DePoalo v. The Bank of New York Mellon
Plaintiff: Darleen DePoalo
Defendant: The Bank of New York Mellon
Case Number: 5:2021cv00241
Filed: May 3, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Philip R Lammens
Referring Judge: James S Moody
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 17, 2021 Opinion or Order Filing 11 ENDORSED ORDER granting #4 Motion to Quash per order 10. Signed by Magistrate Judge Philip R. Lammens on 6/17/2021. (HAI)
June 16, 2021 Opinion or Order Filing 10 ORDER granting #4 Defendant's motion to set aside clerk's default and quash service. Signed by Magistrate Judge Philip R. Lammens on 6/16/2021. (AR)
June 16, 2021 Set/reset scheduling order deadlines: Defendant disclosure of expert report due by 10/31/2022 Plaintiff disclosure of expert report due by 9/30/2022. (HAI)
June 15, 2021 Opinion or Order Filing 9 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/6/2023; Dispositive motions due by 3/6/2023; Pretrial Conference set for TUESDAY, DECEMBER 5, 2023, at 9:15 AM in Tampa Courtroom 17 before Judge James S. Moody, Jr. Jury Trial set on the JANUARY 2024 trial term in Tampa Courtroom 17 before Judge James S. Moody, Jr. Conduct mediation hearing by 3/6/2023. Lead counsel to coordinate dates. Signed by Judge James S. Moody, Jr. on 6/15/2021. (KAC)
June 11, 2021 Filing 8 CASE MANAGEMENT REPORT. (Fesnak, Heather)
May 27, 2021 Filing 7 NOTICE of Appearance by Katherine Elizabeth Shepard on behalf of The Bank of New York Mellon (Shepard, Katherine)
May 24, 2021 Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by The Bank of New York Mellon identifying Corporate Parent Bank of New York Mellon Corporation for The Bank of New York Mellon. (Fesnak, Heather)
May 24, 2021 Filing 5 NOTICE of a related action per Local Rule 1.07(c) by The Bank of New York Mellon. Related case(s): Yes (Attachments: #1 Exhibit A)(Fesnak, Heather)
May 21, 2021 Filing 4 MOTION to Set Aside Clerk Default and MOTION to Quash Service with Memorandum by The Bank of New York Mellon. (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)(Fesnak, Heather) Modified on 5/24/2021 (HAI).
May 5, 2021 Filing 3 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) 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. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (KAC)
May 3, 2021 Filing 2 NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:21-cv-0241-JSM-PRL. (SJB)
May 3, 2021 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of Fifth Judicial Circuit, case number 20-CA-001842 filed in State Court on 11/17/2020. Filing fee $ 402, receipt number AFLMDC-18207841 filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A - Chart of Cases, #2 Exhibit B - State court pleadings, #3 Exhibit C - Notice of Filing Notice of Removal, #4 State Court COMPLAINT State Complaint, #5 State Court Other Documents Motion to Set Aside Clerk Decfault, Quash Service and Opposition to Motion of Summary Judgment After Default, #6 State Court Docket Sheet State Docket, #7 State Court Other Documents All State Pleadings, #8 Civil Cover Sheet Federal Civil Cover Sheet)(Fesnak, Heather)

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Defendant: The Bank of New York Mellon
Represented By: Heather Lynn Fesnak
Represented By: Katherine Elizabeth Shepard
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Plaintiff: Darleen DePoalo
Represented By: Megan Leigh Lazenby
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