Brignoni v. Popular, Inc. et al
| Elba Nilda Brignoni, Evelyn Lopez Brignoni and Alfredo Lopez Brignoni |
| Popular, Inc., Banco Popular De Puerto Rico, Banco Popular North America and POPULAR COMMUNITY BANK |
| 1:2015cv23071 |
| August 17, 2015 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade |
| Chris M McAliley |
| K Michael Moore |
| Banks and Banking |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on August 16, 2016. A more recent docket listing may be available from PACER.
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Filing 12
ORDER denying #11 Motion to Reopen Case. Signed by Chief Judge K. Michael Moore on 8/16/2016. (mgn)
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| Filing 11 EMERGENCY MOTION to Reopen Case by Alfredo Lopez Brignoni, Elba Nilda Brignoni, Evelyn Lopez Brignoni. (jas) |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On September 17, 2015, this Court entered a Pretrial Order 6 requiring the Parties to file a joint scheduling report within ten (10) days of their joint scheduling conference, which was to be held no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurred first. The Order cautioned, "[f]ailure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorneys fees and costs." The deadline for filing a joint scheduling report has passed and no extension of time has been requested. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is instructed to CLOSE this case. All pending motions are DENIED AS MOOT. The Parties may move to reopen this matter upon the filing of a joint scheduling report. Signed by Chief Judge K. Michael Moore on 10/27/2015. (mgn)
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before this Court upon a sua sponte review of the record. On September 17, 2015, this Court entered an Order 8 granting Evelyn Lopez Brignoni's Motion for Leave to Appeal In Forma Pauperis #4 . However, the party that requested the leave and demonstrated an inability to pay fees was Plaintiff Elba Nilda Brignoni. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion for Leave to Appeal In Forma Pauperis #4 is GRANTED only as to Plaintiff Elba Nilda Brignoni and this Court's prior order 8 is hereby VACATED. Signed by Chief Judge K. Michael Moore on 9/25/2015. (mgn)
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Filing 8
VACATED - PAPERLESS ORDER granting #4 Evelyn Lopez Brignoni's Motion for Leave to Appeal in Forma Pauperis. Pursuant to 28 U.S.C. 1915(a) any court may authorize the commencement of any suit without prepayment of fees or security by a person who submits an affidavit that includes a statement of assets that the person possesses and indicates that the person is unable to pay such fees. Plaintiff Evelyn Lopez Brignoni has demonstrated an inability to pay fees. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion for Leave to Appeal In Forma Pauperis #4 is GRANTED only as to Plaintiff Evelyn Lopez Brignoni. Signed by Chief Judge K. Michael Moore on 9/17/2015. (apy) Modified to show that this order has been vacated per DE 9 on 9/28/2015 (jua).
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Filing 7
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE CHRIS M. MCALILEY. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above captioned Cause is referred to United States Magistrate Judge Chris M. McAliley to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Chris M. McAlileys discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge McAliley, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 9/17/2015. (apy)
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Filing 6
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 120 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 9/17/2015. (apy)
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| Filing 5 Clerk's Notice of Filing Deficiency Re: #1 Complaint, filed by Elba Nilda Brignoni, Alfredo Lopez Brignoni, Evelyn Lopez Brignoni. Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). (pes) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Alfredo Lopez Brignoni, Elba Nilda Brignoni, Evelyn Lopez Brignoni. (pes) |
| Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (pes) |
| Filing 2 Judge Assignment to Chief Judge K. Michael Moore (pes) |
| Filing 1 COMPLAINT against Banco Popular De Puerto Rico, Banco Popular North America, POPULAR COMMUNITY BANK, Popular, Inc.. Filing fees $ 400.00. IFP Filed, filed by Elba Nilda Brignoni, Evelyn Lopez Brignoni, Alfredo Lopez Brignoni.(pes) (Additional attachment(s) added on 8/17/2015: #1 Civil Cover Sheet) (pes). |
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