Douglas v. Dynamic Recovery Solutions, LLC
| Shermella Douglas |
| Dynamic Recovery Solutions, LLC |
| 1:2022cv20644 |
| March 3, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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| 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 Shermella Douglas. Dynamic Recovery Solutions, LLC served on 3/11/2022, response/answer due 4/1/2022. (Zeig, Justin) |
Filing 6
PAPERLESS AMENDED ORDER. This matter is before the Court on a sua sponte review of the record. Plaintiff asserts a federal cause of action in which standing to sue is based on the United States Court of Appeals for the Eleventh Circuit's opinion in Hunstein v. Preferred Collection and Management Services, Inc., 994 F.3d 1341 (11th Cir. 2021), vacated and superseded, 17 F.4th 1016 (11th Cir. 2021). On November 17, 2021, the Eleventh Circuit vacated their opinion and granted rehearing en banc. See Hunstein v. Preferred Collection & Mgmt. Servs., Inc., 17 F.4th 1103 (11th Cir. 2021). Having reviewed the record and applicable law, the Court finds that a stay will promote judicial economy and efficiency, and potentially prevent the expenditure of unnecessary resources. See Clinton v. Jones, 520 U.S. 681, 706 (1997) (noting that district courts have "broad discretion to stay proceedings as an incident to its power to control its own docket"). Given that the Eleventh Circuit's forthcoming en banc decision will directly address this Court's jurisdiction to hear this matter, a stay is appropriate. Accordingly, it is ORDERED AND ADJUDGED that this case is STAYED pending the en banc opinion on rehearing in Hunstein v. Preferred Collection and Management Services, Inc., No. 19-14434 (11th Cir. 2021). This case is CLOSED for administrative purposes. Plaintiff may serve Defendants during the pendency of the stay. Additionally, the parties shall file a joint motion to reopen the case within fourteen (14) days of the Eleventh Circuit's en banc ruling. Signed by Judge Darrin P. Gayles on 3/11/2022. (jsi)
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Filing 5
PAPERLESS ORDER. This matter is before the Court on a sua sponte review of the record. Plaintiff asserts a federal cause of action in which standing to sue is based on the United States Court of Appeals for the Eleventh Circuit's opinion in Hunstein v. Preferred Collection and Management Services, Inc., 994 F.3d 1341 (11th Cir. 2021), vacated and superseded, 17 F.4th 1016 (11th Cir. 2021). On November 17, 2021, the Eleventh Circuit vacated their opinion and granted rehearing en banc. See Hunstein v. Preferred Collection & Mgmt. Servs., Inc., 17 F.4th 1103 (11th Cir. 2021). Having reviewed the record and applicable law, the Court finds that a stay will promote judicial economy and efficiency, and potentially prevent the expenditure of unnecessary resources. See Clinton v. Jones, 520 U.S. 681, 706 (1997) (noting that district courts have "broad discretion to stay proceedings as an incident to its power to control its own docket").Given that the Eleventh Circuit's forthcoming en banc decision will directly address this Court's jurisdiction to hear this matter, a stay is appropriate. Accordingly, it is ORDERED AND ADJUDGED that this case is STAYED pending the en banc opinion on rehearing in Hunstein v. Preferred Collection and Management Services, Inc., No. 19-14434 (11th Cir. 2021). This case is CLOSED for administrative purposes. The parties shall file a joint motion to reopen the case within fourteen (14) days of the Eleventh Circuit's en banc ruling. Signed by Judge Darrin P. Gayles on 3/8/2022. (jsi)
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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 3/7/2022. (jsi) |
| Filing 3 Summons Issued as to Dynamic Recovery Solutions, LLC. (kpe) |
| 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 Edwin G. Torres 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 Dynamic Recovery Solutions, LLC. Filing fees $ 402.00 receipt number AFLSDC-15445264, filed by Shermella Douglas. (Attachments: #1 Exhibit Exhibit A - Letter, #2 Civil Cover Sheet, #3 Summon(s))(Zeig, Justin) |
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| Plaintiff: Shermella Douglas | |
| Represented By: | Justin E. Zeig |
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| Defendant: Dynamic Recovery Solutions, LLC | |
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