Delia v. Ditech Financial LLC et al
| Dennis Delia |
| Bradley Arant Boult Cummings LLP, Nicole Topper, Esq. Ditech Financial LLC, Servicing, LLC NewRez LLC d/b/a Shellpoint Mortgage, Ditech Financial, LLC and NewRez LLC doing business as Shellpoint Mortgage Servicing |
| 6:2021cv00842 |
| May 13, 2021 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Daniel C Irick |
| Other Statutory Actions |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 7, 2021. A more recent docket listing may be available from PACER.
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Filing 25
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #24 Plaintiff's Motion for Leave to File First Amended Complaint. Mr. Hora is directed to immediately contact Plaintiff's counsel and confer in good faith in person or by telephone about the relief requested in the Motion. If the Motion is refiled as opposed, Defendant Ditech Financial LLC shall respond in opposition to the Motion within five days, failing which the Motion will be deemed unopposed and granted. Signed by Magistrate Judge Daniel C. Irick on 7/7/2021. (Irick, Daniel)
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| Filing 24 First MOTION to Amend #1 Complaint by Dennis Delia. (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit Exhibit "A" to First Amended Complaint, #3 Exhibit Exhibit "B" to First Amended Complaint, #4 Exhibit Exhibit "C" to First Amended Complaint, #5 Exhibit Exhibit "D" to First Amended Complaint, #6 Exhibit Exhibit "E" to First Amended Complaint, #7 Exhibit Exhibit "F" to First Amended Complaint)(Gingo, George) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 23
ENDORSED ORDER granting #19 Unopposed Motion for Extension of Time. On or before 7/22/2021, Defendant NewRez LLC D/B/A Shellpoint Mortgage Servicing shall respond to the Complaint. No further extensions of this deadline should be sought absent extraordinary good cause. Signed by Magistrate Judge Daniel C. Irick on 6/23/2021. (Irick, Daniel)
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| Filing 22 Case Reassigned to Magistrate Judge Daniel C. Irick. New case number: 6:21-cv-00842-WWB-DCI. Magistrate Judge Gregory J. Kelly no longer assigned to the case. Motion referred to Magistrate Judge Daniel C. Irick: #19 MOTION for Extension of Time to File Response/Reply as to #1 Complaint. (ALL) |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement by NewRez LLC identifying Corporate Parent Shellpoint Partners LLC, Corporate Parent NRM Acquisition LLC, Corporate Parent New Residential Mortgage LLC, Corporate Parent New Residential Investment Corporation, Corporate Parent NRM Acquisition II LLC for NewRez LLC. (Accardi, Sara) |
| Filing 20 NOTICE of a related action per Local Rule 1.07(c) by NewRez LLC. Related case(s): Yes (Accardi, Sara) |
| Filing 19 MOTION for Extension of Time to File Response/Reply as to #1 Complaint by NewRez LLC. (Accardi, Sara) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 18 NOTICE of Appearance by Sara Dunn Accardi on behalf of NewRez LLC (Accardi, Sara) |
| Filing 17 NOTICE of Appearance by Lauren G. Raines on behalf of NewRez LLC (Raines, Lauren) |
| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement by Bradley Arant Boult Cummings LLP. (Robisch, Kyle) |
| Filing 15 NOTICE of a related action per Local Rule 1.07(c) by Bradley Arant Boult Cummings LLP. Related case(s): Yes (Robisch, Kyle) |
| Filing 14 MOTION to Dismiss or Stay by Bradley Arant Boult Cummings LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Robisch, Kyle) |
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Filing 13
ORDER In the interests of justice, the undersigned transfers this case to United States Magistrate Judge Daniel C. Irick, with his permission. The Standing Discovery Order, Doc. No. 4, is VACATED. Signed by Magistrate Judge Gregory J. Kelly on 6/21/2021. (MB)
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| Filing 12 NOTICE of Bankruptcy Status by Ditech Financial, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hora, Raymond) Modified on 6/21/2021 (KNC). |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Dennis Delia. (Gingo, George) |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Dennis Delia. Related case(s): Yes (Gingo, George) |
| Filing 9 RETURN of service executed on 06/01/21 by Dennis Delia as to NewRez LLC. (Gingo, George) |
| Filing 8 RETURN of service executed on 06/01/21 by Dennis Delia as to Ditech Financial, LLC. (Gingo, George) |
| Filing 7 RETURN of service executed on 06/01/21 by Dennis Delia as to Bradley Arant Boult Cummings LLP. (Gingo, George) |
| 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). (RMF)ctp |
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Filing 5
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 5/19/2021. (RMF)ctp
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Filing 4
(VACATED PER #13 ORDER) ORDER Judge Kelly's Standing Discovery Order Signed by Magistrate Judge Gregory J. Kelly on 5/17/2021. (MB) Modified on 6/22/2021 (RDO).
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| Filing 3 SUMMONS issued as to All Defendants. (KNC) |
| Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Gregory J. Kelly. New case number: 6:21-cv-0842-WWB-GJK. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18251793) filed by All Plaintiffs. (Attachments: #1 Exhibit A - DITECH NOTICE OF DEFAULT LETTER, #2 Exhibit B - DITECH'S THIRD FORECLOSURE COMPLAINT AGAINST DELIA, #3 Exhibit C - DEPOSITION OF DITECH REPRESENTATIVE JANET GIOELLO, #4 Exhibit D - AFFIDAVIT OF NEWREZ REPRESENTATIVE JUSTIN MITCHELL, #5 Exhibit E - DEPOSITION OF NEWREZ REPRESENTATIVE JUSTIN MITCHELL, #6 Exhibit F - AFFIDAVIT OF DELIA'S FORENSIC ACCOUNTANT SHANNON RUBIN, #7 Civil Cover Sheet, #8 Proposed Summons on Ditech Financial LLC, #9 Proposed Summons on Newrez LLC, #10 Proposed Summons on Bradley Arant Boult Cummings LLP)(Gingo, George) Modified on 5/14/2021 (KNC). |
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