Dawkins v. The Bank of Orrick et al
| Sean Dawkins |
| The Bank of Orrick and Kendall Bank |
| 8:2023cv02830 |
| December 11, 2023 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| Kathryn Kimball Mizelle |
| Consumer Credit |
| 15 U.S.C. ยง 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 10, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 NOTICE of Withdrawal of Inadvertent Filing by The Bank of Orrick (Cummings, Brian) Modified on 1/10/2024 to edit docket text (JDR). |
| Filing 11 CORPORATE Disclosure Statement by The Bank of Orrick. (Cummings, Brian) |
Filing 10
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 12/19/2023. (ALE)
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| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Sean Dawkins. (Bonan, Thomas) |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Sean Dawkins. Related case(s): No (Bonan, Thomas) |
| Filing 7 NOTICE of Lead Counsel Designation by Thomas Martin Bonan on behalf of Sean Dawkins. Lead Counsel: Thomas M. Bonan. (Bonan, Thomas) |
| Filing 6 AMENDED COMPLAINT against All Defendants with Jury Demand. Filed by Sean Dawkins. Related document: #1 Complaint filed by Sean Dawkins. (Attachments: #1 Exhibit)(Bonan, Thomas) |
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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, the complaint 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." (footnote omitted)). Counts I and II each allege violations of both 15 U.S.C. 1681n (willful noncompliance) and 15 U.S.C. 1681o (negligent noncompliance) in the same count. Accordingly, Plaintiff's complaint is DISMISSED and Plaintiff is granted leave to amend the complaint no later than December 19, 2023. If the Plaintiff fails to amend the complaint, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 12/12/2023. (ZG)
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| Filing 4 NOTICE TO COUNSEL Thomas Martin Bonan of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) |
| Filing 3 SUMMONS issued as to Kendall Bank, The Bank of Orrick. (AJS) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Sean P. Flynn. New case number: 8:23-cv-2830-KKM-SPF. (AA) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $405 receipt number AFLMDC-21550924) filed by Sean Dawkins. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Proposed Summons, #4 Proposed Summons)(Bonan, Thomas) |
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