Higuera-Ballesteros v. Equifax Information Services LLC et al
Plaintiff: Odalis Higuera-Ballesteros
Defendant: Equifax Information Services LLC and Medical Data Systems, Inc.
Case Number: 8:2023cv02273
Filed: October 6, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Charlene Edwards Honeywell
Referring Judge: Julie S Sneed
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1681 Fair Credit Reporting Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2023 Opinion or Order Filing 18 ORDERED: (1) Plaintiff's claims against Defendant Medical Data Systems, Inc. only, are dismissed with prejudice. Each party shall bear its own costs and attorneys' fees. The Clerk is directed to terminate Defendant Medical Data Systems, Inc. as a party to this action. (2) The Clerk is further directed to VACATE the Endorsed Order dated December 12, 2023 17, as it was entered in error. Signed by Senior District Judge Charlene Edwards-Honeywell on 12/13/2023. (MMS)
December 12, 2023 Filing 17 ***VACATED PER ORDER #18*** ENDORSED ORDER: Pursuant to Fed. R. Civ. P. 41(A)(1)(a)(ii) and City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., 82 F.4th 1031 (11th Cir. 2023), a joint stipulation of dismissal must be signed by all parties who have appeared. Accordingly, the Stipulation of Dismissal With Prejudice as to Medical Data Systems, Inc. #16 does not effect a dismissal of Plaintiff's claims against Medical Data Systems because it has not been signed by all parties. To the extent Plaintiff and Medical Data Systems seek to dismiss the claims against Medical Data Systems pursuant to Rule 41(A)(1)(a)(ii), they must submit a joint stipulation that has been signed by all parties who have appeared in this action. Signed by Senior District Judge Charlene Edwards-Honeywell on 12/12/2023. (MMS) Modified text on 12/13/2023 (MCB).
December 12, 2023 Filing 16 Joint STIPULATION of Dismissal as to Medical Data Systems, Inc. by Odalis Higuera-Ballesteros. (Gomez, Octavio)
December 6, 2023 Opinion or Order Filing 15 60-DAY ORDER dismissing case without prejudice. After that 60-day period, however, dismissal shall be with prejudice. Any pending motions are denied as moot and the Clerk is directed to terminate all deadlines and administratively close the file. Signed by Judge Charlene Edwards Honeywell on 12/6/2023. (MMS)
December 6, 2023 Filing 14 NOTICE of settlement as to Equifax Information Services LLC by Odalis Higuera-Ballesteros. (Gomez, Octavio)
November 27, 2023 Filing 13 NOTICE of settlement as to Medical Data Systems, Inc. by Odalis Higuera-Ballesteros (Gomez, Octavio)
November 15, 2023 Opinion or Order Filing 12 ENDORSED ORDER granting #10 Defendant's Unopposed Consolidated Motion and Brief to Extend the Time for Defendant to Respond to Plaintiff's Complaint. Defendant shall file its Answer on or before December 4, 2023, pursuant to the agreement of the parties. Signed by Magistrate Judge Julie S. Sneed on November 15, 2023. (PNT)
November 13, 2023 Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Medical Data Systems, Inc.. (Aust, Jonathan)
November 13, 2023 Filing 10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Medical Data Systems, Inc.. (Attachments: #1 Text of Proposed Order)(Aust, Jonathan) Motions referred to Magistrate Judge Julie S. Sneed.
October 31, 2023 Filing 9 RETURN of service executed on 10/23/23 by Odalis Higuera-Ballesteros as to Medical Data Systems, Inc.. (Gomez, Octavio)
October 16, 2023 Filing 8 NOTICE of Lead Counsel Designation by Octavio Gomez on behalf of Odalis Higuera-Ballesteros. Lead Counsel: Octavio Gomez. (Gomez, Octavio)
October 16, 2023 Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Odalis Higuera-Ballesteros. Related case(s): No (Gomez, Octavio)
October 16, 2023 Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Odalis Higuera-Ballesteros. (Gomez, Octavio)
October 11, 2023 Filing 5 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)
October 11, 2023 Filing 4 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)
October 10, 2023 Filing 3 SUMMONS issued as to Equifax Information Services LLC, Medical Data Systems, Inc.. (HAI)
October 6, 2023 Filing 2 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Julie S. Sneed. New case number: 8:23-cv-2273-CEH-JSS. (ARC)
October 6, 2023 Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-21330107) filed by Odalis Higuera-Ballesteros. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons as to Equifax, #3 Proposed Summons as to Medical Data)(Gomez, Octavio) Modified to edit docket text on 10/10/2023 (HAI).

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Plaintiff: Odalis Higuera-Ballesteros
Represented By: Octavio Gomez
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Defendant: Equifax Information Services LLC
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Defendant: Medical Data Systems, Inc.
Represented By: Jonathan Aust
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