Tuition Options, LLC v. Project on Predatory Student Lending, Inc. et al
Plaintiff: Tuition Options, LLC
Defendant: Project on Predatory Student Lending, Inc. and Mayer Law PLLC
Case Number: 9:2023cv81293
Filed: September 19, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: William Matthewman
Referring Judge: Donald M Middlebrooks
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1332 Diversity
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2023 Opinion or Order Filing 28 PAPERLESS ORDER granting #26 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff seeks an extension of time to respond to Defendant Project on Predatory Student Lending, Inc's Motion to Dismiss (DE #20 ) from November 21, 2023, to November 28, 2023. Additionally, Plaintiff seeks an extension of time to respond to Mayer Law PLLC's Motion to Dismiss (DE #19 ) from November 17, 2023, to November 28, 2023. Motions for extension of time must set forth good cause supported by specific facts. In support, Plaintiff represents that counsel needs more time to respond to both Motions because they deal with overlapping and complex issues. Additionally, Plaintiff cites to the upcoming Thanksgiving holiday and the need to avoid unnecessarily duplicative filings. The totality of factors cited leads me to find that good cause exists to grant the extension. Plaintiff shall submit its Response to both Defendants' Motions to Dismiss (DE #19 , DE #20 ) by November 28, 2023. Signed by Judge Donald M. Middlebrooks on 11/16/2023. (kid)
November 15, 2023 Filing 27 Joint MOTION to Stay Discovery Pending Resolution of Defendants' Motions to Dismiss by Project on Predatory Student Lending, Inc.. Responses due by 11/29/2023 (Lake, James)
November 13, 2023 Filing 26 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #19 Defendant's MOTION TO DISMISS #1 Complaint, 18 Order on Motion for Extension of Time to File Response/Reply/Answer,, FOR FAILURE TO STATE A CLAIM , #20 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Tuition Options, LLC. (Tache, Walter)
November 13, 2023 Filing 25 NOTICE of Mediator Selection. Selected/Added Gary H. Larsen as Mediator. (Tache, Walter)
November 13, 2023 Filing 24 NOTICE of Striking #22 Notice (Other) filed by Tuition Options, LLC by Tuition Options, LLC (Tache, Walter)
November 13, 2023 Filing 23 Clerk's Notice to Filer re #22 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event is Notice of Mediator Selection and/or Hearing.; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must file a Notice of Striking, then refile the document using the correct event and adding the Mediator. (ls)
November 10, 2023 Filing 22 "STRICKEN" NOTICE by Tuition Options, LLC Notice of Mediator Selection (Tache, Walter) Modified on 11/14/2023 (ls). (per DE #24 )
November 10, 2023 Filing 21 Joint SCHEDULING REPORT - Rule 26(f) by Tuition Options, LLC (Tache, Walter)
November 7, 2023 Filing 20 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Project on Predatory Student Lending, Inc.. Responses due by 11/21/2023 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lake, James)
November 3, 2023 Filing 19 Defendant's MOTION TO DISMISS #1 Complaint, 18 Order on Motion for Extension of Time to File Response/Reply/Answer,, FOR FAILURE TO STATE A CLAIM by Mayer Law PLLC. Responses due by 11/17/2023 (Attachments: #1 Exhibit Chart of Allegedly Defamatory Statements)(Mayer, Nicole)
October 30, 2023 Opinion or Order Filing 18 PAPERLESS ORDER granting #17 Defendant Mayer Law PLLC's Unopposed Motion for Extension of Time. Defendant seeks an extension of time to respond to the Complaint from October 27, 2023, to November 3, 2023. I find that the Motion sufficiently sets forth good cause to grant the extension. The new deadline for Defendant Mayer Brown PLLC to respond to the Complaint is November 3, 2023.. I note, however, that Defendant filed this motion on the date of the deadline for the response to the Complaint. The Parties are cautioned to ensure that future motions for extensions of time are filed in advance of the deadline sought to be extended. Signed by Judge Donald M. Middlebrooks on 10/30/2023. (kal) Modified Text on 10/31/2023 (ls).
October 27, 2023 Filing 17 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Mayer Law PLLC. (Mayer, Nicole)
October 27, 2023 Opinion or Order Filing 16 PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 12/14/2023., All Discovery due by 4/4/2024., Joinder of Parties due by 12/14/2023., In Limine Motions due by 4/18/2024., Motions due by 4/18/2024., Pretrial Stipulation due by 5/20/2024.), and ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 10/27/2023. See attached document for full details. (ls)
October 27, 2023 Filing 15 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 10/27/2023. The Court discussed whether parties would be added, there are no motions pending, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached, the local rules, discovery, and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 31 minutes. Attorney Appearance(s): Walter J. Tache, Nicole Casey Mayer, James J. McGuire, James Burges Lake. (Digital 14:01:07) (swr)
October 27, 2023 Opinion or Order Filing 14 PAPERLESS ORDER denying without prejudice #12 Defendant Mayer Law PLLC's Motion for Extension of Time to respond to the Complaint. The motion contains no specific facts from which I can discern whether good cause exists. Moreover, counsel failed to include a proper certificate of conferral as required by this Court's Local Rules. Accordingly, the motion is denied. Signed by Judge Donald M. Middlebrooks on 10/27/2023. (kal)
October 27, 2023 Filing 13 Clerk's Notice to Filer re #12 First MOTION for Extension of Time to Respond to Plaintiff's Complaint . Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
October 26, 2023 Filing 12 Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Mayer Law PLLC. Responses due by 11/9/2023 (Mayer, Nicole) Modified Relief on 10/27/2023 (ls).
October 26, 2023 Filing 11 NOTICE of Attorney Appearance by Nicole Casey Mayer on behalf of Mayer Law PLLC. Attorney Nicole Casey Mayer added to party Mayer Law PLLC(pty:dft). (Mayer, Nicole)
October 25, 2023 Filing 10 NOTICE of Attorney Appearance by Walter J. Tache on behalf of Tuition Options, LLC. Attorney Walter J. Tache added to party Tuition Options, LLC(pty:pla). (Tache, Walter)
October 23, 2023 Opinion or Order Filing 9 PAPERLESS ORDER granting #8 Defendant Project on Predatory Student Lending, Inc.'s Motion for Extension of Time. Defendant seeks an extension of time to respond to the Complaint from October 24, 2023, to November 6, 2023. In support, Defendant represents that counsel was retained five days before the filing deadline and needs additional time to prepare a response. Motions for extension of time must set forth good cause supported by specific facts. I find that good cause exists to grant the extension. Additionally, I note that the Motion is unopposed. Therefore, Defendant Predatory Student Lending, Inc. has until November 7, 2023, to respond to the Complaint. This extended deadline applies to the moving Defendant only. Signed by Judge Donald M. Middlebrooks on 10/23/2023. (kal)
October 20, 2023 Filing 8 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Project on Predatory Student Lending, Inc.. (Lake, James)
October 20, 2023 Filing 7 NOTICE of Attorney Appearance by James Burges Lake on behalf of Project on Predatory Student Lending, Inc.. Attorney James Burges Lake added to party Project on Predatory Student Lending, Inc.(pty:dft). (Lake, James)
October 20, 2023 Filing 6 NOTICE of Attorney Appearance by James J. McGuire on behalf of Project on Predatory Student Lending, Inc.. Attorney James J. McGuire added to party Project on Predatory Student Lending, Inc.(pty:dft). (McGuire, James)
October 11, 2023 Opinion or Order Filing 5 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 10/27/2023 at 2:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 10/11/2023. (no00)
September 26, 2023 Opinion or Order Filing 4 ORDER REFERRING CASE AND SETTING TRIAL DATE. ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. with notices (NEFs for Events only) for all filings in case., SCHEDULING ORDER: ( Jury Trial set for 6/17/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/12/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 9/26/2023. See attached document for full details. (nan) #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.
September 20, 2023 Filing 3 Summons Issued as to Mayer Law PLLC, Project on Predatory Student Lending, Inc. (wce)
September 19, 2023 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. (wce)
September 19, 2023 Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16930167, filed by Tuition Options, LLC. (Attachments: #1 Summon(s), #2 Summon(s), #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Civil Cover Sheet)(Descalzo, Marissel)

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Plaintiff: Tuition Options, LLC
Represented By: Marissel Descalzo
Represented By: Walter J. Tache
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Defendant: Project on Predatory Student Lending, Inc.
Represented By: James Burges Lake
Represented By: James J. McGuire
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Defendant: Mayer Law PLLC
Represented By: Nicole Casey Mayer
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