Brittney Gibson v. Certified Credit Reporting, Inc. et al
| Brittney Gibson |
| Certified Credit Reporting, Inc. a California corporation doing business as Certified Tenant Screening, Does 1-10, inclusive and Certified Credit Reporting of Florida, Inc. |
| 8:2022cv01014 |
| May 4, 2022 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| Charlene Edwards Honeywell |
| Mac R McCoy |
| Mary S Scriven |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Both |
Docket Report
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| Filing 40 Case Reassigned to Magistrate Judge Mac R. McCoy. New case number: 8:22-cv-01014-CEH-MRM. Magistrate Judge Sean P. Flynn no longer assigned to the case. (SAO) |
Filing 39
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/3/2023, Dispositive motions due by 2/3/2023, Pretrial statement due by 5/23/2023, All other motions due by 5/30/2023, Final Pretrial Conference set for 6/20/2023 at 3:15 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell, Jury Trial set for term commencing 7/3/2023 in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. Conduct mediation hearing by 3/15/2023. Lead counsel to coordinate dates. Signed by Judge Charlene Edwards Honeywell on 6/23/2022. (BGS)
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| Filing 38 CASE MANAGEMENT REPORT. (Hashmall, Joseph) |
| Filing 37 CERTIFICATE of interested persons and corporate disclosure statement by Certified Credit Reporting of Florida, Inc. identifying Corporate Parent Certified Credit Reporting of Florida, Inc. for Certified Credit Reporting of Florida, Inc. (Lawson, Christi) Modified on 6/10/2022 (CTR). |
| Filing 36 ANSWER and affirmative defenses with Jury Demand to #33 Amended Complaint by Certified Credit Reporting of Florida, Inc.(Lawson, Christi) Modified on 6/10/2022 (CTR). |
| Filing 35 ANSWER and affirmative defenses with Jury Demand to #33 Amended Complaint by Certified Credit Reporting, Inc.(Lawson, Christi) Modified text on 6/6/2022 (MCB). |
| Filing 34 NOTICE of Appearance by Bryan James Geiger on behalf of Brittney Gibson (Geiger, Bryan) |
| Filing 33 AMENDED COMPLAINT [Second] against Certified Credit Reporting of Florida, Inc., Certified Credit Reporting, Inc. with Jury Demand. filed by Brittney Gibson.(Hashmall, Joseph) |
| Filing 32 CERTIFICATE of interested persons and corporate disclosure statement by Brittney Gibson. (Hashmall, Joseph) |
| Filing 31 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). (BGS) |
| Filing 30 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) 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. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 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). (BGS) |
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Filing 29
ORDER: 1. Gibson's Amended Complaint #24 is DISMISSED without prejudice as a shotgun pleading. 2. The Court grants Gibson leave to file a second amended complaint within FOURTEEN (14) DAYS from the date of this order, which must correct the deficiencies discussed herein. 3. Failure to file a second amended complaint within the time provided will result in the dismissal of this action, without prejudice, without further notice. See order for further details. Signed by Judge Charlene Edwards Honeywell on 5/16/2022. (GLP)
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| Filing 28 WAIVER of service returned executed on 5/11/2022 by Brittney Gibson as to Certified Credit Reporting of Florida, Inc. (Hashmall, Joseph) Modified on 5/16/2022 (CTR). |
| PRO HAC VICE FEES paid by attorney Joseph C. Hashmall(Filing fee $150 receipt number TPA066495.) Related document: #19 Unopposed MOTION for Joseph C. Hashmall to appear pro hac vice . (ARC) |
| Filing 27 SUMMONS issued as to Certified Credit Reporting of Florida, Inc. (LD) |
| Filing 26 Case Reassigned to Judge Charlene Edwards Honeywell. New case number: 8:22-cv-1014-CEH-SPF. Judge Mary S. Scriven no longer assigned to the case. (JNB) |
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Filing 25
ORDER TRANSFERRING CASE to the Honorable Charlene E. Honeywell for all further proceedings pursuant to Local Rule 1.07(a)(2)(A). Signed by Judge Mary S. Scriven on 5/10/2022. (EOJ)
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| Filing 24 AMENDED COMPLAINT against Certified Credit Reporting, Inc., Certified Credit Reporting of Florida, Inc. with Jury Demand. filed by Brittney Gibson. (Attachments: #1 Proposed Summons for Certified Credit Reporting of Florida, Inc.)(Hashmall, Joseph) |
| Filing 23 Unopposed MOTION to Reassign Case by Brittney Gibson. (Hashmall, Joseph) |
| Filing 22 NOTICE of a related action per Local Rule 1.07(c) by Certified Credit Reporting, Inc. Related case(s): Yes (Lawson, Christi) Modified on 5/11/2022 (CTR). |
| Filing 21 NOTICE of Appearance Appearance by Christi A. Lawson on behalf of Certified Credit Reporting, Inc. (Lawson, Christi) |
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Filing 20
ENDORSED ORDER granting #19 Motion to Appear Pro Hac Vice. Attorney Hashmall may appear pro hac vice on behalf of Plaintiff. Within 21 days from the date of this order, counsel shall comply with the fee and electronic filing registration requirements of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 5/5/2022. (CED)
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| Filing 19 Unopposed MOTION for Joseph C. Hashmall to appear pro hac vice by Brittney Gibson. (Hashmall, Joseph) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 18 NOTICE to counsel Sophia Rios and John Atallah of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (JNB) |
| Filing 17 TRANSFER IN from the Central District of California. Case assigned to District Judge Mary S. Scriven and Magistrate Judge Sean P. Flynn. New Case Number: 8:22-cv-1014-MSS-SPF. (JNB) |
| Filing 16 Case transferred in from District of California Central; Case Number 5:22-cv-00327. File received electronically |
| Filing 15 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER GRANTING MOTION TO TRANSFER CASE #13 AND TRANSFERRING CASE TO USDC MIDDLE DISTRICT OF FLORIDA.. Defendant removed the case to this Court on federal question grounds and then filed a motion to transfer venue that it voluntarily withdrew without prejudice while the parties met and conferred. The parties have since reached an agreement that the instant case should be transferred to the Middle District of Florida, and they now jointly move to transfer the case there. The Court takes the matter under submission, VACATES the May 23, 2022 hearing on the matter, and rules as follows.The Court GRANTS the parties Motion. The Court ORDERS that the case be TRANSFERRED to the United States District Court for the Middle District of Florida The Scheduling Conference and all other dates and deadlines pending in this District are VACATED, and further dates and deadlines are left to the operation of the Federal Rules and the orders of the transferee court. MD JS-6. Case Terminated. (Case electronically transferred to USDC Middle District of Florida on 5/3/2022). (lc) Modified on 5/3/2022 (lc). [Transferred from cacd on 5/4/2022.] |
| Filing 14 STIPULATION to Continue Scheduling Conference from May 9, 2022 to To be Determined filed by Plaintiff Brittney Gibson. (Attachments: #1 Declaration, #2 Proposed Order)(Rios, Sophia) [Transferred from cacd on 5/4/2022.] |
| Filing 13 Joint NOTICE OF MOTION AND MOTION to Transfer Case to Middle District of Florida filed by Defendant Certified Credit Reporting, Inc.. Motion set for hearing on 5/23/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Calico Stratton, #2 Proposed Order Granting Joint Motion to Transfer Venue) (Atallah, John) [Transferred from cacd on 5/4/2022.] |
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Filing 12
ORDER that the Scheduling Conference is set for May 9, 2022 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II. (lc) [Transferred from cacd on 5/4/2022.]
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| Filing 11 ANSWER to Complaint - (Discovery), filed by Defendant Certified Credit Reporting, Inc..(Atallah, John) [Transferred from cacd on 5/4/2022.] |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint - (Discovery), filed by Defendant Certified Credit Reporting, Inc..(Atallah, John) [Transferred from cacd on 5/4/2022.] |
| Filing 9 Notice of Withdrawal of Motion to Change Venue#5 filed by Defendant Certified Credit Reporting, Inc.. (Atallah, John) [Transferred from cacd on 5/4/2022.] |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) [Transferred from cacd on 5/4/2022.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from cacd on 5/4/2022.] |
| Filing 6 NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge John W. Holcomb and referred to Magistrate Judge Maria A. Audero for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Otis D. Wright, II. The case number on all documents filed with the Court in this case should read as follows: 5:22-cv-00327-ODW (MAAx). (et) [Transferred from cacd on 5/4/2022.] |
| CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants Certified Credit Reporting, Inc., Does 1-10, inclusive. Jury Demanded., filed by Plaintiff Brittney Gibson. [FILED IN STATE COURT ON 12/7/2021 SUBMITTED ATTACHED TO EXHIBIT A AS ATTACHMENT NO. 2 TO NOTICE OF REMOVAL #1]. (et) [Transferred from cacd on 5/4/2022.] |
| Filing 5 NOTICE OF MOTION AND MOTION to Change Venue to United States District Court for the Middle District of Florida filed by Defendant Certified Credit Reporting, Inc.. (Attachments: #1 Proposed Order) (Atallah, John) [Transferred from cacd on 5/4/2022.] |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Certified Credit Reporting, Inc. (Atallah, John) [Transferred from cacd on 5/4/2022.] |
| Filing 3 NOTICE of Interested Parties filed by Defendant Certified Credit Reporting, Inc., (Atallah, John) [Transferred from cacd on 5/4/2022.] |
| Filing 2 CIVIL COVER SHEET filed by Defendant Certified Credit Reporting, Inc.. (Atallah, John) [Transferred from cacd on 5/4/2022.] |
| Filing 1 NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIVSB2133642 Receipt No: ACACDC-32830640 - Fee: $402, filed by Defendant Certified Credit Reporting, Inc.. (Attachments: #1 Declaration of John J. Atallah, #2 Exhibit A to Declaration of John J. Atallah) (Attorney John Joseph Atallah added to party Certified Credit Reporting, Inc.(pty:dft))(Atallah, John) [Transferred from cacd on 5/4/2022.] |
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