3417 70th Glen East Land Trust v. Deutsche Bank National Trust Company
| 3417 70TH GLEN EAST LAND TRUST, By: FUBAR ASSETS, LLC, and 3417 70th Glen East Land Trust |
| Deutsche Bank National Trust Company |
| Christopher Griffin |
| 8:2020cv03090 |
| December 28, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 24, 2021. A more recent docket listing may be available from PACER.
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Filing 36
ENDORSED ORDER: Plaintiff 3417 70th Glen East Land Trust has filed a Notice of Voluntary Dismissal (Doc. #35). As no answer or motion for summary judgment has been filed in this case, dismissal without prejudice via unilateral notice pursuant to Rule 41(a)(1) is permissible. The Clerk is directed to terminate any pending matters and thereafter close the case. Signed by Judge Virginia M. Hernandez Covington on 2/24/2021. (LEA)
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| Filing 35 NOTICE of voluntary dismissal by 3417 70th Glen East Land Trust (Lazenby, Megan) |
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Filing 34
ENDORSED ORDER: On January 21, 2021, Defendant Deutsche Bank National Trust Company filed an amended motion to set aside clerk's default. (Doc. #16). The time to respond has passed, and no response has been filed. Accordingly, the Court treats the motion as unopposed. See Local Rule 3.01(c). The motion is granted in part and denied in part. The clerk's entry of default entered on November 30, 2020, by the Hardee County Clerk for the Tenth Judicial Circuit, in Hardee County, Florida is vacated. Defendant is directed to file a responsive pleading by March 9, 2021. The Court declines to grant attorneys' fees at this juncture. Signed by Judge Virginia M. Hernandez Covington on 2/23/2021. (LEA)
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| Filing 33 MOTION to Strike #30 Response in Opposition to Motion by 3417 70th Glen East Land Trust. (Lazenby, Megan) |
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Filing 32
ORDER denying Plaintiff 3417 70th Glen East Land Trust's Motion to Remand to State Court. (Doc. #23). See Order for details. Signed by Judge Virginia M. Hernandez Covington on 2/22/2021. (LEA)
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| Filing 31 NOTICE of supplemental authority re #30 Response in Opposition to Motion by Deutsche Bank National Trust Company. (Brochin, Robert) |
| Filing 30 RESPONSE in Opposition re #23 MOTION to Remand to State Court filed by Deutsche Bank National Trust Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Brochin, Robert) |
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Filing 29
ENDORSED ORDER granting the defendant's unopposed motion for an enlargement of time to respond to the motion for remand. (Doc. #28). The response is due February 16, 2021. Signed by Judge Virginia M. Hernandez Covington on 2/5/2021. (LEA)
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| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Remand to State Court by Deutsche Bank National Trust Company. (Brochin, Robert) |
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Filing 27
ENDORSED ORDER: The Court is aware that the parties have requested that the September 2, 2021, mediation be held via videoconference. (Doc. #25). However, the Court has not yet permitted parties to mediate by videoconference at that time. Therefore, the parties must plan to mediate in person. In August 2021, the parties may resubmit their request for a videoconference mediation if circumstances warrant. Signed by Judge Virginia M. Hernandez Covington on 2/4/2021. (LEA)
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Filing 26
ORDER appointing Christopher L. Griffin, Esq. as mediator in this action. The mediation conference is scheduled for September 2, 2021, at 9:00AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. Signed by Judge Virginia M. Hernandez Covington on 2/4/2021. (LEA)
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| Filing 25 NOTICE of mediation conference/hearing to be held on September 2, 2021 at 9:00 a.m. before Chris Griffin, Esq., Certified Mediator. (Brochin, Robert) |
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Filing 24
ENDORSED ORDER: On January 22, 2021, the Court entered its case management and scheduling order, directing the parties to file a notice of mediation by January 29, 2021. (Doc. #19). A review of the docket reveals that no notice has been filed. Accordingly, the parties are directed to file a notice of mediation, indicating the date, time, and location of the mediation conference, by February 5, 2021. Signed by Judge Virginia M. Hernandez Covington on 2/2/2021. (LEA)
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| Filing 23 MOTION to Remand to State Court by 3417 70th Glen East Land Trust. (Attachments: #1 Affidavit of Michael Levey, #2 Affidavit of Michael Roth, #3 Affidavit of Lazenby Letters)(Heller, Samuel) |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement re #19 Case management and scheduling order by 3417 70th Glen East Land Trust. (Heller, Samuel) |
| Filing 21 Minute Entry. Virtual Proceedings held before Judge Virginia M. Hernandez Covington: SCHEDULING CONFERENCE held on 1/22/2021. Court Reporter: Melissa Pierson (TWL) |
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Filing 20
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/22/2021. (TWL)
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Filing 19
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 1/13/2022 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the February 2022 in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 9/3/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 1/22/2021. (TWL)
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Filing 18
ENDORSED ORDER: Plaintiff 3417 70th Glen East Land Trust is directed to file a notice by March 23, 2021, indicating the citizenship of all members of the trust. Additionally, the plaintiff is reminded that where an LLC has, as one of its members, another LLC, "the citizenship of unincorporated associations must be traced through however many layers of partners or members there may be" to determine the citizenship of the LLC. Hart v. Terminex Int'l, 336 F.3d 541, 543 (7th Cir. 2003). Therefore, the plaintiff is directed to provide information on the citizenship of members at every level of ownership, down to the individuals at the lowest level. Signed by Judge Virginia M. Hernandez Covington on 1/22/2021. (LEA)
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Filing 17
ENDORSED ORDER denying the plaintiff's motion for extension of time to file a case management report (Doc. #8) as moot. Signed by Judge Virginia M. Hernandez Covington on 1/22/2021. (LEA) (LEA).
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| Filing 16 Amended MOTION to Set Aside Clerk Default by Deutsche Bank National Trust Company. (Brochin, Robert) |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Deutsche Bank National Trust Company identifying Corporate Parent Deutsche Bank AG, Other Affiliate Deutsche Bank Holdings, Inc., Other Affiliate Deutsche Bank Trust Corporation, Other Affiliate DB USA Corporation for Deutsche Bank National Trust Company. (Brochin, Robert) |
| Filing 14 MOTION to Set Aside Clerk Default by Deutsche Bank National Trust Company. (Brochin, Robert) |
| Filing 13 NOTICE by 3417 70th Glen East Land Trust of Limited Appearance. (Heller, Samuel) |
| Filing 12 NOTICE of hearing: Scheduling Conference and hearing to determine the propriety of removal set for 1/22/2021 at 10:00 AM. This hearing will be conducted via Zoom video conference before Judge Virginia M. Hernandez Covington. The Clerk will be sending an invitation to the meeting via email. If you have any questions please contact courtroom deputy, Tamecika Lee, at Tamecika_Lee@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 4.11(b) the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited.(TWL) |
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Filing 11
ENDORSED ORDER: Given the issues raised in the pleadings, the Court sets this for a hearing to determine the propriety of removal and to hold a case management conference. Hearing to be scheduled on January 22, 2021, at 11:00 am. Signed by Judge Virginia M. Hernandez Covington on 1/19/2021. (Covington, Virginia)
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| Filing 10 CASE MANAGEMENT REPORT. (Brochin, Robert) |
| Filing 9 NOTICE by Deutsche Bank National Trust Company of Deutsche Bank National Trust Company's Unilateral Case Management Report. (Brochin, Robert) |
| Filing 8 First MOTION for Extension of Time to File Case Management Order by 3417 70th Glen East Land Trust. (Lazenby, Megan) |
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Filing 7
ENDORSED ORDER: On December 30, 2020, the Court directed the parties to file a completed case management report by January 12, 2021. (Doc. # 5). A review of the docket reveals that no case management report has been filed. Accordingly, the parties are directed to file a completed case management report by January 19, 2021. Signed by Judge Virginia M. Hernandez Covington on 1/15/2021. (LEA)
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| Filing 6 NOTICE of Appearance by Sarah Jayne Cohen on behalf of Deutsche Bank National Trust Company (Cohen, Sarah) |
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Filing 5
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by January 12, 2021, 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 12/30/2020. (LEA)
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| REFUND for duplicate payment. Receipt number 113A-17705919 refunded in the amount of $ 402.00 paid to Robert Brochin.. (NLC) |
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 12/29/2020. (TWL)
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| Filing 3 CORPORATE Disclosure Statement by Deutsche Bank National Trust Company identifying Corporate Parent Deutsche Bank Holdings, Inc. for Deutsche Bank National Trust Company. (Brochin, Robert) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:20-cv-3090-T-33AEP. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT, IN AND FOR HARDEE COUNTY, FLORIDA, case number 2020-CA-000385 filed in State Court on 10/28/2020. Filing fee $ 402, receipt number 113A-17706077 filed by Deutsche Bank National Trust Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 State Court Docket Sheet, #4 Civil Cover Sheet)(Brochin, Robert) |
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