Barnes v. Broker Solutions Inc. et al
| Marlon A. Barnes |
| Broker Solutions Inc. doing business as New American Funding, Selene Finance LP, US Bank Trust National Association as Trustee for CVI CGS Mortgage Loan Trust I and U.S. Bank Trust National Association as Trustee for RCAF Acquisition Trust |
| Joseph J. Huss |
| 6:2025cv02441 |
| December 18, 2025 |
| U.S. District Court for the Middle District of Florida |
| Paul G Byron |
| Daniel C Irick |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| None |
Docket Report
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This docket was last retrieved on June 8, 2026. A more recent docket listing may be available from PACER.
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| Filing 59 RESPONSE to objections to #55 Report and Recommendations filed by US Bank Trust National Association as Trustee for CVI CGS Mortgage Loan Trust I. (Dlugolecki, Dorothy Ann) |
| Filing 58 OBJECTION to #55 Report and Recommendations by Marlon A. Barnes. (JOS) |
Filing 57
ENDORSED ORDER granting #56 Motion to Substitute Attorney. Pratik R. Patel is terminated as counsel in this case. Signed by Magistrate Judge Daniel C. Irick on 5/28/2026. (Irick, Daniel)
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| Filing 56 MOTION to Substitute Attorney by Broker Solutions Inc.. (Greenhill, Seth) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 55 REPORT AND RECOMMENDATION re #52 Defendant Broker Solutions, Inc.'s Motion to Dismiss, #25 Defendant U.S. Bank Trust National Association as Trustee for CVI CGS Mortgage Loan Trust I's Motion to Dismiss, #34 Defendants' Selene Finance LP and U.S. Bank Trust National Association as Trustee for RCAF Acquisition Trust's Motion to Dismiss. It is RECOMMENDED that the Court: 1. GRANT in part the Motion to Dismiss (Docs. 25, 34, 52) to the extent that: a. Counts II and III be DISMISSED with prejudice; b. Count IV be DISMISSED without prejudice with leave to amend in accordance with this report and recommendation; and 2. DENY the remainder of the Motions to Dismiss. Signed by Magistrate Judge Daniel C. Irick on 5/19/2026. (TNP) |
| Filing 54 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Broker Solutions Inc. (Patel, Pratik) Modified on 4/22/2026 to edit docket text. (AR) |
| Filing 53 RESPONSE in Opposition re #52 MOTION to Dismiss First Amended Complaint (ECF 24) filed by Marlon A. Barnes. (Attachments: #1 Exhibit E)(JOS) |
| Filing 52 MOTION to Dismiss First Amended Complaint (ECF 24) by Broker Solutions Inc.. (Patel, Pratik) Modified on 4/21/2026 to edit docket text (ELA). |
| Filing 51 NOTICE of compliance re #43 Order on Motion for Clerk's Entry of Default, by Marlon A. Barnes (JOS) |
| Filing 50 ENTERED IN ERROR. Modified docket text on 4/8/2026 (JOS). |
| Filing 49 RETURN of service executed on 04/01/2026 by Marlon A. Barnes as to Broker Solutions Inc. (JOS) |
| Filing 48 SUMMONS reissued as to Broker Solutions Inc. (Issued at Intake) (JOS) |
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Filing 47
ENDORSED ORDER discharging #44 Order to show cause. Signed by Judge Paul G. Byron on 3/27/2026. (KM)
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| Filing 46 RESPONSE TO ORDER TO SHOW CAUSE re #44 Order to show cause filed by Marlon A. Barnes. (JOS) |
| Filing 45 NOTICE of mediation conference/hearing to be held on August 3, 2026 at 10:00am before Joseph Huss. (JOS) |
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Filing 44
DISCHARGED per Order 47 ORDER to show cause as to Marlon A. Barnes. Plaintiff has failed to comply with the Court's Order of February 25, 2026 directing Plaintiff to "contact opposing counsel and the mediator to reserve a conference date and shall file a Notice with the Court within 14 days of this Order advising of the date." (Doc. #39, p. 3). Such notice was never filed with the Court. Therefore, it is ORDERED that Plaintiff shall SHOW CAUSE and file a response to said Order within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in dismissal of the case without further notice or other appropriate sanctions. Signed by Judge Paul G. Byron on 3/24/2026. (KM) Modified on 3/27/2026 to edit docket text (ELA).
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Filing 43
ORDER denying without prejudice #42 Second Motion for Clerk's Entry of Default. On or before April 13, 2026, Plaintiff shall renew the request for Clerk's entry of default to address the issues the Court has identified in this order or show cause why the case against Broker Solutions, Inc. d/b/a New American Funding should not be dismissed for failure to serve pursuant to Rule 4(m). Signed by Magistrate Judge Daniel C. Irick on 3/23/2026. (TNP)
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| Filing 42 Amended MOTION for Clerk's Entry of Default against Broker Solutions Inc. by Marlon A. Barnes. (Attachments: #1 Exhibit A)(JOS) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 41
ENDORSED ORDER denying without prejudice #40 Motion for Clerk's Entry of Default. The Motion fails to establish or explain why service upon the person identified in the Return of Service constitutes proper service upon Defendant Broker Solutions, Inc. under applicable law. Signed by Magistrate Judge Daniel C. Irick on 3/19/2026. (Irick, Daniel)
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| Filing 40 MOTION for Clerk's Entry of Default against Broker Solutions Inc. by Marlon A. Barnes. (JOS) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 39
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/6/2026. Joinder of Parties due by 4/6/2026. Discovery due by 1/4/2027. Dispositive motions due by 2/1/2027. Pretrial statement due by 5/17/2027. All other motions due by 5/24/2027. Plaintiff disclosure of expert report due by 11/2/2026. Defendant disclosure of expert report due by 12/1/2026. Final Pretrial Conference set for 6/22/2027 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron. Bench Trial set for the trial term commencing on 7/6/2027 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 1/13/2027. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 2/25/2026. (KM)
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| Filing 38 UNILATERAL CASE MANAGEMENT REPORT. (JOS) |
| Filing 37 RETURN of service executed on 02/18/2026 by Marlon A. Barnes as to Broker Solutions Inc. (JOS) |
| Filing 36 CASE MANAGEMENT REPORT. (Dlugolecki, Dorothy Ann) |
| Filing 35 RESPONSE in Opposition re #25 MOTION to Dismiss First Amended Complaint MOTION to Dismiss for Failure to State a Claim , #34 MOTION to Dismiss Amended Complaint filed by Marlon A. Barnes. (JOS) |
| Filing 34 MOTION to Dismiss Amended Complaint by Selene Finance LP. (Wright, Kayleigh) |
| Filing 33 SUMMONS reissued as to Broker Solutions Inc. (Issued at Intake) (JOS) |
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Filing 32
ENDORSED ORDER discharging #27 Order to show cause. Signed by Judge Paul G. Byron on 2/9/2026. (KM)
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| Filing 31 RESPONSE TO #27 ORDER TO SHOW CAUSE filed by Selene Finance LP. (Wright, Kayleigh) Modified text on 2/9/2026 (BD). |
| Filing 30 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Selene Finance LP. (Wright, Kayleigh) |
| Filing 29 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by U.S. Bank Trust National Association as Trustee for RCAF Acquisition Trust. (Wright, Kayleigh) |
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Filing 27
DISCHARGED per Endorsed Order 32. ORDER to show cause as to Selene Finance LP and U.S. Bank Trust National Association as Trustee for RCAF Acquisition Trust. Defendants U.S. Bank Trust National Association as Trustee for RCAF Acquisition Trust and Selene Finance LP have failed to comply with the Court's Order of December 19, 2025 directing counsel to file a Notice of Pendency of Other Actions and a Disclosure Statement. Therefore, it is ORDERED that Defendants U.S. Bank Trust National Association as Trustee for RCAF Acquisition Trust and Selene Finance LP shall SHOW CAUSE and file a response to said Order within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in theimposition of appropriate sanctions. Signed by Judge Paul G. Byron on 2/4/2026. (KM) Modified text on 2/9/2026 (BD).
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| Filing 28 RESPONSE in Opposition re #25 MOTION to Dismiss First Amended Complaint MOTION to Dismiss for Failure to State a Claim filed by Marlon A. Barnes. (JOS) |
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Filing 26
ENDORSED ORDER granting #16 Motion for Extension of Time, as unopposed because no response was filed to the motion within the time provided by the Local Rules. See Local Rule 3.01. Defendants Selene Finance LP and U.S. Bank Trust National Association as Trustee for RCAF Acquisition Trust must respond to the Complaint by 2/12/2026. Signed by Magistrate Judge Daniel C. Irick on 2/2/2026. (Irick, Daniel)
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| Filing 25 MOTION to Dismiss First Amended Complaint , MOTION to Dismiss for Failure to State a Claim by US Bank Trust National Association as Trustee for CVI CGS Mortgage Loan Trust I. (Hekkanen, Justin) |
| Filing 24 FIRST AMENDED COMPLAINT against All Defendants filed by Marlon A. Barnes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Chambers Notified) (JOS) |
| Filing 23 NOTICE TO COUNSEL Justin E. Hekkanen, Dorothy Ann A. Dlugolecki of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (AA) |
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Filing 22
ORDER. The #1 Complaint is DISMISSED WITHOUT PREJUDICE as a shotgun pleading. On or before January 28, 2026, Plaintiff may file an amended complaint consistent with the directives of this Order. Failure to timely file an amended complaint may result in dismissal of this action without further notice. See Order for further details. Signed by Judge Paul G. Byron on 1/14/2026. (JRI)
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| Filing 21 NOTICE of Appearance by Dorothy Ann A. Dlugolecki on behalf of US Bank Trust National Association as Trustee for CVI CGS Mortgage Loan Trust I (Dlugolecki, Dorothy Ann) |
| Filing 20 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by US Bank Trust National Association as Trustee for CVI CGS Mortgage Loan Trust I identifying Corporate Parent U.S. Bancorp for US Bank Trust National Association as Trustee for CVI CGS Mortgage Loan Trust I.. (Hekkanen, Justin) |
| Filing 19 NOTICE of Lead Counsel Designation by Justin E. Hekkanen on behalf of US Bank Trust National Association as Trustee for CVI CGS Mortgage Loan Trust I. Lead Counsel: Justin E. Hekkanen. (Hekkanen, Justin) |
| Filing 18 NOTICE of Appearance by Justin E. Hekkanen on behalf of US Bank Trust National Association as Trustee for CVI CGS Mortgage Loan Trust I (Hekkanen, Justin) |
| Filing 17 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Marlon A. Barnes. (JOS) |
| Filing 16 MOTION for Extension of Time to File Response to Complaint by Selene Finance LP, U.S. Bank Trust National Association as Trustee for RCAF Acquisition Trust. (Grimsley, William) |
| Filing 15 NOTICE of Appearance by Kayleigh Wright on behalf of Selene Finance LP (Wright, Kayleigh) |
| Filing 14 NOTICE of Appearance by William Lee Grimsley on behalf of Selene Finance LP (Grimsley, William) |
| Filing 13 NOTICE of Order Referring Case to U.S. Magistrate Judge for IDEAL Program. See attached Order for important deadlines and information about the IDEAL Program. (TNP) |
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Filing 12
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
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Filing 11
ENDORSED ORDER to strike re: #5 Disclosure Statement - LR 3.03 and FRCP 7.1 filed by Marlon A. Barnes. Plaintiff is directed to file a Corporate Disclosure Statement using the form provided in Local Rule 3.03 within seven (7) days of the date of this Order. Failure to timely comply with this Order will result in a dismissal without prejudice without further notice. Signed by Judge Paul G. Byron on 1/7/2026. (KM)
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| Filing 10 RETURN of service executed on 12/29/2025 by Marlon A. Barnes as to U.S. Bank Trust National Association as Trustee for RCAF Acquisition Trust. (JOS) |
| Filing 9 RETURN of service executed on 12/22/2025 by Marlon A. Barnes as to Selene Finance LP. (JOS) |
| Filing 8 RETURN of service executed on 12/29/2025 by Marlon A. Barnes as to US Bank Trust National Association as Trustee for CVI CGS Mortgage Loan Trust I. (JOS) |
| Filing 7 RETURN of service executed on 12/30/2025 by Marlon A. Barnes as to Broker Solutions Inc. (JOS) |
| Filing 6 NOTICE of Non-consent to Magistrate Judge Jurisdiction by Marlon A. Barnes. (JOS) |
| Filing 5 **STRICKEN per Order 11** DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Marlon A. Barnes. (JOS) Modified on 1/8/2026 as to docket text (ARL). |
| Filing 4 NOTICE of a related action per Local Rule 1.07(c) by Marlon A. Barnes. Related case(s): No. (JOS) |
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Filing 3
INITIAL CASE ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 12/19/2025. (KM)
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| Filing 2 SUMMONS issued as to Broker Solutions Inc., Selene Finance LP, U.S. Bank Trust National Association as Trustee for RCAF Acquisition Trust, US Bank Trust National Association as Trustee for CVI CGS Mortgage Loan Trust I. (JOS) |
| Filing 1 COMPLAINT against Broker Solutions Inc., Selene Finance LP, U.S. Bank Trust National Association as Trustee for RCAF Acquisition Trust, US Bank Trust National Association as Trustee for CVI CGS Mortgage Loan Trust I Filing fee $405.00, receipt number ORL-117248 filed by Marlon A. Barnes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(JOS) (Chambers Notified) |
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