Tuminelli v. Equifax Information Services LLC et al
| Ryan Tuminelli |
| Comenity LLC, Bank of America Corporation, Experian Information Solutions Inc., Discover Financial Services LLC, Equifax Information Services LLC and Nelnet Inc. |
| 0:2021cv60448 |
| February 25, 2021 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Jared M Strauss |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 23, 2021. A more recent docket listing may be available from PACER.
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Filing 76
ORDER OF DISMISSAL as to Discover Financial Services LLC Signed by Judge Rodolfo A. Ruiz, II on 8/23/2021. See attached document for full details. (pcs)
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Filing 75
ORDER OF DISMISSAL as to Bank of America Corporation Signed by Judge Rodolfo A. Ruiz, II on 8/23/2021. See attached document for full details. (pcs)
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| Filing 74 STIPULATION of Dismissal as to BANK OF AMERICA only by Ryan Tuminelli (Distasio, John) |
| Filing 73 STIPULATION of Dismissal as to DISCOVER only by Ryan Tuminelli (Distasio, John) |
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Filing 72
ORDER OF DISMISSAL as to Comenity LLC Signed by Judge Rodolfo A. Ruiz, II on 7/30/2021. See attached document for full details. (pcs)
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Filing 71
ORDER OF DISMISSAL as to Equifax Information Services LLC Signed by Judge Rodolfo A. Ruiz, II on 7/30/2021. See attached document for full details. (pcs)
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| Filing 70 STIPULATION of Dismissal with Prejudice by Equifax Information Services LLC (Esposito, Tonya) |
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Filing 69
ORDER ADMINISTRATIVELY CLOSING CASE. Signed by Judge Rodolfo A. Ruiz, II on 7/28/2021. See attached document for full details. (co)
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| Filing 68 NOTICE of Settlement as to Bank of America only by Ryan Tuminelli (Distasio, John) |
| Filing 67 STIPULATION of Dismissal as to COMENITY only by Ryan Tuminelli (Distasio, John) |
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Filing 66
PAPERLESS ORDER REQUIRING INFORMAL SETTLEMENT CONFERENCE. Plaintiff Ryan Tuminelli and Defendant Bank of America Corporation are hereby ORDERED to conduct an informal settlement conference for a minimum of two (2) hours by July 30, 2021. A representative with settlement authority must attend the informal settlement conference or be available telephonically. Additionally, the parties shall file a Joint Notice of Compliance and Status Report certifying compliance with this Order and providing a report on the status of discussions by July 30, 2021. Signed by Judge Rodolfo A. Ruiz, II on 7/19/2021. (co)
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Filing 65
PAPERLESS ORDER Requiring Stipulation of Dismissal as to Comenity LLC. On June 17, 2021, the parties filed a Notice of Pending Settlement as to Comenity LLC Only [ECF No. 62] ("Notice"). Pursuant to the Notice, Plaintiff Ryan Tuminelli and Defendant Comenity agreed to file the appropriate dismissal documents once the parties finalized the settlement agreement and general release documents. To date, the parties have not filed their joint stipulation of dismissal as to Defendant Comenity. Accordingly, it is ORDERED that the parties shall, by July 26, 2021, file a stipulation of dismissal or alternatively request an extension of time to do so if settlement negotiations are still ongoing. Failure to comply with this Order will result in a dismissal of Defendant Comenity without further notice. Signed by Judge Rodolfo A. Ruiz, II on 7/19/2021. (co)
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| Filing 64 NOTICE of Settlement as to DISCOVER only by Ryan Tuminelli (Distasio, John) |
| Filing 63 NOTICE of Settlement as to EQUIFAX only by Ryan Tuminelli (Distasio, John) |
| Filing 62 NOTICE of Settlement as to Comenity only by Ryan Tuminelli (Distasio, John) |
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Filing 61
ORDER OF DISMISSAL as to Experian Information Solutions Inc. Signed by Judge Rodolfo A. Ruiz, II on 5/26/2021. See attached document for full details. (pcs)
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| Filing 60 STIPULATION of Dismissal as to EXPERIAN only by Ryan Tuminelli (Distasio, John) |
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Filing 59
ORDER Scheduling Mediation before James R. Betts Mediation Hearing set for 9/8/2021 01:00 PM Signed by Judge Rodolfo A. Ruiz, II on 5/24/2021. See attached document for full details. (pcs)
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Filing 58
PAPERLESS ORDER Requiring Stipulation of Dismissal as to Experian Information Solutions, Inc. On April 29, 2021, the parties filed a Notice of Pending Settlement as to Experian Information Solutions Inc. Only [ECF No. 49] ("Notice"). Pursuant to the Notice, Plaintiff Ryan Tuminelli and Defendant Experian agreed to file the appropriate dismissal documents once the parties finalized the settlement agreement and general release documents. To date, the parties have not filed their joint stipulation of dismissal as to Defendant Experian. Accordingly, it is ORDERED that the parties shall, by June 1, 2021, file a stipulation of dismissal or alternatively request an extension of time to do so if settlement negotiations are still ongoing. Failure to comply with this Order will result in a dismissal of Defendant Experian without further notice. Signed by Judge Rodolfo A. Ruiz, II on 5/24/2021. (co)
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Filing 57
CONFIDENTIALITY ORDER. Signed by Magistrate Judge Jared M. Strauss on 5/19/2021. See attached document for full details. (Attachments: #1 Exhibit 1) (emd)
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Filing 56
PAPERLESS ORDER denying #55 Motion for Protective Order. See DE #48 at p. 7. Signed by Magistrate Judge Jared M. Strauss on 5/19/2021. (emd)
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| Filing 55 Joint MOTION for Protective Order and Confidentiality by Discover Financial Services LLC. (Attachments: #1 Text of Proposed Order)(Solano, Sara) |
| Filing 54 NOTICE of Mediator Selection and Hearing. Selected/Added Ryan Tuminelli, James Betts as Mediator. Mediation Hearing set for 9/8/2021 at 1:00 PM. (Distasio, John) |
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Filing 53
ORDER OF DISMISSAL, dismissing Defendant Nelnet Inc. Signed by Judge Rodolfo A. Ruiz, II on 5/5/2021. See attached document for full details. (pcs)
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| Filing 52 ANSWER and Affirmative Defenses to Amended Complaint by Comenity LLC. (McHale, Charles) |
| Filing 51 STIPULATION of Dismissal as to NELNET only by Ryan Tuminelli (Distasio, John) |
| Filing 50 ANSWER and Affirmative Defenses to Amended Complaint by Discover Financial Services LLC. (Solano, Sara) |
| Filing 49 NOTICE of Settlement as to EXPERIAN only by Ryan Tuminelli (Distasio, John) |
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Filing 48
DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 4/27/2021. See attached document for full details. (emd)
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Filing 47
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 1/18/2022 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 1/11/2022 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 6/7/2021., Discovery due by 9/21/2021., Expert Discovery due by 9/21/2021., Joinder of Parties due by 6/7/2021., Mediation Deadline 9/28/2021., In Limine Motions due by 11/2/2021., Dispositive Motions due by 10/5/2021., Motions due by 10/5/2021., Pretrial Stipulation due by 11/2/2021.), ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 4/26/2021. See attached document for full details. (pcs) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 46 First AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Ryan Tuminelli.(Distasio, John) |
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Filing 45
PAPERLESS ORDER granting #44 Plaintiff's Unopposed Motion For Leave to Amend Complaint. Denying as moot #41 Nelnet's Motion to Dismiss; granting #44 Motion to Amend/Correct. Clerk's Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Rodolfo A. Ruiz, II on 4/21/2021. (co)
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| Filing 44 Unopposed MOTION for Leave to File Amended Complaint by Ryan Tuminelli. (Attachments: #1 Exhibit Ex. 1)(Distasio, John) |
| Filing 43 ANSWER and Affirmative Defenses to Complaint by Equifax Information Services LLC. (Esposito, Tonya) |
| Filing 42 ANSWER and Affirmative Defenses to Complaint by Experian Information Solutions Inc.. (Abreu, Ephraim) |
| Filing 41 MOTION to Dismiss #1 Complaint or for More Definite Statement by Nelnet Inc.. Responses due by 4/21/2021 (Berry, Naomi) |
| Filing 40 Joint SCHEDULING REPORT - Rule 16.1 by Ryan Tuminelli (Distasio, John) |
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Filing 39
PAPERLESS ORDER regarding #38 Comenity, LLC's Response to Order to Show Cause. Having reviewed counsel's explanation for missing today's status conference, the Court is all too familiar with the perilsand oftentimes the necessityof allowing young children access to one's cell phone in order to keep them entertained. Combined with the technological failures outlined in the Response, today can only be described as a "terrible, horrible, no good, very bad day" for counsel. See Judith Viorst, Alexander and the Terrible, Horrible, No Good, Very Bad Day (2d. ed. 1987). The Court is sufficiently assured that counsel will not miss any future status conferences, and wishes him and all counsel on this case a nice weekend. Signed by Judge Rodolfo A. Ruiz, II on 3/26/2021. (co)
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| Filing 38 RESPONSE TO ORDER TO SHOW CAUSE re 36 Order to Show Cause,, by Comenity LLC. (McHale, Charles) |
| Filing 37 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement Defendant, Nelnet, Inc.'s Certificate of Interested Persons and Corporate Disclosure Statement by Nelnet Inc. identifying Other Affiliate Nelnet Diversified Solutions, LLC, Other Affiliate Nelnet Servicing, LLC for Nelnet Inc. (Berry, Naomi) |
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Filing 36
PAPERLESS ORDER TO SHOW CAUSE. On March 15, 2021, the Court ordered the parties to appear for a telephonic status conference on Friday, March 26, 2021 at 2:00 P.M. However, counsel for Comenity, LLC did not appear at the status conference. It is therefore ORDERED AND ADJUDGED that on or before March 29, 2021, Comenity, LLC shall file a written response showing cause as to why it failed to appear at the status conference. Failure by Comenity, LLC to file a written response will result in sanctions without further notice. Show Cause Response due by 3/29/2021. Signed by Judge Rodolfo A. Ruiz, II on 3/26/2021. (co)
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| Filing 35 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 3/26/2021. Attorney Appearance(s): Brian Alexander Wolf, Sara L. Solano, Tonya M. Esposito, Ephraim David Abreu, Naomi Massave Berry, John C Distasio, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp) |
| Filing 34 ANSWER and Affirmative Defenses to Complaint by Discover Financial Services LLC. (Solano, Sara) |
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Filing 33
PAPERLESS ORDER granting #32 Defendant, Nelnet, Inc.'s Unopposed Motion for Extension of Time to Respond to Complaint. Defendant shall file its response to Plaintiff's Complaint by Thursday, April 8, 2021. Signed by Judge Rodolfo A. Ruiz, II on 3/25/2021. (co)
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| Filing 32 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Nelnet Inc.. (Attachments: #1 Text of Proposed Order Order on Defendant Nelnet Inc.'s Unopposed Motion for Extension of Time To Respond to Complaint)(Berry, Naomi) |
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Filing 31
PAPERLESS ORDER granting in part #26 Consent Motion for Extension of Time for Defendant Equifax Information Services, LLC to Answer or Otherwise Respond to Plaintiff's Complaint. Defendant shall file its response to Plaintiff's Complaint by Friday, April 9, 2021. Signed by Judge Rodolfo A. Ruiz, II on 3/25/2021. (co)
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| Filing 30 ANSWER and Affirmative Defenses to Complaint by Bank of America Corporation. (Wolf, Brian) |
| Filing 29 ANSWER and Affirmative Defenses to Complaint by Comenity LLC. Attorney Charles James McHale, Jr added to party Comenity LLC(pty:dft). (McHale, Charles) |
| Filing 28 Corporate Disclosure Statement by Equifax Information Services LLC identifying Corporate Parent Equifax Inc. for Equifax Information Services LLC (Esposito, Tonya) |
| Filing 27 Notice of NO Pending, Refiled, Related or Similar Actions by Equifax Information Services LLC (Esposito, Tonya) |
| Filing 26 Consent MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Equifax Information Services LLC. Attorney Tonya M. Esposito added to party Equifax Information Services LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Esposito, Tonya) |
| Filing 25 Certificate of Other Affiliates/Corporate Disclosure Statement by Ryan Tuminelli (Distasio, John) |
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Filing 24
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Joint Scheduling Report due by 3/29/2021 Signed by Judge Rodolfo A. Ruiz, II on 3/22/2021. See attached document for full details. (pcs)
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Filing 23
PAPERLESS ORDER granting in part #22 Defendant Experian Information Solutions, Inc.'s Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall file its response to Plaintiff's Complaint by Thursday, April 8, 2021. Signed by Judge Rodolfo A. Ruiz, II on 3/19/2021. (co)
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Experian Information Solutions Inc.. (Attachments: #1 Text of Proposed Order)(Abreu, Ephraim) |
| Filing 21 Certificate of Other Affiliates/Corporate Disclosure Statement 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 Opt-Out Services LLC, Other Affiliate VantageScore Solutions LLC for Experian Information Solutions Inc. (Abreu, Ephraim) |
| Filing 20 NOTICE of Attorney Appearance by Ephraim David Abreu on behalf of Experian Information Solutions Inc.. Attorney Ephraim David Abreu added to party Experian Information Solutions Inc.(pty:dft). (Abreu, Ephraim) |
| Filing 19 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Bank of America Corporation identifying Corporate Parent BANA Holding Corporation, Corporate Parent BAC North America Holding Company, Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation for Bank of America Corporation (Wolf, Brian) |
| Filing 18 Certificate of Other Affiliates/Corporate Disclosure Statement by Discover Financial Services LLC (Solano, Sara) |
| Filing 17 NOTICE of Attorney Appearance by Sara L. Solano on behalf of Discover Financial Services LLC. Attorney Sara L. Solano added to party Discover Financial Services LLC(pty:dft). (Solano, Sara) |
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Filing 16
PAPERLESS ORDER setting telephonic status conference. The Court will hold a case management conference on Friday, March 26, 2021 at 2:00 P.M. The parties are instructed to call 1-877-402-9753 by no later than 1:55 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e. not a cellular phone or a speaker phone) if possible, for clarity. Signed by Judge Rodolfo A. Ruiz, II on 3/15/2021. (co)
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| Filing 15 NOTICE of Attorney Appearance by Brian Alexander Wolf on behalf of Bank of America Corporation. Attorney Brian Alexander Wolf added to party Bank of America Corporation(pty:dft). (Wolf, Brian) |
| Filing 14 NOTICE of Attorney Appearance by Jason Richard Bowyer on behalf of Bank of America Corporation. Attorney Jason Richard Bowyer added to party Bank of America Corporation(pty:dft). (Bowyer, Jason) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ryan Tuminelli. Nelnet Inc. served on 3/4/2021, answer due 3/25/2021. (Distasio, John) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ryan Tuminelli. Discover Financial Services LLC served on 3/4/2021, answer due 3/25/2021. (Distasio, John) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ryan Tuminelli. Comenity LLC served on 3/4/2021, answer due 3/25/2021. (Distasio, John) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ryan Tuminelli. Bank of America Corporation served on 3/4/2021, answer due 3/25/2021. (Distasio, John) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ryan Tuminelli. Equifax Information Services LLC served on 3/5/2021, answer due 3/26/2021. (Distasio, John) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ryan Tuminelli. Experian Information Solutions Inc. served on 3/4/2021, answer due 3/25/2021. (Distasio, John) |
| Filing 7 NOTICE of Attorney Appearance by Naomi Massave Berry on behalf of Nelnet Inc.. Attorney Naomi Massave Berry added to party Nelnet Inc.(pty:dft). (Berry, Naomi) |
| Filing 6 Summons Issued as to Experian Information Solutions Inc.. (pcs) |
| Filing 5 NOTICE of Filing Proposed Summons(es) by Ryan Tuminelli (Attachments: #1 Summon(s) as to EXPERIAN) (Distasio, John) |
| Filing 4 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) for party Experian Information Solutions Inc. does not match the initiating documents (pcs) |
| Filing 3 Summons Issued as to Bank of America Corporation, Comenity LLC, Discover Financial Services LLC, Equifax Information Services LLC, Nelnet Inc.. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14451922, filed by Ryan Tuminelli. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Distasio, John) |
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