The Okavage Group, LLC v. UWM Holdings Corporation et al
| THE OKAVAGE GROUP, LLC |
| UWM HOLDINGS CORPORATION, MAT ISHBIA, United Wholesale Mortgage, LLC and Mathew Ishbia |
| 3:2021cv00448 |
| April 23, 2021 |
| US District Court for the Middle District of Florida |
| Brian J Davis |
| James R Klindt |
| Laura Lothman Lambert |
| Anti-Trust |
| 15 U.S.C. § 0001 Antitrust Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 69 SECOND AMENDED COMPLAINT against Mathew Ishbia, United Wholesale Mortgage, LLC with Jury Demand filed by The Okavage Group, LLC.(JDR) |
Filing 68
ORDER granting #67, Plaintiff's Unopposed Motion for Leave to Amend First Amended Class Action Complaint and Supporting Memorandum of Law; denying #46, Defendants' Motion to Dismiss as moot; and withdrawing #61, the undersigned's Report and Recommendation. The Clerk of Court is directed to file exhibit A to Plaintiff's Motion, #67, Second Amended Class Action Complaint, as the operative complaint. Defendants shall respond to the Second Amended Class Action Complaint within the time permitted by the Federal Rules of Civil Procedure. Signed by Magistrate Judge Laura Lothman Lambert on 11/8/2022. (REL) Modified on 11/8/2022 (REL).
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| Filing 67 UNOPPOSED MOTION for Leave to Amend #32 Amended Complaint and Supporting Memorandum of Law by The Okavage Group, LLC. (Attachments: #1 Exhibit A, #2 Main Document Brief in Support to Amend)(Goodman, Robert) Motions referred to Magistrate Judge Laura Lothman Lambert. (Modified on 10/24/2022 to edit docket text) (JDR). (Modified on 10/27/2022 per Chambers) (JDR). |
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Filing 66
ORDER HOLDING IN ABEYANCE #46 Motion to Dismiss. Plaintiff shall file on or before October 21, 2022, a motion for leave to file a second amended complaint or by that same date file notice that it rests upon the allegations stated in its Amended Complaint #32. Signed by Judge Brian J. Davis on 9/26/2022. (AMP)
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| Filing 65 RESPONSE to objections to #61 Report and Recommendations on Motion to Dismiss filed by Mat Ishbia, Mathew Ishbia, United Wholesale Mortgage, LLC. (Goldstein, Glenn) |
| Filing 64 NOTICE of Appearance by Sabrina Niewialkouski on behalf of Mathew Ishbia, United Wholesale Mortgage, LLC (Niewialkouski, Sabrina) |
| Filing 63 OBJECTION re #61 REPORT AND RECOMMENDATIONS re #46 MOTION to Dismiss First Amended Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) filed by Mathew Ishbia, United Wholesale Mortgage, LLC. . (Attachments: #1 Exhibit A, #2 Exhibit B)(Goodman, Robert) (Modified on 8/11/2022 to edit docket text) (JDR). |
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Filing 62
ORDER denying without prejudice #52 Motion for Limited Discovery Necessary to Refute Defendant Ishbia's Challenge to Personal Jurisdiction. Signed by Magistrate Judge Laura Lothman Lambert on 7/29/2022. (REL)
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| Filing 61 REPORT AND RECOMMENDATIONS re #46 Motion to Dismiss First Amended Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) filed by Mathew Ishbia, United Wholesale Mortgage, LLC. Signed by Magistrate Judge Laura Lothman Lambert on 7/27/2022. (REL) |
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Filing 60
ORDER referring motion for report and recommendation: #46 Defendants' MOTION to Dismiss Amended Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) and Memorandum in Support of Law. Signed by Judge Brian J. Davis on 4/22/2022. (CKS) Motions referred to Magistrate Judge Laura Lothman Lambert.
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Filing 59
ENDORSED ORDER: The parties' Joint and Unopposed Motion for Extension of Pre-Trial Deadlines (Doc. #58) is DENIED. Signed by Judge Brian J. Davis on 1/13/2022. (CKS)
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| Filing 58 Joint MOTION for Extension of Time to Amend re #44 Case Management / FLSA / ADA / Social Security / Scheduling Order by The Okavage Group, LLC. (Goodman, Robert) Motions referred to Magistrate Judge Laura Lothman Lambert. |
| Filing 57 CASE Reassigned to Magistrate Judge Laura Lothman Lambert. New case number: 3:21-cv-448-BJD-LLL. Magistrate Judge James R. Klindt no longer assigned to the case. Motion(s) REFERRED: #52 MOTION for Discovery NECESSARY TO REFUTE DEFENDANT ISHBIA'S CHALLENGE TO PERSONAL JURISDICTION. Motion(s) referred to Magistrate Judge Laura Lothman Lambert. (BGR) |
| Filing 56 RESPONSE in Opposition re #52 MOTION for Discovery filed by Mathew Ishbia. (Goldstein, Glenn) |
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Filing 55
ENDORSED ORDER: #54 Defendants' Motion for Leave to File Ten-Page Reply Brief is DENIED. Signed by Judge Brian J. Davis on 11/2/2021. (AMP)
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| Filing 54 MOTION for Leave to File Other Document :Reply Brief by Mathew Ishbia, United Wholesale Mortgage, LLC. (Peral, Stephanie) |
| Filing 53 RESPONSE in Opposition re #46 MOTION to Dismiss First Amended Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) filed by The Okavage Group, LLC. (Attachments: #1 Exhibit Exhibit A)(Goodman, Robert) |
| Filing 52 MOTION for Discovery NECESSARY TO REFUTE DEFENDANT ISHBIA'S CHALLENGE TO PERSONAL JURISDICTION by The Okavage Group, LLC. (Goodman, Robert) Motions referred to Magistrate Judge James R. Klindt. |
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Filing 51
ENDORSED ORDER: #47 Defendants' Motion to Stay Discovery is GRANTED. Discovery in this case is stayed pending further order of this case. Signed by Judge Brian J. Davis on 9/29/2021. (CKS)
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Filing 50
ENDORSED ORDER: #48 Plaintiff's Motion for Extension of Time and #49 Plaintiff's Motion to Exceed Pages are GRANTED. Plaintiff shall file its response of no more than forty (40) substantive pages on or before October 28, 2021. Signed by Judge Brian J. Davis on 9/22/2021. (AMP)
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| Filing 49 MOTION to File Excess Pages by The Okavage Group, LLC. (Goodman, Robert) |
| Filing 48 MOTION for Extension of Time to File Response/Reply as to #46 MOTION to Dismiss First Amended Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) by The Okavage Group, LLC. (Goodman, Robert) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 47 MOTION to Stay Discovery Pending Ruling on Defendants' Motion to Dismiss by Mathew Ishbia, United Wholesale Mortgage, LLC. (Goldstein, Glenn) |
| Filing 46 MOTION to Dismiss First Amended Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) by Mathew Ishbia, United Wholesale Mortgage, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Goldstein, Glenn) |
| Filing 45 CASE REFERRED to Mediation. (AEP) |
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Filing 44
CASE MANAGEMENT AND SCHEDULING ORDER: Move for class certification by 8/31/2022; Discovery due by 1/13/2023; Mediator selection due by 2/1/2023; Dispositive motions due by 7/3/2023; Conduct mediation hearing by 9/1/2023; Pretrial statement due by 1/17/2024; Final Pretrial Conference set for 1/24/2024 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 2/5/2024 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 8/23/2021. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP)
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Filing 43
ENDORSED ORDER: #41 Defendants' Unopposed Motion for Leave to Exceed Page Limitations is GRANTED. Defendants may file a motion to dismiss in excess of twenty-five pages but no more than forty pages. Signed by Judge Brian J. Davis on 8/18/2021. (AMP)
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| Filing 42 PROOF of service by The Okavage Group, LLC (Goodman, Robert) |
| Filing 41 Unopposed MOTION to File Excess Pages by Mathew Ishbia, United Wholesale Mortgage, LLC. (Goldstein, Glenn) |
| Filing 40 CASE MANAGEMENT REPORT. (Goldstein, Glenn) |
| Filing 39 CERTIFICATE of interested persons and corporate disclosure statement by The Okavage Group, LLC. (Goodman, Robert) |
| Filing 38 CERTIFICATE of interested persons and corporate disclosure statement by Mathew Ishbia, United Wholesale Mortgage, LLC. (Goldstein, Glenn) |
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Filing 37
ORDER granting #36 Defendants' Unopposed Motion for Extension of Time to Respond to First Amended Class Action Complaint. Defendants shall have up to and including 9/7/2021 to file a response to the First Amended Class Action Complaint (Doc. No. 32). Signed by Magistrate Judge James R. Klindt on 8/5/2021. (MDC)
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| Filing 36 Unopposed MOTION for Extension of Time to File Response to First Amended Class Action Complaint by Mathew Ishbia, United Wholesale Mortgage, LLC. (Goldstein, Glenn) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 35 NOTICE of Appearance by Stephanie Peral on behalf of United Wholesale Mortgage, LLC (Peral, Stephanie) |
| Filing 34 NOTICE of Appearance by Avi Benayoun on behalf of United Wholesale Mortgage, LLC (Benayoun, Avi) |
| Filing 33 NOTICE of Appearance by Glenn E. Goldstein on behalf of United Wholesale Mortgage, LLC (Goldstein, Glenn) |
| Filing 32 AMENDED COMPLAINT against United Wholesale Mortgage, LLC, Mathew Ishbia with Jury Demand. Terminating Mat Ishbia (individually) and UWM Holdings Corporation filed by The Okavage Group, LLC. Related document: #1 Complaint filed by The Okavage Group, LLC. (Attachments: #1 Exhibit A)(AEP) |
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Filing 31
ORDER denying as moot #16 Defendants' Motion to Dismiss Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) and Memorandum of Law in Support and #17 Defendants' Motion to Stay Discovery Pending Ruling on Defendants' Dispositive Motion to Dismiss and Incorporated Memorandum of Law in light of granting #29 Plaintiff's Amended Unopposed Motion for Leave to Amend Class Action Complaint and Supporting Memorandum of Law; the Clerk of Court shall file the First Amended Class Action Complaint and its attachment (Doc. Nos. 29-1 through 29-2) as of the date of this Order. Defendants shall respond to the First Amended Class Action Complaint within the time permitted by the Federal Rules of Civil Procedure. Pursuant to the Court's 7/21/2021 Order (Doc. No. 26), the parties shall have up to and including 8/17/2021 to file a joint case management report. Signed by Magistrate Judge James R. Klindt on 8/3/2021. (MDC)
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| Filing 30 Amended RESPONSE in Opposition to Defendants' now-moot #16 Motion to Dismiss by The Okavage Group, LLC. (Goodman, Robert) Modified text/event on 8/2/2021. (AEP) |
| Filing 29 Amended Unopposed MOTION for Leave to Amend Class Action Complaint and Supporting Memorandum of Law by The Okavage Group, LLC. (Attachments: #1 Exhibit Exhibit A- First Amended Complaint, #2 Exhibit Exhibit A to the First Amended Complaint)(Goodman, Robert) Motions referred to Magistrate Judge James R. Klindt. Modified text on 8/2/2021. (AEP) |
| Filing 28 RESPONSE in Opposition re #16 MOTION to Dismiss Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) filed by The Okavage Group, LLC. (Goodman, Robert) |
| Filing 27 Agreed MOTION for Leave to Amend Class Action Complaint and Supporting Memorandum of Law (Attachments: #1 Exhibit Exhibit A to Motion for Leave, #2 Exhibit Exhibit A to First Amended Complaint)(Goodman, Robert) Motions referred to Magistrate Judge James R. Klindt. Modified text on 8/2/2021. (AEP) |
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Filing 26
ORDER granting #23 Parties' Joint Motion for Extension of Time to File Case Management Report. The parties shall file a joint case management report no later than fourteen (14) days after the Court has issued a ruling on Defendants' Motion to Dismiss Class Action Complaint Pursuant to Rules 12(b) (1), 12(b)(2), and 12(b)(6) and Memorandum of Law in Support (Doc. No. 16) or Defendants' Motion to Stay Discovery Pending Ruling on Defendants' Dispositive Motion to Dismiss and Incorporated Memorandum of Law (Doc. No. 17). Signed by Magistrate Judge James R. Klindt on 7/21/2021. (MDC)
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| Filing 25 CORPORATE Disclosure Statement by UWM Holdings Corporation. (Goldstein, Glenn) |
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Filing 24
ENDORSED ORDER: #22 Plaintiff's Unopposed Motion for Extension of Time is GRANTED. Plaintiff shall respond to Defendant's Motion to Stay on or before August 17, 2021. Signed by Judge Brian J. Davis on 7/20/2021. (AMP)
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| Filing 23 Joint MOTION for Extension of Time to File Case Management Report by Plaintiff and by All Defendants. (Goldstein, Glenn) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Stay Discovery Pending Ruling on Defendants' Dispositive Motion to Dismiss by All Plaintiffs. (Goodman, Robert) Motions referred to Magistrate Judge James R. Klindt. |
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Filing 21
ENDORSED ORDER: #19 Plaintiff's Unopposed Motion for Extension of Time is GRANTED. Plaintiff shall respond to Defendant's Motion to Stay on or before July 16, 2021. Signed by Judge Brian J. Davis on 7/6/2021. (AMP)
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Filing 20
ENDORSED ORDER: #18 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss is GRANTED. Plaintiff shall respond to Defendant's Motion on or before July 30, 2021. Signed by Judge Brian J. Davis on 7/6/2021. (AMP)
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| Filing 19 First MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Stay Discovery Pending Ruling on Defendants' Dispositive Motion to Dismiss by All Plaintiffs. (Attachments: #1 Text of Proposed Order Proposed Order)(Goodman, Robert) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 18 First MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) by All Plaintiffs. (Attachments: #1 Text of Proposed Order Proposed Order)(Goodman, Robert) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 17 MOTION to Stay Discovery Pending Ruling on Defendants' Dispositive Motion to Dismiss by All Defendants. (Goldstein, Glenn) |
| Filing 16 MOTION to Dismiss Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) by All Defendants. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Goldstein, Glenn) |
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Filing 15
ENDORSED ORDER: #14 Defendant's Unopposed Motion for Leave to Exceed Page Limitations is GRANTED. Defendants may file a motion to dismiss of no more than forty (40) substantive pages. Signed by Judge Brian J. Davis on 6/10/2021. (AMP)
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| Filing 14 Unopposed MOTION to File Excess Pages by Mat Ishbia, UWM Holdings Corporation. (Goldstein, Glenn) |
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Filing 13
ORDER granting #11 Defendants' Unopposed Motion for Extension of Time to Respond to Class Action Complaint. Defendants shall have up to and including 6/18/2021 to file a response to the Class Action Complaint (Doc. No. 1).The proposed order attached to the Motion (Doc. No. 11-1) is STRICKEN, and the Clerk shall remove it from the electronic filing system. Signed by Magistrate Judge James R. Klindt on 5/7/2021. (MDC)
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| Filing 12 NOTICE of Appearance by Avi Benayoun on behalf of Mat Ishbia, UWM Holdings Corporation (Benayoun, Avi) |
| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Mat Ishbia, UWM Holdings Corporation. (Attachments: # 1 Text of Proposed Order)(Goldstein, Glenn) Motions referred to Magistrate Judge James R. Klindt. Modified on 5/10/2021 - PDF of proposed order removed per Court Order. (AEP) |
| Filing 10 NOTICE of Appearance by Stephanie Peral on behalf of Mat Ishbia, UWM Holdings Corporation (Peral, Stephanie) |
| Filing 9 NOTICE of Appearance by Glenn E. Goldstein on behalf of Mat Ishbia, UWM Holdings Corporation (Goldstein, Glenn) |
| Filing 8 PROOF of service by The Okavage Group, LLC (Goodman, Robert) |
| Filing 7 RETURN of service executed on 05/04/2021 as to UWM Holdings Corporation by The Okavage Group, LLC (Goodman, Robert) Modified text on 5/5/2021. (AEP) |
| Filing 6 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). (CKS) |
| Filing 5 SUMMONS issued as to Mat Ishbia, UWM Holdings Corporation. (AEP) |
| Filing 4 PROPOSED summons to be issued by The Okavage Group, LLC. (Goodman, Robert) |
| Filing 3 PROPOSED summons to be issued by The Okavage Group, LLC. (Goodman, Robert) |
| Filing 2 NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge James R. Klindt. New case number: 3:21-cv-0448-BJD-JRK. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18172317) filed by THE OKAVAGE GROUP, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet)(Goodman, Robert) |
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