Fettman v. Midland Credit Management, Inc. et al
| Esther Fettman |
| Midland Credit Management, Inc. and Encore Capital Group, Inc. |
| 1:2022cv22643 |
| August 18, 2022 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Consumer Credit |
| 28 U.S.C. § 1441 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on April 7, 2023. A more recent docket listing may be available from PACER.
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Filing 29
Order Compelling Arbitration, Case stayed. Closing Case. For the reasons set forth above, the Court grants the Defendants' motion to compel arbitration (ECF No. 12) and orders the parties to submit their disputes to arbitration. This case is stayed, upon the Defendants request,pending arbitration.* The Court orders Fettman to advise the Court once the arbitration is terminated, the claims at issue are otherwise resolved, or if any claims are not resolved through arbitration. In the meantime, the Clerk is directed to administratively close this case. Any pending motions are denied as moot but may be renewed if appropriate if this case is reopened. Motions terminated: #16 MOTION for Summary Judgment filed by Midland Credit Management, Inc., Encore Capital Group, Inc., #12 MOTION to Compel Individual Arbitration and Stay Proceedings filed by Midland Credit Management, Inc., Encore Capital Group, Inc.. Signed by Judge Robert N. Scola, Jr on 4/7/2023. See attached document for full details. (nan)
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| Filing 28 REPLY to Response to Motion re #16 MOTION for Summary Judgment filed by Encore Capital Group, Inc., Midland Credit Management, Inc.. (Attachments: #1 Response to Statement of Facts)(Burnette, Lauren) |
| Filing 27 RESPONSE in Opposition re #16 MOTION for Summary Judgment filed by Esther Fettman. Replies due by 2/1/2023. (Salazar, Omar) |
| Filing 26 AFFIDAVIT signed by: Esther Fettman by Esther Fettman (Salazar, Omar) |
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Filing 25
PAPERLESS ORDER: The Court grants, in part, #24 the Plaintiff's unopposed motion for an extension of time to respond to the Defendants' motion for summary judgment. The Plaintiff must file her response on or before January 23, 2023. Further extensions of the summary-judgment-motion briefing schedule will not be considered absent a bona fide emergency. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Reset Deadlines/Hearings as to #16 MOTION for Summary Judgment . Responses due by 1/23/2023. PER DE#25 (cds) |
| Filing 24 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #16 MOTION for Summary Judgment by Esther Fettman. (Salazar, Omar) |
| Filing 23 Clerk's Notice to Filer re #21 Notice of Striking. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 22 FINAL MEDIATION REPORT by Jeffrey M. Fleming. Disposition: Case did not settle. (Attachments: #1 Exhibit Mediation Report)(Salazar, Omar) |
| Filing 21 NOTICE of Striking #19 Notice (Other) by Esther Fettman (Salazar, Omar) Modified to add document link on 1/12/2023 (ls). |
| Filing 20 Clerk's Notice to Filer re #19 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event is Mediation Report found under Other Filings, Mediation Documents; CORRECTIVE ACTION REQUIRED - Filer must file a Notice of Striking, then refile the document using the correct event. (ls) |
| Filing 19 "STRICKEN" NOTICE by Esther Fettman Notice of Filing Mediation Report (Attachments: #1 Exhibit Mediation Report) (Salazar, Omar) Modified on 1/12/2023 (ls). (per DE #21 ) |
| Filing 18 NOTICE by Encore Capital Group, Inc., Midland Credit Management, Inc. re #16 MOTION for Summary Judgment of Filing Proposed Order Granting Defendants' Motion for Summary Judgment (Attachments: #1 Text of Proposed Order) (Walsh, Maureen) |
| Filing 17 Statement of: Material Facts by Encore Capital Group, Inc., Midland Credit Management, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Walsh, Maureen) |
| Filing 16 MOTION for Summary Judgment by Encore Capital Group, Inc., Midland Credit Management, Inc.. Responses due by 1/17/2023 (Walsh, Maureen) |
| Filing 15 Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by Esther Fettman (Salazar, Omar) |
| Filing 14 REPLY IN SUPPORT OF MOTION re #12 MOTION to Compel Individual Arbitration and Stay Proceedings filed by Encore Capital Group, Inc., Midland Credit Management, Inc.. (Burnette, Lauren) Modified text on 12/21/2022 (ebz). |
| Filing 13 RESPONSE in Opposition re #12 MOTION to Compel Individual Arbitration and Stay Proceedings filed by Esther Fettman. Replies due by 12/21/2022. (Salazar, Omar) |
| Filing 12 MOTION to Compel Individual Arbitration and Stay Proceedings by Encore Capital Group, Inc., Midland Credit Management, Inc.. Responses due by 12/14/2022 (Attachments: #1 Exhibit 1 - Affidavit of Comenity Bank, #2 Exhibit 1 to Affidavit of Comenity Bank, #3 Exhibit 2 to Affidavit of Comenity Bank, #4 Exhibit 3 to Affidavit of Comenity Bank, #5 Exhibit 4 to Affidavit of Comenity Bank, #6 Exhibit 2 - Affidavit of Midland Credit Management, Inc., #7 Exhibit 1 to Affidavit of Midland Credit Management, Inc., #8 Exhibit 2 to Affidavit of Midland Credit Management, Inc., #9 Exhibit 3 to Affidavit of Midland Credit Management, Inc., #10 Exhibit 4 to Affidavit of Midland Credit Management, Inc., #11 Exhibit 5 to Affidavit of Midland Credit Management, Inc., #12 Text of Proposed Order)(Burnette, Lauren) |
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Filing 11
ORDER Scheduling Mediation before Jeffrey M. Fleming Mediation Hearing set for 1/10/2023 Signed by Judge Robert N. Scola, Jr on 11/15/2022. See attached document for full details. (nan)
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| Filing 10 STATUS REPORT Joint Interim Status Report by Esther Fettman (Salazar, Omar) |
| Filing 9 Consent to Mediation byEsther Fettman (Attachments: #1 Exhibit Order Scheduling Mediation)(Salazar, Omar) |
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Filing 8
SCHEDULING ORDER: ( Jury Trial set for 5/8/2023 in Miami Division before Judge Robert N. Scola Jr.., Calendar Call set for 5/2/2023 09:00 AM in Miami Division before Judge Robert N. Scola Jr..), and ORDER REFERRING CASE to Mediation. Signed by Judge Robert N. Scola, Jr. on 9/23/2022. See attached document for full details. (ls) #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 7 Joint SCHEDULING REPORT - Rule 16.1 by Esther Fettman (Salazar, Omar) |
| Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement by Encore Capital Group, Inc., Midland Credit Management, Inc. identifying Corporate Parent Encore Capital Group, Inc. for Midland Credit Management, Inc. (Burnette, Lauren) |
| Filing 5 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Encore Capital Group, Inc., Midland Credit Management, Inc.. (Burnette, Lauren) |
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Filing 4
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 8/23/2022. See attached document for full details. (fbn)
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Filing 3
Order Requiring Discovery and Scheduling Conference and ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Robert N. Scola, Jr. on 8/22/2022. See attached document for full details. (ls)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (nan) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Esther Fettman, on behalf of herself and all other situated consumers, v. Midland Credit Management, Inc. and Encore Capital Group, Inc.) Filing fee $ 402.00 receipt number AFLSDC-15883277, filed by Encore Capital Group, Inc., Midland Credit Management, Inc.. (Attachments: #1 Summon(s), #2 Summon(s), #3 State Court Complaint, #4 Civil Cover Sheet, No Answer/Motion to Dismiss filed.)(Burnette, Lauren) Modified Attachment Descriptions on 8/19/2022 (nan). |
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