Manchinelli Granados, as Personal Representative of the Estate of Juan Carlos Arellano Jimenez v. HSBC BANK USA NA et al
| Isaac Gabriel Manchinelli Granados, as Personal Representative of the Estate of Juan Carlos Arellano Jimenez |
| HSBC Mexico, S.A., HSBC Private Bank, Institucion de Banca Multiple, HSBC North America Holdings, HSBC BANK USA NA and Grupo Financiero HSBC, S.A., de C.V. |
| 1:2020cv22470 |
| June 15, 2020 |
| US District Court for the Southern District of Florida |
| Jose E Martinez |
| Alicia M Otazo-Reyes |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 12, 2020. A more recent docket listing may be available from PACER.
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| Filing 25 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Telephonic Motion Hearing held on 8/12/2020 re #10 Renewed MOTION to Remand to State Court (including certificate pursuant to Local Rule 7.1(a)(3)) filed by Isaac Gabriel Manchinelli Granados, as Personal Representative of the Estate of Juan Carlos Arellano Jimenez. Total time in court: 49 minutes. Attorney Appearance(s): Eduardo Enrique Bertran and Francesco Antonio Zincone, III appeared on behalf of the Petitioner. Sara Soto, Alex Joseph Sabo, II and Leonel Peraza, Jr. appeared on behalf of the Respondent. Order to follow. (Digital 13:29:24 - 14:17:39) (sl) . |
| Filing 24 REPLY to Response to Motion re #10 Renewed MOTION to Remand to State Court (including certificate pursuant to Local Rule 7.1(a)(3)) filed by Isaac Gabriel Manchinelli Granados, as Personal Representative of the Estate of Juan Carlos Arellano Jimenez. (Bertran, Eduardo) |
| Filing 23 Statement of: Undisputed Material Facts Pursuant to Local Rule 56.1 by HSBC BANK USA NA, HSBC Private Bank (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Soto, Sara) |
| Filing 22 MOTION TO DISMISS #5 Amended Complaint,,,,,, FOR FAILURE TO STATE A CLAIM or, in the alternative, Motion for Summary Judgment, and Incorporated Memorandum of Law and Request for Hearing by HSBC BANK USA NA, HSBC Private Bank. Responses due by 8/21/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Soto, Sara) |
Filing 21
PAPERLESS ORDER terminating HSBC North America Holdings from this case in light of the #20 notice of voluntary dismissal. Signed by Judge Jose E. Martinez on 8/7/2020. (jd00)
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| Filing 20 NOTICE of Voluntary Dismissal of HSBC NORTH AMERICA HOLDINGS, N.A. only, without prejudice, by Isaac Gabriel Manchinelli Granados, as Personal Representative of the Estate of Juan Carlos Arellano Jimenez (Zincone, Francesco) |
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Filing 19
PAPERLESS ORDER Setting Telephonic Hearing on #10 Renewed MOTION to Remand to State Court for 8/12/2020 at 1:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Counsel shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0812. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/5/2020. (gzu)
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| Filing 18 RESPONSE in Opposition re #10 Renewed MOTION to Remand to State Court (including certificate pursuant to Local Rule 7.1(a)(3)) OPPOSITION TO PETITIONERS MOTION FOR REMAND AND INCORPORATED MEMORANDUM OF LAW AND REQUEST FOR HEARING filed by HSBC BANK USA NA, HSBC North America Holdings. Replies due by 8/11/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Peraza, Leonel) |
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Filing 17
PAPERLESS ORDER granting #16 Motion for Extension of Time. Respondents shall have through and including August 7, 2020 to respond to the #5 Amended Petition for Declaratory Relief and Damages. Signed by Judge Jose E. Martinez on 7/23/2020. (jd00)
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| Filing 16 Second MOTION for Extension of Time to File Response/Reply/Answer as to #5 Amended Complaint,,,,,, Second Unopposed Motion for Further Extension of Time to Respond to Amended Petition for Declaratory Relief and Damages [DE 05] by HSBC BANK USA NA, HSBC North America Holdings. (Attachments: #1 Text of Proposed Order)(Peraza, Leonel) |
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Filing 15
PAPERLESS ORDER granting #14 MOTION for Extension of Time. Response to #10 Renewed MOTION to Remand due by 8/4/2020. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/20/2020. (gzu)
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| Filing 14 MOTION for Extension of Time to File Response/Reply/Answer as to #10 Renewed MOTION to Remand to State Court (including certificate pursuant to Local Rule 7.1(a)(3)) Respondents HSBC Bank USA, N.A. and HSBC North America Holdings Inc.'s Unopposed Motion for Extension of Time to Respond to Petitioner's Renewed Motion for Remand [DE 10] by HSBC BANK USA NA, HSBC North America Holdings. (Attachments: #1 Text of Proposed Order)(Peraza, Leonel) |
| Filing 13 NOTICE by HSBC BANK USA NA re #1 Notice of Removal (State Court Complaint), of Consent to Removal (Soto, Sara) |
| Filing 12 CASE REFERRED to Magistrate Judge Alicia M. Otazo-Reyes per DE 11 ORDER REFERRING #10 Renewed Motion to Remand to State Court. Motions referred to Judge Alicia M. Otazo-Reyes. (vjk) |
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Filing 11
PAPERLESS ORDER REFERRING #10 Renewed Motion to Remand to State Court to Magistrate Judge Alicia M. Otazo-Reyes. Signed by Judge Jose E. Martinez on 7/7/2020. (jd00)
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| Filing 10 Renewed MOTION to Remand to State Court (including certificate pursuant to Local Rule 7.1(a)(3)) by Isaac Gabriel Manchinelli Granados, as Personal Representative of the Estate of Juan Carlos Arellano Jimenez. (Zincone, Francesco) |
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Filing 9
PAPERLESS ORDER denying without prejudice #8 Motion to Remand for failure to meet and confer per Southern District of Florida Local Rule 7.1(a)(3). Signed by Judge Jose E. Martinez on 7/6/2020. (jd00)
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| Filing 8 MOTION to Remand by Isaac Gabriel Manchinelli Granados, as Personal Representative of the Estate of Juan Carlos Arellano Jimenez. (Zincone, Francesco) |
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Filing 7
PAPERLESS ORDER granting #6 Motion for Extension of Time to File Answer to #5 Amended Complaint. Answer due 7/28/2020. Signed by Judge Jose E. Martinez on 7/2/2020. (jd00)
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| Filing 6 MOTION for Extension of Time to File Response/Reply/Answer as to #5 Amended Complaint,,,,,, Respondents' Unopposed Motion for Extension of Time to Respond to Amended Petition by HSBC BANK USA NA, HSBC North America Holdings. (Attachments: #1 Text of Proposed Order)(Peraza, Leonel) |
| Filing 5 First AMENDED COMPLAINT as a matter of course pursuant to Fed. R. Civ. P. 15(A)(1) against Grupo Financiero HSBC, S.A., de C.V., HSBC BANK USA NA, HSBC Mexico, S.A., HSBC North America Holdings, HSBC Private Bank, Institucion de Banca Multiple, filed by Isaac Gabriel Manchinelli Granados, as Personal Representative of the Estate of Juan Carlos Arellano Jimenez. (Attachments: #1 Exhibit Exhibit A - October 28, 2019 Manchinelli Demand Letter to HSBC, #2 Exhibit Exhibit B - April 21, 2020 Order Admitting Will of Non Resident to Probate and Appointing Personal Representative, #3 Exhibit Exhibit C - April 21, 2020 Ancillary Letters of Administration, #4 Exhibit Exhibit D-1 - March 7, 2005 Mexican Judgment (in original Spanish), #5 Exhibit Exhibit D-2 - March 7, 2005 Mexican Judgment (in translated English), #6 Exhibit Exhibit E-1 - January 20, 2011 Arellano Will (in original Spanish), #7 Exhibit Exhibit E-2 - January 20, 2011 Arellano Will (in translated English), #8 Exhibit Exhibit F-1 - November 11, 2012 Acceptance of Inheritance by Manchinelli (in original Spanish), #9 Exhibit Exhibit F-2 - November 11, 2012 Acceptance of Inheritance by Manchinelli (in translated English), #10 Exhibit Exhibit G-1 - May 25, 2015 Judicial Approval of Will (in original Spanish), #11 Exhibit Exhibit G-2 - May 25, 2015 Judicial Approval of Will (in translated English), #12 Exhibit Exhibit H - Composite Exhibit of October 23, 2019 Email Chain between Attorney Bertran and HSBC, #13 Exhibit Exhibit I - Composite Email of October 25, 2019 Emails, #14 Exhibit Exhibit J - November 1, 2019 Email from Ernesto Paredes to Eduardo Bertran)(Zincone, Francesco) |
| Filing 4 NOTICE by HSBC North America Holdings Notice of Filing Civil Cover Sheet (Attachments: #1 Civil Cover Sheet) (Soto, Sara) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (jbs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (jbs) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Petition for Declaratory Relief and Damages) Filing fee $ 400.00 receipt number AFLSDC-13031982, filed by HSBC North America Holdings. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Soto, Sara)(No Motions to Dismiss/No Answer Filed) Modified text on 6/16/2020 (jbs). |
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