Klein v. Financial Business and Consumer Solutions, Inc. et al
| Stephanie Klein |
| Financial Business and Consumer Solutions, Inc., Jefferson Capital Systems, LLC and Financial Business and Consumer Solutions, Inc. doing business as FBCS |
| 8:2021cv01638 |
| July 8, 2021 |
| US District Court for the Middle District of Florida |
| Kathryn K Mizelle |
| Kathryn Kimball Mizelle |
| Anthony E Porcelli |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 3, 2021. A more recent docket listing may be available from PACER.
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| Filing 14 NOTICE of mediation conference to be held on November 4, 2021 at 9:00 a.m. before James Betts, Esq. (Diamond, Kaelyn) Modified text on 9/3/2021 (JLD). |
| Filing 13 SECOND AMENDED COMPLAINT against Financial Business and Consumer Solutions, Inc., Jefferson Capital Systems, LLC with Jury Demand filed by Stephanie Klein. (Attachments: #1 Exhibit A, #2 Exhibit B)(Diamond, Kaelyn) Modified text on 8/27/2021 (JLD). |
Filing 12
ENDORSED ORDER: Upon review, the Court finds this complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1320-23 (11th Cir. 2015). Specifically, Plaintiff alleges multiple violations of the FDCPA, but does not break every claim for relief out into individual counts. See id. Most egregiously, Plaintiff alleges that Defendant's violations "include, but are not limited to" and names a few, but apparently not all, of the provisions of the FDCPA by which she intends to pursue claims against the Defendant. This type of pleading cannot possibly give Defendant "adequate notice of the claims against [it] and the grounds upon which each claim rests." See id. Accordingly, the Court STRIKES Plaintiff's complaint. Plaintiff must file an amended complaint complying with the Federal Rules of Civil Procedure by August 27, 2021, or this action will be dismissed. Signed by Judge Kathryn Kimball Mizelle on 8/16/2021. (NPC)
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Filing 11
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 11/5/2021. Dispositive motions due by 12/3/2021. Final Pretrial Conference set for 6/2/2022 at 09:00 AM in Tampa Courtroom 13 B before Judge Kathryn Kimball Mizelle. Jury Trial set for July 2022 in Tampa Courtroom 13 B before Judge Kathryn Kimball Mizelle. Schedule mediation by September 3, 2021. Signed by Judge Kathryn Kimball Mizelle on 8/13/2021. (NPC)
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| Filing 10 RETURN of service executed on June 11, 2021 by Stephanie Klein as to Financial Business and Consumer Solutions, Inc. (Diamond, Kaelyn) Modified text on 7/22/2021 (JLD). |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Stephanie Klein. (Diamond, Kaelyn) |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Stephanie Klein. Related case(s): Yes (Diamond, Kaelyn) |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by Financial Business and Consumer Solutions, Inc. (Smith, Ruel) Modified text on 7/16/2021 (MCB). |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Jefferson Capital Systems, LLC identifying Corporate Parent CL Holdings, LLC for Jefferson Capital Systems, LLC. (Smith, Ruel) |
| Filing 5 NOTICE of a related action per Local Rule 1.07(c) by Financial Business and Consumer Solutions, Inc., Jefferson Capital Systems, LLC. Related case(s): Yes (Smith, Ruel) |
| Filing 4 ANSWER and affirmative defenses to Complaint by Financial Business and Consumer Solutions, Inc., Jefferson Capital Systems, LLC.(Smith, Ruel) |
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Filing 3
CIVIL CASE ORDER. Counsel and any unrepresented party shall meet for the purpose of preparing and filing a Case Management Report within forty days after the docketing of a removed action. Signed by Judge Kathryn Kimball Mizelle on 7/12/2021. (DMP)
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| Filing 2 NEW CASE ASSIGNED to Judge Kathryn K. Mizelle and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-1638-KKM-AEP. (SJB) |
| Filing 1 ***STRICKEN per 12 Endorsed Order.*** COMPLAINT and NOTICE OF REMOVAL from Pinellas County Court, case number 20-008943-SC filed in State Court on 12/02/20. Filing fee $ 402, receipt number AFLMDC-18450617 filed by Jefferson Capital Systems, LLC, Financial Business and Consumer Solutions, Inc.. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Smith, Ruel) Modified text on 8/16/2021 (JLD). |
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