Bonafide Properties LLC v. The Bank of New York Mellon
| Bonafide Properties LLC |
| The Bank of New York Mellon and The Bank of New York |
| 8:2021cv00752 |
| March 29, 2021 |
| US District Court for the Middle District of Florida |
| Kathryn K Mizelle |
| Kathryn Kimball Mizelle |
| Mary S Scriven |
| Christopher P Tuite |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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Filing 46
ENDORSED ORDER: Bonafide Properties filed a #45 Notice of Voluntary Dismissal. Although unspecified in the notice, the Court construes it as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i) because no defendant has filed an answer or motion for summary judgment. As a result, this notice is self-executing. Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990) ("The dismissal [under Rule 41(a)(1)(A)(i)] is effective immediately upon the filing of a written notice of dismissal, and no subsequent court order is required."). The Clerk is directed to terminate any deadlines and pending motions and to close this case. Signed by Judge Kathryn Kimball Mizelle on 8/3/2021. (DMP)
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| Filing 45 NOTICE of voluntary dismissal by Bonafide Properties LLC. (Segal, Lee) Modified on 8/2/2021 to edit text (CRH). |
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Filing 44
ENDORSED ORDER expediting response deadline. By August 6, 2021, Bonafide Properties must respond to the defendant's #43 motion to dismiss. Failure to respond will result in the Court treating the motion as unopposed. Signed by Judge Kathryn Kimball Mizelle on 8/2/2021. (DMP)
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| Filing 43 MOTION to Dismiss action for Failure to Serve Process by The Bank of New York Mellon. (Fesnak, Heather) |
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Filing 42
ENDORSED ORDER granting in part and denying in part #41 motion for leave to appear via videoconference at mediation. Counsel, all of whom are located in Florida, must attend mediation in person. The out-of-state corporate representative may appear via videoconference. Signed by Judge Kathryn Kimball Mizelle on 7/22/2021. (DMP)
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| Filing 41 Joint MOTION for Miscellaneous Relief, specifically Joint Motion for Leave to Appear By Video Conference at Mediation by The Bank of New York Mellon. (Fesnak, Heather) Modified on 7/21/2021 to edit text (CRH). |
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Filing 40
ORDER appointing Jack Day mediator. Mediation set for August 18, 2021, at 10:00 a.m. Because the #39 mediation notice fails to identify the location as required by the Case Management and Scheduling Order, mediation must occur in person unless the Court approves otherwise. Signed by Judge Kathryn Kimball Mizelle on 7/12/2021. (DMP)
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| Filing 39 NOTICE OF SELECTION of Jack Day, Esquire as mediator by Bonafide Properties LLC. (Segal, Lee) |
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Filing 38
ENDORSED ORDER striking #37 mediation notice. By July 9, 2021, the plaintiff's counsel must file a mediation notice that complies with the #36 Case Management and Scheduling Order. Signed by Judge Kathryn Kimball Mizelle on 7/6/2021. (DMP)
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| Filing 37 *STRICKEN DUE TO ORDER AT DOC.38** NOTICE OF SELECTION of Jack Day as mediator by The Bank of New York Mellon. (Fesnak, Heather) Modified on 7/7/2021 to edit text (CRH). |
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Filing 36
CASE MANAGEMENT AND SCHEDULING ORDER: The mediator-selection deadline is July 2, 2021. The discovery deadline is September 3, 2021. The mediation deadline is September 10, 2021. The dispositive-motion deadline is October 1, 2021. Final pretrial conference set for March 3, 2022, at 1:00 p.m. in Tampa Courtroom 13B. Jury trial set for term beginning April 4, 2022. Signed by Judge Kathryn Kimball Mizelle on 6/11/2021. (DMP)
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| Filing 35 Case Reassigned to Judge Kathryn K. Mizelle. New case number: 8:21-cv-752-KKM-CPT. Judge Mary S. Scriven no longer assigned to the case. (JNB) |
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Filing 34
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 5/14/2021. (MWC)
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| Filing 33 CASE MANAGEMENT REPORT. (Fesnak, Heather) |
| Filing 32 CERTIFICATE of interested persons and corporate disclosure statement by Bonafide Properties LLC. (Segal, Lee) |
| Filing 31 Amended NOTICE of a related action per Local Rule 1.07(c) by Bonafide Properties LLC. Related case(s): No (Segal, Lee) Modified on 4/12/2021 (TDC). |
| Filing 30 NOTICE of Appearance by Katherine Elizabeth Shepard on behalf of The Bank of New York Mellon. (Shepard, Katherine) Modified on 4/1/2021 (TDC). |
| Filing 29 NOTICE of Appearance by Heather Lynn Fesnak on behalf of The Bank of New York Mellon. (Fesnak, Heather) Modified on 4/1/2021 (TDC). |
| Filing 28 NOTICE to counsel 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). (CRB) |
| Filing 27 TRANSFER IN from the Northern District of Florida (Panama City Division). Case assigned to District Judge Mary S. Scriven and Magistrate Judge Christopher P. Tuite. New Case Number: 8:21-cv-752-MSS-CPT. (AG) |
| Filing 26 Case transferred in from District of Florida Northern; Case Number 5:21-cv-00054. File received electronically |
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Filing 25
ORDER DENYING REMAND, QUASHING SERVICE, VACATING DEFAULT, AND TRANSFERRING CASE TO MIDDLE DISTRICT. Plaintiff's motion for a stay pending discovery (Doc. #15) is DENIED. Plaintiff's requests for judicial notice (Doc. #1-2, at 340, 343, 416) are GRANTED. Plaintiff's motion for remand (Doc. #4) is DENIED. Defendant's motion to set aside the default and quash service (Doc. #1-2, at 51) is GRANTED. The return of service on Defendant is QUASHED, and the default entered by the clerk of the state court is VACATED. Plaintiff's motions for sanctions, etc. (Doc. #1-2, at 108, 594) are DENIED. Plaintiff's motion for summary judgment after default (Doc. #1-2, at 38) is DENIED as moot. This case is TRANSFERRED to the United States District Court for the Middle District of Florida, Tampa Division, and the Clerk shall close the case file in this Court. Signed by JUDGE T KENT WETHERELL II on 3/29/2021. (blr) [Transferred from flnd on 3/29/2021.]
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| Filing 24 NOTICE Amending as to Related Action by BONAFIDE PROPERTIES LLC (SEGAL, LEE) [Transferred from flnd on 3/29/2021.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #23 Response in Opposition to #15 MOTION to Stay Adjudication of Service Issues Pending Discovery, Motion to Compel Discovery. (alb) [Transferred from flnd on 3/29/2021.] |
| Filing 23 RESPONSE in Opposition re #15 MOTION to Stay Adjudication of Service Issues Pending Discovery, Motion to Compel Discovery filed by THE BANK OF NEW YORK MELLON. (WALKER, CHRISTOPHER) [Transferred from flnd on 3/29/2021.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #3 Order, #16 Response to Motion, #17 Reply to Response to Motion. (alb) [Transferred from flnd on 3/29/2021.] |
| Filing 22 NOTICE of Supplemental Authority by BONAFIDE PROPERTIES LLC re #4 MOTION to Remand to State Court (Attachments: #1 Exhibit, #2 Exhibit) (SEGAL, LEE) [Transferred from flnd on 3/29/2021.] |
| Filing 21 Plaintiff's Notice of Filing Second Updated Version of Halow Affidavit, re, #4 MOTION to Remand to State Court by BONAFIDE PROPERTIES LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) Modified title of document on 3/17/2021 (alb). [Transferred from flnd on 3/29/2021.] |
| Filing 20 Plaintiff's Notice of Filing Updated Version of Halow Affidavit, re #15 MOTION to Stay Adjudication of Service Issues Pending Discovery, Motion to Compel Discovery, by BONAFIDE PROPERTIES LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) Modified title of document on 3/17/2021 (alb). [Transferred from flnd on 3/29/2021.] |
| Filing 19 NOTICE OF PRIOR OR SIMILAR CASES by THE BANK OF NEW YORK MELLON (Attachments: #1 Exhibit A) (WALKER, CHRISTOPHER) [Transferred from flnd on 3/29/2021.] |
| Filing 18 Corporate Disclosure Statement/Certificate of Interested Persons by THE BANK OF NEW YORK MELLON identifying Corporate Parent Bank of New York Mellon Corporation for THE BANK OF NEW YORK MELLON.. (WALKER, CHRISTOPHER) [Transferred from flnd on 3/29/2021.] |
| Filing 17 REPLY by THE BANK OF NEW YORK MELLON re #3 Order, REPLY IN SUPPORT OF ITS MOTION TO SET ASIDE CLERK'S DEFAULT AND MOTION TO QUASH SERVICE OF PROCESS. (Attachments: #1 Exhibit A, #2 Exhibit B) (WALKER, CHRISTOPHER) [Transferred from flnd on 3/29/2021.] |
| Filing 16 RESPONSE by THE BANK OF NEW YORK MELLON re #3 Order, MEMORANDUM OPPOSING MOTION TO STRIKE MOTION TO VACATE AND MOTIONS FOR SANCTIONS FOR FRAUD ON THE COURT, RESPONSE TO REQUESTS FOR JUDICIAL NOTICE, AND RESPONSE TO COURT ORDER REGARDING TRANSFER. (WALKER, CHRISTOPHER) [Transferred from flnd on 3/29/2021.] |
| Set Deadlines/Hearings re #4Motion for Remand, #15 Motion to Stay Adjudication. (Internal deadline for referral to judge if response not filed earlier: 3/25/2021). (alb) Modified on 3/24/2021 to correct hyperlink (alb). [Transferred from flnd on 3/29/2021.] |
| Filing 15 MOTION to Stay Adjudication of Service Issues Pending Discovery, Motion to Compel Discovery by BONAFIDE PROPERTIES LLC. (SEGAL, LEE) [Transferred from flnd on 3/29/2021.] |
| Filing 14 Plaintiff's Response to Motion to Quash, by BONAFIDE PROPERTIES LLC (SEGAL, LEE). [Transferred from flnd on 3/29/2021.] |
| Filing 13 AFFIDAVIT of Lee Segal by BONAFIDE PROPERTIES LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) [Transferred from flnd on 3/29/2021.] |
| Filing 12 NOTICE of Aviram Case by BONAFIDE PROPERTIES LLC (Attachments: #1 Exhibit) (SEGAL, LEE) [Transferred from flnd on 3/29/2021.] |
| Filing 11 NOTICE of Broward Case by BONAFIDE PROPERTIES LLC (Attachments: #1 Exhibit) (SEGAL, LEE) [Transferred from flnd on 3/29/2021.] |
| Filing 10 NOTICE of BONYM Service Challenges by BONAFIDE PROPERTIES LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (SEGAL, LEE)[Transferred from flnd on 3/29/2021.] |
| Filing 9 NOTICE of BONYM Court Filings by BONAFIDE PROPERTIES LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (SEGAL, LEE) [Transferred from flnd on 3/29/2021.] |
| Filing 8 AFFIDAVIT of Cheryl Santucci Admitting Merger by BONAFIDE PROPERTIES LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) [Transferred from flnd on 3/29/2021.] |
| Filing 7 AFFIDAVIT of Darrin Mish by BONAFIDE PROPERTIES LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) [Transferred from flnd on 3/29/2021.] |
| Filing 6 NOTICE of BONYM SEC Filings by BONAFIDE PROPERTIES LLC (Attachments: #1 Exhibit, #2 Exhibit) (SEGAL, LEE) [Transferred from flnd on 3/29/2021.] |
| Filing 5 NOTICE of BONY Annual Reports from 1995-2020 by BONAFIDE PROPERTIES LLC (Attachments: #1 Exhibit) (SEGAL, LEE) [Transferred from flnd on 3/29/2021.] |
| Filing 4 MOTION to Remand to State Court by BONAFIDE PROPERTIES LLC. (SEGAL, LEE) [Transferred from flnd on 3/29/2021.] |
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Filing 3
ORDER. Within 14 days from the date of this Order, Plaintiff shall respond to Defendant's motion to set aside the default, etc. (Doc. 1-2, at 51), and Defendant shall respond to Plaintiff's motions for sanctions, etc. (id. at 108, 594) and requests for judicial notice (id. at 340, 343, 416). The parties may file replies within 7 days after the responses are filed. (PLEASE SEE ORDER.) Signed by JUDGE T KENT WETHERELL II on 3/5/2021. (alb) [Transferred from flnd on 3/29/2021.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #1 Notice of Removal. (Please see proposed ISO.) (alb) [Transferred from flnd on 3/29/2021.] |
| Set Deadlines/Hearings RE #3 Order (Internal deadline for referral to judge if response not filed earlier: 3/19/2021). (replies within 7 days after responses are filed.) (alb) [Transferred from flnd on 3/29/2021.] |
| Filing 2 CIVIL COVER SHEET. (WALKER, CHRISTOPHER) [Transferred from flnd on 3/29/2021.] |
| Filing 1 NOTICE OF REMOVAL by THE BANK OF NEW YORK MELLON from FOURTEENTH JUDICIAL CIRCUIT, BAY COUNTY, FLORIDA, case number 2020-CA-1738. ( Filing fee $ 402 receipt number AFLNDC-5973607.), filed by THE BANK OF NEW YORK MELLON. (Attachments: #1 Exhibit A - CHART CASES, #2 Exhibit B - ALL STATE PLEADINGS, #3 Exhibit C - CORPORATE SEARCH, #4 Exhibit D - NOTICE OF FILING NOTICE OF REMOVAL) (WALKER, CHRISTOPHER) [Transferred from flnd on 3/29/2021.] |
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