Market Tampa Investments, LLC v Deutsche Bank National Trust Company
| Market Tampa Investments, LLC |
| Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1 |
| 2:2021cv00037 |
| January 14, 2021 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 |
| Plaintiff |
Docket Report
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Filing 31
ORDERED that Plaintiff Market Tampa Investments, LLC's Motion to Strike Defendant's Portion of the Joint Notice of Related Cases (Doc. #28) is DENIED. Signed by Judge Sheri Polster Chappell on 3/8/2021. (AEH)
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Filing 30
ORDERED: Plaintiff Market Tampa Investments, LLC's Motion for Remand (Doc. #12) and Amended Motion for Remand (Doc. #14) are DENIED. Defendant Deutsche Bank National Trust Company's Motion to Quash Service of Process (Doc. #19) is GRANTED. Service is QUASHED and the default entered against Deutsche Bank National Trust Company in state court is VACATED. Plaintiff Market Tampa Investments, LLC's Motion to Strike Untimely Hearsay Declaration and/or for Leave to Reply (Doc. #21) is DENIED. Plaintiff Market Tampa Investments, LLC must serve Defendant Deutsche Bank National Trust Company within 30 days of this Order. Failure to comply will result in the Court dismissing this matter with prejudice. Signed by Judge Sheri Polster Chappell on 3/1/2021. (AEH)
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| Filing 29 NOTICE by Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1 re #28 MOTION to Strike #24 Notice of a Related Action Notice of Non-Compliance With Local Rule 3.01(g) Certification (Norrow, Beth) |
| Filing 28 MOTION to Strike #24 Notice of a Related Action by Market Tampa Investments, LLC. (Segal, Lee) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 27 RESPONSE in Opposition re #19 MOTION to Quash Service of Process filed by Market Tampa Investments, LLC. (Segal, Lee) |
| Filing 26 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 3/9/2021 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 5/13/2021 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 21037. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) |
| Filing 25 NOTICE of supplemental authority re #19 MOTION to Quash Service of Process , #20 Response in Opposition to Motion by Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1. (Attachments: #1 Exhibit 1 - Decoursy Orders, #2 Exhibit 2 - Weber Order, #3 Exhibit 3 - Glen East Order)(Norrow, Beth) |
| Filing 24 NOTICE of a related action /Joint Notice per Local Rule 1.07(c) by Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1. Related case(s): Yes (Attachments: #1 Exhibit A - Related Actions)(Norrow, Beth) |
| Filing 23 PRETRIAL AND DISCOVERY PLAN. (Norrow, Beth) |
| Filing 22 CASE MANAGEMENT REPORT. (Norrow, Beth) |
| Filing 21 MOTION to Strike #20 Response in Opposition to Motion by Market Tampa Investments, LLC. (Segal, Lee) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 20 RESPONSE in Opposition re #14 First MOTION to Remand to State Court Amended, #12 First MOTION to Remand to State Court filed by Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1. (Attachments: #1 Exhibit A - DBNTC Affidavit, #2 Exhibit B - DBNTC Spreadsheet)(Norrow, Beth) |
| Filing 19 MOTION to Quash Service of Process by Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1. (Attachments: #1 Exhibit A - Certificate of Corporate Existence, #2 Exhibit B - Summons on DBNTC, #3 Exhibit C - Affidavit of Service, #4 Exhibit D - CT Corp Rejection Letter, #5 Exhibit E - Affidavit of DBNTC, #6 Exhibit F - Affidavits of Alexandre Halow, #7 Exhibit G - Orders)(Norrow, Beth) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 18 RESPONSE in Opposition re #4 MOTION to Quash Service of Process filed by Market Tampa Investments, LLC. (Segal, Lee) |
| Filing 17 NOTICE TO COUNSEL of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (AEH) |
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Filing 16
CIVIL ACTION ORDER. See order for Court deadlines and directives. Signed by Judge Sheri Polster Chappell, Judge John Badalamenti, Judge John E. Steele, Judge Mac R. McCoy and Judge Nicholas P. Mizell on 2/3/2021.(AEH)
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| Filing 15 NOTICE of a related action per Local Rule 1.07(c) by Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1. Related case(s): Yes (Norrow, Beth) |
| Filing 14 First MOTION to Remand to State Court Amended by Market Tampa Investments, LLC. (Segal, Lee) |
| Filing 13 NOTICE by Market Tampa Investments, LLC of Filing Affidavit of Lior Segal, Esq (Attachments: #1 Letter to CT Corp 9 3 20)(Segal, Lee) |
| Filing 12 First MOTION to Remand to State Court by Market Tampa Investments, LLC. (Segal, Lee) |
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Filing 11
ENDORSED ORDER denying without prejudice #4 Motion to Quash Service of Process. Under new Local Rule 1.06(c), "[a] motion pending in state court and not re-filed within twenty-one days after removal and in compliance with these rules is denied without prejudice." This motion was pending in state court and is not made in compliance with the rules governing federal court proceedings. Defendant has leave to renew its motion, if appropriate, in compliance with the applicable Federal Rules of Civil Procedure and new Local Rules within twenty-one days from the date of this Order. Signed by Magistrate Judge Nicholas P. Mizell on 2/1/2021. (brh)
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| Filing 10 AMENDED NOTICE of Removal by Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1 re #1 Notice of Removal (Attachments: #1 Exhibit A, #2 Exhibit B)(Norrow, Beth) |
| Filing 9 CORPORATE Disclosure Statement re #5 Track 2 Notice and Corporate Disclosure Order by Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1 identifying Corporate Parent Deutsche Bank AG, Other Affiliate Deutsche Bank Holdings, Inc., Other Affiliate Deutsche Bank Trust Corporation, Other Affiliate DB USA Corporation for Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1.. (Norrow, Beth) |
| Filing 8 NOTICE by Market Tampa Investments, LLC (Attachments: #1 Affidavit of Michael Roth)(Segal, Lee) |
| Filing 7 NOTICE by Market Tampa Investments, LLC (Attachments: #1 Affidavit of Michael Levey)(Segal, Lee) |
| Filing 6 NOTICE of hearing: Preliminary Pretrial Conference set for 3/9/2021 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 2/23/2021. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 21037. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) |
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Filing 5
TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER Signed by Magistrate Judge Nicholas P. Mizell on 1/20/2021. (WRW)
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| Filing 4 MOTION to Quash Service of Process (filed in State Court 1/13/21) by Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(MLS) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 3 COMPLAINT against Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1 with Jury Demand filed (in State Court 8/24/20) by Market Tampa Investments, LLC.(MLS) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:21-cv-0037-FtM-38NPM. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Desoto, case number 2020-CA-356 filed in State Court on 8/24/2020. Filing fee $ 402, receipt number 113A-17767332 filed by Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1. (Attachments: #1 State Court COMPLAINT, #2 State Court Pending Motions, #3 State Court Docket Sheet, #4 State Court Other Documents Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Civil Cover Sheet)(Norrow, Beth) |
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| Plaintiff: Market Tampa Investments, LLC | |
| Represented By: | Lee Segal |
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| Defendant: Deutsche Bank National Trust Company, as Trustee for Novastar Mortgage Funding Trust, Series 2007-1 Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-1 | |
| Represented By: | Jason H. Okleshen |
| Represented By: | Beth Ann Norrow |
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