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CLOSED,DLB,MEDIATION,STAYED,WM

U.S. District Court

Southern District of Florida (West Palm Beach)
CIVIL DOCKET FOR CASE #: 9:17-cv-80728-DMM

Schneider v. First American Bank Date Filed: 06/13/2017

Assigned to: Judge Donald M. Middlebrooks Date Terminated: 02/01/2018
Referred to: Magistrate Judge Dave Lee Brannon Jury Demand: Plaintiff
Cause: 15:1692 Fair Debt Collection Act Nature of Suit: 480 Consumer
Credit
Jurisdiction: Federal Question
Plaintiff
Laurence Schneider represented by Brent Tantillo
360 E. Coconut Palm Road Tantillo Law PLLC
Boca Raton, FL 33432 1629 K Street, NW, Suite 300
Washington, DC 20006
786-506-2991
Email: btantillo@tantillolaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Manjit Singh Gill

6810 N. State Road 7
Sute 300
Coconut Creek, FL 33073
954-617-8188
Fax: 954-246-5662
Email: manjit.gillesq@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ryan Drew Gesten

George Gesten McDonald PLLC
9897 Lake Worth Road
Suite 302
 Lake Worth, FL 33467
888-421-4529
Fax: 888-421-4173
Email: Rgesten@4-justice.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
First American Bank represented by Henry H. Bolz , III
as successor by merger to Bank of Keller & Bolz
Coral Gables, LLC 121 Majorca Avenue
Suite 200
Miami, FL 33134
305-529-8500
Fax: 529-0228
Email: hbolz@kellerbolz.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

06/13/2017 1 COMPLAINT against First American Bank. Filing fees $ 400.00
Receipt#: FLS900005132, filed by Laurence Schneider. (Attachments:
# 1 Civil Cover Sheet, # 2 Exhibit)(rms1) (Entered: 06/13/2017)
06/13/2017 2 Clerks Notice of Judge Assignment to Judge Kenneth A. Marra.

Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S.
Magistrate Judge William Matthewman 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. (rms1)
(Entered: 06/13/2017)
06/13/2017 3 Clerks Notice of Receipt of Filing Fee received on 6/13/2017 in the
amount of $ 400, receipt number FLS900005132 (rms1) (Entered:
 06/13/2017)
06/13/2017 4 Summons Issued as to First American Bank. (rms1) (Entered:
06/13/2017)
06/16/2017 5 ORDER TRANSFERRING CASE to Judge Donald M. Middlebrooks
for all further proceedings, accepted and signed on 6/15/2017. Judge
Kenneth A. Marra no longer assigned to case Signed by Judge Kenneth
A. Marra on 6/14/2017. (lan) (Entered: 06/16/2017)
06/19/2017 6 ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon
for Scheduling Conference with receipt of notices for all filings in case,
SCHEDULING ORDER: ( Jury Trial set for 2/20/2018 09:00 AM in
West Palm Beach Division before Judge Donald M. Middlebrooks.,
Calendar Call set for 2/14/2018 01:15 PM before Judge Donald M.
Middlebrooks.) Signed by Judge Donald M. Middlebrooks on
6/19/2017. (lan)

Pattern Jury Instruction Builder - To access the latest, up to date

changes to the 11th Circuit Pattern Jury Instructions go to
https://pji.ca11.uscourts.gov or click here. (Entered: 06/19/2017)
06/19/2017 7 PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING
CONFERENCE. ( Telephone Conference set for 7/5/2017 at 2:00 PM
in West Palm Beach Division before Magistrate Judge Dave Lee
Brannon.) At least 48 hours before the conference, Plaintiff's counsel
shall provide the Court (brannon@flsd.uscourts.gov) and opposing
counsel with a dial-in conference call number. Because of the expedited
nature of the conference, the parties are relieved of Local Rule 16.1(b)'s
conference report requirement. The parties must be prepared at their
assigned time but may have to wait 10-20 minutes before their
conference begins, as the Court sets three cases per 30-minute time slot.
Signed by Magistrate Judge Dave Lee Brannon on 6/19/2017. (sa)
(Entered: 06/19/2017)
06/20/2017 8 ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS Signed by
Judge Donald M. Middlebrooks on 6/20/2017. (lan) (Entered:
06/21/2017)
06/30/2017 9 NOTICE of Attorney Appearance by Manjit Singh Gill on behalf of
Laurence Schneider. Attorney Manjit Singh Gill added to party
Laurence Schneider(pty:pla). (Gill, Manjit) (Entered: 06/30/2017)
06/30/2017 10 NOTICE by Laurence Schneider of Filing of Affidavit of Service on
Defendant (Attachments: # 1 Affidavit Service of Summons and
Complaint on Defendant) (Gill, Manjit) (Entered: 06/30/2017)
06/30/2017 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and
Request to Electronically Receive Notices of Electronic Filing for Brent
Tantillo. Filing Fee $ 75.00 Receipt # 113C-9856590 by Laurence
Schneider. Responses due by 7/14/2017 (Attachments: # 1 Certification
Certification of Brent Tantillo, # 2 Text of Proposed Order)(Gill,
Manjit) (Entered: 06/30/2017)
06/30/2017 12 SUMMONS (Affidavit)(for image see DE#10) Returned Executed on 1
Complaint with a 21 day response/answer filing deadline by Laurence
Schneider. First American Bank served on 6/15/2017, answer due
7/6/2017. (cqs) (Entered: 06/30/2017)
06/30/2017 13 Clerks Notice to Filer re 10 Notice (Other). Wrong Event Selected;
ERROR - The Filer selected the wrong event. The document was re-
docketed by the Clerk, see [de#12]. It is not necessary to refile this
document. (cqs) (Entered: 06/30/2017)
07/05/2017 14 ENDORSED ORDER granting 11 Motion to Appear Pro Hac Vice,
Consent to Designation, and Request to Electronically Receive Notices
of Electronic Filing for Attorney(s) Brent Tantillo. Brent Tantillo of the
law firm of Tantillo Law PLLC may participate in this matter on behalf
of Plaintiff. The Clerk of Court shall provide all electronic filings to
Brent Tantillo at tantillolaw.com. Signed by Judge Donald M.
Middlebrooks on 7/5/2017. (kcr) (Entered: 07/05/2017)
07/05/2017 15 NOTICE of Attorney Appearance by Henry H. Bolz, III on behalf of
First American Bank. Attorney Henry H. Bolz, III added to party First
American Bank(pty:dft). (Bolz, Henry) (Entered: 07/05/2017)
07/05/2017 16 Unopposed Motion for Extension of Time to File
Response/Reply/Answer as to 1 Complaint by First American Bank.
Responses due by 7/19/2017 (Attachments: # 1 Text of Proposed Order)
(Bolz, Henry) Modified Relief on 7/6/2017 (ls). (Entered: 07/05/2017)
07/05/2017 17 Minute Entry for proceedings held before U.S. Magistrate Judge Dave
Lee Brannon: Telephonic Scheduling Conference held on 7/5/2017.
Manjit Gill, Esq. present for Plaintiff. Henry Bolz, Esq. and Sheyla
Mesa, Esq. present for Defendant. Pretrial scheduling matters discussed.
Scheduling Order to follow. (Digital/Time in Court: 14:10:22/11 mins.)
(jrz) (Entered: 07/05/2017)
07/05/2017 18 SCHEDULING ORDER: ( Amended Pleadings due by 7/25/2017.,
Discovery due by 11/28/2017., Joinder of Parties due by 7/25/2017., In
Limine Motions due by 12/12/2017., Dispositive Motions due by
12/12/2017., Motions due by 12/12/2017., Pretrial Stipulation due by
1/23/2018.), ORDER REFERRING CASE to Mediation. Signed by
 Magistrate Judge Dave Lee Brannon on 7/5/2017. (lan)

Pattern Jury Instruction Builder - To access the latest, up to date

changes to the 11th Circuit Pattern Jury Instructions go to
https://pji.ca11.uscourts.gov or click here. (Entered: 07/06/2017)
07/06/2017 19 Clerks Notice to Filer re 16 Unopposed MOTION for Extension of
Time to File Responsive Pleading to Complaint re 1 Complaint. Wrong
Motion Relief(s) Selected; ERROR - The Filer selected the wrong
motion relief(s) when docketing the motion. The correction was made
by the Clerk. It is not necessary to refile this document but future
motions filed must include applicable reliefs. (ls) (Entered: 07/06/2017)
07/06/2017 20 ORDER granting 16 Motion for Extension of Time. The deadline to
respond to the Complaint is extended to August 7, 2017. Signed by
Judge Donald M. Middlebrooks on 7/6/2017. (mcl) (Entered:
07/06/2017)
07/06/2017 Set Deadlines First American Bank answer due 8/7/2017 Per DE#20.
(cqs) (Entered: 07/06/2017)
07/18/2017 21 NOTICE OF UNAVAILABILITY by First American Bank for dates of
October 11, 2017 through November 3, 2017 (Bolz, Henry) (Entered:
07/18/2017)
07/19/2017 22 Request for Clerk to Appoint Mediator(Gill, Manjit) (Entered:
07/19/2017)
07/19/2017 23 NOTICE by Laurence Schneider Joint Discovery Plan (Gill, Manjit)
(Entered: 07/19/2017)
07/20/2017 24 Clerk's Appointment of Mediator: Murray H. Dubbin added (pt)
(Entered: 07/20/2017)
08/07/2017 25 Defendant's MOTION TO DISMISS 1 Complaint FOR FAILURE TO
STATE A CLAIM by First American Bank. Responses due by
8/21/2017 (Attachments: # 1 Exhibit, # 2 Exhibit)(Bolz, Henry)
(Entered: 08/07/2017)
08/21/2017 26 First AMENDED COMPLAINT against All Defendants, filed by
Laurence Schneider. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit,
# 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Gill,
Manjit) (Entered: 08/21/2017)
08/21/2017 27 RESPONSE in Opposition re 25 Defendant's MOTION TO DISMISS 1
Complaint FOR FAILURE TO STATE A CLAIM filed by Laurence
 Schneider. Replies due by 8/28/2017. (Gill, Manjit) (Entered:
08/21/2017)
08/22/2017 28 ENDORSED ORDER denying as moot 25 Motion to Dismiss for
Failure to State a Claim. In light of Plaintiff's filing of the Amended
Complaint (DE 26), Defendant's Motion to Dismiss is denied as moot.
Signed by Judge Donald M. Middlebrooks on 8/22/2017. (kcr)
(Entered: 08/22/2017)
08/31/2017 29 NOTICE of Compliance by Laurence Schneider (Gill, Manjit) (Entered:
08/31/2017)
09/01/2017 30 NOTICE of Compliance by First American Bank (Bolz, Henry)
(Entered: 09/01/2017)
09/05/2017 31 Defendant's MOTION for Extension of Time to File
Response/Reply/Answer as to 26 Amended Complaint by First
American Bank. (Bolz, Henry) (Entered: 09/05/2017)
09/06/2017 32 ENDORSED ORDER granting 31 Motion for Extension of Time. The
deadline for Defendant to reply to Plaintiff's complaint is extended to
September 12, 2017. Signed by Judge Donald M. Middlebrooks on
9/6/2017. (kcr) (Entered: 09/06/2017)
09/06/2017 33 Defendant's MOTION for Leave to File Excess Pages by First
American Bank. (Bolz, Henry) (Entered: 09/06/2017)
09/06/2017 Set Deadlines First American Bank answer due 9/12/2017. (cqs)
(Entered: 09/06/2017)
09/06/2017 34 MOTION to Stay by First American Bank. Responses due by 9/20/2017
(Bolz, Henry) (Entered: 09/06/2017)
09/06/2017 35 NOTICE by First American Bank re 34 MOTION to Stay
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D, # 5 Exhibit E, # 6 Exhibit F) (Bolz, Henry) (Entered: 09/06/2017)
09/06/2017 36 MOTION to Dismiss with Prejudice 26 Amended Complaint by First
American Bank. Responses due by 9/20/2017 (Attachments: # 1 Exhibit
A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6
Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, #
11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Bolz, Henry) (Entered:
09/06/2017)
09/14/2017 37 ENDORSED ORDER granting 33 Motion for Leave to File Excess
Pages. Defendant's already-filed Motion to Dismiss may exceed the
page limit by 7 pages. Defendant should not make it a regular practice
to exceed the page limitations imposed by the applicable rules and
 should not make it a practice to belatedly ask for relief. For example,
should counsel seek additional pages for a motion, the motion
requesting additional pages should be filed prior to filing the motion
which exceeds the page limit. Signed by Judge Donald M.
Middlebrooks on 9/14/2017. (kcr) (Entered: 09/14/2017)
09/20/2017 38 RESPONSE in Opposition re 34 MOTION to Stay filed by Laurence
Schneider. Replies due by 9/27/2017. (Gill, Manjit) (Entered:
09/20/2017)
09/20/2017 39 RESPONSE in Opposition re 36 MOTION to Dismiss with Prejudice
26 Amended Complaint filed by Laurence Schneider. Replies due by
9/27/2017. (Gill, Manjit) (Entered: 09/20/2017)
09/27/2017 40 REPLY to Response to Motion re 36 MOTION to Dismiss with
Prejudice 26 Amended Complaint filed by First American Bank. (Bolz,
Henry) (Entered: 09/27/2017)
09/27/2017 41 REPLY to Response to Motion re 34 MOTION to Stay filed by First
American Bank. (Attachments: # 1 Exhibit)(Bolz, Henry) (Entered:
09/27/2017)
12/06/2017 42 Plaintiff's MOTION Motion for Request for Judicial Notice by
Laurence Schneider. (Attachments: # 1 Exhibit Exhibit A to Motion for
Request for Judicial Notice)(Gill, Manjit) (Entered: 12/06/2017)
12/20/2017 43 RESPONSE in Opposition re 42 Plaintiff's MOTION Motion for
Request for Judicial Notice filed by First American Bank. Replies due
by 12/27/2017. (Bolz, Henry) (Entered: 12/20/2017)
12/27/2017 44 REPLY to Response to Motion re 42 Plaintiff's MOTION Motion for
Request for Judicial Notice filed by Laurence Schneider. (Gill, Manjit)
(Entered: 12/27/2017)
01/02/2018 45 NOTICE by First American Bank re 44 Reply to Response to Motion
for Request for Judicial Notice (Attachments: # 1 Exhibit Exhibit "A")
(Bolz, Henry) (Entered: 01/02/2018)
01/03/2018 46 ENDORSED ORDER. The Parties were ordered to mediate within 60
days of trial and to ensure that the mediator's report was filed with this
Court within seven days of the mediation. (DE 18 ). Therefore the
Parties were required to mediate by December 22, 2017, and were
required to ensure that the mediator's report was filed no later than
December 29, 2017. No mediator's report has been filed to date, and
thus the Parties are ordered to show cause by January 9, 2018 why they
should not be sanctioned for failing to comply with the Court's Order.
 Signed by Judge Donald M. Middlebrooks on 1/3/2018. (kal) (Entered:
01/03/2018)
01/03/2018 Set Deadlines per 46 Order. Show Cause Response due by 1/9/2018.
(asl) (Entered: 01/04/2018)
01/08/2018 47 RESPONSE TO ORDER TO SHOW CAUSE re 46 Order,, by First
American Bank. (Bolz, Henry) (Entered: 01/08/2018)
01/23/2018 48 Joint MOTION to Continue Trial and to Modify Pretrial Scheduling
Order by Laurence Schneider. Responses due by 2/6/2018 (Gill, Manjit)
(Entered: 01/23/2018)
02/01/2018 49 ORDER granting Defendant's Motion For Abstention 34 .; Closing
Case. Motions Terminated: 48 Joint MOTION to Continue Trial and to
Modify Pretrial Scheduling Order filed by Laurence Schneider, 34
MOTION to Stay filed by First American Bank, 36 MOTION to
Dismiss with Prejudice 26 Amended Complaint filed by First American
Bank, 42 Plaintiff's MOTION Motion for Request for Judicial Notice
filed by Laurence Schneider. Signed by Judge Donald M. Middlebrooks
on 1/31/2018. (vmz)

NOTICE: If there are sealed documents in this case, they may be

unsealed after 1 year or as directed by Court Order, unless they
have been designated to be permanently sealed. See Local Rule 5.4
and Administrative Order 2014-69. (Entered: 02/01/2018)
02/01/2018 Terminate Answer Due Deadline Per DE 49 (vmz) (Entered:
02/01/2018)
04/18/2018 50 STIPULATION of Substitution of Counsel by Laurence Schneider
(Gesten, Ryan) (Entered: 04/18/2018)

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Docket Search 9:17-cv-80728-
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