Gilbert v. Rushmore Loan Management Services, LLC et al
| Kathy Gilbert |
| The Law Offices of Popkin & Rosaler, P.A. and Rushmore Loan Management Services, LLC |
| Peter J. Grilli |
| 8:2020cv01752 |
| July 30, 2020 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Other Statutory Actions |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.
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Filing 26
ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for November 24, 2020, at 9:30 AM. 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. Signed by Judge Virginia M. Hernandez Covington on 9/25/2020. (DMD)
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| Filing 25 AMENDED NOTICE of mediation conference/hearing to be held on 11/24/20 at 9:30 AM before Peter J. Grilli, Esq.(Thalji, Sami) |
| Filing 24 NOTICE of mediation conference/hearing to be held on 11/24/20 at 9:00 AM before Peter J. Grilli, Esq.(Thalji, Sami) |
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Filing 23
ENDORSED ORDER: In the Scheduling Order, the Court directed the parties to schedule a mediation before Peter Grilli by the mediation deadline of December 3, 2020. (Doc. #12 at 5). Yet, Plaintiff has filed a notice of mediation purporting to set a December 1 mediation before a different mediator. (Doc. #22). Because this notice of mediation fails to comply with the Court's order to mediate before Mr. Grilli, the Court rejects the notice of mediation. Plaintiff is directed to file a notice of mediation setting a mediation before Mr. Grilli by September 28, 2020. The Court notes that, according to his online calendar, Mr. Grilli is available to mediate on November 23 and 24, 2020. Signed by Judge Virginia M. Hernandez Covington on 9/24/2020. (DMD)
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| Filing 22 NOTICE of mediation conference/hearing to be held on 12/1/20 at 9:30 AM before James Betts, Esq.(Thalji, Sami) |
| Filing 21 ANSWER and affirmative defenses to #1 Complaint by Rushmore Loan Management Services, LLC.(Diaz, Adam) |
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Filing 20
ENDORSED ORDER: On August 20, 2020, the Court entered its Scheduling Order, directing Plaintiff to file a notice of mediation by September 18, 2020. (Doc. #12). A review of the docket reveals that no notice has been filed. Accordingly, Plaintiff is directed to file a notice of mediation, indicating the date, time, and location of the mediation conference, by September 24, 2020. Signed by Judge Virginia M. Hernandez Covington on 9/21/2020. (DMD)
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Filing 19
ENDORSED ORDER: On the basis of the notice of settlement (Doc. #18), this cause is hereby dismissed as to The Law Offices of Popkin & Rosaler, P.A. 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 claim against Rushmore Loan Management Services, LLC. Signed by Judge Virginia M. Hernandez Covington on 9/14/2020. (DMD)
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| Filing 18 NOTICE of settlement Pending by Kathy Gilbert (Thalji, Sami) |
| Filing 17 RESPONSE TO ORDER TO SHOW CAUSE re 16 Order no pdf filed by Kathy Gilbert. (Thalji, Sami) |
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Filing 16
ENDORSED ORDER: On August 14, 2020, Gilbert served Defendant The Law Offices of Popkin & Rosaler, P.A. (Doc. #9). Therefore, Popkin & Rosaler's answer to the complaint was due on September 4, 2020. But no answer has been filed and Gilbert has not promptly applied to the Clerk for entry of default pursuant to Local Rule 1.07(b). Accordingly, Gilbert is directed to show cause by September 16, 2020, why this action should not be dismissed for failure to prosecute pursuant to Local Rule 3.10(a). Signed by Judge Virginia M. Hernandez Covington on 9/9/2020. (DMD)
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Filing 15
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the complaint. (Doc. #14). Defendant Rushmore Loan Management Services, LLC's response is now due September 22, 2020. Signed by Judge Virginia M. Hernandez Covington on 8/26/2020. (DMD)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Rushmore Loan Management Services, LLC. (Diaz, Adam) |
| Filing 13 NOTICE of Appearance by Adam Alexander Diaz on behalf of Rushmore Loan Management Services, LLC (Diaz, Adam) |
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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 December 3, 2020. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by September 18, 2020. 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 8/20/2020. (TWL)
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| Filing 11 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Kathy Gilbert. Related case(s): no (Thalji, Sami) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Kathy Gilbert. (Thalji, Sami) |
| Filing 9 RETURN of service executed on 8/14/20 by Kathy Gilbert as to The Law Offices of Popkin & Rosaler, P.A. (Thalji, Sami) |
| Filing 8 RETURN of service executed on 8/12/20 by Kathy Gilbert as to Rushmore Loan Management Services, LLC. (Thalji, Sami) |
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Filing 7
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 7/31/2020. (TWL)
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Filing 6
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 7/31/2020. (TWL)
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| Filing 5 SUMMONS issued as to Rushmore Loan Management Services, LLC, The Law Offices of Popkin & Rosaler, P.A. (CRH) |
| Filing 4 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:20-cv-1752-T-33SPF. (SJB) |
| Filing 3 PROPOSED summons to be issued by Kathy Gilbert. (Thalji, Sami) |
| Filing 2 PROPOSED summons to be issued by Kathy Gilbert. (Thalji, Sami) |
| Filing 1 COMPLAINT against The Law Offices of Popkin & Rosaler, P.A., Rushmore Loan Management Services, LLC with Jury Demand (Filing fee $ 400 receipt number 113A-17118397) filed by KATHY GILBERT. (Attachments: #1 Civil Cover Sheet Cover, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Thalji, Sami) Modified on 7/30/2020 (CRH). |
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