Velez et al v. Bank of America, NA et al
| Nancy Velez and George Velez |
| Bank of America, NA and Specialized Loan Servicing, LLC |
| 8:2018cv00088 |
| January 11, 2018 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Hillsborough |
| Sean P Flynn |
| Richard A Lazzara |
| Mark A Pizzo |
| Mary S Scriven |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Both |
Docket Report
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This docket was last retrieved on November 4, 2019. A more recent docket listing may be available from PACER.
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| Filing 82 STATUS report Regarding Compliance with Court's Order by Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hartsell, Gabriel) |
| Filing 81 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Bill Jones. (HWJ) |
| Filing 80 TRANSCRIPT of Show Cause Hearing held on 5-16-19 before Judge Sean P. Flynn. Court Reporter/Transcriber Bill Jones,Telephone number 813-301-5024. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 6/26/2019, Redacted Transcript Deadline set for 7/8/2019, Release of Transcript Restriction set for 9/3/2019. (HWJ) |
Filing 79
ORDER setting response deadlines for outstanding discovery. Joint status report due June 13, 2019. Discovery deadline extended to August 1, 2019. Signed by Magistrate Judge Sean P. Flynn on 5/17/2019. (CKR)
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| Filing 77 Minute Entry. Proceedings held before Magistrate Judge Sean P. Flynn: SHOW CAUSE HEARING held on 5/16/2019. (DIGITAL) (EJC) |
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Filing 76
ORDER granting #74 Defendant's Motion for Entry of Order Determining Award of Attorney Fees and Costs to the extent detailed in the Order. Signed by Magistrate Judge Sean P. Flynn on 5/2/2019. (CKR)
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Filing 75
ORDER Setting Hearing: Show Cause Hearing set for 5/16/2019 at 10:00 AM in Tampa Courtroom 11 B before Magistrate Judge Sean P. Flynn. Signed by Magistrate Judge Sean P. Flynn on 4/30/2019. (CKR)
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| Filing 74 MOTION for Attorney Fees by Specialized Loan Servicing, LLC. (Hartsell, Gabriel) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 73 STATUS report of Plaintiffs' Non-Compliance with Court Order by Specialized Loan Servicing, LLC. (Hartsell, Gabriel) |
| Filing 72 NOTICE by Specialized Loan Servicing, LLC of Filing Second Affidavit of Reasonable Fees and Costs. (Attachments: #1 Affidavit, #2 Exhibit 1)(Hartsell, Gabriel) |
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Filing 71
ORDER GRANTING #58 Defendant Bank of America, N.A.'s Motion to Strike Plaintiff's Alleged Rule 26(a)(2) Initial Expert Disclosures. Signed by Judge Mary S. Scriven on 4/2/2019. (APF)
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Filing 70
ORDER granting #59 Motion for Withdrawal of Counsel. Movants Michael J. Owen, Esq., Bryant H. Dunivan, Jr., Esq., and the law firm of Owen & Dunivan, PLLC are terminated as counsel of record for Plaintiffs and relieved of any further responsibility in this action. See order for details. Signed by Magistrate Judge Sean P. Flynn on 3/19/2019. (CKR)
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| Filing 69 PROOF of service by George Velez, Nancy Velez. (Dunivan, Bryant) |
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Filing 68
ORDER granting in part and denying in part #60 Defendant's Second Motion to Compel to Compel Discovery Responses from the Plaintiffs and Request for Sanctions. See order for details. Signed by Magistrate Judge Sean P. Flynn on 3/12/2019. (CKR)
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| Filing 67 NOTICE by Specialized Loan Servicing, LLC of Cancellation of Deposition. (Hartsell, Gabriel) |
| Filing 66 NOTICE by Specialized Loan Servicing, LLC of Cancellation of Deposition. (Hartsell, Gabriel) |
| Filing 65 RESPONSE re 64 Order by Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hartsell, Gabriel) |
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Filing 64
ENDORSED ORDER directing Defendant Specialized Loan Servicing, LLC to file a brief reply within 7 days of the date of this Order to #63 Plaintiffs' Response in Opposition to Defendant's Motion to Compel Discovery Responses advising the Court: 1) whether Plaintiffs adhered to their representation that they would serve all documents, unsorted and without any objection, on February 5, 2019; 2) the current status of the outstanding discovery at issue; and 3) Defendant's response to Plaintiffs' request to stay the action for a finite period of time in order to respond to the discovery request. Signed by Magistrate Judge Sean P. Flynn on 2/12/2019. (CKR)
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| Filing 63 RESPONSE to Motion re #60 Second MOTION to Compel Discovery Responses from Plaintiffs and Request for Sanctions filed by George Velez, Nancy Velez. (Dunivan, Bryant) |
| Filing 62 NOTICE of Appearance by Paige Spencer Comparato on behalf of Bank of America, NA. (Comparato, Paige) |
| Filing 61 NOTICE of Filing Affidavit of Reasonable fees and costs by Specialized Loan Servicing, LLC re #57 Order on motion to compel. (Attachments: #1 Exhibit Affidavit of Reasonable Attorney fees and costs)(Hartsell, Gabriel) |
| Filing 60 Second MOTION to Compel Discovery Responses from Plaintiffs and Request for Sanctions by Specialized Loan Servicing, LLC. (Hartsell, Gabriel) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 59 MOTION for Bryant Dunivan to withdraw as attorney by George Velez, Nancy Velez. (Dunivan, Bryant) |
| Filing 58 MOTION to Strike Plaintiff's Alleged Rule 26(a)(2) Initial Expert Disclosures by Bank of America, NA. (Attachments: #1 Exhibit A)(Pegg, Allen) |
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Filing 57
ORDER granting #56 Defendant Specialized Loan Servicing, LLC's Motion to Compel Discovery Responses from Plaintiffs. See order for details. Signed by Magistrate Judge Sean P. Flynn on 1/4/2019. (CKR)
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| Filing 56 MOTION to Compel Discovery Responses from the Plaintiffs by Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit A Defendant, Specialized Loan Servicing, LLC's Request for Production of Documents and Interrogatories to Plaintiffs)(Hartsell, Gabriel) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 55 RESPONSE in Opposition re #54 MOTION for judgment on the pleadings filed by George Velez, Nancy Velez. (Dunivan, Bryant) |
| Filing 54 MOTION for judgment on the pleadings by Bank of America, NA. (Pegg, Allen) |
| Filing 53 NOTICE of withdrawal of class certification allegations, without prejudice by George Velez, Nancy Velez (Dunivan, Bryant) Modified text on 10/12/2018 (LNR). |
| Filing 52 Case Reassigned to Judge Mary S. Scriven. New case number: 8:18-cv-88-T-35SPF. Judge Richard A. Lazzara no longer assigned to the case. (KE) |
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Filing 51
ORDER denying #48 Motion to Extend Time to File Motion for Class Certification. Signed by Judge Richard A. Lazzara on 9/14/2018. (CCB)
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| Filing 50 RESPONSE in Opposition re #48 MOTION to extend time to TO FILE MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL (OPPOSED) filed by Bank of America, NA, Specialized Loan Servicing, LLC. (Pegg, Allen) |
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Filing 49
ENDORSED ORDER directing Bank of America, NA to file an expedited response to #48 Motion to Extend Time to File Motion for Class Certification and Appointment of Class Counsel no later than 9/14/2018. Signed by Judge Richard A. Lazzara on 9/11/2018. (CCB)
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| Filing 48 MOTION to extend time to TO FILE MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL (OPPOSED) by George Velez, Nancy Velez. (Dunivan, Bryant) |
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Filing 47
STIPULATED PROTECTIVE ORDER as to #46. Signed by Judge Richard A. Lazzara on 8/16/2018. (CCB)
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| Filing 46 JOINT MOTION FOR PROTECTIVE ORDER by George Velez and Nancy Velez, Bank of America, NA and Specialized Loan Servicing, LLC for Stipulated Protective Order. (Dunivan, Bryant) Modified type of motion on 8/16/2018 (LSS). |
| Filing 45 Case Reassigned to Magistrate Judge Sean P. Flynn. New case number: 8:18-cv-00088-T-26SPF. Magistrate Judge Mark A. Pizzo no longer assigned to the case. (KMM) |
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Filing 44
ENDORSED ORDER granting #43 Motion for Extension of Time to File Motion for Class Certification on or before 9/10/2018. Signed by Judge Richard A. Lazzara on 7/26/2018. (CCB)
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| Filing 43 Second MOTION for Extension of Time to File Plaintiffs unopposed Second Motion to Extend Time to File Motion for Class Certification & Appointment of Class Counsel by George Velez, Nancy Velez. (Dunivan, Bryant) |
| Filing 42 ***TERMINATED-IMAGE REMOVED AS DISCOVERY PURSUANT TO LOCAL RULE 3.03***First MOTION to produce First Request for Production of Documents to Defendant Bank of America, in aid of class Certification and on Merits by George Velez, Nancy Velez. (Dunivan, Bryant) (LSS). Modified on 5/10/2018 (LSS). |
| Filing 41 Defendant Bank of America, N.A.'s ANSWER and affirmative defenses with Jury Demand to #29 Amended Complaint by Bank of America, NA.(Pegg, Allen) |
| Filing 40 ANSWER and affirmative defenses to #29 Amended Complaint by Specialized Loan Servicing, LLC.(Hartsell, Gabriel) |
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Filing 39
ORDER denying [33 & 34] Motions to Dismiss and directing Defendants to file answers and defenses within ten (10) days in accord with the attached order. Signed by Judge Richard A. Lazzara on 4/18/2018. (CCB)
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Filing 38
ENDORSED ORDER denying #37 Motion for Leave to File Reply. Signed by Judge Richard A. Lazzara on 4/17/2018. (CCB)
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| Filing 37 MOTION for leave to file REPLY TO PLAINTIFFS' Response in Opposition to SLS' Motion to Dismiss by Specialized Loan Servicing, LLC. (Hartsell, Gabriel) |
| Filing 36 RESPONSE in Opposition re #33 MOTION to Dismiss Plaintiff's Amended Complaint filed by George Velez, Nancy Velez. (Dunivan, Bryant) |
| Filing 35 RESPONSE in Opposition re #34 MOTION to Dismiss Plaintiffs' Amended Complaint filed by George Velez, Nancy Velez. (Dunivan, Bryant) |
| Filing 34 MOTION to Dismiss Plaintiffs' Amended Complaint by Bank of America, NA. (Pegg, Allen) |
| Filing 33 MOTION to Dismiss Plaintiff's Amended Complaint by Specialized Loan Servicing, LLC. (Hartsell, Gabriel) |
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Filing 32
ENDORSED ORDER granting #31 Motion to Stay Discovery and Motion for Extension of Time to File Motion for Class Certification. Signed by Judge Richard A. Lazzara on 3/20/2018. (CCB)
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| Filing 31 Unopposed MOTION to stay Discovery Pending outcome of Motion to Dismiss, Unopposed MOTION for Extension of Time to File Motion for Class Certification by All Plaintiffs. (Dunivan, Bryant) |
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Filing 30
ENDORSED ORDER that in light of the fact that Plaintiffs have filed an amended complaint, Defendants' Motions to Dismiss [25 & 26] are denied as moot. Defendants shall file their responses to the amended complaint within fourteen (14) days. Signed by Judge Richard A. Lazzara on 3/16/2018. (CCB)
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| Filing 29 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Dunivan, Bryant) |
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Filing 28
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/1/2018, Joinder of Parties due by 9/1/2018, Discovery due by 6/1/2019, Dispositive motions due by 9/1/2019, Pretrial statement due by 11/26/2019, Plaintiff disclosure of expert report due by 1/8/2019, Defendant disclosure of expert report due by 1/22/2019, Final Pretrial Conference set for 12/3/2019 at 10:00 AM in Tampa Courtroom 11 B before Magistrate Judge Mark A. Pizzo, Jury Trial set for 1/6/2020 at 9:00 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. This January trial term shall include the entire month. Estimated length of trial: 40 hours. Signed by Judge Richard A. Lazzara on 3/15/2018. (MSS)
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| Filing 27 CASE MANAGEMENT REPORT. (Dunivan, Bryant) |
| Filing 26 MOTION to Dismiss Plaintiff's Complaint by Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Hartsell, Gabriel) |
| Filing 25 MOTION to Dismiss Plaintiffs' Class Action Complaint by Bank of America, NA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Pegg, Allen) |
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Filing 24
ENDORSED ORDER granting #23 Motion for Extension of Time to File Response to Complaint on or before 3/9/2018. Signed by Judge Richard A. Lazzara on 2/27/2018. (CCB)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Specialized Loan Servicing, LLC. (Hartsell, Gabriel) |
| Filing 22 ***TERMINATED-IMAGE REMOVED AS DISCOVERY PURSUANT TO LOCAL RULE 3.03***NOTICE by Specialized Loan Servicing, LLC Rule 26 Initial Disclosures (Hartsell, Gabriel) (LSS). Modified on 2/23/2018 (LSS). |
| Filing 21 NOTICE of pendency of related cases re #4 Notice of designation of track per Local Rule 1.04(d) by Specialized Loan Servicing, LLC. Related case(s): yes (Hartsell, Gabriel) |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #4 Notice of designation of track by Specialized Loan Servicing, LLC. (Hartsell, Gabriel) |
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Filing 19
ENDORSED ORDER granting #18 Bank of America, NA's Motion for Extension of Time to Answer or Respond to #1 Complaint on or before 2/27/2018. Signed by Judge Richard A. Lazzara on 2/8/2018. (CCB)
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| Filing 18 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint Bank of America, N.A.'s Unopposed Motion for Brief Additional Extension of Time to Respond to Class Action Complaint by Bank of America, NA. (Attachments: #1 Text of Proposed Order)(Pegg, Allen) |
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Filing 17
ENDORSED ORDER granting #15 Motion for Extension of Time to File Response to Complaint on or before 2/27/2018. Signed by Judge Richard A. Lazzara on 2/7/2018. (CCB)
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| Filing 16 NOTICE of Appearance by Nicholas Mark New, II on behalf of Specialized Loan Servicing, LLC (New, Nicholas) |
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Specialized Loan Servicing, LLC. (Hartsell, Gabriel) |
| Filing 14 NOTICE of Appearance by Gabriel Matthew Hartsell on behalf of Specialized Loan Servicing, LLC (Hartsell, Gabriel) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #4 Notice of designation of track by Bank of America, NA identifying Corporate Parent Bank of America Corporation for Bank of America, NA.. (Pegg, Allen) |
| Filing 12 NOTICE of pendency of related cases re #4 Notice of designation of track per Local Rule 1.04(d) by Bank of America, NA. Related case(s): Yes (Pegg, Allen) |
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Filing 11
ENDORSED ORDER granting #10 Bank of America's Motion for Extension of Time to Respond to #1 Complaint on or before 2/20/2018. Signed by Judge Richard A. Lazzara on 1/29/2018. (CCB)
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| Filing 10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Bank of America, NA. (Attachments: #1 Text of Proposed Order)(Pegg, Allen) |
| Filing 9 NOTICE of Appearance by Dwayne Antonio Robinson on behalf of Bank of America, NA (Robinson, Dwayne) |
| Filing 8 NOTICE of Appearance by Allen Paige Pegg on behalf of Bank of America, NA (Pegg, Allen) |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by George Velez. (Dunivan, Bryant) |
| Filing 6 ***TERMINATED PURSUANT TO LOCAL RULE 1.05. COUNSEL TO REFILE WITH HEADER PAGE***CERTIFICATE of interested persons and corporate disclosure statement by George Velez, Nancy Velez. (Dunivan, Bryant) Modified on 1/24/2018 (LSS). |
| Filing 5 NOTICE of pendency of related cases 2008-CA-006245 per Local Rule 1.04(d) by George Velez, Nancy Velez. Related case(s): yes (Dunivan, Bryant) |
| Filing 4 NOTICE of designation under Local Rule 3.05 - Track 2 (MSS) |
| Filing 3 SUMMONS issued as to Specialized Loan Servicing, LLC. (LSS) |
| Filing 2 SUMMONS issued as to Bank of America, NA. (LSS) |
| Filing 1 VERIFIED COMPLAINT against Bank of America, NA, Specialized Loan Servicing, LLC with Jury Demand (Filing fee $ 400 receipt number TPA-48121) filed by George Velez, Nancy Velez. (Attachments: #1 Civil Cover Sheet)(LSS) |
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