Simring v. GreenSky, LLC et al
| Joan Simring |
| 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 |
| 0:2020cv62551 |
| December 10, 2020 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Alicia O Valle |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2021. A more recent docket listing may be available from PACER.
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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)
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| 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) |
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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)
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| Filing 37 NOTICE by GreenSky, LLC re #33 MOTION to Stay re #28 Order on Motion to Remand, Pending Appeal (Oria, Irene) |
| Filing 36 MOTION for Sanctions against Counsel for GreenSky by Joan Simring. (Simring, Matthew) |
| Filing 35 CLERK'S ACKNOWLEDGMENT OF RECEIPT as to #29 Transmittal Letter Sent (ail) |
| Filing 34 TRANSCRIPT INFORMATION FORM by GreenSky, LLC re #31 Notice of Appeal,. No Transcript Requested. (Oria, Irene) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 30 CLERK'S NOTICE of Conventional Mailing of Transmittal to the 17th Judicial Circuit Court. (Attachments: #1 Docket Sheet and Transmittal) (ail) |
| 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) |
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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)
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| Civil Case Terminated. SEE DE #28 ORDER (ail) |
| 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) |
| 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) |
| Filing 25 Notification of Ninety Days Expiring on Plaintiff's Motion to Remand to State Court by Joan Simring (Simring, Matthew) |
| Filing 24 Notice of Supplemental Authority In Opposition to GreenSky's Motion to Compel Arbitration by Joan Simring (Simring, Matthew) |
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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.
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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)
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| Filing 21 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by GreenSky, LLC (Oria, Irene) |
| 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) |
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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)
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| 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) |
| Filing 17 NOTICE by GreenSky, LLC of Non-Consent to Jurisdiction by US Magistrate Judge (Oria, Irene) |
| Filing 16 Notice and Consent to Jurisdiction US Magistrate Judge NOT SIGNED by all parties . Filed by Joan Simring (Simring, Matthew) |
| Filing 15 Corporate Disclosure Statement by Joan Simring (Simring, Matthew) |
| 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) |
| Filing 13 REPLY to Response to Motion re #3 Plaintiff's MOTION to Remand ; Memorandum filed by Joan Simring. (Simring, Matthew) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| Filing 4 NOTICE of Attorney Appearance by Matthew Roy Simring on behalf of Joan Simring (Simring, Matthew) |
| Filing 3 Plaintiff's MOTION to Remand ; Memorandum by Joan Simring. (Simring, Matthew) |
| 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) |
| 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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