CWELT 2008 SERIES 4343, LLC v. NEWREZ LLC
| CWELT 2008 SERIES 4343, LLC |
| NEWREZ LLC doing business as Shellpoint Mortgage Servicing |
| 0:2024cv60811 |
| May 14, 2024 |
| U.S. District Court for the Southern District of Florida |
| Raag Singhal |
| Other Fraud |
| 28 U.S.C. ยง 1332 Diversity |
| Both |
Docket Report
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This docket was last retrieved on July 8, 2024. A more recent docket listing may be available from PACER.
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Filing 14
PAPERLESS ORDER granting #13 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document by NEWREZ LLC. Response/Answer due 8/5/2024. Signed by Judge Raag Singhal on 7/8/2024. (pb00)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by NEWREZ LLC. (Attachments: #1 Text of Proposed Order)(Rottmann, Emily) |
| Filing 12 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by NEWREZ LLC identifying Other Affiliate Shellpoint Partners LLC, Other Affiliate NRM Acquisition LLC, Other Affiliate NRM Acquisition II LLC, Other Affiliate New Residential Mortgage LLC, Other Affiliate Rithm Capital Corp., fka New Residential Investment Corp. for NEWREZ LLC (Rottmann, Emily) |
| Filing 11 NOTICE of Attorney Appearance by Kathleen Danielle Dackiewicz on behalf of NEWREZ LLC. Attorney Kathleen Danielle Dackiewicz added to party NEWREZ LLC(pty:dft). (Dackiewicz, Kathleen) |
| Filing 10 NOTICE of Attorney Appearance by Emily Yandle Rottmann on behalf of NEWREZ LLC. Attorney Emily Yandle Rottmann added to party NEWREZ LLC(pty:dft). (Rottmann, Emily) |
| Filing 9 WAIVER OF SERVICE Returned Executed by CWELT 2008 SERIES 4343, LLC. NEWREZ LLC waiver sent on 5/23/2024, response/answer due 7/22/2024. (Hirsch, Scott) |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement by CWELT 2008 SERIES 4343, LLC (Hirsch, Scott) |
| Filing 7 Statement of: Supplemental Jurisdictional Statement in compliance with the Court's Order by CWELT 2008 SERIES 4343, LLC (Hirsch, Scott) |
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Filing 6
PAPERLESS ORDER ON JURISDICTION - As the party asking this Court to invoke its jurisdiction, Plaintiff must properly allege the citizenship of each of the parties to establish subject matter jurisdiction. The Complaint alleges diversity of citizenship. (DE #1 ). Defendant Newrez LLC is a limited liability company, but the Complaint fails to allege the citizenship of the LLCs' members. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004) (citizenship of LLC includes citizenship of each member). Jurisdiction, therefore, is not properly alleged. Plaintiff is, therefore, ORDERED to file a Supplemental Jurisdictional Statement that shows the Court's jurisdiction over this case. This statement should specifically identify the citizenship of Newrez LLC and each of its members. This jurisdictional statement is due fourteen (14) days from the date of this Order. Signed by Judge Raag Singhal on 5/15/2024. (pb00)
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Filing 5
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 5/15/2024. (pb00)
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| Filing 4 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses). Motions for Extension of Time Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Labeling Exhibits on CM/ECF Exhibits to pleadings and motions shall be docketed in accordance with the Court's CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Notices of Settlement Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 5/15/2024. (pb00) |
| Filing 3 Summons Issued as to NEWREZ LLC. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. (nan) |
| Filing 1 COMPLAINT against NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING. Filing fees $ 405.00 receipt number AFLSDC-17528323, filed by CWELT 2008 SERIES 4343, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summon(s))(Hirsch, Scott) |
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| Plaintiff: CWELT 2008 SERIES 4343, LLC | |
| Represented By: | Scott David Hirsch |
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| Defendant: NEWREZ LLC doing business as Shellpoint Mortgage Servicing | |
| Represented By: | Kathleen Danielle Dackiewicz |
| Represented By: | Emily Yandle Rottmann |
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