Arndt et al v. Twenty-One Eighty-Five, LLC et al
Plaintiff: Shirley Silkiss and Kelly Arndt
Defendant: Twenty-One Eighty-Five, LLC and State Farm Bank, F.S.B.
Case Number: 0:2019cv62902
Filed: November 22, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Barry S Seltzer
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 7, 2020 Opinion or Order Filing 29 ORDER denying as moot #20 Motion to Dismiss. Signed by Judge Cecilia M. Altonaga on 1/7/2020. See attached document for full details. (ps1)
January 6, 2020 Filing 28 Plaintiff's AMENDED COMPLAINT for Damages and Incidental Relief against Defendants, Twenty-One Eighty-Five, LLC, and State Farm Bank, F.S.B. against Kelly Arndt, filed by Kelly Arndt. (Attachments: #1 Exhibit A - Arndt Finance Agreement, #2 Exhibit B - Notice of Sale, #3 Exhibit C - Arndt Deficiency Collection Notice)(Murphy, Robert)
January 6, 2020 Filing 27 RESPONSE to Motion re #20 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), filed by Kelly Arndt. Replies due by 1/13/2020. (Murphy, Robert)
December 26, 2019 Opinion or Order Filing 26 ORDER Scheduling Mediation before Jeffrey M. Fleming. Mediation Hearing set for 6/11/2020 09:00 AM. The parties are reminded that a report of the mediation is due within seven (7) days of the mediation conference. Signed by Judge Cecilia M. Altonaga on 6/26/2019. See attached document for full details. (wc)
December 26, 2019 Opinion or Order Filing 25 ORDER granting #24 Unopposed Motion for Extension of Time to File Response #20 Defendant's MOTION to Dismiss. Plaintiffs shall file their response to Defendants' Motion to Dismiss by January 9, 2020. Signed by Judge Cecilia M. Altonaga on 12/26/2019. See attached document for full details. (wc)
December 23, 2019 Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Defendants' Motion to Dismiss by Kelly Arndt. (Attachments: #1 Text of Proposed Order Order on Unopposed Motion for Extension of Time to File a Response)(Murphy, Robert)
December 23, 2019 Filing 23 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Kelly Arndt, M. Fleming Jeffrey as Mediator. Mediation Hearing set for 6/11/2020 at 9:00 a.m.. (Attachments: #1 Exhibit A - Order Scheduling Mediation)(Murphy, Robert)
December 17, 2019 Opinion or Order Filing 22 ORDER granting #21 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Cary L. Flitter. Signed by Judge Cecilia M. Altonaga on 12/17/2019. See attached document for full details. (ps1)
December 17, 2019 Filing 21 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Cary L. Flitter, Esquire. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #18 Motion to Appear Pro Hac Vice, by Kelly Arndt, Shirley Silkiss. Responses due by 12/31/2019 (Attachments: #1 Certification CERTIFICATION OF CARY L. FLITTER, ESQUIRE, #2 Text of Proposed Order Order on Unopposed Amended Motion to Appear Pro Hac Vice for Cary L. Flitter)(Murphy, Robert)
December 16, 2019 Filing 20 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by State Farm Bank, F.S.B., Twenty-One Eighty-Five, LLC. Responses due by 12/30/2019 (Attachments: #1 Exhibit A - Notice of Sale)(Childs, Enid)
December 11, 2019 Opinion or Order Filing 19 ORDER denying #18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Cary L. Flitter. Signed by Judge Cecilia M. Altonaga on 12/11/2019. See attached document for full details. (ps1)
December 10, 2019 Filing 18 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Cary L. Flitter. Pay.gov Agency Tracking ID 113C-12207215. Filing Fee $ 75.00 by Kelly Arndt. Responses due by 12/24/2019 (Attachments: #1 Certification of Cary L. Flitter, Esq., #2 Text of Proposed Order Granting Unopposed Amended Motion to Appear Pro Hac Vice)(Murphy, Robert)
December 9, 2019 Opinion or Order Filing 17 PAPERLESS ORDER denying without prejudice #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Local counsel did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures. Signed by Judge Cecilia M. Altonaga (CMA)
December 6, 2019 Filing 16 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Cary L. Flitter. Filing Fee $ 75.00 Receipt # 113C-12207215 by Kelly Arndt. Responses due by 12/20/2019 (Attachments: #1 Certification of Cary L. Flitter, Esq., #2 Text of Proposed Order on Unopposed Motion to Appear Pro Hac Vice)(Murphy, Robert)
December 5, 2019 Filing 15 STATUS REPORT Defendants' Removal Status Report by State Farm Bank, F.S.B., Twenty-One Eighty-Five, LLC (Attachments: #1 Exhibit 1-State Farm Bank Summons, #2 Exhibit 2 - Defendants' Notice of Filing Notice of Removal of Case to Federal Court, #3 Exhibit 3 - Defendants' Amended Notice of Filing Notice of Removal of Case to Federal Court)(Childs, Enid)
December 5, 2019 Filing 14 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by State Farm Bank, F.S.B., Twenty-One Eighty-Five, LLC identifying Corporate Parent STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY for State Farm Bank, F.S.B., Twenty-One Eighty-Five, LLC (Childs, Enid)
December 5, 2019 Opinion or Order Filing 13 PAPERLESS ORDER SETTING DISCOVERY PROCEDURES. No discovery motions shall be filed with the Court unless specifically authorized by Order. In the event a discovery dispute does arise, counsel are instructed to meet and confer in a good faith attempt to resolve the dispute. If, after conferring, the parties cannot resolve their discovery dispute, the movant must seek relief whin 14 days after the grounds for relief occur by contacting Chambers (954-769-5450) and scheduling a discovery hearing. The movant shall have first conferred with opposing counsel and obtained three alternative dates and times that both counsel are available for a hearing. The attorney or other person with knowledge who telephones the Court shall have the following information: (a) the nature of the discovery dispute; (b) the efforts made to confer with opposing counsel; and (c) three agreed upon dates for a hearing. The Court will then set the matter for hearing and order the parties to submit a joint status report on the issues. Where there has been a complete failure to respond to discovery, and where good faith efforts have been made (without success) to obtain that discovery, counsel need not obtain agreed upon dates, but shall so inform the Court telephonically of the issue, and the Court will set the matter for hearing. Finally, when the parties have stipulated to the entry of an order, such as stipulated confidentiality order, the parties shall not file a motion for entry of the stipulated order. Instead, counsel shall email to Chambers (seltzer@flsd.uscourts.gov) a copy of the proposed stipulated order in Word or WordPerfect format, with a statement that the parties have agreed to entry of the proposed order. Signed by Magistrate Judge Barry S. Seltzer on 12/5/2019. (pb00)
December 5, 2019 Opinion or Order Filing 12 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 12/7/2020 before Judge Cecilia M. Altonaga., Calendar Call set for 12/1/2020 09:00 AM before Judge Cecilia M. Altonaga.) Signed by Judge Cecilia M. Altonaga on 12/5/2019. See attached document for full details. (kpe) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
December 4, 2019 Filing 11 Joint SCHEDULING REPORT - Rule 26(f) by Kelly Arndt (Attachments: #1 Exhibit 1 - Proposed Scheduling Order)(Murphy, Robert)
December 4, 2019 Filing 10 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Kelly Arndt (Murphy, Robert)
December 4, 2019 Filing 9 NOTICE of Striking Plaintiffs' Certificate of Interested Parties by Kelly Arndt (Murphy, Robert)
December 3, 2019 Filing 8 Clerks Notice to Filer re #7 Notice (Other). Wrong Event Selected - Document is a Certificate of Other Affiliates/Corporate Disclosure Statement; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the Certificate of Other Affiliates/Corporate Disclosure Statement event and ensure all Other Affiliates/Corporate Parents are entered. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (jas)
December 3, 2019 Filing 7 STRICKEN NOTICE by Kelly Arndt, Shirley Silkiss re #4 Order Requiring Joint Scheduling Report, - Certificate of Interested Parties (Murphy, Robert) Modified on 12/4/2019 per DE #9 Notice (kpe).
December 2, 2019 Opinion or Order Filing 6 ORDER granting #5 Motion for Extension of Time to File Response/Answer to a Complaint; Defendants have until 12/16/2019 to file a combined response or separate answers to Plaintiffs Complaint. Re: #1 Notice of Removal (State Court Complaint), filed by Twenty-One Eighty-Five, LLC, State Farm Bank, F.S.B. Signed by Judge Cecilia M. Altonaga on 12/2/2019. See attached document for full details. (ps1)
November 27, 2019 Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by State Farm Bank, F.S.B., Twenty-One Eighty-Five, LLC. (Attachments: #1 Exhibit)(Brubaker, Sara)
November 22, 2019 Opinion or Order Filing 4 ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report and Certificates of Interested Parties due by 12/6/2019. Signed by Judge Cecilia M. Altonaga on 11/22/2019. See attached document for full details. (wc)
November 22, 2019 Filing 3 NOTICE OF COURT PRACTICE IN REMOVAL CASES. Removal Status Report due by 12/6/2019. Signed by Judge Cecilia M. Altonaga on 11/22/2019. See attached document for full details. (wc)
November 22, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Barry S. Seltzer is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe)
November 22, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages and Incidental Relief) Filing fee $ 400.00 receipt number 113C-12171880, filed by State Farm Bank, F.S.B., Twenty-One Eighty-Five, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3)(Childs, Enid)

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Plaintiff: Shirley Silkiss
Represented By: Robert William Murphy
Represented By: Cary L. Flitter
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Plaintiff: Kelly Arndt
Represented By: Robert William Murphy
Represented By: Cary L. Flitter
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Defendant: Twenty-One Eighty-Five, LLC
Represented By: Marcy Levine Aldrich
Represented By: Enid Ginnette Childs
Represented By: Sara Ann Brubaker
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Defendant: State Farm Bank, F.S.B.
Represented By: Marcy Levine Aldrich
Represented By: Enid Ginnette Childs
Represented By: Sara Ann Brubaker
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