Schottenstein v. Wells Fargo Bank, N.A. et al
| Evan Schottenstein and Avi Schottenstein |
| WELLS FARGO BANK, N.A. and Alexis Schottenstein |
| 9:2020mc81924 |
| October 19, 2020 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Rodney Smith |
| Other Statutes: Arbitration |
| None |
Docket Report
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This docket was last retrieved on December 17, 2020. A more recent docket listing may be available from PACER.
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| Filing 27 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION THAT PETITIONERS PETITION TO ENFORCE ARBITRATION SUBPOENAS [DE 1] SHOULD BE DISMISSED AND THIS CASE CLOSED: re #1 Petition and #12 Respondent's Motion to Dismiss #1 Petition Recommending that the Honorable United States District Judge Rodney Smith DISMISS this case due to lack of subject matter jurisdiction, deny Respondent, Alexis Schottenstein's Motion to Dismiss [DE 12] as moot since it is unnecessary for the Court to consider the issues raised in that motion, and close this case. Objections to R&R due by 12/31/2020. Signed by Magistrate Judge William Matthewman on 12/17/2020. See attached document for full details. (kza) |
Filing 26
ORDER DENYING PETITION TO ENFORCE ARBITRATION SUBPEONAS [DE 1] DUE TO LACK OF SUBJECT MATTER JURISDICTION: re #1 Petition to Enforce Arbitration Subpoenas. Signed by Magistrate Judge William Matthewman on 12/17/2020. See attached document for full details. (kza)
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| Filing 25 MEMORANDUM in Opposition re #1 Petition/Motion (Complaint) RE: Subpoena from Another District, by WELLS FARGO BANK, N.A.. (Stibolt, Dori) |
| Filing 24 MEMORANDUM in Support of Subject Matter Jurisdiction by Avi Schottenstein, Evan Schottenstein. (Attachments: #1 Exhibit)(Harris, Robert) |
| Filing 23 MEMORANDUM of Law re #1 Petition/Motion (Complaint) RE: Subpoena from Another District, Addressing subject matter jurisdiction by Alexis Schottenstein. (Attachments: #1 Exhibit Byers-Order-to-Appear-U.S.D.C.-So.-Dist-of-Fl.pdf)(Weintraub, David) |
| Filing 22 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held by Zoom Video Teleconference with all parties. Motion Hearing via Zoom Video held on 12/3/2020 re Petitioners Avi Schottenstein and Evan Schottensteins Petition to Enforce Arbitration Subpoenas [DE 1]; Respondent Alexis Schottensteins Motion to Dismiss [DE 12] and Respondent Wells Fargo Bank, N.A.s Memorandum in Opposition to Petition to Enforce Arbitration Subpoenas [DE 14]. Argument held. Supplemental briefing due by 5:00 p.m. on December 10, 2020. The Court took the matter under advisement. Written order to be issued. Total time in court: 1 hour(s) : 12 minutes. Attorney Appearance(s): Robert Charles Harris for Petitioners, Dori Katrine Stibolt for Respondent Wells Fargo Bank, N.A. and David A. Weintraub for Respondent Alexis Schottenstein. (Digital 10:32:28) (kza) |
| Filing 21 RESPONSE to #18 Memorandum by Avi Schottenstein, Evan Schottenstein. (Harris, Robert) |
| Filing 20 RESPONSE in Opposition re #13 Defendant's MOTION for Leave to File Objection to Subpoena to Wells Fargo filed by Avi Schottenstein, Evan Schottenstein. Replies due by 12/9/2020. (Harris, Robert) |
| Filing 19 NOTICE by Avi Schottenstein, Evan Schottenstein re #17 Order on Motion for Leave to File,, (Harris, Robert) |
| Filing 18 MEMORANDUM of Law re #1 Petition/Motion (Complaint) RE: Subpoena from Another District, Objection to Subpoena to Wells Fargo by Alexis Schottenstein. (Weintraub, David) |
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Filing 17
ORDER SETTING HEARING VIA ZOOM VIDEO TELECONFERENCE (VTC) AND GRANTING RESPONDEN'S MOTION FOR LEAVE TO OBJECT [DE 13]: granting #13 Motion for Leave to Object. Re: [DE 1] Petition RE: Subpoena to Enforce from Another District; #12 Defendant's MOTION TO DISMISS #1 Petition FOR FAILURE TO STATE A CLAIM; and [DE 14] MEMORANDUM in Opposition re 1 Petition/Motion (Complaint) RE: Subpoena from Another District, by WELLS FARGO BANK, N.A. Joint Notice Deadline 12/1/2020. Motion Hearing via Zoom Video set for 12/3/2020 at 10:30 AM in West Palm Beach Division before Magistrate Judge William Matthewman. Signed by Magistrate Judge William Matthewman on 11/17/2020. See attached document for full details. (kza)
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| Filing 16 REPLY to Response to Motion re #12 Defendant's MOTION TO DISMISS #1 Petition/Motion (Complaint) RE: Subpoena from Another District, FOR FAILURE TO STATE A CLAIM filed by Alexis Schottenstein. (Attachments: #1 Affidavit Affidavit of Alexis Schottenstein)(Weintraub, David) |
| Filing 15 REPLY to #14 Memorandum, #12 Defendant's MOTION TO DISMISS #1 Petition/Motion (Complaint) RE: Subpoena from Another District, FOR FAILURE TO STATE A CLAIM by Avi Schottenstein, Evan Schottenstein. (Harris, Robert) |
| Filing 14 MEMORANDUM in Opposition re #1 Petition/Motion (Complaint) RE: Subpoena from Another District, by WELLS FARGO BANK, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stibolt, Dori) |
| Filing 13 Defendant's MOTION for Leave to File Objection to Subpoena to Wells Fargo by Alexis Schottenstein. (Attachments: #1 Exhibit Respondent's Objection to Subpoena to WF, #2 Exhibit FINRA Alexis Schottenstein Subpoena)(Weintraub, David) |
| Filing 12 Defendant's MOTION TO DISMISS #1 Petition/Motion (Complaint) RE: Subpoena from Another District, FOR FAILURE TO STATE A CLAIM by Alexis Schottenstein. Responses due by 11/16/2020 (Attachments: #1 Affidavit Affidavit of Alexis Schottenstein)(Weintraub, David) |
| Filing 11 NOTICE of Attorney Appearance by Dori Katrine Stibolt on behalf of WELLS FARGO BANK, N.A.. Attorney Dori Katrine Stibolt added to party WELLS FARGO BANK, N.A.(pty:res). (Stibolt, Dori) |
| Filing 10 NOTICE of Attorney Appearance by David A. Weintraub on behalf of Alexis Schottenstein. Attorney David A. Weintraub added to party Alexis Schottenstein(pty:res). (Weintraub, David) |
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Filing 9
ORDER REQUIRING RESPONSES BY NON-PARTIES WELLS FARGO BANK, N.A., AND ALEXIS SCHOTTENSTEIN: re #1 Petitioners, Avi Schottenstein and Evan Schottenstein's Petition to Enforce Arbitration Subpoenas: Respondents, Wells Fargo Bank, N.A., and Alexis Schottenstein shall respond to the Petition on or before November 3, 2020. Petitioners shall file their reply on or before November 10, 2020. Signed by Magistrate Judge William Matthewman on 10/20/2020. See attached document for full details. (kza)
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Filing 8
ORDER REFERRING CASE to Magistrate Judge William Matthewman for appropriate resolution of all Matters. Signed by Judge Rodney Smith on 10/20/2020. See attached document for full details. (ls)
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| Filing 7 Clerks Notice to Filer re DE #5 and #6 : Summons(es) cannot be issued. MC type cases do not require summons(es) (jao) |
| Filing 6 NOTICE of Filing Proposed Summons(es) of Wells Fargo Bank, N.A. by Avi Schottenstein, Evan Schottenstein (Harris, Robert) |
| Filing 5 NOTICE of Filing Proposed Summons(es) of Alexis Schottenstein by Avi Schottenstein, Evan Schottenstein (Harris, Robert) |
| Filing 4 NOTICE by Avi Schottenstein, Evan Schottenstein of Filing Civil Cover Sheet (Harris, Robert) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. (cds) |
| Filing 1 Petition/Motion (Complaint) RE: Subpoena to Enforce from Another District . Filing fee $47.00 receipt number AFLSDC-13715659, filed by Avi Schottenstein, Evan Schottenstein. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Harris, Robert) |
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