Simring v. GreenSky, LLC et al
Plaintiff: Joan Simring
Defendant: Melissa Eirich, GreenSky Serving, LLC, Adam D Zuckerman, Fifth Third Bank, Adam D. Zuckerman, D.C., P.A., GreenSky, LLC, Adam D. Zuckerman, D.C., P.A. doing business as Chronic Conditions Center also known as Regenerative Medicine Of South Florida and Regenerative Medicine Of South Florida
Case Number: 0:2020cv62551
Filed: December 10, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Rodney Smith
Referring Judge: Alicia O Valle
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2021 Opinion or Order Filing 40 PAPERLESS ORDER GRANTING IN PART #39 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Sanctions. Defendant GreenSky LLC ("GreenSky") seeks an unopposed extension of time to respond to #36 Plaintiff's Motion for Sanctions. See generally #39 . Because the request for more time is unopposed, conserves judicial resources, and promotes efficient case management, the undersigned grants Defendant GreenSky modified relief. More specifically, rather than granting an extension of time, #36 Plaintiff's Motion for Sanctions is DENIED WITHOUT PREJUDICE. All arguments within Plaintiff's Motion for Sanctions are preserved. Within 14 days of the Eleventh Circuit's ruling on the motion to dismiss the appeal for lack of jurisdiction, Plaintiff may refile her motion for sanctions, if necessary. Defendant GreenSky must respond to any motion for sanctions within 14 days of being served with the refiled motion. Signed by Magistrate Judge Alicia O. Valle on 7/12/2021. (sd01)
July 12, 2021 Filing 39 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #36 MOTION for Sanctions against Counsel for GreenSky by GreenSky, LLC. (Attachments: #1 Exhibit 1 - Plaintiff's Motion to Dismiss Appeal for Lack of Subject Matter Jurisdiction, #2 Exhibit 2 - GreenSky, LLC's Response to Plaintiff's Motion to Dismiss Appeal for Lack of Subject Matter Jurisdiction, #3 Exhibit 3 - Plaintiff's Reply in Support of Motion to Dismiss Appeal for Lack of Subject Matter Jurisdiction)(Oria, Irene)
July 7, 2021 Opinion or Order Filing 38 ORDER REFERRING #36 MOTION for Sanctions against Counsel for GreenSky filed by Joan Simring. Motions referred to Judge Alicia O. Valle. Signed by Judge Rodney Smith on 7/6/2021. See attached document for full details. (ail)
July 1, 2021 Filing 37 NOTICE by GreenSky, LLC re #33 MOTION to Stay re #28 Order on Motion to Remand, Pending Appeal (Oria, Irene)
July 1, 2021 Filing 36 MOTION for Sanctions against Counsel for GreenSky by Joan Simring. (Simring, Matthew)
June 22, 2021 Filing 35 CLERK'S ACKNOWLEDGMENT OF RECEIPT as to #29 Transmittal Letter Sent (ail)
June 17, 2021 Filing 34 TRANSCRIPT INFORMATION FORM by GreenSky, LLC re #31 Notice of Appeal,. No Transcript Requested. (Oria, Irene)
June 9, 2021 Filing 33 MOTION to Stay re #28 Order on Motion to Remand, Pending Appeal by GreenSky, LLC. Responses due by 6/23/2021 (Oria, Irene)
June 7, 2021 Filing 32 Acknowledgment of Receipt of NOA from USCA re #31 Notice of Appeal, filed by GreenSky, LLC. Date received by USCA: 6/4/2021. USCA Case Number: 21-11913-BB. (apz)
June 4, 2021 Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #31 Notice of Appeal, Notice has been electronically mailed. (apz)
June 3, 2021 Filing 31 Notice of Appeal as to #28 Order on Motion to Remand, by GreenSky, LLC. Filing fee $ 505.00 receipt number AFLSDC-14739014. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Oria, Irene)
May 28, 2021 Filing 30 CLERK'S NOTICE of Conventional Mailing of Transmittal to the 17th Judicial Circuit Court. (Attachments: #1 Docket Sheet and Transmittal) (ail)
May 28, 2021 Filing 29 Transmittal Letter Sent with certified copy of Order of Remand and docket sheet to: 17th Judicial Circuit Court for Broward County, FL. State Court Case Number: CACE-20-018211 (ail)
May 28, 2021 Opinion or Order Filing 28 ORDER granting #3 Motion to Remand. This case is REMANDED to the Seventeenth Judicial Circuit Court in and for Broward County, Florida. All pending motions are DENIED as moot. This case is CLOSED. Signed by Judge Rodney Smith on 5/28/2021. See attached document for full details. (ail)
May 28, 2021 Civil Case Terminated. SEE DE #28 ORDER (ail)
May 5, 2021 Filing 27 NOTICE of Mediation Hearing. Selected/Added John W. Salmon as Mediator. Mediation Hearing set for 10/26/21 at 10:00 AM. (Salmon, John)
May 5, 2021 Filing 26 Notice of Supplemental Authority re #24 Notice of Supplemental Authority (Defendant GreenSky, LLC's Response to Plaintiff's Notice of Supplemental Authority (D.E. 24)) by GreenSky, LLC (Oria, Irene)
May 4, 2021 Filing 25 Notification of Ninety Days Expiring on Plaintiff's Motion to Remand to State Court by Joan Simring (Simring, Matthew)
May 4, 2021 Filing 24 Notice of Supplemental Authority In Opposition to GreenSky's Motion to Compel Arbitration by Joan Simring (Simring, Matthew)
April 2, 2021 Opinion or Order Filing 23 ORDER SETTING CIVIL TRIAL DATE, PRETRIAL DEADLINES AND REFERRAL TO MAGISTRATE JUDGE: Trial set for 11/21/2022 before Judge Rodney Smith., Calendar Call set for 11/15/2022 at 9:00 AM before Judge Rodney Smith., Amended Pleadings due by 4/30/2021., Discovery due by 4/8/2022., Joinder of Parties due by 4/30/2021., Mediation Deadline 11/1/2021., In Limine Motions due by 10/7/2022., Dispositive Motions due by 5/8/2022., Motions due by 10/7/2022., Pretrial Stipulation due by 10/14/2022. Signed by Judge Rodney Smith on 4/1/2021. See attached document for full details. (ail) #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.
April 1, 2021 Opinion or Order Filing 22 ORDER OF REFERRAL TO MEDIATION - Mediation Deadline 11/1/2021. Signed by Judge Rodney Smith on 4/1/2021. See attached document for full details. (ail)
February 5, 2021 Filing 21 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by GreenSky, LLC (Oria, Irene)
February 5, 2021 Filing 20 Joint SCHEDULING REPORT - Rule 16.1 by GreenSky, LLC (Attachments: #1 Text of Proposed Order Scheduling Order Setting Civil Trial Date and Pretrial Schedule)(Oria, Irene)
February 4, 2021 Opinion or Order Filing 19 PAPERLESS ORDER denying #18 Plaintiff's Unopposed Motion to Extend Deadline to File Scheduling Report. Signed by Judge Rodney Smith on 2/4/2021. (cbn)
February 4, 2021 Filing 18 MOTION for Extension of Time TO FILE SCHEDULING REPORT re #11 Order Requiring Joint Scheduling Report, by Joan Simring. Responses due by 2/18/2021 (Simring, Matthew)
February 3, 2021 Filing 17 NOTICE by GreenSky, LLC of Non-Consent to Jurisdiction by US Magistrate Judge (Oria, Irene)
February 3, 2021 Filing 16 Notice and Consent to Jurisdiction US Magistrate Judge NOT SIGNED by all parties . Filed by Joan Simring (Simring, Matthew)
February 3, 2021 Filing 15 Corporate Disclosure Statement by Joan Simring (Simring, Matthew)
January 15, 2021 Filing 14 REPLY to Response to Motion re #7 MOTION to Compel Arbitration and to Dismiss or Stay Action filed by GreenSky, LLC. (Oria, Irene)
January 11, 2021 Filing 13 REPLY to Response to Motion re #3 Plaintiff's MOTION to Remand ; Memorandum filed by Joan Simring. (Simring, Matthew)
January 7, 2021 Filing 12 RESPONSE in Opposition re #3 Plaintiff's MOTION to Remand ; Memorandum filed by GreenSky, LLC. Replies due by 1/14/2021. (Attachments: #1 Exhibit A- Declaration of Timothy D. Kaliban in Support of GreenSky, LLC's Response in Opposition to Plaintiff's Motion to Remand)(Oria, Irene)
January 5, 2021 Opinion or Order Filing 11 ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS. Joint Scheduling Report due by 2/5/2021. Signed by Judge Rodney Smith on 1/5/2021. See attached document for full details. (amb)
January 4, 2021 Opinion or Order Filing 10 PAPERLESS ORDER granting #9 Defendant Greensky, LLC's Unopposed Motion for Extension of Time to File Reply in Support of its Motion to Comepl Arbitration and to Dismiss or Stay Action. Greensky, LLC shall file its reply by January 15, 2021. Signed by Judge Rodney Smith on 1/4/2021. (cbn)
January 4, 2021 Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #7 MOTION to Compel Arbitration and to Dismiss or Stay Action by GreenSky, LLC. (Attachments: #1 Text of Proposed Order Granting Defendant GreenSky, LLC's Unopposed Motion for Extension of Time to File Reply in Support of Its Motion to Compel Arbitration and Dismiss or Stay Action)(Oria, Irene)
December 29, 2020 Filing 8 RESPONSE in Opposition re #7 MOTION to Compel Arbitration and to Dismiss or Stay Action filed by Joan Simring. Replies due by 1/5/2021. (Attachments: #1 Exhibit Declaration of Plaintiff, #2 Exhibit State Court Answer of Zuckerman)(Simring, Matthew)
December 17, 2020 Filing 7 MOTION to Compel Arbitration and to Dismiss or Stay Action by GreenSky, LLC. Responses due by 12/31/2020 (Attachments: #1 Exhibit A -Declaration of Timothy D. Kaliban)(Oria, Irene)
December 16, 2020 Opinion or Order Filing 6 PAPERLESS ORDER granting #5 Defendant Greensky, LLC's Unopposed Motion for Extension of Time to Respond to Motion to Remand. Greensky, LLC shall file its response by January 8, 2021. Signed by Judge Rodney Smith on 12/16/2020. (cbn)
December 16, 2020 Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #3 Plaintiff's MOTION to Remand ; Memorandum by GreenSky, LLC. (Attachments: #1 Text of Proposed Order Granting Defendant Greensky, LLC's Unopposed Motion for Extension of Time to Respond to Motion to Remand)(Oria, Irene)
December 14, 2020 Filing 4 NOTICE of Attorney Appearance by Matthew Roy Simring on behalf of Joan Simring (Simring, Matthew)
December 11, 2020 Filing 3 Plaintiff's MOTION to Remand ; Memorandum by Joan Simring. (Simring, Matthew)
December 10, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (amb)
December 10, 2020 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Class Action Complaint) Filing fee $ 402.00 receipt number AFLSDC-14016641, filed by GreenSky, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Summons and Complaint and First Request for Production Served on GreenSky, LLC, #3 Exhibit B - Notice of Filing Notice of Removal Filed in State Court)(Oria, Irene) (No Answer/ Motion to Dismiss filed) Text Modified on 12/11/2020 (amb).

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Defendant: Melissa Eirich
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Defendant: GreenSky Serving, LLC
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Defendant: Adam D Zuckerman
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Defendant: Fifth Third Bank
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Defendant: Adam D. Zuckerman, D.C., P.A.
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Defendant: GreenSky, LLC
Represented By: Irene Oria
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Defendant: Adam D. Zuckerman, D.C., P.A. doing business as Chronic Conditions Center also known as Regenerative Medicine Of South Florida
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Defendant: Regenerative Medicine Of South Florida
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Plaintiff: Joan Simring
Represented By: Matthew Roy Simring
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