Constantinescu v. RAS LaVrar, LLC et al
| Mircea D. Constantinescu |
| Capital One Bank (USA) N.A., RAS LaVrar, LLC, Joanne M. Galipault, Robin S. Moselle and Flynn LaVrar |
| 1:2019cv22986 |
| July 17, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Alicia M Otazo-Reyes |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Defendant |
Docket Report
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Filing 34
SCHEDULING ORDER: ( Jury Trial set for 4/13/2020 before Judge Darrin P. Gayles., Calendar Call set for 4/8/2020 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 2/26/2020 10:00 AM before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Darrin P. Gayles on 9/13/2019. See attached document for full details. (ls) #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 33 First AMENDED COMPLAINT against All Defendants, filed by Mircea D. Constantinescu. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Yarbrough, Donald) |
| Filing 32 NOTICE OF WITHDRAWAL OF MOTION by Mircea D. Constantinescu re #28 Plaintiff's MOTION to Amend/Correct #1 Complaint, filed by Mircea D. Constantinescu (Yarbrough, Donald) |
| Filing 31 Certificate of Other Affiliates/Corporate Disclosure Statement by Joanne M. Galipault, Flynn LaVrar, Robin S. Moselle, RAS LaVrar, LLC identifying Other Affiliate Sompo International Insurance, Other Affiliate David Schneid for Flynn LaVrar, Joanne M. Galipault, RAS LaVrar, LLC, Robin S. Moselle (Vine, S.) |
| Filing 30 RESPONSE in Opposition re #23 Defendant's MOTION to Dismiss with Prejudice #1 Complaint, filed by Mircea D. Constantinescu. Replies due by 9/19/2019. (Yarbrough, Donald) |
| Filing 29 RESPONSE to Motion re #21 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM AS TO COUNTS III, IV, V, AND VI filed by Mircea D. Constantinescu. Replies due by 9/18/2019. (Yarbrough, Donald) |
| Filing 28 Plaintiff's MOTION to Amend/Correct #1 Complaint, by Mircea D. Constantinescu. Responses due by 9/25/2019 (Attachments: #1 Exhibit Proposed First Amended Complaint, #2 Text of Proposed Order)(Yarbrough, Donald) |
| Filing 27 Certificate of Other Affiliates/Corporate Disclosure Statement by Capital One Bank (USA) N.A. identifying Corporate Parent Capital One Financial Corporation for Capital One Bank (USA) N.A. (Garcia, Paola) |
| Filing 26 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Mircea D. Constantinescu (Yarbrough, Donald) |
| Filing 25 Election to Jurisdiction for Final Disposition of Motions . Filed by Mircea D. Constantinescu (Yarbrough, Donald) |
| Filing 24 Joint SCHEDULING REPORT - Rule 26(f) by Mircea D. Constantinescu (Attachments: #1 Text of Proposed Order)(Yarbrough, Donald) |
| Filing 23 Defendant's MOTION to Dismiss with Prejudice #1 Complaint, by Capital One Bank (USA) N.A.. Responses due by 9/13/2019 (Kemp-Gerstel, Andrew) |
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Filing 22
ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before September 12, 2019, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (lfn)
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| Filing 21 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM AS TO COUNTS III, IV, V, AND VI by Joanne M. Galipault, Flynn LaVrar, RAS LaVrar, LLC. Responses due by 9/11/2019 (Vine, S.) |
| Filing 20 Defendants' ANSWER and Affirmative Defenses to Complaint with Jury Demand as to Counts I, II, VII, VIII, IX, X, XI, AND XII by Joanne M. Galipault, Flynn LaVrar, Robin S. Moselle, RAS LaVrar, LLC. (Vine, S.) |
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Filing 19
PAPERLESS ORDER granting #18 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendants', Ras Lavrar, LLC and Flynn Lavrar, response shall be filed on or before August 28, 2019. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Flynn LaVrar, RAS LaVrar, LLC. (Attachments: #1 Text of Proposed Order)(Vine, S.) |
| Filing 17 NOTICE of Attorney Appearance by S. Jonathan Vine on behalf of Joanne M. Galipault, Flynn LaVrar, Robin S. Moselle, RAS LaVrar, LLC. Attorney S. Jonathan Vine added to party Joanne M. Galipault(pty:dft), Attorney S. Jonathan Vine added to party Flynn LaVrar(pty:dft), Attorney S. Jonathan Vine added to party Robin S. Moselle(pty:dft), Attorney S. Jonathan Vine added to party RAS LaVrar, LLC(pty:dft). (Vine, S.) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mircea D. Constantinescu. Joanne M. Galipault served on 8/7/2019, answer due 8/28/2019. (Yarbrough, Donald) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mircea D. Constantinescu. Robin S. Moselle served on 8/7/2019, answer due 8/28/2019. (Yarbrough, Donald) |
| 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 Mircea D. Constantinescu. RAS LaVrar, LLC served on 7/26/2019, answer due 8/16/2019. (Yarbrough, Donald) |
| 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 Mircea D. Constantinescu. Flynn LaVrar served on 7/26/2019, answer due 8/16/2019. (Yarbrough, Donald) |
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Filing 12
PAPERLESS ORDER granting #11 Defendant, Capital One Bank (USA) N.A.'s, Unopposed Motion for Extension of Time to File Response to Plaintiff's Complaint. Defendant's Response shall be filed on or before August 30, 2019. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Capital One Bank (USA) N.A.. (Attachments: #1 Text of Proposed Order)(Kemp-Gerstel, Andrew) |
| Filing 10 NOTICE of Attorney Appearance by Andrew Kemp-Gerstel on behalf of Capital One Bank (USA) N.A.. Attorney Andrew Kemp-Gerstel added to party Capital One Bank (USA) N.A.(pty:dft). (Kemp-Gerstel, Andrew) |
| 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 Mircea D. Constantinescu. Capital One Bank (USA) N.A. served on 7/22/2019, answer due 8/12/2019. (Yarbrough, Donald) |
| Filing 8 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (lfn) |
| Filing 7 Summons Issued as to Capital One Bank (USA) N.A.. (ls) |
| Filing 6 NOTICE of Filing Proposed Summons(es) Corrected by Mircea D. Constantinescu (Attachments: #1 Summon(s) Capital One - Corrected) (Yarbrough, Donald) |
| Filing 5 Clerks Notice to Filer re: Electronic Case. Venue on the Civil Cover Sheet does not match the initiating document. The Clerks Office confirmed Miami-Dade (Office - Miami) as the county with the filer. It is not necessary to re-file this document. (pcs) |
| Filing 4 Clerks Notice to Filer re: Summons(es) cannot be issued. The party on the summons(es) Capital One Bank (USA) N.A. does not match the initiating documents (pcs) |
| Filing 3 Summons Issued as to Joanne M. Galipault, Flynn LaVrar, Robin S. Moselle, RAS LaVrar, LLC. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (pcs) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11823717, filed by Mircea D. Constantinescu. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Civil Cover Sheet, #15 Summon(s), #16 Summon(s), #17 Summon(s), #18 Summon(s), #19 Summon(s))(Yarbrough, Donald) |
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