Aviram v. The Bank of New York Mellon
Plaintiff: Jimmy Aviram
Defendant: The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2006-TM1, Mortgage Pass-Through Certificates, Series 2006-TM, The Bank of New York Mellon and The Bank of New York
Case Number: 8:2021cv00432
Filed: February 23, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Thomas P Barber
Referring Judge: Christopher P Tuite
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2021 Filing 43 NOTICE of supplemental authority by The Bank of New York Mellon. (Attachments: #1 Exhibit A (Centurion Order))(Fesnak, Heather)
April 13, 2021 Filing 42 NOTICE of supplemental authority by The Bank of New York Mellon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fesnak, Heather)
April 8, 2021 Filing 41 CERTIFICATE of interested persons and corporate disclosure statement by Jimmy Aviram. (Segal, Lee)
April 8, 2021 Filing 40 NOTICE of a related action per Local Rule 1.07(c) by Jimmy Aviram. Related case(s): No (Segal, Lee)
April 7, 2021 Filing 39 TERMINATED. NOTICE of compliance Interested Persons & Disclosure Statement by Jimmy Aviram (Segal, Lee) NOTE: Incorrect event code, counsel to refile under; Certificate of interested persons and corporate disclosure statement. Modified on 4/8/2021 (LD).
April 7, 2021 Filing 38 NOTICE by Jimmy Aviram re #3 MOTION to Remand to State Court of Untimely Removals to Thwart Evidentiary Hearings in State Court (Segal, Lee)
April 7, 2021 Filing 37 TERMINATED. NOTICE by Jimmy Aviram (Segal, Lee) NOTE: Incorrect event code, counsel to refile under; Notice of a Related Action. Modified on 4/8/2021 (LD).
April 5, 2021 Filing 36 CASE MANAGEMENT REPORT. (Fesnak, Heather)
April 2, 2021 Filing 35 NOTICE to the Court to Take Judicial Notice of BONYM's Motion to Quash in Wilson Case by Jimmy Aviram re #3 MOTION to Remand to State Court. (Attachments: #1 Exhibit)(Segal, Lee) Modified on 4/5/2021 (TDC).
April 2, 2021 Filing 34 NOTICE of supplemental authority re #3 MOTION to Remand to State Court by Jimmy Aviram. (Attachments: #1 Exhibit)(Segal, Lee)
April 1, 2021 Filing 33 NOTICE of supplemental authority re #23 MOTION to Vacate Default Final Judgment, to Set Aside Clerk's Default, and to Quash Service by The Bank of New York Mellon. (Attachments: #1 Exhibit A)(Fesnak, Heather)
March 30, 2021 Filing 32 NOTICE by Jimmy Aviram re #3 MOTION to Remand to State Court of BONYM's Motion to Quash in Cook Case (Attachments: #1 Exhibit)(Segal, Lee)
March 30, 2021 Filing 31 NOTICE of supplemental authority re #3 MOTION to Remand to State Court by Jimmy Aviram. (Attachments: #1 Exhibit)(Segal, Lee)
March 23, 2021 Filing 30 NOTICE of supplemental authority re #3 MOTION to Remand to State Court by Jimmy Aviram. (Attachments: #1 Exhibit)(Segal, Lee)
March 22, 2021 Filing 29 RESPONSE in Opposition re #18 MOTION to Stay Adjudication of Any Service Issue Pending Discovery from CT filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fesnak, Heather)
March 19, 2021 Filing 28 NOTICE of supplemental authority re #3 MOTION to Remand to State Court by Jimmy Aviram. (Attachments: #1 Exhibit, #2 Exhibit)(Segal, Lee)
March 17, 2021 Filing 27 NOTICE by Jimmy Aviram re #18 MOTION to Stay Adjudication of Any Service Issue Pending Discovery from CT of Updated Version of Halow Affidavit (Attachments: #1 Exhibit)(Segal, Lee)
March 17, 2021 Filing 26 NOTICE by Jimmy Aviram re #3 MOTION to Remand to State Court of Second Updated Version of Halow Affidavit (Attachments: #1 Exhibit)(Segal, Lee)
March 17, 2021 Filing 25 NOTICE by Jimmy Aviram re #24 Response in Opposition to Motion of Pleading Showing Inconsistent Positions (Attachments: #1 Exhibit)(Segal, Lee)
March 16, 2021 Filing 24 RESPONSE in Opposition re #23 MOTION to Vacate and Memorandum of Law filed by Jimmy Aviram. (Segal, Lee)
March 12, 2021 Filing 23 MOTION to VACATE DEFAULT FINAL JUDGMENT, to SET ASIDE CLERK'S DEFAULT, and to QUASH SERVICE & DEFENDANT'S BRIEF re #1 Notice of Removal /MEMORANDUM INCORPORATING AND RE-FILING STATE COURT MOTION TO VACATE DEFAULT FINAL JUDGMENT, TO SET ASIDE CLERK'S DEFAULT, AND TO QUASH SERVICE filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Fesnak, Heather) Modified on 3/15/2021 (LD).
March 12, 2021 Filing 22 NOTICE of a related action per Local Rule 1.07(c) by The Bank of New York Mellon. Related case(s): Yes (Attachments: #1 Exhibit A)(Fesnak, Heather)
March 12, 2021 Filing 21 CERTIFICATE of interested persons and corporate disclosure statement by The Bank of New York Mellon identifying Corporate Parent Bank of New York Mellon Corporation for The Bank of New York Mellon.. (Fesnak, Heather)
March 12, 2021 Filing 20 RESPONSE in Opposition re #15 MOTION to Stay Adjudication of Service Issues Pending Deposition and Motion to Compel Deposition filed by The Bank of New York Mellon. (Fesnak, Heather)
March 10, 2021 Filing 19 RESPONSE in Opposition re #3 MOTION to Remand to State Court filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A - Certified copy of order)(Fesnak, Heather)
March 9, 2021 Filing 18 MOTION to Stay Adjudication of Any Service Issue Pending Discovery from CT by Jimmy Aviram. (Segal, Lee)
March 9, 2021 Filing 17 NOTICE by Jimmy Aviram of Santucci Affidavit Admitting Merger (Attachments: #1 Exhibit)(Segal, Lee)
March 3, 2021 Filing 16 NOTICE by Jimmy Aviram re #15 MOTION to Stay Adjudication of Service Issues Pending Deposition and Motion to Compel Deposition, #3 MOTION to Remand to State Court of Supplemental Authority (Attachments: #1 Exhibit)(Segal, Lee)
March 1, 2021 Filing 15 MOTION to Stay Adjudication of Service Issues Pending Deposition and Motion to Compel Deposition by Jimmy Aviram. (Segal, Lee)
February 26, 2021 Filing 14 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (SRC)
February 26, 2021 Filing 13 NOTICE to Counsel of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) 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. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (SRC)
February 24, 2021 Filing 12 NOTICE by Jimmy Aviram of Filing Proposed Order from 2-2-21 Hearing in State Court. (Attachments: #1 Exhibit)(Segal, Lee) Modified on 2/25/2021 (TDC).
February 24, 2021 Filing 11 NOTICE by Jimmy Aviram of Filing Transcript of 2-2-21 Hearing. (Attachments: #1 Exhibit)(Segal, Lee) Modified on 2/25/2021 (TDC).
February 24, 2021 Filing 10 AFFIDAVIT of Lior Segal by Jimmy Aviram. (Attachments: #1 Exhibit)(Segal, Lee) Modified on 2/25/2021 (TDC).
February 24, 2021 Filing 9 NOTICE by Jimmy Aviram of Broward Case. (Attachments: #1 Exhibit)(Segal, Lee) Modified on 2/25/2021 (TDC).
February 24, 2021 Filing 8 NOTICE by Jimmy Aviram of BONYM Service Challenges. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Segal, Lee) Modified on 2/25/2021 (TDC).
February 24, 2021 Filing 7 NOTICE by Jimmy Aviram of BONYM Court Filings. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Segal, Lee) Modified on 2/25/2021 (TDC).
February 24, 2021 Filing 6 AFFIDAVIT of Darrin Mish by Jimmy Aviram. (Attachments: #1 Exhibit)(Segal, Lee)
February 24, 2021 Filing 5 NOTICE by Jimmy Aviram of BONYM SEC Filings (Attachments: #1 Exhibit, #2 Exhibit)(Segal, Lee)
February 24, 2021 Filing 4 NOTICE by Jimmy Aviram of BONY Annual Reports from 1995-2020. (Attachments: #1 Exhibit)(Segal, Lee) Modified on 2/25/2021 (TDC).
February 24, 2021 Filing 3 MOTION to Remand to State Court by Jimmy Aviram. (Segal, Lee)
February 24, 2021 Filing 2 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Christopher P. Tuite. New case number: 8:21-cv-0432-TPB-CPT. (SJB)
February 23, 2021 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of Sixth Judicial Circuit, Pinellas County, case number 2020-003614-CI filed in State Court on 07/30/2020. Filing fee $ 402, receipt number 113A-17922020 filed by The Bank of New York Mellon. (Attachments: #1 Exhibit Ex. A - List of Cases, #2 Exhibit Ex. B - All state pleadings, #3 Exhibit Ex. C - Foreclosure complaint, #4 Exhibit Ex. D - Notice of Filing Notice of Removal, #5 State Court COMPLAINT, #6 State Court Docket Sheet, #7 State Court Other Documents, #8 Civil Cover Sheet)(Fesnak, Heather) Modified on 2/24/2021 (JLD).

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Defendant: The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2006-TM1, Mortgage Pass-Through Certificates, Series 2006-TM
Represented By: Heather Lynn Fesnak
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Defendant: The Bank of New York Mellon
Represented By: Heather Lynn Fesnak
Represented By: Katherine Elizabeth Shepard
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Defendant: The Bank of New York
Represented By: Heather Lynn Fesnak
Represented By: Katherine Elizabeth Shepard
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Plaintiff: Jimmy Aviram
Represented By: Lee Segal
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