Peele v. The United States Department of Justice through its United States Trustee Program et al
Tamiko N. Peele |
The United States Department of Justice through its United States Trustee Program, Region 21 and it's Officials The Chapter 13 Trustee, Robin R. Weiner, P.A., Erik P Kimball, Robin R. Weiner, Nancy J Argula, Clifford J White, III, Does 1-3 inclusive, Student Loan Program (SLP) in their Individual & Official Capacity, The United States of America, Inc., through its Social Security Administration Program, its Cooperative Disability Investigations Program (CDI) & its Social Insurance Administrators Velma T. Blaine, J, DOES 1-11 inclusive & in their official and individual capacity, The United States of America, Inc., through its United States Postal Service, Inc., its Postmasters David C. Guiney, Raymond P. Cowley, Louis Dejoy, Mail Handlers and Mail Carriers, Does 1-3 inclusive in their individual capacity for the United States Postal Service, Inc., The Florida Bar and its members Erik P. Kimball #131334, Barry Steven Mittelberg #396567, Drake Ozment #844519, and Keley Jacobson #102200, in their official individual capacity, Robin R Weiner, P.A., its President Robin R. Weiner, its staff attorney Joanna P. Tempone, Paul S. Visnovske, Matthew Girardi, Does 1-3 inclusive, in their individual and official capacity, Ozment Law, P.A., its President Drake Ozment and Kenneth Drake Ozment in their official and individual capacity, Shawde & Eaton, P.L., and its MGRM John D. Eaton, in their official and individual capacity of Shawde & Eaton, P.L., Barry Steven Mittelberg, in his individual and official capacity, The United States Department of Education, through its Federal Family Education Program (FFELP), its Federal Offset Unit Acct #1274983 and Account #22395475 in their individual and official, Education Credit Management Corporation, a foreign non-profit Minnesota corporation, d/b/a "ECMC Education, Inc.", as Successor in Interest to Wells Fargo Education Financial Services, Inc.,, Transitional Guaranty Agency, FFEL Acct # 22395475, Acct # 1274983 & U.S. Currency Debt Notes of $14,713.00, The State of Florida, Inc., through its Florida Department of Education Office of Student Financial Assistance (OFSA) and agents, Amy Car, Lou Anne Standley and Sharon Kalicki, in their individual and, Nelnet Total & Permanent Disability, d/b/a "National Education Loan Network, Inc.", Wells Fargo Education Financial Services, Inc., d/b/a "Wells Fargo Bank, N.A.", Experian Information Solutions, Inc., Trans Union LLC, the United States Department of Education, the United States through the Social Security Administration, the United States through the United States Postal Service, Region 21 and It's Officials The Chapter 13 Trustee, Robin R Weiner, P.A. and UNITED STATES OF AMERICA |
2:2022cv14305 |
August 29, 2022 |
US District Court for the Southern District of Florida |
Aileen M Cannon |
Ryon M McCabe |
P.I.: Other |
28 U.S.C. § 1441 Notice of Removal |
Both |
Docket Report
This docket was last retrieved on October 24, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 85 PLAINITFF'S JOINT NOTICE AND REQUEST FOR CLERKS MAILING TO RECONVENE PURSUANT TO 18 U.S. CODE 83-Postal, Service ON THE 19TH OF OCTOBER 2022 [D.E.75] by Tamiko N. Peele (pcs) |
Filing 84 SECOND Clerk's Notice of Undeliverable Mail re #75 Order Striking, #81 Order on Motion for Protective/Confidentiality Order. US Mail returned for: Tamiko N. Peele. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp) |
Filing 83 Appellant's Joint NOTICE and Intent to File a Petition and Application to The United States Supreme Court by Tamiko N. Peele (pcs) |
Filing 82 NOTICE of Attorney Appearance by Lissett Virginia Martinez on behalf of Wells Fargo Education Financial Services, Inc., d/b/a "Wells Fargo Bank, N.A.". Attorney Lissett Virginia Martinez added to party Wells Fargo Education Financial Services, Inc., d/b/a "Wells Fargo Bank, N.A."(pty:dft). (Martinez, Lissett) |
Filing 81 ORDER DENYING AS MOOT #77 Defendant Florida Bar's Motion for Protective Order. Signed by Judge Aileen M. Cannon on 10/4/2022. See attached document for full details. (caw) |
Filing 80 USCA Appeal Fees received $ 505.00 receipt number 3039 re #66 Notice of Appeal, filed by Tamiko N. Peele, #72 Notice of Appeal, filed by Tamiko N. Peele (apz) |
Filing 79 Appellant's Tamiko N. Peele Notice of Compliance as to CIP and Appellant's Payment Fee by Tamiko N. Peele re #66 Notice of Appeal, filed by Tamiko N. Peele, #72 Notice of Appeal, filed by Tamiko N. Peele. (apz) |
Filing 78 NOTICE of Attorney Appearance by Jacob Elias Mitrani on behalf of Wells Fargo Education Financial Services, Inc., d/b/a "Wells Fargo Bank, N.A.". Attorney Jacob Elias Mitrani added to party Wells Fargo Education Financial Services, Inc., d/b/a "Wells Fargo Bank, N.A."(pty:dft). (Mitrani, Jacob) |
Filing 77 MOTION for Protective Order by The Florida Bar and its members Erik P. Kimball #131334, Barry Steven Mittelberg #396567, Drake Ozment #844519, and Keley Jacobson #102200, in their official individual capacity. Attorney Barry Scott Richard added to party The Florida Bar and its members Erik P. Kimball #131334, Barry Steven Mittelberg #396567, Drake Ozment #844519, and Keley Jacobson #102200, in their official individual capacity(pty:dft). (Richard, Barry) |
Filing 76 Acknowledgment of Receipt of NOA from USCA re #72 Notice of Appeal filed by Tamiko N. Peele. Date received by USCA: 9/23/2022. USCA Case Number: 22-13173-A. (apz) |
Filing 75 ORDER STRIKING #65 Response in Opposition to Motion, filed by Tamiko N. Peele. Signed by Judge Aileen M. Cannon on 9/23/2022. See attached document for full details. (caw) |
Filing 74 Acknowledgment of Receipt of NOA from USCA re #72 Notice of Appeal, filed by Tamiko N. Peele. Date received by USCA: 09/21/2022. USCA Case Number: 22-13173-A. (jes) |
Transmission of Notice of Appeal, Orders under appeal and Docket Sheet to US Court of Appeals re #72 Notice of Appeal, Notice has been electronically mailed. (apz) |
Filing 73 TRANSCRIPT INFORMATION FORM by Tamiko N. Peele re #66 Notice of Appeal. No Transcript Requested. (apz) |
Filing 72 Amended Notice of Appeal re 17 Order on Motion for Extension of Time to File Response/Reply/Answer, #6 Order Referring Case to Magistrate Judge, #29 Clerk's Entry/Non-Entry of Default, 18 Order on Motion for Extension of Time to File Response/Reply/Answer,, #9 Order on Motion for Miscellaneous Relief, #63 Order Dismissing/Closing Case,, Set/Reset Deadlines/Hearings, #69 Order Striking, #41 Clerk's Entry/Non-Entry of Default, #42 Clerk's Entry/Non-Entry of Default, #28 Clerk's Entry/Non-Entry of Default, #44 Order on Motion for Miscellaneous Relief, #51 Order of Recusal, by Tamiko N. Peele.. No Filing Fee Required. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (apz) (Main Document 72 replaced on 9/23/2022) (apz). |
Filing 71 RESPONSE to Request for Admissions by Ozment Law, P.A., its President Drake Ozment and Kenneth Drake Ozment in their official and individual capacity. (Ozment, Kenneth) |
Filing 70 NOTICE of Attorney Appearance by Kenneth Drake Ozment on behalf of Ozment Law, P.A., its President Drake Ozment and Kenneth Drake Ozment in their official and individual capacity. Attorney Kenneth Drake Ozment added to party Ozment Law, P.A., its President Drake Ozment and Kenneth Drake Ozment in their official and individual capacity(pty:dft). (Ozment, Kenneth) |
Filing 69 ORDER STRIKING #65 Response in Opposition to Motion, filed by Tamiko N. Peele. Signed by Judge Aileen M. Cannon on 9/21/2022. See attached document for full details. (caw) |
Filing 68 CLERK'S NOTICE of Mailing Pro Se Instructions to Tamiko N. Peele re #66 Notice of Appeal. (apz) |
Filing 67 Plaintiff's Tamiko N. Peele and Tamiko Peele Joint NOTICE of Compliance and Certification of Service filed by Tamiko N. Peele re #66 Notice of Appeal. (apz) |
Filing 66 Notice of Appeal re 17 Order on Motion for Extension of Time to File Response/Reply/Answer, #6 Order Referring Case to Magistrate Judge, #29 Clerk's Entry/Non-Entry of Default, 18 Order on Motion for Extension of Time to File Response/Reply/Answer, #9 Order on Motion for Miscellaneous Relief, #63 Order Dismissing/Closing Case, Set/Reset Deadlines/Hearings, #41 Clerk's Entry/Non-Entry of Default, #42 Clerk's Entry/Non-Entry of Default, #28 Clerk's Entry/Non-Entry of Default, #44 Order on Motion for Miscellaneous Relief, #51 Order of Recusal, by Tamiko N. Peele. FILING FEE: (NOT PAID). Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (apz) |
Transmission of Notice of Appeal, Orders under appeal and Docket Sheet to US Court of Appeals re #66 Notice of Appeal, Notice has been electronically mailed. (apz) |
Filing 65 RESPONSE in Opposition re #32 Joint MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law, #46 MOTION to Vacate #29 Clerk's Entry/Non-Entry of Default, and Supporting Memorandum of Law filed by Tamiko N. Peele. Replies due by 9/27/2022. (pcs) |
Filing 62 Corporate Disclosure Statement by Nelnet Total & Permanent Disability, d/b/a "National Education Loan Network, Inc." identifying Corporate Parent Nelnet Inc., Other Affiliate Nelnet Servicing LLC, Other Affiliate Nelnet Diversified Solutions LLC for Nelnet Total & Permanent Disability, d/b/a "National Education Loan Network, Inc." (Donet, Brianna) |
Deadline For Amended Complaint terminated per order on DE #63 . (mab) |
Filing 64 Clerk's Notice of Docket Correction re DE #63 . Docket Text Modified by Clerk. (mab) |
Filing 63 ORDER DISMISSING COMPLAINT: Plaintiff may file a motion for leave to file Amended Complaint by 10/3/2022. The Clerk shall CLOSE this case (Without Prejudice) . Signed by Judge Aileen M. Cannon on 9/19/2022. See attached document for full details. (mab) Modified Text on 9/20/2022 (mab). |
Filing 61 PLAINTIFF'S Tamiko N Peele and TAMIKO PEELE JOINT REFILE (I) NOTICE OF CERTIFICATE OF SERVICE TO TRANSITIONAL GUARANTY AGENCY, FFEL Acct#22395475/ Acct#1274983, and U.S. Currency Debt Notes of$14,713.00 [D.E.54,Attachment #l] by Tamiko N. Peele (pcs) |
Filing 60 PLAINTIFF'S BRIEF AS TO (I) MOTION TO STRIKE ANSWER AND AFFIRMATIVE DEFENSE PLEADINGS PURSUANT TO S.D. Fla. L.R. 7.1(a)(3) [D.E.32],[D.E.46], (II) MOTION FOR SANCTIONS PURSUANT TO 11 U.S.C. 362(h),FED. R. CIV. P. 1 and CARES ACT Section 3513(b) (lll)RENEWED MOTION FOR ENTRY OF FINAL DEFAULT JUDGMENT IN FAVOR OF PLAINITFF'S-[D.E.29], [D.E.24], [D E.16],[D.E.12], (IV) MOTION FOR SUMMARY JUDGMENT (V) MOTION FOR A PROVE-UP HEARING [D.E.29] AND OR IN THE ALTERNATIVE (VI) UNOPPOSED MOTION FOR LEAVE TO FILE EXCESS PAGES (VII) MOTION FOR IMMEDIATE CONSIDERATION TO ABSTAIN AND REMAND STATE COURT ACTION TO PERMIT CONCLUSION OF ONGOING TRIAL PURSUANT TO Fed R. Civ. P. 1. AND 28 U.S.C J367, AGAINST DEFENDANT EDUCATION CREDIT MANAGEMENT CORPORATION., a foreign non-profit Minnesota corporation, d/b/a "ECMC:EDUCATION, INC"., AS SUCCESSOR IN INTEREST TO WELLS FARGO EDUCATION FINANCIAL SERVICES, INC and it's officer JEREMY WHEATON, DANIEL FISHER and KERRY KLISH, in their official and individual capacity [D E.45] by Tamiko N. Peele (Attachments: #1 Exhibit) (pcs) |
Filing 59 RESPONSE in Opposition re #38 MOTION to Remand to State Court MOTION for Summary Judgment MOTION for Hearing filed by Trans Union LLC. Replies due by 9/26/2022. (Epps, Alexandria) |
Filing 58 RESPONSE to Motion re #38 MOTION to Remand to State Court MOTION for Summary Judgment MOTION for Hearing, #54 MOTION for Leave to File Excess Pages MOTION to Remand to State Court for Immediate Consideration to Abstain and Remand filed by Erik P Kimball, The United States Department of Justice through its United States Trustee Program, the United States Department of Education, the United States through the Social Security Administration, the United States through the United States Postal Service. Replies due by 9/26/2022. (Donlan, Maureen) |
Filing 57 Certificate of Other Affiliates/Corporate Disclosure Statement by Robin R. Weiner, Robin R Weiner, P.A., Robin R Weiner, P.A., its President Robin R. Weiner, its staff attorney Joanna P. Tempone, Paul S. Visnovske, Matthew Girardi (Tempone, Joanna) |
Filing 56 FIRST Clerk's Notice of Undeliverable Mail re 17 Order on Motion for Extension of Time to File Response/Reply/Answer,, 27 Clerk's Entry/Non-Entry of Default,, filed by Robin R Weiner, P.A., its President Robin R. Weiner, its staff attorney Joanna P. Tempone, Paul S. Visnovske, Matthew Girardi, Does 1-3 inclusive, #29 Clerk's Entry/Non-Entry of Default, 18 Order on Motion for Extension of Time to File Response/Reply/Answer,, #28 Clerk's Entry/Non-Entry of Default,. US Mail returned for: Tamiko N. Peele. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp) |
Filing 55 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. (Trujillo, Brian) |
Filing 54 PLAINTIFF'S BRIEF AS TO (I) MOTION TO STRIKE ANSWER AND AFFIRMATIVE DEFENSE PLEADINGS [D.E.21], PURSUANT TO S.D. Fla. L.R. 7.1 (a)(3), (II) MOTION FOR SUMMARY JUDGMENT (III) MOTION FOR ENTRY OF FINAL DEFAULT JUDGMENT IN FAVOR OF PLAINITFF'S [D.E.14],[D.E.17], [D.E.22] AND OR IN THE ALTERNATIVE (IV) MOTION FOR LEAVE TO FILE EXCESS PAGES (V) MOTION FOR IMMEDIATE CONSIDERATION TO ABSTAIN AND REMAND STATE COURT ACTION TO PERMIT CONCLUSION OF ONGOING TRIAL PURSUANT TO Fed. R. Civ. P. 1, AND 28 US.C 1367, AGAINST DEFENDANT ROBIN R. WEINER, P.A., it's President ROBIN R WEINER, it's staff attorney JOANNA P TEMPONE, PAULS VISNOVSKE, MATTHEW GIRARDI and DOES 1-3 inclusive, in their individual and official Capacity [D.E.35], [D.E.22], [D.E.21], [D.E.17] AND [D.E.14] by Tamiko N. Peele. (Attachments: #1 Exhibit)(pcs) |
Filing 53 JOINT NOTICE of Compliance Pursuant to S.D. Fla.L.R. 7.1(a)(3) and Certification of Service D.E. #21 by Tamiko N. Peele (pcs) |
Filing 52 Corporate Disclosure Statement by Education Credit Management Corporation, a foreign non-profit Minnesota corporation, d/b/a "ECMC Education, Inc.", as Successor in Interest to Wells Fargo Education Financial Services, Inc., identifying Corporate Parent ECMC Group, Inc. for Education Credit Management Corporation, a foreign non-profit Minnesota corporation, d/b/a "ECMC Education, Inc.", as Successor in Interest to Wells Fargo Education Financial Services, Inc., (Eaton, John) |
Filing 50 PLAINTIFF'S (I) OBJECTION AND (II) NONCONSENT TO AND (III) NONJOINDERIN THE NOTICE OF REMOVAL OF STATE COURT ACTION by Tamiko N. Peele (pcs) |
Filing 49 PLAINITFF'S Tamiko N Peele and TAMIKO PEELE JOINT (I) NOTICE OF CERTIFICATION OF SERVICE [D.E.38], [D.E.37], [D.E.36), [D.E.39) AND [D.E.40] by Tamiko N. Peele (pcs) |
Filing 48 Certificate of Other Affiliates/Corporate Disclosure Statement by Tamiko N. Peele identifying Corporate Parent Florida Supreme Court Justices, Other Affiliate Dexter A Lee, Other Affiliate Marilynn K. Lindsey, Other Affiliate Florida Department of Financial Services, Other Affiliate Rick Scott, Other Affiliate Inger Garcia, Other Affiliate Barbara Bronis, Other Affiliate David Haimes, Other Affiliate USAA, Other Affiliate Jason Brian Phillips, Other Affiliate Kone, Inc, Other Affiliate Elizabeth A. Metzger, Other Affiliate Pam Bondi, Other Affiliate Scott Bassman, Other Affiliate Helmsman Management Services LLC, Other Affiliate Teamsters Local Union 769 Holding Corporation, Inc., Other Affiliate Jorge Alberto Calil, Other Affiliate Calil Law, P.A., Other Affiliate Janet C Croom, Other Affiliate Font & Nelson, PLLC, Other Affiliate Brenda D. Forman, Other Affiliate Jack Tuter, Other Affiliate Akerman LLC, Other Affiliate Amy Michelle Stalnaker, Other Affiliate Anthony James Rolfes, Other Affiliate Antonio Morin, Other Affiliate Caryn Siperstein Klein, Other Affiliate Chance Arias, Other Affiliate Chantal Hogue, Other Affiliate Chief Financial Officer of Florida, Other Affiliate Christopher M Nigro, Other Affiliate D. Marcus Braswell Jr., Other Affiliate Denis Lawrence Durkin, Other Affiliate Diondra L Driver-Carrington, Other Affiliate Erika Royal Barnes, Other Affiliate Everett T Holloman, Other Affiliate Francis J Carey, Other Affiliate Florida Department of Administrative Hearings, Other Affiliate Florida Department of the Treasury, Other Affiliate gary John Guzzi, Other Affiliate Holland and Knight, Other Affiliate Jackie Schutz, Other Affiliate Janice M Younger, Other Affiliate Jesse R Butler, Other Affiliate Jonathan R Cantor, Other Affiliate Joseph Smith PLLC, Other Affiliate Henry Harnage, Other Affiliate Lisa Carol Phillips, Other Affiliate Milly R Powell, Other Affiliate Miranda Guseppina, Other Affiliate Judith S Kaleta, Other Affiliate Justin Sorel, Other Affiliate Kelly A Cartwright, Other Affiliate Kelly Nicole Hamilton Charles-Collins, Other Affiliate Law Offices of Maria C Dantes Sanchez, Other Affiliate Magdalena Anna Ozarowski, Other Affiliate Matthew Kobren, Other Affiliate Matthew Mears, Other Affiliate Michael Gilmartin, Other Affiliate Michael W Grochowski, Other Affiliate Mitchell Kalter, Other Affiliate Precious Boudouin, Other Affiliate Robert D Childress, Other Affiliate Sanaz Alempour, Other Affiliate Smoak, Chistolini & Barnett, Other Affiliate Thomas G Hicks, Other Affiliate United Parcel, Other Affiliate United Parcel Service/IBT Pension Plan, Other Affiliate William Smoak, Other Affiliate CSK, Law Firm, Other Affiliate Dickinson & Gibbons, P.A., Other Affiliate Baker & Hostetler, Other Affiliate Central States, Southeast and Southwest Areas Health and Welfare Fund Board of Trustees, Other Affiliate Divinne Betty Joseph Smith, Other Affiliate G. HARTLEY MELLISH, Other Affiliate J. BRIAN PHILLIPS P.A. ATTORNEY AT LAW, Other Affiliate KONE Holdings, Inc.,, Other Affiliate Liberty Mutual Insurance Company Inc., Other Affiliate Maria Dantes Sanchez, Other Affiliate Simone Fareeda Nelson, Other Affiliate THE TRAVELERS INDEMINITY COMP ANY, Other Affiliate THE TRAVELERS INDEMINITY COMP ANY AND ITS PROPERTY CASUALTY AFFILIATES, Other Affiliate Joanna P. Tempone, Other Affiliate Celeste Phillips, Other Affiliate Debi Rumph McRae, Other Affiliate Florida's Fourth District Court of Appeals(4DCA), Other Affiliate GALE STALLWORTH STONE, Other Affiliate Laurie Ehler Buchannan, Other Affiliate Marshall Kaufman, Other Affiliate International Brotherhood of Teamsters, Other Affiliate Brian Garber, Other Affiliate Liberty Mutual Group, Other Affiliate Peter Capua, Other Affiliate Central States, Southeast and Southwest Areas Health and Welfare Fund, Other Affiliate Rolando Pina, Other Affiliate Florida Department of Health for Tamiko N. Peele (pcs) |
Filing 47 CLERK'S NOTICE of Compliance with Ordered Redactions to DE #25 re #44 Order. (pes) |
Filing 51 ORDER OF RECUSAL. Magistrate Judge Jacqueline Becerra and Judge Jose E. Martinez recused. Case reassigned to Judge Aileen M. Cannon and Magistrate Judge Ryon M. McCabe for all further proceedings. Signed by Judge Jose E. Martinez on 9/8/2022. See attached document for full details. (bms) |
Filing 46 MOTION to Vacate #29 Clerk's Entry/Non-Entry of Default, and Supporting Memorandum of Law by Education Credit Management Corporation, a foreign non-profit Minnesota corporation, d/b/a "ECMC Education, Inc.", as Successor in Interest to Wells Fargo Education Financial Services, Inc.,. Responses due by 9/22/2022 (Attachments: #1 Exhibit 1)(Eaton, John) |
Filing 45 NOTICE by Education Credit Management Corporation, a foreign non-profit Minnesota corporation, d/b/a "ECMC Education, Inc.", as Successor in Interest to Wells Fargo Education Financial Services, Inc.,, Shawde & Eaton, P.L., and its MGRM John D. Eaton, in their official and individual capacity of Shawde & Eaton, P.L. re #1 Notice of Removal (State Court Complaint),, Consent to Removal of Action to Federal District Court (Eaton, John) |
Filing 44 ORDER on the United States of America's Second Motion to Remove or Redact the Address of Bankruptcy Judge Erik P. Kimball from the Public Record. ECF No. #43 . Signed by Magistrate Judge Jacqueline Becerra on 9/8/2022. See attached document for full details. (cor) |
Filing 43 Second MOTION to Remove or Redact the Address of Bankruptcy Court Judge Erik P. Kimball From the Public Record re #1 Notice of Removal (State Court Complaint),, by UNITED STATES OF AMERICA. Attorney Maureen Donlan added to party UNITED STATES OF AMERICA(pty:dft). (Attachments: #1 Text of Proposed Order)(Donlan, Maureen) |
Filing 42 Clerk's Entry of Default as to WELLS FARGO EDUCATION FINANCIAL SERVICES, INC., d/b/a "WELLS FARGO BANK, N.A." - Motions Terminated: #40 Motion for Clerk's Entry of Default, Motion for Default Judgment Signed by DEPUTY CLERK on 9/8/2022. (pcs) |
Filing 41 Clerk's Entry of Default as to The State of Florida, Inc., through its Florida Department of Education Office of Student Financial Assistance (OFSA) and agents, Amy Car, Lou Anne Standley and Sharon Kalicki, in their individual and official Capacity of The State of Florida, Inc. - Motions Terminated: #39 Motion for Clerk's Entry of Default,, Motion for Default Judgment, Signed by DEPUTY CLERK on 9/8/2022. (pcs) |
Filing 40 MOTION for Clerk's Entry of Default and MOTION for Default Judgment as to Wells Fargo Education Financial Services, Inc., d/b/a "Wells Fargo Bank, N.A.", by Tamiko N. Peele. (pcs) |
Filing 39 MOTION for Clerk's Entry of Default and MOTION for Default Judgment as to The State of Florida, Inc., through its Florida Department of Education Office of Student Financial Assistance (OFSA) and agents, Amy Car, Lou Anne Standley and Sharon Kalicki, in their individual and, by Tamiko N. Peele. (pcs) |
Filing 38 PLAINTIFF'S (I) MOTION FOR IMMEDIATE CONSIDERATION TO ABSTAIN AND REMAND STATE COURT ACTION TO PERMIT CONCLUSION OF ONGOING TRIAL PURSUANT TO Fed R. Civ. P. 1, AND 28 USC 1367, (II) MOTION FOR SUMMARY JUDGMENT, (III) MOTION FOR A PROVE- UP HEARING AND OR IN THE ALTERNATIVE (IV) RESPONSE IN OPPOSITION AGAINST DEFENDANT Barry Steven Mittelberg and BARRY STEVEN MITTELBERG, THE FLORIDA BAR, and its members Barry Steven Mittelberg#396567 in their individual and official capacity REPLY OF STATE COURT ACTION ON THE 24TH OF AUGUST 2022 (Responses due by 9/22/2022) by Tamiko N. Peele. (pcs) |
Filing 37 Summons (Affidavit) Returned Unexecuted by Tamiko N. Peele as to The Florida Bar and its members Erik P. Kimball #131334, Barry Steven Mittelberg #396567, Drake Ozment #844519, and Keley Jacobson #102200, in their official individual capacity. (pcs) |
Filing 36 ACKNOWLEDGMENT OF SERVICE as to #1 Notice of Removal (State Court Complaint),, filed by Tamiko N. Peele. (pcs) |
Filing 35 NOTICE by Robin R. Weiner, Robin R Weiner, P.A., Robin R Weiner, P.A., its President Robin R. Weiner, its staff attorney Joanna P. Tempone, Paul S. Visnovske, Matthew Girardi re #1 Notice of Removal (State Court Complaint),, Consent to Removal. Attorney Joanna Pizzarello Tempone added to party Robin R. Weiner(pty:dft), Attorney Joanna Pizzarello Tempone added to party Robin R Weiner, P.A.(pty:dft), Attorney Joanna Pizzarello Tempone added to party Robin R Weiner, P.A., its President Robin R. Weiner, its staff attorney Joanna P. Tempone, Paul S. Visnovske, Matthew Girardi(pty:dft). (Tempone, Joanna) |
Filing 34 NOTICE by Nelnet Total & Permanent Disability, d/b/a "National Education Loan Network, Inc." re #1 Notice of Removal (State Court Complaint),, of Conditional Joinder in Notice of Removal (Donet, Brianna) |
Filing 33 PAPERLESS ORDER. THIS CAUSE came before the Court on Defendant Trans Union LLC's Opposed Motion for Extension of Time for Trans Union LLC to Answer or Otherwise Respond to Plaintiff's Complaint. ECF No. #30 . Defendant Trans Union LLC seeks to extend the current deadline of September 6, 2022 to respond to the Complaint to November 4, 2022. The Motion is opposed because Plaintiff agreed to a 14-day extension rather than a 60-day extension. Upon due consideration, the Motion is hereby GRANTED IN PART AND DENIED IN PART. Defendant Trans Union LLC shall respond to the Complaint no later than October 6, 2022. The Court advises that future requests for extension should not be sought on the day that a filing is due. Signed by Magistrate Judge Jacqueline Becerra on 9/6/2022. (cor) |
Filing 32 Joint MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law by Education Credit Management Corporation, a foreign non-profit Minnesota corporation, d/b/a "ECMC Education, Inc.", as Successor in Interest to Wells Fargo Education Financial Services, Inc.,, Shawde & Eaton, P.L., and its MGRM John D. Eaton, in their official and individual capacity of Shawde & Eaton, P.L.. Attorney John Daniel Eaton added to party Education Credit Management Corporation, a foreign non-profit Minnesota corporation, d/b/a "ECMC Education, Inc.", as Successor in Interest to Wells Fargo Education Financial Services, Inc.,(pty:dft), Attorney John Daniel Eaton added to party Shawde & Eaton, P.L., and its MGRM John D. Eaton, in their official and individual capacity of Shawde & Eaton, P.L.(pty:dft). Responses due by 9/20/2022 (Attachments: #1 Exhibit 1)(Eaton, John) |
Filing 31 Certificate of Other Affiliates/Corporate Disclosure Statement by Trans Union LLC identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Corporate Parent TransUnion, Other Affiliate T. Rowe Price Group, Inc. for Trans Union LLC (Epps, Alexandria) |
Filing 30 MOTION for Extension of Time to File Response/Reply/Answer or Otherwise Respond to Plaintiff's Complaint by Trans Union LLC. Attorney Alexandria N Epps added to party Trans Union LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Epps, Alexandria) |
Filing 29 Clerk's Entry of Default as to Education Credit Management Corporation, a foreign non-profit Minnesota corporation, d/b/a "ECMC Education, Inc.", as Successor in Interest to Wells Fargo Education Financial Services, Inc. - Motions Terminated: #24 Motion for Clerk's Entry of Default,, Motion for Default Judgment, Signed by DEPUTY CLERK on 9/6/2022. (pcs) |
Filing 28 Clerk's Entry of Default as to Ozment Law, P.A., its President Drake Ozment and Kenneth Drake Ozment in their official and individual capacity - Motions Terminated: #23 Motion for Clerk's Entry of Default, Motion for Default Judgment Signed by DEPUTY CLERK on 9/6/2022. (pcs) |
Filing 27 Clerk's Non-Entry of Default as to Does 1-3 inclusive, Robin R Weiner, P.A., its President Robin R. Weiner, its staff attorney Joanna P. Tempone, Paul S. Visnovske, Matthew Girardi - Motions Terminated: #22 Motion for Clerk's Entry of Default,, Motion for Default Judgment,. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed Signed by DEPUTY CLERK on 9/6/2022. (pcs) |
Filing 26 SUMMONS (Affidavit) Returned Executed as to USA Defendants. The United States Department of Justice through its United States Trustee Program served on 8/12/2022; The United States of America, Inc., through its Social Security Administration Program, its Cooperative Disability Investigations Program (CDI) & its Social Insurance Administrators Velma T. Blaine, J served on 8/12/2022; The United States of America, Inc., through its United States Postal Service, Inc., its Postmasters David C. Guiney, Raymond P. Cowley, Louis Dejoy, Mail Handlers and Mail Carriers served on 8/16/2022 by Tamiko N. Peele. (See DE #25 for image) (pcs) |
Filing 25 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint),, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Tamiko N. Peele. Education Credit Management Corporation, a foreign non-profit Minnesota corporation, d/b/a "ECMC Education, Inc.", as Successor in Interest to Wells Fargo Education Financial Services, Inc., served on 8/12/2022, response/answer due 9/2/2022; Erik P Kimball served on 8/15/2022, response/answer due 9/6/2022; Barry Steven Mittelberg, in his individual and official capacity served on 8/12/2022, response/answer due 9/2/2022; Ozment Law, P.A., its President Drake Ozment and Kenneth Drake Ozment in their official and individual capacity served on 8/12/2022, response/answer due 9/2/2022; Shawde & Eaton, P.L., and its MGRM John D. Eaton, in their official and individual capacity of Shawde & Eaton, P.L. served on 8/17/2022, response/answer due 9/7/2022; The State of Florida, Inc., through its Florida Department of Education Office of Student Financial Assistance (OFSA) and agents, Amy Car, Lou Anne Standley and Sharon Kalicki, in their individual and served on 8/17/2022, response/answer due 9/7/2022; Trans Union LLC served on 8/17/2022, response/answer due 9/7/2022; Robin R Weiner, P.A. served on 8/12/2022, response/answer due 9/2/2022; Wells Fargo Education Financial Services, Inc., d/b/a "Wells Fargo Bank, N.A." served on 8/17/2022, response/answer due 9/7/2022. (pcs) (Main Document #25 replaced with ordered redactions per DE #44 on 9/9/2022) (pes). |
Filing 24 MOTION for Clerk's Entry of Default as to Education Credit Management Corporation, a foreign non-profit Minnesota corporation, d/b/a "ECMC Education, Inc.", as Successor in Interest to Wells Fargo Education Financial Services, Inc.,, MOTION for Default Judgment by Tamiko N. Peele. (pcs) |
Filing 23 MOTION for Clerk's Entry of Default as to Ozment Law, P.A., its President Drake Ozment and Kenneth Drake Ozment in their official and individual capacity, MOTION for Default Judgment by Tamiko N. Peele. (pcs) |
Filing 22 MOTION for Clerk's Entry of Default as to Does 1-3 inclusive, Robin R. Weiner, Robin R Weiner, P.A., Robin R Weiner, P.A., its President Robin R. Weiner, its staff attorney Joanna P. Tempone, Paul S. Visnovske, Matthew Girardi, MOTION for Default Judgment by Tamiko N. Peele. (pcs) |
Filing 21 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, , MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),, , MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM , Motion to Dismiss Case as Frivolous #1 Notice of Removal (State Court Complaint),, by Robin R. Weiner, Robin R Weiner, P.A., Robin R Weiner, P.A., its President Robin R. Weiner, its staff attorney Joanna P. Tempone, Paul S. Visnovske, Matthew Girardi. Responses due by 9/16/2022 (Pizzarello, Joanna) |
Filing 20 PAPERLESS ORDER. THIS CAUSE came before the Court on Defendant Experian Information Solutions, Inc.'s Unopposed Motion for Extension of Time to Respond to Complaint. ECF No. #19 . Defendant Experian Information Solutions, Inc. seeks to extend the current deadline of September 6, 2022 to respond to the Complaint to October, 6, 2022. The Motion is unopposed. Upon due consideration, the Motion is hereby GRANTED. Defendant Experian Information Solutions, Inc. shall respond to the Complaint no later than October 6, 2022. Signed by Magistrate Judge Jacqueline Becerra on 9/2/2022. (cor) |
Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, by Experian Information Solutions, Inc.. Attorney Brian Miguel Trujillo added to party Experian Information Solutions, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Trujillo, Brian) |
Filing 18 PAPERLESS ORDER. THIS CAUSE came before the Court on Defendant Nelnet Servicing LLC's Unopposed Motion for Extension of Time to Respond to the Complaint. ECF No. #5 . Defendant Nelnet Servicing LLC seeks to extend the current deadline of September 6, 2022 to respond to the Complaint to September 21, 2022. The Motion is unopposed. Upon due consideration, the Motion is hereby GRANTED. Defendant Nelnet Servicing LLC shall respond to the Complaint no later than September 21, 2022. Signed by Magistrate Judge Jacqueline Becerra on 9/2/2022. (cor) |
Filing 17 PAPERLESS ORDER. THIS CAUSE came before the Court on Federal Defendants' Motion for Enlargement of Time. ECF No. #4 . Federal Defendants seek to extend the current deadline of September 6, 2022 to respond to the Complaint to October 17, 2022. Plaintiff has not responded to Federal Defendants' communications to indicate whether Plaintiff opposes the Motion, and Defendants Experian and Barry S. Mittleberg have no objection. Upon due consideration, the Motion is hereby GRANTED. Federal Defendants shall respond to the Complaint no later than October 17, 2022. Signed by Magistrate Judge Jacqueline Becerra on 9/2/2022. (cor) |
Filing 16 Clerk's Non-Entry of Default as to Education Credit Management Corporation, a foreign non-profit Minnesota corporation, d/b/a "ECMC Education, Inc.", as Successor in Interest to Wells Fargo Education Financial Services, Inc., Ozment Law, P.A., its President Drake Ozment and Kenneth Drake Ozment in their official and individual capacity, and Robin R Weiner, P.A., its President Robin R. Weiner, its staff attorney Joanna P. Tempone, Paul S. Visnovske, Matthew Girardi - Motions Terminated: #12 Motion for Clerk's Entry of Default, #13 Motion for Clerk's Entry of Default, #14 Motion for Clerk's Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed as to case 22-cv-14305 - has NOT been entered on docket Signed by DEPUTY CLERK on 9/2/2022. (asl) |
Filing 15 JOINT (I) NOTICE of CERTIFICATION OF SERVICE by Tamiko N. Peele (Attachments: #1 Returns of Service- County Court)(asl) |
Filing 14 MOTION for Clerk's Entry of Default as to Robin R Weiner, P.A., its President Robin R. Weiner, its staff attorney Joanna P. Tempone, Paul S. Visnovske, Matthew Girardi by Tamiko N. Peele. (asl) |
Filing 13 MOTION for Clerk's Entry of Default as to Ozment Law, P.A., its President Drake Ozment and Kenneth Drake Ozment in their official and individual capacity by Tamiko N. Peele. (asl) |
Filing 12 MOTION for Clerk's Entry of Default as to Education Credit Management Corporation, a foreign non-profit Minnesota corporation, d/b/a "ECMC Education, Inc.", as Successor in Interest to Wells Fargo Education Financial Services, Inc., by Tamiko N. Peele. (asl) |
Filing 11 Joint (I) Notice of Pendency of Other Related Actions by Tamiko N. Peele (asl) |
Filing 10 NOTICE of Limited Appearance (General) by Tamiko N. Peele (asl) |
Filing 9 ORDER on United States of America's Motion to Remove or Redact the Address of Bankruptcy Judge Erik P. Kimball from the Public Record, ECF No. #8 . Signed by Magistrate Judge Jacqueline Becerra on 9/1/2022. See attached document for full details. (cor) |
Filing 8 MOTION to Remove or Redact the Address of Bankruptcy Court Judge Erik P. Kimball From the Public Record re #1 Notice of Removal (State Court Complaint),, by UNITED STATES OF AMERICA. Attorney Raychelle Ann Tasher added to party UNITED STATES OF AMERICA(pty:dft). (Attachments: #1 Text of Proposed Order)(Tasher, Raychelle) |
Filing 7 NOTICE OF SERVICE BY CERTIFIED MAIL by Nelnet Total & Permanent Disability, d/b/a "National Education Loan Network, Inc." re #5 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, of Service by Certified Mail. Attorney Daniel Curtis Johnson added to party Nelnet Total & Permanent Disability, d/b/a "National Education Loan Network, Inc."(pty:dft). (Johnson, Daniel) Modified text on 9/1/2022 (ebz). |
Filing 6 ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Pretrial Non-Dispositive Matters. Signed by Judge Jose E. Martinez on 8/31/2022. See attached document for full details. (cqs) |
Filing 5 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, by Nelnet Total & Permanent Disability, d/b/a "National Education Loan Network, Inc.". Attorney Brianna Elizabeth Donet added to party Nelnet Total & Permanent Disability, d/b/a "National Education Loan Network, Inc."(pty:dft). (Attachments: #1 Text of Proposed Order Order Granting Extension of Time to Respond to the Complaint)(Donet, Brianna) |
Filing 4 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, by Erik P Kimball, The United States Department of Justice through its United States Trustee Program, the United States Department of Education, the United States through the Social Security Administration, the United States through the United States Postal Service. (Attachments: #1 Text of Proposed Order)(Donlan, Maureen) |
Filing 3 NOTICE of Compliance with Title 28, United States Code, Section 1446(d) by Erik P Kimball, The United States Department of Justice through its United States Trustee Program, the United States Department of Education, the United States through the Social Security Administration, the United States through the United States Postal Service re #1 Notice of Removal (State Court Complaint),, filed by The United States Department of Justice through its United States Trustee Program, the United States through the United States Postal Service, the United States through the Social Security Administration, the United States Department of Education, Erik P Kimball (Attachments: #1 Exhibit A - copy of State Court Removal) (Donlan, Maureen) |
Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (swr) |
Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Bivens Claims, Violations of Civil Rights, Damages and Incidental Relief) Filing fee $402.00. USA Filer - No Filing Fee Required, filed by The United States Department of Justice through its United States Trustee Program, Erik P Kimball, the United States Department of Education, the United States through the Social Security Administration, the United States through the United States Postal Service. (Attachments: #1 Exhibit Cover Sheet, #2 Exhibit Civil Complaint Cover Sheet, #3 Exhibit 1 - copy of State Court Complaint)(Donlan, Maureen) No Answer/Motion to Dismiss Filed. Modified Text on 8/30/2022 (swr). |
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Search for this case: Peele v. The United States Department of Justice through its United States Trustee Program et al | |
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Plaintiff: Tamiko N. Peele | |
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Defendant: The United States Department of Justice through its United States Trustee Program | |
Represented By: | Maureen Donlan |
Represented By: | Raychelle Ann Tasher |
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Defendant: Region 21 and it's Officials The Chapter 13 Trustee, Robin R. Weiner, P.A. | |
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Defendant: Erik P Kimball | |
Represented By: | Maureen Donlan |
Represented By: | Raychelle Ann Tasher |
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Defendant: Robin R. Weiner | |
Represented By: | Joanna Pizzarello Tempone |
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Defendant: Nancy J Argula | |
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Defendant: Clifford J White, III | |
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Defendant: Does 1-3 inclusive | |
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Defendant: Student Loan Program (SLP) in their Individual & Official Capacity | |
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Defendant: The United States of America, Inc., through its Social Security Administration Program, its Cooperative Disability Investigations Program (CDI) & its Social Insurance Administrators Velma T. Blaine, J | |
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Defendant: DOES 1-11 inclusive & in their official and individual capacity | |
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Defendant: The United States of America, Inc., through its United States Postal Service, Inc., its Postmasters David C. Guiney, Raymond P. Cowley, Louis Dejoy, Mail Handlers and Mail Carriers | |
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Defendant: Does 1-3 inclusive in their individual capacity for the United States Postal Service, Inc. | |
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Defendant: The Florida Bar and its members Erik P. Kimball #131334, Barry Steven Mittelberg #396567, Drake Ozment #844519, and Keley Jacobson #102200, in their official individual capacity | |
Represented By: | Barry Scott Richard |
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Defendant: Robin R Weiner, P.A., its President Robin R. Weiner, its staff attorney Joanna P. Tempone, Paul S. Visnovske, Matthew Girardi | |
Represented By: | Joanna Pizzarello Tempone |
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Defendant: Does 1-3 inclusive, in their individual and official capacity | |
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Defendant: Ozment Law, P.A., its President Drake Ozment and Kenneth Drake Ozment in their official and individual capacity | |
Represented By: | Kenneth Drake Ozment |
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Defendant: Shawde & Eaton, P.L., and its MGRM John D. Eaton, in their official and individual capacity of Shawde & Eaton, P.L. | |
Represented By: | John Daniel Eaton |
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Defendant: Barry Steven Mittelberg, in his individual and official capacity | |
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Defendant: The United States Department of Education, through its Federal Family Education Program (FFELP), its Federal Offset Unit Acct #1274983 and Account #22395475 in their individual and official | |
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Defendant: Education Credit Management Corporation, a foreign non-profit Minnesota corporation, d/b/a "ECMC Education, Inc.", as Successor in Interest to Wells Fargo Education Financial Services, Inc., | |
Represented By: | John Daniel Eaton |
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Defendant: Transitional Guaranty Agency, FFEL Acct # 22395475, Acct # 1274983 & U.S. Currency Debt Notes of $14,713.00 | |
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Defendant: The State of Florida, Inc., through its Florida Department of Education Office of Student Financial Assistance (OFSA) and agents, Amy Car, Lou Anne Standley and Sharon Kalicki, in their individual and | |
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Defendant: Nelnet Total & Permanent Disability, d/b/a "National Education Loan Network, Inc." | |
Represented By: | Brianna Elizabeth Donet |
Represented By: | Daniel Curtis Johnson |
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Defendant: Wells Fargo Education Financial Services, Inc., d/b/a "Wells Fargo Bank, N.A." | |
Represented By: | Jacob Elias Mitrani |
Represented By: | Lissett Virginia Martinez |
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Defendant: Experian Information Solutions, Inc. | |
Represented By: | Brian Miguel Trujillo |
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Defendant: Trans Union LLC | |
Represented By: | Alexandria N Epps |
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Defendant: the United States Department of Education | |
Represented By: | Raychelle Ann Tasher |
Represented By: | Maureen Donlan |
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Defendant: the United States through the Social Security Administration | |
Represented By: | Raychelle Ann Tasher |
Represented By: | Maureen Donlan |
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Defendant: the United States through the United States Postal Service | |
Represented By: | Raychelle Ann Tasher |
Represented By: | Maureen Donlan |
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Defendant: Region 21 and It's Officials The Chapter 13 Trustee | |
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Defendant: Robin R Weiner, P.A. | |
Represented By: | Joanna Pizzarello Tempone |
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Defendant: UNITED STATES OF AMERICA | |
Represented By: | Maureen Donlan |
Represented By: | Raychelle Ann Tasher |
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