Florida Limited Investment Properties, Inc. v. Deutsche Bank National Trust Company, as Trustee
| Florida Limited Investment Properties, Inc. |
| Deutsche Bank National Trust Company, as Trustee |
| 8:2021cv02130 |
| September 10, 2021 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 27, 2021. A more recent docket listing may be available from PACER.
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Filing 44
ENDORSED ORDER: The Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 10/27/2021. (Covington, Virginia)
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Filing 43
ENDORSED ORDER denying as moot #33 Motion for Attorney Fees. This matter has been dismissed. Signed by Judge Virginia M. Hernandez Covington on 10/26/2021. (Covington, Virginia)
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Filing 42
ENDORSED ORDER: This case is dismissed without prejudice for failure to prosecute. On October 7, 2021, the Court directed Plaintiff "to file by October 15, 2021, a status report concerning its efforts at service of process, or, if it has effected service, file proof of such service on the docket." (Doc. # 39). The Court warned that "If Plaintiff fails to respond to this Court's directive, the Court may issue a show-cause order pursuant to Local Rule 3.10." (Id.). The deadline to file the status report on service passed and no status report or proof of service had been filed. Plaintiff was to show cause by October 22, 2021, why this action should not be dismissed for failure to prosecute. Yet nothing was filed in response. Accordingly Plaintiff has failed to show cause and the case is dismissed. Signed by Judge Virginia M. Hernandez Covington on 10/26/2021. (Covington, Virginia)
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Filing 41
ENDORSED ORDER: On October 7, 2021, the Court directed Plaintiff "to file by October 15, 2021, a status report concerning its efforts at service of process, or, if it has effected service, file proof of such service on the docket." (Doc. # 39). The Court warned that "If Plaintiff fails to respond to this Court's directive, the Court may issue a show-cause order pursuant to Local Rule 3.10." (Id.). The deadline to file the status report on service has passed but no status report or proof of service has been filed. Accordingly, Plaintiff is directed to show cause by October 22, 2021, why this action should not be dismissed for failure to prosecute. Signed by Judge Virginia M. Hernandez Covington on 10/18/2021. (DMD)
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| Filing 40 RESPONSE in Opposition re #33 MOTION for Attorney Fees Against Lee Segal Personally filed by Florida Limited Investment Properties, Inc.. (Attachments: #1 Affidavit of Zachary Heathcote, #2 Affidavit of Michael Levey, #3 Affidavit of Michael Roth)(Segal, Lee) |
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Filing 39
ENDORSED ORDER: Defendant has represented that, as of September 30, 2021, Plaintiff still has not properly effected service of process on it. (Doc. #38). Accordingly, Plaintiff is directed to file by October 15, 2021, a status report concerning its efforts at service of process, or, if it has effected service, file proof of such service on the docket. If Plaintiff fails to respond to this Court's directive, the Court may issue a show-cause order pursuant to Local Rule 3.10. Based upon its review of the record, the Court also sets aside the requirement for the parties to file a case management report at this time. If the Defendant is properly served in this case, the Court will enter an order setting a new deadline regarding that report. Signed by Judge Virginia M. Hernandez Covington on 10/7/2021. (SGM)
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| Filing 38 NOTICE by Deutsche Bank National Trust Company, as Trustee re #26 Order Adopting Report and Recommendations, Order on Motion to Remand, Order on Motion to Strike, Order on Report and Recommendations, 37 Order; Notice of Lack of Service of Process on Defendant and Notice of Defendant's Compliance with Case Management. (Attachments: #1 Exhibit A - Order Adopting Recommendation (Quashing SOP), #2 Exhibit B - Email to Lee Segal)(Norrow, Beth) |
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Filing 37
ENDORSED ORDER: Pursuant to the Court's order entered on September 15, 2021 (Doc. # 32), the parties were required to file a case management report by September 29, 2021. Based on a review of the docket, a case management report has not been filed. The parties are directed to file a case management report by October 6, 2021. Signed by Judge Virginia M. Hernandez Covington on 9/30/2021. (KMH)
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Filing 36
ENDORSED ORDER: Defendant Deutsche Bank National Trust Company's Motion for Attorney's Fees (Doc. #33) is hereby referred to the Honorable Julie S. Sneed, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 9/21/2021. (KMH)
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| Filing 35 NOTICE to the Courts to take judicial notice regarding #33 MOTION for Attorney Fees by Deutsche Bank National Trust Company, as Trustee. (Attachments: #1 Exhibit 1 - Kaye Pinellas County Case 20-2097 Docket, #2 Exhibit 2 - Kaye Okechobee Case 20-CA-148 Docket, #3 Exhibit 3 - Segal Affidavit)(Norrow, Beth) |
| Filing 34 NOTICE to the Courts to take judicial notice regarding #33 MOTION for Attorney Fees by Deutsche Bank National Trust Company, as Trustee. (Attachments: #1 Exhibit 1 - Segal Filings on behalf of 4417 Rudde, #2 Exhibit 2- Segal Filings on behalf of Ziferryn Ventures, #3 Exhibit 3- Segal Filings on behalf of George Weber, #4 Exhibit 4- Segal Filings on behalf of Carla Turner-Hahn, #5 Exhibit 5- Segal Filings on behalf of Anna Lofgren, #6 Exhibit 6 - Segal Filings on behalf of Michael and Marcia Haulsee, #7 Exhibit 7- Segal Filings on behalf of Jacaranda)(Norrow, Beth) |
| Filing 33 MOTION for Attorney Fees by Deutsche Bank National Trust Company, as Trustee. (Attachments: #1 Exhibit 1 - Test Cases, #2 Exhibit 2 - DBNTC-BNYM Cases, #3 Exhibit 3 - Docket, #4 Exhibit 4 - Show Cause Order, #5 Exhibit 5 - Response to Order to Show Cause, #6 Exhibit 6 - Dismissal and Re-Filed Complain, #7 Exhibit 7 - Affidavit of CT Corp)(Norrow, Beth) |
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Filing 32
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by September 29, 2021, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more 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. After the Case Management Report is filed, the Court will 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 9/15/2021. (KMH)
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| Filing 31 NOTICE by Deutsche Bank National Trust Company, as Trustee re #1 Complaint, 30 Order; NOTICE OF REMOVAL (AMENDED). (Attachments: #1 Exhibit A - FLIP Sunbiz Filing and Articles of Dissolution, #2 Exhibit B - DBNTC Corp Exist Records)(Norrow, Beth) |
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Filing 30
ENDORSED ORDER: Defendant removed this case on the basis of diversity of citizenship. Yet, the notice of removal fails to sufficiently establish Plaintiff's citizenship. The notice of removal merely states that Plaintiff is "is a dissolved Florida limited liability company with its principal place of business in Bellaire Bluffs, Florida." (Doc. #1). But "a limited liability company is a citizen of any state of which a member of the company is a citizen." Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Thus, "[t]o sufficiently allege the citizenships of" a limited liability company, "a party must list the citizenships of all the members of the limited liability company." Id. Accordingly, to establish that complete diversity exists, Defendant must file an amended notice of removal listing the citizenships of all the members of Plaintiff by September 17, 2021. Signed by Judge Virginia M. Hernandez Covington on 9/10/2021. (KMH)
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| Filing 29 TRANSFER IN from the Southern District of Florida. Case assigned to District Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New Case Number: 8:21-cv-2130-VMC-JSS. (JNB) |
| Filing 28 Case transferred in from District of Florida Southern; Case Number 2:21-cv-14039. File received electronically |
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Filing 27
ORDER Granting #22 MOTION TO TRANSFER VENUE. Signed by Judge Jose E. Martinez on 9/10/2021. See attached document for full details. (cds) [Transferred from flsd on 9/10/2021.]
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Filing 26
ORDER ADOPTING REPORT AND RECOMMENDATIONS; Denying #8 Motion to Remand; Denying #14 Motion to Strike; Defendants Motion to Quash Service of Process, (ECF No. 1-3), is GRANTED; The entry of default and default judgment entered against Defendant is VACATED; Adopting #25 Report and Recommendations. Certificate of Appealability: No Ruling. Signed by Judge Jose E. Martinez on 9/10/2021. See attached document for full details. (cds) [Transferred from flsd on 9/10/2021.]
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| Civil Case Terminated. Closing Case. PER DE#27 (cds) [Transferred from flsd on 9/10/2021.] |
| Filing 25 REPORT AND RECOMMENDATIONS re #8 MOTION to Remand filed by Florida Limited Investment Properties, Inc., #14 Plaintiff's MOTION to Strike #13 Response/Reply (Other) filed by Florida Limited Investment Properties, Inc. Recommending Plaintiffs Motion for Remand [DE 8] be DENIED; 2.Defendants Motion to Quash Service of Process [DE 1-3] be GRANTED; 3.The entry of default and default judgment entered against Defendant be VACATED; and 4.Plaintiffs Motion to Strike Unsworn Hearsay Assertions [DE 14] be DENIED.. Objections to R&R due by 9/9/2021 Signed by Magistrate Judge Shaniek M. Maynard on 8/26/2021. See attached document for full details. (cds) [Transferred from flsd on 9/10/2021.] |
| Filing 24 NOTICE by Deutsche Bank National Trust Company, as Trustee re #1 Notice of Removal (State Court Complaint), #12 Response/Reply (Other) Updated Local Rule 7.1(B) Certification (Attachments: #1 Exhibit A - Conferral Letter and Email) (Norrow, Beth) [Transferred from flsd on 9/10/2021.] |
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Filing 23
ORDER TO SHOW CAUSE re #22 Defendant's MOTION Motion to Transfer to Middle District filed by Deutsche Bank National Trust Company, as Trustee. Show Cause Response due by 7/2/2021. Signed by Judge Jose E. Martinez on 7/1/2021. See attached document for full details. (cqs) [Transferred from flsd on 9/10/2021.]
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| Filing 22 Defendant's MOTION Motion to Transfer to Middle District by Deutsche Bank National Trust Company, as Trustee. (Norrow, Beth) [Transferred from flsd on 9/10/2021.] |
| Filing 21 NOTICE by Deutsche Bank National Trust Company, as Trustee re #19 Notice (Other) / Defendant's Notice of Filing Order Adjudicating Motion for Consolidation (Attachments: #1 Exhibit Kenny Order Denying Consolidation) (Norrow, Beth) [Transferred from flsd on 9/10/2021.] |
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Filing 20
ORDER OF REFERENCE TO MAGISTRATE JUDGE. All matters relating to Defendants Motion to Quash Service of Process, (ECF No. 1-3)., #8 MOTION to Remand filed by Florida Limited Investment Properties, Inc., #14 Plaintiff's MOTION to Strike #13 Response/Reply (Other) filed by Florida Limited Investment Properties, Inc.. Motions referred to Judge Shaniek M. Maynard. Signed by Judge Jose E. Martinez on 3/26/2021. See attached document for full details. (cds) [Transferred from flsd on 9/10/2021.]
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| Filing 19 NOTICE by Florida Limited Investment Properties, Inc. of Filing (Attachments: #1 Motion to Consolidate Cases) (Segal, Lee) [Transferred from flsd on 9/10/2021.] |
| Filing 18 RESPONSE in Opposition re #14 Plaintiff's MOTION to Strike #13 Response/Reply (Other) (Response to Plaintiff's Motion to Strike Unsworn Hearsay Assertions) filed by Deutsche Bank National Trust Company, as Trustee. Replies due by 3/15/2021. (Norrow, Beth) [Transferred from flsd on 9/10/2021.] |
| Filing 17 Notice of Supplemental Authority re #1 Notice of Removal (State Court Complaint), #13 Response/Reply (Other), #14 Plaintiff's MOTION to Strike #13 Response/Reply (Other) (Second) by Deutsche Bank National Trust Company, as Trustee (Attachments: #1 Exhibit A - Market Tampa Order Quashing Service, #2 Exhibit B - 2950 Summer Order Quashing Service, #3 Exhibit C - Weber (MD) Order Quashing Service, #4 Exhibit D - Depoalo Order Quashing Service, #5 Exhibit E - Quest Order Quashing Service, #6 Exhibit F - Kenny Order Quashing Service) (Norrow, Beth) [Transferred from flsd on 9/10/2021.] |
| Filing 16 RESPONSE in Opposition re #8 MOTION to Remand filed by Deutsche Bank National Trust Company, as Trustee. Replies due by 3/8/2021. (Attachments: #1 Exhibit A - DBNTC Affidavit, #2 Exhibit B - DBNTC Spreadsheet of Cases)(Norrow, Beth) [Transferred from flsd on 9/10/2021.] |
| Filing 15 Notice of Supplemental Authority re #13 Response/Reply (Other) by Deutsche Bank National Trust Company, as Trustee (Attachments: #1 Exhibit 1 - Decoursy Orders, #2 Exhibit 2 - Weber Order, #3 Exhibit 3 - Glen East Order) (Norrow, Beth) [Transferred from flsd on 9/10/2021.] |
| Filing 14 Plaintiff's MOTION to Strike #13 Response/Reply (Other) by Florida Limited Investment Properties, Inc.. Responses due by 3/9/2021 (Segal, Lee) [Transferred from flsd on 9/10/2021.] |
| Filing 13 Defendant's REPLY to #12 Response/Reply (Other) to Plaintiff's Response in Opposition to Motion to Quash Service of Process by Deutsche Bank National Trust Company, as Trustee. (Norrow, Beth) [Transferred from flsd on 9/10/2021.] |
| Filing 12 Plaintiff's RESPONSE to #1 Notice of Removal (State Court Complaint), Response To Motion to Quash filed by Defendant in State Court by Florida Limited Investment Properties, Inc.. (Segal, Lee) [Transferred from flsd on 9/10/2021.] |
| Filing 11 NOTICE by Florida Limited Investment Properties, Inc. re #8 MOTION to Remand Filing Affidavit of Michael Roth (Attachments: #1 Affidavit Affidavit of Michael Roth) (Segal, Lee) [Transferred from flsd on 9/10/2021.] |
| Filing 10 NOTICE by Florida Limited Investment Properties, Inc. re #8 MOTION to Remand Filing Affidavit of Michael Levey (Attachments: #1 Affidavit Affidavit of Michael Levey) (Segal, Lee) [Transferred from flsd on 9/10/2021.] |
| Filing 9 NOTICE by Florida Limited Investment Properties, Inc. re #8 MOTION to Remand Attestation of Lior Segal (Segal, Lee) [Transferred from flsd on 9/10/2021.] |
| Filing 8 MOTION to Remand by Florida Limited Investment Properties, Inc.. (Segal, Lee) [Transferred from flsd on 9/10/2021.] |
| Filing 7 REPORT REGARDING Removal Status by Deutsche Bank National Trust Company, as Trustee (Norrow, Beth) [Transferred from flsd on 9/10/2021.] |
| Filing 6 Notice of Pending, Refiled, Related or Similar Actions by Deutsche Bank National Trust Company, as Trustee (Norrow, Beth) [Transferred from flsd on 9/10/2021.] |
| Filing 5 Certificate of Other Affiliates/Corporate Disclosure Statement and Certificate of Interested Persons by Deutsche Bank National Trust Company, as Trustee identifying Corporate Parent Deutsche Bank AG, Other Affiliate Deutsche Bank Trust Corporation, Other Affiliate Deutsche Bank Holdings, Inc., Other Affiliate DB USA Corporation for Deutsche Bank National Trust Company, as Trustee (Norrow, Beth) [Transferred from flsd on 9/10/2021.] |
| Filing 4 NOTICE OF COURT PRACTICE IN REMOVAL CASES., ( Removal Status Report due by 2/8/2021.) Signed by Judge Jose E. Martinez on 1/25/2021. See attached document for full details. (cds) [Transferred from flsd on 9/10/2021.] |
| Filing 3 Bar Letter re: Admissions sent to attorney Lee Segal, mailing date January 25, 2021, (pt) [Transferred from flsd on 9/10/2021.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (cds) [Transferred from flsd on 9/10/2021.] |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint and Demand for Jury Trial) Filing fee $ 402.00 receipt number CFLSDC-14266025, filed by Deutsche Bank National Trust Company, as Trustee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (State Court documents), #4 Exhibit D, #5 Civil Cover Sheet)(Norrow, Beth) Text Modified on 1/25/2021 (cds). No Answer/Motion to Dismiss Filed. [Transferred from flsd on 9/10/2021.] |
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| Petitioner: Florida Limited Investment Properties, Inc. | |
| Represented By: | Lee Segal |
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| Respondent: Deutsche Bank National Trust Company, as Trustee | |
| Represented By: | Jason H. Okleshen |
| Represented By: | Beth Ann Norrow |
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