Fyk v. American Neighborhood Mortgage Acceptance Company, LLC et al.
| Jason Fyk |
| American Neighborhood Mortgage Acceptance Company, LLC doing business as ANNIEMAC HOME MORTGAGE formerly doing business as FAMILY FIRST FUNDING, LLC, Change Lending, LLC, Family First Funding, LLC and First Realty Services Corp. doing business as REMAX First |
| 0:2026cv60059 |
| January 9, 2026 |
| U.S. District Court for the Southern District of Florida |
| Rodney Smith |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
This docket was last retrieved on May 20, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 56 Unopposed MOTION for Leave to File Sur-Reply re DE 54 by Jason Fyk. Responses due by 6/3/2026. (Attachments: #1 Exhibit conferral)(Greyber, Jeffrey) |
| Filing 55 REPLY in Support of Motion re #47 MOTION to Strike #46 Reply in Support of Motion, or, in the alternative, motion for leave to file sur-reply. filed by Jason Fyk. (Greyber, Jeffrey) |
| Filing 54 Defendant's REPLY in Support of Motion re #48 Defendant's MOTION to Dismiss with Prejudice #15 Amended Complaint/Amended Notice of Removal, . filed by First Realty Services Corp., RE/MAX Holdings, Inc.. (Molina, Joshua) |
| Filing 53 RESPONSE in Opposition re #48 Defendant's MOTION to Dismiss with Prejudice #15 Amended Complaint/Amended Notice of Removal, filed by Jason Fyk. Replies due by 5/7/2026. (Greyber, Jeffrey) |
| Filing 52 RESPONSE in Opposition re #47 MOTION to Strike #46 Reply in Support of Motion, or, in the alternative, motion for leave to file sur-reply filed by Change Lending, LLC. Replies due by 5/6/2026. (Kahn, Jeremy) |
| Filing 51 Joint SCHEDULING REPORT - Rule 16.1 by Jason Fyk (Attachments: #1 Text of Proposed Order)(Greyber, Jeffrey) |
| Filing 50 Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge parties' consent re: some tasks / non-consent re: others. Filed by Jason Fyk (Greyber, Jeffrey) |
| Filing 49 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed Plaintiff Certificate of Interested Persons, Corporate Disclosure Statement, and Notice of Pendency of Related Actions by Jason Fyk (Greyber, Jeffrey) |
| Filing 48 Defendant's MOTION to Dismiss with Prejudice #15 Amended Complaint/Amended Notice of Removal, by First Realty Services Corp.. Responses due by 4/30/2026. (Attachments: #1 Exhibit 1)(Molina, Joshua) |
| Filing 47 MOTION to Strike #46 Reply in Support of Motion, or, in the alternative, motion for leave to file sur-reply by Jason Fyk. Responses due by 4/29/2026. (Greyber, Jeffrey) |
| Filing 46 REPLY in Support of Motion re #21 MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #15 Amended Complaint/Amended Notice of Removal, MOTION for More Definite Statement in the Alternative. filed by Change Lending, LLC. (Kahn, Jeremy) |
| Filing 45 MOTION for Default Judgment re: Family First Funding, LLC by Jason Fyk. Responses due by 4/23/2026. (Greyber, Jeffrey) |
| Reset Answer Due Deadline: First Realty Services Corp.answer due 4/21/2026. Per DE 44 . (cqs) |
Filing 44
PAPERLESS ORDER denying #43 Motion for Extension of Time to File Response/Reply/Answer. Defendant shall file a Response to Plaintiff's Second Amended Complaint on or before April 21, 2026.The parties are reminded that multiple Defendants shall file joint motions to dismiss. Should Defendants seek to file a motion to dismiss they must confer with the other Defendants, and all Defendants shall a joint motion. Signed by Judge Rodney Smith on 4/8/2026. (eps)
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| Filing 43 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #15 Amended Complaint/Amended Notice of Removal, by First Realty Services Corp., RE/MAX Holdings, Inc.. Responses due by 4/21/2026. (Attachments: #1 Exhibit A)(Molina, Joshua) |
| Filing 42 NOTICE of Attorney Appearance by Hugo Vincent Alvarez on behalf of First Realty Services Corp., RE/MAX Holdings, Inc.. Attorney Hugo Vincent Alvarez added to party First Realty Services Corp.(pty:dft), Attorney Hugo Vincent Alvarez added to party RE/MAX Holdings, Inc.(pty:dft). (Alvarez, Hugo) |
| Filing 41 NOTICE of Attorney Appearance by Joshua David Molina on behalf of First Realty Services Corp., RE/MAX Holdings, Inc.. Attorney Joshua David Molina added to party First Realty Services Corp.(pty:dft), Attorney Joshua David Molina added to party RE/MAX Holdings, Inc.(pty:dft). (Molina, Joshua) |
| Filing 40 RESPONSE in Opposition re #21 MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #15 Amended Complaint/Amended Notice of Removal, MOTION for More Definite Statement in the Alternative filed by Jason Fyk. Replies due by 4/13/2026. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2)(Greyber, Jeffrey) |
Filing 39
PAPERLESS ORDER denying #35 Motion for Extension of Time. Signed by Judge Rodney Smith on 4/6/2026. (eps)
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Filing 38
PAPERLESS ORDER denying #37 Motion for Extension of Time to File Response/Reply/Answer. Signed by Judge Rodney Smith on 4/6/2026. (eps)
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| Filing 37 Renewed MOTION for Extension of Time to File Response/Reply/Answer as to #35 First MOTION for Extension of Time extension of 4/6/26 mot. to dismiss resp. deadline to 4/20/26 re #21 MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack (Time-Sensitive, please) by Jason Fyk. Responses due by 4/20/2026. (Greyber, Jeffrey) |
| Filing 36 NOTICE of Voluntary Dismissal WITHOUT prejudice re AnnieMac by Jason Fyk (Greyber, Jeffrey) |
| Filing 35 First MOTION for Extension of Time extension of 4/6/26 mot. to dismiss resp. deadline to 4/20/26 re #21 MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #15 Amended Complaint/Amended Notice of Removal, MOTION for More Definite Statement in the Alternative by Jason Fyk. Responses due by 4/16/2026. (Greyber, Jeffrey) |
Filing 34
PAPERLESS ORDER granting #32 Motion for Extension of Time. Plaintiff must comply with the Order Requiring Joint Scheduling Report #23 by April 24, 2026. Signed by Judge Rodney Smith on 4/2/2026. (eps)
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| Reset Deadlines Per DE 34 . Joint Scheduling Report due by 4/24/2026 (cqs) |
| Filing 33 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jason Fyk. (Greyber, Jeffrey) |
| Filing 32 First MOTION for Extension of Time 30-day extension request re: D.E. 23] re #23 Order Requiring Joint Scheduling Report, by Jason Fyk. Responses due by 4/15/2026. (Greyber, Jeffrey) |
| Filing 31 NOTICE of Striking #28 Notice of Action/Publication filed by Jason Fyk by Jason Fyk (Greyber, Jeffrey) |
| Filing 30 Clerk's Notice to Filer re #28 Notice of Action/Publication. Document Not Captioned; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. AND Wrong Event Selected; ERROR - The Filer selected the wrong event (ls) |
| Filing 29 NOTICE of Striking #25 Summons Returned Executed, filed by Jason Fyk by Jason Fyk (Greyber, Jeffrey) |
| Filing 28 "STRICKEN" Notice of Action/Publication filed by Jason Fyk. (Greyber, Jeffrey) Modified on 4/1/2026 (ls). (per DE #31) |
| Filing 27 Clerk's Notice to Filer re #25 Summons Returned Executed,. Document Not Captioned; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (ls) |
| Filing 26 SUMMONS (Affidavit) Returned Executed on #15 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jason Fyk. First Realty Services Corp. served on 3/12/2026, response/answer due 4/2/2026. (Greyber, Jeffrey) |
| Filing 25 "STRICKEN" SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jason Fyk. Change Lending, LLC served on 2/19/2026, response/answer due 3/12/2026. (Greyber, Jeffrey) Modified on 4/1/2026 (ls). (per DE #29) |
| Filing 24 SUMMONS (Affidavit) Returned Executed on #15 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jason Fyk. All Defendants. (Greyber, Jeffrey) |
Filing 23
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS. Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements due by 4/1/2026. Signed by Judge Rodney Smith on 3/24/2026. See attached document for full details. (jas)
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Filing 22
PAPERLESS ORDER granting #20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Robert M. Horwitz. Signed by Judge Rodney Smith on 3/23/2026. (eps)
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| Filing 21 MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM ( Responses due by 4/6/2026.), MOTION to Dismiss for Lack of Jurisdiction #15 Amended Complaint/Amended Notice of Removal, , MOTION for More Definite Statement in the Alternative ( Responses due by 4/6/2026.) by Change Lending, LLC. (Kahn, Jeremy) |
| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert M. Horwitz. Filing Fee $ 250.00 Receipt # AFLSDC-19307901 by American Neighborhood Mortgage Acceptance Company, LLC. Responses due by 3/26/2026. (Attachments: #1 Text of Proposed Order)(Delancy, Adrian) |
| Filing 19 Corporate Disclosure Statement - NONE disclosed by American Neighborhood Mortgage Acceptance Company, LLC (Delancy, Adrian) Modified Text on 3/12/2026 (ls). |
| Filing 18 NOTICE of Attorney Appearance by Adrian Carlington Delancy on behalf of American Neighborhood Mortgage Acceptance Company, LLC. Attorney Adrian Carlington Delancy added to party American Neighborhood Mortgage Acceptance Company, LLC(pty:dft). (Delancy, Adrian) |
| Filing 17 Summons Issued as to First Realty Services Corp.. (ls) |
| Filing 16 Corporate Disclosure Statement by Change Lending, LLC identifying Corporate Parent The Change Company CDFI LLC for Change Lending, LLC (Kahn, Jeremy) |
| Filing 15 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Jason Fyk. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C, #4 Summon(s) First Realty Services Corp Summons)(Greyber, Jeffrey) |
| Filing 14 NOTICE of Attorney Appearance by Jeremy L. Kahn on behalf of Change Lending, LLC. Attorney Jeremy L. Kahn added to party Change Lending, LLC(pty:dft). (Kahn, Jeremy) |
Filing 13
PAPERLESS ORDER granting #11 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Rodney Smith on 3/2/2026. (eps)
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| Filing 12 NOTICE of Voluntary Dismissal without prejudice re: RE/MAX Holdings by Jason Fyk (Greyber, Jeffrey) |
| Filing 11 MOTION for Leave to File Second Amended Complaint by Jason Fyk. Responses due by 3/10/2026. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit 2nd Am Compl Ex A, #3 Exhibit 2nd Am Compl Ex B, #4 Exhibit 2nd Am Compl Ex C)(Greyber, Jeffrey) |
| Filing 10 Summons Issued as to Family First Funding, LLC. (ls) |
| Filing 9 Clerk's Notice to Filer re #6 MOTION Issuance of Summons request for issuance of [DE 5-1]. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#8]. It is not necessary to refile this document. (ls) |
| Filing 8 NOTICE of Filing Proposed Summons(es) by Jason Fyk (ls)(See Image at DE #6) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Jason Fyk. American Neighborhood Mortgage Acceptance Company, LLC waiver sent on 2/3/2026, response/answer due 4/6/2026. (Greyber, Jeffrey) |
| Filing 6 MOTION Issuance of Summons request for issuance of [DE 5-1] by Jason Fyk. Responses due by 3/3/2026. (Attachments: #1 Summon(s) Filed Summons [D.E. 5-1])(Greyber, Jeffrey) |
| Filing 5 First AMENDED COMPLAINT against American Neighborhood Mortgage Acceptance Company, LLC, Change Lending, LLC, RE/MAX Holdings, Inc., FAMILY FIRST FUNDING, LLC, filed by Jason Fyk. (Attachments: #1 Summon(s) Family First Funding Summons, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C)(Greyber, Jeffrey) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (ksr) |
| Filing 3 Summons Issued as to American Neighborhood Mortgage Acceptance Company, LLC, Change Lending, LLC, RE/MAX Holdings, Inc.. (ksr) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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. (ksr) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-19105099, filed by Jason Fyk. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) AnnieMac Summons, #3 Summon(s) Change Lending Summons, #4 Summon(s) RE/MAX Summons, #5 Exhibit Ex A, #6 Exhibit Ex B, #7 Exhibit Ex C)(Greyber, Jeffrey) |
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