Gilles v. Ocwen Loan Servicing LLC et al
| Jeffrey Gilles |
| Ocwen Loan Servicing LLC and Standard Guaranty Insurance Company |
| PHH Mortgage Corporation doing business as PHH Mortgage Services |
| 1:2021cv01825 |
| July 6, 2021 |
| US District Court for the District of Colorado |
| Raymond P Moore |
| Kathleen M Tafoya |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.
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| Filing 64 MEMORANDUM regarding #63 MOTION to Dismiss for Failure to State a Claim filed by Standard Guaranty Insurance Company. Motion referred to Magistrate Judge Kathleen M. Tafoya. By Judge Raymond P. Moore on 8/31/2021. (Text Only Entry) (rmsec ) |
| Filing 63 MOTION to Dismiss for Failure to State a Claim by Defendant Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A - Lender Placed Policy)(Fiene, Elayna) |
Filing 62
MINUTE ORDER granting #60 Motion for Extension of Time to Answer or Otherwise Respond. Ocwen Loan Servicing LLC shall answer or otherwise respond no later than 9/15/2021. By Magistrate Judge Kathleen M. Tafoya on 8/31/21. Text Only Entry(kmtlc1 )
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Filing 61
MEMORANDUM regarding #60 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #32 Complaint, 52 Order on Motion for Extension of Time to Answer or Otherwise Respond, filed by Ocwen Loan Servicing LLC. Motion referred to Magistrate Judge Kathleen M. Tafoya. By Judge Raymond P. Moore on 8/30/2021. (Text Only Entry) (rmsec )
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| Filing 60 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #32 Complaint, 52 Order on Motion for Extension of Time to Answer or Otherwise Respond, by Defendant Ocwen Loan Servicing LLC. (Norrow, Beth) |
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Filing 59
MINUTE ORDER granting #57 Motion for Extension of Time to Submit Scheduling Order (Second Joint Motion). The parties shall file their proposed Scheduling Order on or before 9/22/2021. By Magistrate Judge Kathleen M. Tafoya on 8/26/21. Text Only Entry(kmtlc1 )
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Filing 58
MEMORANDUM regarding #57 Joint MOTION for Extension of Time to Submit Scheduling Order (Second Joint Motion) filed by Standard Guaranty Insurance Company. Motion referred to Magistrate Judge Kathleen M. Tafoya. By Judge Raymond P. Moore on 8/25/2021. (Text Only Entry) (rmsec )
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| Filing 57 Joint MOTION for Extension of Time to Submit Scheduling Order (Second Joint Motion) by Defendant Standard Guaranty Insurance Company. (Fiene, Elayna) |
| Filing 56 NOTICE of Entry of Appearance by David Evan Miller on behalf of Jeffrey GillesAttorney David Evan Miller added to party Jeffrey Gilles(pty:pla) (Miller, David) |
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Filing 55
ORDER That Defendant Standard Guaranty's Motion to Consolidate Related Action Pursuant to Fed. R. Civ. P. 42(a)(2) (ECF No. #54 ) is GRANTED as stated herein; That Civil Action No. 21-cv-02167-KMT is consolidated with this action (21-cv-1825-RM-KMT) for all purposes; That all papers in this consolidated action shall be filed in the lowest case number, No. 21-cv-01825-RM-KMT; and That this Order shall also be filed in Civil Action No. 21-cv-02167-KMT, by Judge Raymond P. Moore on 8/25/2021.(evana, )
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| Filing 54 MOTION to Consolidate Cases Pursuant to Fed. R. Civ. P. 42(a)(2) by Defendant Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A - Complaint and Jury Demand)(Fiene, Elayna) |
| Filing 53 NOTICE OF CASE ASSOCIATION by Elayna M. Fiene on behalf of Standard Guaranty Insurance Company (Fiene, Elayna) |
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Filing 52
MINUTE ORDER granting #50 Motion to Extend Time to Answer or Otherwise Respond to the Complaint. Defendants Ocwen Loan Servicing LLC and Standard Guaranty Insurance Company shall answer or otherwise respond to the Complaint no later than 8/31/2021. By Magistrate Judge Kathleen M. Tafoya on 8/10/21. Text Only Entry(kmtlc1 )
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| Filing 51 MEMORANDUM regarding #50 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #40 Stipulation for Extension of Time to Answer/Respond to Complaint, by Defendant Ocwen Loan Servicing LLC and filed by Standard Guaranty Insurance Company. Motion referred to Magistrate Judge Kathleen M. Tafoya. By Judge Raymond P. Moore on 8/10/2021. (Text Only Entry) (rmsec ) |
| Filing 50 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #40 Stipulation for Extension of Time to Answer/Respond to Complaint, by Defendant Ocwen Loan Servicing LLC and by Defendant Standard Guaranty Insurance Company. (Fiene, Elayna) |
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Filing 49
MINUTE ORDER granting #44 Motion for Extension of Time to Submit Scheduling Order. The parties shall submit their proposed scheduling order no later than August 25, 2021. By Magistrate Judge Kathleen M. Tafoya on 8/5/21. Text Only Entry(kmtlc1 )
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Filing 48
MEMORANDUM regarding #44 Joint MOTION for Extension of Time to Submit Scheduling Order filed by Standard Guaranty Insurance Company. Motion referred to Magistrate Judge Kathleen M. Tafoya. By Judge Raymond P. Moore on 8/5/2021. (Text Only Entry) (rmsec )
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Filing 47
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. By Judge Raymond P. Moore on 8/5/2021. (Text Only Entry) (rmsec )
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Filing 46
ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 8/5/2021. (Text Only Entry) (rmsec )
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| Filing 45 CASE REASSIGNED pursuant to #43 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore and drawn to Magistrate Kathleen M. Tafoya. All future pleadings should be designated as 21-cv-01825-RM. (Text Only Entry) (agarc, ) |
| Filing 44 Joint MOTION for Extension of Time to Submit Scheduling Order by Defendant Standard Guaranty Insurance Company. (Fiene, Elayna) |
| Filing 43 CONSENT to Jurisdiction of Magistrate Judge by Defendant Standard Guaranty Insurance Company All parties do not consent.. (Fiene, Elayna) |
| Filing 42 NOTICE of Entry of Appearance by Lindsay N. Aherne on behalf of Ocwen Loan Servicing LLCAttorney Lindsay N. Aherne added to party Ocwen Loan Servicing LLC(pty:dft) (Aherne, Lindsay) |
| Filing 41 NOTICE of Entry of Appearance by Beth A. Norrow on behalf of Ocwen Loan Servicing LLCAttorney Beth A. Norrow added to party Ocwen Loan Servicing LLC(pty:dft) (Norrow, Beth) |
| Filing 40 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Standard Guaranty Insurance Company, Ocwen Loan Servicing LLC. Standard Guaranty Insurance Company answer due 8/10/2021; Ocwen Loan Servicing LLC answer due 8/10/2021. (Ridley, Terence) |
| Filing 39 NOTICE of Entry of Appearance by Terence M. Ridley on behalf of Standard Guaranty Insurance CompanyAttorney Terence M. Ridley added to party Standard Guaranty Insurance Company(pty:dft) (Ridley, Terence) |
| Filing 38 NOTICE of Entry of Appearance by Elayna M. Fiene on behalf of Standard Guaranty Insurance CompanyAttorney Elayna M. Fiene added to party Standard Guaranty Insurance Company(pty:dft) (Fiene, Elayna) |
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Filing 37
ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 8/4/2021. Proposed Scheduling Order due 8/4/2021. By Magistrate Judge Kathleen M. Tafoya on 7/7/2021. (evaug)
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| Filing 36 NOTICE of Entry of Appearance by William David Beyers on behalf of Jeffrey GillesAttorney William David Beyers added to party Jeffrey Gilles(pty:pla) (Beyers, William) |
| Filing 35 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jtorr, ) |
| Filing 34 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (jtorr, ) |
| Filing 33 RETURN of Service of Summons and Complaint upon Ocwen Loan Servicing LLC on 03/12/2021. (jtorr, ) |
| Filing 32 COMPLAINT against Ocwen Loan Servicing LLC, Standard Guaranty Insurance Company, filed by Jeffrey Gilles.(jtorr, ) |
| Filing 31 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (jtorr, ) |
| Filing 30 Case transferred in from District of Florida Southern; Case Number 1:21-cv-21657. File, transfer order and docket sheet received |
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Filing 29
ORDER granting #14 Motion to Transfer. Transferring Action to the United States District Court for the District of Colorado; denying as moot #8 Motion to Remand; denying as moot #9 Motion for Judicial Notice ; denying as moot #10 Motion to Dismiss #1 Notice of Removal (State Court Complaint) for Failure to State a Claim; denying as moot #11 Motion to Dismiss [1 ] Notice of Removal (State Court Complaint); Closing Case. Signed by Senior Judge James Lawrence King on 7/2/2021. See attached document for full details. (ls) [Transferred from Florida Southern on 7/6/2021.]
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| Civil Case Terminated. Closing Case. (ls) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 28 REPLY to Response to Motion re #14 MOTION to Transfer And Incorporated Memorandum of Law filed by Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(McDonough, J) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 27 REPLY to Response to Motion re #10 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McDonough, J) [Transferred from Florida Southern on 7/6/2021.] |
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Filing 26
PAPERLESS ORDER Granting #25 Unopposed Motion for Extension of Time to File Replies to Motions. Replies due by 6/29/2021. Signed by Senior Judge James Lawrence King on 6/21/2021. (jw) [Transferred from Florida Southern on 7/6/2021.]
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| Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #14 MOTION to Transfer And Incorporated Memorandum of Law, #10 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Standard Guaranty Insurance Company. (McDonough, J) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 24 RESPONSE to Motion re #11 Defendant's MOTION Dismiss Complaint re #1 Notice of Removal (State Court Complaint),, filed by Jeffrey Gilles. Replies due by 6/22/2021. (Attachments: #1 Exhibit 1)(Reiner, David) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 23 RESPONSE to Motion re #10 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Jeffrey Gilles. Replies due by 6/22/2021. (Attachments: #1 Exhibit 1)(Reiner, David) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 22 RESPONSE to Motion re #14 MOTION to Transfer And Incorporated Memorandum of Law filed by Jeffrey Gilles. Replies due by 6/22/2021. (Reiner, David) [Transferred from Florida Southern on 7/6/2021.] |
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Filing 21
REVISED ORDER re #20 Order Granting Motion for Extension of Time to File Response to Motions. Signed by Senior Judge James Lawrence King on 6/2/2021. See attached document for full details. (jw) [Transferred from Florida Southern on 7/6/2021.]
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Filing 20
ORDER Granting #18 Motion for Extension of Time to File Response to Motions. Responses due by 6/15/2021 Signed by Senior Judge James Lawrence King on 6/2/2021. See attached document for full details. (jw) [Transferred from Florida Southern on 7/6/2021.]
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| Filing 19 Clerks Notice to Filer re #18 Plaintiff's MOTION for Extension of Time to Respond to the Motions to Dismiss (Dkt. 10, 11) and Motion to Transfer (DE-14) re #14 MOTION to Transfer And Incorporated Memorandum of Law, #11 Defendant's MOTION Dismiss. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 18 First Motion for Extension of Time to File Response/Reply/Answer as to #14 MOTION to Transfer And Incorporated Memorandum of Law, #11 Defendant's MOTION Dismiss Complaint re #1 Notice of Removal (State Court Complaint),, , #10 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Jeffrey Gilles. Responses due by 6/15/2021 (Attachments: #1 Text of Proposed Order)(Reiner, David) Modified Relief on 6/2/2021 (ls). [Transferred from Florida Southern on 7/6/2021.] |
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Filing 17
ORDER Denying #15 Premature Motion to Stay Court Ruling to Stay the Court Fromm Proceeding With Normal Trial Practice. Signed by Senior Judge James Lawrence King on 6/1/2021. See attached document for full details. (jw) [Transferred from Florida Southern on 7/6/2021.]
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| Filing 16 REPLY to Response to Motion re #8 Plaintiff's MOTION to Remand filed by Jeffrey Gilles. (Reiner, David) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 15 Plaintiff's MOTION to Stay Pending Determination of Remand Motion by Jeffrey Gilles. Responses due by 6/11/2021 (Reiner, David) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 14 MOTION to Transfer And Incorporated Memorandum of Law by Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A - Colorado SOS - PHH Mortgage Corporation, #2 Exhibit B - Compass Adjusting Contract)(McDonough, J) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 13 RESPONSE in Opposition re #8 Plaintiff's MOTION to Remand filed by Standard Guaranty Insurance Company. Replies due by 6/2/2021. (Attachments: #1 Exhibit A - Declaration of Jeannie Aragon-Cruz, #2 Exhibit B - FL SOS and OIR Records, #3 Exhibit C - Declaration of Sara Allen, #4 Exhibit D - Colorado SOS)(McDonough, J) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 12 RESPONSE to Motion re #9 Defendant's MOTION for Judicial Notice of Certain Documents re #8 Plaintiff's MOTION to Remand filed by Jeffrey Gilles. Replies due by 6/2/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Reiner, David) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 11 Defendant's MOTION Dismiss Complaint re #1 Notice of Removal (State Court Complaint),, by Ocwen Loan Servicing LLC. (Attachments: #1 Exhibit A - Mortgage)(Norrow, Beth) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 10 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Standard Guaranty Insurance Company. Responses due by 6/1/2021 (Attachments: #1 Exhibit A - Policy)(McDonough, J) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 9 Defendant's MOTION for Judicial Notice of Certain Documents re #8 Plaintiff's MOTION to Remand by Ocwen Loan Servicing LLC. (Attachments: #1 Exhibit A - Merger Documents, #2 Exhibit B - Sunbiz Documents)(Norrow, Beth) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 8 Plaintiff's MOTION to Remand by Jeffrey Gilles. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Reiner, David) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 7 Corporate Disclosure Statement by Standard Guaranty Insurance Company identifying Other Affiliate Assurant, Inc., Other Affiliate Interfinancial Inc., Other Affiliate AMERICAN SECURITY INSURANCE COMPANY for Standard Guaranty Insurance Company (McDonough, J) [Transferred from Florida Southern on 7/6/2021.] |
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Filing 6
PAPERLESS ORDER Granting #5 Unopposed Motion for Extension of Time to Answer Complaint. Answer due 5/17/2021. Signed by Senior Judge James Lawrence King on 5/7/2021. (jw) [Transferred from Florida Southern on 7/6/2021.]
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| Filing 5 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Complaint re #1 Notice of Removal (State Court Complaint),, by Ocwen Loan Servicing LLC. Responses due by 5/20/2021 (Norrow, Beth) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 4 NOTICE by Standard Guaranty Insurance Company re #3 Order, (McDonough, J) [Transferred from Florida Southern on 7/6/2021.] |
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Filing 3
ORDER Directing Plaintiff to File S.D. Fla. Civil Cover Sheet re #1 Notice of Removal (State Court Complaint),, filed by Standard Guaranty Insurance Company Signed by Senior Judge James Lawrence King on 5/3/2021. See attached document for full details. (jw) [Transferred from Florida Southern on 7/6/2021.]
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| Filing 2 Clerks Notice of Judge Assignment to Senior Judge James Lawrence King. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (mee) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-14648520,motion for extension of time to answer filed by Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Standard Guaranty Return of Service, #3 Exhibit C - Ocwen Loan Return of Service, #4 Exhibit D - State Court Documents, #5 Exhibit E - Florida Office of Insurance Regulation Inquiry, #6 Exhibit F - State Court Notice of Filing Notice of Removal, #7 Exhibit State Court Docket Sheet)(McDonough, J) Modified text on 4/30/2021 (mee). [Transferred from Florida Southern on 7/6/2021.] |
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