Hargrave v. Capital One Bank, N.A.
Plaintiff: John Hargrave
Defendant: Capital One Bank, N.A.
Case Number: 8:2020cv01231
Filed: May 28, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Charlene Edwards Honeywell
Referring Judge: Anthony E Porcelli
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1640
Jury Demanded By: Plaintiff
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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
July 20, 2020 Filing 28 MOTION for Miscellaneous Relief, specifically Motion for Leave to File Reply to Response to Motion to Dismiss by Capital One Bank, N.A. (Kemp-Gerstel, Andrew) .
July 19, 2020 Opinion or Order Filing 27 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 11/5/2021, Dispositive motions due by 12/10/2021, Pretrial statement due by 3/22/2022, All other motions due by 3/29/2022, Final Pretrial Conference set for 4/19/2022 at 2:00 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell, Jury Trial set for term commencing 5/2/2022 in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. Conduct mediation hearing by 1/28/2022. Lead counsel to coordinate dates. Signed by Judge Charlene Edwards Honeywell on 7/19/2020. (BGS)
July 17, 2020 Filing 26 RESPONSE to Motion re #16 MOTION to Dismiss Complaint with Prejudice filed by John Hargrave. (Peck, Richard)
July 16, 2020 Filing 25 REPLY to Response to Motion re #15 MOTION to Remand to State Court filed by John Hargrave. (Peck, Richard)
July 13, 2020 Filing 24 CASE MANAGEMENT REPORT. (Kemp-Gerstel, Andrew)
July 9, 2020 Opinion or Order Filing 23 ENDORSED ORDER granting #22 Plaintiff's Motion for Leave to File a Reply in Support of His Motion to Remand to State Court. The Court grants Plaintiff leave to file a reply, not to exceed ten (10) pages, on or before July 16, 2020. Signed by Judge Charlene Edwards Honeywell on 7/9/2020. (GLP)
July 9, 2020 Filing 22 MOTION for Miscellaneous Relief, specifically File a Reply to Defendant's Response to Plaintiff's Motion to Remand to State Court by John Hargrave. (Peck, Richard)
July 7, 2020 Filing 21 RESPONSE re #15 MOTION to Remand to State Court filed by Capital One Bank, N.A. (Kemp-Gerstel, Andrew) Modified on 7/8/2020 (DG).
July 2, 2020 Opinion or Order Filing 20 ENDORSED ORDER granting #19 Agreed Motion to Appear Telephonically or Via Zoom at Case Management Conference. The parties may conduct their case management conference telephonically or via video conference. Signed by Judge Charlene Edwards Honeywell on 7/2/2020. (GLP)
July 2, 2020 Filing 19 MOTION for Andrew Kemp-Gerstel, Esquire and Richard K. Peck, Esquire to appear telephonically Agreed Motion to Appear Telephonically or Via Zoom at Case Management Conference by Capital One Bank, N.A. (Kemp-Gerstel, Andrew) Modified on 7/2/2020 (DG).
July 1, 2020 Opinion or Order Filing 18 ENDORSED ORDER granting in part and denying in part #17 Agreed Motion for Extension of Time for Plaintiff to Respond to Defendant's Motion to Dismiss and Agreed Motion to Extend Case Management Report Deadline. The deadline for Plaintiff to respond to Defendant's Motion to Dismiss Complaint with Prejudice is extended to, and including, July 17, 2020. The Court declines to tie this extension to the issuance of a ruling on the pending motion to remand. Further, the request for an extension of time to file a case management report is denied. See Local R. M.D. Fla. 3.05(c)(2)(B) (requiring parties to conduct their case management conference to prepare the case management report notwithstanding the pendency of any undecided motions). Signed by Judge Charlene Edwards Honeywell on 7/1/2020. (GLP)
June 24, 2020 Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss Complaint with Prejudice , #5 Related case order and track 2 notice by John Hargrave. (Peck, Richard) Motions referred to Magistrate Judge Anthony E. Porcelli.
June 23, 2020 Filing 16 MOTION to Dismiss Complaint with Prejudice by Capital One Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B)(Kemp-Gerstel, Andrew)
June 23, 2020 Filing 15 MOTION to Remand to State Court by John Hargrave. (Peck, Richard)
June 11, 2020 Filing 14 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by John Hargrave. Related case(s): no (Peck, Richard)
June 11, 2020 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by John Hargrave. (Peck, Richard)
June 10, 2020 Filing 12 NOTICE of pendency of related cases per Local Rule 1.04(d) by Capital One Bank, N.A. Related case(s): no (Kemp-Gerstel, Andrew) Modified on 6/10/2020 (DG).
June 9, 2020 Opinion or Order Filing 11 ENDORSED ORDER denying #3 Plaintiff's Motion to Invoke Florida Rules of Civil Procedure; denying #4 Motion to Permit Discovery of Defendant. As this action was removed from state court, the Federal Rules of Civil Procedure, along with the Local Rules, govern the action. See Fed. R. Civ. P. 81(c)(1). Further, Plaintiff relies solely on Florida Small Claims Rules in the Motion to Permit Discovery of Defendant, but the Federal Rules of Civil Procedure and the Local Rules prohibit a party from conducting discovery, with limited exceptions, prior to the Rule 26(f) conferral. Fed. R. Civ. P. 26(d)(1); Local R. M.D. Fla. 3.05(c)(2)(B). Signed by Judge Charlene Edwards Honeywell on 6/9/2020. (GLP) Modified on 6/9/2020 (GLP).
June 8, 2020 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Capital One Bank, N.A. identifying Corporate Parent Capital One Financial Corporation for Capital One Bank, N.A. (Kemp-Gerstel, Andrew) Modified on 6/9/2020 (DG).
June 2, 2020 Opinion or Order Filing 9 ENDORSED ORDER granting #8 Motion for Extension of Time to Answer. Capital One Bank, N.A. answer or response due on or before 6/24/2020. Signed by Magistrate Judge Anthony E. Porcelli on 6/2/2020. (JMF)
June 1, 2020 Filing 8 Unopposed MOTION for Extension of Time to File Respond to Complaint by Capital One Bank, N.A.. (Kemp-Gerstel, Andrew) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified event type on 6/1/2020 (CTR).
May 29, 2020 Filing 7 RESPONSE to Motion re #4 MOTION for Miscellaneous Relief, specifically to permit discovery of defendant, #3 MOTION for Miscellaneous Relief, specifically to invoke Florida rules of civil procedure filed by Capital One Bank, N.A.. (Kemp-Gerstel, Andrew)
May 29, 2020 Opinion or Order Filing 6 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 6/12/2020. Signed by Judge Charlene Edwards Honeywell on 5/29/2020. (BGS)
May 29, 2020 Opinion or Order Filing 5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 6/12/2020. Signed by Judge Charlene Edwards Honeywell on 5/29/2020. (BGS)
May 28, 2020 Filing 4 STATE COURT PENDING MOTION for Miscellaneous Relief, specifically to permit discovery of defendant by John Hargrave. (MCB)
May 28, 2020 Filing 3 STATE COURT PENDING MOTION for Miscellaneous Relief, specifically to invoke Florida rules of civil procedure by John Hargrave. (MCB)
May 28, 2020 Filing 2 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Anthony E. Porcelli. New case number: 8:20-cv-1231-T-36AEP. (SJB)
May 28, 2020 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hernando County, case number 272020SC000939SCAXMX filed in State Court on 4/18/2020. (Filing fee $ 400, receipt number 113A-16856423) filed by Capital One Bank, N.A. (Attachments: #1 State Court COMPLAINT Comp. Exhibit A - Complaint, #2 State Court Pending Motions Comp. Exhibit A - Pending Motions, #3 State Court Docket Sheet Comp. Exhibit A - Docket Sheet, #4 State Court Other Documents Comp. Exhibit A - Other State Docs, #5 State Court Other Documents Exhibit B, #6 Civil Cover Sheet)(Kemp-Gerstel, Andrew) Modified on 5/28/2020 (MCB).

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Defendant: Capital One Bank, N.A.
Represented By: Andrew Kemp-Gerstel
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Plaintiff: John Hargrave
Represented By: Richard K. Peck, IV
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