FALCON et al v. Bank Of America, N.A.
Plaintiff: ZENAIDA JOSEFINA FALCON, IRAMA JOSEFINA FALCON and RHAYZA JOSEFINA FALCON
Defendant: Bank Of America, N.A.
Case Number: 1:2021cv24250
Filed: December 3, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 21, 2022 Opinion or Order Filing 15 PAPERLESS ORDER granting #13 Defendant's Unopposed Motion for Extension of Time to File Reply in Further Support of Motion to Dismiss the Complaint. Defendant shall file its Reply in support of its #4 Motion to Dismiss the Complaint on or before January 24, 2022. Signed by Judge Darrin P. Gayles on 1/21/2022. (jsi)
January 21, 2022 Filing 14 REPLY to Response to Motion re #4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), filed by Bank Of America, N.A.. (Dobel, Shannon)
January 18, 2022 Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #11 Response in Opposition to Motion, by Bank Of America, N.A.. (Dobel, Shannon)
January 12, 2022 Filing 12 Initial Disclosure(s) of CERTIFICATE OF INTERESTED PARTIES AND CORPORATE DISCLOSURE by IRAMA JOSEFINA FALCON, RHAYZA JOSEFINA FALCON, ZENAIDA JOSEFINA FALCON (Prego, Martin)
January 11, 2022 Filing 11 RESPONSE in Opposition re #4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), filed by IRAMA JOSEFINA FALCON, RHAYZA JOSEFINA FALCON, ZENAIDA JOSEFINA FALCON. Replies due by 1/18/2022. (Prego, Martin)
December 27, 2021 Opinion or Order Filing 10 SCHEDULING ORDER: Jury Trial set for 6/5/2023 in Miami Division before Judge Darrin P. Gayles. Calendar Call set for 5/31/2023 09:30 AM in Miami Division before Judge Darrin P. Gayles. Status Conference set for 11/16/2022 10:00 AM in Miami Division before Judge Darrin P. Gayles. Expert Discovery due by 1/5/2023. Fact Discovery due by 12/5/2022. Joinder of Parties due by 1/27/2022. Mediation Deadline 10/21/2022. Dispositive Motions due by 2/6/2023. In Limine Motions due by 4/5/2023. Motions due by 4/5/2023. Pretrial Stipulation due by 5/5/2023. Signed by Judge Darrin P. Gayles on 12/27/2021. See attached document for full details. (jcy) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
December 27, 2021 Opinion or Order Filing 9 PAPERLESS ORDER granting #7 Plaintiffs' Unopposed Motion for Extension of time to File Response to Defendant's Motion to Dismiss. Plaintiffs shall file their Response to #4 Defendant's Motion to Dismiss the Complaint on or before January 10, 2022. Signed by Judge Darrin P. Gayles on 12/27/2021. (jsi)
December 27, 2021 Filing 8 Joint SCHEDULING REPORT - Rule 16.1 by Bank Of America, N.A. (Dobel, Shannon)
December 24, 2021 Filing 7 First MOTION for Extension of Time to File Response/Reply/Answer as to #4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by IRAMA JOSEFINA FALCON, RHAYZA JOSEFINA FALCON, ZENAIDA JOSEFINA FALCON. (Prego, Martin)
December 15, 2021 Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement by Bank Of America, N.A. identifying Other Affiliate BAC North America Holding Company, Other Affiliate Bank of America Corporation, Other Affiliate NB Holdings Corporation for Bank Of America, N.A. (Dobel, Shannon)
December 13, 2021 Opinion or Order Filing 5 PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before December 27, 2021, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 12/13/2021. (jsi)
December 10, 2021 Filing 4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by Bank Of America, N.A.. Responses due by 12/27/2021 (Dobel, Shannon)
December 8, 2021 Opinion or Order Filing 3 ORDER OF RECUSAL. Judge Roy K. Altman recused. Case reassigned to Judge Darrin P. Gayles for all further proceedings. Signed by Judge Roy K. Altman on 12/7/2021. See attached document for full details. (yar)
December 3, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. 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. 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)
December 3, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL) Filing fee $ 402.00 receipt number AFLSDC-15219474, filed by Bank Of America, N.A..(Dobel, Shannon)

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Plaintiff: ZENAIDA JOSEFINA FALCON
Represented By: Martin George Prego
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Plaintiff: IRAMA JOSEFINA FALCON
Represented By: Martin George Prego
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Plaintiff: RHAYZA JOSEFINA FALCON
Represented By: Martin George Prego
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Defendant: Bank Of America, N.A.
Represented By: Shannon Dobel
Represented By: Marc Thomas Parrino
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