Bardt Equity & Inclusion Trust v. ServiceMac, LLC
| Lucas Bardt and Steven Andrew Bardt |
| ServiceMac, LLC |
| 0:2025cv61487 |
| July 23, 2025 |
| U.S. District Court for the Southern District of Florida |
| Patrick M Hunt |
| Other Statutory Actions |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 13, 2026. A more recent docket listing may be available from PACER.
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| Filing 71 REPLY in Support of Motion re #69 MOTION for Reconsideration MOTION for Leave to File MOTION to Amend/Correct and Response to Defendant's Opposition re #70 filed by Lucas Bardt, Steven Andrew Bardt. (ls) |
| Filing 70 RESPONSE to Motion re #69 MOTION for Reconsideration MOTION for Leave to File MOTION to Amend/Correct filed by ServiceMac, LLC. Replies due by 1/20/2026. (Wagner, Aaron) |
| Filing 69 Verified Expedited MOTION for Relief from Final Orders under Fed.R.Civ.P. 60(b)(6) (and, in the Alternative, 60(b)(1)), MOTION for Leave to File a Supplemental Pleading under Rule 15(d), (or, Alternatively, MOTION to Amend under Rule 15(a)(2)) ( Responses due by 1/12/2026.) by Lucas Bardt, Steven Andrew Bardt. (Attachments: #1 Text of Proposed Order, #2 Exhibits)(ls) |
| Civil Case Terminated. Closing Case. Per DE #68 (cqs) |
Filing 68
ORDER denying #65 Motion for Extension of Time and Referral to Volunteer Attorney Program; denying as moot #67 Motion for Referral to Volunteer Attorney Program. The Clerk is directed to CLOSE the case. Signed by Magistrate Judge Patrick M. Hunt on 10/22/2025. See attached document for full details. (klg)
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| Filing 67 NOTICE of Filing Volunteer Attorney Program Referral Form (supporting ECF 65) by Lucas Bardt, Steven Andrew Bardt. (ls) |
| Filing 66 AFFIDAVIT/Declaration pursuant to 28 U.S.C. 1746 re #65 Second MOTION for Extension of Time by Lucas Bardt (ls) |
| Filing 65 Second MOTION for Extension of Time (Trust Counsel Appearance; ECF No. 61-Conforming Amended Complaint); re #61 Order on Motion to Dismiss for Failure to State a Claim. ( Responses due by 10/31/2025.), MOTION for Referral to Volunteer/Pro Bono Attorney Program by Lucas Bardt. (Attachments: #1 Text of Proposed Order)(ls) |
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Filing 64
PAPERLESS ORDER granting in part and denying in part #63 Motion for Extension of Time, Clarification, and Leave to File. First, Plaintiffs' Motion comes one day before the deadline, and Plaintiffs did not explain why a three-week extension is necessary to obtain replacement counsel. Nevertheless, the deadline to file an amended complaint conforming to this Court's previous Order, ECF No. #61 , is extended to October 17, 2025. See Lizarazo v. Miami-Dade Corr. & Rehab. Dep't, 878 F.3d 1008, 1012 (11th Cir. 2017) ("A timely motion to extend is reviewed for good cause, not excusable neglect, Fed. R. Civ. P. 6(b), and 'should be liberally granted absent a showing of bad faith... or undue prejudice.'") (citation omitted). Second, the undersigned declines to clarify the sentence at issue, see ECF No. #61 at 3 n.3, which is unambiguous. See Medenvios Healthcare, Inc. v. Becerra, No. 23-20068-CIV-SCOLA, 2025 WL 984614, *1 (S.D. Fla. Jan 14, 2025). Further, the undersigned declines to adopt Plaintiffs' proposed clarifying sentence. Third, granting leave to file a second amended complaint would be futile, as any substantively similar complaint filed by Plaintiffs proceeding pro se would suffer from the same deficiencies discussed in a previous Order, ECF No. #61 . See Portes v. City of Doral, No. 24-24652-CIV-BLOOM, 2025 WL 2644725, at *2 (S.D. Fla. Sep. 15, 2025). If counsel does not enter an appearance on behalf of the Trust by October 17, 2025, this Court will consider dismissing this case with prejudice. The #63 Motion is GRANTED IN PART such that the deadline set forth in this Court's previous Order, ECF No. #61 , is extended; the Motion is otherwise DENIED. Signed by Magistrate Judge Patrick M. Hunt on 10/15/2025. (klg)
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| Filing 63 Integrated MOTION for Extension under Fed. R. Civ. P. 6(b)(1)(A);, MOTION for clarification under Rule 54(b0 of ECF 61; ( Responses due by 10/28/2025.), MOTION for Leave to File Personal-Capacity-Only Second Amended Complaint under Rule 15(a)(2), and MOTION for Direction that any Dismissal be without Prejudice & Exhibit A by Lucas Bardt. (Attachments: #1 Text of Proposed Order)(ls) |
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Filing 62
PAPERLESS ORDER denying as moot #44 Motion to Preserve Status Quo; #46 Motion in Support of Pending Preliminary Injunction; #50 Motion to Expedite; #53 Motion to Order Granting of ECF No. 46-2; #58 Motion for Judicial Notice; #8 Motion for Preliminary Injunction; #19 Motion for Expedited Hearing; #29 Motion for Judicial Determination; #31 Motion to Strike; #33 Motion to Recognize Defendant's Judicial Admissions. The foregoing motions were rendered moot by this Court's ruling on #35 Motion to Dismiss. See ECF No. #61 . Signed by Magistrate Judge Patrick M. Hunt on 10/2/2025. (klg)
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Filing 61
ORDER granting in part and denying in part #35 Motion to Dismiss. Plaintiffs' Amended Complaint, ECF No. #23 , is dismissed without prejudice. If the Plaintiffs seek to proceed with this suit, they must JOIN the Trust in an appropriate manner and FILE an amended complaint on or before 10/15/2025. Signed by Magistrate Judge Patrick M. Hunt on 10/1/2025. See attached document for full details. (klg)
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| Filing 60 NOTICE of Filing Exhibit O: ServiceMac Letter Admitting False "Loss Mitigation" Designation (September 12, 2025) by Lucas Bardt (ls) |
| Filing 59 Emergency NOTICE of Ongoing Irreparable Fiduciary Harm and Necessity of Extinguishment Remedy (Exhibit O) by Lucas Bardt (ls) |
| Filing 58 MOTION for Judicial Notice of Supplemental Facts and Application of Rule 65(d)(2) in support re #46 Renewed and Expedited Supplemental Motion in Support of Pending #8 MOTION for Preliminary Injunction, seeking Loan Extinguishment, Return of Funds, and Credit/Escrow Remedies, with New Exhibit L (Sept. 9, 2025 Letter), #8 MOTION for Preliminary Injunction by Lucas Bardt. (Attachments: #1 Text of Proposed Order)(ls) |
| Filing 57 NOTICE of Supplemental Facts in support by Lucas Bardt re #46 Renewed and Expedited Supplemental Motion in Support of Pending #8 MOTION for Preliminary Injunction, seeking Loan Extinguishment, Return of Funds, and Credit/Escrow Remedies, with New Exhibit L (Sept. 9, 2025 Letter), #8 MOTION for Preliminary Injunction (ls) |
| Filing 56 REPLY to Response to Motion re #46 Renewed and Expedited Supplemental Motion in Support of Pending #8 MOTION for Preliminary Injunction, seeking Loan Extinguishment, Return of Funds, and Credit/Escrow Remedies, with New Exhibit L (Sept. 9, 2025 Letter), #44 MOTION to Preserve Status Quo, Halt Servicing Transfer, and Bind Successors MOTION to Expedite. filed by Lucas Bardt. (ls) |
| Filing 55 Notice of Filing Supplemental Memorandum of Law in Support of #46 Renewed and Expedited Supplemental Motion in Support of Pending #8 MOTION for Preliminary Injunction, seeking Loan Extinguishment, Return of Funds, and Credit/Escrow Remedies, with New Exhibit L (Sept. 9, 2025 Letter) by Lucas Bardt (ls) |
| Filing 54 Omnibus RESPONSE to Motion re #46 Renewed and Expedited Supplemental Motion in Support of Pending #8 MOTION for Preliminary Injunction, seeking Loan Extinguishment, Return of Funds, and Credit/Escrow Remedies, with New Exhibit L (Sept. 9, 2025 Letter), #44 MOTION to Preserve Status Quo, Halt Servicing Transfer, and Bind Successors MOTION to Expedite filed by ServiceMac, LLC. Replies due by 10/6/2025. (Wagner, Aaron) Modified Text on 9/30/2025 (ls). |
| Filing 53 MOTION to Order Granting of ECF No. 46-2 based on Defendant's Concealed Loss Mitigation Servicing Transfer and Misrepresentations to the Court by Lucas Bardt, Steven Andrew Bardt. Responses due by 10/14/2025. (ls) |
| Filing 52 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Patrick M. Hunt: Status Conference held over Zoom on 9/24/2025. Total time in court: 20 minutes. Attorney Appearance(s): Aaron Alan Wagner. Other appearances: Lucas Bardt, Steven Andrew Bardt. (klg) |
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Filing 51
PAPERLESS ORDER Setting Status Conference regarding #50 Plaintiffs' Ultra Emergency Notice. Telephonic Status Conference set for 9/24/2025 at 3:00 PM in Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. The hearing shall take place via Zoom. The Meeting ID is 160 0169 1761 and the Passcode is 334775. Signed by Magistrate Judge Patrick M. Hunt on 9/23/2025. (klg)
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| Filing 50 Ultra Emergency Notice Urgently Demanding Immediate Entry of Plaintiffs' Proposed Order (ECF 46-2) by Lucas Bardt. (ls) |
| Filing 49 NOTICE of Urgent Plea for Court Intervention-Filing Exhibit M in further support by Lucas Bardt of Pending #8 MOTION for Preliminary Injunction - Emergency Imminent (ls) |
| Filing 48 NOTICE of Preservation of Trust Funds and Demand for Restitution of Wrongfully Collected Payments by Lucas Bardt (ls) |
| Filing 47 NOTICE of Sevice by Lucas Bardt re #44 MOTION to Preserve Status Quo, Halt Servicing Transfer, and Bind Successors MOTION to Expedite (ls) |
| Filing 46 Renewed and Expedited Supplemental Motion in Support of Pending #8 MOTION for Preliminary Injunction, seeking Loan Extinguishment, Return of Funds, and Credit/Escrow Remedies, with New Exhibit L (Sept. 9, 2025 Letter) by Lucas Bardt (Attachments: #1 Exhibit, #2 Text of Proposed Order)(ls) |
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Filing 45
PAPERLESS ORDER taking under advisement #44 Motion to Preserve Status Quo, Halt Servicing Transfer, and Bind Successors; denying #44 Motion to Expedite Ruling. Plaintiffs' request for emergency consideration is denied. "Local Rule 7.1(d) requires a movant seeking emergency relief to certify that a 'true emergency' exists because meaningful relief could not be provided on 'a critical, non-routine' issue within seven days." C.W. by & through F.W. v. NCL (Bahamas) Ltd., No. 19-24441-CIV-ALTONAGA, 2020 WL 1492904, at *1 (S.D. Fla. Mar. 21, 2020) (emphasis in original). The Court has reviewed the Motion, and finds that the request does not constitute a true emergency. See VMR Prods., LLC v. Elec. Cigarettes Outlet, LLC, No. 12-23092-CIV-GOODMAN, 2013 WL 5567320, at *1 (S.D. Fla. Oct. 3, 2013) ("Emergencies generally involve risks to the health and safety of individuals, situations where a person is about to be deported, scenarios involving the imminent destruction of property, circumstances under which a business is in real danger of immediate failure or significant financial collapse, or cases where someone is at risk of being denied an essential service"). Accordingly, it will not be handled on an expedited timeline. Signed by Magistrate Judge Patrick M. Hunt on 9/15/2025. (klg)
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| Filing 44 Emergency MOTION to Preserve Status Quo, Halt Servicing Transfer, and Bind Successors, MOTION for Expedited Ruling on the Papers by Lucas Bardt. (Attachments: #1 Exhibits, #2 Text of Proposed Order)(ls) |
| Filing 43 REPLY to Defendant's Continued Toggling and Modern Redlining re #42 Response in Opposition to Motion by Lucas Bardt. (ls) |
| Filing 42 RESPONSE in Opposition re #33 MOTION to Recognize Defendant's Judicial Admissions and Apply Judicial Estoppel filed by ServiceMac, LLC. Replies due by 9/15/2025. (Wagner, Aaron) |
| Filing 41 NOTICE of Filing Supplemental Evidence in Support by Lucas Bardt, Steven Andrew Bardt re #8 MOTION for Preliminary Injunction (cds) |
| Filing 40 NOTICE Regarding Defense Counsel's Out-of-Court Voicemail to Plaintiffs' Personal Estate Attorney by Lucas Bardt, Steven Andrew Bardt (cds) |
| Filing 39 NOTICE of Toggling, Reply Overreach, and Ongoing Harm by Lucas Bardt (ls) |
| Filing 38 REPLY in Support of Motion re #35 MOTION TO DISMISS #23 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM . filed by ServiceMac, LLC. (Wagner, Aaron) |
| Filing 37 Corporate Disclosure Statement by ServiceMac, LLC identifying Corporate Parent First American Financial Corporation for ServiceMac, LLC (Wagner, Aaron) |
| Filing 36 RESPONSE in Opposition re #35 MOTION TO DISMISS #23 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Lucas Bardt. Replies due by 9/3/2025. (Attachments: #1 Text of Proposed Order)(ls) |
| Filing 35 MOTION TO DISMISS #23 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by ServiceMac, LLC. Responses due by 9/9/2025. (Attachments: #1 Exhibit A - Note, #2 Exhibit B - Mortgage, #3 Text of Proposed Order)(Wagner, Aaron) |
| Filing 34 Supplemental CERTIFICATE of Conferral by Lucas Bardt re #33 MOTION to Recognize Defendant's Judicial Admissions and Apply Judicial Estoppel (ls) |
| Filing 33 MOTION to Recognize Defendant's Judicial Admissions and Apply Judicial Estoppel by Lucas Bardt. (Attachments: #1 Text of Proposed Order)(ls) |
| Filing 32 RESPONSE in Opposition re #31 MOTION to Strike Docs. 6-11, 13-22, and 27 filed by Lucas Bardt. Replies due by 8/28/2025. (ls) |
| Filing 31 MOTION to Strike Docs. 6-11, 13-22, and 27 by ServiceMac, LLC. Responses due by 9/4/2025. (Attachments: #1 Text of Proposed Order)(Wagner, Aaron) |
| Filing 30 NOTICE of Attorney Appearance by Aaron Alan Wagner on behalf of ServiceMac, LLC. Attorney Aaron Alan Wagner added to party ServiceMac, LLC(pty:dft). (Wagner, Aaron) |
| Filing 29 NOTICE of Statutory Violation of Fla. Stat. Section 701.04 and REQUEST for Judicial Determination by Lucas Bardt. (ls) |
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Filing 28
PAPERLESS ORDER denying Plaintiffs' request for emergency consideration. "Local Rule 7.1(d) requires a movant seeking emergency relief to certify that a "true emergency" exists because meaningful relief could not be provided on "a critical, non-routine" issue within seven days." C.W. by & through F.W. v. NCL (Bahamas) Ltd., No. 19-24441-CIV-ALTONAGA/GOODMAN, 2020 WL 1492904, at *1 (S.D. Fla. Mar. 21, 2020) (emphasis in original). The Court has reviewed the Motion and finds that the request does not constitute a "true emergency." Accordingly, it will not be handled on an expedited timeline. Signed by Magistrate Judge Patrick M. Hunt on 8/20/2025. (mhr)
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| Filing 27 NOTICE of Filing Supplemental Exhibit 1 by Lucas Bardt re #8 Emergency MOTION for Preliminary Injunction (ls) |
| Filing 26 Durable Power of Attorney by Lucas Bardt (ls) |
| Filing 25 Durable Power of Attorney by Steven Andrew Bardt (ls) |
| Filing 24 NOTICE of Filing Powers of Attorney by Lucas Bardt, Steven Andrew Bardt (ls) |
| Filing 23 VERIFIED COMPLAINT for Federal Servicing Violations, Slander of Title, Clouding of Title, Damages, and Injunctive Relief against ServiceMac, LLC, filed by Lucas Bardt, Steven Andrew Bardt.(ls) |
| Filing 22 NOTICE of Filing Amended Complaint and Corrected Civil Cover Sheet pursuant to Fed. R. Civ. P. 15(a)(1)(A) and/or 15(a)(1)(B) and S.D. Fla. L.R. 15.1 by Bardt Equity & Inclusion Trust (ls) |
| Filing 21 NOTICE of Imminent Harm due to November 2025 Tax Cycle by Bardt Equity & Inclusion Trust (ls) |
| Filing 20 NOTICE Regarding Service of Filings by Bardt Equity & Inclusion Trust (ls) |
| Filing 19 MOTION for Expedited Hearing or in the Alternative, Ruling on Papers, and Notice of Filing Supplement Exhibit H in Support of Emergency Motion for Preliminary Injunction re #8 MOTION for Preliminary Injunction by Bardt Equity & Inclusion Trust. (drz) |
| Filing 18 PLAINTIFF'S NOTICE OF RULE 408 SETTLEMENT EXPIRATION AND DEFENDANT'S BAD FAITH CONDUCT DURING ACTIVE NEGOTIATION PERIOD by Bardt Equity & Inclusion Trust (drz) |
| Filing 17 NOTICE of Service of Rule 408 Settlement Communication by Bardt Equity & Inclusion Trust (ls) |
| Filing 16 NOTICE of Filing Completed AO 440 Return of Service Form by Bardt Equity & Inclusion Trust (ls) |
| Filing 15 NOTICE of Service by Bardt Equity & Inclusion Trust re #8 Emergency MOTION for Preliminary Injunction (ls) |
| Filing 14 NOTICE of Filing Supplemental Exhibit G by Bardt Equity & Inclusion Trust re #8 Emergency MOTION for Preliminary Injunction (Attachments: #1 Supplement Exhibit Index) (ls) |
| Filing 13 CERTIFICATE OF SERVICE by Bardt Equity & Inclusion Trust re #8 MOTION for Preliminary Injunction (nan) |
| Filing 12 Summons Reissued as to ServiceMac, LLC. (nan) |
| Filing 11 Plaintiff's NOTICE and Request for Reissuance of Summons by Bardt Equity & Inclusion Trust re #3 Summons Issued (Attachments: #1 Coversheet, #2 Proposed Summons) (nan) |
| Filing 10 CERTIFICATE OF SERVICE by Bardt Equity & Inclusion Trust re #8 MOTION for Preliminary Injunction. (wce) |
| Filing 9 NOTICE of Proof of Delivery of Summons and Complaint by Bardt Equity & Inclusion Trust (ls) |
| Filing 8 Emergency MOTION for Preliminary Injunction by Bardt Equity & Inclusion Trust. (Attachments: #1 Text of Proposed Order)(ls) |
| Filing 7 NOTICE of Filing Emergency Notice for Preliminary Injunction, Emergency Motion for Preliminary Injunction, Proposed Order Granting Preliminary Injunction and Exhibit Packet (1-F) with Index and Corresponding Coversheets by Bardt Equity & Inclusion Trust (ls) |
| Filing 6 NOTICE Re: Submission of Proof of Service by Bardt Equity & Inclusion Trust (ls) |
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Filing 5
ORDER REGARDING MAGISTRATE JUDGE JURISDICTION AND OPTION FOR CASE REASSIGNMENT TO DISTRICT JUDGE. Signed by Magistrate Judge Patrick M. Hunt on 7/23/2025. See attached document for full details. (mhr)
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| Filing 4 Clerks Notice of Receipt of Filing Fee received on 7/23/2025 in the amount of $ 405.00, receipt number 20467. (ebz) |
| Filing 3 Summons Issued as to ServiceMac, LLC. (pc) |
| Filing 2 Judge Assignment to Magistrate Judge Patrick M. Hunt (pc) |
| Filing 1 Verified Complaint for Federal Servicing Violations, Slander of Title, Clouding of Title, Damages, and Injunctive Relief against ServiceMac, LLC. Filing fees $ 405.00 (DUE), filed by Bardt Equity & Inclusion Trust. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Summon(s))(pc) |
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