Ciccotto v. Axiom Bank National Association
| Paul Ciccotto |
| Axiom Bank National Association |
| 6:2023cv02392 |
| December 13, 2023 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Anne C Conway |
| Daniel C Irick |
| Leslie Hoffman Price |
| Labor: Other |
| 05 U.S.C. § 0704 Labor Litigation |
| Plaintiff |
Docket Report
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| Filing 46 CASE REFERRED to Mediation. Howard Tescher is not one of the approved mediators for the M.D. Fla. Listed on the Court's website. Lead Counsel is directed to contact opposing counsel, select a mediator off the court's approved list of mediators on the website, contact selected mediator and file a notice with the court within 14 days from the date of this order advising the court of the selected mediator and scheduled mediation date. Mediation to be conducted in person or the parties shall file a motion seeking permission to conduct the mediation by Zoom. Any such motion shall include a statement that the Mediator consents to mediation by Zoom. (KLD) |
Filing 45
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/28/2024. Joinder of Parties due by 2/28/2024. Discovery due by 10/1/2024. Dispositive motions due by 10/16/2024. Pretrial statement due by 2/24/2025. All other motions due by 11/15/2024. Plaintiff disclosure of expert report due by 8/1/2024. Defendant disclosure of expert report due by 9/3/2024. Jury Trial set for trial term commencing on 4/1/2025 at 09:00 AM in Orlando Courtroom 6 A before Judge Anne C. Conway. Conduct mediation hearing by 10/11/2024. Lead counsel to coordinate dates. Signed by Judge Anne C. Conway on 2/1/2024. (KLD)
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Filing 44
INITIAL CASE ORDER - Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 1/28/2024. (KLD) (KLD).
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| Filing 43 CASE MANAGEMENT REPORT. (Harding, Sean) |
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Filing 42
ORDER Granting in Part #29 Defendant's Motion to Consolidate Cases. At this juncture, the cases are consolidated for purposes of discovery only. Discovery taken in each case shall be noticed and available for use in each case. The parties shall conduct a joint case management meeting and file Case Management Reports with the same deadlines. The Court will issue identical scheduling orders, which will permit future consolidation, if appropriate. The Clerk is directed to file a copy of this Order in the Ibrahim Matter, Case No. 6:23-cv-2029-Orl-22DCI. Signed by Judge Anne C. Conway on 1/16/2024. (KLD)
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| Filing 41 Case Reassigned to Judge Anne C. Conway. New case number: 6:23-cv-2392-ACC-DCI. Judge Wendy W. Berger no longer assigned to the case. (RPB) |
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Filing 40
ORDER that this case is transferred to the Honorable Anne C. Conway, pursuant to Local Rule 1.07(a), Middle District of Florida, and with her consent, to be considered with related cases. Signed by Judge Wendy W. Berger on 1/11/2024. (MDJ)
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| Filing 39 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF) |
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Filing 38
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). 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 Wendy W. Berger on 12/22/2023. (RMF)
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Filing 37
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
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Filing 36
ENDORSED ORDER granting #34 Motion to Appear Pro Hac Vice; granting #35 Motion to Appear Pro Hac Vice. Sean D. Harding and Ari Karen are granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 12/21/2023. (Irick, Daniel)
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| Filing 35 MOTION for Sean D. Harding to appear pro hac vice by Paul Ciccotto. (Walter, Courtney) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 34 MOTION for Ari Karen to appear pro hac vice by Paul Ciccotto. (Walter, Courtney) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 33
ENDORSED ORDER denying #31 Motion to Appear Pro Hac Vice; denying #32 Motion to Appear Pro Hac Vice. The Motions do not comply with Local Rule 2.01(c)(4). Signed by Magistrate Judge Daniel C. Irick on 12/21/2023. (Irick, Daniel)
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| Filing 32 MOTION for Sean D. Harding to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21588569 for $150 by Paul Ciccotto. (Walter, Courtney) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 31 MOTION for Ari Karen to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21588499 for $150 by Paul Ciccotto. (Walter, Courtney) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 30 Case Reassigned to Magistrate Judge Daniel C. Irick. New case number: 6:23-cv-2392-WWB-DCI. Magistrate Judge Leslie Hoffman Price no longer assigned to the case. (RPB) |
| Filing 29 Unopposed MOTION to Consolidate Cases by Axiom Bank National Association. (Simpson, Amanda) |
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Filing 28
ORDER. In the interest of justice, the undersigned transfers this case to United States Magistrate Judge Daniel C. Irick, with his permission, for consideration with related cases. Signed by Magistrate Judge Leslie Hoffman Price on 12/20/2023. (MKH)
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| Filing 27 NOTICE TO COUNSEL Ari Karen and Sean D. Harding Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (ELM) |
| Filing 26 CORPORATE Disclosure Statement by Paul Ciccotto. (Walter, Courtney) |
| Filing 25 NOTICE of Lead Counsel Designation by Courtney Elizabeth Walter on behalf of Paul Ciccotto. Lead Counsel: Courtney Walter. (Walter, Courtney) |
| Filing 24 NOTICE of a related action per Local Rule 1.07(c) by Paul Ciccotto. Related case(s): Yes (Walter, Courtney) |
| Filing 23 CORPORATE Disclosure Statement by Axiom Bank National Association. (Simpson, Amanda) |
| Filing 22 NOTICE of a related action per Local Rule 1.07(c) by Axiom Bank National Association. Related case(s): Yes (Simpson, Amanda) |
| Filing 21 NOTICE of Appearance by Jacqueline Marie Gardner on behalf of Axiom Bank National Association (Gardner, Jacqueline) |
| Filing 20 TRANSFER IN from the Eastern District of Pennsylvania. Case assigned to District Judge Wendy W. Berger and Magistrate Judge Leslie Hoffman Price. New Case Number: 6:23-cv-2392-WWB-LHP. (RPB) |
| Filing 19 Case transferred in from District of Pennsylvania Eastern; Case Number 2:23-cv-04069. File received electronically |
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Filing 18
ORDER THAT THE MOTION TO TRANSFER IS GRANTED. THE CASE FILE SHALL BE TRANSFERRED IN FULL TO THE USDC FOR THE MIDDLE DISTRICT OF FLORIDA, ORLANDO DIVISION. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/13/2023.12/13/2023 ENTERED AND COPIES E-MAILED.(sg) [Transferred from paed on 12/14/2023.]
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| Filing 17 JOINT STIPULATION FOR TRANSFER by Axiom Bank National Association. (BLANCHARD, DANIEL) [Transferred from paed on 12/14/2023.] Modified text on 12/14/2023 (KME). |
| NOTICE re: Cancellation of Hearing - PRELIMINARY PRETRIAL CONFERENCE, scheduled for 12/14/2023(lds) [Transferred from paed on 12/14/2023.] |
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Filing 16
STIPULATION AND ORDER THAT THE TIME FOR PLAINTIFF TO RESPOND TO DEFENDANT'S MOTION TO TRANSFER IS EXTENDED TO 12/15/23; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/1/23. 12/1/23 ENTERED AND E-MAILED.(JL) [Transferred from paed on 12/14/2023.]
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| Filing 15 STIPULATION to Extend Time to Respond to Motion to Transfer by Paul Ciccotto. (WITTS, V.) [Transferred from paed on 12/14/2023.] |
| Filing 14 NOTICE of Hearing:PRELIMINARY PRETRIAL TELEPHONE CONFERENCE SET FOR 12/14/2023 10:30 AM BEFORE HONORABLE MICHAEL M. BAYLSON. COUSNEL FOR PLAINTIFF WILL INITIATE THIS TELEPHONE CONFERENCE AND WHEN ALL COUNSEL ARE ON THE LINE, JOIN CHAMBERS ONTO THE CALL (PH: 267-299-7520) (Attachments: #1 Supplement, #2 Supplement)(lds) [Transferred from paed on 12/14/2023.] |
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Filing 13
ORDERED that the Motion is GRANTED and Amanda A. Simpson, Esquire of Jackson Lewis P.C. may appear as counsel pro hac vice on behalf of Defendant in association with Daniel L. Blanchard, Esquire. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/28/2023.11/28/2023 ENTERED AND COPIES E-MAILED.(sg) [Transferred from paed on 12/14/2023.]
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| Filing 12 MOTION for Pro Hac Vice DEFENDANT'S MOTION TO ADMIT COUNSEL PRO HAC VICE ( Filing fee $ 75 receipt number APAEDC-17096988.) filed by Axiom Bank National Association.Declaration, Certificate of Service. (Attachments: #1 Declaration Declaration of Amanda A. Simpson, #2 Text of Proposed Order Proposed Order, #3 Certificate of Service Certificate of Service)(BLANCHARD, DANIEL) [Transferred from paed on 12/14/2023.] |
| Filing 11 ANSWER to Complaint by Axiom Bank National Association.(BLANCHARD, DANIEL) [Transferred from paed on 12/14/2023.] |
| Filing 10 Memorandum in Support re #9 MOTION to Transfer filed by Axiom Bank National Association. (BLANCHARD, DANIEL) [Transferred from paed on 12/14/2023.] |
| Filing 9 MOTION to Transfer filed by Axiom Bank National Association.certificate of service.(BLANCHARD, DANIEL) [Transferred from paed on 12/14/2023.] |
| Filing 8 Disclosure Statement Form pursuant to FRCP 7.1 with certificate of service by Axiom Bank National Association.(BLANCHARD, DANIEL) [Transferred from paed on 12/14/2023.] |
| Filing 7 NOTICE of Appearance by DANIEL L. BLANCHARD on behalf of Axiom Bank National Association with certificate of service(BLANCHARD, DANIEL) [Transferred from paed on 12/14/2023.] |
| Filing 6 AFFIDAVIT of Service by J.N. Meadows re: served Summons, Complaint with Exhibits upon Alicia Nancy Reinhard, as Chief Accounting Officer for the Registered Agent of Axiom Bank National Association by Personal- Private Process Server on 11/3/2023 (WITTS, V.) [Transferred from paed on 12/14/2023.] |
| Filing 5 NOTICE by Paul Ciccotto Designation Form (re-filed) (WITTS, V.) [Transferred from paed on 12/14/2023.] |
| Filing 4 Summons Issued as to Axiom Bank National Association. Forwarded To: EMAILED TO PLAINTIFFS COUNSEL on 10/23/2023 (sg) [Transferred from paed on 12/14/2023.] |
| Filing 3 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by Paul Ciccotto.(WITTS, V.) [Transferred from paed on 12/14/2023.] |
| Filing 2 NOTICE by Paul Ciccotto Designation Form (WITTS, V.) *FILED IN ERROR; ATTORNEY TO RE-FILE CORRECT DESIGNATION FORM* Modified on 10/24/2023 (lisad, ). [Transferred from paed on 12/14/2023.] |
| Filing 1 COMPLAINT Paul Ciccotto against Axiom Bank National Association ( Filing fee $ 402 receipt number APAEDC-17022638.), filed by Paul Ciccotto. (Attachments: #1 Exhibit Exhibit 1- Ciccotto Employment Agreement, #2 Civil Cover Sheet Civil Cover Sheet, #3 Designation Form Designation Form)(WITTS, V.) [Transferred from paed on 12/14/2023.] |
| Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. PLAINTIFF's counsel is directed to file COMPLETED DESIGNATION FORM in this case using the Notice (Other) docket event located in the Notices category. Form is missing. (sbt) [Transferred from paed on 12/14/2023.] |
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