Buelvas v. Experian Information Solutions, Inc. et al
| Paul Buelvas |
| Trans Union, LLC, Experian Information Solutions, Inc. and Green Dot Corporation |
| 1:2019cv21475 |
| April 17, 2019 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On April 19, 2019, the Court entered a Pretrial Order 4 requiring the Parties to file a joint scheduling report within ten (10) days of their joint scheduling conference, which was to be held 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 occurred first. The Order cautioned, "[f]ailure 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 attorneys fees and costs." The deadline for filing a joint scheduling report has passed and no extension of time has been requested. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. The Parties may move to reopen this matter upon filing a joint scheduling report. Signed by Chief Judge K. Michael Moore on 6/28/2019. (jm01)
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| Filing 16 RESPONSE in Opposition re #14 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Paul Buelvas. Replies due by 7/3/2019. (Zeig, Justin) |
| Filing 15 NOTICE of Attorney Appearance by Ana Elena Tovar Pigna on behalf of Trans Union, LLC. Attorney Ana Elena Tovar Pigna added to party Trans Union, LLC(pty:dft). (Tovar Pigna, Ana) |
| Filing 14 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Trans Union, LLC. Responses due by 6/26/2019 (Tifford, Alexandra) |
| Filing 13 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. (Maugans, Michael) |
| Filing 12 ANSWER and Affirmative Defenses to Complaint by Experian Information Solutions, Inc.. Attorney Michael Alexander Maugans added to party Experian Information Solutions, Inc.(pty:dft). (Maugans, Michael) |
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Trans Union LLC's Unopposed Motion for Extension of Time to File its Answer or Otherwise Respond to Plaintiff's Complaint. #9 . 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 the Motion for Extension of Time #9 is GRANTED. Defendant Trans Union LLC shall file a response to the Complaint #1 on or before June 12, 2019. Signed by Chief Judge K. Michael Moore on 5/21/2019. (eso)
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| Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement by Trans Union, LLC identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Corporate Parent TransUnion for Trans Union, LLC (Tifford, Alexandra) |
| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Trans Union, LLC. Attorney Alexandra Lyn Tifford added to party Trans Union, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Tifford, Alexandra) |
| 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 Paul Buelvas. Experian Information Solutions, Inc. served on 5/2/2019, answer due 5/23/2019. (Zeig, Justin) |
| 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 Paul Buelvas. Trans Union, LLC served on 5/1/2019, answer due 5/22/2019. (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 Paul Buelvas. Green Dot Corporation served on 5/1/2019, answer due 5/22/2019. (Zeig, Justin) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra 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 Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 4/19/2019. (eso)
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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. 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 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 Chief Judge K. Michael Moore on 4/19/2019. (eso)
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| Filing 3 Summons Issued as to All Defendants. (jao) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (jao) |
| Filing 1 COMPLAINT against Experian Information Solutions, Inc., Green Dot Corporation, Trans Union, LLC. Filing fees $ 400.00 receipt number 113C-11567844, filed by Paul Buelvas. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Experian, #3 Summon(s) Trans Union, #4 Summon(s) Green Dot)(Zeig, Justin) |
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