Toussaint v. Capital One et al
| John Toussaint |
| Capital One, Chase, Citi, Navy Federal Credit Union, TD Bank and X1 |
| 8:2023cv02688 |
| November 21, 2023 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Thomas G Wilson |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| None |
Docket Report
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This docket was last retrieved on January 4, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 SECOND AMENDED COMPLAINT against Capital One, Chase, Citi, Navy Federal Credit Union, TD Bank, X1 filed by John Toussaint. Related document: #5 Amended Complaint filed by John Toussaint.(AA) (e-portal) |
| Filing 14 Entered in Error |
| Filing 13 CORPORATE disclosure statement by John Toussaint. (AA)(e-portal) |
Filing 12
ENDORSED ORDER: The #11 Motion to Amend is GRANTED. Toussaint may file a Second Amended Complaint no later than January 12, 2024. Signed by Judge Kathryn Kimball Mizelle on 12/28/2023. (CMM)
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Filing 10
ENDORSED ORDER: As required by Local Rule 3.03, Toussaint 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. Toussaint must file the foregoing by using the template attached to Doc. #6 (also available on the undersigned's website under the "forms" tab). Toussaint must file the Disclosure Statement and Certification no later than January 5, 2024. Signed by Judge Kathryn Kimball Mizelle on 12/27/2023. (CMM)
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| Filing 11 MOTION to Amend #5 Amend Complaint, by John Toussaint. (AA) (e-portal) Modified on 12/28/2023 (AA). |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by John Toussaint. Related case(s): No (AA) (e-portal) |
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Filing 8
ENDORSED ORDER: Plaintiff entered a #7 Second Amended Complaint. Because this complaint was not entered with the opposing parties' written consent or the court's leave, see Fed. R. Civ. Pro. 15(a)(2), the Court directs the Clerk to STRIKE the #7 Second Amended Complaint. Plaintiff may move the Court to allow Plaintiff to amend Plaintiff's pleadings. Signed by Judge Kathryn Kimball Mizelle on 12/19/2023. (CMM)
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| Filing 7 **STRICKEN PER ORDER 8** FINAL AMENDED COMPLAINT against Capital One, Chase, Citi, Navy Federal Credit Union, TD Bank, X1 filed by John Toussaint. Related document: #5 Amended Complaint filed by John Toussaint. (Attachments: #1 Civil Cover Sheet) (e-portal)(AA) Modified text on 12/20/2023 (KME). |
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Filing 6
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Plaintiff 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) by December 22, 2023. Defendants must also file a Corporate Disclosure Statement within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 12/7/2023. (CMM)
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| Filing 5 AMENDED COMPLAINT against Capital One, Chase, Citi, Navy Federal Credit Union, TD Bank, X1 filed by John Toussaint. Related document: #1 Complaint, filed by John Toussaint. (Attachments: #1 Civil Cover Sheet)(AA) |
| Filing 4 SUMMONS issued as to Capital One, Chase, Citi, Navy Federal Credit Union, TD Bank, X1. (AG) |
| Filing 3 PROPOSED summons to be issued by John Toussaint. (AG) |
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Filing 2
ENDORSED ORDER: Upon review, the Court finds the #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, the complaint is made up entirely of "conclusory" and "vague" allegations. See id. at 1322. Plaintiffs' complaint is also a shotgun pleading because it fails to separate "into different counts each cause of action or claim for relief." See id. at 1323. Accordingly, the Plaintiff's complaint is DISMISSED, and the Plaintiff is granted leave to amend their complaint no later than December 19, 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 11/28/2023. (CMM)
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| FEES Paid by John Toussaint (Filing fee $402, Receipt Number TPA69542). (AM) |
| Filing 1 COMPLAINT against Capital One, Chase, Citi, Navy Federal Credit Union, TD Bank, X1 filed by John Toussaint. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Filing fee: Not paid. No IFP motion filed.)(AA) |
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