Berlinger et al v. Wells Fargo, N.A. as Successor to Wachovia Bank, N.A.
| Stacey Sue Berlinger, Brian Bruce Berlinger and Heather Anne Berlinger |
| Wells Fargo, N.A. as Successor to Wachovia Bank, N.A. |
| 2:2011cv00459 |
| August 19, 2011 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| Collier |
| Sheri Polster Chappell |
| Charlene E. Honeywell |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
585
ORDER granting in part and denying in part 575 Motion for Taxation of Costs. The Clerk shall tax costs in favor of defendant in the amount of $20,657.59. Signed by Judge John E. Steele on 9/15/2016. (RKR)
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Filing
571
OPINION AND ORDER The Court finds that plaintiffs have failed to establish by a preponderance of the evidence that Wells Fargo, N.A. breached any of its fiduciary duties to plaintiffs in connection with the investment of funds from the Rosa Trust in the Banyan Property. Judgment will therefore be entered in favor of defendant Wells Fargo, N.A. and against plaintiffs Stacey Sue Berlinger, Brian Bruce Berlinger, and Heather Anne Berlinger as to the remaining portions of Counts I and II. Judg ment shall enter in favor of defendant Wells Fargo, N.A. and against plaintiffs Stacey Sue Berlinger, Brian Bruce Berlinger, and Heather Anne Berlinger as to those portions of Counts I and II upon which summary judgement was granted in the prior Opin ion and Order (Doc. # 492 ) and as to Count III pursuant to the dismissal in the prior Opinion and Order (Doc. # 220 ). The Clerk of Court's is directed to terminate all remaining deadlines and close the file. Signed by Judge John E. Steele on 2/25/2016. (SLU)
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Filing
544
OPINION AND ORDER granting 496 Motion to Strike Jury Demand. Plaintiffs' jury demand for the remaining portion of the case is stricken. Signed by Judge John E. Steele on 1/27/2016. (RKR)
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Filing
539
ORDER granting 537 Well Fargo Bank, N.A.'s Unopposed Motion to Revalidate Trial Subpoenas. See Order for details. Signed by Magistrate Judge Carol Mirando on 1/25/2016. (ANW)
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Filing
521
OPINION AND ORDER overruling 340 Objections to Magistrate Judge's Order. Signed by Judge John E. Steele on 12/22/2015. (RKR)
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Filing
520
ORDER denying as moot 470 Motion to Strike Affirmative Defenses; denying 455 Motion to take judicial notice; denying 457 Motion to take judicial notice; denying as moot 483 Motion to Strike Memorandum in Opposition; denying 504 Motion to Strike Exhibit Lists. Signed by Judge John E. Steele on 12/21/2015. (RKR)
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Filing
511
OPINION AND ORDER denying 494 Plaintiffs' Motion for Reconsideration; denying 495 Wells Fargo's Motion for Reconsideration; and denying 500 Wells Fargo's Motion for Leave to File Reply. See Opinion and Order for details. Signed by Judge John E. Steele on 12/8/2015. (MAW)
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Filing
492
OPINION AND ORDER denying 358 Third Party Defendant, Bruce D. Berlinger's Motion for Summary Judgment; denying 360 Plaintiffs' Motion for Summary Judgment; granting 362 Third Party Defendant, Sue Casselberry's Motion for Summa ry Judgment; granting in part and denying in part 363 Third Party Plaintiff, Wells Fargo Bank N.A.'s Motion for Final Summary Judgment against Third Party Defendants Bruce D. Berlinger and Sue Casselberry; and granting in part and denying in p art 364 Defendant Wells Fargo Bank, N.A.'s Motion for Final Summary Judgment against Plaintiffs. See Opinion and Order for details. The Clerk shall defer the entry of final judgment pending the disposition of plaintiffs' remaining claims. The pretrial deadlines and trial term set forth in 464 the Court's August 25, 2015 Order will be discussed, and modified if necessary, at the October 19, 2015 Status Conference. Signed by Judge John E. Steele on 10/16/2015. (MAW)
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Filing
424
OPINION AND ORDER granting in part and denying in part 392 motion to dismiss. The motion is granted as to Count III, and that count is dismissed without prejudice. The motion is otherwise denied. Signed by Judge John E. Steele on 7/21/2015. (RKR)
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Filing
403
ORDER denying 394 Plaintiffs' Motion for Reconsideration. Signed by Magistrate Judge Carol Mirando on 5/19/2015. (ANW)
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Filing
357
OPINION AND ORDER adopting and incorporating 341 Report and Recommendations; overruling 346 Objections; denying 269 Motion for Leave to File Third Amended Complaint. Signed by Judge John E. Steele on 1/26/2015. (RKR)
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Filing
342
OPINION AND ORDER denying as moot 327 Motion for Leave to File Reply; granting 260 Motion to dismiss and Count I is dismissed without prejudice; granting 261 Motion to Dismiss and Count II of the Amended Counterclaim is dismissed without prej udice; granting 275 Motion to dismiss and Count I is dismissed without prejudice; granting 305 Motion for leave to amend to the extent that Sue Casselberry may file a Second amended Counterclaim and/or Cross Clim within 21 days of this Opinion and Order. Signed by Judge John E. Steele on 12/15/2014. (RKR)
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Filing
334
ORDER denying 286 Plaintiffs' Motion for Leave to Take Continued Deposition of William Ries; granting 293 Defendant Sue Casselberry's Motion for Protective Order; denying 294 Plaintiffs' Motion to Compel Deposition Answers; deny ing 295 Plaintiffs' Motion to Deem Plaintiffs' Requests for Admissions to Defendant Admitted; denying 297 Plaintiffs' Motion to Compel Response to Plaintiffs' Fourth Request for Production; denying 301 Third Party Defendant Bruce D. Berlinger's Motion to Compel Responses to Third Party Defendant's Interrogatories and Second Interrogatories to Defendant Wells Fargo Bank N.A. Signed by Magistrate Judge Carol Mirando on 11/26/2014.(ALB) Modified on 11/26/2014 (ALB).
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Filing
296
ORDER re 287 Compliance notice filed by Sue Casselberry, 292 Objection, 291 Objection, 283 Notice (Other) filed by Brian Bruce Berlinger, Stacey Sue Berlinger, Heather Anne Berlinger, 285 Compliance notice filed by Wells Fargo, N.A . as Successor to Wachovia Bank, N.A. The parties' request to extend the mediation deadline is GRANTED. Mediation deadline is extended until November 17, 2014. Plaintiffs' request to attend mediation telephonically is DENIED. All parties to this lawsuit, including Plaintiffs, shall be in attendance at the mediation scheduled for November 17, 2014. Signed by Magistrate Judge Carol Mirando on 11/6/2014. (BLW)
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Filing
281
ORDER denying as moot 242 Motion for Extension of Time to Complete Discovery; denying 243 Plaintiffs' Motion for Leave to Expand Scope of Second Deposition of Linda LaVay; denying 244 Plaintiffs' Motions for Leave to Take Second Depo sition of Thomas Craven; denying 245 Plaintiffs' Motions for Leave to Take Second Deposition of Bernard Destafney; granting in part 255 Plaintiffs' Amended and Updated Second Motion for Extension of Time Pursuant to Rule 6(b) of the Fed eral Rules of Civil Procedure with Updated Good Faith Conference Clarification; denying 263 Wells Fargo Bank, N.A.'s Motion for Protective Order; granting 273 Plaintiffs' Motion to Extend Time for Compliance with Court Order dated Octob er 7, 2014; denying as moot 278 Motion for Protective Order; granting in part 279 Linda LaVay's Amended Motion Seeking Protective Order under Federal Rule 26(c) Preventing Further/Continuing Deposition of Non-Litigant Fact Witness. On or before November 5, 2014, the parties shall inform the Court as to the status of the court-ordered mediation. Signed by Magistrate Judge Carol Mirando on 10/31/2014. (BLW)
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Filing
234
ORDER denying 192 , 193 , 194 , 195 Plaintiffs' Motions for Sanctions; denying 208 Plaintiffs' Motion to Compel Discovery Responses and for Payment of Fees Pursuant to Federal Rule of Civil Procedure 37; denying 225 Plaintiffs' Motion for Leave to File Reply to Defendant Wells Fargo Bank, N.A.'s Memorandum in Opposition to Plaintiffs' Motion for Sanctions. Signed by Magistrate Judge Carol Mirando on 9/24/2014. (BLW)
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Filing
220
OPINION AND ORDER granting in part and denying in part 97 Motion to Dismiss. The motion is granted as to Count III, which is dismissed without prejudice, and is otherwise denied. Paragraphs 34 and 47 will be corrected to read: "Plaintiff re-alleges Paragraphs 1-9 as set forth fully herein." Signed by Judge John E. Steele on 9/9/2014. (RKR)
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Filing
218
ORDER granting in part and denying in part 172 Plaintiffs' Motion to Compel Production of Documents Found in Privilege Log or, in the Alternative, an In Camera Inspection of Documents Found in Privilege Log. On or before September 15, 2014, Wells Fargo shall produce the documents as set forth in this Order. Signed by Magistrate Judge Carol Mirando on 9/8/2014. (BLW)
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Filing
197
ORDER denying 190 Defendant Wells Fargo N.A.'s Motion for Reconsideration; granting 190 Defendant's Motion for Leave to File Sur-Reply to Plaintiffs' Reply to Wells Fargo's Response to Plaintiffs' Motion to Compel. On or before August 22, 2014, Defendant shall file a surreply not to exceed seven pages. Signed by Magistrate Judge Carol Mirando on 8/19/2014. (BLW)
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Filing
196
OPINION AND ORDER denying 96 Motion to dismiss third party complaint. Signed by Judge John E. Steele on 8/18/2014. (RKR)
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Filing
169
ORDER granting in part and denying in part 166 Plaintiffs' Unopposed Motion to Seal. See Order for further instructions. Signed by Magistrate Judge Carol Mirando on 6/16/2014. (BLW)
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Filing
92
OPINION AND ORDER denying 70 Joint Motion to Dismiss Counts I and Count II of Defendant Wells Fargo Bank N.A.'s Third Party Complaint. See Opinion and Order for details. Signed by Judge John E. Steele on 9/12/2013. (AAA)
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Filing
91
OPINION AND ORDER granting in part and denying in part 29 Defendant Wells Fargo Bank, N.A.'s Motion to Dismiss and Motion to Strike Plaintiffs' Amended Complaint. Counts III and IV of 25 the First Amended Complaint are dismissed withou t prejudice. Plaintiffs may file a second amended complaint setting forth all of their claims within twenty-one days of this Opinion and Order. If no second amended complaint is filed within twenty-one days, the case will proceed on Counts I and II. See Opinion and Order for details. Signed by Judge John E. Steele on 9/3/2013. (AAA)
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Filing
87
OPINION AND ORDER overruling 80 Bruce D. Berlinger's Objections to Magistrate's Decision on Motion for Disqualification of Amy S. Rubin, Esq. and the Law Firm of Fox Rothschild; denying 76 Wells Fargo Bank, N.A.'s Motion for Sanctions Pursuant to Federal Rule of Civil Procedure 11 and Florida Statute Sec. 57.105. See Opinion and Order for details. Signed by Judge John E. Steele on 7/26/2013. (AAA)
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Filing
85
OPINION AND ORDER overruling 67 Plaintiffs' Objections to Magistrate's Decision on Motion for Disqualification of Amy S. Rubin, Esq. and the Law Firm of Fox Rothschild. See Opinion and Order for details. Signed by Judge John E. Steele on 7/15/2013. (AAA)
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Filing
83
ORDER OF TRANSFER. This cause is transferred to the Honorable John E. Steele for all further proceedings, with his consent. Signed by Judge Sheri Polster Chappell on 6/11/2013. (LMF)
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Filing
81
ORDER denying without prejudice 50 Plaintiffs' Motion to Quash Defendants Issued to Ruben A. Doupe Subpoena to Produce Documents, Information, or Objects, or to Permit Inspection of Premises in a Civil Action. Signed by Magistrate Judge Sheri Polster Chappell on 1/25/2013. (LMF)
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Filing
73
ORDER denying as moot 63 Wells Fargo Bank, N.A.'s Motion for Enlargement of Time to File Revised Case Management Report Pursuant to Court's Order of April 19, 2012 as this matter has been stayed. (See Doc. #72). The Parties shall file a joint revised case management report within 20 days of the Courts ruling on the Motion to Disqualify. Signed by Magistrate Judge Sheri Polster Chappell on 5/9/2012. (LMH)
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Filing
55
ORDER granting 49 Plaintiffs' Emergency Motion to Stay Proceedings, to Quash Notices of Deposition, and Protective Order. The Parties are directed to submit a new joint case management report with new proposed dates that will govern the remainder of this action within 10 days of the Courts ruling on the Motion to Disqualify. Signed by Magistrate Judge Sheri Polster Chappell on 3/20/2012. (LMH)
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Filing
45
ORDER granting in part and denying in part 34 The Plaintiffs Stacy Sue Berlinger a.k.a. Stacy O'Conner, Brian Bruce Berlinger, and Heather Anne Berlinger's Motion to Compel the Defendant to Provide Better Responses to Plaintiffs' In terrogatories. The Plaintiffs Stacy Sue Berlinger a.k.a. Stacy OConner, Brian Bruce Berlinger, and Heather Anne Berlinger's Motion to Compel Interrogatories 2, 3, 4, 5, 6, 7, 8, 9, and 21(a) and (b) is due to be GRANTED. The Plaintiffs Stacy Su e Berlinger a.k.a. Stacy O'Conner, Brian Bruce Berlinger, and Heather Anne Berlinger's Motion to Compel Interrogatories 10, 11, 12, 13, 17, 18, 19, 20, 22, and 23 is DENIED. The Defendant Wells Fargo has up to and including March 21, 2012, to file full and complete answers to Interrogatories 2, 3, 4, 5, 6, 7, 8, 9, and 21(a) and (b). Signed by Magistrate Judge Sheri Polster Chappell on 3/1/2012. (LMH)
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Filing
44
PROTECTIVE ORDER OF CONFIDENTIALITY. Signed by Magistrate Judge Sheri Polster Chappell on 2/28/2012. (LMH)
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