U.S. Bank Trust Company, National Association v. Clearwater Cay Community Development District et al
| U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, in its capacity as Trustee pursuant to the Indenture herein referenced and U.S. Bank Trust Company, National Association |
| BOARD OF SUPERVISORS CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT, DONALD DWYER, PATRICK O'MALLEY, SR. and STEVEN WHITEHURST |
| CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT |
| 8:2023cv00835 |
| April 17, 2023 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| Mary S Scriven |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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Filing 30
ENDORSED ORDER GRANTING #29 Plaintiff's Unopposed Motion to [Extend Time to] Respond to Motions to Dismiss and Answer, Move, or Otherwise Respond to Amended Counterclaim. Plaintiff shall have up to and including July 14, 2023, to file an answer or otherwise respond to the Defendant Clearwater Cay Community Development District's Amended Counterclaim and to respond to the Defendants' Motions to Dismiss. Signed by Judge Mary S. Scriven on 6/5/2023. (KBC)
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| Filing 29 MOTION for Extension of Time to File Response/Reply as to #25 MOTION to Dismiss Complaint (dk. 1) , #21 Memorandum in support, #26 Counterclaim, #20 MOTION to Dismiss Complaint , #27 Notice (Other) by U.S. Bank Trust Company, National Association. (Summers, J.) |
| Filing 28 ***INCORRECT EVENT-COUNSE TO REFILE***NOTICE by Clearwater Cay Community Development District Notice of Pendency of Other Action (Barnes, Bruce) Modified on 6/1/2023 (LSS). |
| Filing 27 NOTICE by Board of Supervisors Clearwater Cay Community Development District Notice of Joinder (Barnes, Bruce) |
| Filing 26 Amended COUNTERCLAIM against Clearwater Cay Community Development District filed by Clearwater Cay Community Development District. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Barnes, Bruce) Modified on 5/30/2023 (LD). |
| Filing 25 MOTION to Dismiss Complaint (dk. 1) by Donald Dwyer(individually), Patrick O'Malley, Sr(individually), Steven Whitehurst(individually). (Scott, Dale) |
| Filing 24 COUNTERCLAIM against Clearwater Cay Community Development District filed by Clearwater Cay Community Development District. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Barnes, Bruce) Modified on 5/30/2023 (LD). |
| Filing 23 NOTICE of Appearance by Bruce William Barnes on behalf of Clearwater Cay Community Development District (Barnes, Bruce) |
| Filing 22 NOTICE by Clearwater Cay Community Development District Request for Oral Argument (Barnes, Bruce) |
| Filing 21 MEMORANDUM in support re #20 Motion to Dismiss Complaint filed by Clearwater Cay Community Development District. (Barnes, Bruce) |
| Filing 20 MOTION to Dismiss Complaint by Clearwater Cay Community Development District. (Barnes, Bruce) |
| Filing 19 NOTICE of Lead Counsel Designation and Appearance by Dale Alan Scott on behalf of Donald Dwyer(individually), Patrick O'Malley, Sr(individually), Steven Whitehurst(individually) (Scott, Dale) |
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Filing 18
ENDORSED ORDER GRANTING #16 Defendants' Motion for Extension of Time to Respond to the Complaint. All Defendants who have been served shall have up to and including Monday, May 29, 2023, to respond to the Complaint. Signed by Judge Mary S. Scriven on 5/16/2023. (KBC)
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| Filing 17 RESPONSE to Motion re #16 First MOTION for Extension of Time to File Response to Complaint filed by U.S. Bank Trust Company, National Association. (Attachments: #1 Exhibit A)(Summers, J.) |
| Filing 16 First MOTION for Extension of Time to File Response to Complaint by Donald Dwyer(individually), Donald Dwyer(in his capacity as Supervisor of Clearwater Cay Community Development District), Patrick O'Malley, Sr(in his capacity as Supervisor of Clearwater Cay Community Development District), Patrick O'Malley, Sr(individually). (Molloy, Daniel) |
| Filing 15 RETURN of service executed on 04.28.2023 by U.S. Bank Trust Company, National Association as to Steven Whitehurst(individually), Steven Whitehurst(in his capacity as Supervisor of Clearwater Cay Community Development District). (Attachments: #1 Affidavit Executed Return of Service)(Summers, J.) |
| Filing 14 RETURN of service executed on 04.25.2023 by U.S. Bank Trust Company, National Association as to Patrick O'Malley, Sr(in his capacity as Supervisor of Clearwater Cay Community Development District), Patrick O'Malley, Sr(individually). (Attachments: #1 Affidavit Executed Return of Service)(Summers, J.) |
| Filing 13 RETURN of service executed on 04.24.2023 by U.S. Bank Trust Company, National Association as to Donald Dwyer(individually), Donald Dwyer(in his capacity as Supervisor of Clearwater Cay Community Development District). (Attachments: #1 Affidavit Executed Return of Service)(Summers, J.) |
| Filing 12 RETURN of service executed on 04.25.2023 by U.S. Bank Trust Company, National Association as to Board of Supervisors Clearwater Cay Community Development District. (Attachments: #1 Affidavit Executed Return of Service)(Summers, J.) |
| Filing 11 RETURN of service executed on 04.20.2023 by U.S. Bank Trust Company, National Association as to Clearwater Cay Community Development District. (Attachments: #1 Affidavit Executed Return of Service)(Summers, J.) Modified on 5/4/2023 to edit event code. (LD). |
| Filing 10 ***TERMINATED, COUNSEL NOTIFIED TO RE-FILE USING "SUMMONS RETURNED EXCECUTE/UNEXCUTED AS TO EACH DEFENDANT"*** PROOF of service by U.S. Bank Trust Company, National Association (Attachments: #1 Affidavit Return of Service)(Summers, J.) Modified on 5/2/2023 (LD). |
| Filing 9 ***TERMINATED, COUNSEL NOTIFIED TO RE-FILE USING "SUMMONS RETURNED EXCECUTE/UNEXCUTED AS TO EACH DEFENDANT"*** PROOF of service by U.S. Bank Trust Company, National Association (Attachments: #1 Affidavit Return of Service)(Summers, J.) Modified on 5/2/2023 (LD). |
| Filing 8 ***TERMINATED, COUNSEL NOTIFIED TO RE-FILE USING "SUMMONS RETURNED EXCECUTE/UNEXCUTED AS TO EACH DEFENDANT"*** PROOF of service by U.S. Bank Trust Company, National Association (Attachments: #1 Affidavit Return of Service)(Summers, J.) Modified on 5/2/2023 (LD). |
| Filing 7 ***TERMINATED, COUNSEL NOTIFIED TO RE-FILE USING "SUMMONS RETURNED EXCECUTE/UNEXCUTED AS TO EACH DEFENDANT"*** PROOF of service by U.S. Bank Trust Company, National Association (Attachments: #1 Affidavit Return of Service)(Summers, J.) Modified on 5/2/2023 (LD). |
| Filing 6 ***TERMINATED, COUNSEL NOTIFIED TO RE-FILE USING "SUMMONS RETURNED EXCECUTE/UNEXCUTED AS TO EACH DEFENDANT"*** PROOF of service by U.S. Bank Trust Company, National Association (Attachments: #1 Affidavit Return of Service)(Summers, J.) Modified on 5/2/2023 (LD). |
| Filing 5 ***TERMINATED; INCORRECT EVENT CODE, EACH RETURN OF SERVICE SHALL BE FILED SEPARATELY*** PROOF of service by U.S. Bank Trust Company, National Association (Attachments: #1 Affidavit Return of Service - CDD, #2 Affidavit Return of Service - BOS, #3 Affidavit Return of Service - Dwyer, #4 Appendix Return of Service - O'Malley, #5 Affidavit Return of Service - Whitehurst)(Summers, J.) Modified on 5/2/2023 (LD). |
| Filing 4 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). (KAC) |
| Filing 3 SUMMONS issued as to Board of Supervisors Clearwater Cay Community Development District, Clearwater Cay Community Development District, Donald Dwyer(individually), Donald Dwyer(in his capacity as Supervisor of Clearwater Cay Community Development District), Patrick O'Malley, Sr(in his capacity as Supervisor of Clearwater Cay Community Development District), Patrick O'Malley, Sr(individually), Steven Whitehurst(individually), Steven Whitehurst(in his capacity as Supervisor of Clearwater Cay Community Development District). (LSS) |
| Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Sean P. Flynn. New case number: 8:23-cv-835-MSS-SPF. (RPB) |
| Filing 1 COMPLAINT against BOARD OF SUPERVISORS CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT, CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT, DONALD DWYER, PATRICK O'MALLEY, SR, STEVEN WHITEHURST (Filing fee $402 receipt number AFLMDC-20733468) filed by U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, in its capacity as Trustee pursuant to the Indenture herein referenced. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Composite Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Proposed Summons Clearwater Cay Summons, #17 Proposed Summons BOS Summons, #18 Proposed Summons BOS Summons, #19 Proposed Summons Dwyer Summons, #20 Proposed Summons O'Malley Summons, #21 Proposed Summons Whitehurst Summons, #22 Main Document Certificate of Interested Persons and Corporate Disclosure)(Summers, J.) Modified on 4/18/2023 to add receipt number (NAS). |
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