Gonzales v. Receivables Performance Management, LLC
| Resty Gonzales |
| Receivables Performance Management, LLC |
| 8:2021cv02287 |
| September 28, 2021 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Anthony E Porcelli |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Both |
Docket Report
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This docket was last retrieved on October 20, 2022. A more recent docket listing may be available from PACER.
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Filing 14
NOTICE of Lead Counsel Designation by Charles James McHale, Jr. on behalf of Receivables Performance Management, LLC. Lead Counsel: Charles J. McHale, Esq. (McHale, Charles) Modified text on 11/4/2021 (JLD).
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Filing 13
ANSWER and affirmative defenses with Jury Demand to #10 Amended Complaint by Receivables Performance Management, LLC.(McHale, Charles)
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Filing 12
NOTICE of Lead Counsel Designation by Thomas John Patti, III on behalf of Resty Gonzales. Lead Counsel: Jibrael S. Hindi. (Patti, Thomas)
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Filing 11
NOTICE to Counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk) (JLD)
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Filing 10
AMENDED COMPLAINT against Receivables Performance Management, LLC with Jury Demand filed by Resty Gonzales. Related document: #7 Amended Complaint filed by Resty Gonzales. (Attachments: #1 Exhibit)(Patti, Thomas) Modified text on 10/21/2021 (JLD).
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Filing 9
CERTIFICATE of interested persons and corporate disclosure statement re #6 Case Management / FLSA / ADA / Social Security / Scheduling Order by Receivables Performance Management, LLC. (McHale, Charles)
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Filing 8
ENDORSED ORDER: Upon review, the Court finds #7 the Plaintiff's Amended Complaint constitutes an impermissible shotgun pleading, violating Federal Rules of Civil Procedure 8(a)(2) and 10(b). See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1320-23 (11th Cir. 2015). Specifically, in the second count, Plaintiff alleges multiple violations of the FDCPA, but does not break every claim for relief out into individual counts. See id. This type of pleading cannot give Defendant "adequate notice of the claims against [it] and the grounds upon which each claim rests." Weiland, 792 F.3d at 1323. Accordingly, the Court STRIKES #7 Plaintiff's complaint. Plaintiff must file an amended complaint complying with the Federal Rules of Civil Procedure by October 22, 2021, or this action will be immediately dismissed. Signed by Judge Kathryn Kimball Mizelle on 10/13/2021. (SMR)
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Filing 7
***STRICKEN per 8 Endorsed Order.*** AMENDED COMPLAINT against Receivables Performance Management, LLC with Jury Demand filed by Resty Gonzales. (Attachments: #1 Exhibit)(Patti, Thomas) Modified text on 10/13/2021 (JLD). Modified text on 10/14/2021 (JLD).
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Filing 6
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 11/2/2021. Joinder of Parties due by 11/2/2021. Discovery due by 1/10/2022. Dispositive motions due by 1/28/2022. Pretrial statement due by 4/26/2022. Plaintiff disclosure of expert report due by 11/22/2021. Defendant disclosure of expert report due by 12/17/2021. Pretrial Conference set for 5/3/2022 at 09:00 AM in Tampa Courtroom 13 B before Judge Kathryn Kimball Mizelle. Jury Trial set for June 2022 in Tampa Courtroom 13 B before Judge Kathryn Kimball Mizelle. Conduct mediation hearing by 1/18/2022. Lead counsel to coordinate dates. Signed by Judge Kathryn Kimball Mizelle on 10/12/2021. (SMR)
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Filing 5
ANSWER and affirmative defenses to Complaint with Jury Demand by Receivables Performance Management, LLC.(McHale, Charles)
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Filing 4
NOTICE of a related action per Local Rule 1.07(c) by Resty Gonzales. Related case(s): Yes (Patti, Thomas)
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Filing 3
CERTIFICATE of interested persons and corporate disclosure statement by Resty Gonzales. (Patti, Thomas)
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Filing 2
NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-2287-KKM-AEP. (SJB)
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from County Court in and for Polk County, case number 2021-CC-004054000000 filed in State Court on 08/23/2021. Filing fee $ 402, receipt number AFLMDC-18754824 filed by Receivables Performance Management, LLC. (Attachments: #1 State Court Docket Sheet, #2 State Court Other Documents, #3 Civil Cover Sheet, #4 State Court COMPLAINT, #5 State Court Notice of Removal)(Golden, Dale) Modified on 9/28/2021 to edit text (CRK).
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| Plaintiff: Resty Gonzales | |
| Represented By: | Jibrael S. Hindi |
| Represented By: | Thomas John Patti, III |
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| Defendant: Receivables Performance Management, LLC | |
| Represented By: | Charles James McHale, Jr. |
| Represented By: | Dale Thomas Golden |
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