Martinez v. SunUp Financial, LLC et al
Plaintiff: Jennie Martinez
Defendant: SunUp Financial, LLC and Capital Community Bank, Inc.
Case Number: 8:2023cv00731
Filed: April 3, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Mac R McCoy
Referring Judge: Steven D Merryday
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2023 Opinion or Order Filing 12 ORDER re #11--stipulation to arbitrate; construing the stipulation as a motion to stay action; granting the construed motion; staying this action pending the resolution of arbitration; directing the clerk to administratively close the case; directing the plaintiff to file no later than seven days after the receipt of the arbitral decision a notice announcing the decision. Signed by Judge Steven D. Merryday on 5/11/2023. (WBW)
May 11, 2023 Case Stayed. (CTR)
May 10, 2023 Filing 11 STIPULATION to Stay Proceedings Pending Binding Arbitration (Joint) by Capital Community Bank, Inc., SunUp Financial, LLC. (Williston, Gillian)
April 5, 2023 Filing 10 NOTICE of Local Rule 1.07(c) and Local Rule 3.02(a)(2). -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 or elsewhere. -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. (Signed by Deputy Clerk). (DAY)
April 4, 2023 Opinion or Order Filing 9 ENDORSED ORDER: The defendants unopposed motion (Doc. #7) to extend the time within which to respond to the complaint is GRANTED. Not later than MAY 10, 2023, the defendants must respond. Signed by Judge Steven D. Merryday on 4/4/2023. (WBW)
April 4, 2023 Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Capital Community Bank, Inc., SunUp Financial, LLC. Related case(s): No (Williston, Gillian)
April 4, 2023 Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal, Plaintiff's Complaint by Capital Community Bank, Inc., SunUp Financial, LLC. (Williston, Gillian)
April 4, 2023 Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Jennie Martinez. (Moomaw, Carolyne)
April 4, 2023 Filing 5 NOTICE of a related action per Local Rule 1.07(c) by Jennie Martinez. Related case(s): No (Moomaw, Carolyne)
April 4, 2023 Filing 4 NOTICE of Lead Counsel Designation by Carolyne V. Moomaw on behalf of Jennie Martinez. Lead Counsel: Carolyne Moomaw. (Moomaw, Carolyne)
April 4, 2023 Filing 3 NEW CASE ASSIGNED to Judge Steven D. Merryday and Magistrate Judge Mac R. McCoy. New case number: 8:23-cv-731-SDM-MRM. (BCB)
April 3, 2023 Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by Capital Community Bank, Inc., SunUp Financial, LLC identifying Corporate Parent Capital Community Bancorporation, Inc. for Capital Community Bank, Inc.; Corporate Parent Braviant Consumer, LLC for SunUp Financial, LLC. (Williston, Gillian)
April 3, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from County Court of the Tenth Judicial Circuit in and for Polk County, case number 2023CC001338000000 filed in State Court on March 1, 2023. Filing fee $402, receipt number AFLMDC-20682174 filed by Capital Community Bank, Inc., SunUp Financial, LLC. (Attachments: #1 State Court COMPLAINT Ex. A, #2 State Court Docket Sheet Ex. B, #3 State Court Other Documents Ex. C, #4 Civil Cover Sheet)(Williston, Gillian)

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Plaintiff: Jennie Martinez
Represented By: Carolyne V. Moomaw
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Defendant: SunUp Financial, LLC
Represented By: Gillian DiFilippo Williston
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Defendant: Capital Community Bank, Inc.
Represented By: Gillian DiFilippo Williston
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