Keable v. U.S. Bank, N.A.
| Geoffrey Thomas Keable |
| U.S. Bank, N.A. |
| 9:2022cv80879 |
| June 13, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on August 8, 2022. A more recent docket listing may be available from PACER.
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Filing 16
ORDER ON MOTION TO DISMISS OR ALTERNATIVELY TO STAY,ORDER granting #5 Motion to Dismiss or Motion to Stay. Closing Case. Signed by Judge Donald M. Middlebrooks on 8/8/2022. See attached document for full details. (cqs)
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| Filing 15 REPLY to Response to Motion re #5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM or Alternatively MOTION to Stay Until Automatic Stay is Lifted filed by U.S. Bank, N.A.. (Bolz, Henry) |
| Reset Deadlines Per DE#14. Replies due by 8/1/2022. (cqs) |
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Filing 14
PAPERLESS ORDER granting in part #13 Unopposed Motion for Extension of Time. Defendant seeks an extension of time to file a reply in support of its Motion to Dismiss (DE #5 ) until August 4, 2022. Defendant's reply was due July 25, 2022. This motion, filed after the reply deadline, states only that counsel was traveling and had "internet issues," which does not constitute good cause to extend a deadline after its expiration. However, since the motion is unopposed, I will grant the motion in part. Defendant may file a reply on or by August 1, 2022. Signed by Judge Donald M. Middlebrooks on 7/28/2022. (ifr)
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| Filing 13 Unopposed 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 or Alternatively MOTION to Stay Until Automatic Stay is Lifted by U.S. Bank, N.A.. (Bolz, Henry) |
| Filing 11 RESPONSE in Opposition re #5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM or Alternatively MOTION to Stay Until Automatic Stay is Lifted filed by Geoffrey Thomas Keable. Replies due by 7/25/2022. (Caplan, Lawrence) |
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Filing 12
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 9/8/2022., Discovery due by 12/29/2022., Joinder of Parties due by 9/8/2022., In Limine Motions due by 1/12/2023., Dispositive Motions due by 1/12/2023., Motions due by 1/12/2023., Pretrial Stipulation due by 2/13/2023., Jury Trial set for 3/13/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 3/8/2023 01:15 PM before Judge Donald M. Middlebrooks.),. Signed by Magistrate Judge William Matthewman on 7/15/2022. See attached document for full details. (cds) #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 10 PAPERLESS Minute Entryfor proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 07/15/2022. The Court discussed whether parties would be added, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached. Written scheduling order and order of referral to mediation will be issued. Total time in court: 20 minutes. Attorney Appearance(s): Lawrence Allen Caplan, Henry H Bolz, IV. (Digital 15:30:49) (kza) |
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Filing 9
PAPERLESS ORDER granting #8 Motion for Extension of Time. Plaintiff seeks an unopposed extension of time to respond to Defendant's Motion to Dismiss from July 11, 2022 until July 21, 2022. Plaintiff represents that Plaintiff's counsel will be out of town from July 6, 2022 until July 13, 2022. Accordingly, I find good cause to grant the unopposed motion. Plaintiff must respond to the Motion to Dismiss (DE #5 ) on or by July 21, 2022. Signed by Judge Donald M. Middlebrooks on 7/5/2022. (ifr)
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| Filing 8 Agreed 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 or Alternatively MOTION to Stay Until Automatic Stay is Lifted by Geoffrey Thomas Keable. (Caplan, Lawrence) |
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Filing 7
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 7/15/2022 at 3:30 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 6/28/2022. (no00)
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Filing 6
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 3/13/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/8/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 6/27/2022. See attached document for full details. (cds) #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 5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM or Alternatively, MOTION to Stay Until Automatic Stay is Lifted ( Responses due by 7/11/2022) by U.S. Bank, N.A.. (Bolz, Henry) |
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Filing 4
PAPERLES ORDER granting in part #3 Defendant's Unopposed Motion for Extension of Time to Respond to Complaint. Defendant seeks an unopposed extension of time to respond to the Complaint from June 20, 2022 until July 5, 2022. In support, Defendant represents that the Parties are engaged in settlement discussions. While I encourage the Parties to continue their settlement negotiations, I do not view a possible settlement as grounds to unnecessarily delay litigation. Accordingly, I will grant the motion in part. Defendant must respond to the Complaint on or by June 27, 2022. Signed by Judge Donald M. Middlebrooks on 6/17/2022. (ifr)
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| Filing 3 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by U.S. Bank, N.A.. (Bolz, Henry) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (swr) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Action for Declaratory Relief) Filing fee $ 402.00 receipt number AFLSDC-15713516, filed by U.S. Bank, N.A.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Complaint and Other Documents)(Bolz, Henry) No Answer/Motion to Dismiss Filed. Modified Text on 6/14/2022 (swr). |
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| Plaintiff: Geoffrey Thomas Keable | |
| Represented By: | Lawrence Allen Caplan |
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| Defendant: U.S. Bank, N.A. | |
| Represented By: | Henry H Bolz, IV |
| Represented By: | Brendan I Herbert |
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