Duff et al v. Nationstar Mortgage LLC
| ADAM MICHAEL DUFF and KELLEY ELIZABETH MCKELL-DUFF |
| Nationstar Mortgage LLC doing business as Mr. Cooper |
| 8:2025cv03039 |
| November 5, 2025 |
| U.S. District Court for the Middle District of Florida |
| Charlene Edwards Honeywell |
| Christopher P Tuite |
| Real Property: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2026. A more recent docket listing may be available from PACER.
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| Filing 25 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). (JVC) |
Filing 24
ORDERED: Plaintiffs' claims against Defendant Nationstar Mortgage LLC are dismissed, with prejudice, with each party to bear its own attorneys' fees and costs, unless otherwise agreed by the parties. The Clerk is directed to terminate pending motions and deadlines, if any, and close this case. Signed by Senior Judge Charlene Edwards Honeywell on 3/30/2026. (JDE)
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| Filing 23 NOTICE of voluntary dismissal by Adam Michael Duff, Kelley Elizabeth McKell-Duff (Mabery, Ross) |
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Filing 22
ORDER directing the parties to file a joint notice as to the status of settlement. Status report due by 3/30/2026. Signed by Senior Judge Charlene Edwards Honeywell on 3/23/2026. (JDE)
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Filing 21
ENDORSED ORDER granting Plaintiff's #20 Second Agreed Motion for Extension to File Amended Complaint. Accordingly, no later than March 11, 2026, Plaintiff shall file an amended complaint. Signed by Magistrate Judge Christopher P. Tuite on 2/25/2026. (TC)
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| Filing 20 Second agreed MOTION for Extension of Time to File Amended Complaint by Adam Michael Duff, Kelley Elizabeth McKell-Duff. (Gruman, Perry) Motions referred to Magistrate Judge Christopher P. Tuite. Modified on 2/25/2026 as to docket text (LJC). |
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Filing 19
ENDORSED ORDER granting Plaintiffs' #18 [Unopposed] Motion for Extension of Time to File Amended Complaint. Accordingly, no later than February 24, 2026, Plaintiffs shall file an amended complaint. Signed by Magistrate Judge Christopher P. Tuite on 2/11/2026. (TC)
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| Filing 18 MOTION for Extension of Time to File Amended Complaint by Adam Michael Duff, Kelley Elizabeth McKell-Duff. (Mabery, Ross) Motions referred to Magistrate Judge Christopher P. Tuite. |
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Filing 17
ORDERED: Defendant's Partial Motion to Dismiss Complaint #5 is GRANTED. Counts II, III, and IV of the Complaint are dismissed without prejudice. Plaintiffs are granted leave to file an Amended Complaint within 14 days of the date of this Order. Failure to file an Amended Complaint within the time permitted will result in the case proceeding on Count I of the Complaint only, in which case Defendant's answer to Count I shall be due on or before February 24, 2026. If Plaintiffs choose to file an Amended Complaint, Defendant's response to the Amended Complaint shall be due within 14 days of the Amended Complaint being filed. Signed by Senior Judge Charlene Edwards Honeywell on 1/27/2026. (JDE)
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| Filing 16 RESPONSE to Motion re #5 MOTION to Dismiss for Failure to State a Claim (Counts II, III, and IV) filed by Adam Michael Duff, Kelley Elizabeth McKell-Duff. (Gruman, Perry) |
| Filing 15 NOTICE of Lead Counsel Designation by Perry G. Gruman on behalf of Adam Michael Duff, Kelley Elizabeth McKell-Duff. Lead Counsel: Ross Mabery. (Gruman, Perry) |
| Filing 14 NOTICE to ALL Counsel 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). (JVC) |
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Filing 13
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/23/2026; Joinder of Parties due by 2/23/2026; Discovery due by 7/3/2026; Dispositive motions due by 8/4/2026; Pretrial statement due by 11/17/2026; All other motions due by 11/17/2026; Plaintiff disclosure of expert report due by 4/27/2026; Defendant disclosure of expert report due by 5/26/2026. Final Pretrial Conference set for 12/15/2026 at 3:00 PM in Tampa Courtroom 13A before Senior Judge Charlene Edwards Honeywell. Trial set for term commencing 1/4/2027 at 9:00 AM in Tampa Courtroom 13A before Senior Judge Charlene Edwards Honeywell. Conduct mediation hearing by 6/5/2026. Lead counsel to coordinate dates. Signed by Senior Judge Charlene Edwards Honeywell on 12/23/2025. (JDE)
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Filing 12
ORDERED: To the extent Plaintiffs oppose Defendant's #5 Motion to Dismiss, Plaintiffs Adam Michael Duff and Kelley Elizabeth McKell-Duff are directed to file a response to #5 MOTION to Dismiss for Failure to State a Claim (Counts II, III, and IV), within 14 days. Plaintiffs' responses due by 1/5/2026. Signed by Senior Judge Charlene Edwards Honeywell on 12/22/2025. (JDE)
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| Filing 11 CASE MANAGEMENT REPORT. (Mabery, Ross) |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Adam Michael Duff, Kelley Elizabeth McKell-Duff. Related case(s): No (Mabery, Ross) |
| Filing 9 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Adam Michael Duff. (Mabery, Ross) |
| Filing 8 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Kelley Elizabeth McKell-Duff. (Mabery, Ross) |
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Filing 7
ENDORSED ORDER granting Defendant's #6 Unopposed Motion for Extension of Time to Answer Count I of the Complaint. No later than 14 days after the Court's disposition of Defendant's pending motion to dismiss (#5), Defendant shall answer the Complaint. See Winsey v. Nationstar Mortg. LLC, 2017 WL 2812700, at *2 (M.D. Fla. June 29, 2017) ("If a defendant files a motion under Rule 12, the defendant is not required to serve its responsive pleading until 14 days after the Court denies or postpones ruling on the motion.") (citing Fed. R. Civ. P. 12(a)(4)(A)); Patrick v. United States, 2018 WL 3559203, at *7 (S.D. Ala. July 6, 2018), report and recommendation adopted, 2018 WL 3559182 (S.D. Ala. July 24, 2018) (indicating that, in a matter involving a partial 12(b)(6) motion to dismiss, Rule 12(a)(4)(A) still applies and "alters the time to serve a responsive pleading," including to enable a party to receive an extension to file such a pleading addressing "any remaining issues" after the court resolves the partial motion to dismiss). Signed by Magistrate Judge Christopher P. Tuite on 11/13/2025. (TC)
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| Filing 6 Unopposed MOTION for Extension of Time to File Answer to Count I of the Complaint by Nationstar Mortgage LLC. (Hayes, Alec) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 5 PARTIAL MOTION to Dismiss for Failure to State a Claim (Counts II, III, and IV) by Nationstar Mortgage LLC. (Attachments: #1 Exhibit Promissory Note)(Hayes, Alec) Modified on 11/13/2025 to edit docket text (JDR). |
| Filing 4 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). (CAB) |
| Filing 3 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 file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -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. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (CAB) |
| Filing 2 NEW CASE ASSIGNED to Senior Judge Charlene Edwards Honeywell and Magistrate Judge Christopher P. Tuite. New case number: 8:25-cv-3039-CEH-CPT. (ARL) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from CIRCUIT COURT OF THE 6TH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA, case number 25-004775-CI filed in State Court on 08/27/25. Filing fee $405, receipt number AFLMDC-24084089 filed by NATIONSTAR MORTGAGE LLC d/b/a MR. COOPER. (Attachments: #1 State Court COMPLAINT Exhibit A, #2 State Court Other Documents Exhibit B, #3 Exhibit Exhibit C, #4 State Court Docket Sheet, #5 Civil Cover Sheet)(Hayes, Alec) |
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