Brito Solis v. American Express National Bank et al
| Wilzaylan Brito Solis |
| American Express National Bank, Capital One, N.A., Citibank, N.A., Discover Financial Services Inc., LVNV Funding LLC, Midland Credit Management Inc., Resurgent Capital Services, L.P., Synchrony Bank, TD Bank USA, N.A., Uplift LLC, Equifax Information Services LLC, Experian Information Solutions, Inc., Trans Union LLC, Credit Control LLC, Radius Global Solutions LLC, Source Receivables Management, LLC, Uplift Inc. and Discover Bank |
| 5:2023cv00208 |
| March 29, 2023 |
| US District Court for the Middle District of Florida |
| Philip R Lammens |
| James S Moody |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 106 MOTION to Compel Arbitration by Experian Information Solutions, Inc.. (Attachments: #1 Declaration in Support of Motion to Compel Arbitration)(Delgado, Fabiola) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 105 ANSWER and affirmative defenses to #74 Amended Complaint, Answer and Affirmative Defenses to Second Amended Complaint by Experian Information Solutions, Inc..(Delgado, Fabiola) |
| Filing 104 ANSWER to #74 Amended Complaint, by Trans Union LLC.(LaRue, Linda) |
| Filing 103 ANSWER and affirmative defenses to Complaint Second Amended by Discover Bank.(Solano, Sara) |
| Filing 102 CERTIFICATE of interested persons and corporate disclosure statement by Discover Bank identifying Corporate Parent Discover Financial Services for Discover Bank. (Solano, Sara) |
| Filing 101 NOTICE of a related action per Local Rule 1.07(c) by Discover Bank. Related case(s): No (Solano, Sara) |
| Filing 100 NOTICE of Lead Counsel Designation by Sara Lauren Solano on behalf of Discover Bank. Lead Counsel: Sara L. Solano. (Solano, Sara) |
| Filing 99 NOTICE of Appearance by Sara Lauren Solano on behalf of Discover Bank (Solano, Sara) |
| Filing 98 ANSWER and affirmative defenses with Jury Demand to #74 Amended Complaint, by Credit Control LLC.(Spengler, Sangeeta) |
Filing 97
ENDORSED ORDER granting #96 Equifax Information Services LLC's Second Unopposed Motion for Extension of Time. Equifax Information Services LLC's deadline to respond to Plaintiff's Second Amended Complaint is extended to June 1, 2023. Signed by Judge James S. Moody, Jr. on 5/18/2023. (SMB)
|
| Filing 96 Unopposed MOTION for Extension of Time to File Response/Reply as to #74 Amended Complaint, by Equifax Information Services LLC. (Joffe, Jason) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 95 RETURN of service executed on 5/16/2023 by Wilzaylan Brito Solis as to Synchrony Bank. (Teran, Santiago) |
|
Filing 94
ENDORSED ORDER granting #93 Midland Credit Management Inc.'s Unopposed Motion for Extension of Time. Midland Credit Management Inc.'s deadline to respond to Plaintiff's Second Amended Complaint is extended to June 1, 2023. Signed by Judge James S. Moody, Jr. on 5/17/2023. (SMB)
|
| Filing 93 Unopposed MOTION for Extension of Time to File Answer re #74 Amended Complaint, by Midland Credit Management Inc.. (Eichhorn, Cory) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 92 SUMMONS reissued as to Synchrony Bank. (RLK) |
| Filing 91 PROPOSED summons to be issued by Wilzaylan Brito Solis. (Teran, Santiago) |
| Filing 90 RETURN of service executed on 5/10/2023 by Wilzaylan Brito Solis as to Uplift Inc.. (Teran, Santiago) |
|
Filing 89
ORDER granting #88 Motion to Strike. The Clerk is directed to strike the proof of service on Synchrony Bank (Doc. #25), from the docket. Signed by Magistrate Judge Philip R. Lammens on 5/11/2023. (EE)
|
| Filing 88 MOTION to Strike #25 Summons returned executed by Wilzaylan Brito Solis. (Teran, Santiago) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 87 RETURN of service executed on 5/8/2023 by Wilzaylan Brito Solis as to Discover Bank. (Teran, Santiago) |
| Filing 86 ANSWER with Jury Demand to #74 Amended Complaint, [Second Amended Complaint] by TD Bank USA, N.A..(Melendez, Brian) |
| Filing 85 ANSWER and affirmative defenses with Jury Demand to #74 Amended Complaint, by LVNV Funding LLC.(Burnette, Lauren) |
| Filing 84 ANSWER and affirmative defenses with Jury Demand to #74 Amended Complaint, by Resurgent Capital Services, L.P..(Burnette, Lauren) |
| Filing 83 NOTICE of a related action per Local Rule 1.07(c) by Midland Credit Management Inc.. Related case(s): No (Eichhorn, Cory) |
| Filing 82 CERTIFICATE of interested persons and corporate disclosure statement re 9 Notice to Counsel of Local Rule, by Midland Credit Management Inc. identifying Corporate Parent Encore Capital Group, Inc. for Midland Credit Management Inc.. (Eichhorn, Cory) |
| Filing 81 CERTIFICATE of interested persons and corporate disclosure statement re 9 Notice to Counsel of Local Rule, by Credit Control LLC identifying Corporate Parent Credit Control Holdings LLC for Credit Control LLC. (Spengler, Sangeeta) |
| Filing 80 SUMMONS issued as to Discover Bank, Uplift Inc.. (RLK) |
| Filing 79 NOTICE of a related action per Local Rule 1.07(c) by Credit Control LLC. Related case(s): No (Spengler, Sangeeta) |
| Filing 78 NOTICE of Lead Counsel Designation by Sangeeta P. Spengler on behalf of Credit Control LLC. Lead Counsel: Sangeeta Spengler. (Spengler, Sangeeta) |
| Filing 77 ANSWER and affirmative defenses with Jury Demand to #41 Amended Complaint, First Amended Complaint by Credit Control LLC.(Spengler, Sangeeta) |
|
Filing 76
ENDORSED ORDER granting #75 Defendant Capital One, N.A.'s Unopposed Motion for Extension of Time. Capital One, N.A.'s deadline to respond to Plaintiff's Second Amended Complaint is extended to May 31, 2023. Signed by Judge James S. Moody, Jr. on 5/4/2023. (SMB)
|
| Filing 75 MOTION for Extension of Time to File Response/Reply as to #74 Amended Complaint, by Capital One, N.A.. (Starks, Michael) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 74 Second AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Wilzaylan Brito Solis. (Attachments: #1 Proposed Summons Capital One, N.A., #2 Proposed Summons Discover Bank, #3 Proposed Summons Uplift Inc., #4 Proposed Summons Synchrony Bank)(Teran, Santiago) Modified on 5/4/2023 (RLK). |
|
Filing 73
ENDORSED ORDER granting #72 Plaintiff's Motion to Amend the First Amended Complaint. Plaintiff shall separately file his Second Amended Complaint. Signed by Judge James S. Moody, Jr. on 5/4/2023. (SMB)
|
| Filing 72 Unopposed MOTION to Amend #41 Amended Complaint, by Wilzaylan Brito Solis. (Attachments: #1 Second Amended Complaint, #2 Proposed Summons Discover Bank, #3 Proposed Summons Capital One, N.A.)(Teran, Santiago) Motions referred to Magistrate Judge Philip R. Lammens. |
|
Filing 71
ENDORSED ORDER granting #68 Defendant Radius Global Solutions, LLC's Unopposed Motion for Extension of Time. Defendant, Radius Global Solutions, LLC's deadline to respond to Plaintiff's Amended Complaint is extended to May 29, 2023. Signed by Judge James S. Moody, Jr. on 5/3/2023. (SMB)
|
|
Filing 70
ENDORSED ORDER granting #67 Plaintiff's Motion to Dismiss Discover Financial Services Inc. The Clerk is directed to terminate Defendant Discover Financial Services Inc. from this case. Signed by Judge James S. Moody, Jr. on 5/3/2023. (SMB)
|
| Filing 69 NOTICE of a related action per Local Rule 1.07(c) by Capital One, N.A.. Related case(s): No (Starks, Michael) |
| Filing 68 Unopposed MOTION for Extension of Time to File Response/Reply as to #41 Amended Complaint, by Radius Global Solutions LLC. (Fleishman, Rachel) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 67 MOTION for Miscellaneous Relief, specifically Motion to Dismiss Discover Financial Services Inc. by Wilzaylan Brito Solis. (Teran, Santiago) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 66 CERTIFICATE of interested persons and corporate disclosure statement by Capital One, N.A.. (Starks, Michael) |
| Filing 65 ANSWER and affirmative defenses to #41 Amended Complaint, by Discover Financial Services Inc..(Solano, Sara) |
| Filing 64 ANSWER with Jury Demand to #41 Amended Complaint, by TD Bank USA, N.A..(Melendez, Brian) |
| Filing 63 NOTICE of a related action per Local Rule 1.07(c) by LVNV Funding LLC, Resurgent Capital Services, L.P.. Related case(s): No (Burnette, Lauren) |
| Filing 62 NOTICE of Lead Counsel Designation by Lauren M. Burnette on behalf of LVNV Funding LLC, Resurgent Capital Services, L.P.. Lead Counsel: Lauren M. Burnette. (Burnette, Lauren) |
| Filing 61 CERTIFICATE of interested persons and corporate disclosure statement re 9 Notice to Counsel of Local Rule, by Resurgent Capital Services, L.P. identifying Corporate Parent Resurgent Holdings, LLC, Corporate Parent Alegis Group, LLC for Resurgent Capital Services, L.P.. (Burnette, Lauren) |
| Filing 60 CERTIFICATE of interested persons and corporate disclosure statement re 9 Notice to Counsel of Local Rule, by LVNV Funding LLC identifying Corporate Parent Sherman Originator, LLC for LVNV Funding LLC. (Burnette, Lauren) |
| Filing 59 ANSWER and affirmative defenses with Jury Demand to #41 Amended Complaint, by Resurgent Capital Services, L.P..(Burnette, Lauren) |
| Filing 58 ANSWER and affirmative defenses with Jury Demand to #41 Amended Complaint, by LVNV Funding LLC.(Burnette, Lauren) |
|
Filing 57
ENDORSED ORDER granting #54 Equifax Information Services LLC's Unopposed Motion for Extension of Time. Equifax Information Services LLC's deadline to respond to Plaintiff's Amended Complaint is extended to May 18, 2023. Signed by Judge James S. Moody, Jr. on 4/28/2023. (SMB)
|
| Filing 56 NOTICE of a related action per Local Rule 1.07(c) by Equifax Information Services LLC. Related case(s): No (Joffe, Jason) |
| Filing 55 CERTIFICATE of interested persons and corporate disclosure statement by Equifax Information Services LLC identifying Corporate Parent Equifax Inc. for Equifax Information Services LLC. (Joffe, Jason) |
| Filing 54 Unopposed MOTION for Extension of Time to File Answer re #41 Amended Complaint, by Equifax Information Services LLC. (Joffe, Jason) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 53 NOTICE of a related action per Local Rule 1.07(c) by Trans Union LLC. Related case(s): No (LaRue, Linda) |
| Filing 52 CORPORATE Disclosure Statement by Trans Union LLC identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Corporate Parent TransUnion, Other Affiliate T. Rowe Price Group, Inc. for Trans Union LLC.. (LaRue, Linda) |
| Filing 51 ANSWER to #1 Complaint, by Trans Union LLC.(LaRue, Linda) |
| Filing 50 PROPOSED summons to be issued by Wilzaylan Brito Solis. (Teran, Santiago) |
| Filing 49 ***ENTRY DELETED. ENTERED IN ERROR. (SMB) Modified on 4/25/2023 (SMB). |
|
Filing 48
ENDORSED ORDER granting #47 Defendant Capital One, N.A.'s Unopposed Motion for Extension of Time. Capital One, N.A.'s deadline to respond to Plaintiff's Amended Complaint is extended to May 31, 2023. Signed by Judge James S. Moody, Jr. on 4/25/2023. (SMB)
|
| Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply as to #41 Amended Complaint, by Capital One, N.A.. (Starks, Michael) Motions referred to Magistrate Judge Philip R. Lammens. |
|
Filing 46
ENDORSED ORDER granting #45 Defendant Experian Information Solutions, Inc.'s Unopposed Motion for Extension of Time to Answer. Experian Information Solutions, Inc.'s deadline to respond to Plaintiff's Amended Complaint is extended to May 25, 2023. Signed by Judge James S. Moody, Jr. on 4/25/2023. (SMB)
|
| Filing 45 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Experian Information Solutions, Inc.. (Delgado, Fabiola) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 44 CERTIFICATE of interested persons and corporate disclosure statement re 9 Notice to Counsel of Local Rule, by Experian Information Solutions, Inc. identifying Corporate Parent Experian plc, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC, Other Affiliate Opt-Out Services LLC for Experian Information Solutions, Inc.. (Delgado, Fabiola) |
| Filing 43 NOTICE of a related action per Local Rule 1.07(c) by Experian Information Solutions, Inc.. Related case(s): No (Delgado, Fabiola) |
| Filing 42 NOTICE of Appearance by Fabiola Maria Delgado on behalf of Experian Information Solutions, Inc. (Delgado, Fabiola) |
| Filing 41 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Wilzaylan Brito Solis. Related document: #1 Complaint, filed by Wilzaylan Brito Solis. (Attachments: #1 Proposed Summons)(Teran, Santiago) |
|
Filing 40
ENDORSED ORDER granting #39 Defendant Capital One, N.A.'s Unopposed Motion for Extension of Time. Capital One, N.A.'s deadline to respond to Plaintiff's Complaint is extended to May 31, 2023. Signed by Judge James S. Moody, Jr. on 4/24/2023. (SMB)
|
| Filing 39 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Capital One, N.A.. (Kemp-Gerstel, Andrew) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 4/24/2023 (SMB). |
| Filing 38 NOTICE of Appearance by Michael D. Starks on behalf of Capital One, N.A. (Starks, Michael) |
| Filing 37 NOTICE of Appearance by Andrew Kemp-Gerstel on behalf of Capital One, N.A. (Kemp-Gerstel, Andrew) |
|
Filing 36
ORDER denying #33 Plaintiff's Motion to correct service, acknowledging that Defendant, Uplift, LLC, has been voluntarily dismissed without prejudice. Signed by Magistrate Judge Philip R. Lammens on 4/20/2023. (EE)
|
| Filing 35 RETURN of service executed on 4/10/2023 by Wilzaylan Brito Solis as to Citibank, N.A.. (Teran, Santiago) |
| Filing 34 RETURN of service executed on 4/6/2023 by Wilzaylan Brito Solis as to Capital One, N.A.. (Teran, Santiago) |
| Filing 33 MOTION for Miscellaneous Relief, specifically Motion for Leave to Correct Service on Defendant Uplift, Inc. & to Dismiss Uplift LLC by Wilzaylan Brito Solis. (Teran, Santiago) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 32 RETURN of service executed on 4/11/2023 by Wilzaylan Brito Solis as to American Express National Bank. (Teran, Santiago) |
| Filing 31 RETURN of service executed on 4/10/2023 by Wilzaylan Brito Solis as to Midland Credit Management Inc.. (Teran, Santiago) |
| Filing 30 RETURN of service executed on 4/7/2023 by Wilzaylan Brito Solis as to Uplift LLC. (Teran, Santiago) |
| Filing 29 RETURN of service executed on 4/7/2023 by Wilzaylan Brito Solis as to Radius Global Solutions LLC. (Teran, Santiago) |
| Filing 28 RETURN of service executed on 4/7/2023 by Wilzaylan Brito Solis as to Source Receivables Management, LLC. (Teran, Santiago) |
| Filing 27 RETURN of service executed on 4/6/2023 by Wilzaylan Brito Solis as to Equifax Information Services LLC. (Teran, Santiago) |
| Filing 26 RETURN of service executed on 4/7/2023 by Wilzaylan Brito Solis as to Credit Control LLC. (Teran, Santiago) |
| Filing 25 ***STRICKEN PER ORDER SEE DE 89***RETURN of service executed on 4/6/2023 by Wilzaylan Brito Solis as to Synchrony Bank. (Teran, Santiago) Modified on 5/12/2023 (RLK). |
| Filing 24 RETURN of service executed on 4/6/2023 by Wilzaylan Brito Solis as to LVNV Funding LLC. (Teran, Santiago) |
| Filing 23 RETURN of service executed on 4/6/2023 by Wilzaylan Brito Solis as to Resurgent Capital Services, L.P.. (Teran, Santiago) |
| Filing 22 RETURN of service executed on 4/6/2023 by Wilzaylan Brito Solis as to Experian Information Solutions, Inc.. (Teran, Santiago) |
|
Filing 21
ORDER granting #15 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Philip R. Lammens on 4/6/2023. (EE)
|
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement by Discover Financial Services Inc.. (Solano, Sara) |
| Filing 19 NOTICE of a related action per Local Rule 1.07(c) by Discover Financial Services Inc.. Related case(s): No (Solano, Sara) |
| Filing 18 NOTICE of Lead Counsel Designation by Sara Lauren Solano on behalf of Discover Financial Services Inc.. Lead Counsel: Sara Solano. (Solano, Sara) |
| Filing 17 NOTICE of Appearance by Sara Lauren Solano on behalf of Discover Financial Services Inc. (Solano, Sara) |
| Filing 16 RETURN of service executed on 4/5/2023 by Wilzaylan Brito Solis as to Discover Financial Services Inc.. (Teran, Santiago) |
| Filing 15 Unopposed MOTION for Autumn C. Gear to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20695915 for $150 by American Express National Bank. (Gear, Autumn) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 14 RETURN of service executed on 4/5/2023 by Wilzaylan Brito Solis as to TD Bank USA, N.A.. (Teran, Santiago) |
| Filing 13 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (KAC) |
| Filing 12 RETURN of service executed on 4/5/2023 by Wilzaylan Brito Solis as to Trans Union LLC. (Teran, Santiago) |
| Filing 11 NOTICE of Appearance by Sherilee J. Samuel on behalf of TD Bank USA, N.A. (Samuel, Sherilee) |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Wilzaylan Brito Solis. Related case(s): No (Teran, Santiago) |
| Filing 9 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (KAC) |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by TD Bank USA, N.A.. Related case(s): No (Melendez, Brian) |
| Filing 7 CORPORATE Disclosure Statement by TD Bank USA, N.A. identifying Other Affiliate Target Corporation, Other Affiliate Target Enterprise, Inc., Other Affiliate TD Bank US Holding Company, a Delaware corporation, Other Affiliate Toronto-Dominion Bank, The, Other Affiliate TD Group US Holdings, LLC, a Delaware limited liability company for TD Bank USA, N.A... (Melendez, Brian) |
| Filing 6 NOTICE of Appearance by Brian Melendez on behalf of TD Bank USA, N.A. (Melendez, Brian) |
| Filing 5 SUMMONS issued as to American Express National Bank, Capital One, N.A., Citibank, N.A., Credit Control LLC, Discover Financial Services Inc., Equifax Information Services LLC, Experian Information Solutions, Inc., LVNV Funding LLC, Midland Credit Management Inc., Radius Global Solutions LLC, Resurgent Capital Services, L.P., Source Receivables Management, LLC, Synchrony Bank, TD Bank USA, N.A., Trans Union LLC, Uplift LLC. (LAB) |
| Filing 4 NOTICE of Lead Counsel Designation by Santiago Jorge Teran on behalf of Wilzaylan Brito Solis. Lead Counsel: Santiago J. Teran. (Teran, Santiago) |
| Filing 3 CERTIFICATE of interested persons and corporate disclosure statement by Wilzaylan Brito Solis. (Teran, Santiago) |
| Filing 2 NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:23-cv-00208-JSM-PRL. (ER) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-20665561) filed by Wilzaylan Brito Solis. (Attachments: #1 Proposed Summons Capital One, #2 Proposed Summons Citibank, #3 Proposed Summons Discover, #4 Proposed Summons Lvnv Funding, #5 Proposed Summons Midland Funding, #6 Proposed Summons Resurgent, #7 Proposed Summons Synchrony, #8 Proposed Summons Uplift, #9 Proposed Summons Equifax, #10 Proposed Summons Experian, #11 Proposed Summons Trans Union, #12 Proposed Summons Credit Control, #13 Proposed Summons Radius Global, #14 Proposed Summons Source Receivables, #15 Proposed Summons American Express, #16 Proposed Summons TD Bank, #17 Civil Cover Sheet)(Teran, Santiago) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
