Bertoncini v. TD Bank N.A. et al
| David Bertoncini |
| TD Bank N.A., Equifax Information Services LLC, Experian Information Solutions Inc., TransUnion LLC and Equifax Information Services, LLC |
| Gregory P. Holder |
| 8:2021cv00198 |
| January 26, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 26, 2021. A more recent docket listing may be available from PACER.
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Filing 27
ENDORSED ORDER denying #26 Motion for Extension of Time to File Response / Reply. TD was served on February 5, 2021, in this routine lawsuit. The answer was due on February 26. Explaining that the parties were trying to resolve the matter and in an effort to save costs, TD asked for a one month extension of time, which the Court granted. The answer is due on March 29. Now claiming that they are still trying to resolve the matter, TD has asked for another extension to file its answer by April 12. This is a fast track case; furthermore, this is a simple case. The parties are free and encouraged to try to resolve their disputes, but multiple extensions of time do not serve that purpose. Furthermore, if TD files a motion to dismiss, the Court will find itself having to rule on a truncated timeline in order to resolve the matter before the date of mediation. While the Court is willing to grant reasonable extensions, this second request does not serve the interests of justice. The request is denied. Signed by Judge Virginia M. Hernandez Covington on 3/26/2021. (Covington, Virginia)
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| Filing 26 Second MOTION for Extension of Time to File Response/Reply as to #1 Complaint by TD Bank N.A. (Burns, Danielle) |
| Filing 25 ANSWER and affirmative defenses to #1 Complaint by TransUnion LLC.(Long, Charlotte) |
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Filing 24
ENDORSED ORDER: The Court is aware that the parties have requested that the June 25, 2021, mediation be held via videoconference. (Doc. #22). However, the Court has not yet permitted parties to mediate by videoconference at that time. Therefore, the parties must plan to mediate in person. In May 2021, the parties may resubmit their request for a videoconference mediation if circumstances warrant. Signed by Judge Virginia M. Hernandez Covington on 3/15/2021. (LEA)
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Filing 23
ORDER appointing Gregory P. Holder, Esq. as mediator in this action. The mediation conference is scheduled June 25, 2021 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. The Court does not allow mediation by telephone or video conference. Personal attendance is required. Signed by Judge Virginia M. Hernandez Covington on 3/15/2021. (LEA)
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| Filing 22 NOTICE of mediation conference/hearing to be held on June 25, 2021 at 9:30 am before Gregory P. Holder. (Goodall, Rebbecca) |
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Filing 21
SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Gregory P. Holder, Esq., for mediation. The parties must mediate no later than June 28, 2021. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by March 12, 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 3/5/2021. (TWL)
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Filing 20
ENDORSED ORDER granting Defendant TD Bank N.A.'s unopposed motion for extension of time to answer or otherwise respond to plaintiff's complaint. (Doc. #18). Defendant TD Bank's responsive pleading is due March 29, 2021. Signed by Judge Virginia M. Hernandez Covington on 3/1/2021. (LEA)
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Filing 19
ENDORSED ORDER granting Defendant TransUnion, LLC's unopposed motion for extension of time to answer or otherwise respond to plaintiff's complaint. (Doc. #15). Defendant TransUnion's responsive pleading is due March 19, 2021. Signed by Judge Virginia M. Hernandez Covington on 3/1/2021. (LEA)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by TD Bank N.A. (Burns, Danielle) |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement by TransUnion LLC identifying Corporate Parent TransUnion Intemediate Holdings, Inc. for TransUnion LLC. (Long, Charlotte) |
| Filing 16 NOTICE of a related action per Local Rule 1.07(c) by TransUnion LLC. Related case(s): No (Long, Charlotte) |
| Filing 15 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by TransUnion LLC. (Long, Charlotte) |
| Filing 14 STATUS report for completion of service on Defendants by David Bertoncini. (Goodall, Rebbecca) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by David Bertoncini. (Goodall, Rebbecca) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by David Bertoncini. Related case(s): No (Goodall, Rebbecca) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Experian Information Solutions Inc. identifying Corporate Parent Experian plc, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC, Other Affiliate Opt-Out Services LLC for Experian Information Solutions Inc. (Ruiz, Maria) |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Experian Information Solutions Inc. Related case(s): Yes (Ruiz, Maria) |
| Filing 9 ANSWER and affirmative defenses to #1 Complaint by Experian Information Solutions Inc.(Ruiz, Maria) |
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Filing 8
ENDORSED ORDER: By March 4, 2021, Plaintiff David Bertoncini is directed to file a status report on his efforts to serve Defendants TD Bank N.A., Experian Information Solutions Inc., and TransUnion, LLC. Signed by Judge Virginia M. Hernandez Covington on 2/25/2021. (LEA)
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Filing 7
ENDORSED ORDER granting Defendant Equifax Information Services, LLC's unopposed motion for extension of time to answer or otherwise respond to plaintiff's complaint. (Doc. #4). Defendant Equifax's responsive pleading is due March 29, 2021. Signed by Judge Virginia M. Hernandez Covington on 2/24/2021. (LEA)
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| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Equifax Information Services, LLC identifying Corporate Parent Equifax Inc. for Equifax Information Services, LLC. (Esposito, Tonya) |
| Filing 5 NOTICE of a related action per Local Rule 1.07(c) by Equifax Information Services, LLC. Related case(s): No (Esposito, Tonya) |
| Filing 4 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Equifax Information Services, LLC. (Esposito, Tonya) |
| Filing 3 SUMMONS issued as to Equifax Information Services LLC, Experian Information Solutions Inc., TD Bank N.A., TransUnion LLC. (JLD) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:21-cv-0198-T-33SPF. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 402 receipt number 113A-17813513) filed by David Bertoncini. (Attachments: #1 Exhibit A- Stipulation, #2 Exhibit B-FCRA Dispute, #3 Exhibit C- Experian Response, #4 Civil Cover Sheet, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons)(Goodall, Rebbecca) |
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