Brown v. Consumer Portfolio Services, Inc.
Plaintiff: Jennifer Brown
Defendant: Consumer Portfolio Services, Inc.
Case Number: 1:2021cv23749
Filed: October 22, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Chris M McAliley
Referring Judge: Kathleen M Williams
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2021 Opinion or Order Filing 15 PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL AND ADMINISTRATIVELY CLOSING CASE. THIS MATTER is before the Court on the notice #13 indicating that the Parties have reached a settlement in this matter. Accordingly, it is ORDERED AND ADJUDGED that on or before January 14, 2022, the Parties shall file a joint stipulation to dismiss. If the Parties wish for the Court to retain jurisdiction, they are advised that they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of this matter is effective upon the filing of the Parties' joint stipulation of dismissal. Id. This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 12/15/2021. (shy)
December 13, 2021 Filing 14 NOTICE OF WITHDRAWAL OF MOTION by Jennifer Brown re #9 Plaintiff's MOTION to Strike #3 ANSWER to Complaint (Notice of Removal) filed by Jennifer Brown (Ayala Maura, Eduardo)
December 10, 2021 Filing 13 NOTICE of Settlement by Consumer Portfolio Services, Inc. (Apatov, Joseph)
December 10, 2021 Filing 12 Corporate Disclosure Statement by Consumer Portfolio Services, Inc. (Apatov, Joseph)
November 30, 2021 Opinion or Order Filing 11 PAPERLESS ORDER. Defendant has filed an Unopposed Motion for Extension of Time seeking an additional thirty (30) days to file its response to Plaintiff's Motion to Strike certain affirmative defenses. (ECF No. 10). Defendant asserts that the extension is necessary because of "the Thanksgiving holiday and ongoing settlement discussions between the parties that may moot the need for a substantive response." (Id at 1). Having carefully reviewed the record and the Motion, the Court concludes that Defendant has not established good cause for a 30-day extension, but a shorter extension of time is warranted. Accordingly, the Court hereby ORDERS that the Motion, (ECF No. 10), is GRANTED IN PART. Defendant shall file its response to Plaintiff's Motion to Strike no later than December 13, 2021. The Court notes that Defendant filed its Motion for Extension of Time on the day its response was due. Section II(B) of the Court's Practices and Procedures requires that all motions for extensions of time, absent an emergency, be filed no later than 48 hours prior to the deadline at issue, and permits the imposition of sanctions for non-emergent requests that fail to comply with this requirement. The parties are cautioned that going forward, all motions must comply with the Federal Rules of Civil Procedure, the Local Rules and the Court's Practices and Procedures. Signed by Magistrate Judge Chris M. McAliley on 11/30/2021. (nsy)
November 29, 2021 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #9 Plaintiff's MOTION to Strike #3 ANSWER to Complaint (Notice of Removal) by Consumer Portfolio Services, Inc.. (Attachments: #1 Text of Proposed Order)(Apatov, Joseph)
November 15, 2021 Filing 9 (WITHDRAWN PER DE#14 ) Plaintiff's MOTION to Strike #3 ANSWER to Complaint (Notice of Removal) by Jennifer Brown. Responses due by 11/29/2021 (Attachments: #1 Text of Proposed Order)(Ayala Maura, Eduardo) Modified Text on 12/13/2021 (cds).
November 10, 2021 Filing 8 Joint SCHEDULING REPORT - Rule 16.1 by Consumer Portfolio Services, Inc. (Attachments: #1 Text of Proposed Order)(Apatov, Joseph)
November 8, 2021 Filing 7 NOTICE by Consumer Portfolio Services, Inc. re #6 Status Report, #5 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, (Attachments: #1 Exhibit A - Civil Cover Sheet, #2 Exhibit B - Class Action Complaint, #3 Exhibit C - Docket, #4 Exhibit D - Return of Service, #5 Exhibit E - Notice of Appearance, #6 Exhibit F - Motion for Extension of Time, #7 Exhibit G - Order Granting Motion for Extension of Time, #8 Exhibit H - Notice of Filing Notice of Removal) (Apatov, Joseph)
November 8, 2021 Filing 6 STATUS REPORT (Removal) by Consumer Portfolio Services, Inc. (Apatov, Joseph)
October 27, 2021 Opinion or Order Filing 5 ORDER OF REFERRAL to Magistrate Judge Chris M. McAliley for Pretrial Non-Dispositive Matters AND NOTICE OF COURT PRACTICE IN REMOVAL CASES. Signed by Judge Kathleen M. Williams on 10/27/2021. See attached document for full details. (cds)
October 25, 2021 Filing 4 Bar Letter re: Admissions sent to attorney Luis F. Quesada and Anthony J. Rollo, mailing date October 25, 2021, (pt)
October 25, 2021 Filing 3 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Consumer Portfolio Services, Inc.. (Apatov, Joseph)
October 22, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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)
October 22, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 402.00 receipt number AFLSDC-15117684, filed by Consumer Portfolio Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint, #3 Exhibit B - State Civil Cover Sheet, #4 Exhibit C - Return of Service, #5 Exhibit D - Notice of Appearance, #6 Exhibit E - Motion for Extension of Time, #7 Exhibit F - Order Granting Motion for Extension of Time)(Apatov, Joseph)

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Plaintiff: Jennifer Brown
Represented By: Eduardo Ayala Maura
Represented By: Luis F. Quesada
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Defendant: Consumer Portfolio Services, Inc.
Represented By: Joseph Andrew Apatov
Represented By: Anthony J. Rollo
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