Packard v. Swift Home Loans, Inc.
| Melanee Packard |
| Swift Home Loans, Inc. |
| Rodney A. Max |
| 8:2025cv02075 |
| August 5, 2025 |
| U.S. District Court for the Middle District of Florida |
| John L Badalamenti |
| Christopher P Tuite |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
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| Filing 34 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JVC) |
Filing 33
TEXT ORDER. Plaintiff has filed a Notice of Voluntary Dismissal with prejudice as to her individual claims (Doc. #32). The Notice is self-executing. See Fed. R. Civ. P. 41(a)(1)(A)(i); see also Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990) (per curiam). The Court does not consider her request to dismiss without prejudice any class member's claims because "[t]he putative class represented by [Plaintiff] was never certified and never achieved this separate legal status." See Bailey v. Cumberland Cas. & Sur. Co., 180 F. App'x 862, 865 (11th Cir. 2006); see also In re: Takata Airbag Prods. Liab. Litig., No. 14-24009-CV, 2016 WL 1266609, at *5 (S.D. Fla. Mar. 11, 2016) ("If the class were never certified... there would be no class members."). Accordingly, the Clerk of Court is DIRECTED to terminate any pending deadlines and motions and close the file. Signed by Judge John L. Badalamenti on 1/29/2026. (BPC)
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| Filing 32 NOTICE of voluntary dismissal by Melanee Packard (Kaufman, Avi) |
| Filing 31 RESPONSE in Opposition re #30 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint filed by Melanee Packard. (Attachments: #1 Exhibit 1 - Piet v. Office Depot Order)(Kaufman, Avi) |
| Filing 30 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint by Swift Home Loans, Inc.. (Lawson, Christi) |
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Filing 29
TEXT ORDER denying without prejudice Defendant's Motion to Dismiss (Doc. #28) for failure to comply with Local Rule 3.01(g). Defendant's motion fails to contain a certification that the Defendant has conferred with Plaintiff in accordance with Local Rule 3.01(g)(2). This Court tends to strictly enforce its motion-related conferral requirements to foster communication between the parties, narrow or resolve issues without court involvement, and ensure that disputes are neither under nor overstated when first presented to the court for resolution. If Defendant chooses to refile its motion, it must satisfy the requirements noted in Local Rule 3.01(g). Defendant may refile their motion within fourteen (14) days of the date of this Order. Signed by Judge John L. Badalamenti on 11/4/2025. (BPC)
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| Filing 28 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint by Swift Home Loans, Inc. (Lawson, Christi) Modified text on 11/4/2025 (ABM). |
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Filing 27
TEXT ORDER denying as moot Defendant Swift Home Loans, Inc.'s Motion to Dismiss Plaintiff's Class Action Complaint (Doc. #20), in light of the filing of Plaintiff's First Amended Class Action Complaint (Doc. #26). Signed by Judge John L. Badalamenti on 10/21/2025. (CAR)
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| Filing 26 AMENDED COMPLAINT against Melanee Packard with Jury Demand. filed by Melanee Packard.(Kaufman, Avi) |
| Filing 25 NOTICE of supplemental authority re #20 MOTION to Dismiss Plaintiff's Class Action Complaint Defendant Swift Home Loans, Inc.'s Motion to Dismiss Plaintiff's Class Action Complaint by Swift Home Loans, Inc. (Lawson, Christi) Modified text on 10/21/2025 (ABM). |
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Filing 24
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 12/15/2025, Joinder of Parties due by 12/15/2025, Discovery due by 11/6/2026, Dispositive motions due by 12/4/2026, Pretrial statement due by 4/19/2027, All other motions due by 4/14/2027, Plaintiff disclosure of expert report due by 8/7/2026, Defendant disclosure of expert report due by 9/4/2026, Final Pretrial Conference set for 4/30/2027 at 01:30 PM in Zoom Video Conference before Judge John L. Badalamenti, Jury Trial set for term commencing 5/3/2027 in Tampa Courtroom 9 B before Judge John L. Badalamenti, Conduct mediation hearing by 6/11/2026. Lead counsel to coordinate dates. Signed by Judge John L. Badalamenti on 10/17/2025. (BGS)
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| Filing 23 CASE MANAGEMENT REPORT. (Kaufman, Avi) |
| Filing 22 Minute Entry. Virtual Proceedings held before Magistrate Judge Christopher P. Tuite: CASE MANAGEMENT CONFERENCE held on 10/9/2025. (Digital) (AMS) |
| Filing 21 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Swift Home Loans, Inc. (Lawson, Christi) Modified on 9/30/2025 to edit docket text. (WLB). |
| Filing 20 MOTION to Dismiss Plaintiff's Class Action Complaint DEFENDANT SWIFT HOME LOANS, INC.'S MOTION TO DISMISS PLAINTIFF'S CLASS ACTION COMPLAINT by Swift Home Loans, Inc.. (Lawson, Christi) |
| Filing 19 Case Reassigned to Judge John L. Badalamenti. New case number: 8:25-cv-2075-JLB-CPT. Judge Mary S. Scriven no longer assigned to the case. (JNB) |
| Filing 18 NOTICE of Lead Counsel Designation by Christi A. Lawson on behalf of Swift Home Loans, Inc.. Lead Counsel: Christi A. Lawson. (Lawson, Christi) |
| Filing 17 SECOND NOTICE TO COUNSEL Christi A. Lawson 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) (AR) |
| Filing 16 NOTICE RESCHEDULING HEARING. The IDEAL Case Management Conference set for October 2, 2025, is hereby rescheduled to October 9, 2025, at 9 a.m. via Zoom videoconference before Magistrate Judge Christopher P. Tuite. (TC) |
| Filing 15 NOTICE of hearing: NOTICE OF CASE MANAGEMENT CONFERENCE re: #7 Order Referring Case to U.S. Magistrate Judge for Consideration of the Inexpensive Determination, Efficient, and Abbreviated Litigation (IDEAL) Program (IDEAL Referral Order). For the reasons set forth in the IDEAL Referral Order, a case management conference is set for Thursday, October 2, 2025, at 9:00 a.m. before Magistrate Judge Christopher P. Tuite via Zoom videoconference. The parties should review the IDEAL Referral Order in advance of the hearing and be prepared to discuss any procedures that they believe could streamline discovery, motions practice, and trial. All pertinent parties will receive a Zoom videoconference invitation by separate email. Each person who participates in the proceeding must attend using his or her own device so that he or she appears on a separate screen during the videoconference. (TC) |
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Filing 14
ENDORSED ORDER granting the Parties' #13 Joint Motion for Case Management Conference. The Court will set a case management conference by separate notice. Signed by Magistrate Judge Christopher P. Tuite on 9/10/2025. (TC)
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| Filing 13 Joint MOTION for Case Management Conference re #7 Notice of Referral to IDEAL Program by Melanee Packard. (Kaufman, Avi) |
| Filing 12 NOTICE TO COUNSEL Christi A. Lawson 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). (MLB) |
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Filing 11
ENDORSED ORDER GRANTING 15 Defendant's Unopposed Motion for Extension of Time to Respond to Complaint. Defendant may file an answer or other response to the Complaint on or before September 29, 2025. Signed by Judge Mary S. Scriven on 8/26/2025. (AC)
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| Filing 10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Swift Home Loans, Inc. (Lawson, Christi) |
| Filing 9 RETURN of service executed on 8/7/2025 by Melanee Packard as to Swift Home Loans, Inc. (Coleman, Stefan) Modified docket text on 8/11/2025 (EVK). |
| Filing 8 NOTICE of Lead Counsel Designation by Avi Robert Kaufman on behalf of Melanee Packard. Lead Counsel: Avi R. Kaufman. (Kaufman, Avi) |
| Filing 7 NOTICE of Order Referring Case to U.S. Magistrate Judge for IDEAL Program. See attached Order for important deadlines and information about the IDEAL Program. (AMS) |
| Filing 6 SUMMONS issued as to Swift Home Loans, Inc. (JOS) |
| Filing 5 NOTICE TO COUNSEL Avi Robert Kaufman and Stefan Coleman 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). (JOS) |
| Filing 4 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Christopher P. Tuite. New case number: 8:25-cv-02075-MSS-CPT. (JOS) |
| Filing 3 NOTICE of a related action per Local Rule 1.07(c) by Melanee Packard. Related case(s): No (Coleman, Stefan) |
| Filing 2 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Melanee Packard. (Coleman, Stefan) |
| Filing 1 COMPLAINT against Swift Home Loans, Inc. with Jury Demand (Filing fee $405 receipt number AFLMDC-23696067) filed by Melanee Packard. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Coleman, Stefan) |
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