B-SMITH ENTERPRISES, LP v. Bank Of America, N.A.
| B-SMITH ENTERPRISES, LP |
| Bank Of America, N.A. |
| 9:2021cv80674 |
| April 8, 2021 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| William Matthewman |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on June 3, 2021. A more recent docket listing may be available from PACER.
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Filing 28
ORDER granting #19 Motion to Stay. Signed by Judge Donald M. Middlebrooks on 6/3/2021. See attached document for full details. (jao)
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| Filing 27 Initial Disclosure(s) by B-SMITH ENTERPRISES, LP (Berger, William) |
| Filing 26 RESPONSE in Support re #19 Renewed MOTION to Stay re #18 MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM PLAINTIFF'S NON-OPPOSITION TO RENEWED MOTION TO STAY DISCOVERY PENDING COURT DETERMINATION OF MOTION TO DISMISS AMENDED COMPLAINT AND FOR RELATED RELIEF filed by B-SMITH ENTERPRISES, LP. (Berger, William) |
| Filing 25 RESPONSE in Opposition re #18 MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM PLAINTIFF'S MEMORANDUM OF LAW OPPOSING DEFENDANT'A MOITON TO DISMISS FIRST AMENDED COMPLAINT filed by B-SMITH ENTERPRISES, LP. Replies due by 6/8/2021. (Berger, William) |
| Filing 24 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Lucy Chernow Brown. (Berger, William) |
| Filing 23 Clerks Notice to Filer re #22 Notice (Other). Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (jao) |
| Filing 22 NOTICE by B-SMITH ENTERPRISES, LP NOTICE OF MEDIATOR SELECTION (Berger, William) |
| Filing 21 Case Reassignment of Paired Magistrate Judge to Magistrate Judge William Matthewman. Magistrate Judge Dave Lee Brannon no longer assigned to case. (yar) |
| Filing 20 Joint SCHEDULING REPORT - Rule 26(f) by Bank Of America, N.A. (Parrino, Marc) |
| Filing 19 Renewed MOTION to Stay re #18 MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Bank Of America, N.A.. Responses due by 6/1/2021 (Attachments: #1 Exhibit A, #2 Exhibit Composite B, #3 Exhibit Composite C)(Parrino, Marc) |
| Filing 18 MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Bank Of America, N.A.. Responses due by 6/1/2021 (Attachments: #1 Exhibit A)(Parrino, Marc) |
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Filing 17
PRETRIAL SCHEDULING ORDERAND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 7/12/2021., Discovery due by 11/1/2021., Joinder of Parties due by 7/12/2021., In Limine Motions due by 11/15/2021., Dispositive Motions due by 11/15/2021., Motions due by 11/15/2021., Pretrial Stipulation due by 12/20/2021., Jury Trial set for 1/18/2022 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 1/12/2022 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Magistrate Judge Dave Lee Brannon on 5/11/2021. See attached document for full details. (jao) #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.
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Filing 16
PAPERLESS ORDER denying as moot #11 Defendant's Motion to Dismiss; denying as moot #12 Defendant's Motion to Stay. In light of Plaintiff's First Amended Complaint (DE #15 ), Defendant's Motion to Dismiss (DE #11 ) and its Motion to Stay (DE #12 ), which is based upon that Motion to Dismiss, are denied as moot. Signed by Judge Donald M. Middlebrooks on 5/5/2021. (apo)
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| Filing 15 First AMENDED COMPLAINT against Bank Of America, N.A., filed by B-SMITH ENTERPRISES, LP. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Berger, William) |
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Filing 14
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 1/18/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 1/12/2022 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. Signed by Judge Donald M. Middlebrooks on 5/5/2021. See attached document for full details. (mc) #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.
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| Filing 13 RESPONSE in Support re #12 MOTION to Stay re #11 MOTION to Dismiss with Prejudice #10 Notice (Other) Bank of America, N.A.'s Motion to Dismiss the Complaint [See ECF 10 at Exhibit A] Defendant's Motion to Stay Discovery Pending Court Determination PLAINTIFF'S CONSENT TO DEFENDANT'S MOTION TO STAY DISCOVERY PENDING COURT DETERMINATION OF MOTION TO DISMISS COMPLAINT AND FOR RELATED RELIEF filed by B-SMITH ENTERPRISES, LP. (Berger, William) |
| Filing 12 MOTION to Stay re #11 MOTION to Dismiss with Prejudice #10 Notice (Other) Bank of America, N.A.'s Motion to Dismiss the Complaint [See ECF 10 at Exhibit A] Defendant's Motion to Stay Discovery Pending Court Determination of Motion to Dismiss Complaint and for Related Relief by Bank Of America, N.A.. Responses due by 5/7/2021 (Kaufman, Dora) |
| Filing 11 MOTION to Dismiss with Prejudice #10 Notice (Other) Bank of America, N.A.'s Motion to Dismiss the Complaint [See ECF 10 at Exhibit A] by Bank Of America, N.A.. Responses due by 5/5/2021 (Kaufman, Dora) |
| Filing 10 NOTICE by Bank Of America, N.A. re 8 Order,,,,,, Set/Reset Deadlines,,,,, Bank of America, N.A.'s Amended Notice of Removal (In Compliance with April 14, 2021 Paperless Order [ECF 8] (Kaufman, Dora) |
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Filing 9
PAPERLESS ORDER granting in part #7 Defendant's Motion for Clarification and Confirmation. Prior to removal, the state court entered an agreed order extending the deadline for Defendant to respond to the Complaint to April 29, 2021. (DE #1 at 72). Defendant seeks an order "clarifying and confirming the effectiveness of the State Court's... Order" or, alternatively, an extension of the deadline until April 29, 2021. (DE #7 at 2). Notwithstanding the state court order, the deadline for Defendant to respond to the Complaint is now April 15, 2021. See Fed. R. Civ. P. 81(c)(2). As such, I have construed Defendant's Motion for Clarification and Confirmation as a Motion for Extension of Time. In support, Defendant asserts that "additional time to research and analyze the claims... (and related substantial records pertaining to multiple bank accounts), and respond to the Complaint... is necessary." (DE #7 at 2). Motions to extend litigation deadlines must set forth good cause supported by specific facts. Defendant's Motion is supported by a single conclusory assertion which provides little to no basis upon which to evaluate whether good cause exists to grant the requested relief. Nevertheless, I will grant the Motion in part and extend the deadline for Defendant to respond to the Complaint to April 22, 2021. Future requests for extensions will be denied unless the moving party can establish that a particular deadline could not be met despite diligent efforts. Signed by Judge Donald M. Middlebrooks on 4/15/2021. (kal)
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Filing 8
PAPERLESS ORDER regarding #6 Defendant's Amended Notice of Removal. Because Defendant's Notice of Removal (DE #1 ) asserted that this Court has subject matter jurisdiction over this case based on diversity but did not allege the facts necessary to plead diversity, I entered an Order directing Defendant to file an Amended Notice of Removal by April 13, 2021. (See DE 5 ). The Amended Notice of Removal and its exhibits suggest that Defendant contacted Plaintiff to confirm the accuracy of its amended jurisdictional allegations regarding Plaintiff's citizenship and to obtain Plaintiff's consent to an extension of the April 13, 2021 deadline, but that Defendant had not yet received such confirmation or consent when it filed the Amended Notice of Removal. (See DE #6 ). I have therefore construed the Amended Notice of Removal as a Motion for Extension of Time. I will extend the deadline to file an Amended Notice of Removal to April 21, 2021, in order to allow Defendant to confirm the accuracy of its amended jurisdictional allegations. The Amended Notice of Removal must comply with the instructions set forth in my previous Order (DE 5 ). Failure to timely comply with this Order will result in remand, and I will not further extend this deadline absent a compelling showing of good cause supported by specific facts. Signed by Judge Donald M. Middlebrooks on 4/14/2021. (kal)
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| Filing 7 MOTION for clarification #1 Notice of Removal (State Court Complaint) Motion for Clarification and Confirmation of Court-Ordered and Stipulated Deadline for Defendant's Response to Complaint by Bank Of America, N.A.. Responses due by 4/28/2021 (Kaufman, Dora) |
| Filing 6 AMENDED NOTICE OF REMOVAL against B-SMITH ENTERPRISES, LP, filed by Bank Of America, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Kaufman, Dora) |
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Filing 5
PAPERLESS ORDER REQUIRING AMENDED NOTICE OF REMOVAL. In its Notice of Removal (DE #1 ), Defendant asserts that this Court has subject matter jurisdiction over this case based on diversity but does not allege the facts necessary to plead diversity. Specifically, the party asserting diversity must provide the citizenship of all the partners of a limited partnership ("LP") party. See Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990). Defendant alleges that Plaintiff is an LP but fails to provide the citizenship of each of Plaintiff's partners, which is necessary to determine Plaintiff's citizenship for purposes of diversity. (DE #1 at 2). Therefore, on or before April 13, 2021, Defendant shall file an Amended Notice of Removal that clearly states how many partners Plaintiff has, identifies each partner, and provides the proper citizenship of each partner, and thus clearly establishes diversity jurisdiction. Failure to timely comply with this order will result in remand. Signed by Judge Donald M. Middlebrooks on 4/9/2021. (kal)
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| Filing 4 NOTICE by Bank Of America, N.A. of Filing Civil Cover Sheet (Parrino, Marc) |
| 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. (jao) |
| 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. (jao) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-14589908, filed by Bank Of America, N.A..(Parrino, Marc) (No Answer and/or Motion to Dismiss Filed) Modified on 4/8/2021 (jao). |
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| Defendant: Bank Of America, N.A. | |
| Represented By: | Marc Thomas Parrino |
| Represented By: | Shannon Dobel |
| Represented By: | Dora Faye Kaufman |
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| Plaintiff: B-SMITH ENTERPRISES, LP | |
| Represented By: | William Joseph Berger |
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