ROJAS v. AT&T MOBILITY, LLC et al
| ADRIAN ROJAS |
| AT&T MOBILITY, LLC, AFNI, Inc., TRANSUNION, LLC, Equifax Information Services, LLC, Experian Information Solutions, Inc.,, TransUnion LLC and Experian Information Solutions, Inc. |
| 1:2023cv21427 |
| April 14, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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| Filing 41 NOTICE of Settlement by ADRIAN ROJAS (Lucoff, Joel) |
| Filing 40 NOTICE OF CANCELLATION OF HEARING by ATTORNEY: re #27 NOTICE of Mediation Hearing. Selected/Added Robert Zack as Mediator. Mediation Hearing set for 10/06/2023 at 10:00am. (Lucoff, Joel) (Lucoff, Joel) |
Filing 39
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Agreed Motion to Continue Scheduling Order Deadlines. #38 . Therein, the Parties request that the Court extend the parties' discovery deadlines and continue their trial, currently scheduled for January 2, 2024, by two months. Id. at 3; see also (ECF No. 25 ). The parties explain that additional time is necessary because discovery "is still ongoing, and the parties are actively meeting and conferring to address issues as they arise." #38 at 2. "District courts have 'unquestionable' authority to control their own dockets." Smith v. Psychiatric Sol., Inc., 750 F.3d 1253, 1262 (11th Cir. 2014) (internal citation omitted). "This authority includes 'broad discretion in deciding how best to manage the cases before them.'" Id. (internal citation omitted). Once a scheduling order is entered, it "may be modified only for good cause and with the judge's consent." Fed. R. Civ. P. 16(b)(4). "To establish good cause, the party seeking the extension must establish that the schedule could not be met despite the party's diligence." Ashmore v. Sec'y, Dep't of Transp., 503 F. App'x 683, 685 (11th Cir. 2013); see also Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1419 (11th Cir. 1998). Here, the Court finds that the Parties have not shown good cause justifying an extension of time based on their vague allegations concerning ongoing discovery. Accordingly, 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 Joint Motion #38 is DENIED. The Parties will proceed with the deadlines as set forth in the Court's scheduling order (ECF No. 25). Signed by Judge K. Michael Moore on 9/25/2023. (sdu)
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| Filing 38 Joint MOTION for Extension of Time of Discovery Cutoff Deadline and to Continue Scheduling Order Deadlines by AFNI, Inc., AT&T MOBILITY, LLC. (Pankratz, Chelsey) |
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Filing 37
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal With Prejudice as to TRANSUNION, LLC. #23 . Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim prior to a defendant's filing of an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). In this case, neither an answer nor a motion for summary judgment has been filed by Defendant TransUnion, LLC. 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 WITH PREJUDICE as to Defendant TransUnion, LLC. Signed by Judge K. Michael Moore on 9/22/2023. (sdu)
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Filing 36
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Stipulation of Dismissal with Prejudice as to EQUIFAX INFORMATION SERVICES, LLC #34 and Joint Stipulation of Dismissal with Prejudice as to EXPERIAN INFORMATION SOLUTIONS, INC #35 . Therein, Plaintiff voluntarily dismisses all claims against Defendants Equifax Information Services, LLC and Experian Information Solutions, Inc. Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(ii). Here, the Stipulation of Dismissal is signed by all parties who have appeared. #34 at 1; #35 at 1. Accordingly, UPON CONSIDERATION of the Joint Stipulations of Dismissal, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the above-styled cause is DISMISSED WITH PREJUDICE as to Defendants Equifax Information Services, LLC and Experian Information Solutions, Inc. It is FURTHER ORDERED that Defendant Equifax Information Services, LLC's Motion for Judgment on the Pleadings #28 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 9/21/2023. (sdu)
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| Filing 35 STIPULATION of Dismissal as to EXPERIAN INFORMATION SOLUTIONS, INC by ADRIAN ROJAS (Lucoff, Joel) |
| Filing 34 STIPULATION of Dismissal as to EQUIFAX INFORMATION SERVICES, LLC by ADRIAN ROJAS (Lucoff, Joel) |
| Filing 33 Clerk's Notice of Compliance re 32 Order Striking, (mee) |
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Filing 32
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal as to EQUIFAX INFORMATION SERVICES, LLC #30 and Notice of Voluntary Dismissal as to EXPERIAN INFORMATION SOLUTIONS, INC #31 . Federal Rule of Civil Procedure 41(a) allows a plaintiff to voluntarily dismiss a claim (1) prior to a defendant's filing of an answer or a motion for summary judgment, or (2) by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1). Here, the Stipulations #30 and #31 are not signed by both Parties and Defendants filed Answers #21 and #22 . See Fed. R. Civ. P. 41(a)(1)(A)(i)-(ii). Therefore, Plaintiff's Notices of Voluntary Dismissal do not comply with Rule 41(a). Accordingly, Plaintiff's Notice of Voluntary Dismissal as to EQUIFAX INFORMATION SERVICES, LLC #30 and Notice of Voluntary Dismissal as to EXPERIAN INFORMATION SOLUTIONS, INC #31 are hereby STRICKEN. The Clerk of Court is instructed to STRIKE Plaintiff's Notice of Voluntary Dismissal as to EQUIFAX INFORMATION SERVICES, LLC #30 and Notice of Voluntary Dismissal as to EXPERIAN INFORMATION SOLUTIONS, INC #31 . Signed by Judge K. Michael Moore on 9/20/2023. (sdu)
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| Filing 31 STRICKEN-NOTICE of Voluntary Dismissal as to EXPERIAN INFORMATION SOLUTIONS, INC by ADRIAN ROJAS (Lucoff, Joel) Modified on 9/20/2023 (mee). Per d.e. 32 Order. |
| Filing 30 NOTICE of Voluntary Dismissal as to EQUIFAX INFORMATION SERVICES, LLC by ADRIAN ROJAS (Lucoff, Joel) |
| Filing 29 NOTICE by Equifax Information Services, LLC re #28 MOTION for Judgment on the Pleadings (Attachments: #1 Exhibit 1) (Joffe, Jason) |
| Filing 28 MOTION for Judgment on the Pleadings by Equifax Information Services, LLC. (Joffe, Jason) |
| Filing 27 NOTICE of Mediation Hearing. Selected/Added Robert Zack as Mediator. Mediation Hearing set for 10/06/2023 at 10:00am. (Lucoff, Joel) |
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Filing 26
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning January 2, 2024, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore (rfr)
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Filing 25
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of January 2, 2024, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on December 28, 2023, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for December 19, 2023, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Party's statement of material facts shall be filed as separate exhibits within the Court's electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form "ECF No." In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Court's electronic case filing system (i.e., the page number of the PDF) and the page number of the document. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. 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 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. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore (rfr) #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 24 Joint SCHEDULING REPORT - Rule 16.1 by ADRIAN ROJAS (Lucoff, Joel) |
| Filing 23 NOTICE of Voluntary Dismissal as to TRANSUNION, LLC by ADRIAN ROJAS (Lucoff, Joel) |
| Filing 22 ANSWER and Affirmative Defenses to Complaint by Experian Information Solutions, Inc.. (Cavaliere, Taylor) |
| Filing 21 ANSWER and Affirmative Defenses to Complaint by Equifax Information Services, LLC. (Joffe, Jason) |
| Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement by AT&T MOBILITY, LLC identifying Corporate Parent AT&T Inc. for AT&T MOBILITY, LLC (Pankratz, Chelsey) |
| Filing 19 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by AFNI, Inc. (Pankratz, Chelsey) |
| Filing 18 ANSWER and Affirmative Defenses to Complaint by AFNI, Inc., AT&T MOBILITY, LLC. Attorney Chelsey Rae Pankratz added to party AFNI, Inc.(pty:dft), Attorney Chelsey Rae Pankratz added to party AT&T MOBILITY, LLC(pty:dft). (Pankratz, Chelsey) |
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motions for Extension of Time. #13 #14 . 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 Motions for Extension of Time #13 , #14 is GRANTED IN PART. Defendant Equifax Information Services, LLC and Experian Information Solutions, Inc. shall respond to the Complaint on or before May 26, 2023. Signed by Judge K. Michael Moore (rfr)
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| Reset Answer Due Deadline: Equifax Information Services, LLC answer due 5/26/2023; Experian Information Solutions, Inc. answer due 5/26/2023. Per d.e. 17 Order. (mee) |
| Filing 16 Certificate of Other Affiliates/Corporate Disclosure Statement by ADRIAN ROJAS (Lucoff, Joel) |
| Filing 15 Certificate of Other Affiliates/Corporate Disclosure Statement by Equifax Information Services, LLC identifying Corporate Parent Equifax, Inc. for Equifax Information Services, LLC (Joffe, Jason) |
| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Equifax Information Services, LLC. Attorney Jason Daniel Joffe added to party Equifax Information Services, LLC(pty:dft). (Joffe, Jason) |
| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Experian Information Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(Cavaliere, Taylor) |
| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement by Experian Information Solutions, Inc. identifying Corporate Parent Experian plc, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate Opt-Out Services LLC, Other Affiliate VantageScore Solutions LLC for Experian Information Solutions, Inc. (Cavaliere, Taylor) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ADRIAN ROJAS. Experian Information Solutions, Inc. served on 4/28/2023, response/answer due 5/19/2023. (Lucoff, Joel) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ADRIAN ROJAS. (Lucoff, Joel) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ADRIAN ROJAS. AT&T MOBILITY, LLC served on 4/28/2023, response/answer due 5/19/2023. (Lucoff, Joel) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ADRIAN ROJAS. AFNI, Inc. served on 4/28/2023, response/answer due 5/19/2023. (Lucoff, Joel) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ADRIAN ROJAS. TransUnion LLC served on 4/28/2023, response/answer due 5/19/2023. (Lucoff, Joel) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ADRIAN ROJAS. Equifax Information Services, LLC served on 4/28/2023, response/answer due 5/19/2023. (Lucoff, Joel) |
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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 4/20/2023. (rfr)
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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 4/20/2023. (rfr)
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| Filing 3 Summons Issued as to AFNI, Inc., AT&T MOBILITY, LLC, Equifax Information Services, LLC, Experian Information Solutions, Inc., TransUnion LLC. (bb) |
| 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. 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. (bb) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16539038, filed by ADRIAN ROJAS. (Attachments: #1 Exhibit, #2 Exhibit, #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s), #8 Civil Cover Sheet)(Lucoff, Joel) |
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