Agostino v. First Credit Services, Inc.
| Joseph Agostino |
| First Credit Services, Inc. |
| Gregory P. Holder |
| 8:2021cv01765 |
| July 21, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Both |
Docket Report
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This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.
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Filing 8
ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #7), 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 8/6/2021. (DMD)
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| Filing 7 NOTICE of settlement by Joseph Agostino (Raslavich, Benjamin) |
| Filing 6 NOTICE of a related action per Local Rule 1.07(c) by Joseph Agostino. Related case(s): No (Raslavich, Benjamin) |
| Filing 5 CERTIFICATE of interested persons and corporate disclosure statement by Joseph Agostino. (Raslavich, Benjamin) |
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Filing 4
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 October 21, 2021. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by August 6, 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 7/23/2021. (TWL)
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Filing 3
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:21-cv-1765-VMC-TGW. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from County Court Hillsborough County, case number 2021SC068544 filed in State Court on 06/18/2021. Filing fee $ 402, receipt number AFLMDC-18500643 filed by First Credit Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 State Court Docket Sheet, #3 State Court COMPLAINT, #4 State Court Other Documents Summons, #5 State Court Other Documents Notice of Removal)(Golden, Dale) |
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