Symonette et al v. U.S. Bank National Association et al
| Maurice Symonette and Mack Wells |
| Homecomings Financial LLC, Lancaster Mortgage Bankers, LLC, U.S. Bank National Association, Deutshe Bank National Trust Company, Deutsche Bank National Trust Company, J.P. Morgan Chase Bank, N.A., GMAC, Home Equity Loan Trust, HSBC Bank USA, National Association and Home Equityloan |
| 8:2024cv01302 |
| May 29, 2024 |
| U.S. District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Thomas G Wilson |
| Rent Lease & Ejectment |
| 28 U.S.C. ยง 1443 (1) Rent, Lease & Ejectment |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 18, 2024. A more recent docket listing may be available from PACER.
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| Filing 9 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (BD) |
Filing 8
ENDORSED ORDER: This case is hereby DISMISSED WITHOUT PREJUDICE because the Court's prior Order #3 dismissing the Complaint as a shotgun pleading has now become a final order. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 719-22 (11th Cir. 2020) ("Hertz [Corp. v. Alamo Rent-A-Car, Inc., 16 F.3d 1126 (11th Cir. 1994)] establishes that an order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the time allowed for amendment expires without the plaintiff seeking an extension. And when the order becomes a final judgment, the district court loses 'all its prejudgment powers to grant any more extensions' of time to amend the complaint." (citations omitted)). Plaintiffs have also failed to maintain an updated and viable address with the Court, see (Docs. 6, 7), warranting dismissal without prejudice for failure to prosecute. See Fed. R. Civ. Pro. 11(a), 41(b). This case cannot proceed if Plaintiffs are unreachable. See Gilbert v. Daniels, 725 F. App'x 789, 793 (11th Cir. 2018) (affirming dismissal of a case when the plaintiff was mailed a copy of an order dismissing complaint and providing a deadline to amend, that mailing was returned undeliverable, and the plaintiff failed to timely file an amended complaint). The Clerk is directed to TERMINATE any pending motions and deadlines, CLOSE this case, and MAIL Plaintiffs a copy of this Order. Signed by Judge Kathryn Kimball Mizelle on 6/17/2024. (ALE)
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Filing 5
STANDING ORDER regarding Discovery Motions. Signed by Magistrate Judge Thomas G. Wilson on 6/3/2024. (KMN)
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| Filing 4 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. (KAJ) |
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Filing 3
ORDER. Plaintiffs' #1 Complaint is dismissed without prejudice as a shotgun pleading. Plaintiff may file an amended complaint no later than June 13, 2024. Failure to do so will result in dismissal without prejudice without further notice. In the light of this order, Plaintiffs' #2 Emergency Motion is DENIED AS MOOT. The Clerk is directed to mail Plaintiffs a copy of this order. Signed by Judge Kathryn Kimball Mizelle on 5/30/2024. (ALE)
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| Filing 2 EMERGENCY MOTION for Miscellaneous Relief, specifically to Stop Eviction and Void Sale for Violation of Notice of Removal Stay using Forgery and Fraud by Maurice Symonette, Mack Wells. (Attachments: #1 Exhibit)(AM) |
| Filing 1 COMPLAINT against Deutsche Bank National Trust Company, Deutshe Bank National Trust Company, GMAC, HSBC Bank USA, National Association, Home Equity Loan Trust, Home Equityloan, Homecomings Financial LLC, J.P. Morgan Chase Bank, N.A., Lancaster Mortgage Bankers, LLC, U.S. Bank National Association Filing fee $405, receipt number TPA 70487 filed by Mack Wells, Maurice Symonette. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Exhibit Part 4, #5 Exhibit Part 5, #6 Exhibit Part 6)(AM) |
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