Tidwell v. Hunter Warfield, Inc.
| Cameron Tidwell |
| Hunter Warfield, Inc. |
| Gregory P. Holder |
| 8:2021cv02643 |
| November 9, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Both |
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This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.
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Filing 20
ENDORSED ORDER granting the unopposed motion to stay the case pending the en banc decision in Hunstein. (Doc. #19). This case is stayed until the Eleventh Circuit issues its en banc opinion in the Hunstein case. The parties are directed to file a status report every 120 days and to immediately notify the Court once the Eleventh Circuit issues its opinion. The Clerk is directed to stay and administratively close this case. Signed by Judge Virginia M. Hernandez Covington on 12/14/2021. (DMD)
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| Filing 19 Unopposed MOTION to Stay the Case by Hunter Warfield, Inc. (McHale, Charles) |
| Filing 18 NOTICE of Lead Counsel Designation by Charles James McHale, Jr. on behalf of Hunter Warfield, Inc. Lead Counsel: Charles J. McHale, Jr. (McHale, Charles) |
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Filing 17
ORDER appointing Gregory Holder as mediator in this action. The mediation conference is scheduled for February 11, 2022, at 1:30 PM. 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 12/10/2021. (DMD)
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| Filing 16 NOTICE by Cameron Tidwell re #14 Notice of mediation conference/hearing. (Patti, Thomas) |
| Filing 15 NOTICE of mediation conference/hearing to be held on 02/11/2022 at 1:30 PM before Gregory P. Holder. (Patti, Thomas) |
| Filing 14 NOTICE of mediation conference/hearing to be held on 01/19/2022 at 1:30 pm before Gregory P. Holder. (Patti, Thomas) |
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Filing 13
ENDORSED ORDER: In the scheduling order (Doc. #8), the Court set the deadline for Plaintiff to file his answers to the Court's interrogatories as January 19, 2022, and the deadline for Defendant to file its answers to the Court's interrogatories as February 3, 2022. The Court explained that "the parties are not permitted to mediate until the information exchange outlined in this Order, including answers to interrogatories, has been completed." (Id. at 5). Despite this warning, the parties have filed a notice of mediation purporting to schedule mediation for January 3, 2022--weeks before the answers to the Court's interrogatories are due. (Doc. #12). Accordingly, the Court rejects the parties' notice of mediation. The parties are directed to file an amended notice of mediation that complies with the scheduling order by December 10, 2021. Furthermore, the Court firmly believes that in-person mediations are more productive than video mediations. Given the availability of vaccination, in-person mediations can be safely conducted at this time with proper precautions in place, such as social distancing and the wearing of masks. Therefore, the Court expects the parties to schedule an in-person mediation in their amended notice of mediation. Signed by Judge Virginia M. Hernandez Covington on 12/6/2021. (DMD)
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| Filing 12 NOTICE of mediation conference/hearing to be held on 01-03-2022 before Gregory P. Holder.(Patti, Thomas) |
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Filing 11
ENDORSED ORDER: Pursuant to the scheduling order (Doc. #8), the notice of mediation was due on November 29, 2021. That date has passed but no notice of mediation has been filed. Accordingly, Plaintiff is directed to file the notice of mediation by December 6, 2021. Signed by Judge Virginia M. Hernandez Covington on 12/2/2021. (DMD)
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Filing 10
ENDORSED ORDER: The parties have now filed a Case Management Report. (Doc. #9). However, on November 22, 2021, the Court entered its fast-track Scheduling Order for this case, which specifies that "the provisions of Rule 26(a)(1) concerning the initial disclosures and filing of a Case Management Report are hereby waived in this case" and sets a different schedule for the case. (Doc. #8). Accordingly, the Clerk is directed to strike the Case Management Report. (Doc. #9). Signed by Judge Virginia M. Hernandez Covington on 11/29/2021. (DMD)
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| Filing 9 ***STRICKEN; pursuant to court's endorsed order 10.***CASE MANAGEMENT REPORT. (Patti, Thomas) Modified text on 11/30/2021 (LNR). |
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Filing 8
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 February 14, 2022. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by November 29, 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 11/22/2021. (TWL)
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| Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Cameron Tidwell. Related case(s): Yes (Patti, Thomas) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Cameron Tidwell. (Patti, Thomas) |
| Filing 5 NOTICE to all 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). (JNB) |
| Filing 4 ANSWER and affirmative defenses to Complaint with Jury Demand by Hunter Warfield, Inc.(McHale, Charles) |
| Filing 3 CORPORATE Disclosure Statement by Hunter Warfield, Inc. identifying Corporate Parent HWI Holding, Inc. for Hunter Warfield, Inc. (McHale, Charles) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:21-cv-2643-VMC-JSS. (MLJ) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from County Court Hillsborough County, case number 21-CC-103297 filed in State Court on 10/11/2021. Filing fee $ 402, receipt number AFLMDC-18910898 filed by Hunter Warfield, Inc.. (Attachments: #1 Civil Cover Sheet, #2 State Court Docket Sheet, #3 State Court Other Documents State Court Summons, #4 State Court COMPLAINT, #5 State Court Other Documents State Court Notice of Removal)(Golden, Dale) |
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