Gossamer Wing, LLC v. The Bank of New York Mellon
| Gossamer Wing, LLC |
| The Bank of New York Mellon and The Bank of New York |
| 8:2021cv00624 |
| March 17, 2021 |
| US District Court for the Middle District of Florida |
| William F Jung |
| Anthony E Porcelli |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on March 21, 2022. A more recent docket listing may be available from PACER.
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| Filing 64 NOTICE by The Bank of New York Mellon re #57 MOTION for Sanctions and Attorney's Fees (Attachments: #1 Exhibit 1)(Kohn, Joseph) |
Filing 63
ENDORSED ORDER: Mr. Segal's response to the motion for sanctions, which is due May 25, 2021, should be under oath. In it Mr. Segal should directly address the implications of Doc. 62, which is part of that motion. Signed by Judge William F. Jung on 5/14/2021. (Jung, William)
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| Filing 62 NOTICE to the Courts to take judicial notice regarding Exhibits 1-3 by The Bank of New York Mellon. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kohn, Joseph) |
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Filing 61
ENDORSED ORDER taking under advisement #57 Motion for Sanctions. Plaintiff's counsel must respond to the Motion for Sanctions within 21 days of its filing, in default of which the Court will grant the Motion. Signed by Judge William F. Jung on 5/7/2021. (Jung, William)
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Filing 60
ENDORSED ORDER granting #50 Motion to Dismiss for Failure to State a Claim and Failure to Prosecute. Defendants in these related cases have stated that the Plaintiffs' counsel brought these related cases not to litigate a cause, but only to obtain defaults improperly. When the instant Defendant moved to dismiss the Complaint, Plaintiff filed no response as required by the Local Rules for a party objecting to the motion. The Court warned Plaintiff's counsel about the deadline for responding, but no response was forthcoming. Doc. 55. Unsure of Plaintiffs' intention, the Court expressly ordered Plaintiff's counsel to file a statement of whether the Motion to Dismiss was opposed and, if so, when a response would be filed. Plaintiff's counsel ignored the undersigned's Order, and filed no response thereto. Doc. 59. The Plaintiff's claims are dismissed for failure to state a claim, for grounds asserted in the unopposed Motion to Dismiss. The Plaintiff's claims are also dismissed for its counsel's willful defiance of the undersigned's direct Order. No further claims may be lodged by this Plaintiff in this matter. Signed by Judge William F. Jung on 5/7/2021. (Jung, William)
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Filing 59
ENDORSED ORDER REQUIRING RESPONSE: Plaintiff's attorney Mr. Segal is ORDERED to answer the following Court interrogatories no later than 5:00 pm May 7, 2021. Q: Does this Plaintiff object to granting the motion to dismiss at Doc. 50? Q: If that answer is "yes," state the date that Plaintiff will file its response to Doc. 50. Signed by Judge William F. Jung on 5/5/2021. (Jung, William)
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| Filing 58 NOTICE to the Courts to take judicial notice regarding #57 MOTION for Sanctions and Attorney's Fees; Defendant's Request for Judicial Notice and Notice of Intent to Use Summaries by The Bank of New York Mellon. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kohn, Joseph) |
| Filing 57 MOTION for Sanctions and Attorney's Fees by The Bank of New York Mellon. (Kohn, Joseph) |
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Filing 56
CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 11/1/2021. Final Pretrial Conference set for 3/10/2022 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung. Jury Trial set for the April 2022 trial term commencing 4/4/2022 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung. Conduct mediation hearing by 12/15/2021. Lead counsel to coordinate dates. Signed by Judge William F. Jung on 4/30/2021. (SAO)
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Filing 55
ENDORSED ORDER reminding counsel that responses to motions to dismiss are due within 21 days, and "[I]f a party fails to timely respond, the motion is subject to treatment as unopposed." M.D. Fla. Loc. R. 3.01(c). Signed by Judge William F. Jung on 4/30/2021. (Jung, William)
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| Filing 54 CASE MANAGEMENT REPORT. (Kohn, Joseph) |
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Filing 53
ORDER VACATING DEFAULT FINAL JUDGMENT and setting aside Clerk's default. Signed by Judge William F. Jung on 4/15/2021. (CCB)
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Filing 52
ENDORSED ORDER granting #49 Motion for Reconsideration as the time for filing objections has passed. Signed by Judge William F. Jung on 4/15/2021. (CCB)
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Filing 51
ENDORSED ORDER taking under advisement #49 Motion for Reconsideration / Clarification. The Court does not intend to revisit the merits of Judge Cannon's prior Order vacating the default judgment, and does not intend to revisit the merits of Judge Cannon's prior Order denying rehearing on that vacatur. However, defendant has moved for a more clear statement of that Order of vacatur, something which seems advisable. If Plaintiff has any objection to granting the pending motion (Doc. 49), any such objection should be stated and filed on this docket no later than April 14, 2021. Signed by Judge William F. Jung on 4/9/2021. (Jung, William)
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| Filing 50 MOTION to Dismiss for Failure to State a Claim , Request for Judicial Notice, and Incorporated Memorandum of Law by The Bank of New York Mellon. (Attachments: #1 Exhibit 1 - Lis Pendens, #2 Exhibit 2 - FC Docket, #3 Exhibit 3 - Final Judgment of Foreclosure, #4 Exhibit 4 - Agreed Order Vacating Final Judgment, #5 Exhibit 5 - Satisfaction of Mortgage, #6 Exhibit 6 - COS and COT, #7 Exhibit 7 - Deed and Property Records, #8 Exhibit 8 - AOM)(Kohn, Joseph) |
| Filing 49 MOTION for Clarification re #33 Order; Def's Motion for Clarification of the Court's March 7, 2021 Omnibus Order by The Bank of New York Mellon. (Attachments: #1 Exhibit 1)(Kohn, Joseph) |
| Filing 48 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). (SAO) |
| Filing 47 NOTICE 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). (SAO) |
| Filing 46 TRANSFER IN from the Southern District of Florida (West Palm Beach Division). Case assigned to District Judge William F. Jung and Magistrate Judge Anthony E. Porcelli. New Case Number: 8:21-cv-624-WFJ-AEP. (AG) |
| Filing 45 Case transferred in from District of Florida Southern; Case Number 9:21-cv-80319. File received electronically |
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Filing 44
ORDER TRANSFERRING CASE. Closing Case. Signed by Judge Aileen M. Cannon on 3/17/2021. See attached document for full details. (cds) [Transferred from flsd on 3/17/2021.]
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| Filing 43 NOTICE by GOSSAMER WING, LLC, AS TRUSTEE of Second Updated Version of Halow Affidavit (Attachments: #1 Exhibit) (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
| Filing 42 NOTICE by GOSSAMER WING, LLC, AS TRUSTEE of Updated Version of Halow Affidavit (Attachments: #1 Exhibit) (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
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Filing 41
ORDER Denying #35 Motion to Stay. Signed by Judge Aileen M. Cannon on 3/11/2021. See attached document for full details. (cds) [Transferred from flsd on 3/17/2021.]
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Filing 40
ORDER Denying #34 Motion for Reconsideration. Signed by Judge Aileen M. Cannon on 3/11/2021. See attached document for full details. (cds) [Transferred from flsd on 3/17/2021.]
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| Filing 39 Clerks Notice to Filer re #37 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, See DE#38. It is not necessary to refile this document. (cds) [Transferred from flsd on 3/17/2021.] |
| Filing 38 RESPONSE TO ORDER TO SHOW CAUSE re 36 Order by GOSSAMER WING, LLC, AS TRUSTEE. (For Image See DE#37) (cds) [Transferred from flsd on 3/17/2021.] |
| Filing 37 NOTICE by GOSSAMER WING, LLC, AS TRUSTEE re 36 Order, of Response to Order to Show Cause re Venue (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
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Filing 36
PAPERLESS ORDER re #33 the Court's Order granting Defendant's Motion to Quash Service of Process and Vacate Clerk's Default and Final Judgment. Plaintiff is reminded of its obligation to show written cause, on before March 15, 2021, why this case should not be transferred to the Middle District of Florida pursuant to 28 U.S.C. 1404(a). Signed by Judge Aileen M. Cannon on 3/11/2021. (jrt) [Transferred from flsd on 3/17/2021.]
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| Set Deadlines Per DE#36. Show Cause Response due by 3/15/2021. (cqs) [Transferred from flsd on 3/17/2021.] |
| Filing 35 MOTION to Stay Adjudication of Any Service Issue Pending Discovery from CT by GOSSAMER WING, LLC, AS TRUSTEE. Responses due by 3/23/2021 (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
| Filing 34 MOTION for Reconsideration re #33 Order,,, Terminate Motions,, by GOSSAMER WING, LLC, AS TRUSTEE. (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
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Filing 33
OMNIBUS ORDER. Plaintiff's Motion to Remand [ECF No. 3] is DENIED. Defendant's Motion to Quash Service and to Set Aside State Default is GRANTED [ECF No. 15]. The default entered by the clerk of the state court [ECF No. 1-1 pp. 32] is set aside. Plaintiff's Motions for Judicial Notice [ECF Nos. 7, 8, 9, 20] are GRANTED. Plaintiff's Motion to Strike and for Sanctions is DENIED [ECF No. 1-9; ECF No. 17]. Within seven (7) days of this Order, Plaintiff shall show cause why this case should not be transferred to the Middle District of Florida pursuant to 28 U.S.C. 1404(a). Signed by Judge Aileen M. Cannon on 3/5/2021. See attached document for full details. (mno) [Transferred from flsd on 3/17/2021.]
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| Filing 32 NOTICE by GOSSAMER WING, LLC, AS TRUSTEE re #29 Reply to Response to Motion of Santucci Affidavit Admitting Merger (Attachments: #1 Exhibit) (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
| Filing 31 REPLY in Support re #15 MOTION to Quash Service of Process MOTION to Vacate Clerk's Default and Default Judgment filed by The Bank of New York Mellon. (Kohn, Joseph) Text Modified on 3/5/2021 (cds). [Transferred from flsd on 3/17/2021.] |
| Filing 30 NOTICE by GOSSAMER WING, LLC, AS TRUSTEE re #29 Reply to Response to Motion of Centurion Case (Attachments: #1 Exhibit, #2 Exhibit) (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
| Filing 29 REPLY to Response to Motion re #3 Plaintiff's MOTION to Remand to State Court filed by GOSSAMER WING, LLC, AS TRUSTEE. (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
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Filing 28
PAPERLESS ORDER: The Court reissues its Order requiring Defendant to respond to #3 Plaintiff's Motion to Remand. Plaintiff mislabeled #11 as a Response in Opposition to Plaintiff's Motion to Remand to State Court, but in reality it is Plaintiff's Response to Defendant's Motion to Quash. Accordingly, Defendant has not yet filed a response to #3 Plaintiff's Motion to Remand. Defendant shall file such response on or before March 5, 2021. The Court's Order 25 is hereby vacated, thereby reinstating the Court's prior Order requiring Defendant to respond--except by the new response deadline of March 5, 2021 19. Signed by Judge Aileen M. Cannon on 3/2/2021. (tgs) Signed by Judge Aileen M. Cannon on 3/2/2021. (tgs) [Transferred from flsd on 3/17/2021.]
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| Filing 27 RESPONSE in Opposition re #3 Plaintiff's MOTION to Remand to State Court filed by The Bank of New York Mellon. Replies due by 3/9/2021. (Kohn, Joseph) [Transferred from flsd on 3/17/2021.] |
| Filing 26 Notice of Pending, Refiled, Related or Similar Actions by The Bank of New York Mellon (Attachments: #1 Exhibit 1) (Kohn, Joseph) [Transferred from flsd on 3/17/2021.] |
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Filing 25
PAPERLESS ORDER VACATING 19 Order. Defendant already responded #11 in Opposition to Plaintiff's Motion to Remand #3. No additional response to #3 is necessary from Defendant. Signed by Judge Aileen M. Cannon on 3/1/2021. (AMC) [Transferred from flsd on 3/17/2021.]
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Filing 24
PAPERLESS ORDER denying #23 Plaintiff's Motion to Stay Adjudication of Service Issues Pending Deposition and Motion to Compel Deposition. Signed by Judge Aileen M. Cannon on 3/1/2021. (AMC) [Transferred from flsd on 3/17/2021.]
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| Filing 23 MOTION to Stay Adjudication of Service Issues Pending Deposition and Motion to Compel Deposition by GOSSAMER WING, LLC, AS TRUSTEE. Responses due by 3/15/2021 (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
| Filing 22 Clerks Notice to Filer re #20 Notice. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (cqs) [Transferred from flsd on 3/17/2021.] |
| Filing 21 RESPONSE in Opposition re #15 MOTION to Quash Service of Process MOTION to Vacate Clerk's Default and Default Judgment filed by GOSSAMER WING, LLC, AS TRUSTEE. Replies due by 3/8/2021. (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
| Filing 20 REQUEST FOR JUDICIAL NOTICE OF AVIRAM CASE by GOSSAMER WING, LLC, AS TRUSTEE of Aviram Case (Segal, Lee)Event and Text Modified on 3/1/2021 (cqs). [Transferred from flsd on 3/17/2021.] |
| Reset Deadlines Per DE#19. Responses due by 3/2/2021 (cqs) [Transferred from flsd on 3/17/2021.] |
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Filing 19
(Vacated per DE#25)PAPERLESS ORDER re #3 Plaintiff's MOTION to Remand to State Court filed by GOSSAMER WING, LLC, AS TRUSTEE. Defendant shall respond to that motion on or before March 2, 2021. Signed by Judge Aileen M. Cannon on 2/25/2021. (AMC)Text Modified on 3/2/2021 (cqs). [Transferred from flsd on 3/17/2021.]
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| Filing 18 Defendant's Corporate Disclosure Statement by The Bank of New York Mellon identifying Corporate Parent The Bank of New York Mellon Corporation for The Bank of New York Mellon (Kohn, Joseph) [Transferred from flsd on 3/17/2021.] |
| Filing 17 SUPPLEMENT in Opposition to Plaintiff's "Motion to Strike Motion to Vacate and for Sanctions for Fraud on the Court" (Doc. No. 1-9) by The Bank of New York Mellon (Kohn, Joseph) [Transferred from flsd on 3/17/2021.] |
| Filing 16 Clerks Notice to Filer re #14 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. Specialized Property Management Group, LLC., Gabriela N. Timis, Esq., Select Portfolio Servicing, Inc., Rim Iplaev, Svetlana Iplaev, Joseph A. Lemire and Anne M. Hoffman Deniz. (cds) [Transferred from flsd on 3/17/2021.] |
| Filing 15 MOTION to Quash Service of Process, MOTION to Vacate Clerk's Default and Default Judgment ( Responses due by 3/10/2021) by The Bank of New York Mellon. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Kohn, Joseph) [Transferred from flsd on 3/17/2021.] |
| Filing 14 Corporate Disclosure Statement and Certificate of Interested Parties by The Bank of New York Mellon identifying Corporate Parent The Bank of New York Mellon Corporation for The Bank of New York Mellon (Kohn, Joseph) [Transferred from flsd on 3/17/2021.] |
| Filing 13 Clerks Notice to Filer re #8 Notice, #7 Notice. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (cqs) [Transferred from flsd on 3/17/2021.] |
| Filing 12 Clerks Notice to Filer re #9 Notice. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (cqs) [Transferred from flsd on 3/17/2021.] |
| Filing 11 RESPONSE in Opposition re #3 Plaintiff's MOTION to Remand to State Court filed by GOSSAMER WING, LLC, AS TRUSTEE. Replies due by 3/1/2021. (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
| Filing 10 AFFIDAVIT in Support re #3 Plaintiff's MOTION to Remand to State Court of Lee Segal filed by GOSSAMER WING, LLC, AS TRUSTEE. (Attachments: #1 Exhibit)(Segal, Lee) [Transferred from flsd on 3/17/2021.] |
| Filing 9 Request For Judaical Notice by GOSSAMER WING, LLC, AS TRUSTEE of Broward Case (Attachments: #1 Exhibit) (Segal, Lee)Event Modified on 2/22/2021 (cqs). [Transferred from flsd on 3/17/2021.] |
| Filing 8 REQUEST FOR JUDICIAL NOTICE by GOSSAMER WING, LLC, AS TRUSTEE 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)Event Modified on 2/22/2021 (cqs). [Transferred from flsd on 3/17/2021.] |
| Filing 7 REQUEST FOR JUDICIAL NOTICE by GOSSAMER WING, LLC, AS TRUSTEE of BONYM Court Filings (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Segal, Lee)Event Modified on 2/22/2021 (cqs). [Transferred from flsd on 3/17/2021.] |
| Filing 6 AFFIDAVIT in Support re #3 Plaintiff's MOTION to Remand to State Court of Darrin Mish filed by GOSSAMER WING, LLC, AS TRUSTEE. (Attachments: #1 Exhibit)(Segal, Lee) [Transferred from flsd on 3/17/2021.] |
| Filing 5 NOTICE by GOSSAMER WING, LLC, AS TRUSTEE of BONYM SEC Filings (Attachments: #1 Exhibit, #2 Exhibit) (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
| Filing 4 NOTICE by GOSSAMER WING, LLC, AS TRUSTEE of BONY Annual Reports from 1995-2020 (Attachments: #1 Exhibit) (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
| Filing 3 Plaintiff's MOTION to Remand to State Court by GOSSAMER WING, LLC, AS TRUSTEE. (Segal, Lee) [Transferred from flsd on 3/17/2021.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cds) [Transferred from flsd on 3/17/2021.] |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-14373337, filed by The Bank of New York Mellon. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet, #6 Docket Sheet, #7 Summon(s), #8 Exhibit PENDING Motion to Quash, #9 Exhibit PENDING Motion to Strike)(Kohn, Joseph) Text Modified on 2/11/2021 (cds). No Answer/Motion to Dismiss Filed. [Transferred from flsd on 3/17/2021.] |
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