Bank of America, N.A v. HoSang
Plaintiff: Bank of America, N.A.
Defendant: Astor HoSang
Case Number: 5:2014cv00574
Filed: October 22, 2014
Court: US District Court for the Middle District of Florida
Office: Ocala Office
County: Citrus
Presiding Judge: Timothy J Corrigan
Referring Judge: Philip R Lammens
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1441 Notice of Removal-Foreclosure
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 23, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 23, 2015 Opinion or Order Filing 28 ORDER adopting #26 Report and Recommendations. #20 Plaintiff Bank of America, N.A.'s Amended Motion to Dismiss 'Initial Brief' and Response to Motion for Summary Judgment is GRANTED to extent that this case is REMANDED. #11 Motion for Summary Judgment, #21 Defendant's Rule 12(b)(6) Motion to Dismiss, and #22 Emergency Motion for Stay Pending Review are MOOT. All proceedings in state action after 10/22/2014 and before receipt of this Order by the state court are VACATED and VOID AB INITIO. Once remand has been effected, the Clerk should close the file. Signed by Judge Timothy J. Corrigan on 6/23/2015. (Attachments: #1 State trial court docket sheet, #2 State appellate court docket sheet, #3 Order Striking Defendant's Notice of Removal) (BJB)
June 1, 2015 Filing 27 OBJECTION re #26 REPORT AND RECOMMENDATIONS re #20 Amended MOTION to Dismiss "Initial Brief" filed by Bank of America, N.A.. (LAB)
May 15, 2015 Filing 26 REPORT AND RECOMMENDATIONS re #20 Amended MOTION to Dismiss "Initial Brief" filed by Bank of America, N.A. Signed by Magistrate Judge Philip R. Lammens on 5/15/2015. (JWM)
May 13, 2015 Filing 25 Minute Entry. Proceedings held before Magistrate Judge Philip R. Lammens: TELEPHONIC STATUS CONFERENCE held on 5/13/2015. (DIGITAL) (DFD)
May 8, 2015 Opinion or Order Filing 24 ORDER referring pending motions to the Honorable Philip R. Lammens, United States Magistrate Judge, for a Report and Recommendation regarding an appropriate resolution. Signed by Judge Timothy J. Corrigan on 5/8/2015. (SRW) Motions referred to Magistrate Judge Philip R. Lammens.
May 4, 2015 Filing 23 NOTICE of telephonic hearing: Status Conference set for 5/13/2015 at 10:30 AM before Magistrate Judge Philip R. Lammens. The parties shall call the reserved conference call number at (888) 684-8852 and then enter access code 5344767. The security code is 051315. (DFD)
May 4, 2015 Filing 22 Emergency MOTION to stay re #1 Notice of Removal by Astor HoSang. (LAB)
March 16, 2015 Filing 21 MOTION to Dismiss (Rule 12(b)(6)) Plaintiff Bank of America's illegal foreclosure claim, RESPONSE to Intitial Brief and RESPONSE to Summary Judgment by Astor HoSang. (MJT)
February 23, 2015 Filing 20 Amended MOTION to Dismiss "Initial Brief" and Amended RESPONSE to #11 Motion for Summary Judgment by Bank of America, N.A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Serradet, Sahily) Modified on 2/24/2015 (MJT).
February 13, 2015 Filing 19 OBJECTION re #17 Order on Motion for Entry of Default. (MJT)
February 6, 2015 Filing 18 MOTION to Dismiss "Initial Brief" and RESPONSE to #11 MOTION for Summary Judgment by Bank of America, N.A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Serradet, Sahily) Modified on 2/9/2015 (MJT).
February 3, 2015 Opinion or Order Filing 17 ORDER denying as moot #14 #15 Defendant's Motions for Entry of Default.Signed by Magistrate Judge Philip R. Lammens on 2/3/2015. (AR)
January 28, 2015 Opinion or Order Filing 16 ORDER. The Clerk is directed to remove Robert Klien Bowen, III, Esq., and Zach Herman, Esq., as counsel of record for Plaintiff in this case. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 1/28/2015. (JWM)
January 27, 2015 Filing 15 MOTION for entry of clerk's default (Rule 55(b) against Bank of America, N.A by Astor HoSang. (Attachments: #1 Affidavit in support, #2 Text of Proposed Order)(MJT) Motions referred to Magistrate Judge Philip R. Lammens.
January 27, 2015 Filing 14 MOTION for entry of clerk's default (Rule 55(a) against Bank of America, N.A by Astor HoSang. (Attachments: #1 Affidavit in support, #2 Text of Proposed Order)(MJT) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 1/27/2015 (MJT).
January 26, 2015 Opinion or Order Filing 13 ENDORSED ORDER granting #12 Motion for Extension of Time to File Response to #7 defendant's initial brief and #11 MOTION for summary judgment. Responses due by 2/6/2015. Signed by Judge Timothy J. Corrigan on 1/26/2015.(SRW)
January 22, 2015 Filing 12 MOTION for Extension of Time to File Response/Reply as to #7 Brief - Defendant, #11 MOTION for summary judgment by Bank of America, N.A. (Attachments: #1 Exhibit A, #2 Exhibit B)(Serradet, Sahily) Motions referred to Magistrate Judge Philip R. Lammens.
January 13, 2015 Filing 11 MOTION for summary judgment by Astor HoSang. (MJT)
December 29, 2014 Filing 10 NOTICE of Appearance as Co-Counsel by Marc Thomas Parrino on behalf of Bank of America, N.A (Parrino, Marc) Modified on 12/30/2014 (MJT).
December 11, 2014 Filing 9 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Astor HoSang. Related case(s): yes (MJT)
November 10, 2014 Opinion or Order Filing 8 ORDER. Attorneys, Mr. Bowen and Mr. Herman, shall have thirty (30) days from the date of this Order to satisfy the requirements for admission to the bar of the Middle District of Florida. Failure to comply with this Order will result in their termination as counsel of record without further notice. See Order for details Signed by Magistrate Judge Philip R. Lammens on 11/10/2014. (JWM)
November 6, 2014 Filing 7 DEFENDANT'S INITIAL BRIEF re #1 Notice of Removal filed by Astor HoSang. (Attachments: #1 Affidavits, Exhibits, Attachments, etc.)(MJT)
October 30, 2014 Filing 6 NOTICE of filing "Affidavits, Exhibits, Attachments and other relevant documentation in support of #1 Notice of Removal by Astor HoSang. (Attachments: #1 "Checklist for enclosed documents", #2 State Complaint filed on 09/03/10, #3 titled Exhibit A, #4 titled Exhibit B1, #5 titled Exhibit C5, #6 Notice of Appearance filed on 09/07/10, #7 Joint Stipulation for substitution of counsel file on 02/11/11, #8 Order filed on 02/14/11, #9 titled Exhibit D1, #10 titled Exhibit D4, #11 titled Exhibit G, #12 titled Exhibit J1, #13 titled Exhibit H2, #14 titled Exhibit A-29, #15 titled Exhibit K-1, #16 titled Exhibit J7, #17 titled Exhibit J4, #18 titled Exhibit CC-B119-NAP, #19 titled Exhibit 'CC-TR-NAP', #20 titled Exhibit 'DF-12-NAP', #21 titled Exhibit 'CC-DR1-NAP')(MJT) (Additional attachment(s) added on 10/30/2014: #22 titled Exhibit BA-14-NAP, #23 titled as Exhibit J&(b), #24 titled as Exhibit ND-1A-NAP, #25 titled as Exhibit ND-1A-NAP, #26 titled as Exhibit ND-2A-NAP, #27 titled as Exhibit CC-R4-NAP, #28 titled as Exhibit FR-1A-NAP, #29 12/18/12 document, #30 12/18/12 document #2, #31 12/18/12 document #3, #32 01/17/13 document, #33 02/18/14 document, #34 02/10/14 document, #37 02/10/14 document #2, #38 02/10/14 document #3, #39 02/10/14 document #4, #40 02/10/14 document #5, #41 Affidavit of Truth dated 05/08/14, #42 Affidavit of Fact dated 05/16/14, #43 Motion to Cancel Foreclosure dated 06/06/14, #44 Assignment of Bid dated 06/10/14, #45 Order on Motion to Cancel Foreclosure, #46 Notice of Appearance of Co-Counsel dated 07/23/14, #47 Affidavit of Fact dated 08/16/14, #48 Order Substituting Counsel, #49 Motion to Reschedule Foreclosure dated 09/08/14, #50 Order Rescheduling Foreclosure Sale to 11/06/14, #51 Affidavit of Truth dated 09/16/14, #52 Affidavit of Truth dated 10/04/14, #53 titled Exhibit 'CC-1-14') (MJT). Modified on 10/30/2014 (MJT).
October 27, 2014 Filing 5 Case Reassigned to Judge Timothy J. Corrigan. ***New case number: 5:14-cv-574-Oc-32PRL.*** Judge James S. Moody, Jr no longer assigned to the case. (MJT)
October 24, 2014 Opinion or Order Filing 4 ORDER of recusal. Judge James S. Moody, Jr recused. Clerk shall reassign the case. Signed by Judge James S. Moody, Jr on 10/24/2014. (LN)
October 24, 2014 Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Issued by Deputy Clerk on 10/24/2014. (AR)
October 22, 2014 Filing 2 AMENDED COMPLAINT for Foreclosure against Astor HoSang filed by Bank of America, N.A. (Originally deemed filed in State Court on 12/11/2012.)(MJT)
October 22, 2014 Filing 1 NOTICE OF REMOVAL from Citrus County Circuit Court, case number 09-2010-CA-004323 filed in State Court on 09/03/2010. Filing fee $ 400, receipt number OCA5330 filed by Astor HoSang. (Attachments: #1 Civil Cover Sheet, #2 State Court docket sheet)(MJT) (Not original signature of filer.) Modified on 10/23/2014 (MJT).

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Plaintiff: Bank of America, N.A.
Represented By: Marc Thomas Parrino
Represented By: Sahily Serradet
Represented By: Robert Klien Bowen, III
Represented By: Zach Herman
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Defendant: Astor HoSang
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