Regions Bank v. Kaplan et al
| Regions Bank |
| Marvin I Kaplan, R1A Palms, LLC, Lighthouse Pointe, LLC, Wells Fargo, N.A., Triple Net Exchange, LLC, MK Investing, LLC, BNK Smith, LLC and Smith Advertising & Associates, Inc. |
| Robert Shaw, The Florida Bankers Association, Inc., Charles A. Starr III, G. Todd Smith, Gary T. Smith, Lucy B. Smith, Bridgeview Bancorp, Inc., Regions Bank, Smith Advertising & Associates, Inc. and Wells Fargo, N.A. |
| BNK Smith, LLC, R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing, LLC and Marvin I Kaplan |
| 8:2012cv01837 |
| August 13, 2012 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| XX US, Outside State |
| Elizabeth A. Kovachevich |
| Mark A. Pizzo |
| Racketeer Influenced and Corrupt Organizations |
| 28 U.S.C. ยง 1446 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
1022
ORDER granting in part 1015 Motion for Attorney Fees and directing Clerk to enter judgment consistent with the attached order. Signed by Judge William F. Jung on 1/3/2022. (CCB)
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Filing
1006
SUPPLEMENTAL FINAL JUDGMENT on Attorney Fees and Expenses. in favor of Regions Bank against BNK Smith, LLC, MK Investing, LLC, R1A Palms, LLC, Triple Net Exchange, LLC. Signed by Judge Elizabeth A. Kovachevich on 4/24/2019. (JM)
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Filing
1004
ORDER adopting 956 REPORT AND RECOMMENDATIONS re 914 First MOTION to Bifurcate ENTITLEMENT TO FEES AND COSTS REGARDING REGIONS BANK'S MOTION FOR SUPPLEMENTAL FINAL JUDGMENT AWARDING ATTORNEY'S FEES, COSTS filed by R1A Palms, LLC, MK Investing, LL; overruling Regions' Corrected Objections to Report and Recommendation (Dkt. 982); denying Motion for Leave to Submit Unredacted Invoices for In Camera Review (Dkt. 987); denying First Motion to Bifurcate Entitlem ent to Fees and Costs (Dkt. 914); granting in part and denying in part Motion for Supplemental Final Judgment Awarding Fees, Costs and Expenses (Dkt. 895); denying Motion for Leave to Submit Reply Memorandum and Declaration as moot (Dkt. 994). See Order for details. Signed by Judge Elizabeth A. Kovachevich on 3/29/2019. (JM)
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Filing
1003
ORDER approving Stipulation, and granting Motion for Entry of an Agreed Order of Dismissal With Prejudice as to Defendant Wells Fargo Bank, N.A. Only re 1002 Stipulation of Dismissal filed by R1A Palms, LLC, MK Investing, LLC, BNK Smith, LLC, Triple Net Exchange, LLC. Signed by Judge Elizabeth A. Kovachevich on 2/26/2019. (JM)
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Filing
955
ORDER adopting 908 REPORT AND RECOMMENDATIONS re 823 MOTION for sanctions and Supporting Memorandum of Law filed by Regions Bank, 102 MOTION to Strike 93 CounterclaimCrossclaim Correcting DE 101 filed by Rober t Shaw, Regions Bank, 119 ; overruling objections (Dkt. 946); See Order for details. Dkt. 102, Motion for Sanctions, is denied; Dkt. 119, Motion for Rule 11 Sanctions is granted in part and denied in part; Dkt. 823, Omnibus Motion for Sanctions i s denied; Dkt. 155, Motion for Sanctions, is denied; Dkt. 839, Renewed Motion for Sanctions is denied; The Court imposes Rules 11 sanctions on Jon D. Parrish and Parrish, White & Yarnell, P.A., n/k/a Yarnell & Peterson, P.A., jointly and severally, and directs them to psy $1,000.00 to the Clerk of Court within thirty days of the date of this Order. Signed by Judge Elizabeth A. Kovachevich on 6/25/2018. (JM)
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Filing
942
AMENDED OMNIBUS FINAL JUDGMENT on all claims asserted by Plaintiff Regions Bank, all counterclaims/crossclaims asserted buy Marvin I. Kaplan, R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing, LLC, BNK Smith, LLC, and the counterclaims asserted by Bridgeview Bank Group. Signed by Judge Elizabeth A. Kovachevich on 6/11/2018. (JM)
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Filing
867
ORDER denying 820 Motion to unseal Trial Transcript (Dkt. 776). Signed by Judge Elizabeth A. Kovachevich on 12/8/2017. (JM)
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Filing
863
ORDER granting 858 Motion to Refer DE 102 and 119. Signed by Judge Elizabeth A. Kovachevich on 11/29/2017. (JM)
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Filing
856
ORDER denying 816 Motion to Redact 774 Trial Transcript. Signed by Judge Elizabeth A. Kovachevich on 11/21/2017. (JM)
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Filing
853
OMNIBUS FINAL JUDGMENT on all claims asserted by Plaintiff Regions Bank, all counterclaim/crossclaims asserted by Marvin I. Kaplan, R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing, LLC, BNK Smith, LLC, and the counterclaims asserted by Bridgeview Bank Group. Signed by Judge Elizabeth A. Kovachevich on 11/15/2017. (JM)
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Filing
851
ORDER granting 837 Agreed Motion for Entry of Omnibus Final Judgment. See Order for details. A separate Omnibus Final Judgment will be entered. Signed by Judge Elizabeth A. Kovachevich on 11/9/2017. (JM)
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Filing
826
MEMORANDUM AND OPINION following the bench trial on the pending claims in the Corrected Second Amended Complaint (Dkt. 671). See Opinion for details. The Clerk of Court shall enter a final judgment in favor of Defendants on each of the pending claims. Signed by Judge Elizabeth A. Kovachevich on 6/23/2017. (JM)
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Filing
815
ORDER granting 614 Motion for Award of Attorney Fees and Expenses. Signed by Judge Elizabeth A. Kovachevich on 3/31/2017. (JM)
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Filing
811
ORDER denying 581 Motion to Strike Affidavit of Pavel Reytikh. Signed by Judge Elizabeth A. Kovachevich on 3/24/2017, nunc pro tunc April 16, 2016. (JM)
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Filing
757
ORDER cancelling the scheduled continuation of the bench trial on Friday, July 8, 2016 and Friday, July 15, 2016; deferring ruling on all punitive damage issues until a final determination as to liability and the award of compensatory damages. Signed by Judge Elizabeth A. Kovachevich on 6/24/2016. (JM)
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Filing
743
ORDER re 504 Order on Sealed Motion, affirming Order and overruling objections. Signed by Judge Elizabeth A. Kovachevich on 5/18/2016. (JM)
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Filing
738
ORDER granting in part and denying in part 707 Motion to Compel financial worth discovery. Signed by Judge Elizabeth A. Kovachevich on 5/12/2016. (JM)
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Filing
724
ORDER re 695 Objection, overruling Objections to Order (Dkt. 694), and directing Defendants to comply with Order to produce tax returns. See Order for details. Signed by Judge Elizabeth A. Kovachevich on 5/6/2016. (JM)
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Filing
715
ORDER granting 710 Motion for Reconsideration re 703 Order on Motion in Limine; granting exclusion of Witness Michael Gallatin. Signed by Judge Elizabeth A. Kovachevich on 5/2/2016. (JM)
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Filing
703
ORDER granting in part and denying in part 628 Motion in Limine; see Order for details; granting 653 Motion in Limine, except for Michael Gallatin; denying as moot 664 Motion in Limine. Signed by Judge Elizabeth A. Kovachevich on 4/29/2016. (JM)
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Filing
657
ORDER granting 550 Motion for summary judgment as to Count II, Conspiracy to Defraud, of the Amended Counterclaim/Crossclaim (Dkt. 93). Signed by Judge Elizabeth A. Kovachevich on 4/19/2016. (JM)
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Filing
624
ORDER denying without prejudice 358 Motion for Attorney Fees. See Order for details. Signed by Judge Elizabeth A. Kovachevich on 3/31/2016. (JM)
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Filing
569
ORDER granting 568 Amended Consent Motion to Seal. Signed by Judge Elizabeth A. Kovachevich on 12/3/2015. (JM)
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Filing
534
ORDER granting 533 Consent Motion to File Under Seal. Signed by Judge Elizabeth A. Kovachevich on 11/13/2015. (JM)
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Filing
527
ORDER granting 521 Joint Motion for leave to file Single Statement of Undisputed Facts, and to Exceed Page Limit (not more than 45 pages). See Order for details. Signed by Judge Elizabeth A. Kovachevich on 11/4/2015. (JM)
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Filing
504
ORDER denying 472 Bridgeview Bank Group's motion to determine that certain testimony of Marvin Kaplan is not privileged. Signed by Magistrate Judge Mark A. Pizzo on 9/25/2015. (CRJ)
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Filing
481
ORDER granting in part and denying in part 458 Motion to Stay Proceedings and Extend Discovery pending resolution of related criminal proceedings; the Motion to Stay is denied; the Motion to Extend Discovery is granted to permit the deposition s of Regions' 30(b)(6) witnesses, Robert Shaw, Brandy Burnett, and Larry Starr, to be completed no later than October 15, 2015; the Supplement to Motion to Stay is denied as tothe depositions of Walter Schultz and Matthew Schultz.. Signed by Judge Elizabeth A. Kovachevich on 9/8/2015. (JM)
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Filing
461
ORDER granting 446 Motion to Seal. The Clerk is directed to file Bridgeview Bank Group's motion to determine that deposition testimony of Marvin Kaplan is not privileged, as well as Exhibit A to that motion, under seal. Signed by Magistrate Judge Mark A. Pizzo on 8/24/2015. (CRJ)
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Filing
451
ORDER granting 435 Motion to defer payment of expert witness fees and expenses; denying without prejudice Motion to determine reasonableness of expert charges; denying without prejudice 436 Motion for approval of expert witness fees and expenses. The Kaplan Parties shall produce the expert witness Jason D. Koontz at the scheduled deposition on August 28, 2015. See Order for details. Signed by Judge Elizabeth A. Kovachevich on 8/18/2015. (JM)
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Filing
381
ORDER denying 366 Motion for Judgment on the Pleadings. Signed by Judge Elizabeth A. Kovachevich on 5/15/2015. (JM)
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Filing
378
ORDER granting 360 Motion for Reconsideration re 244 Order on Motion to Strike, Order on motion to dismiss, Order on Motion for Sanctions; dismissing Counts IV, V, VI, VII of Amended Counterclaim/Crossclaims (Dkt. 93) as to Bridgeview Bank Group. Signed by Judge Elizabeth A. Kovachevich on 5/14/2015. (JM)
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Filing
375
ORDER denying 359 Motion to extend time; denying 364 Motion for Extension of Time to File; denying without prejudice 370 Motion to Strike; directing Kaplan Parties to make complete expert disclosures by May 15, 2015. Signed by Judge Elizabeth A. Kovachevich on 5/8/2015. (JM)
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Filing
353
ORDER granting 276 motion to dismiss Counterclaim and Crossclaim of Bridgeview Bank Group. Signed by Judge Elizabeth A. Kovachevich on 3/30/2015. (JM)
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Filing
346
ORDER granting 273 Motion for Final Default Judgment in favor of Crossclaimants Marvin I. Kaplan, Triple Net Exchange, LLC, MK Investing, LLC and BNK Smith LLC against G. Todd Smith, Gary T. Smith, Lucy B. Smith andSmith Advertising & Associates, Inc. The Clerk of Court shall enter a Final Default Judgment as to liability and entitlement to damages; the Court reserves jurisdiction to determine the amount of damages. Signed by Judge Elizabeth A. Kovachevich on 3/24/2015. (JM)
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Filing
301
ORDER Denying 202 Defendants' Motion to Dismiss and Denying as Moot 208 Defendants' Motion for Leave to File Reply. See Order for details. Signed by Judge Elizabeth A. Kovachevich on 9/30/2014. (jm)
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Filing
298
ORDER denying as moot 261 Motion for Leave to File Reply as moot; granting 177 Motion to Strike 175 Jury demand. Signed by Judge Elizabeth A. Kovachevich on 9/29/2014. (JM)
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Filing
244
ORDER granting 99 Motion to Strike 93 CounterclaimCrossclaim ; denying 100 motion to dismiss; granting in part and denying in part 102 Motion to Strike ; granting in part and denying in part 106 motion to dismiss; denying without prejudice 119 Motion for Sanctions; granting in part and denying in part 123 motion to dismiss. See Order for details. Signed by Judge Elizabeth A. Kovachevich on 3/31/2014. (JM)
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