Garcia et al v. Truist Bank
Mario Garcia, Jr., Stephen M. Benjamin, VSL Property Holdings (STB), LLC and VSL Operating Holdings (STB), LLC |
Truist Bank |
Roy Kobert |
8:2023cv02666 |
November 21, 2023 |
US District Court for the Middle District of Florida |
Virginia M Hernandez Covington |
Anthony E Porcelli |
Contract: Other |
28 U.S.C. § 2201 Declaratory Judgment |
None |
Docket Report
This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 48 RESPONSE in Opposition re #38 MOTION to Dismiss Plaintiffs' Amended Complaint and Incorporated Memorandum of Law filed by Stephen M. Benjamin, Mario Garcia, Jr, VSL Operating Holdings (STB), LLC, VSL Property Holdings (STB), LLC. (Anthony, John) |
![]() |
![]() |
![]() |
Filing 44 CASE MANAGEMENT REPORT. (Anthony, John) |
Filing 43 NOTICE of hearing on motion re #2 MOTION for an Ex Parte Temporary Restraining Order and a Preliminary Injunction and Incorporated Memorandum of Law. Motion Hearing set for 1/24/2024 at 09:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. Note to counsel: to (if necessary) update exhibit and witness lists.(LV) |
![]() |
Filing 41 NOTICE canceling Preliminary Injunction hearing hearing scheduled for 12/18/2023. The hearing will be rescheduled to a later date. (LV) |
![]() |
Filing 39 Joint MOTION to Continue by Defendant and by All Plaintiffs. (Anthony, John) |
Filing 38 MOTION to Dismiss Plaintiffs' Amended Complaint and Incorporated Memorandum of Law by Truist Bank. (Bassett, W.) |
Filing 37 MOTION to Amend Injunction Motion to Include Exhibits Previously Identified by Stephen M. Benjamin, Mario Garcia, Jr, VSL Operating Holdings (STB), LLC, VSL Property Holdings (STB), LLC. (Attachments: #1 Exhibit A)(Anthony, John) |
Filing 36 Unopposed MOTION for Miscellaneous Relief, specifically for Leave to File Certain Preliminary Injunction Hearing Exhibits Under Seal by Stephen M. Benjamin, Mario Garcia, Jr, VSL Operating Holdings (STB), LLC, VSL Property Holdings (STB), LLC. (Anthony, John) |
Filing 35 Witness List by Stephen M. Benjamin, Mario Garcia, Jr, VSL Operating Holdings (STB), LLC, VSL Property Holdings (STB), LLC. (Anthony, John) |
Filing 34 Exhibit List by Stephen M. Benjamin, Mario Garcia, Jr, VSL Operating Holdings (STB), LLC, VSL Property Holdings (STB), LLC. (Anthony, John) |
Filing 33 Exhibit List by Truist Bank. (Bassett, W.) |
Filing 32 Witness List by Truist Bank. (Bassett, W.) |
Filing 31 RESPONSE in Opposition re #2 MOTION for an Ex Parte Temporary Restraining Order and a Preliminary Injunction and Incorporated Memorandum of Law filed by Truist Bank. (Attachments: #1 Parks Declaration, #2 Parks Decl. Ex. A - Executed Amended & Restated Credit Agreement -Syndicated Revolving Facility, #3 Parks Decl. Ex. B - Amendments to Credit Agreement, #4 Parks Decl. Ex. C - Original Forbearance Agreement, #5 Parks Decl. Ex. D - Intro Sec. Ocoee Appraisal Report, #6 Parks Decl. Ex. E - Intro Sec. Kenner Appraisal Report, #7 McCormack Declaration, #8 Dutson Declaration, #9 Dutson Decl Ex. A - Nov. 21, 2023 Dutson Email, #10 Dutson Decl Ex. B - Nov. 22, 2023 Dutson Email, #11 Bassett Declaration, #12 Bassett Decl Exhibit A - Nov 24, 2023 Bassett Email)(Bassett, W.) |
Filing 30 NOTICE of hearing on motion re #2 MOTION for an Ex Parte Temporary Restraining Order and a Preliminary Injunction and Incorporated Memorandum of Law. Motion Hearing set for 12/18/2023 at 09:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. (LV) |
Filing 28 Minute Entry. Virtual Proceedings held before Magistrate Judge Anthony E. Porcelli: STATUS CONFERENCE held on 11/30/2023. (DIGITAL) (LV) |
![]() |
![]() |
![]() |
Filing 24 CORPORATE Disclosure Statement by Stephen M. Benjamin, Mario Garcia, Jr, VSL Operating Holdings (STB), LLC, VSL Property Holdings (STB), LLC identifying Corporate Parent VSL Holdings, LLC for VSL Operating Holdings (STB), LLC; Corporate Parent Validus Senior Living Holdings, LLC for VSL Property Holdings (STB), LLC. (Anthony, John) Modified on 11/29/2023 (CTR). |
Filing 23 AMENDED COMPLAINT Verified Amended Complaint against All Defendants filed by All Plaintiffs. (Attachments: #1 Exhibit A - Forbearance Agreement, #2 Exhibit B - BBG 2022 Alpharetta Appraisal, #3 Exhibit C - Demand Letter, #4 Exhibit D - CBRE Inspired Living at Alpharetta Appraisal)(Anthony, John) Modified on 11/29/2023 (CTR). |
![]() |
Filing 21 NOTICE TO COUNSEL Alexandra Titus, Benjamin B. Watson, Lawrence A. Slovensky Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Pay the Special Admission Fee; (Signed by Deputy Clerk). (CTR) |
FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-21501817 for $150 paid. Special Admission for Non-Resident Attorney Benjamin Watson. (Bassett, W.) |
FEE PAID. Fee for pro hac vice appearance, Receipt No. CFLMDC-21501659 for $150 paid. Special Admission for Non-Resident Attorney Alexandra Titus. (Bassett, W.) |
FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-21501854 for $150 paid. Special Admission for Non-Resident Attorney Lawrence A. Slovensky. (Bassett, W.) |
Filing 20 CORPORATE Disclosure Statement by Truist Bank. (Bassett, W.) |
Filing 19 Unopposed MOTION for Lawrence A. Slovensky to appear pro hac vice by Truist Bank. (Bassett, W.) Motions referred to Magistrate Judge Anthony E. Porcelli. |
Filing 18 Unopposed MOTION for Benjamin Watson to appear pro hac vice by Truist Bank. (Bassett, W.) Motions referred to Magistrate Judge Anthony E. Porcelli. |
Filing 17 Unopposed MOTION for Alexandra Titus to appear pro hac vice by Truist Bank. (Bassett, W.) Motions referred to Magistrate Judge Anthony E. Porcelli. |
Filing 16 NOTICE of a related action per Local Rule 1.07(c) by Stephen M. Benjamin, Mario Garcia, Jr, VSL Operating Holdings (STB), LLC, VSL Property Holdings (STB), LLC. Related case(s): No (Anthony, John) |
Filing 15 NOTICE of Lead Counsel Designation by John A. Anthony on behalf of Stephen M. Benjamin, Mario Garcia, Jr, VSL Operating Holdings (STB), LLC, VSL Property Holdings (STB), LLC. Lead Counsel: John A. Anthony, Esquire. (Anthony, John) |
Filing 14 NOTICE of hearing: Status Conference set for 11/30/2023 at 03:00 PM VIA ZOOM before Magistrate Judge Anthony E. Porcelli. Zoom information to be sent via email to counsel of record. (LV) |
![]() |
Filing 12 NOTICE of Appearance and Lead Counsel Designation Appearance by W. Randall Bassett on behalf of Truist Bank (Bassett, W.) |
Filing 11 SUMMONS issued as to Truist Bank. (AJS) |
Filing 10 NOTICE TO COUNSEL John A. Anthony of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) |
Filing 9 NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (MEJ) |
Filing 8 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 or elsewhere. (Signed by Deputy Clerk). (MEJ) |
Filing 7 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). (MEJ) |
![]() |
Filing 5 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). (MEJ) |
Filing 3 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:23-cv-02666-VMC-AEP. (AM) |
Filing 2 MOTION for an Ex Parte Temporary Restraining Order and a Preliminary Injunction and Incorporated Memorandum of Law by All Plaintiffs. (Attachments: #1 Exhibit Ex. A - Order on Motion for TRO)(Anthony, John) Modified on 11/21/2023 (SPM). |
Filing 1 COMPLAINT Verified against Truist Bank (Filing fee $402 receipt number AFLMDC-21485595) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit Ex. A - Forbearance Agreement, #4 Exhibit Ex. B - BBG 2022 Alpharetta Appraisal, #5 Exhibit Ex. C - Demand Letter, #6 Exhibit Ex. D - CBRE Inspired Living at Alpharetta Appraisal Report)(Anthony, John) Modified on 11/22/2023 to edit docket text (AJS). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.