Bagiv v. Equifax Information Services, LLC et al
| Batsheva Bagiv |
| Equifax Information Services, LLC, Experian Information Solutions, Inc., Westlake Financial Services, LLC, Atlantic Capital Bank, N.A. and Westlake Services, LLC |
| 0:2022cv60730 |
| April 13, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 9, 2022. A more recent docket listing may be available from PACER.
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| Filing 28 MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Westlake Services, LLC. Responses due by 6/23/2022 (Williston, Gillian) |
Filing 27
PAPERLESS ORDER VACATING #22 DISCOVERY PROCEDURES ORDER. Parties are instructed to review the Discovery Practices and Procedures that can be found on the undersigned's webpage. Signed by Magistrate Judge Lauren Fleischer Louis on 6/9/2022. (nce)
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| Filing 26 ANSWER to Amended Complaint by Equifax Information Services, LLC. (Joffe, Jason) |
| Filing 25 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) - 2022-47 to Magistrate Judge Lauren Fleischer Louis. Magistrate Judge Jared M. Strauss no longer assigned to case. (bms) |
| Filing 24 ANSWER and Affirmative Defenses to Amended Complaint by Experian Information Solutions, Inc.. (Trujillo, Brian) |
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Filing 23
PAPERLESS Order Vacating DE #17 . Signed by Magistrate Judge Jared M. Strauss on 6/1/2022. (emd)
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Filing 22
"VACATED" DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 6/1/2022. See attached document for full details. (emd) Modified on 6/10/2022 (ls). (per DE #27)
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| Filing 21 Case Reassignment of Paired Magistrate Judge to Magistrate Judge Jared M. Strauss. Magistrate Judge Lurana S. Snow no longer assigned to case. (jmd) |
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Westlake Services, LLC's Unopposed Motion for Extension of Time to Respond to Plaintiff's First Amended Complaint. #18 . Therein, Defendant requests a fourteen (14) day extension of time, up to and including June 14, 2022, to file a response to Plaintiff's #16 Amended Complaint because the Parties "expect to determine within the next few weeks whether this action can be resolved at this early stage." Id. at 1. Thus, Defendant requests an extension of time to foster settlement negotiations. Id. Plaintiff does not oppose the Motion. Id. at 2. The Court finds good cause to grant Defendant's timely request for an extension of time. See Fed. R. Civ. P. 6(b). However, the Court finds that uniformity of deadlines will promote judicial economy. Therefore, the Court will exercise its discretion and will extend Westlake Services, LLC's response deadline to coincide with the deadline for its co-defendants on June 9, 2022. Accordingly, 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 Defendant Westlake Services, LLC's Unopposed Motion for Extension of Time to Respond to Plaintiff's First Amended Complaint #18 is GRANTED IN PART and DENIED IN PART. Defendant may respond to Plaintiff's #16 Amended Complaint on or before June 9, 2022. This Order does not affect any other deadlines. Signed by Judge K. Michael Moore on 6/1/2022. (elm)
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| Filing 19 Corporate Disclosure Statement by Westlake Services, LLC identifying Other Affiliate Nowlake Technology, LLC, Other Affiliate Westlake Services Holding Company, Other Affiliate MAI Holding, LLC for Westlake Services, LLC (Williston, Gillian) |
| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs First Amended Complaint by Westlake Services, LLC. Attorney Gillian DiFilippo Williston added to party Westlake Services, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Williston, Gillian) |
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Filing 17
(VACATED per DE 23 Paperless Order) GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES Signed by Magistrate Judge Lurana S. Snow on 5/24/2022. See attached document for full details. (pc) Text Modified on 6/2/2022 (amb).
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| Filing 16 First AMENDED COMPLAINT against Atlantic Capital Bank, N.A., Equifax Information Services, LLC, Experian Information Solutions, Inc., Westlake Services, LLC, filed by Batsheva Bagiv.(Zeig, Justin) |
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Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Equifax Information Services LLC's Unopposed Motion for Extension of Time to Respond to Complaint. #13 . Therein, Defendant requests an extension of time, up to and including June 10, 2022, to file a response to Plaintiff's Complaint to permit Defendant "additional time to investigate and respond to the allegations and claims made by Plaintiff and so that the parties may potentially engage in settlement negotiations." Id. at 1. Plaintiff does not oppose the Motion. Id. at 2. The Court finds good cause to grant Defendant's timely request for an extension of time. See Fed. R. Civ. P. 6(b). However, the Court finds that uniformity of deadlines will promote judicial economy. Therefore, the Court will exercise its discretion and will extend the deadline for Equifax to respond one day earlier, on June 9, 2022, to coincide with co-Defendant Experian's deadline. See (ECF No. 12). Accordingly, 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 Defendant Equifax Information Services LLC's Unopposed Motion for Extension of Time to Respond to Complaint #11 is GRANTED IN PART and DENIED IN PART. Defendant Equifax Information Services LLC may respond to Plaintiff's #1 Complaint on or before June 9, 2022. This Order does not affect any other deadlines. Signed by Judge K. Michael Moore on 5/11/2022. (elm)
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| Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement by Equifax Information Services, LLC identifying Corporate Parent Equifax Inc. for Equifax Information Services, LLC (Joffe, Jason) |
| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Equifax Information Services, LLC. Attorney Jason Daniel Joffe added to party Equifax Information Services, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Joffe, Jason) |
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Experian Information Solutions, Inc.'s Unopposed Motion for Extension of Time to Respond to Complaint. #11 . Therein, Defendant requests a thirty (30) day extension of time, up to and including June 9, 2022, to file a response to Plaintiff's Complaint to permit Defendant "sufficient time to investigate the allegations in the Complaint, prepare an appropriate and meaningful response to the Complaint, and if at all possible, pursue settlement negotiations." Id. at 2. Plaintiff does not oppose the Motion. Id. The Court finds good cause to grant Defendant's timely request for an extension of time. See Fed. R. Civ. P. 6(b). Accordingly, 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 Defendant Experian Information Solutions, Inc.'s Unopposed Motion for Extension of Time to Respond to Complaint #11 is GRANTED. Defendant Experian Information Solutions, Inc. may respond to Plaintiff's #1 Complaint on or before June 9, 2022. This Order does not affect any other deadlines. Signed by Judge K. Michael Moore on 5/10/2022. (elm)
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| Filing 11 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 Granting Unopposed Motion for Extension of Time to Respond to Complaint)(Trujillo, Brian) |
| Filing 10 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. (Trujillo, Brian) |
| Filing 9 NOTICE of Attorney Appearance by Brian Miguel Trujillo on behalf of Experian Information Solutions, Inc.. Attorney Brian Miguel Trujillo added to party Experian Information Solutions, Inc.(pty:dft). (Trujillo, Brian) |
| Filing 8 Clerks Notice to Filer re #6 Summons Returned Executed, #7 Summons Returned Executed,. Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (ls) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Batsheva Bagiv. Atlantic Capital Bank, N.A. served on 4/19/2022, response/answer due 5/10/2022. (Zeig, Justin) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Batsheva Bagiv. Equifax Information Services, LLC served on 4/19/2022, response/answer due 5/10/2022. (Zeig, Justin) |
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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 Judge 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 Snow's discovery procedures. Signed by Judge K. Michael Moore on 4/14/2022. (elm)
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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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) 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 Judge K. Michael Moore on 4/14/2022. (elm)
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| Filing 3 Summons Issued as to Atlantic Capital Bank, N.A., Equifax Information Services, LLC, Experian Information Solutions, Inc., Westlake Financial Services, LLC. (jua) |
| Filing 2 Clerks Notice of Judge Assignment to 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. 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. (jua) |
| Filing 1 COMPLAINT Batsheva Bagiv against Atlantic Capital Bank, N.A., Equifax Information Services, LLC, Experian Information Solutions, Inc., Westlake Financial Services, LLC. Filing fees $ 402.00 receipt number AFLSDC-15556425, filed by Batsheva Bagiv. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s))(Zeig, Justin) |
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