Barnett v. Capital One Bank (USA), et al
Plaintiff: Kenneth Barnett
Defendant: Capital One Bank (USA), N.A., a/k/a Capital One Services, LLC, Kohl's Department Stores, Inc., Capital One Bank (USA), N.A. and Capital One Services
Not Yet Classified: Peter J. Grilli
Case Number: 8:2019cv02709
Filed: October 31, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Sean P Flynn
Nature of Suit: Consumer Credit
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 17, 2019 Opinion or Order Filing 14 ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for March 2, 2020, at 1:30 PM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 12/17/2019. (MWS)
December 17, 2019 Filing 13 NOTICE of mediation conference/hearing to be held on March 2, 2020 at 1:30p.m. before Peter J. Grilli, Esq.(Leavengood, Ian)
November 25, 2019 Opinion or Order Filing 12 SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Peter J. Grilli, Esq., for mediation. The parties must mediate no later than March 2, 2020. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by December 17, 2019. Neither party may reschedule or cancel the mediation conference once it is set; leave of Court must be obtained before the mediation conference may be rescheduled or cancelled. The parties shall not mediate until the information exchange outlined in the Scheduling Order is completed. Absent compelling circumstances and leave of Court, lead counsel must appear at the mediation conference. Lead Counsel shall file a notice informing the Court as to the results of mediation within 24 hours of the mediation conference. In the event mediation results in an impasse, the parties must file their jointly-prepared fast-track case management report within 24 hours of the mediation conference. Upon review of the jointly-prepared case management report, the Court will determine whether a case management hearing is necessary. If a case management hearing is necessitated, the Court will set the hearing by separate notice. Furthermore, if mediation results in an impasse, the Court intends to schedule this action for trial within 90-120 days from the mediation conference. Signed by Judge Virginia M. Hernandez Covington on 11/25/2019. (TWL)
November 20, 2019 Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Kenneth Barnett. (McEleney, Sean)
November 20, 2019 Filing 10 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Kenneth Barnett. Related case(s): no (McEleney, Sean)
November 20, 2019 Filing 9 RETURN of service executed on November 13, 2019 by Kenneth Barnett as to Kohl's Department Stores, Inc. (McEleney, Sean)
November 20, 2019 Filing 8 RETURN of service executed on November 5, 2019 by Kenneth Barnett as to Capital One Bank (USA), N.A. (McEleney, Sean)
November 20, 2019 Opinion or Order Filing 7 ENDORSED ORDER granting Defendants' Unopposed Motion for Extension of Time. (Doc. #6). Defendants' responses to the Complaint are due January 3, 2020. Signed by Judge Virginia M. Hernandez Covington on 11/20/2019. (MWS)
November 19, 2019 Filing 6 Consent MOTION for Extension of Time to File Answer , Move or Otherwise Respond to Plaintiff's Complaint by Capital One Bank (USA), N.A., Kohl's Department Stores, Inc. (Bitman, Ronnie)
November 12, 2019 Opinion or Order Filing 5 ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 11/12/2019. (TWL)
November 12, 2019 Opinion or Order Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 11/12/2019. (TWL)
November 1, 2019 Filing 3 SUMMONS issued as to Capital One Bank (USA), N.A., Kohl's Department Stores, Inc.(WCD)
October 31, 2019 Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:19-cv-2709-T-33SPF. (SJB)
October 31, 2019 Filing 1 COMPLAINT (Verified) against Capital One Bank (USA), N.A., a/k/a Capital One Services, LLC, Kohl's Department Stores, Inc. with Jury Demand (Filing Fee $400, Receipt # 113A-16091520) filed by Kenneth Barnett. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Civil Cover Sheet, #10 Proposed Summons)(McEleney, Sean) Modified on 10/31/2019 to correct docket text(SJB).

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Plaintiff: Kenneth Barnett
Represented By: Sean Edward McEleney
Represented By: Eva M. Donohue
Represented By: Ian Richard Leavengood
Represented By: Kelly Christine Burke
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Defendant: Capital One Bank (USA), N.A., a/k/a Capital One Services, LLC
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Defendant: Kohl's Department Stores, Inc.
Represented By: Ronnie J Bitman
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Defendant: Capital One Bank (USA), N.A.
Represented By: Ronnie J Bitman
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Defendant: Capital One Services
Represented By: Ronnie J Bitman
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Not yet classified: Peter J. Grilli
Represented By: Peter John Grilli
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