Rising Phoenix Holding Corporation et al v. Regions Bank et al
| Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC and NBT Bank, N.A. |
| Regions Bank, Regions Financial Corporation and Richard S. Ross |
| 0:2023cv60781 |
| April 27, 2023 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 38 RESPONSE in Opposition re #31 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by NBT Bank, N.A., Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC. Attorney Nathan Michael Berman added to party NBT Bank, N.A.(pty:pla). Replies due by 6/28/2023. (Attachments: #1 Exhibit 1 - 2023-06-21 A. Goelman Declaration, #2 Exhibit A - Regions Initial Disclosures, #3 Exhibit B - Ross Initial Disclosure, #4 Exhibit C - 2022-08-02 Email and Draft Complaint, #5 Exhibit D - 2022-08-14 Email to Lard, #6 Exhibit E - 2022-09-13 Email to Regions' Counsel, #7 Exhibit F - NDNY Complaint, #8 Exhibit G - Affidavits of Service of Summons)(Berman, Nathan) |
Filing 37
PAPERLESS ORDER granting #36 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Aitan D. Goelman. Signed by Judge Rodney Smith on 6/21/2023. (cbn)
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| Filing 36 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Aitan D. Goelman. Filing Fee $ 200.00 Receipt # AFLSDC-16705553 by Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC. Responses due by 7/5/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Berman, Nathan) |
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Filing 35
PAPERLESS ORDER denying #33 Consent Motion to Hold in Abeyance Regions Bank and Regions Financial Corporation's Motion to Dismiss. Signed by Judge Rodney Smith on 6/13/2023. (cbn)
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| Filing 34 NOTICE by Regions Bank, Regions Financial Corporation Correcting Plaintiffs' Statement of Their Position (Parker, Latanae) |
| Filing 33 Consent MOTION to Stay re #31 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by NBT Bank, N.A., Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC. Responses due by 6/26/2023 (Berman, Nathan) |
| Filing 32 REPLY to Response to Motion re #8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM RE AMENDED STATE COURT COMPLAINT MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), RE AMENDED STATE COURT COMPLAINT filed by Richard S. Ross. (Ross, Richard) |
| Filing 31 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Regions Bank, Regions Financial Corporation. Responses due by 6/21/2023 (Parker, Latanae) |
| Filing 30 Plaintiff's CORRECTED RESPONSE in Opposition to #8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM RE AMENDED STATE COURT COMPLAINT MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), RE AMENDED STATE COURT COMPLAINT by Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC. (Berman, Nathan) Modified document link on 6/5/2023 (ebz). Modified document link on 6/7/2023 (ebz). |
| Filing 29 RESPONSE in Opposition re #8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM RE AMENDED STATE COURT COMPLAINT MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), RE AMENDED STATE COURT COMPLAINT filed by Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC. Replies due by 6/9/2023. (Berman, Nathan) Modified document link on 6/5/2023 (ebz). Modified document link on 6/7/2023 (ebz). |
| Filing 28 Plaintiff's Reply in Support to #11 Plaintiff's MOTION to Remand to State Court by Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC. (Berman, Nathan) |
| Filing 27 Joint SCHEDULING REPORT - Rule 16.1 by Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC (Attachments: #1 Text of Proposed Order)(Berman, Nathan) |
| Filing 26 Joint Election to Jurisdiction for Final Disposition of Motions . Filed by Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC (Berman, Nathan) |
| Filing 25 Plaintiff's Corporate Disclosure Statement and Certificate of Interested Persons by Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC identifying Other Affiliate Caravel Holdings Corporation, Other Affiliate Molecular Holdings Corporation, Other Affiliate RAC Family Holdings, Inc., Other Affiliate RP Holdco LLC for Rising Phoenix Holding Corporation; Other Affiliate Tidal Basin Holdings, LLC for Tidal Basin Government Consulting, LLC (Berman, Nathan) |
| Filing 24 Certificate of Other Affiliates/Corporate Disclosure Statement Plaintiffs Corporate Disclosure Statement and Certificate of Interested Persons by NBT Bank, N.A. (Kaufman, Dora) |
| Filing 23 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Regions Bank, Regions Financial Corporation identifying Corporate Parent Vanguard Group, Inc. for Regions Financial Corporation (Parker, Latanae) |
| Filing 22 Certificate of Other Affiliates/Corporate Disclosure Statement by Richard S. Ross (Ross, Richard) |
| Filing 21 RESPONSE in Opposition re #11 Plaintiff's MOTION to Remand to State Court filed by Richard S. Ross. Replies due by 5/31/2023. (Ross, Richard) |
| Filing 20 RESPONSE in Opposition re #11 Plaintiff's MOTION to Remand to State Court filed by Regions Bank, Regions Financial Corporation. Replies due by 5/31/2023. (Parker, Latanae) |
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Filing 19
PAPERLESS ORDER granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John N. Bolus. Signed by Judge Rodney Smith on 5/17/2023. (cbn)
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Filing 18
PAPERLESS ORDER granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert H.Fowlkes. Signed by Judge Rodney Smith on 5/17/2023. (cbn)
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| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John N. Bolus. Filing Fee $ 200.00 Receipt # AFLSDC-16625608 by Regions Bank, Regions Financial Corporation. Responses due by 5/31/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Parker, Latanae) |
| Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert H. Fowlkes. Filing Fee $ 200.00 Receipt # AFLSDC-16625401 by Regions Bank, Regions Financial Corporation. Responses due by 5/31/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Parker, Latanae) |
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Filing 15
PAPERLESS ORDER granting in part and denying in part #12 Motion to Hold Defendant Richard S. Ross's Second Motion to Dismiss in Abeyance Pending Ruling on Plaintiffs' Motion to Remand or, Alternatively, to Extend Deadline. The motion to hold in abeyance is DENIED. The motion for extension is granted. Plaintiffs shall file a response to the motion to dismiss by June 2, 2023. Signed by Judge Rodney Smith on 5/15/2023. (cbn)
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Filing 14
PAPERLESS ORDER granting #13 Unopposed Motion for Extension of Time for Regions Bank and Regions Financial Corporation to Respond to Plaintiffs' Complaint. Regions Bank and Regions Financial Corporation shall file their response to Plaintiffs' Complaint by June 7, 2023. Signed by Judge Rodney Smith on 5/15/2023. (cbn)
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| Set/Reset Response/Answer Due Deadline per order de#14: Regions Bank response/answer due 6/7/2023; Regions Financial Corporation response/answer due 6/7/2023. (drz) |
| Set/Reset Deadlines/Hearings per order de#15as to #8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM RE AMENDED STATE COURT COMPLAINT MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), RE AMENDED STATE COURT COMPLAINT. Responses due by 6/2/2023 (drz) |
| Filing 13 Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Complaint by Regions Bank, Regions Financial Corporation. Responses due by 5/26/2023 (Attachments: #1 Text of Proposed Order (Proposed Order))(Parker, Latanae) |
| Filing 12 Plaintiff's MOTION to Stay re #8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM RE AMENDED STATE COURT COMPLAINT MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), RE AMENDED STATE COURT COMPLAINT by NBT Bank, N.A., Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC. Responses due by 5/25/2023 (Berman, Nathan) |
| Filing 11 Plaintiff's MOTION to Remand to State Court by NBT Bank, N.A., Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC. (Attachments: #1 Exhibit 1 - 2023.05.10 N. Berman Declaration, #2 Exhibit A - 2022.11.23 Verified Return of Service, #3 Exhibit B - E-Notice of Service - Am Complaint, #4 Exhibit C - Email Service of Am Complaint to Regions, #5 Exhibit D - Email Service of Am Complaint to Ross, #6 Exhibit E - 2023.05.10 N. Berman 2d Affidavit, #7 Exhibit F - Screenshot State of Delaware, Div of Corp)(Berman, Nathan) |
| Filing 10 AMENDED NOTICE OF REMOVAL against NBT Bank, N.A., Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC, filed by Regions Bank, Regions Financial Corporation. (Attachments: #1 Exhibit A)(Parker, Latanae) |
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Filing 9
PAPERLESS ORDER denying #7 Plaintiffs' Motion to Reassign Case to Judge Kathleen M. Williams. Signed by Judge Rodney Smith on 5/5/2023. (cbn)
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| Filing 8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM RE AMENDED STATE COURT COMPLAINT, MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), RE AMENDED STATE COURT COMPLAINT ( Responses due by 5/19/2023) by Richard S. Ross. Attorney Richard Stuart Ross added to party Richard S. Ross(pty:dft). (Ross, Richard) |
| Filing 7 Plaintiff's MOTION to Reassign Case to Judge Kathleen M. Williams and Memorandum in Support Thereof by Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC. (Attachments: #1 Exhibit A - Remand Order, #2 Exhibit B - Exchange)(Berman, Nathan) |
| Filing 6 Notice of Pending, Refiled, Related or Similar Actions by Regions Bank, Regions Financial Corporation (Parker, Latanae) |
| Filing 5 Notice of Pending, Refiled, Related or Similar Actions by Rising Phoenix Holding Corporation, Tidal Basin Government Consulting, LLC (Attachments: #1 Exhibit A) (Berman, Nathan) |
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Filing 4
Order Requiring Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements. Joint Scheduling Report due by 5/31/2023 Signed by Judge Rodney Smith on 4/28/2023. See attached document for full details. (pc)
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| Filing 3 Bar Letter re: Admissions sent to attorney Aitan D. Goelman, Casey Trombley-Shapiro Jonas, Bryan M. Reines, Trillium E. Chang, mailing date April 28, 2023, (pt) |
| 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 Lisette M. Reid 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. (nwn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16575465, filed by Regions Bank, Regions Financial Corporation. (Attachments: #1 Exhibit A, #2 State Court Complaint & Amended Complaint, #3 Civil Cover Sheet)(Parker, Latanae) No Answer/Motion To Dismiss Filed. Modified Text/Attachment Description on 4/28/2023 (nwn). |
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