KOVALSKI v. GENERAL MOTORS FINANCIAL, INC et al
| MARINA KOVALSKI |
| Equifax Information Services, LLC, GENERAL MOTORS FINANCIAL, INC and Experian Information Solutions, Inc. |
| 9:2020cv81458 |
| August 31, 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 30
PAPERLESS ORDER SETTING DEADLINE FOR FILING DISMISSAL DOCUMENTS. Plaintiff and Defendant Experian Information Solutions, Inc., have filed a Notice of Settlement. (DE #28 ). The court congratulates these parties on reaching an amicable resolution of this case. The Parties are required to file a joint stipulation of dismissal within 10 days, or by October 30, 2020. The Parties are advised that their Notice of Settlement does not stay this litigation, and therefore until dismissal documents are filed, the court will expect compliance with all litigation deadlines. Moreover, consistent with the Parties' request contained within the Notice of Settlement, this court will retain jurisdiction over this matter following the closing of the case for the purpose of enforcing the Parties settlement agreement if necessary. Signed by Judge Donald M. Middlebrooks on 10/21/2020. (Miscellaneous Deadline 10/30/2020.) (kal)
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Filing 29
ORDER DISMISSING DEFENDANT. GENERAL MOTORS FINANCIAL, INC terminated. Signed by Judge Donald M. Middlebrooks on 10/20/2020. See attached document for full details. (lbc)
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| Filing 28 NOTICE of Settlement with Defendant EXPERIAN INFORMATION SOLUTIONS, INC by MARINA KOVALSKI (Rajabalee, Kevin) |
| Filing 27 STIPULATION of Dismissal with Prejudice as to General Motors Financial Inc. by MARINA KOVALSKI (Rajabalee, Kevin) |
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Filing 26
ORDER Dismissing Defendant. Signed by Judge Donald M. Middlebrooks on 10/16/2020. See attached document for full details. (lbc)
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| Filing 25 STIPULATION of Dismissal with Defendant EQUIFAX INFORMATION SERVICES LLC by MARINA KOVALSKI (Rajabalee, Kevin) |
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Filing 24
PAPERLESS ORDER SETTING DEADLINE FOR FILING DISMISSAL DOCUMENTS AND EXTENDING DEADLINE TO RESPOND TO COMPLAINT. Plaintiff and Defendant Equifax Information Services LLC have filed a Notice of Settlement. (DE #22 ). The court congratulates these parties on reaching an amicable resolution of this case. The Parties are required to file appropriate dismissal documents within 10 days, or by October 19, 2020. The Parties are advised that their Notice of Settlement does not stay this litigation, and therefore until Defendant Equifax is dismissed from this action, the court will expect compliance with all litigation deadlines. However, in light of the pending settlement, I will further extend the deadline for Defendant Equifax to respond to the Complaint from October 9, 2020, to October 19, 2020. Moreover, consistent with the Parties' request contained within the Notice of Settlement, this court will retain jurisdiction over this matter following the closing of the case for the purpose of enforcing the Parties' settlement agreement if necessary. Signed by Judge Donald M. Middlebrooks on 10/9/2020. (kal)
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Filing 23
PAPERLESS ORDER SETTING DEADLINE FOR FILING DISMISSAL DOCUMENTS AND EXTENDING DEADLINE TO RESPOND TO COMPLAINT. Defendant GM Financial Leasing has filed a Notice of Settlement. (DE #21 ). The court congratulates these parties on reaching an amicable resolution of this case. The Parties are required to file appropriate dismissal documents within 10 days, or by October 19, 2020. Defendant's request for 60 days to file for dismissal is denied, as no good cause for such a delay is set forth in the Notice. The Parties are advised that the Notice of Settlement does not stay this litigation, and therefore until Defendant GM Financial Leasing is dismissed from this action, the court will expect compliance with all litigation deadlines. However, in light of the pending settlement, I will further extend the deadline for Defendant to respond to the Complaint from October 9, 2020, to October 19, 2020. Signed by Judge Donald M. Middlebrooks on 10/9/2020. (kal)
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| Filing 22 NOTICE of Settlement with Defendant EQUIFAX INFORMATION SERVICES LLC by MARINA KOVALSKI (Rajabalee, Kevin) |
| Filing 21 NOTICE of Settlement by GENERAL MOTORS FINANCIAL, INC (Mitchell, Matthew) |
| Filing 20 Clerks Notice of Docket Correction re 19 Clerks Notice of Docket Correction and Instruction to Filer - Attorney. Correction DE 19 Notice was sent in error. Document restricted and modified. (kpe) |
| Filing 18 ANSWER and Affirmative Defenses to Complaint by Experian Information Solutions, Inc.. (Sinel, Genna) |
| Filing 17 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) |
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Filing 16
PAPERLESS ORDER granting in part #14 Defendant's Unopposed Motion for Extension of Time. The deadline for Defendant Equifax Information Services, LLC, to respond to the Complaint (DE #1 ) was September 25, 2020. (DE #9 ). Defendant seeks an extension until October 15, 2020, "in order for [Defendant] to further review the allegations in Plaintiff's Complaint and for the parties to engage in settlement negotiations." (DE #14 ). The basis for the requested relief is largely conclusory, but in the interest of encouraging an early amicable resolution of this matter and in light of the fact that the Motion is unopposed, I will grant it in part. Therefore, the deadline for Defendant Equifax Information Services, LLC, to respond to the Complaint (DE #1 ) is extended to October 9, 2020. No other litigation deadlines are modified or amended as a result of this Order. I caution Defendant that should the Parties fail to reach a settlement agreement in this matter, that fact alone shall not constitute good cause to further extend this filing deadline. I will not grant further extensions absent a showing of diligence and good cause supported by specific facts. Additionally, the Court notes that Defendant's Motion for Extension of Time was filed on the date on which Defendant's response to the Complaint was due. Going forward, counsel must ensure that extensions are sought in advance of the deadline. Signed by Judge Donald M. Middlebrooks on 9/29/2020. (kal)
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| Filing 15 Plaintiff's Certificate of Other Affiliates by MARINA KOVALSKI (Rajabalee, Kevin) |
| Filing 14 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 13 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) |
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Filing 12
PAPERLESS ORDER granting #11 Defendant's Unopposed Motion for Extension of Time. The deadline for Defendant ACAR Leasing Ltd. d/b/a GM Financial Leasing (designated in the Complaint as General Motors Financial, Inc.) (hereafter "GM Financial") to respond to the Complaint (DE #1 ) is September 25, 2020. (DE #8 ). Defendant seeks to extend that deadline by 14 days, citing that Defendant's counsel was "recently retained" and "needs additional time to investigate the allegations and gather information relating to Plaintiff's claims before filing a response." (DE #11 ). Based upon the brief nature of the requested extension and the fact that this Motion is unopposed, I find good cause to grant the motion. Therefore, the deadline for Defendant GM Financial to respond to the Complaint (DE #1 ) is extended to October 9, 2020. No other litigation deadlines are modified or amended as a result of this Order, and I will not grant further extensions absent a showing of diligence and good cause supported by specific facts. Signed by Judge Donald M. Middlebrooks on 9/22/2020. (kal)
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| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by GENERAL MOTORS FINANCIAL, INC. Attorney Matthew Thomas Mitchell added to party GENERAL MOTORS FINANCIAL, INC(pty:dft). (Attachments: #1 Text of Proposed Order)(Mitchell, Matthew) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MARINA KOVALSKI. Experian Information Solutions, Inc. served on 9/9/2020, answer due 9/30/2020. (Rajabalee, Kevin) |
| 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 MARINA KOVALSKI. Equifax Information Services, LLC served on 9/4/2020, answer due 9/25/2020. (Rajabalee, Kevin) |
| 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 MARINA KOVALSKI. GENERAL MOTORS FINANCIAL, INC served on 9/4/2020, answer due 9/25/2020. (Rajabalee, Kevin) |
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Filing 7
ORDER OF RECUSAL. Judge Raag Singhal recused. Case reassigned to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon for all further proceedings. Signed by Judge Raag Singhal on 9/2/2020. See attached document for full details. (bms)
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| Filing 6 Summons Issued as to Equifax Information Services, LLC, Experian Information Solutions, Inc., GENERAL MOTORS FINANCIAL, INC. (lbc) |
| Filing 5 NOTICE of Filing Proposed Summons(es) by MARINA KOVALSKI re #1 Complaint, filed by MARINA KOVALSKI, 3 Clerks Notice to Filer re: Electronic Case, Summons(es) (Attachments: #1 Summon(s) Equifax, #2 Summon(s) Experian, #3 Summon(s) GM Financial) (Rajabalee, Kevin) |
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Filing 4
NOTICE OF COURT PRACTICE.Unless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall be: double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c).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.Pursuant to Southern District of Florida CM/ECF NextGen Administrative Procedure 3I(6), all proposed orders must be e-mailed in Word format (.doc or.docx) to the division e-mail address at Singhal@flsd.uscourts.gov.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 9/1/2020. (eyr)
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| Filing 3 Clerks Notice to Filer re: Summons(es) cannot be issued. The Plaintiff name on the summons(es) does not match the initiating documents (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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-13441499, filed by MARINA KOVALSKI. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Summon(s) GM FINANCIAL, #5 Summon(s) EXPERIAN, #6 Summon(s) EQUIFAX, #7 Civil Cover Sheet)(Rajabalee, Kevin) |
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