Ayala v. Midland Credit Management, LLC et al
Plaintiff: Virginia Ayala
Defendant: Midland Funding, LLC and Midland Credit Management, LLC
Case Number: 0:2020cv62494
Filed: December 4, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Roy K Altman
Referring Judge: Patrick M Hunt
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 26, 2021 Filing 14 ACKNOWLEDGMENT OF RECEIPT as to #12 Order on Motion to Remand,,, Order on Motion to Dismiss for Failure to State a Claim,, #13 Transmittal Letter Sent (drz)
January 11, 2021 Filing 13 Transmittal Letter Sent with 17th Judicial Circuit, Broward County, FL to: Order Granting in Part Motion to Remand. State Court Case Number: COCE-20-027968 (drz)
January 11, 2021 Opinion or Order Filing 12 ORDER granting in part and denying in part #4 Motion to Remand; denying as moot #5 Motion to Dismiss for Failure to State a Claim. This case is REMANDED to the Circuit Court of the Seventeenth Judicial Circuit inand for Broward County, Florida. Each party shall bear its own costs and attorneys fees in connection with the removaland remand. The Clerk shall CLOSE this case. All pending hearings and deadlines are CANCELLED, and any pending motions are DENIED AS MOOT. Signed by Judge Roy K. Altman on 1/11/2021. See attached document for full details. (drz)
January 11, 2021 Civil Case Terminated per Order DE#12 . Closing Case. (drz)
January 7, 2021 Filing 11 REPLY to Response to Motion re #4 MOTION to Remand filed by Virginia Ayala. (Attachments: #1 Exhibit A)(Patti, Thomas)
December 31, 2020 Filing 10 RESPONSE to Motion re #4 MOTION to Remand filed by Midland Credit Management, LLC, Midland Funding, LLC. Replies due by 1/7/2021. (Rothschild, Philip)
December 28, 2020 Opinion or Order Filing 9 PAPERLESS ORDER granting the #8 Joint Motion for Extensions of Time. The Defendant shall respond to the #4 Plaintiffs Motion to Remand, and the Plaintiff shall respond to the #5 Defendants Motion to Dismiss by December 31, 2020. Signed by Judge Roy K. Altman on 12/28/2020. (kge)
December 24, 2020 Filing 8 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #4 MOTION to Remand , #5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM through December 31, 2020 by Midland Credit Management, LLC, Midland Funding, LLC. (Attachments: #1 Text of Proposed Order)(Rothschild, Philip)
December 14, 2020 Filing 7 NOTICE OF COURT PRACTICE IN REMOVAL CASES., ( Status Report due by 1/13/2021.) Signed by Judge Roy K. Altman on 12/14/2020. See attached document for full details. (drz)
December 14, 2020 Opinion or Order Filing 6 ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 1/13/2021 Signed by Judge Roy K. Altman on 12/14/2020. See attached document for full details. (drz)
December 11, 2020 Filing 5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Midland Credit Management, LLC, Midland Funding, LLC. Responses due by 12/28/2020 (Eichhorn, Cory)
December 11, 2020 Filing 4 MOTION to Remand by Virginia Ayala. (Patti, Thomas)
December 4, 2020 Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz)
December 4, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Patrick M. Hunt. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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. (drz)
December 4, 2020 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Statement of Claim) Filing fee $ 402.00 receipt number AFLSDC-13981436, filed by Midland Funding, LLC, Midland Credit Management, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Summons and Complaint (state court filings))(Rothschild, Philip) Modified on 12/4/2020 (drz). ( No Answer, Affirmative Defenses or Motion to Dismiss filed in State Court)

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Defendant: Midland Funding, LLC
Represented By: Cory William Eichhorn
Represented By: Philip E. Rothschild
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Defendant: Midland Credit Management, LLC
Represented By: Cory William Eichhorn
Represented By: Philip E. Rothschild
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Plaintiff: Virginia Ayala
Represented By: Thomas John Patti, III
Represented By: Jibrael Jarallah Said Hindi
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