Gustin v. Suntrust Bank N.A. et al
| Robin Gustin |
| Suntrust Bank N.A., JPMorgan Chase Bank, N.A., Capital One, N.A., Truist Bank, Wells Fargo, N.A., Bank of America, N.A., SunTrust Bank, Capital One Bank (USA) N.A., Bank of America and Wells Fargo Bank |
| 9:2020cv80756 |
| May 7, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Other Fraud |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2020. A more recent docket listing may be available from PACER.
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Filing 29
ORDER granting #10 and #14 Motions to Dismiss. The above-styled action is DISMISSED WITH PREJUDICE. Closing Case. Signed by Judge Donald M. Middlebrooks on 6/30/2020. See attached document for full details. (scn)
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| Filing 28 REPLY to Response to Motion re #14 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),,, filed by JPMorgan Chase Bank, N.A.. (Bideau, Mark) |
| Filing 27 REPLY to Response to Motion re #10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),,, and Incorporated Memorandum of Law filed by Bank of America, Capital One Bank (USA) N.A., SunTrust Bank, Wells Fargo Bank. (McKeever, Kristen) |
| Filing 26 NOTICE of Attorney Appearance by Kristen Lee McKeever on behalf of Bank of America, Capital One Bank (USA) N.A., Wells Fargo Bank. Attorney Kristen Lee McKeever added to party Bank of America(pty:dft), Attorney Kristen Lee McKeever added to party Capital One Bank (USA) N.A.(pty:dft), Attorney Kristen Lee McKeever added to party Wells Fargo Bank(pty:dft). (McKeever, Kristen) |
| Filing 25 Corporate Disclosure Statement by Wells Fargo Bank identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank (Segal, Tracy) |
| Filing 24 Corporate Disclosure Statement by Capital One Bank (USA) N.A. identifying Corporate Parent Capital One Financial Corporation for Capital One Bank (USA) N.A. (Segal, Tracy) |
| Filing 23 Corporate Disclosure Statement by Bank of America identifying Corporate Parent BAC North America Holding Company, Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation, Other Affiliate Berkshire Hathaway Inc. for Bank of America (Segal, Tracy) |
| Filing 22 RESPONSE in Opposition re #14 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint) filed by Robin Gustin. Replies due by 6/16/2020. (scn) |
| Filing 21 RESPONSE in Opposition re #10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint) and Incorporated Memorandum of Law filed by Robin Gustin. Replies due by 6/16/2020. (scn) |
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Filing 20
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Donald M. Middlebrooks on 6/2/2020. See attached document for full details. (ls)
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| Filing 19 Corporate Disclosure Statement by SunTrust Bank identifying Corporate Parent Truist Financial Corporation for SunTrust Bank (Kaufman, Dora) |
| Filing 18 Clerks Notice to Filer re #17 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ls) |
| Filing 17 Corporate Disclosure Statement by SunTrust Bank (Kaufman, Dora) |
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Filing 16
PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rose Cordero Prey. Signed by Judge Donald M. Middlebrooks on 6/1/2020. (jdr)
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| Filing 15 Corporate Disclosure Statement by JPMorgan Chase Bank, N.A. identifying Corporate Parent JPMorgan Chase & Co. for JPMorgan Chase Bank, N.A. (Bideau, Mark) |
| Filing 14 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),,, by JPMorgan Chase Bank, N.A.. Responses due by 6/12/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Bideau, Mark) |
| Filing 13 Clerks Notice to Filer re #12 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ls) |
| Filing 12 Corporate Disclosure Statement by JPMorgan Chase Bank, N.A. (Bideau, Mark) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rose Cordero Prey. Filing Fee $ 200.00 Receipt # AFLSDC-12955962 by JPMorgan Chase Bank, N.A.. Responses due by 6/12/2020 (Attachments: #1 Text of Proposed Order Proposed Order)(Bideau, Mark) |
| Filing 10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),,, and Incorporated Memorandum of Law by Bank of America, Capital One Bank (USA) N.A., SunTrust Bank, Wells Fargo Bank. Responses due by 6/11/2020 (Attachments: #1 Exhibit A: Complaint, #2 Exhibit B: Fifth Am. Compl. [ECF No. 82], Case No. 9:19-cv-80291 (S.D. Fla.), #3 Exhibit C: Opinion and Order [ECF No. 133], Case 1:14-cv-01516 (N.D. Ga.), #4 Exhibit D: Order [ECF No. 243], Case No. 1:14-cv-01516 (N.D. Ga.), #5 Exhibit E: Order and Amended Judgment [ECF No. 1:14-cv-01516 (N.D. Ga.), #6 Exhibit F: Opinion [ECF No. 44-2], Case No. 17-2368 (Fed. Cir.), #7 Exhibit G: Opinion [ECF No. 64-2], Case No. 17-1396 (Fed. Cir.), #8 Exhibit H: Parascript Declaration, #9 Exhibit I: Order on Motion to Dismiss [ECF No. 99], Case No. 9:19-cv-80291 (S.D. Fla.))(Segal, Tracy) |
| Filing 9 Joint MOTION Request for Judicial Notice by Bank of America, Capital One Bank (USA) N.A., JPMorgan Chase Bank, N.A., SunTrust Bank, Wells Fargo Bank. (Attachments: #1 Exhibit D.E. 29, N.D. Ga., Case No. 19-cv-80291, #2 Exhibit D.E. 30, N.D. Ga., Case No. 19-cv-80291, #3 Exhibit D.E. 133, N.D. Ga., Case No. 19-cv-80291, #4 Exhibit D.E. 145, N.D. Ga., Case No. 19-cv-80291, #5 Exhibit D.E. 192, N.D. Ga., Case No. 19-cv-80291, #6 Exhibit D.E. 193, N.D. Ga., Case No. 19-cv-80291, #7 Exhibit D.E. 242, N.D. Ga., Case No. 19-cv-80291, #8 Exhibit D.E. 243, N.D. Ga., Case No. 19-cv-80291, #9 Exhibit D.E. 244, N.D. Ga., Case No. 19-cv-80291, #10 Exhibit D.E. 248, N.D. Ga., Case No. 19-cv-80291, #11 Exhibit D.E. 44-2, Fed. Cir., Case No. 17-2368, #12 Exhibit D.E. 64-2, Fed. Cir., Case No. 17-1396, #13 Exhibit D.E. 82, S.D. Fla., Case No. 19-cv-80291, #14 Exhibit D.E. 99, S.D. Fla., Case No. 19-cv-80291, #15 Exhibit D.E. 1, E.D. Tx., Case No. 12-cv-00604, #16 Exhibit D.E. 125, E.D. Tx., Case No. 12-cv-00604, #17 Exhibit D.E. 127, E.D. Tx., Case No. 12-cv-00604)(Segal, Tracy) Modified Text on 5/28/2020 (ls). |
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Filing 8
PAPERLESS ORDER granting #4 Defendants' Unopposed Motion for Extension of Time. (DE #4 ; DE #7 ). This case was was removed on May 7, 2020. (DE #1 ). Prior to removal, Defendants Truist and JPMorgan received extensions of time to respond to the Complaint. Those Defendants' responses are currently due by May 28 and 29, 2020, respectively. (See DE #4 at 1). In the present Motion, the remaining Defendants seek to extend their deadline to respond to the Complaint until May 28, 2020. (Id.) They make this request because they intend to coordinate with Truist and JPMorgan when preparing their responses. Under these circumstances, I find good cause to grant the requested extensions. Defendants Capital One's, Wells Fargo's, and Bank of America's deadline to respond to the Complaint is extended until May 28, 2020. Signed by Judge Donald M. Middlebrooks on 5/15/2020. (jdr)
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| Filing 7 UNOPPOSITION to #4 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint)filed by Robin Gustin. Replies due by 5/21/2020. (Attachments: #1 Exhibit)(scn) |
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Filing 6
PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. Certain Defendants have filed a Motion in which they seek an extension of time to respond to the Complaint. (DE #14 ). The Court ORDERS expedited briefing on the Motion. Plaintiff must file any response to the Motion by May 15, 2020. Signed by Judge Donald M. Middlebrooks on 5/12/2020. (jdr)
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| Filing 5 MEMORANDUM of Law Supporting Opposition and Oppose Notice of Pending, Refiled, Related or Similar Actions by Robin Gustin. (scn) |
| Set Deadlines as to #4 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),,, . Responses due by 5/15/2020 (ls)(per DE #6) |
| Filing 4 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),,, by Bank of America, Capital One Bank (USA) N.A., Wells Fargo Bank. (Attachments: #1 Exhibit A: Agreed Order Granting Truist Bank's Motion for Extension of Time to Respond to the Complaint, #2 Exhibit B: Agreed Order Granting JP Morgan Chase Bank's Motion for Extension of Time to Respond to the Complaint, #3 Text of Proposed Order on Motion for Extension of Time)(Segal, Tracy) |
| Filing 3 Notice of Pending, Refiled, Related or Similar Actions by Bank of America, Capital One Bank (USA) N.A., Wells Fargo Bank (Ackerman, David) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (scn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Robin Gustin v. Suntrust Bank, et al.) Filing fee $ 400.00 receipt number AFLSDC-12856207, filed by Capital One, N.A., Bank of America, N.A., Wells Fargo, N.A. (No answer or mtn to dismiss filed) (Attachments: #1 Exhibit 1, Complaint in the State Court Action, #2 Exhibit 2, Civil Cover Sheet filed in State Court Action, #3 Exhibit 3, Declaration of Joel P. Howle, #4 Exhibit 4, Declaration of Robson D. Bassett, #5 Exhibit 5, Declaration of Van Beck, #6 Exhibit 6, JP Morgan Joinder and Consent, #7 Exhibit 7, Declaration of Christine Costamagna, #8 Exhibit 8. Returns of Service filed in the State Court Action, #9 Exhibit 9, State Court Action filings and docket., #10 Civil Cover Sheet)(Ackerman, David) Text Modified on 5/8/2020. (scn) |
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