BONAFIDE PROPERTIES LLC v. THE BANK OF NEW YORK MELLON
| BONAFIDE PROPERTIES, LLC, AS TRUSTEE and BONAFIDE PROPERTIES LLC |
| THE BANK OF NEW YORK MELLON |
| 5:2021cv00054 |
| March 4, 2021 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| T KENT WETHERELL |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 27 ACKNOWLEDGMENT. Case transferred from Florida Northern has been opened in Middle District of Florida as case 8:21-cv-00752, filed 03/29/2021. (blr) |
| Filing 26 Interdistrict Transfer to the Middle District of Florida, Tampa Division, located at US District Courthouse, 801 North Florida Avenue, Tampa, FL 33602. (blr) |
Filing 25
ORDER DENYING REMAND, QUASHING SERVICE, VACATING DEFAULT, AND TRANSFERRING CASE TO MIDDLE DISTRICT. Plaintiff's motion for a stay pending discovery (Doc. #15 ) is DENIED. Plaintiff's requests for judicial notice (Doc. #1 -2, at 340, 343, 416) are GRANTED. Plaintiff's motion for remand (Doc. #4 ) is DENIED. Defendant's motion to set aside the default and quash service (Doc. #1 -2, at 51) is GRANTED. The return of service on Defendant is QUASHED, and the default entered by the clerk of the state court is VACATED. Plaintiff's motions for sanctions, etc. (Doc. #1 -2, at 108, 594) are DENIED. Plaintiff's motion for summary judgment after default (Doc. #1 -2, at 38) is DENIED as moot. This case is TRANSFERRED to the United States District Court for the Middle District of Florida, Tampa Division, and the Clerk shall close the case file in this Court. Signed by JUDGE T KENT WETHERELL II on 3/29/2021. (blr)
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| Filing 24 NOTICE Amending as to Related Action by BONAFIDE PROPERTIES LLC (SEGAL, LEE) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #23 Response in Opposition to #15 MOTION to Stay Adjudication of Service Issues Pending Discovery, Motion to Compel Discovery. (alb) |
| Filing 23 RESPONSE in Opposition re #15 MOTION to Stay Adjudication of Service Issues Pending Discovery, Motion to Compel Discovery filed by THE BANK OF NEW YORK MELLON. (WALKER, CHRISTOPHER) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #3 Order, #16 Response to Motion, #17 Reply to Response to Motion. (alb) |
| Filing 22 NOTICE of Supplemental Authority by BONAFIDE PROPERTIES LLC re #4 MOTION to Remand to State Court (Attachments: #1 Exhibit, #2 Exhibit) (SEGAL, LEE) |
| Filing 21 Plaintiff's Notice of Filing Second Updated Version of Halow Affidavit, re, #4 MOTION to Remand to State Court by BONAFIDE PROPERTIES LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) Modified title of document on 3/17/2021 (alb). |
| Filing 20 Plaintiff's Notice of Filing Updated Version of Halow Affidavit, re #15 MOTION to Stay Adjudication of Service Issues Pending Discovery, Motion to Compel Discovery, by BONAFIDE PROPERTIES LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) Modified title of document on 3/17/2021 (alb). |
| Filing 19 NOTICE OF PRIOR OR SIMILAR CASES by THE BANK OF NEW YORK MELLON (Attachments: #1 Exhibit A) (WALKER, CHRISTOPHER) |
| Filing 18 Corporate Disclosure Statement/Certificate of Interested Persons by THE BANK OF NEW YORK MELLON identifying Corporate Parent Bank of New York Mellon Corporation for THE BANK OF NEW YORK MELLON.. (WALKER, CHRISTOPHER) |
| Filing 17 REPLY by THE BANK OF NEW YORK MELLON re #3 Order, REPLY IN SUPPORT OF ITS MOTION TO SET ASIDE CLERK'S DEFAULT AND MOTION TO QUASH SERVICE OF PROCESS. (Attachments: #1 Exhibit A, #2 Exhibit B) (WALKER, CHRISTOPHER) |
| Filing 16 RESPONSE by THE BANK OF NEW YORK MELLON re #3 Order, MEMORANDUM OPPOSING MOTION TO STRIKE MOTION TO VACATE AND MOTIONS FOR SANCTIONS FOR FRAUD ON THE COURT, RESPONSE TO REQUESTS FOR JUDICIAL NOTICE, AND RESPONSE TO COURT ORDER REGARDING TRANSFER. (WALKER, CHRISTOPHER) |
| Set Deadlines/Hearings re #4 Motion for Remand, #15 Motion to Stay Adjudication. (Internal deadline for referral to judge if response not filed earlier: 3/25/2021). (alb) Modified on 3/24/2021 to correct hyperlink (alb). |
| Filing 15 MOTION to Stay Adjudication of Service Issues Pending Discovery, Motion to Compel Discovery by BONAFIDE PROPERTIES LLC. (SEGAL, LEE) |
| Filing 14 Plaintiff's Response to Motion to Quash, by BONAFIDE PROPERTIES LLC (SEGAL, LEE). |
| Filing 13 AFFIDAVIT of Lee Segal by BONAFIDE PROPERTIES LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 12 NOTICE of Aviram Case by BONAFIDE PROPERTIES LLC (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 11 NOTICE of Broward Case by BONAFIDE PROPERTIES LLC (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 10 NOTICE of BONYM Service Challenges by BONAFIDE PROPERTIES LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (SEGAL, LEE) |
| Filing 9 NOTICE of BONYM Court Filings by BONAFIDE PROPERTIES LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (SEGAL, LEE) |
| Filing 8 AFFIDAVIT of Cheryl Santucci Admitting Merger by BONAFIDE PROPERTIES LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 7 AFFIDAVIT of Darrin Mish by BONAFIDE PROPERTIES LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 6 NOTICE of BONYM SEC Filings by BONAFIDE PROPERTIES LLC (Attachments: #1 Exhibit, #2 Exhibit) (SEGAL, LEE) |
| Filing 5 NOTICE of BONY Annual Reports from 1995-2020 by BONAFIDE PROPERTIES LLC (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 4 MOTION to Remand to State Court by BONAFIDE PROPERTIES LLC. (SEGAL, LEE) |
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Filing 3
ORDER. Within 14 days from the date of this Order, Plaintiff shall respond to Defendant's motion to set aside the default, etc. (Doc. 1-2, at 51), and Defendant shall respond to Plaintiff's motions for sanctions, etc. (id. at 108, 594) and requests for judicial notice (id. at 340, 343, 416). The parties may file replies within 7 days after the responses are filed. (PLEASE SEE ORDER.) Signed by JUDGE T KENT WETHERELL II on 3/5/2021. (alb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #1 Notice of Removal. (Please see proposed ISO.) (alb) |
| Set Deadlines/Hearings RE #3 Order (Internal deadline for referral to judge if response not filed earlier: 3/19/2021). (replies within 7 days after responses are filed.) (alb) |
| Filing 2 CIVIL COVER SHEET. (WALKER, CHRISTOPHER) |
| Filing 1 NOTICE OF REMOVAL by THE BANK OF NEW YORK MELLON from FOURTEENTH JUDICIAL CIRCUIT, BAY COUNTY, FLORIDA, case number 2020-CA-1738. ( Filing fee $ 402 receipt number AFLNDC-5973607.), filed by THE BANK OF NEW YORK MELLON. (Attachments: #1 Exhibit A - CHART CASES, #2 Exhibit B - ALL STATE PLEADINGS, #3 Exhibit C - CORPORATE SEARCH, #4 Exhibit D - NOTICE OF FILING NOTICE OF REMOVAL) (WALKER, CHRISTOPHER) |
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