Stiehler v. Experian Information Services LLC
Plaintiff: Darren Stiehler
Defendant: Experian Information Services LLC
Case Number: 1:2023cv21694
Filed: May 5, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Roy K Altman
Referring Judge: Lisette M Reid
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1681 Fair Credit Reporting Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2023 Opinion or Order Filing 27 PAPERLESS ORDER granting by default #17 the Defendant's Motion to Dismiss the Second Amended Complaint (the "Motion"). The Defendant filed its Motion on June 12, 2023, so the Plaintiff's response was due on June 26, 2023, see S.D. Fla. L.R. 7.1(c)(1) ("For all motions, except motions served with the summons and complaint, each party opposing a motion shall file and serve an opposing memorandum of law no later than fourteen (14) days after service of the motion. Failure to do so may be deemed sufficient cause for granting the motion by default." (emphasis added)). Because the Plaintiff, Darren Stiehler, has failed to respond to the Motion, we now GRANT the Motion and dismiss #11 the Second Amended Complaint. The Clerk of Court is directed to CLOSE this case. All hearings and deadlines are terminated and all pending motions are denied as moot. Signed by Judge Roy K. Altman on 6/29/2023. (lcr)
June 23, 2023 Opinion or Order Filing 26 ORDER SCHEDULING MEDIATION before Candace Duff. Mediation Hearing set for 8/31/2023 at 01:00 PM. Signed by Judge Roy K. Altman on 6/23/2023. See attached document for full details. (caw)
June 23, 2023 Filing 25 Joint NOTICE of Mediation Hearing. Mediation Hearing set for 8/31/2023 at 1:00 p.m.. (Attachments: #1 Text of Proposed Order)(Abril, Laura)
June 21, 2023 Opinion or Order Filing 24 ORDER SCHEDULING VIDEO STATUS CONFERENCES: STATUS CONFERENCE set for 7/6/2023 at 02:00 PM before Judge Roy K. Altman. Signed by Judge Roy K. Altman on 6/21/2023. See attached document for full details. (caw)
June 17, 2023 Opinion or Order Filing 23 PAPERLESS ORDER denying #18 the Defendant's Motion to Stay Discovery. "Motions to stay discovery are not favored because when discovery is delayed or prolonged it can create case management problems which impede the Court's responsibility to expedite discovery and cause unnecessary litigation expenses and problems." Cuhaci v. Kouri Grp., LP, 2021 WL 1945819, at *2 (S.D. Fla. May 14, 2021) (Bloom, J.) (cleaned up). And, "[t]his District's Local Rules make clear... that a stay of discovery pending the determination of a motion to dismiss is the exception rather than the rule." Ray v. Spirit Airlines, Inc., 2012 WL 5471793, at *1 (S.D. Fla. Nov. 9, 2012) (Scola, J.). Indeed, "a request to stay discovery pending a resolution of a motion is rarely appropriate unless resolution of the motion will dispose of the entire case." McCabe v. Foley, 233 F.R.D. 683, 685 (M.D. Fla. 2006) (emphasis added). "To evaluate whether there is a strong likelihood the dismissal motion will be granted and entirely eliminate the need for such discovery, the district court must take a preliminary peek at the merits of the motion." Ray, 2012 WL 5471793, at *1. Ultimately, though, "the proponent of the stay bears the burden of demonstrating its necessity, appropriateness, and reasonableness." Ibid. Here, the Defendant has failed to establish that a stay is warranted at this stage. The Defendant urges us to stay discovery, because (according to the Defendant) its Motion to Dismiss "does not require any discovery," and the Plaintiff's claims are "non-meritorious." Motion at 3, 5. But we've taken a "preliminary peek" at the Motion to Dismiss and -- while we haven't analyzed it fully -- it looks like it "may not be the 'slam-dunk' submission[] the Defendant[] describe[s] [it] to be[.]" Montoya v. PNC Bank, N.A., 2014 WL 2807617, at *2 (S.D. Fla. June 20, 2014) (Goodman, Mag. J.). While the Defendant raises some colorable legal arguments in favor of abstention, there appears to be a genuine dispute here. "Under such circumstances, it is proper for the Court to permit discovery to proceed." Flecha v. Neighbors Moving Services, Inc., 944 F.Supp.2d 1201, 1203 (S.D. Fla. 2013) (Snow, Mag. J.). Signed by Judge Roy K. Altman on 6/17/2023. (lcr)
June 17, 2023 Opinion or Order Filing 22 PAPERLESS ORDER granting #19 Joint Motion for Extension of Time to Schedule Mediation. The parties shall file a proposed order scheduling mediation by June 23, 2023. Signed by Judge Roy K. Altman on 6/17/2023. (lcr)
June 15, 2023 Filing 21 Clerk's Appointment of Mediator: Candace R Duff added (pt)
June 15, 2023 Filing 20 Request for Clerk to Appoint Mediator(Abril, Laura)
June 15, 2023 Filing 19 Joint MOTION for Extension of Time to Schedule Mediation re #16 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, by Experian Information Services LLC. Responses due by 6/29/2023 (Attachments: #1 Text of Proposed Order)(Cavaliere, Taylor)
June 15, 2023 Filing 18 MOTION to Stay Discovery Pending its Motion to Dismiss by Experian Information Services LLC. Responses due by 6/29/2023 (Cavaliere, Taylor)
June 12, 2023 Filing 17 MOTION TO DISMISS #11 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Experian Information Services LLC. Responses due by 6/26/2023 (Cavaliere, Taylor)
May 30, 2023 Opinion or Order Filing 16 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 5/6/2024 in Miami Division before Judge Roy K. Altman., Calendar Call set for 4/30/2024 01:45 PM in Miami Division before Judge Roy K. Altman., Amended Pleadings due by 7/14/2023., Discovery due by 1/9/2024., Expert Discovery due by 1/9/2024., Joinder of Parties due by 7/14/2023., In Limine Motions due by 4/1/2024., Pretrial Motions due by 1/31/2024., Joint Pretrial Stipulation due by 4/22/2024.), ORDER REFERRING CASE to Mediation. (Mediation Deadline 1/23/2024.), ORDER REFERRING CASE to Magistrate Judge Lisette M Reid for all pretrial non-dispositive and discovery matters. Signed by Judge Roy K. Altman on 5/30/2023. See attached document for full details. (jas)
May 26, 2023 Filing 15 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Darren Stiehler (Abril, Laura)
May 26, 2023 Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by Darren Stiehler (Abril, Laura)
May 18, 2023 Filing 13 STATUS REPORT by Experian Information Services LLC (Cavaliere, Taylor)
May 17, 2023 Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement by Experian Information Services LLC 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 Services LLC (Cavaliere, Taylor)
May 15, 2023 Filing 11 Second AMENDED COMPLAINT against Experian Information Services LLC filed in response to Order Granting Motion for Leave, filed by Darren Stiehler. (Attachments: #1 Exhibits A-G, #2 Exhibits H-K)(Abril, Laura)
May 12, 2023 Opinion or Order Filing 10 PAPERLESS ORDER granting #9 the Plaintiff's Unopposed Motion for Leave to Amend. The Plaintiff shall file his Amended Complaint by May 15, 2023. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Roy K. Altman on 5/12/2023. (ema)
May 11, 2023 Filing 9 First MOTION to Amend/Correct #1 Notice of Removal (State Court Complaint), 5 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney,, #3 Amended Complaint/Amended Notice of Removal, by Darren Stiehler. Responses due by 5/25/2023 (Attachments: #1 Exhibit Plaintiffs disputes and complaints submitted to defendant before and throughout litigation, #2 Exhibit EXHIBIT H plaintiffs damages incurred from defendants negligence. EXHIBIT I-K Defendant response to plaintiffs complaints.)(Abril, Laura)
May 11, 2023 Opinion or Order Filing 8 PAPERLESS ORDER granting #6 the Defendant's Unopposed Motion for an Extension of Time. The Defendant shall respond to the Complaint by June 11, 2023. Signed by Judge Roy K. Altman on 5/11/2023. (ema)
May 10, 2023 Filing 7 First AMENDED NOTICE OF REMOVAL of plaintiffs amended complaint and exhibits in support of amended complaint. against All Defendants, filed by Darren Stiehler.(Abril, Laura)
May 9, 2023 Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Experian Information Services LLC. (Attachments: #1 Text of Proposed Order)(Cavaliere, Taylor)
May 7, 2023 Filing 5 Clerk's Notice to Filer re #3 Amended Complaint/Amended Notice of Removal,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ebz)
May 7, 2023 Filing 3 First AMENDED COMPLAINT in response to defendants motion to leave state court against Darren Stiehler filed in response to Order Granting Motion for Leave, filed by Darren Stiehler. (Attachments: #1 Exhibit EXHIBIT A-G Dispute letters Plaintiffs submitted to defendants before and throughout the litigation process, #2 Exhibit EXHIBIT H damages plaintiff accrued because of defendants negligence. Exhibit I-K defendants responses to plaintiffs complaints)(Suriel, Anibal)
May 5, 2023 Opinion or Order Filing 4 Order Requiring Removal Status Report and Joint Scheduling Report. ( Removal Status Report due by 5/19/2023.) Joint Scheduling Report due by 5/26/2023. Signed by Judge Roy K. Altman on 5/5/2023. See attached document for full details. (ls)
May 5, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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)
May 5, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Statement of Claim) Filing fee $ 402.00 receipt number AFLSDC-16595302, filed by Experian Information Services, Inc. No Answer/ Motion to Dismiss Filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint, #3 Exhibit B - State Court Docket, #4 Exhibit C - Other State Court Documents)(Cavaliere, Taylor) Modified text & attachment description on 5/5/2023 (rbe).

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Plaintiff: Darren Stiehler
Represented By: Laura Andrea Abril
Represented By: Anibal Suriel
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Defendant: Experian Information Services LLC
Represented By: Taylor Rose Cavaliere
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