Wheels Investment, LLC v. Merrill Lynch, Pierce, Fenner & Smith Incorporated et al
| Wheels Investment LLC and Wheels Investments, LLC |
| Wells Fargo Bank N.A., Merrill Lynch Pierce Fenner & Smith Inc., Bank of America N.A., Bank of America, N.A., Wells Fargo Bank, N.A. and Merrill Lynch, Pierce, Fenner & Smith Incorporated |
| 6:2019cv00658 |
| April 8, 2019 |
| US District Court for the Middle District of Florida |
| Gregory A Presnell |
| Thomas B Smith |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 11, 2019. A more recent docket listing may be available from PACER.
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| Set/reset deadlines: Status Report due by 8/30/2019. (BIA) |
Filing 45
ORDER granting #31 Motion to compel arbitration. This case is STAYED, as between Plaintiff and Merrill Lynch, pending resolution of the arbitration proceeding. Plaintiff and Merrill Lynch shall provide the Court a status report on August 30, 2019, and every 90 days thereafter until the arbitration is concluded.. Signed by Judge Gregory A. Presnell on 6/11/2019. (TKW)
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| Filing 44 RESPONSE TO ORDER TO SHOW CAUSE re #43 Order to show cause by Wheels Investments, LLC. (Stimler, Jonathan) Modified on 5/31/2019 (BIA). |
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Filing 43
ORDER that Plaintiff shall show cause in writing by May 31, 2019, why it may legally impose conditions on its agreement to arbitrate with Merrill Lynch, as to Wheels Investments, LLC. Show Cause Response due by 5/31/2019 Signed by Judge Gregory A. Presnell on 5/23/2019. (TKW)
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| Filing 42 RESPONSE to Motion re #24 MOTION to Compel Arbitration and Stay Proceedings and Incorporated Memorandum of Law , #31 Corrected MOTION to compel arbitration (Second Corrected Motion to Include Exhibits), #28 Amended MOTION to Compel Arbitration and Stay Proceedings and Incorporated Memorandum of Law filed by Wheels Investments, LLC. (Stimler, Jonathan) |
| Filing 41 RESPONSE in Opposition re #25 MOTION to Dismiss Plaintiff's Claims and Supporting Memorandum of Law filed by Wheels Investments, LLC. (Stimler, Jonathan) |
| Filing 40 RESPONSE in Opposition re #23 MOTION to Dismiss Complaint and Incorporated Memorandum of Law filed by Wheels Investments, LLC. (Stimler, Jonathan) |
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Filing 38
ENDORSED ORDER granting #35 Motion to Substitute; directing Clerk to delete Exhibit A originally attached to #24 Motion to Compel Arbitration and #31 Corrected Motion to Compel Arbitration and replace with redacted version of Exhibit A that is attached to #35 Motion to Substitute. Signed by Judge Gregory A. Presnell on 5/7/2019. (ED) Modified on 5/7/2019 (ED).
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Filing 37
ORDER granting #36 Motion for Extension of Time to File Response/Reply re #31 Corrected MOTION to compel arbitration (Second Corrected Motion to Include Exhibits), #25 MOTION to Dismiss Plaintiff's Claims and Supporting Memorandum of Law , #23 MOTION to Dismiss Complaint Responses due by 5/22/2019. Signed by Magistrate Judge Thomas B. Smith on 5/7/2019. (Smith, Thomas)
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| Filing 39 CASE REFERRED to Mediation. Donna M. Doyle appointed as Mediator. (BIA) |
| Set/reset scheduling order deadlines: Amended Pleadings due by 6/21/2019, Joinder of Parties due by 6/21/2019, Discovery due by 4/1/2020, Dispositive motions due by 5/1/2020, Pretrial statement due by 8/14/2020, All other motions due by 8/28/2020, Final Pretrial Conference set for 9/10/2020 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial set for 10/5/2020 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell., Conduct mediation hearing by 7/1/2020. Lead counsel to coordinate dates., Defendant disclosure of expert report due by 3/2/2020, Plaintiff disclosure of expert report due by 2/3/2020 (BIA) |
| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply as to #25 MOTION to Dismiss Plaintiff's Claims and Supporting Memorandum of Law , #23 MOTION to Dismiss Complaint , #31 Corrected MOTION to compel arbitration (Second Corrected Motion to Include Exhibits) by Wheels Investments, LLC. (Stimler, Jonathan) Motions referred to Magistrate Judge Thomas B. Smith. |
| Filing 35 Unopposed MOTION for miscellaneous relief, specifically Substitution of Exhibit A to DE 24 & DE 31 by Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Exhibit A)(Olin, Keith) |
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Filing 34
CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 5/6/2019. (TKW)
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| Filing 33 CASE MANAGEMENT REPORT. (Olin, Keith) |
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Filing 32
ENDORSED ORDER denying as moot #28 Motion to compel arbitration due to filing of #31 Amended motion to compel arbitration. Signed by Judge Gregory A. Presnell on 4/29/2019. (ED)
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| Filing 31 Corrected MOTION to compel arbitration (Second Corrected Motion to Include Exhibits) by Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #2 Exhibit B)(Olin, Keith) Modified on 4/29/2019 (BIA). (Additional attachment(s) added on 5/7/2019: #4 Exhibit A) (BIA). Modified on 5/7/2019 (see Order 38) (BIA). |
| Filing 30 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Wells Fargo Bank, N.A.. Related case(s): no (Parrino, Marc) |
| Filing 29 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A... (Parrino, Marc) |
| Filing 28 Amended MOTION to Compel Arbitration and Stay Proceedings and Incorporated Memorandum of Law (Corrected Motion) by Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Olin, Keith) Modified on 4/24/2019 (BIA). |
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Filing 27
ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #24 Motion to Compel arbitration. Signed by Magistrate Judge Thomas B. Smith on 4/24/2019. (Smith, Thomas)
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| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated identifying Corporate Parent Bank of America Corp., Other Affiliate NB Holdings Corp., Other Affiliate BAC North America Holding Company for Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated.. (Olin, Keith) |
| Filing 25 MOTION to Dismiss Plaintiff's Claims and Supporting Memorandum of Law by Bank of America, N.A.. (Olin, Keith) |
| Filing 24 MOTION to Compel Arbitration and Stay Proceedings and Incorporated Memorandum of Law by Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #2 Exhibit B)(Olin, Keith) Motions referred to Magistrate Judge Thomas B. Smith. (Additional attachment(s) added on 5/7/2019: #3 Exhibit A) Modified on 5/7/2019 (see Order 38 )(BIA). |
| Filing 23 MOTION to Dismiss Complaint by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A)(Parrino, Marc) |
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Filing 22
ORDER granting #21 Motion to Appear Telephonically. Signed by Magistrate Judge Thomas B. Smith on 4/17/2019. (Smith, Thomas)
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| Filing 21 Joint Unopposed MOTION to Appear Telephonically at Case Management Conference by Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Olin, Keith) Motions referred to Magistrate Judge Thomas B. Smith. Modified on 4/17/2019 (BIA). |
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Filing 20
ORDER discharging #5 Order to Show Cause. Signed by Magistrate Judge Thomas B. Smith on 4/17/2019. (Smith, Thomas)
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| Filing 19 AMENDED COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Ninth Judicial Circuit in and for Orange County, case number 2019-CA-003144-O filed in State Court on 3/12/2019. filed by Bank of America N.A., Merrill Lynch Pierce Fenner & Smith Inc. Amendment to #1 Notice of Removal . (Attachments: #1 Exhibit A)(Olin, Keith) Modified on 4/18/2019 (LMM). ). |
| Filing 18 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Wheels Investments, LLC. Related case(s): no (Stimler, Jonathan) |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Wheels Investments, LLC identifying Corporate Parent Wheels Investments, LLC, Other Affiliate Latham, Shuker, Eden & Beaudine, LLP, Other Affiliate CHRISTINA TAYLOR, Other Affiliate Jonathan A. Stimler, Other Affiliate David D Dore, Other Affiliate Anne M Dore, Other Affiliate Mark Keenan for Wheels Investments, LLC.. (Stimler, Jonathan) |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re #5 Order pdf filed by Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Exhibit A)(Olin, Keith) |
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Filing 15
ORDER denying as moot #13 Motion for Extension of Time to Answer or respond. ; granting #14 Motion for Extension of Time to Answer or respond. Merrill Lynch and Bank of America's responses to the complaint are due by April 25, 2019. Signed by Magistrate Judge Thomas B. Smith on 4/12/2019. (Smith, Thomas)
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| Filing 14 Unopposed MOTION for Extension of Time to File Answer CORRECTION OF DOCKET #13 by Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Olin, Keith) Motions referred to Magistrate Judge Thomas B. Smith. |
| Filing 13 Unopposed MOTION for Extension of Time to File Answer to Complaint by Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Olin, Keith) Motions referred to Magistrate Judge Thomas B. Smith. |
| Filing 12 NOTICE of pendency of related cases per Local Rule 1.04(d) re #6 Related case order and track 2 notice by Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. Related case(s): No (Olin, Keith) Modified on 4/15/2019 (BIA). |
| Set deadlines: Answer due by 4/25/2019. (BIA) |
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Filing 11
ORDER granting in part and denying in part #10 Motion for Extension of Time to Answer or respond. Signed by Magistrate Judge Thomas B. Smith on 4/11/2019.(Smith, Thomas)
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| Filing 10 MOTION for Extension of Time to File Answer re #1 Notice of Removal by Wells Fargo Bank, N.A.. (Parrino, Marc) Motions referred to Magistrate Judge Thomas B. Smith. |
| Filing 9 CERTIFICATE of service by Wheels Investments, LLC re #7 Interested persons order, #6 Related case order and track 2 notice . (Stimler, Jonathan) |
| Filing 8 NOTICE by Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated of Filing Civil Cover Sheet (Attachments: #1 Exhibit A)(Olin, Keith) |
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Filing 7
INTERESTED PERSONS ORDER to the parties. Certificate of interested persons and corporate disclosure statement due by 4/24/2019. Signed by Judge Gregory A. Presnell on 4/10/2019. Copies mailed. (LAM)
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Filing 6
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 4/24/2019. Signed by Judge Gregory A. Presnell on 4/10/2019. Copies mailed. (LAM)
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Filing 5
ORDER to Show Cause why this case should not be dismissed for lack of subject matter jurisdiction. Signed by Magistrate Judge Thomas B. Smith on 4/10/2019. (Smith, Thomas)
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| Set deadlines: Show Cause Response due by 4/24/2019 (BIA) |
| Filing 4 NOTICE of Appearance by J. Randolph Liebler on behalf of Wells Fargo Bank N.A. (Liebler, J.) |
| Filing 3 NOTICE of Appearance by Marc Thomas Parrino on behalf of Wells Fargo Bank N.A. (Parrino, Marc) |
| Filing 2 NEW CASE ASSIGNED to Judge Gregory A. Presnell and Magistrate Judge Thomas B. Smith. New case number: 6:19-cv-658-Orl-31TBS. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Ninth Judicial Circuit in and for Orange County, case number 2019-CA-003144-O filed in State Court on 3/12/2019. Filing fee $ 400, receipt number 113A-15330522 filed by Bank of America N.A., Merrill Lynch Pierce Fenner & Smith Inc.. (Attachments: #1 State Court Docket Sheet Exhibit A, #2 Civil Cover Sheet Exhibit A, #3 State Court COMPLAINT Exhibit A, #4 Proposed Summons Exhibit A, #5 Proposed Summons Exhibit A, #6 Proposed Summons Exhibit A, #7 Affidavit Exhibit A, #8 Affidavit Exhibit A, #9 Affidavit Exhibit A, #10 Exhibit Exhibit B)(Olin, Keith) |
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