ABPAYMAR, LLC v. The Bank of New York Mellon
| ABPAYMAR, LLC as Trustee for 1944 WOODCUT DRIVE LAND TRUST and ABPAYMAR, LLC |
| The Bank of New York Mellon and The Bank of New York |
| 2:2021cv00080 |
| January 29, 2021 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 |
| Plaintiff |
Docket Report
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| Filing 33 JUDGMENT ( Signed by Deputy Clerk) (RMT) |
Filing 32
ORDERED: Plaintiff's Motion to Vacate Endorsed Order Striking Notice of Voluntary Dismissal Without Prejudice (Doc. #31) is GRANTED. The Court's Order (Doc. 30) is VACATED. This action is DISMISSED without prejudice. The Clerk is DIRECTED to enter judgment, deny any pending motions as moot, terminate all deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 3/4/2021. (AEH)
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| Filing 31 MOTION to Vacate 30 Order Striking Notice of Voluntary Dismissal by ABPAYMAR, LLC. (Blanchard, Jake) |
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Filing 30
ENDORSED ORDER striking Plaintiff's Notice of Voluntary Dismissal Without Prejudice (Doc. #29). Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action voluntarily before the opposing party serves either an answer or a motion for summary judgment. Here, Defendant filed an Answer (Doc. #5). So Plaintiff's Notice is ineffective. PTA-FLA, Inc. v. ZTE USA, Inc., 844 F.3d 1299, 1307 (11th Cir. 2016). For that reason, the Court strikes it from the docket. Signed by Judge Sheri Polster Chappell on 3/3/2021. (KRH) VACATED PURSUANT TO DOC #32 Modified on 3/5/2021 (RMT).
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| Filing 29 NOTICE of voluntary dismissal by ABPAYMAR, LLC (Blanchard, Jake) STRICKEN PURSUANT TO DOC 30 Modified on 3/4/2021 (RMT). |
| Filing 28 RESPONSE in Opposition re #17 MOTION to Remand to State Court and Memorandum of Law filed by The Bank of New York Mellon. (Kohn, Joseph) |
| Filing 27 RESPONSE in Opposition re #25 MOTION to Quash Service of Process MOTION to Vacate Clerk's Default filed by ABPAYMAR, LLC. (Blanchard, Jake) |
| Filing 26 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 4/22/2021 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 6/22/2021 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 6/8/2021. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 21080. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) |
| Filing 25 MOTION to Quash Service of Process , MOTION to Vacate Clerk's Default by The Bank of New York Mellon. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Kohn, Joseph) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 24 AFFIDAVIT of of Lazenby Letters by ABPAYMAR, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Blanchard, Jake) |
| Filing 23 NOTICE by ABPAYMAR, LLC of Broward Case (Attachments: #1 Exhibit)(Blanchard, Jake) |
| Filing 22 NOTICE by ABPAYMAR, LLC of BONYM Service Challenges (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Blanchard, Jake) |
| Filing 21 NOTICE by ABPAYMAR, LLC of BONYM Court Filings (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Blanchard, Jake) |
| Filing 20 AFFIDAVIT of of Darrin Mish by ABPAYMAR, LLC. (Attachments: #1 Exhibit)(Blanchard, Jake) |
| Filing 19 NOTICE by ABPAYMAR, LLC of BONYM SEC Filings (Attachments: #1 Exhibit, #2 Exhibit)(Blanchard, Jake) |
| Filing 18 NOTICE by ABPAYMAR, LLC of BONY Annual Reports from 1995-2020 (Attachments: #1 Exhibit)(Blanchard, Jake) |
| Filing 17 MOTION to Remand to State Court by ABPAYMAR, LLC. (Blanchard, Jake) |
| Filing 16 NOTICE of hearing: Preliminary Pretrial Conference set for 4/22/2021 at 10:15 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 3/15/2021. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 21080. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) |
| Filing 15 CORPORATE Disclosure Statement by The Bank of New York Mellon identifying Corporate Parent The Bank of New York Mellon Corporation for The Bank of New York Mellon.. (Kohn, Joseph) |
| Filing 14 NOTICE of Appearance by Jake C. Blanchard on behalf of ABPAYMAR, LLC (Blanchard, Jake) |
| Filing 13 NOTICE TO COUNSEL of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (AEH) |
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Filing 12
CIVIL ACTION ORDER. See order for Court deadlines and directives. Signed by Judge Sheri Polster Chappell, Judge John Badalamenti, Judge John E. Steele, Judge Mac R. McCoy and Judge Nicholas P. Mizell on 2/3/2021.(AEH)
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Filing 11
ENDORSED ORDER terminating #4 Motion to Quash Service of Process, Motion to Vacate Clerk's Default and Default Final Judgment, and Motion to Transfer Venue; #6 Motion for Final Summary Judgment After Default; and #7 Motion for Clerk's Default. Under new Local Rule 1.06(c), "[a] motion pending in state court and not re-filed within twenty-one days after removal and in compliance with these rules is denied without prejudice." These motions were pending in state court and are not made in compliance with the rules governing federal court proceedings. The parties have leave to renew their motions, if appropriate, in compliance with the applicable Federal Rules of Civil Procedure and new Local Rules within twenty-one days from the date of this Order. Signed by Magistrate Judge Nicholas P. Mizell on 2/2/2021. (brh)
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| Filing 10 Case Reassigned to Judge Sheri Polster Chappell. New case number: 2:21-cv-80-FtM-38NPM. Judge John L. Badalamenti no longer assigned to the case. (LMF) |
| Filing 9 Disregard entry, entered in error. ORDER reassigning this case (RMT) Modified on 2/2/2021 (LMF). |
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Filing 8
ORDER. Pursuant to Local Rule 1.07(a)(2)(A), the undersigned transfers this matter to the Honorable Sheri Polster Chappell, with her consent, for all further purposes. The Clerk of Court is DIRECTED to REASSIGN this case to U.S. District Judge Sheri Polster Chappell. Signed by Judge John L. Badalamenti on 2/1/2021. (NM)
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| Filing 7 MOTION for Clerk's Default against The Bank of New York Mellon by ABPAYMAR, LLC. (RMT) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 6 MOTION for Final Summary Judgment after Default by ABPAYMAR, LLC. (RMT) |
| Filing 5 ANSWER and affirmative defenses to #3 Complaint by The Bank of New York Mellon.(RMT) |
| Filing 4 MOTION to Quash service of process, motion to vacate clerk's default, motion to transfer venue, opposition to motion for summary judgment, and motion to continue January 5, 2021 hearing by The Bank of New York Mellon. (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, #11 Exhibit K, #12 Exhibit L)(RMT) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 3 COMPLAINT against The Bank of New York Mellon with Jury Demand filed by ABPAYMAR, LLC.(RMT) |
| Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:21-cv-00800-JLB-NPM. (SJB) Modified on 2/1/2021 to correct docket text(SJB). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 12 JUDICIAL CIRCUIT, case number 2020-CA-000461 filed in State Court on 11/06/2020. Filing fee $ 402, receipt number 113A-17828115 filed by The Bank of New York Mellon. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 State Court COMPLAINT, #5 State Court Pending Motions, #6 State Court Docket Sheet, #7 Civil Cover Sheet)(Kohn, Joseph) |
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