Gravino v. Bethpage Federal Credit Union et al
| Joyce E. Gravino |
| Equifax Information Services, LLC, Bethpage Federal Credit Union, Trans Union, LLC and Experian Information Solutions, Inc. |
| 9:2020cv81378 |
| August 22, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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| Filing 20 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 19 ANSWER and Affirmative Defenses to Complaint by Equifax Information Services, LLC. (Joffe, Jason) |
Filing 18
PAPERLESS ORDER regarding the Parties' "Joint Discovery Plan and Proposed Scheduling Order." (DE #17 ). Pursuant to the directives contained in the Court's Pretrial Scheduling Order (DE #16 at p. 2-3), the Parties have filed their Joint Discovery Plan. In addition to addressing the matters required under Fed. R. Civ. P. 26(f) and the court's order, the Parties' Joint Discovery Plan also apparently seeks a modification of the trial date and the deadlines contained in the Pretrial Scheduling Order. (See DE #17 at 6). I decline to extend any deadline based upon the present record. The Parties are advised that, pursuant to Rule 7(b), "[a] request for a court order must be made by motion," which must "state with particularity the grounds for seeking the order." Fed. R. Civ. P. 7(b). The Scheduling Order may be modified only "upon a showing of good cause." Fed. R. Civ. P. 16(b)(4). "This good cause standard precludes modification unless the schedule cannot 'be met despite the diligence of the party seeking the extension.'" Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1418 (11th Cir. 1998) (citing Fed. R. Civ. P. 16 advisory committee's note). In the event the Parties intend to file a motion to continue the trial date and/or modify the Pretrial Scheduling Order, they are advised that such motion should include specific facts to support the extensions, including an explanation of why they cannot comply with the current litigation schedule, or what specific obstacles the Parties believe they will encounter with respect to delays or problems meeting the current schedule. Generalized references to the perceived complexity of the case will not suffice. Moreover, I note that in support of their proposed trial date and proposed extended litigation deadlines, the Parties describe this case as being appropriate for disposition on a "Standard Track." However I advise the Parties that this court does not generally adhere to the case management tracks set forth in the Local Rules. The Parties are further reminded that at any time, they may consent to the jurisdiction of United States Magistrate Judge Dave Lee Brannon, who generally allows litigants great flexibility in setting the course and schedule, including the trial date, of their case. The consent form can be found at Appendix A of the Pretrial Scheduling Order (DE #16 ). Signed by Judge Donald M. Middlebrooks on 10/13/2020. (kal)
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| Filing 17 REPORT REGARDING Discovery Plan and Proposed Scheduling Order - Joint by Joyce E. Gravino (Bellinder, Thomas) |
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Filing 16
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Amended Pleadings due by 10/19/2020., Discovery due by 2/8/2021., Joinder of Parties due by 10/19/2020., In Limine Motions due by 2/22/2021., Dispositive Motions due by 2/22/2021., Motions due by 2/22/2021., Pretrial Stipulation due by 3/29/2021.) Signed by Magistrate Judge Dave Lee Brannon on 9/28/2020. See attached document for full details. (pcs)
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Filing 15
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 4/26/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 4/21/2021 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 9/22/2020. See attached document for full details. (pcs) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 14
PAPERLESS ORDER granting #11 Defendant Equifax Information Services, LLC's Unopposed Motion for Extension of Time. The deadline for Defendant Equifax Information Services, LLC, to respond to the Complaint is September 16, 2020. (DE #8 ). Defendant seeks to extend that deadline by one month "so that the parties may engage in settlement negotiations." (DE #11 ). In light of the potential settlement discussions and the fact that this Motion is unopposed, I find good cause to grant the extension. Therefore, the deadline for Defendant Equifax Information Services, LLC, to respond to the Complaint (DE #1 ) is extended to October 16, 2020. No other litigation deadlines are modified or amended as a result of this Order. I caution Defendant that should the Parties fail to amicably resolve this matter as hoped, that fact alone shall not constitute good cause to further extend this filing deadline. Thus, if no notice of settlement is filed before October 16, 2020, then Defendant shall timely answer the Complaint by that date. I will not grant further extensions absent exceptional circumstances. Signed by Judge Donald M. Middlebrooks on 9/17/2020. (kal)
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| Filing 13 Certificate of Other Affiliates/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 ANSWER to Complaint by Trans Union, LLC. Attorney Charlotte Ann Long added to party Trans Union, LLC(pty:dft). (Long, Charlotte) |
| Filing 11 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 10 ANSWER and Affirmative Defenses to Complaint by Experian Information Solutions, Inc.. (Chipi, Nicole) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Joyce E. Gravino. Experian Information Solutions, Inc. served on 8/24/2020, answer due 9/14/2020. (Bellinder, Thomas) |
| 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 Joyce E. Gravino. Equifax Information Services, LLC served on 8/26/2020, answer due 9/16/2020. (Bellinder, Thomas) |
| 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 Joyce E. Gravino. Trans Union, LLC served on 8/25/2020, answer due 9/15/2020. (Bellinder, Thomas) |
| 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 Joyce E. Gravino. Bethpage Federal Credit Union served on 8/24/2020, answer due 9/14/2020. (Bellinder, Thomas) |
| Filing 5 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, Other Affiliate EXPERIAN INFORMATION SOLUTIONS, INC. for Experian Information Solutions, Inc. (Chipi, Nicole) |
| Filing 4 NOTICE of Attorney Appearance by Nicole Kristine Chipi on behalf of Experian Information Solutions, Inc.. Attorney Nicole Kristine Chipi added to party Experian Information Solutions, Inc.(pty:dft). (Chipi, Nicole) |
| Filing 3 Summons Issued as to Bethpage Federal Credit Union, Equifax Information Services, LLC, Experian Information Solutions, Inc., Trans Union, LLC. (pcs) |
| 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. (pcs) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13395377, filed by Joyce E. Gravino. (Attachments: #1 Exhibit - CSL, #2 Exhibit - Check, #3 Exhibit - CR, #4 Exhibit - Dispute, #5 Exhibit - July CR, #6 Exhibit - CSL, #7 Exhibit - check, #8 Exhibit - cr, #9 Exhibit - dispute, #10 Exhibit - July CR, #11 Civil Cover Sheet - ccs, #12 Summon(s) - Summons, #13 Summon(s) - Summons, #14 Summon(s) - Summons, #15 Summon(s) - Summons)(Bellinder, Thomas) |
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