Vazquez v. Portfolio Recovery Associates, LLC
| Teresa Vazquez |
| Portfolio Recovery Associates, LLC |
| 8:2022cv01786 |
| August 5, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Amanda Arnold Sansone |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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Filing 23
ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #22), 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. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 9/20/2022. (CKW)
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| Filing 22 Joint NOTICE of settlement by Portfolio Recovery Associates, LLC (Rottmann, Emily) Modified text on 9/19/2022 (MCB). |
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Filing 21
ENDORSED ORDER: The Eleventh Circuit has now issued its en banc decision in the Hunstein case. See Hunstein v. Preferred Collection & Mgmt. Servs., Inc., --- F. 4th ---, No. 19-14434, 2022 WL 4102824, at *1 (11th Cir. Sept. 8, 2022). Accordingly, the Clerk is directed to lift the stay and return this case to active status. Additionally, in light of Hunstein's holding that its plaintiff lacked standing, the parties here are directed to file short briefs--not to exceed 5 pages--by September 19, 2022, explaining whether Plaintiff has standing in this case. Signed by Judge Virginia M. Hernandez Covington on 9/12/2022. (CKW)
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Filing 20
ENDORSED ORDER: In light of the Court's order staying this case until the Eleventh Circuit issues its en banc opinion in the Hunstein case, Plaintiff's Motion to Remand to State Court (Doc. #10) is denied without prejudice. Signed by Judge Virginia M. Hernandez Covington on 8/26/2022. (Wettach, Catherine)
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Filing 19
ENDORSED ORDER: On August 8, 2022, the Court entered an order directing the parties to file notice by August 12, 2022, stating their position as to whether this matter should be stayed pending the Eleventh Circuit's en banc decision in Hunstein v. Preferred Collection & Mgmt. Servs., Inc., No. 19-14434 (11th Cir. Nov. 17, 2021). (Doc. # 3). Vazquez filed a Motion to Remand on August 9, 2022 (Doc. #10), and Portfolio Recovery Associates, LLC filed notice requesting a stay on August 10, 2022 (Doc. #11). Having reviewed the parties' pleadings, the Court determines that it is appropriate to stay this case until the Eleventh Circuit issues its en banc opinion in the Hunstein case. The Clerk is directed to stay and administratively close this case. Signed by Judge Virginia M. Hernandez Covington on 8/26/2022. (Wettach, Catherine).
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Filing 18
ORDER: The Motion for Extension of Time to File Response/Reply (Doc. #15) is denied as moot, as Portfolio Recovery Associates, LLC timely filed its response to the Motion to Remand. Signed by Judge Virginia M. Hernandez Covington on 8/26/2022. (Wettach, Catherine)
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| Filing 17 RESPONSE in Opposition re #10 MOTION to Remand to State Court and Supporting Memorandum of Law filed by Portfolio Recovery Associates, LLC. (Attachments: #1 Exhibit A)(Rottmann, Emily) |
| Filing 16 NOTICE by Portfolio Recovery Associates, LLC re #15 MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Remand to State Court and Supporting Memorandum of Law "Defendant's Notice of Plaintiff's Position on Defendant's Motion for Extension of Time (DE 15)" (Rottmann, Emily) |
| Filing 15 MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Remand to State Court and Supporting Memorandum of Law by Portfolio Recovery Associates, LLC. (Rottmann, Emily) |
| Filing 14 Defendant Portfolio Recovery Associates, LLC's ANSWER and affirmative defenses to Complaint by Portfolio Recovery Associates, LLC.(Holladay, Sara) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Portfolio Recovery Associates, LLC. Related case(s): Yes (Holladay, Sara) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re 8 Notice to Counsel of Local Rule, by Portfolio Recovery Associates, LLC identifying Corporate Parent PRA Group, Inc. for Portfolio Recovery Associates, LLC. (Rottmann, Emily) |
| Filing 11 NOTICE by Portfolio Recovery Associates, LLC re 3 Order no pdf, "Defendant's Notice to Court Requesting Stay" (Rottmann, Emily) |
| Filing 10 MOTION to Remand to State Court and Supporting Memorandum of Law by Teresa Vazquez. (Tenenbaum, Jason) |
| Filing 9 Duplicate, entered in error. (TWL) |
| Filing 8 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). (TWL) |
| Filing 7 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). (TWL) |
| Filing 6 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). (TWL) |
| Filing 5 NOTICE of Lead Counsel Designation by Emily Yandle Rottmann on behalf of Portfolio Recovery Associates, LLC. Lead Counsel: Sara F. Holladay. (Rottmann, Emily) |
| Filing 4 NOTICE to counsel Sara F. Holladay, Emily Y. Rottmann, Kathleen D. Kilbride 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). (SET) |
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Filing 3
ENDORSED ORDER: In this matter, the Plaintiff alleges a violation of the Fair Debt Collection Practices Act ("FDCPA") due to the Defendant's practice of sharing consumers' personal information with a third-party vendor in pursuit of the collection of a debt. On November 17, 2021, the Eleventh Circuit vacated its panel decision in Hunstein v. Preferred Collection & Mgmt. Servs., Inc., 17 F.4th 1016 (11th Cir. 2021), and ordered that the case be reheard en banc. See Hunstein v. Preferred Collection & Mgmt. Servs., Inc., No. 19-14434 (11th Cir. Nov. 17, 2021). The panel decision in Hunstein held that an alleged violation of 15 U.S.C. 1692c(b) is sufficient to give rise to the concrete injury in fact required for Article III standing, and that a debt collector's transmittal of a consumer's personal information to a third-party dunning vendor was made "in connection with the collection of any debt," in violation of the FDCPA. As that panel decision has now been vacated, it has no precedential value. Accordingly, the parties are directed to file a notice by August 12, 2022, stating whether they believe this matter should be stayed pending the Eleventh Circuit's en banc decision in Hunstein. Signed by Judge Virginia M. Hernandez Covington on 8/8/2022. (SGM)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Amanda Arnold Sansone. New case number: 8:22-cv-1786-VMC-AAS. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Pasco County Circuit Court, case number 2022-CA-001758 filed in State Court on 07/01/2022. Filing fee $402, receipt number AFLMDC-19853289 filed by Portfolio Recovery Associates, LLC. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 State Court Other Documents, #5 Civil Cover Sheet)(Rottmann, Emily) |
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| Plaintiff: Teresa Vazquez | |
| Represented By: | Jason Tenenbaum |
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| Defendant: Portfolio Recovery Associates, LLC | |
| Represented By: | Emily Yandle Rottmann |
| Represented By: | Sara F. Holladay |
| Represented By: | Kathleen D. Kilbride |
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