WLA Real Estate, LLC v. Fifth Third Bank, National Association
| WLA Real Estate, LLC |
| Fifth Third Bank, National Association |
| Bradford D. Kimbro |
| World Language Academy LLC |
| 6:2023cv01127 |
| June 15, 2023 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Leslie Hoffman Price |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 ENTERED IN ERROR (MCB). |
| Filing 39 SUMMONS issued as to World Language Academy LLC. (MCB) |
| Filing 38 MOTION to Strike #1 Notice of Removal Demand for Jury Trial in Complaint by Fifth Third Bank, National Association. (Attachments: #1 Exhibit A)(Holmes, Brandon) Modified text on 11/17/2023 (MCB). |
| Filing 37 PROPOSED summons to be issued by Fifth Third Bank, National Association. (Holmes, Brandon) |
| Filing 36 ANSWER and affirmative defenses to Complaint , THIRD PARTY COMPLAINT against World Language Academy LLC by Fifth Third Bank, National Association. (Attachments: #1 Exhibit A to Affirmative Defenses, #2 Exhibit A to Third Party Complaint)(Holmes, Brandon) Modified text on 11/17/2023 (MCB). |
Filing 35
ENDORSED ORDER denying without prejudice #34. The motion fails to recite discovery completed to date or otherwise demonstrate the parties' diligence in meeting the Court imposed deadlines, and it is untimely for being filed after the deadline for Plaintiff's expert disclosures. See CMSO ("[m]otions to extend other deadlines established in the CMSO--especially the discovery deadline--are strongly disfavored..."; see Fed. R. Civ. P. 16(b)(4); see also Fed. R. Civ. P. 6(b)(1)(B). Signed by Judge Roy B. Dalton, Jr. on 11/9/2023. (AKM)
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| Set/reset deadlines/hearings: Defendant's Answer is due by 11/16/2023. (JTM) |
| Filing 34 Joint MOTION for Extension of Time to Complete Discovery and Other Pre-trial Deadlines by Fifth Third Bank, National Association. (Holmes, Brandon) Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 33
It is hereby ORDERED AND ADJUDGED that Defendant's motion to dismiss (Doc. #19) is DENIED. By Thursday, November 16, 2023, Defendant must answer theComplaint. Signed by Judge Roy B. Dalton, Jr. on 11/7/2023. (ALL)
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| Filing 32 Minute Entry for In Person Proceedings held before Judge Roy B. Dalton, Jr.: MOTION HEARING held on 11/2/2023 re #19 MOTION to Dismiss Complaint filed by Fifth Third Bank, National Association. Court Reporter: Amie First. (ALL) |
| Filing 31 NOTICE of hearing on motion re #19 MOTION to Dismiss Complaint . Motion Hearing set for 11/2/2023 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. (ALL) |
| Filing 30 NOTICE of mediation conference/hearing to be held on January 10, 2024 @1:00 pm before Bradford D. Kimbro, Esq. (Cavonis, Paul) Modified on 9/6/2023 to edit docket text (AJS). |
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Filing 29
ORDER to strike re: #28 Plaintiff WLA Real Estate, LLC's Initial Disclosures. Signed by Magistrate Judge Leslie Hoffman Price on 8/31/2023. (MKH)
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| Filing 28 **STRICKEN per Order 29** NOTICE by WLA Real Estate, LLC Initial Disclosures (Cavonis, Paul) Modified on 9/1/2023 as to docket text (ARL). |
| Filing 27 NOTICE of a related action per Local Rule 1.07(c) by Fifth Third Bank, National Association. Related case(s): Yes (Holmes, Brandon) |
| Filing 26 NOTICE of Pendency of Other Actions by WLA Real Estate, LLC (Cavonis, Paul) Modified text on 8/21/2023 (BD). |
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Filing 25
STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (MKH)
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Filing 24
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/22/2023, Joinder of Parties due by 9/22/2023, Discovery due by 12/29/2023, Dispositive motions due by 1/30/2024, Pretrial statement due by 6/13/2024, All other motions due by 5/30/2024, Plaintiff disclosure of expert report due by 10/31/2023, Defendant disclosure of expert report due by 11/30/2023, Final Pretrial Conference set for 6/20/2024 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Trial (TBD) set for term commencing 7/1/2024 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Conduct mediation hearing by 1/12/2024. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 8/17/2023. (ALL)
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Filing 23
It is hereby ORDERED AND ADJUDGED that on or before August 25, 2023, the parties are DIRECTED to file a Notice of Pendency of Other Actions to comply with the Court's Order (Doc. #10). Signed by Judge Roy B. Dalton, Jr. on 8/11/2023. (ALL)
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| Filing 22 CASE MANAGEMENT REPORT. (Cavonis, Paul) |
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Filing 21
It is ORDERED that the parties are DIRECTED to file a joint Case Management Report no later than August 17, 2023. Signed by Judge Roy B. Dalton, Jr. on 8/2/2023. (ALL)
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| Filing 20 MEMORANDUM in opposition re #19 Motion to Dismiss filed by WLA Real Estate, LLC. (Cavonis, Paul) |
| Filing 19 MOTION to Dismiss Complaint by Fifth Third Bank, National Association. (Holmes, Brandon) |
| Filing 18 Remark: Doc. #15 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 6/29/2023. (JLR) |
| Filing 17 Remark: Docs. #7 & #12 have been reviewed. Signed by Judge Roy B. Dalton, Jr. on 6/29/2023. (JLR) |
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Filing 16
ENDORSED ORDER DISCHARGING the Court's Order to show cause (Doc. #9) issued June 20, 2023, in light of Defendant's response (Doc. #13). Signed by Judge Roy B. Dalton, Jr. on 6/26/2023. (JLR)
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| Filing 15 AMENDED Disclosure Statement by WLA Real Estate, LLC. (Cavonis, Paul) Modified on 6/26/2023 to edit text (ABC). |
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Filing 14
ENDORSED ORDER granting #11 Defendant's Unopposed Motion for Extension of Time to Respond to Complaint. The deadline for Defendant to respond to the complaint is extended up to and including July 14, 2023. Counsel is reminded that Local Rule 3.01(a) applies to all motions (with a few noted exceptions). Any future motions that do not comply with all applicable rules will be summarily denied and/or stricken. Signed by Magistrate Judge Leslie Hoffman Price on 6/22/2023. (MKH)
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| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE re #9 Order to show cause, by Fifth Third Bank, National Association. (Attachments: #1 Exhibit, #2 Exhibit)(Holmes, Brandon) Modified on 6/22/2023 to edit docket text (SRD). |
| Filing 12 CORPORATE Disclosure Statement by Fifth Third Bank, National Association identifying Corporate Parent Fifth Third Bank N.A. for Fifth Third Bank, National Association. (Holmes, Brandon) Modified on 6/22/2023 tlo edit docket text (SRD). |
| Filing 11 Unopposed MOTION for Extension of Time to Respond as to #1 Notice of Removal, by Fifth Third Bank, National Association. (Holmes, Brandon) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 6/22/2023 to edit docket text (SRD). |
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Filing 10
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 6/16/2023. (RPB)
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Filing 9
ORDER to Show Cause why this case should not be remanded due to deficient jurisdictional allegations as to Fifth Third Bank, National Association. Show Cause Response due by 7/3/2023. Signed by Judge Roy B. Dalton, Jr. on 6/16/2023. (RN)
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| Filing 8 NOTICE of Lead Counsel Designation by Brandon Todd Holmes on behalf of Fifth Third Bank, National Association. Lead Counsel: Brandon T. Holmes. (Holmes, Brandon) |
| Filing 7 CORPORATE Disclosure Statement by WLA Real Estate, LLC. (Cavonis, Paul) |
| Filing 6 NOTICE of Lead Counsel Designation by Paul R. Cavonis on behalf of WLA Real Estate, LLC. Lead Counsel: Paul R. Cavonis, Esq. (Cavonis, Paul) Modified on 6/21/2023 to edit docket text (SRD). |
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Filing 5
ENDORSED ORDER TO STRIKE Defendant's Corporate Disclosure Statement (Doc. 2). The filing fails to comply with the amended disclosure form, which went into effect December 1, 2022. See https://www.flmd.uscourts.gov/forms/all/civil-forms. The Clerk is DIRECTED to remove Doc. 2 from the docket and Defendant is DIRECTED to file a compliant form by Friday, June 30, 2023. Signed by Judge Roy B. Dalton, Jr. on 6/16/2023. (JLR)
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| Filing 4 NOTICE TO COUNSEL Brandon Holmes and Paul Cavonis of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (ARL) |
| Filing 3 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Leslie Hoffman Price. New case number: 6:23-cv-1127-RBD-LHP. (AET) |
| Filing 2 *STRICKEN and Removed per Order at Doc. 5 CORPORATE Disclosure Statement by Fifth Third Bank N.A. identifying Other Affiliate Fifth Third Bancorp, Other Affiliate Vanguard Group Inc. for Fifth Third Bank N.A. (Holmes, Brandon) Modified on 6/16/2023 (SRD). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Ninth Judicial Circuit Orange County, Fl, case number 2023-CA-12102-O filed in State Court on 5/12/2023. Filing fee $402, receipt number AFLMDC-20945158 filed by Fifth Third Bank N.A. (Attachments: #1 State Court COMPLAINT with Exhibits A-D, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet (Holmes, Brandon) Modified on 6/16/2023 as to docket text (ARL). |
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