Roper et al v. BMO Harris Bank
| Florida Southern District Court | |
| Judge: | Aileen M Cannon |
| Referred: | Ryon M Mccabe |
| Case #: | 9:24-cv-80364 |
| Nature of Suit | 140 Contract - Negotiable Instrument |
| Cause | 18:1964 Racketeering (RICO) Act |
| Case Filed: | Mar 25, 2024 |
| Re-opened: | May 14, 2024 |
| Terminated: | Nov 18, 2024 |
| Last checked: Sunday Sep 22, 2024 4:31 AM EDT |
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Defendant
BMO Harris Bank
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Represented By
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Plaintiff
Kemarly Roper
13736 Barberry Dr.
Wellington, FL 33414 |
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Plaintiff
Stephanie Roper
13736 Barberry Dr.
Wellingotn, FL 33414 |
GPO
Oct 04 2024
REPORT AND RECOMMENDATIONS re 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, recommending that the motion be granted and that plaintiff's complaint be dismissed without prejudice with leave to file an amended complaint. Objections to R&R due by 10/18/2024. Signed by Magistrate Judge Ryon M. McCabe on 10/4/2024. See attached document for full details. (jas) |
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GPO
Oct 25 2024
ORDER ACCEPTING MAGISTRATE JUDGE'S 37 REPORT AND RECOMMENDATION AND PERMITTING REPLEADING: GRANTING 21 DEFENDANTS' MOTION TO DISMISS. Amended Complaint due by 11/14/2024. Signed by Judge Aileen M. Cannon on 10/25/2024. See attached document for full details. (caw) |
| Docket last updated: 3 hours ago |
| Monday, November 18, 2024 | ||
| 40 | 40
2
pgs
order
Order Dismissing/Closing Case or Party
Mon 11/18 3:53 PM
ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE. CLOSING CASE. Signed by Judge Aileen M. Cannon on 11/18/2024. See attached document for full details. (caw) |
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| Friday, October 25, 2024 | ||
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pgs
order
Order Adopting Report and Recommendations ~Util - Set/Reset Deadlines Order on Report and Recommendations Order on Motion to Dismiss for Failure to State a Claim
Fri 10/25 4:21 PM
ORDER ACCEPTING MAGISTRATE JUDGE'S37 REPORT AND RECOMMENDATION AND PERMITTING REPLEADING: GRANTING21 DEFENDANTS' MOTION TO DISMISS. Amended Complaint due by 11/14/2024. Signed by Judge Aileen M. Cannon on 10/25/2024. See attached document for full details. (caw) |
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| Monday, October 07, 2024 | ||
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notice
Notice (Other)
Mon 10/07 12:43 PM
NOTICE of No Opposition by BMO Harris Bank re37 REPORT AND RECOMMENDATIONS re21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BMO Harris Bank Recommending Recommending that the motion be granted and that plaintiff's complaint be dismissed without prejudice with leave (Stevenson, Richard) |
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| Friday, October 04, 2024 | ||
| 37 | 37
motion
Report and Recommendations
Fri 10/04 10:28 AM
REPORT AND RECOMMENDATIONS re21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, recommending that the motion be granted and that plaintiff's complaint be dismissed without prejudice with leave to file an amended complaint. Objections to R&R due by 10/18/2024. Signed by Magistrate Judge Ryon M. McCabe on 10/4/2024. See attached document for full details. (jas) |
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| Thursday, August 29, 2024 | ||
| 36 | 36
order
Order Referring Motion
Thu 08/29 4:38 PM
PAPERLESS ORDER: Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, Defendant's Motion to Dismiss21 is hereby REFERRED to Magistrate Judge Ryon M. McCabe for a Report and Recommendation. Signed by Judge Aileen M. Cannon on 8/29/2024. (jco) |
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| Monday, August 19, 2024 | ||
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respm
Reply to Response to Motion
Mon 08/19 8:46 PM
REPLY to Response to Motion re21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BMO Harris Bank. (Stevenson, Richard) |
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| Monday, August 12, 2024 | ||
| 34 | 34
respm
Response in Opposition to Motion
Mon 08/12 3:56 PM
Plaintiff's Kemarly Roper and Stephanie Roper's Response to21 Defendant's Motion to Dismiss filed by Kemarly Roper, and Stephanie Roper. Replies due by 8/19/2024. (wce) |
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| Thursday, August 08, 2024 | ||
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order
- Order (PAPERLESS or pdf attached)
Thu 08/08 5:00 PM
PAPERLESS ORDER striking 13 Plaintiffs' unauthorized First Amended Complaint. The Amended Complaint was filed more than 21 days after Defendant filed its Motion to Dismiss21 . Fed. R. Civ. P. 15(a)(1)(B). With respect to amendment under Rule 15(a)(2), the Court has not granted leave to file an amended pleading; Plaintiffs have not moved for leave to amend; and there is no indication that Defendant has consented to the amended pleading. See Fed. R. Civ. P. 15(a)(2). Meanwhile, Plaintiffs still have not responded to or answered Defendant's Motion to Dismiss21 , and the deadline to do so expired on August 7, 202431 . The Court nevertheless will extend one final time Plaintiffs' deadline to answer or respond to Defendant's Motion to Dismiss, setting a new response deadline of August 14, 2024 31 . No further extensions of that deadline will be permitted. Should Plaintiffs wish to move for leave to amend, they must fully comply with Federal Rule of Civil Procedure 15 and the Local Rules. Signed by Judge Aileen M. Cannon on 8/8/2024. (cdz) |
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Fri 08/09 11:20 AM
Set Deadlines per DE 33 Order as to21 Motion. Response due by 8/14/2024. (kpe) |
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| Tuesday, August 06, 2024 | ||
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cmp
Amended Complaint/Amended Notice of Removal
Tue 08/06 3:30 PM
AMENDED COMPLAINT against BMO Harris Bank, filed by Kemarly Roper, Stephanie Roper.(caw) |
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| Friday, August 02, 2024 | ||
| 31 | 31
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Motion/R&R Deadlines and Hearings
Fri 08/02 2:51 PM
ORDER REQUIRING RESPONSE TO21 MOTION.( Response due by 8/7/2024.) Signed by Judge Aileen M. Cannon on 8/2/2024. See attached document for full details. (kpe) |
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| Monday, July 22, 2024 | ||
| 30 | 30
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Mon 07/22 1:01 PM
PAPERLESS ORDER granting Plaintiffs'28 Motion for Extension of Time to Respond to21 Defendant's Motion to Dismiss. Plaintiffs shall respond to Defendant's Motion to Dismiss on or before July 29, 2024 , Plaintiffs are reminded of the requirement to comply with S.D. Fla. L.R. 7.1(a)(3). Signed by Judge Aileen M. Cannon on 7/22/2024. (cdz) |
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| Friday, July 12, 2024 | ||
| 29 | 29
order
Order on Motion for Discovery
Fri 07/12 10:01 AM
PAPERLESS ORDER denying27 Plaintiffs' Motion for Discovery. Plaintiffs shall cease filing procedurally improper motions for discovery. Signed by Judge Aileen M. Cannon on 7/11/2024. (cdz) |
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| Thursday, July 11, 2024 | ||
| 28 | 28
motion
Extension of Time to File Response/Reply/Answer
Thu 07/11 4:08 PM
MOTION for Extension of Time to File Response as to21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kemarly Roper, Stephanie Roper. (caw) |
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| Wednesday, July 10, 2024 | ||
| 27 | 27
motion
Discovery
Wed 07/10 4:07 PM
MOTION (PETITION) for Discovery by Kemarly Roper, Stephanie Roper. Responses due by 7/24/2024. (caw) |
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| 26 | 26
order
Order on Motion for Miscellaneous Relief Order on Motion for Discovery
Wed 07/10 12:44 PM
PAPERLESS ORDER denying23 Plaintiffs' Motion for Accounting;24 Plaintiffs' Motion for Verification of Debt; and25 Plaintiffs' Motion for Discovery, and directing Clerk to strike22 Plaintiffs' "Memorandum Regarding Defendant's Conduct, Breach of Contract, Fiduciary Duties, and Violation of Court Procedures." Pro se Plaintiffs are advised that Defendant has filed a Motion to Dismiss this action for failure to state a claim21 , to which a combined response is due by Plaintiffs on or before July 12, 2024. Failure to respond to that Motion or to seek an extension may result in the Court's consideration of the Motion without the benefit of Plaintiffs' response, and may constitute grounds for the granting of Defendant's Motion by default. To be the clear, Plaintiffs' now-stricken Memorandum22 is not a procedurally proper response to Defendant's Motion to Dismiss and shall not be considered as such. Plaintiffs again are reminded to file a proper Response to Defendant's Motion by the July 12, 2024, deadline. The Response shall respond to the specific points and authorities raised in the Motion. Signed by Judge Aileen M. Cannon on 7/10/2024. (cdz) |
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| Tuesday, July 09, 2024 | ||
| 25 | 25
motion
Discovery
Tue 07/09 2:56 PM
MOTION for Discovery by Kemarly Roper, and Stephanie Roper. Responses due by 7/23/2024. (caw) |
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| 24 | 24
motion
Miscellaneous Relief
Tue 07/09 2:54 PM
MOTION (PETITION) FOR VERIFICATION OF DEBT by Kemarly Roper, and Stephanie Roper. (caw) |
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| 23 | 23
motion
Miscellaneous Relief
Tue 07/09 2:53 PM
MOTION FOR ACCOUNTING by Kemarly Roper, and Stephanie Roper. (caw) |
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| 22 | 22
3
pgs
misc
Memorandum
Tue 07/09 2:51 PM
MEMORANDUM TO THE COURT REGARDING DEFENDANT'S CONDUCT, BREACH OF CONTRACT, FIDUCIARY DUTIES, AND VIOLATION OF COURT PROCEDURES by Kemarly Roper, and Stephanie Roper. (caw) |
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| Friday, June 28, 2024 | ||
| 21 | 21
motion
Dismiss for Failure to State a Claim
Fri 06/28 1:45 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BMO Harris Bank. Attorney Richard Scott Stevenson added to party BMO Harris Bank(pty:dft). Responses due by 7/12/2024.(Stevenson, Richard) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit
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| Thursday, June 27, 2024 | ||
| 20 | 20
misc
Letter
Thu 06/27 4:31 PM
Letter to the Court from Kemarley Roper. (jas) |
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| Wednesday, June 26, 2024 | ||
| 19 | 19
order
Order on Motion for Miscellaneous Relief
Wed 06/26 5:20 PM
PAPERLESS ORDER denying17 Plaintiffs' pro se Emergency Motion to Address Illegal Repossession. The motion does not contain a certification that the motion at issue in fact presents a true emergency and requires an immediate ruling, as is required under Fla. L.R. 7.1(d)(1). Nor does a review of the cursory Motion support the notion of a cognizable emergency. Signed by Judge Aileen M. Cannon on 6/26/2024. (cdz) |
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| Tuesday, June 25, 2024 | ||
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service
Summons (Affidavit) Returned Executed
Tue 06/25 4:16 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Kemarly Roper, Stephanie Roper. BMO Harris Bank served on 6/10/2024, response/answer due 7/1/2024. BMO Harris Bank served on 6/18/2024, response/answer due 7/9/2024. BMO Harris Bank served on 6/20/2024, response/answer due 7/11/2024. (jas) |
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| Thursday, June 20, 2024 | ||
| 17 | 17
motion
Miscellaneous Relief
Thu 06/20 12:33 PM
EMERGENCY MOTION TO ADDRESS ILLEGAL REPOSSESSION by Stephanie Roper. (caw) |
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| Wednesday, June 19, 2024 | ||
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order
- Order (PAPERLESS or pdf attached)
Wed 06/19 6:12 PM
PAPERLESS ORDER: To ensure effectuation of proper service on Defendant, the Court hereby directs Plaintiffs to file a Supplement on Service on or before July 1, 2024 . The Supplement shall clarify the specific address at which Defendant BMO Harris Bank was served and also identify with specificity which statutes were followed in properly effectuating service. Signed Judge Aileen M. Cannon on 6/19/2024. (cdz) |
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| Monday, June 17, 2024 | ||
| 15 | 15
service
Summons (Affidavit) Returned Executed
Tue 06/18 10:49 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Kemarly Roper, Stephanie Roper. BMO Harris Bank served on 6/10/2024, response/answer due 7/1/2024. (caw) |
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| Tuesday, May 21, 2024 | ||
| 14 | 14
service
Summons Issued
Tue 05/21 3:52 PM
Summons Issued as to BMO Harris Bank. (caw) |
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| Tuesday, May 14, 2024 | ||
| 13 | 13
notice
Notice of Compliance
Tue 05/14 2:08 PM
CLERK'S NOTICE of Compliance re12 Order. (kpe) |
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| 12 | 12
2
pgs
order
Order on Motion to Reopen Case
Tue 05/14 2:07 PM
ORDER granting10 Motion to Reopen Case and Ordering Service. Signed by Judge Aileen M. Cannon on 5/14/2024. See attached document for full details. (kpe) |
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| Friday, May 10, 2024 | ||
| 11 | 11
misc
Clerk's Receipt (combines Filing Fee and Partial Filing Fee)
Fri 05/10 4:03 PM
CLERK'S NOTICE of Receipt of Filing Fee received on 5/10/2024 in the amount of $ 405.00, receipt number 8901. (caw) |
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| 10 | 10
motion
Reopen Case
Fri 05/10 4:00 PM
MOTION to Reopen Case by Kemarly Roper, and Stephanie Roper. (caw) |
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| Monday, May 06, 2024 | ||
| 9 | 9
notice
Notice of Compliance
Mon 05/06 11:45 AM
NOTICE of Compliance re8 Order Dismissing Case. Order at DE#8 mailed to pro se plaintiffs per DE#8. (scn) |
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| 8 | 8
2
pgs
order
Order Dismissing/Closing Case or Party
Mon 05/06 11:43 AM
ORDER DISMISSING COMPLAINT FOR FAILURE TO COMPLY WITH COURT ORDERS: The Clerk is ordered to CLOSE this case. The Clerk SHALL MAIL a copy of this Order to Plaintiffs at the address listed below. Closing Case. (Without Prejudice) Signed by Judge Aileen M. Cannon on 5/6/2024. See attached document for full details. (scn) |
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| Friday, April 19, 2024 | ||
| 7 | 7
2
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Fri 04/19 9:00 AM
ORDER Denying Without Prejudice6 Amended Motion For Leave To Proceed In Forma Pauperis. Signed by Judge Aileen M. Cannon on 4/18/2024. See attached document for full details. (kpe) |
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| Tuesday, April 16, 2024 | ||
| 6 | 6
motion
Proceed In Forma Pauperis
Wed 04/17 4:09 PM
AMENDED MOTION for Leave to Proceed in forma pauperis by Kemarly Roper, and Stephanie Roper. (caw) |
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| Monday, April 08, 2024 | ||
| 5 | 5
1
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Mon 04/08 12:54 PM
ORDER Denying Without Prejudice3 Motion For Leave To Proceed In Forma Pauperis. On or before April 24, 2024, Plaintiffs may file an amended motion for leave to proceed in forma pauperis. Signed by Judge Aileen M. Cannon on 4/8/2024. See attached document for full details. (kpe) |
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| Tuesday, April 02, 2024 | ||
| 4 | 4
misc
Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing
Wed 04/03 9:38 AM
Consent by Pro Se Litigant (Non-Prisoner) Kemarly Roper, and Stephanie Roper to receive Notices of Electronic Filing at email address: munstagurl@yahoo.com. (wce) |
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| Monday, March 25, 2024 | ||
| 3 | 3
motion
Proceed In Forma Pauperis
Tue 03/26 10:43 AM
MOTION for Leave to Proceed in forma pauperis by Kemarly Roper, Stephanie Roper. (drz) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Tue 03/26 10:42 AM
Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe 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. (drz) |
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| 1 | 1
cmp
Complaint
Tue 03/26 10:37 AM
COMPLAINT FOR DECLARATORY JUDGMENT against BMO Harris Bank. Filing fees $ 405.00. IFP Filed, filed by Kemarly Roper, Stephanie Roper.(drz) |
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Att: 1
Civil Cover Sheet
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