Darby v. TrueAccord Corporation et al
| Desiree Darby |
| TrueAccord, Corp., LVNV Funding, LLC and TrueAccord Corporation |
| 8:2021cv02833 |
| December 6, 2021 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| Kathryn Kimball Mizelle |
| Consumer Credit |
| 15 U.S.C. ยง 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 16, 2021. A more recent docket listing may be available from PACER.
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Filing 8
ENDORSED ORDER dismissing action without prejudice because the earlier Order 6 striking the Complaint as a shotgun pleading has now become a final order. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 719-722 (11th Cir. 2020) ("Hertz [Corp. v. Alamo Rent-A-Car, Inc., 16 F.3d 1126 (11th Cir. 1994)] establishes that an order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the time allowed for amendment expires without the plaintiff seeking an extension. And when the order becomes a final judgment, the district court loses 'all its prejudgment powers to grant any more extensions' of time to amend the complaint." (emphasis added) (citations omitted)). The Clerk is directed to TERMINATE any pending motions and deadlines and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 12/16/2021. (JMB)
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Filing 7
FAST TRACK CASE MANAGEMENT AND SCHEDULING ORDER: Mediator selection deadline set for 12/29/2021. Discovery due by 3/7/2022. Dispositive motions due by 4/4/2022. Pretrial Conference set for 8/11/2022 at 9:00 AM in Tampa Courtroom 13 B before Judge Kathryn Kimball Mizelle. Jury Trial set for September 2022 in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Signed by Judge Kathryn Kimball Mizelle on 12/8/2021. (JMB)
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Filing 6
ENDORSED ORDER: Upon review, the Court finds that Plaintiff's 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. Accordingly, the Court STRIKES Plaintiff's complaint. Plaintiff must file an amended complaint complying with the Federal Rules of Civil Procedure by December 15, 2021, or this action will be dismissed. Signed by Judge Kathryn Kimball Mizelle on 12/8/2021. (JMB)
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Filing 5
CIVIL CASE ORDER. Signed by Judge Kathryn Kimball Mizelle on 12/8/2021. (JMB)
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| Filing 4 NOTICE of Lead Counsel Designation by John Michael Marees, II on behalf of LVNV Funding, LLC, TrueAccord Corporation. Lead Counsel: John M. Marees, II. (Marees, II, John) |
| Filing 3 NOTICE to Defense Counsels 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). (BD) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Sean P. Flynn. New case number: 8:21-cv-2833-KKM-SPF. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Polk County Court, case number 2021-sc-006226 filed in State Court on 08/04/2021. Filing fee $ 402, receipt number AFLMDC-18997434 filed by LVNV Funding, LLC, TrueAccord, Corp.. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 Civil Cover Sheet)(Marees, II, John) |
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