Dickey v. BNY Investment Management Services, LLC
Plaintiff: James Dickey
Defendant: BNY Mellon Capital Markets LLC, BNY Investment Management Services, LLC and BNY Mellon Capital Markets, LLC
Case Number: 6:2020cv02089
Filed: November 12, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Anne C Conway
Referring Judge: Embry J Kidd
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 7, 2021 Opinion or Order Filing 40 ENDORSED ORDER granting #29 Unopposed Motion to Correct Case Caption and Remove BNY Mellon Capital Markets, LLC as defendant. The Clerk is directed to remove BNY Mellon Capital Markets, LLC as a defendant and correct the case caption to read as follows: James Dickey, Plaintiff, v. BNY Investment Management Services, LLC, Defendant.Signed by Magistrate Judge Embry J. Kidd on 1/7/2021. (JLS)
January 6, 2021 Filing 39 CERTIFICATE of interested persons and corporate disclosure statement re #3 Related case/interested persons/ECF-2 by BNY Investment Management Services, LLC identifying Corporate Parent The Bank of New York Mellon Corporation for BNY Investment Management Services, LLC. (Schwartz, Jurate) Modified text on 1/7/2021 (MEJ).
January 4, 2021 Filing 38 WAIVER of service returned executed on January 4, 2021 by James Dickey as to BNY Investment Management Services, LLC. (Regueiro, Rainier)
January 4, 2021 Opinion or Order Filing 37 ORDER: The Order to Show Cause [Doc.30] is discharged. Signed by Judge Anne C. Conway on 1/4/2021. (Conway, Anne)
January 4, 2021 Filing 36 NOTICE of mediation conference/hearing to be held on Friday, May 6, 2022 at 10:00 AM before Carlos Barruezo. (Regueiro, Rainier)
January 4, 2021 Filing 35 NOTICE by James Dickey re #34 Notice of mediation conference/hearing Notice of Striking DE34 (Regueiro, Rainier)
January 4, 2021 Filing 34 NOTICE of Filing Proposed Order Scheduling Mediation. (Attachments: #1 Text of Proposed Order PROPOSED ORDER)(Regueiro, Rainier) Modified text on 1/5/2021 (MEJ).
January 4, 2021 Filing 33 NOTICE of compliance re #28 Order by BNY Investment Management Services, LLC (Schwartz, Jurate)
December 30, 2020 Filing 32 NOTICE of pendency of related cases re #3 Related Cases Order per Local Rule 1.04(d) by James Dickey. Related case(s): No (Regueiro, Rainier) Modified text on 1/4/2021 (MEJ).
December 30, 2020 Filing 31 RESPONSE TO ORDER TO SHOW CAUSE by James Dickey re #30 Order to show cause (Regueiro, Rainier) Modified text on 1/4/2021 (MEJ).
December 30, 2020 Opinion or Order Filing 30 ORDER to show cause as to James Dickey as to why the action should not be dismissed for failure to prosecute for failure to comply with the Related Case Order #3 and file his Notice of Pendency of other actions. Show Cause Response due by 1/15/2021. Signed by Judge Anne C. Conway on 12/30/2020. (copies mailed/emailed)(AKC)
December 22, 2020 Filing 29 Unopposed MOTION to Correct Case Caption and Incorporated Memorandum of Law by BNY Mellon Capital Markets, LLC. (Schwartz, Jurate) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 12/22/2020 (MEJ).
December 21, 2020 Opinion or Order Filing 28 ORDER directing Defendant BNY Investment Management Services LLC shall advise the court by 1/15/21 at to whether the results of this litigation have the potential to substantially affect the Bank of New York Mellon Corporation's balance sheets - re #21 Amended Complaint filed by James Dickey. Signed by Judge Anne C. Conway on 12/18/2020. (counsel emailed/emailed)(AKC)
December 21, 2020 Filing 27 CASE REFERRED to Mediation (emailed mediator). (MEJ)
December 18, 2020 Opinion or Order Filing 26 ORDER denying as moot #13 Motion to Dismiss for Lack of Jurisdiction; denying as moot #13 Motion to Dismiss for Failure to State a Claim; denying as moot #13 Motion for Summary Judgment without prejudice to refile in response to the Amended Complaint, if applicable.. Signed by Judge Anne C. Conway on 12/18/2020. (Conway, Anne)
December 18, 2020 Opinion or Order Filing 25 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 1/14/2021, Joinder of Parties due by 1/14/2021, Discovery due by 5/2/2022, Dispositive motions due by 6/2/2022, Pretrial statement due by 9/19/2022, All other motions due by 7/11/2022, Plaintiff disclosure of expert report due by 3/4/2022, Defendant disclosure of expert report due by 4/4/2022, Jury Trial set for 11/1/2022 at 09:00 AM in Orlando Courtroom 6 A before Judge Anne C. Conway., Conduct mediation hearing by 5/16/2022. Lead counsel to contact opposing counsel and mediator, coordinate dates, and file a notice with the court WITHIN 14 DAYS FROM THE DATE OF THIS ORDER advising the court of the date of the scheduled mediation. Signed by Judge Anne C. Conway on 12/18/2020. (copies mailed/emailed)(AKC)
December 18, 2020 Filing 24 SUMMONS issued as to BNY Investment Management Services, LLC. (MEJ)
December 17, 2020 Filing 23 CASE MANAGEMENT REPORT. (Attachments: #1 Text of Proposed Order Jointly Stipulated Confidentiality Order)(Regueiro, Rainier)
December 17, 2020 Filing 22 PROPOSED summons to be issued by James Dickey. (Regueiro, Rainier)
December 17, 2020 Filing 21 AMENDED COMPLAINT Refiled Corrected First Amended Complaint against BNY Investment Management Services, LLC with Jury Demand. filed by James Dickey. Related document: #20 Amended Complaint filed by James Dickey.(Regueiro, Rainier)
December 16, 2020 Filing 20 (Filed in Error; Attorney to refile) AMENDED COMPLAINT against James Dickey with Jury Demand. filed by James Dickey.(Regueiro, Rainier) Modified on 12/17/2020 (MEJ).
December 11, 2020 Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #3 Related case/interested persons/ECF-2 by James Dickey. (Regueiro, Rainier)
December 11, 2020 Filing 18 NOTICE by James Dickey re #17 Order directing compliance of Good Cause (Regueiro, Rainier)
December 9, 2020 Opinion or Order Filing 17 ORDER directing Plaintiff's compliance to Related Case and Interested Persons Order #3. Responses due by 12/21/2020. Failure to respond shall result in sanctions upon counsel. Signed by Judge Anne C. Conway on 12/8/2020. (copies mailed/emailed)(AKC)
December 4, 2020 Opinion or Order Filing 16 ENDORSED ORDER granting #14 Motion for Permission to Meet Via Videoconference. Signed by Magistrate Judge Embry J. Kidd on 12/4/2020. (Kidd, Embry)
December 4, 2020 Opinion or Order Filing 15 ENDORSED ORDER denying as moot #12 Motion for Permission to Meet Via Videoconference in light of the #14 Amended Motion. Signed by Magistrate Judge Embry J. Kidd on 12/4/2020. (Kidd, Embry)
December 3, 2020 Filing 14 Amended MOTION for Permission to Meet Via Videoconference by James Dickey. (Regueiro, Rainier) Modified event on 12/4/2020 (MEJ).
December 3, 2020 Filing 13 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim , MOTION for Summary Judgment by BNY Mellon Capital Markets, LLC. (Attachments: #1 Exhibit A- Declaration of Mancino)(Schwartz, Jurate)
December 3, 2020 Filing 12 Unopposed MOTION for Permission to Meet Via Videoconference by James Dickey. (Regueiro, Rainier) Modified event on 12/4/2020 (MEJ).
November 18, 2020 Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #3 Related case/interested persons/ECF-2 by BNY Mellon Capital Markets, LLC identifying Corporate Parent The Bank of New York Mellon Corporation for BNY Mellon Capital Markets, LLC.. (Schwartz, Jurate)
November 18, 2020 Filing 10 NOTICE of pendency of related cases re #3 Related Cases Order per Local Rule 1.04(d) by BNY Mellon Capital Markets, LLC. Related case(s): No (Schwartz, Jurate) Modified text on 11/19/2020 (MEJ).
November 18, 2020 Filing 9 NOTICE of compliance re #6 Order by BNY Mellon Capital Markets, LLC (Schwartz, Jurate)
November 18, 2020 Set/reset deadlines/hearings: Response to Complaint due by 12/3/2020. (MEJ)
November 17, 2020 Opinion or Order Filing 8 ENDORSED ORDER granting #7 Motion for Extension of Time to Answer. Defendant may have until and through December 3, 2020, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 11/17/2020. (Kidd, Embry)
November 17, 2020 Filing 7 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal or to File a Response to the Complaint by BNY Mellon Capital Markets, LLC. (Schwartz, Jurate) Motions referred to Magistrate Judge Embry J. Kidd.
November 16, 2020 Opinion or Order Filing 6 ORDER directing Defendant to notify the court by November 30, 2020 if the results of this litigation have the potential to substantially affect the Bank of New York Mellon Corporation's balance sheets - re #1 Notice of Removal filed by BNY Mellon Capital Markets, LLC. Signed by Judge Anne C. Conway on 11/13/2020. (Copies mailed/emailed)(AKC)
November 13, 2020 Filing 5 NOTICE of Filing Civil Cover Sheet by BNY Mellon Capital Markets, LLC re #1 Notice of Removal (Attachments: #1 Civil Cover Sheet)(Schwartz, Jurate) Modified text on 11/16/2020 (MEJ).
November 12, 2020 Filing 4 CORPORATE Disclosure Statement by BNY Mellon Capital Markets LLC identifying Corporate Parent The Bank of New York Mellon Corporation for BNY Mellon Capital Markets LLC.. (Schwartz, Jurate)
November 12, 2020 Opinion or Order Filing 3 RELATED CASE ORDER, NOTICE OF DESIGNATION under Local Rule 3.05-Track 2, INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing for both Plaintiff and Defendant. Notice of pendency of other actions due by 11/27/2020. Certificate of interested persons and corporate disclosure statement due by 11/27/2020. Signed by Judge Anne C. Conway on 11/12/2020. (counsel mailed/emailed)(AKC)
November 12, 2020 Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Embry J. Kidd. New case number: 6:20-cv-2089-ORL-22EJK. (LRB)
November 12, 2020 Filing 1 COMPLAINT and NOTICE OF REMOVAL from 9th Judicial Circuit, Orange County, FL, case number 2020-CA-009759-O filed in State Court on 09/30/2020. Filing fee $ 400, receipt number 113A-17540241 filed by BNY Mellon Capital Markets LLC. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Schwartz, Jurate)

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Defendant: BNY Mellon Capital Markets LLC
Represented By: Jurate Schwartz
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Defendant: BNY Investment Management Services, LLC
Represented By: Jurate Schwartz
Represented By: Tulio D. Chirinos
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Defendant: BNY Mellon Capital Markets, LLC
Represented By: Jurate Schwartz
Represented By: Tulio D. Chirinos
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Plaintiff: James Dickey
Represented By: Rainier Regueiro
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