Cook et al v. The Bank Of New York
Plaintiff: Wallace Cook and Judith Cook
Defendant: The Bank of New York
Case Number: 9:2021cv80582
Filed: March 22, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Bruce E Reinhart
Referring Judge: Rodolfo A Ruiz
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2021 Opinion or Order Filing 37 PAPERLESS ORDER taking under advisement [6, 7] Plaintiffs' Motions to Remand to State Court and ordering Plaintiffs to file their Replies to the Motions by 5/14/2021. Signed by Magistrate Judge Bruce E. Reinhart on 5/11/2021. (hk02)
May 10, 2021 Opinion or Order Filing 36 ORDER SCHEDULING MEDIATION before Jack Day Mediation Hearing set for 10/7/2021 01:30 PM Signed by Judge Rodolfo A. Ruiz, II on 5/6/2021. See attached document for full details. (ebz)
May 5, 2021 Filing 35 NOTICE by The Bank of New York re #24 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, (Attachments: #1 Text of Proposed Order Order Scheduling Mediation) (O'Malley, Drew)
May 5, 2021 Filing 34 NOTICE of Striking #31 Notice of Mediator Selection and/or Hearing filed by Jack Day by The Bank of New York (O'Malley, Drew)
May 5, 2021 Opinion or Order Filing 33 ORDER REFERRING MOTIONS #7 MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction filed by Judith Cook, #6 MOTION to Remand to State Court filed by Judith Cook. Motions referred to Judge Bruce E. Reinhart. Signed by Judge Rodolfo A. Ruiz, II on 5/4/2021. See attached document for full details. (ebz)
May 4, 2021 Filing 32 Clerks Notice to Filer re #31 Notice of Mediator Selection and/or Hearing. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (ebz)
May 4, 2021 Filing 31 STRICKEN NOTICE of Mediator Selection and Hearing. Selected/Added Jack Day as Mediator. Mediation Hearing set for 10/07/2021 at 1:30 p.m.. (O'Malley, Drew) Modified per DE#34 Notice of Striking on 5/5/2021 (ebz).
April 26, 2021 Filing 30 RESPONSE in Opposition re #7 MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction filed by The Bank of New York. Replies due by 5/3/2021. (O'Malley, Drew)
April 26, 2021 Filing 29 RESPONSE in Opposition re #6 MOTION to Remand to State Court filed by The Bank of New York. Replies due by 5/3/2021. (Attachments: #1 Exhibit A, #2 Exhibit B)(O'Malley, Drew)
April 16, 2021 Opinion or Order Filing 28 PAPERLESS ORDER granting #25 Defendant's Motion for Extension of Time to Respond to Plaintiffs' Motions for Remand. Defendant shall file its Response to #6 #7 Plaintiffs' Motions for Remand on or before April 26, 2021. Signed by Judge Rodolfo A. Ruiz, II on 4/16/2021. (kbm)
April 15, 2021 Opinion or Order Filing 27 STANDING DISCOVERY ORDER for Magistrate Judge Bruce Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 4/15/2021. See attached document for full details. (lk)
April 15, 2021 Opinion or Order Filing 26 ORDER Setting Discovery Status Conference: Status Conference Re: Discovery Matters set for 9/21/2021 02:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 4/15/2021. See attached document for full details. (lk)
April 15, 2021 Filing 25 MOTION for Extension of Time to File Response/Reply/Answer as to #7 MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction, #6 MOTION to Remand to State Court by The Bank of New York. (Attachments: #1 Text of Proposed Order Proposed Order)(O'Malley, Drew)
April 13, 2021 Opinion or Order Filing 24 ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE (Jury Trial set for 2/14/2022 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 2/8/2022 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 5/25/2021., Discovery due by 10/19/2021., Expert Discovery due by 10/19/2021., Fact Discovery due by 10/19/2021., Joinder of Parties due by 5/25/2021., Mediation Deadline 10/26/2021., In Limine Motions due by 11/30/2021., Dispositive Motions due by 11/2/2021., Motions due by 11/2/2021., Joint Pretrial Stipulation due by 11/30/2021), ORDER REFERRING CASE to Mediation. (Mediation Deadline 10/26/2021), ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 4/13/2021. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
April 12, 2021 Filing 23 Joint SCHEDULING REPORT - Rule 16.1 by The Bank of New York (O'Malley, Drew)
April 9, 2021 Filing 22 Certificate of Other Affiliates/Corporate Disclosure Statement by The Bank of New York identifying Corporate Parent The Bank of New York Mellon Corporation, Other Affiliate The Bank of New York Mellon, formerly known as The Bank of New York for The Bank of New York (O'Malley, Drew)
April 9, 2021 Filing 21 Clerks Notice to Filer re #20 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. (ebz)
April 9, 2021 Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement by The Bank of New York identifying Other Affiliate The Bank of New York Mellon Corporation for The Bank of New York (O'Malley, Drew)
April 6, 2021 Filing 19 REPORT REGARDING [Removal Status Report] by The Bank of New York (O'Malley, Drew)
April 4, 2021 Filing 18 NOTICE by Judith Cook of Untimely Removals to Avoid Evidentiary Hearings in State Court (Segal, Lee)
April 4, 2021 Filing 17 NOTICE by Judith Cook re #6 MOTION to Remand to State Court of Santucci Affidavit Admitting Merger (Attachments: #1 Exhibit) (Segal, Lee)
April 4, 2021 Filing 16 AFFIDAVIT of Lee Segal signed by: Lee Segal re #6 MOTION to Remand to State Court by Judith Cook (Attachments: #1 Exhibit)(Segal, Lee)
April 3, 2021 Filing 15 AFFIDAVIT signed by: Elizabeth Ostermann re #6 MOTION to Remand to State Court by Judith Cook (Attachments: #1 Exhibit)(Segal, Lee)
April 3, 2021 Filing 14 NOTICE by Judith Cook of Broward Case (Attachments: #1 Exhibit) (Segal, Lee)
April 3, 2021 Filing 13 NOTICE by Judith Cook of Aviram Case (Attachments: #1 Exhibit) (Segal, Lee)
April 3, 2021 Filing 12 NOTICE by Judith Cook of BONYM Service Challenges (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Segal, Lee)
April 3, 2021 Filing 11 NOTICE by Judith Cook re #6 MOTION to Remand to State Court of BONYM Court Filings (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Segal, Lee)
April 3, 2021 Filing 10 AFFIDAVIT of Darrin Mish signed by: Darrin Mish re #6 MOTION to Remand to State Court by Judith Cook (Attachments: #1 Exhibit)(Segal, Lee)
April 3, 2021 Filing 9 NOTICE by Judith Cook of BONYM SEC Filings (Attachments: #1 Exhibit, #2 Exhibit) (Segal, Lee)
April 3, 2021 Filing 8 NOTICE by Judith Cook of BONY Annual Reports from 1995-2020 (Attachments: #1 Exhibit) (Segal, Lee)
April 3, 2021 Filing 7 MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction by Judith Cook. (Segal, Lee)
April 3, 2021 Filing 6 MOTION to Remand to State Court by Judith Cook. (Segal, Lee)
March 24, 2021 Opinion or Order Filing 5 ORDER Requiring Joint Scheduling Report And Certificates Of Interested Parties. Joint Scheduling Report And Certificates Of Interested Parties due by 4/13/2021. Signed by Judge Rodolfo A. Ruiz, II on 3/23/2021. See attached document for full details. (kpe)
March 24, 2021 Opinion or Order Filing 4 ORDER Requiring Removal Status Report, ( Status Report due by 4/6/2021.) Signed by Judge Rodolfo A. Ruiz, II on 3/23/2021. See attached document for full details. (kpe)
March 22, 2021 Filing 3 NOTICE by The Bank of New York re #1 Notice of Removal (State Court Complaint), [Defendant's Notice of Filing Exhibit Inadvertently Omitted from Its Notice of Removal] (Attachments: #1 Exhibit A) (O'Malley, Drew)
March 22, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (kpe)
March 22, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-14540100, filed by THE BANK OF NEW YORK AS TRUSTEE FOR CERTIFICATEHOLDERS CWALT INC. ALTERNATIVE LOAN TRUST 2006-0A6 MORTGAGE PASS THROUGH CERTIFICATES SERIES 2006-OA6. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B - Part I, #4 Exhibit B - Part II, #5 Exhibit C)(O'Malley, Drew)

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Plaintiff: Wallace Cook
Represented By: Lee Segal
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Plaintiff: Judith Cook
Represented By: Lee Segal
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Defendant: The Bank of New York
Represented By: J Kirby McDonough
Represented By: Drew Patrick O'Malley
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