Branch Banking and Trust Company v. Reit 11, LLC et al

Justia Dockets & Filings Eleventh Circuit Florida Middle District Branch Banking and Trust Company v. Reit 11, LLC et al

Branch Banking and Trust Company v. Reit 11, LLC et al

Plaintiff:	Branch Banking and Trust Company
Defendant:	Chase/Freeman, P.A., James Eshelman, Adam Goldstein, Gonzalez Law Firm, P.L., Bassem Bertizlian, Heathrow International Center Owners Association, Inc., Park Place at Heathrow Building II Commercial Condominium Association, Inc., Ali Shanavas, Patrick Buchanan, Hirsch & Company, LLC, Reit 11, LLC, Shams Law Firm, P.A., Wade Eshelman and James West
Case Number:	6:2013cv01329
Filed:	August 28, 2013
Court:	US District Court for the Middle District of Florida
Office:	Orlando Office
County:	Seminole
Presiding Judge:	Paul G Byron
Referring Judge:	Karla R Spaulding
Nature of Suit:	Real Property: Foreclosure
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on November 4, 2014. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 4, 2014	Filing 80 DISBURSEMENT VOUCHER Check number 00715847 in the amount of $649,684.64 paid to Branch Banking & Trust Co. per Court's Order #79 dated 10/21/14. Disbursed 10/24/14. (AIL)
October 21, 2014	Filing 79 ORDER granting #78 Motion for Disbursement of Funds. The clerk is directed to disburse $649,684.64 plus interest less Court Registry fees to Branch Banking and Trust Company signed by Judge Paul G. Byron on 10/21/2014. (Copy given to Finance)(AKJ)
October 15, 2014	Filing 78 MOTION for Disbursement of Funds by Branch Banking and Trust Company. (Rosenthal, Jason)
October 15, 2014	Filing 77 ENDORSED ORDER terminating #74 Motion to Deposit Funds. Signed by Judge Paul G. Byron on 10/15/2014. (MMW)
October 15, 2014	Filing 76 ENDORSED ORDER granting #75 Motion to Deposit Funds. Signed by Judge Paul G. Byron on 10/15/2014. (MMW)
October 15, 2014	Filing 75 MOTION to Deposit Funds by Branch Banking and Trust Company. (Rosenthal, Jason)
October 15, 2014	Filing 74 MOTION to Deposit Funds into Court Registry by Branch Banking and Trust Company. (Rosenthal, Jason)
October 2, 2014	Filing 73 ORDER granting #72 Plaintiff's Request for Confirmation of Sale. The United States Marshall shall issue a deed to the purchaser. Signed by Judge Paul G. Byron on 10/2/2014. (MMW)
September 19, 2014	Filing 72 MOTION for miscellaneous relief, specifically Request for Confirmation of Sale by Branch Banking and Trust Company. (Rosenthal, Jason)
September 8, 2014	Filing 71 US Marshal 285 form indicating a foreclosure. Property sold 9/4/14. (RDO) Modified on 9/22/2014 (LAK).
August 28, 2014	Filing 70 NOTICE by Branch Banking and Trust Company Notice of Filing Proof of Publication (Rosenthal, Jason)
July 28, 2014	Filing 69 NOTICE by Branch Banking and Trust Company Notice of Sale (Rosenthal, Jason)
July 17, 2014	Filing 68 ORDER granting #59 Agreed Motion to Approve Settlement Agreement and for Entry of Foreclosure Judgment. The Clerk is directed to terminate all deadlines and close the case. Signed by Judge Paul G. Byron on 7/17/2014. (MMW)
July 7, 2014	Filing 67 FORECLOSURE AND DEFAULT JUDGMENT granting #63 Plaintiff's Motion for Entry of Foreclosure Judgment and for Default Judgment. Signed by Judge Paul G. Byron on 7/7/2014. (Byron, Paul) Modified on 7/8/2014 (MAA).
July 3, 2014	Filing 66 AMENDED NOTICE of hearing: Bench Trial set for the trial term commencing 11/3/2014 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Final Pretrial Conference set for 10/21/2014 at 01:30 PM in Orlando Courtroom 4 B before Judge Paul G. Byron (VMF) (ctp)
July 2, 2014	Filing 65 Case Reassigned to Judge Paul G. Byron. New case number: 6:13-cv-1329-ORL-40-KRS. Judge Charlene Edwards Honeywell no longer assigned to the case. (EJS)
June 18, 2014	Filing 64 ORDER granting #62 The Agreed Motion to Drop Party Defendants. Defendants James West, Ali Shanavas and Patrick Buchanan are dismissed from this litigation. The Clerk is directed to terminate Defendants James West, Ali Shanavas and Patrick Buchanan as parties to this case. Signed by Judge Charlene Edwards Honeywell on 6/18/2014. (BGS)
May 29, 2014	Filing 63 MOTION for Entry of Foreclosure Judgment and Default Judgment by Branch Banking and Trust Company. (Rosenthal, Jason) Text modified on 5/30/2014 (RDO).
May 29, 2014	Filing 62 AGREED MOTION for miscellaneous relief, specifically Agreed Motion to Drop Party Defendants by Branch Banking and Trust Company. (Rosenthal, Jason) Text modified on 5/30/2014 (RDO).
May 29, 2014	Filing 61 Minute Entry. (MOTION HEARING) Proceedings held before Judge Charlene Edwards Honeywell on 5/29/2014 re #59 MOTION for Settlement Agreed Motion to Approve Settlement Agreement and for Entry of Foreclosure Judgment filed by Branch Banking and Trust Company. Court takes motion under advisement. Court Reporter: Koretta Stanford (NBL)
May 20, 2014	Filing 60 NOTICE OF TELEPHONIC MOTION HEARING: Telephonic Motion Hearing is set for 5/29/2014 at 11:30 AM before Judge Charlene Edwards Honeywell, U.S. District Court, Orlando, Florida. Re: #59 MOTION for Settlement Agreed Motion to Approve Settlement Agreement and for Entry of Foreclosure Judgment. Counsel shall appear by telephone by calling the Toll Free Meeting Number 1-888-684-8852, Access Code 2409734 and Security Code 052914. (NBL) copies e-mailed
April 17, 2014	Filing 59 AGREED MOTION to Approve Settlement Agreement and for Entry of Foreclosure Judgment by Branch Banking and Trust Company. (Rosenthal, Jason) Text modified on 4/18/2014 (RDO).
January 16, 2014	Filing 58 SUMMONS returned unexecuted by Branch Banking and Trust Company as to Ali Shanavas. (Rosenthal, Jason)
December 12, 2013	Set/reset scheduling order deadlines: Amended Pleadings due by 12/16/2013, Discovery due by 4/7/2014, Dispositive motions due by 5/5/2014, Pretrial statement due by 9/16/2014, All other motions due by 9/26/2014, Final Pretrial Conference set for 10/21/2014 at 01:30 PM in Orlando Courtroom 5 B before Judge Charlene Edwards Honeywell, Bench Trial set for trial term beginning on 11/3/2014 at 09:00 AM in Orlando Courtroom 5 B before Judge Charlene Edwards Honeywell., Conduct mediation hearing by 4/16/2014. Lead counsel to coordinate dates., Defendant disclosure of expert report due by 3/3/2014, Plaintiff disclosure of expert report due by 2/3/2014 (RDO)
December 11, 2013	Filing 57 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Charlene Edwards Honeywell on 12/11/2013. (NBL)
December 2, 2013	Filing 56 CASE MANAGEMENT REPORT. (Rosenthal, Jason)
November 4, 2013	Filing 54 ANSWER and affirmative defenses to #9 Amended Complaint by Patrick Buchanan.(Parrish, Jimmy)
November 4, 2013	Filing 53 ANSWER and affirmative defenses to #9 Amended Complaint by Bassem Bertizlian.(Parrish, Jimmy)
November 4, 2013	Filing 52 ANSWER and affirmative defenses to #9 Amended Complaint by Wade Eshelman.(Parrish, Jimmy)
November 4, 2013	Filing 51 ANSWER and affirmative defenses to #9 Amended Complaint by James Eshelman.(Parrish, Jimmy)
November 4, 2013	Filing 50 ANSWER and affirmative defenses to #9 Amended Complaint by Adam Goldstein.(Parrish, Jimmy)
November 4, 2013	Filing 49 ANSWER and affirmative defenses to #9 Amended Complaint by Reit 11, LLC.(Parrish, Jimmy)
November 4, 2013	Filing 48 MOTION To Be Excused from Case Management Requirements by Heathrow International Center Owners Association, Inc. (Attachments: #1 Text of Proposed Order Proposed Order)(Gerber, Douglas) *Text Modified & Notice of Electronic Filing regenerated on 11/5/2013 (MAA).
October 16, 2013	Filing 47 Clerk's ENTRY OF DEFAULT as to Chase/Freeman, P.A., Hirsch & Company, LLC and Shams Law Firm, P.A. (RDO)
October 15, 2013	Filing 46 MOTION for default against Hirsch & Company, LLC for not filing a defensive pleading re #37 Summons returned executed by Branch Banking and Trust Company. (Rosenthal, Jason) Motions referred to Magistrate Judge Karla R. Spaulding. Text modified on 10/16/2013 (RDO).
October 15, 2013	Filing 45 MOTION for default against Shams Law Firm, P.A. for not filing a defensive pleading re #36 Summons returned executed by Branch Banking and Trust Company. (Rosenthal, Jason) Motions referred to Magistrate Judge Karla R. Spaulding. Text modified on 10/16/2013 (RDO).
October 15, 2013	Filing 44 MOTION for default against Chase/Freemen for not filing a defensive pleading re #35 Summons returned executed by Branch Banking and Trust Company. (Rosenthal, Jason) Motions referred to Magistrate Judge Karla R. Spaulding. Text modified on 10/16/2013 (RDO).
October 11, 2013	Filing 43 Clerk's ENTRY OF DEFAULT as to Heathrow International Center Owners Association, Inc. (RDO)
October 10, 2013	Filing 42 CERTIFICATE of interested persons and corporate disclosure statement re #30 Interested persons order by Bassem Bertizlian, Patrick Buchanan, James Eshelman, Wade Eshelman, Adam Goldstein, Reit 11, LLC. (Parrish, Jimmy)
October 10, 2013	Filing 41 MOTION for default has not filed a defensive pleading re #31 Summons returned executed by Branch Banking and Trust Company. (Rosenthal, Jason) Motions referred to Magistrate Judge Karla R. Spaulding.
October 10, 2013	Filing 40 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Park Place at Heathrow Building II Commercial Condominium Association, Inc.. (Gerber, Douglas)
October 10, 2013	Filing 39 Clerk's ENTRY OF DEFAULT as to Gonzalez Law Firm, P.L. (RDO)
October 9, 2013	Filing 38 MOTION for default Not filing a defensive pleading re #32 Summons returned executed by Branch Banking and Trust Company. (Rosenthal, Jason) Motions referred to Magistrate Judge Karla R. Spaulding.
October 9, 2013	Filing 37 RETURN of service executed on 09/19/2013 by Branch Banking and Trust Company as to Hirsch & Company, LLC. (Rosenthal, Jason)
October 9, 2013	Filing 36 RETURN of service executed on 09/19/13 by Branch Banking and Trust Company as to Shams Law Firm, P.A.. (Rosenthal, Jason)
October 9, 2013	Filing 35 RETURN of service executed on 09/19/2013 by Branch Banking and Trust Company as to Chase/Freeman, P.A.. (Rosenthal, Jason)
October 9, 2013	Filing 34 NOTICE by Park Place at Heathrow Building II Commercial Condominium Association, Inc. (Gerber, Douglas) (WRONG CODE USED, ATTORNEY CALLED TO REFILE) (RDO).
September 27, 2013	Filing 33 RETURN of service executed on 09/17/13 by Branch Banking and Trust Company as to Park Place at Heathrow Building II Commercial Condominium Association, Inc.. (Rosenthal, Jason)
September 27, 2013	Filing 32 RETURN of service executed on 09/17/2013 by Branch Banking and Trust Company as to Gonzalez Law Firm, P.L.. (Rosenthal, Jason)
September 27, 2013	Filing 31 RETURN of service executed on 09/18/2013 by Branch Banking and Trust Company as to Heathrow International Center Owners Association, Inc.. (Rosenthal, Jason)
September 26, 2013	Filing 30 INTERESTED PERSONS ORDER. Defendants REIT 11, LLC, ADAM GOLDSTEIN, JAMES ESHELMAN, WADE ESHELMAN, BASSEM BERTIZLIAN, PATRICK BUCHANAN, PARK PLACE AT HEATHROW BUILDING II COMMERCIAL CONDOMINIUM ASSOCIATION, INC. shall file a Certificate of Interested Persons within (14) days from the date of this Order. Signed by Judge Charlene Edwards Honeywell on 9/26/2013. (NBL) copies e-mailed
September 26, 2013	Filing 29 ANSWER and affirmative defenses to #9 Amended Complaint by Park Place at Heathrow Building II Commercial Condominium Association, Inc..(Gerber, Douglas)
September 18, 2013	Filing 28 WAIVER of service returned executed on September 18, 2013 by Wade Eshelman, Reit 11, LLC, Bassem Bertizlian, Patrick Buchanan, Adam Goldstein, James Eshelman as to Wade Eshelman, Reit 11, LLC, Bassem Bertizlian, Patrick Buchanan, Adam Goldstein, James Eshelman. (Parrish, Jimmy)
September 18, 2013	Filing 27 NOTICE of Appearance by Jimmy D. Parrish on behalf of Bassem Bertizlian, Patrick Buchanan, James Eshelman, Wade Eshelman, Adam Goldstein, Reit 11, LLC (Parrish, Jimmy)
September 18, 2013	Filing 26 ORDER. #8 Order to show cause is discharged. Signed by Magistrate Judge Karla R. Spaulding on 9/18/2013. (LAK)
September 10, 2013	Filing 25 ALIAS SUMMONS reissued as to Bassem Bertizlian, Patrick Buchanan, Chase/Freeman, P.A., James Eshelman, Wade Eshelman, Adam Goldstein, Gonzalez Law Firm, P.L., Heathrow International Center Owners Association, Inc., Hirsch & Company, LLC, Park Place at Heathrow Building II Commercial Condominium Association, Inc., Reit 11, LLC, Shams Law Firm, P.A., Ali Shanavas, James West. (LAK)
September 6, 2013	Filing 24 SUMMONS returned unexecuted by Branch Banking and Trust Company as to Shams Law Firm, P.A.. (Rosenthal, Jason)
September 6, 2013	Filing 23 SUMMONS returned unexecuted by Branch Banking and Trust Company as to Hirsch & Company, LLC. (Rosenthal, Jason)
September 6, 2013	Filing 22 SUMMONS returned unexecuted by Branch Banking and Trust Company as to Chase/Freeman, P.A.. (Rosenthal, Jason)
September 6, 2013	Filing 21 SUMMONS returned unexecuted by Branch Banking and Trust Company as to Gonzalez Law Firm, P.L.. (Rosenthal, Jason)
September 6, 2013	Filing 20 SUMMONS returned unexecuted by Branch Banking and Trust Company as to James West. (Rosenthal, Jason)
September 6, 2013	Filing 19 SUMMONS returned unexecuted by Branch Banking and Trust Company as to Ali Shanavas. (Rosenthal, Jason)
September 6, 2013	Filing 18 SUMMONS returned unexecuted by Branch Banking and Trust Company as to Heathrow International Center Owners Association, Inc.. (Rosenthal, Jason)
September 6, 2013	Filing 17 SUMMONS returned unexecuted by Branch Banking and Trust Company as to Park Place at Heathrow Building II Commercial Condominium Association, Inc.. (Rosenthal, Jason)
September 6, 2013	Filing 16 SUMMONS returned unexecuted by Branch Banking and Trust Company as to Patrick Buchanan. (Rosenthal, Jason)
September 6, 2013	Filing 15 SUMMONS returned unexecuted by Branch Banking and Trust Company as to Bassem Bertizlian. (Rosenthal, Jason)
September 6, 2013	Filing 14 SUMMONS returned unexecuted by Branch Banking and Trust Company as to Wade Eshelman. (Rosenthal, Jason)
September 6, 2013	Filing 13 SUMMONS returned unexecuted by Branch Banking and Trust Company as to James Eshelman. (Rosenthal, Jason)
September 6, 2013	Filing 12 SUMMONS returned unexecuted by Branch Banking and Trust Company as to Adam Goldstein. (Rosenthal, Jason)
September 6, 2013	Filing 11 SUMMONS returned unexecuted by Branch Banking and Trust Company as to Reit 11, LLC. (Rosenthal, Jason)
September 4, 2013	Filing 10 RESPONSE TO ORDER TO SHOW CAUSE filed by Branch Banking and Trust Company. (Rosenthal, Jason)
September 4, 2013	Filing 9 AMENDED COMPLAINT against All Defendants filed by Branch Banking and Trust Company. Related document: #1 Complaint filed by Branch Banking and Trust Company. (Attachments: #1 Exhibit A-I, #2 Exhibit J-S)(Rosenthal, Jason)
September 3, 2013	Filing 8 ORDER to show cause as to Branch Banking and Trust Company why the case should not be dismissed for lack of federal subject matter jurisdiction. In the response, Plaintiff shall state the citizenship of each member of each LLC Defendant. Show Cause Response due by 9/17/2013. Signed by Magistrate Judge Karla R. Spaulding on 9/3/2013. (LAK)
August 30, 2013	Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Branch Banking and Trust Company identifying Corporate Parent James West, Corporate Parent Branch Banking and Trust Company, Corporate Parent BB&T Corporation, Corporate Parent Reit 11, LLC, Corporate Parent Adam Goldstein, Corporate Parent James Eshelman, Corporate Parent Wade Eshelman, Corporate Parent Bassem Bertizlian, Corporate Parent Patrick Buchanan, Corporate Parent Park Place at Heathrow Building II Commercial Condominium Association, Inc., Corporate Parent Heathrow International Center Owners Association, Inc., Corporate Parent Shams Law Firm, P.A., Corporate Parent Hirsch & Company, LLC, Corporate Parent Chase/Freeman, P.A., Corporate Parent Gonzalez Law Firm, P.L., Corporate Parent Ali Shanavas for Branch Banking and Trust Company.. (Rosenthal, Jason)
August 30, 2013	Filing 6 NOTICE of pendency of related cases per Local Rule 1.04(d) by Branch Banking and Trust Company. Related case(s): no (Rosenthal, Jason)
August 29, 2013	Filing 5 INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within (14) days from the date of this Order. Signed by Judge Charlene Edwards Honeywell on 8/29/2013. (NBL) copies e-mailed
August 29, 2013	Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within (14) days from the date of this Order. Signed by Judge Charlene Edwards Honeywell on 8/29/2013. (NBL) copies e-mailed
August 29, 2013	Filing 3 SUMMONS issued as to Bassem Bertizlian, Patrick Buchanan, Chase/Freeman, P.A., James Eshelman, Wade Eshelman, Adam Goldstein, Gonzalez Law Firm, P.L., Heathrow International Center Owners Association, Inc., Hirsch & Company, LLC, Park Place at Heathrow Building II Commercial Condominium Association, Inc., Reit 11, LLC, Shams Law Firm, P.A., Ali Shanavas, James West. (MAA)
August 28, 2013	Filing 2 NOTICE of lis pendens by Branch Banking and Trust Company. (MAA)
August 28, 2013	Filing 1 COMPLAINT against Bassem Bertizlian, Patrick Buchanan, Chase/Freeman, P.A., James Eshelman, Wade Eshelman, Adam Goldstein, Gonzalez Law Firm, P.L., Heathrow International Center Owners Association, Inc., Hirsch & Company, LLC, Park Place at Heathrow Building II Commercial Condominium Association, Inc., Reit 11, LLC, Shams Law Firm, P.A., Ali Shanavas, James West (Filing fee $ 400 receipt number ORL-27735) filed by Branch Banking and Trust Company. (Attachments: #1 Exhibits A through I, #2 Exhibits J through S, #3 Civil Cover Sheet)(MAA)

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Search for this case: Branch Banking and Trust Company v. Reit 11, LLC et al
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Defendant: Chase/Freeman, P.A.
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Defendant: James Eshelman
Represented By:	Jimmy D. Parrish
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Defendant: Adam Goldstein
Represented By:	Jimmy D. Parrish
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Defendant: Gonzalez Law Firm, P.L.
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Defendant: Bassem Bertizlian
Represented By:	Jimmy D. Parrish
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Defendant: Heathrow International Center Owners Association, Inc.
Represented By:	Douglas Paul Gerber
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Defendant: Park Place at Heathrow Building II Commercial Condominium Association, Inc.
Represented By:	Douglas Paul Gerber
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Defendant: Ali Shanavas
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Defendant: Patrick Buchanan
Represented By:	Jimmy D. Parrish
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Defendant: Hirsch & Company, LLC
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Defendant: Reit 11, LLC
Represented By:	Jimmy D. Parrish
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Defendant: Shams Law Firm, P.A.
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Defendant: Wade Eshelman
Represented By:	Jimmy D. Parrish
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Defendant: James West
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Plaintiff: Branch Banking and Trust Company
Represented By:	Jason A. Rosenthal
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