Owens v. SunUp Financial, LLC et al

Florida Middle District Court
Judge:Kathryn Kimball Mizelle
Referred: Julie S Sneed
Case #: 8:24-cv-00432
Nature of Suit470 Other Statutes - Racketeer Influenced and Corrupt Organizations
Cause18:1962 Racketeering (RICO) Act
Case Filed:Feb 16, 2024
Terminated:Apr 13, 2024
Last checked: Thursday Aug 15, 2024 12:05 PM EDT
Defendant
Capital Community Bank, Inc.
Represented By
Noah DiPasquale
Troutman Pepper
contact info
Defendant
SunUp Financial, LLC
Represented By
Noah DiPasquale
Troutman Pepper
contact info
Defendant
Total Loan Services, LLC
Represented By
Noah DiPasquale
Troutman Pepper
contact info
Plaintiff
Tammy Owens
Represented By
Christian Earl Cok
Seraph Legal, PA
contact info


Docket last updated: 05/23/2025 11:59 PM EDT
Wednesday, April 24, 2024
22 22 order Order Wed 04/24 6:08 PM
ENDORSED ORDER: Plaintiff filed a 21 notice of voluntary dismissal with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). Because no Defendant answers or moves for summary judgment, the notice of voluntary dismissal is self-executing. See Fed. R. Civ. P. 41(a)(1)(A)(i); Matthews v. Gaither , 902 F.2d 877, 880 (11th Cir. 1990). The Court previously 19 closed this case based on the parties' 18 Notice of Settlement, thus the Court need not take further action. Signed by Judge Kathryn Kimball Mizelle on 4/24/2024. (ALE)
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21 21 notice Notice of voluntary dismissal Wed 04/24 4:04 PM
NOTICE of voluntary dismissal by Tammy Owens (Cok, Christian)
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Monday, April 15, 2024
20 20 notice Notice to Counsel of Local Rule Mon 04/15 11:35 AM
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JDR)
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Saturday, April 13, 2024
19 19 order Order Sat 04/13 3:36 PM
ENDORSED ORDER: The parties announce (Doc. 18 ) a settlement. Under Local Rule 3.09(b), this action is DISMISSED subject to the right of any party within sixty days (1) to submit a stipulated form of final order or (2) to move to vacate the dismissal for good cause. The clerk is directed to CLOSE the case. Signed by Judge Kathryn Kimball Mizelle on 4/13/2024. (ALE)
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Friday, April 12, 2024
18 18 notice Notice of settlement Fri 04/12 6:54 PM
NOTICE of settlement by Capital Community Bank, Inc., SunUp Financial, LLC, Total Loan Services, LLC (DiPasquale, Noah)
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Friday, March 08, 2024
17 17 order Order on Motion for Extension of Time to Answer Fri 03/08 8:18 AM
ENDORSED ORDER: Finding good cause, the Court grants 13 Defendants' Motion for Extension of Time. All Defendants shall file an answer or response to the 1 Complaint no later than April 12, 2024. Signed by Judge Kathryn Kimball Mizelle on 3/8/2024. (ALE)
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Thursday, March 07, 2024
16 16 misc Certificate of Interested Persons and Corporate Disclosure Statement Thu 03/07 3:58 PM
CERTIFICATE of interested persons and corporate disclosure statement by Capital Community Bank, Inc., SunUp Financial, LLC, Total Loan Services, LLC identifying Corporate Parent Capital Community Bancorporation, Inc. for Capital Community Bank, Inc.; Corporate Parent Braviant Consumer, LLC for SunUp Financial, LLC. (DiPasquale, Noah)
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15 15 notice Notice of a Related Action Thu 03/07 3:52 PM
NOTICE of a related action per Local Rule 1.07(c) by Capital Community Bank, Inc., SunUp Financial, LLC, Total Loan Services, LLC. Related case(s): No (DiPasquale, Noah)
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14 14 notice Notice of Lead Counsel Designation Thu 03/07 3:51 PM
NOTICE of Lead Counsel Designation by Noah DiPasquale on behalf of Capital Community Bank, Inc., SunUp Financial, LLC, Total Loan Services, LLC. Lead Counsel: Noah J. DiPasquale. (DiPasquale, Noah)
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13 13 motion Extension of Time to File Answer / Respond to Complaint Thu 03/07 3:49 PM
Unopposed MOTION for Extension of Time to File Answer re1 Complaint by Capital Community Bank, Inc., SunUp Financial, LLC, Total Loan Services, LLC. (DiPasquale, Noah)
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Tuesday, March 05, 2024
12 12 utility Case Assigned/Reassigned Tue 03/05 9:35 AM
Case Reassigned to Magistrate Judge Unassigned Magistrate. New case number: 8:24-cv-00432-KKM-UAM. Magistrate Judge Julie S. Sneed no longer assigned to the case. (SAO)
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Monday, March 04, 2024
11 11 service Proof of service Mon 03/04 12:44 PM
PROOF of service by Tammy Owens (Cok, Christian)
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10 10 service Proof of service Mon 03/04 12:42 PM
PROOF of service by Tammy Owens (Cok, Christian)
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9 9 service Proof of service Mon 03/04 12:42 PM
PROOF of service by Tammy Owens (Cok, Christian)
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Wednesday, February 21, 2024
8 8 order Standing Order Wed 02/21 8:06 AM
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Each party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 2/21/2024. (ALE)
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Tuesday, February 20, 2024
7 7 service Summons issued Tue 02/20 2:55 PM
SUMMONS issued as to Capital Community Bank, Inc., SunUp Financial, LLC, Total Loan Services, LLC. (LSS)
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6 6 notice Notice to Counsel of Local Rule Tue 02/20 11:55 AM
NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (JK)
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5 5 utility Case Assigned/Reassigned Tue 02/20 10:50 AM
NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Julie S. Sneed. New case number: 8:24-cv-00432-KKM-JSS. (JK)
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Friday, February 16, 2024
4 4 notice Notice of a Related Action Fri 02/16 4:02 PM
NOTICE of a related action per Local Rule 1.07(c) by Tammy Owens. Related case(s): No (Cok, Christian)
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3 3 misc Certificate of Interested Persons and Corporate Disclosure Statement Fri 02/16 4:01 PM
CERTIFICATE of interested persons and corporate disclosure statement by Tammy Owens. (Cok, Christian)
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2 2 notice Notice of Lead Counsel Designation Fri 02/16 4:00 PM
NOTICE of Lead Counsel Designation by Christian Earl Cok on behalf of Tammy Owens. Lead Counsel: Christian E. Cok. (Cok, Christian)
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1 1 cmp Complaint Fri 02/16 3:46 PM
COMPLAINT against All Defendants with Jury Demand (Filing fee $405 receipt number AFLMDC-21778732) filed by Tammy Owens.(Cok, Christian)
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Att: 1 Exhibit,
Att: 2 Civil Cover Sheet,
Att: 3 Proposed Summons,
Att: 4 Proposed Summons,
Att: 5 Proposed Summons