Fernandez v. PORTFOLIO RECOVERY ASSOCIATES, LLC
Plaintiff: Wilmer Fernandez
Defendant: PORTFOLIO RECOVERY ASSOCIATES, LLC
Case Number: 1:2023cv21160
Filed: March 23, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
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 April 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 25, 2023 Set/Reset Response/Answer Due Deadline per DE 8 Order. (amb)
April 25, 2023 Opinion or Order Filing 8 PAPERLESS ORDER administratively closing case in light of #7 Notice of Proposed Settlement, which indicates that this matter has settled in full. The parties are hereby notified that, within thirty (30) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions are denied as moot. Signed by Judge Darrin P. Gayles on 4/25/2023. (mja)
April 21, 2023 Filing 7 NOTICE of Settlement by Wilmer Fernandez (Lucoff, Joel)
April 21, 2023 Opinion or Order Filing 6 PAPERLESS ORDER ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendant on March 29, 2023, [ECF No. 5]. Defendant, however, has failed to plead or otherwise defend this action after being served with process. Accordingly, within five (5) days of the date of this Order, Plaintiff shall file for entry of default by the Clerk as to the defendant. Within ten (10) days of entry of default by the Clerk, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiff's failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Signed by Judge Darrin P. Gayles on 4/21/2023. (mja)
March 30, 2023 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 Wilmer Fernandez. PORTFOLIO RECOVERY ASSOCIATES, LLC served on 3/29/2023, response/answer due 4/19/2023. (Lucoff, Joel)
March 27, 2023 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 3/27/2023. (mja)
March 24, 2023 Filing 3 Summons Issued as to PORTFOLIO RECOVERY ASSOCIATES, LLC. (jua)
March 23, 2023 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. 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)
March 23, 2023 Filing 1 COMPLAINT against PORTFOLIO RECOVERY ASSOCIATES, LLC. Filing fees $ 402.00 receipt number AFLSDC-16461180, filed by Wilmer Fernandez. (Attachments: #1 Summon(s), #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet)(Lucoff, Joel)

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Plaintiff: Wilmer Fernandez
Represented By: Joel David Lucoff
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Defendant: PORTFOLIO RECOVERY ASSOCIATES, LLC
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