Forbes v. Concord Advice, LLC et al
| Marcus Forbes |
| Concord Advice, LLC, Speedy Servicing, Inc., Clarity Services, Inc. and Michael Luxenberg |
| Peter J. Grilli |
| 8:2019cv02980 |
| December 4, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 28, 2020. A more recent docket listing may be available from PACER.
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Filing 31
ENDORSED ORDER granting Defendant Speedy Servicing's Unopposed Second Motion to Extend Time to File Responsive Pleading (Doc. #30). Speedy Servicing's response to the operative Complaint is due February 3, 2020. Signed by Judge Virginia M. Hernandez Covington on 1/28/2020. (Covington, Virginia)
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| Filing 30 Second MOTION for Extension of Time to File Answer /To File Responsive Pleading by Speedy Servicing, Inc. (Knox, Steven) |
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Filing 29
ENDORSED ORDER granting Defendants Concord Advice, LLC and Michael Luxenberg's Unopposed Motion for Extension of Time to Respond to the First Amended Complaint (Doc. #28). Defendants' response to the operative Complaint is due February 3, 2020. Signed by Judge Virginia M. Hernandez Covington on 1/21/2020. (SGM)
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| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #26 Amended Complaint by Concord Advice, LLC, Michael Luxenberg. (Raines, Lauren) |
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Filing 27
ENDORSED ORDER: In light of Plaintiff's Amended Complaint, Defendants' motion to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2) (Doc. #20) is DENIED AS MOOT. Pursuant to Federal Rule of Civil Procedure 15(a)(3), Defendants Speedy Servicing, Inc., Concord Advice, LLC, and Michael Luxenberg's responses to the Amended Complaint are due within 14 days after service of the amended pleading. Signed by Judge Virginia M. Hernandez Covington on 1/13/2020. (SGM)
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| Filing 26 AMENDED COMPLAINT against Concord Advice, LLC, Michael Luxenberg, Speedy Servicing, Inc. with Jury Demand. filed by Marcus Forbes. (Attachments: #1 Exhibits A to R, #2 Exhibits S to MM)(Bonan, Thomas) |
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Filing 25
ENDORSED ORDER denying Plaintiff's Motion for Entry of Clerk's Default against Speedy Servicing (Doc. #22) in light of Defendant Speedy Servicing's Notice of Special Appearance (Doc. #21) and Response in Opposition to the Motion (Doc. #24). Speedy Servicing's response to the Complaint is due on or before January 21, 2020. Signed by Judge Virginia M. Hernandez Covington on 1/9/2020. (SGM)
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| Filing 24 RESPONSE in Opposition re #22 First MOTION for entry of clerk's default against Speedy Servicing, Inc. filed by Speedy Servicing, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Knox, Steven) |
| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE re 19 Order filed by Marcus Forbes. (Bonan, Thomas) |
| Filing 22 First MOTION for entry of clerk's default against Speedy Servicing, Inc. by Marcus Forbes. (Morgan, Brandon) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 21 NOTICE of Special Appearance by Steven Douglas Knox on behalf of Speedy Servicing, Inc. (Knox, Steven) |
| Filing 20 MOTION to dismiss for lack of jurisdiction (personal) by Concord Advice, LLC, Michael Luxenberg. (Attachments: #1 Exhibit 1)(Raines, Lauren) |
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Filing 19
ENDORSED ORDER: On December 19, 2019, Plaintiff filed an affidavit which he claims shows that service was executed on Defendant Speedy Servicing on November 4, 2019. (Doc. #14). To date, Speedy Servicing has not appeared in this matter, nor has it filed a response to the Complaint or sought an extension of time to do so. And Plaintiff has not promptly applied to the Clerk for entry of default pursuant to Local Rule 1.07(b). Accordingly, Plaintiff is directed to show cause by January 9, 2020, why this action should not be dismissed as to Speedy Servicing for failure to prosecute pursuant to Local Rule 3.10(a). Signed by Judge Virginia M. Hernandez Covington on 1/3/2020. (SGM)
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Filing 18
ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for April 6, 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 12/20/2019. (SGM)
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| Filing 17 NOTICE of mediation conference/hearing to be held on 4/6/2020 1:30pm before Peter J. Grilli. (Morgan, Brandon) |
| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement by Concord Advice, LLC, Michael Luxenberg. (Raines, Lauren) |
| Filing 15 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Concord Advice, LLC, Michael Luxenberg. Related case(s): yes (Raines, Lauren) |
| Filing 14 RETURN of service executed on 11/04/2019 by Marcus Forbes as to Speedy Servicing, Inc. (Morgan, Brandon) |
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Filing 13
ENDORSED ORDER: Defendants Concord Advice, LLC and Michael Luxenberg removed this case from state court on December 4, 2019 (Doc. #1). Those Defendants represented in their Notice of Removal that the affidavit of service for Defendant Speedy Servicing was not publicly available at the time of filing, although Speedy Servicing consented to the removal of the case. (Doc. # 1 at 2 n.1; Doc. # 1-4 at 2). The state court docket sheet that the removing Defendants attached to their Notice reflects that an affidavit of service was returned on November 26, 2019, with the comment "Speedy Servicing 11/4/19." (Doc. # 1-2 at 1). Speedy Servicing has not appeared in this case since it was removed to federal court. Under these circumstances, the Court directs Plaintiff Marcus Forbes to file an affidavit showing return of service on Defendant Speedy Servicing, or other evidence related to service of process on Speedy Servicing, on or before December 27, 2019. Signed by Judge Virginia M. Hernandez Covington on 12/19/2019. (SGM)
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| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Marcus Forbes. (Morgan, Brandon) |
| Filing 11 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Marcus Forbes. Related case(s): no (Morgan, Brandon) |
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Filing 10
ENDORSED ORDER: In light of the Court's December 16, 2019, Order granting the relief sought therein (Doc. # 6), the Motion to Extend Time (Doc. #9) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 12/17/2019. (SGM)
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| Filing 9 MOTION to extend time to file responsive pleading by Concord Advice, LLC, Michael Luxenberg. (Raines, Lauren) |
| Filing 8 NOTICE of Appearance by Tara Marie Petzoldt on behalf of Concord Advice, LLC, Michael Luxenberg (Petzoldt, Tara) |
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Filing 7
ENDORSED ORDER: While this matter was still pending in state court, Plaintiff filed a Notice of Pending Settlement as to Defendant Clarity Services, Inc. Only (Doc. # [1-5]). On the basis of that Notice, this cause is hereby dismissed as to Defendant Clarity Services, Inc. only, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. The case remains open as to the claims against all other Defendants. Signed by Judge Virginia M. Hernandez Covington on 12/16/2019. (SGM)
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Filing 6
ENDORSED ORDER granting Defendants Concord Advice, LLC and Michael Luxenberg's Motion to Extend Time to File Responsive Pleading (Doc. #5). Concord Advice, LLC and Michael Luxenberg's response to the Complaint is due on or before January 6, 2020. Signed by Judge Virginia M. Hernandez Covington on 12/16/2019. (SGM)
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| Filing 5 MOTION to extend time to File Responsive Pleadings by Concord Advice, LLC, Michael Luxenberg. (Raines, Lauren) |
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Filing 4
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 April 15, 2020. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by December 31, 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 12/6/2019. (TWL)
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 12/5/2019. (TWL)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:19-cv-2980-T-33CPT. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from In and For Hillsborough County, Florida, Small Claims Division, case number 2019-CC-056664 filed in State Court on 10/28/2019. Filing fee $ 400, receipt number 113A-16215016 filed by Concord Advice, LLC, Michael Luxenberg. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 State Court Docket Sheet State Court Docket, #3 State Court COMPLAINT Exhibit A - Complaint, #4 Exhibit Consent to Removal, #5 Exhibit Notice of Pending Settlement)(Raines, Lauren) |
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