Depoalo v. Deutsche Bank National Trust Company
Plaintiff: Darleen Depoalo
Defendant: Deutsche Bank National Trust Company, as Trustee Under Pooling and Servicing Agreement dated as of April 1, 2006 Morgan Stanley ABS Capital I Trust 2006-NC3, Mortgage Pass-Through Certificates Series and Deutsche Bank National Trust Company
Case Number: 2:2021cv00038
Filed: January 14, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: John L Badalamenti
Referring Judge: Sheri Polster Chappell
2 Judge: Mac R McCoy
3 Judge: Nicholas P Mizell
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1961
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2021 Opinion or Order Filing 29 ORDERED: Defendant Deutsche Bank National Trust Company's Motion to Quash Service of Process and Vacate Clerk's Default (Doc. #13) is GRANTED. Service is QUASHED and the default entered against Deutsche Bank National Trust Company in state court is VACATED. Plaintiff Darleen Depoalo's Motion for Remand (Doc. #21) is DENIED.Plaintiff Darleen Depoalo's Motion to Strike Untimely Hearsay Declaration and/or for Leave to Reply (Doc. #26) is DENIED. Plaintiff Darleen Depoalo 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)
February 24, 2021 Filing 28 NOTICE of hearing: Preliminary Pretrial Conference set for 5/13/2021 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 4/29/2021. 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: 21038. 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)
February 23, 2021 Filing 27 NOTICE of supplemental authority re #24 Response in Opposition to Motion, #13 Amended MOTION to Quash Service of Process and Vacate Clerk's Default by Deutsche Bank National Trust Company. (Attachments: #1 Exhibit 1 - Decoursy Orders, #2 Exhibit 2 - Weber Order, #3 Exhibit 3 - Glen East Order)(Norrow, Beth)
February 20, 2021 Filing 26 MOTION to Strike Untimely Hearsay Declaration and/or for Leave to Reply and Incorporated Memorandum of Law by Darleen Depoalo. (Blanchard, Jake) Motions referred to Magistrate Judge Nicholas P. Mizell.
February 19, 2021 Filing 25 RESPONSE to Motion re #13 Amended MOTION to Quash Service of Process and Vacate Clerk's Default filed by Darleen Depoalo. (Blanchard, Jake) Modified on 3/3/2021 to reflect counsel notified as to using full case number(MLS).
February 18, 2021 Filing 24 RESPONSE in Opposition re #21 MOTION to Remand to State Court filed by Deutsche Bank National Trust Company. (Attachments: #1 Exhibit A - DBNTC Affidavit, #2 Exhibit B - DBNTC Case Chart)(Norrow, Beth)
February 8, 2021 Filing 23 NOTICE by Darleen Depoalo re #21 MOTION to Remand to State Court Notice of Filing Lazenby Letter (Attachments: #1 Supplement Letter from Megan Lazenby, Esq. to CT Corporation System)(Blanchard, Jake)
February 8, 2021 Filing 22 NOTICE by Darleen Depoalo re #21 MOTION to Remand to State Court Notice of Filing of Affidavit of Michael Levey and Affidavit of Michael Roth (Attachments: #1 Affidavit of Michael Levey, #2 Affidavit of Michael Roth)(Blanchard, Jake)
February 4, 2021 Filing 21 MOTION to Remand to State Court by Darleen Depoalo. (Blanchard, Jake)
February 4, 2021 Filing 18 NOTICE of Appearance by Jake C. Blanchard on behalf of Darleen Depoalo (Blanchard, Jake)
February 3, 2021 Filing 17 DUPLICATE ENTRY MADE IN ERROR.
February 3, 2021 Filing 16 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)
February 3, 2021 Opinion or Order Filing 15 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)
February 2, 2021 Filing 14 NOTICE of a related action per Local Rule 1.07(c) by Deutsche Bank National Trust Company. Related case(s): Yes (Norrow, Beth)
January 29, 2021 Filing 13 Amended MOTION to Quash Service of Process and Vacate Clerk's Default by Deutsche Bank National Trust Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Norrow, Beth) Motions referred to Magistrate Judge Nicholas P. Mizell.
January 29, 2021 Filing 12 CORPORATE Disclosure Statement re #9 Track 2 Notice and Corporate Disclosure Order by Deutsche Bank National Trust Company 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.. (Norrow, Beth)
January 26, 2021 Filing 11 Case Reassigned to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:21-cv-38-FtM-38NPM. Judge John L. Badalamenti, Magistrate Judge Mac R. McCoy no longer assigned to the case. (LMF)
January 25, 2021 Opinion or Order Filing 10 ORDER reassigning case. The Clerk of Court is DIRECTED to REASSIGN this case to U.S. District Judge Sheri Polster Chappell and U.S. Magistrate Judge Nicholas P. Mizell. Signed by Judge John L. Badalamenti on 1/25/2021. (NM)
January 20, 2021 Filing 9 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER Signed by All Divisional Judges on 1/20/2021. (WRW)
January 19, 2021 Opinion or Order Filing 8 TEXT ORDER denying without prejudice: #4 Motion for Final Summary Judgment After Default; #5 Motion to Vacate Default and Opposition to Motion for Summary Judgment After Default; #6 Motion to Disqualify Counsel and for Sanctions for Fraud on the Court; and, #7 Motion to Quash Service of Process. The parties filed these motions before the litigation was removed to this Court and, as such, the motions are not made pursuant to the rules that now govern these federal court proceedings. The parties may renew their motions, if appropriate, under the rules applicable to this Court's proceedings. Signed by Magistrate Judge Mac R. McCoy on 1/19/2021. (WJF)
January 15, 2021 Filing 7 MOTION to Quash service of process by Deutsche Bank National Trust Company, as Trustee Under Pooling and Servicing Agreement dated as of April 1, 2006 Morgan Stanley ABS Capital I Trust 2006-NC3, Mortgage Pass-Through Certificates Series (filed in State Court 1/13/21). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(MLS) Motions referred to Magistrate Judge Mac R. McCoy.
January 15, 2021 Filing 6 MOTION to Disqualify Counsel and for Sanctions for Fraud on the Court (filed in State Court 1/12/21) by Darleen Depoalo. (Attachments: #1 Exhibit Declaration Rolando Reyes)(MLS)
January 15, 2021 Filing 5 MOTION to Vacate and OPPOSITION TO #4 MOTION for Default Judgment against Deutsche Bank National Trust Company, as Trustee Under Pooling and Servicing Agreement dated as of April 1, 2006 Morgan Stanley ABS Capital I Trust 2006-NC3, Mortgage Pass-Through Certificates Series by Deutsche Bank National Trust Company, as Trustee Under Pooling and Servicing Agreement dated as of April 1, 2006 Morgan Stanley ABS Capital I Trust 2006-NC3, Mortgage Pass-Through Certificates Series (filed in State Court 1/8/21) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(MLS)
January 15, 2021 Filing 4 MOTION for Final Summary Judgment after Default against Deutsche Bank National Trust Company, as Trustee Under Pooling and Servicing Agreement dated as of April 1, 2006 Morgan Stanley ABS Capital I Trust 2006-NC3, Mortgage Pass-Through Certificates Series (filed in State Court 12/9/20) by Darleen Depoalo. (MLS) Motions referred to Magistrate Judge Mac R. McCoy.
January 15, 2021 Filing 3 COMPLAINT against Deutsche Bank National Trust Company, as Trustee Under Pooling and Servicing Agreement dated as of April 1, 2006 Morgan Stanley ABS Capital I Trust 2006-NC3, Mortgage Pass-Through Certificates Series with Jury Demand filed (in State Court 11/17/20) by Darleen Depoalo.(MLS)
January 14, 2021 Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Mac R. McCoy. New case number: 2:21-cv-0038-FtM-66MRM. (SJB)
January 14, 2021 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court, Twentieth Judicial Circuit, Hendry County, case number 2020-CA-474 filed in State Court on 11/17/2020. Filing fee $ 402, receipt number 113A-17770628 filed by Deutsche Bank National Trust Company, as Trustee Under Pooling and Servicing Agreement dated as of April 1, 2006 Morgan Stanley ABS Capital I Trust 2006-NC3, Mortgage Pass-Through Certificates Series. (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 Civil Cover Sheet)(Norrow, Beth)

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Plaintiff: Darleen Depoalo
Represented By: Megan Leigh Lazenby
Represented By: Jake C. Blanchard
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Defendant: Deutsche Bank National Trust Company, as Trustee Under Pooling and Servicing Agreement dated as of April 1, 2006 Morgan Stanley ABS Capital I Trust 2006-NC3, Mortgage Pass-Through Certificates Series
Represented By: Beth Ann Norrow
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Defendant: Deutsche Bank National Trust Company
Represented By: Beth Ann Norrow
Represented By: Jason H. Okleshen
Represented By: Matthew Daniel Wolf
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