Always Available Bonds, Inc. v. PNC Bank, N.A.
| Always Available Bonds, Inc. |
| PNC Bank, N.A. |
| Peter J. Grilli |
| 8:2020cv01733 |
| July 27, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Negotiable Instrument |
| 28 U.S.C. § 1441 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 23, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 27
ENDORSED ORDER: Pursuant to the stipulation for dismissal with prejudice (Doc. #26), this case is dismissed with prejudice with each party to bear its own attorney's fees and costs. Signed by Judge Virginia M. Hernandez Covington on 9/23/2020. (DMD)
|
| Filing 26 STIPULATION of Dismissal with Prejudice by PNC Bank, N.A. (Auerbacher, Mark) |
|
Filing 25
ENDORSED ORDER: On the basis of the Joint Notice of Settlement (Doc. #24), this cause is hereby dismissed, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. Furthermore, the Court advises the parties that "good cause" exists to reopen an action when a settlement agreement has yet to be finalized because of various delays. But incomplete performance of an executed settlement agreement, such as the failure to disburse settlement funds, does not constitute good cause to reopen an action. This Court does not retain jurisdiction to ensure performance of a settlement agreement because such failure to perform should be addressed in a separate breach of contract action. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 9/3/2020. (DMD)
|
| Filing 24 NOTICE of settlement by PNC Bank, N.A. (Auerbacher, Mark) |
|
Filing 23
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 8/31/2020. (TWL)
|
|
Filing 22
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #21), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 8/31/2020. (TWL)
|
|
Filing 21
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 8/12/2021 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the September 2021 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 4/23/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 8/31/2020. (TWL)
|
| Filing 20 CASE MANAGEMENT REPORT. (Rubaii, Jawdet) |
|
Filing 19
ENDORSED ORDER granting the unopposed second motion for extension of time to respond to the motion to dismiss. (Doc. #18). Response now due September 8, 2020. The Court will be disinclined to extend this deadline further. Signed by Judge Virginia M. Hernandez Covington on 8/28/2020. (DMD)
|
| Filing 18 MOTION for Extension of Time to File Response to Motion to Dismiss by Always Available Bonds, Inc. (Rubaii, Jawdet) |
|
Filing 17
ENDORSED ORDER granting the unopposed second motion for enlargement of time to complete Case Management Report. (Doc. #16). The Case Management Report is now due August 28, 2020. Signed by Judge Virginia M. Hernandez Covington on 8/21/2020. (DMD)
|
| Filing 16 MOTION for Extension of Time to File Case Management Report (Agreed to by Opposing Counsel) by Always Available Bonds, Inc. (Rubaii, Jawdet) |
| Filing 15 MOTION to Remand to State Court by Always Available Bonds, Inc. (Attachments: #1 Exhibit Assertion, #2 Exhibit Emails, #3 Exhibit Return of Service and Affidavit Brian Jones, #4 Exhibit PNC Denial letter, #5 Exhibit case law, #6 Exhibit State Court Complaint)(Rubaii, Jawdet) |
| Filing 14 NOTICE by Always Available Bonds, Inc. Assertion its Claim Does Not Exceed $75,000.00 Esclusive of Interest and Costs. (Rubaii, Jawdet) |
|
Filing 13
ENDORSED ORDER granting in part and denying in part the motion for enlargement of time to respond to the motion to dismiss. (Doc. #12). Response now due August 28, 2020. Signed by Judge Virginia M. Hernandez Covington on 8/13/2020. (DMD)
|
| Filing 12 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss Complaint by Always Available Bonds, Inc. (Rubaii, Jawdet) |
| Filing 11 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by PNC Bank, N.A. Related case(s): no (Auerbacher, Mark) (BES). |
|
Filing 10
ENDORSED ORDER granting in part and denying in part the motion for enlargement of time to complete Case Management Report. (Doc. #9). The Case Management Report is now due August 21, 2020. No other deadlines are changed. Signed by Judge Virginia M. Hernandez Covington on 8/10/2020. (DMD)
|
| Filing 9 MOTION for Extension of Time to File Case Management Report (after Remand is Ruled on or at least 10 days) by Always Available Bonds, Inc. (Rubaii, Jawdet) |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by PNC Bank, N.A. (Auerbacher, Mark) |
| Filing 7 MOTION to Dismiss Complaint by PNC Bank, N.A. (Auerbacher, Mark) |
|
Filing 6
ENDORSED ORDER denying as moot the motion for extension of time to respond to the complaint that was filed in state court before removal. (Doc. #4). Under Federal Rule of Civil Procedure 81(c)(2), Defendant's response to the complaint is due August 3, 2020. Signed by Judge Virginia M. Hernandez Covington on 7/28/2020. (DMD)
|
|
Filing 5
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 7/28/2020. (TWL)
|
| Filing 4 MOTION for Extension of Time to Respond to State Court Complaint filed by Always Available Bonds, Inc. (CRH) (Filed in state court on 06/26/2020) Modified on 7/28/2020 (AG). |
|
Filing 3
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by August 11, 2020, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 7/28/2020. (DMD)
|
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:20-cv-1733-T-33CPT. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 6th Judicial Circuit, Pinellas County, case number 2020-00426-CI filed in State Court on 01/27/20. Filing fee $ 400, receipt number 113A-17104668 filed by PNC Bank, N.A.. (Attachments: #1 State Court COMPLAINT, #2 State Court Pending Motions, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 State Court Return of Service, #6 State Court Civil Cover Sheet, #7 Civil Cover Sheet)(Auerbacher, Mark) Modified on 7/28/2020 (CRH). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
