Welsh v. Martinez et al
| D'Anna Welsh |
| William V. Martinez, Kelly Martinez, Prosperity Home Mortgage, LLC, Mortgage Electronic Registration Systems, Inc., William V. Martinez, Jr. and Kelly Rousseau |
| 2:2022cv00216 |
| April 5, 2022 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Nicholas P Mizell |
| John E Steele |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.
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Filing 29
RESPONSE in Opposition re #28 MOTION for Extension of Time to File Response/Reply as to #27 Amended Complaint filed by D'Anna Welsh. (Chase, Kenneth)
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Filing 28
MOTION for Extension of Time to File Response/Reply as to #27 Amended Complaint by Kelly Martinez, William V. Martinez, Jr. (Zinn, Brian) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 27
AMENDED COMPLAINT against Kelly Martinez, William V. Martinez, Jr filed by D'Anna Welsh.(Chase, Kenneth)
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Filing 26
ENDORSED ORDER granting #18 and #23 defendants MERS and Prosperity's motions for more time to respond to the complaint. MERS and Prosperity shall respond by June 2, 2022. Signed by Magistrate Judge Nicholas P. Mizell on 5/24/2022. (GSK)
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Filing 25
CASE MANAGEMENT REPORT. (Chase, Kenneth)
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Filing 24
REPLY to Response to Motion re #13 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction to Prevent Further Fraudulent Transfers and Dissipation of Assets by Defendants, #20 MOTION for Leave to File Reply in Support of Plaintiff's Emergency or Time-Sensitive Motion for Temporary Restraining Order and/or Preliminary Injunction to Prevent Further Fraudulent Transfers and Dissipation of Assets filed by D'Anna Welsh. (Chase, Kenneth)
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Filing 23
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Prosperity Home Mortgage, LLC. (Fialkoff, Kassia) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 22
NOTICE of Appearance by Kassia Fialkoff on behalf of Prosperity Home Mortgage, LLC (Fialkoff, Kassia)
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Filing 21
ENDORSED ORDER granting #20 Motion for Leave to File Document. On or before 5/13/22, Plaintiff may file a reply not to exceed seven pages, excluding the case caption and signature block. Signed by Judge John L. Badalamenti on 5/9/2022. (JHA)
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Filing 20
MOTION for Leave to File Reply in Support of Plaintiff's Emergency or Time-Sensitive Motion for Temporary Restraining Order and/or Preliminary Injunction to Prevent Further Fraudulent Transfers and Dissipation of Assets by D'Anna Welsh. (Chase, Kenneth) Modified on 5/9/2022, to edit docket text. (SPB).
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Filing 19
OPPOSITION to 16 Order no pdf, #13 Motion for Temporary Restraining Order filed by Kelly Martinez, William V. Martinez, Jr. (Attachments: #1 Affidavit Certification in Opposition to Motion for Temporary Injunction)(Zinn, Brian) Modified on 5/6/2022, to add docket text. (SPB).
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Filing 18
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Mortgage Electronic Registration Systems, Inc. (Paolini, Christopher) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 17
NOTICE of hearing: Preliminary Pretrial Conference set for 6/9/2022 at 10:40 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 5/18/2022. 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: 22216. 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 16
TEXT ORDER re #13. Plaintiff has filed an Emergency or Time-Sensitive Motion for Temporary Restraining Order and/or Preliminary Injunction to Prevent Further Fraudulent Transfers and Dissipation of Assets in which she seeks to restrain and enjoin Defendants William Martinez and Kelly Rousseau. (Doc. 13.) The Court undertook an immediate review of the filing and finds that it does not warrant handling on an emergency basis or without an opportunity for Defendants to respond. Plaintiff certifies that Defendants' counsel has been served with a copy of the motion. (Id. at 30.) Additionally, Defendants' counsel has filed a waiver of the service of summons as to Defendants Martinez and Rousseau. (Doc. 12.) Accordingly, expedited briefing is appropriate, and any response to the motion is due on or before May 5, 2022. If necessary, a hearing will be scheduled by separate order. Signed by Judge John L. Badalamenti on 4/28/2022. (JHA)
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Filing 15
Case Reassigned to Judge John L. Badalamenti. New case number: 2:22-cv-216-JLB-NPM. Judge John E. Steele no longer assigned to the case. (SMG)
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Filing 14
ORDER reassigning this case to the Honorable John L. Badalamenti for all further proceedings pursuant to Local Rule 1.07(a)(2)(A). Signed by Judge John E. Steele on 4/27/2022. (RKR)
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Filing 13
Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction to Prevent Further Fraudulent Transfers and Dissipation of Assets by Defendants by D'Anna Welsh. (Attachments: #1 Affidavit Declaration of Plaintiff D'Anna Welsh, #2 Text of Proposed Order)(Chase, Kenneth)
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Filing 12
WAIVER of service returned executed on 4/12/2022 by Kelly Martinez, William V. Martinez, Jr as to Kelly Martinez, William V. Martinez, Jr. (Zinn, Brian)
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Filing 11
NOTICE of a related action per Local Rule 1.07(c) by D'Anna Welsh. Related case(s): Yes (Chase, Kenneth)
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Filing 10
NOTICE of Lead Counsel Designation by Kenneth E Chase on behalf of D'Anna Welsh. Lead Counsel: Kenneth Chase. (Chase, Kenneth)
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Filing 9
NOTICE 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. (Signed by Deputy Clerk). (SPB)
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Filing 8
NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (SPB)
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Filing 7
CIVIL Action Order. Signed by All Divisional Judges on 4/8/2022. (SPB)
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Filing 6
SUMMONS issued as to Kelly Martinez. (SPB)
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Filing 5
SUMMONS issued as to Prosperity Home Mortgage, LLC. (SPB)
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Filing 4
SUMMONS issued as to Mortgage Electronic Registration Systems, Inc. (SPB)
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Filing 3
SUMMONS issued as to William V. Martinez, Jr. (SPB)
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Filing 2
NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-0216-JES-NPM. (SJB)
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Filing 1
COMPLAINT against Kelly Martinez, William V. Martinez, Mortgage Electronic Registration Systems, Inc., Prosperity Home Mortgage, LLC (Filing fee $ 402 receipt number AFLMDC-19421705) filed by D'Anna Welsh. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons)(Chase, Kenneth)
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