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3AN-10-07557CI Knox, Viola et al vs. Whittington, Peggy Jo et al CME

Court Case Details

Case Number: 3AN-10-07557CI
Case Type: Civil Superior Ct (3AN)
Case Status: Closed
Action: Unfair Trade Practice and Consumer Protection
Case Judge: Easter, Catherine M
File Date: 17 May 2010

Parties

Name Role
Knox, Viola Plaintiff
Peter, Elizabeth Plaintiff
Whittington, Peggy Jo Defendant
ILIAMNA SERVICES LLC Defendant
is, llc Defendant

Dispositions

Disposition Date Case Judge
Perempt Disqual by Plaintiff/Petitioner/Appellant 2010-05-20 Pfiffner, Frank A
Judge Caseload Transfer 2012-03-30 Michalski, Peter A
Judgment on Pleadings for Plaintiff 2013-12-02 Easter, Catherine M

Receipts

Receipt Number Date Amount
561170 2010-05-17 $150.00
946604 2013-06-18 $10.00

Events

Date Location Type Result Event Judge
2011-08-11 Courtroom 502, Nesbett Courthouse Hearing Hearing Reset Michalski, Peter A
2011-08-11 Courtroom 502, Nesbett Courthouse Hearing Hearing Held Michalski, Peter A
2011-10-06 Courtroom 502, Nesbett Courthouse Status Hearing Superior Court Hearing Held Michalski, Peter A
2012-01-04 Courtroom 502, Nesbett Courthouse Status Hearing Superior Court Hearing Held Michalski, Peter A
2012-02-09 Courtroom 502, Nesbett Courthouse Status Hearing Superior Court Hearing Vacated Michalski, Peter A
2012-03-02 Courtroom 502, Nesbett Courthouse Status Hearing Superior Court Hearing Held Michalski, Peter A
2012-03-28 Anchorage Courtroom Settlement Conference Superior Court Hearing Vacated Joannides, Stephanie E
2012-06-06 Anchorage Courtroom Settlement Conference Superior Court Hearing Reset Hopwood, Donald D
2012-08-06 Anchorage Courtroom Settlement Conference Superior Court Hearing Reset Hopwood, Donald D
2012-08-06 Courtroom 604, Nesbett Courthouse Settlement Conference Superior Court Settlement Reached Hopwood, Donald D

Financial

Cost Type Amount Owned Amount Paid Amount Adjusted Amount Outstanding
Total $160.00 $160.00 $0.00 $0.00
Filing Fee $150.00 $150.00 $0.00 $0.00
Miscellaneous Revenue $10.00 $10.00 $0.00 $0.00

Docket

Date Text
2010-05-17
                                    Initial Judicial Assignment: Honorable Frank Pfiffner
                                
2010-05-17
                                    Complaint for Unfair Trade Practice  Receipt: 561170  Date: 05/17/2010
                                
2010-05-17
                                    Summons and Notice to Both Parties of Judicial Assignment
                                
2010-05-17
                                    Case Flagged for Civil Rule 4(j) Tracking (3AN)
            Peggy Jo Whittington (Defendant);
                                
2010-05-17
                                    Case Flagged for Civil Rule 4(j) Tracking (3AN)
            Iliamna Services (Defendant); IS Inc (Defendant);
                                
2010-05-17
                                    Attorney Information
            Attorney Kammermeyer, Jacob representing Plaintiff Knox, Viola as of 05/17/2010
                                
2010-05-17
                                    Attorney Information
            Attorney Zaletel, Megan Allison representing Plaintiff Knox, Viola as of 05/17/2010
                                
2010-05-17
                                    Attorney Information
            Attorney Kammermeyer, Jacob representing Plaintiff Peter, Elizabeth as of 05/17/2010
                                
2010-05-17
                                    Attorney Information
            Attorney Zaletel, Megan Allison representing Plaintiff Peter, Elizabeth as of 05/17/2010
                                
2010-05-20
                                    Notice of Change of Judge (Peremptory Challenge)
            Megan Allison Zaletel (Attorney) on behalf of Viola Knox (Plaintiff)
                                
2010-05-20
                                    Peremptory Disqualification by Plaintiff/Petitioner
                                
2010-05-20
                                    Affidavit of Service
            Megan Allison Zaletel (Attorney) on behalf of Viola Knox (Plaintiff)
                                
2010-06-09
                                    Affidavit of Service
            Megan Allison Zaletel (Attorney) on behalf of Viola Knox (Plaintiff)
                                
2010-09-02
                                    Application for Default
            Megan Allison Zaletel (Attorney) on behalf of Viola Knox (Plaintiff)
                                
2010-11-15
                                    Copy of Complaint Sent to Consumer Protection Unit, AG's Office, Pursuant to AS45.50531(c)
                                
2011-05-04
                                    Notice of Deficient Filing(s) mailed re:  Application for entry of default lacks proposed entry of default [CURED]
            
            Notice of Deficient Filing(s) (Anchorage)
            Sent on:  05/04/2011  10:13:57
                                
2011-05-18
                                    Order:    The court requests further explanation of the basis in the record for concluding that Mr. Fleischer represents any or all of the defendants to this action and that the service on Erika Damells by mail is service on Mr. Fleischer. Please advise by June 1, 2011 so that the court may further review the motion for default.
                                
2011-06-01
                                    Response to Order dated May 18, 2011
            Hugh W Fleischer (Attorney) on behalf of Peggy Jo Whittington (Defendant)
                                
2011-06-01
                                    Plaintiff's Memorandum Regarding Service of Defendants
            Megan Allison Zaletel (Attorney) on behalf of Viola Knox (Plaintiff)
                                
2011-06-13
                                    Order:  The court orders the defendants to file an answer by June 23, 2011.
                                
2011-06-28
                                    Application for Default
            Viola Knox (Plaintiff);
                                
2011-08-12
                                    Entry of Appearance
            Hugh W Fleischer (Attorney) on behalf of Peggy Jo Whittington (Defendant)
                                
2011-08-18
                                    Answer
            Hugh W Fleischer (Attorney) on behalf of Peggy Jo Whittington (Defendant)
                                
2011-08-22
                                    Initial Pretrial Order Issued
            
            Initial Pretrial Order (Anchorage)
            Sent on:  08/22/2011  10:51:20
                                
2011-08-22
                                    Initial Pretrial Order Issued
            
            Initial Pretrial Order (Anchorage)
            Sent on:  08/22/2011  10:55:16
                                
2011-09-01
                                    Request for a Status conference c/s 9/2/11 CR 77 Proposed Order 
            Attorney: Zaletel, Megan Allison (0511091)
            Megan Allison Zaletel (Attorney) on behalf of Viola Knox (Plaintiff) 
            Filing Party:  Knox, Viola
            Case Motion #1
                                
2011-09-02
                                    Notice of Deficient Filing(s) mailed re: c/s 9/2/11 CR 77 CURED 9/7/11
            
            Notice of Deficient Filing(s) (Anchorage)
            Sent on:  09/02/2011  10:32:34
                                
2011-09-07
                                    Proposed Order regarding  Request for a Status conference
            Megan Allison Zaletel (Attorney) on behalf of Viola Knox (Plaintiff)
            Case Motion #1: Request for a Status conference c/s 9/2/11 CR 77 Proposed Order
                                
2011-09-29
                                    Order Granting Plaintiffs' Request for Status Conference
            Case Motion #1: Request for a Status conference c/s 9/2/11 CR 77 Proposed Order
                                
2012-02-07
                                    Unopposed Motion to continue hearing set for Feb 9 2012  be rescheduled for after Mar 1, 2012
            Attorney: Zaletel, Megan Allison (0511091)
            Viola Knox (Plaintiff); ; Megan Allison Zaletel (Attorney) on behalf of Viola Knox (Plaintiff) 
            Filing Party:  Knox, Viola
            Case Motion #2
                                
2012-02-08
                                    Order Granting Unopposed Motion to Continue Hearing Set for February 9, 2012
            Case Motion #2: Unopposed Motion to continue hearing set for Feb 9 2012  be rescheduled for after Mar 1, 2012
                                
2012-02-08
                                    Order Granting Motion
                   Knox, Viola
            Case Motion #2
            Unopposed Motion to continue hearing set for Feb 9 2012  be rescheduled for after Mar 1, 2012
                                
2012-03-30
                                    Administrative Reassignment 
            From: Judge Peter A. Michalski To:  Judge Catherine M. Easter
                                
2012-04-25
                                    Order for Resolution Conference
                                
2012-05-07
                                    Order Resetting Resolution Conference
                                
2012-08-06
                                    Memorandum from Judge Hopwood - the parties resolved all issues in this case. Counsel will submit proposed stipulation.
                                
2012-08-10
                                    Joint motion to accept notice to class members of settlement and proposed order
            Attorney: Zaletel, Megan Allison (0511091)
            Attorney: Fleischer, Hugh W (7106012)
            Viola Knox (Plaintiff); Elizabeth Peter (Plaintiff); Peggy Jo Whittington (Defendant); Iliamna Services (Defendant); IS Inc (Defendant); 
            Filing Party:  Knox, Viola; Whittington, Peggy Jo
            Case Motion #3
                                
2012-08-10
                                    Stipulation for class certification and proposed order
            Attorney: Zaletel, Megan Allison (0511091)
            Attorney: Fleischer, Hugh W (7106012)
            Viola Knox (Plaintiff); Elizabeth Peter (Plaintiff); Peggy Jo Whittington (Defendant); Iliamna Services (Defendant); IS Inc (Defendant); 
            Filing Party:  Knox, Viola; Peter, Elizabeth; Whittington, Peggy Jo; Iliamna Services; IS Inc
            Case Motion #4
                                
2012-09-06
                                    Order Granting Stipulation for class certification
             
                  Knox, Viola
             
            Case Motion #4
            Stipulation for class certification and proposed order
                                
2012-09-06
                                    Order Granting Joint motion to accept notice to class members of settlement
             
                  Knox, Viola
             
            Case Motion #3
            Joint motion to accept notice to class members of settlement and proposed order
                                
2012-09-06
                                    Notice to Class Members of Settlement Approved
                                
2012-10-04
                                    Order Re: Dismissal to be filed
                                
2012-10-16
                                    Status Report
            Megan Allison Zaletel (Attorney) on behalf of Viola Knox, Elizabeth Peter (Plaintiff)
                                
2012-10-23
                                    Unopposed Motion to accept alternative modes of service to notice to class members of settlement and proposed order
            Attorney: Zaletel, Megan Allison (0511091)
            Megan Allison Zaletel (Attorney) on behalf of Elizabeth Peter (Plaintiff) 
            Filing Party:  Knox, Viola
            Case Motion #5
                                
2012-11-01
                                    Order Granting Unopposed Motion to accept alternative modes of service to notice to class members of settlement
             
                  Knox, Viola
             
            Case Motion #5
            Unopposed Motion to accept alternative modes of service to notice to class members of settlement and proposed order
                                
2012-12-17
                                    Request for Order to Show Cause Why Defendants Should Not Be Held in Contempt
            Attorney: Zaletel, Megan Allison (0511091)
            Viola Knox (Plaintiff); Elizabeth Peter (Plaintiff); 
            Filing Party:  Knox, Viola; Peter, Elizabeth
            Case Motion #6
                                
2013-01-10
                                    60 Day Stay of Proceedings Ordered Per Order Appointing Trustee Counsel
                                
2013-01-10
                                    Attorney Information  Order on Unavailable Attorney Signed 1/10/13
            Attorney Fleischer, Hugh W dismissed/withdrawn for Defendant IS Inc on 01/10/2013
            IS Inc (Defendant);
                                
2013-01-10
                                    Attorney Information  Order on Unavailable Attorney Signed 1/10/13
            Attorney Fleischer, Hugh W dismissed/withdrawn for Defendant Iliamna Services on 01/10/2013
            Iliamna Services (Defendant);
                                
2013-01-10
                                    Attorney Information  Order on Unavailable Attorney Signed 1/10/13
            Attorney Fleischer, Hugh W dismissed/withdrawn for Defendant Whittington, Peggy Jo on 01/10/2013
            Peggy Jo Whittington (Defendant);
                                
2013-03-10
                                    Stay of Proceedings Lifted
                                
2013-03-15
                                    Order Granting Motion for Order to Show Cause
             
                  Knox, Viola
             
            Case Motion #6
            Request for Order to Show Cause Why Defendants Should Not Be Held in Contempt
                                
2013-04-15
                                    Unopposed Motion to change hearing  date set for April 19, 2013
            Attorney: Pro per (0100001)
            Peggy Jo Whittington (Defendant); 
            Filing Party:  Whittington, Peggy Jo
            Case Motion #7
                                
2013-04-16
                                    Order Granting Unopposed Motion to change hearing  date
             
                  Whittington, Peggy Jo
             
            Case Motion #7
            Unopposed Motion to change hearing  date set for April 19, 2013
                                
2013-04-26
                                    Unopposed Motion to reschedule hearing
            Attorney: Regan, Mark W (8409081)
            Viola Knox (Plaintiff); ; Megan Allison Zaletel (Attorney) on behalf of Viola Knox (Plaintiff) 
            Filing Party:  Knox, Viola
            Case Motion #8
                                
2013-04-29
                                    Order Granting Unopposed Motion to reschedule hearing
             
                  Knox, Viola
             
            Case Motion #8
            Unopposed Motion to reschedule hearing
                                
2013-06-18
                                    CD/Tape Duplication  Receipt: 946604  Date: 06/18/2013
                                
2013-07-02
                                    Proposed Order regarding hearing to show cause results
            Attorney: Zaletel, Megan Allison (0511091)
            Jacob Kammermeyer (Attorney) on behalf of Viola Knox (Plaintiff); Megan Allison Zaletel (Attorney) on behalf of Viola Knox (Plaintiff) 
            Filing Party:  Knox, Viola; Peter, Elizabeth
            Case Motion #9
                                
2013-07-09
                                    Addendum - Exhibit A
            Megan Allison Zaletel (Attorney) on behalf of Viola Knox, Elizabeth Peter (Plaintiff)
                                
2013-07-09
                                    Motion for Order Accepting proposed Judgments and memorandum order
            Attorney: Zaletel, Megan Allison (0511091)
            Megan Allison Zaletel (Attorney) on behalf of Viola Knox (Plaintiff) 
            Filing Party:  Knox, Viola
            Case Motion #10
                                
2013-07-18
                                    Order Granting Motion regarding hearing to show cause results
             
                  Knox, Viola
             
            Case Motion #9
            Proposed Order regarding hearing to show cause results
                                
2013-08-02
                                    Returned Mail - Calendaring Notice // [Proposed] Order of 07/18/2013; Vacant
            Peggy Jo Whittington (Defendant);
                                
2013-08-14
                                    Attorney Information
            Attorney Jaehning, Leslie A representing Plaintiff Knox, Viola as of 08/14/2013
                                
2013-08-14
                                    Attorney Information
            Attorney Jaehning, Leslie A representing Plaintiff Peter, Elizabeth as of 08/14/2013
                                
2013-08-14
                                    Entry of Appearance
            Leslie A Jaehning (Attorney) on behalf of Viola Knox, Elizabeth Peter (Plaintiff)
                                
2013-08-15
                                    Report of Trustee Counsel
            Attorney: Metzger, Yale H (9512082) [Trustee Counsel]
                                
2013-10-14
                                    Motion and memorandum in support of plaintff's request for Attorney Fees and cost
            Attorney: Zaletel, Megan Allison (0511091)
            Viola Knox (Plaintiff); ; Megan Allison Zaletel (Attorney) on behalf of Viola Knox (Plaintiff) 
            Filing Party:  Knox, Viola; Peter, Elizabeth
            Case Motion #11
                                
2013-12-02
                                    Order Granting Motion
            Case Motion #10: Motion for Order Accepting proposed Judgments and memorandum order, Case Motion #11: Motion and memorandum in support of plaintff's request for Attorney Fees and cost
                                
2013-12-02
                                    Judgment on the Pleadings for Plaintiff
                                
2013-12-02
                                    Judgment Entered
             
            Judgment Amount:                40,000.00  
            Pre-Judgment Interest:         1,631.51  
            Attorney Fees:                         8,685.32  
            Court Costs:                                 0.00  
            Other Fees:                                 606.06  
            Judgment Total:                     50,922.89  
            Total Accrued Costs:                  0.00  
            Total Accrued Interest:               0.00  
            
            Terms: Post Judgment Interest Rate of 3.75% 
            
            Type: Judgment 
            Judge: Easter, Catherine M 
            Judgment Date: 12/02/2013 
            Judgment Time: 12:00PM 
            Referee:  
            Recommendation Date:  
            
            Judgment Status: Judgment Entered 
             
            Judgment For: Peter, Elizabeth - Plaintiff 
             
                          Knox, Viola - Plaintiff 
             
            Judgment Against: Whittington, Peggy Jo - Defendant 
             
                                                ------------------------------------------- 
                                                Issuance 
                                                ------------------------------------------- 
                                                Writ Type:  
                                                Date Issued:  
                                                Accrued Interest:  
                                                Satisfied Amount:  
             
                                                ------------------------------------------- 
                                                Return 
                                                ------------------------------------------- 
                                                Processed By:  
                                                Received From:  
                                                Accrued Costs:     
                                                Satisfied Amount:  
                                                Date Returned:  
                                                Date Collected:  
                                                Date Paid:  
             
                              Iliamna Services - Defendant 
             
                                                ------------------------------------------- 
                                                Issuance 
                                                ------------------------------------------- 
                                                Writ Type:  
                                                Date Issued:  
                                                Accrued Interest:  
                                                Satisfied Amount:  
             
                                                ------------------------------------------- 
                                                Return 
                                                ------------------------------------------- 
                                                Processed By:  
                                                Received From:  
                                                Accrued Costs:     
                                                Satisfied Amount:  
                                                Date Returned:  
                                                Date Collected:  
                                                Date Paid:  
             
                              IS Inc - Defendant 
             
                                                ------------------------------------------- 
                                                Issuance 
                                                ------------------------------------------- 
                                                Writ Type:  
                                                Date Issued:  
                                                Accrued Interest:  
                                                Satisfied Amount:  
             
                                                ------------------------------------------- 
                                                Return 
                                                ------------------------------------------- 
                                                Processed By:  
                                                Received From:  
                                                Accrued Costs:     
                                                Satisfied Amount:  
                                                Date Returned:  
                                                Date Collected:  
                                                Date Paid:  
             
            Judgment Satisfied Amount:             0.00  
            Judgment Balance:                         50,922.89  
            Case Total:                                          0.00  
            Case Satisfied Amount:                    0.00  
            Case Balance:                                     0.00
                                
2013-12-03
                                    Copy of Final Judgment/Order Sent to Consumer Protection Unit, AG's Office Pursuant to AS45.50531(c)
                                
2013-12-06
                                    Returned Mail - [Proposed] Order // [Proposed] Judgment; Vacant
            Peggy Jo Whittington (Defendant);
                                
2014-01-08
                                    Notice of Substitution Of Counsel
            Leslie A Jaehning (Attorney) on behalf of Viola Knox, Elizabeth Peter (Plaintiff)
                                
2014-01-08
                                    Attorney Information
            Attorney Zaletel, Megan Allison dismissed/withdrawn for  Knox, Viola on 01/08/2014
                                
2014-01-08
                                    Attorney Information
            Attorney Zaletel, Megan Allison dismissed/withdrawn for  Peter, Elizabeth on 01/08/2014
                                
2015-03-05
                                    Information for Writ of Execution
            Leslie A Jaehning (Attorney) on behalf of Viola Knox (Plaintiff)
                                
2015-03-09
                                    Accounting Deficiency Notice
            The requested CIV-500 and CIV-525 cannot be completed by the court at this time.  To issue a CIV-500 please provide the court with process server instructions and the creditor's affidavit.  To issue a CIV-525 please provide additional process server instructions as well as the employers response packet.  Thank you!
            
            Deficiency Notice - Accounting (Anchorage)
            Sent on:  03/09/2015  08:09:12.25