Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard v. Alvaro et al
| Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard |
| Judge Chad K. Alvaro, Judge Vincent Falcone, III, Phil Diamond, Cardington Management LLC, Jay Bray, Kurt Johnson, Attorney Jonathan Meisels Individual and official capacity doing business as Nation Star Mortgage LLC and Nation Star Mortgage LLC doing business as Mr. Cooper |
| 6:2024cv01877 |
| October 18, 2024 |
| U.S. District Court for the Middle District of Florida |
| Robert M Norway |
| Julie S Sneed |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 42 Amended NOTICE of Appearance by Nicholas William Morcom on behalf of Cardington Management LLC (Morcom, Nicholas) Modified on 12/11/2024 to edit the docket text (MLB). |
| Filing 41 NOTICE TO COUNSEL Patricia Maria Rego Chapman of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (MLB) |
| Filing 40 SUPPLEMENT re #39 MOTION to Quash Purported Service of Process and Response in Opposition to Motion for Emergency Default Local Rule 3.01(g) Certification by Jay Bray, Kurt Johnson, Nation Star Mortgage LLC. (Bowyer, Jason) |
| Filing 39 MOTION to Quash Purported Service of Process and Response in Opposition to Motion for Emergency Default by Jay Bray, Kurt Johnson, Nation Star Mortgage LLC. (Bowyer, Jason) Motions referred to Magistrate Judge Robert M. Norway. |
| Filing 38 NOTICE of Dereliction of Duty and Manifest Injustice by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard re #30 MOTION for Clerk's Entry of Default against Jay Bray, Cardington Management LLC, Kurt Johnson, Jonathan Meisels, Nation Star Mortgage LLC (e-portal) (ARL) |
| Filing 36 SUPPLEMENT to the Motion to Quash Service of Process [DE 33] by Jonathan Meisels. (Rosenberg, David) |
| Filing 35 NOTICE of Appearance by Jason Richard Bowyer on behalf of Jay Bray, Kurt Johnson, Nation Star Mortgage LLC (Bowyer, Jason) |
| Filing 34 NOTICE of Appearance by Sara F. Holladay on behalf of Jay Bray, Kurt Johnson, Nation Star Mortgage LLC (Holladay, Sara) |
| Filing 33 MOTION to Quash Service of Process by Jonathan Meisels. (Rosenberg, David) Motions referred to Magistrate Judge Robert M. Norway. |
| Filing 32 RESPONSE re #21 Response in Opposition to Plaintiff's Response in Support of Jurisdiction filed by Cardington Management LLC. (Morcom, Nicholas) |
| Filing 31 MOTION to Quash Purported Service of Process and Incorporated Memorandum of Law by Cardington Management LLC. (Morcom, Nicholas) Motions referred to Magistrate Judge Robert M. Norway. |
| Filing 30 Emergency MOTION for Clerk's Entry of Default against Jay Bray, Cardington Management LLC, Kurt Johnson, Jonathan Meisels, Nation Star Mortgage LLC by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard. (Attachments: #1 Affidavit) (chambers notified)(e-portal) (ARL) Motions referred to Magistrate Judge Robert M. Norway. |
| Filing 29 RESPONSE in Opposition re #26 MOTION to Dismiss for Failure to State a Claim filed by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard. (Attachments: #1 Legal Memorandum) (e-portal)(ARL) |
| Filing 28 SUPPLEMENT re #24 MOTION to Quash Purported Service of Process by Chad K. Alvaro, Vincent Falcone, III. (Burianek, Veronica) Modified text on 11/18/2024 (JK). |
| Filing 27 RESPONSE to Motion re #24 MOTION to Quash Purported Service of Process filed by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard. (Attachments: #1 Exhibit, #2 Legal Memorandum in Support)(MLB) |
| Filing 26 MOTION to Dismiss for Failure to State a Claim by Phil Diamond. (Rego Chapman, Patricia) |
| Filing 25 NOTICE of Appearance by Patricia Maria Rego Chapman on behalf of Phil Diamond (Rego Chapman, Patricia) |
| Filing 24 MOTION to Quash Purported Service of Process by Chad K. Alvaro, Vincent Falcone, III. (Burianek, Veronica) Motions referred to Magistrate Judge Robert M. Norway. Modified text on 11/18/2024 (JK). |
| Filing 23 NOTICE of LIMITED Appearance by Veronica Burianek on behalf of Chad K. Alvaro, Vincent Falcone, III (Burianek, Veronica) |
Filing 22
ORDER. Plaintiff's #19 motion for an evidentiary hearing is DENIED. The court will schedule an evidentiary hearing if it finds that one is necessary. Additionally, it has come to the court's attention that Plaintiff's representative has repeatedly called the Clerk's office to inquire about the status of rulings on Plaintiff's pending motions. Motions remain pending until a ruling is entered on the case's docket. No status updates are available, and they should not be requested. Signed by Judge Julie S. Sneed on 11/12/2024. (JWM)
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| Filing 21 RESPONSE re #18 Order, filed by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard. (e-portal) (ARL) |
| Filing 20 NOTICE of Appearance by Nicholas William Morcom on behalf of Cardington Management LLC (Morcom, Nicholas) |
| Filing 19 MOTION for Evidentiary Hearing by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard. (e-portal) (ARL) Motions referred to Magistrate Judge Robert M. Norway. |
|
Filing 18
ORDER. Upon review, it appears that the court may lack subject matter jurisdiction over this matter under the Rooker-Feldman doctrine. Accordingly, it is ORDERED that on or before November 22, 2024, Plaintiff shall file a response in writing, not to exceed five pages, as to why this case should not be dismissed for lack of subject matter jurisdiction under the Rooker-Feldman doctrine. Failure to respond to this order will result in dismissal without further notice. Defendants may respond to Plaintiff's brief on this issue. The Clerk is DIRECTED to mail a copy of this Order to Defendants at the addresses listed in Plaintiff's Motions. (See Dkts. 13 & 15.) Signed by Judge Julie S. Sneed on 11/7/2024. (JWM)
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| Filing 17 NOTICE of Inability to Agree on Case Management Dates by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard re #2 Order (e-portal) (ARL) |
| Filing 16 NOTICE of Filing Proposed Order re #15 MOTION for Preliminary Injunction by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard (e-portal) (chambers notified) (ARL) |
| Filing 15 Emergency MOTION for Preliminary Injunction by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard. (Attachments: #1 Attachment) (chambers notified)(ARL) |
| Filing 14 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard. (ARL) |
| Filing 13 MOTION for Preliminary Injunction by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard. (chambers notified) (ARL) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard. Related case(s): Yes (ARL) |
| Filing 11 RETURN of service executed on 10/24/2024 by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard as to Vincent Falcone, III. (Attachments: #1 Exhibit) (e-portal)(ARL) |
| Filing 10 RETURN of service executed on 10/24/2024 by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard as to Jonathan Meisels. (Attachments: #1 Exhibit) (e-portal)(ARL) |
| Filing 9 RETURN of service executed on 10/24/2024 by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard as to Jay Bray. (Attachments: #1 Exhibit) (e-portal)(ARL) |
| Filing 8 RETURN of service executed on 10/24/2024 by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard as to Kurt Johnson. (Attachments: #1 Exhibit) (e-portal)(ARL) |
| Filing 7 RETURN of service executed on 10/24/2024 by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard as to Cardington Management LLC. (Attachments: #1 Exhibit) (e-portal)(ARL) |
| Filing 6 RETURN of service executed on 10/25/2024 by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard as to Phil Diamond. (e-portal) (ARL) |
| Filing 5 RETURN of service executed on 10/24/2024 by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard as to Chad K. Alvaro. (Attachments: #1 Exhibit) (e-portal)(ARL) |
| Filing 4 SUMMONS issued as to Phil Diamond. (In person) (ARL) |
| Filing 3 SUMMONS issued as to Chad K. Alvaro, Jay Bray, Cardington Management LLC, Vincent Falcone, III, Kurt Johnson, Jonathan Meisels. (Issued in person) (ARL) |
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Filing 2
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Julie S. Sneed on 10/21/2024. (GNB)
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| Filing 1 COMPLAINT against All Defendants with Jury Demand Filing fee $405, receipt number ORL113131 filed by Kitchi Ditlhi Trust By and Through Trustee Robert-Arnaz:Rackard. (Attachments: #1 Attachment, #2 Civil Cover Sheet)(ARL) |
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