Quintana v. POLLACK & ROSEN, P.A et al
| Florida Southern District Court | |
| Judge: | Rodolfo A Ruiz, II |
| Referred: | Jacqueline Becerra |
| Case #: | 1:23-cv-23126 |
| Nature of Suit | 480 Other Statutes - Consumer Credit |
| Cause | 15:1692 Fair Debt Collection Act |
| Case Filed: | Aug 17, 2023 |
| Terminated: | Dec 11, 2023 |
| Last checked: Tuesday Feb 13, 2024 3:22 AM EST |
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Defendant
Capital One Bank (USA) N.A
1111 e main st 16th floor
richmond, VA 23219 |
Represented By
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Defendant
Pollack & Rosen, P.A.
806 Douglas Road, South Tower Suite 200
Coral Gables, FL 33134 |
Represented By
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Mediator
Mark Stein
Mark Stein Law 2999 N.E. 191st Street Suite 330i
Aventura,, FL 33180 |
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Plaintiff
Nicholas Quintana
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Represented By
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| Docket last updated: 34 minutes ago |
| Friday, December 15, 2023 | ||
| 46 | 46
1
pgs
order
Order Dismissing/Closing Case or Party
Mon 12/18 9:54 AM
ORDER OF DISMISSAL re45 STIPULATION of Dismissal with Prejudice by Nicholas Quintana. ORDERED AND ADJUDGED that this case is DISMISSED with prejudice, with each party to bear its own costs and attorneys' fees. The Clerk is instructed to mark this case CLOSED, and any pending motions are DENIED AS MOOT. Signed by Judge Rodolfo A. Ruiz, II on 12/15/2023. See attached document for full details. (rbe) |
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| 45 | 45
misc
Stipulation of Dismissal - aty
Fri 12/15 10:23 AM
STIPULATION of Dismissal with Prejudice by Nicholas Quintana |
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| Monday, December 11, 2023 | ||
| 44 | 44
order
Administrative Order
Mon 12/11 4:19 PM
Administrative Order Closing Case. The parties shall file a stipulation of dismissal within thirty (30) days of the date of this Order. Signed by Judge Rodolfo A. Ruiz, II on 12/11/2023. See attached document for full details. (agh) |
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| 43 | 43
notice
Notice of Settlement - aty
Mon 12/11 1:44 PM
NOTICE of Settlement and Motion to Stay Deadlines by Nicholas Quintana |
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| Wednesday, November 29, 2023 | ||
| 42 | 42
notice
Clerk's Notice - Attorney Admissions
Wed 11/29 8:58 AM
CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorney's PACER account for attorney Michael Darren Starks. (cw) |
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| Tuesday, November 28, 2023 | ||
| 41 | 41
notice
Notice of Change of Address, Email or Law Firm Name
Tue 11/28 4:27 PM
NOTICE of Change of Address, Email or Law Firm Name by Michael Darren Starks (Starks, Michael) |
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| Wednesday, November 15, 2023 | ||
| 40 | 40
1
pgs
order
Order Scheduling Mediation
Thu 11/16 10:15 AM
ORDER Scheduling Mediation. The mediation conference in this matter shall be held with Mark Stein on February 14, 2024 at 10:30 A.M. via Zoom. Signed by Judge Rodolfo A. Ruiz, II on 11/15/2023. See attached document for full details. (rbe) |
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| 39 | 39
adr
Notice of Mediator Selection and/or Hearing
Wed 11/15 3:14 PM
Joint NOTICE of Mediator Selection and Hearing. Selected/Added Mark Stein as Mediator. Mediation Hearing set for 2/14/2024 at 10:30 a.m.. |
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Att: 1
Text of Proposed Order
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| Tuesday, November 14, 2023 | ||
| 38 | 38
1
pgs
order
Order to Show Cause
Tue 11/14 5:44 PM
ORDER TO SHOW CAUSE. On or before November 16, 2023 , the parties shall comply with the requirements of the Scheduling Order and schedule a time and date for mediation. Signed by Judge Rodolfo A. Ruiz, II on 11/14/2023. See attached document for full details. (agh) |
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| Thursday, November 02, 2023 | ||
| 37 | 37
1
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Fri 11/03 10:12 AM
ORDER GRANTING27 DEFENDANT'S MOTION TO DISMISS BY DEFAULT. Plaintiff's claims against Defendant Pollack & Rosen, P.A. are DISMISSED without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 11/2/2023. See attached document for full details. (rbe) |
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| Wednesday, November 01, 2023 | ||
| 36 | 36
order
Order on Motion for Extension of Time
Wed 11/01 5:44 PM
PAPERLESS ORDER granting35 Joint Motion for Extension of Time and for Leave to Participate in Mediation Remotely. The parties shall select a mediator and schedule mediation on or before November 13, 2023 . The Court has also considered the parties' concerns and determined that good cause exists to conduct the mediation remotely via video-conference. Signed by Judge Rodolfo A. Ruiz, II on 11/1/2023. (agh) |
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| 35 | 35
motion
Extension of Time
Wed 11/01 2:04 PM
Joint MOTION for Extension of Time to Schedule Mediation and for Leave to Participate in Mediation Remotely via Video-Conference re31 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, by Capital One Bank (USA) N.A. Responses due by 11/15/2023 (Kemp-Gerstel, Andrew) |
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| Monday, October 30, 2023 | ||
| 34 | 34
1
pgs
order
Order to Show Cause
Mon 10/30 9:09 PM
ORDER TO SHOW CAUSE. Plaintiff shall file a Response to Defendant's Motion to Dismiss, ECF No.27 , on or before November 1, 2023 . Signed by Judge Rodolfo A. Ruiz, II on 10/30/2023. See attached document for full details. (agh) |
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Tue 10/31 8:34 AM
Set/Reset Deadlines/Hearings per DE34 as to27 MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM . Responses due by 11/1/2023 (pcs) |
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| Friday, October 20, 2023 | ||
| 33 | 33
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Fri 10/20 2:48 PM
PAPERLESS ORDER granting Plaintiff's Unopposed Motion for Extension of Time, ECF No.32 . Plaintiff shall respond to Defendant's Motion to Dismiss, ECF No.27 on or before October 27, 2023 . Signed by Judge Rodolfo A. Ruiz, II on 10/20/2023. (agh) |
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| 32 | 32
motion
Extension of Time to File Response/Reply/Answer
Fri 10/20 1:23 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to27 MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM by Nicholas Quintana. |
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Fri 10/20 4:01 PM
Set/Reset Deadlines/Hearings per DE 33 as to27 MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM . Responses due by 10/27/2023 (pcs) |
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| Wednesday, October 11, 2023 | ||
| 31 | 31
order
Scheduling Order Order Referring Case to Mediation Order Referring Case to Magistrate Judge
Wed 10/11 1:26 PM
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION,AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE : Jury Trial set for 6/3/2024 in Miami Division before Judge Rodolfo A. Ruiz II. Calendar Call set for 5/28/2024 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II. Amended Pleadings due by 11/22/2023. Discovery due by 2/6/2024. Expert Discovery due by 2/6/2024. Joinder of Parties due by 11/22/2023. Mediation Deadline 2/13/2024. In Limine Motions due by 3/19/2024. Dispositive Motions due by 2/20/2024. Motions due by 2/20/2024. Pretrial Stipulation due by 3/19/2024.Pursuant to 28 U.S.C. § 636 and this District's Magistrate Judge Rules, all discovery matters are hereby referred to United States Magistrate Judge Jacqueline Becerra. Signed by Judge Rodolfo A. Ruiz, II on 10/11/2023. See attached document for full details. (rbe) |
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| Tuesday, October 10, 2023 | ||
| 30 | 30
misc
Scheduling Report - Rule 26(f)/16.1
Tue 10/10 4:52 PM
Joint SCHEDULING REPORT - Rule 16.1 by Nicholas Quintana |
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| Monday, October 09, 2023 | ||
| 29 | 29
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Mon 10/09 7:29 PM
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Nicholas Quintana |
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| Friday, October 06, 2023 | ||
| 28 | 28
answer
Answer to Complaint
Fri 10/06 4:17 PM
Pollack & Rosen, P.A.'s ANSWER and Affirmative Defenses to Complaint with Jury Demand by Pollack & Rosen, P.A.. (Spinozza, Kevin) |
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| 27 | 27
motion
Dismiss for Failure to State a Claim
Fri 10/06 8:34 AM
MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM by Pollack & Rosen, P.A.. Responses due by 10/20/2023(Spinozza, Kevin) |
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Att: 1
Exhibit 1
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| 26 | 26
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Fri 10/06 7:45 AM
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Pollack & Rosen, P.A. (Spinozza, Kevin) |
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| Thursday, October 05, 2023 | ||
| 25 | 25
answer
Answer to Complaint
Thu 10/05 4:45 PM
Capital One's ANSWER and Affirmative Defenses to Complaint by Capital One Bank (USA) N.A. (Kemp-Gerstel, Andrew) |
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| Wednesday, October 04, 2023 | ||
| 24 | 24
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Wed 10/04 12:29 PM
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Capital One Bank (USA) N.A (Starks, Michael) |
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| Tuesday, October 03, 2023 | ||
| 23 | 23
order
Order on Motion for Extension of Time
Tue 10/03 5:48 PM
PAPERLESS ORDER granting Parties' Joint Motion for Extension of Time to File a Joint Scheduling Report. The parties' Joint Scheduling Report is due on or before October 10, 2023 . Signed by Judge Rodolfo A. Ruiz, II on 10/3/2023. (agh) |
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| 22 | 22
motion
Extension of Time
Tue 10/03 3:52 PM
Joint MOTION for Extension of Time to file joint scheduling report re7 Order Requiring Joint Scheduling Report by Nicholas Quintana. Responses due by 10/17/2023 |
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utility
~Util - Set/Reset Deadlines/Hearings
Wed 10/04 8:43 AM
Set/Reset Deadlines/Hearings per DE 23 Joint Scheduling Report due by 10/10/2023 (pcs) |
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| Tuesday, September 26, 2023 | ||
| 21 | 21
notice
Notice of Attorney Appearance
Tue 09/26 3:27 PM
NOTICE of Attorney Appearance by Ramiro Gustavo Kruss on behalf of Pollack & Rosen, P.A.. Attorney Ramiro Gustavo Kruss added to party Pollack & Rosen, P.A.(pty:dft). (Kruss, Ramiro) |
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| 20 | 20
notice
Notice of Attorney Appearance
Tue 09/26 2:52 PM
NOTICE of Attorney Appearance by Kevin John Spinozza on behalf of Pollack & Rosen, P.A.. Attorney Kevin John Spinozza added to party Pollack & Rosen, P.A.(pty:dft). (Spinozza, Kevin) |
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| Thursday, August 17, 2023 | ||
| 3 | 3
Summons Issued as to Capital One Bank (USA) N.A, Pollack & Rosen, P.A. (rbe)
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| 2 | 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (rbe) | |
| 1 | 1
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pgs
COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16850877, filed by Nicholas Quintana.
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Att: 1
Civil Cover Sheet,
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Att: 2
Summon(s),
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Att: 3
Summon(s)
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