FRANKO v. MEDICREDIT, INC.
| LUANA FRANKO |
| MEDICREDIT, INC. |
| 1:2022cv20569 |
| February 24, 2022 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Kathleen M Williams |
| Consumer Credit |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Both |
Docket Report
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Filing 19
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL AND ADMINISTRATIVELY CLOSING CASE. THIS MATTER is before the Court on the notice #18 indicating that the Parties have reached a settlement. Accordingly, it is ORDERED AND ADJUDGED that on or before May 13, 2022, the Parties shall file a joint stipulation of dismissal. If the Parties wish for the Court to retain jurisdiction beyond the filing of their joint stipulation, 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 4/13/2022. (shy)
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| Filing 18 NOTICE of Settlement by LUANA FRANKO (Patti, Thomas) |
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Filing 17
PAPERLESS ORDER. Defendant has filed an unopposed #16 Motion for Extension of Time to Respond to Plaintiff's First Amended Complaint. (ECF No. 16). For good cause shown, the Court hereby ORDERS that the Motion for Extension of Time, (ECF No. 16), is GRANTED. Defendant shall file its response to the First Amended Complaint no later than April 5, 2022. Signed by Magistrate Judge Chris M. McAliley on 3/28/2022. (nsy)
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| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 Amended Complaint/Amended Notice of Removal by MEDICREDIT, INC.. (O'Malley, Drew) |
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Filing 15
SCHEDULING ORDER: Jury Trial set for 2/27/2023 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 2/21/2023 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 3/17/2022. 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 14
PAPERLESS ORDER denying as moot #10 Motion to Dismiss for Failure to State a Claim. In light of the Amended Complaint #12 , Defendant's Motion to Dismiss is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 3/16/2022. (shy)
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| Filing 13 Joint SCHEDULING REPORT - Rule 26(f) by LUANA FRANKO (Attachments: #1 Text of Proposed Order)(Patti, Thomas) |
| Filing 12 First AMENDED COMPLAINT against MEDICREDIT, INC., filed by LUANA FRANKO. (Attachments: #1 Exhibit A, #2 Exhibit B)(Patti, Thomas) |
| Filing 11 NOTICE by MEDICREDIT, INC. re #10 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM [Notice of Claim of Unconstitutionality (O'Malley, Drew) |
| Filing 10 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by MEDICREDIT, INC.. Responses due by 3/22/2022 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(O'Malley, Drew) |
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Filing 9
PAPERLESS ORDER granting #6 Defendant's Unopposed Motion for Leave to File Legal Brief in Excess of Twenty Pages. Defendant is hereby granted leave to file a motion to dismiss that does not exceed thirty (30) pages in length, exclusive of any cover page, table of contents, table of authorities, signature block, and certificate of service. Although the Court has agreed to enlarge the page limit, Defendant should utilize the excess pages only if necessary and should be as concise as possible when drafting its anticipated motion to dismiss. Signed by Magistrate Judge Chris M. McAliley on 3/8/2022. (nsy)
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| Filing 8 STATUS REPORT [REMOVAL STATUS REPORT] by MEDICREDIT, INC. (O'Malley, Drew) |
| Filing 7 NOTICE by MEDICREDIT, INC. re #4 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (O'Malley, Drew) |
| Filing 6 Unopposed MOTION for Leave to File Excess Pages by MEDICREDIT, INC.. (O'Malley, Drew) |
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Filing 5
PAPERLESS ORDER. Defendant has filed an #3 Unopposed Motion to Extend the Time to Respond to Plaintiff's Complaint. For good cause shown, the Court hereby ORDERS that the Unopposed Motion to Extend, (ECF No. 3), is GRANTED. Defendant shall file its response to the Complaint no later than March 10, 2022. Signed by Magistrate Judge Chris M. McAliley on 3/2/2022. (nsy)
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Filing 4
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 3/2/2022. See attached document for full details. (cds)
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| Filing 3 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by MEDICREDIT, INC.. (O'Malley, Drew) |
| 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. (jua) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Eleventh Judicial Court - Miami Dade County) Filing fee $ 402.00 receipt number AFLSDC-15426984, filed by MEDICREDIT INC.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A - State Court Documents)(O'Malley, Drew) |
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| Plaintiff: LUANA FRANKO | |
| Represented By: | Jibrael Jarallah Said Hindi |
| Represented By: | Thomas John Patti, III |
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| Defendant: MEDICREDIT, INC. | |
| Represented By: | Drew Patrick O'Malley |
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