Smith v. Resurgent Capital Services L.P. et al
| Justice Mayes Smith |
| Resurgent Capital Services L.P. and LVNV Funding LLC |
| 0:2022cv62222 |
| November 28, 2022 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 13, 2023. A more recent docket listing may be available from PACER.
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Filing 20
Order of Dismissal. Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 1/12/2023. See attached document for full details. (zse)
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| Filing 19 STIPULATION of Dismissal by LVNV Funding LLC, Resurgent Capital Services L.P. (Marees, John) |
| Filing 18 NOTICE of Voluntary Dismissal by Justice Mayes Smith. (ebz) |
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Filing 17
PAPERLESS ORDER striking #16 Objection to Defendants' Answer with Affirmative Defenses ("Objection"). Replies to answers and affirmative defenses are not authorized without a court order. Fed R. Civ. P. 7(a)(7). Courts have required a showing of "substantial reason or extraordinary circumstances" for filing such a reply. See Strubel v. Hartford Ins. Co. of the Midwest, No. 8:09-cv-01858-T-17-TBM, 2010 WL 11507830, at *2-3 (M.D. Fla. June 18, 2010) (denying leave to file reply to affirmative defenses). Further, Rule 8 already provides that "[i]f a responsive pleading is not required, an allegation is considered denied or avoided." Fed. R. Civ. P. 8(b)(6). Sua Sponte review shows that Plaintiff's Objection is in fact a reply to Defendants' #14 Answer with Affirmative Defenses. Plaintiff has not demonstrated a need for his Objection, and thus it is STRICKEN. To the extent Plaintiff wants the Court to consider the exhibit attached to his Objection, see [ECF No. 16-1], he may offer it at an appropriate time. Signed by Judge Rodolfo A. Ruiz, II on 1/9/2023. (zse)
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| Filing 16 STRICKEN. Objection to #14 Answer to Complaint, by Justice Mayes Smith. (Attachments: #1 Attachment)(ebz) Modified per DE 17 Order on 1/10/2023 (ebz). |
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Filing 15
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 1/13/2023 Signed by Judge Rodolfo A. Ruiz, II on 12/23/2022. See attached document for full details. (ebz) Modified Joint Scheduling Report date on 12/27/2022 (ebz).
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| Set/Reset Deadlines/Hearings Joint Scheduling Report due by 1/13/2023. Per DE #15 Order. (ebz) |
| Filing 14 ANSWER and Affirmative Defenses to Complaint by LVNV Funding LLC, Resurgent Capital Services L.P.. Attorney John Michael Marees, II added to party LVNV Funding LLC(pty:dft), Attorney John Michael Marees, II added to party Resurgent Capital Services L.P.(pty:dft). (Marees, John) |
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Filing 13
ORDER DENYING MOTION FOR RECONSIDERATION: ORDER denying #10 Motion for Reconsideration re #10 MOTION for Reconsideration re #8 Order on Motion for Miscellaneous Relief, Order on Sealed Motion, filed by Justice Mayes Smith. Signed by Judge Rodolfo A. Ruiz, II on 12/14/2022. See attached document for full details. (nan)
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| Filing 12 NOTICE OF REDACTED EXHIBITS A1-A2, C1-C3, C5-C6, D1-D2, E1, G1, G6, H1-H3, AND H5 by Justice Mayes Smith (Attachments: #1 Exhibit) (ebz) |
| Filing 11 NOTICE OF UNREDACTED EXHIBITS B1-B2, C4, E2, F1-F5, G2-G5, G7, H4 by Justice Mayes Smith (Attachments: #1 Exhibit) (ebz) |
| Filing 10 MOTION FOR RECONSIDERATION OF DENIAL TO PROCEED WITHOUT PREPAYING FEES OR COST:FINDING OF FACT AND CONCLUSIONS OF LAW re #8 Order on Motion for Miscellaneous Relief, Order on Sealed Motion, by Justice Mayes Smith. (ebz) |
| Filing 9 NOTICE of Compliance re #8 Order on Motion for Miscellaneous Relief,, Order on Sealed Motion. (DE #4 Unsealed) (amb) |
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Filing 8
ORDER denying #3 Motion TO SEAL; denying #4 Sealed Motion ; granting in part and denying in part #5 Motion to Seal Exhibits. Signed by Judge Rodolfo A. Ruiz, II on 11/30/2022. See attached document for full details. (amb)
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Filing 7
ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Rodolfo A. Ruiz, II on 11/30/2022. See attached document for full details. (drz)
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| Filing 5 MOTION TO SEAL EXHIBITS by Justice Mayes Smith. (Attachments: #1 Proposed Order)(amb) |
| Filing 4 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS. (Attachments: #1 Proposed Order) (amb) Modified to Unseal on 12/1/2022 (amb). |
| Filing 3 MOTION TO SEAL APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COST by Justice Mayes Smith. (Attachments: #1 Proposed Order)(amb) |
| 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. (amb) |
| Filing 1 COMPLAINT against LVNV Funding LLC, Resurgent Capital Services L.P.. Filing fees $ 402.00. IFP Filed, filed by Justice Mayes Smith. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(amb) |
| SYSTEM ENTRY - Docket Entry 6 [misc] restricted/sealed until further notice. (amb) |
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