Jones Real Estate, Inc. v. American Bankers Insurance Company of Florida et al
Plaintiff: Jones Real Estate, Inc.
Defendant: The CIT Group, Inc., Avatel Technologies, Inc. and CIT Bank, N.A.
Case Number: 1:2018cv01949
Filed: March 5, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: P Kevin Castel
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 14, 2019 Filing 111 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Francis J. Flynn, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17086220. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jones Real Estate, Inc.. (Attachments: #1 Affidavit Affidavit in Support of Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing in Missouri, #3 Exhibit Certificate of Good Standing in Illinois, #4 Exhibit Certificate of Good Standing - Illinois, #5 Text of Proposed Order Proposed Order)(Flynn, Francis) Modified on 6/14/2019 (bcu).
June 14, 2019 Opinion or Order Filing 110 ORDER granting #109 Motion for Tiffany Marko Yiatras to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
June 14, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #111 MOTION for Francis J. Flynn, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17086220. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. We do not except them from a state bar association.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
June 13, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #109 MOTION for Tiffany Marko Yiatras to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17073018. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
June 12, 2019 Filing 109 MOTION for Tiffany Marko Yiatras to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17073018. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jones Real Estate, Inc.. (Attachments: #1 Affidavit Affidavit in Support of Motion for Pro Hac Vice, #2 Exhibit Good Standing Certificate from Illinois, #3 Exhibit Good Standing Certificate from Missouri, #4 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice)(Yiatras, Tiffany)
May 13, 2019 Opinion or Order Filing 108 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: CIT shall file its answer on or before May 15, 2019. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motions to amend or join additional parties must be made within 30 days of this order. Deposition due by 3/1/2020. Fact Discovery due by 3/1/2020. Expert Discovery due by 4/30/2020. Discovery due by 3/1/2020. This action is to be tried to the Court. Direct testimony by affidavit shall be submitted in the manner set forth in the Court's Individual Practices by the Final Pretrial Submission Date. Case Management Conference set for 3/27/2020 at 11:00 AM before Judge P. Kevin Castel. Motions due by 12/13/2019, and as further set forth in this order. (Signed by Judge P. Kevin Castel on 5/13/2019) (jwh) Modified on 5/16/2019 (Landers, Rigoberto).
May 10, 2019 Filing 107 LETTER addressed to Judge P. Kevin Castel from Robert J. Burns dated May 10, 2019 re: (JOINT) Submission of a Revised Proposed Civil Case Management Plan and Scheduling Order. Document filed by CIT Bank, N.A.. (Attachments: #1 Text of Proposed Order)(Burns, Robert)
May 10, 2019 Filing 106 ANSWER to #92 Amended Complaint,. Document filed by CIT Bank, N.A..(Burns, Robert)
March 12, 2019 Opinion or Order Filing 105 OPINION AND ORDER re: #96 MOTION to Dismiss Plaintiff's Second Amended Complaint; #94 MOTION to Dismiss Plaintiff's Second Amended Complaint: The motions to dismiss are DENIED with respect to Count I (as asserted against CIT Bank) and GRANTED with respect to the remaining claims and parties, including all claims against CIT Group and Avatel. The Clerk is respectfully directed to terminate the motions (Docs. 55, 94, 96). (Signed by Judge P. Kevin Castel on 3/12/2019) (jwh)
January 4, 2019 Filing 104 MEMO ENDORSEMENT on re: #103 Letter filed by The CIT Group, Inc., CIT Bank, N.A. ENDORSEMENT: Application granted. (Attorney Gregory J. Digel terminated.) (Signed by Judge P. Kevin Castel on 1/3/2019) (jwh)
January 2, 2019 Filing 103 LETTER addressed to Judge P. Kevin Castel from Robert J. Burns dated January 2, 2019 re: withdrawal of appearance of Gregory J. Digel. Document filed by CIT Bank, N.A., The CIT Group, Inc..(Burns, Robert)
June 11, 2018 Filing 102 MEMORANDUM OF LAW in Support re: #96 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by CIT Bank, N.A.. (Burns, Robert)
June 11, 2018 Filing 101 REPLY MEMORANDUM OF LAW in Support re: #94 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by The CIT Group, Inc.. (Burns, Robert)
June 4, 2018 Filing 100 MEMORANDUM OF LAW in Opposition re: #96 MOTION to Dismiss Plaintiff's Second Amended Complaint., #94 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by Jones Real Estate, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Whittemore, Jason)
May 29, 2018 Filing 99 MEMO ENDORSEMENT on re: #98 Letter, filed by Avatel Technologies, Inc.. ENDORSEMENT: Avatel's Motion to Dismiss the First Amended Complaint (Doc #55) is deemed WITHDRAWN and terminated. The letter of May 29, 2018 (Doc #98) will be deemed the filing of a Motion to Dismiss the Second Amended Complaint (Count VIII). The parties have indicated their intent to rely exclusively on the briefing submitted on the earlier (and now withdrawn) motion. (Signed by Judge P. Kevin Castel on 5/29/2018) (kgo)
May 29, 2018 Filing 98 JOINT LETTER addressed to Judge P. Kevin Castel from Randall Love dated May 21, 2018 re: Defendant Avatel's Motion to Dismiss Second Amended Complaint, plaintiff's Memorandum in Opposition and Avatel's Reply Memorandum. Document filed by Avatel Technologies, Inc..(Love, Randall)
May 25, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Randall Jay Love to RE-FILE Document #93 JOINT LETTER MOTION for Conference re: #92 Amended Complaint, addressed to Judge P. Kevin Castel from Randall Love dated May 21, 2018. Use the event type Letter found under the event list Other Documents. (ldi)
May 21, 2018 Filing 97 MEMORANDUM OF LAW in Support re: #96 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by CIT Bank, N.A.. (Burns, Robert)
May 21, 2018 Filing 96 MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by CIT Bank, N.A.. Responses due by 6/4/2018(Burns, Robert)
May 21, 2018 Filing 95 MEMORANDUM OF LAW in Support re: #94 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by The CIT Group, Inc.. (Burns, Robert)
May 21, 2018 Filing 94 MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by The CIT Group, Inc.. Responses due by 6/4/2018(Burns, Robert)
May 21, 2018 Filing 93 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT LETTER MOTION for Conference re: #92 Amended Complaint, addressed to Judge P. Kevin Castel from Randall Love dated May 21, 2018. Document filed by Avatel Technologies, Inc..(Love, Randall) Modified on 5/25/2018 (ldi).
April 30, 2018 Filing 92 SECOND AMENDED COMPLAINT amending #47 Amended Complaint against Avatel Technologies, Inc., CIT Bank, N.A., The CIT Group, Inc. with JURY DEMAND.Document filed by Jones Real Estate, Inc.. Related document: #47 Amended Complaint. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Whittemore, Jason)
April 16, 2018 Opinion or Order Filing 91 ORDER FOLLOWING PRETRIAL CONFERENCE: As a result of a Pre-Trial Conference held before the Court today, the following is ORDERED: 1. Plaintiff withdraws its unjust enrichment claim against any and all defendants. 2. Plaintiffs may amend its pleading within 14 days of this Order to address arguments raised in the pending motions to dismiss. 3. Defendants motions to dismiss are deemed withdrawn. Avatel may reassert its motion addressed to the amended pleading by letter within 21 days of the amended pleading. The CIT defendants may move within 21 days of the filing of the amended pleading. Plaintiffs response due 14 days thereafter and reply 7 days after that. 4. Discovery is stayed until the motion to dismiss is decided. (Signed by Judge P. Kevin Castel on 4/16/2018) (cf)
April 16, 2018 Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 4/16/2018. See, Order Following Pretrial Conference. (Nacanther, Florence)
April 6, 2018 Filing 90 JOINT LETTER addressed to Judge P. Kevin Castel from Jason Whittemore, Gregory Digel, Randall Love dated April 6, 2018 re: Joint letter per Initial Pretrial Conference Order. Document filed by Jones Real Estate, Inc..(Whittemore, Jason)
March 30, 2018 Filing 89 NOTICE OF APPEARANCE by Randall Jay Love on behalf of Avatel Technologies, Inc.. (Love, Randall)
March 28, 2018 Filing 88 NOTICE OF APPEARANCE by Cynthia G. Burnside on behalf of CIT Bank, N.A., The CIT Group, Inc.. (Burnside, Cynthia)
March 28, 2018 Filing 87 NOTICE OF APPEARANCE by Gregory J. Digel on behalf of CIT Bank, N.A., The CIT Group, Inc.. (Digel, Gregory)
March 27, 2018 Filing 86 NOTICE OF APPEARANCE by Jason Kyle Whittemore on behalf of Jones Real Estate, Inc.. (Whittemore, Jason)
March 26, 2018 Opinion or Order Filing 85 ORDER granting #84 Motion for Jason K. Whittemore to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
March 22, 2018 Filing 84 MOTION for Jason K. Whittemore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14840809. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jones Real Estate, Inc.. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Whittemore, Jason)
March 22, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #84 MOTION for Jason K. Whittemore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14840809. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
March 19, 2018 Opinion or Order Filing 83 ORDER granting #80 Motion for Cynthia G. Burnside to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
March 19, 2018 Opinion or Order Filing 82 ORDER granting #79 Motion for Randall Jay Love to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
March 19, 2018 Opinion or Order Filing 81 ORDER granting #78 Motion for Gregory J. Digel to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
March 19, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #80 MOTION for Cynthia G. Burnside to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14823970. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 16, 2018 Filing 80 MOTION for Cynthia G. Burnside to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14823970. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CIT Bank, N.A., The CIT Group, Inc.. (Attachments: #1 Text of Proposed Order)(Burnside, Cynthia)
March 16, 2018 Filing 79 AMENDED MOTION for Randall Jay Love to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avatel Technologies, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Love, Randall)
March 16, 2018 Filing 78 MOTION for Gregory J. Digel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14821073. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CIT Bank, N.A., The CIT Group, Inc.. (Attachments: #1 Text of Proposed Order)(Digel, Gregory)
March 16, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #78 MOTION for Gregory J. Digel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14821073. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
March 16, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #79 AMENDED MOTION for Randall Jay Love to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
March 14, 2018 Filing 77 NOTICE OF APPEARANCE by Paul C. Whalen on behalf of Jones Real Estate, Inc.. (Whalen, Paul)
March 13, 2018 Filing 76 MEMO ENDORSEMENT on re: #75 Letter filed by The CIT Group, Inc. CIT Bank, N.A. ENDORSEMENT: Withdrawal of challenge to personal jurisdiction is GRANTED. The Court will advise, when as and if it concludes oral argument would be useful in resolving the motion. (Signed by Judge P. Kevin Castel on 3/13/2018) (cf)
March 12, 2018 Filing 75 LETTER addressed to Judge P. Kevin Castel from Robert J. Burns dated March 12, 2018 re: request for oral argument on pending motions to dismiss. Document filed by CIT Bank, N.A., The CIT Group, Inc..(Burns, Robert)
March 9, 2018 Filing 74 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Randall Jay Love to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14793084. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avatel Technologies, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Love, Randall) Modified on 3/9/2018 (ma).
March 9, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #74 MOTION for Randall Jay Love to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14793084. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): THE CERTIFICATE OF GOOD STANDING MUST BE ISSUED BY THE SUPREME COURT OF FLORIDA.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
March 8, 2018 Filing 73 NOTICE OF APPEARANCE by Robert Joseph Burns on behalf of CIT Bank, N.A., The CIT Group, Inc.. (Burns, Robert)
March 8, 2018 Opinion or Order Filing 72 ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/16/2018 at 11:15 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 3/8/2018) (cf)
March 5, 2018 Filing 71 CASE TRANSFERRED IN from the United States District Court - District of Florida Southern; Case Number: 1:17-cv-23933. Original file certified copy of transfer order and docket entries received. (sjo)
March 5, 2018 Case Designated ECF. (sjo)
March 5, 2018 Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sjo)
March 5, 2018 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
March 5, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sjo)
March 1, 2018 Opinion or Order Filing 70 ORDER granting #37 Motion to Change Venue. Signed by Magistrate Judge John J. O'Sullivan on 3/1/2018. (mkr) [Transferred from Florida Southern on 3/5/2018.]
March 1, 2018 Civil Case Terminated. Closing Case. See #70 Order on Motion to Transfer Venue. (mkr) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. [Transferred from Florida Southern on 3/5/2018.]
February 20, 2018 Filing 69 REPLY to Response to Motion re #59 Defendant's MOTION TO DISMISS #47 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law filed by CIT Bank, N.A.. (Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
February 20, 2018 Filing 68 REPLY to Response to Motion re #58 Defendant's MOTION to Dismiss for Lack of Jurisdiction #47 Amended Complaint and to Dismiss Counts III, IV, V, VI, VII and VIII and Incorporated Memorandum of Law filed by The CIT Group, Inc.. (Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
February 19, 2018 Filing 67 MEMORANDUM of Law re #65 Response in Opposition to Motion,, #55 MOTION TO DISMISS #47 Amended Complaint FOR FAILURE TO STATE A CLAIM by Avatel Technologies, Inc.. (Love, Randall) [Transferred from Florida Southern on 3/5/2018.]
January 31, 2018 Filing 66 NOTICE of Mediator Selection. Added Jones Real Estate, Inc., DAVID H. LICHTER. (Whittemore, Jason) [Transferred from Florida Southern on 3/5/2018.]
January 30, 2018 Filing 65 RESPONSE in Opposition re #59 Defendant's MOTION TO DISMISS #47 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, #55 MOTION TO DISMISS #47 Amended Complaint FOR FAILURE TO STATE A CLAIM , #58 Defendant's MOTION to Dismiss for Lack of Jurisdiction #47 Amended Complaint and to Dismiss Counts III, IV, V, VI, VII and VIII and Incorporated Memorandum of Law filed by Jones Real Estate, Inc.. Replies due by 2/6/2018. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Whittemore, Jason) [Transferred from Florida Southern on 3/5/2018.]
January 17, 2018 Filing 64 REPLY to Response to Motion re #37 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law filed by The CIT Group, Inc.. (Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
January 17, 2018 Opinion or Order Filing 63 ORDER setting briefing schedule on motions to dismiss. Set/Reset Deadlines/Hearings as to #59 Defendant's MOTION TO DISMISS #47 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, #55 MOTION TO DISMISS #47 Amended Complaint FOR FAILURE TO STATE A CLAIM , #58 Defendant's MOTION to Dismiss for Lack of Jurisdiction #47 Amended Complaint and to Dismiss Counts III, IV, V, VI, VII and VIII and Incorporated Memorandum of Law.( Responses due by 1/30/2018, Replies due by 2/20/2018). Signed by Magistrate Judge John J. O'Sullivan on 1/17/2018. (mkr) [Transferred from Florida Southern on 3/5/2018.]
January 17, 2018 Opinion or Order Filing 62 ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge John J. O'Sullivan on 1/17/2018. (mkr) [Transferred from Florida Southern on 3/5/2018.]
January 17, 2018 Opinion or Order Filing 61 SCHEDULING ORDER: Final Pretrial Conference set for 7/17/2019 10:00 AM in Miami Division before Magistrate Judge John J. O'Sullivan. Jury Trial set for 8/19/2019 09:00 AM in Miami Division before Magistrate Judge John J. O'Sullivan. Calendar Call set for 8/14/2019 10:00 AM in Miami Division before Magistrate Judge John J. O'Sullivan. Amended Pleadings due by 3/19/2018. Signed by Magistrate Judge John J. O'Sullivan on 1/17/2018. (mkr) #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. [Transferred from Florida Southern on 3/5/2018.]
January 17, 2018 Filing 60 PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Status Conference held on 1/17/2018. Total time in court: 35 minutes. Attorney Appearance(s): Randall Jay Love, Cory William Eichhorn, Jason Kyle Whittemore. (Digital 10:32:00) (cg1) [Transferred from Florida Southern on 3/5/2018.]
January 16, 2018 Filing 59 Defendant's MOTION TO DISMISS #47 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by CIT Bank, N.A.. Attorney Cory William Eichhorn added to party CIT Bank, N.A. (pty:dft). Responses due by 1/30/2018 (Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
January 12, 2018 Filing 58 Defendant's MOTION to Dismiss for Lack of Jurisdiction #47 Amended Complaint and to Dismiss Counts III, IV, V, VI, VII and VIII and Incorporated Memorandum of Law by The CIT Group, Inc.. Responses due by 1/26/2018 (Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
January 12, 2018 Filing 57 Joint SCHEDULING REPORT - Rule 26(f) by Jones Real Estate, Inc. (Attachments: #1 Text of Proposed Order)(Whittemore, Jason) [Transferred from Florida Southern on 3/5/2018.]
January 11, 2018 Filing 56 WAIVER OF SERVICE Returned Executed by Jones Real Estate, Inc.. CIT Bank, N.A. waiver sent on 1/5/2018, answer due 3/6/2018. (Whittemore, Jason) [Transferred from Florida Southern on 3/5/2018.]
January 10, 2018 Filing 55 MOTION TO DISMISS #47 Amended Complaint FOR FAILURE TO STATE A CLAIM by Avatel Technologies, Inc.. Responses due by 1/24/2018 (Attachments: #1 Exhibit, #2 Exhibit)(Love, Randall) [Transferred from Florida Southern on 3/5/2018.]
January 10, 2018 Opinion or Order Filing 54 ORDER denying as moot #36 Motion to Dismiss for Lack of Jurisdiction; denying as moot #36 Motion to Dismiss for Failure to State a Claim; denying #38 Motion to Change Venue; denying as moot #39 Motion to Dismiss for Failure to State a Claim; denying #19 Motion to Dismiss for Lack of Jurisdiction; denying #20 Motion to Dismiss. Signed by Magistrate Judge John J. O'Sullivan on 1/10/2018. (mkr) [Transferred from Florida Southern on 3/5/2018.]
January 9, 2018 Filing 53 NOTICE by The CIT Group, Inc. of Change of E-Mail Address of Gregory J. Digel (Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
January 9, 2018 Opinion or Order Filing 52 ORDER granting #51 Motion for Extension of Time. Re: #37 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law filed by The CIT Group, Inc.. Replies due by 1/17/2018. Signed by Magistrate Judge John J. O'Sullivan on 1/9/2018. (mkr) [Transferred from Florida Southern on 3/5/2018.]
January 8, 2018 Filing 51 Defendant's MOTION for Extension of Time to File Reply in Support of Its Motion to Change Venue re #48 Response in Opposition to Motion, #37 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law by The CIT Group, Inc.. Responses due by 1/22/2018 (Attachments: #1 Text of Proposed Order)(Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
January 5, 2018 Opinion or Order Filing 50 ORDER granting #49 Motion to Extend Deadline to File Joint Scheduling Report and Proposed Joint Scheduling Order. Joint Scheduling Report due by 1/12/2018. Signed by Magistrate Judge John J. O'Sullivan on 1/5/2018. (mkr) [Transferred from Florida Southern on 3/5/2018.]
January 5, 2018 Filing 49 Joint MOTION to Extend Deadline to File Joint Scheduling Report and Proposed Joint Scheduling Order by The CIT Group, Inc.. (Attachments: #1 Text of Proposed Order)(Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
December 29, 2017 Filing 48 RESPONSE in Opposition re #37 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law filed by Jones Real Estate, Inc.. Replies due by 1/5/2018. (Whittemore, Jason) [Transferred from Florida Southern on 3/5/2018.]
December 29, 2017 Filing 47 First AMENDED COMPLAINT against Avatel Technologies, Inc., The CIT Group, Inc., filed by Jones Real Estate, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Whittemore, Jason) [Transferred from Florida Southern on 3/5/2018.]
December 22, 2017 Opinion or Order Filing 46 ORDER granting #45 Motion to Extend Deadline to File Joint Scheduling Report and Proposed Joint Scheduling Order. -Joint Scheduling Report due by 1/5/2018. Signed by Magistrate Judge John J. O'Sullivan on 12/22/2017. (mkr) [Transferred from Florida Southern on 3/5/2018.]
December 21, 2017 Filing 45 Joint MOTION to Extend Deadline to File Joint Scheduling Report and Proposed Joint Scheduling Order by The CIT Group, Inc.. (Attachments: #1 Text of Proposed Order)(Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
December 21, 2017 Opinion or Order Filing 44 ORDER Setting Status Conference: Status Conference set for 1/17/2018 10:30 AM in Miami Division before Magistrate Judge John J. O'Sullivan. Signed by Magistrate Judge John J. O'Sullivan on 12/21/2017. (mkr) [Transferred from Florida Southern on 3/5/2018.]
December 20, 2017 Opinion or Order Filing 43 ORDER REFERRING CASE to Magistrate Judge John J. O'Sullivan for adjudication of all pretrial motions, jury or non-jury trial on the merits, and all trial motions, including motions in limine. Judge Ursula Ungaro no longer assigned as presider judge in case. Signed by Judge Ursula Ungaro on 12/20/2017. (jas) [Transferred from Florida Southern on 3/5/2018.]
December 20, 2017 Filing 42 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by The CIT Group, Inc. (Attachments: #1 Text of Proposed Order)(Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
December 12, 2017 Opinion or Order Filing 41 ORDER ON EXTENSION OF TIME. ORDERED AND ADJUDGED that Plaintiff SHALL respond to Defendants Motions, D.E. 19, 20, 36, 37, 38 and 39, in one unified response no later than Friday, 12/29/2017. Plaintiffs response shall be no more than twenty-five (25) pages. It is further ORDERED AND ADJUDGED that Defendants SHALL file one unified reply no later than Wednesday, 1/10/2018. Defendants reply shall be no more than fifteen (15) pages. Responses due by 12/29/2017. Signed by Judge Ursula Ungaro on 12/12/2017. (jas) [Transferred from Florida Southern on 3/5/2018.]
December 7, 2017 Filing 40 Joint MOTION to Amend/Correct #20 Defendant's MOTION to Dismiss #1 Complaint, Count III and V of the Class Action Complaint, #37 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law, #38 MOTION to Change Venue and Joinder in Defendant CIT Group Inc.'s Motion to Transfer Venue, #39 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #19 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Joinder in Defendant American Bankers Insurance Company of Florida's Motion to Dismiss Counts III and V of the Class Action Complaint, #36 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, andDefendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Jones Real Estate, Inc.. Responses due by 12/21/2017 (Attachments: #1 Text of Proposed Order)(Whittemore, Jason) [Transferred from Florida Southern on 3/5/2018.]
December 6, 2017 Filing 39 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Avatel Technologies, Inc.. Responses due by 12/20/2017 (Attachments: #1 Exhibit)(Love, Randall) [Transferred from Florida Southern on 3/5/2018.]
December 4, 2017 Filing 38 MOTION to Change Venue and Joinder in Defendant CIT Group Inc.'s Motion to Transfer Venue by American Bankers Insurance Company of Florida, Assurant, Inc.. Responses due by 12/18/2017 (Reboso-Solares, Irma) [Transferred from Florida Southern on 3/5/2018.]
December 4, 2017 Filing 37 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law by The CIT Group, Inc.. Responses due by 12/18/2017 (Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
December 4, 2017 Filing 36 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and, Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM ( Responses due by 12/18/2017) by The CIT Group, Inc.. (Attachments: #1 Exhibit I - Jones Real Estate Lease Agreement Avaya, #2 Exhibit II - Declaration of Eric Mandelbaum 11-30-2017, #3 Exhibit III - Declaration of Steven Salisbury 11-30-2017)(Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
December 4, 2017 Opinion or Order Filing 35 ORDER granting #32 Motion for Reconsideration re #21 Order Directing Clerk to Enter Default,. Re: #21 Order Directing Clerk to Enter Default,. Signed by Judge Ursula Ungaro on 12/4/2017. (yha) [Transferred from Florida Southern on 3/5/2018.]
December 1, 2017 Opinion or Order Filing 34 ORDER granting #31 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Cynthia G. Burnside, Esq.. Signed by Judge Ursula Ungaro on 12/1/2017. (jas) [Transferred from Florida Southern on 3/5/2018.]
December 1, 2017 Opinion or Order Filing 33 ORDER granting #30 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Gregory J. Digel, Esq.. Signed by Judge Ursula Ungaro on 12/1/2017. (jas) [Transferred from Florida Southern on 3/5/2018.]
December 1, 2017 Filing 32 Defendant's MOTION for Reconsideration re #29 Order on Motion to Set Aside Default, by Avatel Technologies, Inc.. (Attachments: #1 Text of Proposed Order)(Love, Randall) [Transferred from Florida Southern on 3/5/2018.]
November 30, 2017 Filing 31 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Cynthia G. Burnside. Filing Fee $ 75.00 Receipt # 113C-10224438 by The CIT Group, Inc.. Responses due by 12/14/2017 (Attachments: #1 Text of Proposed Order)(Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
November 30, 2017 Filing 30 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gregory J. Digel. Filing Fee $ 75.00 Receipt # 113C-10224246 by The CIT Group, Inc.. Responses due by 12/14/2017 (Attachments: #1 Text of Proposed Order)(Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
November 30, 2017 Opinion or Order Filing 29 ORDER ON MOTION TO SET ASIDE CLERKS ENTRY OF DEFAULT; Denying Without Prejudice #27 Motion to Set Aside Default. If Defendant wishes to do so, it SHALL file a renewed motion to set aside default no later than Thursday, 12/7/2017, and shall attached a proposed Answer to its Motion. Signed by Judge Ursula Ungaro on 11/30/2017. (jas) [Transferred from Florida Southern on 3/5/2018.]
November 29, 2017 Filing 28 Corporate Disclosure Statement by Avatel Technologies, Inc. (Love, Randall) [Transferred from Florida Southern on 3/5/2018.]
November 29, 2017 Filing 27 MOTION to Set Aside Default by Avatel Technologies, Inc.. (Attachments: #1 Text of Proposed Order)(Love, Randall) [Transferred from Florida Southern on 3/5/2018.]
November 29, 2017 Filing 26 NOTICE of Attorney Appearance by Randall Jay Love on behalf of Avatel Technologies, Inc.. Attorney Randall Jay Love added to party Avatel Technologies, Inc. (pty:dft). (Love, Randall) [Transferred from Florida Southern on 3/5/2018.]
November 28, 2017 Opinion or Order Filing 25 ORDER SETTING ASIDE CLERKS DEFAULT; ORDERED AND ADJUDGED that the Clerks Entry of Default with respect to Defendants Assurant, Inc. and American Bankers Insurance Company of Florida is HEREBY VACATED. Plaintiff and Defendants and American Bankers must comply with the requirements of the Planning and Scheduling Order previously entered. The Clerks Entry of Default pertaining to Avatel SHALL NOT be vacated, and Plaintiff shall move for Final Default Judgment with respect to Avatel by 12/4/2017, as previously ordered by the Court. Signed by Judge Ursula Ungaro on 11/28/2017. (jas) [Transferred from Florida Southern on 3/5/2018.]
November 28, 2017 Filing 24 MOTION to Set Aside Default and to Partially Vacate the Order on Clerk's Entry of Default and Motion for Final Default Judgment by American Bankers Insurance Company of Florida, Assurant, Inc.. (Reboso-Solares, Irma) [Transferred from Florida Southern on 3/5/2018.]
November 27, 2017 Filing 23 CLERK'S NOTICE of Compliance re #21 Order Directing Clerk to Enter Default. (jas) [Transferred from Florida Southern on 3/5/2018.]
November 27, 2017 Filing 22 VACATED Per DE#25 Clerks Entry of Default as to American Bankers Insurance Co. of Florida, Avatel Technologies, Inc., Assurant, Inc. per Order Directing Clerk to Enter Default Re: #21 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 11/27/2017. (jas) Modified on 11/28/2017 (jas). [Transferred from Florida Southern on 3/5/2018.]
November 27, 2017 Opinion or Order Filing 21 ORDER ON CLERKS ENTRY OF DEFAULT AND MOTION FOR FINAL DEFAULT JUDGMENT Directing Clerk to Enter Default(s) as to American Bankers Insurance Company of Florida, Assurant, Inc., Avatel Technologies, Inc. Signed by Judge Ursula Ungaro on 11/27/2017. (jas) [Transferred from Florida Southern on 3/5/2018.]
November 27, 2017 Filing 20 Defendant's MOTION to Dismiss #1 Complaint, Count III and V of the Class Action Complaint by American Bankers Insurance Company of Florida. Responses due by 12/11/2017 (Attachments: #1 Exhibit A - Lease Agreement (redacted))(Reboso-Solares, Irma) [Transferred from Florida Southern on 3/5/2018.]
November 27, 2017 Filing 19 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Joinder in Defendant American Bankers Insurance Company of Florida's Motion to Dismiss Counts III and V of the Class Action Complaint by Assurant, Inc.. Responses due by 12/11/2017 (Attachments: #1 Affidavit Declaration of Jessica Olich)(Reboso-Solares, Irma) [Transferred from Florida Southern on 3/5/2018.]
November 20, 2017 Filing 18 Corporate Disclosure Statement by American Bankers Insurance Company of Florida, Assurant, Inc. identifying Corporate Parent Interfinancial, Inc., Corporate Parent American Bankers Insurance Group, Inc. for American Bankers Insurance Company of Florida (Burt, Franklin) [Transferred from Florida Southern on 3/5/2018.]
November 20, 2017 Filing 17 Clerks Notice to Filer re #13 Certificate of Interested Parties/Corporate Disclosure Statement. Parties Not Added; ERROR - The Filer failed to add all parties Filer is instructed to file a Notice of Entry of Parties/Mediator and add the additional parties. (jas) [Transferred from Florida Southern on 3/5/2018.] Modified on 3/5/2018 (sjo).
November 20, 2017 Opinion or Order Filing 16 ORDER granting #9 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document The CIT Group, Inc.. Answer due 12/4/2017. Re: #1 Complaint, filed by Jones Real Estate, Inc.. Signed by Judge Ursula Ungaro on 11/17/2017. (jt00) [Transferred from Florida Southern on 3/5/2018.]
November 17, 2017 Filing 15 ACKNOWLEDGMENT OF SERVICE Verified Return of Service for Assurant, Inc. filed by Jones Real Estate, Inc.. (Whittemore, Jason) [Transferred from Florida Southern on 3/5/2018.]
November 17, 2017 Filing 14 ACKNOWLEDGMENT OF SERVICE verified Return of Service for American Bankers Inc. Co of Florida filed by Jones Real Estate, Inc.. (Whittemore, Jason) [Transferred from Florida Southern on 3/5/2018.]
November 17, 2017 Filing 13 Corporate Disclosure Statement by American Bankers Insurance Company of Florida, Assurant, Inc. (Burt, Franklin) [Transferred from Florida Southern on 3/5/2018.]
November 17, 2017 Filing 12 ACKNOWLEDGMENT OF SERVICE as to #8 Order to Show Cause Verfied Return of Service for The CIT Group filed by Jones Real Estate, Inc.. (Whittemore, Jason) [Transferred from Florida Southern on 3/5/2018.]
November 17, 2017 Filing 11 ACKNOWLEDGMENT OF SERVICE as to #8 Order to Show Cause Verified Return of Service for Avatel Technologies filed by Jones Real Estate, Inc.. (Whittemore, Jason) [Transferred from Florida Southern on 3/5/2018.]
November 16, 2017 Filing 10 Corporate Disclosure Statement by The CIT Group, Inc. (Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
November 16, 2017 Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by The CIT Group, Inc.. Attorney Cory William Eichhorn added to party The CIT Group, Inc. (pty:dft). (Attachments: #1 Text of Proposed Order)(Eichhorn, Cory) [Transferred from Florida Southern on 3/5/2018.]
November 14, 2017 Opinion or Order Filing 8 ORDER TO SHOW CAUSE. Show Cause Response due by 11/20/2017. Signed by Judge Ursula Ungaro on 11/14/2017. (jas) [Transferred from Florida Southern on 3/5/2018.]
November 14, 2017 Opinion or Order Filing 7 ORDER granting in part and denying in part #6 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document American Bankers Insurance Company of Florida. Answer due 11/27/2017; Assurant, Inc.. Answer due 11/27/2017. Re: #1 Complaint, filed by Jones Real Estate, Inc.. Signed by Judge Ursula Ungaro on 11/14/2017. (jas) [Transferred from Florida Southern on 3/5/2018.]
November 13, 2017 Filing 6 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by American Bankers Insurance Company of Florida, Assurant, Inc.. Attorney Irma T. Reboso-Solares added to party American Bankers Insurance Company of Florida(pty:dft), Attorney Irma T. Reboso-Solares added to party Assurant, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Reboso-Solares, Irma) [Transferred from Florida Southern on 3/5/2018.]
November 6, 2017 Opinion or Order Filing 5 ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE: Scheduling Conference set for 1/5/2018 10:30 AM in Miami Division before Judge Ursula Ungaro. Joint Planning and Scheduling Report and Proposed Scheduling Order due by 12/22/2017. Signed by Judge Ursula Ungaro on 11/6/2017. (jas) #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. [Transferred from Florida Southern on 3/5/2018.]
October 27, 2017 Filing 4 Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Cause of Action when filing. The correction was made. It is not necessary to re-file this document. (lrz1) [Transferred from Florida Southern on 3/5/2018.]
October 27, 2017 Filing 3 Summons Issued as to American Bankers Insurance Company of Florida, Assurant, Inc., Avatel Technologies, Inc., The CIT Group, Inc. (lrz1) [Transferred from Florida Southern on 3/5/2018.]
October 26, 2017 Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. OSullivan 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. (lrz1) [Transferred from Florida Southern on 3/5/2018.]
October 26, 2017 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00. Pay.gov Agency Tracking ID 113C-10141778, payment transferred from : 1:17-cv-23932 Jones Real Estate, Inc. v AMerican Bankers Insurance Company, filed by Jones Real Estate, Inc. d/b/a Jones Realty. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet, #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s))(Whittemore, Jason) [Transferred from Florida Southern on 3/5/2018.]

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Search for this case: Jones Real Estate, Inc. v. American Bankers Insurance Company of Florida et al
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Defendant: The CIT Group, Inc.
Represented By: Cory William Eichhorn
Represented By: Cynthia G. Burnside
Represented By: Gregory J. Digel
Represented By: Robert Joseph Burns
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Defendant: Avatel Technologies, Inc.
Represented By: Randall Jay Love
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Defendant: CIT Bank, N.A.
Represented By: Cory William Eichhorn
Represented By: Cynthia G. Burnside
Represented By: Robert Joseph Burns
Represented By: Gregory J. Digel
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Plaintiff: Jones Real Estate, Inc.
Represented By: Jason Kyle Whittemore
Represented By: Tiffany MArko Yiatras
Represented By: Paul C. Whalen
Represented By: Francis J. Flynn, Jr
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