JACARANDA LLC v. BANK OF NEW YORK MELLON
| JACARANDA, LLC, AS TRUSTEE OF THE 1427 EMERALD HILL WAY LAND TRUST and JACARANDA LLC |
| BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE ALTERNATIVE LOAN TRUST 2006-6CB, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-6CB, THE BANK OF NEW YORK AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE ALTERNATIVE LOAN TRUST, BANK OF NEW YORK MELLON and BANK OF NEW YORK AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE ALTERNATIVE LOAN TRUST |
| 4:2021cv00083 |
| February 3, 2021 |
| U.S. District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| WILLIAM STAFFORD |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 38
ORDER GRANTING PLAINTIFF'S MOTION TO REMAND - Plaintiff's motion (ECF No. #7 ) to remand is GRANTED. Plaintiff's request (ECF No. #1 -1 at 297) for judicial notice of BONYM court filings is GRANTED. This action is remanded to the Circuit Court, Second Judicial Circuit of the State of Florida in and for Wakulla County. The clerk shall transmit a certified copy of this order of remand to the Clerk of the Circuit Court in and for Wakulla County. Signed by SENIOR JUDGE WILLIAM STAFFORD on 4/1/2021. (cle) *** Case sent to Second Judicial Circuit ofthe State of Florida in and for Wakulla County. ***
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #37 NOTICE of BONYM's Motion to Quash in Cook Case. (cle) |
| Filing 37 NOTICE of BONYM's Motion to Quash in Cook Case by JACARANDA LLC re #7 MOTION to Remand to State Court (Attachments: #1 Exhibit) (SEGAL, LEE) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #36 Notice Supplemental Authority. (cle) |
| Filing 36 NOTICE Supplemental Authority by BANK OF NEW YORK MELLON (Attachments: #1 Exhibit A) (WALKER, CHRISTOPHER) |
| Filing 35 NOTICE Amending of Related Action by JACARANDA LLC (SEGAL, LEE) |
| Filing 34 NOTICE of Response to Objection to Subpoena by JACARANDA LLC re #32 Response/Reply (SEGAL, LEE) |
| Filing 33 REPORT of Rule 26(f) Planning Meeting. (WALKER, CHRISTOPHER) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #33 Report of Rule 26(f) Planning Meeting. (cle) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: #32 Response and #34 NOTICE of Response to Objection to Subpoena. (cle) |
| ACTION NO LONGER REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #32 Response. (cle) |
| Filing 32 RESPONSE by BANK OF NEW YORK MELLON re #3 Scheduling Order, BoNYM's Objection to Pre-Trial Schedule. (WALKER, CHRISTOPHER) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed Re: #30 Response in Opposition to Motion and #31 Notice of Supplemental Authority. (blb) |
| Filing 31 NOTICE of Supplemental Authority by JACARANDA LLC re #7 MOTION to Remand to State Court (Attachments: #1 Exhibit, #2 Exhibit) (SEGAL, LEE) |
| Filing 30 RESPONSE in Opposition re #5 MOTION to Vacate Default Final Judgment, #7 MOTION to Remand to State Court , #25 MOTION to Stay Adjudication of Any Service Issue Pending Discovery from CT filed by BANK OF NEW YORK MELLON. (Attachments: #1 Exhibit A) (WALKER, CHRISTOPHER) |
| Filing 29 AFFIDAVIT re #7 MOTION to Remand to State Court of Second Updated Version of Halow Affidavit by JACARANDA LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 28 AFFIDAVIT re #25 MOTION to Stay Adjudication of Any Service Issue Pending Discovery from CT of Updated Version of Halow Affidavit by JACARANDA LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) |
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Filing 27
ORDER - Ruling on Plaintiff's motion to stay adjudication of any service issue pending discovery from third party, CT Corporation System, ECF No. #25 , is DEFERRED. Defendant shall have until March 22, 2021, in which to file a response to Plaintiff's motion, ECF No. #25 . Pending a ruling on the instant motion, ECF No. #25 , ruling on the prior motions, ECF No. #5 and #7 , are also DEFERRED. The Clerk of Court shall refer this file upon the filing of Defendant's response, or no later than March 22, 2021. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 3/16/2021. (cle)
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| Set Deadlines - Notify Chambers on 3/22/2021. Response due by 3/22/2021. (cle) |
| Filing 26 NOTICE Supplemental Authority by BANK OF NEW YORK MELLON (Attachments: #1 Exhibit A) (WALKER, CHRISTOPHER) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #26 NOTICE of Supplemental Authority. (cle) |
| Filing 25 MOTION to Stay Adjudication of Any Service Issue Pending Discovery from CT by JACARANDA LLC. (SEGAL, LEE) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: #25 MOTION to Stay Adjudication of Any Service Issue Pending Discovery from CT. Referred to MARTIN A FITZPATRICK. (cle) |
| Filing 24 NOTICE BoNYM's Notice of Supplemental Authority by BANK OF NEW YORK MELLON re #22 Notice (Other), #17 Request/Demand (Attachments: #1 Exhibit A) (WALKER, CHRISTOPHER) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #24 NOTICE BoNYM's Notice of Supplemental Authority. (cle) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #23 NOTICE of Santucci Affidavit Admitting Merger. (cle) |
| Filing 23 NOTICE of Santucci Affidavit Admitting Merger by JACARANDA LLC (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 22 NOTICE of Supplemental Authority by JACARANDA LLC re #7 MOTION to Remand to State Court (Attachments: #1 Exhibit) (SEGAL, LEE) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #22 NOTICE of Supplemental Authority. (cle) |
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Filing 21
ORDER - Plaintiff's motion to stay adjudication of service and remand issues, and to compel a deposition prior to ruling on those issues, ECF No. #19 , is DENIED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 3/3/2021. (cle)
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| Filing 20 NOTICE OF SUPPLEMENTAL AUTHORITY by BANK OF NEW YORK MELLON re #16 Response in Opposition to Motion, #5 MOTION to Vacate Default Final Judgment (Attachments: #1 Exhibit A-F) (WALKER, CHRISTOPHER) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #20 Notice OF SUPPLEMENTAL AUTHORITY. (cle) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #19 Plaintiff's MOTION to Stay Adjudication of Any Service / Remand Issues Pending Deposition, MOTION to Compel Defendant's Deposition, and Incorporated Memorandum of Law. *Action NO LONGER needed by Chambers of SENIOR JUDGE WILLIAM STAFFORD.* Referred to MARTIN A FITZPATRICK. (kjw) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #19 MOTION to Stay. (cle) |
| Filing 19 Plaintiff's MOTION to Stay Adjudication of Any Service / Remand Issues Pending Deposition, MOTION to Compel Defendant's Deposition, and Incorporated Memorandum of Law by JACARANDA LLC. (SEGAL, LEE). Added MOTION to Compel and corrected document title on 3/2/2021. (kjw) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #17 Request Judicial Notice and #18 NOTICE of Supplemental Authority. (cle) |
| Filing 18 NOTICE of Supplemental Authority by JACARANDA LLC (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 17 Request Judicial Notice by JACARANDA LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 16 RESPONSE in Opposition re #7 MOTION to Remand to State Court filed by BANK OF NEW YORK MELLON. (WALKER, CHRISTOPHER) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #16 Response in Opposition to Motion. (cle) |
| Filing 15 RESPONSE in Opposition re #5 MOTION to Vacate Default Final Judgment filed by JACARANDA LLC. (SEGAL, LEE) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #5 MOTION to Vacate Default Final Judgment, #6 Notice (Other), #7 MOTION to Remand to State Court, #8 Request/Demand, #9 Request/Demand, #10 Affidavit, #11 Request/Demand, #12 Request/Demand, #13 Request/Demand, #14 Affidavit, #15 Response in Opposition to Motion. (cle) |
| Filing 14 AFFIDAVIT of Lee Segal by JACARANDA LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 13 Request Judicial Notice by JACARANDA LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 12 Request Judicial Notice by JACARANDA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (SEGAL, LEE) |
| Filing 11 Request Judicial Notice by JACARANDA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (SEGAL, LEE) |
| Filing 10 AFFIDAVIT of Darrin Mish by JACARANDA LLC. (Attachments: #1 Affidavit) (SEGAL, LEE) |
| Filing 9 Request Judicial Notice by JACARANDA LLC. (Attachments: #1 Exhibit, #2 Exhibit) (SEGAL, LEE) |
| Filing 8 Request Judicial Notice by JACARANDA LLC. (Attachments: #1 Exhibit) (SEGAL, LEE) |
| Filing 7 MOTION to Remand to State Court by JACARANDA LLC. (SEGAL, LEE) |
| Filing 6 NOTICE BoNYM's Memorandum Opposing Motion to Strike Motion to Vacate and for Sanctions for Fraud on the Court by BANK OF NEW YORK MELLON (WALKER, CHRISTOPHER) |
| Filing 5 MOTION to Vacate Default Final Judgment by BANK OF NEW YORK MELLON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (WALKER, CHRISTOPHER) |
| Filing 4 Corporate Disclosure Statement/Certificate of Interested Persons by BANK OF NEW YORK MELLON identifying Corporate Parent THE BANK OF NEW YORK MELLON CORPORATION for BANK OF NEW YORK MELLON.. (WALKER, CHRISTOPHER) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed re: #4 Corporate Disclosure Statement. (cle) |
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Filing 3
INITIAL SCHEDULING ORDER - Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 2/19/2021. Rule 26 Meeting Report due by 3/22/2021. Discovery due by 6/3/2021. Signed by SENIOR JUDGE WILLIAM STAFFORD on 2/5/2021. (cle)
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| Filing 2 CIVIL COVER SHEET. (WALKER, CHRISTOPHER) |
| Filing 1 NOTICE OF REMOVAL by BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE ALTERNATIVE LOAN TRUST 2006-6CB, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-6CB from Second Judicial Circuit, Wakulla County, FL, case number 2020-CA-000132. ( Filing fee $ 402 receipt number AFLNDC-5921372.), filed by BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE ALTERNATIVE LOAN TRUST 2006-6CB, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-6CB. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (WALKER, CHRISTOPHER) |
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| Search for this case: JACARANDA LLC v. BANK OF NEW YORK MELLON | |
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| Defendant: BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE ALTERNATIVE LOAN TRUST 2006-6CB, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-6CB | |
| Represented By: | CHRISTOPHER KIRK WALKER |
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| Defendant: THE BANK OF NEW YORK AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE ALTERNATIVE LOAN TRUST | |
| Represented By: | CHRISTOPHER KIRK WALKER |
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| Defendant: BANK OF NEW YORK MELLON | |
| Represented By: | CHRISTOPHER KIRK WALKER |
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| Defendant: BANK OF NEW YORK AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE ALTERNATIVE LOAN TRUST | |
| Represented By: | CHRISTOPHER KIRK WALKER |
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| Plaintiff: JACARANDA, LLC, AS TRUSTEE OF THE 1427 EMERALD HILL WAY LAND TRUST | |
| Represented By: | LEE SEGAL |
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| Plaintiff: JACARANDA LLC | |
| Represented By: | LEE SEGAL |
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