Manuel Motors C.A. Corp. et al vs. CITIGROUP INC., et al
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Marty Fulgueira Elfenbein |
| Case #: | 1:24-cv-22750 |
| Nature of Suit | 380 Torts - Personal Property - Other Personal Property Damage |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Jul 18, 2024 |
| Terminated: | Aug 09, 2024 |
| Last checked: Sunday Sep 01, 2024 5:49 AM EDT |
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Defendant
CITIGROUP INC
Reed Smith 200 S. Biscayne Boulevard Suite 2600
Miami, FL 33131 |
Represented By
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Defendant
CItibank, N.A.
Reed Smith 200 S. Biscayne Boulevard Suite 2600
Miami, FL 33131 |
Represented By
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Plaintiff
Manuel Motors C.A. Corp.
Manuel Alejandro Law Firm 8350 NW 52nd Terrace Suite 301
Doral, FL 33136 |
Represented By
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Plaintiff
JESSIKA NAVA VILLALOBOS
Manuel Alejandro Law Firm LLC 8350 NW 52nd Terrace Suite 301
Doral, FL 33136 |
Represented By
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Plaintiff
MANUEL RODRGUEZ VILLAMIL
Manuel Alejandro Law Firm LLC 8350 NW 52nd Terrace Suite 301
Doral, FL 33136 |
Represented By
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| Docket last updated: 09/06/2024 11:59 PM EDT |
| Friday, August 09, 2024 | ||
| 15 | 15
notice
Notice of Striking
Fri 08/09 4:08 PM
NOTICE of Striking Docket Entries 9 and 13 by CITIGROUP INC, CItibank, N.A. (Castro Sanchez, Maria) |
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| 14 | 14
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Fri 08/09 2:33 PM
Clerk's Notice to Filer re13 Notice of Striking. Login/Signature Block Violation ; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (pc) |
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| 13 | 13
notice
Notice of Striking
Fri 08/09 11:52 AM
NOTICE of Striking Docket Entry 9 by CITIGROUP INC, CItibank, N.A. (Barton, Ana) |
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| 12 | 12
order
Order Staying Case
Fri 08/09 10:40 AM
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Stipulation to Arbitrate Claims and Stay Lawsuit.11 . Therein, the Parties "jointly agree and stipulate to arbitrate all claims in this case and to stay proceedings." Id. at 1. UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that all claims in this matter against Citibank shall be submitted to binding, non-judicial arbitration pursuant to the terms of the Parties' written agreement. This case is hereby STAYED pending the outcome of the arbitration proceedings. The Clerk of Court is INSTRUCTED to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 8/9/2024. (mh02) |
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| 11 | 11
misc
Stipulation
Fri 08/09 10:18 AM
STIPULATION to Arbitrate Claims and Stay Lawsuit by CITIGROUP INC, CItibank, N.A. (Barton, Ana) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Fri 08/09 2:36 PM
Set/Reset Response/Answer Due Deadline per DE 12 Order. (amb) |
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| Thursday, August 08, 2024 | ||
| 10 | 10
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Fri 08/09 10:07 AM
Clerk's Notice to Filer re9 Stipulation. Login/Signature Block Violation ; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (pc) |
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| 9 | 9
misc
Stipulation
Thu 08/08 3:47 PM
STIPULATION to Arbitrate Claims and Stay Lawsuit by CITIGROUP INC, CItibank, N.A. (Castro Sanchez, Maria) |
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| Wednesday, July 24, 2024 | ||
| 8 | 8
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Wed 07/24 11:15 AM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time to Respond to Complaint.7 . Therein, Defendants request a brief extension of time to respond to Plaintiffs' Complaint (ECF No.1 -1) in order to "permit [Defendants] to adequately investigate and respond to the allegations of the Complaint." Id. at 2. Plaintiffs do not oppose the relief requested. Id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion7 is GRANTED. Defendants shall respond to Plaintiffs' Complaint on or before August 8, 2024. Signed by Judge K. Michael Moore on 7/24/2024. (mh02) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Wed 07/24 12:48 PM
Set/Reset Response/Answer Due Deadline per DE 8 Order. CITIGROUP INC response/answer due 8/8/2024; CItibank, N.A. response/answer due 8/8/2024. (amb) |
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| Tuesday, July 23, 2024 | ||
| 7 | 7
motion
Extension of Time to File Response/Reply/Answer
Tue 07/23 5:23 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to1 Notice of Removal (State Court Complaint), by CITIGROUP INC, CItibank, N.A.. Attorney Alexis Denise Hammond added to party CITIGROUP INC(pty:dft), Attorney Alexis Denise Hammond added to party CItibank, N.A.(pty:dft).(Hammond, Alexis) |
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Att: 1
Text of Proposed Order
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| 6 | 6
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Tue 07/23 11:14 AM
Defendant's Corporate Disclosure Statement by CITIGROUP INC, CItibank, N.A. (Castro Sanchez, Maria) |
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| 5 | 5
order
- Order (PAPERLESS or pdf attached)
Tue 07/23 10:47 AM
Order Setting Discovery Procedures Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/23/2024. See attached document for full details. (pc) |
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| Monday, July 22, 2024 | ||
| 4 | 4
order
Order Referring Case to Magistrate Judge
Mon 07/22 11:37 AM
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 7/22/2024. (mh02) |
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| 3 | 3
order
- Order (PAPERLESS or pdf attached)
Mon 07/22 11:36 AM
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... 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). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 7/22/2024. (mh02) |
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| Thursday, July 18, 2024 | ||
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Fri 07/19 11:09 AM
Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (pc) |
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| 1 | 1
cmp
Notice of Removal (State Court Complaint)
Thu 07/18 8:28 PM
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number BFLSDC-17689813, filed by CITIGROUP INC, CItibank, N.A..(Castro Sanchez, Maria) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Composite Exhibit B,
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Att: 3
Civil Cover Sheet
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