Fleming v. Aqua Finance, Inc. et al
| Nenia Fleming |
| Aqua Finance, Inc. and Aspen Home Improvements, Inc. |
| 8:2023cv02231 |
| October 2, 2023 |
| US District Court for the Middle District of Florida |
| Charlene Edwards Honeywell |
| Christopher P Tuite |
| Consumer Credit |
| 28 U.S.C. § 1441 Notice of Removal - Fair Credit Reporti |
| None |
Docket Report
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This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Judge Charlene Edwards Honeywell no longer assigned to case. (JNB) |
Filing 34
ORDER approving consent to jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Christopher P. Tuite. Signed by Judge Charlene Edwards Honeywell on 11/29/2023. (CAB)
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| Filing 33 PROPOSED Notice, Consent and Reference of a Civil Action to a Magistrate Judge by Nenia Fleming (Russo, Adam) (Modified on 11/27/2023, to edit text) (BGR). |
| Filing 32 CASE MANAGEMENT REPORT. (Russo, Adam) |
| Filing 31 RESPONSE in Opposition re #20 MOTION to Set Aside Clerk Default by Nenia Fleming. (Russo, Adam) (Modified on 11/27/2023, to edit text) (BGR). |
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Filing 30
ENDORSED ORDER re: Defendant Aspen Home Improvement, Inc.'s #20 Motion to Set Aside and/or Vacate Default. Contrary to the representations made by Plaintiff as set forth in Defendant's supplement to its motion (Doc. 21), Plaintiff has not responded to Defendant's motion, which subjects the motion to being treated as unopposed. M.D. Fla. R. 3.01(c). Out of an abundance of caution, however, no later than November 24, 2023, Plaintiff shall file either a response in opposition to the motion or a notice stating that she does not object to the requested relief. Signed by Magistrate Judge Christopher P. Tuite on 11/17/2023. (MEL)
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| Filing 29 Supplemental MOTION to Remand to State Court by Nenia Fleming. (Russo, Adam) |
| Filing 28 RESPONSE in Opposition re #26 MOTION to Remand to State Court filed by Aspen Home Improvements, Inc. (Zelmer, Diane) Modified on 11/17/2023 (CTR). |
| Filing 27 CORPORATE Disclosure Statement by Aspen Home Improvements, Inc.. (Zelmer, Diane) |
| Filing 26 MOTION to Remand to State Court by Nenia Fleming. (Russo, Adam) |
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Filing 25
ORDERED: 1) The claims against Defendant Aqua Finance, Inc. are dismissed, with prejudice, with each party to bear its own attorney's fees and costs. 2) The Clerk is directed to terminate Defendant Aqua Finance, Inc. as a party to this case. Signed by Judge Charlene Edwards Honeywell on 11/2/2023. (AB)
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Filing 24
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #23 Plaintiff's Motion for Remand. The rule requires a movant to confer in good faith with an opposing party prior to filing a motion to remand and to include a certification of conferral. The motion does not contain the required certification and there is also no indication as to whether Plaintiff has conferred with Defendant prior to filing this motion. Signed by Judge Charlene Edwards Honeywell on 11/2/2023. (AB)
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| Filing 23 MOTION to Remand to State Court by Nenia Fleming. (Russo, Adam) |
| Filing 22 NOTICE of voluntary dismissal by Nenia Fleming (Russo, Adam) |
| Filing 21 SUPPLEMENT re #20 MOTION to Set Aside Clerk Default by Aspen Home Improvements, Inc.. (Zelmer, Diane) |
| Filing 20 MOTION to Set Aside Clerk Default by Aspen Home Improvements, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Zelmer, Diane) Modified on 10/20/2023 (CTR). |
| Filing 19 Clerk's ENTRY OF DEFAULT as to Aspen Home Improvements, Inc. (AMS) |
| Filing 18 MOTION for Clerk's Default against Aspen Home Improvements, Inc. by Nenia Fleming. (Russo, Adam) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 17 FILED IN ERROR. Modified on 10/11/2023: Counsel contacted to file correct document. (AMS) |
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Filing 16
ENDORSED ORDER granting #12 Defendant Aqua Finance's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. No later than November 7, 2023, Defendant shall respond to Plaintiff's complaint (#1) and no later than November 28, 2023, Plaintiff shall file any reply. Signed by Magistrate Judge Christopher P. Tuite on 10/10/2023. (MEL)
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| Set/reset deadlines/hearings: for Aqua Finance, Inc. Answer due by 11/7/2023. Replies due by 11/28/2023. (JK) |
| Filing 15 CORPORATE Disclosure Statement by Nenia Fleming. (Russo, Adam) |
| Filing 14 NOTICE of a related action per Local Rule 1.07(c) by Nenia Fleming. Related case(s): No (Russo, Adam) |
| Filing 13 RETURN of service executed on 9/1/2023 by Nenia Fleming as to Aqua Finance, Inc. (AA) |
| Filing 12 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal by Aqua Finance, Inc.. (Solano, Sara) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 11 RETURN of service executed on 09/12/2023 by Nenia Fleming as to Aspen Home Improvements. (Russo, Adam) Modified to edit docket text on 10/5/2023 (HAI). |
| Filing 10 RETURN of service executed on 09/01/2023 by Nenia Fleming as to Aqua Finance, Inc. (Russo, Adam) Modified to edit docket text on 10/5/2023 (HAI). |
| Filing 9 RETURN of service executed on 9/12/2023 by Nenia Fleming as to Aspen Home Improvements, Inc. (AA) Modified text on 10/11/2023 (AG). |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Aqua Finance, Inc.. Related case(s): No (Solano, Sara) |
| Filing 7 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). (JS) |
| Filing 6 NOTICE 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). (JS) |
| Filing 5 NOTICE TO COUNSEL Jayson O. Myers of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (JK) |
| Filing 4 NOTICE TO COUNSEL Adam Garrett Russo; Jonathan Dean Eichelberger of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (JK) |
| Filing 3 CORPORATE Disclosure Statement by Aqua Finance, Inc. identifying Corporate Parent Aqua Intermediate, Inc., Corporate Parent Otter Holdco, Inc. for Aqua Finance, Inc. (Solano, Sara) |
| Filing 2 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Christopher P. Tuite. New case number: 8:23-cv-02231-CEH-CPT. (AM) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from County Court Hillsborough County, FL, case number 23-CC-098229 filed in State Court on 8/23/23. Filing fee $402, receipt number AFLMDC-21312497 filed by Aqua Finance, Inc. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Exhibit Consent, #5 Civil Cover Sheet)(Solano, Sara) |
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