Cho v. AvanteUSA, Ltd. et al
| Thieu Nhu Cho |
| AvanteUSA, Ltd. and Cascade Capital Funding, LLC |
| 9:2021cv80753 |
| April 22, 2021 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 17, 2021. A more recent docket listing may be available from PACER.
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Filing 16
ORDER Closing Case. The Clerk of Court shall CLOSE THIS CASE. All pending motions are DENIED AS MOOT. Signed by Judge Donald M. Middlebrooks on 6/17/2021. See attached document for full details. (kpe)
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| Filing 15 NOTICE of Voluntary Dismissal With Prejudice by Thieu Nhu Cho (Taylor, Alexander) |
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Filing 14
PAPERLESS ORDER granting in part #13 Motion for Extension of Time. On May 20, 2021, Plaintiff filed a Notice of Settlement and asked for 60 days to file closing documents. I denied that request and set a deadline of June 1, 2021. Plaintiff now seeks a 60 day extension of that deadline, stating only that the settlement has not been "consummate[d]." Plaintiff's motion fails to set forth good cause for the requested extension. If the Parties have settled this matter, Plaintiff should file for dismissal. I will reserve jurisdiction to enforce the Parties' agreement upon closing the case if requested to do so. I will grant the motion in part and extend the deadline to June 21, 2021. Plaintiff's failure to timely comply with this extended deadline may result in dismissal without prejudice. Signed by Judge Donald M. Middlebrooks on 6/9/2021. (kal)
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| Filing 13 Unopposed MOTION for Extension of Time to File Dismissal Papers by Thieu Nhu Cho. Responses due by 6/22/2021 (Attachments: #1 Text of Proposed Order)(Taylor, Alexander) |
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Filing 12
PAPERLESS ORDER denying without prejudice #11 Plaintiff's Motion to Extend Deadline to File Dismissal Papers. Plaintiff filed its Motion in violation of Southern District of Florida Local Rule 7.1(a)(3), which requires counsel for the moving party to certify in the motion that it has "confer[red] (orally or in writing), or ma[de] reasonable effort to confer (orally or in writing), with all parties or non-parties who may be affected by the relief sought in the motion." Plaintiff may renew its Motion but only after conferring in accordance with the Local Rules and only if the renewed Motion includes a compliant certificate of conferral. Signed by Judge Donald M. Middlebrooks on 6/1/2021. (hck)
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| Filing 11 MOTION for Extension of Time to File Dismissal Papers by Thieu Nhu Cho. Responses due by 6/15/2021 (Attachments: #1 Text of Proposed Order)(Taylor, Alexander) |
| Filing 10 Case Reassignment of Paired Magistrate Judge to Magistrate Judge William Matthewman. Magistrate Judge Dave Lee Brannon no longer assigned to case. (yar) |
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Filing 9
PAPERLESS ORDER SETTING DEADLINE FOR FILING CLOSING DOCUMENTS. On May 20, 2021, Plaintiff filed a Notice of Settlement (DE #8 ), and the Court congratulates the Parties on reaching an early and amicable resolution of this case. Pursuant to the instructions set forth in the Pretrial Scheduling Order (DE #7 ), the Parties shall file appropriate closing documents within 10 days of the Notice, or by June 1, 2021. The Court will retain jurisdiction to enforce the terms of the Parties' settlement agreement if requested to do so before closing the case. The Parties are advised that the Notice of Settlement does not stay this litigation, and therefore until appropriate closing documents are filed, the Court will expect compliance with all pretrial deadlines. However, given that Plaintiff filed the instant Notice the day after the answer deadline, I will extend that one deadline to June 1, 2021. In addition, I acknowledge that in the Notice, Plaintiff requests 60 days to file appropriate dismissal documents; however, Plaintiff does not provide any specific facts that would allow the Court to determine whether good cause exists to extend the time in which to file closing documents. Accordingly, Plaintiff's request in that regard is denied. Signed by Judge Donald M. Middlebrooks on 5/21/2021. (hck)
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| Filing 8 NOTICE of Settlement by Thieu Nhu Cho (Taylor, Alexander) |
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Filing 7
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 7/12/2021., Discovery due by 11/1/2021., Joinder of Parties due by 7/12/2021., In Limine Motions due by 11/15/2021., Dispositive Motions due by 11/15/2021., Motions due by 11/15/2021., Pretrial Stipulation due by 12/20/2021.) Signed by Magistrate Judge Dave Lee Brannon on 5/10/2021. See attached document for full details. (kpe) #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 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Thieu Nhu Cho. Cascade Capital Funding, LLC served on 4/28/2021, answer due 5/19/2021. (Taylor, Alexander) |
| 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 Thieu Nhu Cho. AvanteUSA, Ltd. served on 4/28/2021, answer due 5/19/2021. (Taylor, Alexander) |
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Filing 4
ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 1/18/2022 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 1/12/2022 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 5/5/2021. See attached document for full details. (ail) #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 3 Summons Issued as to AvanteUSA, Ltd., Cascade Capital Funding, LLC. (kpe) |
| 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. (kpe) |
| Filing 1 COMPLAINT against AvanteUSA, Ltd., Cascade Capital Funding, LLC. Filing fees $ 402.00 receipt number AFLSDC-14628566, filed by Thieu Nhu Cho. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Taylor, Alexander) |
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