Weinraub v. Bank Of America, N.A.
| Adam Weinraub |
| Bank Of America, N.A. |
| 9:2024cv80825 |
| July 3, 2024 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 27, 2024. A more recent docket listing may be available from PACER.
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Filing 29
ORDER CLOSING CASE: Upon review, this case is DISMISSED WITHOUT PREJUDICE against Defendant, effective August 26, 2024, the date on which Plaintiff filed the Notice of Voluntary Dismissal [ECF No. 28]. Closing Case. (Without Prejudice) Signed by Judge Aileen M. Cannon on 8/27/2024. See attached document for full details. (scn)
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| Filing 28 NOTICE of Voluntary Dismissal by Adam Weinraub (Rosenthal, Stephen) |
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Filing 27
PAPERLESS ORDER granting Defendant's Unopposed Motion for Leave to File Excess Pages for Consolidated Motion to Dismiss. Defendant's forthcoming consolidated Motion to Dismiss shall not exceed thirty double-spaced pages (exclusive of title page, signature page, etc.). The briefing deadlines in the Court's previous Order 25 remain in effect. Signed by Judge Aileen M. Cannon on 8/23/2024. (jco)
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| Filing 26 Unopposed MOTION for Leave to File Excess Pages for Consolidated Motion to Dismiss by Bank Of America, N.A.. (Carlton, Clay) |
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Filing 25
PAPERLESS ORDER denying without prejudice Defendant's Motions to Dismiss #19 #20 . On or before August 28, 2024, Defendant shall file one consolidated Motion to Dismiss. Any request for leave to file an overlength motion shall be filed on or before August 22, 2024. Plaintiff shall respond to the forthcoming consolidated motion on or before September 18, 2024, with a reply due on or before October 8, 2024. This Order supersedes the Court's August 19, 2024, Order 22 . Signed by Judge Aileen M. Cannon on 8/20/2024. (jco)
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| Set Deadlines per DE#25: Motion to Dismiss due by 8/28/2024. Responses due by 9/18/2024. Replies due by 10/8/2024. (scn) |
| Filing 24 Joint SCHEDULING REPORT - Rule 16.1 by Adam Weinraub (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Rosenthal, Stephen) |
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Filing 23
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 8/19/2024.(jco)
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Filing 22
PAPERLESS ORDER granting Joint Motion for Extension of Time to File Response/Reply #18 . Plaintiff shall respond to Defendant's Motions to Dismiss #19 #20 on or before September 12, 2024. Defendant shall reply on or before October 3, 2024. Signed by Judge Aileen M. Cannon on 8/19/2024. (jco)
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| Reset Deadlines per DE#22 as to #20 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint and Improper Venue, #19 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM or, Alternatively, to Strike the Class Allegations. Responses due by 10/12/2024. Replies due by 10/3/2024. (scn) |
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Filing 21
ORDER OF RECUSAL. Judge Rodney Smith recused. Case reassigned to Judge Aileen M. Cannon for all further proceedings. Signed by Judge Rodney Smith on 8/16/2024. See attached document for full details. (jmd)
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| Filing 20 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint and Improper Venue by Bank Of America, N.A.. Responses due by 8/29/2024. (Attachments: #1 Exhibit 1 - Declaration of Phillip Edens, #2 Exhibit 2 - Declaration of Allison Gilliam)(Carlton, Clay) |
| Filing 19 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM or, Alternatively, to Strike the Class Allegations by Bank Of America, N.A.. Responses due by 8/29/2024. (Attachments: #1 Exhibit 1 - Declaration of Phillip Edens)(Carlton, Clay) |
| Filing 18 Joint MOTION for Extension of Time to File Response/Reply/Answer (Joint Motion to Set Briefing Schedule on Forthcoming Motions) by Adam Weinraub. (Rosenthal, Stephen) |
| Filing 17 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement (Certificate of Interested Persons) by Adam Weinraub identifying Corporate Parent Berkshire Hathaway Inc., Corporate Parent BAC North America Holding Company, Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation, Other Affiliate Dana Barnhill, Other Affiliate Lee Ann Duberstein, Other Affiliate Darryl Halprin, Other Affiliate Richard Halprin, Other Affiliate Barbara Korman, Other Affiliate Susan Lockhart, Other Affiliate David J. Weinraub for Adam Weinraub (Rosenthal, Stephen) |
| Filing 16 Clerk's Notice to Filer re #15 Notice (Other). 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. (wce) |
| Filing 15 Plaintiff's NOTICE of Certificate of Interested Persons by Adam Weinraub (Rosenthal, Stephen) |
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Filing 14
ORDER OF RECUSAL. Judge Donald M. Middlebrooks recused. Case reassigned to Judge Rodney Smith for all further proceedings. Signed by Judge Donald M. Middlebrooks on 8/2/2024. See attached document for full details. (jmd)
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| Filing 13 NOTICE of Attorney Appearance by Matthew Michael Papkin on behalf of Bank Of America, N.A.. Attorney Matthew Michael Papkin added to party Bank Of America, N.A.(pty:dft). (Papkin, Matthew) |
| Filing 12 NOTICE of Attorney Appearance by Justin M. L. Stern on behalf of Bank Of America, N.A.. Attorney Justin M. L. Stern added to party Bank Of America, N.A.(pty:dft). (Stern, Justin) |
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Filing 11
PAPERLESS ORDER granting in part #10 Defendant's Unopposed Motion for Extension of Time. Defendant seeks a 30-day extension of time to respond to Plaintiff's Complaint, from August 1, 2024, to September 3, 2024. In support, Defendant merely states that counsel was just retained and is in the process of investigating the factual allegations contained within the nationwide putative class action Complaint. I do not find such vague representations to constitute good cause warranting an extension of time. However, because the requested relief is unopposed, I will grant it in part. Defendant shall respond to the Complaint by August 15, 2024. I caution counsel for Defendant that future motions for extensions of time lacking detailed factual support will be denied. Signed by Judge Donald M. Middlebrooks on 7/31/2024. (mjn)
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| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Bank Of America, N.A.. (Attachments: #1 Text of Proposed Order)(Carlton, Clay) |
| Filing 9 Corporate Disclosure Statement by Bank Of America, N.A. identifying Corporate Parent Bank of America Corporation, Other Affiliate BAC North America Holding Company, Other Affiliate Berkshire Hathaway Inc., Other Affiliate NB Holdings Corporation for Bank Of America, N.A. (Carlton, Clay) |
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Filing 8
ORDER OF RECUSAL. Judge Raag Singhal recused. Case reassigned to Judge Donald M. Middlebrooks for all further proceedings. Signed by Judge Raag Singhal on 7/10/2024. See attached document for full details. (yar)
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| Filing 7 Summons Issued as to Bank Of America, N.A.(wce) |
| Filing 6 NOTICE of Filing Proposed Summons(es) in a Civil Action by Adam Weinraub (Rosenthal, Stephen) |
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Filing 5
ORDER REQUIRING SCHEDULING REPORT: Within twenty (20) days of an appearance by a Defendant in this case, the parties are directed to prepare and file a joint scheduling report, as required by Local Rule 16.1. Signed by Judge Raag Singhal on 7/9/2024. See attached document for full details. (wce)
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Filing 4
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 7/9/2024. (jgr)
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| Filing 3 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses). Motions for Extension of Time Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Labeling Exhibits on CM/ECF Exhibits to pleadings and motions shall be docketed in accordance with the Court's CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Notices of Settlement Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 7/9/2024. (jgr) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (wce) |
| Filing 1 COMPLAINT Class Action Complaint against Bank Of America, N.A.. Filing fees $ 405.00 receipt number AFLSDC-17655663, filed by Adam Weinraub. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Rosenthal, Stephen) |
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