Moya et al v. Midland Credit Management, Inc.
Plaintiff: David Moya and Ruth Moya
Defendant: Midland Credit Management, Inc.
Case Number: 8:2021cv00589
Filed: March 15, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Charlene Edwards Honeywell
Referring Judge: Thomas G Wilson
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1692
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2021 Opinion or Order Filing 51 ORDER granting #50 Motion for Extension of Time until May 17, 2021, to File Case Management Report. Signed by Magistrate Judge Thomas G. Wilson on 5/11/2021. (Wilson, Thomas)
May 10, 2021 Filing 50 Second Unopposed MOTION for Extension of Time to File Case Management Report by David Moya, Ruth Moya. (Leavengood, Ian) Motions referred to Magistrate Judge Thomas G. Wilson. Modified text on 5/11/2021 (MCB).
April 27, 2021 Opinion or Order Filing 49 ORDER granting #48 Motion for Extension of Time until May 10, 2021, to File case management report. Signed by Magistrate Judge Thomas G. Wilson on 4/27/2021. (Wilson, Thomas)
April 26, 2021 Filing 48 Unopposed MOTION for Extension of Time to File Case Management Report by David Moya, Ruth Moya. (Leavengood, Ian) Motions referred to Magistrate Judge Thomas G. Wilson.
April 14, 2021 Opinion or Order Filing 47 ORDER granting #46 Motion to Withdraw as Attorney. Attorney Aaron M. Swift terminated. Signed by Magistrate Judge Thomas G. Wilson on 4/14/2021. (Wilson, Thomas)
April 13, 2021 Filing 46 Unopposed MOTION for Aaron M. Swift to Withdraw as Attorney by David Moya, Ruth Moya. (Swift, Aaron) Motions referred to Magistrate Judge Thomas G. Wilson.
April 5, 2021 Filing 45 CERTIFICATE of interested persons and corporate disclosure statement re 38 Notice to Counsel of Local Rule by David Moya, Ruth Moya. (Leavengood, Ian) Modified text on 4/5/2021 (MCB).
April 5, 2021 Filing 44 NOTICE of a related action per Local Rule 1.07(c) by David Moya, Ruth Moya. Related case(s): Yes (Leavengood, Ian) Modified text on 4/5/2021 (MCB).
March 24, 2021 Filing 43 CORPORATE Disclosure Statement by Midland Credit Management, Inc. identifying Corporate Parent Encore Capital Corp., Inc. for Midland Credit Management, Inc. (Springfield, Robert) Modified text on 3/25/2021 (MCB).
March 24, 2021 Filing 42 NOTICE of a related action per Local Rule 1.07(c) by Midland Credit Management, Inc. Related case(s): Yes (Springfield, Robert) Modified text on 3/25/2021 (MCB).
March 24, 2021 Opinion or Order Filing 41 ORDER granting #40 Motion to Withdraw as Attorney. Attorney Gordon Tyler Bannon terminated. Signed by Magistrate Judge Thomas G. Wilson on 3/24/2021. (Wilson, Thomas)
March 22, 2021 Filing 40 Unopposed MOTION for Gordon Tyler Bannon to Withdraw as Attorney For Plaintiffs by All Plaintiffs. (Bannon, Gordon) Motions referred to Magistrate Judge Thomas G. Wilson.
March 16, 2021 Filing 39 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (BGS)
March 16, 2021 Filing 38 NOTICE to Counsel of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (BGS)
March 15, 2021 Opinion or Order Filing 37 STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS)
March 15, 2021 Filing 36 TRANSFER IN from the Southern District of California. Case assigned to District Judge Charlene Edwards Honeywell and Magistrate Judge Thomas G. Wilson. New Case Number: 8:21-cv-589-CEH-TGW. (AG)
March 15, 2021 Filing 35 Case transferred in from District of California Southern; Case Number 3:14-cv-02467. File received electronically
March 11, 2021 Filing 34 Case transferred to District of Middle District of Florida. Files transferred electronically. The parties in this case failed to stipulate or designate the contents of the remanded record as directed in the order dated 1/21/2021 (see Docket No. #33). Pursuant to United States Judicial Panel on Multidistrict Litigation Rule 10.4(b), the record of this case is being transferred to the Middle District of Florida as to 8:14-cv-00845 per the Conditional Remand Order of MDL 2286 (ECF 1085) dated 12/15/2020 (see Doc. No. #31).(no document attached) (jdt) [Transferred from casd on 3/15/2021.]
January 21, 2021 Opinion or Order Filing 33 ORDER Setting Deadline to Comply With JPML Rule 10.4(a) and Order Closing the Case. The Court order that the parties subject to the Panel's remand orders furnish the Clerk for the Southern District of California with a stipulation or designation of the contents of the record to be remanded on or before 2/12/2021. Signed by Judge Michael M. Anello on 1/20/2021.Associated Cases: 3:11-md-02286-MMA-MDD et al. (All non-registered users served via U.S. Mail Service) CC: MDL Panel (jdt) [Transferred from casd on 3/15/2021.]
January 6, 2021 Filing 32 NOTICE of MDL Filing: Order Lifting Stay of Conditional Remand Order and Vacating the January 28, 2021 Hearing Session Order. (MDL 2286, ECF 1093.) Associated Cases: 3:11-md-02286-MMA-MDD et al. CC: MDL Panel (All non-registered users served via U.S. Mail Service) (jdt) [Transferred from casd on 3/15/2021.]
December 15, 2020 Filing 31 NOTICE of MDL Filing: Conditional Remand Order MDL 2286 (ECF 1085). Associated Cases: 3:11-md-02286-MMA-MDD et al. CC: MDL Panel(All non-registered users served via U.S. Mail Service) (Duplicate filing of ECF No. 834 in 11md2286 to spread Conditional Remand Order to all associated cases.)(jdt) [Transferred from casd on 3/15/2021.]
May 9, 2017 Opinion or Order Filing 30 ORDER Granting Defendant's #29 Unopposed Motion to Dismiss Plaintiff Ruth Moya's Telephone Consumer Protection Act Claims with Prejudice. Signed by Judge Michael M. Anello on 5/9/2017. (ag) [Transferred from casd on 3/15/2021.]
March 24, 2017 Filing 29 MOTION to Dismiss with Prejudice Plaintiffs' Claims that were Released by Class Settlement by Midland Credit Management, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A, #3 Exhibit B, #4 Proof of Service)(Gallegos, Amy)Attorney Amy M. Gallegos added to party Midland Credit Management, Inc (pty:dft) (ag). [Transferred from casd on 3/15/2021.]
March 23, 2017 Opinion or Order Filing 28 ORDER Re: Submission of Applications for Appointment of New Lead and Liaison Counsel. Signed by Judge Michael M. Anello on 3/22/2017.Associated Cases: 3:11-md-02286-MMA-MDD et al.(All non-registered users served via U.S. Mail Service)(ag) [Transferred from casd on 3/15/2021.]
January 20, 2017 Filing 27 STATUS REPORT by David Moya, Ruth Moya. (Swift, Aaron) (ag). [Transferred from casd on 3/15/2021.]
December 22, 2016 Opinion or Order Filing 26 ORDER DIRECTING PLAINTIFFS IN CERTAIN INDIVIDUAL MEMBER CASES TO FILE STATUS REPORTS IDENTIFYING UNRELEASED CLAIMS OR PARTIES. It is order that plaintiffs in the individual member cases listed in Exhibit 1 who intend to pursue some or all of their pending claims must file a Status Report in response to this Order. Failure to comply with this Order, including the filing of the required Status Report, will result in the issuance by the Court of an Order to Show Cause why Plaintiff's individual member case should not be dismissed in its entirety. Within three (3) business days of date this Order is filed, Liaison Counsel shall serve a copy of this Order on any plaintiffs who, as reflected on the master docket, are not currently receiving the Court's ECF notifications. Plaintiffs in any cases transferred to the MDL after the date this Order is filed, are not bound by the terms and conditions set forth in this Order. Signed by Judge Michael M. Anello on 12/22/2016. (Attachments: #1 Exhibit 1)(dxj) [Transferred from casd on 3/15/2021.]
November 30, 2016 Opinion or Order Filing 25 ORDER Vacating and Resetting Status Hearing. The Court vacates and resets the Status Hearing for 12/7/2016 at 4:00 PM before Judge Michael M. Anello. Signed by Judge Michael M. Anello on 11/30/2016.Associated Cases: 3:11-md-02286-MMA-MDD et al.(All non-registered users served via U.S. Mail Service)(ag) [Transferred from casd on 3/15/2021.]
October 26, 2016 Opinion or Order Filing 24 ORDER VACATING AND RESETTING STATUS HEARING. Status Hearing set for 11/18/2016 at 9:00 AM is hereby vacated and reset for 12/5/2016 at 3:00 PM before Judge Michael M. Anello. Signed by Judge Michael M. Anello on 10/26/2016.(All non-registered users served via U.S. Mail Service)(fth) Modified on 10/26/2016 (amk). [Transferred from casd on 3/15/2021.]
October 17, 2016 Filing 23 Mail Returned as Undeliverable re (410 in 3:11-md-02286-MMA-MDD) Transcript. Mail sent to Adeline Vales. Associated Cases: 3:11-md-02286-MMA-MDD et al.(fth) [Transferred from casd on 3/15/2021.]
September 14, 2016 Final Approval Hearing and Motion Hearing is reset to Friday, September 30, 2016 at 3:00 p.m. in Courtroom 3A. (no document attached) (pdc) [Transferred from casd on 3/15/2021.]
August 16, 2016 Opinion or Order Filing 22 ORDER Vacating and Resetting Final Approval Hearing. Final Approval Hearing set for 9/19/2016 at 3:00 PM before Judge Michael M. Anello. Signed by Judge Michael M. Anello on 8/16/2016.Associated Cases: 3:11-md-02286-MMA-MDD et al.(fth) [Transferred from casd on 3/15/2021.]
August 8, 2016 Filing 21 NOTICE OF WITHDRAWAL OF DOCUMENT by Eric B. Neumann re (336 in 3:11-md-02286-MMA-MDD) Objection. (fth) [Transferred from casd on 3/15/2021.]
January 29, 2015 Filing 20 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Status Conference re Settlement held on 1/29/2015. (Plaintiff Attorney Douglas Campion, Francis Greene). (Defendant Attorney William Boggs, Edward Totino). Associated Cases: 3:11-md-02286-MMA-MDD et al.(no document attached) (cap) [Transferred from casd on 3/15/2021.]
January 15, 2015 Filing 19 NOTICE of Teleconference Information Sheet, re (182 in 3:11-md-02286-MMA-MDD, 182 in 3:11-md-02286-MMA-MDD, 182 in 3:11-md-02286-MMA-MDD) ORDER Setting a Telephonic Status Conference for January 29, 2015. Associated Cases: 3:11-md-02286-MMA-MDD et al.(cap) [Transferred from casd on 3/15/2021.]
December 22, 2014 Filing 18 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Settlement Disposition Conference held on 12/22/2014. (Douglas Campion, Francis Greene, James Latturner, David Schafer for Plaintiffs). (Edward Totino for Defendants). Order to follow. Associated Cases: 3:11-md-02286-MMA-MDD et al.(no document attached) (cap) [Transferred from casd on 3/15/2021.]
December 1, 2014 Filing 17 NOTICE of Teleconference Information Sheet, re (15 in 3:14-cv-02767-MMA-MDD, 15 in 3:14-cv-02767-MMA-MDD) Order Amending Case Management Order and Setting Telephonic Status Conference. Associated Cases: 3:11-md-02286-MMA-MDD et al.(cap) [Transferred from casd on 3/15/2021.]
December 1, 2014 Opinion or Order Filing 16 ORDER Amending Case Management Order and Setting Telephonic Status Conference. A telephonic status conference will be held on 12/22/2014 at 10:00 a.m. before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 11/25/14. Associated Cases: 3:11-md-02286-MMA-MDD et al. (cap) [Transferred from casd on 3/15/2021.]
October 17, 2014 Filing 15 Judge Michael M. Anello and Magistrate Judge Mitchell D. Dembin assigned to transfer case from Middle District of Florida. (no document attached) (kas) [Transferred from casd on 3/15/2021.]
October 17, 2014 Filing 14 Case transferred in from District of Florida Middle; Case Number 8:14-cv-00845. Original file received electronically (kas) [Transferred from casd on 3/15/2021.]
October 17, 2014 Filing 13 MULTIDISTRICT LITIGATION panel order transferring case to: Southern District of California ; MDL case number: 2286 (BES) [Transferred from Florida Middle on 10/17/2014.] [Transferred from casd on 3/15/2021.]
June 25, 2014 Opinion or Order Filing 12 ENDORSED ORDER granting #11 Unopposed Motion to extend time to Meet and Confer and to File Joint Case Management Report. Extension granted until after the issue of whether this case will be transferred to the MDL is resolved. Signed by Judge James S. Moody, Jr on 6/25/2014. (LN) [Transferred from Florida Middle on 10/17/2014.] [Transferred from casd on 3/15/2021.]
June 24, 2014 Filing 11 Unopposed MOTION to extend time to Meet and Confer and to File Joint Case Management Report by Midland Credit Management, Inc.. (Bridges, Gennifer) [Transferred from Florida Middle on 10/17/2014.] [Transferred from casd on 3/15/2021.]
June 19, 2014 Filing 10 ANSWER and affirmative defenses to #1 Complaint by Midland Credit Management, Inc..(Bridges, Gennifer) [Transferred from Florida Middle on 10/17/2014.] [Transferred from casd on 3/15/2021.]
June 5, 2014 Opinion or Order Filing 9 ENDORSED ORDER: Midland Credit Management, Inc.'s Second Unopposed Motion for Extension of Time to Respond to Complaint is granted. Response is due 6/19/2014. Signed by Judge James S. Moody, Jr. on 6/5/2014. (AR) [Transferred from Florida Middle on 10/17/2014.] [Transferred from casd on 3/15/2021.]
June 4, 2014 Filing 8 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (Second) by Midland Credit Management, Inc.. (Bridges, Gennifer) [Transferred from Florida Middle on 10/17/2014.] [Transferred from casd on 3/15/2021.]
May 23, 2014 Filing 7 NOTICE by David Moya, Ruth Moya Notice of Serving Related Case Order (Attachments: #1 Related Case Order and Track Two Notice)(Swift, Aaron) [Transferred from Florida Middle on 10/17/2014.] [Transferred from casd on 3/15/2021.]
May 21, 2014 Opinion or Order Filing 6 ENDORSED ORDER granting #5 Motion for Extension of Time to Answer or respond. Midland Credit Management, Inc.'s answer or response due 6/5/2014. Signed by Judge James S. Moody, Jr on 5/21/2014. (LN) [Transferred from Florida Middle on 10/17/2014.] [Transferred from casd on 3/15/2021.]
May 21, 2014 Filing 5 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Midland Credit Management, Inc.. (Bridges, Gennifer) [Transferred from Florida Middle on 10/17/2014.] [Transferred from casd on 3/15/2021.]
April 18, 2014 Filing 4 NOTICE of pendency of related cases per Local Rule 1.04(d) by David Moya, Ruth Moya. Related case(s): No (Swift, Aaron) [Transferred from Florida Middle on 10/17/2014.] [Transferred from casd on 3/15/2021.]
April 15, 2014 Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2.Issued by Deputy Clerk on 4/15/2014. (AR) [Transferred from Florida Middle on 10/17/2014.] [Transferred from casd on 3/15/2021.]
April 10, 2014 Filing 2 SUMMONS issued as to Midland Credit Management, Inc. (DMS) [Transferred from Florida Middle on 10/17/2014.] [Transferred from casd on 3/15/2021.]
April 10, 2014 Filing 1 COMPLAINT against Midland Credit Management, Inc., with Jury Demand (Filing fee $400 receipt number TPA22848) filed by David Moya, Ruth Moya. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A) (DMS) [Transferred from Florida Middle on 10/17/2014.] [Transferred from casd on 3/15/2021.]

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Defendant: Midland Credit Management, Inc.
Represented By: Gennifer Lynn Bridges
Represented By: Amy M. Gallegos
Represented By: Robert Franklin Springfield
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Plaintiff: David Moya
Represented By: Gordon Tyler Bannon
Represented By: Ian Richard Leavengood
Represented By: Aaron M. Swift
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Plaintiff: Ruth Moya
Represented By: Gordon Tyler Bannon
Represented By: Ian Richard Leavengood
Represented By: Aaron M. Swift
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