MAYORAL et al v. SALIN et al
| FERNANDO MAYORAL, ALBERTO MAYORAL and CLEAR TITLE & ESCROW GROUP LLC |
| ALONDRA SALIN, JP Morgan Chase Bank N.A., Cheri Darling and Wells Fargo Bank NA |
| 0:2021cv62074 |
| October 4, 2021 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 2, 2021. A more recent docket listing may be available from PACER.
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Filing 33
MOTION TO DISMISS #30 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by JP Morgan Chase Bank N.A.. Responses due by 12/16/2021 (Boese, Andrew)
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Filing 32
Summons Issued as to Cheri Darling, Wells Fargo Bank NA. (jao)
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Filing 31
CERTIFICATE of Counsel re #30 Amended Complaint/Amended Notice of Removal, Service upon Alondra Salin by Lee H. Schillinger on behalf of CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL, FERNANDO MAYORAL (Schillinger, Lee)
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Filing 30
Plaintiff's AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by FERNANDO MAYORAL, CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL. (Attachments: #1 Exhibit Exhibits A-I, #2 Summon(s) Cheri Darling, #3 Summon(s) Wells Fargo)(Schillinger, Lee)
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Filing 29
PAPERLESS ORDER. As stated on the record during the Preliminary Injunction Hearing on October 27, 2021, the Court finds good cause to extend the #14 Temporary Restraining Order and continue the Preliminary Injunction Hearing. The parties shall adhere to following:1. In accordance with Federal Rule of Civil Procedure 65(b)(2), the Temporary Restraining Order shall remain and shall expire following the Preliminary Injunction Hearing, unless it is extended for good cause or Defendants consent to its extension.2. The freeze on the accounts of Alondra Salin or "Alondra Salin Clear Title and Escrow Group," including account number *****9886, shall remain and shall expire following the Preliminary Injunction Hearing, unless it is extended further.3. If they so choose, Plaintiffs shall file an amended complaint, pursuant to Local Rule 15.1, on or before November 12, 2021.4. Defendants shall file an answer or motion to dismiss in response to Plaintiffs' amended complaint on or before December 2, 2021.5. The parties shall attend a hearing on Plaintiffs' application for a preliminary injunction at 11:00 A.M. on December 8, 2021, via Zoom videoconference. The parties shall use the following Zoom information:Meeting ID: 161 343 8880Passcode: 434074Please log in at least ten minutes before the Preliminary Injunction Hearing begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 10/27/2021. (jsi)
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Filing 28
PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: #4 Preliminary Injunction Hearing held on October 27, 2021. Attorney Appearances: Lee H. Schillinger and Andrew Benjamin Boese. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (jsi)
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Filing 27
PAPERLESS ORDER granting #24 Plaintiffs' Unopposed Motion to Allow for Defendant Alondra Salin to Appear by Zoom for TRO Hearing.The #14 Preliminary Injunction Hearing at 2:00 P.M. on October 27, 2021 shall take place via Zoom videoconference. All parties, as well as counsel, shall appear using the following Zoom information:Meeting ID: 161 020 3990Passcode: 173753Please log in at least ten minutes before the Preliminary Injunction Hearing begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 10/27/2021. (jsi)
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Filing 26
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by FERNANDO MAYORAL, CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL. ALONDRA SALIN served on 10/26/2021, response/answer due 11/16/2021. (Schillinger, Lee)
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Filing 25
ORDER granting the parties' #23 Joint Motion for Entry of Stipulated Confidentiality and Protective Order. Signed by Judge Darrin P. Gayles on 10/26/2021. See attached document for full details. (jsi)
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Filing 24
Unopposed MOTION for Leave to Appear Telephonically 10/27/21 at 2:00pm Alondra Salin, pro se. Attorney/Representative: Alondra Salin by CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL, FERNANDO MAYORAL. Responses due by 11/9/2021 (Attachments: #1 Text of Proposed Order)(Schillinger, Lee)
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Filing 23
Joint MOTION for Entry of Stipulated Confidentiality and Protective Order by JP Morgan Chase Bank N.A.. (Attachments: #1 Text of Proposed Order)(Boese, Andrew)
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Filing 22
PAPERLESS ORDER granting #20 Defendant JPMorgan Chase Bank, N.A.'s Unopposed Motion for Extension of Time to Respond to Complaint. Defendant JPMorgan Chase Bank, N.A. shall file an answer or motion to dismiss in response to Plaintiffs' #1 Complaint on or before November 2, 2021. Signed by Judge Darrin P. Gayles on 10/22/2021. (jsi)
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Filing 21
PAPERLESS ORDER granting #19 Plaintiffs' Unopposed Motion to Allow Plaintiffs to Appear by Zoom for TRO Hearing. Plaintiffs Fernando Mayoral and Alberto Mayoral are permitted to appear telephonically for the October 27, 2021, hearing hearing on Plaintiffs' application for a preliminary injunction. Plaintiffs Fernando Mayoral and Alberto Mayoral may appear telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Hearing begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 10/22/2021. (jsi)
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Filing 20
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by JP Morgan Chase Bank N.A.. (Attachments: #1 Text of Proposed Order)(Boese, Andrew)
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Filing 19
Unopposed MOTION for Leave to Appear Telephonically at TRO/10/27/21/2:00pm by Zoom from Argentina. Attorney/Representative: Fernando Mayoral and Alberto Mayoral by ALBERTO MAYORAL, FERNANDO MAYORAL. Responses due by 11/4/2021 (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Schillinger, Lee)
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Filing 18
CERTIFICATE OF SERVICE by CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL, FERNANDO MAYORAL re #14 Order on Motion for Temporary Restraining Order,, by Process Server on Oct 14, 2021 (Schillinger, Lee)
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Filing 17
CERTIFICATE OF SERVICE by CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL, FERNANDO MAYORAL re #10 Order, Temporarily Freezing Account (Schillinger, Lee)
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Filing 16
NOTICE of Attorney Appearance by Andrew Benjamin Boese on behalf of JP Morgan Chase Bank N.A.. Attorney Andrew Benjamin Boese added to party JP Morgan Chase Bank N.A.(pty:dft). (Boese, Andrew)
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Filing 15
NOTICE by CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL, FERNANDO MAYORAL re #3 Summons Issued Alias as to Chase Bank (Attachments: #1 Summon(s) Alias Summons as to Chase Bank) (Schillinger, Lee)
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Filing 14
ORDER granting #4 Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction and Expedited Discovery.The parties shall appear before the Court for a hearing on Plaintiffs' application for a preliminary injunction at 2:00 P.M. on October 27, 2021 in Court Room 11-1 of the United States District Court for the Southern District of Florida, located at 400 North Miami Avenue, Miami, Florida 33128. Signed by Judge Darrin P. Gayles on 10/14/2021 at 1:15 P.M. See attached document for full details. (jsi)
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Filing 13
Alias Summons Issued as to ALONDRA SALIN. (jao)
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Filing 12
NOTICE by CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL, FERNANDO MAYORAL re #3 Summons Issued Alias to Alondra Salin (Attachments: #1 Summon(s) Alias: Alondra Salin, CA) (Schillinger, Lee)
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Filing 11
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by FERNANDO MAYORAL, CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL. JP Morgan Chase Bank N.A. served on 10/5/2021, response/answer due 10/26/2021. (Schillinger, Lee)
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Filing 10
ORDER TEMPORARILY FREEZING ACCOUNT pending a ruling on #4 Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction and Expedited Discovery. Signed by Judge Darrin P. Gayles on 10/8/2021. See attached document for full details. (jsi)
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Filing 9
NOTICE by CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL, FERNANDO MAYORAL re #4 Plaintiff's MOTION for Temporary Restraining Order to preserve fraudulently stolen funds in Chase Account (Attachments: #1 Text of Proposed Order Granting TRO) (Schillinger, Lee)
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Filing 8
NOTICE by CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL, FERNANDO MAYORAL re 7 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, #6 Notice (Other), Striking DE 6 pursuant to Clerk Notice DE7 (Schillinger, Lee)
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Filing 7
Clerks Notice to Filer re #6 Notice (Other),. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (jao)
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Filing 6
NOTICE by CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL, FERNANDO MAYORAL re #4 Plaintiff's MOTION for Temporary Restraining Order to preserve fraudulently stolen funds in Chase Account Proposed Order (Schillinger, Lee)
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Filing 5
NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (jsi)
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Filing 4
Plaintiff's MOTION for Temporary Restraining Order to preserve fraudulently stolen funds in Chase Account by CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL, FERNANDO MAYORAL. Responses due by 10/19/2021 (Attachments: #1 Affidavit Aisha Khan Lara)(Schillinger, Lee)
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Filing 3
Summons Issued as to JP Morgan Chase Bank N.A., ALONDRA SALIN. (jao)
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Filing 2
Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. (jao)
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Filing 1
COMPLAINT for restraining order and damages against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15066015, filed by FERNANDO MAYORAL, CLEAR TITLE & ESCROW GROUP LLC, ALBERTO MAYORAL. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A through I, #3 Summon(s) Chase, #4 Summon(s) Salin)(Schillinger, Lee)
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