Yaques et al v. Lin et al
| Lisette Yaques and Jose Victorero |
| Zhenzhen Lin, Unknown Co-Conspirators, Bank of America, NA,, JPmorgan Chase Bank NA and Best Buy Co. Inc doing business as Geek Squad |
| 1:2023cv23963 |
| October 17, 2023 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 40 RESPONSE to #29 Joint MOTION to Dismiss with Prejudice #1 Complaint, by Jose Victorero, Lisette Yaques. (Minnix, William) |
Filing 39
ORDER on Default Final Judgment Procedure: Plaintiff's Motion for Default Final Judgment or Notice of Joint Liability due 12/29/2023. Signed by Judge Roy K. Altman on 12/15/2023. See attached document for full details. (ls)
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| Filing 38 Clerk's Entry of Default as to Zhenzhen Lin - Motions Terminated: #37 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 12/15/2023. (ls) |
| Filing 37 MOTION for Clerk's Entry of Default pursuant to Fed.R.Civ.P. 55 as to Zhenzhen Lin by Lisette Yaques, Jose Victorero. (Attachments: #1 Exhibit, #2 Exhibit)(Minnix, William) |
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Filing 36
Order re #35 Notice of Voluntary Dismissal; Dismissing Action without prejudice as to Defendant Best Buy Co. Inc., only. Signed by Judge Roy K. Altman on 12/13/2023. See attached document for full details. (ls)
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| Filing 35 NOTICE of Voluntary Dismissal without Prejudice as to Defendant Best Buy Co.Inc., d/b/a Geek Squad by Jose Victorero, Lisette Yaques (Minnix, William) |
| Filing 34 Clerk's Notice to Filer re #33 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event is Summons (Affidavit) Returned Executed. ; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must refile the document using the correct event. (ls) |
| Filing 33 NOTICE by Jose Victorero, Lisette Yaques of Proof of Serving Defendant ZhenZhen Lin (Minnix, William) |
| Filing 32 NOTICE of Attorney Appearance by William David Minnix on behalf of Jose Victorero, Lisette Yaques. Attorney William David Minnix added to party Jose Victorero (pty:pla), Attorney William David Minnix added to party Lisette Yaques (pty:pla). (Minnix, William) |
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Filing 31
PAPERLESS ORDER denying as moot the Defendant Best Buy's #30 Unopposed Motion for Extension of Time and vacating our 26 November 20, 2023, Paperless Order, which ordered the Defendants to respond to the #1 Complaint by December 1, 2023. Having reviewed the Docket, we see that the Plaintiff has struck his #9 Proof of Service as to Defendant Zhenzhen Lin. See #14 Notice of Striking. As we articulated in our #4 Order in Cases with Multiple Defendants, "[t]he time for responsive pleadings-for all Defendants-begins to run once all Defendants have either (1) been served or (2) waived service." Because the Defendant Zhenzhen Lin still has not been served, none of the Defendants are under any obligation to respond to the #1 Complaint. We therefore ORDER the Plaintiff to serve the Defendant Zhenzhen Lin by January 15, 2024. Once Defendant Zhenzhen Lin has been served, all the Defendants will have 21 days to respond to the #1 Complaint. And, as for the Defendants Bank of America, N.A. and JPMorgan Chase Bank, N.A.'s #29 Joint Motion to Dismiss Complaint, we will still treat that as an operative filing to which the Plaintiffs must respond by December 15, 2023. If, however, the Defendants Bank of America, N.A. and JP Morgan Chase, N.A. would like more time to refine that Motion to Dismiss, they may file a notice of striking. Signed by Judge Roy K. Altman on 12/4/2023. (tbr)
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| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Best Buy Co. Inc. Attorney Beth Hilary Storper Joseph added to party Best Buy Co. Inc(pty:dft). (Attachments: #1 Text of Proposed Order)(Storper Joseph, Beth) |
| Filing 29 Joint MOTION to Dismiss with Prejudice #1 Complaint, by Bank of America, NA,. Attorney Sahily Serradet added to party Bank of America, NA,(pty:dft). Responses due by 12/15/2023 (Serradet, Sahily) |
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Filing 28
PAPERLESS ORDER striking #27 the Plaintiffs' Notice of Unavailability. Notices of unavailability are not proper filings in federal court. If a conflict arises, counsel should confer with opposing counsel and file a motion for a continuance. See, e.g., Ibezim v. GEO Grp., Inc., 2019 WL 1566507, at *2 (S.D. Fla. Mar. 15, 2019) (Marra, J.) (recognizing that notices of unavailability "have no effect in federal court" (citing S.D. Fla. L.R. 7.1(b)(1))), aff'd, 786 F. App'x 975 (11th Cir. 2019). Also, we flag for counsel that he has identified himself in this notice as "Counsel for Defendant," but it appears he is actually counsel for the Plaintiff. Signed by Judge Roy K. Altman on 11/21/2023. (tbr)
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| Filing 27 "STRICKEN" Plaintiff's NOTICE by Jose Victorero, Lisette Yaques of Unavailability (Cooke, Robert) Modified on 11/21/2023 (ls). (per DE #28) |
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Filing 26
"VACATED" PAPERLESS ORDER granting the Defendants Bank of America, N.A. and JPMorgan Chase Bank, N.A.'s #25 Joint Motion for Extension of Time to File Joint Motion to Dismiss. All the Defendants will now have until December 1, 2023, to respond to the #1 Complaint. We also remind the Defendants to comply with our #4 Order in Cases with Multiple Defendants, which explains the mechanics of how multiple defendants must go about responding to a complaint. Signed by Judge Roy K. Altman on 11/20/2023. (tbr) Modified on 12/5/2023 (ls). (per DE #31)
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| Filing 25 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #4 Order, #1 Complaint, by JPmorgan Chase Bank NA. Attorney Antonio M Hernandez, Jr added to party JPmorgan Chase Bank NA(pty:dft). (Attachments: #1 Text of Proposed Order)(Hernandez, Antonio) |
| Filing 24 NOTICE of Attorney Appearance by Jose Antonio Ortiz on behalf of JPmorgan Chase Bank NA. Attorney Jose Antonio Ortiz added to party JPmorgan Chase Bank NA(pty:dft). (Ortiz, Jose) |
| Filing 23 NOTICE of Attorney Appearance by Marc Thomas Parrino on behalf of Bank of America, NA,. Attorney Marc Thomas Parrino added to party Bank of America, NA,(pty:dft). (Parrino, Marc) |
| Filing 22 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Lisette Yaques, Jose Victorero. (For Image See DE #19 ) (drz) |
| Filing 21 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Lisette Yaques, Jose Victorero. (For Image See DE #17 ) (drz) |
| Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Lisette Yaques, Jose Victorero. (For Image see de #15 ) (drz) |
| Filing 19 NOTICE by Jose Victorero, Lisette Yaques re #1 Complaint, (Attachments: #1 Summon(s) Proof of service) (Cooke, Robert) |
| Filing 18 NOTICE of Striking 13 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney, by Jose Victorero, Lisette Yaques (Cooke, Robert) |
| Filing 17 NOTICE by Jose Victorero, Lisette Yaques re #1 Complaint, (Attachments: #1 Summon(s) Proof of service) (Cooke, Robert) |
| Filing 16 NOTICE of Striking 13 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney, by Jose Victorero, Lisette Yaques (Cooke, Robert) |
| Filing 15 NOTICE by Jose Victorero, Lisette Yaques re #1 Complaint, (Attachments: #1 Summon(s) Proof of service) (Cooke, Robert) |
| Filing 14 NOTICE of Striking 10 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney, by Jose Victorero, Lisette Yaques (Cooke, Robert) |
| Filing 13 Clerk's Notice to Filer re #12 Summons Returned Executed, #11 Summons Returned Executed,. Document Not Captioned; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (ls) |
| Filing 12 Stricken per DE #18 -SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Lisette Yaques, Jose Victorero. Best Buy Co. Inc served on 10/25/2023, response/answer due 11/15/2023. (Cooke, Robert) Modified text on 11/2/2023 (drz). |
| Filing 11 Stricken per DE #16 -SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Lisette Yaques, Jose Victorero. Bank of America, NA, served on 10/26/2023, response/answer due 11/16/2023. (Cooke, Robert) Modified text on 11/2/2023 (drz). |
| Filing 10 Clerk's Notice to Filer re #9 Summons Returned Executed,. Document Not Captioned; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (ls) |
| Filing 9 Stricken per DE #14 -SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Lisette Yaques, Jose Victorero. Zhenzhen Lin served on 10/30/2023, response/answer due 11/20/2023. (Cooke, Robert) Modified text on 11/2/2023 (drz). |
| 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 Lisette Yaques, Jose Victorero. JPmorgan Chase Bank NA served on 10/23/2023, response/answer due 11/13/2023. (Cooke, Robert) |
| Filing 7 NOTICE of Striking #5 Summons Returned Executed, filed by Jose Victorero, Lisette Yaques by Jose Victorero, Lisette Yaques (Cooke, Robert) |
| Filing 6 Clerk's Notice to Filer re #5 Summons Returned Executed,. Incorrect Document Uploaded; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must file a Notice of Striking, then refile the correct copy of the document showing service for Best Buy Co., Inc.. (ls) |
| Filing 5 "STRICKEN" SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Lisette Yaques, Jose Victorero. Best Buy Co. Inc served on 10/23/2023, response/answer due 11/13/2023. (Cooke, Robert) Modified on 10/27/2023 (ls). (per DE #7 ) |
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Filing 4
ORDER IN CASES WITH MULTIPLE DEFENDANTS. Signed by Judge Roy K. Altman on 10/17/2023. See attached document for full details. (nan)
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| Filing 3 Summons Issued as to Best Buy Co. Inc, Zhenzhen Lin, JPmorgan Chase Bank NA, and Bank of America, NA. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. 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. (wce) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00. Pay.gov Agency Tracking ID FLSDC-16995816, payment transferred from : 1:23-cv-23952-XXXX, filed by LISETTE YAQUES, Jose Victorero. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s))(Cooke, Robert) |
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