McDaniel v. Fifth Third Bank
Plaintiff: Brian McDaniel
Defendant: Fifth Third Bank
Case Number: 6:2013cv01878
Filed: December 6, 2013
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: Orange
Presiding Judge: Gregory J Kelly
Referring Judge: Gregory A Presnell
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
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Docket Report

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

Date Filed Document Text
August 4, 2014 Opinion or Order Filing 46 ORDER denying as moot #35 Motion for Judgment on the Pleadings; denying #36 Motion to Strike; denying as moot #45 Motion for Leave to File; dismissing case; directing Clerk to close file. Signed by Judge Gregory A. Presnell on 8/4/2014. (ED)
August 4, 2014 Filing 45 Unopposed MOTION for leave to file Reply in Further Support of Motion to Strike Notice of Voluntary Dismissal by Fifth Third Bank. (Weiss, Aaron)
August 4, 2014 Opinion or Order Filing 44 ENDORSED ORDER granting #43 motion to stay consideration of the motion for judgement on the pleadings. Signed by Judge Gregory A. Presnell on 8/4/2014. (Presnell, Gregory)
August 1, 2014 Filing 43 Unopposed MOTION to stay #35 Motion for Judgment on the Pleadings with Incorporated Memorandum of Law by Brian McDaniel. (Persad, Teeluck) Modified on 8/4/2014 (JET).
July 30, 2014 Filing 42 MEMORANDUM in opposition re #36 Motion to Strike, #32 Notice of voluntary dismissal filed by Brian McDaniel. (Persad, Teeluck) Modified on 7/31/2014 (IGC).
July 23, 2014 Set deadlines as to #36 MOTION to Strike #32 Notice of voluntary dismissal, #35 MOTION for judgment on the pleadings as to all Counts. Responses due by 8/4/2014 by Plaintiff. (IGC)
July 22, 2014 Opinion or Order Filing 41 ENDORSED ORDER. The Clerk is directed to reopen this case. Signed by Judge Gregory A. Presnell on 7/22/2014. Copies mailed.(LAM)
July 22, 2014 Opinion or Order Filing 40 ENDORSED ORDER granting #39 Motion for Extension of Time to File Response/Reply. Signed by Judge Gregory A. Presnell on 7/22/2014. (Presnell, Gregory)
July 18, 2014 Filing 39 Unopposed MOTION for Extension of Time up to and including August 4, 2014 to File Response/Reply re #36 Defendant's Motion to Strike and re #35 Judgment on the Pleadings with Incorporated Memorandum of Law by All Plaintiffs. (Persad, Teeluck) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 7/18/2014 (MAL).
July 14, 2014 Filing 38 NOTICE of supplemental authority re #36 MOTION to Strike #32 Notice of voluntary dismissal by Fifth Third Bank. (Attachments: #1 Exhibit A)(Weiss, Aaron)
July 8, 2014 Filing 37 USCA judgment as to #31 Notice of appeal filed by Fifth Third Bank Entered on docket 7/8/14. Issued as Mandate on: 7/8/14. USCA number: 14-11615. Re: #33 Opinion. VACATED AND REMANDED. (LAK)
July 8, 2014 Filing 36 MOTION to Strike #32 Notice of voluntary dismissal by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Weiss, Aaron) Motions referred to Magistrate Judge Gregory J. Kelly.
July 8, 2014 Filing 35 MOTION for judgment on the pleadings as to all Counts by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Weiss, Aaron)
July 8, 2014 Filing 34 ANSWER and affirmative defenses to #3 Amended Complaint by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Weiss, Aaron)
June 5, 2014 Filing 33 OPINION/ORDER of USCA as to #31 Notice of appeal filed by Fifth Third Bank. EOD: 6/5/14; Mandate to issue at a later date. USCA number: 14-11615. VACATED AND REMANDED. (LAK)
June 5, 2014 Filing 32 NOTICE of voluntary dismissal without prejudice by Brian McDaniel (Persad, Teeluck) Modified on 6/6/2014 (IGC).
April 29, 2014 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #31 Notice of appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 14-11615-AA (RDO)
April 16, 2014 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #31 Notice of appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 14-90004-A (LMM)
April 14, 2014 Filing 31 NOTICE OF APPEAL. The petition for permission to appeal pursuant to the Class Action Fairness Act of 2005 is GRANTED. See attached USCA order for deadlines and instructions. Filing fee not paid. (LAK)
February 28, 2014 Opinion or Order Filing 30 ORDER granting #15 Motion to Remand to State Court, denying as moot #8 motion to dismiss, and directing the Clerk to close the file. Signed by Judge Gregory A. Presnell on 2/28/2014. (JU)
February 24, 2014 Filing 29 NOTICE of supplemental authority in support of #18 Memorandum in opposition to plaintiff's #15 motion to remand by Fifth Third Bank. (Walbolt, Sylvia) Modified on 2/24/2014 (IGC).
February 6, 2014 Opinion or Order Filing 28 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 2/6/2014. (TKW)
February 6, 2014 Reset scheduling order deadlines: Amended Pleadings due by 6/2/2014, Joinder of Parties due by 6/2/2014, Discovery due by 5/1/2015, Dispositive motions due by 6/1/2015, Pretrial statement due by 10/16/2015, All other motions due by 10/30/2015, Final Pretrial Conference set for 11/12/2015 at 01:30 PM before Judge Gregory A. Presnell, Bench Trial set for the trial term commencing 12/1/2015 at 09:00 AM before Judge Gregory A. Presnell. Conduct mediation hearing by 6/1/2015. Lead counsel to coordinate dates. Defendant disclosure of expert report due by 4/1/2015, Plaintiff disclosure of expert report due by 3/2/2015 (JET)
February 5, 2014 Filing 27 CASE REFERRED to Mediation; James Nulman appointed Mediator. (JET)
February 5, 2014 Set/reset scheduling order deadlines: Amended Pleadings due by 6/2/2014, Joinder of Parties due by 6/2/2014, Discovery due by 5/1/2015, Dispositive motions due by 6/1/2015, Pretrial statement due by 10/17/2014, All other motions due by 10/31/2014, Final Pretrial Conference set for 11/13/2014 at 01:30 PM before Judge Gregory A. Presnell, Bench Trial set for the trial term commencing 12/1/2014 at 09:00 AM before Judge Gregory A. Presnell. Conduct mediation hearing by 6/1/2015. Lead counsel to coordinate dates. Defendant disclosure of expert report due by 4/1/2015, Plaintiff disclosure of expert report due by 3/2/2015 (JET)
February 5, 2014 Opinion or Order Filing 26 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 2/5/2014. (TKW)
February 4, 2014 Filing 25 CASE MANAGEMENT REPORT. (Weiss, Aaron)
January 30, 2014 Filing 24 REPLY to #18 Response to Motion re #15 MOTION to remand to State Court and Supporting Memorandum of Law filed by Brian McDaniel. (Persad, Teeluck) Modified on 2/24/2014 (IGC).
January 28, 2014 Filing 23 REPLY to #17 Response to Motion re #8 MOTION to Dismiss amended complaint and incorporated memorandum of law filed by Fifth Third Bank. (Walbolt, Sylvia) Modified on 1/29/2014 (JET). Modified on 2/24/2014 (IGC).
January 22, 2014 Set/reset deadlines as to #8 MOTION to Dismiss amended complaint and incorporated memorandum of law. Replies to Response due by 1/31/2014. (JET)
January 22, 2014 Opinion or Order Filing 22 ENDORSED ORDER granting #20 Motion for Leave to File. Reply brief not to exceed seven pages due on or before January 31, 2014. Signed by Judge Gregory A. Presnell on 1/22/2014. (ED)
January 22, 2014 Opinion or Order Filing 21 ENDORSED ORDER granting #19 Motion for Leave to File reply; 7 page limit. Signed by Judge Gregory A. Presnell on 1/22/2014. (Presnell, Gregory)
January 21, 2014 Filing 20 Unopposed MOTION for leave to file Reply to #17 Response in Opposition, and in Support of #8 Motion to Dismiss Complaint by Fifth Third Bank. (Walbolt, Sylvia) Modified on 1/22/2014 (JET).
January 17, 2014 Filing 19 Unopposed MOTION for leave to file Reply Memorandum and Incorporated Memorandum of Law by Brian McDaniel. (Persad, Teeluck)
January 14, 2014 Filing 18 RESPONSE in Opposition re #15 MOTION to remand to State Court and Supporting Memorandum of Law filed by Fifth Third Bank. (Walbolt, Sylvia) Modified on 1/15/2014 (JET).
January 10, 2014 Filing 17 RESPONSE in Opposition re #8 MOTION to Dismiss amended complaint and incorporated memorandum of law filed by Brian McDaniel. (Lugo-Janer, Alberto)
January 3, 2014 Opinion or Order Filing 16 ENDORSED ORDER granting #14 Motion to Appear Telephonically at case management conference provided the parties agree on the essentials of the case management report. Otherwise, they shall meet in person. Signed by Magistrate Judge Paul A. Zoss on 1/3/2014. (PAB)
January 3, 2014 Filing 15 MOTION to remand to State Court and Supporting Memorandum of Law by Brian McDaniel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Persad, Teeluck)
January 2, 2014 Filing 14 Unopposed MOTION to Appear Telephonically for Case Management Conference by Fifth Third Bank. (Weiss, Aaron) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 1/3/2014 (JET).
December 27, 2013 Opinion or Order Filing 13 ENDORSED ORDER granting #12 Motion for Extension of Time to File Response re #8 MOTION to Dismiss amended complaint and incorporated memorandum of law. Responses due by 1/10/2014. Signed by Magistrate Judge Paul A. Zoss on 12/27/2013. (PAB)
December 27, 2013 Filing 12 Unopposed MOTION for Extension of Time until 1/10/14 to File Response/Reply as to #8 MOTION to Dismiss amended complaint and incorporated memorandum of law by Brian McDaniel. (Lugo-Janer, Alberto) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 12/30/2013 (JET).
December 26, 2013 Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Fifth Third Bank. (Weiss, Aaron)
December 16, 2013 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Brian McDaniel . (Persad, Teeluck) Modified on 12/18/2013 (JEV).
December 16, 2013 Filing 9 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Brian McDaniel. Related case(s): yes (Persad, Teeluck) Modified on 12/18/2013 (JEV).
December 13, 2013 Filing 8 MOTION to Dismiss amended complaint and incorporated memorandum of law by Fifth Third Bank. (Attachments: #1 Exhibit 1 (Composite), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Walbolt, Sylvia)
December 13, 2013 Filing 7 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Fifth Third Bank. Related case(s): yes (Walbolt, Sylvia)
December 12, 2013 Opinion or Order Filing 6 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 12/26/2013. Signed by Judge Gregory A. Presnell on 12/12/2013. Copies mailed.(LAM)
December 12, 2013 Opinion or Order Filing 5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 12/26/2013. Signed by Judge Gregory A. Presnell on 12/12/2013. Copies mailed.(LAM)
December 6, 2013 Filing 4 RETURN of service executed on 7/13/12 by Brian McDaniel as to Fifth Third Bank. Filed in State Court on 7/23/12. (IGC)
December 6, 2013 Filing 3 AMENDED COMPLAINT against Fifth Third Bank filed by Brian McDaniel (#1 State Court Cover Sheet) . Filed in State Court on or about 11/6/13.(IGC)
December 6, 2013 Filing 2 DECLARATION of Patty Elzinga re #1 Notice of Removal by Fifth Third Bank. (IGC)
December 6, 2013 Filing 1 NOTICE OF REMOVAL from 9th Judicial Circuit Court, Orange County, case number 2012-CA-011073-O filed in State Court on or about 7/3/2012. Filing fee $ 400, receipt number ORL30155 filed by Fifth Third Bank. (Attachments: #1 Exhibit 1-4, #2 Exhibit 5-8, #3 Exhibit Composite 9, #4 Exhibit Composite 10 Part 1 of 5, #5 Exhibit Composite 10 Part 2 of 5, #6 Exhibit Composite 10 Part 3 of 5, #7 Exhibit Composite 10 Part 4 of 5, #8 Exhibit Composite 10 Part 5 of 5, #9 Exhibit 11, #10 Exhibit 12, #11 Civil Cover Sheet)(IGC)

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Plaintiff: Brian McDaniel
Represented By: Teeluck Persad
Represented By: Alberto E. Lugo-Janer
Represented By: Samuel A. Walker
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Defendant: Fifth Third Bank
Represented By: Sylvia H. Walbolt
Represented By: Alan Michael Grunspan
Represented By: Aaron S. Weiss
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