Oliveira, Jr. v. BMW Financial Services NA, LLC et al
Plaintiff: Jr. Jose Roberto S. Oliveira and Jose Roberto S. Oliveira, Jr.
Defendant: BMW Financial Services NA, LLC, Fields Motorcars of Florida Inc., d/b/a Fields BMW South Orlando and Fields Motorcars of Florida, Inc. doing business as Fields BMW South Orlando
Case Number: 6:2023cv02395
Filed: December 14, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Wendy W Berger
Referring Judge: Daniel C Irick
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1681 Fair Credit Reporting Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 9, 2024 Opinion or Order Filing 20 ORDER Dismissing Case with Prejudice re #19 Notice of Settlement. All pending motions are DENIED as moot. The Clerk is directed to close this file. Signed by Judge Wendy W. Berger on 2/9/2024. (RMF)
February 8, 2024 Filing 19 NOTICE of settlement by BMW Financial Services NA, LLC (Appelbaum, Steven)
January 30, 2024 Opinion or Order Filing 18 ORDER TO SHOW CAUSE. On or before February 7, 2024, Plaintiff shall show cause why Plaintiff's claim(s) against Fields Motorcars should not be dismissed for failure to prosecute. Signed by Magistrate Judge Daniel C. Irick on 1/30/2024. (TNP)
January 23, 2024 Filing 17 CASE MANAGEMENT REPORT. (Appelbaum, Steven)
January 4, 2024 Filing 16 ANSWER and affirmative defenses to Complaint by BMW Financial Services NA, LLC.(Appelbaum, Steven)
January 2, 2024 Filing 15 NOTICE of Pendency of Other Actions by Fields Motorcars of Florida, Inc. (Boudet, John) (Modified on 1/3/2024, to edit text) (BGR).
December 29, 2023 Filing 14 MOTION to Dismiss Plaintiff's Complaint and Supporting Memorandum of Law by Fields Motorcars of Florida, Inc. (Boudet, John) Modified text on 1/2/2024 (MCB).
December 29, 2023 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Fields Motorcars of Florida, Inc.. (Boudet, John)
December 29, 2023 Filing 12 ***Counsel notified to refile using correct event code*** NOTICE by Fields Motorcars of Florida, Inc. (Boudet, John) Modified text on 1/2/2024 (MCB).
December 27, 2023 Filing 11 NOTICE of compliance with Local Rule 1.06 by BMW Financial Services NA, LLC (Attachments: #1 State Court Complaint State Court Complaint, #2 State Court Other Documents State Court Other Documents)(Appelbaum, Steven) Modified docket text on 12/28/2023 (JTM).
December 27, 2023 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by BMW Financial Services NA, LLC identifying Other Affiliate BMW of North America, LLC, Other Affiliate BMW AG, Other Affiliate BMW INTEC Beteiligungs GmbH, Other Affiliate BMW U.S. Holding Corp. for BMW Financial Services NA, LLC. (Appelbaum, Steven)
December 27, 2023 Filing 9 NOTICE of a related action per Local Rule 1.07(c) by BMW Financial Services NA, LLC. Related case(s): No (Appelbaum, Steven)
December 22, 2023 Opinion or Order Filing 8 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
December 21, 2023 Filing 7 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)
December 21, 2023 Opinion or Order Filing 6 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. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. 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 and this Court's Standing Orders. 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 12/21/2023. (RMF)
December 21, 2023 Filing 5 NOTICE TO COUNSEL Steven Myer Appelbaum of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (JK)
December 20, 2023 Opinion or Order Filing 4 ENDORSED ORDER granting #3 Unopposed Motion for Extension of Time. Defendant BMW Financial Services NA, LLC must respond to the Complaint by 1/4/2024. Signed by Magistrate Judge Daniel C. Irick on 12/20/2023. (Irick, Daniel)
December 20, 2023 Filing 3 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal by BMW Financial Services NA, LLC. (Appelbaum, Steven) Motions referred to Magistrate Judge Daniel C. Irick.
December 14, 2023 Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Daniel C. Irick. New case number: 6:23-cv-2395-WWB-DCI. (RLK)
December 14, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 9th Judicial Circuit In and For Orange County, FL, case number 2023-SC-053941-O filed in State Court on September 15, 2023. Filing fee $405, receipt number AFLMDC-21562389 filed by BMW Financial Services NA, LLC. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Appelbaum, Steven) Modified text on 12/15/2023 (KME).

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Plaintiff: Jr. Jose Roberto S. Oliveira
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Plaintiff: Jose Roberto S. Oliveira, Jr.
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Defendant: BMW Financial Services NA, LLC
Represented By: Steven Myer Appelbaum
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Defendant: Fields Motorcars of Florida Inc., d/b/a Fields BMW South Orlando
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Defendant: Fields Motorcars of Florida, Inc. doing business as Fields BMW South Orlando
Represented By: John Armando Boudet
Represented By: Dawn Giebler Millner
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