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Alexander L. Kaplan, Denise A. Kaplan v. Amtrust Bank
January 4, 2012
ALEXANDER L. KAPLAN, DENISE A. KAPLAN, PLAINTIFFS,
AMTRUST BANK, LENTZ APPRAISAL GROUP, INC., GARRETT A. LAW, SUSAN K. LAW, , DEFENDANTS.
This matter comes before the Court on the Defendant, FDIC, as Receiver for Amtrust Bank's et al. Motion to Waive In Person Case Management Conference and for Entry of Proposed Management Report (Doc. #14) filed on December 29, 2011. The FDIC moves the Court to waive the in person Case Management Conference and accept the Case Management Report attached to the instant Motion. As grounds, the FDIC states that on December 9, 2011, all of the Parties met via telephone and agreed to hold the case management conference by telephone. Although the Parties attempted to come to an agreement on the dates for the Case Management Report, it was apparent that no agreement could be reached.
The FDIC states that all Defendants in this case have agreed to the deadlines in the proposed Case Management Report, however, the Plaintiff states that he wants the trial date set for the trial term starting in June of 2013. The Plaintiff Alexander Kaplan, although proceeding pro se in this case is an attorney, states that he has three (3) other cases set for trial prior to the July 2013 trial calendar.
The Court notes that this case was originally filed in the Circuit Court in the Twentieth Judicial Circuit in and for Lee, County, Florida on November 12, 2009, and was removed to this Court in October of 2011. The Defendants argue that if the case is postponed until June of 2013 that it will take almost four (4) years to take the matter to trial. Thus, the Defendants move the Court to accept the attached proposed Case Management Report. The Court will waive the in person requirement and allow the case management conference to proceed via telephone. The Court also notes that cases should be tried within two years or if possible within one year after the Complaint is filed. M.D. Fla. Local Rule 3.05(c)(2)(E). Thus, four years for a case to go to trial is unacceptable barring some unusual circumstances. However, no proposed Case Management Report was attached to the instant Motion. Therefore, the Court will grant the Motion to waive the in person case management conference and allow the Defendant FDIC until January 11, 2012 to file its proposed Case Management Report.
Accordingly, it is now ORDERED:
The Defendant, FDIC, as Receiver for Amtrust Bank's et al. Motion to Waive In Person Case Management Conference and for Entry of the Proposed Management Report (Doc. #14) is GRANTED. The Defendant FDIC has up to and including January 11, 2012, to file a proposed Case Management Report.
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