Rodriguez Portal v. Experian Information Solutions, Inc. et al
| Antonio Rodriguez Portal |
| Experian Information Solutions, Inc., Trans Union, LLC, First Premier Bank, U.S. Bank, N.A. and Superior Credit Union, Inc. |
| 1:2022cv20304 |
| January 28, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Defendant |
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Filing 35
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Antonio Rodriguez Portal's Notice of Voluntary Dismissal. #34 . Therein, Plaintiff notifies the Court that this case is dismissed without prejudice as to Defendant Superior Credit Union, Inc. Id. Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim by filing a notice of dismissal before the opposing party serves an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). Here, Defendant Superior Credit Union, Inc. has not filed an answer or motion for summary judgment. Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the above-styled cause is DISMISSED WITHOUT PREJUDICE as to Defendant Superior Credit Union, Inc. The Clerk of Court is INSTRUCTED to TERMINATE Defendant Superior Credit Union, Inc. from this case. Signed by Judge K. Michael Moore on 3/22/2022. (elm)
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| Filing 34 NOTICE of Voluntary Dismissal as to Superior Credit Union, Inc. by Antonio Rodriguez Portal (Steinmetz, Yosef) |
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Filing 33
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Antonio Rodriguez Portal's Notice of Voluntary Dismissal. #32 . Therein, Plaintiff notifies the Court that this case is dismissed without prejudice as to Defendant U.S. Bank, N.A. Id. Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim by filing a notice of dismissal before the opposing party serves an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). Here, Defendant U.S. Bank, N.A. has not filed an answer or motion for summary judgment. Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the above-styled cause is DISMISSED WITHOUT PREJUDICE as to Defendant U.S. Bank, N.A. The Clerk of Court is INSTRUCTED to TERMINATE Defendant U.S. Bank, N.A. from this case. Signed by Judge K. Michael Moore on 3/16/2022. (elm)
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| Filing 32 NOTICE of Voluntary Dismissal as to Defendant U.S. Bank, N.A. by Antonio Rodriguez Portal (Steinmetz, Yosef) |
| Filing 31 Amended ANSWER and Affirmative Defenses to Complaint by Trans Union, LLC. (Solhtalab, Erika) |
| Filing 30 ANSWER and Affirmative Defenses to Complaint by Experian Information Solutions, Inc.. (Ruiz, Maria) |
| Filing 29 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Yosef Steinmetz re #28 Notice of Change of Address, Email or Law Firm Name. Attorney Yosef Steinmetz has not completed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 28 NOTICE of Change of Address and Contact Information by Yosef Steinmetz (Steinmetz, Yosef) Modified text on 3/2/2022 (kpe). |
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Filing 27
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Superior Credit Union, Inc.'s Unopposed Motion for an Extension of Time to File a Response to Plaintiff's Complaint. #25 . Therein, Defendant requests an extension of time, up to and including March 21, 2022, to respond to Plaintiff's Complaint because Defendant requires additional time to investigate Plaintiff's claims. Id. at 1-2. Defendant's response is currently due on or before February 28, 2022. See #13 . Plaintiff does not oppose the Motion. #25 at 2. Based on the foregoing, the Court finds good cause to grant Defendant's timely request for an extension of time. See Fed. R. Civ. P. 6(b)(1). Accordingly, 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 #25 is GRANTED. Defendant Superior Credit Union, Inc. may respond to Plaintiff's Complaint on or before March 21, 2022. Signed by Judge K. Michael Moore on 2/25/2022. (elm)
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| Filing 26 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Superior Credit Union, Inc. (Krause, Matthew) |
| Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Superior Credit Union, Inc.. Attorney Matthew G. Krause added to party Superior Credit Union, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order proposed Order)(Krause, Matthew) |
| Filing 24 ANSWER and Affirmative Defenses to Complaint with Jury Demand by First Premier Bank. (Denny, Charles) |
| Filing 23 Corporate Disclosure Statement by First Premier Bank identifying Corporate Parent United National Corporation for First Premier Bank (Denny, Charles) |
| Filing 22 Certificate of Other Affiliates/Corporate Disclosure Statement by Trans Union, LLC identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Corporate Parent TransUnion, Other Affiliate T. Rowe Price Group, Inc. for Trans Union, LLC (Solhtalab, Erika) |
| Filing 21 ANSWER and Affirmative Defenses to Complaint by Trans Union, LLC. Attorney Erika Pena Solhtalab added to party Trans Union, LLC(pty:dft). (Solhtalab, Erika) |
| Filing 20 Clerks Notice to Filer re #15 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (pcs) |
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant U.S. Bank, N.A.'s Agreed Motion for Enlargement of Time to Respond to Plaintiff's Complaint. #16 . Therein, Defendant requests a twenty-one (21) day extension of the deadline to respond to the Complaint, up to and including March 16, 2022, because Defendant requires additional time to investigate the allegations in Plaintiff's Complaint. Id. at 2. Defendant's response is currently due on or before February 23, 2022. See #10 . Plaintiff does not oppose the Motion. #16 at 3. Based on the foregoing, the Court finds good cause to grant Defendant's timely request for an extension of time. See Fed. R. Civ. P. 6(b)(1). Accordingly, 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 #16 is GRANTED. Defendant U.S. Bank, N.A. may respond to Plaintiff's Complaint on or before March 16, 2022. Signed by Judge K. Michael Moore on 2/22/2022. (elm)
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| Filing 18 NOTICE of Attorney Appearance by Andrew Charles Wilson on behalf of First Premier Bank. Attorney Andrew Charles Wilson added to party First Premier Bank(pty:dft). (Wilson, Andrew) |
| Filing 17 NOTICE of Attorney Appearance by Charles W Denny, IV on behalf of First Premier Bank. Attorney Charles W Denny, IV added to party First Premier Bank(pty:dft). (Denny, Charles) |
| Filing 16 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by U.S. Bank, N.A.. (Ustler, Robinson) |
| Filing 15 Corporate Disclosure Statement by U.S. Bank, N.A. (Ustler, Robinson) |
| Filing 14 NOTICE of Attorney Appearance by Robinson Keith Ustler on behalf of U.S. Bank, N.A.. Attorney Robinson Keith Ustler added to party U.S. Bank, N.A.(pty:dft). (Ustler, Robinson) |
| 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 Antonio Rodriguez Portal. Superior Credit Union, Inc. served on 2/7/2022, response/answer due 2/28/2022. (Steinmetz, Yosef) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Antonio Rodriguez Portal. First Premier Bank served on 2/2/2022, response/answer due 2/23/2022. (Steinmetz, Yosef) |
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Experian Information Solutions, Inc.'s Agreed Motion for Extension of Time to Respond to Complaint. #8 . Therein, Defendant requests a fourteen (14) day extension of the deadline to respond to the Complaint, up to and including March 10, 2022, because Defendant requires additional time to investigate Plaintiff's claims and locate related documents. Id. at 1. Defendant's response is currently due on or before February 24, 2022. See #6 . Plaintiff does not oppose the Motion. #8 at 1. Based on the foregoing, the Court finds good cause to grant Defendant's timely request for an extension of time. See Fed. R. Civ. P. 6(b)(1). Accordingly, 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 #8 is GRANTED. Defendant Experian Information Solutions, Inc. may respond to Plaintiff's Complaint on or before March 10, 2022. Signed by Judge K. Michael Moore on 2/11/2022. (elm)
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| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Antonio Rodriguez Portal. U.S. Bank, N.A. served on 2/2/2022, response/answer due 2/23/2022. (Steinmetz, Yosef) |
| Filing 9 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. (Ruiz, Maria) |
| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Experian Information Solutions, Inc.. Attorney Maria Helena Ruiz added to party Experian Information Solutions, Inc.(pty:dft). (Ruiz, Maria) |
| 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 Antonio Rodriguez Portal. Trans Union, LLC served on 2/1/2022, response/answer due 2/22/2022. (Steinmetz, Yosef) |
| 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 Antonio Rodriguez Portal. Experian Information Solutions, Inc. served on 2/3/2022, response/answer due 2/24/2022. (Steinmetz, Yosef) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis 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 Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 2/1/2022. (elm)
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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 Judge K. Michael Moore on 2/1/2022. (elm)
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| Filing 3 Summons Issued as to Experian Information Solutions, Inc., First Premier Bank, Superior Credit Union, Inc., Trans Union, LLC, U.S. Bank, N.A.. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (kpe) |
| Filing 1 COMPLAINT against Experian Information Solutions, Inc., First Premier Bank, Superior Credit Union, Inc., Trans Union, LLC, U.S. Bank, N.A.. Filing fees $ 402.00 receipt number AFLSDC-15356566, filed by Antonio Rodriguez Portal. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Steinmetz, Yosef) |
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