Ukatu v. Ezeiruaku et al
| Mallinson A Ukatu |
| Okezie N. Ezeiruaku, Ezone Global, Inc, Tropical Financial Credit Union and Citibank, NA |
| 1:2022cv20679 |
| March 7, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 3, 2022. A more recent docket listing may be available from PACER.
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| Filing 19 CERTIFICATE OF SERVICE by Citibank, NA (Mullins, Edward) |
| Filing 18 Corporate Disclosure Statement by Citibank, NA identifying Corporate Parent Citigroup, Inc., Other Affiliate Citicorp for Citibank, NA (Mullins, Edward) |
| Filing 17 CERTIFICATE OF SERVICE by Tropical Financial Credit Union re #16 Certificate of Other Affiliates/Corporate Disclosure Statement, #15 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM (Krause, Matthew) |
| Filing 16 Corporate Disclosure Statement by Tropical Financial Credit Union (Krause, Matthew) |
| Filing 15 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Tropical Financial Credit Union. Attorney Matthew G. Krause added to party Tropical Financial Credit Union(pty:dft). Responses due by 5/17/2022 (Krause, Matthew) |
| Filing 14 CERTIFICATE OF SERVICE by Citibank, NA Edward Mullins (Mullins, Edward) |
| Reset Deadlines Per DE#13. Amended Complaint due by 5/19/2022. Responses due by 5/12/2022 (cqs) |
Filing 13
PAPERLESS ORDER REGARDING DEFENDANT'S MOTION TO DISMISS #12 . THIS CAUSE came before the Court upon Defendant Citibank, N.A.'s Motion to Dismiss. #12 . Therein, Citibank, N.A. moves to dismiss Plaintiff's Complaint #1 for failure to state a claim upon which relief can be granted. See generally id. Without expressing any views as to the Motion's merits, the Court affords Plaintiff an opportunity to cure the purported pleading defects by granting Plaintiff leave to file an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Accordingly, Plaintiff is ORDERED to either amend the Complaint #1 on or before May 19, 2022, or respond to the Motion to Dismiss #12 on or before May 12, 2022. Signed by Judge K. Michael Moore on 4/29/2022. (soy)
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| Filing 12 Defendant's MOTION TO DISMISS #9 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Citibank, NA. Attorney Edward Maurice Mullins added to party Citibank, NA(pty:dft). Responses due by 5/12/2022 (Mullins, Edward) |
| Filing 11 CLERK'S NOTICE Re Plaintiff Mallinson A Ukatu #10 Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing form is INCOMPLETE. Plaintiff is instructed to certify each item on the form for consideration. (bb) |
| Filing 10 Consent by Pro Se Litigant (Non-Prisoner) Mallinson A Ukatu to receive Notices of Electronic Filing at email address: mallinsonukatu3@gmail.com (cds) |
| Filing 9 AMENDED COMPLAINT against Citibank, NA, Okezie N. Ezeiruaku, Ezone Global, Inc, Tropical Financial Credit Union, filed by Mallinson A Ukatu.(cds) |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE re #6 Order to Show Cause by Mallinson A Ukatu. (cds) |
| Filing 7 Summons Issued as to Citibank, NA, Okezie N. Ezeiruaku, Ezone Global, Inc, Tropical Financial Credit Union. (drz) |
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Filing 6
PAPERLESS ORDER TO SHOW CAUSE AND ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. This is before the court on #1 Plaintiff's Complaint, which is missing pages. Accordingly, Plaintiff is ORDERED to file a complete Complaint by no later than March 23, 2022. Although the Court is mindful of Plaintiff's pro se status, pro se litigants must abide by court deadlines and procedural rules. The Clerk of Court is INSTRUCTED to transmit a copy of these Orders to Plaintiff. Signed by Magistrate Judge Lauren Fleischer Louis on 3/9/2022. See attached document for full details. (pdy)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, this case is hereby referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters including discovery, and for a Report and Recommendation on any dispositive matters, except for motions affecting any deadlines set by this Order or the Court's forthcoming order scheduling trial. In addition, the Parties are hereby ORDERED to comply with Magistrate Judge Louis's discovery procedures. In addition, pursuant to 28 U.S.C. 636(c) and Magistrate Judge Rule 1(h) of the Local Rules of the Southern District of Florida, the Parties are hereby ORDERED to inform the Court whether they consent to jurisdiction by Magistrate Judge Louis to take all necessary and proper action as required by law, including, if necessary, a jury or non-jury trial and entry of final judgment. The Parties shall confer and file a joint response within ten (10) days of the first responsive pleading by the last responding defendant. Signed by Judge K. Michael Moore on 3/8/2022. (tgr)
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Filing 4
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 90 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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... 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). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.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 Judge K. Michael Moore on 3/8/2022. (tgr)
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| Filing 3 Clerks Notice of Receipt of Filing Fee received on 3/7/2022 in the amount of $ 402.00, receipt number FLS000015290. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. 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. (mee) |
| Filing 1 COMPLAINT against Citibank, NA, Okezie N. Ezeiruaku, Ezone Global, Inc, Tropical Financial Credit Union. Filing fees $ 402.00 NOT PAID/NO IFP, filed by Mallinson A Ukatu. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(mee) |
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