Rubin v. Merrill Lynch, Pierce, Fenner & Smith Incorporated
Plaintiff: Mark Rubino and Mark Rubin
Defendant: Bank Of America NA, Bank of America National Association and Merrill Lynch, Pierce, Fenner & Smith Incorporated
Case Number: 3:2022cv01100
Filed: October 11, 2022
Court: US District Court for the Middle District of Florida
Presiding Judge: Brian J Davis
Referring Judge: Joel B Toomey
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 5, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2022 Filing 17 NOTICE of Filing Supplement to Local Rule 3.01(g) Certification by Merrill Lynch, Pierce, Fenner & Smith Incorporated re #16 MOTION to Compel Arbitration and Stay Proceeding and Incorporated Memorandum of Law (Olin, Keith) (Modified on 12/6/2022 to edit docket text) (JDR).
November 29, 2022 Filing 16 MOTION to Compel Arbitration and Stay Proceeding and Incorporated Memorandum of Law by Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Exhibit A - Executed Client Relationship Agt IRA Edge XXX-X5P15, #2 Exhibit B - Executed Client Relationship Agt CMA Edge XXX-X5N96, #3 Exhibit C - Traditional IRA Disclosure, #4 Exhibit D - Merrill Lynch Self-Directed Investing Client Relationship Agt, #5 Exhibit E - Executed Client Relationship Agt IRA Edge XXX-X0S72)(Olin, Keith) Motions referred to Magistrate Judge Joel B. Toomey.
November 29, 2022 Filing 15 MOTION to Compel Arbitration and Stay Proceeding and Incorporated Memorandum of Law by Bank of America National Association. (Attachments: #1 Exhibit A - Executed Client Relationship Agt IRA Edge XXX-X5P15, #2 Exhibit B - Executed Client Relationship Agt CMA Edge XXX-X5N96, #3 Exhibit C - Traditional IRA Disclosure, #4 Exhibit D - Merrill Lynch Self-Directed Investing Client Relationship Agt, #5 Exhibit E - Executed Client Relationship Agt IRA Edge XXX-X0S72)(Olin, Keith) Motions referred to Magistrate Judge Joel B. Toomey.
November 22, 2022 Opinion or Order Filing 14 ENDORSED ORDER: The parties' Joint Motion for Extension of Time to Conduct Case Management Conference and File Case Management Report #13 is GRANTED. On or before December 21, 2022, the parties shall file their case management report. Signed by Judge Brian J. Davis on 11/22/2022. (EL)
November 21, 2022 Filing 13 JOINT MOTION for Extension of Time to Conduct Case Management Report by Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Olin, Keith) Motions referred to Magistrate Judge Joel B. Toomey. (Modified on 11/22/2022 to edit docket text) (JDR).
November 15, 2022 Filing 12 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Mark Rubin. Related document: #4 Complaint filed by Mark Rubin.(Story, Max)
October 31, 2022 Opinion or Order Filing 11 ENDORSED ORDER granting #10 Defendant's Second Motion for Extension of Time to Answer or Respond to Plaintiff's Complaint. Defendant shall have up to and including November 15, 2022 to respond to #4 the Complaint. Signed by Magistrate Judge Joel B. Toomey on 10/31/2022. (KMD)
October 28, 2022 Filing 10 SECOND MOTION for Extension of Time to File Answer re #4 Complaint by Bank of America National Association. (Olin, Keith) Motions referred to Magistrate Judge Joel B. Toomey. (Modified on 10/28/2022 to edit docket text) (JDR).
October 17, 2022 Opinion or Order Filing 9 ENDORSED ORDER granting #8 Defendant's Motion for Extension of Time to Answer or Respond to Plaintiff's Complaint. Defendant shall have up to and including November 1, 2022 to respond to #4 Plaintiff's Complaint and Demand for Jury Trial. Signed by Magistrate Judge Joel B. Toomey on 10/17/2022. (KMD)
October 14, 2022 Filing 8 MOTION for Extension of Time to File Answer re #4 Complaint by Bank of America National Association. (Olin, Keith) Motions referred to Magistrate Judge Joel B. Toomey.
October 12, 2022 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). (CKS)
October 12, 2022 Filing 6 NOTICE by Bank of America National Association State Court Docket Sheet (Olin, Keith)
October 12, 2022 Filing 5 NOTICE to counsel Keith Olin of Local Rule 1.06(b), which requires a legible copy of each paper docketed in the state court. (Signed by Deputy Clerk). (JDR)
October 12, 2022 Filing 4 COMPLAINT against Bank of America National Association with Jury Demand filed by Mark Rubin. (Originally Filed in State Court on 09/20/2022)(JDR)
October 11, 2022 Filing 3 CORRECTED NOTICE of Removal by Bank Of America NA re #1 Notice of Removal (Attachments: #1 Exhibit A)(Olin, Keith) (Modified on 10/12/2022 to edit docket text) (JDR).
October 11, 2022 Filing 2 NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge Joel B. Toomey. New case number: 3:22-cv-1100-BJD-JBT. (SJB)
October 11, 2022 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Fourth Judicial Circuit in Duval County, FL, case number 16-2022-CA-005434-XXXXMA filed in State Court on 09/20/2022. Filing fee $402, receipt number AFLMDC-20077476 filed by Bank Of America NA. (Attachments: #1 Exhibit A - State Court Complaint, #2 Civil Cover Sheet)(Olin, Keith)

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Plaintiff: Mark Rubino
Represented By: Max H. Story
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Plaintiff: Mark Rubin
Represented By: Austin James Griffin
Represented By: Max H. Story
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Defendant: Bank Of America NA
Represented By: Keith Olin
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Defendant: Bank of America National Association
Represented By: Keith Olin
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Defendant: Merrill Lynch, Pierce, Fenner & Smith Incorporated
Represented By: Keith Olin
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