Capital One Bank (USA) NA v. Bright
| Capital One Bank (U.S.A.), N.A. |
| Belawn Oreall Bright |
| 0:2024cv60083 |
| January 12, 2024 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Consumer Credit |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on March 11, 2024. A more recent docket listing may be available from PACER.
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| Filing 25 RESPONSE to Motion re #18 MOTION to Dismiss with Prejudice #1 Clerk's Notice (Other), Counter-Plaintiff's Counterclaim and Non-Objection to the Counter-Plaintiff's Motion for Continuance to Respond to Motion to Dismiss filed by Capital One Bank (U.S.A.), N.A.. Replies due by 3/18/2024. (Starks, Michael) |
Filing 24
ORDER TO SHOW CAUSE as to why the #18 MOTION to Dismiss with Prejudice #1 Complaint/Notice of Removal, should not be granted by default. Show Cause Response due by 3/11/2024. Signed by Judge Raag Singhal on 3/5/2024. See attached document for full details. (ls)
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| Filing 23 Joint SCHEDULING REPORT - Rule 26(f) by Capital One Bank (U.S.A.), N.A. (Attachments: #1 Text of Proposed Order ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE)(Starks, Michael) |
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Filing 22
PAPERLESS ORDER granting #21 Motion to Strike #21 . The parties are to refile a joint scheduling report by 3/1/2024. Signed by Judge Raag Singhal on 2/27/2024. (jgr)
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| Filing 21 MOTION to Strike #20 SCHEDULING REPORT - Rule 26(f)/16.1 Unilaterally Filed, Unauthorized Joint Scheduling Report by Capital One Bank (U.S.A.), N.A.. Responses due by 3/7/2024. (Starks, Michael) |
| Filing 20 JOINT SCHEDULING REPORT - Rule 26(f) by Belawn Oreall Bright, Capital One Bank (U.S.A.), N.A. (ls) |
| Filing 19 NOTICE of Appearance as Lead Counsel Accepted, National Association's Certificate of Interested Persons and Corporate Disclosure Statement Challenged by Belawn Oreall Bright (ls) |
| Filing 18 MOTION to Dismiss with Prejudice #1 Clerk's Notice (Other), Counter-Plaintiff's Counterclaim by Capital One Bank (U.S.A.), N.A.. Responses due by 2/27/2024. (Starks, Michael) |
| Filing 17 RESPONSE to #15 Order Court Order Directing Filing of All Motions Pending in State Court Upon Removal [DE 15] by Capital One Bank (U.S.A.), N.A.. (Attachments: #1 Exhibit Exhibit to Capital One's Response to Court Order part 1, #2 Exhibit Exhibit to Capital One's Response to Court Order part 2, #3 Exhibit Exhibit to Capital One's Response to Court Order part 3)(Starks, Michael) |
| Filing 16 Joint SCHEDULING REPORT - Rule 26(f) by Capital One Bank (U.S.A.), N.A. (Attachments: #1 Text of Proposed Order Order Setting Jury Trial Schedule, Requiring Mediation and Referring Certain Matters to Magistrate)(Starks, Michael) |
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Filing 15
ORDER Requiring Parties to Refile any Motions pending when Action was removed to Federal Court, by 2/15/2024. Signed by Judge Raag Singhal on 2/2/2024. See attached document for full details. (ls)
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| Filing 14 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Clerk's Notice (Other), to Respond to Counter-Plaintiff's Counterclaim by Capital One Bank (U.S.A.), N.A.. (Attachments: #1 Text of Proposed Order Order Granting Counter-Defendant's Motion for Extension of Time to Respond to Counter-Plaintiff's Counterclaim)(Starks, Michael) |
| Filing 13 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Capital One Bank (U.S.A.), N.A. (Starks, Michael) |
| Filing 12 NOTICE of Attorney Appearance by Michael Darren Starks on behalf of Capital One Bank (U.S.A.), N.A.. Attorney Michael Darren Starks added to party Capital One Bank (U.S.A.), N.A.(pty:pla). (Starks, Michael) |
| Filing 11 NOTICE of Attorney Appearance by Andrew Kemp-Gerstel on behalf of Capital One Bank (U.S.A.), N.A.. Attorney Andrew Kemp-Gerstel added to party Capital One Bank (U.S.A.), N.A.(pty:pla). (Kemp-Gerstel, Andrew) |
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Filing 10
Order Requiring Scheduling Report. Signed by Judge Raag Singhal on 1/18/2024. See attached document for full details. (ls)
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Filing 9
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 1/18/2024. (jgr)
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| Filing 8 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to 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 (and responses).Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 1/18/2024. (jgr) |
| Filing 7 Clerks Notice of Judge Assignment to Judge Raag Singhal. 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. (jua) |
| Filing 6 Case transferred in from Florida Middle; Case Number 8:23-cv-02730. Electronic file including transfer order and docket sheet received. .(jua). |
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Filing 5
ORDER TRANSFERRING CASE. Signed by Judge Mary S. Scriven on 1/11/2024. (EOJ)
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| Filing 4 SUPPLEMENT re #1 Notice of Removal, by Belawn Oreall Bright. (Attachments: #1 Mailing Envelope)(LD) |
| Filing 3 NOTICE to Counsel of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (BCH) |
| Filing 2 MOTION to Strike Plaintiff's Notice of appearance from the record, a corporation cannot represent itself in court by Belawn Oreall Bright. (AJS) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 17th Judicial Circuit, Broward County, FL, case number COCE 19 016478 filed in State Court on 6/26/2019. Filing fee $402, receipt number ORL-110035 filed by Belawn Oreall Bright. (Attachments: #1 Exhibit, #2 Polk County- Motion to Dismiss, #3 Polk County- Objection to Magistrate Judge Ruling and Notice of Removal to USDC, #4 Polk County- Motion for Sanctions, #5 Civil Cover Sheet)(AJS) |
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| Plaintiff: Capital One Bank (U.S.A.), N.A. | |
| Represented By: | Michael Darren Starks |
| Represented By: | Andrew Kemp-Gerstel |
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| Defendant: Belawn Oreall Bright | |
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