BERLINGER v. WELLS FARGO, N.A.

Case No. 2:11-cv-459-FtM-29CM.

STACEY SUE BERLINGER, aka Stacey Berlinger O'Connor, BRIAN BRUCE BERLINGER, and HEATHER ANNE BERLINGER, as Beneficiaries to the Rosa B. Schweiker Trust and all of its related trusts, Plaintiffs, v. WELLS FARGO, N.A. AS SUCCESSOR TO WACHOVIA BANK, N.A., as Corporate Trustee to the Rosa B. Schweiker Trust, and all of its related trusts, Defendant/Third Party Plaintiff. BRUCE D. BERLINGER and SUE CASSELBERRY, Third Party Defendants.

United States District Court, M.D. Florida, Fort Myers Division.

January 27, 2016.


Attorney(s) appearing for the Case

Stacey Sue Berlinger, as Beneficiaries to the Rosa B. Schwiker Trust and all of its related trusts also known as Stacey Berlinger O'Connor, Plaintiff, represented by Michael R. Presley , Presley Law & Associates, PA, Robert Michael Presley , Presley Law & Associates, PA & Steven Michael Presley , Presley Law & Associates, PA.

Brian Bruce Berlinger, Plaintiff, represented by Michael R. Presley , Presley Law & Associates, PA, Robert Michael Presley , Presley Law & Associates, PA & Steven Michael Presley , Presley Law & Associates, PA.

Heather Anne Berlinger, as Beneficiaries to the Rosa B. Schwiker Trust and all of its related trusts, Plaintiff, represented by Michael R. Presley , Presley Law & Associates, PA, Robert Michael Presley , Presley Law & Associates, PA & Steven Michael Presley , Presley Law & Associates, PA.

Wells Fargo, N.A. as Successor to Wachovia Bank, N.A., as Corporate Trustee to the Rosa B. Schweiker Trust, and all of its related trusts, Defendant, represented by Amy S. Rubin , Fox Rothschild, LLP, Dori K. Stibolt , Fox Rothschild, LLP & Sacha Aaron Boegem , Fox Rothschild, LLP.

Esq. Reuben A Doupe, Interested Party, represented by Reuben Alexander Doupe , Klaus Doupe PA.

Linda LaVay, Movant, represented by Barbara A. Fein , Law Offices of Barbara A. Fein P.C..

Michael A. Hymowitz, Attorney moving to withdraw, Movant, represented by Michael A. Hymowitz , Alan Jay Braverman.

Wells Fargo, N.A. as Successor to Wachovia Bank, N.A., as Corporate Trustee to the Rosa B. Schweiker Trust, and all of its related trusts, Third Party Plaintiff, represented by Amy S. Rubin , Fox Rothschild, LLP, Dori K. Stibolt , Fox Rothschild, LLP & Sacha Aaron Boegem , Fox Rothschild, LLP.

Bruce D. Berlinger, Third Party Defendant, represented by Kenneth Mark Gordon , The Law Office of Kenneth M. Gordon.

Sue Casselberry, Third Party Defendant, represented by Alan Jay Braverman , Braverman & Bogen & Richard L. Rosenbaum , Law Offices of Richard Rosenbaum.

Sue Casselberry, Cross Claimant, represented by Alan Jay Braverman , Braverman & Bogen.

Bruce D. Berlinger, Cross Defendant, represented by Alan Jay Braverman , Braverman & Bogen, Kenneth Mark Gordon , The Law Office of Kenneth M. Gordon & Michael A. Hymowitz , Alan Jay Braverman.

Sue Casselberry, Counter Claimant, represented by Alan Jay Braverman , Braverman & Bogen.

Wells Fargo, N.A. as Successor to Wachovia Bank, N.A., as Corporate Trustee to the Rosa B. Schweiker Trust, and all of its related trusts, Counter Defendant, represented by Amy S. Rubin , Fox Rothschild, LLP, Dori K. Stibolt , Fox Rothschild, LLP & Sacha Aaron Boegem , Fox Rothschild, LLP.

Sue Casselberry, Cross Claimant, represented by Alan Jay Braverman , Braverman & Bogen.

Bruce D. Berlinger, Cross Defendant, represented by Alan Jay Braverman , Braverman & Bogen, Kenneth Mark Gordon , The Law Office of Kenneth M. Gordon & Michael A. Hymowitz , Alan Jay Braverman.


OPINION AND ORDER

This matter comes before the Court on Defendant's Motion to Strike Plaintiff's Jury Demand (Doc. #496) filed on October 30, 2015. Plaintiffs filed a Response (Doc. #499) on November 9, 2015. For the reasons set forth below, the motion to strike is granted....

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