Johnson v. Equifax Information Services, LLC et al
| James Johnson |
| USAA Federal Savings Bank, Santander Consumer USA, Inc., Trans Union, LLC, RAC Acceptance East, LLC, General Motors Financial Company, Inc., Equifax Information Services, LLC and RAC Acceptance East, LLC a foreign limited liability company doing business as Acceptance Now |
| 0:2018cv61964 |
| August 21, 2018 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Lurana S Snow |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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| Filing 38 STIPULATION of Dismissal by James Johnson (Dave, Timothy) |
Filing 37
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Counsel's Motion to Withdraw #35 . Local Rule 11.1(d)(3) states "[n]o attorney shall withdraw the attorney's appearance in any action or proceeding except by leave of Court after notice served on the attorneys client and opposing counsel. A motion to withdraw shall include a current mailing address for the attorney's client or the client's counsel." Here, Counsel provided no indication that they served notice of withdrawal on Plaintiff. Further, Counsel stated that further Pleadings may be served on Plaintiff's counsel, Gary D. Nitzkin, P.C, however Gary D. Nitzkin, P.C has not appeared in this matter. Accordingly, UPON CONSIDERATION of the Motion #35 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Timothy L. Dave, Esq.'s Motion #35 is DENIED WITHOUT PREJUDICE. Signed by Chief Judge K. Michael Moore on 2/12/2019. (ah03)
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| Filing 36 NOTICE by James Johnson re #35 MOTION to Withdraw as Attorney by Timothy L. Dave for / (Attachments: #1 Text of Proposed Order) (Dave, Timothy) |
| Filing 35 MOTION to Withdraw as Attorney by Timothy L. Dave for / by James Johnson. Responses due by 2/25/2019 (Dave, Timothy) |
| Filing 34 NOTICE of Attorney Appearance by Timothy Lamont Dave on behalf of James Johnson. Attorney Timothy Lamont Dave added to party James Johnson(pty:pla). (Dave, Timothy) |
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Filing 33
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On August 23, 2018, this Court entered a Pretrial Order 4 requiring the Parties to file a joint scheduling report within ten (10) days of their joint scheduling conference, which was to be held no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurred first. The Order cautioned, "[f]ailure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorneys fees and costs." The deadline for filing a joint scheduling report has passed and no extension of time has been requested. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is instructed to CLOSE this case. All pending motions are DENIED AS MOOT. The Parties may move to reopen this matter upon filing a joint scheduling report. Signed by Chief Judge K. Michael Moore on 10/31/2018. (ah03)
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| Filing 32 ANSWER and Affirmative Defenses to Complaint by Trans Union, LLC. (Cosmen, Franklin) |
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Filing 31
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Joint Stipulation to Arbitrate #30 . Therein, the parties state that "Plaintiff and [Defendant Santander Consumer USA Inc.] have... agreed to arbitrate all of the claims against [Defendant Santander Consumer USA Inc.] in this case pursuant to the parties' arbitration agreement." #30 at 1. Additionally, the Parties request Defendant Santander Consumer USA Inc. be dismissed from the above-styled action without prejudice. Accordingly, UPON CONSIDERATION of the Stipulation #30 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the above-styled action shall be DISMISSED WITHOUT PREJUDICE as to Defendant Santander Consumer USA Inc. Signed by Chief Judge K. Michael Moore on 10/19/2018. (ah03)
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| Filing 30 STIPULATION to Arbitrate (Joint) by Santander Consumer USA, Inc. (Attachments: #1 Exhibit A - Agreed Order)(Springfield, Robert) |
| Filing 29 MOTION to Compel Arbitration ( Responses due by 11/1/2018), MOTION to Stay Action by RAC Acceptance East, LLC. (Attachments: #1 Exhibit 1 - Declaration in Support of RAC Acceptance East, LLC's Motion to Compel, #2 Exhibit A - to Declaration, #3 Exhibit B - to Declaration)(Liebler, James) |
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Filing 28
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant USAA Federal Savings Bank's Motion for Extension of Time to respond to the Complaint. #27 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #27 is GRANTED. Defendant shall respond to the Complaint on or before November 9, 2018. Signed by Chief Judge K. Michael Moore on 10/10/2018. (jm01)
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| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by USAA Federal Savings Bank. Attorney Colleen E. Miller added to party USAA Federal Savings Bank(pty:dft). (Miller, Colleen) |
| Filing 26 Certificate of Interested Parties/Corporate Disclosure Statement by General Motors Financial Company, Inc. identifying Corporate Parent General Motors Holdings, LLC, Corporate Parent General Motors Company for General Motors Financial Company, Inc. (Springfield, Robert) |
| Filing 25 ANSWER and Affirmative Defenses to Complaint by General Motors Financial Company, Inc.. Attorney Robert Franklin Springfield added to party General Motors Financial Company, Inc.(pty:dft). (Springfield, Robert) |
| Filing 24 Corporate Disclosure Statement by Equifax Information Services, LLC identifying Corporate Parent Equifax Inc. for Equifax Information Services, LLC (Love, John) |
| Filing 23 ANSWER to Complaint by Equifax Information Services, LLC. Attorney John Anthony Love added to party Equifax Information Services, LLC(pty:dft). (Love, John) |
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Filing 22
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Santander Consumer USA Inc.'s Unopposed Motion for an Extension of Time to File a Respond to the Complaint. #21 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #21 is GRANTED. Defendant Santander Consumer USA Inc. shall respond to the Complaint on or before October 19, 2018. Signed by Chief Judge K. Michael Moore on 10/5/2018. (jm01)
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| Filing 21 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Santander Consumer USA, Inc.. (Attachments: #1 Text of Proposed Order)(Agnello, Nicholas) |
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Trans Union LLC's Unopposed Motion for an Extension of Time to File a Respond to the Complaint. #16 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #16 is GRANTED IN PART and DENIED IN PART. Defendant Trans Union LLC shall respond to the Complaint on or before October 19, 2018. Signed by Chief Judge K. Michael Moore on 10/5/2018. (jm01)
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Rac Acceptance East, LLC d/b/a Acceptance Now's Unopposed Motion for an Extension of Time to File a Respond to the Complaint. #15 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #15 is GRANTED. Defendant Rac Acceptance East, LLC d/b/a Acceptance Now shall respond to the Complaint on or before October 19, 2018. Signed by Chief Judge K. Michael Moore on 10/5/2018. (jm01)
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| Filing 18 NOTICE of Attorney Appearance by Ira Scott Silverstein on behalf of RAC Acceptance East, LLC. Attorney Ira Scott Silverstein added to party RAC Acceptance East, LLC(pty:dft). (Silverstein, Ira) |
| Filing 17 Certificate of Interested Parties/Corporate Disclosure Statement by Trans Union, LLC identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Corporate Parent TransUnion, Other Affiliate T. Rowe Price Group, Inc. for Trans Union, LLC (Cosmen, Franklin) |
| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Trans Union, LLC. Attorney Franklin Gordon Cosmen, Jr added to party Trans Union, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Cosmen, Franklin) |
| Filing 15 Unopposed MOTION for Extension of Time File Response to Complaint re #1 Complaint, by RAC Acceptance East, LLC. Responses due by 10/19/2018 (Attachments: #1 Text of Proposed Order)(Liebler, James) |
| Filing 14 NOTICE of Attorney Appearance by James Randolph Liebler, II on behalf of RAC Acceptance East, LLC. Attorney James Randolph Liebler, II added to party RAC Acceptance East, LLC(pty:dft). (Liebler, James) |
| Filing 13 NOTICE of Attorney Appearance by Nicholas Steven Agnello on behalf of Santander Consumer USA, Inc.. Attorney Nicholas Steven Agnello added to party Santander Consumer USA, Inc.(pty:dft). (Agnello, Nicholas) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by James Johnson. USAA Federal Savings Bank served on 9/19/2018, answer due 10/10/2018. (Shipwash, Tennille) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by James Johnson. RAC Acceptance East, LLC served on 9/18/2018, answer due 10/9/2018. (Shipwash, Tennille) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by James Johnson. Santander Consumer USA, Inc. served on 9/14/2018, answer due 10/5/2018. (Shipwash, Tennille) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by James Johnson. General Motors Financial Company, Inc. served on 9/17/2018, answer due 10/9/2018. (Shipwash, Tennille) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by James Johnson. Trans Union, LLC served on 9/17/2018, answer due 10/9/2018. (Shipwash, Tennille) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by James Johnson. Equifax Information Services, LLC served on 9/17/2018, answer due 10/9/2018. (Shipwash, Tennille) |
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Filing 6
GENERAL ORDER on Discovery Objections and Procedures. Signed by Magistrate Judge Lurana S. Snow on 8/24/2018. See attached document for full details. (ls)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lurana S. Snows discovery procedures, which the parties shall be advised of by the entry of an Order. Signed by Chief Judge K. Michael Moore on 8/23/2018. (mll)
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Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 8/23/2018. (mll)
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| Filing 3 Summons Issued as to Equifax Information Services, LLC, General Motors Financial Company, Inc., RAC Acceptance East, LLC, Santander Consumer USA, Inc., Trans Union, LLC, USAA Federal Savings Bank. (dj) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (dj) |
| Filing 1 COMPLAINT and Demand for Jury against Equifax Information Services, LLC, General Motors Financial Company, Inc., RAC Acceptance East, LLC, Santander Consumer USA, Inc., Trans Union, LLC, USAA Federal Savings Bank. Filing fees $ 400.00 receipt number 113C-10926604, filed by James Johnson. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Shipwash, Tennille) |
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