Harborview Realty, Inc. et al v. Fifth Third Bank, National Association
| Harborview Realty, Inc. and McGregor Real Estate, Inc. doing business as Harborview Rentals |
| Fifth Third Bank, National Association |
| 2:2021cv00942 |
| December 18, 2021 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Mac R McCoy |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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| Filing 30 NOTICE OF SELECTION of Steven V. Blount, Sr. as mediator by Fifth Third Bank, National Association. (Mahle, Jacob) |
| 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) |
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)
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| 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) |
| 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. |
| 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. |
| 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) |
| Filing 22 CASE MANAGEMENT REPORT. (Mahle, Jacob) |
| 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) |
| 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) |
| Filing 19 Plaintiff/Counter Defendant's ANSWER and affirmative defenses to Complaint /Counterclaim by Harborview Realty, Inc., McGregor Real Estate, Inc..(Herrick, Gregory) |
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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)
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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)
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| 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. |
| 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. |
| 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) |
| 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). |
| 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) |
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Filing 11
ORDER Governing Telephonic Proceedings. Signed by Magistrate Judge Mac R. McCoy on 12/22/2021. (FN)
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Filing 10
ORDER Governing Preliminary Pretrial Conference. Signed by Magistrate Judge Mac R. McCoy on 12/22/2021. (FN)
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| 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) |
| 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) |
| 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) |
| Filing 6 CIVIL Action Order Signed by All Divisional Judges on 12/21/2021. (JK) |
| 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) |
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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)
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| 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). |
| 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) |
| 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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