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Shelton v. CSG Solutions Consulting LLC

United States District Court, M.D. Florida, Orlando Division

July 3, 2019

JAMES EVERETT SHELTON, Plaintiff,
v.
CSG SOLUTIONS CONSULTING LLC and CARLOS SINENCIO GUERRERO,, Defendants.

          REPORT AND RECOMMENDATION

          LESLIE R. HOFFMAN, UNITED STATES MAGISTRATE JUDGE

         TO THE UNITED STATES DISTRICT COURT:

         This cause came on for consideration without oral argument on the following motions filed herein:

         MOTION: NOTICE OF RECEIVERSHIP & STAY OF THIS ACTION AGAINST DEFENDANT CARLOS SINENCIO GUERRERO (Doc. No. 42)

         FILED: June 27, 2019

         THEREON it is RECOMMENDED that the motion be GRANTED.

         MOTION: PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT PER RULE 55(B)(2) (Doc. No. 40)

         FILED: April 10, 2019

         THEREON it is RECOMMENDED that the motion be DENIED WITHOUT PREJUDICE.

         I. BACKGROUND.

         As relevant to the resolution of the above-styled motions, on March 1, 2019, Plaintiff James Everett Shelton filed an amended complaint against Defendants CSG Solutions Consulting LLC and Carlos Sinencio Guerrero. Doc. No. 33. He alleges that Defendants collectively violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (“TCPA”). Id. at 21-25. Defendants failed to timely respond to the amended complaint, and Plaintiff obtained Clerk's defaults against them. Doc. No. 39. On April 10, 2019, Plaintiff filed a Motion for Default Judgment Per Rule 55(B)(2) against both Defendants. Doc. No. 40. That motion remains pending.

         On June 27, 2019, Plaintiff filed a Notice of Receivership & Stay of this Action Against Defendant Carlos Sinencio Guerrero. Doc. No. 42. The Notice of Receivership addresses another case pending before this Court: Federal Trade Commission v. First Choice Horizon LLC, et al., No. 6:19-cv-1028-Orl-40LRH (M.D. Fla. June 3, 2019) (“the Receivership Case”). In the Receivership Case, the Federal Trade Commission (“FTC”) brought suit against several named corporate and individual Defendants, including Carlos S. Guerrero, a/k/a Carlos Sinencio Guerrero, d/b/a CSG Solutions. Id. at Doc. No. 1. The FTC alleges that the named Defendants violated the Federal Trade Commission Act and the Consumer Fraud and Abuse Prevention Act by engaging in “a telemarketing scheme that defrauds financially distressed and often older adult consumers by selling a bogus credit card interest rate reduction service.” Id. at 2.

         On June 3, 2019, United States District Judge Byron issued a Temporary Restraining Order (“TRO”) against the named Defendants. Id. at Doc. No. 12. The parties thereafter stipulated to the entry of a preliminary injunction. Id. at Doc. No. 24. On June 27, 2019, Judge Byron issued the Stipulated Preliminary Injunction. Id. at Doc. No. 28. Both the TRO and the Stipulated Preliminary Injunction provide:

         XIX. ...


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