Irving v. Equifax Information Services, LLC et al
| Jermia Irving |
| Equifax Information Services, LLC and Capital One Auto Finance |
| Gregory P. Holder |
| 8:2021cv01902 |
| August 10, 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 September 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 21 NOTICE of a related action per Local Rule 1.07(c) by Capital One Auto Finance. Related case(s): No (Cash, Rachel) |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement by Capital One Auto Finance identifying Corporate Parent Capital One Financial Corporation for Capital One Auto Finance. (Cash, Rachel) |
| Filing 19 ANSWER and affirmative defenses to #1 Complaint by Capital One Auto Finance.(Cash, Rachel) |
Filing 18
ENDORSED ORDER: The Court is aware that the parties have requested a December 15, 2021 mediation to be held with Gregory Holder via Zoom videoconference. (Doc. #15). However, given the availability of vaccinations, in-person mediations can be safely conducted with proper precautions in place, such as social distancing and the wearing of masks. The Court firmly believes that in-person mediations are more productive than video mediations, and finds in-person mediation appropriate absent truly exigent circumstances, such as serious health concerns. Thus, the request to mediate remotely is denied at this time. If the parties have such health concerns or issues, they may file supporting documentation in camera in a motion closer to the mediation date. If the Court then permits the mediation to be conducted remotely due to such health issues, the Court will reserve the right to order another round of in person mediation if the mediation is not successful. Signed by Judge Virginia M. Hernandez Covington on 9/17/2021. (KMH)
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Filing 17
ORDER appointing Gregory P. Holder, Esq. as mediator in this action. The mediation conference is scheduled for December 15, 2021. 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 9/17/2021. (KMH)
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Filing 16
ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #14), this cause is hereby dismissed as to Defendant Equifax Information Services, LLC, only, 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 case remains open as to the claim against Defendant Capital One Auto Finance. Signed by Judge Virginia M. Hernandez Covington on 9/17/2021. (KMH)
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| Filing 15 NOTICE OF SELECTION of Gregory P. Holder, Esq as mediator by Jermia Irving.(Zeig, Justin) |
| Filing 14 NOTICE of settlement as to Equifax Information Services, LLC by Jermia Irving. (Zeig, Justin) |
| Filing 13 RETURN of service executed on 8/16/2021 by Jermia Irving as to Capital One Auto Finance. (Zeig, Justin) |
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Filing 12
ENDORSED ORDER granting Defendant Capital One Auto Finance's Motion for Extension of Time to File Answer (Doc. #11). Defendant Capital One Auto Finance's answer is now due September 21, 2021. Signed by Judge Virginia M. Hernandez Covington on 9/8/2021. (KMH)
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| Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint by Capital One Auto Finance. (Cash, Rachel) |
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Filing 10
ENDORSED ORDER: Plaintiff has not entered return of service for Defendant Capital One Auto Finance. Defendant Equifax was served on August 13, 2021. Accordingly, Plaintiff is directed to file a status report by September 10, 2021 regarding her efforts to effect service of process upon Defendant Capital One Auto Finance. Signed by Judge Virginia M. Hernandez Covington on 9/3/2021. (KMH)
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Filing 9
ENDORSED ORDER granting Defendant Equifax's unopposed Motion to extend time to answer (Doc. #6). Defendant Equifax's answer is now due October 4, 2021. Signed by Judge Virginia M. Hernandez Covington on 9/3/2021. (KMH)
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| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Equifax Information Services, LLC. Related case(s): No (Joffe, Jason) |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by Equifax Information Services, LLC identifying Corporate Parent Equifax Inc. for Equifax Information Services, LLC. (Joffe, Jason) |
| Filing 6 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Equifax Information Services, LLC. (Joffe, Jason) |
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Filing 5
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 January 3, 2022. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by September 17, 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 8/23/2021. (TWL)
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| Filing 4 RETURN of service executed on 8/13/2021 by Jermia Irving as to Equifax Information Services, LLC. (Zeig, Justin) |
| Filing 3 SUMMONS issued as to Capital One Auto Finance, Equifax Information Services, LLC. (LNR) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:21-cv-1902-VMC-SPF. (LRB) |
| Filing 1 COMPLAINT against Capital One Auto Finance, Equifax Information Services, LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18569619) filed by Jermia Irving. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons cap one, #3 Proposed Summons equifax)(Zeig, Justin) |
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