Belleville v. Florida Insurance Services, Inc.
| Florida Southern District Court | |
| Judge: | Aileen M Cannon |
| Referred: | Shaniek Mills Maynard |
| Case #: | 2:23-cv-14369 |
| Nature of Suit | 485 Other Statutes - Telephone Consumer Protection Act |
| Cause | 47:227 Restrictions of Use of Telephone Equipment |
| Case Filed: | Nov 23, 2023 |
| Terminated: | Jun 18, 2024 |
| Last checked: Tuesday May 21, 2024 4:17 AM EDT |
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Defendant
Florida Insurance Services, Inc.
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Represented By
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Plaintiff
Douglas Belleville
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Represented By
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GPO
May 22 2024
REPORT AND RECOMMENDATIONS re 15 MOTION TO DISMISS 13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STRIKE CERTAIN IMPROPER ALLEGATIONS THEREFROM filed by Florida Insurance Services, Inc. Recommending Grant Motion. Objections to R&R due by 6/5/2024 Signed by Magistrate Judge Shaniek Mills Maynard on 5/22/2024. See attached document for full details. (cqs) |
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GPO
May 31 2024
ORDER ACCEPTING IN PART AND REJECTING IN PART MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Granting 15 Motion to Dismiss for Failure to State a Claim, filed by Florida Insurance Services, Inc., 23 Report and Recommendations, ; Adopting in Part and Rejecting 23 Report and Recommendations Certificate of Appealability: No Ruling Second Amended Complaint, due on or before June 13, 2024. Signed by Judge Aileen M. Cannon on 5/30/2024. See attached document for full details. (cqs) |
| Docket last updated: 02/21/2025 11:59 PM EST |
| Friday, July 12, 2024 | ||
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1
pgs
order
Order Dismissing/Closing Case or Party
Fri 07/12 1:44 PM
ORDER CLOSING CASE Signed by Judge Aileen M. Cannon on 7/12/2024. See attached document for full details. (pcs) |
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| Thursday, July 11, 2024 | ||
| 33 | 33
notice
Notice of Voluntary Dismissal - aty
Thu 07/11 2:15 PM
NOTICE of Voluntary Dismissal by Douglas Belleville (Kaufman, Avi) |
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| Tuesday, June 18, 2024 | ||
| 32 | 32
2
pgs
order
Order Dismissing/Closing Case or Party
Tue 06/18 11:22 AM
ORDER ADMINISTRATIVELY CLOSING CASE Signed by Judge Aileen M. Cannon on 6/18/2024. See attached document for full details. (cqs) |
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| Friday, June 14, 2024 | ||
| 31 | 31
notice
Notice (Other)
Fri 06/14 4:33 PM
Joint NOTICE of Resolution by Florida Insurance Services, Inc. (Menocal, Mario) |
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| 30 | 30
notice
Notice of Striking
Fri 06/14 4:31 PM
NOTICE of Striking27 Notice (Other) filed by Florida Insurance Services, Inc. by Florida Insurance Services, Inc. (Menocal, Mario) |
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| 29 | 29
order
- Order (PAPERLESS or pdf attached)
Fri 06/14 3:13 PM
PAPERLESS ORDER: The Court is in receipt of Plaintiff's Notice indicating that the parties have resolved the matter on an individual non-class basis27 . On or before July 29, 2024 , the parties shall file a jointly signed Notice of Settlement in accordance with S.D. Fla. L.R. 16.4. Signed by Judge Aileen M. Cannon on 6/14/2024. (mdo) |
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| 28 | 28
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Fri 06/14 7:07 AM
Clerk's Notice to Filer re27 Notice (Other). Login/Signature Block Violation ; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (cqs) |
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| Thursday, June 13, 2024 | ||
| 27 | 27
notice
Notice (Other)
Thu 06/13 5:23 PM
Plaintiff's NOTICE of Resolution by Florida Insurance Services, Inc. (Menocal, Mario) |
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| Friday, May 31, 2024 | ||
| 26 | 26
4
pgs
order
Order Adopting Report and Recommendations Order on Motion to Dismiss for Failure to State a Claim Order on Report and Recommendations
Fri 05/31 6:58 AM
ORDER ACCEPTING IN PART AND REJECTING IN PART MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Granting15 Motion to Dismiss for Failure to State a Claim, filed by Florida Insurance Services, Inc.,23 Report and Recommendations, ; Adopting in Part and Rejecting23 Report and Recommendations Certificate of Appealability: No Ruling Second Amended Complaint, due on or before June 13, 2024. Signed by Judge Aileen M. Cannon on 5/30/2024. See attached document for full details. (cqs) |
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| Thursday, May 30, 2024 | ||
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utility
~Util - Set/Reset Deadlines/Hearings
Fri 05/31 6:59 AM
Reset Deadlines Amended Complaint due by 6/13/2024. (cqs) |
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| Tuesday, May 28, 2024 | ||
| 25 | 25
notice
Notice (Other)
Tue 05/28 4:50 PM
NOTICE of Non-Objection by Florida Insurance Services, Inc. re23 REPORT AND RECOMMENDATIONS re15 MOTION TO DISMISS13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STRIKE CERTAIN IMPROPER ALLEGATIONS THEREFROM filed by Florida Insurance Service (Menocal, Mario) |
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| 24 | 24
notice
Notice (Other)
Tue 05/28 4:34 PM
NOTICE by Douglas Belleville re23 REPORT AND RECOMMENDATIONS re15 MOTION TO DISMISS13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STRIKE CERTAIN IMPROPER ALLEGATIONS THEREFROM filed by Florida Insurance Service (Kaufman, Avi) |
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| Wednesday, May 22, 2024 | ||
| 23 | 23
motion
Report and Recommendations
Thu 05/23 7:29 AM
REPORT AND RECOMMENDATIONS re15 MOTION TO DISMISS13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STRIKE CERTAIN IMPROPER ALLEGATIONS THEREFROM filed by Florida Insurance Services, Inc. Recommending Grant Motion. Objections to R&R due by 6/5/2024 Signed by Magistrate Judge Shaniek Mills Maynard on 5/22/2024. See attached document for full details. (cqs) |
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| Thursday, April 04, 2024 | ||
| 22 | 22
10
pgs
respm
Reply to Response to Motion
Thu 04/04 11:33 AM
REPLY to Response to Motion re15 MOTION TO DISMISS13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STRIKE CERTAIN IMPROPER ALLEGATIONS THEREFROM filed by Florida Insurance Services, Inc.. (Menocal, Mario) |
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| Monday, April 01, 2024 | ||
| 21 | 21
order
Order Referring Motion
Mon 04/01 11:37 AM
PAPERLESS ORDER: Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, Defendant's Motion to Dismiss15 is hereby REFERRED to Magistrate Judge Shaniek M. Maynard for a Report and Recommendation. Signed by Judge Aileen M. Cannon on 4/1/2024. (mp01) |
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| Thursday, March 21, 2024 | ||
| 20 | 20
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Thu 03/21 10:33 AM
PAPERLESS ORDER granting19 Defendant's Unopposed Motion for Extension of Time to File Reply in Support of Motion to Dismiss. Defendant shall file its Reply in Support of its Motion to Dismiss15 on or before April 4, 2024. Signed by Judge Aileen M. Cannon on 3/21/2024. (mp01) |
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utility
~Util - Set/Reset Deadlines/Hearings
Thu 03/21 11:10 AM
Reset Deadlines Per DE#20. Replies due by 4/4/2024. (cqs) |
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| Monday, March 18, 2024 | ||
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motion
Extension of Time to File Response/Reply/Answer
Mon 03/18 11:30 AM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to18 Response in Opposition to Motion, by Florida Insurance Services, Inc..(Menocal, Mario) |
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Att: 1
Text of Proposed Order Text of Proposed Order Granting Defendant to April 4 to Reply to Plaintiff's Response to Motion to Dismiss
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| Thursday, March 14, 2024 | ||
| 18 | 18
respm
Response in Opposition to Motion
Thu 03/14 10:04 PM
RESPONSE in Opposition re15 MOTION TO DISMISS13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STRIKE CERTAIN IMPROPER ALLEGATIONS THEREFROM filed by Douglas Belleville. Replies due by 3/21/2024.(Kaufman, Avi) |
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Att: 1
Exhibit 1
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| Thursday, February 29, 2024 | ||
| 17 | 17
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Thu 02/29 8:50 AM
PAPERLESS ORDER granting Plaintiff's16 Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss Plaintiff's Complaint. Plaintiff shall file its response in opposition on or before March 14, 2024 . Moving forward, any requests for extension or enlargement must be filed sufficiently in advance of the deadline at issue . Signed by Judge Aileen M. Cannon on 2/29/2024. (mp01) |
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utility
~Util - Set/Reset Deadlines/Hearings
Thu 02/29 8:56 AM
Reset Deadlines Per DE#17. Responses due by 3/14/2024. (cqs) |
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| Wednesday, February 28, 2024 | ||
| 16 | 16
motion
Extension of Time to File Response/Reply/Answer
Wed 02/28 2:50 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to15 MOTION TO DISMISS13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STRIKE CERTAIN IMPROPER ALLEGATIONS THEREFROM by Douglas Belleville.(Kaufman, Avi) |
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Att: 1
Text of Proposed Order
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| Thursday, February 15, 2024 | ||
| 15 | 15
30+
pgs
motion
Dismiss for Failure to State a Claim
Thu 02/15 1:33 PM
MOTION TO DISMISS13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STRIKE CERTAIN IMPROPER ALLEGATIONS THEREFROM by Florida Insurance Services, Inc.. Responses due by 2/29/2024.(Menocal, Mario) |
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Att: 1
Text of Proposed Order Order Granting Motion to Dismiss or Strike
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| Friday, February 02, 2024 | ||
| 14 | 14
order
- Order (PAPERLESS or pdf attached)
Fri 02/02 8:29 AM
PAPERLESS ORDER: In light of Plaintiff's Amended Complaint13 , Defendant's Motion to Dismiss10 Plaintiff's Complaint is denied as moot. Defendant shall file its Response/Answer to Plaintiff's Amended Complaint on or before February 15, 2024 . Signed by Judge Aileen M. Cannon on 2/2/2024. (mp01) |
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utility
~Util - Set/Reset Deadlines/Hearings
Fri 02/02 8:33 AM
Reset Deadlines Florida Insurance Services, Inc. answer due 2/15/2024. Per DE#14. (cqs) |
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| Thursday, February 01, 2024 | ||
| 13 | 13
18
pgs
cmp
Amended Complaint/Amended Notice of Removal
Thu 02/01 9:42 AM
AMENDED COMPLAINT against Florida Insurance Services, Inc., filed by Douglas Belleville.(Kaufman, Avi) |
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| Monday, January 29, 2024 | ||
| 12 | 12
order
- Order (PAPERLESS or pdf attached)
Mon 01/29 10:13 AM
PAPERLESS ORDER: The Court is in receipt of Plaintiff's Notice of Intent to Amend filed pursuant to Federal Rule of Civil Procedure 15(a)(1)(B)11 , which allows a party to amend its pleading 21 days after service of a motion under Rule 12(b). See Fed. R. Civ. P. 15(a)(1)(B). Defendant filed its Motion to Dismiss on January 11, 202410 . Accordingly, Plaintiff shall file his first Amended Complaint on or before February 2, 2024 . Signed by Judge Aileen M. Cannon 1/29/2024. (mp01) |
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utility
~Util - Set/Reset Deadlines/Hearings
Mon 01/29 10:18 AM
Reset Deadlines Per DE#12. Amended Complaint due by 2/2/2024. (cqs) |
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| Thursday, January 25, 2024 | ||
| 11 | 11
notice
Notice (Other)
Thu 01/25 10:04 AM
NOTICE of Intent to Amend Complaint by Douglas Belleville re10 MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM or to Strike Class Allegations (Kaufman, Avi) |
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| Thursday, January 11, 2024 | ||
| 10 | 10
motion
Dismiss for Failure to State a Claim
Thu 01/11 4:27 PM
MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM or to Strike Class Allegations by Florida Insurance Services, Inc.. Responses due by 1/25/2024.(Menocal, Mario) |
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Att: 1
Supplement Rule 7.1 Corporate Disclosure,
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Att: 2
Text of Proposed Order Proposed Order Granting Motion to Dismiss
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| Friday, December 22, 2023 | ||
| 9 | 9
order
Order on Motion for Leave to File
Fri 12/22 9:34 AM
PAPERLESS ORDER granting8 Defendant's Unopposed Motion for Leave to Respond Out of Time. On or before January 11, 2024, Defendant shall file an answer or response to Plaintiff's Complaint. Signed by Judge Aileen M. Cannon on 12/22/2023. (jf01) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Fri 12/22 10:03 AM
Reset Response/Answer Due Deadline: Florida Insurance Services, Inc. response/answer due 1/11/2024. PER DE#9 (cds) |
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| Thursday, December 21, 2023 | ||
| 8 | 8
motion
Leave to File Document
Thu 12/21 8:19 PM
Unopposed MOTION for Leave to File Response Out of Time by Florida Insurance Services, Inc..(Menocal, Mario) |
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Att: 1
Exhibit Declaration of Henry Stewart in Support of FIS's MTN to Respond Out of Time,
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Att: 2
Exhibit A. Kaufman email to B&S re. unopposed to MXT or proposed order,
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Att: 3
Text of Proposed Order
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| 7 | 7
order
Order on Motion for Extension of Time
Thu 12/21 10:41 AM
PAPERLESS ORDER denying without prejudice5 Defendant's Unopposed Motion for Extension of Time. Defendant's Motion does not contain a certificate of conference, as required by S.D. Fla. L.R. 7.1(a)(3), and fails to provide any basis for the extension request. |
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| Wednesday, December 20, 2023 | ||
| 6 | 6
motion
Extension of Time
Wed 12/20 4:25 PM
Unopposed MOTION for Extension of Time 20 days to respond to Complaint. re1 Complaint by Florida Insurance Services, Inc.. Responses due by 1/3/2024 (Menocal, Mario) |
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| 5 | 5
motion
Extension of Time
Wed 12/20 4:18 PM
Unopposed MOTION for Extension of Time 20 days to respond to Complaint re1 Complaint by Florida Insurance Services, Inc.. Attorney Mario Garcia Menocal added to party Florida Insurance Services, Inc.(pty:dft). Responses due by 1/3/2024 (Menocal, Mario) |
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| Thursday, November 30, 2023 | ||
| 4 | 4
service
Summons (Affidavit) Returned Executed
Thu 11/30 6:05 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Douglas Belleville. Florida Insurance Services, Inc. served on 11/29/2023, response/answer due 12/20/2023. (Coleman, Stefan) |
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| Monday, November 27, 2023 | ||
| 3 | 3
service
Summons Issued
Mon 11/27 8:29 AM
Summons Issued as to Florida Insurance Services, Inc. (nwn) |
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| Thursday, November 23, 2023 | ||
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 11/27 8:27 AM
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 Shaniek M. Maynard 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. (nwn) |
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| 1 | 1
18
pgs
cmp
Complaint
Thu 11/23 9:25 PM
COMPLAINT against Florida Insurance Services, Inc.. Filing fees $ 402.00 receipt number AFLSDC-17095322, filed by Douglas Belleville.(Coleman, Stefan) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summon(s)
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