Third Federal Savings and Loan Association of Cleveland v. Rush et al
| Third Federal Savings and Loan Association of Cleveland |
| Shirley J. Rush and Robert Barry Rush |
| 8:2025cv00853 |
| April 4, 2025 |
| U.S. District Court for the Middle District of Florida |
| Natalie Hirt Adams |
| William F Jung |
| Contract: Other |
| 28 U.S.C. ยง 1441 Notice of Removal--Other Contract |
| None |
Docket Report
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This docket was last retrieved on May 21, 2025. A more recent docket listing may be available from PACER.
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| Filing 12 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). (MLB) |
Filing 11
ENDORSED ORDER granting #8 Motion to Remand to State Court. The remand is granted due to defect in removal. No underlying complaint was filed despite the Court order for same. See Dkt. 5. No fee or in forma pauperis affidavit was filed despite the Court requesting same. See Dkt. 4. The underlying law suit shows the removal is well out of time. This appears to be an attempt to avoid foreclosure in state court. The Clerk will remand and close. Signed by Judge William F. Jung on 5/19/2025. (Jung, William)
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| FEES Paid by Shirley J. Rush (Filing fee $405.00, Receipt Number TPA027284). (ARC) |
| Filing 10 NOTICE TO COUNSEL Amy M. Kiser and Joseph N. Dayan of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (FLY) |
| Filing 9 NOTICE TO COUNSEL Amy M. Kiser and Joseph N. Dayan of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (FLY) |
| Filing 8 First MOTION to Remand to State Court by Third Federal Savings and Loan Association of Cleveland. (Kiser, Amy) |
| Filing 7 NOTICE of Appearance by Amy M. Kiser on behalf of Third Federal Savings and Loan Association of Cleveland (Kiser, Amy) |
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Filing 6
ENDORSED ORDER striking Dkt. 1. Signed by Judge William F. Jung on 4/11/2025. (Jung, William)
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Filing 5
ENDORSED ORDER denying #2 Motion to Dismiss. The complaint is not in this file or docket. Signed by Judge William F. Jung on 4/11/2025. (Jung, William)
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Filing 4
ENDORSED ORDER: The Clerk's fee must be paid or an appropriate in forma pauperis application be on file. This must be accomplished within 7 days. The removal papers at Dkt. 1 do not contain the actionable complaint removed and thus they are STRICKEN. Signed by Judge William F. Jung on 4/11/2025. (Jung, William)
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| Filing 3 NOTICE TO COUNSEL Shirley J. Rush, Robert Barry Rush of Local Rule 1.06(b), which requires a legible copy of each paper docketed in the state court. File the complete state court record using the Notice (Other) event. The state court record must be attached as separate files. Refer to the Attorney Civil Case Opening Manual (www.flmd.uscourts.gov), for details on how to attach and describe the state court record (Signed by Deputy Clerk). (AA) |
| Filing 2 MOTION to Dismiss Plaintiff's Complaint by Robert Barry Rush, Shirley J. Rush. (AA) (e-portal) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Twelfth Judicial Circuit Court Sarasota County, case number 24-CA-001723-NC filed by Robert Barry Rush, Shirley J. Rush. (Attachments: #1 State Court ANSWER, #2 Civil Cover Sheet) (Note: Fee not paid. No IFP motion filed.) (AA) (e-portal) |
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