Heideck v. MOMNT SERVICING COMPANY LLC et al
| Kathleen Heideck |
| MOMNT SERVICING COMPANY LLC, ALCO WINDOWS AND DOORS LLC, CROSS RIVER BANK and EXPERIAN INFORMATION SOLUTIONS, INC. |
| 0:2025cv61142 |
| June 6, 2025 |
| U.S. District Court for the Southern District of Florida |
| Patrick M Hunt |
| Rodney Smith |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 18, 2025. A more recent docket listing may be available from PACER.
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| Filing 62 NOTICE of Voluntary Dismissal as to Defendant, Experian Information Solutions, Inc. by Kathleen Heideck (Legg, Christopher) |
| Filing 61 Notice of Court Practice on Notice of Settlement. Closing Case. Signed by Judge Rodney Smith on 11/14/2025. See attached document for full details. (drz) |
| Filing 60 MEDIATION REPORT held before Mediator Gregory Holder. Prepared by: Gregory Holder. Filed by CROSS RIVER BANK. Disposition: Settled in full. Mediation held/partially held via video-conference. (Eichhorn, Cory) |
Filing 59
ORDER SETTING TRAIL: Jury Trial set for 1/5/2026 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith. Calendar Call set for 12/18/2025 09:30 AM in Fort Lauderdale Division before Judge Rodney Smith. In Limine Motions due by 12/5/2025. Pretrial Stipulation due by 12/9/2025. Signed by Judge Rodney Smith on 11/13/2025. See attached document for full details. (ebz) #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 58 FINAL MEDIATION REPORT held before Mediator Gregory Holder. Prepared by: Gregory Holder. Filed by CROSS RIVER BANK. Disposition: Settled in full. Mediation held/partially held via video-conference. (Eichhorn, Cory) |
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Filing 57
PAPERLESS ORDER granting #56 Motion to Withdraw as Attorney. Sarah Elizabeth Morgado representing EXPERIAN INFORMATION SOLUTIONS, INC. (Defendant) withdrawn from case. Signed by Judge Rodney Smith on 11/3/2025. (cbn)
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| Filing 56 Unopposed MOTION to Withdraw as Attorney by Sarah E. Morgado for / by EXPERIAN INFORMATION SOLUTIONS, INC.. Responses due by 11/17/2025. (Attachments: #1 Text of Proposed Order Exhibit)(Morgado, Sarah) |
| Filing 55 NOTICE of Settlement as to Experian Information Solutions, Inc. only by Kathleen Heideck (Newhart, Darren) |
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Filing 54
ORDER granting in part and denying in part DE #53 Motion to Stay. Signed by Judge Rodney Smith on 10/20/2025. See attached document for full details. (cwc)
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| Filing 53 Unopposed MOTION to Stay Discovery and Pre-Trial Deadlines by MOMNT SERVICING COMPANY LLC. Responses due by 10/30/2025. (Attachments: #1 Text of Proposed Order)(Brotman, Steven) |
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Filing 52
FINAL Order of Dismissal on #45 Joint Stipulation of Dismissal; Dismissing Defendant Trans Union LLC with prejudice. Signed by Judge Rodney Smith on 9/24/2025. See attached document for full details. (ls)
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Filing 51
ORDER granting #48 Motion for Confidentiality Order. Signed by Magistrate Judge Patrick M. Hunt on 9/23/2025. See attached document for full details. (hhr)
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| Filing 50 CLERK'S NOTICE - Attorney Admissions has accepted the address information change request as submitted through attorneys PACER account for attorney Gabriella Pinzon (pt) |
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Filing 49
ORDER DENYING MOTIONS TO COMPEL ARBITRATION. Defendant Momnt Servicing Company LLC's Motion to Compel Arbitration and to Stay Litigation DE #17 is DENIED. Defendant Cross River Bank's Motion to Compel Arbitration and Stay Case DE #33 is DENIED. ( Jury Trial set for 1/12/2026 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith., Calendar Call set for 1/6/2026 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith., In Limine Motions due by 12/5/2025., Pretrial Stipulation due by 12/15/2025.) The parties have until November 26, 2025, to conduct limited discovery into whether there is an enforceable contractual agreement to arbitrate. Signed by Judge Rodney Smith on 9/16/2025. See attached document for full details. (ebz) #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 48 Joint MOTION for Protective Order Entry of Stipulated by EXPERIAN INFORMATION SOLUTIONS, INC.. (Attachments: #1 Text of Proposed Order [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIALITY, #2 STIPULATED PROTECTIVE ORDER)(Pinzon, Gabriella) |
| Filing 47 NOTICE of Striking #46 Joint MOTION for Protective Order Entry of Stipulated filed by EXPERIAN INFORMATION SOLUTIONS, INC. by EXPERIAN INFORMATION SOLUTIONS, INC. (Hoover, Montserrat) |
| Filing 46 STRICKEN. Joint MOTION for Protective Order Entry of Stipulated by EXPERIAN INFORMATION SOLUTIONS, INC.. Attorney Montserrat Irene Hoover added to party EXPERIAN INFORMATION SOLUTIONS, INC.(pty:dft). (Attachments: #1 Text of Proposed Order [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIALITY, #2 STIPULATED PROTECTIVE ORDER)(Hoover, Montserrat) Modified per DE #47 Notice of Striking on 9/16/2025 (ebz). |
| Filing 45 STIPULATION of Dismissal with Prejudice as to Defendant, Trans Union, LLC by Kathleen Heideck (Legg, Christopher) |
| Filing 44 CLERK'S NOTICE - Attorney Admissions has accepted the address information change request as submitted through attorneys PACER account for attorney Gabriella Pinzon (pt) |
| Filing 43 Clerk's Notice to Filer re #40 Notice of Mediator Selection and/or Hearing. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (ebz) |
| Filing 42 Clerk's Notice to Filer re #38 Notice of Mediator Selection and/or Hearing. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (ebz) |
| Filing 41 RESPONSE in Opposition re #33 Defendant's MOTION to Compel Arbitration Defendant's MOTION to Stay Case filed by Kathleen Heideck. Replies due by 9/5/2025. (Attachments: #1 Affidavit)(Newhart, Darren) |
| Filing 40 Amended NOTICE of Mediator Selection and Hearing. Selected/Added Kathleen Heideck as Mediator. Mediation Hearing set for 2/4/2026 at 9:00 a.m.. (Legg, Christopher) |
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Filing 39
PAPERLESS ORDER STRIKING #38 Notice of Mediation. The Notice does not comply with the Court's Order of Referral to Mediation, which requires that the Notice of Scheduling Mediation set out the name of the mediator and the date, time and place for the mediation. The Notice does not set out the place for the mediation. The parties shall file a compliant Notice of Scheduling Mediation by September 3, 2025. Signed by Judge Rodney Smith on 8/29/2025. (cbn)
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| Filing 38 STRICKEN. NOTICE of Mediator Selection and Hearing. Selected/Added Kathleen Heideck as Mediator. Mediation Hearing set for 2/4/2026 at 9:00 a.m.. (Legg, Christopher) Modified per DE 39 Order on 8/29/2025 (ebz). |
| Filing 37 ANSWER and Affirmative Defenses to Complaint by EXPERIAN INFORMATION SOLUTIONS, INC.. Attorney Gabriella Pinzon added to party EXPERIAN INFORMATION SOLUTIONS, INC.(pty:dft). (Pinzon, Gabriella) |
| Filing 36 Defendant's REPLY in Support of Motion re #17 MOTION to Compel Arbitration and to Stay Litigation Pending Arbitration . filed by MOMNT SERVICING COMPANY LLC. (Attachments: #1 Exhibit 1)(Brotman, Steven) |
| Filing 35 NOTICE of Settlement as to Trans Union, LLC only by Kathleen Heideck (Newhart, Darren) |
| Filing 34 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Kathleen Heideck. ALCO WINDOWS AND DOORS LLC served on 8/18/2025, response/answer due 9/8/2025. (Legg, Christopher) |
| Filing 33 Defendant's MOTION to Compel Arbitration ( Responses due by 8/29/2025.), Defendant's MOTION to Stay Case by CROSS RIVER BANK. (Eichhorn, Cory) |
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Filing 32
PAPERLESS ORDER granting #31 MOMNT Servicing Company LLC's Unopposed Motion for Extension of Time to File Reply in Support of Motion to Compel Arbitration. MOMNT Servicing Company LLC shall file its reply by August 25, 2025. Signed by Judge Rodney Smith on 8/12/2025. (cbn)
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| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #30 Response in Opposition to Motion, (to Compel Arbitration #17 ) by MOMNT SERVICING COMPANY LLC. (Attachments: #1 Text of Proposed Order Granting Motion for Extension)(Brotman, Steven) |
| Filing 30 RESPONSE in Opposition re #17 MOTION to Compel Arbitration and to Stay Litigation Pending Arbitration filed by Kathleen Heideck. Replies due by 8/13/2025. (Attachments: #1 Affidavit, #2 Exhibit A to Affidavit)(Newhart, Darren) |
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Filing 29
PAPERLESS ORDER granting #27 Defendant Cross River Bank's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Cross River Bank shall file its response by August 15, 2025. Signed by Judge Rodney Smith on 7/24/2025. (cbn)
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| Filing 28 Defendant's Corporate Disclosure Statement by CROSS RIVER BANK identifying Corporate Parent Cross River Bank, Corporate Parent CRB Group, Inc. for CROSS RIVER BANK (Eichhorn, Cory) |
| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by CROSS RIVER BANK. Attorney Cory William Eichhorn added to party CROSS RIVER BANK(pty:dft). (Eichhorn, Cory) |
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Filing 26
ORDER OF REFERRAL TO MEDIATION. Mediation Deadline 5/1/2026. Signed by Judge Rodney Smith on 7/17/2025. See attached document for full details. (ebz)
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Filing 25
ORDER SETTING CIVIL TRIAL DATE, PRETRIAL DEADLINES, AND REFERRAL TO MAGISTRATE JUDGE: ( Jury Trial set for 10/19/2026 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith, Calendar Call set for 10/13/2026 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith, Expert Discovery due by 4/24/2026, Fact Discovery due by 4/24/2026, Mediation Deadline 5/1/2026, In Limine Motions due by 9/15/2026, Dispositive Motions due by 5/15/2026, Pretrial Stipulation due by 9/15/2026.), ORDER REFERRING CASE to Magistrate Judge Patrick M. Hunt for Pretrial Non-Dispositive Matters. Signed by Judge Rodney Smith on 7/17/2025. See attached document for full details. (ebz) #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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| Set/Reset Deadlines/Hearings per DE 24 Order re #17 MOTION to Compel Arbitration and to Stay Litigation Pending Arbitration . Responses due by 8/6/2025. (amb) |
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Filing 24
PAPERLESS ORDER granting #23 Plaintiff's Unopposed Motion for Extension of Time to Respond to Momnt Servicing Company LLC's Motion to Compel Arbitration. Plaintiff shall file her response by August 6, 2025. Signed by Judge Rodney Smith on 7/16/2025. (cbn)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #17 MOTION to Compel Arbitration and to Stay Litigation Pending Arbitration by Kathleen Heideck. (Newhart, Darren) |
| Filing 22 Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge other than discovery motions. Filed by Kathleen Heideck (Newhart, Darren) |
| Filing 21 SCHEDULING REPORT - Rule 16.1 by Kathleen Heideck (Newhart, Darren) |
| Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement by EXPERIAN INFORMATION SOLUTIONS, INC. identifying Corporate Parent Experian plc, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate Central Source LLC, Other Affiliate Opt-Out Services LLC, Other Affiliate VantageScore Solutions LLC for EXPERIAN INFORMATION SOLUTIONS, INC. (Morgado, Sarah) |
| Filing 19 NOTICE of Attorney Appearance by Sarah Elizabeth Morgado on behalf of EXPERIAN INFORMATION SOLUTIONS, INC.. Attorney Sarah Elizabeth Morgado added to party EXPERIAN INFORMATION SOLUTIONS, INC.(pty:dft). (Morgado, Sarah) |
| Filing 18 Certificate of Other Affiliates/Corporate Disclosure Statement by MOMNT SERVICING COMPANY LLC identifying Corporate Parent Momnt Technologies, Inc. for MOMNT SERVICING COMPANY LLC (Brotman, Steven) |
| Filing 17 MOTION to Compel Arbitration and to Stay Litigation Pending Arbitration by MOMNT SERVICING COMPANY LLC. Responses due by 7/22/2025. (Attachments: #1 Exhibit A - Installment Loan Agreement, #2 Exhibit B - Affidavit)(Brotman, Steven) |
| Filing 16 NOTICE of Attorney Appearance by Steven Joseph Brotman on behalf of MOMNT SERVICING COMPANY LLC. Attorney Steven Joseph Brotman added to party MOMNT SERVICING COMPANY LLC(pty:dft). (Brotman, Steven) |
| Filing 15 Certificate of Other Affiliates/Corporate Disclosure Statement by Trans Union LLC identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Corporate Parent TransUnion, Other Affiliate Massachusetts Financial Services Company for Trans Union LLC (Long, Charlotte) |
| Filing 14 ANSWER and Affirmative Defenses to Complaint by Trans Union LLC. Attorney Charlotte Ann Long added to party Trans Union LLC(pty:dft). (Long, Charlotte) |
| Filing 13 Summons Issued as to CROSS RIVER BANK. (ebz) |
| Filing 12 NOTICE of Filing Proposed Summons(es) by Kathleen Heideck (Attachments: #1 Summon(s)) (Newhart, Darren) |
| Filing 11 NOTICE of Attorney Appearance by Christopher W. Legg on behalf of Kathleen Heideck. Attorney Christopher W. Legg added to party Kathleen Heideck(pty:pla). (Legg, Christopher) |
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Filing 10
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS. Joint Scheduling Report due by 7/14/2025 Signed by Judge Rodney Smith on 6/23/2025. See attached document for full details. (drz)
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| 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 Kathleen Heideck. TRANS UNION LLC served on 6/17/2025, response/answer due 7/8/2025. (Attachments: #1 Exhibit A)(Newhart, Darren) |
| 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 Kathleen Heideck. MOMNT SERVICING COMPANY LLC served on 6/17/2025, response/answer due 7/8/2025. (Attachments: #1 Exhibit A)(Newhart, Darren) |
| 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 Kathleen Heideck. EXPERIAN INFORMATION SOLUTIONS, INC. served on 6/17/2025, response/answer due 7/8/2025. (Attachments: #1 Exhibit A)(Newhart, Darren) |
| Filing 6 Summons Issued as to ALCO WINDOWS AND DOORS LLC, EXPERIAN INFORMATION SOLUTIONS, INC., MOMNT SERVICING COMPANY LLC, TRANS UNION LLC. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s))(ebz) |
| Filing 5 Notice of NO Pending, Refiled, Related or Similar Actions by Kathleen Heideck (Newhart, Darren) |
| Filing 4 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Kathleen Heideck (Newhart, Darren) |
| Filing 3 NOTICE of Filing Proposed Summons(es) by Kathleen Heideck (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Summon(s)) (Newhart, Darren) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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. (pc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18513545, filed by Kathleen Heideck. (Attachments: #1 Civil Cover Sheet)(Newhart, Darren) |
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