EATON et al v. THE BANK OF NEW YORK MELLON
| Suzanne Eaton and MARK EATON |
| THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS ASSET-BACKED CERTIFICATES TRUST 2005-16, THE BANK OF NEW YORK MELLON and THE BANK OF NEW YORK |
| 3:2021cv00251 |
| February 15, 2021 |
| US District Court for the Northern District of Florida |
| M CASEY RODGERS |
| ELIZABETH M TIMOTHY |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 44
ORDER. Plaintiff's Motion to Remand, ECF No. #4 , is DENIED. Defendant's Motion to Set Aside Clerk's Default and Motion to Quash Service of Process, ECF No. #17 , is GRANTED. The return of service on Defendant is QUASHED, and the default entered by the clerk of the state court is VACATED. The Plaintiffs' motions for a stay pending discovery, ECF Nos. #19 and #29 , are DENIED. All requests for judicial notice are GRANTED. Plaintiffs' Motion for Final Summary Judgment After Default, ECF No. #1 -1 at 49, and Motion to Strike, ECF No. #20 , are DENIED as MOOT. The Initial Scheduling Order is VACATED. A new scheduling order will be entered after proper service and the filing of a response to the Complaint. Plaintiffs have thirty days to properly effect service. Absent proof of service filed on or before May 11, 2021, the case will be dismissed. (Deadline to file proof of service - 5/10/2021.) Signed by JUDGE M CASEY RODGERS on 4/9/2021. (alb)
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Filing 43
ORDER re #40 Objection to Pre-Trial Schedule. The motion is GRANTED. The Court agrees that the Initial Scheduling Order, ECF No. #3 , was entered prematurely, and therefore, all deadlines and discovery are STAYED pending resolution of the Motion to Set Aside Default, Motion to Quash Service of Process, and Motion to Remand. Signed by JUDGE M CASEY RODGERS on 4/2/2021. (alb)
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| Filing 42 NOTICE of BONYM's Motion to Quash in Wilson Case by MARK EATON re #4 MOTION to Remand to State Court (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 41 NOTICE of Supplemental Authority by MARK EATON re #4 MOTION to Remand to State Court (Attachments: #1 Exhibit) (SEGAL, LEE) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of DISTRICT JUDGE M CASEY RODGERS notified that action is needed Re: #40 objection to Pre-Trial Schedule. (alb) Modified on 4/1/2021 to reflect the correct judge (alb). |
| Filing 40 RESPONSE by THE BANK OF NEW YORK MELLON re #3 Scheduling Order, BoNYM's Objection to Pre-Trial Schedule. (WALKER, CHRISTOPHER) |
| Filing 39 NOTICE of BONYM's Motion to Quash in Cook Case by MARK EATON re #4 MOTION to Remand to State Court (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 38 NOTICE Supplemental Authority by THE BANK OF NEW YORK MELLON (Attachments: #1 Exhibit A) (WALKER, CHRISTOPHER) |
| Filing 37 NOTICE of Untimely Removals to Avoid Evidentiary Hearings by MARK EATON re #32 Response in Opposition to Motion, (SEGAL, LEE) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #36 Notice of Supplemental Authority. (alb) |
| Filing 36 NOTICE of Supplemental Authority by MARK EATON re #4 MOTION to Remand to State Court (Attachments: #1 Exhibit, #2 Exhibit) (SEGAL, LEE) |
| Filing 35 RESPONSE in Opposition re #29 MOTION to Stay Adjudication of Any Service Issue Pending Discovery from CT, #17 MOTION to Vacate Memorandum Supporting Motion to Vacate Clerk's Defaut filed by THE BANK OF NEW YORK MELLON. (Attachments: #1 Exhibit A) (WALKER, CHRISTOPHER) |
| Filing 34 Plaintiff's Notice of Filing Updated Version of Halow Affidavit, re #4 MOTION to Remand to State Court, by MARK EATON. (Attachments: #1 Exhibit) (SEGAL, LEE) Modified on 3/17/2021 (alb). |
| Filing 33 Plaintiff's Notice of Filing Second Updated Version of Halow Affidavit, re #29 MOTION to Stay Adjudication of Any Service Issue Pending Discovery from CT, by MARK EATON. (Attachments: #1 Exhibit) (SEGAL, LEE) Modified on 3/17/2021 (alb). |
| Filing 32 Bonym's Opposition to #29 MOTION to Stay and Compel Non-Party Discovery, re #17 MOTION to Vacate Memorandum Supporting Motion to Vacate Clerk's Default, filed by THE BANK OF NEW YORK MELLON. (WALKER, CHRISTOPHER) Modified on 3/17/2021 (alb). |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #35 Response in Opposition to [29 Motion to Stay, #32 Response in Opposition to #29 MOTION to Stay Adjudication of Any Service Issue Pending Discovery from CT. (alb) |
| Filing 31 NOTICE Supplemental Authority by THE BANK OF NEW YORK MELLON (Attachments: #1 Exhibit A) (WALKER, CHRISTOPHER) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #31 BONYM'S NOTICE OF SUPPLEMENTAL AUTHORITY. (alb) |
| Set Deadlines/Hearings re #29 Motion to Stay Adjudication. (Internal deadline for referral to judge if response not filed earlier: 3/23/2021). (alb) |
| Filing 30 Please disregard, filed in wrong case. MOTION to Stay Adjudication of Any Service Issue Pending Discovery from CT by MARK EATON. (SEGAL, LEE) Modified on 3/9/2021 (alb). |
| Filing 29 MOTION to Stay Adjudication of Any Service Issue Pending Discovery from CT by MARK EATON. (SEGAL, LEE) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #28 BONYMS Notice of Supplemental Authority. (alb) |
| Filing 28 NOTICE BoNYM's Notice of Supplemental Authority by THE BANK OF NEW YORK MELLON re #22 Response in Opposition to Motion, #17 MOTION to Vacate Memorandum Supporting Motion to Vacate Clerk's Defaut (Attachments: #1 Exhibit A) (WALKER, CHRISTOPHER) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #17 MOTION to Vacate Memorandum Supporting Motion to Vacate Clerk's Default, #20 MOTION to Strike, #24 Response in Opposition to Motion. #19 MOTION to Stay Adjudication of Service Issues Pending Deposition and Motion to Compel Deposition, #25 Response in Opposition to Motion, #26 Notice of Supplemental Authority by SUZANNE EATON re 4 MOTION to Remand to State Court (Attachments: # 1 Exhibit). (alb) |
| Filing 27 NOTICE of Santucci Affidavit Admitting Merger by MARK EATON (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 26 NOTICE of Supplemental Authority by SUZANNE EATON re #4 MOTION to Remand to State Court (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 25 RESPONSE in Opposition re #19 MOTION to Stay Adjudication of Service Issues Pending Deposition and Motion to Compel Deposition filed by THE BANK OF NEW YORK MELLON. (Attachments: #1 Exhibit A, #2 Exhibit B) (WALKER, CHRISTOPHER) |
| Filing 24 RESPONSE in Opposition re #20 MOTION to Strike #17 MOTION to Vacate Memorandum Supporting Motion to Vacate Clerk's Defaut filed by THE BANK OF NEW YORK MELLON. (WALKER, CHRISTOPHER) |
| Filing 23 NOTICE of Supplemental Authority by THE BANK OF NEW YORK MELLON. Re: #17 Motion to Vacate Memorandum Supporting Motion to Vacate, #4 Motion to Remand to State Court. (Attachments: #1 Exhibits) (WALKER, CHRISTOPHER) Modified on 3/2/2021 to add links (alb). |
| Set Deadlines/Hearings re #19 Motion to Stay. (Internal deadline for referral to judge if response not filed earlier: 3/16/2021). (alb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #17 MOTION to Vacate Memorandum Supporting Motion to Vacate Clerk's Default, #22 RESPONSE in Opposition re #4 MOTION to Remand to State Court, #23 NOTICE of Supplemental Authority by THE BANK OF NEW YORK MELLON. (alb) |
| Filing 22 RESPONSE in Opposition re #4 MOTION to Remand to State Court filed by THE BANK OF NEW YORK MELLON. (WALKER, CHRISTOPHER) |
| Filing 21 Request Judicial Notice of Aviram Case by MARK EATON, SUZANNE EATON. (SEGAL, LEE) |
| Filing 20 MOTION to Strike #17 MOTION to Vacate Memorandum Supporting Motion to Vacate Clerk's Defaut by MARK EATON, SUZANNE EATON. (Internal deadline for referral to judge if response not filed earlier: 3/15/2021). (SEGAL, LEE) |
| Filing 19 MOTION to Stay Adjudication of Service Issues Pending Deposition and Motion to Compel Deposition by MARK EATON, SUZANNE EATON. (SEGAL, LEE) |
| Filing 18 NOTICE of Supplemental Authority by MARK EATON, SUZANNE EATON (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Set Deadlines/Hearings re #17 Motion to Set Aside Clerk's Default. (Internal deadline for referral to judge if response not filed earlier: 3/12/2021). (alb) |
| Filing 17 MOTION to Vacate Memorandum Supporting Motion to Vacate Clerk's Defaut by THE BANK OF NEW YORK MELLON. (Attachments: #1 Exhibits) (WALKER, CHRISTOPHER) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #16 Plaintiffs' Second Amended Response to Motion to Quash and Incorporated Memorandum of Law. (alb) |
| Filing 16 Plaintiffs' Second Amended Response to Motion to Quash and Incorporated Memorandum of Law, re #4 MOTION to Remand to State Court filed by MARK EATON, SUZANNE EATON. (SEGAL, LEE) Modified on 2/24/2021 to match title of document (alb). |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #15 Response in Opposition to (Motion to Set aside Clerks Default, Motion to Quash Service of Process, and Opposition to Summary Judgment.) (alb) Modified on 2/24/2021 to correct entry (alb). |
| Filing 15 Amended RESPONSE in Opposition re #4 MOTION to Remand to State Court filed by MARK EATON, SUZANNE EATON. (SEGAL, LEE) Modified on 2/24/2021 to reflect "Amended" (alb). |
| Filing 14 Plaintiffs' RESPONSE in Opposition re #4 MOTION to Remand to State Court filed by MARK EATON, SUZANNE EATON. (SEGAL, LEE) Modified on 2/24/2021 (alb). |
| Filing 13 Amended Corporate Disclosure Statement/Certificate of Interested Persons by THE BANK OF NEW YORK MELLON identifying Corporate Parent THE BANK OF NEW YORK MELLON CORPORATION for THE BANK OF NEW YORK MELLON.. (WALKER, CHRISTOPHER) Modified on 2/19/2021to add "Amended" (alb). |
| Filing 12 Corporate Disclosure Statement/Certificate of Interested Persons by THE BANK OF NEW YORK MELLON identifying Corporate Parent THE BANK OF NEW YORK MELLON CORPORATION for THE BANK OF NEW YORK MELLON.. (WALKER, CHRISTOPHER) |
| Filing 11 Notice of Filing Affidavit of Lee Segal re #4 MOTION to Remand to State Court of Lee Segal filed by MARK EATON, SUZANNE EATON. (Attachments: #1 Exhibit) (SEGAL, LEE) Modified on 2/18/2021 to match title of document (alb). |
| Filing 10 Request for Judicial Notice of Broward Case by MARK EATON, SUZANNE EATON (Attachments: #1 Exhibit) (SEGAL, LEE) Modified on 2/18/2021 to match title of document (alb). |
| Filing 9 Request for Judicial Notice of BONYM Service Challenges by MARK EATON, SUZANNE EATON (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (SEGAL, LEE) Modified on 2/18/2021 to match title of document (alb). |
| Filing 8 Request for Judicial Notice of BONYM Court Filings by MARK EATON, SUZANNE EATON (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (SEGAL, LEE) Modified on 2/18/2021 to match title of document (alb). |
| Filing 7 Notice of Filing of Affidavit of Darrin Mish, re #4 MOTION to Remand to State Court, filed by MARK EATON, SUZANNE EATON. (Attachments: #1 Affidavit) (SEGAL, LEE) Modified on 2/18/2021 to match title of document (alb). |
| Filing 6 Request for Judicial Notice of BONYM SEC Filings, by MARK EATON, SUZANNE EATON (Attachments: #1 Exhibit, #2 Exhibit) (SEGAL, LEE) Modified on 2/18/2021 to match title of document (alb). |
| Filing 5 Request for Judicial Notice of BONY Annual Reports from 1995-2020 by MARK EATON, SUZANNE EATON (Attachments: #1 Exhibit) (SEGAL, LEE) Modified on 2/18/2021 to match title of document (alb). |
| Filing 4 MOTION to Remand to State Court by MARK EATON, SUZANNE EATON. (SEGAL, LEE) |
| Set Deadlines/Hearings re #4 Motion for Remand. (Internal deadline for referral to judge if response not filed earlier: 3/4/2021). (alb) |
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Filing 3
VACATED per #44 Order, INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 3/2/2021. Rule 26 Meeting Report due by 4/1/2021. Discovery due by 8/16/2021. Signed by JUDGE M CASEY RODGERS on 2/16/2021. (alb) Modified on 4/9/2021 (alb).
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #1 Notice of Removal. (alb) |
| Filing 2 CIVIL COVER SHEET. (WALKER, CHRISTOPHER) |
| Filing 1 NOTICE OF REMOVAL by THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS ASSET-BACKED CERTIFICATES TRUST 2005-16 from First Judicial Circuit, Santa Rosa County, FL, case number 2020-CA-000454. ( Filing fee $ 402 receipt number AFLNDC-5941586.), filed by THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS ASSET-BACKED CERTIFICATES TRUST 2005-16. (Attachments: #1 Exhibit A, #2 Exhibit B) (WALKER, CHRISTOPHER) |
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