Kornfeld v. Equifax Information Services LLC et al
| Hylan Elias Kornfeld |
| Equifax Information Services LLC, Trans Union LLC and Security Credit Services LLC |
| 1:2024cv20783 |
| February 28, 2024 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Lisette M Reid |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal with Prejudice as to Defendant Trans Union LLC. #13 . Rule 41(a)(1)(A) 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, or after an answer has been filed where the dismissal bears the signatures of both parties. Fed. R. Civ. P. 41(a)(1)(A)(i). In this case, no answer has been filed. Accordingly, UPON CONSIDERATION of the Stipulation, 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 Trans Union LLC. PAPERLESS NOTICE OF COURT PRACTICE. THIS CAUSE came before the Court upon Plaintiff's Notice of Settlement as to Defendant Security Credit Services. #14 . Therein, Plaintiff states that a settlement has been reached. See id. The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a) of the Federal Rules of Civil Procedure within sixty (60) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be dismissed and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of Court is INSTRUCTED to ADMINISTRATIVELY CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 4/22/2024. (sdu)
|
| Filing 14 NOTICE of Settlement as to Defendant Security Credit Services by Hylan Elias Kornfeld (Lane, Gerald) |
| Filing 13 NOTICE of Voluntary Dismissal as to Defendant Trans Union by Hylan Elias Kornfeld (Lane, Gerald) |
|
Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Settlement as to Defendant Equifax Information Services LLC. #11 . Therein, Plaintiff states he has reached an agreement with Defendant Equifax Information Services LLC and intends to file a stipulation of dismissal. Id. The Clerk of the Court is instructed to TERMINATE Defendant Equifax Information Services 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 Equifax Information Services 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 3/28/2024. (sdu)
|
| Filing 11 NOTICE of Settlement as to Defendant Equifax by Hylan Elias Kornfeld (Lane, Gerald) |
|
Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Settlement as to Defendant Trans Union LLC. #9 . Therein, Plaintiff states he has reached an agreement with Defendant Trans Union LLC and intends to file a stipulation of dismissal. Id. The Clerk of the Court is instructed to TERMINATE Defendant Trans Union 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 Trans Union 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 3/27/2024. (sdu)
|
| Filing 9 NOTICE of Settlement as to Defendant Trans Union LLC by Hylan Elias Kornfeld. Attorney Gerald Donald Lane, Jr added to party Hylan Elias Kornfeld(pty:pla). (Lane, Gerald) |
|
Filing 8
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Equifax Information Services LLC's Unopposed Motion for Extension of Time to Respond to Complaint. #6 . Therein, Defendant Equifax requests a one-month extension of time, until April 25, 2024, to respond to the Complaint. See generally id. Defendant explains that the extra time will allow it to continue investigating the allegations and give the Parties time to discuss settlement. Id. at 1. While the Court encourages the Parties to pursue an out-of-court resolution, the possibility of settlement is not good cause to unnecessarily delay litigation. 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 #6 is GRANTED IN PART. Defendant Equifax Information Services LLC shall respond to the Complaint on or before April 1, 2024. Signed by Judge K. Michael Moore on 3/21/2024. (sdu)
|
| Filing 7 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 6 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). (Attachments: #1 Text of Proposed Order)(Joffe, Jason) |
|
Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LISETTE M. REID. 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 Lisette M. Reid 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 Lisette M. Reid's discovery procedures. Signed by Judge K. Michael Moore on 3/8/2024. (sdu)
|
|
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 3/1/2024. (sdu)
|
| Filing 3 Summons Issued as to Equifax Information Services LLC, Security Credit Services LLC, and Trans Union LLC. (wce) |
| 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 Melissa Damian 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. (wce) |
| Filing 1 COMPLAINT against Equifax Information Services LLC, Security Credit Services LLC, Trans Union LLC. Filing fees $ 405.00 receipt number AFLSDC-17329983, filed by Hylan Elias Kornfeld. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Proposed Summons, #3 Summon(s) Proposed Summons, #4 Summon(s) Proposed Summons)(Simil, Jennifer) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
