Villoldo et al v. Bank of America, N.A. et al
| Alfredo Villoldo, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos and Gustavo E. Villoldo |
| Bank of America, N.A., Fidel Castro Ruz, Raul Castro Ruz, THE MINISTRY OF INTERIOR, THE ARMY OF THE REPUBLIC OF CUBA and THE REPUBLIC OF CUBA |
| 1:2022cv23502 |
| October 26, 2022 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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| Filing 28 REPLY IN SUPPORT OF MOTION re #16 MOTION to Change Venue filed by Bank of America, N.A.. (Attachments: #1 Declaration Supporting Bank of America, N.A.'s Reply In Support of Motion to Transfer)(Schaeffer, Reid) Modified text on 12/22/2022 (ebz). |
| Filing 27 NOTICE of Striking #26 Response in Support of Motion, filed by Bank of America, N.A. by Bank of America, N.A. (Schaeffer, Reid) |
| Filing 26 STRICKEN. REPLY IN SUPPORT OF MOTION re #19 EXPEDITED MOTION for Extension of Time to Respond re #16 MOTION to Change Venue filed by Bank of America, N.A.. (Attachments: #1 Affidavit Declaration supporting Reply in Support to Motion to Transfer)(Schaeffer, Reid) Modified text on 12/22/2022 (ebz). Modified per DE #27 Notice of Striking on 12/22/2022 (ebz). |
| Filing 25 RESPONSE in Opposition re #16 MOTION to Change Venue filed by Alfredo Villoldo, Gustavo E. Villoldo. Replies due by 12/21/2022. (Kavanaugh, Samantha) |
| Filing 24 REPLY IN SUPPORT OF MOTION re #13 MOTION to Remand to State Court filed by Alfredo Villoldo, Gustavo E. Villoldo. (Kavanaugh, Samantha) Modified text on 12/9/2022 (ebz). |
Filing 23
PAPERLESS ORDER: Having considered the parties' briefing on the Plaintiffs' #19 motion for an extension of their deadline to respond to Defendant Bank of America's #16 motion to transfer venue, the Court partially grants the motion as follows: The Plaintiffs will respond to the #16 motion to transfer venue no later than December 14, 2022. The Court will not consider further motions for extensions of that deadline unless jointly moved for by the parties or unopposed by Defendant Bank of America. Signed by Judge Robert N. Scola, Jr. (eau)
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| Set/Reset Deadlines/Hearings as to #16 MOTION to Change Venue . Per DE 23 Order. Responses due by 12/14/2022 (ebz) |
| Filing 22 RESPONSE in Opposition re #13 MOTION to Remand to State Court filed by Bank of America, N.A.. Replies due by 12/8/2022. (Schaeffer, Reid) |
| Filing 21 RESPONSE to #19 EXPEDITED MOTION for Extension of Time to Respond re #16 MOTION to Change Venue by Bank of America, N.A.. (Schaeffer, Reid) |
| Set/Reset Deadlines/Hearings as to #19 EXPEDITED MOTION for Extension of Time to Respond re #16 MOTION to Change Venue . Per DE 20 Order. Responses due by 12/1/2022 (ebz) |
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Filing 20
PAPERLESS ORDER: The Court instructs the Defendant to respond to the Plaintiffs' motion #19 no later than December 1, 2022. In light of the Plaintiffs' request for a ruling by December 2, 2022, no reply will be allowed. Signed by Judge Robert N. Scola, Jr. (eau)
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| Filing 19 EXPEDITED MOTION for Extension of Time to Respond re #16 MOTION to Change Venue by Alfredo Villoldo, Gustavo E. Villoldo. (Kavanaugh, Samantha) |
| Filing 18 AFFIDAVIT Declaration in Support of Motion to Transfer signed by: Angela Dashnaw re #16 MOTION to Change Venue by Bank of America, N.A. (Schaeffer, Reid) |
| Filing 17 AFFIDAVIT Declaration in Support of Motion to Transfer signed by: Craig T. Cagney re #16 MOTION to Change Venue by Bank of America, N.A. (Schaeffer, Reid) |
| Filing 16 MOTION to Change Venue by Bank of America, N.A.. Responses due by 12/7/2022 (Schaeffer, Reid) |
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Filing 15
PAPERLESS ORDER: By agreement of the parties, the Court grants the #14 motion for a stay of these proceedings as to all matters except for issues concerning venue. Although the latter is not stayed by this Order, the Court remarks that the interests of judicial economy favor it considering the matters raised in the motion for remand before considering any motion on venue because the motion for remand raises issues going directly to the subject-matter jurisdiction of federal courts. Signed by Judge Robert N. Scola, Jr. (eau)
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| Filing 14 EXPEDITED MOTION To Stay Proceedings Pending Disposition of Petitioners' Motion to Remand by Alfredo Villoldo, Gustavo E. Villoldo. (Kavanaugh, Samantha) |
| Filing 13 MOTION to Remand to State Court by Alfredo Villoldo, Gustavo E. Villoldo. (Attachments: #1 Exhibit A-State Court Action September 27, 2022 Order)(Kavanaugh, Samantha) |
| Filing 12 NOTICE of Filing Affidavit Supporting by Bank of America, N.A. re #10 Response/Reply (Other) (Attachments: #1 Exhibit A) (Schaeffer, Reid) Modified Text on 11/2/2022 (ls). |
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Filing 11
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 10/31/2022. See attached document for full details. (fbn)
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| Filing 10 RESPONSE to Notice to Appear by Bank of America, N.A.. (Schaeffer, Reid) |
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Filing 9
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 10/28/2022. See attached document for full details. (ebz)
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Filing 8
PAPERLESS ORDER: The Motions to Appear Pro Hac Vice #3 #5 are GRANTED. Attorneys Michael S. Flynn and Craig T. Cagney may appear and participate in this action on behalf of Bank of America, N.A. The Clerk shall provide electronic notification of all electronic filings at the e-mail addresses indicated in their respective motions. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 7
ORDER OF RECUSAL. Judge Kathleen M. Williams recused. Case reassigned to Judge Robert N. Scola, Jr and Magistrate Judge Jonathan Goodman for all further proceedings. Signed by Judge Kathleen M. Williams on 10/27/2022. See attached document for full details. (bms)
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| Filing 6 Corporate Disclosure Statement by Bank of America, N.A. (Schaeffer, Reid) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Craig T. Cagney. Filing Fee $ 200.00 Receipt # AFLSDC-16057518 by Bank of America, N.A.. Responses due by 11/10/2022 (Attachments: #1 Exhibit Consent, #2 Text of Proposed Order Proposed Order)(Schaeffer, Reid) |
| Filing 4 Bar Letter re: Admissions sent to attorney Craig T. Cagney and Charles B. Rosenberg, mailing date October 27, 2022, (pt) |
| Filing 3 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael S. Flynn. Filing Fee $ 200.00 Receipt # AFLSDC-16057195 by Bank of America, N.A.. Responses due by 11/10/2022 (Attachments: #1 Exhibit Consent, #2 Text of Proposed Order Proposed Order)(Schaeffer, Reid) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. 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. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16055898, filed by Bank of America, N.A. No Answer/ Motion to Dismiss Filed (Attachments: #1 Civil Cover Sheet, #2 Exhibit A- CORRECTED SECOND AMENDED FINAL JUDGMENT, #3 Exhibit B- State Court Documents, #4 Exhibit C)(Schaeffer, Reid) Modified text & attachment description on 10/27/2022 (rbe). Modified on 10/27/2022 (rbe). |
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