Ali v. Commonwealth Financial Systems, Inc. et al
| Hatem Ali |
| Commonwealth Financial Systems, Inc. and Pendrick Capital Partners, LLC |
| Gregory P. Holder |
| 8:2022cv00065 |
| January 7, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 24, 2022. A more recent docket listing may be available from PACER.
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Filing 21
ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #20), 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 2/24/2022. (DMD)
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| Filing 20 NOTICE of settlement pending by Commonwealth Financial Systems, Inc., Pendrick Capital Partners, LLC (Schuette, Michael) |
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Filing 19
ENDORSED ORDER: Pursuant to the amended notice of mediation (Doc. #18), the parties' April 22, 2022 in-person mediation will now begin at 1:30pm. All rules outlined in the order appointing mediator (Doc. #17) still apply. Signed by Judge Virginia M. Hernandez Covington on 1/31/2022. (DMD)
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| Filing 18 NOTICE of mediation conference/hearing to be held on April 22, 2022 at 1:30 p.m. before Gregory P. Holder.(Schuette, Michael) |
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Filing 17
ORDER appointing Gregory Holder as mediator in this action. The mediation conference is scheduled for April 22, 2022, at 9:00 AM. 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 1/27/2022. (DMD)
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| Filing 16 NOTICE of mediation conference/hearing to be held on April 22, 2022 at 9:00 a.m. before Gregory P. Holder.(Schuette, Michael) |
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Filing 15
ENDORSED ORDER granting the joint motion to extend the mediation deadline. (Doc. #14). The mediation deadline is now April 22, 2022. Notice of mediation due January 26, 2022. Signed by Judge Virginia M. Hernandez Covington on 1/26/2022. (DMD)
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| Filing 14 Joint MOTION for Miscellaneous Relief, specifically to Extend Mediation Deadline by Commonwealth Financial Systems, Inc., Pendrick Capital Partners, LLC. (Schuette, Michael) |
| Filing 13 NOTICE of Lead Counsel Designation by Michael Schuette on behalf of Commonwealth Financial Systems, Inc., Pendrick Capital Partners, LLC. Lead Counsel: Michael P. Schuette. (Schuette, Michael) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Commonwealth Financial Systems, Inc., Pendrick Capital Partners, LLC. Related case(s): No (Schuette, Michael) |
| Filing 11 CORPORATE Disclosure Statement by Pendrick Capital Partners, LLC. (Schuette, Michael) |
| Filing 10 ANSWER and affirmative defenses to Complaint by Pendrick Capital Partners, LLC.(Schuette, Michael) |
| Filing 9 CORPORATE Disclosure Statement by Commonwealth Financial Systems, Inc. (Schuette, Michael) |
| Filing 8 ANSWER and affirmative defenses to Complaint by Commonwealth Financial Systems, Inc. (Schuette, Michael) |
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Filing 7
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 April 11, 2022. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by January 24, 2022. 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 1/10/2022. (TWL)
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| Filing 6 NOTICE 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 5 NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (MEJ) |
| Filing 4 NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. (Signed by Deputy Clerk). (MEJ) |
| Filing 3 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (MEJ) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:22-cv-0065-VMC-JSS. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Thirteenth Judicial Circuit, Hillsborough County, Florida, case number 21-CC-115597 filed in State Court on 12/1/2021. Filing fee $402, receipt number AFLMDC-19097320 filed by Pendrick Capital Partners, LLC, Commonwealth Financial Systems, Inc. (Attachments: #1 State Court Complaint, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Schuette, Michael) Modified on 1/10/2022 to correct docket text (BD). |
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