Rooney v. Bank of America, N.A.
Plaintiff: Michael P. Rooney
Defendant: Bank of America, N.A.
Case Number: 1:2023cv24169
Filed: November 1, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Truth in Lending
Cause of Action: 28 U.S.C. ยง 2201 Declaratory Judgment
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 27, 2023 Opinion or Order Filing 17 PAPERLESS ORDER granting #14 Defendant Bank of America, N.A.'s Motion to Dismiss Amended Complaint. Plaintiff failed to timely respond to the Motion, and Plaintiff's attempt to file a second amended complaint is improper because Plaintiff did not seek leave of the Court or opposing counsels' consent. See Fed. R. Civ. P. 15(a). Therefore, the Motion is granted and Plaintiff's Amended Complaint #7 shall be dismissed without prejudice. The Clerk of Court shall ADMINISTRATIVELY CLOSE this case. Signed by Judge Darrin P. Gayles on 12/27/2023. (nce)
December 12, 2023 Filing 16 SECOND AMENDED COMPLAINT against Bank of America, N.A., filed by Michael P. Rooney.(nwn)
November 28, 2023 Opinion or Order Filing 15 PAPERLESS ORDER granting #11 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. Defendant shall file its Answer or other responsive pleading on or before December 27, 2023. Signed by Judge Darrin P. Gayles on 11/28/2023. (nce)
November 28, 2023 Filing 14 MOTION TO DISMISS #7 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Bank of America, N.A.. Responses due by 12/12/2023 (Bowyer, Jason)
November 27, 2023 Filing 13 NOTICE of Compliance by Bank of America, N.A. re #11 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint filed by Bank of America, N.A. (Cuffe, Edward)
November 21, 2023 Filing 12 Consent by Pro Se Litigant (Non-Prisoner) Michael P. Rooney to receive Notices of Electronic Filing at email address: MICHAEL@THEROONEYCO.COM (nwn)
November 21, 2023 Filing 11 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Bank of America, N.A.. (Attachments: #1 Text of Proposed Order)(Bowyer, Jason)
November 21, 2023 Filing 10 NOTICE of Attorney Appearance by Jason Richard Bowyer on behalf of Bank of America, N.A.. Attorney Jason Richard Bowyer added to party Bank of America, N.A.(pty:dft). (Bowyer, Jason)
November 21, 2023 Filing 9 NOTICE of Attorney Appearance by Edward Paul Cuffe on behalf of Bank of America, N.A.. Attorney Edward Paul Cuffe added to party Bank of America, N.A.(pty:dft). (Cuffe, Edward)
November 15, 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 Michael P. Rooney. Bank of America, N.A. served on 11/3/2023, response/answer due 11/27/2023. (nwn)
November 7, 2023 Filing 7 AMENDED COMPLAINT FOR DECLARATORY JUDGMENT against Bank of America, N.A., filed by Michael P. Rooney.(nwn)
November 7, 2023 Filing 6 ACKNOWLEDGMENT OF SERVICE as to #4 Summons Issued filed by Michael P. Rooney. (nwn)
November 2, 2023 Filing 5 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 11/2/2023. (nce)
November 1, 2023 Filing 4 Summons Issued as to Bank of America, N.A.. (ebz)
November 1, 2023 Filing 3 Clerks Notice of Receipt of Filing Fee received on 11/1/2023 in the amount of $ 402.00, receipt number 17557 (ebz)
November 1, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (ebz)
November 1, 2023 Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT against Bank of America, N.A.. Filing fees $ 402.00 PAID Receipt#: 17557, filed by Michael P. Rooney. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Summon(s))(ebz)

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Plaintiff: Michael P. Rooney
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Defendant: Bank of America, N.A.
Represented By: Jason Richard Bowyer
Represented By: Edward Paul Cuffe
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