PNC Bank, National Association v. MDTR LLC et al
| PNC Bank, National Association and NW Acquisitions, LLC |
| MDTR LLC, Serge Cote and Bank of America, N.A. |
| Philip J. von Kahle |
| James Robert Betts |
| 5:2014cv00573 |
| October 22, 2014 |
| US District Court for the Middle District of Florida |
| Ocala Office |
| Sumter |
| Timothy J Corrigan |
| Philip R Lammens |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 92 CERTIFICATE of service by NW Acquisitions, LLC re #91 Order on Motion for Confirmation of Foreclosure Sales. (Kramer, Matthew) |
Filing 91
WRIT OF POSSESSION AND ORDER CONFIRMING FORECLOSURE SALES. NW Acquisitions, LLC's Motion to Confirm Foreclosure Sales is GRANTED. The foreclosure sales conducted on 12/9/16 are CONFIRMED. See Order for further details. Signed by Judge Timothy J. Corrigan on 12/27/2016. (SEJ)
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| Filing 90 Unopposed MOTION for Confirmation of Foreclosure Sales by NW Acquisitions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kramer, Matthew) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 89 NOTICE re #57 Order of 14 Day Objection Period to Sales by NW Acquisitions, LLC (Kramer, Matthew) Modified on 12/13/2016 (BMN). |
| Filing 88 NOTICE of Filing Special Master's Report of Foreclosure Sales by NW Acquisitions, LLC (Kramer, Matthew) Modified on 12/13/2016 (BMN). |
| Filing 87 CERTIFICATE of service re #86 Proof of publication and #85 Proof of publication by NW Acquisitions, LLC . (Kramer, Matthew) Modified on 12/7/2016 (BMN). |
| Filing 86 PROOF of publication filed by NW Acquisitions, LLC. Newspaper: Sumter County Times Date(s) of publication November 10, 17, 24, and December 1, 2016. (Kramer, Matthew) |
| Filing 85 PROOF of publication filed by NW Acquisitions, LLC. Newspaper: Daily Commercial Date(s) of publication November 7, 14, 21 and 28, 2016. (Kramer, Matthew) |
| Filing 84 NOTICE of Assignment of Final Judgment of Foreclosure and Credit Bid by NW Acquisitions, LLC (Kramer, Matthew) Modified on 11/15/2016 (BMN). |
| Filing 83 Re-NOTICE of Sale re Lake County by NW Acquisitions, LLC (Kramer, Matthew) Modified on 11/15/2016 (BMN). |
| Filing 82 Re-NOTICE of Sale re Sumter County by NW Acquisitions, LLC (Kramer, Matthew) Modified on 11/15/2016 (BMN). |
| Filing 81 CERTIFICATE of service relating to Final Judgment of Foreclosure by NW Acquisitions, LLC (Kramer, Matthew) Modified on 11/4/2016 (BMN). |
| Filing 80 Re-NOTICE of Sale, published in Sumter County, Florida, by NW Acquisitions, LLC (Kramer, Matthew) Modified on 11/4/2016 (BMN). |
| Filing 79 Re-NOTICE of Sale, published in Lake County, Florida, by NW Acquisitions, LLC < (Kramer, Matthew) Modified on 11/4/2016 (BMN). |
| Filing 78 NOTICE of withdrawal re Unopposed MOTION for Confirmation of Foreclosure Sales by NW Acquisitions, LLC (Kramer, Matthew) Modified on 11/4/2016 (BMN). |
| Filing 77 Supplemental CERTIFICATE of service re #74 Unopposed Motion for Confirmation of Foreclosure Sales by NW Acquisitions, LLC (Kramer, Matthew) Modified on 11/4/2016 (BMN). |
| Filing 76 NOTICE re 75 Order to file Notice with the Court by NW Acquisitions, LLC (Kramer, Matthew) Modified on 11/3/2016 (BMN). |
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Filing 75
ENDORSED ORDER. By 11/10/16, NW Acquisitions, LLC shall contact MDTR LLC through Isaac Manzo, Esq., MDTR's representative, and file a notice with the Court stating his position regarding #74 the Unopposed Motion to Confirm Foreclosure Sales or otherwise satisfy the Court that MDTR does not oppose the motion. Signed by Judge Timothy J. Corrigan on 10/28/2016. (SEJ)
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| Filing 74 Unopposed MOTION for Confirmation of Foreclosure Sales by NW Acquisitions, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Kramer, Matthew) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 73 NOTICE by NW Acquisitions, LLC of Filing Special Master's Report of Foreclosure Sales (Kramer, Matthew) |
| Filing 72 PROOF of publication filed by NW Acquisitions, LLC. Newspaper: Daily Commercial Date(s) of publication August 28, September 4, 11 & 18, 2016. (Kramer, Matthew) |
| Filing 71 PROOF of publication filed by NW Acquisitions, LLC. Newspaper: Sumter County Times Date(s) of publication September 1, 8, 15 & 22, 2016. (Kramer, Matthew) |
| Filing 70 NOTICE of Sale re Sumter County property by NW Acquisitions, LLC (Kramer, Matthew) Modified on 8/26/2016 (BMN). |
| Filing 69 NOTICE of Sale re Lake County property by NW Acquisitions, LLC (Kramer, Matthew) Modified on 8/26/2016 (BMN). |
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Filing 68
ORDER granting #67 Motion to Substitute Party. Signed by Magistrate Judge Philip R. Lammens on 8/17/2016. (AR)
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| Filing 67 Joint MOTION to Substitute Party Plaintiff and Amend Case Caption by NW Acquisitions, LLC. (Kramer, Matthew) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 66 NOTICE of Assignment by NW Acquisitions, LLC (Kramer, Matthew) Modified on 8/9/2016 (BMN). |
| Filing 65 NOTICE of Assignment by NW Acquisitions, LLC (Kramer, Matthew) Modified on 8/9/2016 (BMN). |
| Filing 64 NOTICE of Assignment of Judgment by NW Acquisitions, LLC (Kramer, Matthew) Modified on 8/9/2016 (BMN). |
| Filing 63 NOTICE of Appearance by Matthew Ian Kramer on behalf of NW Acquisitions, LLC (Kramer, Matthew) |
| Filing 62 NOTICE by PNC Bank, National Association re #57 Order - Notice of Cancellation of Foreclosure Sales (Margolin, Jason) |
| Filing 61 NOTICE OF CANCELLATION of 12/12/07 Promissory Note for $ 750,000.00 re #50 Order on motion for summary judgment, Order on Motion for Leave to File and Order on Report and Recommendations by PNC Bank, National Association. (Original mailed to counsel) (LMF) |
| Filing 60 NOTICE OF CANCELLATION of 10/27/05 Line of Credit Mortgage Note for $500,000.00 re #50 Order on motion for summary judgment, Order on Motion for Leave to File and Order on Report and Recommendations by PNC Bank, National Association. (Original mailed to counsel) |
| Filing 59 NOTICE by PNC Bank, National Association re #57 Order - Notice of Sale (Margolin, Jason) |
| Filing 58 NOTICE by PNC Bank, National Association re #57 Order - Notice of Sale (Margolin, Jason) |
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Filing 57
FINAL JUDGMENT OF FORECLOSURE in favor of Plaintiff and against Defendants. See Order for details. Signed by Judge Timothy J. Corrigan on 1/13/2016. (SEJ)
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| Filing 56 NOTICE of compliance: Original promissory notes received, re #50 Order on motion for summary judgment, Order on Motion for Leave to File, Order on Report and Recommendations by PNC Bank, National Association. Documents filed separately. (AMM) (Received in Ocala division 1/19/16) Modified on 1/19/2016 (LMF). |
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Filing 55
ENDORSED ORDER discharging the order to show cause as to why the Court should not hold MDTR in contempt for failure to comply with two court orders in light of the notices, #51 and #53, that MDTR has now paid the relevant parties in compliance with the court orders. Signed by Judge Timothy J. Corrigan on 1/12/2016. (SEJ)
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| Filing 54 NOTICE of compliance re #50 Order on motion for summary judgment, Order on Motion for Leave to File and Order on Report and Recommendations (Attachments: #1 Proposed final Order on Foreclosure) by PNC Bank, National Association (Margolin, Jason) Modified on 1/12/2016 (EMN). |
| Filing 53 NOTICE of compliance re #37 Order awarding fees by PNC Bank, National Association (Margolin, Jason) Modified on 1/8/2016 (EMN). |
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Filing 52
ENDORSED ORDER vacating all remaining #22 Case Management and Scheduling Order deadlines in light of #50 the Order granting #41 PNC's motion for summary judgment. The deadlines set in #50 the Court's December 22, 2015 Order remain. Signed by Judge Timothy J. Corrigan on 12/30/2015. (SEJ)
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| Filing 51 NOTICE of Mediator's payment of MDTR, LLC's Payment to Mediator by James Robert Betts (Betts, James) Modified on 12/31/2015 (EMN). |
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Filing 50
ORDER granting #41 Motion for summary judgment; granting #42 Motion for Leave to File; adopting #47 Report and Recommendations. By 1/11/16, (1) Plaintiff shall submit a proposed final judgment consistent with this Order; and (2) Defendant MDTR is ordered to show cause as to why the Court should not hold it in contempt for failure to comply with two Court Orders. See Order for additional details. Signed by Judge Timothy J. Corrigan on 12/22/2015. (SEJ)
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| Filing 49 NOTICE of Failure to Comply with Court Order re #37 Order awarding plaintiff by PNC Bank, National Association (Margolin, Jason) Modified on 11/25/2015 (EMN). |
| Filing 48 NOTICE That Defendant MDTR, LLC Has Disobeyed This Court's Order Dated November 9, 2015 By Failing To Pay Mediator, by James Robert Betts, Mediator (Betts, James) . Modified on 11/23/2015 (EMN). |
| Filing 47 REPORT AND RECOMMENDATIONS re #41 Plaintiff's MOTION for summary judgment and #42 Plaintiff's MOTION for leave to file original promissory notes. Signed by Magistrate Judge Philip R. Lammens on 11/20/2015. (AR) |
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Filing 46
ORDER granting #44 the Mediator's Motion to Compel payment of cancellation fee: MDTR shall make payment to mediator within ten (10) days of this order. Signed by Magistrate Judge Philip R. Lammens on 11/9/2015. (AR)
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Filing 45
ORDER REFERRING #41 plaintiff's Motion for Summary Judgment to Magistrate Judge for Report and Recommendations regarding an appropriate resolution of the motion. Signed by Judge Timothy J. Corrigan on 10/5/2015. (MD)
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| Filing 44 MOTION to Compel MDTR, LLC's Payment to Mediator James Robert Betts. (Betts, James) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 9/21/2015 (EMN). |
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Filing 43
ORDER granting #40 Motion to Withdraw as Attorney: Attorneys Michael Patrick Fuino and Matthew D. Weidner and the law firm of WeidnerLaw, P.A. are terminated as counsel of record. MDTR LLC has 30 days to retain counsel. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 8/31/2015. (AR)
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| Filing 42 MOTION for leave to file original promissory notes by PNC Bank, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Margolin, Jason) |
| Filing 41 MOTION for summary judgment by PNC Bank, National Association. (Attachments: #1 Exhibit 1 - Affidavit in support, #2 Exhibit 2 - Deposition transcript of MDTR, #3 Exhibit 3 - Affidavit of fees and costs, #4 Exhibit 4 - Declaration of Proposed Master)(Margolin, Jason) |
| Filing 40 MOTION for Matthew D. Weidner to withdraw as attorney by MDTR LLC. (Weidner, Matthew) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 8/25/2015 (EMN). |
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Filing 39
ORDER denying without prejudice #26 Motion for Default Judgment; adopting #31 Report and Recommendations. Signed by Judge Timothy J. Corrigan on 8/10/2015. (WG)
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Filing 38
ORDER granting #36 Defendant Bank of America, N.A.'s motion to be excused from attendance at mediation. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 7/28/2015. (AR)
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Filing 37
ORDER awarding Plaintiff reasonable attorney's fees and expenses incurred in the preparation and filing of the motion to compel #32. Signed by Magistrate Judge Philip R. Lammens on 7/28/2015. (AR)
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| Filing 36 MOTION for miscellaneous relief, specifically Agreed Motion to be Excused from Appearance at Mediation or in the Alternative to Appear Telephonically by Bank of America, N.A.. (Attachments: #1 Text of Proposed Order)(Acosta, Marta) |
| Filing 35 NOTICE of mediation conference/hearing to be held on 8/3/15 at 2:00 p.m. before James R. Betts, Mediator.(Margolin, Jason) Modified on 7/22/2015 (EMN). |
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Filing 34
ORDER directing Defendant Serge Cote to file any objections to the report and recommendation #31 on or before July 31, 2015. Signed by Magistrate Judge Philip R. Lammens on 7/14/2015. (AR)
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| Filing 33 NOTICE of filing affidavit by PNC Bank, National Association re #32 Order on motion to compel (Attachments: #1 Affidavit of Jason L. Margolin re: Attorneys' Fees )(Margolin, Jason) Modified on 7/10/2015 (EMN). |
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Filing 32
ORDER granting #30 Motion to Compel. Plaintiff's motion is GRANTED to the extent that MDTR's corporate representative shall appear for a deposition at the Tampa office of Akerman LLP within fourteen (14) days of this Order. See Order for additional details. Signed by Magistrate Judge Philip R. Lammens on 7/1/2015. (SEJ)
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| Filing 31 REPORT AND RECOMMENDATIONS re #26 MOTION for default judgment against Serge Cote as Trustee of the Serge Cot Family Trust Dated 5/23/00. Signed by Magistrate Judge Philip R. Lammens on 6/16/2015. (AR) |
| Filing 30 MOTION to Compel Deposition of Defendant MDTR LLC's Corporate Representative by PNC Bank, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Margolin, Jason) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 29 NOTICE of service re #28 Order, #26 MOTION for default judgment against Serge Cote as Trustee of the Serge Cot Family Trust Dated 5/23/00 by PNC Bank, National Association. (Margolin, Jason) Modified on 5/7/2015 (MJT). |
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Filing 28
ORDER directing Plaintiff to serve motion for default judgment on Defendant. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 5/5/2015. (AR)
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| Filing 27 ANSWER and affirmative defenses to Complaint by MDTR LLC.(Weidner, Matthew) |
| Filing 26 MOTION for default judgment against Serge Cote as Trustee of the Serge Cote Family Trust Dated 5/23/00 by PNC Bank, National Association. (Attachments: #1 Exhibit 1)(Margolin, Jason) Modified on 4/10/2015 (LMF). |
| Set/reset deadlines/hearings: for Bank of America, N.A., Serge Cote and MDTR LLC. Answer due by 4/22/2015. (LMF) |
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Filing 25
ORDER denying #10 motion to dismiss; directing defendant MDTR, LLC to file answer to complaint by 4/22/2015; directing plaintiff to advise Court by 4/22/2015 as to its intentions re: Serge Cote; parties otherwise to continue to be governed by CMSO (Doc. 22). Signed by Judge Timothy J. Corrigan on 4/6/2015.(SRW)
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| Filing 24 RULE 26(a) Initial Disclosures by MDTR LLC. (Fuino, Michael) ***Counsel notified re filing of discovery. Modified on 4/6/2015 (LMF). |
| Filing 23 RULE 26(a)(1) Initial Disclosures by Bank of America, N.A.. (Acosta, Marta) ***Counsel notified re filing of discovery. Modified on 4/6/2015 (LMF). |
| Filing 22 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery deadline is 8/3/2015; Conduct mediation hearing by 8/3/2015; Dispositive and Daubert motions due by 9/1/2015; Pretrial statement due by 1/14/2016; Final Pretrial Conference set for 1/21/2016 at 10:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan; and, Bench Trial set for trial term commencing 2/1/2016 at 9:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan. Signed by Deputy Clerk on 3/27/2015. (Attachments: #1 Mediation Report form, #2 docket sheet)(MD) |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case order and track 2 notice by Bank of America, N.A. identifying Corporate Parent NB Holdings Corp., Corporate Parent Bank of America Corp., Corporate Parent BANA Holding Corp., Corporate Parent BAC North America Holding Company for Bank of America, N.A... (Acosta, Marta) |
| Filing 20 CASE MANAGEMENT REPORT. (Margolin, Jason) |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case order and track 2 notice by PNC Bank, National Association identifying Corporate Parent PNC Bancorp, Inc., Corporate Parent PNC Financial Service Group, Inc. for PNC Bank, National Association.. (Margolin, Jason) |
| Filing 18 Clerk's ENTRY OF DEFAULT as to Serge Cote as Trustee of the Serge Cote Family Trust dated 5/23/00. (LMF) |
| Filing 17 MOTION for entry of clerk's default as to Serge Cote as Trustee of the Serge Cote Family Trust dated 5/23/00 for failure to respond to complaint re #1 Complaint by PNC Bank, National Association. (Margolin, Jason) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 3/10/2015 (LMF). |
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Filing 16
ENDORSED ORDER denying as moot #14 Motion for Extension of Time to Answer based on the Answer timely filed by Bank of America. Signed by Magistrate Judge Philip R. Lammens on 2/20/2015. (AR)
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| Filing 15 ANSWER and affirmative defenses to #1 Complaint by Bank of America, N.A..(Acosta, Marta) |
| Filing 14 MOTION for Extension of Time to File Answer by Bank of America, N.A.. (Acosta, Marta) Motions referred to Magistrate Judge Philip R. Lammens. |
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Filing 13
ENDORSED ORDER granting #12 Motion for Extension of Time to Answer or respond. Bank of America, N.A. shall file its response to the Complaint by 2/19/2015. Signed by Magistrate Judge Philip R. Lammens on 2/3/2015. (AR)
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| Filing 12 MOTION for Extension of Time to File Answer to #1 Complaint by Bank of America, N.A. (Sum, Alice) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 2/2/2015 (LMF). |
| Filing 11 RESPONSE in Opposition re #10 MOTION to Dismiss Complaint filed by PNC Bank, National Association. (Margolin, Jason) |
| Filing 10 MOTION to Dismiss Complaint by MDTR LLC. (Weidner, Matthew) |
| Filing 9 NOTICE of Appearance by Michael Patrick Fuino on behalf of MDTR LLC (Fuino, Michael) |
| Filing 8 RETURN of service executed on 12/17/14 by PNC Bank, National Association as to MDTR LLC. (Margolin, Jason) Modified on 12/29/2014 (MJT). |
| Filing 7 RETURN of service executed on 11/6/14 by PNC Bank, National Association as to Serge Cote. (Margolin, Jason) Modified on 11/26/2014 (LMF). |
| Filing 6 RETURN of service executed on 11/5/14 by PNC Bank, National Association as to Bank of America, N.A.. (Margolin, Jason) |
| Filing 5 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 10/29/2014. (Attachments: #1 Case Management Report form, #2 Consent to US Magistrate Judge Jurisdiction letter and form)(MD) |
| Filing 4 SUMMONS issued as to All Defendants. (MAM) |
| Filing 3 NOTICE of lis pendens by PNC Bank, National Association. (MAM) |
| Filing 2 Certificate of Possession of Original Promissory Note (MAM) |
| Filing 1 VERIFIED COMPLAINT against All Defendants (Filing fee $ 400 receipt number OCA-5332) filed by PNC Bank, National Association. (Attachments: #1 Exhibits 1-4, #2 Exhibits 5-10, #3 Exhibits 11-20, #4 Exhibits 21-26, #5 civil cover sheet)(MAM) |
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