(blflc4S, COURT STAFF) (Filed on 7/26/2018), STIPULATION WITH PROPOSED ORDER (for dismissal of Defendant Experian Information Solutions, Inc.) filed by Seely Moore. Top-requested sites to log in to services provided by the state. Similarly, Murphys affidavit is not evidence of sufficient probative force to raise a fact issue on any material question, because the terms of the contract specify that payments will first be allocated to accrued but unpaid finance charges with any remainder being allocated to the principal. Please do not include personal or contact information. (cv, COURT STAFF) (Filed on 6/7/2018) (Entered: 06/08/2018), STIPULATION of Dismissal of Remaining Claim against Exeter Finance LLC filed by Exeter Finance Corp.. (Brandt, Justin) (Filed on 5/14/2018), STIPULATED PROTECTIVE ORDER re 38 (MODIFIED BY THE COURT). P. 45. 2022-12-29, U.S. District Courts | Contract | In Billy Ginwright v. Exeter Finance Corp ., No. "Less than a scintilla of evidence exists when the evidence is so weak as to do no more than create a mere surmise or suspicion of a fact. " Id. You have a legal right to request debt validation on an alleged debt. BOSTON In the largest settlement of its kind, national subprime auto lender Credit Acceptance Corporation (CAC) will pay more than $27 million to settle a lawsuit brought by Massachusetts Attorney General Maura Healey over a variety of alleged unfair practices relating to the companys role in the origination, collection, and securitization of subprime auto loans. A no-evidence summary judgment is essentially a pretrial directed verdict. On May 1, 2019, Plaintiff filed this lawsuit pro se and in forma pauperis against Exeter, Although he filed the lawsuit pursuant to federal question jurisdiction under 28 This is in accord with Section 84.201(d)(3)(A) of the Texas Administrative Code. 2:23-CV-00127 | 2023-02-24, U.S. District Courts | Finance | Case Management Conference set for 11/16/2017 11:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. It originally filed in January 2019 with a proposed deal size of $100 million. 2009) ; Craig Sessions, M.D., P.A. WebExeter Finance offers franchise & independent dealership financing and subprime auto lending to credit-challenged customers. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. Initial Case Management Conference set for 10/17/2017 01:30 PM in Courtroom 2, 5th Floor, San Jose. This case was filed in U.S. District Courts, South Carolina District Court. (Plati, Michael) (Entered: 07/08/2021), SUMMONS Issued as to Defendants Equifax Information Services, LLC, Exeter Finance, LLC, Experian Information Solutions, Inc. (crl, ) (Entered: 06/25/2021), (#3) ATTORNEY Appearance for Plaintiff Dennis J. Henderson by Syed Haseeb Hussain (Hussain, Syed) (Entered: 06/17/2021), CASE ASSIGNED to the Honorable John F. Kness. Share sensitive information only on official, secure websites. 3-5 b) of discussion of ADR options (Gale, Elliot) (Filed on 8/11/2017) (Entered: 08/11/2017), Certificate of Interested Entities by Exeter Finance Corp. identifying Corporate Parent Enzo Parent, LLC for Exeter Finance Corp.. (Fuller, Chad) (Filed on 8/8/2017) (Entered: 08/08/2017), STIPULATION Extending time for Defendant Exeter Finance LLC to Respond to Complaint (Joint Stipulation) filed by Exeter Finance Corp.. (Fuller, Chad) (Filed on 8/8/2017) (Entered: 08/08/2017), SUMMONS Returned Executed by Seely Moore. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Some page levels are currently hidden. We reverse the trial courts award of attorney fees to Exeter, but affirm the remainder of the trial courts order granting Exeters no-evidence motion for summary judgment. (Plati, Michael) (Entered: 07/08/2021), Docket(#4) SUMMONS Returned Executed by Dennis J. Henderson as to Experian Information Solutions, Inc. on 6/28/2021, answer due 7/19/2021. 3:16-cv-04197 District Judge William H. Orrick , presiding Westlake Financial Services, American Credit Acceptance, Contact the Attorney General's Office at (617) 727-2200, In Largest Settlement of Its Kind, AG Healey Secures $27 Million for Thousands of Massachusetts Consumers From Subprime Auto Lender. She said many of the consumers hurt by those lending practices livein cities including Springfield, Boston, Worcester and Brockton. Why is this public record being published online? Filing fee $ 402, receipt number 0752-18366584. On appeal, Murphy contends that the trial court erred in granting Exeters motions for summary judgment as to his claims that Exeter had committed usury, had engaged in deceptive trade practices, and had breached its contract with him. Through our ongoing, extensive investigation into the subprime auto industry, we have a proven record of taking action and getting results for our residents who have been exploited by unscrupulous lenders.. We reverse the trial courts award of attorney fees to Exeter because the fees were not incurred to enforce the contract, but we otherwise affirm the trial courts judgment because Murphy failed to produce more than a scintilla of evidence in support of his claims for usury, deceptive trade practices, and breach of contract. Jackie Charniga. at 95 ; Travelers Indem. Therefore, even granting all inferences in Murphys favor, we find that the statement of account, Murphys listed calculations, and his affidavit fail to present any evidence of probative value to support his usury claim against Exeter. Because the principal balance was reduced, the daily finance rate was reduced to $9.13641 ($16,188.30 x 20.6% = $3,334.79 365 = $9.13641). Web Signed by Judge Beth Labson Freeman on 11/8/2017. 1:23-CV-01109 | 2023-02-24, U.S. District Courts | Finance | Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff). Click to reveal 2022-12-29, U.S. District Courts | Finance | If you make your scheduled payments late, your Finance Charge will increase." (jmlS, COURT STAFF) (Filed on 7/20/2017) (Entered: 07/20/2017), Proposed Summons. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 5-1(e)(7). Heres what you need to know. See Tex. On December 29, 2016, Murphy filed suit against Exeter alleging that Exeter demanded, charged, and/or received usurious interest. Make your practice more effective and efficient with Casetexts legal research suite. (Ellis, Bernie) (Entered: 11/11/2021), Docket(#5) Summons Issued as to Exeter Finance LLC, Primeritus Financial Services Inc. (Attachments: #1 Summons for Primeritus Financial Services, Inc.)(arut) (Entered: 10/07/2021), Docket(#3) Local Rule 26.01 Answers to Interrogatories by Jennifer Bradley. 2023-01-24, Riverside County Superior Courts | Contract | gwanggong series; 2022; gina wilson all things algebra 2015 answer key unit 2; aivituvin cat house; explanatory variable statistics quizlet; perfect mate telegram group; scranton times This lawsuit is part of AG Healeys review of securitization practices in the subprime auto marketan industry-wide investigation that remains ongoing. The trial court granted Exeters motions for summary judgment and denied Murphys motion. Case reassigned to Magistrate Judge Virginia K DeMarchi for all further discovery proceedings. Subprime auto lender Exeter Finance has agreed to pay more than $6 million in two states for financing auto loans that the lender knew or should have known were unfair. Both states say the loans violated state law. Filed By: Garcia, Julian (Plaintiff). In March 2017, Santander Consumer USA Holdings Inc. agreed to pay $16 million to more than 2,000 Massachusetts car buyers and another $6 million to the state for originating auto loans based on customer incomes that were "incorrect and often inflated." (arut) (Entered: 10/07/2021), Docket(#1) COMPLAINT against Exeter Finance LLC, Primeritus Financial Services Inc, John Does I-X (Filing fee $402 receipt number 0420-10110894. Co. of Conn. v. Mayfield , 923 S.W.2d 590, 593 (Tex. Refers to: Exeter Finance LLC. (amkS, COURT STAFF) (Filed on 9/21/2017) (Entered: 09/21/2017), Experian Information Solutions, Inc.'s ANSWER to Complaint byExperian Information Solutions, Inc. (Lee, Benjamin) (Filed on 9/21/2017) (Entered: 09/21/2017), ADR Clerk's Notice Setting ADR Phone Conference on October 16, 2017 at 11:30 AM Pacific time. As part of the agreements, Exeter will waive deficiencies on certain subprime loans in its portfolio and will request that the major credit bureaus "wipe all trade lines for involved subprime loans" on affected consumers' credit reports, according to the statements. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. ADMIN. The future of the 1%: These are the 20 US colleges that produce the wealthiest grads. Joseph R. Kimball, III, Pettitt & Kimball, PLLC, 131 E. Exchange Ave., Ste. 301.002(a)(16) (West 2016), 348.001(9) (West Supp. Exeter, headquartered in Irving, Texas, is a Delaware limited liability company. DocketCivil Case Management Conference scheduled for 04/22/2022 at 10:00:00 AM at Central in C-69 Katherine Bacal. "It's hurt me for a long time and I've been trying to recover from it," Mello said. After entering into a written contract to purchase a truck, Robyn Dale Murphy, Jr., aka Robin Dale Murphy, Jr., sued Exeter Finance Corporation, raising claims for usury, deceptive trade practices, and breach of contract based on allegations that Exeter charged or received interest exceeding the legally allowable rate. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff). Jury Selection set for 3/29/2019, 4/1/2019 09:00 AM before Judge Beth Labson Freeman. Accordingly, the case against Defendant Experian Information Solutions, Inc. is dismissed with prejudice in accordance with the terms of the stipulation and by operation of Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Some page levels are currently hidden. In granting Exeters no-evidence motion for summary judgment, the trial court awarded Exeter $5,500.00 in attorney fees and expenses, as well as conditional awards in the event of successful appeals to the court of appeals and the Texas Supreme Court. Delaware and Massachusetts previously partnered to crack down on deceptive subprime auto lending. To request information suppression, updates, or additions, contact us about this docket. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. ) or https:// means youve safely connected to the official website. Please limit your input to 500 characters. Please remove any contact information or personal data from your feedback. Contact the Attorney General's Office at (617) 727-2200, AG Healey Sues Major Subprime Auto Lender for Unfair and Deceptive Practices in Its Subprime Auto Loan Business in Massachusetts. Print Share. Mailed notice (ef, ) (Entered: 11/12/2021), (#34) REPORT of Rule 26(f) Planning Meeting by Dennis J. Henderson (Plati, Michael) (Entered: 11/02/2021), (#33) ORDER signed by the Honorable John F. Kness on 10/19/2021: Telephonic initial status hearing is set for 11/15/2021 at 10:00 AM. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff), DocketOriginal Summons filed by Garcia, Julian. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff), Civil Case Cover Sheet filed by Garcia, Julian. Thank you for your website feedback! Mailed notice (ef, ) (Entered: 09/03/2021), (#28) NOTICE of Voluntary Dismissal by Dennis J. Henderson as to Defendant Exeter Finance, LLC (Plati, Michael) (Entered: 08/31/2021), (#27) MOTION by Defendant Exeter Finance, LLC for extension of time to file answer regarding complaint #1 (UNOPPOSED) (Ritchie, Alan) (Entered: 08/30/2021), Docket(#35) MINUTE entry before the Honorable John F. Kness: In their joint initial status report #34 , the parties explain that they "have completed their settlement documentation and anticipate that they will complete the settlement and file a Stipulation of Dismissal by November 30, 2021." All of this was set out in the contract, to which Murphy agreed by affixing his signature. Therefore, we apply the same legal sufficiency standard in reviewing a no-evidence summary judgment as we apply in reviewing a directed verdict. Finally, one place to get all the court documents we need. (tshS, COURT STAFF) (Date Filed: 11/16/2017) (Entered: 11/17/2017), ORDER GRANTING 30 EXPERIAN INFORMATION SOLUTIONS, INC.'S MOTION TO APPEAR BY TELEPHONE AT HEARING. ADMIN. et al, Hundley v. Experian Information Solutions, Inc. et al, Mokszycki v. Equifax Information Services LLC et al. 2:23-CV-00294 | 2023-02-24, U.S. District Courts | Finance | Service due by 1/3/2022. 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