JPMCC 2006-CIBC FPG-STIP Portfolio LLC v. Proequity Asset Management Corporation
| JPMCC 2006-CIBC FPG-STIP Portfolio LLC |
| Proequity Asset Management Corporation |
| John Freud |
| 3:2023cv02858 |
| December 28, 2023 |
| US District Court for the Northern District of Texas |
| Sidney A Fitzwater |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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Filing 101
Order Administratively Closing Case. This case is stayed until March 15, 2024, so that the parties may complete the settlement and file appropriate dismissal papers. (Ordered by Senior Judge Sidney A Fitzwater on 2/12/2024) (ndt)
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| Filing 100 NOTICE of Settlement and Motion to Stay Case filed by JPMCC 2006-CIBC FPG-STIP Portfolio LLC (Attachments: #1 Proposed Order) (Cummings, Ashley) |
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Filing 99
TRIAL SETTING ORDER: Trial set for two-week docket beginning 4/7/2025 before Senior Judge Sidney A Fitzwater. (Ordered by Senior Judge Sidney A Fitzwater on 1/29/2024) (axm)
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Filing 98
ORDER: The court is advised by the clerk of court that Adam Feuer Haimo, Esquire, Eugene Polyak, Esquire, Miles David Jolley, Esquire, and Matan Andrew Scheier, Esquire, whose names appear on a pleading in this case, are not members of the Bar of the Northern District of Texas. Accordingly, within 14 days of the date of this order, each counsel shall either (1) provide to the court, and to the clerk of court, satisfactory documentation of membership or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (Ordered by Senior Judge Sidney A Fitzwater on 1/29/2024) (axm)
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Filing 97
SCHEDULING ORDER: Joinder of Parties due by 3/1/2024. Amended Pleadings due by 3/1/2024. Discovery due by 8/1/2024. Status Report due by 8/1/2024. Motions due by 8/30/2024. (Ordered by Senior Judge Sidney A Fitzwater on 1/29/2024) (axm)
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| Filing 96 Proposal for contents of scheduling and discovery order by PROEQUITY ASSET MANAGEMENT CORPORATION and by JPMCC 2006-CIBC FPG-STIP Portfolio LLC. (Haimo, Adam) |
| Filing 95 NOTICE of Withdrawal of Stephen Clark as Counsel filed by JPMCC 2006-CIBC FPG-STIP Portfolio LLC (Clarke, Stephen) |
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Filing 94
ORDER granting #92 Motion to Substitute Attorney. (Ordered by Senior Judge Sidney A Fitzwater on 1/12/2024) (ndt)
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Filing 93
ELECTRONIC ORDER granting #91 Application for Admission Pro Hac Vice of Adam F. Haimo. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sidney A Fitzwater on 1/12/2024) (Senior Judge Sidney A Fitzwater)
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| Filing 92 Unopposed MOTION to Substitute Attorney, added attorney Angela Deanne Caffey,Angela Deanne Caffey,Angela Deanne Caffey for Proequity Asset Management Corporation. Motion filed by Proequity Asset Management Corporation (Attachments: #1 Proposed Order)Attorney Angela Deanne Caffey added to party Proequity Asset Management Corporation(pty:res) (Caffey, Angela) |
| Filing 91 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Adam F. Haimo (Filing fee $100; Receipt number ATXNDC-14307567) filed by JPMCC 2006-CIBC FPG-STIP Portfolio LLC (Attachments: #1 for Adam F. Haimo) (Clarke, Stephen) |
| Filing 90 NOTICE of Designation of Local Counsel filed by JPMCC 2006-CIBC FPG-STIP Portfolio LLC (Clarke, Stephen) |
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Filing 88
ORDER: Plaintiff(s) and Defendant(s) have not have complied with the local counsel requirement of N.D. Tex. Civ. R. 83.10(a). Within 14 days of the date this order is filed, plaintiff(s) and defendant(s) must file with the clerk of court one of the following: (1) a letter that demonstrates why counsel is not subject to, or is exempt from, the local counsel requirement of Rule 83.10(a) or that points out how and when local counsel has previously been designated; (2) a designation of local counsel that states local counsels address and telephone number, as required by Fed. R. Civ. P. 11(a), and includes the information required by N.D. Tex. Civ.R.10.1(b); or (3) a motion for leave to proceed without local counsel. (Ordered by Senior Judge Sidney A Fitzwater on 12/28/2023) (agc)
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Filing 87
ORDER: Proposed Scheduling Order due by 1/25/2024. (Ordered by Senior Judge Sidney A Fitzwater on 12/28/2023) (agc)
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| Filing 89 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (kcr) |
| Filing 86 Case electronically transferred in from District of Florida Southern; Case Number 1:23-cv-21779. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 85
ORDER Closing Case. This case is TRANSFERRED to the United States District Court for the Northern District of Texas. Signed by Chief Judge Cecilia M. Altonaga on 12/24/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 84 Plaintiff's RESPONSE to #81 Order,, Set/Reset Deadlines, by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. (Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 83
PAPERLESS ORDER denying #82 Motion for Extension of Time. The Court brought up the issue of a transfer of venue at the December 1, 2023 hearing; and furthermore, the Court is aware that the matter was previously discussed between the parties. No, the Court will not grant a 30-day extension of time. Signed by Chief Judge Cecilia M. Altonaga (CMA) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 82 Plaintiff's MOTION for Extension of Time to Respond to Courts Order Dated December 14, 2023 [DE 81] re #81 Order,, Set/Reset Deadlines, by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. Responses due by 1/4/2024 (Attachments: #1 Text of Proposed Order)(Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 81
ORDER re #37 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint): JPMCC has until 12/22/2023 to file any objections to transfer of the case to the United States District Court for the Northern District of Texas. Signed by Chief Judge Cecilia M. Altonaga on 12/14/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 80 Endorsed REPLY to Plaintiff's Response to our Renewed Motion to Dismiss by Proequity Asset Management Corporation. (Attachments: #1 Exhibit Prospectus, #2 Exhibit Power of Attorney)(Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 79 Plaintiff's RESPONSE to #77 MOTION TO DISMISS #75 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Strike,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #75 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Strike,, MOTION to Dismiss for Lack of Prosecution #75 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Strike,, by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. (Attachments: #1 Exhibit A - Affidavit of Jose Bello, #2 Exhibit B - Depo Transcript of Michael Turner, #3 Exhibit C - Exhibit 8 to Turner Depo, #4 Exhibit D - Exhibit 9 to Turner Depo, #5 Exhibit E - Defendant's Responses to Jurisdictional Requests for Admissions, #6 Exhibit F - Defendant's Amended Answers to Jurisdictional Interrogatories, #7 Exhibit G - Exhibit 6 to Turner Depo, #8 Exhibit H - Exhibit 7 to Turner Depo, #9 Exhibit I - Declaration of Miles D. Jolley, #10 Exhibit 1 to Ex. I (MDJ Dec) ProEquity Receivership Services Website, #11 Exhibit 2 to Ex. I (MDJ Dec) Tyler Sheldon - ProEquity Asset Management Website Biography)(Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 78
PAPERLESS ORDER striking #76 Motion to Dismiss for Lack of Jurisdiction given docket entry 77. Signed by Chief Judge Cecilia M. Altonaga (CMA) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 77 MOTION TO DISMISS #75 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Strike,, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #75 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Strike,, , MOTION to Dismiss for Lack of Prosecution #75 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Strike,, by Proequity Asset Management Corporation. Responses due by 12/19/2023 (Attachments: #1 Affidavit Declaration of Michael Turner, #2 Exhibit Exh. 1 - NC JPMCC Registration, #3 Exhibit Exh. 2 - SC JPMCC Registration, #4 Exhibit Exh. 3 - TX JPMCC Registration)(Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 76 (STRICKEN PER DE#78) MOTION to Dismiss for Lack of Jurisdiction #75 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Strike,, by Proequity Asset Management Corporation. Responses due by 12/18/2023 (Truitt, George) Text Modified on 12/5/2023 (cqs). [Transferred from Florida Southern on 12/28/2023.] |
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Filing 75
ORDER denying #64 Motion to Dismiss for Lack of Jurisdiction; denying #72 Motion to Strike. By December 4, 2023, Defendant shall file its renewed motion to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). Plaintiff shall file its response by December 11, 2023, and Defendant shall file any reply within three (3) days of Plaintiff's response. Signed by Chief Judge Cecilia M. Altonaga on 12/1/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 74 PAPERLESS Minute Entry for proceedings held before Chief Judge Cecilia M. Altonaga: Motion Hearing held on 12/1/2023 re #72 Plaintiff's MOTION to Strike #70 Affidavit in Support of Motion, filed by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. Total time in court: 22 minutes. Attorney Appearance(s): Fernando Gabriel Oyarzun, George Richard Truitt, Jr, Miles David Jolley, Attorney added: Fernando Gabriel Oyarzun for Proequity Asset Management Corporation Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (smo) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 73 PAPERLESS NOTICE of Hearing on #72 Plaintiff's MOTION to Strike #70 Affidavit in Support of Motion: Telephonic Motion Hearing set for 12/1/2023 09:30 AM in Miami Division before Chief Judge Cecilia M. Altonaga. The parties may appear by phone and are instructed to call 1-888-684-8852 on the date and time set forth above and wait for your case to be called. The access code is 3156459 and the security code is 5510. FOR CLARITY, PLEASE DO NOT USE A SPEAKER PHONE, AND AVOID USING A CELL PHONE IF POSSIBLE. (ps1) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 72 Plaintiff's MOTION to Strike #70 Affidavit in Support of Motion, by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. Responses due by 12/12/2023 (Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 71 Defendant's REPLY to Response to Motion re #64 MOTION to Dismiss for Lack of Jurisdiction #41 Order on Motion to Dismiss,, Order on Motion for Leave to File, #63 Order on Motion for Extension of Time to File Response/Reply/Answer, filed by Proequity Asset Management Corporation. (Attachments: #1 Exhibit 2006 Prospectus Excerpts, #2 Exhibit Dec. 03, 2014 Power of Attorney LNR Grantee)(Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 70 AFFIDAVIT in Support re #64 MOTION to Dismiss for Lack of Jurisdiction #41 Order on Motion to Dismiss,, Order on Motion for Leave to File, #63 Order on Motion for Extension of Time to File Response/Reply/Answer, filed by Proequity Asset Management Corporation. (Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 69 RESPONSE in Opposition re #64 MOTION to Dismiss for Lack of Jurisdiction #41 Order on Motion to Dismiss,, Order on Motion for Leave to File, #63 Order on Motion for Extension of Time to File Response/Reply/Answer, filed by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. Replies due by 11/22/2023. (Attachments: #1 Exhibit A-Affidavit of Jose Bello, #2 Exhibit B-Michael Turner Deposition Transcript, #3 Exhibit C-Ex. 8 to Turner Deposition, #4 Exhibit D-Ex. 9 to Turner Deposition, #5 Exhibit E-Def.'s Responses to Requests for Admissions, #6 Exhibit F-Def.'s Am. Answers to Interrogatories, #7 Exhibit G-Ex. 6 to Turner Deposition, #8 Exhibit H-Ex. 7 to Turner Deposition, #9 Exhibit I-Declaration of Miles D. Jolley, Esq., #10 Exhibit 1 to Ex. I (Declaration of Miles D. Jolley), #11 Exhibit 2 to Ex. I (Declaration of Miles D. Jolley))(Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 68
ORDER granting #66 Motion to Stay. Discovery due by 5/13/2024. Expert Discovery due by 5/13/2024. Mediation Deadline 5/20/2024. Motions due by 5/28/2024. Pretrial Stipulation due by 6/25/2024. Bench Trial set for trial period beginning 9/9/2024 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 9/3/2024 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Signed by Chief Judge Cecilia M. Altonaga on 11/9/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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Filing 67
ORDER granting in part #65 Motion for Extension of Time to File Response/Reply to Motion. Responses due by 11/15/2023. No extensions of time will be given for Defendant to file its reply memorandum. Signed by Chief Judge Cecilia M. Altonaga on 11/9/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 66 Unopposed MOTION to Stay Merits Discovery and to Extend Case Management Deadlines Pending a Resolution of the Personal Jurisdiction Issue by Proequity Asset Management Corporation. Responses due by 11/22/2023 (Attachments: #1 Exhibit Plaintiff's Request for Production of Documents to Defendant (Merits Discovery), #2 Text of Proposed Order Order Granting Unopposed Motion to Stay Merits Discovery and to Extend Case Management Deadlines pending a Resolution of the Personal Jurisdiction Issue)(Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 65 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #64 MOTION to Dismiss for Lack of Jurisdiction #41 Order on Motion to Dismiss,, Order on Motion for Leave to File, #63 Order on Motion for Extension of Time to File Response/Reply/Answer, by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. (Attachments: #1 Text of Proposed Order Exhibit A-Proposed Order on Motion)(Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 64 MOTION to Dismiss for Lack of Jurisdiction #41 Order on Motion to Dismiss,, Order on Motion for Leave to File, #63 Order on Motion for Extension of Time to File Response/Reply/Answer, by Proequity Asset Management Corporation. Responses due by 11/13/2023 (Attachments: #1 Exhibit JPMCC Registration as Foreign LLC in NC, #2 Exhibit JPMCC Registration as Foreign LLC in SC, #3 Exhibit JPMCC Registration as Foreign LLC in TX, #4 Exhibit JPMCC Lease with Plastronics)(Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 63
ORDER granting #62 Motion for Extension of Time to File Response/Answer to a Complaint; Proequity Asset Management Corporation. Response/Answer due 10/27/2023. Signed by Chief Judge Cecilia M. Altonaga on 10/27/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 62 Unopposed MOTION for Extension of Time to File Response/Reply/Answer Plaintiff's Amended Complaint by Proequity Asset Management Corporation. (Attachments: #1 Text of Proposed Order Order Granting Defendant's Unopposed Motion for an Extension of Time to File its Response to Plaintiffs Amended Complaint)(Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 61 TRANSCRIPT of DAR Transcript of Discovery Hearing held on 10/03/2023 before Magistrate Judge Melissa Damian, 1-37 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2023. Redacted Transcript Deadline set for 11/20/2023. Release of Transcript Restriction set for 1/18/2024. (pdz) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 60
ORDER granting #58 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Amended Complaint and for Extension of Time for the Parties to Coordinate and Complete the Rule 30(b)(6) deposition of ProEquity's Corporate Representati filed by Proequity Asset Management Corporation. Proequity Asset Management Corporation response/answer due 10/25/2023. Signed by Chief Judge Cecilia M. Altonaga on 10/18/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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Filing 59
PAPERLESS ORDER denying #58 Motion for Extension of Time to File Response/Reply/Answer due to the failure to supply a proposed order, as is required by the Local Rules. Signed by Chief Judge Cecilia M. Altonaga (CMA) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 58 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Amended Complaint and for Extension of Time for the Parties to Coordinate and Complete the Rule 30(b)(6) deposition of ProEquity's Corporate Representative by Proequity Asset Management Corporation. (Attachments: #1 Text of Proposed Order Order Granting Unopposed Motion for an Extension of Time to File its Response to Plaintiffs Amended Complaint and for Extension of the Deadline for the 30(b)(6) Deposition of Defendant's Corporate Representative)(Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 57
ORDER granting #56 Plaintiff, JPMCC 2006-CIBC15 FPG-STIP Portfolio, LLC's Motion to Modify the Court's July 24, 2023 Order Scheduling Mediation. The mediation conference shall be held with Brian Carroll on January 10, 2024. The parties are reminded that a report of their mediation must be filed by January 16, 2024. The July 24, 2023 Order Scheduling Mediation #31 is SET ASIDE. Signed by Chief Judge Cecilia M. Altonaga on 10/16/2023. See attached document for full details. (wc) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 56 MOTION Modify the Court's July 24, 2023 Order Scheduling Mediation [DE 31] re #31 ORDER Scheduling Mediation, by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. (Attachments: #1 Text of Proposed Order)(Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 55
ORDER granting #54 Motion for Extension of Time to File Response/Answer to a Complaint; Proequity Asset Management Corporation. Response/Answer due 10/18/2023. Signed by Chief Judge Cecilia M. Altonaga on 10/13/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 54 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #41 Order on Motion to Dismiss,, Order on Motion for Leave to File, by Proequity Asset Management Corporation. (Attachments: #1 Text of Proposed Order Proposed Order)(Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 53
ORDER Following Discovery Hearing granting in part and denying in part 52 Plaintiff's Ore Tenus Motion to Compel Jurisdictional Discovery. Signed by Magistrate Judge Melissa Damian on 10/4/2023. See attached document for full details. (oco) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 52 ORE TENUS MOTION to Compel Jurisdictional Discovery by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. (oco) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 51 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Melissa Damian: Discovery Hearing held on 10/3/2023. Order to follow. Total time in court: 50 minutes. Attorney Appearance(s): Eugene Polyak and George Richard Truitt, Jr. (Digital MD_ZOOM_10_3_2023/DAR_14:06:35) (jbs) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 50 NOTICE of Attorney Appearance by Eugene Polyak on behalf of JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. Attorney Eugene Polyak added to party JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC(pty:pla). (Polyak, Eugene) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 49
PAPERLESS ORDER granting Defendant's Unopposed Motion for an Extension of Time to File Its Response to Plaintiff's Discovery Memorandum. Finding good cause for the requested one-day extension of time, and noting no objection from Plaintiff, it is ORDERED that the Motion is GRANTED nunc pro tunc. Accordingly, Defendant's Responsive Memo, ECF No. #48 , is accepted as timely filed. Signed by Magistrate Judge Melissa Damian on 9/29/2023. (oco) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 48 RESPONSE to Motion re #47 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #43 Memorandum, filed by Proequity Asset Management Corporation. Replies due by 10/5/2023. (Attachments: #1 Exhibit Texas Registration, #2 Exhibit Registration Certificates, #3 Exhibit Fitch Ratings)(Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #43 Memorandum, by Proequity Asset Management Corporation. (Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 46
ORDER granting #45 Motion for Extension of Time to Complete Jurisdictional Discovery. Signed by Chief Judge Cecilia M. Altonaga on 9/27/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 45 MOTION for Extension of Time to Complete Jurisdictional Discovery re #41 Order on Motion to Dismiss,, Order on Motion for Leave to File, by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. Responses due by 10/10/2023 (Attachments: #1 Exhibit A)(Haimo, Adam) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 44
PAPERLESS ORDER Setting Discovery Hearing. Please take notice that the Court will hold a Discovery Hearing by Zoom on 10/3/2023 at 2:00 PM in the Miami Division before Magistrate Judge Melissa Damian on #43 Plaintiff's Discovery Memorandum, filed September 22, 2023. Defendant shall file a Responsive Memorandum in accordance with the undersigned's Discovery Procedures. The Court will provide Zoom information to all counsel of record prior to the hearing. Signed by Magistrate Judge Melissa Damian on 9/26/2023. (oco) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 43 MEMORANDUM of Law and Motion to Compel Discovery According to Magistrate Judge Melissa Damian's Discovery Procedures by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. (Attachments: #1 Defendant's Objections to Jurisdictional Discovery Requests for Admissions, #2 Defendant's Objections to Jurisdictional Discovery Requests for Production, #3 Defendant's Answers and Objections to Jurisdictional Discovery Interrogatories)(Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 42 Plaintiff's AMENDED COMPLAINT required by the Court's Order dated August 14, 2023 [DE 41] against Proequity Asset Management Corporation, filed by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. (Attachments: #1 Exhibit A)(Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 41
ORDER denying #37 Motion to Dismiss; denying as moot #38 Motion for Leave to File Second Amended Answer and Affirmative Defenses. Signed by Chief Judge Cecilia M. Altonaga on 8/14/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 40 PAPERLESS Minute Entry for proceedings held before Chief Judge Cecilia M. Altonaga: Telephonic Motion Hearing held on 8/14/2023 re #37 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Proequity Asset Management Corporation. Total time in court: 16 minutes. Attorney Appearance(s): Miles David Jolley, George Richard Truitt, Jr, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (smo) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 39
ORDER Setting Hearing on Motion #37 Defendant's MOTION to Dismiss: Telephonic Motion Hearing set for 8/14/2023 01:30 PM in Miami Division before Chief Judge Cecilia M. Altonaga. Plaintiff shall file a response to Defendant's Motion for Leave to File Second Amended Answer and Affirmative Defenses (ECF No. #38 ) no later than August 15, 2023. A reply is due by August 17, 2023. Signed by Chief Judge Cecilia M. Altonaga on 8/10/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 38 Defendant's MOTION for Leave to File Second Amended Answer and Affirmative Defenses and Incorporated Memorandum of Law by Proequity Asset Management Corporation. (Attachments: #1 Exhibit Exb A - ProEquitys Second Amended Answer and Affirmative Defenses)(Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Set/Reset Deadlines/Hearings as to #38 Defendant's MOTION for Leave to File Second Amended Answer and Affirmative Defenses and Incorporated Memorandum of Law. Responses due by 8/15/2023; Replies due by 8/17/2023. (ps1) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 37 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Proequity Asset Management Corporation. Responses due by 8/23/2023 (Attachments: #1 Exhibit Property Leasing Agreement)(Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 36
ORDER STRIKING #34 Initial Disclosure(s) filed by Proequity Asset Management Corporation, #35 Initial Disclosure(s) filed by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. Signed by Chief Judge Cecilia M. Altonaga on 8/1/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 35 Initial Disclosure(s) of Rule of Civil Procedure 26 (a)(1) Initial Disclosures Re: #29 Order on Motion for Extension of Time, by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC (Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 34 Initial Disclosure(s) Pursuant to Federal Rule of Civil Procedure 26 (a)(1) by Proequity Asset Management Corporation (Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 33
ORDER granting #32 Motion for Extension of Time. Amended Pleadings due by 8/9/2023. Joinder of Parties due by 8/9/2023. Signed by Chief Judge Cecilia M. Altonaga on 7/27/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 32 Unopposed MOTION for Extension of Time to File All Motions to Amend Pleadings or Join Parties by Proequity Asset Management Corporation. Responses due by 8/9/2023 (Attachments: #1 Text of Proposed Order)(Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 31
(SET ASIDE by DE#57 .) ORDER Scheduling Mediation before John Freud; Mediation Hearing set for 10/23/2024 10:00 AM. The parties are reminded that a report of their mediation must be filed within seven (7) days thereafter. Signed by Chief Judge Cecilia M. Altonaga on 7/24/2023. See attached document for full details. (ps1) Modified text on 10/16/2023 (wc). [Transferred from Florida Southern on 12/28/2023.]
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| Filing 30 Joint NOTICE by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC re #21 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, #27 Order on Motion for Extension of Time, (Attachments: #1 Text of Proposed Order proposed order) (Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 29
ORDER granting #28 Plaintiff & Defendant's Joint Motion for Extension of Time to Exchange Initial Disclosures. Plaintiff and Defendant have until July 31, 2023, to exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a). Signed by Chief Judge Cecilia M. Altonaga on 7/15/2023. See attached document for full details. (wc) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 28 Joint MOTION for Extension of Time to File Initial Disclosures re #15 SCHEDULING REPORT - Rule 26(f)/16.1 by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. Responses due by 7/28/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 27
ORDER granting #26 Motion for Extension of Time. The parties have until July 21, 2023 to submit a proposed order scheduling mediation as required by the Order Setting Bench Trial and Pre-Trial Schedule. Signed by Chief Judge Cecilia M. Altonaga on 7/6/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 26 Unopposed MOTION for Extension of Time to Schedule Mediation re #21 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC. Responses due by 7/19/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 25
ORDER denying #24 Motion for Extension of Time. Signed by Chief Judge Cecilia M. Altonaga on 6/30/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 24 Defendant's MOTION for Extension of Time to select a mediator by Proequity Asset Management Corporation. Responses due by 7/14/2023 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 23 Amended ANSWER and Affirmative Defenses to Complaint by Proequity Asset Management Corporation. (Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 22 NOTICE of Attorney Appearance by George Richard Truitt, Jr on behalf of Proequity Asset Management Corporation (Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 21
ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 5/6/2024 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 4/30/2024 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 7/26/2023. All Discovery, including Expert Discovery, due by 1/8/2024. Mediation Deadline 1/16/2024. Motions due by 1/23/2024. Pretrial Stipulation due by 2/20/2024. REFERRING CASE to Magistrate Judge Melissa Damian for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 6/14/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 20 STATUS REPORT by Proequity Asset Management Corporation (Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 19 Certificate of Other Affiliates/Corporate Disclosure Statement by Proequity Asset Management Corporation (Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 18 ANSWER and Affirmative Defenses to Complaint by Proequity Asset Management Corporation. (Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 17 Plaintiff's Certificate of Other Affiliates /Certificate of Interested Parties by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC identifying Other Affiliate U.S. Bank, National Association, as trustee for the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-CIBC15, Commercial Mortgage Pass-Through Certificates, Series 2006-CIBC15, Other Affiliate Plastronics Socket Partners, Ltd. for JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC (Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 16
ORDER re #12 Removal Status Report Order, #13 Order Requiring Certificates of Interested Parties; Plaintiff shall file a certificate of interested parties and Defendant shall file a certificate of interested parties, a corporate disclosure statement, a removal status report, and an answer to the Complaint by 6/9/2023. In their written submissions, the parties shall explain why they failed to comply, necessitating this second Order. Plaintiffs failure to comply may result in dismissal of this action, and Defendant's failure to comply will result in remand of this action. Signed by Chief Judge Cecilia M. Altonaga on 6/8/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Set/Reset Response/Answer Due Deadline: Proequity Asset Management Corporation response/answer due 6/9/2023. (ps1) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 15 Joint SCHEDULING REPORT - Rule 26(f) by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC (Attachments: #1 Exhibit Joint Proposed Scheduling Order)(Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 14 Plaintiff's Corporate Disclosure Statement by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC identifying Corporate Parent U.S. Bancorp., Inc., Other Affiliate US Bank National Association for JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC (Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 13
Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 6/7/2023. Signed by Chief Judge Cecilia M. Altonaga on 5/31/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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Filing 12
ORDER Requiring a Removal Status Report by 6/7/2023. Signed by Chief Judge Cecilia M. Altonaga on 5/31/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 11 NOTICE of Compliance and Report on Plaintiff's Citizenship by Proequity Asset Management Corporation. Attorney George Richard Truitt, Jr added to party Proequity Asset Management Corporation(pty:dft). (Attachments: #1 Exhibit JPMCC's Origial Petition - Dallas, TX Suit) (Truitt, George) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 10 REPORT REGARDING Identity & Citizenship of Plaintiff'sMember by JPMCC 2006-CIBC15 FPG-STIP PORTFOLIO, LLC (Jolley, Miles) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 9
ORDER that by no later than May 30, 2023, the parties shall file a report listing the identities and citizenships of Plaintiff's members. If Plaintiff agrees the parties are diverse, it shall so indicate in the report. The parties' failure to comply, or Plaintiff's disagreement with Defendant concerning diversity of the parties' citizenship, will result in remand of the action. Signed by Chief Judge Cecilia M. Altonaga on 5/25/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 8 Third AMENDED NOTICE OF REMOVAL against All Plaintiffs, filed by Proequity Asset Management Corporation.(Scheier, Matan) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 7
ORDER that Defendant, ProEquity Asset Management Corporation, shall name and file proof of citizenship of each of Plaintiff's members by 5/24/2023. Failure to do so will result in remand of the action without further notice. Signed by Chief Judge Cecilia M. Altonaga on 5/22/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 6 Second AMENDED NOTICE OF REMOVAL against All Plaintiffs, filed by Proequity Asset Management Corporation.(Scheier, Matan) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 5
ORDER re #4 Amended Notice of Removal filed by Proequity Asset Management Corporation; Defendant, ProEquity Asset Management Corporation, shall file proof of citizenship of each of Plaintiffs members by May 18, 2023. Failure to do so will result in remand of the action without further notice. Signed by Chief Judge Cecilia M. Altonaga on 5/17/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 4 First AMENDED NOTICE OF REMOVAL against All Plaintiffs, filed by Proequity Asset Management Corporation.(Scheier, Matan) [Transferred from Florida Southern on 12/28/2023.] |
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Filing 3
ORDER re #1 Notice of Removal (State Court Complaint), filed by Proequity Asset Management Corporation; Defendant, ProEquity Asset Management Corporation, shall file proof of citizenship of each of Plaintiff's members by May 17, 2023. Failure to do so will result in remand of the action without further notice. Signed by Chief Judge Cecilia M. Altonaga on 5/12/2023. See attached document for full details. (ps1) [Transferred from Florida Southern on 12/28/2023.]
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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. (nwn) [Transferred from Florida Southern on 12/28/2023.] |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16612331, filed by Proequity Asset Management Corporation. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A - State Court Complaint, #3 Exhibit Exhibit B - Summons, #4 Exhibit Docket)(Scheier, Matan) No Answer/Motion To Dismiss Filed. Modified Text/Attachment Description on 5/12/2023 (nwn). [Transferred from Florida Southern on 12/28/2023.] |
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