Quest Systems, LLC v. Deutsche Bank National Trust Co.
| Quest Systems, LLC |
| Deutsche Bank National Trust Co. and Deutsche Bank National Trust Company |
| 8:2021cv00623 |
| March 17, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Mary S Scriven |
| Christopher P Tuite |
| Real Property: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 10, 2021. A more recent docket listing may be available from PACER.
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| Filing 16 Transmittal of Record to State Court Received. (LNR) |
Filing 15
ORDER: The Clerk is directed to remand this case to state court because the Court lacks subject matter jurisdiction. After remand, the Clerk shall close this case. Signed by Judge Virginia M. Hernandez Covington on 5/3/2021. (AR)
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| Filing 14 RESPONSE/Statement Regarding Diversity Jurisdiction re 6 Order by Deutsche Bank National Trust Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ridout, Wesley) Modified on 5/3/2021 (BES). |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re 12 Notice to Counsel of Local Rule,,, by Deutsche Bank National Trust Company identifying Corporate Parent Deutsche Bank, AG, Other Affiliate Deutsche Bank Trust Corporation, Other Affiliate Deutsche Bank Trust Company Americas, Other Affiliate Deutsche Bank USA Corporation for Deutsche Bank National Trust Company. (Ridout, Wesley) |
| Filing 12 NOTICE of Local Rule 3.03, which 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). (TWL) |
| Filing 11 NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. (Signed by Deputy Clerk). (TWL) |
| Filing 10 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). (TWL) |
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Filing 9
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 4/29/2021. (TWL)
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| Filing 8 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. 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. (Signed by Deputy Clerk). (TWL) |
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Filing 7
ENDORSED ORDER: Plaintiff Quest Systems, LLC is directed to respond to Defendant Deutsche Bank National Trust Company's "Motion to Quash Service of Process and Vacate Clerk's Default and Final Judgment After Default As Void Due to Lack of Effective Service of Process" by April 30, 2021. (Doc. #3). If Quest fails to respond by that deadline, the Court will treat the Motion as unopposed. Signed by Judge Virginia M. Hernandez Covington on 4/26/2021. (AR)
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Filing 6
ENDORSED ORDER: On March 17, 2021, Defendant Deutsche Bank National Trust Company removed this case to this Court on the basis of diversity jurisdiction. (Doc. #1). Among other subject-matter jurisdiction requirements, there must be diversity of citizenship between the parties. 28 U.S.C. 1332(a)(1). "[T]he citizenship of an LLC for purposes of diversity jurisdiction is the citizenship of its members." Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004) (internal quotation marks and citation omitted). In its notice of removal, Deutsche Bank notes that it is a California corporation. (Doc. # 1 at 2). Plaintiff Quest Systems, LLC, on the other hand, is a "New Mexico limited liability company that is not authorized to transact business or initiate lawsuits in Florida." (Id.). Deutsche Bank does not provide the citizenships of the members of Quest Systems, however, which is necessary for the Court to determine whether this Court has subject-matter jurisdiction. Accordingly, Deutsche Bank is directed to provide more information by April 30, 2021, as to the citizenship of all members, including any sub-members, of Quest Systems, LLC. Signed by Judge Virginia M. Hernandez Covington on 4/26/2021. (AR)
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| Filing 5 Case Reassigned to Judge Virginia M. Hernandez Covington. New case number: 8:21-cv-623-VMC-CPT. Judge Mary S. Scriven no longer assigned to the case. (JNB) |
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Filing 4
ORDER OF RECUSAL. Pursuant to 28 U.S.C. 455(a), the Undersigned recuses from all further participation in this case. The Clerk of the Court is instructed to reassign this case to another District Judge under the blind filing system established pursuant to the rules of this Court. Signed by Judge Mary S. Scriven on 4/22/2021. (APF)
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| Filing 3 MOTION to Quash Service of Process and Vacate Clerk's Default and Final Judgment After Default as Void Due to Lack of Effective Service of Process by Deutsche Bank National Trust Company. (Attachments: #1 Exhibit A - Confidential Settlement and Release Agreement, #2 Exhibit B - Docket, #3 Exhibit C - Affidavit of Service, #4 Exhibit D - Affidavit in Support of Motion to Vacate, #5 Exhibit E - Affidavit of Deutsche Bank, #6 Exhibit F - Warranty Deed, #7 Exhibit G - Orders)(Ridout, Wesley) |
| Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Christopher P. Tuite. New case number: 8:21-cv-0623-MSS-CPT. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of Sarasota County, case number 20-CA-4318-NC filed in State Court on 10/10/2020. Filing fee $ 402, receipt number 113A-18013574 filed by Deutsche Bank National Trust Co. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit A, #6 Exhibit B)(Ridout, Wesley) Modified on 3/22/2021 (JLD). |
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