Pathward, National Association v. John Manubay MD LLC et al
| Pathward, National Association |
| John Manubay MD LLC and John Manubay |
| 8:2023cv02845 |
| December 13, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.
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| Filing 17 NOTICE of Appearance by Frank R. Jakes on behalf of John Manubay MD LLC, John Manubay (Jakes, Frank) |
Filing 16
ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #15), this cause is hereby dismissed, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60-day period, however, without further order, this dismissal shall be deemed with prejudice. Furthermore, the Court advises the parties that "good cause" exists to reopen an action when a settlement agreement has yet to be finalized because of various delays. But incomplete performance of an executed settlement agreement, such as the failure to disburse settlement funds, does not constitute good cause to reopen an action. This Court does not retain jurisdiction to ensure performance of a settlement agreement or consent judgment because such failure to perform should be addressed in a separate breach of contract action. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 1/26/2024. (DMD)
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| Filing 15 NOTICE of settlement by Pathward, National Association (Hanson, Jacob) |
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Filing 14
ENDORSED ORDER: Based on the proof of service documents (Doc. # #11, #12), Defendants' answers were due January 12, 2024. But none have been filed, and Plaintiff has not promptly applied to the Clerk for entry of Clerk's default. Accordingly, the Court urges Plaintiff to promptly apply to the Clerk for entry of default. See Local Rule 1.10(b) & (d). Signed by Judge Virginia M. Hernandez Covington on 1/22/2024. (DMD)
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Filing 13
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by January 26, 2024, file a completed uniform 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 1/2/2024. (DMD)
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| Filing 12 PROOF of service by Pathward, National Association, RETURN of service executed on 12/22/2023 by Pathward, National Association as to John Manubay MD LLC. (Hanson, Jacob) |
| Filing 11 PROOF of service by Pathward, National Association, RETURN of service executed on 12/22/2023 by Pathward, National Association as to John Manubay. (Hanson, Jacob) |
| Filing 10 AMENDED COMPLAINT against John Manubay MD LLC, John Manubay filed by Pathward, National Association. (Attachments: #1 Exhibit A - Finance Agreement, #2 Exhibit B - Notice of Assignment)(Hanson, Jacob) |
| Filing 9 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) |
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Filing 8
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 12/14/2023. (MEJ)
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| Filing 7 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 6 SUMMONS issued as to John Manubay MD LLC, John Manubay. (CTR) |
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Filing 5
ENDORSED ORDER: The complaint has been filed in this Court on the basis of diversity jurisdiction. (Doc. #1). But the complaint fails to sufficiently allege the citizenships of Pathward, National Association and John Manubay MD, LLC. As for Pathward, the complaint merely alleges that "Pathward is a federally chartered national bank with its place of business in Troy, Michigan" and "is not a citizen of California." (Id. at 2). "[A] national bank... is a citizen of the State in which its main office, as set forth in its articles of association, is located." Wachovia Bank v. Schmidt, 546 U.S. 303, 307 (2006). While the complaint alleges Pathward has "its place of business" in Michigan, the complaint does not allege that Michigan is the locus of Pathward's main office as designated in its articles of association. See Plevin v. US Bank Nat'l Ass'n for Fla. Mortg. Resol. Tr., Series 2014-4, No. 6:15-cv-412-ORL41KRS, 2015 WL 12859413, at *1 (M.D. Fla. May 13, 2015) ("While Plaintiff alleges that the principal place of business of US Bank National Association is in Ohio, that is insufficient to establish the locus of its main office as designated in its articles of association. Therefore, the Complaint is insufficient to establish the citizenship of US Bank National Association."). Additionally, the complaint merely alleges that John Manubay MD, LLC "is an limited liability company that is organized under Pennsylvania law and has its principal place of business at 4400 Penn Avenue, Sinking Spring, Pennsylvania 19608." (Doc. # 1 at 2). 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, if Pathward does not wish for the Court to dismiss this case without prejudice for lack of subject matter jurisdiction, it must file an amended complaint that sufficiently alleges the basis for diversity jurisdiction by December 20, 2023. Signed by Judge Virginia M. Hernandez Covington on 12/14/2023. (DMD)
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| Filing 4 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:23-cv-02845-VMC-SPF. (TRF) |
| Filing 3 NOTICE of a related action per Local Rule 1.07(c) by Pathward, National Association. Related case(s): No (Hanson, Jacob) |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by Pathward, National Association identifying Corporate Parent Pathward Financial, Inc. for Pathward, National Association. (Hanson, Jacob) |
| Filing 1 COMPLAINT against John Manubay MD LLC, John Manubay (Filing fee $405 receipt number AFLMDC-21559448) filed by Pathward, National Association. (Attachments: #1 Exhibit A - Finance Agreement, #2 Exhibit B - Notice of Assignment, #3 Civil Cover Sheet, #4 Proposed Summons, #5 Proposed Summons)(Hanson, Jacob) |
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