Citibank, N.A. et al v. Fernandez
Plaintiff: Citibank, N.A.
Respondent: Gabriel Manuel Fernandez
Claimant: Sucursal de Citibank N.A.
Case Number: 1:2023cv20999
Filed: March 14, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Jonathan Goodman
Referring Judge: Robert N Scola
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09 U.S.C. ยง 0001 U.S. Arbitration Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 10, 2023 Filing 18 MOTION TO DISMISS #14 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Gabriel Manuel Fernandez. Responses due by 5/24/2023 (Kelsky, Brad)
May 2, 2023 Filing 17 MOTION for Preliminary Injunction & for an Anti-Suit Injunction and, MOTION to Compel Arbitration ( Responses due by 5/16/2023) by Citibank, N.A., Sucursal de Citibank N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Stabile, Daniel)
April 26, 2023 Opinion or Order Filing 16 PAPERLESS ORDER: denying as moot the Defendant's motion to dismiss. #11 . The Plaintiff's amended complaint moots the motion to dismiss the prior pleading. See Taylor v. Alabama, 275 F. App'x 836, 838 (11th Cir. 2008) (noting that when the plaintiffs amended their complaint the defendants' motion to dismiss became moot). Signed by Judge Robert N. Scola, Jr. (cst)
April 26, 2023 Filing 15 NOTICE OF WITHDRAWAL OF MOTION by Citibank, N.A., Sucursal de Citibank N.A. re #9 MOTION to Compel Anti-Suit Injunction and to Compel Arbitration, and MOTION for Preliminary Injunction filed by Citibank, N.A. (Stabile, Daniel)
April 26, 2023 Filing 14 AMENDED COMPLAINT AND PETITION against Gabriel Manuel Fernandez, filed by Citibank, N.A., Sucursal de Citibank N.A.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Stabile, Daniel)
April 13, 2023 Opinion or Order Filing 13 PAPERLESS ORDER: granting the Defendant's unopposed motion for extension of time to respond to the Plaintiffs' motion for anti-suit injunction and to compel arbitration. #12 . The Defendant shall respond to the motion no later than April 28, 2023. Signed by Judge Robert N. Scola, Jr. (cst)
April 13, 2023 Reset Deadlines Per DE#13. Responses due by 4/28/2023 (cqs)
April 12, 2023 Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Gabriel Manuel Fernandez. (Attachments: #1 Text of Proposed Order)(Kelsky, Brad)
April 10, 2023 Filing 11 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Gabriel Manuel Fernandez. Responses due by 4/24/2023 (Kelsky, Brad)
April 10, 2023 Filing 10 NOTICE of Attorney Appearance by Brad Elliott Kelsky on behalf of Gabriel Manuel Fernandez. Attorney Brad Elliott Kelsky added to party Gabriel Manuel Fernandez(pty:dft). (Kelsky, Brad)
March 31, 2023 Filing 9 (WITHDRAWN PER DE#14) MOTION to Compel Anti-Suit Injunction and to Compel Arbitration, and ( Responses due by 4/14/2023), MOTION for Preliminary Injunction by Citibank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Stabile, Daniel)Text Modified on 4/26/2023 (cqs).
March 21, 2023 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Citibank, N.A., Sucursal de Citibank N.A.. All Plaintiffs. (Membiela, Gustavo)
March 17, 2023 Opinion or Order Filing 7 MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 3/17/2023. See attached document for full details. (fbn)
March 16, 2023 Filing 6 Summons Issued as to Gabriel Manuel Fernandez. (cqs)
March 15, 2023 Filing 5 NOTICE of Filing Proposed Summons(es) by Citibank, N.A., Sucursal de Citibank N.A. re #1 Complaint, filed by Citibank, N.A., Sucursal de Citibank N.A. (Stabile, Daniel)
March 15, 2023 Filing 4 NOTICE of Change of Address, Email or Law Firm Name by Daniel Tramel Stabile (Stabile, Daniel)
March 15, 2023 Opinion or Order Filing 3 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 3/15/2023. See attached document for full details. (cqs)
March 14, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (nwn)
March 14, 2023 Filing 1 COMPLAINT and Petition against Gabriel Manuel Fernandez. Filing fees $ 402.00 receipt number AFLSDC-16428444, filed by Citibank, N.A., Sucursal de Citibank N.A.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Membiela, Gustavo)

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Respondent: Gabriel Manuel Fernandez
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Plaintiff: Citibank, N.A.
Represented By: Gustavo Javier Membiela
Represented By: Daniel Tramel Stabile
Represented By: Gabriela Ana Plasencia
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Claimant: Sucursal de Citibank N.A.
Represented By: Gustavo Javier Membiela
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