Fair v. Kimball et al
| Kimberly Fair |
| John Weston Kimball, Sierra Financial, LLC, The Iipay Nation of Santa Ysabel, Globex Holdings, LLC, FactorTrust, Inc. and Blue Dart Ventures, LLC |
| Peter J. Grilli |
| 8:2020cv02454 |
| October 21, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 16, 2020. A more recent docket listing may be available from PACER.
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Filing 33
ENDORSED ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for April 2, 2021, at 10 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. 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 12/16/2020. (DMD)
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| Filing 32 NOTICE of mediation conference/hearing to be held on 4/2/2021 at 10:00 AM before Peter J. Grilli. (Morgan, Brandon) |
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Filing 31
ENDORSED ORDER: On the basis of the notice of settlement (Doc. #28), this cause is hereby dismissed as to Defendants John Weston Kimball and Globex Holdings, LLC, 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. Furthermore, the Court advises the parties that "good cause" exists to reopen an action when a settlement agreement has yet to be finalized because of various delays. But incomplete performance of an executed settlement agreement, such as the failure to disburse settlement funds, does not constitute good cause to reopen an action. This Court does not retain jurisdiction to ensure performance of a settlement agreement because such failure to perform should be addressed in a separate breach of contract action. The case remains open as to the claim against Defendant FactorTrust, Inc. Signed by Judge Virginia M. Hernandez Covington on 12/16/2020. (DMD)
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Filing 30
ENDORSED ORDER granting the unopposed motion to extend mediation deadline. (Doc. #29). The deadline to mediate in-person with Peter Grilli is now April 2, 2021. Notice of mediation due December 18, 2020. Signed by Judge Virginia M. Hernandez Covington on 12/16/2020. (DMD)
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| Filing 29 Unopposed MOTION for Miscellaneous Relief, specifically Extend Mediation Deadline and Schedule Mediation by Kimberly Fair. (Morgan, Brandon) |
| Filing 28 NOTICE of settlement as to John Weston Kimball and Globex Holdings, LLC by Kimberly Fair. (Morgan, Brandon) |
| Filing 27 NOTICE of change of address by Brandon David Morgan. (Morgan, Brandon) |
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Filing 26
ENDORSED ORDER granting Defendants John Weston Kimball and Globex Holdings, LLC's unopposed motion for extension of time to respond to the complaint. (Doc. #25). Response now due January 4, 2021. Signed by Judge Virginia M. Hernandez Covington on 12/1/2020. (DMD)
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| Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Globex Holdings, LLC, John Weston Kimball. (Isgro, Dominic) |
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Filing 24
ENDORSED ORDER: On the basis of the notice of settlement (Doc. #23), this cause is hereby dismissed as to Defendants Blue Dart Ventures, LLC, and Sierra Financial, LLC 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 the other Defendants. Signed by Judge Virginia M. Hernandez Covington on 12/1/2020. (DMD)
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| Filing 23 NOTICE of settlement as to Blue Dart Ventures, LLC, and Sierra Financial, LLC by Kimberly Fair (Morgan, Brandon) |
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Filing 22
ENDORSED ORDER: Pursuant to the notice of dismissal of Defendant Iipay Nation of Santa Ysabel without prejudice (Doc. #21), the claims against Defendant Iipay Nation of Santa Ysabel are dismissed without prejudice. The Clerk is directed to terminate the Iipay Nation of Santa Ysabel as a party to this action. Signed by Judge Virginia M. Hernandez Covington on 11/20/2020. (DMD)
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| Filing 21 NOTICE of voluntary dismissal by Kimberly Fair. (Morgan, Brandon) |
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Filing 20
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 1, 2021. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by December 16, 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 11/18/2020. (TWL)
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| Filing 19 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by FactorTrust, Inc. Related case(s): No. (Long, Charlotte) |
| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement by FactorTrust, Inc. identifying Corporate Parent Transunion, Corporate Parent TransUnion Intemediate Holdings, Inc. for FactorTrust, Inc. (Long, Charlotte) |
| Filing 17 ANSWER to #1 Complaint and Defenses by FactorTrust, Inc. (Long, Charlotte) |
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Filing 16
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the complaint. (Doc. #14). Defendants Blue Dart Ventures, LLC, Sierra Financial, LLC, and The Iipay Nation of Santa Ysabel's response is now due November 30, 2020. Signed by Judge Virginia M. Hernandez Covington on 11/16/2020. (DMD)
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| Filing 15 STATUS report Regarding Service of Process by Kimberly Fair. (Morgan, Brandon) |
| Filing 14 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Blue Dart Ventures, LLC, Sierra Financial, LLC, The Iipay Nation of Santa Ysabel. (Foster, Zachary) |
| Filing 13 RETURN of service executed on 11/11/2020 by Kimberly Fair as to John Weston Kimball. (Morgan, Brandon) |
| Filing 12 RETURN of service executed on 11/11/2020 by Kimberly Fair as to Globex Holdings, LLC. (Morgan, Brandon) |
| Filing 11 RETURN of service executed on 10/29/20 by Kimberly Fair as to The Iipay Nation of Santa Ysabel. (Morgan, Brandon) |
| Filing 10 RETURN of service executed on 10/29/20 by Kimberly Fair as to Sierra Financial, LLC. (Morgan, Brandon) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Kimberly Fair. (Morgan, Brandon) |
| Filing 8 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Kimberly Fair. Related case(s): no (Morgan, Brandon) |
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Filing 7
ENDORSED ORDER: Plaintiff is directed to file a status report on her efforts to perfect service of process on Defendants John Weston Kimball, Globex Holdings, LLC, The Iipay Nation of Santa Ysabel, and Sierra Financial, LLC by November 16, 2020. Signed by Judge Virginia M. Hernandez Covington on 11/9/2020. (DMD)
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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 10/29/2020. (TWL)
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| Filing 5 RETURN of service executed on 10/26/20 by Kimberly Fair as to Blue Dart Ventures, LLC. (Morgan, Brandon) |
| Filing 4 RETURN of service executed on 10/26/20 by Kimberly Fair as to FactorTrust, Inc. (Morgan, Brandon) |
| Filing 3 SUMMONS issued as to Blue Dart Ventures, LLC, FactorTrust, Inc., Globex Holdings, LLC, John Weston Kimball, Sierra Financial, LLC, The Iipay Nation of Santa Ysabel. (CRH) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:20-cv-2454-T-33JSS. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-17452929) filed by Kimberly Fair. (Attachments: #1 Exhibit A to J, #2 Civil Cover Sheet, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons)(Morgan, Brandon) |
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