Sfeir v. Bank of America, N.A.
| Laraine Sfeir |
| Bank of America, N.A. |
| 8:2020cv01762 |
| July 30, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| P.I.: Other |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 24, 2020. A more recent docket listing may be available from PACER.
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| REFUND for duplicate payment. Receipt number 113A-17124222 refunded in the amount of $ 400.00 paid to Lourdes Carballo.. (NLC) |
| Filing 21 Acknowledgement of receipt by the State Court on 8/17/2020 re: Order of Remand. State Court Case Number: 20-CA-005149 (JLD) |
Filing 20
ENDORSED ORDER: Defendant Bank of America has now filed a notice of non-opposition to Plaintiff Sfeir's motion to remand, acknowledging that the amount in controversy in this case is far lower than Bank of America represented in its notice of removal based on Sfeir's pre-suit demand letter. (Doc. #19). As Bank of America no longer contends that this Court may exercise diversity jurisdiction over this case, Sfeir's motion to remand (Doc. #18) is granted. Because the Court is not convinced that it has subject matter jurisdiction over the case, the Clerk is directed to remand this case to state court and, thereafter, close the case. Signed by Judge Virginia M. Hernandez Covington on 8/12/2020. (DMD)
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| Filing 19 NOTICE by Bank of America, N.A. of non-opposition to Plaintiff's Motion for Remand. (Mammana, Giselle) |
| Filing 18 MOTION to Remand to State Court by Laraine Sfeir. (Kleinberg, Bruce) |
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Filing 17
ENDORSED ORDER granting in part and denying in part the opposed motion for extension of time to respond to the complaint. (Doc. #14). Response now due August 21, 2020. Signed by Judge Virginia M. Hernandez Covington on 8/5/2020. (DMD)
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| Filing 16 NOTICE of pendency of related cases re #13 Notice of pendency of related cases per Local Rule 1.04(d) by Laraine Sfeir. Related case(s): yes (Kleinberg, Bruce) |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement re #12 Certificate of interested persons and corporate disclosure statement by Laraine Sfeir. (Kleinberg, Bruce) |
| Filing 14 MOTION for Extension of Time to File Response/Reply to Amended Complaint by Bank of America, N.A. (Attachments: #1 Exhibit Order re M-Extension re Complaint)(Mammana, Giselle) |
| Filing 13 NOTICE of pendency of related cases per Local Rule 1.04(d) by Bank of America, N.A. Related case(s): Yes (Mammana, Giselle) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Bank of America, N.A. (Mammana, Giselle) |
| Filing 11 NOTICE by Bank of America, N.A. re 9 Order of Filing Redacted Presuit Demand Letter. (Mammana, Giselle) |
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Filing 10
ENDORSED ORDER: After the Court directed Defendant Bank of America to file the presuit demand letter that it relied on in the notice of removal (Doc. # 3), Bank of America filed the demand letter on the docket. (Doc. # 5). Subsequently, Plaintiff Sfeir filed a motion for reconsideration of the Court's order, expressing concern over the visibility of Sfeir's medical information and arguing that "the true amount of medical bills to date that are in controversy is $17,929.28." (Doc. #6). The Court has already ordered that a redacted version of the demand letter be filed on the docket by August 5 (Doc. # 9), eliminating Sfeir's privacy concerns. Thus, the only aspect of Sfeir's motion that the Court has not already addressed is Sfeir's assertion that the amount of medical bills she explicitly listed in the demand letter is not the true amount of medical bills in controversy in this case. However, this argument does not support reconsideration of the Court's order directing that the demand letter be filed on the docket for the Court's review. Accordingly, the motion for reconsideration is denied. To the extent Sfeir believes that the amount in controversy requirement is not met, her recourse is to file a motion to remand that is supported by applicable case law. Signed by Judge Virginia M. Hernandez Covington on 8/4/2020. (DMD)
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Filing 9
ENDORSED ORDER: In her Motion for Reconsideration (Doc. #6), Plaintiff requests that the pre-suit demand letter filed by Defendant be stricken for its inclusion of personal health information. Upon review, the Court directs the Clerk to strike the exhibit to Docket Entry 5. Furthermore, the Court directs Defendant to resubmit, by August 5, 2020, a copy of the demand letter with the section titled "Injuries" redacted. Signed by Judge Virginia M. Hernandez Covington on 8/3/2020. (SGM)
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| Filing 8 RESPONSE to Motion re #6 MOTION for Reconsideration filed by Bank of America, N.A. (Mammana, Giselle) |
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Filing 7
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 8/3/2020. (TWL)
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| Filing 6 MOTION for Reconsideration by Laraine Sfeir. (Kleinberg, Bruce) |
| Filing 5 SUPPLEMENT re #1 Notice of Removal by Bank of America, N.A. (ATTACHMENT STRICKEN; pursuant to court's endorsed order 9; image removed.)(Mammana, Giselle) Modified text and image on 8/4/2020 (LNR). |
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Filing 4
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by August 14, 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 7/31/2020. (DMD)
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Filing 3
ENDORSED ORDER: In its notice of removal, Defendant Bank of America N.A. represents that Plaintiff Laraine Sfeir has incurred over $133,000 in medical expenses based on a presuit demand letter that has not been filed with the Court. (Doc. #1 at 3). To verify that the amount in controversy requirement is met, the Court directs Bank of America to file the presuit demand letter on which it relies on the docket by August 5, 2020. Signed by Judge Virginia M. Hernandez Covington on 7/31/2020. (DMD)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:20-cv-1762-T-33AEP. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough Court, case number 20-CA-005149 filed in State Court on 6/23/2020. (Filing fee $ 400, receipt number 113A-17124830) filed by Bank of America, N.A.. (Attachments: #1 State Court COMPLAINT, #2 State Court AMENDED COMPLAINT, #3 Exhibit, #4 State Court Other Documents, #5 Civil Cover Sheet)(Mammana, Giselle) Modified text on 7/31/2020 (MCB). |
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| Defendant: Bank of America, N.A. | |
| Represented By: | Giselle Mammana |
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| Plaintiff: Laraine Sfeir | |
| Represented By: | Bruce Moshe Kleinberg |
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