Alum Fund, LLC et al v. Greater Nevada Credit Union et al
| ALUM FUND, LLC, AFLX and AFLX, LLC |
| Greater Nevada Credit Union, Patrick B. Langford and Greater Nevada Commercial Lending, LLC |
| 2:2023cv01159 |
| December 8, 2023 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Kyle C Dudek |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 55 CORPORATE Disclosure Statement by Greater Nevada Commercial Lending, LLC. (Hatchette, Mya) |
| Filing 54 MOTION to Dismiss Third Amended Complaint by Greater Nevada Commercial Lending, LLC. (Hatchette, Mya) |
| Filing 53 NOTICE by Greater Nevada Credit Union re #52 Notice (Other), #51 Notice (Other), #50 Notice (Other) of Filing Clarification Regarding State Court Documents. (Dorsey, Patrick) |
| Filing 52 NOTICE by Greater Nevada Credit Union re #43 Order on Motion to Remand to State Court, #1 Notice of Removal of Filing State Court Documents [PART 3] Docket #155 - 218. (Attachments: #1 State Court Docket - Index, #2 Docket #155, #3 Docket #156, #4 Docket #157, #5 Docket #158, #6 Docket #159, #7 Docket #160, #8 Docket #161, #9 Docket #162, #10 Docket #163, #11 Docket #164 [Text Only], #12 Docket #165, #13 Docket #166, #14 Docket #167, #15 Docket #168, #16 Docket #169, #17 Docket #170 - 171 [Text Only], #18 Docket #172, #19 Docket #173, #20 Docket #174 [Text Only], #21 Docket #175, #22 Docket #176 [Text Only], #23 Docket #177, #24 Docket #178, #25 Docket #179, #26 Docket #180, #27 Docket #181, #28 Docket #182, #29 Docket #183, #30 Docket #184, #31 Docket #185, #32 Docket #186, #33 Docket #187, #34 Docket #188, #35 Docket #189, #36 Docket #190, #37 Docket #191, #38 Docket #192, #39 Docket #193, #40 Docket #194, #41 Docket #195, #42 Docket #196, #43 Docket #197, #44 Docket #198, #45 Docket #199, #46 Docket #200, #47 Docket #201, #48 Docket #202, #49 Docket #203, #50 Docket #204, #51 Docket #205 [Text Only], #52 Docket #206, #53 Docket #207 [Text Only], #54 Docket #208, #55 Docket #209, #56 Docket #210, #57 Docket #211, #58 Docket #212, #59 Docket #213 - 218 [Text Only])(Dorsey, Patrick) |
| Filing 51 NOTICE by Greater Nevada Credit Union re #43 Order on Motion to Remand to State Court, #1 Notice of Removal of Filing State Court Documents [PART 2] Docket #101-154. (Attachments: #1 State Court Docket - Index, #2 Docket #101, #3 Docket #102, #4 Docket #103, #5 Docket #104, #6 Docket #105 [Text Only], #7 Docket #106, #8 Docket #107 [Text Only], #9 Docket #108, #10 Docket #109, #11 Docket #110, #12 Docket #111, #13 Docket #112, #14 Docket #113 [Text Only], #15 Docket #114, #16 Docket #115, #17 Docket #116, #18 Docket #117 [Text Only], #19 Docket #118, #20 Docket #119 - 120 [Text Only], #21 Docket #121, #22 Docket #122, #23 Docket #123, #24 Docket #124, #25 Docket #125, #26 Docket #126, #27 Docket #127, #28 Docket #128, #29 Docket #129, #30 Docket #130, #31 Docket #131, #32 Docket #132, #33 Docket #133, #34 Docket #134, #35 Docket #135, #36 Docket #136, #37 Docket #137, #38 Docket #138, #39 Docket #139, #40 Docket #140, #41 Docket #141, #42 Docket #142, #43 Docket #143, #44 Docket #144, #45 Docket #145, #46 Docket #146, #47 Docket #147, #48 Docket #148, #49 Docket #149, #50 Docket #150, #51 Docket #151, #52 Docket #152, #53 Docket #153, #54 Docket #154)(Dorsey, Patrick) |
| Filing 50 NOTICE by Greater Nevada Credit Union re #43 Order on Motion to Remand to State Court, #1 Notice of Removal of Filing State Court Documents [PART 1] Docket #1-100. (Attachments: #1 State Court Docket - Index, #2 Docket #1 - 5 [Text Only], #3 Docket #6, #4 Docket #7, #5 Docket #8, #6 Docket #9, #7 Docket #10, #8 Docket #11, #9 Docket #12, #10 Docket #13, #11 Docket #14, #12 Docket #15, #13 Docket #16, #14 Docket #17 [Text Only], #15 Docket #18, #16 Docket #19 - 20 [Text Only], #17 Docket #21, #18 Docket #22, #19 Docket #23, #20 Docket #24, #21 Docket #25, #22 Docket #26, #23 Docket #27, #24 Docket #28, #25 Docket #29, #26 Docket #30, #27 Docket #31, #28 Docket #32, #29 Docket #33, #30 Docket #34, #31 Docket #35 [Text Only], #32 Docket #36, #33 Docket #37, #34 Docket #38, #35 Docket #39, #36 Docket #40, #37 Docket #41, #38 Docket #42, #39 Docket #43, #40 Docket #44, #41 Docket #45 [Text Only], #42 Docket #46, #43 Docket #47, #44 Docket #48, #45 Docket #49, #46 Docket #50, #47 Docket #51, #48 Docket #52 [Text Only], #49 Docket #53, #50 Docket #54, #51 Docket #55, #52 Docket #56 [Text Only], #53 Docket #57, #54 Docket #58, #55 Docket #59, #56 Docket #60, #57 Docket #61, #58 Docket #62, #59 Docket #63, #60 Docket #64, #61 Docket #65, #62 Docket #66, #63 Docket #67, #64 Docket #68, #65 Docket #69, #66 Docket #70, #67 Docket #71 [Text Only], #68 Docket #72, #69 Docket #73, #70 Docket #74, #71 Docket #75, #72 Docket #76, #73 Docket #77, #74 Docket #78, #75 Docket #79, #76 Docket #80, #77 Docket #81, #78 Docket #82, #79 Docket #83, #80 Docket #84, #81 Docket #85, #82 Docket #86, #83 Docket #87, #84 Docket #88, #85 Docket #89, #86 Docket #90, #87 Docket #91, #88 Docket #92, #89 Docket #93, #90 Docket #94, #91 Docket #95, #92 Docket #96, #93 Docket #97, #94 Docket #98, #95 Docket #99 [Text Only], #96 Docket #100)(Dorsey, Patrick) |
| Filing 49 NOTICE of Appearance by Patrick Richard Dorsey on behalf of Greater Nevada Credit Union. (Dorsey, Patrick) |
| Filing 47 THIRD AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against Greater Commercial Lending, LLC, Greater Nevada Credit Union with Jury Demand filed by Alum Fund, LLC, AFLX, LLC. (Attachments: #1 Exhibit)(Anthony, John) Modified text on 1/30/2024 (KME). |
Filing 46
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/28/2024; Joinder of Parties due by 2/28/2024; Discovery due by 2/28/2025; Dispositive motions due by 3/28/2025; Pretrial statement due by 9/12/2025; All other motions due by 9/8/2025; Plaintiff disclosure of expert report due by 11/30/2024; Defendant disclosure of expert report due by 12/30/2024; Final Pretrial Conference set for 9/26/2025 at 01:30 PM via Zoom Video Conference before Judge John L. Badalamenti; Jury Trial set for 10/1/2025 trial term in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti. Conduct mediation hearing by 3/7/2025. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 1/29/2024. (CGW) Modified on 1/31/2024 (CGW).
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| Filing 45 Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: granting 44 Joint Oral Motion for Extension of Time to File Notice of Selection of Mediator within 14 days; PRELIMINARY PRETRIAL CONFERENCE held on 1/29/2024. (Digital) (CGW) |
| Filing 44 JOINT ORAL MOTION for Extension of Time to File Notice of Selection of Mediator within 14 days by Alum Fund, LLC, Greater Nevada Credit Union. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 43
ORDER denying #34 Plaintiffs' Amended Motion to Remand to State Court. Defendant Greater Nevada Credit Union must supplement the record to include "a legible copy of each paper docketed in the state court" as required by Local Rule 1.06(b) by January 31, 2024. Signed by Magistrate Judge Kyle C. Dudek on 1/24/2024. (CGW)
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| Filing 42 NOTICE by AFLX, LLC, Alum Fund, LLC Plaintiffs' Notice Of Serving Subpoenas To Non-Parties (Anthony, John) |
| Filing 41 RESPONSE in Opposition re #34 MOTION to Remand to State Court filed by Greater Nevada Credit Union. (Hatchette, Mya) |
| Filing 40 SUMMONS issued as to Greater Commercial Lending, LLC. (LSS) |
| Filing 39 PROPOSED summons to be issued by AFLX, LLC, Alum Fund, LLC. (Anthony, John) |
| Filing 38 CASE MANAGEMENT REPORT. (Lafalce, Nicholas) |
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Filing 37
ENDORSED ORDER granting #35 Defendant's request for an extension of time to respond to the second amended complaint. Defendant must respond by 2/1/24. Signed by Magistrate Judge Kyle C. Dudek on 1/11/2024. (BLW)
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| Filing 36 Second AMENDED COMPLAINT against Greater Nevada Credit Union, Patrick B. Langford with Jury Demand. filed by Alum Fund, LLC, AFLX, LLC. (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Anthony, John) |
| Filing 35 Consent NOTICE by AFLX, LLC, Alum Fund, LLC re 30 Order (Attachments: #1 Exhibit A)(Lafalce, Nicholas) |
| Filing 34 AMENDED MOTION to Remand to State Court by AFLX, LLC, Alum Fund, LLC. (Lafalce, Nicholas) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 1/10/2024 (KME). |
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Filing 33
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #32 Plaintiff's Motion to Remand to State Court. Plaintiff must confer with opposing counsel and denote their positions with respect to the relief sought. Any renewed motion must indicate in its Rule 3.01(g) certification the manner of conferral and any agreements reached. Note that the Civil Action Order (Doc. #3 at 6-7) states that the term "confer" requires a substantive conversation in person, by telephone, or via videoconference. It does not envision an exchange of ultimatums by email or letter. Counsel who merely tries to confer has not 'conferred.'" Signed by Magistrate Judge Kyle C. Dudek on 1/9/2024. (BLW)
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| Filing 32 MOTION to Remand to State Court by AFLX, LLC, Alum Fund, LLC. (Lafalce, Nicholas) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 30
ENDORSED ORDER. For the reasons stated on the record during the status conference (Doc. 28), Plaintiffs are directed to provide Defendant Greater Nevada Credit Union a proposed amended complaint by January 5, 2024. Plaintiffs must then file the amended complaint with a consent notice under Rule 15 or otherwise move for leave to amend by January 10, 2024. Finally, by January 15, 2024, the parties must file a joint case management report. The Court will set a Rule 16 hearing following receipt of the case management report. Signed by Magistrate Judge Kyle C. Dudek on 12/27/2023. (Dudek, Kyle)
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Filing 29
ENDORSED ORDER denying as moot #27 Motion to Strike for the reasons stated during the December 27, 2023, status conference. Signed by Magistrate Judge Kyle C. Dudek on 12/27/2023. (Dudek, Kyle)
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| Filing 28 Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: STATUS CONFERENCE held on 12/27/2023. (Digital) (CGW) |
| Filing 27 MOTION to Strike or Deny without Prejudice Plaintiffs' Notices of Filing by Greater Nevada Credit Union. (Hatchette, Mya) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 26 NOTICE of Appearance by Nicholas Lafalce on behalf of AFLX, LLC, Alum Fund, LLC (Lafalce, Nicholas) |
| Filing 25 CORPORATE Disclosure Statement by Greater Nevada Credit Union. (Hatchette, Mya) |
| Filing 24 NOTICE of Appearance by Nicolas Burnosky on behalf of Greater Nevada Credit Union. (Burnosky, Nicolas) |
| Filing 23 NOTICE of hearing: Status Conference set for 12/27/2023 at 02:00 PM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Zoom instructions will be sent via separate email to counsel of record. (CGW) |
| Filing 22 NOTICE by AFLX, LLC, Alum Fund, LLC re #12 Notice (Other) of Filing of Deposition Transcripts and Exhibits of Lisa Siesennop (Attachments: #1 State Court Other Documents Notice of Filing Deposition Transcripts of Lisa Siesennop, #2 State Court Other Documents A - August 23 2023 Transcript, #3 State Court Other Documents A-1 - August 23 2023 Deposition Exhibits, #4 State Court Other Documents A-2 - August 23 2023 Deposition Exhibits, #5 State Court Other Documents A-3 - August 23 2023 Deposition Exhibits, #6 State Court Docket Sheet B - September 22 2023 Transcript, #7 State Court Other Documents B-1 - September 22 2023 Deposition Exhibits, #8 State Court Other Documents B-2 - September 22 2023 Deposition Exhibits, #9 State Court Other Documents B-3 - September 22 2023 Deposition Exhibits, #10 State Court Other Documents B-4 - September 22 2023 Deposition Exhibits, #11 State Court Other Documents B-5 - September 22 2023 Deposition Exhibits, #12 State Court Other Documents B-6 - September 22 2023 Deposition Exhibits, #13 State Court Other Documents C- October 23 2023 Transcript, #14 State Court Other Documents C-1- October 23 2023 Deposition Exhibits, #15 State Court Other Documents C-2 - October 23 2023 Deposition Exhibits, #16 State Court Other Documents C-3 - October 23 2023 Deposition Exhibits, #17 State Court Docket Sheet C-4 - October 23 2023 Deposition Exhibits, #18 State Court Other Documents C-5 - October 23 2023 Deposition Exhibits, #19 State Court Other Documents C-6 - October 23 2023 Deposition Exhibits, #20 State Court Other Documents C-7 - October 23 2023 Deposition Exhibits, #21 State Court Other Documents C-8 - October 23 2023 Deposition Exhibits, #22 State Court Other Documents C-9 - October 23 2023 Deposition Exhibits)(Anthony, John) |
| Filing 21 NOTICE of Appearance by Andrew Thomas Dixon on behalf of Greater Nevada Credit Union (Dixon, Andrew) |
| Filing 20 NOTICE of Appearance of Nicholas Burnosky Appearance by Mya M. Hatchette on behalf of Greater Nevada Credit Union (Hatchette, Mya) |
| Filing 19 NOTICE of Appearance of Andrew T. Dixon Appearance by Mya M. Hatchette on behalf of Greater Nevada Credit Union (Hatchette, Mya) |
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Filing 18
TEXT ORDER denying #13 The Plaintiffs' Time Sensitive Request for Expedited Oral Argument on Pending Motion for Summary Judgment (the "Oral Argument Request"). The Oral Argument Request indicates that a summary judgment motion was fully briefed in state court and that the parties were each prepared to argue that motion on December 11, 2023. (Doc. 13 at 8). Plaintiffs ask that the Court schedule a one-hour hearing on their summary judgment motion prior to December 31, 2023. (Id. at 5). The Oral Argument Request seems to imply (but does not specifically request) that this Court should also rule on Plaintiffs' summary judgment motion prior to December 31, 2023 to avoid loss of a permit, which Plaintiffs state is set to expire on December 31, 2023 and "if lost, will be exorbitantly expensive to reacquire." (Id. at 2). While the Court is sympathetic to Plaintiffs' position, the Oral Argument Request does not present an emergency that requires the immediate attention of the judiciary, such as when "a person's life is in danger, a family is about to be thrown out of its home, or a ruinous calamity is about to descend upon the community at large." See Onward Healthcare, Inc. v. Runnels, No. 6:12-cv-508-ORL-37, 2012 WL 1259074, at *2 n.3 (M.D. Fla. Apr. 13, 2012). Accordingly, the Oral Argument Request is denied. Signed by Judge John L. Badalamenti on 12/12/2023. (RHG)
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| Filing 17 NOTICE of Filing Documents in Support of Plaintiffs' Summary Judgment Motion by AFLX, LLC, Alum Fund, LLC re #12 Notice (Attachments: #1 Exhibit 1 - Notice of Filing R. Plaza Affidavit and Exhibits, #2 Exhibit 2 - Notice of Abandonment of Assets, #3 Exhibit 3 - Plaintiffs' First Request for Production of Documents to Defendants, #4 Exhibit 4 - Plaintiffs' First Set of Interrogatories to Defendants, #5 Exhibit 5 - Plaintiffs' First Request for Admissions to Defendants, #6 Exhibit 6 - Motion to Extend Time To Respond to Discovery, #7 Exhibit 7 - Motion to Compel Discovery Responses, #8 Exhibit 8 - GNCU Notice of Serving First Set of Interrogatories to Plaintiffs and Set of Interrogatories, #9 Exhibit 9 - Plaintiffs' Notice of Filing Responses to GNCU's First Set of Interrogatories, Interrogatory Responses, #10 Exhibit 10 - Plaintiffs' Notice of Filing Materials Related to Summary Judgment Scheduling Hearing, #11 Exhibit 11 - Notice of Filing Deposition Transcript of J. Gilpin, #12 Exhibit 12 - Plaintiffs' Motion to Strike Affidavits of Sprung and Martz, #13 Exhibit 13 - Plaintiffs' Emergency Motion to Set Summary Judgment Hearing, #14 Exhibit 14 - Plaintiffs' Motion for Partial Reconsideration of Compel Order, #15 Exhibit 15 - GNCU's Notice of Filing Deposition Transcript of B. Sprung, #16 Exhibit 16 - GNCU's Response in Opposition to Summary Judgment Motion, #17 Exhibit 17 - Notice of Filing Hearing Transcripts, #18 Exhibit 18 - Notice of Filing Deposition Transcript of E. Astrup, #19 Exhibit 19 - Notice of Filing Exhibits to the Deposition of J. Gilpin, #20 Exhibit 20 - Notice of Filing S. Anderson Affidavit)(Anthony, John) Modified on 12/13/2023 (SPM). |
| Filing 16 NOTICE of a related action per Local Rule 1.07(c) by Greater Nevada Credit Union. Related case(s): No (Hatchette, Mya) |
| Filing 15 NOTICE of a related action per Local Rule 1.07(c) by AFLX, LLC, Alum Fund, LLC. Related case(s): Yes (Anthony, John) |
| Filing 14 CORPORATE Disclosure Statement by AFLX, LLC, Alum Fund, LLC. (Anthony, John) |
| Filing 13 Time Sensitive REQUEST for oral argument re #12 Notice (Other) by AFLX, LLC, Alum Fund, LLC. (Anthony, John) |
| Filing 12 NOTICE by AFLX, LLC, Alum Fund, LLC of filing Plaintiffs' Motion for Summary Judgment and Attached Exhibits (Attachments: #1 State Court Other Documents Plaintiffs' Verified Motion for Summary Judgment and Attached Exhibits)(Anthony, John) |
| Filing 11 NOTICE of Lead Counsel Designation by Mya M. Hatchette on behalf of Greater Nevada Credit Union. Lead Counsel: Mya M. Hatchette. (Hatchette, Mya) |
| Filing 10 NOTICE TO COUNSEL Mya M. Hatchette of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) |
| Filing 9 MOTION to Dismiss, ANSWER and affirmative defenses to #8 Amended Complaint by Greater Nevada Credit Union. Filed in State court on 5/22/2023.(AJS) |
| Filing 8 AMENDED COMPLAINT against Greater Nevada Credit Union, Patrick B. Langford with Jury Demand. filed by Alum Fund, LLC, AFLX, LLC. Filed in State court on 5/7/2023(AJS) |
| Filing 7 NOTICE of Appearance by Cameryn Rebecca Lackey on behalf of AFLX, ALUM FUND, LLC (Lackey, Cameryn) |
| Filing 6 NOTICE of Lead Counsel Designation by John A. Anthony on behalf of AFLX, ALUM FUND, LLC. Lead Counsel: John A. Anthony. (Anthony, John) |
| Filing 5 NOTICE of Appearance by Andrew James Ghekas on behalf of AFLX, ALUM FUND, LLC (Ghekas, Andrew) |
| Filing 4 NOTICE of hearing: Preliminary Pretrial Conference set for 1/29/2024 at 09:30 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 1/17/2024. Zoom instructions will be sent via separate email to counsel of record. (CGW) |
| Filing 3 CIVIL Action Order. Signed by All Divisional Judges on 12/11/2023. (CGW) |
| Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-1159-JLB-KCD. (AA) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 20th Judicial Circuit, Hendry County, FL, case number 2023-CA-220 filed in State Court on 3/23/23. Filing fee $405, receipt number AFLMDC-21544364 filed by Greater Nevada Credit Union. (Attachments: #1 State Court AMENDED COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Hatchette, Mya) Modified on 12/11/2023 to edit docket text (AJS). |
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