Battle v. Deutsche Bank National Trust Company et al
Plaintiff: Bernice Battle and Willie Battle
Defendant: Deutsche Bank National Trust Company, American Home Mortgage Servicing Inc. and Ameriquest Mortgage Company
Case Number: 2:2015cv00563
Filed: September 17, 2015
Court: US District Court for the Middle District of Florida
Office: Ft. Myers Office
County: Lee
Presiding Judge: Sheri Polster Chappell
Presiding Judge: Carol Mirando
Nature of Suit: All Other Real Property
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 7, 2016 Opinion or Order Filing 80 ORDER granting in part and denying in part 63 Defendant's Motion for Extension of Time of Discovery Deadline; granting 76 Plaintiffs' Motion for Leave for Plaintiff to File Corrected Opposition to Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint with Prejudice with Memorandum of Law and Motion to Strike with Prejudice; granting in part and denying in part 78 Defendant's Unopposed Motion to Continue All Pending Deadlines, Including Trial, Until Pending Motion to Dismiss is Decided. An amended case management and scheduling order will be issued under separate cover. Signed by Magistrate Judge Carol Mirando on 12/7/2016. (HJ)
December 6, 2016 Opinion or Order Filing 79 ORDER adopting 67 REPORT AND RECOMMENDATIONS re 60 Third MOTION to Amend/Correct Leave to Amended and Add Additional Counts filed by Bernice Battle, Willie Battle. United States Magistrate Judge Carol Mirando's Report and Recommendation ( 67 is ACCEPTED and ADOPTED. Plaintiffs' Opposed Third Amended Motion for Leave to Add Additional Counts to the Second Amended Complaint is DENIED. Plaintiffs' Third Amended Complaint is accepted as filed. Signed by Judge Sheri Polster Chappell on 12/6/2016. (LMF)
September 15, 2016 Opinion or Order Filing 70 ORDER granting 69 Defendant's Unopposed Motion for Extension of Time of Mediation Deadline. See Order for details. Signed by Magistrate Judge Carol Mirando on 9/15/2016. (HJ)
April 29, 2016 Opinion or Order Filing 59 ORDER denying as moot 53 Plaintiff's Amended Motion for Leave to Add Additional Counts to Amended Complaint; denying as moot 54 Defendant's Motion to Dismiss Plaintiffs' Second Amended Complaint with Prejudice with Memorandum of Law and Motion to Strike with Prejudice; denying as moot 56 Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion to Dismiss Plaintiffs' Amended Complaint; denying without prejudice 57 Plaintiff's Second Amended Motion for Leave to Add Additional Counts to Second Amended Complaint; striking 50 Plaintiff's Second Amended Complaint; striking 58 Plaintiffs' Reply to Defendant's Response in Opposition to Plaintiffs' Amended Motion for Leave to Add Additional Counts to Amended Complaint. See Order for details. Signed by Magistrate Judge Carol Mirando on 4/29/2016. (ANW)
February 19, 2016 Opinion or Order Filing 44 ORDER granting in part and denying in part 40 Defendant American Home Mortgage Servicing, Inc. d/b/a Homeward Residential, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint. Counts 1 and 2, as asserted against Defendant American Home Mortgage Servicing, Inc. d/b/a Homeward Residential, Inc., are DISMISSED without prejudice. Plaintiffs have until March 4, 2016, to amend these claims, as specified above. Signed by Judge Sheri Polster Chappell on 2/19/2016. (LMF)
October 27, 2015 Opinion or Order Filing 24 ORDER granting in part 10 Defendants Deutsche Bank National Trust Company and American Home Mortgage Servicing Inc.'s Motion to Dismiss Plaintiffs' Complaint. Counts 3 and 4, as asserted against all Defendants, are DISMISSED with prej udice. Counts 1, 2, 6, and 7, as asserted against Defendant Deutsche Bank National Trust Company, are DISMISSED with prejudice. Counts 1, 2, and 6, as asserted against Defendant American Home Mortgage Servicing Inc., are DISMISSED without prejudice. Plaintiffs have until Thursday, November 12, 2015, to amend these claims, as specified in this Order. The Clerk is directed to terminate Defendant Deutsche Bank National Trust Company from this action. Signed by Judge Sheri Polster Chappell on 10/27/2015. (LMF)
October 22, 2015 Opinion or Order Filing 23 ORDER granting 7 Defendant Ameriquest Mortgage Company's Motion to Dismiss Plaintiffs' Complaint. Count 1, only as to Defendant Ameriquest Mortgage Company, is dismissed with prejudice. Count 5 is dismissed with prejudice in its entirety. The Clerk is directed to terminate Defendant Ameriquest Mortgage Company from this action. Signed by Judge Sheri Polster Chappell on 10/22/2015. (LMF)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System

Search for this case: Battle v. Deutsche Bank National Trust Company et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Deutsche Bank National Trust Company
Represented By: Michelle M. Gervais
Represented By: Tony Perez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: American Home Mortgage Servicing Inc.
Represented By: Michelle M. Gervais
Represented By: Tony Perez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ameriquest Mortgage Company
Represented By: Reid Stephens Manley
Represented By: Laura Westerman Tanner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Bernice Battle
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Willie Battle
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?