BCP Management, LLC v. Deutsche Bank National Trust Company
| BCP Management, LLC |
| Deutsche Bank National Trust Company |
| 8:2021cv00276 |
| February 2, 2021 |
| US District Court for the Middle District of Florida |
| Charlene Edwards Honeywell |
| Amanda Arnold Sansone |
| Christopher P Tuite |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1441 Notice of Removal- Racketeering (RICO) |
| Plaintiff |
Docket Report
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Filing 66
ORDER re: Deutsche Bank's Motion for Sanctions and Attorney's Fees #31. No later than July 15, 2022, counsel for the Plaintiff shall file a status report regarding Mr. Segal's ability to appear at an in-person hearing. The Clerk of Court shall administratively close the case and terminate Deutsche Bank's Motion for Sanctions and Attorney's Fees #31 until further order of the Court. Signed by Magistrate Judge Christopher P. Tuite on 3/16/2022. (ACL)
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| Filing 65 Minute Entry. Virtual Proceedings held before Magistrate Judge Christopher P. Tuite: MOTION HEARING held on 3/3/2022 re #31 MOTION for Sanctions and Attorney's Fees filed by Deutsche Bank National Trust Company. (Digital) (AMS) |
| Filing 64 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The status conference set for March 3, 2022, at 2:00 p.m. before Magistrate Judge Christopher P. Tuite via Zoom videoconference is rescheduled. The new time is March 3, 2022, at 2:30 p.m. via Zoom videoconference. Counsel shall be prepared to discuss the status of Defendant's Motion for Sanctions and Attorney's Fees (31) in light of the representations contained in Plaintiff's Emergency and Unopposed Motion for Continuance of Hearing on Motion for Sanctions (60). All pertinent parties will receive a Zoom videoconference invitation by separate email. Each person who participates in the proceeding must attend using his or her own device so that he or she appears on a separate screen during the videoconference.(ACL) |
| Filing 63 NOTICE of supplemental authority re #43 Response in Opposition to Motion, #31 MOTION for Sanctions and Attorney's Fees by BCP Management, LLC. (Attachments: #1 Chappell Opinions & Orders)(Schuh, Jill) |
| Filing 62 NOTICE OF ZOOM HEARING. A status conference is set for March 3, 2022, at 2:00 p.m. before Magistrate Judge Christopher P. Tuite via Zoom videoconference. Counsel shall be prepared to discuss the status of Defendant's Motion for Sanctions and Attorney's Fees (#31) in light of the representations contained in Plaintiff's Emergency and Unopposed Motion for Continuance of Hearing on Motion for Sanctions (#60). All pertinent parties will receive a Zoom videoconference invitation by separate email. Each person who participates in the proceeding must attend using his or her own device so that he or she appears on a separate screen during the videoconference.(ACL) |
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Filing 61
ENDORSED ORDER granting #60 Plaintiff's Emergency and Unopposed Motion for Continuance of Hearing on Motion for Sanctions. For the reasons stated in the motion, the hearing as to Defendant's (#31) Motion for Sanctions and Attorney's Fees set for March 1, 2022, at 3:00 p.m. in Tampa Courtroom 12B before Magistrate Judge Christopher P. Tuite is cancelled. Signed by Magistrate Judge Christopher P. Tuite on 2/24/2022. (ACL)
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| Filing 60 Unopposed MOTION to Continue HEARING ON MOTION FOR SANCTIONS SET FOR MARCH 1, 2022 AT 3:00 PM (EMERGENCY) by All Plaintiffs. (Schuh, Jill) |
| Filing 59 ***TERMINATED-COUNSEL JILL SCHUH IS NOT COUNSEL OF RECORD. COUNSEL CALLED AND ADVISED THEY WILL REFILE MOTION*** Unopposed MOTION to Continue HEARING ON MOTION FOR SANCTIONS SET FOR MARCH 1, 2022 AT 3:00 PM (EMERGENCY) by All Plaintiffs. (Segal, Lee) Modified on 2/24/2022 (LSS). |
| Filing 58 NOTICE OF IN PERSON HEARING as to Defendant's #31 Motion for Sanctions and Attorney's Fees. Oral argument on this matter is set for March 1, 2022, at 03:00 p.m. in Tampa Courtroom 12B before Magistrate Judge Christopher P. Tuite. (ACL) |
| Filing 57 NOTICE of supplemental authority re #31 MOTION for Sanctions and Attorney's Fees by BCP Management, LLC. (Attachments: #1 Supplement Shen Yi Order & Opinion)(Segal, Lee) |
| Filing 56 NOTICE by Deutsche Bank National Trust Company of Impasse at Settlement Conference (Kohn, Joseph) |
| Filing 55 Case Reassigned to Magistrate Judge Christopher P. Tuite. New case number: 8:21-cv-276-CPT. Magistrate Judge Amanda Arnold Sansone no longer assigned to the case. (JNB) |
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Filing 54
ORDER of recusal. Signed by Magistrate Judge Amanda Arnold Sansone on 11/9/2021. (SFC)
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| Filing 53 Minute Entry. Virtual Proceedings held before Magistrate Judge Amanda Arnold Sansone: SETTLEMENT CONFERENCE held on 11/9/2021. Court declares an impasse. (Via Zoom) (CDM) |
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Filing 52
ENDORSED ORDER taking judicial notice of #32 Exhibits for Defendant's Motion for Sanctions. Signed by Magistrate Judge Amanda Arnold Sansone on 11/8/2021. (SFC)
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Filing 51
ORDER scheduling settlement conference. Settlement Conference set for 11/9/2021 at 10:00 AM in Zoom Video Conference before Magistrate Judge Amanda Arnold Sansone. See order for details. Signed by Magistrate Judge Amanda Arnold Sansone on 11/1/2021. (SFC)
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| Filing 50 NOTICE by Deutsche Bank National Trust Company re #47 Order directing compliance Amended Joint Notice of Availability for Status Conference (Kohn, Joseph) |
| Filing 49 NOTICE by Deutsche Bank National Trust Company re #47 Order directing compliance JOINT NOTICE OF AVAILABILITY FOR SETTLEMENT CONFERENCE (Kohn, Joseph) |
| Filing 48 Minute Entry. Virtual Proceedings held before Magistrate Judge Amanda Arnold Sansone: STATUS CONFERENCE held on 10/26/2021. (Via Zoom) (CDM) |
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Filing 47
ORDER directing parties to confer re: scheduling a settlement conference for #31 Motion for Sanctions and Attorneys Fees. See order for details. Response due 10/29/2021 at noon. Signed by Magistrate Judge Amanda Arnold Sansone on 10/26/2021. (SFC)
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Filing 46
ORDER setting status conference for 10/26/2021 at 02:00 PM in Zoom Video Conference before Magistrate Judge Amanda Arnold Sansone. Signed by Magistrate Judge Amanda Arnold Sansone on 10/7/2021. (SFC)
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| Filing 45 NOTICE by Deutsche Bank National Trust Company re #44 Order setting status conference JOINT NOTICE OF AVAILABILITY FOR STATUS CONFERENCE (Kohn, Joseph) |
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Filing 44
ORDER directing parties to confer re: scheduling a status conference for #31 Motion for Sanctions and Attorneys Fees. See order for details. Signed by Magistrate Judge Amanda Arnold Sansone on 10/4/2021. (SFC)
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| Filing 43 RESPONSE in Opposition re #31 MOTION for Sanctions and Attorney's Fees Against Lee Segal Personally filed by BCP Management, LLC. (Attachments: #1 Affidavit Affidavit of Zachary Heathcote)(Segal, Lee) |
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Filing 42
ORDER denying #41 Motion to Reconsider Order granting in part Motion to File Excess Pages. The plaintiff's response to the defendant's #31 Motion for Attorney's Fees is due by July 23, 2021 and cannot exceed twenty-five pages. Signed by Magistrate Judge Amanda Arnold Sansone on 7/20/2021. (MLM)
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| Filing 41 First MOTION for Reconsideration re #38 Order on Motion to Stay Order on Motion to File Excess Pages by BCP Management, LLC. (Segal, Lee) Modified on 7/19/2021 to edit text (CRH). |
| Filing 40 NOTICE of Filing Order by BCP Management, LLC. (Attachments: #1 Order on Motion to Consolidate Cases)(Segal, Lee) Modified on 6/28/2021 to edit text (CRH). |
| Filing 39 NOTICE of supplemental authority by BCP Management, LLC. (Segal, Lee) |
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Filing 38
ORDER denying #36 Motion to Stay Response Deadline; granting in part #37 Motion to File Excess Pages. The plaintiff's response to the defendant's #31 Motion for Sanctions is due by July 12, 2021 and cannot exceed twenty-five pages. See order for further details. Signed by Magistrate Judge Amanda Arnold Sansone on 6/25/2021. (MLM)
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| Filing 37 First MOTION for Leave to File Other Document :Response to Defendant's Motion for Attorney Fees and/or Sanctions to Exceed 20 Pages by BCP Management, LLC. (Segal, Lee) Modified on 6/22/2021 to change event type (CRH). |
| Filing 36 Amended MOTION to Stay re #35 Order directing response to motion Order pdf, #31 MOTION for Sanctions and Attorney's Fees, #34 Notice (Other) Request to Abate Deadlines to Respond Pending Ruling on Motion to Consolidate by BCP Management, LLC. (Segal, Lee) Modified on 6/15/2021 to edit text (CRH). |
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Filing 35
ORDER dismissing the case for failure to prosecute; directing the Clerk to close the case; and directing the plaintiff to respond to #31 Motion for Sanctions and Attorney's Fees by June 14, 2021. If no response is received, the defendant's motion will be treated as unopposed. Signed by Magistrate Judge Amanda Arnold Sansone on 6/8/2021. (MLM)
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| Filing 34 NOTICE by BCP Management, LLC of Filing (Attachments: #1 Motion to Consolidate Cases)(Segal, Lee) |
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Filing 33
ORDER TO SHOW CAUSE as to BCP Management, LLC. See order for details. Signed by Magistrate Judge Amanda Arnold Sansone on 5/24/2021. (MLM)
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| Filing 32 NOTICE to the Courts to take judicial notice regarding #31 MOTION for Sanctions and Attorney's Fees Def's Request for Judicial Notice and Notice of Intent to Use Summaries by Deutsche Bank National Trust Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kohn, Joseph) |
| Filing 31 MOTION for Sanctions and Attorney's Fees by Deutsche Bank National Trust Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kohn, Joseph) |
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Filing 30
ORDER denying #24 Motion to Stay Adjudication of Motion to Quash and Conduct Discovery; granting #6 Motion to Quash Service; and Vacating Default Judgment entered in state court. See order for further details and deadlines. Signed by Magistrate Judge Amanda Arnold Sansone on 4/21/2021. (MLM)
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| Filing 29 CERTIFICATE of interested persons and corporate disclosure statement by BCP Management, LLC. (Segal, Lee) |
| Filing 28 NOTICE of a related action per Local Rule 1.07(c) by BCP Management, LLC. Related case(s): No (Segal, Lee) |
| Filing 27 RESPONSE in Opposition re #24 MOTION to Stay re #21 Response in Opposition to Motion Adjudication of Motion to Quash, Motion to Allow Subpoena Duces Tecum to CT, Compel Deposition filed by Deutsche Bank National Trust Company. (Kohn, Joseph) |
| Filing 26 NOTICE by Deutsche Bank National Trust Company re #18 Notice (Other) of Filing Order Denying Consolidation for Purposes of Appeal (Attachments: #1 Exhibit)(Kohn, Joseph) |
| Filing 25 NOTICE of supplemental authority re #6 MOTION to Quash Service of Process MOTION to Vacate Clerk's Default and Default Judgment by Deutsche Bank National Trust Company. (Kohn, Joseph) |
| Filing 24 MOTION to Stay re #21 Response in Opposition to Motion Adjudication of Motion to Quash, Motion to Allow Subpoena Duces Tecum to CT, Compel Deposition by BCP Management, LLC. (Segal, Lee) |
| Filing 23 NOTICE by BCP Management, LLC re #21 Response in Opposition to Motion of Reyes Affidavit Admitting Office (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 22 NOTICE by BCP Management, LLC re #21 Response in Opposition to Motion of Affidavit of Lior Segal (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 21 RESPONSE in Opposition re #6 MOTION to Quash Service of Process MOTION to Vacate Clerk's Default and Default Judgment filed by BCP Management, LLC. (Segal, Lee) |
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Filing 20
ENDORSED ORDER granting #19 Motion for Extension of Time to File a Response to the defendant's #6 Motion to Quash Service of Process and Motion to Vacate Clerk's Default and Default Judgment. The plaintiff's response is due by March 26, 2021. Signed by Magistrate Judge Amanda Arnold Sansone on 3/17/2021. (MLM)
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| Filing 19 First MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Quash Service of Process MOTION to Vacate Clerk's Default and Default Judgment, 17 Order directing response to motion to Defendant's Motion to Quash Service & Incorporated Memorandum of Law by BCP Management, LLC. (Segal, Lee) |
| Filing 18 NOTICE by BCP Management, LLC of Filing (Attachments: #1 Motion to Consolidate Cases)(Segal, Lee) |
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Filing 17
ENDORSED ORDER directing the plaintiff to respond to the defendant's #6 Motion to Quash Service of Process and Motion to Vacate Clerk's Default and Default Judgment. The plaintiff's response is due by March 19, 2021. If no response is received, the defendant's motion will be treated as unopposed. Signed by Magistrate Judge Amanda Arnold Sansone on 3/11/2021. (MLM)
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Filing 16
ORDER approving Consent to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Amanda Arnold Sansone. Signed by Judge Charlene Edwards Honeywell on 3/9/2021. (BGS)
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| Filing 15 NOTICE of supplemental authority re #6 MOTION to Quash Service of Process MOTION to Vacate Clerk's Default and Default Judgment (Second Notice) by Deutsche Bank National Trust Company. (Kohn, Joseph) |
| Filing 14 CONSENT to trial by U.S. Magistrate Judge by Deutsche Bank National Trust Company. (Kohn, Joseph) |
| Filing 13 CASE MANAGEMENT REPORT. (Kohn, Joseph) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Deutsche Bank National Trust Company. Related case(s): Yes (Attachments: #1 Exhibit)(Kohn, Joseph) |
| Filing 11 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (BGS) |
| Filing 10 NOTICE to Counsel of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (BGS) |
| Filing 9 NOTICE of filing of affidavit in opposition to re #7 Notice of filing supplemental authority, #6 MOTION to Quash Service of Process MOTION to Vacate Clerk's Default and Default Judgment by BCP Management, LLC (Attachments: #1 Affidavit of Michael Roth)(Segal, Lee) Modified text on 3/1/2021 (MCB). |
| Filing 8 NOTICE of filing of affidavit in opposition to re #7 Notice of filing supplemental authority, #6 MOTION to Quash Service of Process MOTION to Vacate Clerk's Default and Default Judgment by BCP Management, LLC (Attachments: #1 Affidavit of Michael Levey)(Segal, Lee) Modified text on 3/1/2021 (MCB). |
| Filing 7 NOTICE of supplemental authority re #6 MOTION to Quash Service of Process MOTION to Vacate Clerk's Default and Default Judgment by Deutsche Bank National Trust Company. (Kohn, Joseph) |
| Filing 6 MOTION to Quash Service of Process , MOTION to Vacate Clerk's Default and Default Judgment by Deutsche Bank National Trust Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Kohn, Joseph) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 5 CORPORATE Disclosure Statement by Deutsche Bank National Trust Company identifying Corporate Parent Deutsche Bank Holdings, Inc., Corporate Parent Deutsche Bank Trust Corporation, Corporate Parent DB USA Corporation for Deutsche Bank National Trust Company.. (Kohn, Joseph) |
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Filing 4
ORDER transferring case to Tampa Division. Signed by Judge Anne C. Conway on 2/4/2021. (copies mailed/emailed)(AKC)
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Filing 3
INITIAL CASE ORDER - Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Counsel have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 2/3/2021. (copies mailed/emailed)(AKC)
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| Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Embry J. Kidd. New case number: 6:21-cv-0223-ACC-EJK. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 18th Judicial Circuit Brevard County Florida, case number 20-CA-47023 filed in State Court on 10/19/2020. (Filing Fee $402, Receipt # 113A-17839186) filed by Deutsche Bank National Trust Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 State Court COMPLAINT, #7 State Court Other Documents, #8 State Court Other Documents, #9 State Court Docket Sheet, #10 Civil Cover Sheet)(Kohn, Joseph) Modified on 2/2/2021 to correct docket text(SJB). Modified on 2/3/2021 (MEJ). |
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| Plaintiff: BCP Management, LLC | |
| Represented By: | Lee Segal |
| Represented By: | Jill A. Schuh |
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| Defendant: Deutsche Bank National Trust Company | |
| Represented By: | Joseph T. Kohn |
| Represented By: | Benjamin Bruce Brown |
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