BECERRA v. Medical Data Systems, Inc. et al
| OMAR BECERRA |
| Experian Information Solutions, Inc., Healthcare Revenue Recovery Group LLC, Trans Union LLC, Equifax Information Services, LLC, Medical Data Systems, Inc. and Medical Data Systems, Inc. doing business as Medical Payment Data |
| 9:2020cv80597 |
| April 6, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Defendant |
Docket Report
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This docket was last retrieved on August 7, 2020. A more recent docket listing may be available from PACER.
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Filing 43
ORDER CLOSING CASE. Signed by Judge Donald M. Middlebrooks on 8/7/2020. See attached document for full details. (mee)
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| Filing 42 STIPULATION of Dismissal with Defendant EXPERIAN INFORMATION SOLUTIONS, INC by OMAR BECERRA (Rajabalee, Kevin) |
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Filing 41
PAPERLESS ORDER. On July 28, 2020, Plaintiff filed a notice of dismissal as to Experian Information Solutions Inc. I congratulate the Parties on their amicable resolution of this matter. Consistent with the instructions set forth in the Pretrial Scheduling Order (DE #4 ), the Parties must file closing documents within ten (10) days of filing a notice of settlement, or by August 7, 2020. The court will retain jurisdiction to enforce the terms of the Parties' settlement agreement if requested to do so in the closing documents. The Parties are advised that the Notice of Settlement does not operate as a stay of this litigation. Therefore, until closing documents are filed, the Parties must comply with all litigation deadlines. Signed by Judge Donald M. Middlebrooks on 7/29/2020. (gts)
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| Filing 40 NOTICE of Settlement with Defendant EXPERIAN INFORMATION SOLUTIONS, INC by OMAR BECERRA (Rajabalee, Kevin) |
| Filing 39 STIPULATION of Dismissal with Defendant EQUIFAX INFORMATION SERVICES LLC by OMAR BECERRA (Rajabalee, Kevin) |
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Filing 38
ORDER DISMISSING PARTIES. Dismissing Party Trans Union LLC, Healthcare Revenue Recovery Group LLC and Medical Data Systems, Inc. Signed by Judge Donald M. Middlebrooks on 7/21/2020. See attached document for full details. (mee)
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| Filing 37 STIPULATION of Dismissal with Defendant HEALTHCARE REVENUE RECOVERY GROUP LLC by OMAR BECERRA (Rajabalee, Kevin) |
| Filing 36 STIPULATION of Dismissal with Defendant MEDICAL DATA SYSTEMS, INC by OMAR BECERRA (Rajabalee, Kevin) |
| Filing 35 STIPULATION of Dismissal with Defendant TRANS UNION LLC by OMAR BECERRA (Rajabalee, Kevin) |
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Filing 34
PAPERLESS ORDER. The Parties indicate that a settlement has been reached with Defendants Trans Union LLC, Equifax Information Services, LLC, and Medical Data Systems, Inc. (DE #31 ; DE #32 ; DE #33 ). The Court congratulate these Parties on their amicable resolution of this matter. Consistent with the instructions set forth in the Pretrial Scheduling Order (DE #4 ), these Parties must file closing documents within ten (10) days of filing a notice of settlement. Thus, closing documents for Defendants Trans Union LLC and Equifax Information Services, LLC are currently overdue and should be filed as soon as possible. Closing documents as to Defendant Medical Data Systems, Inc. are due on July 27, 2020. The court will retain jurisdiction to enforce the terms of the Parties' settlement agreements if requested to do so in the closing documents. The Parties are advised that the Notice of Settlement does not operate as a stay of this litigation. Therefore, until closing documents are filed, the Parties must comply with all litigation deadlines. Signed by Judge Donald M. Middlebrooks on 7/20/2020. (gts)
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| Filing 33 NOTICE of Settlement with Defendant MEDICAL DATA SYSTEMS, INC by OMAR BECERRA (Rajabalee, Kevin) |
| Filing 32 NOTICE of Settlement with Defendant EQUIFAX INFORMATION SERVICES LLC by OMAR BECERRA (Rajabalee, Kevin) |
| Filing 31 NOTICE of Settlement by Trans Union LLC (Long, Charlotte) |
| Filing 30 Joint NOTICE of Mediator Selection. Selected/Added Jaffe Steven as Mediator. (Kohlmyer, Ernest) |
| Filing 29 Corporate Disclosure Statement by Medical Data Systems, Inc. (Canter, Ronald) |
| Filing 28 ANSWER and Affirmative Defenses to Complaint by Medical Data Systems, Inc.. (Canter, Ronald) |
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Filing 27
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 7/13/2020., Discovery due by 10/26/2020., Fact Discovery due by 10/26/2020., Expert Discovery due by 10/26/2020., Joinder of Parties due by 7/13/2020., In Limine Motions due by 11/9/2020., Dispositive Motions due by 11/9/2020., Motions due by 11/9/2020., Pretrial Stipulation due by 12/21/2020., Jury Trial set for 1/19/2021 at 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 1/13/2021 at 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 5/21/2020. See attached document for full details. Text Modified on 5/21/2020 (mee).
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| Reset Hearings per Order d.e. #27 Calendar Call set for 1/13/2021 at 01:15 PM before Judge Donald M. Middlebrooks. (mee) |
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Filing 26
PAPERLESS ORDER granting #25 Defendant MDS's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint (DE #1 ). Defendant states that it missed the deadline to respond to Plaintiff's Complaint as it believed that the Parties could settle this case and thus no response was necessary. Defendant MDS now requests that this deadline be extended nunc pro tunc until May 26, 2020, thereby allowing Defendant MDS an opportunity to file a response. I find good cause to grant the requested relief. Accordingly, Defendant MDS shall respond to Plaintiff's Complaint on or before May 26, 2020. To avoid further delaying this matter, I am disinclined to grant a further extension of this deadline absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 5/20/2020. (gts)
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| Set/Reset Answer Due Deadline: Medical Data Systems, Inc. response due 3/26/2020. per DE 26 (cbr) |
| Filing 25 Consent MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint Nunc Pro Tunc by Medical Data Systems, Inc.. Attorney Ronald S. Canter added to party Medical Data Systems, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Canter, Ronald) |
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Filing 24
ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 1/19/2021 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 1/13/2021 at 01:15 PM before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. Signed by Judge Donald M. Middlebrooks on 5/18/2020. See attached document for full details. Text Modified on 5/18/2020 (mee).
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| Reset Hearings : Calendar Call set for 1/13/2021 at 01:15 PM before Judge Donald M. Middlebrooks. (mee) |
| Filing 23 Joint SCHEDULING REPORT - Rule 26(f) by OMAR BECERRA (Rajabalee, Kevin) |
| Filing 22 NOTICE of Attorney Appearance by Mary Grace Dyleski on behalf of Healthcare Revenue Recovery Group LLC. Attorney Mary Grace Dyleski added to party Healthcare Revenue Recovery Group LLC(pty:dft). (Dyleski, Mary) |
| Filing 21 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 20 ANSWER to Complaint by Equifax Information Services, LLC. (Joffe, Jason) |
| Filing 19 ANSWER and Affirmative Defenses to Complaint by Experian Information Solutions, Inc.. (Sinel, Genna) |
| Filing 18 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. (Sinel, Genna) |
| Filing 17 Plaintiff's Certificate of Other Affiliates by OMAR BECERRA (Rajabalee, Kevin) |
| Filing 16 Notice of NO Pending, Refiled, Related or Similar Actions by Healthcare Revenue Recovery Group LLC (Kohlmyer, Ernest) |
| Filing 15 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Healthcare Revenue Recovery Group LLC (Kohlmyer, Ernest) |
| Filing 14 DEFENDANT, HEALTHCARE REVENUE RECOVERY GROUP, LLCS ANSWER and Affirmative Defenses to Complaint with Jury Demand by Healthcare Revenue Recovery Group LLC. Attorney Ernest Henry Kohlmyer, III added to party Healthcare Revenue Recovery Group LLC(pty:dft). (Kohlmyer, Ernest) |
| Filing 13 Corporate Disclosure Statement by Trans Union LLC identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Corporate Parent TransUnion for Trans Union LLC (Long, Charlotte) |
| Filing 12 Trans Union LLC's ANSWER to Complaint by Trans Union LLC. Attorney Charlotte Ann Long added to party Trans Union LLC(pty:dft). (Long, Charlotte) |
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Filing 11
PAPERLESS ORDER granting in part #10 Defendant Equifax's Motion for Extension of Time. Defendant Equifax seeks a one-month-and-one-day extension of the deadline to respond to Plaintiff's Complaint. (DE #1 ). In support, Defendant Equifax states that additional time is needed for it to "further review the allegations in Plaintiff's Complaint and for the parties to engage in settlement negotiations." I do not find that this explanation adequately demonstrates Defendant Equifax's inability, despite an exercise of diligence, to comply with the current deadline. Nonetheless, I will grant a partial extension. Accordingly, the deadline for Defendant Equifax to respond to Plaintiff's Complaint is extended until May 8, 2020. No further extensions of this deadline will be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 4/30/2020. (gts)
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| Set/Reset Answer Due Deadline: Equifax Information Services, LLC response due 5/8/2020. per DE 11 (cbr) |
| Filing 10 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 Exhibit A)(Joffe, Jason) |
| Filing 9 NOTICE of Attorney Appearance by Genna Leigh Sinel on behalf of Experian Information Solutions, Inc.. Attorney Genna Leigh Sinel added to party Experian Information Solutions, Inc.(pty:dft). (Sinel, Genna) |
| 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 OMAR BECERRA. Experian Information Solutions, Inc. served on 4/15/2020, answer due 5/6/2020. (Rajabalee, Kevin) |
| 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 OMAR BECERRA. Equifax Information Services, LLC served on 4/9/2020, answer due 4/30/2020. (Rajabalee, Kevin) |
| 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 OMAR BECERRA. Trans Union LLC served on 4/9/2020, answer due 4/30/2020. (Rajabalee, Kevin) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by OMAR BECERRA. Medical Data Systems, Inc. served on 4/9/2020, answer due 4/30/2020. (Rajabalee, Kevin) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by OMAR BECERRA. Healthcare Revenue Recovery Group LLC served on 4/9/2020, answer due 4/30/2020. (Rajabalee, Kevin) |
| Filing 3 Summons Issued as to Equifax Information Services, LLC, Experian Information Solutions, Inc., Healthcare Revenue Recovery Group LLC, Medical Data Systems, Inc., Trans Union LLC. (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (cds) |
| Filing 1 COMPLAINT against OMAR BECERRA. Filing fees $ 400.00 receipt number AFLSDC-12706134, filed by OMAR BECERRA. (Attachments: #1 Civil Cover Sheet COVER SHEET, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Summon(s) EXPERIAN, #7 Summon(s) EQUIFAX, #8 Summon(s) TRANSUNION, #9 Summon(s) MEDICAL DATA SYSTEMS, #10 Summon(s) HEALTHCARE)(Rajabalee, Kevin) |
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