Caraza v. Financial Recovery Services of Minnesota, Inc.
| Aurora Caraza |
| Financial Recovery Services of Minnesota, Inc. doing business as Financial Recovery Services, Inc. |
| 9:2021cv82025 |
| November 3, 2021 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Darrin P Gayles |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Both |
Docket Report
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This docket was last retrieved on December 27, 2021. A more recent docket listing may be available from PACER.
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Filing 17
PAPERLESS ORDER granting Defendant's #14 Unopposed Motion to Stay. This case is STAYED pending the Eleventh Circuit's ruling in Hunstein v. Preferred Collection & Mgmt. Servs., Inc., No. 19-14434 (11th Cir. 2021). The Court will defer ruling on Plaintiff's #15 Motion to Remand in light of the Eleventh Circuit's forthcoming decision that will resolve the issue of standing in this case. See Davis v. Post Univ., Inc., No. 18-CIV-81004, 2019 WL 9048995, at *12 (S.D. Fla. Nov. 7, 2019) (exercising its "inherent authority" to stay the case despite defendant's standing arguments in anticipation of an Eleventh Circuit decision that would resolve the issue of standing). This case is CLOSED for administrative purposes. The parties shall file a joint motion to reopen the case within fourteen (14) days of the Eleventh Circuit's en banc ruling. Signed by Judge Darrin P. Gayles on 12/27/2021. (jsi)
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| Filing 16 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 12/27/2021. (jsi) |
| Filing 15 MOTION to Remand by Aurora Caraza. (Patti, Thomas) |
| Filing 14 Unopposed MOTION to Stay and Memorandum in Support Thereof by Financial Recovery Services of Minnesota, Inc.. Responses due by 1/5/2022 (Canter, Ronald) |
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Filing 13
ORDER TRANSFERRING CASE to Judge Darrin P. Gayles for all further proceedings, accepted and signed on 12/20/2021. Judge Aileen M. Cannon no longer assigned to case Signed by Judge Aileen M. Cannon on 12/16/2021. See attached document for full details. (drz) Modified Judge signature date on 12/28/2021 (asl).
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| Filing 12 STATUS REPORT (REMOVAL) by Financial Recovery Services of Minnesota, Inc. (Canter, Ronald) |
| Filing 11 Joint SCHEDULING REPORT - Rule 26(f) by Aurora Caraza (Attachments: #1 Text of Proposed Order)(Patti, Thomas) |
| Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Aurora Caraza (Patti, Thomas) |
| Filing 9 Notice of Pending, Refiled, Related or Similar Actions by Financial Recovery Services of Minnesota, Inc. (Canter, Ronald) |
| Filing 8 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Financial Recovery Services of Minnesota, Inc.. (Canter, Ronald) |
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Filing 7
Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report due by 12/2/2021 Signed by Judge Aileen M. Cannon on 11/4/2021. See attached document for full details. (drz)
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| Filing 6 Notice of Court Practices in Removal Cases. ( Status Report due by 12/2/2021.) Counsel for the removing party also is directed to file and serve a Removal Status Report no later than December 2, 2021. Signed by Judge Aileen M. Cannon on 11/4/2021. See attached document for full details. (drz) |
| Filing 5 Corporate Disclosure Statement by Financial Recovery Services of Minnesota, Inc. (Canter, Ronald) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Jury demand when filing. The correction was made. It is not necessary to re-file this document. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (drz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Aurora Caraza v. Financial Recovery Services of Minnesota, Inc. d/b/a Financial Recovery Services, Inc.) Filing fee $ 402.00 receipt number AFLSDC-15145707, filed by Financial Recovery Services of Minnesota, Inc. d/b/a Financial Recovery Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 State Court - Complaint, #3 State Court - Civil Cover Sheet, #4 State Court - Summons, #5 State Court - Standing Order for Case Management, #6 State Court - Service of Process)(Canter, Ronald) Modified Text on 11/3/2021 (drz). (No Answer, Affirmative Defenses or Motion to Dismiss filed in State Court) |
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