IOU Central, Inc. v. Straightline Commercial & Residential Coatings, Inc. et al
Plaintiff: IOU Central, Inc. doing business as IOU Financial, Inc.
Defendant: Funding Metrics, LLC, Straightline Commercial & Residential Coatings, Inc., Timothy A. Maloy and Patti D. Maloy
Case Number: 8:2021cv00943
Filed: April 26, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Mary S Scriven
Referring Judge: Julie S Sneed
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2021 Opinion or Order Filing 36 ENDORSED ORDER DENYING WITHOUT PREJUDICE #32 Plaintiff's Motion for Leave to File Second Amended Complaint, for Extension of Time and for Alternative Service. Plaintiff seeks leave to file a Second Amended Complaint to comply with this Court's font requirements and "possibly join additional claims" against Defendants. The Court will accept the current font on the existing pleadings. Future pleadings should be prepared in conformity with the Local Rules. Thus, Plaintiff need not amend its pleadings to change the font. To the extent Plaintiff seeks leave to amend to add new claims, it must "either set forth the substance of the proposed amendment or attach a copy of the proposed amendment." Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999). Plaintiff's motion does not comply with this requirement. Accordingly, the request for leave to amend is denied without prejudice. Plaintiff's requests for leave to serve the Second Amended Complaint by mail and for an extension of time to seek entry of Clerk's default are denied without prejudice to being renewed should Plaintiff seek leave to amend to add new claims. Signed by Judge Mary S. Scriven on 4/29/2021. (MWC)
April 27, 2021 Filing 35 NOTICE to counsel of Local Rule 3.02(a)(2), which 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. (Signed by Deputy Clerk). (CRB)
April 27, 2021 Filing 34 NOTICE of a related action [none] per Local Rule 1.07(c) by IOU Central, Inc.. Related case(s): No (Wersant, Paul)
April 27, 2021 Filing 33 CORPORATE Disclosure Statement by IOU Central, Inc. identifying Corporate Parent IOU CENTRAL INC - Canada for IOU Central, Inc... (Wersant, Paul)
April 27, 2021 Filing 32 Unopposed MOTION to Amend #1 Complaint, #26 Amended Complaint, , Unopposed MOTION for Extension of Time to File Motion for Entry of Default and Default Judgment , Unopposed MOTION for Miscellaneous Relief, specifically for Alternative Service by IOU Central, Inc.. (Attachments: #1 Exhibit 1: Note, #2 Exhibit 2: Guaranty)(Wersant, Paul)
April 26, 2021 Filing 31 TRANSFER IN from the Northern District of Georgia (Atlanta Division). Case assigned to District Judge Mary S. Scriven and Magistrate Judge Julie S. Sneed. New Case Number: 8:21-cv-943-MSS-JSS. (AG)
April 26, 2021 Filing 30 Case transferred in from District of Georgia Northern; Case Number 1:19-cv-04749. File received electronically
April 23, 2021 Opinion or Order Filing 29 ORDER granting #28 Plaintiff IOU Central, Inc.'s Motion to Transfer Case to the Middle District of Florida. The Clerk is DIRECTED to transfer this case to the Middle District of Florida, Tampa Division. Signed by Judge Steven D. Grimberg on 04/23/2021. (bdb) [Transferred from gand on 4/26/2021.]
April 23, 2021 Civil Case Terminated. (bdb) [Transferred from gand on 4/26/2021.]
April 23, 2021 Electronically transferred to the Middle District of Florida, Tampa Division re #29 Order on Motion to Transfer Case. (bdb) [Transferred from gand on 4/26/2021.]
April 8, 2021 Filing 28 Unopposed MOTION to Transfer Case to Middle District of Florida, Tampa Division with Brief In Support by IOU Central, Inc.. (Attachments: #1 Text of Proposed Order 1: Text of Proposed Order)(Wersant, Paul) [Transferred from gand on 4/26/2021.]
March 10, 2021 Opinion or Order Filing 27 ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI) [Transferred from gand on 4/26/2021.]
February 3, 2021 Submission of #23 Order on Motion for Default Judgment to District Judge Steven D. Grimberg. (jed) [Transferred from gand on 4/26/2021.]
February 2, 2021 Filing 26 AMENDED COMPLAINT against Funding Metrics, LLC, Patti D. Maloy, Timothy A. Maloy, Straightline Commercial & Residential Coatings, Inc. filed by IOU Central, Inc. (jed) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from gand on 4/26/2021.] Modified text on 4/26/2021 (AG).
February 2, 2021 Filing 25 ---FILED INCORRECTLY REFILED AT #26--- AMENDED COMPLAINT against Straightline Commercial & Residential Coatings, Inc., Timothy A. Maloy, Patti D. Maloy, and Funding Metrics, LLC filed by IOU Central, Inc..(Wersant, Paul) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 2/3/2021 to add red text(jed). [Transferred from gand on 4/26/2021.]
January 28, 2021 Opinion or Order Filing 24 TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (mmc) (ADI) [Transferred from gand on 4/26/2021.]
January 19, 2021 Opinion or Order Filing 23 ORDER denying without prejudice #11 IOU's Motion for Final Default Judgment. IOU is DIRECTED to amend its Complaint within 14 days of entry of this Order and to serve a copy of the amended pleading on each Defendant consistent with Fed. R. Civ. P. 5. If IOU fails to file an Amended Complaint in compliance with this Order and the Federal Rules of Civil Procedure, this matter will be dismissed with prejudice. The Clerk is INSTRUCTED to resubmit this Order to the undersigned in 14 days. Signed by Judge Steven D. Grimberg on 01/19/2021. (bdb) [Transferred from gand on 4/26/2021.]
December 9, 2020 Opinion or Order Filing 22 NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (mmc) (ADI) [Transferred from gand on 4/26/2021.]
September 29, 2020 Opinion or Order Filing 21 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (mmc) (ADI) [Transferred from gand on 4/26/2021.]
September 2, 2020 Opinion or Order Filing 20 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (mmc) (ADI) [Transferred from gand on 4/26/2021.]
August 4, 2020 Opinion or Order Filing 19 SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (aaq) (ADI) [Transferred from gand on 4/26/2021.]
July 13, 2020 Opinion or Order Filing 18 FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (aaq) (ADI) [Transferred from gand on 4/26/2021.]
July 2, 2020 Opinion or Order Filing 17 FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (rvb) (ADI) [Transferred from gand on 4/26/2021.]
May 27, 2020 Opinion or Order Filing 16 THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (dgs) (ADI) [Transferred from gand on 4/26/2021.]
May 5, 2020 Opinion or Order Filing 15 SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI) [Transferred from gand on 4/26/2021.]
May 4, 2020 Opinion or Order Filing 14 Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (jpa) (ADI) [Transferred from gand on 4/26/2021.]
April 7, 2020 Submission of #11 Unopposed MOTION for Default Judgment as to all Defendants to District Judge Steven D. Grimberg. (jed) [Transferred from gand on 4/26/2021.]
April 2, 2020 Opinion or Order Filing 13 Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (aaq) (ADI) [Transferred from gand on 4/26/2021.]
March 23, 2020 Opinion or Order Filing 12 General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (jed) [Transferred from gand on 4/26/2021.]
March 20, 2020 Filing 11 Unopposed MOTION for Default Judgment as to all Defendants with Brief In Support by IOU Central, Inc.. (Attachments: #1 Exhibit 1: Deed, #2 Exhibit 2: Note, #3 Exhibit 3: Guaranty, #4 Exhibit 4: Agreement, #5 Exhibit 5: UCC-1, #6 Exhibit 6: Invoice, #7 Exhibit 7: Verification, #8 Text of Proposed Order 8: Text of Proposed Order)(Wersant, Paul) [Transferred from gand on 4/26/2021.]
January 10, 2020 Clerks Entry of Default as to Funding Metrics, LLC. (jed) [Transferred from gand on 4/26/2021.]
January 9, 2020 Filing 10 Unopposed MOTION for Clerks Entry of Default against Defendant Funding Metrics with Brief In Support by IOU Central, Inc.. (Wersant, Paul) [Transferred from gand on 4/26/2021.]
January 9, 2020 Filing 9 Return of Service Executed by IOU Central, Inc.. Funding Metrics, LLC served on 10/25/2019, answer due 11/15/2019. (Wersant, Paul) [Transferred from gand on 4/26/2021.]
January 5, 2020 Filing 8 Certificate of Interested Persons and Corporate Disclosure Statement by IOU Central, Inc. identifying Corporate Parent IOU CENTRAL INC - Canada for IOU Central, Inc.. (Wersant, Paul) [Transferred from gand on 4/26/2021.]
November 21, 2019 Clerk's Entry of Default as to Patti D. Maloy, Timothy A. Maloy, and Straightline Commercial & Residential Coatings, Inc. (aaq) [Transferred from gand on 4/26/2021.]
November 18, 2019 Filing 7 Unopposed MOTION for Clerks Entry of Default against Defendants Straightline, Timothy Maloy and Patti Maloy with Brief In Support by IOU Central, Inc.. (Wersant, Paul) [Transferred from gand on 4/26/2021.]
November 18, 2019 Filing 6 Return of Service Executed by IOU Central, Inc.. Patti D. Maloy served on 10/25/2019, answer due 11/15/2019. (Wersant, Paul) [Transferred from gand on 4/26/2021.]
November 18, 2019 Filing 5 Return of Service Executed by IOU Central, Inc.. Timothy A. Maloy served on 10/25/2019, answer due 11/15/2019. (Wersant, Paul) [Transferred from gand on 4/26/2021.]
November 18, 2019 Filing 4 Return of Service Executed by IOU Central, Inc.. Straightline Commercial & Residential Coatings, Inc. served on 10/25/2019, answer due 11/15/2019. (Wersant, Paul) [Transferred from gand on 4/26/2021.]
October 24, 2019 Opinion or Order Filing 3 STANDING ORDER regarding civil litigation. All counsel of record and pro se parties are required to sign and file, within 10 days after entry of this Order, a Certificate of Compliance in a format consistent with the Certificate of Compliance attached as Exhibit B. Signed by Judge Steven D. Grimberg on 10/2/19. (jpa) [Transferred from gand on 4/26/2021.]
October 23, 2019 Filing 2 Electronic Summons Issued as to Funding Metrics, LLC, Patti D. Maloy, Timothy A. Maloy, Straightline Commercial & Residential Coatings, Inc.. (Attachments: #1 Summons as to Tim Maloy, #2 Summons as to Patti Maloy, #3 Summons as to Funding) (jed) [Transferred from gand on 4/26/2021.]
October 23, 2019 Filing 1 COMPLAINT filed by IOU Central, Inc. (Filing fee $400, receipt number AGANDC- 9025089) (Attachments: #1 Civil Cover Sheet) (jed) Please visit our website at http://www.gand.uscourts.gov/commonly-used- forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from gand on 4/26/2021.]

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Plaintiff: IOU Central, Inc. doing business as IOU Financial, Inc.
Represented By: Paul Gerard Wersant
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Defendant: Funding Metrics, LLC
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Defendant: Straightline Commercial & Residential Coatings, Inc.
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Defendant: Timothy A. Maloy
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Defendant: Patti D. Maloy
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