Sekula et al v. Residential Credit Solutions, Inc. et al
| Jacqueline Sekula and John C. Sekula |
| American Western Home Insurance, Residential Credit Solutions, Inc. and American Western Home Insurance Company |
| 6:2015cv02104 |
| December 15, 2015 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Seminole |
| Gregory A Presnell |
| Karla R Spaulding |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 21, 2017. A more recent docket listing may be available from PACER.
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| Filing 70 MANDATE of USCA as to #68 Notice of appeal filed by John C. Sekula, Jacqueline Sekula. Issued as Mandate: 4/19/2017. USCA number: 16-17451-DD. ENTRY OF DISMISSAL pursuant to appellant's motion for voluntary dismissal. (JEV) |
| TRANSMITTAL to USCA forwarding notification of fee payment re #68 Notice of appeal. USCA number: 16-17451-D. (JEV) |
| USCA appeal fees received $ 505 receipt number Orl-059139 re #68 Notice of appeal filed by John C. Sekula, Jacqueline Sekula. (JEV) |
| Filing 69 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #68 Notice of appeal. (JEV) |
| Filing 68 NOTICE OF APPEAL as to #66 Order on Motion to Dismiss for Failure to State a ClaimOrder on motion to dismiss by Jacqueline Sekula, John C. Sekula. Filing fee not paid. (Pierson, Cristina) |
Filing 67
ENDORSED ORDER denying as moot #65 motion to stay. Signed by Judge Gregory A. Presnell on 11/14/2016. (ED)
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Filing 66
ORDER granting #58 Motion to Dismiss for Failure to State a Claim; granting #59 motion to dismiss, directing Clerk to close file. Signed by Judge Gregory A. Presnell on 11/10/2016. (ED)
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| Filing 65 Unopposed MOTION to stay (brief stay) Pending Mediation by All Plaintiffs. (Pierson, Cristina) |
| Filing 64 MEMORANDUM in opposition re #59 Motion to dismiss, #58 Motion to dismiss for failure to state a claim filed by Jacqueline Sekula, John C. Sekula. (Pierson, Cristina) |
| Set/reset deadlines as to #59 MOTION to Dismiss Count III of the Second Amended Complaint , #58 MOTION to dismiss for failure to state a claim . Responses due by 10/14/2016 (RDO) |
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Filing 63
ENDORSED ORDER granting #62 Motion for Extension of Time to Answer or respond to #59 MOTION to Dismiss Count III of the Second Amended Complaint . Responses due by 10/14/2016). Signed by Magistrate Judge Karla R. Spaulding on 10/6/2016. (Spaulding, Karla)
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| Filing 62 Unopposed MOTION for Extension of Time to File Answer re #59 MOTION to Dismiss Count III of the Second Amended Complaint , #58 MOTION to dismiss for failure to state a claim , MOTION for Extension of Time to File Response/Reply as to #59 MOTION to Dismiss Count III of the Second Amended Complaint , #58 MOTION to dismiss for failure to state a claim by All Plaintiffs. (Pierson, Cristina) Motions referred to Magistrate Judge Karla R. Spaulding. |
| Set/reset deadlines as to #59 MOTION to Dismiss Count III of the Second Amended Complaint , #58 MOTION to dismiss for failure to state a claim . Responses due by 10/10/2016 (RDO) |
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Filing 61
ENDORSED ORDER granting #60 Motion for Extension of Time to File Response to Motions to Dismiss. A single response may be filed to the motions to dismiss on or before October 10, 2016, which response shall not exceed the page limits set forth in Local Rule 3.01(b). Signed by Magistrate Judge Karla R. Spaulding on 9/23/2016. (Spaulding, Karla)
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| Filing 60 MOTION for Extension of Time to File Response/Reply to Motions to Dismiss and Permit one Omnibus Response by Jacqueline Sekula, John C. Sekula. (Pierson, Cristina) Motions referred to Magistrate Judge Karla R. Spaulding. |
| Filing 59 MOTION to Dismiss Count III of the #55 Second Amended Complaint by American Western Home Insurance. (Attachments: #1 Exhibit A - Verified Complaint, #2 Exhibit B - Stipulated Consent to Final Summary Judgment of Mortgage Foreclosure, #3 Exhibit C - Final Judgment of Foreclosure, #4 Exhibit D - Certificate of Sale, #5 Exhibit E - Seminole County Appraiser's Report, #6 Exhibit F - Declaration of Robert J. Tucker)(Johnson, Mark) Modified on 9/22/2016 (RDO). |
| Filing 58 MOTION to dismiss for failure to state a claim by Residential Credit Solutions, Inc.. (Campbell, Elizabeth) |
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Filing 57
ORDER granting #56 Motion for Extension of Time to File Response/Reply. Answer is due 9/21/16. Signed by Magistrate Judge Karla R. Spaulding on 9/1/2016. (RDO)
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| Set/reset deadlines/hearings: for American Western Home Insurance. Answer due by 9/21/2016. (RDO) |
| Filing 56 UNOPPOSED MOTION for Extension of Time until 9/21/16 to File Response/Reply as to #55 Second Amended Complaint by American Western Home Insurance. (Tucker, Robert) Motions referred to Magistrate Judge Karla R. Spaulding. Text modified on 9/1/2016 (RDO). |
| Filing 55 SECOND AMENDED COMPLAINT against All Defendants with Jury Demand. filed by John C. Sekula, Jacqueline Sekula.(Pierson, Cristina) Text modified on 8/25/2016 (RDO). |
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Filing 54
ORDER granting in part and denying in part #47 motion to dismiss; granting in part and denying in part #48 motion to dismiss. Signed by Judge Gregory A. Presnell on 8/15/2016. (ED)
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| Filing 53 MEMORANDUM in opposition re #47 Motion to dismiss, #48 Motion to dismiss filed by Jacqueline Sekula, John C. Sekula. (Pierson, Cristina) |
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Filing 52
ORDER granting #51 Motion for Extension of Time to File Response/Reply re #48 MOTION to Dismiss Amended Complaint , #47 MOTION to Dismiss Count III of the Amended Complaint . One Omnibus Response due by 6/20/2016. Signed by Magistrate Judge Karla R. Spaulding on 6/9/2016. (LMM)
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| Filing 51 MOTION for Extension of Time through 6/20/16 to File Response/Reply to Motions to Dismiss and Permit one Omnibus Response by All Plaintiffs. (Pierson, Cristina) Motions referred to Magistrate Judge Karla R. Spaulding. Text modified on 6/9/2016 (RDO). |
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Filing 50
ORDER denying without prejudice #49 Motion to Withdraw as Attorney. Signed by Magistrate Judge Karla R. Spaulding on 6/6/2016. (RDO)
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| Filing 49 NOTICE by Jacqueline Sekula, John C. Sekula (Change of Attorney Responsibility) (Pierson, Cristina) Modified on 6/3/2016 (RDO). |
| Filing 48 MOTION to Dismiss Amended Complaint by Residential Credit Solutions, Inc.. (Attachments: #1 Exhibit A - Compl., #2 Exhibit B - Ans., #3 Exhibit C - Judgment, #4 Exhibit D - Cert. of Title, #5 Exhibit E - Stipulation)(Campbell, Elizabeth) |
| Filing 47 MOTION to Dismiss Count III of the Amended Complaint by American Western Home Insurance. (Attachments: #1 Exhibit A - Verified Complaint, #2 Exhibit B - Stipulated Consent to Final Summary Judgment of Mortgage Foreclosure, #3 Exhibit C - Final Judgment of Foreclosure C, #4 Exhibit D - Certificate of Sale, #5 Exhibit E - Seminole County Appraiser's Report, #6 Exhibit F - Declaration of Robert J. Tucker, #7 Exhibit F.1 - Denial Letter)(Johnson, Mark) |
| Filing 46 AMENDED COMPLAINT (Class Action) against American Western Home Insurance, Residential Credit Solutions, Inc. with Jury Demand. filed by John C. Sekula, Jacqueline Sekula. Related document: #1 Complaint filed by John C. Sekula, Jacqueline Sekula.(Pierson, Cristina) |
| Set/reset deadlines/hearings: Amended complaint due by 5/13/2016, Answer/Response to Amended Complaint due by 5/27/2016. (RDO) |
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Filing 45
ORDER denying as moot #43 Motion to extend time; granting #44 Motion to extend time to Amend Complaint until May 13, 2016. The response to the Amended Complaint is due 5/27/16. Signed by Magistrate Judge Karla R. Spaulding on 5/2/2016. (RDO) Modified on 5/3/2016 (RDO).
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| Set/reset deadlines/hearings: Amended complaint due by 5/27/2016 (RDO) |
| Filing 44 Amended Unopposed MOTION to extend time to May 13, 2016 to Amend Complaint by All Plaintiffs. (Pierson, Cristina) Modified on 4/29/2016 (RDO). |
| Filing 43 Unopposed MOTION to extend time to May 13, 2016 to Amend Complaint by All Plaintiffs. (Pierson, Cristina) Modified on 4/29/2016 (RDO). |
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Filing 42
ORDER granting #25 motion to dismiss; granting in part and denying in part #27 Motion to Dismiss for Failure to State a Claim. Signed by Judge Gregory A. Presnell on 4/18/2016. (ED)
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Filing 41
ORDER re #40 Stipulation filed by John C. Sekula, Jacqueline Sekula that Stephen C. Sawicki, 20 N. Orange Ave., Suite 704, Orlando, FL 32801, 407-843-1994 is substituted as the mediator in this case, in the place of Emery H. Rosenbluth. Signed by Judge Gregory A. Presnell on 3/17/2016. (TKW)
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| Filing 40 STIPULATION re #37 Case management and scheduling order (as to mediator) by Jacqueline Sekula, John C. Sekula. (Pierson, Cristina) |
| Filing 39 OMNIBUS MEMORANDUM in opposition re #27 Motion to dismiss for failure to state a claim filed by Jacqueline Sekula, John C. Sekula. (Lewis, Jordan) Text modified on 3/16/2016 (RDO). |
| Filing 38 CASE REFERRED to Mediation. (RDO) |
| Set/reset scheduling order deadlines: Amended Pleadings due by 5/19/2016, Discovery due by 3/1/2017, Dispositive motions due by 4/3/2017, Pretrial statement due by 7/14/2017, All other motions due by 7/28/2017, Final Pretrial Conference set for 8/10/2017 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial set for trial term beginning on 9/5/2017 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell., Conduct mediation hearing by 4/3/2017. Lead counsel to coordinate dates., Defendant disclosure of expert report due by 2/1/2017, Plaintiff disclosure of expert report due by 1/3/2017 (RDO) |
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Filing 37
CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 3/2/2016. (TKW)
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| Filing 36 CASE MANAGEMENT REPORT. (Pierson, Cristina) |
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Filing 35
ORDER granting #34 Motion for Extension of Time to File Response/Reply re #25 MOTION to Dismiss , and #27 MOTION to dismiss. Responses due by 3/14/2016. Signed by Magistrate Judge Karla R. Spaulding on 2/26/2016. (JET)
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| Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' #25 and #27 Motions to Dismiss by Jacqueline Sekula, John C. Sekula. (Lewis, Jordan) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 2/29/2016 (RDO). |
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Filing 33
ORDER granting #31 motion to appear pro hac vice; granting #32 motion to appear pro hac vice.. Signed by Magistrate Judge Karla R. Spaulding on 2/19/2016. (RDO)
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| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Christopher Boeck, appearing on behalf of Residential Credit Solutions, Inc. (Filing fee $150 receipt number ORL051237.) Related document: #32 Unopposed MOTION for Christopher Boeck to appear pro hac vice. (RDO) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Robert T. Mowrey, appearing on behalf of Residential Credit Solutions, Inc. (Filing fee $150 receipt number ORL051238.) Related document: #31 Unopposed MOTION for Robert T. Mowrey to appear pro hac vice. (RDO) |
| Filing 32 Unopposed MOTION for Christopher Boeck to appear pro hac vice by Residential Credit Solutions, Inc.. (Campbell, Elizabeth) Motions referred to Magistrate Judge Karla R. Spaulding. |
| Filing 31 Unopposed MOTION for Robert T. Mowrey to appear pro hac vice by Residential Credit Solutions, Inc.. (Campbell, Elizabeth) Motions referred to Magistrate Judge Karla R. Spaulding. |
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Filing 30
ENDORSED ORDER granting #29 Motion. Signed by Judge Gregory A. Presnell on 2/18/2016. (Presnell, Gregory)
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| Filing 29 Unopposed MOTION for miscellaneous relief, specifically to permit one omnibus response to defendants' motions to dismiss (DE 26 and DE 27) by Jacqueline Sekula, John C. Sekula. (Lewis, Jordan) |
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Filing 28
ENDORSED ORDER granting #26 Motion for Leave to File Excess Pages. Signed by Judge Gregory A. Presnell on 2/16/2016. (Presnell, Gregory)
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| Filing 27 MOTION to dismiss for failure to state a claim by Residential Credit Solutions, Inc.. (Campbell, Elizabeth) |
| Filing 26 Unopposed MOTION for Leave to File Excess Pages for Motion to Dismiss and Supporting Memorandum of Law by Residential Credit Solutions, Inc.. (Campbell, Elizabeth) |
| Filing 25 MOTION to Dismiss and Supporting Memorandum of Law by American Western Home Insurance. (Johnson, Mark) |
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Filing 24
ORDER granting #23 Motion to Appear Telephonically. Signed by Magistrate Judge Karla R. Spaulding on 2/11/2016. (RDO)
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| Filing 23 Joint MOTION to Appear Telephonically by all parties. (Tucker, Robert) Motions referred to Magistrate Judge Karla R. Spaulding. Text modified on 2/11/2016 (RDO). |
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Filing 22
ENDORSED ORDER DISCHARGING #21 Order to show cause. Defendant American Western Home Insurance filed its Certificate of Interested Persons at Doc. #8. Signed by Judge Gregory A. Presnell on 2/10/2016. Copies mailed.(LAM)
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Filing 21
ORDER for Defendant American Western Home Insurance to show cause why sanctions should not be imposed for failure to respond to the Interested Persons Order. Show Cause Response due by 2/23/2016. Signed by Judge Gregory A. Presnell on 2/9/16. Copies mailed.(LAM)
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| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #18 Interested persons order by Residential Credit Solutions, Inc. identifying Corporate Parent American Capital Mortgage Investment Corp for Residential Credit Solutions, Inc... (Campbell, Elizabeth) |
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Filing 19
ORDER granting #17 Motion for Extension of Time to Answer or respond; re #1 Complaint. American Western Home Insurance answer or response due 2/15/2016; Residential Credit Solutions, Inc. answer or response due 2/15/2016. Signed by Magistrate Judge Karla R. Spaulding on 1/19/2016. (LAK)
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Filing 18
INTERESTED PERSONS ORDER to Defendants. Certificate of interested persons and corporate disclosure statement due by 2/2/2016. Signed by Judge Gregory A. Presnell on 1/19/2016. Copies mailed.(LAM)
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| Filing 17 Joint Unopposed MOTION for Extension of Time to 2/15/16 to File Answer or Otherwise Respond re #1 Complaint by All Defendants. (Vitale, Michael) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 1/19/2016 (IGC). |
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Filing 16
ORDER adopting #10 motion to appear pro hac vice; granting #11 motion to appear pro hac vice; granting #14 motion to appear pro hac vice. Rodger L. Eckelberry, Mark A. Johnson and Robert J. Tucker may specially appear as counsel for American Western Home Insurance. Signed by Magistrate Judge Karla R. Spaulding on 1/15/2016. (LAK)
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| Filing 15 NOTICE of Appearance by Elizabeth Joy Campbell on behalf of Residential Credit Solutions, Inc. (Campbell, Elizabeth) |
| Filing 14 Unopposed MOTION for Robert J. Tucker to appear pro hac vice by American Western Home Insurance. (Vitale, Michael) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 1/15/2016 (IGC). |
| Filing 13 Unopposed MOTION for Mark A. Johnson to appear pro hac vice by American Western Home Insurance. (Vitale, Michael) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 1/15/2016 (IGC). |
| Filing 12 Unopposed MOTION for Rodger L. Eckelberry to appear pro hac vice by American Western Home Insurance. (Vitale, Michael) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 1/15/2016 (IGC). |
| Filing 11 Unopposed MOTION for Mark A. Johnson to appear pro hac vice by American Western Home Insurance. (Vitale, Michael) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 1/15/2016 (IGC). |
| Filing 10 Unopposed MOTION for Rodger L. Eckelberry to appear pro hac vice by American Western Home Insurance. (Vitale, Michael) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 1/15/2016 (IGC). |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Mark A. Johnson, appearing on behalf of American Western Home Insurance (Filing fee $150, receipt number ORL50184). (IGC) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Rodger L. Eckelberry, appearing on behalf of American Western Home Insurance (Filing fee $150, receipt number ORL50185). (IGC) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Robert J. Tucker, appearing on behalf of American Western Home Insurance (Filing fee $150, receipt number ORL50186). (IGC) |
| Filing 9 NOTICE to counsel, Mark A. Johnson and Rodger L. Eckelberry of Local Rule 2.02 re #8 Certificate of Interested Persons (signed by deputy clerk). (IGC) |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by American Western Home Insurance identifying Corporate Parent American Modern Home Insurance Company, Corporate Parent American Modern Insurance Group, Inc., Corporate Parent Midland-Guardian Co. for American Western Home Insurance.. (Vitale, Michael) |
| Filing 7 NOTICE of pendency of related cases per Local Rule 1.04(d) by Jacqueline Sekula, John C. Sekula. Related case(s): No (Lewis, Jordan) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Jacqueline Sekula, John C. Sekula. (Lewis, Jordan) |
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Filing 5
INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 12/31/2015. Signed by Judge Gregory A. Presnell on 12/17/2015. Copies mailed.(LAM)
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 12/31/2015. Signed by Judge Gregory A. Presnell on 12/17/2015. Copies mailed.(LAM)
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| Filing 3 SUMMONS issued as to American Western Home Insurance. (mailed to attorney) (IGC) |
| Filing 2 SUMMONS issued as to Residential Credit Solutions, Inc. (mailed to attorney) (IGC) |
| Filing 1 COMPLAINT against American Western Home Insurance, Residential Credit Solutions, Inc. with Jury Demand (Filing fee $ 400, receipt number ORL49534) filed by John C. Sekula, Jacqueline Sekula. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(IGC) |
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