Vera v. Midland Funding, LLC
| John X Vera |
| Midland Funding LLC |
| 1:2019cv23469 |
| August 19, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Alicia M Otazo-Reyes |
| Consumer Credit |
| 28 U.S.C. ยง 1446 |
| None |
Docket Report
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| Filing 11 NOTICE of Change of Address by Lauren Marshall Burnette (Burnette, Lauren) |
Filing 10
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: ( Jury Trial set for 5/11/2020 before Judge Darrin P. Gayles., Calendar Call set for 5/6/2020 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 2/12/2020 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 9/20/2019. See attached document for full details. (cds) #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 9 Joint SCHEDULING REPORT - Rule 16.1 by Midland Funding LLC (Attachments: #1 Text of Proposed Order)(Burnette, Lauren) |
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Filing 8
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before September 19, 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 on 9/5/2019. (jdo)
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Filing 7
PAPERLESS ORDER STRIKING 5 Notice of Court Practice because it was entered in error. Signed by Judge Darrin P. Gayles on 9/5/2019. (jdo)
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| Reset Deadlines/ Per DE#8. Joint Scheduling Report due by 9/19/2019 (cqs) |
| Filing 6 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Midland Funding LLC. (Burnette, Lauren) |
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Filing 5
(STRICKEN PER DE#7)NOTICE OF COURT PRACTICE. The Complaint in this action is filed under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA"). In order to assist the Court in the management of this case, and in an effort to foster early and cost-effective resolution, the parties are ORDERED to comply with the following procedures: Under Rule 8 of the Federal Rules of Civil Procedure, a plaintiff is required to state a "short and plain statement of the claim." While this Rule places only a light burden on a plaintiff, the Court requires complaints filed under the FLSA to include, at a minimum, a statement setting forth the following with respect to each Plaintiff: (a) An initial estimate of the total amount of alleged unpaid wages; (b) A preliminary calculation of such wages; (c) The approximate period during which the alleged FLSA violations occurred; and (d) The nature of the wages (e.g., overtime or straight time). Plaintiff is directed to file a "Statement of Claim" by September 4, 2019. Plaintiff(s) shall promptly serve a copy of this Order, the Statement of Claim, and copies of all supporting documents (including time sheets, pay stubs, etc.) upon counsel for Defendant(s) once an appearance has been made or at the time the Statement of Claim is filed (if defense counsel has already appeared). Defendant(s) shall then file a "Response to Plaintiff's Statement of Claim" setting forth in detail any defenses to Plaintiff's claim(s) and serve copies of all supporting documents within twenty (20) days of being served with Plaintiff's Statement of Claim. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles on 8/21/2019. (jdo)Text Modified on 9/5/2019 (cqs).
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| Filing 4 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 on 8/20/2019. (jdo) |
| Filing 3 Certificate of Other Affiliates/Corporate Disclosure Statement by Midland Funding LLC identifying Corporate Parent Encore Capital Group, Inc. for Midland Funding LLC (Burnette, Lauren) |
| 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. (cds) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - John X. Vera v. Midland Funding, LLC) Filing fee $ 400.00 receipt number 113C-11914562, filed by Midland Funding LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Record)(Burnette, Lauren) Text Modified on 8/20/2019 (cds). No Answer/Motion To Dismiss Filed. |
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| Plaintiff: John X Vera | |
| Represented By: | Dalyla Santos |
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| Defendant: Midland Funding LLC | |
| Represented By: | Lauren Marshall Burnette |
| Represented By: | Erika Michele Ida Flo Smith |
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