Harborview Realty, Inc. et al v. Fifth Third Bank, National Association
Plaintiff: Harborview Realty, Inc. and McGregor Real Estate, Inc. doing business as Harborview Rentals
Counter Defendant: Fifth Third Bank, National Association
Case Number: 2:2021cv00942
Filed: December 18, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: John L Badalamenti
Referring Judge: Kyle C Dudek
2 Judge: Mac R McCoy
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2023 Opinion or Order Filing 55 ORDER denying #53 Motion to Extend Time in the Third Amended Case Management Order for the Discovery Deadline and Dispositive Motions Deadline. Signed by Magistrate Judge Kyle C. Dudek on 10/25/2023. (CGW)
October 20, 2023 Filing 54 RESPONSE in Opposition re #53 AMENDED MOTION to Extend Time re: #42 Third Amended Case Management Scheduling Order for the Discovery Deadline and Dispositive Motions Deadline filed by Fifth Third Bank, National Association. (Attachments: #1 Exhibit A - McGregor Depo Excerpts, #2 Exhibit B - Holm Depo Excerpts)(Mahle, Jacob)
October 6, 2023 Filing 53 AMENDED MOTION to Extend Time re: #42 Third Amended Case Management Scheduling Order for the Discovery Deadline and Dispositive Motions Deadline by Harborview Realty, Inc., McGregor Real Estate, Inc. (Attachments: #1 Exhibit Plaintiff's First Set of Interrogatories to Defendant, #2 Exhibit Defendant's Responses to Plaintiff's First Set of Interrogatories, #3 Exhibit compilation of emails, #4 Exhibit compilation of emails, #5 Exhibit Plaintiff's Second RFP to Defendant)(Cambs, Peter) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 10/6/2023 (BD).
October 5, 2023 Opinion or Order Filing 52 ENDORSED ORDER denying as moot #43 Motion for Extension of Time to Complete Discovery given Plaintiff's request to file an amended motion seeking the same relief. Signed by Magistrate Judge Kyle C. Dudek on 10/5/2023. (Dudek, Kyle)
October 5, 2023 Opinion or Order Filing 51 ENDORSED ORDER granting #50 Motion for Leave to Assert an Amended Motion to Extend Deadlines and Reset the Briefing Schedule. Given the request is unopposed, and the Court otherwise finding good cause, Plaintiff may file an amended motion to replace Doc. 43. Signed by Magistrate Judge Kyle C. Dudek on 10/5/2023. (Dudek, Kyle)
October 5, 2023 Filing 50 Unopposed MOTION to Amend #43 MOTION to Extend the Discovery Deadlines and Dispositive Motion Deadlines by Harborview Realty, Inc., McGregor Real Estate, Inc.. (Attachments: #1 Exhibit)(Cambs, Peter) Motions referred to Magistrate Judge Kyle C. Dudek.
October 5, 2023 Opinion or Order Filing 49 ENDORSED ORDER denying #46 Motion for Oral Argument. The Court will set oral argument after briefing on the merits is complete if it finds such a proceeding will benefit the decisional process. Signed by Magistrate Judge Kyle C. Dudek on 10/5/2023. (Dudek, Kyle)
October 3, 2023 Opinion or Order Filing 48 ORDER denying without prejudice #44 Plaintiffs' Motion to Compel. Signed by Magistrate Judge Kyle C. Dudek on 10/3/2023. (CGW)
October 3, 2023 Filing 47 NOTICE TO COUNSEL Justin Bailey of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (BD)
October 3, 2023 Filing 46 REQUEST for oral argument re #43 MOTION to Extend the Discovery Deadlines and Dispositive Motion Deadlines, #44 MOTION to Compel Additional Deposition and Responses from Defendant to First Set of Interrogatories and Requests for Production by Harborview Realty, Inc., McGregor Real Estate, Inc. (Cambs, Peter) Modified text on 10/4/2023 (MCB).
October 3, 2023 Filing 45 Updated NOTICE of Appearance by Peter James Cambs, Sr on behalf of Harborview Realty, Inc., McGregor Real Estate, Inc. (Cambs, Peter) Modified text on 10/3/2023 (BD).
October 2, 2023 Filing 44 MOTION to Compel Additional Deposition and Responses from Defendant to First Set of Interrogatories and Requests for Production by All Plaintiffs. (Cambs, Peter) Motions referred to Magistrate Judge Kyle C. Dudek.
October 2, 2023 Filing 43 MOTION to Extend the Discovery Deadlines and Dispositive Motion Deadlines by All Plaintiffs. (Cambs, Peter) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 10/3/2023 (BD).
September 27, 2023 Opinion or Order Filing 42 THIRD AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/30/2023; Dispositive motions due by 10/28/2023; Pretrial statement due by 4/12/2024; All other motions due by 4/8/2024; Final Pretrial Conference set for 4/26/2024 at 01:30 PM via Zoom Video Conference before Judge John L. Badalamenti; Bench Trial set for 5/1/2024 at 09:00 AM in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti. Conduct mediation hearing by 10/7/2023. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 9/27/2023. (CGW)
September 27, 2023 Opinion or Order Filing 41 ORDER granting #40 Motion to Correct Case Management Order. The Clerk is directed to denote this matter as a bench trial. The Court will separately issue a new scheduling order (with the same dates) that also reflects the change. Signed by Magistrate Judge Kyle C. Dudek on 9/27/2023. (CGW)
September 27, 2023 Filing 40 Unopposed MOTION to Correct #37 Case Management Scheduling Order by Fifth Third Bank, National Association. (Mahle, Jacob) Motions referred to Magistrate Judge Kyle C. Dudek.
June 30, 2023 Opinion or Order Filing 39 ENDORSED ORDER striking #38 Plaintiffs' Initial Disclosures as improperly filed discovery material. See Fed. R. Civ. P. 5(d)(1)(A); Middle District Discovery Handbook (2021) at Section I.C.1. The Clerk is directed to strike the filing and indicate on the docket that it was stricken by this Order. Further, future filings must comply with the typography requirements of Local Rule 1.08 and include the correct case number. Signed by Magistrate Judge Kyle C. Dudek on 6/30/2023. (BLW)
June 30, 2023 Filing 38 STRICKEN PER ORDER SEE DOC. 39 NOTICE by Harborview Realty, Inc., McGregor Real Estate, Inc. Plaintiff's Rule 26(a)(2) Disclosures (Cambs, Peter) Modified on 7/3/2023 (LAB).
March 20, 2023 Opinion or Order Filing 37 SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/30/2023; Dispositive motions due by 10/28/2023; Pretrial statement due by 4/12/2024; All other motions due by 4/8/2024; Plaintiff disclosure of expert report due by 7/1/2023; Defendant disclosure of expert report due by 8/1/2023; Final Pretrial Conference set for 4/26/2024 at 01:30 PM via Zoom Video Conference before Judge John L. Badalamenti; Jury Trial set for 5/1/2024 trial term in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti. Conduct mediation hearing by 10/7/2023. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 3/20/2023. (CGW)
March 17, 2023 Opinion or Order Filing 36 ENDORSED ORDER granting #35 Motion for Extension of Time. Given the parties' agreement, and the Court otherwise finding good cause, the remaining discovery deadlines are extended by 90-days. As this will impact the trial calendar, a separate scheduling order will follow. The parties are hereby advised that further modifications to the discovery period will not be granted absent good cause given the extensions already allowed. The remaining discovery period should be diligently used. Signed by Magistrate Judge Kyle C. Dudek on 3/17/2023. (Dudek, Kyle)
March 17, 2023 Filing 35 Joint MOTION for Extension of Time to Complete Discovery by Fifth Third Bank, National Association. (Mahle, Jacob) Motions referred to Magistrate Judge Kyle C. Dudek.
January 3, 2023 Opinion or Order Filing 34 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 6/30/2023; Dispositive motions due by 7/28/2023; Pretrial statement due by 1/12/2024; All other motions due by 1/8/2024; Plaintiff disclosure of expert report due by 4/1/2023; Defendant disclosure of expert report due by 5/1/2023; Final Pretrial Conference set for 1/26/2024 at 01:30 PM in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti; Jury Trial set for 2/5/2024 trial term in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti. Conduct mediation hearing by 7/7/2023. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 1/3/2023. (CGW)
December 30, 2022 Opinion or Order Filing 33 ENDORSED ORDER granting #32 Motion for Extension of Time. Given the parties' agreement, and the Court otherwise finding good cause, the remaining discovery deadlines are extended by 60-days. As this will impact the trial calendar, a separate scheduling order will follow. Signed by Magistrate Judge Kyle C. Dudek on 12/30/2022. (Dudek, Kyle)
December 29, 2022 Filing 32 Joint MOTION for Extension of Time to Serve Expert Disclosures by Fifth Third Bank, National Association, Harborview Realty, Inc., McGregor Real Estate, Inc. (Cambs, Peter) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 12/30/2022 (SEH).
July 1, 2022 Filing 31 Case Reassigned to U.S. Magistrate Judge Kyle C Dudek. New case number: 2:21-cv-942-JLB-KCD. Magistrate Judge Mac R. McCoy no longer assigned to the case. (LMF)
March 1, 2022 Filing 30 NOTICE OF SELECTION of Steven V. Blount, Sr. as mediator by Fifth Third Bank, National Association. (Mahle, Jacob)
February 15, 2022 Filing 29 NOTICE of a related action per Local Rule 1.07(c) by Harborview Realty, Inc., McGregor Real Estate, Inc. Related case(s): No (Herrick, Gregory)
February 15, 2022 Opinion or Order Filing 27 CASE MANAGEMENT AND SCHEDULING ORDER: Rule 26(a)(1) Mandatory Initial Disclosures to be exchanged by 2/21/2022; Motions to add or join parties or amend pleadings due by 6/30/2022; Plaintiff disclosure of expert report due by 12/29/2022; Defendant disclosure of expert report due by 2/1/2023; Rebuttal of expert report by 3/1/2023; Discovery due by 3/29/2023; Dispositive motions due by 6/5/2023; Final Pretrial meeting by 9/29/2023; Motions in Limine due by 10/6/2023; Joint Final Pretrial statement due by 10/13/2023; Final Pretrial Conference set for 10/27/2023 at 01:30 PM before Judge John L. Badalamenti; and Jury Trial term set for 11/1/2023 before Judge John L. Badalamenti. Conduct mediation hearing by 4/12/2023. Lead counsel to coordinate dates. Signed by Magistrate Judge Mac R. McCoy on 2/15/2022. (FN)
February 15, 2022 Filing 26 Minute Entry for Telephonic Proceedings held before Magistrate Judge Mac R. McCoy: granting 24 Oral Motion by Plaintiff for Extension of Time to File Notice of Related Action by 2/18/2022; granting 25 Oral Motion for Extension of Time to File selection of Court Certified Mediator within 14 days. PRELIMINARY PRETRIAL CONFERENCE held on 2/15/2022. (Digital) (FN)
February 15, 2022 Filing 25 ORAL MOTION for Extension of Time to File Selection of Court Certified Mediator within 14 days. (FN) Motions referred to Magistrate Judge Mac R. McCoy.
February 15, 2022 Filing 24 ORAL MOTION by Plaintiff for Extension of Time to File Notice of Related Action by 2/18/2022. (FN) Motions referred to Magistrate Judge Mac R. McCoy.
February 14, 2022 Filing 23 NOTICE of a related action per Local Rule 1.07(c) by Fifth Third Bank, National Association. Related case(s): No (Walton, Victor)
February 7, 2022 Filing 22 CASE MANAGEMENT REPORT. (Mahle, Jacob)
February 7, 2022 Filing 21 CERTIFICATE of interested persons and corporate disclosure statement by Fifth Third Bank, National Association identifying Corporate Parent Fifth Third Bancorp for Fifth Third Bank, National Association, Fifth Third Bank, National Association. (Mahle, Jacob)
February 7, 2022 Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #6 Civil Action Order by Harborview Realty, Inc., McGregor Real Estate, Inc. identifying Corporate Parent Harborview Realty, Inc. for Harborview Realty, Inc., McGregor Real Estate, Inc. (Herrick, Gregory)
February 3, 2022 Filing 19 Plaintiff/Counter Defendant's ANSWER and affirmative defenses to Complaint /Counterclaim by Harborview Realty, Inc., McGregor Real Estate, Inc..(Herrick, Gregory)
January 28, 2022 Opinion or Order Filing 18 ORDER granting #16 Unopposed Motion for Admission to Appear Pro Hac Vice. The Clerk of Court is directed to add Jacob D. Mahle to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Jacob D. Mahle must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Jacob D. Mahle must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 1/28/2022. (McCoy, Mac)
January 28, 2022 Opinion or Order Filing 17 ORDER granting #15 Unopposed Motion for Admission to Appear Pro Hac Vice. The Clerk of Court is directed to add Victor A. Walton, Jr. to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Victor A. Walton, Jr. must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Victor A. Walton, Jr. must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 1/28/2022. (McCoy, Mac)
January 28, 2022 Filing 16 MOTION for Jacob D. Mahle to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19171504 for $150 by All Defendants. (Quesada, Emilia) Motions referred to Magistrate Judge Mac R. McCoy.
January 28, 2022 Filing 15 MOTION for Victor A. Walton, Jr. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19171449 for $150 by All Defendants. (Quesada, Emilia) Motions referred to Magistrate Judge Mac R. McCoy.
January 14, 2022 Filing 14 ANSWER and affirmative defenses to #5 Complaint , COUNTERCLAIM against Fifth Third Bank, National Association by Fifth Third Bank, National Association.(Quesada, Emilia) Modified on 1/18/2022, Counsel notified to use full case number on future filings. (SPB)
January 7, 2022 Filing 13 NOTICE of Lead Counsel Designation on behalf of Harborview Realty, Inc., McGregor Real Estate, Inc. Lead Counsel: Peter J Cambs. (Cambs, Peter) Modified on 1/10/2022, Counsel notified to use full case number on pleadings. (SPB).
December 27, 2021 Filing 12 NOTICE of Lead Counsel Designation by Emilia A. Quesada on behalf of Fifth Third Bank, National Association. Lead Counsel: Emilia A. Quesada. (Quesada, Emilia)
December 22, 2021 Opinion or Order Filing 11 ORDER Governing Telephonic Proceedings. Signed by Magistrate Judge Mac R. McCoy on 12/22/2021. (FN)
December 22, 2021 Opinion or Order Filing 10 ORDER Governing Preliminary Pretrial Conference. Signed by Magistrate Judge Mac R. McCoy on 12/22/2021. (FN)
December 22, 2021 Filing 9 NOTICE of hearing: Telephonic Preliminary Pretrial Conference set for 2/15/2022 at 10:30 AM before Magistrate Judge Mac R. McCoy. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. Notwithstanding any prior Order of the Court, the parties must jointly file a Case Management Report on the approved form no later than 2/7/2022. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held. (FN)
December 21, 2021 Filing 8 NOTICE to counsel Peter Cambs; Emilia A. Quesada of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (JK)
December 21, 2021 Filing 7 NOTICE 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. (Signed by Deputy Clerk). (JK)
December 21, 2021 Filing 6 CIVIL Action Order Signed by All Divisional Judges on 12/21/2021. (JK)
December 21, 2021 Filing 5 COMPLAINT against Fifth Third Bank, National Association filed by Harborview Realty, Inc., McGregor Real Estate, Inc. filed in STATE COURT on 11/19/2021.(JK)
December 20, 2021 Opinion or Order Filing 4 TEXT ORDER granting #3 Defendant Fifth Third's Unopposed Motion for Enlargement of Time to Respond to Plaintiffs' Complaint and striking [3-1] Defendant Fifth Third's Notice of Unavailability. Defendant Fifth Third's Unopposed Motion for Enlargement of Time to Respond to Plaintiffs' Complaint is granted to the extent it seeks an extension of time to respond to Plaintiffs' Complaint. Defendant Fifth Third Bank, National Association must respond to Plaintiffs' Complaint (Doc. #1) no later than 1/14/2022. However, the Court strikes [3-1] Defendant Fifth Third's Notice of Unavailability. Under the new local rules, counsel may not file a "notice of unavailability." See M.D. Fla. R. 3.08(c). The Clerk of Court is directed to strike Defendant Fifth Third's Notice of Unavailability (Doc. [3-1]) and to indicate on the docket that the filing is stricken by this Order. Signed by Magistrate Judge Mac R. McCoy on 12/20/2021. (CM)
December 20, 2021 Filing 3 Unopposed MOTION for Extension of Time to File Answer by Fifth Third Bank, National Association. Exhibit STRICKEN pursuant to Order 4. (Attachments: #1 Exhibit Defendant Fifth Third's Notice of Unavailability) (Quesada, Emilia) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 12/21/2021, to add details per doc.4. (SPB).
December 20, 2021 Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Mac R. McCoy. New case number: 2:21-cv-0942-JLB-MRM. (SJB)
December 18, 2021 Filing 1 COMPLAINT and NOTICE OF REMOVAL from 20th Judicial Circuit Court, in and for Collier County, Florida, case number 11-2021-CA-002710-0001-XX filed in State Court on 11/19/21. Filing fee $ 402, receipt number AFLMDC-19043329 filed by Fifth Third Bank, National Association. (Attachments: #1 State Court COMPLAINT State Court Complaint with Exhibits, #2 State Court Docket Sheet State Court Docket Sheet, #3 State Court Other Documents State Court - Other Documents, #4 Civil Cover Sheet Civil Cover Sheet)(Quesada, Emilia)

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Search for this case: Harborview Realty, Inc. et al v. Fifth Third Bank, National Association
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Plaintiff: Harborview Realty, Inc.
Represented By: Peter Cambs
Represented By: Peter James Cambs, Sr
Represented By: Callie Frey
Represented By: Justin Bailey
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Plaintiff: McGregor Real Estate, Inc. doing business as Harborview Rentals
Represented By: Peter Cambs
Represented By: Peter James Cambs, Sr
Represented By: Callie Frey
Represented By: Justin Bailey
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Counter defendant: Fifth Third Bank, National Association
Represented By: Emilia A. Quesada
Represented By: Jacob D. Mahle
Represented By: Victor A. Walton
Represented By: Victor A. Walton, Jr
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