Calcagno v. Experian Information Solutions, Inc. et al
| Ambrose J. Calcagno |
| Experian Information Solutions, Inc., Trans Union, LLC, Helvey & Associates, Inc. and Duke Energy Corporation |
| 6:2023cv00523 |
| March 21, 2023 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Embry J Kidd |
| Carlos E Mendoza |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Defendant |
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Filing 55
ORDER dismissing case without prejudice. The Clerk is directed to close this file. Signed by Judge Carlos E. Mendoza on 4/13/2023. (MEH)
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Filing 54
ENDORSED ORDER denying #53 Moton to Dismiss for failure to comply with Local Rule 3.01(g). Signed by Judge Carlos E. Mendoza on 4/11/2023. (KMS)
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| Filing 53 MOTION to Dismiss Complaint and Demand for Jury Trial with Incorporated Memorandum of Law by Duke Energy Corporation. (Reinert, Ryan) |
| Filing 52 NOTICE of Lead Counsel Designation by Ryan C. Reinert on behalf of Duke Energy Corporation. Lead Counsel: Ryan C. Reinert. (Reinert, Ryan) |
| Filing 51 CORPORATE Disclosure Statement by Duke Energy Corporation identifying Corporate Parent Duke Energy Florida, LLC, Other Affiliate Progress Energy, Inc., Other Affiliate Duke Energy Corporation, Other Affiliate Duke Energy Florida, Inc., Other Affiliate Florida Progress, LLC for Duke Energy Corporation.. (Dennis, Bridget) |
| Filing 50 NOTICE of a related action per Local Rule 1.07(c) by Trans Union, LLC. Related case(s): Yes (Epps, Alexandria) |
| Filing 49 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.. (Epps, Alexandria) |
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Filing 48
NOTICE TO COUNSEL AND PARTIES: The Orlando Division of the Middle District of Florida is currently operating in a Judicial Emergency due to a judicial vacancy and the number of cases in the division. Accordingly, civil cases, and especially newly filed civil cases, will be the Court's lowest priority unless emergency issues are presented. Counsel and the parties are encouraged to consider consenting to the Magistrate Judge for the entire case or disposition of any dispositive motions in order to have their case considered on a more timely basis. Signed by Judge Carlos E. Mendoza on 4/3/2023. (MEH)
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Filing 47
NOTICE TO COUNSEL AND PARTIES: 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 Carlos E. Mendoza on 3/24/2023. (MEH)
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Filing 46
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 3/24/2023. (MEH)
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Filing 45
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 3/24/2023. (JOR)
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| Filing 44 Case Reassigned to Judge Carlos E. Mendoza. New case number: 6:23-cv-523-CEM-EJK. Judge Wendy W. Berger no longer assigned to the case. (RPB) |
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Filing 43
ORDER of recusal. The undersigned hereby disqualifies herself from these proceedings, pursuant to 28 U.S.C. 455(b). The Clerk shall reassign this case to the next available District Judge. Signed by Judge Wendy W. Berger on 3/23/2023. (MDJ)
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| Filing 42 NOTICE of Lead Counsel Designation by Ernest H. Kohlmyer, III on behalf of Helvey & Associates, Inc. Lead Counsel: Ernest H. Kohlmyer, III. (Kohlmyer, Ernest) Modified on 3/23/2023 to edit docket text (KNC). |
| Filing 41 CERTIFICATE of interested persons and corporate disclosure statement 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. (Ruiz, Maria) Modified on 3/23/2023 to edit docket text (KNC). |
| Filing 40 NOTICE of a related action per Local Rule 1.07(c) by Experian Information Solutions, Inc. Related case(s): No (Ruiz, Maria) Modified on 3/23/2023 to edit docket text (KNC). |
| Filing 39 NOTICE of Lead Counsel Designation by Maria Helena Ruiz on behalf of Experian Information Solutions, Inc.. Lead Counsel: Maria H. Ruiz. (Ruiz, Maria) |
| Filing 38 NOTICE of Lead Counsel Designation by Craig C. Marchiando on behalf of Ambrose J. Calcagno. Lead Counsel: Craig C. Marchiando. (Marchiando, Craig) |
| Filing 37 NOTICE TO COUNSEL for Plaintiff of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (KNC) |
| Filing 36 NOTICE of Appearance by Octavio Gomez on behalf of Ambrose J. Calcagno (Gomez, Octavio) |
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Filing 35
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 3/23/2023. (JOR)
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| Filing 34 TRANSFER IN from the Southern District of Florida. Case assigned to District Judge Wendy W. Berger and Magistrate Judge Embry J. Kidd. New Case Number: 6:23-cv-523-WWB-EJK. (RPB) |
| Filing 33 Case transferred in from District of Florida Southern; Case Number 0:22-cv-60756. File received electronically |
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Filing 31
ORDER GRANTING IN PART #14 DUKE ENERGYS MOTION TO DISMISS, TRANSFERRING CASE TO THE MIDDLE DISTRICT OF FLORIDA AND CLOSING CASE. Signed by Judge Rodney Smith on 3/20/2023. See attached document for full details. (caw) [Transferred from flsd on 3/22/2023.]
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| Filing 32 CLOSING CASE. (caw) [Transferred from flsd on 3/22/2023.] |
| Case Reopened (caw) [Transferred from flsd on 3/22/2023.] |
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Filing 30
PAPERLESS ORDER granting #29 Motion to Stay. The Court hereby stays all discovery deadlines under Rule 26 of the Federal Rules of Civil Procedure and Local Rule 16.1(b)(2) pending resolution of Dukes Motion to Dismiss Complaint and Demand for Jury Trial for Improper Venue with Incorporated Memorandum of Law [DE 14]. SO ORDERED. Signed by Judge Rodney Smith on 10/13/2022. (agy) [Transferred from flsd on 3/22/2023.]
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| Filing 29 Unopposed MOTION to Stay Discovery by Duke Energy Corporation. Responses due by 7/22/2022 (Reinert, Ryan) [Transferred from flsd on 3/22/2023.] |
| Filing 28 Defendant's REPLY to #26 Response in Opposition to Motion to Dismiss Complaint and Demand for Jury Trial for Improper Venue by Duke Energy Corporation. (Reinert, Ryan) [Transferred from flsd on 3/22/2023.] |
| Filing 27 ANSWER and Affirmative Defenses to Complaint by Experian Information Solutions, Inc.. (Ruiz, Maria) [Transferred from flsd on 3/22/2023.] |
| Filing 26 RESPONSE in Opposition re #14 MOTION to Dismiss #1 Complaint, and Demand for Jury Trial for Improper Venue with Incorporated Memorandum of Law filed by Ambrose J. Calcagno. Replies due by 7/8/2022. (Marchiando, Craig) [Transferred from flsd on 3/22/2023.] |
| Filing 25 ANSWER to Complaint by Trans Union, LLC. (Epps, Alexandria) [Transferred from flsd on 3/22/2023.] |
| Filing 24 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ambrose J. Calcagno. Experian Information Solutions, Inc. served on 5/12/2022, response/answer due 7/5/2022. (Marchiando, Craig) [Transferred from flsd on 3/22/2023.] |
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Filing 23
PAPERLESS ORDER granting #19 Motion for Extension of Time to File Response/Reply to Motion. Responses due by 7/1/2022 Signed by Judge Rodney Smith on 6/16/2022. (agy) [Transferred from flsd on 3/22/2023.]
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Filing 22
PAPERLESS ORDER granting #12 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Experian Information Solutions, Inc. Response/Answer due 7/5/2022. Signed by Judge Rodney Smith on 6/16/2022. (agy) [Transferred from flsd on 3/22/2023.]
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| Filing 21 Notice of NO Pending, Refiled, Related or Similar Actions by Helvey & Associates, Inc. (Kohlmyer, Ernest) [Transferred from flsd on 3/22/2023.] |
| Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Helvey & Associates, Inc. (Kohlmyer, Ernest) [Transferred from flsd on 3/22/2023.] |
| Filing 19 Consent MOTION for Extension of Time to File Response/Reply/Answer as to #14 MOTION to Dismiss #1 Complaint, and Demand for Jury Trial for Improper Venue with Incorporated Memorandum of Law Plaintiff's Consent Motion for Enlargement of Time to Respond to Defendant's Duke Energy's Motion to Dismiss by Ambrose J. Calcagno. (Attachments: #1 Text of Proposed Order)(Marchiando, Craig) [Transferred from flsd on 3/22/2023.] |
| Filing 18 DEFENDANT, HELVEY & ASSOCIATES, INC.S ANSWER and Affirmative Defenses to Complaint with Jury Demand by Helvey & Associates, Inc.. Attorney Ernest Henry Kohlmyer, III added to party Helvey & Associates, Inc.(pty:dft). (Kohlmyer, Ernest) [Transferred from flsd on 3/22/2023.] |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ambrose J. Calcagno. Duke Energy Corporation served on 5/12/2022, response/answer due 6/2/2022. (Marchiando, Craig) [Transferred from flsd on 3/22/2023.] |
| Filing 16 NOTICE by Experian Information Solutions, Inc. re #14 MOTION to Dismiss #1 Complaint, and Demand for Jury Trial for Improper Venue with Incorporated Memorandum of Law, #1 Complaint, / Experian's Joinder in Defendant Duke Energy Corporation's Motion to Dismiss for Improper Venue (Ruiz, Maria) [Transferred from flsd on 3/22/2023.] |
| Filing 15 Corporate Disclosure Statement by Duke Energy Corporation identifying Corporate Parent Duke Energy Florida, LLC, Corporate Parent Florida Progress, LLC, Corporate Parent Progress Energy, Inc. for Duke Energy Corporation (Dennis, Bridget) [Transferred from flsd on 3/22/2023.] |
| Filing 14 MOTION to Dismiss #1 Complaint, and Demand for Jury Trial for Improper Venue with Incorporated Memorandum of Law by Duke Energy Corporation. Attorney Ryan Christopher Reinert added to party Duke Energy Corporation(pty:dft). Responses due by 6/16/2022 (Reinert, Ryan) [Transferred from flsd on 3/22/2023.] |
| Filing 13 Corporate Disclosure Statement 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 Opt-Out Services LLC, Other Affiliate VantageScore Solutions LLC for Experian Information Solutions, Inc. (Ruiz, Maria) [Transferred from flsd on 3/22/2023.] |
| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Experian Information Solutions, Inc.. Attorney Maria Helena Ruiz added to party Experian Information Solutions, Inc.(pty:dft). (Ruiz, Maria) [Transferred from flsd on 3/22/2023.] |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ambrose J. Calcagno. Helvey & Associates, Inc. served on 5/27/2022, response/answer due 6/17/2022. (Marchiando, Craig) [Transferred from flsd on 3/22/2023.] |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ambrose J. Calcagno. Trans Union, LLC served on 5/10/2022, response/answer due 6/30/2022. (Marchiando, Craig) [Transferred from flsd on 3/22/2023.] |
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Filing 9
PAPERLESS ORDER GRANTING #7 Unopposed Motion for Extension of Time for TransUnion LLC to Answer or Otherwise Respond to Plaintiff's Complaint. TransUnion shall respond to the Complaint no later than June 30, 2022. Signed by Judge Rodney Smith on 5/27/2022. (zgs) [Transferred from flsd on 3/22/2023.]
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| Set/Reset Response/Answer Due Deadline per DE 9: Trans Union, LLC response/answer due 6/30/2022. (pcs) [Transferred from flsd on 3/22/2023.] |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement by Trans Union, LLC identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Corporate Parent TransUnion, Corporate Parent T. Rowe Price Group, Inc. for Trans Union, LLC (Epps, Alexandria) [Transferred from flsd on 3/22/2023.] |
| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Trans Union, LLC. Attorney Alexandria N Epps added to party Trans Union, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Epps, Alexandria) [Transferred from flsd on 3/22/2023.] |
| Filing 6 Summons Issued as to Duke Energy Corporation, Experian Information Solutions, Inc., Helvey & Associates, Inc., Trans Union, LLC. (drz) [Transferred from flsd on 3/22/2023.] |
| Filing 4 Clerks Notice of Docket Correction re #3 Summons Issued. Document Restricted Due to Error; The clerk will issue new summonses when venue is corrected. (drz) [Transferred from flsd on 3/22/2023.] |
| Filing 3 Summons Issued as to Duke Energy Corporation, Experian Information Solutions, Inc., Helvey & Associates, Inc., Trans Union, LLC. (drz) [Transferred from flsd on 3/22/2023.] |
| Senior Judge James Lawrence King no longer assigned to case. (Incorrect Venue Selected by Filer) (drz) [Transferred from flsd on 3/22/2023.] |
| Filing 5 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz) [Transferred from flsd on 3/22/2023.] |
| Filing 2 Clerks Notice of Judge Assignment to Senior Judge James Lawrence King. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz) [Transferred from flsd on 3/22/2023.] |
| Filing 1 COMPLAINT against Duke Energy Corporation, Experian Information Solutions, Inc., Helvey & Associates, Inc., Trans Union, LLC. Filing fees $ 402.00 receipt number AFLSDC-15567370, filed by Ambrose J. Calcagno. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Trans Union, LLC, #3 Summon(s) Helvey & Associates, Inc., #4 Summon(s) Experian Information Solutions, Inc., #5 Summon(s) Duke Energy Corporation)(Marchiando, Craig) [Transferred from flsd on 3/22/2023.] |
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