In re: Estate of Florence R. Kaufman Wiener et al v. Bank Of America, N.A.
| In re: Estate of Florence R. Kaufman Wiener and Tina K. Kaufman |
| Bank Of America, N.A. |
| 0:2020cv60735 |
| April 9, 2020 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Patrick M Hunt |
| Rodolfo A Ruiz |
| Jared M Strauss |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 22, 2021. A more recent docket listing may be available from PACER.
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| Filing 22 RESPONSE in Opposition re #17 MOTION to Dismiss with Prejudice #10 Amended Complaint filed by In re: Estate of Florence R. Kaufman Wiener, Tina K. Kaufman. Replies due by 6/10/2020. (Gelles, Jared) |
Filing 21
PAPERLESS ORDER SETTING DISCOVERY PROCEDURES per Scheduling Order #19 . 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 within 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 a stipulated confidentiality order, the parties shall not file a motion for entry of the stipulated order. Instead, counsel shall email to Chambers (strauss@flsd.uscourts.gov) a copy of the proposed stipulated order in Word format, with a statement that the parties have agreed to entry of the proposed order. Signed by Magistrate Judge Jared M. Strauss on 5/26/2020. (osd)
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Filing 20
ORDER SETTING TELEPHONIC HEARING #17 Defendant's Motion to Dismiss First Amended Complaint for June 8, 2020 at 10:00 a.m. No reply in support of Defendant's Motion to Dismiss is permitted. Signed by Judge Rodolfo A Ruiz on 5/25/2020. See attached document for full details. (mhn)
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Filing 19
AMENDED SCHEDULING ORDER: (Jury Trial set for 4/26/2021 in Fort Lauderdale Division before Judge Rodolfo A Ruiz., Calendar Call set for 4/20/2021 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A Ruiz., Proposed Order Scheduling Mediation due by 6/15/2020., Amended Pleadings due by 7/6/2020., Joinder of Parties due by 7/6/2020., Mediation Deadline 11/20/2020., Discovery due by 12/29/2020., Expert Discovery due by 12/29/2020., Dispositive Motions due by 1/12/2021., In Limine Motions due by 2/9/2021., Joint Pretrial Stipulation due by 2/9/2021.), ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for all discovery related matters. Signed by Judge Rodolfo A Ruiz on 5/21/2020. See attached document for full details. (mhn) #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.
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Filing 18
ORDER OF RECUSAL. Judge Raag Singhal recused. Case reassigned to Judge Rodolfo A Ruiz for all further proceedings. Signed by Judge Raag Singhal on 5/22/2020. See attached document for full details. (bms)
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| Reset Jury Trial for 3/15/2021 before Judge Raag Singhal. per DE #14 to reflect year 2021. (mr1) |
| Filing 17 MOTION to Dismiss with Prejudice #10 Amended Complaint by Bank Of America, N.A.. Responses due by 6/4/2020 (Serradet, Sahily) |
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Filing 16
ORDER OF RECUSAL. Judge Roy K. Altman recused. Case reassigned to Judge Raag Singhal for all further proceedings. Signed by Judge Roy K. Altman on 5/21/2020. See attached document for full details. (bms)
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Filing 15
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES BEFORE UNITED STATES MAGISTRATE JUDGE PATRICK M. HUNT. The parties should carefully review the Order in that it requires expedited briefing, provides for modified page limitations and special conferral requirements before a motion is filed, limits the type of permissible discovery objections as well as modifying other discovery procedures. Any discovery motions filed shall include a certification of conferral that indicates specifically that conferral in person or by phone was performed but unsuccessful. Leaving messages shall not satisfy this Court's requirement of a meaningful conferral. FURTHER, Counsel is unable to file any discovery motions without obtaining permission from Chambers first. Signed by Magistrate Judge Patrick M. Hunt on 5/21/2020. See attached document for full details. (bse)
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Filing 14
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 5/15/2020 in Fort Lauderdale Division before Judge Roy K. Altman., Calendar Call set for 3/9/2021 01:45 PM in Fort Lauderdale Division before Judge Roy K. Altman., Amended Pleadings due by 6/23/2020., Discovery due by 11/16/2020., Expert Discovery due by 11/16/2020., Joinder of Parties due by 6/23/2020., Mediation Deadline 11/23/2020., In Limine Motions due by 12/29/2020., Dispositive Motions due by 12/1/2020., Motions due by 12/1/2020., Pretrial Stipulation due by 12/29/2020.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 11/23/2020.), ORDER REFERRING CASE to Magistrate Judge Magistrate Judge Patrick M. Hunt for Pretrial Non-Dispositive and Discovery Matters. Signed by Judge Roy K. Altman on 5/20/2020. See attached document for full details. (yha) #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.
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Filing 13
PAPERLESS ORDER denying as moot #5 Motion to Dismiss. An amended complaint has been filed. Signed by Judge Roy K. Altman on 5/14/2020. (vve)
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| Filing 12 Joint SCHEDULING REPORT - Rule 16.1 by Bank Of America, N.A. (Attachments: #1 Exhibit Schedule Jointly Proposed by the Parties)(Serradet, Sahily) |
| Filing 11 Clerks Notice to Filer re #10 Amended Complaint. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (ls) |
| Filing 10 First AMENDED COMPLAINT against Bank Of America, N.A., filed by Tina K. Kaufman.(Gelles, Jared) |
| Filing 9 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Tina K. Kaufman (Gelles, Jared) |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement by Bank Of America, N.A. identifying Corporate Parent Berkshire Hathaway Inc., Corporate Parent BAC North America Holding Company, Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation for Bank Of America, N.A. (Serradet, Sahily) |
| Filing 7 Notice of Pending, Refiled, Related or Similar Actions by Bank Of America, N.A. (Serradet, Sahily) |
| Filing 6 STATUS REPORT Removal by Bank Of America, N.A. (Serradet, Sahily) |
| Filing 5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Bank Of America, N.A.. Responses due by 5/11/2020 (Serradet, Sahily) |
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Filing 4
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Joint Scheduling Report due by 5/8/2020 Signed by Judge Roy K. Altman on 4/23/2020. See attached document for full details. (yha)
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| Filing 3 NOTICE OF COURT PRACTICE IN REMOVAL CASES, (Removal Status Report due by 5/8/2020.) Signed by Judge Roy K. Altman on 4/23/2020. See attached document for full details. (yha) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Patrick M. Hunt. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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. (ail) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number AFLSDC-12721864, filed by Bank Of America, N.A.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A- State Court Complaint, #3 Exhibit State Court Records)(Serradet, Sahily) |
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