2025-cv-14083 +组团 近期案件➥ 订阅
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| # | Date | Description |
| 46 |
09/02/2025
|
MOTION for Leave to File First Amended Complaint by Nick Miletak. 翻译 |
| 45 |
08/15/2025
|
ORDER adopting [42] Report and Recommendations and granting [22] Motion to Compel. Staying Case. Signed by Judge K. Michael Moore on 8/15/2025. See attached document for full details. (dp01) 翻译 |
| 44 |
07/28/2025
|
OBJECTIONS to [42] Report and Recommendations by Nick Miletak. 翻译 |
| 43 |
07/25/2025
|
NOTICE of Non-Objection by Wells Fargo Bank, N.A. re [42] REPORT AND RECOMMENDATIONS re [22] MOTION to Compel Arbitration filed by Wells Fargo Bank, N.A. Recommending t Wells Fargo's Motion to Compel Arbitration, DE 22, be GRANTED. I further RECOMMEND that this case be STAYED pend 翻译 |
| 42 |
07/24/2025
|
REPORT AND RECOMMENDATIONS re DE [22] MOTION to Compel Arbitration filed by Wells Fargo Bank, N.A. Recommending Wells Fargo's Motion to Compel Arbitration, DE [22], be GRANTED. I further RECOMMEND that this case be STAYED pending resolution of arbitration, that all other pending motions be DENIED AS MOOT, and that this case be ADMINISTRATIVELY CLOSED until such time as the stay is lifted. Objections to R&R due by 8/7/2025 Signed by Magistrate Judge Shaniek Mills Maynard on 7/24/2025. See attached document for full details. 翻译 |
| 41 |
07/09/2025
|
Notice of Supplemental Authority In Opposition to DE [22] Defendant's Motion to Compel Arbitration by Nick Miletak. 翻译 |
| 40 |
05/30/2025
|
Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties. Filed by Wells Fargo Bank, N.A. 翻译 |
| 39 |
05/23/2025
|
Joint NOTICE of Mediator Selection. Selected/Added Carlos Burruezo, Wells Fargo Bank, N.A. as Mediator. 翻译 |
| 38 |
05/23/2025
|
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney 翻译 |
| 37 |
05/23/2025
|
Joint NOTICE of Mediator Selection by Wells Fargo Bank, N.A. re [35] Order Referring Case to Mediation 翻译 |
| 36 |
05/14/2025
|
PAPERLESS ORDER DENYING MOTION FOR LEAVE TO FILE A SUR-REPLY AND STRIKING UNAUTHORIZED SUR-REPLY: Plaintiff, proceeding pro se, has filed a Motion for leave to file a Sur-Reply to Defendant's Motion to Compel Arbitration ("Motion") [30] and a Sur-Reply to Defendant's Motion to Compel [DE 31]. The Motion argues that Defendant's Reply raises new arguments and evidence not found in its underlying motion to compel arbitration. Upon review of the Motion and its related briefing, this is not the case. "Sur-replies will generally only be permitted in exceptional circumstances." Amargos v. Verified Nutrition, LLC, 666 F. Supp. 3d 1249, 1250 (S.D. Fla. 2022) (denying motion for leave to file a sur-reply as unnecessary, noting the court will disregard new arguments not properly presented in the party's initial brief or raised for the first time in a reply). Accordingly, the Motion is DENIED and Plaintiff's unauthorized Sur-Reply is STRICKEN and will not be considered. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 5/14/2025. (jd02) 翻译 |
| 35 |
05/14/2025
|
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning February 9, 2026, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party with full authority to enter in a full and complete compromise and settlement is mandatory. If any party is not an individual (e.g., a corporation), a representative of that party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. No party shall be excused from attendance without express authorization from the Court. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 5/14/2025. (dp01) 翻译 |
| 34 |
05/14/2025
|
PAPERLESS ORDER SCHEDULING TRIAL IN FORT PIERCE. This case is now set for trial commencing the two-week trial period of February 9, 2026 at 9 a.m. at the United States District Courthouse, 101 South U.S. Highway 1, Ft. Pierce, Florida. All parties are directed to report to the calendar call on February 5, 2026 at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for January 27, 2026, at 11 a.m. The calendar call and the final pretrial conference will take place in Courtroom 13-1 (thirteenth floor), United States District Courthouse, 400 North Miami Avenue, Miami, Florida. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Party's statement of material facts shall be filed as separate exhibits within the Court's electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form "ECF No." In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Court's electronic case filing system (i.e., the page number of the PDF) and the page number of the document. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. 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 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. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 5/14/2025. (dp01) 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. 翻译 |
| 33 |
05/13/2025
|
Joint SCHEDULING REPORT - Rule 16.1 by Wells Fargo Bank, N.A. 翻译 |
| 32 |
05/06/2025
|
NOTICE of Related Actions by Nick Miletak 翻译 |
| 31 |
05/06/2025
|
Plaintiff's Sur-Reply in Opposition re DE [22] MOTION to Compel Arbitration filed by Nick Miletak. Replies due by 5/13/2025. 翻译 |
| 30 |
05/06/2025
|
Plaintiff's Motion to Leave to File Sur-Reply in Opposition to Defendant's Motion to Compel Arbitration DE [22] by Nick Miletak. 翻译 |
| 29 |
05/06/2025
|
Plaintiff's reply to Defendant's Answer and Affirmative Defenses and Motion to Strike DE [26] ANSWER and Affirmative Defenses to Complaint by Nick Miletak. Responses due by 5/20/2025. 翻译 |
| 28 |
05/02/2025
|
REPLY to [25] Response in Opposition to Motion to Compel Arbitration by Wells Fargo Bank, N.A. 翻译 |
| 27 |
05/01/2025
|
PAPERLESS ORDER denying as moot Defendant's Unopposed Second Motion for Extension of Time to Respond to Complaint [23]. Defendant responded to the Complaint and thus there is no need for an extension. Accordingly, Defendant's motion is DENIED AS MOOT. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 5/1/2025. (jd02) 翻译 |
| 26 |
04/30/2025
|
ANSWER and Affirmative Defenses to Complaint with Jury Demand by Wells Fargo Bank, N.A. 翻译 |
| 25 |
04/30/2025
|
PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO COMPEL ARBITRATION DE [22] filed by Nick Miletak. Replies due by 5/7/2025. 翻译 |
| 24 |
04/29/2025
|
PAPERLESS ORDER denying as moot duplicative Defendant's Motion to Compel Arbitration [21]. On April 25, 2025, Defendant filed the same motion twice at [21] and [22], with the only difference being that the second filing includes an attached exhibit. For clarity of record, the first filing at [21] with the missing exhibit is denied as moot. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 4/29/25. (jd02) 翻译 |
| 23 |
04/29/2025
|
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [1] Complaint by Wells Fargo Bank, N.A. 翻译 |
| 22 |
04/25/2025
|
MOTION to Compel Arbitration by Wells Fargo Bank, N.A. Responses due by 5/9/2025. 翻译 |
| 21 |
04/25/2025
|
MOTION to Compel Arbitration by Wells Fargo Bank, N.A. Responses due by 5/9/2025. 翻译 |
| 20 |
04/17/2025
|
PAPERLESS ORDER granting Defendant's Unopposed Motion for Extension of time to Respond to the Complaint [19]. Defendant shall file a response to the complaint on or before April 30, 2025. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 4/17/2025. 翻译 |
| 19 |
04/16/2025
|
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [1] Complaint by Wells Fargo Bank, N.A. 翻译 |
| 18 |
04/16/2025
|
Notice of NO Pending, Refiled, Related or Similar Actions by Wells Fargo Bank, N.A. 翻译 |
| 17 |
04/16/2025
|
NOTICE of Attorney Appearance by Jan Timothy Williams on behalf of Wells Fargo Bank, N.A. Attorney Jan Timothy Williams added to party Wells Fargo Bank, N.A.(pty:dft). 翻译 |
| 16 |
04/16/2025
|
Defendant's Corporate Disclosure Statement (Rule 7.1) by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A. 翻译 |
| 15 |
04/16/2025
|
NOTICE of Attorney Appearance by Christopher Cavaliere on behalf of Wells Fargo Bank, N.A. Attorney Christopher Cavaliere added to party Wells Fargo Bank, N.A.(pty:dft). 翻译 |
| 14 |
04/15/2025
|
PAPERLESS ORDER REFERRING CASE. PURSUANT to 28 U.S.C. � 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Shaniek Mills Maynard to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 4/15/2025. (dp01) 翻译 |
| 13 |
04/15/2025
|
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. 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 no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. 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 possibilities for 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. 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 4/15/2025. (dp01) 翻译 |
| 12 |
04/14/2025
|
CLERK'S NOTICE OF REASSIGNMENT OF CASE. Case reassigned to Judge K. Michael Moore and Magistrate Judge Shaniek Mills Maynard for all further proceedings. Magistrate Judge Shaniek Mills Maynard no longer assigned to case as presider. 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. 翻译 |
| 11 |
04/11/2025
|
PAPERLESS ORDER granting [10] Plaintiff's Motion for Case Reassignment to a District Court Judge. The Clerk of Court is DIRECTED to randomly assign this matter to a District Judge. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 4/11/2025. (jd02) 翻译 |
| 10 |
04/10/2025
|
MOTION For Case Reassignment to a District Judge re [1] Complaint by Nick Miletak. 翻译 |
| 9 |
04/10/2025
|
SUMMONS (Affidavit) Returned Executed on [1] Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Nick Miletak. Wells Fargo Bank, N.A. served on 3/25/2025, response/answer due 4/15/2025. 翻译 |
| 8 |
03/28/2025
|
ORDER RE: CONSENT TO MAGISTRATE JUDGE JURISDICTION AND OPT-OUT PROCEDURES. Signed by Magistrate Judge Shaniek Mills Maynard on 3/28/2025. See attached document for full details. 翻译 |
| 7 |
03/21/2025
|
Summons Issued as to Wells Fargo Bank, N.A. 翻译 |
| 6 |
03/21/2025
|
Clerks Notice of Receipt of Filing Fee received on 3/21/2025 in the amount of $ 405.00, receipt number FLS300239. 翻译 |
| 5 |
03/17/2025
|
ORDER denying [4] Motion for Leave to Proceed in forma pauperis. Plaintiff shall pay the filing fee by or before MONDAY, APRIL 7, 2025. Filing Fee due by 4/7/2025. Signed by Magistrate Judge Shaniek Mills Maynard on 3/17/2025. See attached document for full details. 翻译 |
| 4 |
03/12/2025
|
MOTION for Leave to Proceed in forma pauperis by Nick Miletak. 翻译 |
| 3 |
03/12/2025
|
Consent by Pro Se Litigant (Non-Prisoner) Nick Miletak to receive Notices of Electronic Filing at email address: nmiletak@msn.com. 翻译 |
| 2 |
03/12/2025
|
Judge Assignment to Magistrate Judge Shaniek Mills Maynard. 翻译 |
| 1 |
03/12/2025
|
COMPLAINT against Wells Fargo Bank, N.A. Filing fees $ 405.00. IFP Filed, filed by Nick Miletak. 翻译 |