Chavez v. Bank of America, N.A. et al
| Florida Southern District Court | |
| Judge: | Jacqueline Becerra |
| Case #: | 1:24-cv-22419 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity |
| Case Filed: | Jun 24, 2024 |
| Case in other court: | Eleventh Judicial Circuit, 24-009179-CA-01 |
| Last checked: Monday Jun 24, 2024 4:07 PM EDT |
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Defendant
Bank of America, N.A.
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Represented By
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Defendant
Truist Bank
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Represented By
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Plaintiff
Paul Chavez
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Represented By
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| Docket last updated: 06/30/2024 11:59 PM EDT |
| Thursday, June 27, 2024 | ||
| 4 | 4
order
- Order (PAPERLESS or pdf attached)
Thu 06/27 10:56 AM
PAPERLESS ORDER REGARDING PROCEDURES. The Court enters the following Order to apprise the parties of its procedures. The parties shall comply with the following: 1. SERVICE : Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS : In the event a served Defendant does not appear in this action, the Plaintiffs shall file a motion for clerk's default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for final default judgment, if applicable, shall be filed within seven days of the entry of default. 3. CERTIFICATE OF INTERESTED PARTIES : Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 4. JOINT SCHEDULING REPORTS : Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's template scheduling order, found at https://www.flsd.uscourts.gov/sites/flsd/files/TemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's template scheduling order or those proposed by the Local Rules should be noted in the Joint Scheduling Report along with an explanation for why more or less time is necessary. The Court provides these guidelines to assist the parties in proposing deadlines that are meaningful and realistic for the parties, counsel, and the Court. If the Court selects the trial date and dispositive motion deadline that the Parties proposed in their Joint Scheduling Report, the Court will not extend those deadlines absent extraordinary circumstances. 5. FILING OF MOTIONS : All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel provided at least forty-eight hours for a response before the filing of the motion. 6. EXTENSIONS OF TIME : Compliance with all deadlines--whether set by Court order or under the Federal and Local Rules--is mandatory. Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include (1) the conferral statement required under Local Rule 7.1 specifying what methods were used to confer; (2) a list of any prior motions for extension of time, the basis for those requests, and whether they were granted; (3) a specific statement regarding the circumstances necessitating the requested relief; (4) a specific period for the relief requested, and (5) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 6/27/2024. (ad02) |
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| Wednesday, June 26, 2024 | ||
| 3 | 3
motion
Dismiss for Failure to State a Claim
Wed 06/26 5:00 PM
MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Bank of America, N.A.. Responses due by 7/10/2024. (Serradet, Sahily) |
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| Monday, June 24, 2024 | ||
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 06/24 3:56 PM
Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (ar24) |
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| 1 | 1
cmp
Notice of Removal (State Court Complaint)
Mon 06/24 3:16 PM
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-17628145, filed by Bank of America, N.A..(Parrino, Marc) No Answer / Motion to Dismiss filed. Modified on 6/24/2024 (ar24) |
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Att: 1
Civil Cover Sheet,
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Att: 2
15 pgs
Exhibit A- State Court Complaint,
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Att: 3
Exhibit B-State Court Records,
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Att: 4
Exhibit C-State Court Notice of Filing Notice of Removal
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