Millstein v. Wells Fargo Bank, N.A.
| Florida Southern District Court | |
| Judge: | Darrin P Gayles |
| Referred: | Jonathan Goodman |
| Case #: | 1:24-cv-22142 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity |
| Case Filed: | Jun 04, 2024 |
| Last checked: Friday Jul 19, 2024 5:02 AM EDT |
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Defendant
Wells Fargo Bank, N.A.
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Represented By
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Plaintiff
Fanny B Millstein
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Represented By
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Plaintiff
Martin Kleinbart
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Represented By
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| Docket last updated: 11/21/2024 11:59 PM EST |
| Friday, November 15, 2024 | ||
| 43 | 43
order
Order Setting Hearing on Motion
Fri 11/15 3:58 PM
PAPERLESS ORDER setting in-person hearing on25 Motion to Dismiss for 12/4/24 at 10:00 AM in Miami Division before Magistrate Judge Jonathan Goodman. The instant case is similar to Stermer et al v. Wells Fargo Bank, N.A. , 9:24-cv-80722 which is an action brought by the receiver of companies allegedly created and used to perpetrate a Ponzi scheme. Both lawsuits involve the acts or purported Ponzi schemers Marshall Seeman, Eric Holtz and Brian Schwartz. Wells Fargo Bank is a defendant in both lawsuits. To promote judicial efficiency, the Court will hold an Omnibus Hearing on both motions to dismiss. I will also use the three-question-per-side protocol in both lawsuits. The procedure for that arrangement is explained below: Each side may, by Monday, December 2, 2024, file under seal three optional, specific, succinct questions per motion which they would like the Undersigned to ask opposing counsel at the hearing. The questions may be about the factual record, the law, exhibits, the arguments raised in the briefing, or any other issue relevant to the Undersigned's analysis of the motions. In total, there could be twelve under-seal questions submitted to the Court, if each side took advantage of the opportunity -- three questions from Plaintiff's counsel as to each motion and three questions from Defendant's counsel as to each motion. The questions should not be multiple lines long, with large introductions containing a substantial amount of introductory or background information. For example, attorneys sometimes participate in this optional procedure and submit questions beginning with, "Given that..., and given that..., and given that..., and in light of..., what legal authority supports your proposition that... ?" The entire introduction starting with the first "given" and ending immediately before "what" is likely unnecessary and undermines the goal of the procedure. In fact, I have received questions which run on for more than half a page -- and sometimes an entire page -- and contain four or five sentences of "introduction" or "context." Those types of questions are not what I have in mind here. To the extent that the question (which should be precise and pinpoint) concerns exhibits, the party submitting the question may attach relevant exhibits to the under-seal question. However, the parties should not indiscriminately file massive numbers of exhibits, nor should they file exhibits which run on for dozens of pages. It is highly unlikely that the Undersigned will be inclined to review more than an extremely modest number of pages of exhibits. By providing this alternative, the Undersigned is by no means suggesting that a party should attach exhibits to their question. In fact, it might be better to simply refer to exhibits already filed (assuming the exhibits are not voluminous but, instead, are manageable and capable of being reviewed in the brief gap between the filing of the questions and the hearing). Although the Undersigned will carefully review all questions submitted, the mere fact that a party submitted a question does not necessarily mean that the Undersigned will in fact ask that specific question (or any of the questions, for that matter). The Undersigned may ask a question, may modify a question, may combine the question with another or may decide to skip the question entirely. To alleviate any conceivable concern that this procedure constitutes some type of ex parte procedure, the Undersigned will read out loud on the record every question submitted under seal by the parties, regardless of whether I will actually ask each question.At the risk of stating the obvious (but I do so because other counsel in other cases have asked), the under-seal questions need not be served on opposing counsel and need not be publicly filed on CM/ECF. Signed by Magistrate Judge Jonathan Goodman on 11/15/2024. (cpa) |
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| 42 | 42
order
Order Referring Case to Magistrate Judge
Fri 11/15 11:35 AM
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge Darrin P. Gayles on 11/15/2024. (hs01) |
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| Friday, September 27, 2024 | ||
| 41 | 41
respm
Reply to Response to Motion
Fri 09/27 3:16 PM
Defendant's REPLY to Response to Motion re25 MOTION TO DISMISS3 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law filed by Wells Fargo Bank, N.A.. (Rottmann, Emily) |
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| Friday, September 20, 2024 | ||
| 40 | 40
21
pgs
order
Order on Motion for Discovery Order on Motion for Protective/Confidentiality Order
Fri 09/20 6:11 PM
ORDER granting the parties' 39 Joint Motion for Order Re: Production of Electronically Stored Information and Hard-Copy Documents. Signed by Magistrate Judge Jonathan Goodman on 9/20/2024. See attached document for full details. (cpa) |
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| 39 | 39
motion
Discovery Protective/Confidentiality Order
Fri 09/20 6:09 PM
Joint Motion for Order Re: Production of Electronically Stored Information and Hard-Copy Documents. by Martin Kleinbart, Fanny B Millstein, Wells Fargo Bank, N.A.. (cpa) |
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| 38 | 38
order
- Order (PAPERLESS or pdf attached)
Fri 09/20 2:37 PM
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/20/2024. See attached document for full details. (fbn) |
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| Thursday, September 19, 2024 | ||
| 37 | 37
misc
Stipulation
Thu 09/19 5:10 PM
STIPULATION "Confidentiality Stipulation" by Wells Fargo Bank, N.A.(Rottmann, Emily) |
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Att: 1
Exhibit A - Acknowledgment and Agreement to be Bound
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| 36 | 36
notice
Notice of Striking
Thu 09/19 4:30 PM
NOTICE of Striking33 Stipulation filed by Wells Fargo Bank, N.A. by Wells Fargo Bank, N.A. (Rottmann, Emily) |
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| Wednesday, September 18, 2024 | ||
| 35 | 35
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Thu 09/19 3:36 PM
Clerk's Notice to Filer re33 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. (ebz) |
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| 34 | 34
notice
Notice (Other)
Wed 09/18 5:11 PM
NOTICE of Proposed Stipulated Order by Wells Fargo Bank, N.A. (Rottmann, Emily) |
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Att: 1
Text of Proposed Order
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| 33 | 33
misc
Stipulation
Wed 09/18 4:29 PM
STIPULATION "Confidentiality Stipulation" by Wells Fargo Bank, N.A. (Rottmann, Emily) |
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| Tuesday, September 10, 2024 | ||
| 32 | 32
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Tue 09/10 6:03 PM
PAPERLESS ORDER granting31 Motion for Extension of Time. Defendant shall file its reply in support of its Motion to Dismiss on or before September 27, 2024. Signed by Judge Darrin P. Gayles (hs01) |
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| 31 | 31
motion
Extension of Time to File Response/Reply/Answer
Tue 09/10 5:27 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to25 MOTION TO DISMISS3 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by Wells Fargo Bank, N.A..(Rottmann, Emily) |
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Att: 1
Text of Proposed Order
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Wed 09/11 1:44 PM
Set/Reset Deadlines/Hearings as to25 MOTION TO DISMISS3 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law . Per DE 32 Order. Replies due by 9/27/2024. (ebz) |
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| Monday, September 09, 2024 | ||
| 30 | 30
respm
Response in Opposition to Motion
Mon 09/09 4:45 PM
RESPONSE in Opposition re25 MOTION TO DISMISS3 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law filed by Martin Kleinbart, Fanny B Millstein. Replies due by 9/16/2024. (Miles, Seth) |
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| Thursday, August 29, 2024 | ||
| 29 | 29
order
Order on Motion to Stay
Thu 08/29 11:57 AM
PAPERLESS ORDER denying26 Defendant Wells Fargo Bank, N.A.'s Motion to Stay Discovery Pending Disposition of Its Dispositive Motion to Dismiss. The Court finds that a complete stay of discovery is not warranted. Signed by Judge Darrin P. Gayles (hs01) |
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| Tuesday, August 13, 2024 | ||
| 28 | 28
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Tue 08/13 3:07 PM
PAPERLESS ORDER granting27 Plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Defendant's Motion to Dismiss First Amended Class Action Complaint and Motion to Stay Discovery Pending Disposition of its Dispositive Motion to Dismiss. Plaintiffs shall have up to and including September 9, 2024, to respond to Defendant's Motion to Dismiss First Amended Class Action Complaint and Motion to Stay Discovery Pending Disposition of its Dispositive Motion to Dismiss. Signed by Judge Darrin P. Gayles (hs01) |
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| 27 | 27
motion
Extension of Time to File Response/Reply/Answer
Tue 08/13 1:00 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to25 MOTION TO DISMISS3 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law ,26 MOTION to Stay re25 MOTION TO DISMISS3 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law "Motion to Stay Discovery Pending Disposition of its Dispositive Motion to D by Martin Kleinbart, Fanny B Millstein.(Miles, Seth) |
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Att: 1
Text of Proposed Order
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Tue 08/13 3:15 PM
Set/Reset Deadlines/Hearings per DE 28 as to26 MOTION to Stay re25 MOTION TO DISMISS3 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law "Motion to Stay Discovery Pending Disposition of its Dispositive Motion to D, 25 MOTION TO DISMISS 3 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law . Responses due by 9/9/2024. (pcs) |
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| Monday, August 12, 2024 | ||
| 26 | 26
motion
Stay
Mon 08/12 4:00 PM
MOTION to Stay re25 MOTION TO DISMISS3 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law "Motion to Stay Discovery Pending Disposition of its Dispositive Motion to Dismiss" (and Accompanying Memorandum of Law) by Wells Fargo Bank, N.A.. Responses due by 8/26/2024. (Rottmann, Emily) |
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| 25 | 25
25
pgs
motion
Dismiss for Failure to State a Claim
Mon 08/12 3:52 PM
MOTION TO DISMISS3 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by Wells Fargo Bank, N.A.. Responses due by 8/26/2024. (Rottmann, Emily) |
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| Wednesday, August 07, 2024 | ||
| 24 | 24
order
Scheduling Order Order Referring Case to Mediation Order Referring Case to Magistrate Judge
Wed 08/07 3:37 PM
SCHEDULING ORDER Setting Civil Trial Date And Pretrial Schedule, Requiring Mediation, And Referring Certain Motions To Magistrate Judge. ( Jury Trial set for 12/1/2025 in Miami Division before Judge Darrin P. Gayles., Calendar Call set for 11/26/2025 09:30 AM in Miami Division before Judge Darrin P. Gayles., Status Conference set for 9/24/2025 10:00 AM before Judge Darrin P. Gayles.) Signed by Judge Darrin P. Gayles on 8/7/2024. See attached document for full details. (kpe) |
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| Friday, August 02, 2024 | ||
| 23 | 23
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Fri 08/02 3:29 PM
Certificate of Other Affiliates/Corporate Disclosure Statement by Martin Kleinbart, Fanny B Millstein identifying Other Affiliate Daniel J Stermer for Fanny B Millstein, Martin Kleinbart (Miles, Seth) |
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| Wednesday, July 31, 2024 | ||
| 22 | 22
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Thu 08/01 9:16 AM
Clerk's Notice to Filer re20 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered ; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ebz) |
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| 21 | 21
misc
Scheduling Report - Rule 26(f)/16.1
Wed 07/31 2:09 PM
Joint SCHEDULING REPORT - Rule 16.1 by Martin Kleinbart, Fanny B Millstein(Miles, Seth) |
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Att: 1
Exhibit 1: PROPOSED SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE
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| 20 | 20
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Wed 07/31 2:07 PM
Certificate of Other Affiliates/Corporate Disclosure Statement by Martin Kleinbart, Fanny B Millstein (Miles, Seth) |
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| Wednesday, July 24, 2024 | ||
| 19 | 19
5
pgs
order
Order Requiring Joint Scheduling Report
Wed 07/24 11:42 AM
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before July 31, 2024 , the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements. The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01) |
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| 18 | 18
minutes
Status Conference
Wed 07/24 11:36 AM
PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 7/24/2024. The Court granted Wells Fargo Bank, N.A.'s ore tenus motion to extend the deadline to respond to the Amended Complaint. Wells Fargo Bank, N.A.'s response to the Amended Complaint is due on August 12, 2024. The parties shall file proposed scheduling orders on or before July 31, 2024. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (hs01) |
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| Tuesday, July 09, 2024 | ||
| 17 | 17
order
Order Setting Status Conference
Tue 07/09 3:07 PM
PAPERLESS ORDER Setting Status Conference: Telephonic Status Conference set for July 24, 2024, at 10:00 a.m. before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 305-990-2559; Conference ID 374 050 271#. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (hs01) |
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| 16 | 16
order
Notice of Court Practice/to Appear/Other
Tue 07/09 3:03 PM
NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Signed by Judge Darrin P. Gayles (hs01) |
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| Tuesday, June 25, 2024 | ||
| 15 | 15
order
Order on Motion to Appear Pro Hac Vice
Tue 06/25 5:42 PM
PAPERLESS ORDER granting14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Mark W. Kinghorn is permitted to appear before this Court on behalf of Defendant for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mark W. Kinghorn at mkinghorn@mcquirewoods.com. Signed by Judge Darrin P. Gayles (hs01) |
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| Monday, June 24, 2024 | ||
| 14 | 14
motion
Appear Pro Hac Vice - aty
Mon 06/24 4:19 PM
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark W. Kinghorn. Filing Fee $ 200.00 Receipt # AFLSDC-17628630 by Wells Fargo Bank, N.A.. Responses due by 7/8/2024.(Rottmann, Emily) |
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Att: 1
Certification
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| 13 | 13
order
Order on Motion to Appear Pro Hac Vice
Mon 06/24 10:35 AM
PAPERLESS ORDER granting9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Zachary L. McCamey is permitted to appear before this Court on behalf of Defendant for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Zachary L. McCamey at zmcamey@mcquirewoods.com. Signed by Judge Darrin P. Gayles (hs01) |
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| 12 | 12
order
Order on Motion to Appear Pro Hac Vice
Mon 06/24 10:32 AM
PAPERLESS ORDER granting8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. William O.L. Hutchinson is permitted to appear before this Court on behalf of Defendant for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to William O.L. Hutchinson at whutchinson@mcquirewoods.com. Signed by Judge Darrin P. Gayles (hs01) |
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| 11 | 11
order
Order on Motion to Appear Pro Hac Vice
Mon 06/24 10:28 AM
PAPERLESS ORDER granting7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Jarrod D. Shaw is permitted to appear before this Court on behalf of Defendant for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Jarrod D. Shaw at jshaw@mcquirewoods.com. Signed by Judge Darrin P. Gayles (hs01) |
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| 10 | 10
order
Order on Motion to Appear Pro Hac Vice
Mon 06/24 10:25 AM
PAPERLESS ORDER granting6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Nellie E. Hestin is permitted to appear before this Court on behalf of Defendant for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Nellie E. Hestin at nhestin@mcquirewoods.com. Signed by Judge Darrin P. Gayles (hs01) |
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| Thursday, June 20, 2024 | ||
| 9 | 9
motion
Appear Pro Hac Vice - aty
Thu 06/20 4:50 PM
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Zachary L. McCamey. Filing Fee $ 200.00 Receipt # AFLSDC-17621075 by Wells Fargo Bank, N.A.. Responses due by 7/8/2024.(Rottmann, Emily) |
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Att: 1
Certification
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| 8 | 8
motion
Appear Pro Hac Vice - aty
Thu 06/20 4:48 PM
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for William O. L. Hutchinson. Filing Fee $ 200.00 Receipt # AFLSDC-17621059 by Wells Fargo Bank, N.A.. Responses due by 7/8/2024.(Rottmann, Emily) |
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Att: 1
Certification
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| 7 | 7
motion
Appear Pro Hac Vice - aty
Thu 06/20 4:46 PM
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jarrod D. Shaw. Filing Fee $ 200.00 Receipt # AFLSDC-17621042 by Wells Fargo Bank, N.A.. Responses due by 7/8/2024.(Rottmann, Emily) |
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Att: 1
Certification
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| 6 | 6
motion
Appear Pro Hac Vice - aty
Thu 06/20 4:44 PM
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nellie E. Hestin. Filing Fee $ 200.00 Receipt # AFLSDC-17621018 by Wells Fargo Bank, N.A.. Responses due by 7/8/2024.(Rottmann, Emily) |
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Att: 1
Certification
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| 5 | 5
notice
Notice of Attorney Appearance
Thu 06/20 1:35 PM
NOTICE of Attorney Appearance by Emily Yandle Rottmann on behalf of Wells Fargo Bank, N.A.. Attorney Emily Yandle Rottmann added to party Wells Fargo Bank, N.A.(pty:dft). (Rottmann, Emily) |
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| Monday, June 10, 2024 | ||
| 4 | 4
service
Waiver of Service Executed
Mon 06/10 11:14 AM
WAIVER OF SERVICE Returned Executed by Fanny B Millstein, Martin Kleinbart. Wells Fargo Bank, N.A. waiver sent on 6/6/2024, response/answer due 8/5/2024. (Miles, Seth) |
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| Thursday, June 06, 2024 | ||
| 3 | 3
61
pgs
cmp
Amended Complaint/Amended Notice of Removal
Thu 06/06 12:01 PM
First AMENDED COMPLAINT against Wells Fargo Bank, N.A., filed by Fanny B Millstein, Martin Kleinbart.(Miles, Seth) |
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| Tuesday, June 04, 2024 | ||
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Wed 06/05 8:54 AM
Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (amb) |
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| 1 | 1
30+
pgs
cmp
Complaint
Tue 06/04 4:24 PM
COMPLAINT against Wells Fargo Bank, N.A.. Filing fees $ 405.00 receipt number AFLSDC-17581149, filed by Fanny B Millstein.(Miles, Seth) |
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Att: 1
1 pgs
Civil Cover Sheet
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