NYS Consulting, LLC v. SunTrust Bank, Inc.
| NYS Consulting, LLC |
| SunTrust Bank, Inc. & SunTrust Bank and SunTrust Banks, Inc. |
| United States of America, IRS, Jack Norsworthy, D.C., Greater Health Associates, LLC, Delaware Spine & Rehabilitation, LLC and Sanford R. Toplkin |
| Michael H Greenwald, Brett M Greenwald and David J Dorfman |
| SunTrust Bank |
| 2:2019cv14323 |
| August 29, 2019 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| K Michael Moore |
| Taxes |
| 28 U.S.C. § 1442 |
| None |
Docket Report
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This docket was last retrieved on October 22, 2019. A more recent docket listing may be available from PACER.
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| Filing 26 Third Party MOTION to Vacate #12 Clerks Entry/Non-Entry of Default by Sanford R. Toplkin. Responses due by 11/5/2019 (Topkin, Sanford) |
Filing 25
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. Third-Party Defendants David J. Dorfman, Michael H. Greenwald, Brett M. Greenwald and NYS Consulting, LLC have filed an Amended Answer #23 to the Complaint. Additionally, Third-Party Defendant Jack Norsworthy filed a separate Answer and Crossclaim. #13 . However, the Clerk of Court entered default against the above-named Defendants. #11 , #12 . Before filing an answer, a defaulting defendant must first move to vacate a clerk's entry of default under Federal Rule of Civil Procedure 55(c). Here, none of the defaulting Defendants moved to vacate the Clerk's Entry of Default. Accordingly, UPON CONSIDERATION of the Answer and Amended Answer, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the defaulting Defendants shall move to vacate the Clerk's entry of default on or before October 28, 2019. Signed by Chief Judge K. Michael Moore on 10/21/2019. (mgh)
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Filing 24
PAPERLESS ORDER. THIS CAUSE came before the Court upon Third-Party Defendants Greater Health Associates, LLC, Delaware Spine & Rehabilitation, LLC, David J. Dorfman, Michael H. Greenwald, Brett M. Greenwald, and NYS Consulting LLC's Amended Answer to Third Party Complaint. #23 . The Amended Answer #23 supersedes the Answer. #20 . Accordingly, UPON CONSIDERATION of the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Answer #20 is STRICKEN. The Clerk of Court is instructed to STRIKE the Answer #20 from the docket. It is FURTHER ORDERED that Defendants' Motion to Strike included in the Amended Answer #23 is STRICKEN. The Motion to Strike in the Amended Answer does not comply with Southern District of Florida Local Rule 7.1(a)(1), which requires that "[e]very motion... incorporate a memorandum of law citing supporting authorities." S.D. Fla. L.R. 7.1(a)(1). Defendants are advised that any renewed Motion to Strike should be filed on or before November 1, 2019 as a separate docket entry and should comply with the Local Rules. Signed by Chief Judge K. Michael Moore on 10/21/2019. (mgh)
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| Filing 23 STRICKEN per DE# 25 , Third-Party Defendants' Amended ANSWER to Complaint Third-Party Complaint and Motion to Strike by Sanford R. Toplkin. (Topkin, Sanford) Modified text on 10/22/2019 (jas). |
| Filing 22 NOTICE of Attorney Appearance by Sanford Roy Topkin on behalf of Sanford R. Toplkin (Topkin, Sanford) |
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Filing 21
PAPERLESS ORDER. THIS CAUSE came before the Court upon Third-Party Defendants' Motion for Extension of Time to Respond to the Third-Party Complaint. #18 . Therein, the Third-Party Defendants request an extension of time to respond to the Third-Party Complaint for Interpleader. However, the Third-Party Defendants do not request an extension for a specific length of time. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #18 is GRANTED. Third-Party Defendants shall respond to the Third-Party Complaint on or before October 22, 2019. Signed by Chief Judge K. Michael Moore on 10/8/2019. (mgh)
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| Filing 20 STRICKEN per DE# 25 , Third-Party Defendants' ANSWER to Complaint Third-Party Complaint and Motion to Strike by Sanford R. Toplkin. (Topkin, Sanford) Modified text on 10/22/2019 (jas). |
| Filing 19 Clerks Notice to Filer re #18 Third Party MOTION for Extension of Time to Answer or to Respond to Third-Party Complaint re #1 Notice of Removal (State Court Complaint),,. 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 18 Third Party Motion for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, Third-Party Complaint by Sanford R. Toplkin. Responses due by 10/21/2019 (Topkin, Sanford) Modified Relief on 10/8/2019 (ls). |
| Filing 17 NOTICE by Sanford R. Toplkin Third-Party Defendants' Email Designation (Topkin, Sanford) |
| Filing 16 NOTICE of Attorney Appearance by Sanford Roy Topkin on behalf of Sanford R. Toplkin. Attorney Sanford Roy Topkin added to party Sanford R. Toplkin(pty:3pd). (Topkin, Sanford) |
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Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon Third Party Defendant's Unstipulated Motion for Substitution of Counsel. #14 . Therein, the United States seeks to withdraw the attorney of record for the United States, Thomas K. Vanaskie, to be substituted by Daniel B. Causey, IV. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #14 is GRANTED. Signed by Chief Judge K. Michael Moore on 10/7/2019. (mgh)
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| Filing 14 UNSTIPULATED MOTION for Substitution of Counsel. Substituting Daniel B. Causey, IV for Thomas K. Vanaskie by United States of America, IRS. Attorney Daniel B. Causey, IV added to party United States of America, IRS(pty:3pd). Responses due by 10/18/2019 (Causey, Daniel) |
| Filing 13 ANSWER to Complaint re the Notice of Removal , CROSSCLAIM against David J Dorfman, Brett M Greenwald, Michael H Greenwald, NYS Consulting, LLC by Jack Norsworthy, D.C.. (Schultz, Owen) |
| Filing 12 Clerks Entry of Default as to NYS Consulting, LLC, David J. Dorfman, Michael H. Greenwald, Brett M. Greenwald. Signed by DEPUTY CLERK on 10/4/2019. (jas) |
| Filing 11 Clerks Entry of Default as to Jack Norsworthy, D.C.. Signed by DEPUTY CLERK on 10/4/2019. (jas) |
| Filing 10 MOTION for Clerks Entry of Default as to David J Dorfman, Brett M Greenwald, Michael H Greenwald, NYS Consulting, LLC by SunTrust Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order Text of Proposed Order)(Serradet, Sahily) |
| Filing 9 MOTION for Clerks Entry of Default as to Jack Norsworthy, D.C. by SunTrust Bank. Attorney Sahily Serradet added to party SunTrust Bank(pty:cc). (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Serradet, Sahily) |
| Filing 8 ANSWER to Complaint re the Notice of Removal and Claim to Interpleader Funds by United States of America, IRS. Attorney Thomas K. Vanaskie added to party United States of America, IRS(pty:3pd). (Vanaskie, Thomas) |
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Filing 7
PAPERLESS ORDER. THIS CAUSE came before the Court upon Third Party Defendant, the United States on behalf of the Internal Revenue Service's, Motion for Enlargement of Time #4 to respond to the Third Party Complaint. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion for Enlargement of Time #4 is GRANTED. Third Party Defendant, the United States on behalf of the Internal Revenue Service, shall file a response to the Third Party Complaint on or before September 30, 2019. Signed by Chief Judge K. Michael Moore on 9/4/2019. (eso)
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| Filing 6 Notice of Entry of Parties Listed on 3 Clerks Notice to Filer re: Electronic Case, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): SunTrust Bank, NYS Consulting, LLC, SunTrust Bank, Greater Health Associates, LLC, Delaware Spine & Rehabilitation, LLC, David J Dorfman, Michael H Greenwald, Brett M Greenwald, Jack Norsworthy, D.C. and NYS Consulting, LLC. (Donlan, Maureen) |
| Filing 5 Bar Letter re: Admissions sent to attorney Thomas E. Flanagan, III, mailing date August 30, 2019, (pt) |
| Filing 4 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, by United States of America, IRS. (Attachments: #1 Text of Proposed Order)(Donlan, Maureen) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Magistrate Judge Shaniek M. Maynard. 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. 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) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - NYS Consulting, LLC v. Suntrust Banks, Inc. & Suntrust Bank & Suntrust Bank v. NYS Consulting, LLC & Suntrust Bank v. Greater Health Associates, LLC; Delaware Spine & Rehabilitation LLC; David J. Dorfman; Michael H. Greenwald; Brett M. Greenwald; Jack Norsworthy, DC; NYS Consulting, LLC & IRS of USA) Filing fee $400.00. USA Filer - No Filing Fee Required, filed by United States of America, IRS. No Motion to Dismiss and/or Answer has been attached. (Attachments: #1 Exhibit A - complaint, #2 Civil Cover Sheet, #3 Civil Cover Sheet)(Donlan, Maureen) |
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