Spencer v. Atlantic Recovery Solutions, LLC et al
| Kevin Spencer |
| Atlantic Recovery Solutions, LLC, DNF Associates, LLC, HSBC Bank USA, N.A., TD Bank, N.A., Equifax Information Services LLC, Experian Information Solutions, Inc. and Trans Union, LLC |
| 0:2023cv60743 |
| April 20, 2023 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| 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 14, 2023. A more recent docket listing may be available from PACER.
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Filing 30
ORDER ON NOTICE OF SETTLEMENT. Denying as moot #28 Motion for Extension of Time to Respond to Plaintiff's Complaint. The parties shall file a stipulation for dismissal as to Defendant TD BANK, N.A. within thirty (30) days of this Order. If the parties fail to complete the expected settlement, either party may notify the Court. Signed by Judge Raag Singhal on 6/14/2023. See attached document for full details. (nan) Modified text on 6/16/2023 (pes).
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| Filing 29 NOTICE of Settlement as to TD BANK, N.A. by Kevin Spencer (Sanders, Craig) |
| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by TD Bank, N.A.. (Attachments: #1 Text of Proposed Order)(Jackson-Fannin, Julian) |
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Filing 27
ORDER ON NOTICE OF SETTLEMENT. ORDER re #26 Notice of Settlement filed by Kevin Spencer. The parties shall file a stipulation for dismissal as to Defendant HSBC BANK USA, N.A. within thirty (30) days of this Order. If the parties fail to complete the expected settlement, either party may notify the Court. Signed by Judge Raag Singhal on 5/31/2023. See attached document for full details. (nan)
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| Filing 26 NOTICE of Settlement as to HSBC Bank, N.A. by Kevin Spencer (Sanders, Craig) |
| Filing 25 WAIVER OF SERVICE Returned Executed by Kevin Spencer. Equifax Information Services LLC waiver sent on 4/25/2023, response/answer due 6/26/2023. (Sanders, Craig) |
| Filing 24 Certificate of Other Affiliates/Corporate Disclosure Statement by TD Bank, N.A. identifying Corporate Parent TD Bank US Holding Company, Corporate Parent The Toronto-Dominion Bank, Corporate Parent TD Group US Holdings LLC for TD Bank, N.A. (Jackson-Fannin, Julian) |
| Filing 23 Certificate of Other Affiliates/Corporate Disclosure Statement by HSBC Bank USA, N.A. identifying Corporate Parent HSBC Holdings plc, Other Affiliate HSBC North America Holdings Inc., Other Affiliate HSBC USA Inc., Other Affiliate HSBC Overseas Holdings (UK) Limited for HSBC Bank USA, N.A. (Grant, Siobhan) Modified Text on 5/24/2023 (ls). |
| Filing 22 Certificate of Other Affiliates/Corporate Disclosure Statement by Atlantic Recovery Solutions, LLC identifying Corporate Parent Steel Tower Holdings, LLC for Atlantic Recovery Solutions, LLC (Apolito, Alessandro) |
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Filing 21
PAPERLESS ORDER granting #17 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. HSBC Bank USA, N.A.'s Response/Answer due 6/6/2023. Signed by Judge Raag Singhal on 5/18/2023. (eca)
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| Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement by DNF Associates, LLC identifying Corporate Parent Diverse Funding Associates LLC for DNF Associates, LLC (Apolito, Alessandro) |
| Filing 19 ANSWER and Affirmative Defenses to Complaint by Atlantic Recovery Solutions, LLC, DNF Associates, LLC. Attorney Alessandro A Apolito added to party Atlantic Recovery Solutions, LLC(pty:dft), Attorney Alessandro A Apolito added to party DNF Associates, LLC(pty:dft). (Apolito, Alessandro) |
| Filing 18 Clerk's Notice to Filer re #17 Unopposed MOTION for Extension of Time to respond to Complaint re #1 Complaint,,. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 17 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint by HSBC Bank USA, N.A.. Attorney Siobhan Earlyn Penningt Grant added to party HSBC Bank USA, N.A.(pty:dft). Responses due by 5/31/2023 (Grant, Siobhan) Modified Relief on 5/18/2023 (ls). |
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Filing 16
PAPERLESS ORDER granting #15 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. TD Bank, N.A.'s Response/Answer due 6/7/2023. Signed by Judge Raag Singhal on 5/17/2023. (eca)
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by TD Bank, N.A.. Attorney Julian Antony Jackson-Fannin added to party TD Bank, N.A.(pty:dft). (Attachments: #1 Text of Proposed Order)(Jackson-Fannin, Julian) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Kevin Spencer. DNF Associates, LLC served on 4/27/2023, response/answer due 5/18/2023. (Sanders, Craig) |
| 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 Kevin Spencer. Atlantic Recovery Solutions, LLC served on 4/28/2023, response/answer due 5/19/2023. (Sanders, Craig) |
| 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 Kevin Spencer. Experian Information Solutions, Inc. served on 5/9/2023, response/answer due 5/30/2023. (Sanders, Craig) |
| 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 Kevin Spencer. HSBC Bank USA, N.A. served on 4/25/2023, response/answer due 5/16/2023. (Sanders, Craig) |
| 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 Kevin Spencer. TD Bank, N.A. served on 4/26/2023, response/answer due 5/17/2023. (Sanders, Craig) |
| Filing 9 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Kevin Spencer (Sanders, Craig) |
| Filing 8 Notice of NO Pending, Refiled, Related or Similar Actions by Kevin Spencer (Sanders, Craig) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Kevin Spencer. Trans Union, LLC waiver sent on 4/25/2023, response/answer due 6/26/2023. (Sanders, Craig) |
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Filing 6
Order Requiring Scheduling Report. Signed by Judge Raag Singhal on 4/21/2023. See attached document for full details. (ls)
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Filing 5
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 4/21/2023. (eca)
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| Filing 4 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to 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 (and responses).Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. 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).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 4/21/2023. (eca) |
| Filing 3 Summons Issued as to Atlantic Recovery Solutions, LLC, DNF Associates, LLC, Equifax Information Services LLC, Experian Information Solutions, Inc., HSBC Bank USA, N.A., TD Bank, N.A., Trans Union, LLC. (aao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (aao) |
| Filing 1 COMPLAINT against Atlantic Recovery Solutions, LLC, DNF Associates, LLC, Equifax Information Services LLC, Experian Information Solutions, Inc., HSBC Bank USA, N.A., TD Bank, N.A., Trans Union, LLC. Filing fees $ 402.00 receipt number AFLSDC-16556722, filed by Kevin Spencer. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) for Atlantic Recovery Solutions, LLC, #3 Summon(s) for DNF Associates, LLC, #4 Summon(s) for HSBC Bank USA, N.A., #5 Summon(s) for TD Bank, N.A., #6 Summon(s) for Equifax Information Services LLC, #7 Summon(s) for Experian Information Solutions, Inc., #8 Summon(s) for Trans Union, LLC)(Sanders, Craig) |
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