Scott v. JP Morgan Chase, N.A. et al
| Barbara J Scott |
| JP Morgan Chase, N.A. and Synchrony Bank |
| 9:2020cv81016 |
| June 29, 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 December 15, 2020. A more recent docket listing may be available from PACER.
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Filing 40
ORDER CLOSING CASE. Plaintiffs claims against Defendant Chase are DISMISSED WITH PREJUDICE. Closing Case. Signed by Judge Donald M. Middlebrooks on 12/15/2020. See attached document for full details. (scn)
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| Filing 39 NOTICE of Voluntary Dismissal with Prejudice by Barbara J Scott (Acosta, Patricia) |
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Filing 38
PAPERLESS ORDER SETTING DEADLINE FOR FILING CLOSING DOCUMENTS AND EXTENDING DEADLINE TO FILE AMENDED COMPLAINT. The remaining Parties in this case have filed a Notice of Settlement (DE #37 ), and the Court congratulates them on their amicable resolution of this matter. The Parties' request for 10 days to file closing documents is granted. Moreover, because Defendant JP Morgan Chase, N.A., has not yet served "either an answer or a motion for summary judgment," the Parties need not file a joint stipulation of dismissal, as they suggest. Fed. R. Civ. P. 41(a)(1)(A)(i). Rather, a notice of voluntary dismissal shall be sufficient to dismiss this case. Therefore, Plaintiff is directed to file a notice of voluntary dismissal on or before December 14, 2020. Further, the Parties' request to "suspend all deadlines in this action" is denied. (DE #37 ). Until closing documents are filed, this case will remain on the trial calendar and the Court expects compliance with all pretrial deadlines. However, in light of the pending settlement, I will extend the deadline for Plaintiff to file an amended complaint from December 2, 2020, to December 14, 2020. No other litigation deadlines are modified or extended as a result of this Order. Additionally, the Parties are advised that they may move for the Court to retain jurisdiction upon closing the case if necessary to enforce the terms of their settlement agreement. Signed by Judge Donald M. Middlebrooks on 12/2/2020. (Miscellaneous Deadline 12/14/2020.) (kal)
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| Filing 37 NOTICE of Settlement by Barbara J Scott (Acosta, Patricia) |
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Filing 36
ORDER ON MOTION TO DISMISS: granting in part #5 Motion to Dismiss Counts V and VII of Plaintiff's Complaint with Prejudice. Granting in part #6 Motion For Judicial Notice. Amended Complaint due on or before 12/2/2020. Signed by Judge Donald M. Middlebrooks on 11/20/2020. See attached document for full details. (scn)
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Filing 35
Order Dismissing Defendant Synchrony Bank upon #34 Joint Stipulation of Dismissal; Dismissing Claims with prejudice; Denying as Moot #29 MOTION to Strike #12 ANSWER to Complaint (Notice of Removal), Counterclaim Affirmative Defenses.. Signed by Judge Donald M. Middlebrooks on 10/5/2020. See attached document for full details. (ls)
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| Filing 34 Joint STIPULATION of Dismissal /for Partial Dismissal with Prejudice by Synchrony Bank (Frontino, Brian) |
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Filing 33
PAPERLESS ORDER SETTING DEADLINE FOR FILING CLOSING DOCUMENTS. Plaintiff/Counter Defendant Barbara J. Scott and Defendant/Counter Claimant Synchrony Bank have filed a Notice of Settlement (DE #32 ), and the Court congratulates those Parties on their amicable resolution of this matter. The Parties are directed to file a joint stipulation of dismissal within 10 days, which is on or before October 5, 2020. Accordingly, the Parties' request for 30 days to finalize the settlement agreement and file closing documents is denied, as there is no good cause for such a delay set forth in the Notice. (DE #32 ). The Parties' Notice of Settlement does not operate to stay any of the deadlines set forth in the Pretrial Scheduling Order (DE #11 ). Therefore, the Parties' request that the Court "vacate all deadlines in this action as to Synchrony only" is also denied. (DE #32 ). Until closing documents are filed, this case will remain on the trial calendar as to all Parties and the Court expects compliance with all pretrial deadlines. Additionally, the Parties are advised that they may move for the Court to retain jurisdiction upon closing the case if necessary to enforce the terms of their settlement agreement. (Miscellaneous Deadline 10/5/2020.) Signed by Judge Donald M. Middlebrooks on 9/24/2020. (kal)
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| Filing 32 NOTICE of Settlement (Partial - as to Synchrony Bank Only) by Synchrony Bank (Frontino, Brian) |
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Filing 31
PAPERLESS ORDER granting #30 Defendant Synchrony's Unopposed Motion for Extension of Time. Synchrony's deadline to respond to Plaintiff's Motion to Strike [DE #29 ) is extended until September 7, 2020, as requested. Signed by Judge Donald M. Middlebrooks on 8/20/2020. (jdr)
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| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #29 MOTION to Strike #12 ANSWER to Complaint (Notice of Removal), Counterclaim Affirmative Defenses by Synchrony Bank. (Attachments: #1 Text of Proposed Order Proposed Order)(Frontino, Brian) |
| Reset Deadlines as to #29 MOTION to Strike #12 ANSWER to Complaint (Notice of Removal), Counterclaim Affirmative Defenses. Responses due by 9/7/2020 (ls)(per DE #31) |
| Filing 29 MOTION to Strike #12 ANSWER to Complaint (Notice of Removal), Counterclaim Affirmative Defenses by Barbara J Scott. Responses due by 8/24/2020 (Acosta, Patricia) |
| Filing 28 ANSWER to Counterclaim by Barbara J Scott. (Acosta, Patricia) |
| Filing 27 NOTICE of Mediator Selection. Selected/Added Steven A Mayans as Mediator. (Adras, Tyrone) |
| Filing 26 NOTICE of Striking #24 Notice (Other) filed by JP Morgan Chase, N.A. by JP Morgan Chase, N.A. (Adras, Tyrone) |
| Filing 25 Clerks Notice to Filer re #24 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event.; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the correct event Notice of Mediator Selection and/or Hearing, adding the Mediator. (ls) |
| Filing 24 NOTICE by JP Morgan Chase, N.A. Mediator Selection (Adras, Tyrone) |
| Filing 23 REPLY to Response to Motion re #5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by JP Morgan Chase, N.A.. (Bideau, Mark) |
| Filing 22 Joint SCHEDULING REPORT - Rule 26(f) by JP Morgan Chase, N.A. (Adras, Tyrone) |
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Filing 21
PAPERLESS ORDER granting #20 Defendant Synchrony's Unopposed Motion for Extension of Time. The Parties' deadline to file a Notice of Mediator Selection is extended until August 7, 2020, as requested. Signed by Judge Donald M. Middlebrooks on 8/3/2020. (jdr)
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| Filing 20 Unopposed MOTION for Extension of Time to File Notice of Mediator Selection re #11 Scheduling Order,, Order Referring Case to Mediation, by Synchrony Bank. Responses due by 8/17/2020 (Attachments: #1 Text of Proposed Order)(Frontino, Brian) |
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Filing 19
PAPERLESS ORDER granting #18 Defendant JPMorgan Chase, N.A.'s Unopposed Motion for Extension of Time. In the present Motion, Defendant JPMorgan seeks a brief extension to reply to Plaintiff's Response to JPMorgan's Motion to Dismiss. (DE #18 ). JPMorgan makes this request due to "the press of other matters and deadlines and the need to respond to the numerous arguments raised in Plaintiff's" response. (Id. at 1-2). Under these circumstances, I find good cause to grant the requested extension; JPMorgan's deadline to file its reply is extended until August 5, 2020. Absent exceptional circumstances, this deadline will not be further extended. Signed by Judge Donald M. Middlebrooks on 7/30/2020. (jdr)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #17 Response in Opposition to Motion by JP Morgan Chase, N.A.. (Attachments: #1 Text of Proposed Order proposed order)(Bideau, Mark) |
| Reset Deadlines as to #5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM . Replies due by 8/5/2020. (ls)(per DE #19) |
| Filing 17 RESPONSE in Opposition re #5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Barbara J Scott. Replies due by 8/3/2020. (Acosta, Patricia) |
| Filing 16 NOTICE of Striking #14 Response in Opposition to Motion filed by Barbara J Scott by Barbara J Scott (Acosta, Patricia) |
| Filing 15 Clerks Notice to Filer re #14 Response in Opposition to Motion. Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (ls) |
| Filing 14 RESPONSE in Opposition re #5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Barbara J Scott. Replies due by 7/31/2020. (Acosta, Patricia) |
| Filing 13 Corporate Disclosure Statement by Synchrony Bank identifying Corporate Parent Synchrony Financial, Other Affiliate The Vanguard Group for Synchrony Bank (Frontino, Brian) |
| Filing 12 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal , COUNTERCLAIM against Barbara J Scott by Synchrony Bank. (Frontino, Brian) |
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Filing 11
PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 8/24/2020., All Discovery due by 12/14/2020., Joinder of Parties due by 8/24/2020., In Limine Motions due by 12/28/2020., Motions due by 12/28/2020., Pretrial Stipulation due by 2/1/2021.), and ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 7/20/2020. See attached document for full details. (ls)
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Filing 10
PAPERLESS ORDER granting #9 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff's deadline to respond to the Motion to Dismiss (DE #5 ) is extended until July 24, 2020, as requested. Signed by Judge Donald M. Middlebrooks on 7/17/2020. (jdr)
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| Filing 9 MOTION for Extension of Time to File Response/Reply/Answer as to #5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Barbara J Scott. (Acosta, Patricia) |
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Scheduling Order, and Setting Trial Date. ( Calendar Call set for 2/24/2021 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 3/1/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 7/17/2020. See attached document for full details. (ls)
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| Reset Deadlines as to #5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM . Responses due by 7/24/2020 (ls)(per DE #10) |
| Filing 7 Clerks Notice to Filer re #6 Notice (Other). Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. AND Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 6 Motion/Request for Judicial Notice re #5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by JP Morgan Chase, N.A. (Attachments: #1 Exhibit EX 1) (Bideau, Mark) Modified Link and to convert document to a motion on 7/7/2020 (ls). |
| Filing 5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by JP Morgan Chase, N.A.. Responses due by 7/20/2020 (Attachments: #1 Exhibit EX 1)(Bideau, Mark) |
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Filing 4
PAPERLESS ORDER granting in part #3 Defendant Synchrony Bank's Unopposed Motion for Extension of Time. Defendant Synchrony Bank's response to Plaintiff's Complaint is currently due by July 6, 2020. In the present Motion, Defendant Synchrony Bank requests a thirty-day extension of this deadline because counsel has only recently been retained and in light of business disruption caused COVID-19. (DE #3 ). Under these circumstances, I find good cause to enter a limited extension. Defendant Synchrony Bank's deadline to respond to Plaintiff's Complaint is extended until July 20, 2020. Signed by Judge Donald M. Middlebrooks on 7/6/2020. (jdr)
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| Filing 3 Unopposed MOTION for Extension of Time to File Response/Reply/Answer Complaint by Synchrony Bank. Attorney Brian C Frontino added to party Synchrony Bank (pty:dft). (Attachments: #1 Text of Proposed Order)(Frontino, Brian) |
| 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 ) Filing fee $ 400.00 receipt number AFLSDC-13100016, filed by JP Morgan Chase, N.A.(No Answer/Motion to Dismiss field) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Bideau, Mark) Text Modified on 6/29/2020. (scn) |
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