C&C Title Services, LLC v. KeyBank N.A.
C&C Title Services, LLC |
KeyBank N.A. |
2:2017cv14296 |
August 18, 2017 |
US District Court for the Southern District of Florida |
Ft Pierce Office |
Highlands (Office: Ft Pierce) |
Shaniek M Maynard |
Donald M Middlebrooks |
Other Fraud |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on April 20, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 32 ORDER CLOSING CASE re #31 Joint Stipulation of Dismissal; Closing Case. Signed by Judge Donald M. Middlebrooks on 4/19/2018. (ls) |
Civil Case Terminated. Closing Case. (ls) 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. |
Filing 31 Joint STIPULATION of Dismissal by C&C Title Services, LLC (Waugh, Christian) Modified Text on 4/13/2018 (ls). |
Filing 30 ENDORSED ORDER. On March 29, 2018, the Parties filed a Notice of Settlement (DE #29 ), representing that they have reached a settlement in principle. The Parties state that "Plaintiff shall dismiss this case with prejudice shortly after the terms of the written agreement are fulfilled." The Parties ask the Court to vacate all deadlines set forth in the Pretrial Scheduling Order (DE #14 ). The Parties do not explain why this case should remain open but dormant while they finalize the terms of the settlement agreement. Therefore, the Parties shall submit closing documents by April 12, 2018. If necessary, the Parties may request that the court retain jurisdiction to enforce the terms of the settlement. The Parties are advised that until proper closing documents are filed, this case will remain on the trial calendar and all pretrial deadlines will remain in effect. Signed by Judge Donald M. Middlebrooks on 3/29/2018. (kal) |
Filing 29 NOTICE of Settlement and Motion to Vacate and Response to Endorsed Order by C&C Title Services, LLC (Waugh, Christian) |
Filing 28 ENDORSED ORDER. The Parties were required to mediate no later than March 14, 2018 and were required to ensure that the mediator's report was filed within seven days following the mediation. See Local Rule 16.2(f). No mediator's report has been filed. Thus, the Parties must ensure that the mediator's report is filed by 5:00 p.m on March 29, 2018. Signed by Judge Donald M. Middlebrooks on 3/27/2018. (kal) |
Filing 27 ENDORSED ORDER denying as moot #22 Motion for Hearing. In light of this Court's ruling on Defendant's Motion for Judgment on the Pleadings (DE 24), Plaintiff's Motion for Hearing is denied as moot. Signed by Judge Donald M. Middlebrooks on 2/14/2018. (kal) |
Filing 26 ENDORSED ORDER denying #21 Motion for Continuance and to Extend all Pretrial Deadlines. The Parties move to extend all pre-trial deadlines and the trial date by at least 90 days pending the ruling on Defendant's Motion for Judgment on the Pleadings, which has now been ruled on. Having failed to show good cause for an extension of the Pretrial Schedule and a new trial date, the Parties' Motion is denied. To the extent the Parties require an extension of any particular deadline within the pretrial schedule, they may file a motion to that effect explaining why the extension is necessary and providing specific factual support. The Parties are reminded that they may consent to the jurisdiction of United States Magistrate Judge Shaniek M. Maynard, who generally allows the Parties great flexibility in setting the course and schedule, including the trial date, of their case. Information regarding the consent form may be found on page 2 of the Pretrial Scheduling Order (DE 14). Signed by Judge Donald M. Middlebrooks on 2/14/2018. (kal) |
Filing 25 FINAL JUDGMENT on Counts II and III of the First Amended Complaint in favor of KeyBank N.A. against C&C Title Services, LLC. Signed by Judge Donald M. Middlebrooks on 2/13/2018. (ls) |
Filing 24 ORDER granting in part and denying in part #9 Motion for Judgment on the Pleadings; Dismissing Counts II and III of the Amended Complaint with prejudice. Signed by Judge Donald M. Middlebrooks on 2/13/2018. (ls) |
Filing 23 Clerks Notice to Filer re #22 MOTION for Oral Argument re #9 MOTION for Judgment on the Pleadings . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
Filing 22 Motion for Hearing/Oral Argument re #9 MOTION for Judgment on the Pleadings by C&C Title Services, LLC. (Waugh, Christian) Modified Relief on 2/9/2018 (ls). |
Filing 21 Joint MOTION for Extension of Time Joint Motion to enlarge time for deadlines in order setting PTC schedule and order referring case to mediation. by C&C Title Services, LLC. Responses due by 1/23/2018 (Waugh, Christian) |
Filing 20 Notification of Ninety Days Expiring by C&C Title Services, LLC re #9 MOTION for Judgment on the Pleadings filed by KeyBank N.A. (Waugh, Christian) |
Filing 19 NOTICE of Mediator Selection. Added Dan Hudson Honeywell. (Waugh, Christian) |
Filing 18 Clerks Notice to Filer re #17 Notice (Other). Mediator Not Added; ERROR - The Filer failed to add mediator. Filer is instructed to file a Notice of Entry of Mediator and add the mediator.Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was NOT re-docketed by the Clerk.. It is necessary to refile this document using the mediation events. (cqs) |
Filing 17 NOTICE by C&C Title Services, LLC Notice of Selection of Mediator (Waugh, Christian) |
Filing 16 REPLY to Response to Motion re #9 MOTION for Judgment on the Pleadings filed by KeyBank N.A.. (Sivick, Krista) |
Filing 15 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Shaniek M. Maynard: Scheduling Conference held on 10/10/2017. Total time in court: 7 minutes. Attorney Appearance(s): Christian W Waugh, Krista Anne Sivick, Jim Slater, Esquire. Pretrial scheduling order to issue. (Digital 143652) (cga) |
Filing 14 ORDER SETTING PRE-TRIAL SCHEDULE AND ORDER REFERRING CASE TO MEDIATION: (Discovery due by 2/2/2018. Dispositive Motions due by 3/2/2018. ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Shaniek M. Maynard on 10/10/2017. (lrz1) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. |
Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by KeyBank N.A. (Attachments: #1 Text of Proposed Order)(Sivick, Krista) |
Filing 12 RESPONSE in Opposition re #9 MOTION for Judgment on the Pleadings filed by C&C Title Services, LLC. Replies due by 10/11/2017. (Waugh, Christian) |
Filing 11 SCHEDULING ORDER: Telephonic Scheduling Conference set for 10/10/2017 02:30 PM in Fort Pierce Division before Magistrate Judge Shaniek M. Maynard. -Joint Scheduling Report due by 10/5/2017 Signed by Magistrate Judge Shaniek M. Maynard on 9/21/2017. (cga) |
Filing 10 Corporate Disclosure Statement by KeyBank N.A. identifying Corporate Parent KeyCorp for KeyBank N.A. (Sivick, Krista) |
Filing 9 MOTION for Judgment on the Pleadings by KeyBank N.A.. (Sivick, Krista) |
Filing 8 ANSWER and Affirmative Defenses to Complaint (First Amended Complaint, DE 5) by KeyBank N.A.. Attorney Krista Anne Sivick added to party KeyBank N.A.(pty:dft). (Sivick, Krista) |
Filing 7 ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 5/14/2018 at 9:00 AM in the Fort Pierce Division before Judge Donald M. Middlebrooks. Calendar Call set for 5/9/2018 at 1:15 PM in the West Palm Beach Division before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Magistrate Judge Shaniek M. Maynard with receipt of notices for all filings in case. Signed by Judge Donald M. Middlebrooks on 9/20/2017. (lrz1) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. |
Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by C&C Title Services, LLC. All Defendants. (Waugh, Christian) |
Filing 5 First AMENDED COMPLAINT against All Defendants, filed by C&C Title Services, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Waugh, Christian) Modified text on 8/23/2017 (mc). |
Filing 4 ENDORSED ORDER. Plaintiff alleges this Court has jurisdiction over this case based on diversity. However, the allegations fail to plead diversity. See Travaglio v. Am. Exp. Co, 735 F.3d 1266, 1268 (11th Cir. 2013) (When a plaintiff files suit in federal court, she must allege facts that, if true, show federal subject matter jurisdiction over her case exists.). Specifically, the party asserting diversity must prove the citizenships of all the members of the limited liability company. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C, 374 F.3d 1020, 1022 (11th Cir. 2004). Plaintiff shall file an amended complaint by August 24, 2017 correcting the diversity allegations or file a notice of dismissal by that date. Signed by Judge Donald M. Middlebrooks on 8/22/2017. (kcr) |
Filing 3 Summons Issued as to KeyBank N.A. (mc) |
Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (mc) |
Filing 1 COMPLAINT against KeyBank N.A.. Filing fees $ 400.00 receipt number 113C-9985146, filed by C&C Title Services, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Waugh, Christian) |
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Defendant: KeyBank N.A. | |
Represented By: | Krista Anne Sivick |
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Plaintiff: C&C Title Services, LLC | |
Represented By: | Christian W Waugh |
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