Lezcano v. Early Warning Services LLC et al
| Lesly Lezcano |
| Early Warning Services, LLC, Bank of America NA and Bank of America Corporation |
| 6:2023cv00674 |
| April 13, 2023 |
| US District Court for the Middle District of Florida |
| Carlos E Mendoza |
| Leslie Hoffman Price |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 46 NOTICE of filing: Declaration of Matthew D. Benedetto re #45 MOTION to Dismiss Amended Complaint by Bank of America NA (Attachments: #1 Affidavit /Declaration of Matthew D. Benedetto, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Benedetto, Matthew ) Modified on 6/8/2023 (SPM). |
| Filing 45 MOTION to Dismiss Amended Complaint by Bank of America NA. (Benedetto, Matthew ) |
| Filing 44 NOTICE of Local Counsel Appearance by J. Randolph Liebler on behalf of Bank of America NA (Liebler, J.) |
| Filing 43 CASE REFERRED to Mediation. (SPM) |
Filing 42
STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (MKH)
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Filing 41
ORDER directing the parties to confer, and then advise the Court, on the selection of a mediator, on or before June 15, 2023. Signed by Judge Carlos E. Mendoza on 6/1/2023. (MEH)
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Filing 40
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/2/2023 Joinder of Parties due by 8/2/2023 Discovery due by 10/4/2024 Dispositive motions due by 11/5/2024 Pretrial statement due by 3/10/2025 All other motions due by 3/10/2025 Plaintiff disclosure of expert report due by 8/6/2024 Defendant disclosure of expert report due by 9/5/2024 Trial Status Conference set for 3/20/2025 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza Jury Trial set for the April 2025 trial term in Jacksonville Courtroom 5B before Judge Carlos E. Mendoza. Conduct mediation hearing by 10/18/2024. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 6/1/2023. (MEH)
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Filing 39
ENDORSED ORDER denying as moot #34 Motion to Dismiss in light of #38 Amended Complaint. Signed by Judge Carlos E. Mendoza on 5/25/2023. (KMS)
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| Filing 38 AMENDED COMPLAINT against Bank of America NA with Jury Demand. filed by Lesly Lezcano.(Yanchunis, John) |
| Filing 37 CASE MANAGEMENT REPORT. (Yanchunis, John) |
| Filing 36 (Re-filed. See #37.)CASE MANAGEMENT REPORT. (Yanchunis, John) Modified on 5/24/2023 (SPM). |
| Filing 35 NOTICE of filing: Declaration of Matthew D. Benedetto by Bank of America NA re #34 MOTION to Dismiss Plaintiff's Complaint and Accompanying Memorandum (Attachments: #1 Affidavit /Declaration of Matthew D. Benedetto, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Benedetto, Matthew ) Modified on 5/4/2023 (SPM). |
| Filing 34 MOTION to Dismiss Plaintiff's Complaint and Accompanying Memorandum by Bank of America NA. (Benedetto, Matthew ) |
| Filing 33 NOTICE of Appearance by Noah Levine on behalf of Bank of America NA (Levine, Noah) |
| Filing 32 NOTICE of Appearance by Matthew D. Benedetto on behalf of Bank of America NA (Benedetto, Matthew ) |
| Filing 31 NOTICE TO COUNSEL J. Randolph Liebler of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (SPM) |
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Filing 30
ORDER granting #26 Motion to Appear Pro Hac Vice; granting #27 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 4/28/2023. (MKH)
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| Filing 29 NOTICE of a related action per Local Rule 1.07(c) by Bank of America NA. Related case(s): No (Starks, Michael) |
| Filing 28 CERTIFICATE of interested persons and corporate disclosure statement by Bank of America NA identifying Other Affiliate Bank of America Corporation, Other Affiliate Berkshire Hathaway Inc., Other Affiliate BAC North America Holding Company, Other Affiliate NB Holdings Corporation for Bank of America NA. (Starks, Michael) |
| Filing 27 Unopposed MOTION for Noah Levine to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20777036 for $150 by Bank of America NA. (Starks, Michael) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 26 Unopposed MOTION for Matthew D. Benedetto to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20776992 for $150 by Bank of America NA. (Starks, Michael) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 25 NOTICE of Local Counsel Appearance by Michael D. Starks on behalf of Bank of America NA (Starks, Michael) |
| Filing 24 CERTIFICATE of interested persons and corporate disclosure statement by Lesly Lezcano. (Yanchunis, John) |
| Filing 23 NOTICE of a related action per Local Rule 1.07(c) by Lesly Lezcano. Related case(s): No (Yanchunis, John) |
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Filing 22
NOTICE TO COUNSEL AND PARTIES: The Orlando Division of the Middle District of Florida is currently operating in a Judicial Emergency due to a judicial vacancy and the number of cases in the division. Accordingly, civil cases, and especially newly filed civil cases, will be the Court's lowest priority unless emergency issues are presented. Counsel and the parties are encouraged to consider consenting to the Magistrate Judge for the entire case or disposition of any dispositive motions in order to have their case considered on a more timely basis. Signed by Judge Carlos E. Mendoza on 4/14/2023. (MEH)
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Filing 21
NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 4/14/2023. (MEH)
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Filing 20
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 4/14/2023. (MEH)
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| Filing 19 TRANSFER IN from the District of Arizona. Case assigned to District Judge Carlos E. Mendoza and Magistrate Judge Leslie Hoffman Price. New Case Number: 6:23-cv-674-CEM-LHP. (RPB) |
| Filing 18 Case transferred in from District of Arizona; Case Number 2:23-cv-00115. File received electronically |
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Filing 17
ORDER granting Plaintiff's Unopposed Motion to Transfer to the Middle District of Florida (Doc. #14). The Clerk shall transfer this action to the U.S. District Court for the Middle District of Florida, Orlando Division, as expeditiously as is practicable. Signed by Judge John J Tuchi on 4/13/23. (SMF) [Transferred from azd on 4/13/2023.]
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Filing 16
ORDER: IT IS ORDERED granting the parties' Stipulation for Extension of Time (Doc. #15). IT IS FURTHER ORDERED that Defendant Bank of America, N.A. shall have 20 days after this Court's ruling on the Motion to Transfer (Doc. #14) to file its Answer or otherwise respond to Plaintiff's Class Action Complaint (Doc. #1). Signed by Judge John J Tuchi on 4/5/2023. (JAMA) [Transferred from azd on 4/13/2023.]
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| Filing 15 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint by Bank of America NA. (Attachments: #1 Proposed Order)(Marshall, Gregory) [Transferred from azd on 4/13/2023.] |
| Filing 14 MOTION to Change Venue/Transfer Case to United States District Court for the Middle District of Florida, Orlando Division Unopposed by Lesly Lezcano. (Attachments: #1 Appendix, #2 Proposed Order)(Yanchunis, John) [Transferred from azd on 4/13/2023.] |
| Filing 13 NOTICE of Party Dismissal by Lesly Lezcano. Party Bank of America Corporation and Early Warning Services LLC terminated. (Yanchunis, John) [Transferred from azd on 4/13/2023.] |
| Remark: Pro hac vice motion(s) granted for Ra O Amen on behalf of Plaintiff Lesly Lezcano. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from azd on 4/13/2023.] |
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Filing 12
ORDER: IT IS HEREBY ORDERED granting the Stipulation for Extension of Time (Doc. #11). IT IS FURTHER ORDERED extending the deadline for Defendant EWS to file an Answer or otherwise respond to Plaintiff's Complaint (Doc. #1) to April 3, 2023. Signed by Judge John J Tuchi on 2/23/2023. (JAMA) [Transferred from azd on 4/13/2023.]
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| Filing 11 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint Stipulation for Extension of Time by Early Warning Services LLC. (Attachments: #1 Proposed Order)(Maskovich, Jacob) [Transferred from azd on 4/13/2023.] |
| Remark: Out of state attorney Ra O Aman terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from azd on 4/13/2023.] |
| Filing 10 SERVICE EXECUTED filed by Lesly Lezcano: Return of Service re: Complaint with Attachments upon Early Warning Services, LLC c/o Cogency Global, Inc. on 01/30/2023. (Yanchunis, John) [Transferred from azd on 4/13/2023.] |
| Filing 9 SERVICE EXECUTED filed by Lesly Lezcano: Rule 4 Waiver of Service of Summons. Waiver sent on 01/31/2023 to Bank of America, N.A. and Bank of America Corp. . (Yanchunis, John) [Transferred from azd on 4/13/2023.] |
| Filing 8 Summons Issued as to Bank of America Corporation, Bank of America NA, Early Warning Services LLC. (Attachments: #1 Summons, #2 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from azd on 4/13/2023.] |
| Filing 7 SUMMONS Submitted by Lesly Lezcano. (Yanchunis, John) [Transferred from azd on 4/13/2023.] |
| Filing 6 SUMMONS Submitted by Lesly Lezcano. (Yanchunis, John) [Transferred from azd on 4/13/2023.] |
| Filing 5 SUMMONS Submitted by Lesly Lezcano. (Yanchunis, John) [Transferred from azd on 4/13/2023.] |
| Remark: Pro hac vice motion(s) granted for John A Yanchunis on behalf of Plaintiff Lesly Lezcano. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from azd on 4/13/2023.] |
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Filing 4
ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on April 19, 2023. (See attached Order). Signed by Judge John J Tuchi on 1/20/2023. (JAMA) [Transferred from azd on 4/13/2023.]
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Filing 3
ORDER: IT IS HEREBY ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12(b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 1/20/2023. (JAMA) [Transferred from azd on 4/13/2023.]
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| Filing 2 Filing fee paid, receipt number AAZDC-21506657. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-23-115-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) [Transferred from azd on 4/13/2023.] |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21506657 filed by Lesly Lezcano. (Flores, Krystal) (Attachments: #1 Civil Cover Sheet)(MYE) [Transferred from azd on 4/13/2023.] |
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