Daniel Clifford Johnson v. Santander Consumer USA, Inc. et al
| Daniel Clifford Johnson |
| Santander Consumer USA, Inc. |
| 1:2022cv22154 |
| July 13, 2022 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Truth in Lending |
| 15 U.S.C. ยง 1601 Truth in Lending |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 9, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 NOTICE of Withdrawal by Daniel Clifford Johnson re #10 Response to MOTION to Deny the Defendant's Second Motion to Dismiss with prejudice. (jas) |
| Filing 13 RESPONSE in Opposition re #11 Defendant's MOTION to Stay Discovery filed by Daniel Clifford Johnson. Replies due by 8/11/2022. (Attachments: #1 Exhibit, #2 Exhibit)(pcs) |
Filing 12
PAPERLESS ORDER denying #11 the Defendant's Motion to Stay Discovery. "Motions to stay discovery are not favored because when discovery is delayed or prolonged it can create case management problems which impede the Court's responsibility to expedite discovery and cause unnecessary litigation expenses and problems." Cuhaci v. Kouri Grp., LP, 2021 WL 1945819, at *2 (S.D. Fla. May 14, 2021) (cleaned up). "[D]iscovery stay motions are generally denied except where a specific showing of prejudice or burdensomeness is made." Montoya v. PNC Bank, N.A., 2014 WL 2807617, at *2 (S.D. Fla. June 20, 2014). The party moving for a stay of discovery "bears the burden of showing good cause and reasonableness." Feldman v. Flood, 176 F.R.D. 651, 652 (M.D. Fla. 1997). Similarly, the Court's scheduling orders - including its orders scheduling mediation - may be modified "only for good cause." Fed. R. Civ. P. 16(b)(4). The Defendant has failed to justify a stay of discovery here. The Defendant's sole justification for requesting a stay is that its pending motion to dismiss might eliminate the need for discovery. But that could be said of every motion to dismiss. Almost by definition, then, it has failed to make a "specific showing of prejudice or burdensomeness." It has not, for example, pointed to extraordinary costs or to a long-awaited ruling on a dispositive motion or to a particularly dubious complaint. In fact, taking "a preliminary peek" at the merits of the motion to dismiss, the motion is not "clearly" meritorious. Feldman, 176 F.R.D. at 652-53. For these reasons, the Defendant has not established that a stay would be reasonable or that there is good cause for the request in this case. Signed by Judge Roy K. Altman on 8/2/2022. (ema)
|
| Filing 11 Defendant's MOTION to Stay Discovery by Santander Consumer USA, Inc.. Responses due by 8/16/2022 (Oakes, Courtney) |
| Filing 10 RESPONSE to Deny the Defendants Second Motion to Dismiss with prejudice by Daniel Clifford Johnson. (Attachments: #1 Exhibits)(ls) |
| Filing 9 Clerk's Notice to Filer re #7 Response/Reply (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#8]. It is not necessary to refile this document. (ls) |
| Filing 8 REPLY to Response to Motion re #3 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Santander Consumer USA, Inc.. (ls)(See Image at DE #7 ) |
| Filing 7 Defendant's REPLY to #5 Response in Opposition to Motion to Dismiss by Santander Consumer USA, Inc.. (Oakes, Courtney) |
| Filing 6 NOTICE of Filing Discovery: Motion and Request for Production of Documents by Daniel Clifford Johnson.(ls) |
| Filing 5 RESPONSE in Opposition re #3 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Daniel Clifford Johnson. Replies due by 7/26/2022. (ls) |
| Filing 4 Corporate Disclosure Statement by Santander Consumer USA, Inc. identifying Corporate Parent Banco Santander, S.A. for Santander Consumer USA, Inc. (Oakes, Courtney) |
| Filing 3 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Santander Consumer USA, Inc.. Responses due by 8/1/2022 (Oakes, Courtney) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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. (pc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Plaintiff Complaint Against Federal Consumer Rights Violations Under Title 15 Chapter 41, Violation of The Truth In Lending Act (15 Usc 1601), Violation of The Fair Credit Reporting Act (15 Usc1681), Verified Complaint For Declaratory Relief And Default) Filing fee $ 402.00 receipt number AFLSDC-15786704, filed by Santander Consumer USA, Inc., Daniel Clifford Johnson. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Complaint, #3 Exhibit Appearance, #4 Exhibit Motion for Extension, #5 Exhibit Response to Motion, #6 Exhibit Motion for Default)(Oakes, Courtney). (No Answer/Motion to Dismiss filed) Modified text on 7/13/2022 (pc). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Daniel Clifford Johnson v. Santander Consumer USA, Inc. et al | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Daniel Clifford Johnson | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Santander Consumer USA, Inc. | |
| Represented By: | Robert Carter Burgess |
| Represented By: | Courtney Oakes |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
