Gador v. Receivables Performance Management, LLC
| Evelyn B. Gador |
| Receivables Performance Management, LLC |
| Gregory P. Holder |
| 8:2022cv02453 |
| October 27, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2022. A more recent docket listing may be available from PACER.
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Filing 8
ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #7), 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 12/2/2022. (DMD)
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| Filing 7 NOTICE of settlement by Evelyn B. Gador (Taylor, Alexander) |
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Filing 6
ENDORSED ORDER: Plaintiff has filed proof of service indicating that Defendant was served on November 4, 2022. (Doc. #7). Thus, Defendant's answer was due November 25, 2022. See Fed. R. Civ. P. 12(a)(1)(A)(i). Yet, no answer has been filed. And Plaintiff has not promptly applied to the Clerk for entry of Clerk's default. Accordingly, the Court directs Plaintiff to promptly apply to the Clerk for entry of default. Signed by Judge Virginia M. Hernandez Covington on 11/30/2022. (DMD)
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Filing 5
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 February 23, 2023. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by December 9, 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 11/28/2022. (TWL)
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| Filing 4 RETURN of service executed on 11/4/2022 by Evelyn B. Gador as to Receivables Performance Management, LLC. (Taylor, Alexander) |
| Filing 3 SUMMONS issued as to Receivables Performance Management, LLC. (MCB) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:22-cv-2453-VMC-AEP. (SJB) |
| Filing 1 COMPLAINT against Receivables Performance Management, LLC with Jury Demand (Filing fee $402 receipt number AFLMDC-20136657) filed by Evelyn B. Gador. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Taylor, Alexander) |
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