Wells et al v. U. S. Bank N.A. et al
| Mack Wells and Maurice Symonette |
| Eduardo Sanchez, Mary Ann Casale, Jonathan Bailyn, U. S. Bank N.A., Jose E. Martinez, Judge Vivianne Del Rio, Juan Fernandez-Barquin and Judge Spencer Eig |
| 1:2024cv23015 |
| August 8, 2024 |
| U.S. District Court for the Southern District of Florida |
| Sheri Chappell |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on October 4, 2024. A more recent docket listing may be available from PACER.
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Filing 26
OPINION AND ORDER. Granting #4 Defendant's Motion to Dismiss; Granting #7 Defendant's Motion to Dismiss. Plaintiffs' Complaint is DISMISSED with prejudice. The Clerk is DIRECTED to deny all pending motions as moot, terminate any deadlines, and close the case. Signed by Judge Sheri Chappell on 10/4/2024. See attached document for full details. (mno)
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Filing 25
OPINION AND ORDER, Denying as Moot #11 Motion to Change Venue; Denying as Moot #15 Motion to Change Venue; Denying as Moot #21 Motion to Change Venue. Signed by Judge Sheri Chappell on 9/25/2024. See attached document for full details. (mno)
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Filing 24
CLERK'S NOTICE OF REASSIGNMENT pursuant to 11th Circuit Letter to Clerk re: Appointment (attached hereto); in case Wells et al v. U.S. Bank N.A., et al. Case reassigned to District Judge Sheri P. Chappell of the Middle District of Florida for all further proceedings. (vjk)
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Filing 23
ORDER RECUSING JUDGE AND REASSIGNING CASE. Judge Kathleen M. Williams recused. Case reassigned to Judge Sheri Chappell for all further proceedings. Signed by Judge Kathleen M. Williams on 8/23/2024. See attached document for full details. (vjk)
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Filing 22
RESPONSE in Opposition re #21 MOTION to Change Venue Joint filed by Jonathan Bailyn, Mary Ann Casale, Vivianne Del Rio, Spencer Eig, Juan Fernandez-Barquin, Jose E. Martinez, Eduardo Sanchez, U. S. Bank N.A.. Attorney Eve Alexis Cann added to party Jonathan Bailyn(pty:dft), Attorney Eve Alexis Cann added to party Mary Ann Casale(pty:dft), Attorney Eve Alexis Cann added to party Vivianne Del Rio(pty:dft), Attorney Eve Alexis Cann added to party Spencer Eig(pty:dft), Attorney Eve Alexis Cann added to party Juan Fernandez-Barquin(pty:dft), Attorney Eve Alexis Cann added to party Jose E. Martinez(pty:dft), Attorney Eve Alexis Cann added to party Eduardo Sanchez(pty:dft). Replies due by 9/30/2024. (Cann, Eve)
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Filing 21
Corrected Motion for Change of Venue of our Writ of Replevin from Dade County Courts and Dade County Federal Southern District Court to Pinellas County Court Florida Stat.Ch.78.01 & 28 U.S.C. 1391 Venue and 1404(a)f Title 28 Rule 64 of the Federal Rules of Civil Procedure by Maurice Symonette, Mack Wells. Responses due by 9/20/2024. (Attachments: #1 Exhibits)(wce)
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Filing 20
Defendant's NOTICE DEFENDANT MIAMI-DADE COUNTY CLERK OF COURT AND COMPTROLLER'S NOTICE OF JOINDER TO CO-DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR CHANGE OF VENUE by Juan Fernandez-Barquin re #18 Response in Opposition to Motion, #14 Response in Opposition to Motion (Casal, Jose)
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Filing 19
Defendant's NOTICE DEFENDANT MIAMI-DADE COUNTY CLERK OF COURT AND COMPTROLLER'S NOTICE OF JOINDER TO CO-DEFENDANTS' MOTION TO DISMISS by Juan Fernandez-Barquin re #7 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit DE 44, Case No.23-cv-22640 - Reply in Support of Clerk's Motion to Dismiss Pls' Amended Complaint) (Casal, Jose)
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Filing 18
RESPONSE in Opposition re #15 MOTION to Change Venue, #11 MOTION to Change Venue , #12 Notice of Filing Motion to Change Venue filed by U. S. Bank N.A.. Replies due by 9/6/2024. (Cann, Eve)
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Filing 17
NOTICE of Attorney Appearance by Isabelle Marie Carbajales on behalf of Juan Fernandez-Barquin. Attorney Isabelle Marie Carbajales added to party Juan Fernandez-Barquin(pty:dft). (Carbajales, Isabelle)
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Filing 16
NOTICE of Attorney Appearance by Jose Angel Casal on behalf of Juan Fernandez-Barquin. Attorney Jose Angel Casal added to party Juan Fernandez-Barquin(pty:dft). (Casal, Jose)
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Filing 15
MOTION for Change of Venue of our Writ of Replevin from Dade County Courts and Dade County Federal Southern District Court to Pinellas County Court Florida Stat.Ch.78.01 & 28 U.S.C. 1391 Venue and 1404(a)f Title 28 Rule 64 of the Federal Rules of Civil Procedure by Maurice Symonette, and Mack Wells. Responses due by 9/10/2024. (wce)
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Filing 14
RESPONSE in Opposition re #11 MOTION to Change Venue filed by Jonathan Bailyn, Mary Ann Casale, Jose E. Martinez, Eduardo Sanchez. Replies due by 9/3/2024. (Davidson, H.)
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Filing 13
NOTICE of Filing Amended Because of Newly Found Evidence Writ of Replevin/Order to Show Cause for Fraud upon the Court by the Judge and Clerk of Court by Maurice Symonette, and Mack Wells. (wce)
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Filing 12
NOTICE of Filing #11 MOTION to Change Venue by Maurice Symonette, and Mack Wells. (wce)
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Filing 11
MOTION for Change of Venue of our Writ of Replevin from Dade County Courts and Dade County Federal Southern District Court to Pinellas County Court Florida Stat.Ch.78.01 & 28 U.S.C. 1391 Venue and 1404(a)f Title 28 Rule 64 of the Federal Rules of Civil Procedure by Maurice Symonette, and Mack Wells. Responses due by 9/6/2024. (wce)
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Filing 10
Defendant's NOTICE of Joinder to Co-Defendants' Motions to Dismiss by U. S. Bank N.A. re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #7 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Cann, Eve)
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Filing 9
NOTICE of Attorney Appearance by Spencer Devin Leach on behalf of U. S. Bank N.A.. Attorney Spencer Devin Leach added to party U. S. Bank N.A.(pty:dft). (Leach, Spencer)
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Filing 8
NOTICE of Attorney Appearance by Eve Alexis Cann on behalf of U. S. Bank N.A.. Attorney Eve Alexis Cann added to party U. S. Bank N.A.(pty:dft). (Cann, Eve)
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Filing 7
Defendant's MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Jonathan Bailyn, Mary Ann Casale, Jose E. Martinez, Eduardo Sanchez. Responses due by 8/29/2024. (Davidson, H.)
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Filing 6
NOTICE of Compliance with 28 U.S.C. 1446(d) by Jonathan Bailyn, Mary Ann Casale, Jose E. Martinez, Eduardo Sanchez (Attachments: #1 Exhibit Notice to State Court Removal) (Davidson, H.)
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Filing 5
ORDER OF RECUSAL. Judge Rodolfo A. Ruiz, II recused. Case reassigned to Judge Kathleen M. Williams for all further proceedings. Signed by Judge Rodolfo A. Ruiz, II on 8/13/2024. See attached document for full details. (vjk)
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Filing 4
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Spencer Eig, Vivianne Del Rio. Attorney Christopher Michael Sutter added to party Spencer Eig(pty:dft), Attorney Christopher Michael Sutter added to party Vivianne Del Rio(pty:dft). Responses due by 8/28/2024. (Sutter, Christopher)
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Filing 3
ORDER OF RECUSAL. Judge Darrin P. Gayles recused. Case reassigned to Judge Rodolfo A. Ruiz, II for all further proceedings. Signed by Judge Darrin P. Gayles on 8/13/2024. See attached document for full details. (vjk)
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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 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. (ar24)
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Filing 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Writ of Replevin/Order to Show Cause for Fraud Upon the Court by the Judge and Clerk of the Court) Filing fee $405.00. USA Filer - No Filing Fee Required, filed by Mary Ann Casale, Jose E. Martinez, U. S. Bank N.A., Jonathan Bailyn, Eduardo Sanchez. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet, #3 Exhibit 1 State Court Complaint)(Davidson, H.) No Answer / Motion to Dismiss filed. Modified on 8/8/2024 (ar24).
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