Desir v. LVNV Funding, LLC et al
| Carlyne Desir |
| LVNV Funding, LLC, Resurgent Capital Services, L.P., United Collection Bureau, Inc., Bryan Faliero and Sanju Sharma |
| 8:2022cv01300 |
| June 6, 2022 |
| US District Court for the Middle District of Florida |
| Charlene Edwards Honeywell |
| Julie S Sneed |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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Filing 17
ENDORSED ORDER directing the Clerk to STRIKE #16 Plaintiff's "Opposition, Objection and Strike to Defendants LVNV Funding, LLC, Resurgent Capital Services, L.P., and United Collection Bureau, Inc.'s Motion to Dismiss, or in the Alternative, Motion to Strike Shotgun Pleading, Carlyne Desire Move [sic] the Court for Summary Final Judgement [sic] with Prejudice or Trial By Jury of My Peers." In responding to #8 the Motion to Dismiss, or in the Alternative, Motion to Strike Shotgun Pleading, Plaintiff improperly moves for summary judgment. Plaintiff must present a request for Court relief in a motion, not a response to a motion. See Local R. M.D. Fla. 3.01(a). As such, the Court directs the Clerk to strike Plaintiff's filing. Plaintiff may file an amended response to the motion, free of any request that belongs in a motion, within TWENTY-ONE (21) DAYS from the date of this order. Plaintiff must ensure that any amended response complies with the Local Rules. Plaintiff can find the Local Rules at this website address: https://www.flmd.uscourts.gov/local-rules. Plaintiff's pro se status does not excuse compliance with the Local Rules. Osborne v. Florida, No. 6:19-cv-478-Orl-41DCI, 2019 WL 11690190, at *1 (M.D. Fla. Apr. 30, 2019). If Plaintiff desires Court relief, such as entry of summary judgment, Plaintiff must file a motion. Because Plaintiff proceeds pro se, Plaintiff should consult the "Litigants Without Lawyers" guide (https://www.flmd.uscourts.gov/litigants-without-lawyers) and the Federal Bar Association's pro se handbook (https://www.flmd.uscourts.gov/litigants-without-lawyers). Signed by Judge Charlene Edwards Honeywell on 8/1/2022. (GLP)
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| Filing 16 ***STRICKEN PER ORDER 17 *** OPPOSITION, Objection and Strike to Defendants #8 Motion to Dismiss; Plaintiff's move for Summary Judgment or Jury Trial by Carlyne Desir. (Attachments: #1 Exhibit A, #2 Exhibit B)(BD) Modified text on 8/2/2022 (MCB). |
| Filing 15 NOTICE of a related action per Local Rule 1.07(c) by LVNV Funding, LLC, Resurgent Capital Services, L.P., United Collection Bureau, Inc. Related case(s): No (Marees, II, John) Modified text on 7/6/2022 (JNB). |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re 3 Notice to Counsel of Local Rule by United Collection Bureau, Inc. (Marees, II, John) Modified text on 7/6/2022 (JNB). |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re 3 Notice to Counsel of Local Rule by Resurgent Capital Services, L.P. identifying Corporate Parent Resurgent Holdings, LLC, Corporate Parent Alegis Group, LLC for Resurgent Capital Services, L.P.. (Marees, II, John) Modified text on 7/6/2022 (JNB). |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re 3 Notice to Counsel of Local Rule by LVNV Funding, LLC identifying Corporate Parent Sherman Originator, LLC for LVNV Funding, LLC. (Marees, II, John) Modified text on 7/6/2022 (JNB). |
| Filing 11 NOTICE of Lead Counsel Designation by John Michael Marees, II on behalf of United Collection Bureau, Inc. Lead Counsel: John M. Marees, II. (Marees, II, John) Modified text on 7/6/2022 (JNB). |
| Filing 10 NOTICE of Lead Counsel Designation by John Michael Marees, II on behalf of LVNV Funding, LLC. Lead Counsel: John M. Marees, II. (Marees, II, John) |
| Filing 9 NOTICE of Lead Counsel Designation by John Michael Marees, II on behalf of Resurgent Capital Services, L.P. Lead Counsel: John M. Marees, II. (Marees, II, John) Modified text on 7/6/2022 (JNB). |
| Filing 8 MOTION to Dismiss Plaintiff's Complaint or in the alternative Motion to Strike Shotgun Pleading by LVNV Funding, LLC, Resurgent Capital Services, L.P., United Collection Bureau, Inc. (Marees, II, John) . Added MOTION to Strike on 7/6/2022 (JNB). |
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Filing 7
ENDORSED ORDER granting #6 Defendants' Motion for Extension of Time. Defendants LVNV Funding, LLC, Resurgent Capital Services, L.P., and United Collection Bureau, Inc. shall respond to Plaintiff's complaint on or before July 5, 2022. Signed by Magistrate Judge Julie S. Sneed on June 14, 2022. (TLM)
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| Filing 6 MOTION for Extension of Time to File Answer re #1 Notice of Removal, by LVNV Funding, LLC, Resurgent Capital Services, L.P., United Collection Bureau, Inc. (Marees, II, John) Motions referred to Magistrate Judge Julie S. Sneed. Modified text on 6/13/2022 (MCB). |
| Filing 5 NOTICE to counsel Joseph Endicott, Lauren M. Burnette, Maureen Beth Walsh, John Michael Marees, II 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). (SEG) |
| Filing 4 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 3 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) |
| Filing 2 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Julie S. Sneed. New case number: 8:22-cv-1300-CEH-JSS. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Tenth Judicial Circuit, case number 2022-ca-001567 filed in State Court on 05/11/2022. Filing fee $402, receipt number AFLMDC-19644812 filed by United Collection Bureau, Inc., Resurgent Capital Services, L.P., LVNV Funding, LLC. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Marees, II, John) |
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