Munoz et al v. Citimortgage, Inc.
| Sheila R. Munoz and Raymond Munoz |
| Citimortgage, Inc. |
| Peter J. Grilli |
| 8:2020cv02311 |
| October 1, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Other Statutory Actions |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 10, 2021. A more recent docket listing may be available from PACER.
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Filing 24
ORDER: Defendant CitiMortgage, Inc.'s Motion to Dismiss (Doc. #10) is granted. The complaint is dismissed without prejudice. Sheila and Raymond Munoz's request for leave to file an amended complaint is granted. (Doc. #21). The Munozes may file an amended complaint by December 7, 2020. Signed by Judge Virginia M. Hernandez Covington on 11/23/2020. (AR) (AR).
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| Filing 23 NOTICE by Raymond Munoz, Sheila R. Munoz re #8 Order; compliance by plaintiffs para 1 A. (Charles, James) |
| Filing 22 CERTIFICATE of compliance re #8 Order by Citimortgage, Inc. (Ettori, Paul) |
| Filing 21 MEMORANDUM in opposition re #10 Motion to Dismiss Complaint filed by Raymond Munoz, Sheila R. Munoz. (Charles, James) |
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Filing 20
ORDER appointing Peter J. Grilli, Esq., as mediator in this action. The mediation conference is scheduled for February 22, 2021, at 1:30 PM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 11/9/2020. (AR)
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| Filing 19 NOTICE of mediation conference/hearing to be held on 2/22/21 1:30 pm before Peter Grilli.(Charles, James) |
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Filing 18
ENDORSED ORDER: Plaintiffs' unopposed Motion for Extension of Time for Mediation (Doc. #17) is granted in part. The mediation deadline is extended until February 26, 2021. James Newell Charles, Esq., shall file a notice of mediation informing the Court as to the date, time, and location of mediation by November 9, 2020. Signed by Judge Virginia M. Hernandez Covington on 11/3/2020. (AR)
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| Filing 17 Unopposed MOTION for Extension of Time to File conduct mediation by All Plaintiffs. (Charles, James) |
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Filing 16
ENDORSED ORDER: Plaintiffs' unopposed Motion for Extension (Doc. #15) is granted. Plaintiffs' response to the Motion to Dismiss (Doc. #10) is now due November 16, 2020. Signed by Judge Virginia M. Hernandez Covington on 10/30/2020. (AR)
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| Filing 15 MOTION for Extension of Time to File Response/Reply by All Plaintiffs. (Charles, James) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by Raymond Munoz, Sheila R. Munoz. (Charles, James) |
| Filing 13 NOTICE of pendency of related cases re #7 Related case order and track 2 notice per Local Rule 1.04(d) by Raymond Munoz, Sheila R. Munoz. Related case(s): yes (Charles, James) |
| Filing 12 NOTICE of pendency of related cases re #7 Related case order and track 2 notice per Local Rule 1.04(d) by Citimortgage, Inc. Related case(s): yes (Ettori, Paul) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Citimortgage, Inc. identifying Other Affiliate Citibank, N.A., Other Affiliate Citigroup Inc., Other Affiliate Citi Retail Services LLC, Other Affiliate Citicorp USA, Other Affiliate Citicorp LLC for Citimortgage, Inc. (Ettori, Paul) |
| Filing 10 MOTION to Dismiss complaint by Citimortgage, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ettori, Paul) |
| Filing 9 NOTICE of Appearance by William P. Heller on behalf of Citimortgage, Inc. (Heller, William) |
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Filing 8
SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Peter J. Grilli, Esq., for mediation. The parties must mediate no later than January 19, 2021. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by November 2, 2020. Neither party may reschedule or cancel the mediation conference once it is set; leave of Court must be obtained before the mediation conference may be rescheduled or cancelled. The parties shall not mediate until the information exchange outlined in the Scheduling Order is completed. Absent compelling circumstances and leave of Court, lead counsel must appear at the mediation conference. Lead Counsel shall file a notice informing the Court as to the results of mediation within 24 hours of the mediation conference. In the event mediation results in an impasse, the parties must file their jointly-prepared fast-track case management report within 24 hours of the mediation conference. Upon review of the jointly-prepared case management report, the Court will determine whether a case management hearing is necessary. If a case management hearing is necessitated, the Court will set the hearing by separate notice. Furthermore, if mediation results in an impasse, the Court intends to schedule this action for trial within 90-120 days from the mediation conference. Signed by Judge Virginia M. Hernandez Covington on 10/13/2020. (TWL)
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Filing 7
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 10/9/2020. (TWL)
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Filing 6
ENDORSED ORDER: The Court's October 2, 2020, Order directing the parties to meet and confer and file a completed Case Management Report is vacated. (Doc. # 3). Because this case involves a claim under RESPA, the case should be fast-tracked. The Court will enter an appropriate scheduling order. Signed by Senior Judge Virginia M. Hernandez Covington on 10/7/2020. (AR)
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Filing 5
ENDORSED ORDER granting #4 Motion for Extension of Time to File Response / Reply. Response is due by October 19, 2020. Signed by Judge Virginia M. Hernandez Covington on 10/3/2020. (Covington, Virginia)
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| Filing 4 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal by Citimortgage, Inc. (Ettori, Paul) |
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Filing 3
***VACATED; pursuant to court's endorsed order 6.***ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 16, 2020, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 10/2/2020. (LEA) Modified text on 10/8/2020 (LNR).
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:20-cv-2311-T-33AEP. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 10th Judicial Circuit, Polk County, Florida, case number 2020-CA-002715 Filing fee $ 400, receipt number 113A-17376126 filed by Citimortgage, Inc. (Attachments: #1 State Court Docket Sheet Exhibit A, #2 State Court COMPLAINT Exhibit B, #3 State Court Other Documents Exhibit C, #4 Civil Cover Sheet)(Ettori, Paul) Modified on text 10/2/2020 (AG). |
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