Marin v. Enhanced Recovery Company LLC
| Giselle Marin |
| Enhanced Recovery Company LLC |
| 1:2021cv22858 |
| August 5, 2021 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Jose E Martinez |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 9, 2021. A more recent docket listing may be available from PACER.
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| Filing 15 Joint SCHEDULING REPORT - Rule 26(f) by Giselle Marin (Patti, Thomas) |
| Filing 14 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Telephonic Settlement Conference held on 9/7/2021. Counsel and Parties for both sides were present. The Parties have reached an impasse in this matter. Total time in court: 12 minutes. (dgj) |
Filing 13
PAPERLESS ORDER granting #12 Joint Motion to Conduct Rule 16.1 Conference Remotely. The parties are permitted to conduct the conference remotely. Signed by Judge Jose E. Martinez on 8/25/2021. (cvl)
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| Filing 12 Joint MOTION to Conduct Rule 16.1 Conference Remotely re #5 Scheduling Order,,, Order Referring Case to Magistrate Judge,,, Order Referring Case to Mediation,, by Enhanced Recovery Company LLC. (Rivera, Richard) |
| Filing 11 STATUS REPORT by Enhanced Recovery Company LLC (Rivera, Richard) |
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Filing 10
PAPERLESS ORDER SETTING TELEPHONIC SETTLEMENT CONFERENCE: A Telephonic Settlement Conference is set for 9:00 A.M. on Tuesday, September 7, 2021, in the Miami Division, before Magistrate Judge Jacqueline Becerra (USA Toll-Free Number: 866-390-1828; Access Code: 2046890). Parties should note that: (1) The Conference shall be conducted without a court reporter and will not be tape recorded. All representations made at the Conference shall remain confidential. However, if a settlement is reached, the Court may require the parties to state the material terms of the agreement on the Court record. (2) The parties are permitted, but not required, to send a confidential settlement statement to chambers, no later than 48 hours before the Settlement Conference. The statement can be no more than five pages. (3) Counsel for Plaintiff(s) should be prepared to provide the Court with billing and/or time records to support an award of fees, should the parties decide to reach an agreement on attorneys fees as part of the settlement. (4) Each counsel is required to meet by phone with their client(s) regarding settlement at least five days prior to the Settlement Conference. (5) Counsel must confer with each other by phone to discuss their respective settlement positions, and to exchange settlement offers before the date of the Settlement Conference set above. Signed by Magistrate Judge Jacqueline Becerra on 8/18/2021. (hgz)
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Filing 9
PAPERLESS ORDER REGARDING PROCEDURES TO SET SETTLEMENT CONFERENCE. To set the Settlement Conference mandated by the District Court, ECF No. 8 , counsel for Plaintiff shall send an e-mail, to chambers_becerra@flsd.uscourts.gov, within seven days of all counsel filing their Notice of Appearances, or within seven days of this order if all counsel have already filed appearances. The e-mail shall list at least three different dates and times where all counsel and parties are available for the Settlement Conference. These dates must all be within 20 days of that date of the e-mail to chambers. The Court prefers to set settlement conferences on Tuesdays and Thursdays at 9:00 a.m., 12:00 p.m., or 3:00 p.m. If counsel and the parties are not available on those dates and times, they are permitted to propose other dates and times, but all proposed dates must be within the deadline set above. Plaintiff's counsel shall copy all counsel on the e-mail to chambers. Failure to submit proposed dates by the deadline will results in the Court setting the conference unilaterally. The Settlement Conference will not be continued absent compelling circumstances (i.e., counsel has a conflict with another court hearing). The settlement conference will be conducted telephonically, unless both parties propose that video conference would be preferable. In providing dates for the Settlement Conference, counsel should note that: (1) The Settlement Conference must be attended, except as provided under Local Rule 16.2(e) for public-sector entities, by counsel of record and each party, or representatives of each party with full authority to enter into a complete settlement. (2) In the event that a monetary settlement would be payable from proceeds of an insurance policy, a claims professional/representative(s) from the party's insurer, with full and final authority to authorize payment to settle the matter up to the full limits of the party's policy shall be present. The failure of a party representative with full and final authority to make and accept offers of settlement to attend this Conference may result in the undersigned's sua sponte recommendation to the District Judge that sanctions be entered against the offending party. Signed by Magistrate Judge Jacqueline Becerra on 8/12/2021. (hgz)
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Filing 8
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for a Settlement Conference. Except as provided in Local Rule 16.2(e), the appearance of counsel and each party, or a representative with full settlement authority, is mandatory. The Court normally mandates that appearance be in person; however, given the restrictions caused by COVID-19, Judge Becerra will dictate how participation will occur. Signed by Judge Jose E. Martinez on 8/12/2021. (cvl)
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| Filing 7 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Enhanced Recovery Company LLC. (Gallagher, Scott) |
| Filing 6 NOTICE OF COURT PRACTICE IN REMOVAL CASES (Removal Status Report due by 8/19/2021.) Signed by Judge Jose E. Martinez on 8/5/2021. See attached document for full details. (pcs) |
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Filing 5
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: ( Jury Trial set for 8/1/2022 09:30 AM in Miami Division before Judge Jose E. Martinez., Calendar Call set for 7/28/2022 01:30 PM before Judge Jose E. Martinez.), ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Judge Jose E. Martinez on 8/5/2021. See attached document for full details. (pcs) #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 4 Notice of Pending, Refiled, Related or Similar Actions by Enhanced Recovery Company LLC (Gallagher, Scott) |
| Filing 3 Corporate Disclosure Statement by Enhanced Recovery Company LLC identifying Corporate Parent ERC Holdings, LLC for Enhanced Recovery Company LLC (Gallagher, Scott) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. 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. (pcs) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-14904246, filed by Enhanced Recovery Company LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Composite Exhibit A)(Gallagher, Scott) No Answer/Motion to Dismiss filed. Modified on 8/5/2021 (pcs). |
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