Case Details

CourtMiddle District of Florida
Docket number8:11-cv-02269
Date case filed2011-10-06
Date case closed2013-05-06
Date of latest filing2013-12-16
Assigned toJudge James D. Whittemore
Case cause15:1692 Fair Debt Collection Act
Nature of suit480 Consumer Credit
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Richard M. Dauval
Party type: Plaintiff
Trustee for the estate of Joseph Pietro, an individual
Attorney name: Christopher Charles Nash
Attorney Contact:
Leavengood, Nash, Dauval & Boyle, PA
Suite 100
3900 First Street North
St Petersburg, FL 33703
727/347-7828
Fax: 727/327-3305
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Heather M. Fleming
Attorney Contact:
Marone Law Group, PLC
360 Central Ave Ste 1350
PO Box 3042
St Petersburg, FL 33731-3042
727/327-3328
Fax: 727/327-3305
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ian Richard Leavengood
Attorney Contact:
Leavengood, Dauval, Boyle & Meyer PA
3900 First St N Ste 100
St Petersburg, FL 33703-6109
727/327-3328
Fax: 727/327-3305
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Aaron M. Swift
Attorney Contact:
Leavengood, Nash, Dauval & Boyle, PA
Suite 100
3900 First Street North
St Petersburg, FL 33703
727/327-3328
Fax: 727/327-3305
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Preferred Collection and Management Services, Inc.
Party type: Defendant
a Florida corporation
Attorney name: Brian Matthew Bursa
Attorney Contact:
Lewis, Brisbois, Bisgaard & Smith, LLP
Suite 200
3812 Coconut Palm Dr
Tampa, FL 33619
813/739-1900
Email: [email protected]
TERMINATED: 04/16/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: J. Robert McCormack
Attorney Contact:
Ogletree Deakins Nash Smoak & Stewart, P.C.
100 N Tampa St Ste 3600
Tampa, FL 33602-5867
813-289-1247
Fax: 813-289-6530
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-10-06 ComplaintCOMPLAINT against Preferred Collection and Management Services, Inc. with Jury Demand (Filing fee $ 350 receipt number TPA-7702) filed by Richard M. Dauval. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(BES) (Entered: 10/07/2011)
1.1 Civil Cover Sheet
1.2 Exhibit A
22011-10-06 Summons issuedSummons issued as to Preferred Collection and Management Services, Inc.. (BES) (Entered: 10/07/2011)
32011-10-17 Notice of designation of track 2NOTICE of designation under Local Rule 3.05 - track 2 (AO) (Entered: 10/17/2011)
42011-10-19 Return of service executedRETURN of service executed on 10/15/11 by Richard M. Dauval as to Preferred Collection and Management Services, Inc.. (BES) (Entered: 10/19/2011)
52011-10-27 Notice (Other)NOTICE of Serving by Richard M. Dauval re 3 Notice of designation of track 2 (Leavengood, Ian) Modified on 10/27/2011 (BES). (Entered: 10/27/2011)
62011-11-04 Motion to dismissMOTION to dismiss Complaint by Preferred Collection and Management Services, Inc.. (McCormack, J.) (Entered: 11/04/2011)
72011-11-04 Answer to complaintANSWER and affirmative defenses to 1 Complaint by Preferred Collection and Management Services, Inc..(McCormack, J.) (Entered: 11/04/2011)
82011-11-09 Motion for extension of time to file response/replyUnopposed MOTION for extension of time to file response/reply as to 6 MOTION to dismiss Complaint by Richard M. Dauval. (Leavengood, Ian) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 11/09/2011)
92011-11-14 Order on motion for extension of time to file response/replyENDORSED ORDER granting 8 Motion for extension of time to file response MOTION to dismiss Complaint. Response due by 12/2/2011. Signed by Judge James D. Whittemore on 11/14/2011. (AO) (Entered: 11/14/2011)
102011-12-01 Motion for extension of time to file response/replySecond MOTION for extension of time to file response/reply as to 6 MOTION to dismiss Complaint by Richard M. Dauval. (Leavengood, Ian) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 12/01/2011)
112011-12-02 Order on motion for extension of time to file response/replyENDORSED ORDER granting 10 Motion for extension of time to file response. Responses due by 12/16/2011. Signed by Judge James D. Whittemore on 12/2/2011. (KE) (Entered: 12/02/2011)
122011-12-16 Response in opposition to motionRESPONSE in opposition re 6 MOTION to dismiss Complaint filed by Richard M. Dauval. (Leavengood, Ian) (Entered: 12/16/2011)
132011-12-20 Order on motion to dismissORDER denying 6 Motion to dismiss. Signed by Judge James D. Whittemore on 12/19/2011. (KE) (Entered: 12/20/2011)
142012-01-03 Answer to complaintANSWER and affirmative defenses to 1 Complaint to Count I by Preferred Collection and Management Services, Inc..(McCormack, J.) (Entered: 01/03/2012)
152012-01-10 Case Management ReportCASE MANAGEMENT REPORT. (Leavengood, Ian) (Entered: 01/10/2012)
162012-01-19 Case management and scheduling orderCASE MANAGEMENT AND SCHEDULING ORDER: Pretrial Conference set for 12/7/2012 at 10:00 AM; Jury Trial set for 1/7/2013 at 08:45 AM in Tampa Courtroom 13 B before Judge James D. Whittemore. Signed by Judge James D. Whittemore on 1/19/2012. (AO) (Entered: 01/19/2012)
172012-03-21 Witness listWITNESS LIST by Preferred Collection and Management Services, Inc.. (McCormack, J.) (Entered: 03/21/2012)
182012-03-27 Witness listWITNESS LIST by Richard M. Dauval. (Leavengood, Ian) (Entered: 03/27/2012)
192012-05-18 Notice of mediation conference/hearingNOTICE of mediation conference/hearing to be held on July 30, 2012 at 1:30pm before Jeffrey R. Fuller, Esq.. (Leavengood, Ian) (Entered: 05/18/2012)
202012-08-14 MEDIATION REPORT Hearing held on 07/30/12 Hearing outcome: impasse(BES) (Entered: 08/14/2012)
212012-08-28 Unopposed MOTION for extension of time to file document Dispositive Motion by Richard M. Dauval. (Leavengood, Ian) (Entered: 08/28/2012)
222012-08-28 ENDORSED ORDER granting 21 Motion for extension of time. The dispositive motion deadline is extended to September 7, 2012. Signed by Judge James D. Whittemore on 8/28/2012. (KE) (Entered: 08/28/2012)
232012-09-07 NOTICE of Filing Deposition Transcript of Chris Lowery by Richard M. Dauval (Leavengood, Ian) added relationship to 26 motion Modified on 9/10/2012 (BES). (Entered: 09/07/2012)
242012-09-07 MOTION for summary judgment by Preferred Collection and Management Services, Inc.. (Attachments: # 1 Exhibit A)(McCormack, J.) (Entered: 09/07/2012)
252012-09-07 DEPOSITION of Richard Dauval taken on 07/12/2012 re: 24 MOTION for summary judgment by Preferred Collection and Management Services, Inc..(McCormack, J.) (Entered: 09/07/2012)
262012-09-07 MOTION for summary judgment and Incorporated Memorandum of Law by Richard M. Dauval. (Attachments: # 1 Exhibit A-C)(Leavengood, Ian) (Entered: 09/07/2012)
26.1 Exhibit A-C
272012-09-21 RESPONSE in opposition re 24 MOTION for summary judgment filed by Richard M. Dauval. (Leavengood, Ian) (Entered: 09/21/2012)
282012-09-24 RESPONSE in opposition re 26 MOTION for summary judgment and Incorporated Memorandum of Law filed by Preferred Collection and Management Services, Inc.. (McCormack, J.) (Entered: 09/24/2012)
292012-10-01 MOTION for leave to file Reply by Richard M. Dauval. (Leavengood, Ian) (Entered: 10/01/2012)
302012-10-02 NOTICE of Filing Amended 3.01(g) Certification by Richard M. Dauval re 29 MOTION for leave to file Reply (Leavengood, Ian) (Entered: 10/02/2012)
312012-10-03 ENDORSED ORDER granting 29 Motion for leave to file reply. Plaintiff is granted leave to file a three (3) page reply brief within seven (7) days. Signed by Judge James D. Whittemore on 10/3/2012. (KE) (Entered: 10/03/2012)
322012-10-05 REPLY to response to motion re 26 MOTION for summary judgment and Incorporated Memorandum of Law filed by Richard M. Dauval. (Leavengood, Ian) (Entered: 10/05/2012)
332012-11-16 NOTICE of change of address by J. Robert McCormack (McCormack, J.) (Entered: 11/16/2012)
342012-11-26 ORDER granting in part and denying in part 24 Motion for summary judgment; denying 26 Motion for summary judgment. Signed by Judge James D. Whittemore on 11/26/2012. (KE) (Entered: 11/26/2012)
352012-11-30 NOTICE by Preferred Collection and Management Services, Inc. of Serving its Rule 68 Offer of Judgment (McCormack, J.) (Entered: 11/30/2012)
362012-12-04 PRETRIAL STATEMENT by Richard M. Dauval. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Leavengood, Ian) (Entered: 12/04/2012)
372012-12-05 NOTICE OF RESCHEDULING HEARING: The Pretrial Conference hearing previously scheduled for December 7, 2012 is rescheduled. New scheduling date and time: Pretrial Conference set for 12/10/2012 at 11:00 AM in Tampa Courtroom 13 B before Judge James D. Whittemore. All other dates and deadlines remain the same. (AO) (Entered: 12/05/2012)
382012-12-05 AMENDED NOTICE OF RESCHEDULING HEARING: The Pretrial Conference hearing previously scheduled for December 10, 2012 is rescheduled. New date and time: Pretrial Conference set for 12/17/2012 at 4:00 PM in Tampa Courtroom 13B before Judge James D. Whittemore. All other dates and deadlines remain the same. (KE) (Entered: 12/05/2012)
392012-12-11 TRIAL CALENDAR for trial term commencing January 7, 2013. Jury Trial set for 1/7/2013 at 08:45 AM in Tampa Courtroom 13 B before Judge James D. Whittemore. Signed by Judge James D. Whittemore on 12/10/2012. (AO) (Entered: 12/11/2012)
402012-12-14 MOTION for Lewis Brisbois to withdraw as attorney by All Defendants. (Bursa, Brian) (Entered: 12/14/2012)
412012-12-17 ENDORSED ORDER granting 40 Motion to withdraw Lewis, Brisbois, Bisgaard & Smith LLP, and substitute counsel Robert McCormack, Esq. at Ogletree Deakins. Signed by Judge James D. Whittemore on 12/17/2012. (AO) (Entered: 12/17/2012)
422012-12-17 Minute Entry. Proceedings held before Judge James D. Whittemore: PRETRIAL CONFERENCE held on 12/17/2012. Court Reporter: Linda Starr (AO) (Entered: 12/17/2012)
432012-12-17 ORDER ON PROCEDURES APPLICABLE TO CIVIL JURY TRIALS. Signed by Judge James D. Whittemore on 12/17/2012. (AO) (Entered: 12/17/2012)
442012-12-20 TRIAL CALENDAR for trial term commencing January 7, 2013. Jury Trial set for 1/7/2013 at 08:45 AM in Tampa Courtroom 13 B before Judge James D. Whittemore. Signed by Judge James D. Whittemore on 12/20/2012. (AO) (Entered: 12/20/2012)
452012-12-28 PROPOSED jury instructions by Preferred Collection and Management Services, Inc.. (McCormack, J.) (Entered: 12/28/2012)
462012-12-28 PROPOSED verdict form filed byPreferred Collection and Management Services, Inc.. (McCormack, J.) (Entered: 12/28/2012)
472012-12-31 MOTION in limine regarding to Bar Reference to Attorney's Fees and Bar Reference to Plaintiff as a Partner in Undersigned Counsel's Law Firm by Richard M. Dauval. (Nash, Christopher) (Entered: 12/31/2012)
482012-12-31 PROPOSED jury instructions and proposed verdict form by Richard M. Dauval. (Nash, Christopher) Modified on 1/2/2013 (BES). (Entered: 12/31/2012)
492013-01-07 ENDORSED ORDER directing Preferred Collection and Management Services, Inc. to respond to 47 Plaintiff's MOTION in limine. Defendant's response shall not exceed three (3) pages. Response due by 1/11/2013. Signed by Judge James D. Whittemore on 1/7/2013. (KE) (Entered: 01/07/2013)
502013-01-08 NOTICE of Hearing: Jury Trial set for 1/14/2013 at 08:45 AM in Tampa Courtroom 13 B before Judge James D. Whittemore. (AO) (Entered: 01/08/2013)
512013-01-11 Unopposed MOTION to allow electronic equipment, specifically Lenovo Think Pad, Model T420s Laptop by Preferred Collection and Management Services, Inc.. (McCormack, J.) (Entered: 01/11/2013)
522013-01-11 MEMORANDUM in opposition re 47 Motion in limine to Bar Reference to Attorneys Fees and Bar Reference to Plaintiff as a Partner in Undersigned Counsels Law Firm filed by Preferred Collection and Management Services, Inc.. (McCormack, J.) (Entered: 01/11/2013)
532013-01-11 EXHIBIT LIST by Preferred Collection and Management Services, Inc... (McCormack, J.) (Entered: 01/11/2013)
542013-01-11 WITNESS LIST by Preferred Collection and Management Services, Inc.. (McCormack, J.) (Entered: 01/11/2013)
552013-01-11 WITNESS LIST by Richard M. Dauval. (Swift, Aaron) (Entered: 01/11/2013)
562013-01-11 EXHIBIT LIST Plaintiff's Trial Exhibit List by Richard M. Dauval.. (Swift, Aaron) (Entered: 01/11/2013)
572013-01-11 ORDER granting 51 Motion to allow electronic equipment. Signed by Judge James D. Whittemore on 1/11/2013. (KE) (Entered: 01/11/2013)
582013-01-14 Minute Entry. Proceedings held before Judge James D. Whittemore: JURY SELECTION & TRIAL - DAY 1 held on 1/14/2013. Court Reporter: Linda Starr (AO) (Entered: 01/16/2013)
592013-01-14 ORAL ORDER granting in part and denying in part 47 Motion in limine. By Judge James D. Whittemore on 1/14/2013. (AO) (Entered: 01/16/2013)
602013-01-14 ORAL MOTION for directed verdict by Preferred Collection and Management Services, Inc. (AO) (Entered: 01/16/2013)
612013-01-14 ORAL ORDER denying 60 Motion for directed verdict. By Judge James D. Whittemore on 1/14/2013. (AO) (Entered: 01/16/2013)
622013-01-14 ORAL MOTION for directed verdict by Richard M. Dauval. (AO) (Entered: 01/16/2013)
632013-01-14 ORAL ORDER granting in part 62 Motion for directed verdict. By Judge James D. Whittemore on 1/14/2013. (AO) (Entered: 01/16/2013)
642013-01-14 RENEWED ORAL MOTION for directed verdict by Preferred Collection and Management Services, Inc. (AO) (Entered: 01/16/2013)
652013-01-14 ORAL ORDER denying 64 Renewed Motion for directed verdict. By Judge James D. Whittemore on 1/14/2013. (AO) (Entered: 01/16/2013)
662013-01-15 Minute Entry. Proceedings held before Judge James D. Whittemore: JURY TRIAL - DAY 2 held on 1/15/2013. Court Reporter: Dennis Miracle (AO) (Entered: 01/16/2013)
672013-01-15 JOINT TRIAL EXHIBIT LIST. (AO) (Entered: 01/16/2013)
682013-01-15 COURT'S TRIAL EXHIBIT LIST. (AO) (Entered: 01/16/2013)
692013-01-15 COURT'S JURY INSTRUCTIONS. (AO) (Entered: 01/16/2013)
702013-01-15 JURY VERDICT. (AO) (Entered: 01/16/2013)
712013-01-17 NOTICE of EXHIBITS placed in the Exhibit Room (1 Folder-Jury Trial) (RVB) (Entered: 01/17/2013)
722013-01-25 JUDGMENT in favor of Richard M. Dauval against Preferred Collection and Management Services, Inc., in the amount of $0. Signed by Deputy Clerk on 1/25/2013. (AO) (Entered: 01/25/2013)
732013-02-08 MOTION for Attorney Fees and Costs by Preferred Collection and Management Services, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McCormack, J.) (Entered: 02/08/2013)
742013-02-08 PROPOSED BILL OF COSTS by Preferred Collection and Management Services, Inc.. (McCormack, J.) (Entered: 02/08/2013)
752013-02-08 PROPOSED BILL OF COSTS Plaintiff's Proposed Bill of Costs by Richard M. Dauval. (Swift, Aaron) (Entered: 02/08/2013)
762013-02-08 MOTION for Attorney Fees Plaintiff's Motion for Attorney's Fees and Costs by Richard M. Dauval. (Attachments: # 1 Exhibit A1-A37, # 2 Exhibit B1-B2, # 3 Exhibit C1-C10, # 4 Exhibit D1-D3)(Swift, Aaron) (Entered: 02/08/2013)
772013-02-22 RESPONSE re 74 Bill of costs - proposed filed by Richard M. Dauval. (Attachments: # 1 Exhibit A-C)(Swift, Aaron) (Entered: 02/22/2013)
782013-02-22 MOTION to Alter Judgment or Alternatively, Motion for New Trial as to Statutory Damages Only by Richard M. Dauval. (Swift, Aaron) (Entered: 02/22/2013)
792013-02-22 RESPONSE in Opposition re 73 MOTION for Attorney Fees and Costs filed by Richard M. Dauval. (Attachments: # 1 Exhibit A-L)(Swift, Aaron) (Entered: 02/22/2013)
802013-02-25 RESPONSE in Opposition re 76 MOTION for Attorney Fees Plaintiff's Motion for Attorney's Fees and Costs filed by Preferred Collection and Management Services, Inc.. (McCormack, J.) (Entered: 02/25/2013)
812013-03-07 Unopposed MOTION for leave to file Reply to Defendant's Opposition to Plaintiff's Motion for Attorneys' Fees and Costs by Richard M. Dauval. (Leavengood, Ian) (Entered: 03/07/2013)
822013-03-08 RESPONSE in Opposition re 78 MOTION to Alter Judgment or Alternatively, Motion for New Trial as to Statutory Damages Only filed by Preferred Collection and Management Services, Inc.. (McCormack, J.) (Entered: 03/08/2013)
832013-03-08 ENDORSED ORDER granting in part 81 Motion for Leave to File Reply. Plaintiff may file a reply by 3/15/13. The reply shall be limited to five (5) pages, including the signature and certificate of service, and shall not contain substantive footnotes. Further, the reply may only address Plaintiff's clarification of fees and rates sought. No case law may be discussed. Signed by Judge James D. Whittemore on 3/8/2013. (KE) (Entered: 03/08/2013)
842013-03-15 REPLY to Response to Motion re 76 MOTION for Attorney Fees Plaintiff's Motion for Attorney's Fees and Costs filed by Richard M. Dauval. (Leavengood, Ian) (Entered: 03/15/2013)
852013-03-25 ORDER denying 78 Motion to Alter Judgment. Signed by Judge James D. Whittemore on 3/25/2013. (KE) (Entered: 03/25/2013)
862013-04-15 ORDER denying 76 Plaintiff's Motion for Attorney Fees; directing supplemental briefing. Signed by Judge James D. Whittemore on 4/15/2013. (KE) (Entered: 04/15/2013)
872013-04-15 Amended MOTION for Brian M. Bursa for Lewis Brisbois Bisgaard & Smith, LLP to withdraw as attorney by Preferred Collection and Management Services, Inc.. (Bursa, Brian) (Entered: 04/15/2013)
882013-04-16 ENDORSED ORDER granting 87 Motion to Withdraw as Attorney. Attorney Brian Matthew Bursa terminated. Signed by Judge James D. Whittemore on 4/16/2013. (KE) (Entered: 04/16/2013)
892013-04-30 MEMORANDUM in support re 86 Order on Motion for Attorney Fees filed by Preferred Collection and Management Services, Inc.. (McCormack, J.) (Entered: 04/30/2013)
902013-04-30 PLAINTIFF'S BRIEF re 86 Order on Motion for Attorney Fees filed by Richard M. Dauval. (Swift, Aaron) (Entered: 04/30/2013)
912013-05-01 NOTICE of Filing Amended Certificate of Service by Richard M. Dauval re 90 Brief - Plaintiff (Swift, Aaron) (Entered: 05/01/2013)
922013-05-02 ORDER denying 73 Motion for Attorney Fees. The clerk is directed to close this case. Signed by Judge James D. Whittemore on 5/2/2013. (KE) (Entered: 05/02/2013)
932013-05-03 BILL OF COSTS taxed against Plaintiff in the amount of $212.62. Signed by Deputy Clerk. (AO) (Entered: 05/03/2013)
942013-12-16 JOINT EXHIBITS: The records in this case indicate that this case was disposed of more than thirty (30) days ago. The records also indicate that the Clerk's Office is in possession of various exhibits used during the proceedings. Pursuant to Local Rule 5.04, you are notified that you have thirty (30) days for the removal of the exhibits from the custody of the Clerk's Office, or the exhibits will be destroyed, as permitted by Local Rule 5.04. (RVB) (Entered: 12/16/2013)
952013-12-16 CLERK'S certificate of destruction of COURT'S exhibits and/or exhibit substitutes (RVB) (Entered: 12/16/2013)