Kaye et al v. Bank of New York Mellon
| Kenneth B. Kaye, Jr. and Kristine M. Kaye |
| Bank of New York Mellon and The Bank of New York |
| 8:2021cv00469 |
| February 26, 2021 |
| US District Court for the Middle District of Florida |
| William F Jung |
| Thomas G Wilson |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 13, 2021. A more recent docket listing may be available from PACER.
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Filing 39
ENDORSED ORDER denying #10 Motion to Remand to State Court. Having determined service was not proper, the removal was not untimely. Signed by Judge William F. Jung on 4/13/2021. (CCB)
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Filing 38
ORDER VACATING JUDGMENT and setting aside clerk's default. Signed by Judge William F. Jung on 4/13/2021. (CCB)
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Filing 37
ORDER quashing service and granting #9 Motion to Vacate; denying #21 Motion to Stay; and denying #35 Motion to Strike. Signed by Judge William F. Jung on 4/13/2021. (CCB)
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| Filing 36 Minute Entry. Telephonic Proceedings held before Judge William F. Jung: MOTION HEARING held on 4/12/2021 re #9 MOTION to Vacate Default Final Judgment, to Set Aside Clerk's Default and to Quash Service filed by Bank of New York Mellon; and #10 MOTION to Remand to State Court filed by Kenneth B. Kaye, Jr. Court Reporter: Tracey Aurelio (SAO) |
| Filing 35 MOTION to Strike #33 Notice (Other) Untimely Hearsay Affidavit and to Compel Deposition by Kenneth B. Kaye, Jr. (Segal, Lee) |
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Filing 34
CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 1/16/2023 Final Pretrial Conference set for 6/8/2023 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung Jury Trial set for the July 2023 trial term commencing 7/3/2023 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung. Conduct mediation hearing by 1/30/2023. Lead counsel to coordinate dates. Signed by Judge William F. Jung on 4/9/2021. (SAO)
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| Filing 33 NOTICE of Filing Declaration of Cheryl Santucci by Bank of New York Mellon (Attachments: #1 Exhibit Declaration of Cheryl Santucci)(Fesnak, Heather) |
| Filing 32 CASE MANAGEMENT REPORT. (Fesnak, Heather) |
| Filing 31 NOTICE of compliance Interested Persons & Disclosure Statement by Kenneth B. Kaye, Jr, Kristine M. Kaye (Segal, Lee) |
| Filing 30 AMENDED NOTICE of Related Action by Kenneth B. Kaye, Jr, Kristine M. Kaye (Segal, Lee) Modified on 4/7/2021 (BES). |
| Filing 29 RESPONSE in Opposition re #9 MOTION to Vacate /Memorandum Incorporating and Re-Filing State Court Motion to Vacate Default Final Judgment, to Set Aside Clerk's Default and to Quash Service filed by Kenneth B. Kaye, Jr. (Segal, Lee) |
| Filing 28 NOTICE of Untimely Removals to Thwart Evidentiary Hearings in State Court by Kenneth B. Kaye, Jr re #10 MOTION to Remand to State Court (Segal, Lee) |
| Filing 27 NOTICE by Kenneth B. Kaye, Jr re #10 MOTION to Remand to State Court of BONYM's Motion to Quash in Wilson Case (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 26 NOTICE of supplemental authority re #10 MOTION to Remand to State Court by Kenneth B. Kaye, Jr. (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 25 RESPONSE in Opposition re #21 MOTION to Stay Adjudication of any Service Issue Pending Deposition, Motion to Compel Deposition filed by Bank of New York Mellon. (Fesnak, Heather) |
| Filing 24 RESPONSE in Opposition re #10 MOTION to Remand to State Court filed by Bank of New York Mellon. (Fesnak, Heather) |
| Filing 23 NOTICE by Kenneth B. Kaye, Jr re #10 MOTION to Remand to State Court of BONYM Motion to Quash in Cook Case (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 22 NOTICE of TELEPHONIC HEARING on #21 MOTION to Stay Adjudication of any Service Issue Pending Deposition, Motion to Compel Deposition, #9 MOTION to Vacate, and #10 MOTION to Remand to State Court. Motion Hearing set for 4/12/2021 at 9:30 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 0469 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing. (CCB) |
| Filing 21 MOTION to Stay Adjudication of any Service Issue Pending Deposition, Motion to Compel Deposition by Kenneth B. Kaye, Jr. (Segal, Lee) |
| Filing 20 AFFIDAVIT of of Lior Segal by Kenneth B. Kaye, Jr. (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 19 NOTICE by Kenneth B. Kaye, Jr of Filing Updated Version of Halow Affidavit (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 18 NOTICE by Kenneth B. Kaye, Jr of BONYM Service Challenges (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Segal, Lee) |
| Filing 17 NOTICE by Kenneth B. Kaye, Jr of BONYM Court Filings (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Segal, Lee) |
| Filing 16 NOTICE by Kenneth B. Kaye, Jr of Broward Case (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 15 NOTICE by Kenneth B. Kaye, Jr of Aviram Case (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 14 AFFIDAVIT of of Santucci Admitting Merger by Kenneth B. Kaye, Jr. (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 13 AFFIDAVIT of of Darrin Mish by Kenneth B. Kaye, Jr. (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 12 NOTICE by Kenneth B. Kaye, Jr of BONYM SEC Filings (Attachments: #1 Exhibit, #2 Exhibit)(Segal, Lee) |
| Filing 11 NOTICE by Kenneth B. Kaye, Jr of BONY Annual Reports from 1995-2020 (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 10 MOTION to Remand to State Court by Kenneth B. Kaye, Jr. (Segal, Lee) |
| Filing 9 MOTION to Vacate /Memorandum Incorporating and Re-Filing State Court Motion to Vacate Default Final Judgment, to Set Aside Clerk's Default and to Quash Service by Bank of New York Mellon. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Fesnak, Heather) |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Bank of New York Mellon. Related case(s): Yes (Attachments: #1 Exhibit A)(Fesnak, Heather) |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by Bank of New York Mellon identifying Corporate Parent The Bank of New York Mellon Corporation for Bank of New York Mellon. (Fesnak, Heather) |
| Filing 6 NOTICE of Appearance by Katherine Elizabeth Shepard on behalf of Bank of New York Mellon (Shepard, Katherine) |
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Filing 5
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS)
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| Filing 4 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). (SAO) |
| Filing 3 NOTICE 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). (SAO) |
| Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Thomas G. Wilson. New case number: 8:21-cv-469-WFJ-TGW. (LRB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of Sixth Circuit, Pinellas County, case number 2020-002097-CI filed in State Court on 04/28/2020. Filing fee $ 402, receipt number 113A-17937393 filed by Bank of New York Mellon. (Attachments: #1 Exhibit A - DBNTC and BONYM Chart of Cases, #2 Exhibit B - All state court documents, #3 Exhibit C - Notice Filing Affidavit Supporting Default Summary Judgment - Okeechobee, #4 Exhibit D - 2012 Foreclosure Complaint, #5 Exhibit E - Notice of Filing Notice of Removal, #6 State Court COMPLAINT, #7 State Court Docket Sheet, #8 State Court Other Documents, #9 Civil Cover Sheet)(Fesnak, Heather) |
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