Hyde v. TransUnion, LLC et al
| Marcia Hyde |
| Ocwen Financial Corporation doing business as OCWEN Loan Servicing, LLC and TransUnion, LLC |
| 9:2021cv81078 |
| June 16, 2021 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Defendant |
Docket Report
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This docket was last retrieved on August 12, 2021. A more recent docket listing may be available from PACER.
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Filing 21
PAPERLESS ORDER. The Parties have filed a Joint Notice of Settlement (DE #20 ), and the Court congratulates them on their amicable resolution of this matter. The Parties' request for sixty (60) days to file closing documents is denied, as there is no good cause set forth in the Notice for such a delay. Finalizing a settlement is not, in and of itself, good cause. Therefore closing documents must be filed within 10 days, or by August 23, 2021. Until a dismissal is filed, the court expects compliance with all pretrial deadlines. The Parties may move for the Court to retain jurisdiction upon closing the case if necessary to enforce the terms of their settlement agreement. Signed by Judge Donald M. Middlebrooks on 8/12/2021. (kal)
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| Filing 20 NOTICE of Settlement as to Ocwen Loan Servicing, LLC by Marcia Hyde (Zeig, Justin) |
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Filing 19
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 2/28/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 2/23/2022 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman to enter a Scheduling Order with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 8/11/2021. 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 18
PAPERLESS ORDER denying as moot #13 Motion to Dismiss for Failure to State a Claim, and denying as moot #14 Motion to Stay. In light of Plaintiff's filing of a First Amended Complaint (DE #17 ), the foregoing motions are moot. Signed by Judge Donald M. Middlebrooks on 8/9/2021. (kal)
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| Filing 17 First AMENDED COMPLAINT against Ocwen Financial Corporation, TransUnion, LLC, filed by Marcia Hyde.(Zeig, Justin) |
| Filing 16 Notice of Supplemental Authority re #13 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by TransUnion, LLC (Attachments: #1 Exhibit A - Ostrander Order, #2 Exhibit B - Torres Order) (Epps, Alexandria) |
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Filing 15
PAPERLESS ORDER deferring ruling on #14 Unopposed Motion to Stay Case. I have reviewed Defendant Trans Union's Motion to Stay and I will defer ruling thereon until after the filing of Plaintiff's response to the pending Motion to Dismiss Complaint (DE #13 ). Plaintiff shall ensure that her Response in opposition to the Motion to Dismiss is timely filed no later than August 6, 2021. Signed by Judge Donald M. Middlebrooks on 8/3/2021. (kal)
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| Filing 14 Unopposed MOTION to Stay re #13 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by TransUnion, LLC. Responses due by 8/16/2021 (Attachments: #1 Text of Proposed Order)(Epps, Alexandria) |
| Filing 13 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by TransUnion, LLC. Responses due by 8/6/2021 (Attachments: #1 Exhibit A - Declaration in Support of Motion to Dismiss, #2 Exhibit A-1 - Disclosure, #3 Text of Proposed Order)(Epps, Alexandria) |
| Filing 12 Defendant PHH Mortgage Corporation's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Ocwen Financial Corporation. (Brockman, William) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Marcia Hyde. TransUnion, LLC served on 6/18/2021, answer due 7/23/2021. (Zeig, Justin) |
| 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 Marcia Hyde. Ocwen Financial Corporation served on 6/18/2021, answer due 7/23/2021. (Zeig, Justin) |
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Filing 9
PAPERLESS ORDER granting in part #6 Motion for Extension of Time filed by Defendant PHH Mortgage Corporation (named in the Complaint as Ocwen Financial Corporation) (hereinafter "PHH"). PHH seeks a 28-day extension of the deadline to respond to the Complaint, citing that "based on the allegations in the Complaint, PHH has been unable to identify Plaintiff's loan and the corresponding credit reporting at issue" and thus needs "additional time to... identify Plaintiff's loan, review the allegations in the Complaint, and prepare its responses." (DE #6 ). PHH also represents that it anticipates exploring the possibility of settlement with Plaintiff. (Id.). Although Plaintiff's position on the Motion is unknown, I find good cause to grant the Motion in part and extend the deadline for PHH to respond to the Complaint to July 23, 2021. However, should the relevant Parties fail to amicably resolve Plaintiff's claims against PHH, that fact alone shall not constitute good cause to further extend this deadline. No other litigation deadlines are modified or amended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 7/9/2021. (apo)
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Filing 8
PAPERLESS ORDER granting in part #4 Defendant TransUnion, LLC's Unopposed Motion for Extension of Time. Defendant TransUnion, LLC, seeks a 28-day extension of the deadline to respond to the Complaint, citing that the allegations "date back to an unknown time and relate to Plaintiff's Ocwen Loan Servicing mortgage account" and thus it "needs additional time to locate and assemble the documents and information relating to Plaintiff's credit files and the disputes submitted by Plaintiff." (DE #4 ). I find good cause to grant the Motion in part and extend the deadline for Defendant TransUnion, LLC, to respond to the Complaint to July 23, 2021. No other litigation deadlines are modified or amended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 7/9/2021. (apo)
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| Filing 7 Corporate Disclosure Statement by Ocwen Financial Corporation identifying Other Affiliate PHH Corporation, Other Affiliate PHH Mortgage Corporation for Ocwen Financial Corporation (Brockman, William) |
| Filing 6 Defendant's MOTION for Extension of Time to File Response/Reply/Answer by Ocwen Financial Corporation. Attorney William Bard Brockman added to party Ocwen Financial Corporation(pty:dft). (Attachments: #1 Text of Proposed Order Proposed Order)(Brockman, William) |
| Filing 5 Certificate of Other Affiliates/Corporate Disclosure Statement by TransUnion, LLC identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Corporate Parent TransUnion, Other Affiliate T. Rowe Price Group, Inc. for TransUnion, LLC (Epps, Alexandria) |
| Filing 4 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by TransUnion, LLC. Attorney Alexandria N Epps added to party TransUnion, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Epps, Alexandria) |
| Filing 3 Summons Issued as to Ocwen Financial Corporation, TransUnion, LLC. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. 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 Ocwen Financial Corporation, TransUnion, LLC. Filing fees $ 402.00 receipt number AFLSDC-14774013, filed by Marcia Hyde. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Ocwen, #3 Summon(s) Transunion)(Zeig, Justin) |
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