Berry v. Third Federal Savings and Loan Association of Cleveland et al
| John Berry |
| WNC Insurance Services, Inc. and Third Federal Savings and Loan Association of Cleveland |
| 2:2014cv14390 |
| October 6, 2014 |
| US District Court for the Southern District of Florida |
| Ft Pierce Office |
| Martin |
| Frank J Lynch |
| Robert N Scola |
| Other Statutory Actions |
| 18 U.S.C. § 1961 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 6, 2016. A more recent docket listing may be available from PACER.
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| Filing 65 PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Final Approval Hearing held on 1/6/2016 re #59 Motion for Settlement and #61 Motion for Attorneys' Fees. Matter taken under advisement. APPEARANCES: Tyler S. Graden, Esquire for plaintiff. Richard E. Zelonka, Jr., Esquire for defendant. Court Reporter: Carly Horenkamp, 305-523-5147 / Carleen_Horenkamp@flsd.uscourts.gov (jh) |
| Filing 64 AFFIDAVIT signed by : Tyler S. Graden. re #61 Unopposed MOTION for Attorney Fees Unopposed MOTION for Reimbursement Of Expenses, And Approval Of Service Awards To Plaintiffs , #59 Unopposed MOTION for Settlement - Plaintiffs Unopposed Motion For Final Approval Of Class Action Settlement, Certification Of Settlement Class, And Appointment Of Class Representative - SUPPLEMENTAL DECLARATION OF TYLER S. GRADEN, by John Berry (Attachments: #1 Affidavit - Supplemental Declaration of Christina Peters-Stasiewicz)(Aronovitz, Tod) |
| Filing 63 AFFIDAVIT signed by : Tyler S. Graden. re #59 Unopposed MOTION for Settlement - Plaintiffs Unopposed Motion For Final Approval Of Class Action Settlement, Certification Of Settlement Class, And Appointment Of Class Representative, #61 Unopposed MOTION for Attorney Fees Unopposed MOTION for Reimbursement Of Expenses, And Approval Of Service Awards To Plaintiffs by John Berry (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Aronovitz, Tod) |
| Filing 62 MEMORANDUM in Support re #61 Unopposed MOTION for Attorney Fees Unopposed MOTION for Reimbursement Of Expenses, And Approval Of Service Awards To Plaintiffs by John Berry. (Aronovitz, Tod) |
| Filing 61 Unopposed MOTION for Attorney Fees ( Responses due by 12/14/2015), Unopposed MOTION for Reimbursement Of Expenses, And Approval Of Service Awards To Plaintiffs by John Berry. (Attachments: #1 Text of Proposed Order)(Aronovitz, Tod) |
| Filing 60 MEMORANDUM in Support re #59 Unopposed MOTION for Settlement - Plaintiffs Unopposed Motion For Final Approval Of Class Action Settlement, Certification Of Settlement Class, And Appointment Of Class Representative by John Berry. (Aronovitz, Tod) |
| Filing 59 Unopposed MOTION for Settlement - Plaintiffs Unopposed Motion For Final Approval Of Class Action Settlement, Certification Of Settlement Class, And Appointment Of Class Representative by John Berry. Responses due by 12/14/2015 (Attachments: #1 Text of Proposed Order)(Aronovitz, Tod) |
Filing 58
ORDER ON PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND CERTIFICATION OF SETTLEMENT CLASS; ( Final Approval Hearing - A hearing regarding final approval of theSettlement will be held at 8:30 a.m. on January 6, 2016 in Courtroom 12-3,before the Honorable Robert N. Scola, Jr..) Signed by Judge Robert N. Scola, Jr on 10/05/2015. (yar)
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| Filing 57 Notice of Supplemental Authority re #55 Memorandum, #54 Unopposed MOTION for Settlement - Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class by John Berry (Attachments: #1 Exhibit A) (Aronovitz, Tod) |
| Filing 56 NOTICE by John Berry re #55 Memorandum, #54 Unopposed MOTION for Settlement - Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class - Notice of Filing Declaration of Peter A. Muhic (Attachments: #1 Affidavit - Declaration of Peter A. Muhic) (Aronovitz, Tod) |
| Filing 55 MEMORANDUM of Law re #54 Unopposed MOTION for Settlement - Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class by John Berry. (Attachments: #1 Exhibit 1 - Settlement Agreement)(Aronovitz, Tod) |
| Filing 54 Unopposed MOTION for Settlement - Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class by John Berry. Responses due by 8/17/2015 (Attachments: #1 Text of Proposed Order)(Aronovitz, Tod) |
| Filing 53 STATUS REPORT (JOINT STATUS REPORT) by Third Federal Savings and Loan Association of Cleveland (Attachments: #1 Text of Proposed Order)(Linscott, Jerry) |
| Filing 52 STATUS REPORT - JOINT STATUS REPORT by John Berry (Attachments: #1 Text of Proposed Order)(Aronovitz, Tod) |
| Filing 51 STATUS REPORT - JOINT STATUS REPORT by John Berry (Attachments: #1 Text of Proposed Order)(Aronovitz, Tod) |
| Filing 50 STATUS REPORT Joint Status Report by John Berry (Aronovitz, Tod) |
| Filing 49 NOTICE of Settlement - Joint Status Report and Notice of Settlement by John Berry (Attachments: #1 Text of Proposed Order) (Aronovitz, Tod) |
| Filing 48 STATUS REPORT - Joint Status Report and Notice of Settlement by John Berry (Attachments: #1 Text of Proposed Order)(Aronovitz, Tod) |
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Filing 47
ORDER granting #46 Motion to Stay. Closing Case. Signed by Judge Robert N. Scola, Jr on 4/13/2015. (ar2) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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| Filing 46 Joint MOTION to Stay Proceedings to Allow for Mediation by John Berry. Responses due by 4/16/2015 (Attachments: #1 Text of Proposed Order)(Aronovitz, Tod) |
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Filing 45
ORDER TRANSFERRING CASE to Judge Robert N. Scola, Jr. for all further proceedings, accepted and signed on 3/2/2015. Judge Robin L. Rosenberg no longer assigned to case. Signed by Judge Robin L. Rosenberg on 3/2/2015. (ar2)
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Filing 44
ORDER granting #43 Motion to Transfer Similar Action. Signed by Judge Robin L. Rosenberg on 3/2/2015. (ar2)
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| Filing 43 Plaintiff's MOTION to Transfer Similar Action and Incorporated Memorandum of Law re #42 Notice (Other) by John Berry. (Attachments: #1 Exhibit A)(Aronovitz, Tod) |
| Filing 42 NOTICE by John Berry of Similar Action (Aronovitz, Tod) |
| Filing 41 NOTICE of Mediator Selection: Rodney Max selected.(Linscott, Jerry) |
| Filing 40 REPLY to Response to Motion re #16 MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM and Supporting Memorandum of Law filed by Third Federal Savings and Loan Association of Cleveland. (Linscott, Jerry) |
| Filing 39 REPLY to Response to Motion re #17 MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM filed by WNC Insurance Services, Inc.. (Zelonka, Richard) |
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Filing 38
PAPERLESS ORDER denying #33 Motion to Seal, denying #15 Motion to Seal, denying #18 Motion to Seal, and denying #30 Motion to Seal for failure to show sufficient cause why the public's common law right of access should not attach to the dispositive motions presently before the Court. See Romero v. Drummond Co., Inc., 480 F.3d 1234, 1245 (11th Cir. 2007). Signed by Judge Robin L. Rosenberg on 1/16/2015. (bkd)
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| Filing 37 Minute Entry for proceedings held before Magistrate Judge Frank J. Lynch, Jr: Scheduling Conference held on 1/7/2015. (Digital 143421.) (lh) |
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Filing 36
ORDER Setting Pre-trial Schedule: ( Discovery due by 8/21/2015., Expert Discovery due by 8/21/2015., Dispositive Motions due by 9/11/2015), and ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Frank J. Lynch, Jr on 1/7/2015. (ar2)
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| Filing 35 SCHEDULING REPORT - Rule 26(f) by John Berry (Attachments: #1 Text of Proposed Order Joint [Proposed] Scheduling Order)(Aronovitz, Tod) |
| SYSTEM ENTRY - Docket Entry 34 [misc] restricted/sealed until further notice. (nc) |
| SYSTEM ENTRY - Docket Entry 31 [misc] restricted/sealed until further notice. (nc) |
| Filing 33 UNOPPOSED MOTION for Leave to File Response In Opposition to Defendant Third Federal Savings and Loan Association of Cleveland's Motion to Dismiss Under Seal by John Berry (Attachments: #1 Text of Proposed Order)(nc) |
| Filing 32 NOTICE of Filing by John Berry (nc) |
| Filing 30 UNOPPOSED MOTION for Leave to File Response In Opposition to Defendant WNC Insurance Services, Inc., D/B/A WNC First Insurance Services' Motion to Dismiss Under Seal by John Berry (Attachments: #1 Text of Proposed Order)(nc) |
| Filing 29 NOTICE of Filing by John Berry (nc) |
| Filing 28 Corporate Disclosure Statement by Third Federal Savings and Loan Association of Cleveland identifying Corporate Parent TFS Financial Corporation for Third Federal Savings and Loan Association of Cleveland (Linscott, Jerry) |
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Filing 27
PAPERLESS ORDER denying #25 Motion for Leave to File Consolidated Response. Signed by Judge Robin L. Rosenberg on 12/22/2014. (bkd)
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| Filing 25 Unopposed MOTION for Leave to File Consolidated Response in Opposition to Defendants' Motions to Dismiss re #16 MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM and Supporting Memorandum of Law, #17 MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM by John Berry. (Attachments: #1 Text of Proposed Order)(Aronovitz, Tod) |
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Filing 26
ORDER Setting Telephonic Scheduling Conference for 1/7/2015 at 1:30 PM before Magistrate Judge Frank J. Lynch Jr., AND Order Requiring Joint Scheduling Report( -Joint Scheduling Report due by 1/6/2015) Signed by Magistrate Judge Frank J. Lynch, Jr on 12/19/2014. (ail)
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Filing 24
SCHEDULING ORDER: ( Jury Trial set for 11/9/2015 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 11/4/2015 09:00 AM before Judge Robin L. Rosenberg), and ORDER REFERRING CASE to Magistrate Judge for Scheduling Matters and Pretrial Discovery Matters. Signed by Judge Robin L. Rosenberg on 12/19/2014. (ar2)
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Filing 23
ORDER granting in part #21 Joint Motion for Extension of Time for the Parties to File a Response and Reply to #17 Motion to Dismiss and #16 Motion to Dismiss. Responses due by 1/5/2015. Replies due by 1/16/2015. Signed by Judge Robin L. Rosenberg on 12/16/2014. (ar2)
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Filing 22
ORDER granting #20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Robin L. Rosenberg on 12/16/2014. (ar2)
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| Filing 21 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #16 MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM and Supporting Memorandum of Law, #17 MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM by John Berry. (Attachments: #1 Text of Proposed Order)(Aronovitz, Tod) |
| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John D. Parker. Filing Fee $ 75.00. Receipt # 709. (ksa) |
| Filing 19 NOTICE of filing under seal Exhibit 3 to the Declaration of Tim Mulhern in support of Third Federal's Motion to dismiss by Third Federal Savings and Loan Association of Cleveland (cga) (Additional attachment(s) added on 12/15/2014: #1 Exhibit #3) (cga). |
| Filing 18 Unopposed MOTION to file under seal by Third Federal Savings and Loan Association of Cleveland. (Attachments: #1 Exhibit Proposed Order)(cga) |
| Filing 17 MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM by WNC Insurance Services, Inc.. Responses due by 12/29/2014 (Attachments: #1 Exhibit A-Flood Insurance Manual MPPP, #2 Exhibit D-Proof of Flood Insurance Coverage)(Zelonka, Richard) |
| Filing 16 MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM and Supporting Memorandum of Law by Third Federal Savings and Loan Association of Cleveland. Responses due by 12/29/2014 (Attachments: #1 Exhibit A-Declaration of Tim Mulhern)(Linscott, Jerry) |
| Filing 15 UNOPPOSED MOTION for leave to file certain exhibits to the Motion to dismiss materials under seal and incorporated memorandum of law by WNC Insurance Services, Inc. (cga) (Additional attachment(s) added on 12/12/2014: #1 Appendix Exhibits A and B) (cga). |
| Filing 14 NOTICE of filing Unopposed Motion for leave to file certain exhibits to the Motion to dismiss under seal and exhibits by WNC Insurance Services, Inc. (cga) |
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Filing 13
ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing ; granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Robin L. Rosenberg on 12/11/2014. (yha)
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| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Scott C Holbrook. Filing Fee $ 75.00. Receipt # 708. (ksa) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for G. Karl Fanter. Filing Fee $ 75.00. Receipt # 702. (ksa) |
| Filing 10 NOTICE of Attorney Appearance by Jerry R. Linscott on behalf of Third Federal Savings and Loan Association of Cleveland. Attorney Jerry R. Linscott added to party Third Federal Savings and Loan Association of Cleveland(pty:dft). (Linscott, Jerry) |
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Filing 9
ORDER granting in part and denying in part #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Robin L. Rosenberg on 11/7/2014. (ar2)
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| Filing 8 MOTION for Admission Pro Hac Vice of Edward W. Ciolko, Peter A. Muhic, and Tyler S. Graden and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 225.00. Receipt # 89465. (ksa) |
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Filing 7
ORDER granting #6 Joint Motion for Extension for Defendants to File an Answer to Complaint. Third Federal Savings and Loan Association of Cleveland answer due 12/12/2014; WNC Insurance Services, Inc. answer due 12/12/2014. Signed by Judge Robin L. Rosenberg on 11/4/2014. (ar2)
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| Filing 6 Agreed MOTION for Extension of Time to File Response/Reply as to #1 Complaint,,,, , Agreed MOTION for Extension of Time to File Answer RE: Complaints re #1 Complaint,,,, by WNC Insurance Services, Inc.. Attorney Richard Edward Zelonka, Jr added to party WNC Insurance Services, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Zelonka, Richard) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline by John Berry. Third Federal Savings and Loan Association of Cleveland served on 10/20/2014, answer due 11/10/2014. (Aronovitz, Tod) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline by John Berry. WNC Insurance Services, Inc. served on 10/14/2014, answer due 11/4/2014. (Aronovitz, Tod) |
| Filing 3 Summons Issued as to All Defendants. (yha) |
| Filing 2 Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Frank J. Lynch, Jr (yha) |
| Filing 1 COMPLAINT - CLASS ACTION COMPLAINT against Third Federal Savings and Loan Association of Cleveland, WNC Insurance Services, Inc. d/b/a WNC First Insurance Services. Filing fees $ 400.00 receipt number 113C-7131508, filed by John Berry. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) - Third Federal Savings and Loan Association of Cleveland, #3 Summon(s) WNC Insurance Services, Inc. d/b/a WNC First Insurance Services, #4 Exhibit - List of Exhibits, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28)(Aronovitz, Tod) |
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