US Income Partners, LLC v. CH Realty X-Hilltop MF Tampa Mystic Pointe Holdings, L.L.C. et al
| US Income Partners, LLC |
| Acore Capital Mortgage, LP, JLL Real Estate Capital, LLC, Cypress Pointe FL Holdings, LLC, Mystic Pointe FL, LLC and CH Realty X-Hilltop MF Tampa Mystic Pointe, LLC |
| 8:2026cv00591 |
| March 5, 2026 |
| U.S. District Court for the Middle District of Florida |
| Sean P Flynn |
| Kathryn Kimball Mizelle |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 30, 2026. A more recent docket listing may be available from PACER.
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| Filing 79 REQUEST for oral argument re #56 MOTION to Dismiss for Failure to State a Claim by Acore Capital Mortgage, LP. (Chronis, Paul) |
| Filing 78 REPLY to Response to Motion re #54 MOTION to Dismiss First Amended Complaint Under FRCP 12(B)(6) filed by JLL Real Estate Capital, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhbit B)(Gleason, Michael) |
Filing 77
ENDORSED ORDER granting the #76 motion to file a reply. No later than July 25, 2026, JLL Real Estate Capital, LLC, may file a reply no longer than seven pages in length. Signed by Judge Kathryn Kimball Mizelle on 7/9/2026. (MLR)
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| Filing 76 MOTION for Leave to File Reply in Support of Motion to Dismiss Plaintiff's First Amended Complaint by JLL Real Estate Capital, LLC. (Gleason, Michael) |
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Filing 75
ENDORSED ORDER granting #74 Plaintiff's Unopposed Motion to Withdraw as Attorney. Attorney Meaghan Gragg is terminated as counsel of record for Plaintiff US Income Partners, LLC and relieved of any further responsibility in this matter. Attorneys Jeremy Schulman and Konshik Bhattacharya to remain counsel of record for Plaintiff. Signed by Magistrate Judge Sean P. Flynn on 7/1/2026. (ACS)
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| Filing 74 Unopposed MOTION for Meaghan Gragg to Withdraw as Attorney by US Income Partners, LLC. (Gragg, Meaghan) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 73 RESPONSE in Opposition re #54 MOTION to Dismiss First Amended Complaint Under FRCP 12(B)(6) filed by US Income Partners, LLC. (Schulman, Jeremy). |
| Filing 72 RESPONSE in Opposition re #55 MOTION to Dismiss for Failure to State a Claim filed by US Income Partners, LLC. (Schulman, Jeremy). |
| Filing 71 RESPONSE in Opposition re #56 MOTION to Dismiss for Failure to State a Claim filed by US Income Partners, LLC. (Schulman, Jeremy) |
| Filing 70 NOTICE by US Income Partners, LLC Of Service of Initial Disclosures Pursuant to Fed. R. Civ. P. 26(A)(1) (Schulman, Jeremy) |
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Filing 69
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 10/25/2027. Dispositive motions due by 11/22/2027. Pretrial Conference set for 4/13/2028 at 10:00 AM in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Jury Trial scheduled for the May 2028 trial calendar in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Conduct mediation by 1/10/2028. Lead counsel to coordinate dates. Signed by Judge Kathryn Kimball Mizelle on 6/5/2026. (MLR)
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| Filing 68 CASE MANAGEMENT REPORT. (Schulman, Jeremy) |
| Filing 67 NOTICE of a related action per Local Rule 1.07(c) by US Income Partners, LLC. Related case(s): Yes (Schulman, Jeremy) |
| Filing 66 SUPPLEMENT Local Rule 3.01(g) Certificate for ACORE Capital Mortgage, LP's Motion to Seal and for Partial In Camera Review [D.E. 57] by Acore Capital Mortgage, LP. (Goncalves, Carolina) |
| Filing 65 ACORE Capital Mortgage LP's SEALED DOCUMENT Certificate of Interested Persons and Corporate Disclosure Statement re #59 Sealed Order on Motion to Seal by Acore Capital Mortgage, LP (Goncalves, Carolina). |
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Filing 64
ENDORSED ORDER granting #63 Motion for Extension of Time. The plaintiff must respond to the motions to dismiss no later than June 30, 2026. Signed by Judge Kathryn Kimball Mizelle on 5/22/2026. (MLR)
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| Filing 63 Unopposed MOTION for Extension of Time to File Response/Reply as to #56 MOTION to Dismiss for Failure to State a Claim , #54 MOTION to Dismiss First Amended Complaint Under FRCP 12(B)(6), #55 MOTION to Dismiss for Failure to State a Claim by US Income Partners, LLC. (Schulman, Jeremy) |
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Filing 62
ENDORSED ORDER granting [60, 61] CH Realty's Unopposed Motions to Appear Pro Hac Vice. Attorneys David Swanson and M. Taylor Levesque may appear pro hac vice on behalf of Defendant CH Realty. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing registration requirements of Local Rule 2.01(c)(5), if they have not already done so. Signed by Magistrate Judge Sean P. Flynn on 5/21/2026. (ACS)
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| Filing 61 Unopposed MOTION for M. Taylor Levesque to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24989481 for $150 by CH Realty X-Hilltop MF Tampa Mystic Pointe Holdings, L.L.C., CH Realty X-Hilltop MF Tampa Mystic Pointe, LLC. (Brotman, Steven) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 60 Unopposed MOTION for David L. Swanson to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24989375 for $150 by CH Realty X-Hilltop MF Tampa Mystic Pointe Holdings, L.L.C., CH Realty X-Hilltop MF Tampa Mystic Pointe, LLC. (Brotman, Steven) Motions referred to Magistrate Judge Sean P. Flynn. |
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Filing 59
ORDER granting #57 granting Defendant Acore Capital Mortgage, LP's Motion to Seal. Signed by Magistrate Judge Sean P. Flynn on 5/20/2026. (ACS)
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Filing 58
ENDORSED ORDER: The parties shall meet and file a Case Management Report using the standard form on the Court's website no later than May 29, 2026. Signed by Judge Kathryn Kimball Mizelle on 5/20/2026. (MLR)
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| Filing 57 ACORE Capital Mortgage LP's MOTION to file DOCUMENT Certificate of Interested Persons and Corporate Disclosure Statement under seal by Acore Capital Mortgage, LP (Attachments: #1 Proposed Sealed Item Acore's Certificate of Interested Persons and Corporate Disclosure Statement)(Goncalves, Carolina).Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 56 MOTION to Dismiss for Failure to State a Claim by Acore Capital Mortgage, LP. (Goncalves, Carolina) |
| Filing 55 MOTION to Dismiss for Failure to State a Claim by CH Realty X-Hilltop MF Tampa Mystic Pointe, LLC. (Attachments: #1 Exhibit 1 - Certified Copy of Special Warranty Deed)(Brotman, Steven) |
| Filing 54 MOTION to Dismiss First Amended Complaint Under FRCP 12(B)(6) by JLL Real Estate Capital, LLC. (Gleason, Michael) |
| Filing 53 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Cypress Pointe FL Holdings, LLC, Mystic Pointe FL, LLC. (Attachments: #1 Exhibit 1)(Cook, William) |
| Filing 52 NOTICE of Appearance by Christopher W. Smart on behalf of CH Realty X-Hilltop MF Tampa Mystic Pointe, LLC (Smart, Christopher) |
| Filing 51 NOTICE of Appearance by Scott D. Feather on behalf of CH Realty X-Hilltop MF Tampa Mystic Pointe, LLC (Feather, Scott) |
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Filing 50
ENDORSED ORDER granting #49 Unopposed Motion to Appear Pro Hac Vice. Attorney Michael Gleason may appear pro hac vice on behalf of Defendant JLL Real Estate Capital LLC. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing registration requirements of Local Rule 2.01(c)(5), if he has not already done so. Signed by Magistrate Judge Sean P. Flynn on 5/13/2026. (ACS)
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Filing 48
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Each party that has not already done so must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 5/13/2026. (MLR)
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| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-24943861 for $150 paid. Special Admission for Non-Resident Attorney Michael J. Gleason. (Levine, Stuart) |
| Filing 49 MOTION for Michael J. Gleason to appear pro hac vice by JLL Real Estate Capital, LLC. (eportal) (MCB) Motions referred to Magistrate Judge Sean P. Flynn. |
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Filing 47
ENDORSED ORDER: As required by Local Rule 3.03, Defendants Cypress Pointe FL Holdings, LLC and Mystic Pointe FL, LLC must file a Certificate of Interested Persons and Corporate Disclosure Statement identifying parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Cypress Pointe FL Holdings, LLC and Mystic Pointe FL, LLC must file the foregoing by using form available on the undersigned's website under the "forms" tab no later than May 19, 2026. Signed by Judge Kathryn Kimball Mizelle on 5/12/2026. (MLR)
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Filing 46
ENDORSED ORDER: Upon review, the Court DIRECTS Defendant Acore Capital Mortgage, LP to file an amended disclosure statement that identifies the information necessary to determine its citizenship. Defendant must file the amended disclosure using the updated form available on the undersigned's website no later than May 19, 2026. Signed by Judge Kathryn Kimball Mizelle on 5/12/2026. (MLR)
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| Filing 45 NOTICE of Lead Counsel Designation by Stuart Jay Levine on behalf of JLL Real Estate Capital, LLC. Lead Counsel: Stuart Jay Levine. (Levine, Stuart) |
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Filing 44
ENDORSED ORDER: In the light of the #43 Amended Complaint, the #33 Motion to Dismiss is DENIED as moot. Signed by Judge Kathryn Kimball Mizelle on 5/6/2026. (MLR)
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| Filing 43 AMENDED COMPLAINT against Acore Capital Mortgage, LP, CH Realty X-Hilltop MF Tampa Mystic Pointe Holdings, L.L.C., Cypress Pointe FL Holdings, LLC, JLL Real Estate Capital, LLC, Mystic Pointe FL, LLC with Jury Demand. filed by US Income Partners, LLC. Related document: #1 Complaint filed by US Income Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Schulman, Jeremy) |
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Filing 42
ENDORSED ORDER granting the #39 Motion for Extension of Time. JLL must file a response in this action no later than fourteen days after the date that U.S. Income Partners amends its complaint. Signed by Judge Kathryn Kimball Mizelle on 5/4/2026. (MLR)
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| Filing 41 SECOND DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by JLL Real Estate Capital, LLC. (Levine, Stuart) Modified on 5/4/2026 to edit docket text. (AR) |
| Filing 40 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by JLL Real Estate Capital, LLC. (Levine, Stuart) |
| Filing 39 Joint MOTION for Extension of Time to File Answer re #1 Complaint by JLL Real Estate Capital, LLC. (Levine, Stuart) |
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Filing 38
ENDORSED ORDER: The #35 Joint Motion for an Extension of Time is GRANTED. CH Realty must file a response in this action no later than fourteen days after the date that U.S. Income Partners amends its complaint. Signed by Judge Kathryn Kimball Mizelle on 4/29/2026. (MLR)
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Filing 37
ORDER granting in part #31 Defendant CH Realty's unopposed Motion to Seal. Signed by Magistrate Judge Sean P. Flynn on 4/29/2026. (ACS)
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Filing 36
ENDORSED ORDER: The Court has reviewed the #31 motion and in-camera review of the [31-1] proposed disclosure and has determined that CH Realty's presence in this action does not raise diversity concerns that would deprive the Court of jurisdiction nor does CH Realty's disclosure create a conflicts issue with the undersigned. The Court REFERS the #31 motion seeking to permanently seal a portion of the proposed disclosure to the Magistrate Judge to determine whether filing under seal complies with the Federal Rules of Civil Procedure and the Local Rules and the length of that seal. Signed by Judge Kathryn Kimball Mizelle on 4/28/2026. (MLR)
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| Filing 35 Joint MOTION for Extension of Time to File Answer re #1 Complaint by CH Realty X-Hilltop MF Tampa Mystic Pointe Holdings, L.L.C. (Brotman, Steven) Modified on 4/28/2026 as to docket text (LJC). |
| Filing 34 SUPPLEMENT re #30 Disclosure Statement - LR 3.03 and FRCP 7.1 by CH Realty X-Hilltop MF Tampa Mystic Pointe Holdings, L.L.C. (Brotman, Steven) Modified text on 4/28/2026 (LAW). |
| Filing 33 MOTION to Dismiss for Failure to State a Claim by Acore Capital Mortgage, LP. (Goncalves, Carolina) |
| Filing 32 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Acore Capital Mortgage, LP. (Goncalves, Carolina) |
| Filing 31 MOTION to file DOCUMENT Disclosure Statement (Civil) Under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 under seal by CH Realty X-Hilltop MF Tampa Mystic Pointe Holdings, L.L.C. (Attachments: #1 Proposed Sealed Item Disclosure Statement (Civil), #2 Text of Proposed Order)(Brotman, Steven).Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 30 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by CH Realty X-Hilltop MF Tampa Mystic Pointe Holdings, L.L.C.. (Brotman, Steven) |
| Filing 29 NOTICE of Appearance by William J. Cook on behalf of Cypress Pointe FL Holdings, LLC, Mystic Pointe FL, LLC (Cook, William) |
| Filing 28 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by US Income Partners, LLC identifying Corporate Parent U.S. Assistance Fund, Inc. for US Income Partners, LLC. (Schulman, Jeremy) Modified on 4/15/2026 to edit docket text. (AR) |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-24756229 for $150 paid. Special Admission for Non-Resident Attorney Paul E. Chronis. (Chronis, Paul) Modified docket entry relationship on 4/10/2026 (BD). |
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Filing 27
ENDORSED ORDER: Plaintiff's #2 Corporate Disclosure Statement fails to meet the standards this Court requires to effectively screen cases for potential conflicts. The Court requires parties to disclose ownership however small of a party's shares or stock, not simply those whose ownership constitutes 10% or more. Plaintiff must file a new statement using the form available on the undersigned's website by April 17, 2026. Signed by Judge Kathryn Kimball Mizelle on 4/9/2026. (MLR)
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| Filing 26 NOTICE TO COUNSEL Paul Chronis Local Rule 2.01(c), Special Admission - Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details. (Signed by Deputy Clerk). (TDC) |
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Filing 25
ENDORSED ORDER granting #24 Defendant Acore Capital Mortgage, LP's Unopposed Motion to Appear Pro Hac Vice. Attorney Paul Chronis may appear pro hac vice on behalf of Defendant Acore Capital Mortgage, LP. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing registration requirements of Local Rule 2.01(c)(5), if he has not already done so. Signed by Magistrate Judge Sean P. Flynn on 4/8/2026. (ACS)
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| Filing 24 MOTION for Paul E. Chronis to appear pro hac vice by Acore Capital Mortgage, LP. (eportal) (MCB) Motions referred to Magistrate Judge Sean P. Flynn. |
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Filing 23
ENDORSED ORDER: The Court GRANTS IN PART and DENIES IN PART the #22 Motion for Extension of Time. CH Realty must file its corporate disclosure form no later than April 21, 2026. CH Realty must respond to the complaint no later than May 1, 2026. The Court notes that the undersigned requires parties to file the corporate disclosure statement available on the undersigned's website under the "forms" tab. Signed by Judge Kathryn Kimball Mizelle on 3/30/2026. (MLR)
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| Filing 22 Unopposed MOTION for Extension of Time to File Answer or Response to Complaint and File Disclosure Statement by CH Realty X-Hilltop MF Tampa Mystic Pointe Holdings, L.L.C. (Brotman, Steven) Modified text on 3/30/2026 (MGB). |
| Filing 21 NOTICE of Lead Counsel Designation by Steven Joseph Brotman on behalf of CH Realty X-Hilltop MF Tampa Mystic Pointe Holdings, L.L.C.. Lead Counsel: Steven J. Brotman. (Brotman, Steven) |
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Filing 20
ENDORSED ORDER: The Court GRANTS the #19 Motion for Extension of Time. Defendant Acore Capital Mortgage must respond to the complaint and file a corporate disclosure statement no later than April 21, 2026. The Court notes that the undersigned requires parties to file the corporate disclosure statement available on the undersigned's website under the "forms" tab. Signed by Judge Kathryn Kimball Mizelle on 3/25/2026. (MLR)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response to Complaint and Corporate and Civil Disclosure Statements by Acore Capital Mortgage, LP. (Shaikh, Anoosheh) |
| Filing 18 NOTICE of Lead Counsel Designation by Anoosheh Shaikh on behalf of Acore Capital Mortgage, LP. Lead Counsel: Paul E. Chronis, Esq. (Shaikh, Anoosheh) |
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Filing 17
ENDORSED ORDER granting [15, 16] Plaintiff US Income Partners, LLC's Motions to Appear Pro Hac Vice. Attorneys Jeremy Schulman and Koushik Bhattacharya may appear pro hac vice on behalf of Plaintiff. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing registration requirements of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 3/23/2026. (ACS)
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| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-24650791 for $150 paid. Special Admission for Non-Resident Attorney Koushik Bhattacharya. (Bhattacharya, Koushik) |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-24650488 for $150 paid. Special Admission for Non-Resident Attorney Jeremy Schulman. (Schulman, Jeremy) |
| Filing 16 MOTION for Miscellaneous Relief, specifically for Special Admission to Represent Plaintiff US Income Partners, LLC by US Income Partners, LLC. (Bhattacharya, Koushik) |
| Filing 15 MOTION for Miscellaneous Relief, specifically for Special Admission to Represent Plaintiff US Income Partners, LLC by US Income Partners, LLC. (Schulman, Jeremy) |
| Filing 14 NOTICE of Lead Counsel Designation by Meaghan Christina Gragg on behalf of US Income Partners, LLC. Lead Counsel: Jeremy W. Schulman. (Gragg, Meaghan) |
| Filing 13 RESPONSE re 4 Order to Show Cause filed by US Income Partners, LLC. (Gragg, Meaghan) |
| Filing 12 RETURN of service executed on 03/12/2026 by US Income Partners, LLC as to Mystic Pointe FL, LLC. (Gragg, Meaghan) |
| Filing 11 RETURN of service executed on 03/12/2026 by US Income Partners, LLC as to Cypress Pointe FL Holdings, LLC. (Gragg, Meaghan) |
| Filing 10 RETURN of service executed on 03/10/2026 by US Income Partners, LLC as to Acore Capital Mortgage, LP. (Gragg, Meaghan) |
| Filing 9 RETURN of service executed on 03/10/2026 by US Income Partners, LLC as to JLL Real Estate Capital, LLC. (Gragg, Meaghan) |
| Filing 8 RETURN of service executed on 03/10/2026 by US Income Partners, LLC as to CH Realty X-Hilltop MF Tampa Mystic Pointe Holdings, L.L.C.. (Gragg, Meaghan) |
| Filing 7 SUMMONS issued as to Acore Capital Mortgage, LP, CH Realty X-Hilltop MF Tampa Mystic Pointe Holdings, L.L.C., Cypress Pointe FL Holdings, LLC, JLL Real Estate Capital, LLC, Mystic Pointe FL, LLC. (JG) |
| Filing 6 NOTICE TO ALL COUNSELS 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). (JG) |
| Filing 5 NOTICE TO COUNSEL Meaghan Christina Gragg 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). (JG) |
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Filing 4
ENDORSED ORDER: Plaintiffs are ORDERED to show cause, no later than March 20, 2026, and in a brief no longer than ten pages, why this Court has subject-matter jurisdiction under 28 U.S.C. 1332. Cypress Pointe FL Holdings, LLC, and Mystic Pointe FL, LLC appear to be, like Plaintiff, citizens of New York. See Compl. (Doc. 1) 16, 20-21. Plaintiffs must explain why these parties should be considered nominal defendants. See Thermoset Corp. v. Building Materials Corp. of Am., 849 F.3d 1313, 1317 (citation modified) (noting that the tests for nominal parties include whether a party is "neither necessary nor indispensable to the action," and "whether in the absence of the defendant, the Court can enter a final judgment consistent with equity and good conscience which would not be in any way unfair or inequitable to plaintiff.") Signed by Judge Kathryn Kimball Mizelle on 3/6/2026. (MLR)
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| Filing 3 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Sean P. Flynn. New case number: 8:26-cv-591-KKM-SPF. (ARL) |
| Filing 2 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by US Income Partners, LLC identifying Corporate Parent None for US Income Partners, LLC.. (Gragg, Meaghan) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $405 receipt number AFLMDC-24570140) filed by US Income Partners, LLC. (Attachments: #1 Exhibit A - Special Warranty Deed, #2 Exhibit B - Land Records, #3 Exhibit C - Note, #4 Exhibit D - CP OA, #5 Exhibit E - Guaranty Agreement, #6 Civil Cover Sheet, #7 Proposed Summons Acore Capital, #8 Proposed Summons CH Realty, #9 Proposed Summons Cypress Pointe, #10 Proposed Summons JLL Real Estate Capital, #11 Proposed Summons Mystic Pointe)(Gragg, Meaghan) |
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