Jones v. JPMorgan Chase & Co.
| Rudolph Jones, Jr. |
| JPMorgan Chase & Co., U.S. Bank National Association and J.P. Morgan Mortgage Acquistion Trust 2006-ACC1 |
| 2:2019cv14463 |
| November 27, 2019 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| K Michael Moore |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 28
PAPERLESS ORDER. THIS CAUSE came before the Court upon George Ollinger's Renewed Motion to Withdraw as Counsel for Plaintiff. #27 . Therein, George Ollinger requests to withdraw as counsel for Plaintiff because of irreconcilable differences. Id. at 1. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that George Ollinger's Motion to Withdraw as Counsel for Plaintiff #27 is GRANTED. The Clerk of Court is INSTRUCTED to remove George Ollinger as counsel of record for Plaintiff. Counsel shall be relieved of all further responsibilities related to Plaintiff in these proceedings. Within two (2) days of the entry of this Order, withdrawing counsel shall send to Plaintiff's last known address a copy of this Order and shall file notice with the Court certifying that the Order was sent. It is FURTHER ORDERED that Plaintiff shall advise this Court on or before February 4, 2020 whether he intends to proceed pro se or has retained counsel. Signed by Chief Judge K. Michael Moore on 1/21/2020. (mgh)
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| Filing 27 Amended MOTION to Withdraw as Attorney by George Ollinger for / by Rudolph Jones, Jr. Responses due by 2/3/2020 (Ollinger, George) |
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Filing 26
PAPERLESS ORDER. THIS CAUSE came before the Court upon George E. Ollinger's Motion to Withdraw as Counsel for Plaintiff. #25 . The Local Rules require that notice of withdrawal is served on the client and opposing counsel before an attorney can withdraw the attorney's appearance. S.D. Fla. L.R. 11.1(d)(3). Moreover, a "motion to withdraw shall include a current mailing address for the attorney's client or the client's new or remaining counsel." Id. Here, the Motion does not indicate whether notice has been served on the client and opposing counsel nor does it include a current mailing address for the attorney's client or the client's new or remaining counsel. See #25 . Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #25 is DENIED WITHOUT PREJUDICE. Signed by Chief Judge K. Michael Moore on 1/17/2020. (mgh)
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| Filing 25 MOTION to Withdraw as Attorney by George Ollinger for / by Rudolph Jones, Jr. Responses due by 1/30/2020 (Ollinger, George) |
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Filing 24
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant U.S. Bank, National Association's Motion for Extension of Time to Respond to the Amended Complaint. #22 . 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 #22 is GRANTED. Defendant U.S. Bank, National Association shall answer or otherwise respond to the Amended Complaint on or before January 31, 2020. Signed by Chief Judge K. Michael Moore on 1/14/2020. (mgh)
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| Filing 23 NOTICE of Attorney Appearance by Kimberly Held Israel on behalf of U.S. Bank National Association. Attorney Kimberly Held Israel added to party U.S. Bank National Association(pty:dft). (Israel, Kimberly) |
| Filing 22 MOTION for Extension of Time to File Response/Reply/Answer as to #16 Amended Complaint by U.S. Bank National Association. (Attachments: #1 Text of Proposed Order)(Grimsley, William) |
| Filing 21 NOTICE of Attorney Appearance by William L. Grimsley on behalf of U.S. Bank National Association. Attorney William L. Grimsley added to party U.S. Bank National Association(pty:dft). (Grimsley, William) |
| Filing 20 Summons Issued as to U.S. Bank National Association. (jas) |
| Filing 19 NOTICE of Filing Proposed Summons(es) by Rudolph Jones, Jr (Ollinger, George) |
| Filing 18 Clerks Notice to Filer re: Summons(es) cannot be issued. The number of days to respond to the Summons(es) is incorrect. (jas) |
| Filing 17 NOTICE of Filing Proposed Summons(es) by Rudolph Jones, Jr (Ollinger, George) |
| Filing 16 AMENDED COMPLAINT against Rudolph Jones, Jr filed in response to Order Granting Motion for Leave, filed by Rudolph Jones, Jr.(Ollinger, George) |
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Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant J.P. Morgan Chase & Co.'s ("J.P. Morgan") Motion to Strike the Amended Complaint, Enter Judgment on the Pleadings, and Clarify Deadlines. #11 . Therein, J.P. Morgan notes that U.S. Bank National Association, rather than J.P. Morgan, is the correct defendant in this matter. Id. Now, Plaintiff requests leave to file a second amended complaint to substitute U.S. Bank National Association for J.P. Morgan as Defendant. #13 at 1. Moreover, Plaintiff "acknowledges that U.S. Bank [National Association] is diverse, and thus, withdraws its Motion to Remand." #14 . Plaintiff may only file a second amended complaint "with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Moreover, "[t]he court should freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). The decision whether to grant leave to amend is committed to the sound discretion of the trial court. Best Canvas Products & Supplies, Inc. v. Ploof Truck Lines, Inc., 713 F.2d 618 (11th Cir.1983). However, "[u]nless there is a substantial reason to deny leave to amend, the discretion of the district court is not broad enough to permit denial." Dussouy v. Gulf Coast Investment Corp., 660 F.2d 594, 597 (5th Cir.1981). Here, the Court does not find a substantial reason to deny leave to amend. Accordingly, 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 Plaintiff's Motion #13 is GRANTED. Plaintiff shall file a second amended complaint on or before December 20, 2019. It is further ORDERED that Plaintiff's Motion to Remand #8 is WITHDRAWN as requested and Defendant J.P. Morgan's Motion to Strike Amended Complaint, Enter Judgment on the Pleadings, and Clarify Deadlines #11 is DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 12/18/2019. (mgh) Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge.
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| Filing 14 NOTICE by JPMorgan Chase & Co. re #13 MOTION to Amend/Correct , #8 MOTION to Remand to State Court (Joint) Regarding Pending Motions (Kahn, Jeremy) |
| Filing 13 MOTION to Amend/Correct by Rudolph Jones, Jr. Responses due by 12/30/2019 (Ollinger, George) |
| Filing 12 RESPONSE in Opposition re #11 MOTION to Strike #6 Amended Complaint Enter Judgment on the Pleadings, and Clarify Deadlines filed by Rudolph Jones, Jr. Replies due by 12/23/2019. (Ollinger, George) |
| Filing 11 MOTION to Strike #6 Amended Complaint Enter Judgment on the Pleadings, and Clarify Deadlines by JPMorgan Chase & Co.. Attorney Jeremy L. Kahn added to party JPMorgan Chase & Co.(pty:dft). Responses due by 12/27/2019 (Attachments: #1 Exhibit Composite Exhibit 1)(Kahn, Jeremy) |
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Filing 10
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Shaniek M. Maynard on 12/2/2019. See attached document for full details. (ebz)
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time to Respond to the Complaint. #3 . 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 Defendants Motion #3 is GRANTED. Defendant shall answer or otherwise respond to the Complaint on or before December 19, 2019. Signed by Chief Judge K. Michael Moore on 12/3/2019. (mgh)
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| Filing 8 MOTION to Remand to State Court by Rudolph Jones, Jr. (Ollinger, George) |
| Filing 7 Objection to Removal by Rudolph Jones, Jr. (Ollinger, George) |
| Filing 6 AMENDED COMPLAINT against All Defendants, filed by Rudolph Jones, Jr.(Ollinger, George) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE SHANIEK MAYNARD. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Shaniek Maynard to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Maynard's discovery procedures. Signed by Chief Judge K. Michael Moore on 12/2/2019. (mgh)
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Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 12/2/2019. (mgh)
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| Filing 3 Unopposed MOTION for Extension of Time to File Response/Reply/Answer To Plaintiff's Complaint by JPMorgan Chase & Co.. (Attachments: #1 Text of Proposed Order)(Byrne, John) |
| 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 - Rudolph Jones, Jr. v. JPMorgan Chase & Co.) Filing fee $ 400.00 receipt number 113C-12185466, filed by JPMorgan Chase & Co.. No Motion to Dismiss and/or Answer has been attached. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Composite Exhibit 1, #3 Exhibit 2)(Byrne, John) |
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