FLA Mortgage Capital Corporation v. Tyre et al
| FLA MORTGAGE CAPITAL CORPORATION |
| John E. Tyre, Kay Tyre, John Edwin Tyre II and Lanita K. Tyre |
| 3:2022cv01012 |
| September 19, 2022 |
| US District Court for the Middle District of Florida |
| Patricia D Barksdale |
| Brian J Davis |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 37 Consent MOTION for Miscellaneous Relief, specifically LEAVE TO APPEAR REMOTELY AT MEDIATION by All Parties and Counsel by FLA Mortgage Capital Corporation. (Levine, Eric) |
Filing 36
ENDORSED ORDER: The parties are advised that absent leave of Court to attend mediation by Zoom or similar platform, the Court will require that all parties appear in person for mediation. Signed by Judge Brian J. Davis on 3/7/2023. (CKS)
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| Filing 35 Unopposed MOTION to Substitute Party Plaintiff by FLA Mortgage Capital Corporation. (Attachments: #1 Exhibit 1 (Assignment of Note and Mortgage), #2 Exhibit 2 (Consent to Substitution))(Levine, Eric) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 34 Amended MOTION for Extension of Time to File Answer to Plaintiff's Complaint by All Defendants. (Robinson, Kris) Motions referred to Magistrate Judge Patricia D. Barksdale. |
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Filing 33
ENDORSED ORDER denying without prejudice #30 the defendants' motion for an extension of time for failure to supplement the motion within the three-day period under Local Rule 3.01(g). Signed by Magistrate Judge Patricia D. Barksdale on 3/6/2023. (DS)
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| Filing 32 NOTICE of mediation conference/hearing to be held on April 4, 2023; 10:00 a.m. before Viktoria Collins, Esq..(Levine, Eric) |
| Filing 31 ANSWER and affirmative defenses to #1 Complaint by John E. Tyre, Kay Tyre. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Robinson, Kris) |
| Filing 30 Third MOTION for Extension of Time to File Answer to Plaintiff's Complaint by All Defendants. (Robinson, Kris) Motions referred to Magistrate Judge Patricia D. Barksdale. |
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Filing 29
ORDER denying #28 the plaintiff's motion for entry of clerk's default without prejudice to filing a motion that complies with Local Rule 3.01(g). Signed by Magistrate Judge Patricia D. Barksdale on 2/17/2023. (DS)
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| Filing 28 MOTION for Clerk's Default against All Defendants by FLA Mortgage Capital Corporation. (Levine, Eric) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 27 CASE REFERRED to Mediation. (JDR) |
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Filing 26
CASE MANAGEMENT AND SCHEDULING ORDER: Conduct mediation hearing by 5/1/2023; Discovery due by 7/31/2023; Dispositive motions due by 8/30/2023; 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; Bench 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 2/2/2023. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP)
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Filing 25
ORDER DENYING AS MOOT #21 Plaintiff's Motion to Compel Compliance with Local Rule 3.02; DISCHARGING #22 Order to Show Cause. A Case Management and Scheduling Order shall enter. Signed by Judge Brian J. Davis on 2/2/2023. (AMP)
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Filing 24
ORDER DENYING #18 Defendants' Motion to Dismiss. Signed by Judge Brian J. Davis on 2/2/2023. (AMP)
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| Filing 23 CASE MANAGEMENT REPORT. (Levine, Eric) |
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Filing 22
ORDER directing Defendants to SHOW CAUSE on or before February 10, 2023, why default should not be entered in favor of Plaintiff. Also, by that date, Defendants must confer with Plaintiff to prepare and file the case management report. Defendants' failure to comply with this Order may result in judgment being entered in favor of Plaintiff. Signed by Judge Brian J. Davis on 1/25/2023. (AMP)
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| Filing 21 MOTION to Compel COMPLIANCE WITH LOCAL RULE 3.02 by FLA Mortgage Capital Corporation. (Attachments: #1 Exhibit A (e-mails))(Levine, Eric) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 20 RESPONSE in Opposition re #18 MOTION to Dismiss complaint filed by FLA Mortgage Capital Corporation. (Levine, Eric) |
| Filing 19 SUPPLEMENT re #18 MOTION to Dismiss complaint to add certification by John E. Tyre, Kay Tyre. (Robinson, Kris) |
| Filing 18 MOTION to Dismiss complaint by John E. Tyre, Kay Tyre. (Robinson, Kris) |
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Filing 17
ENDORSED ORDER granting #16 the defendants' unopposed second motion for an extension of time. The defendants must respond to the complaint by January 9, 2023. Signed by Magistrate Judge Patricia D. Barksdale on 1/4/2023. (DS)
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| Filing 16 UNOPPOSED SECOND MOTION for Extension of Time by John E. Tyre, Kay Tyre. (Robinson, Kris) Motions referred to Magistrate Judge Patricia D. Barksdale. (Modified on 1/4/2023 to edit docket text) (JDR). |
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Filing 15
ENDORSED ORDER granting #14 the defendants' unopposed motion for an extension of time. The defendants must respond to the complaint by January 3, 2023. For future filings, counsel must use the correct case designation (3:22-cv-1012-BJD-PDB). Signed by Magistrate Judge Patricia D. Barksdale on 12/15/2022. (DS)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply by John E. Tyre, Kay Tyre. (Robinson, Kris) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 13 NOTICE of Appearance as Lead Counsel for Defendant by John E. Tyre, Kay Tyre. (Robinson, Kris) (Modified on 12/13/2022 to edit docket text and terminate pending motion)(JDR). |
| Filing 12 PROOF of service by FLA Mortgage Capital Corporation (Levine, Eric) |
| Filing 11 PROOF of service by FLA Mortgage Capital Corporation (Levine, Eric) |
| Filing 10 AMENDED CERTIFICATE of interested persons and corporate disclosure statement by FLA Mortgage Capital Corporation. (Levine, Eric) (Modified on 12/1/2022 to edit docket text) (JDR). |
| 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). (CKS) |
| Filing 8 CORPORATE Disclosure Statement by FLA Mortgage Capital Corporation. (Levine, Eric) |
| Filing 7 SUMMONS issued as to Kay Tyre. (JDR) |
| Filing 6 SUMMONS issued as to John E. Tyre. (JDR) |
| Filing 5 NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge Patricia D. Barksdale. New case number: 3:22-cv-1012-BJD-PDB. (NAS) |
| Filing 4 PROPOSED summons to be issued by FLA MORTGAGE CAPITAL CORPORATION. (Levine, Eric) |
| Filing 3 PROPOSED summons to be issued by FLA MORTGAGE CAPITAL CORPORATION. (Levine, Eric) |
| Filing 2 NOTICE of lis pendens by FLA MORTGAGE CAPITAL CORPORATION (Levine, Eric) |
| Filing 1 COMPLAINT to Foreclose Mortgage against FLA MORTGAGE CAPITAL CORPORATION (Filing fee $402 receipt number AFLMDC-20009874) filed by FLA MORTGAGE CAPITAL CORPORATION. (Attachments: #1 Exhibit A (CCPA Printout), #2 Exhibit B (Warranty Deed), #3 Exhibit C (Bank of America Equity Maximizer Agreement and Disclosure Statement), #4 Exhibit D (Mortgage), #5 Exhibit E (AOM), #6 Exhibit F (AOM), #7 Exhibit G (Request Letter), #8 Exhibit H (Refusal Letter), #9 Exhibit I (Amended Mortgage), #10 Exhibit J (AOM), #11 Appendix Certificate of Note Possession, #12 Civil Cover Sheet)(Levine, Eric) |
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