Santi v. Professional Parking Management Corporation et al
| Maria Santi |
| Professional Parking Management Corporation, YSA Arm LLC d/b/a Oxygen XL and YSA Arm LLC doing business as Oxygen XL |
| 1:2023cv21212 |
| March 28, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 21 MOTION TO DISMISS #19 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #19 Amended Complaint/Amended Notice of Removal ( Responses due by 6/23/2023) by Professional Parking Management Corporation. (Smeryage, Colleen) |
Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of its First Amended Complaint. #19 . The amended complaint moots Defendant Professional Parking Management Corporations Motion to Dismiss. #18 . Accordingly, UPON CONSIDERATION of the Amended Complaint #19 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendant's Motion to Dismiss #18 is DENIED AS MOOT. The Clerk of Court is instructed to reopen the case as to Defendant YSA ARM LLC. Signed by Judge K. Michael Moore on 5/30/2023. (rhr)
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| Filing 19 First AMENDED COMPLAINT against Professional Parking Management Corporation, filed by Maria Santi. (Attachments: #1 Exhibit A, #2 Exhibit B)(Patti, Thomas) |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint by Professional Parking Management Corporation. Responses due by 5/26/2023 (Smeryage, Colleen) |
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Notice of Settlement as to Defendant YSA Arm LLC. #16 . Therein, the Parties state that they have reached an agreement. Id. Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED as to Defendant YSA Arm LLC. The Clerk of the Court is instructed to TERMINATE Defendant YSA Arm LLC as a party to this case. Plaintiff and the settling Defendant are hereby directed to file a stipulation of dismissal of all claims against YSA Arm LLC within thirty (30) days from the date of this Notice. If such papers are not filed within the time specified, the Court will be divested of jurisdiction to enforce the settlement agreement. Signed by Judge K. Michael Moore on 5/3/2023. (rhr)
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| Filing 16 NOTICE of Settlement Joint by Maria Santi (Patti, Thomas) |
| Filing 15 CLERK'S NOTICE - Attorney Admissions has updated the contact information for attorney Thomas John Patti, III. (cw) |
| Filing 14 NOTICE of Change of Address, Email or Law Firm Name by Thomas John Patti, III (Patti, Thomas) |
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time to Respond to Complaint. #12 . Therein, Defendant "does not recognize delivery of the Complaint in its mailbox as proper service," and seeks a brief extension to respond to the Complaint because "it is unclear when the Complaint was delivered to [Defendant]" and an extension of time to respond would provide "certainty with respect to when its response to the Complaint is due." See id. at 1-2. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #12 is GRANTED. Defendant shall file a response on or before May 12, 2023. Signed by Judge K. Michael Moore on 4/27/2023. (rhr)
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| Filing 12 Unopposed MOTION for Extension of Time to Respond to Complaint re #1 Complaint by Professional Parking Management Corporation. Attorney Colleen Lynn Smeryage added to party Professional Parking Management Corporation(pty:dft). Responses due by 5/10/2023 (Smeryage, Colleen) |
| Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by YSA Arm LLC (Pankratz, Chelsey) |
| Filing 10 ANSWER and Affirmative Defenses to Complaint by YSA Arm LLC. Attorney Chelsey Rae Pankratz added to party YSA Arm LLC(pty:dft). (Pankratz, Chelsey) |
| Filing 9 ACKNOWLEDGMENT OF SERVICE V. YSA ARM LLC d/b/a Oxygen XL ONLY filed by Maria Santi., CERTIFICATE OF SERVICE by Maria Santi (Zabaleta, Victor) |
| Filing 8 CERTIFICATE OF SERVICE by Maria Santi V. Professional Parking Management Corporation, ACKNOWLEDGMENT OF SERVICE filed by Maria Santi. (Zabaleta, Victor) |
| Filing 7 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Maria Santi (Patti, Thomas) |
| Filing 6 CASE REFERRED to Magistrate Judge Lauren Fleischer Louis. Per DE 5 Order. (ebz) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 3/30/2023. (rhr)
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Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 3/30/2023. (rhr)
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| Filing 3 Summons Issued as to Professional Parking Management Corporation, YSA Arm LLC. (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (rbe) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16477376, filed by Maria Santi. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Exhibit, #5 Exhibit)(Zabaleta, Victor) |
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