Dello Russo v. Fifth Third Bank
Plaintiff: Dello Russo and Robert G. Dello Russo
Defendant: Fifth Third Bank
Case Number: 6:2015cv00052
Filed: January 13, 2015
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: Seminole
Presiding Judge: Anne C Conway
Referring Judge: Gregory J Kelly
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 20, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2016 Filing 36 MANDATE of USCA as to #33 Notice of appeal filed by Robert G. Dello Russo Issued as Mandate: 1/20/16 USCA number: 15-13300. Re: #35 Opinion. AFFIRMED. (LAK)
December 22, 2015 Filing 35 OPINION of USCA as to #33 Notice of appeal filed by Robert G. Dello Russo. EOD: 12/55/15; Mandate to issue at a later date. USCA number: 15-13300. AFFIRMED. (LAK)
October 29, 2015 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #33 Notice of appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 15-13300-F (IGC)
July 22, 2015 Filing 34 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #33 Notice of appeal. (MAA) (MAA).
July 22, 2015 APPEAL FEES paid by Robert G. Dello Russo (Filing fee $505 receipt number ORL-45682) Balance due $0 (SWT)
July 21, 2015 Filing 33 NOTICE OF APPEAL as to #29 Order on Motion to StrikeOrder on motion to dismiss by Robert G. Dello Russo. Filing fee not paid. (Byrd, Tucker)
July 20, 2015 Filing 32 NOTICE (of Withdrawal of Request for Attorneys' Fees contained in #20 motion to dismiss amended complaint) by Fifth Third Bank. (Johnson, Daniel) Modified on 7/21/2015 (MAA).
June 30, 2015 Opinion or Order Filing 31 ORDER granting #30 Motion for Extension of Time to File motion for attorneys' fees and costs. Signed by Chief Judge Anne C. Conway on 6/30/2015. (Conway, Anne)
June 29, 2015 Filing 30 AGREED MOTION for Extension of Time until July 17, 2015 to File Motion for Attorneys' Fees and Costs and Memorandum of Law in Support by Fifth Third Bank. (Johnson, Daniel) Text modified on 6/30/2015 (RDO).
June 26, 2015 Opinion or Order Filing 29 ORDER denying as moot #19 Motion to Strike ; granting #20 Motion to Dismiss. Plaintiff Robert G. Dello Russo's Amended Complaint (Doc. No. 15) is DISMISSED with prejudice. Fifth Third shall file any motion for attorney's fees under the Guaranty on or before July 10, 2015. The Clerk is directed to CLOSE this case. Signed by Chief Judge Anne C. Conway on 6/26/2015. (SR) (ctp)
May 15, 2015 Filing 28 NOTICE of supplemental authority re #23 Response in Opposition to Motion, #20 MOTION to Dismiss Amended Complaint With Prejudice and Supporting Memorandum of Law , #27 Reply to Response to Motion (Fifth Third Bank's Notice of Supplemental Authority With Respect to its Pending Motion to Dismiss Amended Complaint With Prejudice) by Fifth Third Bank. (Attachments: #1 Exhibit A)(Johnson, Daniel)
April 8, 2015 Filing 27 REPLY to Response to #25 MOTION for leave to file Leave to Reply to Plaintiff's Opposition to Fifth Third's Motion to Dismiss and Supporting Memorandum of Law filed by Fifth Third Bank. (Johnson, Daniel) Text modified on 4/9/2015 (RDO).
April 1, 2015 Opinion or Order Filing 26 ORDER granting in part #25 Motion for Leave to File Reply not to exceed 5 pages. Signed by Chief Judge Anne C. Conway on 4/1/2015. (Conway, Anne)
March 30, 2015 Filing 25 MOTION for leave to file Leave to Reply to Plaintiff's Opposition to Fifth Third's Motion to Dismiss and Supporting Memorandum of Law by Fifth Third Bank. (Johnson, Daniel)
March 23, 2015 Filing 24 RESPONSE in Opposition re #19 MOTION to Strike Plaintiff's Demand for Jury Trial and Supporting Memorandum of Law filed by Robert G. Dello Russo. (Byrd, Tucker)
March 23, 2015 Filing 23 RESPONSE in Opposition re #20 MOTION to Dismiss Amended Complaint With Prejudice and Supporting Memorandum of Law filed by Robert G. Dello Russo. (Byrd, Tucker)
March 12, 2015 Filing 22 NOTICE of mediation conference/hearing to be held on 8/19/2015 9:00am before Rick Joyce. (Byrd, Tucker)
March 5, 2015 Filing 21 UNOPPOSED REQUEST for the Court to Take Judicial Notice and supporting Memorandum of Law by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Johnson, Daniel) Text modified on 3/6/2015 (RDO).
March 5, 2015 Filing 20 MOTION to Dismiss Amended Complaint With Prejudice and Supporting Memorandum of Law by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Johnson, Daniel)
March 5, 2015 Filing 19 MOTION to Strike Plaintiff's Demand for Jury Trial and Supporting Memorandum of Law by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Johnson, Daniel)
February 27, 2015 Filing 18 CASE REFERRED to Mediation. (SR)
February 27, 2015 Opinion or Order Filing 17 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/10/2015, Joinder of Parties due by 4/10/2015, Discovery due by 2/29/2016, Dispositive motions due by 4/1/2016, Pretrial statement due by 8/15/2016, All other motions due by 5/2/2016, Plaintiff disclosure of expert report due by 11/20/2015, Defendant disclosure of expert report due by 1/22/2016, Jury Trial set for trial term commencing 10/3/2016 at 09:00 AM. Conduct mediation hearing by 5/16/2016. Lead counsel to coordinate dates. Signed by Chief Judge Anne C. Conway on 2/27/2015. (SR)
February 23, 2015 Filing 16 CASE MANAGEMENT REPORT. (Byrd, Tucker)
February 13, 2015 Filing 15 AMENDED COMPLAINT against Fifth Third Bank with Jury Demand. filed by Robert G. Dello Russo.(Byrd, Tucker)
January 29, 2015 Set/reset deadlines/hearings: Amended complaint due by 2/13/2015 (MAA)
January 29, 2015 Opinion or Order Filing 14 ORDER granting #13 Defendant's Amended Agreed Motion for Extension of Time to Respond to Complaint Based Upon Plaintiff's Agreement to Amend Complaint. Plaintiff shall file his amended complaint on or before February 13, 2015, and Defendant shall file its response to the amended complaint within twenty (20) calendar days after the amended complaint is filed. Signed by Magistrate Judge Gregory J. Kelly on 1/29/2015. (MDH)
January 29, 2015 Filing 13 AMENDED AGREED MOTION for Extension of Time to File Response/Reply as to #2 Complaint and Memorandum of Law in Support) by Fifth Third Bank. (Johnson, Daniel) Motions referred to Magistrate Judge Gregory J. Kelly. Text modified on 1/29/2015 (RDO).
January 28, 2015 Filing 12 NOTICE of pendency of related cases re #4 Related case/interested persons/ECF-2 per Local Rule 1.04(d) by Robert G. Dello Russo. Related case(s): yes (Byrd, Tucker)
January 28, 2015 Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #4 Related case/interested persons/ECF-2 by Robert G. Dello Russo. (Byrd, Tucker)
January 28, 2015 Filing 10 MOTION for Extension of Time to File Response/Reply as to #2 Complaint (Defendant's Agreed Motion for Extension of Time to Respond to Complaint Based Upon Plaintiff's Agreement to Amend Complaint and Memorandum of Law in Support) by Fifth Third Bank. (Johnson, Daniel) Motions referred to Magistrate Judge Gregory J. Kelly.
January 21, 2015 Set/reset deadlines/hearings: for Fifth Third Bank. Answer due by 2/4/2015. (RDO)
January 20, 2015 Opinion or Order Filing 9 ORDER granting #6 Unopposed Motion for Extension of Time to File Response to Complaint. Response due by 2/4/2015. Signed by Magistrate Judge Gregory J. Kelly on 1/20/2015. (PAB)
January 16, 2015 Filing 8 NOTICE by Fifth Third Bank re #4 Related case/interested persons/ECF-2 (Certificate of Service) (Johnson, Daniel)
January 16, 2015 Filing 7 NOTICE of pendency of related cases re #4 Related case/interested persons/ECF-2 per Local Rule 1.04(d) by Fifth Third Bank. Related case(s): yes (Johnson, Daniel)
January 16, 2015 Filing 6 MOTION for Extension of Time to 2/4/15 to File Response/Reply as to #2 Complaint (Defendant's Agreed Motion for Extension of Time in Which to Respond to Complaint and Memorandum of Law in Support) by Fifth Third Bank. (Johnson, Daniel) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 1/20/2015 (MAA).
January 16, 2015 Filing 5 CERTIFICATE of interested persons and corporate disclosure statement re #4 Related case/interested persons/ECF-2 by Fifth Third Bank. (Attachments: #1 Exhibit Attachment)(Johnson, Daniel)
January 14, 2015 Opinion or Order Filing 4 RELATED CASE ORDER, NOTICE OF DESIGNATION under Local Rule 3.05-Track 2, INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing. Notice of pendency of other actions due by 1/28/2015. Certificate of interested persons and corporate disclosure statement due by 1/28/2015. Signed by Chief Judge Anne C. Conway on 1/14/2015. (SR) (ctp)
January 13, 2015 Filing 3 NOTICE of acceptance of service on 1/5/15 by Fifth Third Bank. (originally filed in state court on 1/6/15) (LAK)
January 13, 2015 Filing 2 COMPLAINT against Fifth Third Bank with Jury Demand filed by Robert G. Dello Russo. (Attachments: #1 Civil cover sheet) (originally filed in state court on 12/5/14)(LAK)
January 13, 2015 Filing 1 NOTICE OF REMOVAL from Seminole County Circuit Court, case number 2014-CA-3223-11B-W filed in State Court on 12/5/14. Filing fee $ 400, receipt number ORL-040449 filed by Fifth Third Bank. (Attachments: #1 State court documents, #2 Civil cover sheet)(LAK)

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Plaintiff: Dello Russo
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Plaintiff: Robert G. Dello Russo
Represented By: Scottie McPherson
Represented By: Tucker H. Byrd
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Defendant: Fifth Third Bank
Represented By: Alan Michael Grunspan
Represented By: Daniel C. Johnson
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