Boeve v. Southstate Bank N.A.
| Kevin J. Boeve |
| Southstate Bank N.A. and South State Bank, N.A. |
| 8:2024cv00647 |
| March 20, 2024 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Amanda Arnold Sansone |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 17, 2024. A more recent docket listing may be available from PACER.
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| Filing 15 MOTION for Default Judgment against Southstate Bank N.A. by Kevin J. Boeve. (e-portal) (GL) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
Filing 14
ENDORSED ORDER: "Plaintiff Kevin J Boeve's Pro Se Motion to Strike Defendant's Motion to Dismiss for an Attempt to Deny Due Process" (Doc. #9) is hereby denied. See Federal Rule of Civil Procedure 1 (Federal Rules of Civil Procedure "should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding."). The Court notes that the instant motion to strike does not comply with Local Rule 3.01(g). In addition, the motion is procedurally improper because a motion to strike under Rule 12(f) may only be directed at pleadings, not motions. See Fed. R. Civ. P. 12(f); Fed. R. Civ. P. 7(a); Oliver v. Lyonais, No. 3:16-CV-1490-J-34MCR, 2017 WL 3638306, at *2 (M.D. Fla. June 1, 2017), report and recommendation adopted in part, No. 316CV01490J34MCR, 2017 WL 3084817 (M.D. Fla. July 20, 2017). And finally, contrary to Plaintiff's position, Defendant's motion to dismiss (Doc. #5) does not contain any immaterial, impertinent, or scandalous matters. The Court notes that the pendency of the motion to strike does not toll the time to respond, so Plaintiff's response to the motion to dismiss is due on or before May 13, 2024. Failure to respond will result in the Court treating the motion as unopposed. Signed by Judge Thomas P. Barber on 5/10/2024. (ANL)
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Filing 13
ENDORSED ORDER granting #7 #12 Motions for IDEAL Case Management Conference. Videoconference is scheduled for May 21, 2024 at 2:00 p.m. before Magistrate Judge Amanda Arnold Sansone. The court will send pro se plaintiff and counsel a calendar entry containing a link to the videoconference information. Signed by Magistrate Judge Amanda Arnold Sansone on 5/7/2024. (BEE)
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| Filing 12 Unopposed MOTION for Case Management Conference by Southstate Bank N.A. (Laquidara, Cindy) |
| Filing 11 RESPONSE to Motion re #9 MOTION to Strike #5 MOTION to Dismiss and Memorandum of Law filed by Southstate Bank N.A. (Laquidara, Cindy) |
| Filing 10 NOTICE of Appearance by Mariana Munoz on behalf of Southstate Bank N.A. (Munoz, Mariana) |
| Filing 8 NOTICE of Order Referring Case to U.S. Magistrate Judge for IDEAL Program. See attached Order for important deadlines and information about the IDEAL Program. (ABC) |
| Filing 9 MOTION to Strike #5 MOTION to Dismiss and Memorandum of Law by Kevin J. Boeve. (AA) (e-portal) |
| Filing 7 MOTION for Miscellaneous Relief, specifically Case Management Conference Pursuant to IDEAL, or in the Alternative, to Stay Discovery Pending the Disposition of SouthState Bank, N.A.'s Motion to Dismiss; Rule 3(g) Certification and Memorandum in Support by Southstate Bank N.A. (Laquidara, Cindy). |
| Filing 6 NOTICE TO COUNSEL Michael C. Dickey of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (EAM) |
| Filing 5 MOTION to Dismiss and Memorandum of Law by Southstate Bank N.A. (Laquidara, Cindy) |
| Filing 4 NOTICE of Appearance by Cindy A. Laquidara on behalf of Southstate Bank N.A. (Laquidara, Cindy) |
| Filing 3 RETURN of service executed on 04/01/2024 by Kevin J. Boeve as to Southstate Bank N.A.. (AA) (e-portal) |
| Filing 2 SUMMONS issued as to Southstate Bank N.A. (LNR) |
| Filing 1 COMPLAINT against Southstate Bank N.A. with Jury Demand. Filing fee $405, receipt number TPA70151 filed by Kevin J. Boeve. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Mailing Envelope)(LNR) |
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