First Southwestern Financial Services, LLC v. Dawkins Home Inc. et al
Plaintiff: First Southwestern Financial Services, LLC
Defendant: Michael Dawkins, Michael Dawkins Inc., Dawkins Home Inc. and TD Bank, N.A.
Garnishee: Apollo Bank
Case Number: 1:2020cv24768
Filed: November 19, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Joan A Lenard
Referring Judge: Lauren Fleischer Louis
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 13, 2021 Filing 31 NOTICE by First Southwestern Financial Services, LLC of Filing (Samsing, Erik)
January 13, 2021 Filing 30 Clerks Non-Entry of Default as to TD Bank, N.A. - Motions Terminated: #29 Motion for Clerks Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket Signed by DEPUTY CLERK on 1/13/2021. (pcs)
January 13, 2021 Filing 29 Plaintiff's MOTION for Clerks Entry of Default as to TD Bank, N.A. by First Southwestern Financial Services, LLC. (Samsing, Erik)
January 11, 2021 Opinion or Order Filing 28 ORDER of Referral to Mediation and Directing Plaintiff's Counsel to Submit (Within Fourteen Days) Proposed Order Scheduling Mediation. Mediation Deadline 4/16/2021. Signed by Judge Joan A. Lenard on 01/11/2021. See attached document for full details. (Attachments: #1 Appendix) (dp)
January 11, 2021 Opinion or Order Filing 27 Order Adopting Joint Scheduling Report, Setting Pretrial Conference and Trial, Establishing Pretrial Deadlines, and Establishing Pretrial and Trial Procedures: Jury Trial set for 8/16/2021 09:00 AM in Miami Division before Judge Joan A. Lenard. Calendar Call set for 8/11/2021 04:00 PM in Miami Division before Judge Joan A. Lenard. Pretrial Conference set for 7/26/2021 02:00 PM in Miami Division before Judge Joan A. Lenard. Signed by Judge Joan A. Lenard on 01/11/2021. See attached document for full details. (dp)
January 4, 2021 Opinion or Order Filing 26 Order of Reference of Certain Matters to Magistrate Judge. Signed by Judge Joan A. Lenard on 01/04/2021. See attached document for full details. (dp)
December 30, 2020 Filing 25 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by First Southwestern Financial Services, LLC (Samsing, Erik)
December 30, 2020 Filing 24 Joint SCHEDULING REPORT - Rule 16.1 by First Southwestern Financial Services, LLC (Samsing, Erik)
December 30, 2020 Filing 23 Certificate of Other Affiliates/Corporate Disclosure Statement by First Southwestern Financial Services, LLC identifying Other Affiliate Bank of America, N.A., Garnishee, Other Affiliate Ocean Bank, Garnishee, Other Affiliate T.D. Bank, N.A., Garnishee, Other Affiliate Lopez, Javier A., Court Appointed Receiver for First Southwestern Financial Services, LLC (Samsing, Erik)
December 30, 2020 Filing 22 Clerks Notice to Filer re #20 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (pcs)
December 29, 2020 Filing 21 Notice of Pending, Refiled, Related or Similar Actions by First Southwestern Financial Services, LLC (Samsing, Erik)
December 29, 2020 Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement by First Southwestern Financial Services, LLC (Samsing, Erik)
December 29, 2020 Opinion or Order Filing 19 PAPERLESS ORDER TO SHOW CAUSE. On November 24, 2020, the Court issued an #8 Order directing the parties to file, inter alia, a completed form indicating whether the parties agree to have a U.S. Magistrate Judge decide certain issues, and a Joint Scheduling Report and Form, within thirty (30) days of the date of such Order. To date, however, the parties have not filed a Joint Scheduling Report, Joint Scheduling Form, or a Consent to Jurisdiction Form. Accordingly, it is ORDERED AND ADJUDGED that on or before December 31, 2020, the parties shall file a Joint Scheduling Report, Joint Scheduling Form, and Consent to Jurisdiction form indicating consent or non-consent to issues before a U.S. Magistrate Judge. It is further ORDERED AND ADJUDGED that failure to comply with this Order or submit notice of good cause for failure to comply may result in dismissal of this action or the entry of default against Defendant. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/29/2020. (gie)
December 22, 2020 Filing 18 REPLY to #17 Response to Motion, by First Southwestern Financial Services, LLC. (Samsing, Erik)
December 21, 2020 Filing 17 RESPONSE to Motion re #12 Plaintiff's MOTION to Remand to State Court and Incorporated Memorandum of Law with Incorporated Memorandum of Law; filed by Michael Dawkins, Dawkins Home Inc., Michael Dawkins Inc.. Replies due by 12/28/2020. (Marrero, Julio)
December 21, 2020 Opinion or Order Filing 16 PAPERLESS ORDER GRANTING #15 Motion for Enlargement of Time. Defendants shall have until and including 3:00 PM on December 21, 2020 to file its Response to Plaintiff's Motion to Remand. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/21/2020. (gie)
December 18, 2020 Filing 15 MOTION for Extension of Time Limited Enlargement of Time of 1-Day to File Response to Plaintiffs Motion to Remand to State Court [DE 12], for Unpredictable Emergencies Over the Last 2-Days, with Incorporated Memorandum of Law re #12 Plaintiff's MOTION to Remand to State Court and Incorporated Memorandum of Law by Michael Dawkins, Dawkins Home Inc., Michael Dawkins Inc.. Responses due by 1/4/2021 (Marrero, Julio)
December 15, 2020 Opinion or Order Filing 14 PAPERLESS ORDER GRANTING #13 Unopposed Motion for Limited Enlargement of Time of 3-Days to File Response to Plaintiff's Motion to Remand to State Court. Defendants shall have until and including December 17, 2020 to respond to Plaintiff's Motion to Remand to State Court. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/15/2020. (gie)
December 14, 2020 Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 Plaintiff's MOTION to Remand to State Court and Incorporated Memorandum of Law by Michael Dawkins, Dawkins Home Inc., Michael Dawkins Inc.. (Marrero, Julio)
November 30, 2020 Filing 12 Plaintiff's MOTION to Remand to State Court and Incorporated Memorandum of Law by First Southwestern Financial Services, LLC. Attorney Erik Tyler Samsing added to party First Southwestern Financial Services, LLC(pty:pla). (Attachments: #1 Composite Exhibit A)(Samsing, Erik)
November 25, 2020 Opinion or Order Filing 11 PAPERLESS ORDER REFERRING to Magistrate Judge Lauren Fleischer Louis #10 Motion to Dissolve Writs of Garnishment. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/25/2020. (gie)
November 25, 2020 Filing 10 MOTION to Dissolve Writs of Garnishment re #6 Certificate of Service, #7 Certificate of Service by Michael Dawkins, Dawkins Home Inc., Michael Dawkins Inc.. (Marrero, Julio)
November 24, 2020 Opinion or Order Filing 9 Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 11/24/2020. See attached document for full details. (dp)
November 24, 2020 Opinion or Order Filing 8 Order Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Lauren F. Louis; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; Notice of Court Practice in Removal Actions; and Directing Parties to File a Joint Scheduling Report and Form.. Signed by Judge Joan A. Lenard on 11/24/2020. See attached document for full details. (Attachments: #1 Appendix, #2 Appendix) (dp)
November 24, 2020 Filing 7 CERTIFICATE OF SERVICE by First Southwestern Financial Services, LLC (Samsing, Erik)
November 23, 2020 Filing 6 CERTIFICATE OF SERVICE by First Southwestern Financial Services, LLC re Notice to Defendants (Samsing, Erik)
November 19, 2020 Filing 5 Clerks Notice to Filer re: Electronic Case. State Court Records not included. Filer is instructed to file a Notice (Other) with the State Court Records attached within 24 hours. (pcs)
November 19, 2020 Filing 4 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (pcs)
November 19, 2020 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. (pcs)
November 19, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (pcs) Modified on 11/19/2020 (pcs).
November 19, 2020 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint Garnish) Filing fee $ 400.00 receipt number AFLSDC-13892116, filed by Dawkins Michael, Michael Dawkins Inc., Dawkins Home Inc.. (Attachments: #1 Writ 1, #2 Writ 2, #3 Writ 3, #4 Writ 4)(Marrero, Julio) No Answer/Motion to Dismiss filed. Modified on 11/19/2020 (pcs).

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Defendant: Michael Dawkins
Represented By: Julio Cesar Marrero
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Defendant: Michael Dawkins Inc.
Represented By: Julio Cesar Marrero
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Defendant: Dawkins Home Inc.
Represented By: Julio Cesar Marrero
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Defendant: TD Bank, N.A.
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Garnishee: Apollo Bank
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Plaintiff: First Southwestern Financial Services, LLC
Represented By: Erik Tyler Samsing
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