PNC Bank National Association v. Orchid Group Investments, L.L.C. et al
| PNC Bank National Association |
| John P. Arnold , Jr., Orchid Group Investments, L.L.C., Lynne W. Washburn, Kristen Flaharty and Patrick Flaharty |
| 2:2013cv00012 |
| January 8, 2013 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| Lee |
| Sheri Polster Chappell |
| Unassigned Judge |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Negotiable Instrument |
| None |
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The following documents for this case are available for you to view or download:
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Filing
137
ORDER re 135 Stipulation of Dismissal filed by Patrick Flaharty, Kristen Flaharty. Defendants Patrick Flaharty and Kristen Flaharty and Cross-Defendants Lynne W. Washburn and John P. Arnold, Jr.'s Stipulation of Dismissal 135 is GRANTED. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate any pending deadlines and hearings, and close the file. Signed by Judge Sheri Polster Chappell on 1/16/2015. (LMF)
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Filing
128
ORDER granting 126 Motion for Taxation of Costs. Defendants' are taxed costs and expenses totaling $3,089.15. Signed by Judge Sheri Polster Chappell on 10/2/2014. (LMF)
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Filing
124
ORDER granting 122 Plaintiff PNC Bank, National Association's Unopposed Motion for Appointment of Master to Conduct Foreclosure Sale. a. Philip J. von Kahle of Michael Moecker & Associates, 3613 North 29th Ave., Hollywood, Florida 33020, is appointed as master (the "Master") to conduct the foreclosure sale in accordance with the Final Judgment of Foreclosure on a date and time to be determined by the Master not less than ninety (90) days from the date of the judgment. b. Upo n receiving the bid amount from the purchaser of the property, the Master shall deposit any proceeds of the sale with the Clerk of this Court and shall file a report of sale with the Court, stating the date of the sale, the name and address of the wi nning bidder, the amount of the bid, the proceeds, if any, deposited with the Clerk, and the Master's fees and costs, which sale is subject to confirmation by the Court.c. Upon confirmation of the sale by the Court, the Master shall be authorize d to convey to the purchaser a Certificate of Title or Deed, which shall be recorded in the public records of Lee County, Florida. d. Unless otherwise ordered, upon confirmation of the sale by the Court, and conveyance to the purchaser of the Certif icate of Title or Deed, the Master shall be discharged without further order of the Court. The Master may apply to the Court for further instructions if needed. (2) The Clerk shall add Philip J. von Kahle to the docket as a Special Master (sm:pty) to receive copies of future filings and Orders, and send a copy of this Order and the Final Judgment of Foreclosure to the Special Master. Signed by Judge Sheri Polster Chappell on 8/14/2014. (LMF)
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Filing
120
ORDER granting 93 Plaintiff PNC Bank, National Association's Renewed Motion for Summary Judgment. a. Plaintiff is awarded damages against Defendants, jointly and severally, in the form of unpaid principal and interest under the 2011 Promissor y Note and the 2011 Commercial Guaranties in the amount of $5,010,266.51 together with prejudgment interest in the amount of $1,865.39 per day from June 11, 2014 through the date of final judgment as well as expenses, court costs, and attor neys' fees to be determined post-judgment. b. Plaintiff shall file a proposed order on entry of final judgment of foreclosure in favor of Plaintiff and against Defendants on or before August 8, 2014. An order to conduct a foreclosure sale of t he real property encumbered by the mortgage, generally referenced as twenty (20) acres in Cape Coral, Florida located on the Northeast corner of Pine Island Road and Corbett Road, is appropriate. Thus, the parties shall file a motion for appointment of master to conduct foreclosure sale on or before August 15, 2014. The Clerk of the Court shall maintain the three (3) promissory notes Plaintiff surrendered to the Court on or about July 25, 2014, with the finance records pending cancellation. De fendants Kristen Flaharty and Patrick Flaharty's Motion to Strike Kurt Knaus Affidavit 102 is DENIED. Plaintiff's Unopposed Renewed Motion for Separate Trial on Defendants Kristen Flaharty and Patrick Flaherty's Crossclaim 96 is D ENIED as moot. Given the parties' statements at the final pretrial conference held before the undersigned on August 1, 2014, the parties shall advise the Court as to the status of Defendants Kristen Flaharty and Patrick Flaherty's cross-cla ims against Defendants Lynne Washburn and John Arnold, Jr. within thirty (30) days from the entry of final judgment. Defendants Kristen Flaharty and Patrick Flaharty's Motion in Limine 110 is DENIED as moot.. Signed by Judge Sheri Polster Chappell on 8/6/2014. (LMF)
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Filing
88
ORDER amending Case Management and Scheduling Order.The Clerk is directed to amend the deadlines on the docket accordingly. Plaintiff, PNC Bank's Unopposed Motion to Separate Trial on Defendants, Kirsten Flaharty and Patrick Flaharty's Cro ssclaim (Doc. #71) is DENIED without prejudice to be refiled if appropriate after discovery closes and closer to the trial date. Plaintiff, PNC Bank, National Association's Motion for Reconsideration of Order Denying PNC's Motion for Summary Judgment (Doc. #81) is DENIED as the Court is allowing additional discovery and the refiling of summary judgment motions. Signed by Judge Sheri Polster Chappell on 2/21/2014. (LMF)
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Filing
80
ORDER defers consideration 71 of Plaintiff, PNC Bank's Unopposed Motion for Separate Trial on Defendants, Kristen Flaharty and Patrick Flaharty's Crossclaim. Defendants Washburn and Arnold are directed to inform the Court as to their position regarding the instant Motion by noon on Thursday, February 20, 2014. Signed by Judge Sheri Polster Chappell on 2/18/2014. (LMF)
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Filing
78
ORDER denying 59 Plaintiff PNC Bank's Motion for Final Summary Judgment; denying without prejudice 73 Flaharty Defendants' Motion to Strike the "Second Knaus Affidavit". Signed by Judge Sheri Polster Chappell on 2/13/2014. (LMF)
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Filing
56
ORDER. The Parties shall advise the Court no later than November 26, 2013, as to the status of the mediation. Signed by Judge Sheri Polster Chappell on 11/19/2013. (LMF)
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Filing
55
ORDER re status conference. The mediation deadline shall be extended to NOVEMBER 11, 2013. The mediation conference shall be held with Robert Doyle, mediator, at Hahn, Loeser, Parks, LLC, located at 2352 E First Street, Fort Myers, FL. The parties shall advise the Court of the outcome of the mediation pursuant to the dictates of Local Rule 9.06. Signed by Judge Sheri Polster Chappell on 9/30/2013. (LMF)
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Filing
52
ORDER granting 51 Plaintiff, PNC Bank, National Association's Motion for Status Conference. The Court will set a Status Conference hearing for Monday, September 30, 2013, at 10:00 AM in Fort Myers Courtroom 5 D before the undersigned. If any Party wishes to appear by telephone, they must contact Leslie Friedmann at (239) 461-2068 for instructions. The September 30, 2013 mediation deadline is VACATED. All other scheduling deadlines remain. (See Doc. #49). The Parties are directed to prese nt their availability for mediation along with their preferred mediator's availability to opposing counsel(s) no later than Friday, September 27, 201 to ensure that the dates can be discussed at the conference. The Clerk is directed to issue a notice of hearing. Signed by Judge Sheri Polster Chappell on 9/25/2013. (LMF)
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Filing
36
ORDER dismissing 1 the Complaint without prejudice for lack of subject matter jurisdiction. Plaintiff may file an Amended Complaint on or before July 2, 2013. Failure to file an Amended Complaint within the specified time will result in dismissal of the entire matter for lack of subject matter jurisdiction without further notice, denying as moot 33 Report and Recommendations, the Clerk's Default 22 issued on March 11, 2013, is hereby set aside, denying 30 the Motion for Default Judgment is against Orchid Group Investments, LLC. The Clerk of the Court is directed to terminate all pending motions and cancel any scheduled deadlines. Signed by Judge Sheri Polster Chappell on 6/12/2013. (LMF)
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Filing
21
ORDER granting 20 Plaintiff's Motion for Entry of Clerk's Default Against Defendant Orchid Group Investments, L.L.C. The Clerk is directed to enter Clerk's default against Defendant Orchid Group Investments, L.L.C. Signed by Magistrate Judge Sheri Polster Chappell on 3/8/2013. (LMF)
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