Horta Suarez v. Wells Fargo Bank, N.A.
Plaintiff: Joel A. Horta Suarez
Defendant: Wells Fargo Bank, N.A.
Case Number: 1:2022cv24211
Filed: December 27, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. § 1441 Notice of Removal-Breach of Contract
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2023 Opinion or Order Filing 42 PAPERLESS ORDER denying #41 Motion for Reconsideration re #41 MOTION for Reconsideration re #34 Order on Motion for Rule 60, Order on Motion to Set Aside, filed by Joel A. Horta Suarez. Plaintiff is reminded his response to the Motion to Dismiss the Amended Complaint [ECF No. 40] is due March 8, 2023. Signed by Chief Judge Cecilia M. Altonaga (CMA)
February 22, 2023 Filing 40 MOTION to Dismiss with Prejudice #35 Amended Complaint/Amended Notice of Removal by Wells Fargo Bank, N.A.. Responses due by 3/8/2023 (McNamara, Megan)
February 21, 2023 Filing 41 MOTION "Expedited" for Relief from and Reconsideeration from Dismissal of Complaint: re #34 Order on Motion for Rule 60, Order on Motion to Set Aside, by Joel A. Horta Suarez. (pc)
February 10, 2023 Opinion or Order Filing 39 PAPERLESS ORDER denying #36 untimely Motion to Remand. See 28 U.S.C. section 1447(c). Signed by Chief Judge Cecilia M. Altonaga (CMA)
February 10, 2023 Opinion or Order Filing 38 PAPERLESS ORDER denying #37 Motion for Hearing. Signed by Chief Judge Cecilia M. Altonaga (CMA)
February 10, 2023 Filing 37 MOTION for Separate Trials on Claims for Demand for Payment of Instrument and Claims under 15 US Code for Actions in Restraint of Trade, Denial of Services, and Commercial Discrimination by Joel A. Horta Suarez. (pc)
February 10, 2023 Filing 36 MOTION to Remand Separate Claim of Demand for Payment of Instrument Under FL Stat. 68.065 Actions to collect worthless payment instruments; attorney fees and collection costs; to FL State Court for the Eleventh Judicial Circuit. Pursuant to 28 U.S. Code 1441-Removal of civil actions by Joel A. Horta Suarez. (pc)
February 10, 2023 Filing 35 AMENDED COMPLAINT (NOTICE OF REMOVAL) against Wells Fargo Bank, N.A. filed in response to Order Granting Motion for Leave, filed by Joel A. Horta Suarez. (Attachments: #1 Exhibit)(pc)
January 30, 2023 Opinion or Order Filing 34 ORDER re #30 Motion to Set Aside and Object to Defendant's Motion to Dismiss #32 Motion to Set Aside; Defendant's Motion [ECF No. #19 ] is GRANTED. The Complaint is DISMISSED without prejudice. Plaintiff file a new complaint by February 13, 2023 that cures the deficiencies noted and is not a shotgun pleading, the Court will reopen the case. Signed by Chief Judge Cecilia M. Altonaga on 1/30/2023. See attached document for full details. (ps1)
January 27, 2023 Filing 33 NOTICE of Filing Affidavit of Proof Plaintiff's Compliance and Timely Filing Response re: DE #19 Motion to Dismiss, DE #30 Motion "Expedited" set Aside, DE 31 Objection to Defendant Wells Fargo Bank N.A.'s Motion to Dismiss, by Joel A. Horta Suarez. (pc) Modified added linkage and text on 1/31/2023 (pc).
January 27, 2023 Filing 32 MOTION to Set Aside and Object Judge and Court Order to Dismiss Complaint: #29 Order Dismissing/Closing Case by Joel A. Horta Suarez. (pc) Modified text on 1/27/2023 (pc).
January 25, 2023 Opinion or Order Filing 29 ORDER Granting #19 Motion to dismiss. The Complaint is dismissed without prejudice. Closing Case. Signed by Chief Judge Cecilia M. Altonaga on 1/25/2023. See attached document for full details. (ps1)
January 24, 2023 Filing 31 Objection to Defendant Wells Fargo Bank N.A.'s Motion to Dismiss Complaint: re #19 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), filed by Joel A. Horta Suarez. (See DE #30 for image.) Replies due by 1/31/2023. (pc)
January 24, 2023 Filing 30 MOTION "EXPEDITED" SET ASIDE re: DE #19 Defendant's MOTION to Dismiss the State Court Complaint by Joel A. Horta Suarez. Responses due by 2/7/2023 (pc)
January 20, 2023 Opinion or Order Filing 28 ORDER re #27 Response; Plaintiff has until 1/24/2023 to file a response to #19 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint) filed by Wells Fargo Bank, N.A. Signed by Chief Judge Cecilia M. Altonaga on 1/20/2023. See attached document for full details. (ps1)
January 20, 2023 Set/Reset Deadlines/Hearings as to #19 Motion to Dismiss; Responses due by 1/24/2023. (ps1)
January 19, 2023 Filing 27 RESPONSE TO ORDER TO SHOW CAUSE re #23 Order on Motion to Dismiss, by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit Ex 1 - National Banks Listing, #2 Exhibit Ex 2 - Website)(McNamara, Megan)
January 18, 2023 Opinion or Order Filing 26 ORDER directing the Clerk to UNSEAL the #24 Notice of Related Pending Litigation, Under Seal. Signed by Chief Judge Cecilia M. Altonaga on 1/18/2023. See attached document for full details. (ps1)
January 17, 2023 Filing 25 Corporate Disclosure Statement by Joel A. Horta Suarez identifying Other Affiliate Eudaimonia Capital for Joel A. Horta Suarez. (kpe)
January 17, 2023 Filing 24 NOTICE of Related Pending Litigation, Under Seal by Joel A. Horta Suarez. (kpe) Modified to Unseal per DE #26 on 1/18/2023 (pes).
January 17, 2023 Opinion or Order Filing 23 ORDER denying #19 Motion to Dismiss. Defendant has until January 19, 2023 to show cause why the case should not be remanded for lack of subject matter jurisdiction. Signed by Chief Judge Cecilia M. Altonaga on 1/17/2023. See attached document for full details. (ps1)
January 13, 2023 Opinion or Order Filing 22 ORDER denying #21 Motion Expedited Objection to Part of Defendant Wells Fargo Bank Motion to be Excused from the Requirements of the Courts Order Requiring Scheduling Report and Certificates of Interested Parties, filed by Joel A. Horta Suarez. Plaintiff is reminded he must comply with the requirements of the Court's Order requiring certificates of interested parties [ECF No. #6 ] no later than January 18, 2023, and his response to Defendant's Motion to Dismiss Complaint [ECF No. #19 ] must be filed no later than January 24, 2023. Signed by Chief Judge Cecilia M. Altonaga on 1/12/2023. See attached document for full details. (ps1)
January 12, 2023 Filing 21 Expedited Objection to Part of Defendant's re #16 MOTION to be Excused from the Requirements of the Courts Order Requiring Scheduling Report and Certificates of Interested Parties, Fed. R. Civ. P. 16 and 26, and S.D. Fla. L.R. 16.1 and 26.1 filed by Joel A. Horta Suarez. Replies due by 1/19/2023. (drz)
January 12, 2023 Opinion or Order Filing 20 ORDER granting in part #16 Motion to be Excused from the Requirements of the Courts Order Requiring Scheduling Report and Certificates of Interested Parties. The parties are excused from preparing and submitting a joint scheduling report until the resolution of Defendants Motion to Dismiss. Plaintiff shall comply with the requirements of the Court's Order requiring certificates of interested parties by January 18, 2023. Plaintiff is reminded that a response to Defendant's Motion to Dismiss Complaint [ECF No. #19 ] must be filed no later than January 24, 2023. Signed by Chief Judge Cecilia M. Altonaga on 1/12/2023. See attached document for full details. (ps1)
January 10, 2023 Filing 19 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),,,, by Wells Fargo Bank, N.A.. Responses due by 1/24/2023 (McNamara, Megan)
January 9, 2023 Filing 18 STATUS REPORT by Wells Fargo Bank, N.A. (McNamara, Megan)
January 9, 2023 Filing 17 NOTICE by Wells Fargo Bank, N.A. of Filing Copies of State Court Docket Entries (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50) (McNamara, Megan)
January 9, 2023 Filing 16 MOTION to be Excused from the Requirements of the Courts Order Requiring Scheduling Report and Certificates of Interested Parties, Fed. R. Civ. P. 16 and 26, and S.D. Fla. L.R. 16.1 and 26.1 by Wells Fargo Bank, N.A.. (Attachments: #1 Text of Proposed Order)(McNamara, Megan)
January 6, 2023 Filing 15 "Expedited Motion" In Objection to Defendant Wells Fargo Bank N.A.'s Motion for Extension of Time to Respond to Plaintiff's Complaint. re #11 Defendant's MOTION for Extension of Time to File Response/Reply/Answer filed by Joel A. Horta Suarez. Replies due by 1/13/2023. (pc)
January 6, 2023 Opinion or Order Filing 14 ORDER denying #13 Motion "Expedited" Motion for Summary Affirmance, Clarification and Advice. Signed by Chief Judge Cecilia M. Altonaga on 1/6/2023. See attached document for full details. (ps1)
January 5, 2023 Filing 13 "EXPEDITED MOTION" for Summary Affirmance, Clarification and Advice regarding Removal Proceedings Validity and Effect on the Action under US and Florida Rules of Procedure and Statutes: re #1 Notice of Removal (State Court Complaint), by Joel A. Horta Suarez. (pc) (Additional attachment(s) added on 1/5/2023: #1 Exhibit) (pc).
January 5, 2023 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time to File Response/Answer to a Complaint; Wells Fargo Bank, N.A.. Response/Answer due 1/10/2023. Signed by Chief Judge Cecilia M. Altonaga on 1/5/2023. See attached document for full details. (ps1)
January 3, 2023 Filing 11 Defendant's MOTION for Extension of Time to File Response/Reply/Answer by Wells Fargo Bank, N.A.. (Attachments: #1 Text of Proposed Order)(McNamara, Megan)
December 29, 2022 Filing 10 NOTICE of Compliance by Wells Fargo Bank, N.A. (McNamara, Megan)
December 29, 2022 Filing 9 Amended Certificate of Other Affiliates/Corporate Disclosure Statement by Wells Fargo Bank, N.A. identifying Other Affiliate Wells Fargo & Company for Wells Fargo Bank, N.A. (McNamara, Megan)
December 28, 2022 Filing 8 NOTICE by Wells Fargo Bank, N.A. re 3 Clerk's Notice to Filer re: Electronic Case of Filing Civil Cover Sheet (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (McNamara, Megan)
December 28, 2022 Filing 7 Defendant's Corporate Disclosure Statement by Wells Fargo Bank, N.A. identifying Other Affiliate Wells Fargo & Company for Wells Fargo Bank, N.A. (McNamara, Megan)
December 28, 2022 Opinion or Order Filing 6 Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 1/9/2023. Signed by Chief Judge Cecilia M. Altonaga on 12/28/2022. See attached document for full details. (ps1)
December 28, 2022 Opinion or Order Filing 5 ORDER Requiring a Removal Status Report by 1/9/2023. Signed by Chief Judge Cecilia M. Altonaga on 12/28/2022. See attached document for full details. (ps1)
December 28, 2022 Opinion or Order Filing 4 ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT. Signed by Chief Judge Cecilia M. Altonaga on 12/28/2022. See attached document for full details. (ps1)
December 27, 2022 Filing 3 Clerk's 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. (pc)
December 27, 2022 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 Melissa Damian 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. (pc)
December 27, 2022 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Joel A. Hortez v. Wells Fargo Bank, National Association (Wells Fargo Bank, N.A.)) Filing fee $ 402.00 receipt number AFLSDC-16199268, filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48)(McNamara, Megan)(Complaint see Exh.1, No Answer/Motion to Dismiss Filed) Modified text on 12/28/2022 (pc).

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Plaintiff: Joel A. Horta Suarez
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Defendant: Wells Fargo Bank, N.A.
Represented By: Megan Anne McNamara
Represented By: Amy S. Rubin
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