Evans v. Equifax Information Services, LLC et al
| Ishmael Evans |
| Equifax Information Services, LLC, Experian Information Solutions, Inc, TransUnion, LLC, Capital One Bank (USA), N.A., Capital One Auto Finance, Portfolio Recovery Associates, LLC, National Credit Systems, Inc., Constar Financial Services, LLC, TrueAccord Corp., Ally Financial Inc., Credit Collection Services, CREDIT ONE BANK, N.A., Department of Education/ Nelnet and Yelp Inc. |
| 1:2025cv22130 |
| May 8, 2025 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| Consumer Credit |
| 15 U.S.C. ยง 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 14, 2025. A more recent docket listing may be available from PACER.
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| Filing 12 Notice of Inquiry Regarding Pending Motion to Reopen and Accept Amended Complaint by Ishmael Evans re #11 MOTION to Reopen Case (pc) |
| Filing 11 MOTION to Reopen Case and Accept Amended Complaint by Ishmael Evans. (pc) |
| Filing 10 Amended Complaint for a Civil Case against Ally Financial Inc., CREDIT ONE BANK, N.A., Capital One Auto Finance, Capital One Bank (USA), N.A., Constar Financial Services, LLC, Credit Collection Services, Department of Education/ Nelnet, Equifax Information Services, LLC, Experian Information Solutions, Inc, Merrick Bank, National Credit Systems, Inc., Portfolio Recovery Associates, LLC, Progressive Casualty Insurance Company, TransUnion, LLC, TrueAccord Corp., Yelp Inc., filed by Ishmael Evans.(pc) |
Filing 9
PAPERLESS ORDER. THIS CAUSE is before the Court upon Plaintiff's Motion to Reopen Case and File Amended Complaint (the "Motion"), ECF No. #7 . Therein, Plaintiff seeks to reopen his case, which Magistrate Judge Jonathan Goodman previously closed six weeks ago for Plaintiff's failure to timely file an Amended Complaint, and does so without any explanation whatsoever as to the tardiness of the filing. Within the body of the Motion, Plaintiff also embeds what the Court interprets to be an Amended Complaint along with a multi-page spreadsheet that purports to lay out numerous claims against the Defendants without any organization as to particular counts directed against particular Defendants. See Stephens v. DeGiovanni, 852 F.3d 1298, 1318 n.16 (11th Cir. 2017) ("A document filed pro se is to be liberally construed[.]").In contrast to the original Complaint, the Amended Complaint is certainly an improvement in that it attempts to provide additional information about the claims against the Defendants within the spreadsheet. Compare ECF No. #1 with ECF No. 17 . But that newly created spreadsheet is not recognizable as part of the Amended Complaint to the extent it intends to set forth individual allegations against each Defendant as Federal Rule of Civil Procedure 10(b) requires that a party "state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances." Fed. R. Civ. P 10(d). Not only does the spreadsheet fail to contain any numbered paragraphs, but the causes of action are not separately stated and there are no individual counts despite numerous claims and numerous Defendants. See generally ECF No. 17. Simply put, the Amended Complaint and the attached spreadsheet contain a hodge podge of allegations and citations to statutes in the form of a chart, leaving the Defendants unable to respond to the allegations therein. See generally ECF No. 17 . Thus, the Amended Complaint demonstrates that it does not sufficiently remedy the defects previously identified in Magistrate Judge Goodman's Order Sua Sponte Dismissing the Complaint, ECF No. #5 . Because the Amended Complaint remains a shotgun pleading, this case cannot be reopened, unless Plaintiff files an amended complaint that complies with the Federal Rules of Civil Procedure and attempts to meaningfully address these defects. Accordingly, upon review of the Motion and the pertinent portions of the record, Plaintiff's Motion, ECF No. 17 , is DENIED. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/5/2025. (MFE) Modified text on 8/21/2025 (pc).
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| Filing 8 CLERK'S NOTICE OF REASSIGNMENT OF CASE re: Admin.Order 2025-52A. Case reassigned to Magistrate Judge Marty Fulgueira Elfenbein for all further proceedings. Ch. Magistrate Judge Jonathan Goodman no longer assigned to case as presider. (jmd) |
| Filing 7 Plaintiff's Motion to Reopen Case and File Amended Complaint by Ishmael Evans. (pc) |
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Filing 6
ORDER Closing Case. (Without Prejudice) . Signed by Ch. Magistrate Judge Jonathan Goodman on 6/13/2025. See attached document for full details. (cpa)
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Filing 5
ORDER sua sponte dismissing Plaintiff's Complaint #1 without prejudice and with leave to amend; and denying as moot Plaintiff's #3 Motion for Leave to Proceed in forma pauperis. Signed by Ch. Magistrate Judge Jonathan Goodman on 5/28/2025. See attached document for full details including deadlines. (cpa)
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Filing 4
ORDER Re: Jurisdiction. Signed by Ch. Magistrate Judge Jonathan Goodman on 5/8/2025. See attached document for full details. (cpa)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Ishmael Evans. (drz) |
| Filing 2 Judge Assignment to Ch. Magistrate Judge Jonathan Goodman (drz) |
| Filing 1 COMPLAINT against Ally Financial Inc., CREDIT ONE BANK, N.A., Capital One Auto Finance, Capital One Bank (USA), N.A., Constar Financial Services, LLC, Credit Collection Services, Department of Education/ Nelnet, Equifax Information Services, LLC, Experian Information Solutions, Inc, National Credit Systems, Inc., Portfolio Recovery Associates, LLC, TransUnion, LLC, TrueAccord Corp., Yelp Inc.. Filing fees $ 405.00. IFP Filed, filed by Ishmael Evans. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summon)(drz) |
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