Gallant v. TD Bank, N.A.
| Brian Gallant |
| TD Bank, N.A. and Early Warning Services, LLC |
| 1:2022cv21714 |
| June 3, 2022 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Edwin G Torres |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 32 SUMMONS (Affidavit) Returned Executed on #21 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Brian Gallant. EARLY WARNING SERVICES, LLC d/b/a ZELLE served on 7/25/2022, response/answer due 8/15/2022. (Shamis, Andrew) |
| Filing 31 Summons Issued as to EARLY WARNING SERVICES, LLC d/b/a ZELLE. (drz) |
| Filing 30 NOTICE of Filing Proposed Summons(es) by Brian Gallant re #21 Amended Complaint/Amended Notice of Removal filed by Brian Gallant (Shamis, Andrew) |
| Filing 29 Clerk's Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (drz) |
| Filing 28 NOTICE of Filing Proposed Summons(es) by Brian Gallant re #21 Amended Complaint/Amended Notice of Removal filed by Brian Gallant (Shamis, Andrew) |
Filing 27
ORDER that on or before August 8, 2022, Plaintiff shall perfect service upon Defendant, Early Warning Services, LLC, or show cause why this Defendant should not be dismissed for failure to perfect service of process. Signed by Chief Judge Cecilia M. Altonaga on 7/21/2022. See attached document for full details. (wc)
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Filing 26
ORDER granting #25 Plaintiff, Brian Gallant's Response to Show Cause Order and Request for Leave to Amend Complaint Pursuant to Rule 15. Defendant has until August 5, 2022 to file a response or answer to Plaintiff's First Amended Complaint. Signed by Chief Judge Cecilia M. Altonaga on 7/15/2022. See attached document for full details. (wc)
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| Filing 25 NOTICE by Brian Gallant re #22 Order on Motion to Dismiss for Failure to State a Claim, (Shamis, Andrew) |
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Filing 24
ORDER SCHEDULING MEDIATION before Eric Green. Mediation Hearing set for 12/13/2022 at 9:30 AM. The parties are reminded that a report of the mediation conference is due no later than December 19, 2022. Signed by Chief Judge Cecilia M. Altonaga on 7/13/2022. See attached document for full details. (wc)
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| Filing 23 NOTICE of Mediator Selection and Hearing. Selected/Added Eric Green as Mediator. Mediation Hearing set for 12/13/2022 at 9:30 a.m.. (Attachments: #1 Text of Proposed Order Proposed Order Scheduling Mediation)(Shamis, Andrew) |
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Filing 22
ORDER that Plaintiff shall file a notice with the Court by July 14, 2022, stating specifically the justification for filing the #21 First Amended Complaint; denying as moot #13 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Cecilia M. Altonaga on 7/12/2022. See attached document for full details. (wc)
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| Filing 21 First AMENDED COMPLAINT against All Defendants, filed by Brian Gallant.(Shamis, Andrew) |
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Filing 20
ORDER /Reply to Motion. Responses due by 7/11/2022. Signed by Chief Judge Cecilia M. Altonaga on 6/24/2022. See attached document for full details. (ps1)
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Filing 19
ORDER SETTING DISCOVERY PROCEDURES. Signed by Ch. Magistrate Judge Edwin G. Torres on 6/24/2022. See attached document for full details. (mdc)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #13 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Brian Gallant. (Attachments: #1 Text of Proposed Order)(Shamis, Andrew) |
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Filing 17
ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 4/10/2023 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 4/4/2023 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 8/2/2022. All Discovery, including Expert Discovery, due by 12/12/2022. Mediation Deadline 12/19/2022. In Limine Motions due by 1/24/2023. Motions due by 12/27/2022. Pretrial Stipulation due by 1/24/2022. REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 6/21/2022. See attached document for full details. (ps1)
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Filing 16
ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Joshua D. Dunlap. Signed by Chief Judge Cecilia M. Altonaga on 6/17/2022. See attached document for full details. (ps1)
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Filing 15
ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lucus A. Ritchie. Signed by Chief Judge Cecilia M. Altonaga on 6/17/2022. See attached document for full details. (ps1)
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| Filing 14 STATUS REPORT (Removal Status Report) by TD Bank, N.A. (Attachments: #1 Exhibit)(Isani, Jamie) |
| Filing 13 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by TD Bank, N.A.. Responses due by 7/1/2022 (Attachments: #1 Exhibit Personal Deposit Account Agreement, #2 Exhibit Zelle Terms, #3 Exhibit On Line Banking, #4 Exhibit Zelle and P2P Digital Payments, #5 Exhibit Important Information for Consumers)(Isani, Jamie) |
| Filing 12 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by TD Bank, N.A. identifying Corporate Parent TD Bank US Holding Company, Corporate Parent The Toronto-Dominion Bank, Corporate Parent TD Group US Holdings LLC, Other Affiliate TD Private Client Wealth LLC, Other Affiliate TD Equipment Finance Inc., Other Affiliate TD Wealth Management Services, Inc., Other Affiliate TD Bank USA, N.A. for TD Bank, N.A. (Isani, Jamie) |
| Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Brian Gallant (Shamis, Andrew) |
| Filing 10 Joint SCHEDULING REPORT - Rule 16.1 by Brian Gallant (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Shamis, Andrew) |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joshua D. Dunlap. Filing Fee $ 200.00 Receipt # AFLSDC-15723983 by TD Bank, N.A.. Responses due by 6/30/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Isani, Jamie) |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lucus A. Ritchie. Filing Fee $ 200.00 Receipt # AFLSDC-15723968 by TD Bank, N.A.. Responses due by 6/30/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Isani, Jamie) |
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Filing 7
ORDER granting in part #4 Defendant's Unopposed Motion for an Extension of Time for TD Bank, N.A. [sic] Respond to Plaintiff's Class Action Complaint. TD Bank, N.A. has through and including June 20, 2022 to answer or otherwise respond to the Complaint. Signed by Chief Judge Cecilia M. Altonaga on 6/7/2022. See attached document for full details. (wc)
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Filing 6
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report and Certificates of Interested Parties due by 6/17/2022. Signed by Chief Judge Cecilia M. Altonaga on 6/7/2022. See attached document for full details. (wc)
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Filing 5
ORDER. Removal Status Report due by 6/17/2022. Signed by Chief Judge Cecilia M. Altonaga on 6/7/2022. See attached document for full details. (wc)
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| Filing 4 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Class Action Complaint by TD Bank, N.A.. (Attachments: #1 Text of Proposed Order)(Isani, Jamie) |
| Filing 3 Corporate Disclosure Statement by TD Bank, N.A. identifying Corporate Parent TD Bank US Holding Company, a Delaware corporation, Corporate Parent TD Group US Holdings LLC, a Delaware limited liability company, Corporate Parent The Toronto-Dominion Bank, a Canadian-chartered bank for TD Bank, N.A. (Isani, Jamie) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (bb) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Class Action Complaint) Filing fee $ 402.00 receipt number AFLSDC-15690428, filed by TD Bank, N.A.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A State Court file, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C Declaration of John Bunzel)(Isani, Jamie) |
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