Pollara-Johnson v. IQ Data International, Inc. et al
| Elena Pollara-Johnson |
| Pacifica Forest Lakes LLC d/b/a Aventine at Forest Lakes, IQ Data International, Inc. and Pacifica Forest Lakes LLC doing business as Aventine at Forest Lakes |
| Peter J. Grilli |
| 8:2020cv02959 |
| December 11, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2021. A more recent docket listing may be available from PACER.
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Filing 15
ENDORSED ORDER: On the basis of the Notice of Settlement as to Defendant Pacifica Forest Lakes LLC (Doc. #14), this cause is hereby dismissed, 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 Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 1/12/2021. (DMD)
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| Filing 14 NOTICE of settlement as to Pacifica Forest Lakes LLC by Elena Pollara-Johnson (Dubbeld, Jon) |
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Filing 13
ENDORSED ORDER: On December 16, 2020, Plaintiff served Defendant Pacifica Forest Lakes LLC. (Doc. #6). Therefore, Pacifica Forest Lakes LLC's answer to the complaint was due on January 6, 2021. But no answer has been filed 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 15, 2021, 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 1/8/2021. (DMD)
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Filing 12
ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #11), this cause is hereby dismissed as to Defendant IQ Data International, 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 claim against Defendant Pacifica Forest Lakes LLC. Signed by Judge Virginia M. Hernandez Covington on 1/6/2021. (DMD)
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| Filing 11 NOTICE of settlement by IQ Data International, Inc. (Kahle, Douglas) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Elena Pollara-Johnson. (Dubbeld, Jon) |
| Filing 9 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Elena Pollara-Johnson. Related case(s): no (Dubbeld, Jon) |
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Filing 8
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 6, 2021. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by January 20, 2021. 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 12/21/2020. (TWL)
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| Filing 7 RETURN of service executed on 12.16.20 by Elena Pollara-Johnson as to IQ Data International, Inc. (Dubbeld, Jon) |
| Filing 6 RETURN of service executed on 12.16.20 by Elena Pollara-Johnson as to Pacifica Forest Lakes LLC. (Dubbeld, Jon) |
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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 12/16/2020. (TWL)
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 12/16/2020. (TWL)
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| Filing 3 SUMMONS issued as to IQ Data International, Inc., Pacifica Forest Lakes LLC. (CRH) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:20-cv-2959-T-33JSS. (SJB) |
| Filing 1 COMPLAINT against IQ Data International, Inc., Pacifica Forest Lakes LLC with Jury Demand (Filing Fee $402 receipt number 113A-17654478) filed by Elena Pollara-Johnson. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E)(Dubbeld, Jon) Modified on 12/14/2020 to edit text (CRH). |
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