Baumann v. PNC Bank, N.A. et al
Plaintiff: James E. Baumann
Defendant: McGlinchey Stafford, PLLC, PNC Bank, N.A. and Shapiro, Fishman, & Gache, LLP
Case Number: 6:2018cv01758
Filed: October 17, 2018
Court: US District Court for the Middle District of Florida
Presiding Judge: Paul G Byron
Referring Judge: Thomas B Smith
2 Judge: Karla R Spaulding
Nature of Suit: Other Fraud
Cause of Action: 15 U.S.C. § 1601
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 20, 2019 Opinion or Order Filing 38 ORDER denying as moot #21 Motion to Dismiss for Failure to State a Claim; denying as moot #24 Motion to Dismiss. The case is DISMISSED without prejudice and the Clerk of Court is DIRECTED to close the file. Signed by Magistrate Judge Karla R. Spaulding on 2/20/2019. (ECJ)
February 14, 2019 Filing 37 NOTICE of voluntary dismissal without prejudice by James E. Baumann (RDO)
February 13, 2019 Opinion or Order Filing 36 ORDER granting #35 Motion for Leave to File Reply to Plaintiff's Response in Opposition to Defendants' Motion to Dismiss Amended Complaint, or in the Alternative, Motion for Leave to Amend. Defendants PNC Bank, N.A., and McGlinchey Stafford, PLLC, may file a reply brief, not to exceed five (5) pages, on or before March 1, 2019. Signed by Magistrate Judge Karla R. Spaulding on 2/13/2019. (ECJ)
February 12, 2019 Filing 35 Unopposed MOTION for leave to file Reply to Plaintiff's Response in Opposition to #21 Motion to Dismiss by McGlinchey Stafford, PLLC, PNC Bank, N.A.. (Apatov, Joseph) Modified on 2/13/2019 (RDO).
February 12, 2019 Opinion or Order Filing 34 ORDER REFERRING CASE to Magistrate Judge for Report and Recommendations. Signed by Judge Paul G. Byron on 2/12/2019. (GNB) copies mailed/e-mailed
February 6, 2019 Opinion or Order Filing 33 ORDER to Strike re: #32 Initial Disclosures filed by Shapiro, Fishman, & Gache, LLP. Signed by Magistrate Judge Karla R. Spaulding on 2/6/2019. (ECJ)
February 5, 2019 Filing 32 (STRICKEN BY #33 ORDER) Initial Disclosures by Shapiro, Fishman, & Gache, LLP. (Cantor, Ileen) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 2/6/2019 (RDO). Modified on 2/7/2019 (RDO).
February 4, 2019 Filing 31 CASE REFERRED to Mediation. Terry White appointed as mediator. (RDO)
February 4, 2019 Set/reset scheduling order deadlines: Amended Pleadings due by 2/22/2019, Discovery due by 10/14/2019, Dispositive motions due by 11/12/2019, Pretrial statement due by 2/18/2020, All other motions due by 2/25/2020, Final Pretrial Conference set for 3/17/2020 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Jury Trial set for trial term beginning on 4/6/2020 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 10/21/2019. Lead counsel to coordinate dates., Defendant disclosure of expert report due by 8/19/2019, Plaintiff disclosure of expert report due by 7/15/2019 (RDO)
February 1, 2019 Opinion or Order Filing 30 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Paul G. Byron on 2/1/2019. (MMW)
January 30, 2019 Filing 29 RESPONSE to #21 MOTION to dismiss for failure to state a claim filed by James E. Baumann. (RDO)
January 29, 2019 Filing 28 CASE MANAGEMENT REPORT. (Apatov, Joseph)
January 28, 2019 Opinion or Order Filing 27 ORDER to strike re: #23 Case Management Report for failure to comply with the Administrative Procedures for Electronic Filing IV(F)(3). Signed by Judge Paul G. Byron on 1/28/2019. (MMW)
January 28, 2019 Opinion or Order Filing 26 ORDER granting #25 Motion for Extension of Time to File Response/Reply re #24 MOTION to Dismiss amended complaint , #21 MOTION to dismiss for failure to state a claim . Responses due by 2/4/2019. Signed by Magistrate Judge Karla R. Spaulding on 1/28/2019. (ECJ)
January 25, 2019 Filing 25 MOTION for Extension of Time to File Response to #21 MOTION to dismiss for failure to state a claim and #24 MOTION to Dismiss amended complaint by James E. Baumann. (RDO) Motion referred to Magistrate Judge Karla R. Spaulding.
January 14, 2019 Filing 24 MOTION to Dismiss amended complaint by Shapiro, Fishman, & Gache, LLP. (Cantor, Ileen)
January 11, 2019 Filing 23 (STRICKEN BY #27 ENDORSED ORDER) CASE MANAGEMENT REPORT. (Apatov, Joseph) Modified on 1/29/2019 (RDO).
January 11, 2019 Filing 22 CERTIFICATE of interested persons and corporate disclosure statement re #8 Interested persons order by Shapiro, Fishman, & Gache, LLP. (Cantor, Ileen)
January 10, 2019 Filing 21 MOTION to dismiss for failure to state a claim by McGlinchey Stafford, PLLC, PNC Bank, N.A.. (Attachments: #1 Exhibit A - Motion for Sanctions, #2 Exhibit B - Order Granting Motion for Sanctions, #3 Exhibit C - Motion for Reconsideration, #4 Exhibit D - Order Granting Prospective Relief From Stay)(Apatov, Joseph)
January 8, 2019 Opinion or Order Filing 20 ORDER granting #19 Joint Motion of Plaintiff and All Defendants for Leave to Appear Telephonically at Initial Planning and Scheduling Conference. Signed by Magistrate Judge Karla R. Spaulding on 1/8/2019. (ECJ)
January 7, 2019 Filing 19 Joint MOTION for miscellaneous relief, specifically for Leave to Appear Telephonically at Initial Planning and Scheduling Conference to Prepare Case Management Report by McGlinchey Stafford, PLLC, PNC Bank, N.A.. (Apatov, Joseph)
January 3, 2019 Opinion or Order Filing 18 ORDER denying as moot #16 Motion for Extension of Time to File Response to Amended Complaint ; granting #17 Motion for Extension of Time to File Response to Amended Complaint. The deadline is extended up to and including February 18, 2019. Signed by Magistrate Judge Karla R. Spaulding on 1/3/2019. (RDO)
January 3, 2019 Filing 17 Amended MOTION for Extension of Time to File Response/Reply as to #6 Amended Complaint by Shapiro, Fishman, & Gache, LLP. (Cantor, Ileen) Motions referred to Magistrate Judge Karla R. Spaulding.
January 3, 2019 Filing 16 MOTION for Extension of Time to File Response/Reply as to #6 Amended Complaint by Shapiro, Fishman, & Gache, LLP. (Cantor, Ileen) Motions referred to Magistrate Judge Karla R. Spaulding.
January 3, 2019 Set/reset deadlines/hearings: for Shapiro, Fishman, & Gache, LLP. Answer due by 2/18/2019. (RDO)
December 3, 2018 Filing 15 CERTIFICATE of interested persons and corporate disclosure statement re #12 Interested persons order by McGlinchey Stafford, PLLC, PNC Bank, N.A. identifying Corporate Parent PNC Financial Services Group, Inc., Corporate Parent PNC Bankcorp, Inc. for PNC Bank, N.A... (Apatov, Joseph)
November 26, 2018 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. Answer or response due by 1/10/19. Signed by Magistrate Judge Karla R. Spaulding on 11/26/2018. (ECJ)
November 21, 2018 Filing 13 MOTION to extend time to Respond to Amended Complaint by McGlinchey Stafford, PLLC, PNC Bank, N.A.. (Apatov, Joseph) Motions referred to Magistrate Judge Karla R. Spaulding.
November 19, 2018 Opinion or Order Filing 12 INTERESTED PERSONS ORDER. Defendants PNC Bank, N.A. and McGlinchey Stafford, PLLC shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 11/19/2018. (GNB) copies e-mailed
November 13, 2018 Filing 11 NOTICE of Appearance by Joseph Andrew Apatov on behalf of McGlinchey Stafford, PLLC, PNC Bank, N.A. (Apatov, Joseph)
November 5, 2018 Filing 10 NOTICE of pendency of related cases re #7 Related case order and track 2 notice per Local Rule 1.04(d) by James E. Baumann. Related case(s): yes (RDO)
November 5, 2018 Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re #8 Interested persons order by James E. Baumann. (RDO)
October 29, 2018 Opinion or Order Filing 8 INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 10/29/2018. (GNB) copies mailed
October 29, 2018 Opinion or Order Filing 7 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 fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 10/29/2018. (GNB) copies mailed
October 29, 2018 Filing 6 AMENDED COMPLAINT against All Defendants with Jury Demand filed by James E. Baumann. Related document: #1 Complaint filed by James E. Baumann. (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)(RDO)
October 19, 2018 Filing 5 Case Reassigned to Magistrate Judge Karla R. Spaulding. New case number: 6:18-cv-1758-Orl-40KRS. (GJS)
October 19, 2018 Opinion or Order Filing 4 ORDER of recusal. Signed by Magistrate Judge Thomas B. Smith on 10/19/2018. (PML)
October 18, 2018 Set/reset deadline: Amended Complaint due by 11/1/2018 (JET)
October 18, 2018 Opinion or Order Filing 3 ORDER dismissing without prejudice #1 Complaint as a shotgun pleading. On or before November 1, 2018, Plaintiff may file an amended complaint. Plaintiff is cautioned that failure to file an amended complaint within the time provided will result in the Court dismissing this case and closing the file without further notice. Signed by Judge Paul G. Byron on 10/18/2018. (SCM)
October 17, 2018 Filing 2 SUMMONS issued as to All Defendants. (issued at intake) (RDO)
October 17, 2018 Filing 1 COMPLAINT against All Defendants with Jury Demand. Filing fee $ 400, receipt number ORL077792. Filed by James E. Baumann. (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)(no civil cover sheet received with Complaint)(RDO)

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Plaintiff: James E. Baumann
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Defendant: McGlinchey Stafford, PLLC
Represented By: Joseph Andrew Apatov
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Defendant: PNC Bank, N.A.
Represented By: Joseph Andrew Apatov
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Defendant: Shapiro, Fishman, & Gache, LLP
Represented By: Ileen Jill Cantor
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