Barker et al v. Capital One Financial Corporation
| Richard Andrews, Bruno Brito De Oliveira, Ryan Shapiro, Lama Alshami and Michael Barker |
| Capital One Financial Corporation doing business as Capital One |
| 0:2024cv61987 |
| October 23, 2024 |
| U.S. District Court for the Southern District of Florida |
| Raag Singhal |
| Other Statutory Actions |
| Civil Miscellaneous Case |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by Capital One Financial Corporation. Responses due by 1/3/2025. (Attachments: #1 Exhibit Exhibit to Motion to Dismiss Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim)(Starks, Michael) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Capital One Financial Corporation d/b/a Capital One. Capital One Financial Corporation d/b/a Capital One waiver sent on 10/25/2024, response/answer due 12/26/2024. (Starks, Michael) |
| Filing 9 NOTICE of Attorney Appearance by Stefani Rose Erazo on behalf of Capital One Financial Corporation d/b/a Capital One. Attorney Stefani Rose Erazo added to party Capital One Financial Corporation d/b/a Capital One(pty:dft). (Erazo, Stefani) |
| Filing 8 NOTICE of Attorney Appearance by Michael Darren Starks on behalf of Capital One Financial Corporation d/b/a Capital One. Attorney Michael Darren Starks added to party Capital One Financial Corporation d/b/a Capital One(pty:dft). (Starks, Michael) |
| Filing 7 NOTICE of Attorney Appearance by Andrew Kemp-Gerstel on behalf of Capital One Financial Corporation d/b/a Capital One. Attorney Andrew Kemp-Gerstel added to party Capital One Financial Corporation d/b/a Capital One(pty:dft). (Kemp-Gerstel, Andrew) |
| Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Lama Alshami, Richard Andrews, Michael Barker, Bruno Brito De Oliveira, Ryan Shapiro (Patti, Thomas) |
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 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 10/25/2024. (lp00)
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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). Motions for Extension of Time 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). Labeling Exhibits on CM/ECF Exhibits to pleadings and motions shall be docketed in accordance with the Court's 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.) Notices of Settlement 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 10/25/2024. (lp00) |
| Filing 3 Summons Issued as to Capital One Financial Corporation d/b/a Capital One. (gqa) |
| 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 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. (gqa) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17930714, filed by Michael Barker, Lama Alshami, Ryan Shapiro, Richard Andrews, Bruno Brito De Oliveira. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit Exh A, #4 Exhibit Exh B, #5 Exhibit Exh C, #6 Exhibit Ech D, #7 Exhibit Exh E)(Patti, Thomas) |
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