Shallenburg et al v. PNC Bank N.A. (8:16-cv-00810), Florida Middle District Court

Florida Middle District Court
Judge:Virginia M Hernandez Cov
Referred: Julie S Sneed
Case #: 8:16-cv-00810
Nature of Suit480 Other Statutes - Consumer Credit
Cause15:1692 Fair Debt Collection Act
Case Filed:Apr 04, 2016
Terminated:Jul 15, 2016
Last checked: Saturday Oct 01, 2016 6:32 AM EDT
Defendant
PNC Bank N.A.
Represented By
Robert C. Burgess
Mcglinchey Stafford, Pllc-Jacksonville
contact info
Wesley Lawrence Ridout
Mcglinchey Stafford, Pllc-Jacksonville
contact info
Mediator
Peter J. Grilli
Peter J. Grilli, P.A. 3001 W. Azeele St.
Tampa, FL 33609
Represented By
Peter John Grilli
Peter J. Grilli, PA
contact info
Plaintiff
Deborah Shallenburg
Represented By
Aaron M. Swift
Leavengood, Dauval, Boyle & Meyer PA
contact info
Sara Joanne Weiss
Leavengood, Dauval, Boyle & Meyer PA
contact info
Plaintiff
Michael Shallenburg
Represented By
Aaron M. Swift
Leavengood, Dauval, Boyle & Meyer PA
contact info
Sara Joanne Weiss
Leavengood, Dauval, Boyle & Meyer PA
contact info


Docket last updated: 04/25/2023 11:59 PM EDT
Friday, October 07, 2016
33 33 order Order dismissing case Fri 10/07 1:43 PM
ENDORSED ORDER: This case is dismissed with prejudice, with each side to bear its own costs and attorneys' fees, as stated in the Joint Stipulation for Dismissal with Prejudice. (Doc. # 32 ). Signed by Judge Virginia M. Hernandez Covington on 10/7/2016. (KAK)
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32 32 misc Stipulation of Dismissal Fri 10/07 8:37 AM
STIPULATION of Dismissal Joint Stipulation for Dismissal with Prejudice by Deborah Shallenburg, Michael Shallenburg. (Swift, Aaron)
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Monday, October 03, 2016
31 31 order Order Mon 10/03 11:25 AM
ENDORSED ORDER: On July 14, 2016, based on the mediator's Notice of Settlement, the Court dismissed the case and gave the parties a period of 60 days to file a stipulated form of final order or judgment. (Doc. # 27 ). On September 8, 2016, Plaintiff filed an Unopposed Motion for Extension of Time to File a Final Stipulation of Dismissal. (Doc. # 28 ). The Court granted the extension to and including October 12, 2016. (Doc. # 29 ). On October 3, 2016, Plaintiff filed a Notice of Settlement and Stipulation for Dismissal with Prejudice. (Doc. # 30 ). However, the Notice is not executed by Defendant. Plaintiff's Notice, which references Rule 41(a)(1)(i), does not comply with the Federal Rules of Civil Procedure because Defendant has filed an Answer and the Stipulation is not signed by Defendant's counsel. The parties have until and including October 12, 2016, to file a stipulation bearing all required signatures of counsel. Signed by Judge Virginia M. Hernandez Covington on 10/3/2016. (KAK)
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30 30 notice Notice of settlement Mon 10/03 10:25 AM
NOTICE of settlement Notice of Settlement and Stipulation for Dismissal with Prejudice by Deborah Shallenburg, Michael Shallenburg (Swift, Aaron)
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Thursday, September 08, 2016
29 29 order Order on Motion for Extension of Time to File Thu 09/08 3:11 PM
ENDORSED ORDER granting (Doc. # 28 ) Unopposed Motion for Extension of Time to File a Final Stipulation of Dismissal. The deadline to file a stipulation of dismissal is extended from September 12, 2016, to and including October 12, 2016. Signed by Judge Virginia M. Hernandez Covington on 9/8/2016. (KAK)
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28 28 motion Extension of Time to File Thu 09/08 1:18 PM
Unopposed MOTION for Extension of Time to File Stipulation of Dismissal by Deborah Shallenburg, Michael Shallenburg. (Swift, Aaron)
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Thursday, July 14, 2016
27 27 order Order dismissing case Thu 07/14 2:56 PM
ENDORSED ORDER: That on the basis of the mediator's notice of settlement (Doc. # 26 ), this cause is hereby DISMISSED, without prejudice and subject to the right of the parties, within SIXTY (60) days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that SIXTY (60) day period, however, without further order, this dismissal shall be deemed with prejudice. The Clerk is directed to terminate any previously scheduled deadlines and pending motions, and close the case pending further Order. The Case Management Hearing scheduled for July 21, 2016, is cancelled. Signed by Judge Virginia M. Hernandez Covington on 7/14/2016. (KAK)
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26 26 notice Notice of mediation conference/hearing Thu 07/14 1:40 PM
NOTICE of mediation conference/hearing to be held on Thursday, July 14, 2016 at 9:00 a.m. before Peter J. Grilli, Esquire.(Grilli, Peter)
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Tuesday, July 05, 2016
25 25 misc Certificate of compliance Tue 07/05 5:55 PM
CERTIFICATE of compliance re5 Order Setting Hearing by PNC Bank N.A.. (Burgess, Robert)
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24 24 misc Certificate of compliance Tue 07/05 5:33 PM
CERTIFICATE of compliance re 22 Order directing compliance,5 Order Setting Hearing SCHEDULING ORDER by Deborah Shallenburg, Michael Shallenburg. (Weiss, Sara)
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Tuesday, June 28, 2016
23 23 order Order on Motion to Strike Tue 06/28 1:18 PM
ORDER: PNC Bank's Amended Motion to Strike Plaintiffs' Demand for Jury Trial (Doc. # 15 ) is DENIED. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 6/28/2016. (KAK)
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Friday, June 24, 2016
22 22 order Order directing compliance Fri 06/24 2:58 PM
ENDORSED ORDER: The Court's Scheduling Order imposed the requirement that the parties exchange documents and file those documents with the Court. However, recent filings in similar cases (which are voluminous and contain confidential information) have persuaded the Court that it is neither necessary nor appropriate to require the parties to file the documents at hand. Accordingly, the Court amends its Scheduling Order to state that the parties are not required to file with the Court the documents to be exchanged between counsel. Instead, the Court directs the parties to file a Certificate of Completion when they have provided opposing counsel with the documents that are enumerated in the Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 6/24/2016. (KAK)
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Monday, June 20, 2016
21 21 respoth Reply to response to petition Mon 06/20 3:50 PM
REPLY re18 Response in Opposition to Motion by PNC Bank N.A.. (Burgess, Robert)
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Wednesday, June 15, 2016
20 20 order Order on Motion for Leave to File Wed 06/15 4:36 PM
ENDORSED ORDER granting Defendant PNC Bank N.A.'s Unopposed Motion for Leave to File a Reply to Response in Opposition to Defendant's Motion to Strike Plaintiffs' Demand for Jury Trial (Doc. # 19). PNC Bank N.A. is authorized to file a reply memorandum, limited to three pages, on or before June 20, 2016. Signed by Judge Virginia M. Hernandez Covington on 6/15/2016. (KAK)
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19 19 motion Leave to File Document Wed 06/15 4:13 PM
Unopposed MOTION for leave to file To File Reply to Response In Opposition to Defendant's Motion to Strike Plaintiffs' Demand for Jury Trial by PNC Bank N.A.. (Burgess, Robert)
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Tuesday, June 07, 2016
18 18 respm Response in Opposition to Motion Tue 06/07 5:53 PM
RESPONSE in Opposition re15 Amended MOTION to Strike Plaintiffs' Demand for Jury Trial filed by Deborah Shallenburg, Michael Shallenburg.(Swift, Aaron)
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Att: 1 Exhibit A
Tuesday, May 31, 2016
17 17 order Order on Motion for Extension of Time to File Response/Reply Tue 05/31 4:19 PM
ENDORSED ORDER granting (Doc. # 16 ) Unopposed Motion for Extension of Time to File Response to Defendant PNC Bank, N.A.'s Amended Motion to Strike Plaintiff's Jury Demand. The deadline for Plaintiff's response to the Motion to Strike is extended from May 31, 2016, to and including June 7, 2016. Signed by Judge Virginia M. Hernandez Covington on 5/31/2016. (KAK)
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16 16 motion Extension of Time to File Response/Reply Tue 05/31 3:55 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to15 Amended MOTION to Strike Plaintiffs' Demand for Jury Trial by Deborah Shallenburg, Michael Shallenburg. (Swift, Aaron)
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Monday, May 16, 2016
15 15 motion Strike Mon 05/16 3:47 PM
Amended MOTION to Strike Plaintiffs' Demand for Jury Trial by PNC Bank N.A.. (Burgess, Robert)
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14 14 order Order on Motion to Strike Mon 05/16 2:57 PM
ORDER: PNC Bank, N.A.'s Motion to Strike Plaintiffs' Demand for Jury Trial (Doc. # 13 ) is DENIED WITHOUT PREJUDICE for failure to comply with Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 5/16/2016. (KAK)
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13 13 motion Strike Mon 05/16 2:10 PM
MOTION to Strike Plaintiffs' Demand For Jury Trial by PNC Bank N.A.. (Burgess, Robert)
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12 12 answer Answer to Complaint Mon 05/16 1:25 PM
ANSWER to 1 Complaint by PNC Bank N.A..(Burgess, Robert)
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Thursday, May 05, 2016
11 11 order Order on motion for extension of time to answer Thu 05/05 10:10 AM
ENDORSED ORDER: Defendant's Unopposed Motion for Extension of Time (Doc. # 10 ) is granted. The deadline for Defendant to respond to the Complaint is extended from May 5, 2016, to and including May 16, 2016. Signed by Judge Virginia M. Hernandez Covington on 5/5/2016. (KAK)
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Wednesday, May 04, 2016
10 10 motion Extension of Time to File Answer Wed 05/04 2:56 PM
Unopposed MOTION for Extension of Time to File Answer re1 Complaint by PNC Bank N.A.. (Ridout, Wesley)
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Thursday, April 21, 2016
9 9 notice Notice of mediation conference/hearing Thu 04/21 4:37 PM
NOTICE of mediation conference/hearing to be held on July 14, 2016 at 9:00a.m. before Peter J. Grilli. (Lercher, Gregory)
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8 8 misc Certificate of interested persons and corporate disclosure statement Thu 04/21 4:29 PM
CERTIFICATE of interested persons and corporate disclosure statement by Deborah Shallenburg, Michael Shallenburg. (Weiss, Sara)
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7 7 notice Notice of pendency of related cases Thu 04/21 4:26 PM
NOTICE of pendency of related cases re4 Related case order and track 2 notice per Local Rule 1.04(d) by Deborah Shallenburg, Michael Shallenburg. Related case(s): y (Weiss, Sara)
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Monday, April 18, 2016
6 6 notice Notice of pendency of related cases Mon 04/18 2:30 PM
NOTICE of pendency of related cases per Local Rule 1.04(d) by PNC Bank N.A.. Related case(s): no (Burgess, Robert)
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Thursday, April 14, 2016
5 5 order Order Setting Hearing Thu 04/14 12:03 PM
SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This case is hereby referred to mediation. Peter J. Grilli, Esq. is appointed to serve as mediator in this case. The parties shall schedule a mediation conference for any date prior to July 18, 2016. Aaron M. Swift is directed to file a Notice of Scheduling Mediation by April 29, 2016, indicating the date, time, and location of the mediation conference. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). In the event mediation does not result in settlement of this action, this Court will conduct a Case Management Hearing on July 21, 2016, at 9:00 AM in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Signed by Judge Virginia M. Hernandez Covington on 4/14/2016. (SAT)
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Tuesday, April 12, 2016
4 4 order Related case order and track 2 notice Tue 04/12 4:42 PM
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 4/12/2016. (SAT)
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3 3 notice Notice of appearance Tue 04/12 12:08 PM
NOTICE of Appearance by Robert C. Burgess on behalf of PNC Bank N.A. (Burgess, Robert)
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Tuesday, April 05, 2016
2 2 service Summons issued Wed 04/06 4:09 PM
SUMMONS issued as to PNC Bank N.A.. (JEQ)
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Monday, April 04, 2016
1 1 cmp Complaint Wed 04/06 4:07 PM
COMPLAINT against PNC Bank N.A. with Jury Demand (Filing fee $ 400 receipt number TPA035924) filed by Michael Shallenburg, Deborah Shallenburg.(JEQ)
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Att: 1 Exhibit A,
Att: 2 Civil Cover Sheet