Jones v. Kingswere Furniture LLC et al
| Jessica Jones |
| Kingswere Furniture LLC doing business as Ashley Homestore and Clear Recovery Inc |
| 8:2022cv02132 |
| September 14, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Other Statutory Actions |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 19, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 16
ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #15), 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 10/19/2022. (DRG)
|
| Filing 15 NOTICE of settlement Pending with Kingswere LLC dba Ashley Homestore by Jessica Jones (Thalji, Sami) |
| Filing 14 NOTICE of Appearance by Amy L. Christiansen on behalf of Clear Recovery Inc (Christiansen, Amy) |
| Filing 13 NOTICE of Appearance by George M. Vinci, Jr on behalf of Clear Recovery Inc (Vinci, George) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim by Kingswere Furniture LLC. (Gowen, Kevin) |
|
Filing 11
ENDORSED ORDER: The parties have filed a "Stipulation to Extend Time to Answer or Otherwise Plead" representing that the parties have agreed to extend the time for Clear Recovery, Inc. to file its answer to the Complaint. (Doc. #10). This is improper. Extensions merely agreed upon by the parties have no effect on the Court. Only the Court may grant an extension of a deadline. As such, a party seeking an extension must file a proper motion for extension of time that satisfies the requirements of Local Rule 3.01, rather than a "stipulation." Nevertheless, in the interest of efficiency, the Court will construe the "stipulation" as an unopposed motion for extension of time to respond to the Complaint and grants the construed motion. Clear Recovery, Inc.'s response to the Complaint is now due October 17, 2022. Signed by Judge Virginia M. Hernandez Covington on 10/4/2022. (DRG)
|
| Filing 10 STIPULATION to Extend Time to Answer and or Otherwise Plead by Clear Recovery Inc. (Christiansen, Amy) |
| Filing 9 ***TERMINATED-COUNSEL ON SIGNATURE LINE DOES NOT MATCH COUNSEL OF ENTRY-COUNSEL NOTIFIED TO FILE SEPARATE NOA***NOTICE of Appearance by Amy L. Christiansen on behalf of Clear Recovery Inc (Christiansen, Amy) Modified on 10/5/2022 (CTR). |
|
Filing 8
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 24, 2022, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. After the Case Management Report is filed, the Court will determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 9/23/2022. (DRG)
|
| Filing 7 RETURN of service executed on 9/16/2022 by Jessica Jones as to Clear Recovery Inc. (Thalji, Sami) |
| Filing 6 RETURN of service executed on 09/14/2022 by Jessica Jones as to Kingswere Furniture LLC. (Thalji, Sami) |
| Filing 5 NOTICE of Lead Counsel Designation by Sami Thalji on behalf of Jessica Jones. Lead Counsel: Florida Consumer Lawyers. (Thalji, Sami) |
| Filing 4 NOTICE to counsel Sami Thalji 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). (CTR) |
| Filing 3 SUMMONS issued as to Clear Recovery Inc, Kingswere Furniture LLC. (CTR) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:22-cv-2132-VMC-CPT. (SJB) |
| Filing 1 COMPLAINT against Clear Recovery Inc, Kingswere Furniture LLC dba Ashley Homestore with Jury Demand (Filing fee $402 receipt number AFLMDC-19993729) filed by Jessica Jones. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Summons, #6 Proposed Summons)(Thalji, Sami) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
