Emerson v. Haymaker et al
| Eric Emerson |
| Richard J. Walsh, Gideon T. Haymaker, Brian P. Golson, United Community Banks, Inc., John D. Cochran, Thomas J. O'Shane and Charles E. Bailes, III |
| 6:2020cv01675 |
| September 11, 2020 |
| US District Court for the Middle District of Florida |
| Paul G Byron |
| Daniel C Irick |
| Stockholders Suits |
| 28 U.S.C. § 1332 fd |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 2, 2020. A more recent docket listing may be available from PACER.
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Filing 44
ORDER re #43 Notice of Voluntary Dismissal. Plaintiff's claims are DISMISSED WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to terminate any pending deadlines and close the file. Signed by Judge Paul G. Byron on 11/2/2020. (CPH)
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| Filing 43 NOTICE of voluntary dismissal by Eric Emerson (Rogovin, Michael) |
| Filing 42 CASE REFERRED to Mediation. (MEJ) |
| Filing 41 MEMORANDUM in Opposition re #35 MOTION to Remand to State Court and Incorporated Memorandum of Law in Support filed by United Community Banks, Inc.. (Newman, Daniel) Modified text on 10/27/2020 (MEJ). |
| Filing 40 RESPONSE in Opposition re #35 MOTION to Remand to State Court and Incorporated Memorandum of Law in Support filed by Charles E. Bailes, III, John D. Cochran, Brian P. Golson, Gideon T. Haymaker, Thomas J. O'Shane, Richard J. Walsh. (Galicia, Esther) Modified text on 10/27/2020 (MEJ). |
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Filing 39
ORDER directing the parties to confer and advise the Court on the selection of a mediator within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 10/26/2020. (GNB) copies e-mailed
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Filing 38
CASE MANAGEMENT AND SCHEDULING ORDER. Amended Pleadings due by 12/14/2020, Joinder of Parties due by 12/14/2020, Discovery due by 12/1/2021, Dispositive motions due by 1/3/2022, Pretrial statement due by 4/18/2022, All other motions due by 4/25/2022, Plaintiff disclosure of expert report due by 10/1/2021, Defendant disclosure of expert report due by 11/1/2021, Final Pretrial Conference set for 5/17/2022 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Jury Trial set for 6/6/2022 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 12/15/2021. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 10/26/2020. (GNB) copies e-mailed
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| Filing 37 CASE MANAGEMENT REPORT. (Newman, Daniel) |
| Filing 36 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Eric Emerson. (Rogovin, Michael) |
| Filing 35 MOTION to Remand to State Court and Incorporated Memorandum of Law in Support by Eric Emerson. (Rogovin, Michael) |
| Set/reset deadlines as to #26 MOTION to Dismiss Counts I through VI of #1 Complaint, with Incorporated Memorandum of Law, #24 MOTION to Dismiss #1 Complaint for Failure to State a Claim. Responses due by 11/2/2020 (MEJ) |
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Filing 34
ENDORSED ORDER granting #33 Motion for Extension of Time to File Response / Reply. Plaintiff is ORDERED to file its Remand Motion on or before October 12, 2020. Plaintiff is ORDERED to file its Response to Defendants' Motions to Dismiss on or before November 2, 2020. Because the Court will resolve the question of subject-matter jurisdiction first, the Court will grant the instant Motion to establish a deadline for Plaintiff's Remand Motion and to grant a one-time extension for Plaintiff's Response. However, the Court is not inclined to delay these proceedings, and no further extensions will be granted. Signed by Judge Paul G. Byron on 10/1/2020. (CPH)
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| Filing 33 Unopposed MOTION for Extension of Time to File Response/Reply to #26 MOTION to Dismiss Counts I through VI of 1 Complaint, #24 MOTION to Dismiss Plaintiff's Complaint by Eric Emerson. (Rogovin, Michael) Modified docket text on 10/1/2020 (MEJ). |
| Filing 32 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by United Community Banks, Inc.. Related case(s): No (Newman, Daniel) |
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Filing 31
ORDER granting #29 Motion to Appear Pro Hac Vice; granting #30 Motion to Appear Pro Hac Vice. See Order. Signed by Magistrate Judge Daniel C. Irick on 9/29/2020. (RN)
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| Filing 30 MOTION for Michael A. Rogovin to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17364636 for $150 by Eric Emerson. (Colvin, John) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 29 MOTION for Richard A. Acocelli to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17364588 for $150 by Eric Emerson. (Colvin, John) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 28 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by Charles E. Bailes, III, John D. Cochran, Brian P. Golson, Gideon T. Haymaker, Thomas J. O'Shane, Richard J. Walsh. Related case(s): no (Ackerman, Joseph) Modified docket text on 9/30/2020 (MEJ). |
| Filing 27 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order Individual Defendants' Certificate of Interested Persons and Corporate Disclosure Statement by Charles E. Bailes, III, John D. Cochran, Brian P. Golson, Gideon T. Haymaker, Thomas J. O'Shane, Richard J. Walsh. (Ackerman, Joseph) |
| Filing 26 MOTION to Dismiss Counts I through VI of #1 Complaint, with Incorporated Memorandum of Law by Charles E. Bailes, III, John D. Cochran, Brian P. Golson, Gideon T. Haymaker, Thomas J. O'Shane, Richard J. Walsh. (Attachments: #1 Exhibit)(Ackerman, Joseph) Modified docket text on 9/29/2020 (MEJ). |
| Filing 25 CERTIFICATE of Interested persons and Corporate Disclosure Statement re #9 Interested person Order by United Community Banks, Inc. identifying Corporate Parent United Community Banks, Inc. for United Community Banks, Inc. (Newman, Daniel) Modified docket text on 9/29/2020 (MEJ). |
| Filing 24 MOTION to Dismiss #1 Complaint for Failure to State a Claim by United Community Banks, Inc.. (Newman, Daniel) Modified docket text on 9/29/2020 (MEJ). |
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Filing 23
ORDER denying #19 Motion to Stay Deadlines Until the Court Determines Jurisdiction. The parties shall comply with their current deadlines. See Order for details. Signed by Judge Paul G. Byron on 9/25/2020. (CPH) (GNB).
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| Filing 22 NOTICE of Clerical Error by United Community Banks, Inc. in re to #20 Unopposed Motion to Specially Admit Cory E. Manning as Counsel for United Community Banks, Inc. (Newman, Daniel) Modified docket text on 9/28/2020 (MEJ). |
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Filing 21
ORDER granting #20 Motion for Cory E. Manning to Appear Pro Hac Vice. Signed by Magistrate Judge Daniel C. Irick on 9/25/2020. (LAK)
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| Filing 20 MOTION for Cory E. Manning to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17352871 for $150 by United Community Banks, Inc.. (Newman, Daniel) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 19 Unopposed MOTION to Stay Deadlines until the Court Determines Jurisdiction by Eric Emerson. (Colvin, John) Modified event on 9/24/2020 (MEJ). |
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Filing 18
ENDORSED ORDER granting #17 Unopposed Motion for Extension of Time. On or before 9/28/2020, Defendants shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 9/18/2020. (Irick, Daniel)
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| Filing 17 Unopposed MOTION for Extension of Time to File Answer to Plaintiff's Complaint by All Defendants. (Newman, Daniel) |
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Filing 16
ENDORSED ORDER denying without prejudice #14 Motion for Extension of Time to File. The parties have not identified good cause for the requested extensions, as required by Rule 6(b)(1). Signed by Judge Paul G. Byron on 9/17/2020. (JRR)
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Filing 15
ENDORSED ORDER: Local Rule 4.04(b) requires Plaintiff to file for a determination under Fed. R. Civ. P 23(c)(1) as to whether the case is to be maintained as a class action within ninety (90) days following the filing of the initial complaint. The Court recognizes that the timeframe prescribed in Rule 4.04(b) is abbreviated and therefore waives this deadline. The parties are DIRECTED to confer regarding deadlines pertinent to a motion for class certification and advise the Court of agreeable deadlines in their case management report. The deadlines should include a deadline for (1) disclosure of expert reports - class action, plaintiff and defendant; (2) discovery - class action; (3) motion for class certification; (4) response to motion for class certification; and (5) reply to motion for class certification. Signed by Judge Paul G. Byron on 9/17/2020. (GNB) copies e-mailed
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| Filing 14 Joint MOTION for Extension of Time to File and for Adoption of Briefing Schedule by United Community Banks, Inc.. (Newman, Daniel) |
| Filing 13 NOTICE to counsel Michael Rogovin of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (MEJ) |
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Filing 12
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (RN)
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| Filing 11 NOTICE to counsel Cory E. Manning of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (MEJ) |
| Filing 10 NOTICE to counsel Jennifer L. Jokerst of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov (Signed by Deputy Clerk). (MEJ) |
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Filing 9
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 9/15/2020. (GNB) copies e-mailed
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Filing 8
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 9/15/2020. (GNB) copies e-mailed
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| Filing 7 NOTICE of Appearance by Esther E. Galicia on behalf of Charles E. Bailes, III, John D. Cochran, Brian P. Golson, Gideon T. Haymaker, Thomas J. O'Shane, Richard J. Walsh (Galicia, Esther) |
| Filing 6 NOTICE of Appearance by Ronald D. Shindler on behalf of Charles E. Bailes, III, John D. Cochran, Brian P. Golson, Gideon T. Haymaker, Thomas J. O'Shane, Richard J. Walsh (Shindler, Ronald) Modified on 9/15/2020 (MEJ). |
| Filing 5 NOTICE of Joinder in Notice of Removal by Charles E. Bailes, III, John D. Cochran, Brian P. Golson, Gideon T. Haymaker, Thomas J. O'Shane, Richard J. Walsh re #1 Notice of Removal (Ackerman, Joseph) Modified on 9/15/2020 (MEJ). |
| Filing 4 NOTICE of Appearance by Joseph Laurence Ackerman, Jr on behalf of Charles E. Bailes, III, John D. Cochran, Brian P. Golson, Gideon T. Haymaker, Thomas J. O'Shane, Richard J. Walsh (Ackerman, Joseph) Modified on 9/15/2020 (MEJ). |
| Filing 3 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Daniel C. Irick. New case number: 6:20-cv-1675-Orl-40DCI. (SJB) |
| Filing 2 CORPORATE Disclosure Statement by United Community Banks, Inc. identifying Corporate Parent UCBI for United Community Banks, Inc... (Attachments: #1 Certificate of Service)(Newman, Daniel) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida, case number 2020-CA-008108-O filed in State Court on 8/11/2020. filed by United Community Banks, Inc.. (Attachments: #1 State Court COMPLAINT, #2 State Court Other Documents, #3 Exhibit A - Declaration ISO Notice of Removal, #4 Exhibit B - GA Corporations Division, #5 Civil Cover Sheet)(Newman, Daniel) |
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