Lofgren v. The Bank of New York Mellon
| Ava Lofgren and Nicholas Lofgren |
| The Bank of New York Mellon and The Bank of New York |
| 0:2021cv60374 |
| February 16, 2021 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia O Valle |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 2, 2021. A more recent docket listing may be available from PACER.
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| Filing 35 ACKNOWLEDGMENT OF RECEIPT as to #34 Transmittal Letter Sent (ls) |
| Filing 34 Transmittal Letter Sent with ORDER TO REMAND to: 17th Judicial Circuit, Broward County, FL. State Court Case Number: CACE-20-016832. (drz) |
Filing 33
ORDER TO REMAND granting #6 Motion to Remand to State Court; denying as moot #18 Motion to Stay; denying as moot #32 Motion to Quash. Re: #6 Plaintiff's MOTION to Remand to State Court filed by Ava Lofgren, #18 MOTION to Stay Adjudication of Service Issues Pending Deposition and Motion to Compel Deposition filed by Ava Lofgren, #32 MOTION to Quash Service of Process, Motion to Set Aside the Clerk's Default and Incorporated Memorandum of Law filed by The Bank of New York Mellon. The above-styled case is REMANDED to the Seventeenth Judicial Circuit in andfor Broward County, Florida. The Clerk of Court is directed to CLOSE this case. Closing Case. Motions Terminated: #18 MOTION to Stay Adjudication of Service Issues Pending Deposition and Motion to Compel Deposition filed by Ava Lofgren, #32 MOTION to Quash Service of Process, Motion to Set Aside the Clerk's Default and Incorporated Memorandum of Law filed by The Bank of New York Mellon, #6 Plaintiff's MOTION to Remand to State Court filed by Ava Lofgren. Signed by Judge Beth Bloom on 3/19/2021. See attached document for full details. (drz)
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| Filing 32 MOTION to Quash Service of Process, Motion to Set Aside the Clerk's Default and Incorporated Memorandum of Law by The Bank of New York Mellon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit Composite E, #6 Exhibit F, #7 Exhibit G)(Walter, James) |
| Filing 31 REPLY to Response to Motion re #18 MOTION to Stay Adjudication of Service Issues Pending Deposition and Motion to Compel Deposition filed by Ava Lofgren. (Segal, Lee) |
| Filing 30 REPLY to Response to Motion re #6 Plaintiff's MOTION to Remand to State Court filed by Ava Lofgren. (Segal, Lee) |
| Filing 29 NOTICE by The Bank of New York Mellon re #25 Response in Opposition to Motion, (Attachments: #1 Exhibit Exhibit F) (Walter, James) |
| Filing 28 Certificate of Other Affiliates/Corporate Disclosure Statement by The Bank of New York Mellon identifying Corporate Parent Bank of New York Corporation for The Bank of New York Mellon (Walter, James) |
| Filing 27 Clerks Notice to Filer re #24 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (The Bank of New York Mellon Corporation not added) (drz) |
| Filing 26 RESPONSE in Opposition re #18 MOTION to Stay Adjudication of Service Issues Pending Deposition and Motion to Compel Deposition filed by The Bank of New York Mellon. Replies due by 3/16/2021. (Attachments: #1 Exhibit Exhibit A)(Walter, James) |
| Filing 25 RESPONSE in Opposition re #6 Plaintiff's MOTION to Remand to State Court filed by The Bank of New York Mellon. Replies due by 3/16/2021. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Composite Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Walter, James) |
| Filing 24 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by The Bank of New York Mellon (Walter, James) |
| Filing 23 Clerks Notice to Filer re #22 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (drz) |
| Filing 22 Corporate Disclosure Statement by The Bank of New York Mellon (Walter, James) |
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Filing 21
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRINGMEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Amended Pleadings due by 5/3/2021., Discovery due by 11/16/2021., Expert Discovery due by 11/16/2021., Joinder of Parties due by 5/3/2021., Mediation Deadline 11/30/2021., In Limine Motions due by 12/8/2021., Dispositive Motions due by 12/8/2021., Motions due by 12/8/2021., Pretrial Stipulation due by 2/28/2022., Jury Trial set for 3/14/2022 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 3/8/2022 01:45 PM in Miami Division before Judge Beth Bloom.), ( Mediation Deadline 11/30/2021.). Signed by Judge Beth Bloom on 3/3/2021. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 20
PAPERLESS ORDER requiring Defendant's expedited response By March 9, 2021,to Plaintiff's Motion to Stay Adjudication of Any Service/Remand Issues Pending Deposition, Motion to Compel Defendant's Deposition, ECF No. #18 . Signed by Judge Beth Bloom (BB)
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| Filing 19 Joint SCHEDULING REPORT - Rule 16.1 by The Bank of New York Mellon (Walter, James) |
| Filing 18 MOTION to Stay Adjudication of Service Issues Pending Deposition and Motion to Compel Deposition by Ava Lofgren. Responses due by 3/15/2021 (Segal, Lee) |
| Filing 17 NOTICE by Ava Lofgren of Aviram Case (Segal, Lee) |
| Filing 16 NOTICE by The Bank of New York Mellon re #5 Order Requiring Joint Scheduling Report (Attachments: #1 Exhibit A) (Walter, James) |
| Filing 15 Statement of: Notice of Filing Statement by The Bank of New York Mellon re #5 Order Requiring Joint Scheduling Report (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Walter, James) |
| Filing 14 AFFIDAVIT in Support re #6 Plaintiff's MOTION to Remand to State Court of Lee Segal filed by Ava Lofgren. (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 13 NOTICE by Ava Lofgren of Broward Case (Attachments: #1 Exhibit) (Segal, Lee) |
| Filing 12 NOTICE by Ava Lofgren of BONYM Service Challenges (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 NOTICE by Ava Lofgren of BONYM Court Filings (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Segal, Lee) |
| Filing 10 NOTICE by Ava Lofgren of BONYM Court Filings (Segal, Lee) |
| Filing 9 AFFIDAVIT in Support re #6 Plaintiff's MOTION to Remand to State Court of Darrin Mish filed by Ava Lofgren. (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 8 NOTICE by Ava Lofgren of BONYM SEC Filings (Attachments: #1 Exhibit, #2 Exhibit) (Segal, Lee) |
| Filing 7 NOTICE by Ava Lofgren of BONY Annual Reports from 1995-2020 (Attachments: #1 Exhibit) (Segal, Lee) |
| Filing 6 Plaintiff's MOTION to Remand to State Court by Ava Lofgren. (Segal, Lee) |
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Filing 5
ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 3/3/2021 Signed by Judge Beth Bloom on 2/17/2021. See attached document for full details. (drz)
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| Filing 4 CLERK'S NOTICE - Attorney Admissions has not updated address and/or secondary email information for attorney James Walter re #3 Notice of Change of Address, Email or Law Firm Name. Attorney has not followed the required procedures for updating their contact information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is not responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (cw) |
| Filing 3 NOTICE of Change of Address, Email or Law Firm Name by James Walter (Walter, James) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cds) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Ava Lofgren vs. The Bank of New York Mellon) Filing fee $ 402.00 receipt number AFLSDC-14395131, filed by THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE ALTERNATIVE LOAN TRUST 2005-76, MORTGAGE PASS-THROUGHCERTIFICATES SERIES 2005-76. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Composite Exhibit A, #3 Exhibit Exhibit B)(Walter, James) Text Modified on 2/17/2021 (cds). No Answer/Motion to Dismiss Filed. |
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