Jones v. Experian Information Solutions, Inc. et al
| Devon Dwayne Jones |
| Experian Information Solutions, Inc., Austin Capital Bank SSB and Santander Consumer USA Inc. |
| 8:2025cv03384 |
| December 11, 2025 |
| U.S. District Court for the Middle District of Florida |
| Thomas P Barber |
| Anthony E Porcelli |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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| Filing 36 USCA Order Issued as a Mandate - Dismissed for Want of Prosecution as to #34 Notice of Appeal filed by Devon Dwayne Jones. USCA number: 26-11004-EE. ***Stay lifted. (MCB) |
| Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #34 Notice of Appeal. All documents are imaged and available. USCA number: 26-11004-EE. (MCB) |
| USCA appeal fees received $605.00, receipt number TPA-74064 re #34 Notice of Appeal filed by Devon Dwayne Jones. (LSS) |
| ***11th Circuit Case Number: 26-11004-E for #34 Notice of Appeal filed by Devon Dwayne Jones. (MCB) |
| Filing 35 TRANSMITTAL of initial appeal package to the U.S. Court of Appeals - 11th Circuit re #34 Notice of Appeal. Filing fee not paid. (LD) |
| Filing 34 NOTICE OF APPEAL as to 29 Order #28 Order on Motion to Dismiss, 33 Order on Motion to Vacate, by Devon Dwayne Jones. Filing fee not paid. ***Case Stayed. (LD) |
Filing 33
ENDORSED ORDER: Plaintiff's "Motion to Reopen/Vacate Final Order of Dismissal and For Leave to File Amended Complaint Out of Time (Fed. R. Civ. P. 59(e) and/or 60(b)(1))" (Doc. #30) is denied. Under Rule 59(e), a court may alter or amend a judgment based on newly-discovered evidence or to correct manifest errors of law or fact. See Fed. R. Civ. P. 59(e). Under Rule 60(b), a court may grant relief from a judgment for "mistake, inadvertence, surprise, or excusable neglect." See Fed. R. Civ. P. 60(b)(1). Here, Plaintiff moves to reopen "on the basis of excusable neglect" and to "prevent manifest injustice" because he missed the amendment deadline by two days, but he does not explain whatsoever why he missed the deadline. Accordingly, he has not made a sufficient showing, and his motion must be denied. See Allen v. Dockery, 295 F. App'x 335, 339 (11th Cir. 2008) (vague and summary references are insufficient to support motion for relief from judgment based on excusable neglect); Sloss Industries Corp. v. Eurisol, 488 F.3d 922, 935-36 (11th Cir. 2007) (explaining that lack of detail in explaining missed deadline was fatal to motion to vacate judgment). This case remains closed. Signed by Judge Thomas P. Barber on 3/16/2026. (ANL)
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| Filing 32 JOINT RESPONSE in Opposition re #30 MOTION to Vacate #28 Order on Motion to Dismiss filed by Santander Consumer USA Inc. (Pasky, Daniel) Modified on 3/13/2026 to edit docket text (ELA). |
| Filing 31 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). (BD) |
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Filing 29
ENDORSED ORDER: The Eleventh Circuit has held that an order dismissing a complaint with leave to amend within a specified time becomes a final judgment when the plaintiff misses that deadline to amend without seeking an extension of time. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 719-20 (11th Cir. 2020). Plaintiff failed to file his amended complaint on or before February 24, 2026, so the Court's February 3, 2026, Order constitutes a final judgment. See (Doc. #28). This Order does not preclude Plaintiff from filing an appeal under Federal Rule of Appellate Procedure 3, moving to alter or amend the judgment under Federal Rule of Civil Procedure 59(e), or moving for relief from the final judgment under Federal Rule of Civil Procedure 60(b). See id. at 720. The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. Signed by Judge Thomas P. Barber on 2/27/2026. (ANL)
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| Filing 30 MOTION to Reopen/Vacate #28 Order on Motion to Dismiss, and Leave to File Amended Complaint Out of Time by Devon Dwayne Jones. (Attachments: #1 Declaration in Support, #2 Exhibit A-Amended Complaint, #3 Exhibit B-E, #4 Text of Proposed Order)(CTR) |
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Filing 28
ORDER: "Defendant Austin Capital Bank's Motion to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law" (Doc. #21) is granted in part and denied in part, as set forth herein. Plaintiff's complaint (Doc. #1) is dismissed without prejudice. Plaintiff may file an amended complaint on or before February 24, 2026, to cure the deficiencies identified in this Order. Failure to file an amended complaint as directed will result in this Order becoming a final judgment. Upon the filing of an amended complaint, all Defendants shall respond to the amended complaint in accordance with Rule 15(a)(3) of the Federal Rules of Civil Procedure. See Order for details. Signed by Judge Thomas P. Barber on 2/3/2026. (ANL)
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| Filing 27 RESPONSE in Opposition re #21 MOTION to Dismiss Plaintiff's Complaint filed by Devon Dwayne Jones. (Attachments: #1 Text of Proposed Order)(LSS) |
| Filing 26 Defendant Santander Consumer USA, Inc.'s ANSWER and affirmative defenses to #1 Complaint by Santander Consumer USA Inc. (Pasky, Daniel) Modified on 1/29/2026 to edit text. (JVC) |
| Filing 25 NOTICE of WITHDRAWAL of motion re #16 Motion to Compelfiled by Santander Consumer USA Inc. by Santander Consumer USA Inc. (Pasky, Daniel) |
| Filing 24 ANSWER and affirmative defenses to #1 Complaint by Experian Information Solutions, Inc.(Sonnenfeld, Gary). |
| Filing 23 RESPONSE in Opposition re #16 MOTION to Compel Arbitration filed by Devon Dwayne Jones. (LSS) |
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Filing 22
ENDORSED ORDER denying as moot #19 Motion for Default Judgment. The Motion for Default (Doc. 19) is denied as moot in light of Defendant Austin Capital Bank SSB's appearance (Doc. 17) and Motion to Dismiss (Doc. 21). Signed by Magistrate Judge Anthony E. Porcelli on 1/9/2026. (SEC)
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| Filing 21 MOTION to Dismiss Plaintiff's Complaint by Austin Capital Bank SSB. (Attachments: #1 Affidavit - Austin Capital Bank)(Diaz, Michelle) Modified on 1/9/2026 to edit docket text(JDR). |
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Filing 20
ENDORSED ORDER: "Plaintiff's Motion for Leave to File Electronically (Request for CM/ECF Access for Pro Se Filer" (Doc. #18) is denied. "It is the District's preferred policy to disallow pro se litigants access to electronic filing unless extenuating circumstances exist to justify waiving CM/ECF procedures." Fisher v. District School Bd. of Collier County, No. 2:10-cv-512-FtM-29SPC, 2010 WL 3522215, at *1 (M.D. Fla. Sept. 7, 2010). Plaintiff has not shown good cause to warrant receiving electronic notices of filings in this case. Signed by Judge Thomas P. Barber on 1/8/2026. (ANL)
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| Filing 19 MOTION for Entry of Default Judgment against Austin Capital Bank SSB, Experian Information Solutions, Inc., Santander Consumer USA Inc. by Devon Dwayne Jones. (Attachments: #1 Declaration of Devon Dwayne)(AW) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 18 MOTION for Leave to File Electronically by Devon Dwayne Jones. (AW) |
| Filing 17 NOTICE of Appearance by Michelle Diaz on behalf of Austin Capital Bank SSB (Diaz, Michelle) |
| Filing 16 MOTION to Compel Arbitration by Santander Counsumer USA Inc. (Attachments: #1 Exhibit Declaration Amanda Van Haren)(Pasky, Daniel) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified on 1/7/2026 as to docket text (LJC). |
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Filing 12
ENDORSED ORDER: "Defendant Experian Information Solutions, Inc.'s Motion for Extension to Respond to Plaintiff's Complaint" (Doc. #10) is granted. Experian may file its response to the complaint on or before February 5, 2026. Signed by Judge Thomas P. Barber on 12/29/2025. (ANL)
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| Filing 11 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Experian Information Solutions, Inc. identifying Corporate Parent Experian plc, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC, Other Affiliate Opt-Out Services LLC for Experian Information Solutions, Inc... (Sonnenfeld, Gary) |
| Filing 10 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Experian Information Solutions, Inc.. (Attachments: #1 Proposed Order)(Sonnenfeld, Gary) |
| Filing 9 NOTICE of Lead Counsel Designation by Gary Sonnenfeld on behalf of Experian Information Solutions, Inc. Lead Counsel: Gary D. Sonnenfeld. (Sonnenfeld, Gary) Modified text on 12/30/2025 (MCB). |
| Filing 15 RETURN of service executed on 12/16/2025 by Devon Dwayne Jones as to Santander Counsumer USA Inc. (LNR) |
| Filing 14 RETURN of service executed on 12/16/2025 by Devon Dwayne Jones as to Experian Information Solutions, Inc. (LNR) |
| Filing 13 RETURN of service executed on 12/18/2025 by Devon Dwayne Jones as to Austin Capital Bank SSB. (LNR) |
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Filing 8
ENDORSED ORDER: "Defendant Santander Consumer USA Inc.'s Unopposed Motion for Extension of Time to Respond to the Plaintiff's Complaint" (Doc. #7) is granted. Santander Consumer USA Inc. may file its response to the complaint on or before January 20, 2026. Signed by Judge Thomas P. Barber on 12/22/2025. (ANL)
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| Filing 7 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Santander Consumer USA Inc. (Pasky, Daniel) Modified docket text on 12/23/2025 (JG). |
| Filing 6 NOTICE of Appearance by Daniel James Pasky on behalf of Santander Counsumer USA Inc. (Pasky, Daniel) |
| Filing 5 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Santander Counsumer USA Inc. identifying Corporate Parent Banco Santander, S.A., Corporate Parent Santander Holdings USA Inc. for Santander Counsumer USA Inc. (Burgess, Robert) Modified on 12/19/2025 to edit docket text. (WLB). |
| Filing 4 NOTICE of Lead Counsel Appearance by Robert C. Burgess on behalf of Santander Counsumer USA Inc. (Burgess, Robert) |
| Filing 3 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. (LV) |
| Filing 2 SUMMONS issued as to Austin Capital Bank SSB, Experian Information Solutions, Inc., Santander Counsumer USA Inc. (TDC) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand; Filing fee $405, receipt number TPA73467 filed by Devon Dwayne Jones. (Attachments: #1 Exhibit A-G)(LNR) |
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