Tippett et al v. Wells Fargo Bank, N.A.
| Ingrid Tippett and Philip Tippett |
| Wells Fargo Bank, N.A. |
| 5:2020cv00342 |
| July 28, 2020 |
| US District Court for the Middle District of Florida |
| Brian J Davis |
| Philip R Lammens |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 24, 2021. A more recent docket listing may be available from PACER.
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Filing 57
ORDER ADOPTING #49 Report and Recommendation; GRANTING #32 Defendant's Motion to Dismiss; DENYING #54 Plaintiffs' Motion for Leave to File Second Amended Complaint; DENYING #56 Plaintiffs' Motion for Leave to File Reply. This case is DISMISSED WITHOUT PREJUDICE. The Clerk shall terminate pending motions and close the file. Signed by Judge Brian J. Davis on 9/24/2021. (AMP)
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| Filing 56 Unopposed MOTION for Miscellaneous Relief, specifically Leave to File Reply to Wells Fargo Bank, N.A.'s Opposition to Plaintiffs' Motion for Leave to File Second Amended Class Action Complaint by Ingrid Tippett, Philip Tippett. (Franjola, George) |
| Filing 55 RESPONSE in Opposition re #54 MOTION for leave to file second amended complaint filed by Wells Fargo Bank, N.A.. (Holladay, Sara) |
| Filing 54 MOTION for leave to file Second Amended Complaint by Ingrid Tippett, Philip Tippett. (Attachments: #1 Exhibit Second Amended Class Action Complaint, #2 Exhibit Ex. A. to Second Amended Class Action Complaint, #3 Exhibit Ex. B to Second Amended Class Action Complaint, #4 Exhibit Ex. C to Second Amended Class Action Complaint, #5 Exhibit Ex. D to Second Amended Class Action Complaint, #6 Exhibit Ex. E to Second Amended Class Action Complaint)(Franjola, George) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 7/19/2021 (RLK). |
| Filing 53 RESPONSE to objections to #49 Report and Recommendations filed by Wells Fargo Bank, N.A.. (Holladay, Sara) |
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Filing 52
ENDORSED ORDER: The Joint Motion for Temporary Stay and for Extension of Time to Respond to Report and Recommendation #50 is GRANTED. Plaintiffs may file an objection to the Report and Recommendation on or before July 2, 2021. Defendant Wells Fargo Bank may respond to any objection filed by Plaintiff on or before July 23, 2021. All other remaining deadlines shall be stayed pending a decision on the Motion to Dismiss. Signed by Judge Brian J. Davis on 6/21/2021. (AMP)
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| Filing 51 OBJECTION re #49 REPORT AND RECOMMENDATIONS re #32 MOTION to Dismiss Plaintiff's' Amended Class Action Complaint filed by Wells Fargo Bank, N.A.. . (Widlanski, Benjamin) |
| Filing 50 Joint MOTION for Extension of Time to File Response/Reply as to #49 REPORT AND RECOMMENDATIONS re #32 MOTION to Dismiss Plaintiff's' Amended Class Action Complaint and Joint MOTION to Stay remaining deadlines re #48 Case Management Scheduling Order with Incorporated Memorandum of Law by all parties. (Holladay, Sara) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 6/17/2021 (LMF). |
| Set/reset scheduling order deadlines: Defendant disclosure of expert report due by 8/16/2021 Plaintiff disclosure of expert report due by 7/15/2021. (RLK) |
| Filing 49 REPORT AND RECOMMENDATIONS re #32 MOTION to Dismiss Plaintiff's' Amended Class Action Complaint filed by Wells Fargo Bank, N.A.. Signed by Magistrate Judge Philip R. Lammens on 6/4/2021. (JWM) |
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Filing 48
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. The following settings and deadlines shall now apply: Motion for Class Certification due by 7/19/2021; Fact Discovery due by 10/1/2021; Conduct mediation hearing by 11/3/2021; Dispositive motions due by 11/19/2021; Pretrial statement due by 3/16/2022; Final Pretrial Conference set for 3/23/2022 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Trial set for term commencing on 4/4/2022 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 6/3/2021. (AMP)
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Filing 47
ENDORSED ORDER: The parties' Joint Motion to Extend Deadlines for Briefing and Expert Reports on Class Certification #46 is GRANTED. A new case management and scheduling order will issue. Signed by Judge Brian J. Davis on 4/28/2021. (AMP)
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| Filing 46 Joint MOTION for Extension of Time to File specifically To Extend Deadlines For Briefing and Expert Reports on Class Certification by Ingrid Tippett, Philip Tippett. (Neary, Robert) Modified on 4/28/2021 (HAI). |
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Filing 45
ORDER REFERRING Motions for Report and Recommendation: #32 Motion to Dismiss Plaintiffs' Amended Class Action Complaint and #38 Request for Hearing. Signed by Judge Brian J. Davis on 4/2/2021. (AMP) Motions referred to Magistrate Judge Philip R. Lammens.
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Filing 44
ORDER appointing Terrance Schmidt, Esq. as mediator. (CKS) Modified on 2/2/2021 to edit entry (CKS).
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| Filing 43 NOTICE OF SELECTION of Terrance Schmidt as mediator by Wells Fargo Bank, N.A.. (Holladay, Sara) |
| Filing 42 REPLY to Response to Motion re #40 MOTION for Leave to File Other Document :Motion for Leave to File Sur-Reply , #23 MOTION to Dismiss Plaintiff's Class Action Complaint Pursuant To Rules 12(B)(1), 12(B)(6), 8(A), and 9(B) and Incorporated Memorandum Of Law - Plaintiffs' Sur-reply in Opposition to Motion to Dismiss filed by Ingrid Tippett, Philip Tippett. (Widlanski, Benjamin) |
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Filing 41
ENDORSED ORDER: Plaintiffs' Motion for Leave to File Sur-Reply #40 is GRANTED. Plaintiffs may file a sur-reply brief that shall not exceed five pages in length on or before December 28, 2020. Signed by Judge Brian J. Davis on 12/15/2020. (AMP)
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| Filing 40 MOTION for Leave to File Other Document :Motion for Leave to File Sur-Reply by Ingrid Tippett, Philip Tippett. (Widlanski, Benjamin) |
| Filing 39 REPLY to Response to Motion re #32 MOTION to Dismiss Plaintiff's' Amended Class Action Complaint "Wells Fargo Bank N.A.'s Reply in Support of Its Motion to Dismiss Plaintiffs' Amended Class Action Complaint" filed by Wells Fargo Bank, N.A.. (Holladay, Sara) |
| Filing 38 MOTION for Hearing re #37 Response in Opposition to Motion, #32 MOTION to Dismiss Plaintiff's' Amended Class Action Complaint by Ingrid Tippett, Philip Tippett. (Widlanski, Benjamin) |
| Filing 37 RESPONSE in Opposition re #32 MOTION to Dismiss Plaintiff's' Amended Class Action Complaint filed by Ingrid Tippett, Philip Tippett. (Widlanski, Benjamin) |
| Filing 36 NOTICE of Appearance by Eric Samuel Kay on behalf of Ingrid Tippett, Philip Tippett (Kay, Eric) |
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Filing 35
ENDORSED ORDER: The parties' Joint Motion to Set Briefing Schedule #33 is GRANTED. Plaintiffs shall have until November 18, 2020 to respond to Defendant's Motion to Dismiss #32. Defendant may file a reply brief in support of its motion, which shall not exceed 10 pages in length and must be filed no later than December 4, 2020. Signed by Judge Brian J. Davis on 10/30/2020. (AMP)
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Filing 34
ENDORSED ORDER: Defendant's Motion to Dismiss the original Complaint #23 is DENIED AS MOOT due to Plaintiff's filing of an Amended Complaint #30 in this case. Signed by Judge Brian J. Davis on 10/30/2020. (AMP)
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| Filing 33 Joint MOTION for Extension of Time to File response and reply to motion to dismiss amended complaint by All Plaintiffs. (Franjola, George) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 32 MOTION to Dismiss Plaintiff's' Amended Class Action Complaint by Wells Fargo Bank, N.A.. (Holladay, Sara) |
| Filing 31 NOTICE of Filing Corrected Exhibit G by Ingrid Tippett, Philip Tippett re #30 Amended Complaint (Attachments: #1 Exhibit Am. Compl. Corrected Ex. G)(Widlanski, Benjamin) Modified on 10/13/2020 (RLK). |
| Filing 30 AMENDED COMPLAINT against All Plaintiffs with Jury Demand. filed by Philip Tippett, Ingrid Tippett. (Attachments: #1 Exhibit A - Tippett mortgage, #2 Exhibit B - Tippett EquityLine Agmt, #3 Exhibit C - HELOC mortgage, #4 Exhibit D - Tippett Affidavit of Correction, #5 Exhibit E -Marion County Public Record Search, #6 Exhibit F - Broward Affidavit of Correction, #7 Exhibit G - Orange County AoC, #8 Exhibit H - Alabama AoC)(Widlanski, Benjamin) |
| Filing 29 CASE MANAGEMENT AND SCHEDULING ORDER: Mediation selection due by 1/7/2021; Fact Discovery due by 10/1/2021; Conduct mediation hearing by 11/3/2021; Dispositive motions due by 11/19/2021; Pretrial statement due by 3/16/2022; Final Pretrial Conference set for 3/23/2022 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Trial set for term commencing on 4/4/2022 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP) |
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Filing 28
ENDORSED ORDER: In accordance with Local Rule 3.05, this action is re-designated as a Track 3 Case. Signed by Judge Brian J. Davis on 10/6/2020. (AMP)
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Filing 27
ENDORSED ORDER: The parties' Joint Motion to Set Briefing Schedule #25 is GRANTED. Plaintiffs shall have until October 16, 2020, to respond to Defendant's Motion to Dismiss. Defendant may file a reply brief in support of its motion, which shall not exceed ten pages and must be filed no later than October 30, 2020. Signed by Judge Brian J. Davis on 9/28/2020. (AMP)
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| Filing 26 CASE MANAGEMENT REPORT. (Holladay-Tobias, Sara) |
| Filing 25 Joint MOTION for Miscellaneous Relief, specifically to set briefing schedule on Defendant's Motion to Dismiss Class Action Complaint and Incorporated Memorandum of Law by Wells Fargo Bank, N.A.. (Holladay-Tobias, Sara) Motions referred to Magistrate Judge Philip R. Lammens. |
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Filing 24
ENDORSED ORDER: Plaintiffs' Unopposed Motion for Enlargement of Time to File Motion for Class Certification #20 is GRANTED. A new deadline for Plaintiffs to file a motion for class certification will be set in the Court's Case Management and Scheduling Order. Signed by Judge Brian J. Davis on 9/17/2020. (AMP)
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| Filing 23 MOTION to Dismiss Plaintiff's Class Action Complaint Pursuant To Rules 12(B)(1), 12(B)(6), 8(A), and 9(B) and Incorporated Memorandum Of Law by Wells Fargo Bank, N.A.. (Holladay-Tobias, Sara) |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement by Ingrid Tippett, Philip Tippett. (Widlanski, Benjamin) |
| Filing 21 CORPORATE Disclosure Statement by Ingrid Tippett, Philip Tippett. (Widlanski, Benjamin) |
| Filing 20 Unopposed MOTION for Extension of Time to File Motion for Class Certification by Ingrid Tippett, Philip Tippett. (Widlanski, Benjamin) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 19 CORPORATE Disclosure Statement by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company, Corporate Parent Berkshire Hathaway Inc. for Wells Fargo Bank, N.A... (Holladay-Tobias, Sara) |
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Filing 18
ORDER granting #16, #17 Motions to Appear Pro Hac Vice. Signed by Magistrate Judge Philip R. Lammens on 9/11/2020. (SA)
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| Filing 17 Unopposed MOTION for Kobi K. Brinson to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17274779 for $150 by Wells Fargo Bank, N.A.. (Attachments: #1 Special Admission Attorney Certification)(Holladay-Tobias, Sara) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 16 Unopposed MOTION for Amanda L. Groves to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17274364 for $150 by Wells Fargo Bank, N.A.. (Attachments: #1 Special Admission Attorney Certification)(Holladay-Tobias, Sara) Motions referred to Magistrate Judge Philip R. Lammens. |
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Filing 15
ENDORSED ORDER: #14 Defendant's Motion for Extension of Time to Respond to Complaint is GRANTED. Defendant shall have until September 16, 2020, to file a response to the Complaint #1. Signed by Judge Brian J. Davis on 8/25/2020. (AMP)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Wells Fargo Bank, N.A.. (Holladay-Tobias, Sara) |
| Filing 13 NOTICE of Appearance by Brittney Lauren Difato on behalf of Wells Fargo Bank, N.A. (Difato, Brittney) |
| Filing 12 NOTICE of Appearance by Sara F. Holladay-Tobias on behalf of Wells Fargo Bank, N.A. (Holladay-Tobias, Sara) |
| Filing 11 RETURN of service executed on 8/4/2020 by Philip Tippett, Ingrid Tippett as to Wells Fargo Bank, N.A.( See doc 10) (RLK) |
| Filing 10 PROOF of service by Ingrid Tippett, Philip Tippett (Widlanski, Benjamin) |
| Filing 9 SUMMONS issued as to Wells Fargo Bank, N.A.. (RLK) |
| Filing 8 PROPOSED summons to be issued by Ingrid Tippett, Philip Tippett. (Attachments: #1 Proposed Summons)(Widlanski, Benjamin) |
| Filing 7 NOTICE of Appearance by Robert John Neary on behalf of Ingrid Tippett, Philip Tippett (Neary, Robert) |
| Filing 6 NOTICE of Appearance by George Franjola on behalf of Ingrid Tippett, Philip Tippett (Franjola, George) |
| Filing 5 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 7/31/2020. (Attachments: #1 Case Management Report Form, #2 Consent Letter and Form)(CKS) |
| Filing 4 Case Reassigned to Judge Brian J. Davis. New case number: 5:20-cv-342-Oc-39PRL. Judge James S. Moody, Jr no longer assigned to the case. (LMF) |
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Filing 3
ORDER of recusal. The Clerk of the Court is instructed to reassign this case to another District Judge under the blind filing system established pursuant to the rules of this Court. Signed by Judge James S. Moody, Jr. on 7/28/2020. (SMB)
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| Filing 2 NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:20-cv-342-Oc-30PRL. (SJB) |
| Filing 1 COMPLAINT against Wells Fargo Bank, N.A. with Jury Demand (Filing fee $ 400 receipt number 113A-17106834) filed by Philip Tippett, Ingrid Tippett. (Attachments: #1 Exhibit A - Tippett Mortgage, #2 Exhibit B - Equityline Agreement, #3 Exhibit C- HELOC Mortgage, #4 Exhibit D - Affidavit of Correction, #5 Civil Cover Sheet)(Widlanski, Benjamin) |
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