Cunningham v. Velstar, Inc. et al
| Craig Cunningham |
| Velstar, Inc. doing business as American Credit Network, Transcity, Inc. doing business as American Credit Network, Exact Enterprises, LLC doing business as American Credit Network, James Young doing business as American Credit Network, Andrew Russo doing business as American Credit Network, Melanie Gallagher doing business as American Credit Network and James Young |
| 6:2022cv00558 |
| March 16, 2022 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Leslie Hoffman Price |
| Other Statutory Actions |
| Plaintiff |
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| Filing 43 NOTICE of Local Rule 3.02(a)(2), which 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. (Signed by Deputy Clerk). (RMF)ctp |
Filing 42
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 3/23/2022. (RMF)ctp
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| Filing 41 TRANSFER IN from the Eastern District of Texas. Case assigned to District Judge Wendy W. Berger and Magistrate Judge Leslie Hoffman Price. New Case Number: 6:22-cv-00558-WWB-LHP. (LMW) |
| Filing 40 Case transferred in from District of Texas Eastern; Case Number 4:21-cv-00127. File received electronically |
| Interdistrict transfer to the Middle District of Florida. (kls, ) [Transferred from txed on 3/17/2022.] |
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Filing 39
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for #37 Report and Recommendations. It is therefore ORDERED that Plaintiff Craig Cunningham's Motions to Transfer Venue (Dkts. #19; #35) are GRANTED. It is further ORDERED that Plaintiff's claims be transferred to the Middle District of Florida. Signed by District Judge Amos L. Mazzant, III on 2/16/2022. (baf, ) [Transferred from txed on 3/17/2022.]
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| Filing 38 ACKNOWLEDGMENT OF RECEIPT by Craig Cunningham (GREEN CARD IS NOT SIGNED NOR DATED) as to #37 Report and Recommendations. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 37 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #19 MOTION filed by Craig Cunningham, #35 MOTION filed by Craig Cunningham.The Court recommends that Plaintiff's requests to transfer [Dkts. 19, 35] be GRANTED. The Court recommends this case be TRANSFERRED to theUnited States District Court for the Middle District of Florida for further disposition. Signed by Magistrate Judge Christine A. Nowak on 1/26/2022. (baf, ) [Transferred from txed on 3/17/2022.] |
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Filing 36
ORDER OF PARTIAL DISMISSAL - granting #34 Motion to Dismiss Without Prejudice. It is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff's claims against Defendants Andrew Russo, Exact Enterprises, LLC, and Transcity, Inc. are hereby DISMISSED WITHOUT PREJUDICE. Signed by District Judge Amos L. Mazzant, III on 11/15/2021. (baf, ) [Transferred from txed on 3/17/2022.]
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| Filing 35 MOTION to Transfer to the Middle District of Florida or in the alternative Brief regarding the Cunningham v Matrix case by Craig Cunningham. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 34 MOTION to Dismiss without prejudice by Craig Cunningham. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 33 ACKNOWLEDGMENT OF RECEIPT by Craig Cunningham as to #32 Order (GREEN CARD IS NOT SIGNED AND NO DATE OF DELIVERY IS GIVEN). (baf, ) [Transferred from txed on 3/17/2022.] |
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Filing 32
ORDER. It is therefore ORDERED that Plaintiff Craig Cunningham shall serve the remaining named defendants on or before Tuesday, November 2, 2021, at 5:00 p.m. It is further ORDERED that Plaintiff Craig Cunningham is directed to file a brief no later than Tuesday, November 2, 2021, at 5:00 p.m., regarding what effect, if any, Cunningham v. Matrix Financial Services, LLC, No. 4:19-cv-896, 2021 WL 1226618 (E.D. Tex. Mar. 31, 2021), has on this case. Signed by Magistrate Judge Christine A. Nowak on 10/12/2021. (baf, ) [Transferred from txed on 3/17/2022.]
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| Filing 31 Mail Returned as Undeliverable. ORDER #30 sent to JAMES YOUNG RETURNED MARKED "RETURN TO SENDER - NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD". (baf, ) [Transferred from txed on 3/17/2022.] |
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Filing 30
ORDER. It is therefore ORDERED that Plaintiff shall serve the remaining named defendants on or before Monday, October 4, 2021, at 5:00 p.m. Plaintiff is hereby notified that this action shall be dismissed without prejudice as to the unserved defendants unless Plaintiff completes service of process by the date specified above and in accordance with Federal Rule of Civil Procedure 4(m). It is further ORDERED that Plaintiff Craig Cunningham is directed to file a brief no later than Monday, October 4, 2021, at 5:00 p.m. regarding what effect, if any, Cunningham v. Matrix Financial Services, LLC, No. 4:19-cv-896, 2021 WL 1226618 (E.D. Tex. Mar. 31, 2021), has on this case. Signed by Magistrate Judge Christine A. Nowak on 9/20/2021. (baf, )[Transferred from txed on 3/17/2022.]
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| Filing 29 STATUS REPORT by Craig Cunningham. (Attachments: #1 Exhibit)(baf, ) [Transferred from txed on 3/17/2022.] |
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Filing 28
ORDER. It is hereby ORDERED that the following civil actions are transferred to the Honorable Amos L. Mazzant, effective immediately. Signed by District Judge Sean D. Jordan on 8/31/2021. (baf, ) [Transferred from txed on 3/17/2022.]
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| Filing 27 ACKNOWLEDGMENT OF RECEIPT (GREEN CARD RECEIVED BACK NOT SIGNED NOR DATED) by Craig Cunningham as to #26 Order. (baf, ) [Transferred from txed on 3/17/2022.] |
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Filing 26
ORDER. It is therefore ORDERED that Plaintiff Craig Cunningham shall file a status report detailing the status of this litigation and whether he intends to pursue or dismiss this action no later than Tuesday, September 7, 2021. Signed by Magistrate Judge Christine A. Nowak on 8/23/2021. (baf, ) [Transferred from txed on 3/17/2022.]
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| Filing 25 ACKNOWLEDGMENT OF RECEIPT by Craig Cunningham as to #18 Order. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 24 ACKNOWLEDGMENT OF RECEIPT by Craig Cunningham as to #14 Order Setting Hearing on Motion. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 23 ACKNOWLEDGMENT OF RECEIPT by Craig Cunningham as to #15 Order. (mcg) [Transferred from txed on 3/17/2022.] |
| Filing 22 Mail Returned as Undeliverable. ORDER #18 mailed to JAMES YOUNG (@1533 North Fullers Cross Road, Winter Garden, FL 34787) RETURNED MARKED "RETURN TO SENDER - NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD". (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 21 Mail Returned as Undeliverable. ORDER #17 mailed to JAMES YOUNG (@1533 North Fullers Cross Road, Winter Garden, FL 34787) RETURNED MARKED "RETURN TO SENDER - NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD". (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 20 SUMMONS Returned Executed by Craig Cunningham. James Young served on 4/14/2021, answer due 5/5/2021. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 19 MOTION FOR A TRANSFER AND PLAINTIFF'S STATUS REPORT by Craig Cunningham. #1 EXHIBIT A) (baf, ). [Transferred from txed on 3/17/2022.] |
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Filing 18
ORDER. It is therefore ORDERED that Plaintiff shall move forward with prosecution of this case or seek dismissal and/or a Clerk's Entry of Default, as to Defendants Velstar, Inc. and Melanie Gallagher on or before Monday, May 24, 2021, at 5:00 p.m. Signed by Magistrate Judge Christine A. Nowak on 4/29/2021. (kls, ) [Transferred from txed on 3/17/2022.]
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Filing 17
ORDER granting #10 Motion to Withdraw as Attorney. Attorney Jason Russell Augustine terminated. Signed by Magistrate Judge Christine A. Nowak on 4/27/2021. (baf, ) [Transferred from txed on 3/17/2022.]
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| Filing 16 NOTICE by James Young of Withdrawal of Counsel (Augustine, Jason) [Transferred from txed on 3/17/2022.] |
| Minute Entry for proceedings held before Magistrate Judge Christine A. Nowak: In-Person/Telephonic Hearing held on 04/23/2021. Case called at 2:31 p.m. Craig Cunningham Plaintiff pro se appeared telephonically. Jason Augustine appeared on behalf of Defendant James Young. No other Defendants have appeared in the case. Defendant James Young failed to appear, despite Courts delay of twenty minutes to allow him opportunity to appear. Augustine informs Court he provided Defendant with notice of all filings, including specifically Dkt. 10, Motion to Withdraw. Augustine advises he also sent Defendant the Courts Order setting the hearing, Dkt. 15, by email. Augustine confirms basis for withdrawal. No objection by Plaintiff to withdrawal. Court grants request and directs Augustine to provide notice to Young and file proof of same with Court by 4/28. Court extends deadline to answer or otherwise respond; Defendant Youngs deadline to answer is extended thirty days. Court adjourned at 2:38 p.m. (Court Reporter Digital.) (klee, ) [Transferred from txed on 3/17/2022.] |
| Set/Reset Deadlines: Status Report due by 5/3/2021. (mcg) [Transferred from txed on 3/17/2022.] |
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Filing 15
ORDER. It is ORDERED that Plaintiff shall file a status report on or before Monday, May 3, 2021, advising the Court of Defendants' status in this matter, specifically whether Plaintiff has properly served Defendants and/or whether Plaintiff seeks to non-suit his claims against these Defendants. Signed by Magistrate Judge Christine A. Nowak on 4/13/2021. (mcg) [Transferred from txed on 3/17/2022.]
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Filing 14
ORDER Setting Hearing on Motion #10 First MOTION to Withdraw as Attorney : Motion Hearing set for 4/23/2021 at 2:00 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. Defendant and Defense counsel are directed to appear in-person. Plaintiff Craig Cunningham may appear telephonically. It is finally ORDERED that Defendant's deadline to respond to Plaintiff's Amended Complaint [Dkt. 8] is extended to Friday, May 14, 2021. Signed by Magistrate Judge Christine A. Nowak on 4/9/2021. (baf, ) [Transferred from txed on 3/17/2022.]
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| Filing 13 SUMMONS Returned Executed by Craig Cunningham. Melanie Gallagher served on 3/1/2021, answer due 3/22/2021. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 12 SUMMONS Returned Executed by Craig Cunningham. James Young served on 2/16/2021, answer due 4/8/2021. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 11 SUMMONS Returned Executed by Craig Cunningham. Velstar, Inc. served on 3/1/2021, answer due 3/22/2021. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 10 First MOTION to Withdraw as Attorney by James Young. (Attachments: #1 Text of Proposed Order Proposed Order to Withdraw)(Augustine, Jason) (Attachment 1 replaced on 4/7/2021) (baf, ). [Transferred from txed on 3/17/2022.] |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for James Young to 4/8/2021. 30 Days Granted for Deadline Extension.( baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 9 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re James Young.( Augustine, Jason) [Transferred from txed on 3/17/2022.] |
| Filing 8 AMENDED COMPLAINT against Exact Enterprises, LLC, Melanie Gallagher, Andrew Russo, Transcity, Inc., Velstar, Inc., James Young, filed by Craig Cunningham.(baf, ) [Transferred from txed on 3/17/2022.] |
| Filing fee: $ 402.00, receipt number 01202 (mll, ) [Transferred from txed on 3/17/2022.] |
| Filing 7 SUMMONS Issued as to Transcity, Inc.. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 6 SUMMONS Issued as to Velstar, Inc.. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 5 SUMMONS Issued as to Andrew Russo. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 4 SUMMONS Issued as to James Young. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 3 SUMMONS Issued as to Melanie Gallagher. (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 2 Case ASSIGNED to District Judge Sean D. Jordan and REFERRED to Magistrate Judge Christine A. Nowak. (Attachments: #1 Magistrate Referral) (baf, ) [Transferred from txed on 3/17/2022.] |
| Filing 1 COMPLAINT against Exact Enterprises, LLC, Melanie Gallagher, Andrew Russo, Transcity, Inc., Velstar, Inc., James Young, filed by Craig Cunningham. (Attachments: #1 Civil Cover Sheet)(baf, ) [Transferred from txed on 3/17/2022.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) [Transferred from txed on 3/17/2022.] |
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