MONTALDO v. Midland Credit Management, Inc.
Plaintiff: Esperanza Montaldo and ESPERANZA ZAMBRANO
Defendant: Midland Credit Management, Inc.
Case Number: 1:2022cv23538
Filed: October 31, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Referring Judge: Edwin G Torres
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. ยง 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 29, 2022 Opinion or Order Filing 14 ORDER SETTING DISCOVERY PROCEDURES. Signed by Ch. Magistrate Judge Edwin G. Torres on 12/29/2022. See attached document for full details. (mdc)
December 19, 2022 Opinion or Order Filing 13 SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: Jury Trial set for 8/14/2023 before Judge Darrin P. Gayles. Calendar Call set for 8/9/2023 9:30 AM before Judge Darrin P. Gayles. Status Conference set for 4/5/2023 10:00 AM before Judge Darrin P. Gayles. ORDER REFERRING CASE to Mediation. Mediation Deadline 3/19/2023. ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Darrin P. Gayles on 12/19/2022. See attached document for full details. (mab) #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. Modified Title on 12/20/2022 (mab).
December 19, 2022 Filing 12 Corporate Disclosure Statement by Midland Credit Management, Inc. (Marees, John)
December 16, 2022 Filing 11 Clerk's Notice to Filer re #10 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. Lauren M. Burnette; Maureen B. Walsh. (cds)
December 16, 2022 Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement by Midland Credit Management, Inc. identifying Corporate Parent Encore Capital Group, Inc. for Midland Credit Management, Inc. (Marees, John)
December 16, 2022 Filing 9 Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by Midland Credit Management, Inc. (Marees, John)
December 16, 2022 Filing 8 Joint SCHEDULING REPORT - Rule 16.1 by Midland Credit Management, Inc. (Attachments: #1 Text of Proposed Order)(Marees, John)
November 29, 2022 Opinion or Order Filing 7 PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before December 16, 2022, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (bhy)
November 29, 2022 Filing 6 ANSWER and Affirmative Defenses to Complaint by Midland Credit Management, Inc.. Attorney John Michael Marees, II added to party Midland Credit Management, Inc.(pty:dft). (Marees, John)
November 11, 2022 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Esperanza Montaldo. Midland Credit Management, Inc. served on 11/7/2022, response/answer due 11/28/2022. (Lucoff, Joel)
November 8, 2022 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 (bhy)
October 31, 2022 Filing 3 Summons Issued as to Midland Credit Management, Inc.. (aao)
October 31, 2022 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. (aao)
October 31, 2022 Filing 1 COMPLAINT against Midland Credit Management, Inc.. Filing fees $ 402.00 receipt number AFLSDC-16064426, filed by ESPERANZA MONTALDO f/k/a ESPERANZA ZAMBRANO. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Lucoff, Joel)

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Plaintiff: Esperanza Montaldo
Represented By: Joel David Lucoff
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Plaintiff: ESPERANZA ZAMBRANO
Represented By: Joel David Lucoff
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Defendant: Midland Credit Management, Inc.
Represented By: John Michael Marees, II
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