Warner v. Experian Information Solutions, Inc. et al
| Blake Warner |
| Experian Information Solutions, Inc., Equifax Information Services LLC and Equifax Information Services, LLC |
| 8:2023cv01411 |
| June 23, 2023 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Julie S Sneed |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 WAIVER of service returned executed on 08/11/2023 by Blake Warner as to Experian Information Solutions, Inc. (Gomez, Octavio) |
Filing 25
ENDORSED ORDER: Upon further review, Experian's answer #20 corresponds to Warner's original complaint, which the Court dismissed as a shotgun pleading. Warner must prove adequate service of the amended complaint by August 18. See Fed. R. Civ. P. 5(b). Signed by Judge Kathryn Kimball Mizelle on 8/8/2023. (MEV)
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Filing 24
ENDORSED ORDER: Equifax's motion for reconsideration #22 is granted to the extent that its answer is deemed timely filed. Equifax's answer #23 is accepted. Signed by Judge Kathryn Kimball Mizelle on 8/8/2023. (MEV)
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| Filing 23 Equifax Information Services, LLC's ANSWER and affirmative defenses to #6 Amended Complaint and Affirmative and Other Defenses by Equifax Information Services, LLC.(Smith, Nicole) |
| Filing 22 Unopposed MOTION for Reconsideration re 14 Order by Equifax Information Services, LLC. (Smith, Nicole) |
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Filing 21
ENDORSED ORDER: Finding excusable neglect, Experian's motion for extension #16 is granted. Experian's answer #20 is accepted. The incorrect filing #15 is stricken. Signed by Judge Kathryn Kimball Mizelle on 8/3/2023. (MEV)
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| Filing 20 ANSWER and affirmative defenses to #1 Complaint by Experian Information Solutions, Inc..(Ruiz, Maria) |
| Filing 19 NOTICE of a related action per Local Rule 1.07(c) by Experian Information Solutions, Inc.. Related case(s): No (Ruiz, Maria) |
| Filing 18 CORPORATE Disclosure Statement by Experian Information Solutions, Inc. identifying Corporate Parent Experian plc, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC, Other Affiliate Opt-Out Services LLC for Experian Information Solutions, Inc... (Ruiz, Maria) |
| Filing 17 NOTICE of Lead Counsel Designation by Maria Helena Ruiz on behalf of Experian Information Solutions, Inc.. Lead Counsel: Maria H. Ruiz. (Ruiz, Maria) |
| Filing 16 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (Nunc Pro Tunc) by Experian Information Solutions, Inc.. (Ruiz, Maria) |
| Filing 15 ***STRICKEN PERSUANT TO 21 ENDORSED ORDER***Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (Nunc Pro Tunc) by Experian Information Solutions, Inc.. (Ruiz, Maria) Modified on 8/4/2023 (LSS). |
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Filing 14
ENDORSED ORDER: Plaintiff's proofs of service #8, #9 indicate that Defendants were served on July 5, 2023. Neither defendant has timely responded to the complaint. See Fed. R. Civ. P. 12(a)(1)(A)(i). Equifax's waiver of service #13, dated July 26, 2023, does not extend the deadline for responding because it was executed after Equifax was served. See Fed. R. Civ. P. 4(d)(3). Accordingly, Plaintiff must move for a default as to Defendants no later than August 24, 2023. See Local Rule 1.10(b). Signed by Judge Kathryn Kimball Mizelle on 7/27/2023. (MEV)
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| Filing 13 WAIVER of service returned executed on 07/26/23 by Blake Warner as to Equifax Information Services, LLC. (Gomez, Octavio) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Blake Warner. (Gomez, Octavio) |
| Filing 11 NOTICE of Lead Counsel Designation by Octavio Gomez on behalf of Blake Warner. Lead Counsel: Octavio Gomez. (Gomez, Octavio) |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Blake Warner. Related case(s): Yes (Gomez, Octavio) |
| Filing 9 RETURN of service executed on 07/05/2023 by Blake Warner as to Experian Information Solutions, Inc. (Gomez, Octavio) Modified on 7/12/2023 as to docket text (ARL). |
| Filing 8 RETURN of service executed on 07/05/2023 by Blake Warner as to Equifax Information Services, LLC. (Gomez, Octavio) |
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Filing 7
ENDORSED ORDER: As required by Local Rule 3.03, Plaintiff must file a Certificate of Interested Persons and Corporate Disclosure Statement identifying parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Plaintiff must file the foregoing by using the template attached to Doc. #4 (also available on the undersigned's website under the "forms" tab). Plaintiff must file the Disclosure Statement and Certification no later than July 14, 2023. Signed by Judge Kathryn Kimball Mizelle on 7/10/2023. (MEV)
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| Filing 6 AMENDED COMPLAINT against Equifax Information Services, LLC, Experian Information Solutions, Inc. with Jury Demand. filed by Blake Warner.(Gomez, Octavio) Modified on 6/28/2023 to edit party's name. (LD). |
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Filing 5
ENDORSED ORDER: Upon review, the Court finds that Plaintiff's #1 Complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, each count improperly fails to separate into different counts each alleged violation of separate provisions of the Fair Credit Reporting Act. See id. at 1322-23 ("The third type of shotgun pleading is one that commits the sin of not separating into a different count each cause of action or claim for relief."). Each count alleges violations of both 15 U.S.C. 1681n and 15 U.S.C. 1681o in the same count. Accordingly, the Plaintiff's complaint is DISMISSED, and the Plaintiff is granted leave to amend their complaint no later than June 30, 2023. If the Plaintiff fails to amend the complaint or submits another shotgun pleading, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 6/23/2023. (MEV)
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Filing 4
CIVIL CASE STANDING ORDER. Each Party must file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 6/23/2023. (MEV)
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| Filing 3 SUMMONS issued as to Equifax Information Services LLC, Experian Information Solutions, Inc. (MCB) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Julie S. Sneed. New case number: 8:23-cv-1411-KKM-JSS. (ARC) |
| Filing 1 COMPLAINT against Equifax Information Services LLC, Experian Information Solutions, Inc. with Jury Demand (Filing fee $402 receipt number AFLMDC-20972849) filed by Blake Warner. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons as to Experian, #3 Proposed Summons as to Equifax)(Gomez, Octavio) Modified text on 6/23/2023 (MCB). |
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