Pearson III v. Equifax Information Services LLC
| Vernon Jewel Pearson III |
| Equifax Information Services LLC |
| Gregory P. Holder |
| 8:2023cv00056 |
| January 9, 2023 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Christopher P Tuite |
| Consumer Credit |
| 15 U.S.C. ยง 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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| Filing 18 MOTION for Judgment on the Pleadings by Equifax Information Services LLC. (Joffe, Jason) |
Filing 14
ENDORSED ORDER re: Plaintiff's proposed final judgment (#6). It appears Plaintiff is attempting to obtain the entry of a final judgment against Defendant by filing a proposed order. See (Doc. 6). Plaintiff, however, fails to include any memorandum of law in support of his request. See M.D. Fla. R. 3.01(a) (directing that all motions include a legal memorandum in support of the relief sought); Vega v. Geico Gen. Ins. Co., 2022 WL 1081565, at *2 (M.D. Fla. Apr. 11, 2022) ("Failure to comply with Local Rule 3.01(a) is grounds for denial of a motion.") (citing DeBoskey v. SunTrust Mortg., Inc., 2017 WL 10425584, at *2 (Nov. 30, 2017), report and recommendation adopted, 2018 WL 6168125 (M.D. Fla. Nov. 26, 2018)). Nor can the Court discern any basis upon which to grant the relief Plaintiff appears to be seeking, particularly since Plaintiff has not obtained a clerk's default against Defendant. See Camargo v. Wolf, 2020 WL 13356803, at *1 (M.D. Fla. Aug. 11, 2020) (denying a motion for a default judgment under Rule 55 "as premature for failure to obtain a clerk's default"). Plaintiff's construed motion is therefore denied as both procedurally and substantively deficient. Signed by Magistrate Judge Christopher P. Tuite on 2/6/2023. (ACL)
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Filing 13
ENDORSED ORDER denying Plaintiff's #5 Motion for Entry of Default. It appears Defendant timely filed an answer to the complaint. Fed. R. Civ. P. 81(c)(2)(C) ("A defendant who did not answer before removal must answer or present other defenses or objections under these rules... [seven] days after the notice of removal is filed."). See (Doc. 7). Signed by Magistrate Judge Christopher P. Tuite on 2/6/2023. (ACL)
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| Filing 12 MEMORANDUM in opposition re #6 Motion for Default Judgment filed by Equifax Information Services LLC. (Joffe, Jason) |
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Filing 11
ENDORSED ORDER re: Plaintiff's #5 Motion for Entry of Default. Defendant has not timely responded to Plaintiff's motion, which allows the Court to deem the motion to be unopposed. M.D. Fla. R. 3.01(c). To avoid such a result, no later than February 7, 2023, Defendant shall file a response to Plaintiff's motion. Signed by Magistrate Judge Christopher P. Tuite on 2/1/2023. (ACL)
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Filing 10
FCRA SCHEDULING ORDER - FAST TRACK. The parties shall mediate no later than MAY 19, 2023. Gregory Holder is appointed as mediator. On or before FEBRUARY 2, 2023, Plaintiff's counsel shall file a notice of mediation that states the agreed date and time of mediation. If mediation results in an impasse, the Court intends to schedule this action for trial within 90-120 days from the mediation conference. See order for further details. Signed by Judge Thomas P. Barber on 1/19/2023. (SRC)
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| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Equifax Information Services LLC identifying Corporate Parent Equifax, Inc. for Equifax Information Services LLC. (Joffe, Jason) |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Equifax Information Services LLC. Related case(s): No (Joffe, Jason) |
| Filing 7 ANSWER and affirmative defenses to Complaint by Equifax Information Services LLC.(Joffe, Jason) |
| Filing 6 MOTION for Default Judgment against Vernon Jewel Pearson III by Vernon Jewel Pearson III. (LSS) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 5 MOTION for Clerk's Default against Vernon Jewel Pearson III by Vernon Jewel Pearson III. (LSS) Motions referred to Magistrate Judge Christopher P. Tuite. |
| 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). (SRC) |
| Filing 3 NOTICE to Counsel 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. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (SRC) |
| Filing 2 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Christopher P. Tuite. New case number: 8:23-cv-0056-TPB-CPT. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 13th Judicial Circuit In and For Hillsborough County, Florida, case number 22-CA-010227 filed in State Court on December 9, 2022. Filing fee $402, receipt number AFLMDC-20380655 filed by Equifax Information Services LLC. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Joffe, Jason) Modified text on 1/10/2023 (KME). |
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