Taveras v. Ocwen Loan Servicing LLC. et al
Plaintiff: Eliezer Taveras
Defendant: U.S. Bank National Association and Ocwen Loan Servicing LLC.
Case Number: 1:2019cv23358
Filed: August 12, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Beth Bloom
2 Judge: Lauren Fleischer Louis
Nature of Suit: Real Property: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 10, 2019 Opinion or Order Filing 48 PAPERLESS ORDER denying #47 Motion for Reconsideration for failure to comply with the pre-filing conferral requirement in Local Rule 7.1(a)(3). Signed by Judge Beth Bloom (ak03)
October 10, 2019 Filing 47 MOTION for Reconsideration by Eliezer Taveras. (lbc)
October 8, 2019 Opinion or Order Filing 46 ORDER Scheduling Mediation before Carol S. Cope. Mediation Hearing set for 2/5/2020 11:00 AM Signed by Judge Beth Bloom on 10/7/2019. See attached document for full details. (lbc)
October 7, 2019 Filing 45 NOTICE of Mediator Selection and Hearing. Added Carol S. Cope. Mediation Hearing set for 2/5/2020 at 11:00 a.m.. (Attachments: #1 Exhibit A)(Gabsi, Zina)
October 7, 2019 Filing 44 NOTICE by Ocwen Loan Servicing LLC. re #42 Notice (Other) Striking Docket Entry #42 (Gabsi, Zina)
October 7, 2019 Filing 43 Clerks Notice to Filer re #42 Notice (Other). ERROR. Wrong Event Selected; ERROR. Parties/Mediator Not Added. CORRECTIVE ACTION REQUIRED. Filer must file a Notice of Striking, then re-file the document using the correct event and add the required information and add the mediator. Go to OTHER FILINGS. Mediation Documents. Notice of Mediator Selection and/or Hearing. (lbc)
October 7, 2019 Filing 42 STRICKEN PER DE #44 .. NOTICE by Ocwen Loan Servicing LLC. FILING PROPOSED ORDER SCHEDULING MEDIATION (Attachments: #1 Exhibit A) (Gabsi, Zina) Modified on 10/8/2019 (lbc).
October 4, 2019 Opinion or Order Filing 41 ORDER TO SHOW CAUSE. Show Cause Response due by 10/7/2019. Signed by Judge Beth Bloom on 10/4/2019. See attached document for full details. (jas)
October 1, 2019 Filing 40 SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against Ocwen Loan Servicing LLC., U.S. Bank National Association filed in response to Order Granting Motion for Leave, filed by Eliezer Taveras. (Attachments: #1 Exhibit)(pcs)
September 30, 2019 Opinion or Order Filing 39 PAPERLESS ORDER granting #38 Plaintiff's Unopposed Emergency Motion for Leave to File Amended Complaint and denying as moot #20 Motion to Dismiss for Failure to State a Claim. The Plaintiff shall separately file the Second Amended Complaint in accordance with Local Rule 15.1. In addition, the Court notes that although Plaintiff's motion is styled as an emergency and contains a certification (though not the form required by CM/ECF Administrative Procedure 10B), upon review, it is not an emergency. Indeed, a request to amend, especially within the deadline set by the Court in #26 the Scheduling Order is both non-critical and routine. Although Plaintiff believes that the Court would not be able to provide meaningful relief after October 2, 2019, the motion fails to set forth in detail the nature of the emergency and the reason the ruling is needed before October 2, as required by the Local Rules. Plaintiff is therefore advised that the continued use of the Court's procedures for filing emergency motions in situations that do not constitute a true emergency is improper and will result in sanctions in accordance with Local Rule 7.1(d).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 Beth Bloom (ak03)
September 30, 2019 Filing 38 UNOPPOSED EMERGENCY MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, to Amend/Correct #7 Amended Complaint by Eliezer Taveras. Responses due by 10/15/2019 (Attachments: #1 Exhibit)(pcs)
September 27, 2019 Opinion or Order Filing 37 ORDER TO SHOW CAUSE Show Cause Response due by 10/3/2019. Signed by Judge Beth Bloom on 9/27/2019. See attached document for full details. (pcs)
September 23, 2019 Filing 36 RESPONSE in Support re #20 MOTION TO DISMISS #7 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law filed by Ocwen Loan Servicing LLC., U.S. Bank National Association. (Gabsi, Zina)
September 18, 2019 Set/Reset Deadlines/Hearings per Scheduling Order DE #26 . Amended Pleadings due by 11/4/2019. Discovery due by 3/10/2020. Expert Discovery due by 3/10/2020. Joinder of Parties due by 11/4/2019. Mediation Deadline 3/24/2020. Dispositive Motions due by 4/1/2020. In Limine Motions due by 4/1/2020. Motions due by 4/1/2020. Pretrial Stipulation due by 6/22/2020. Calendar Call set for 6/30/2020 01:45 PM in Miami Division before Judge Beth Bloom. Jury Trial set for 7/6/2020 09:00 AM in Miami Division before Judge Beth Bloom. (pcs)
September 17, 2019 Opinion or Order Filing 35 ORDER VACATING ECF No. #33 ORDER OF DISMISSAL WITHOUT PREJUDICE, DISMISSING COUNT 2 AGAINST DEFENDANT OCWEN LOAN SERVICING LLC, AND REINSTATING ECF NO. #26 SCHEDULING ORDER, vacating #33 Order Dismissing Case. Signed by Judge Beth Bloom on 9/17/2019. See attached document for full details. (pcs)
September 16, 2019 Filing 34 RESPONSE in Opposition to #20 MOTION TO DISMISS #7 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by Eliezer Taveras. (pcs)
September 12, 2019 Opinion or Order Filing 33 VACATED per Order DE 35. ORDER OF DISMISSAL WITHOUT PREJUDICE Closing Case. Motions terminated: #20 MOTION TO DISMISS #7 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law filed by Ocwen Loan Servicing LLC., U.S. Bank National Association. Signed by Judge Beth Bloom on 9/12/2019. See attached document for full details. (pcs) Modified on 9/18/2019 (pcs).
September 12, 2019 Filing 32 NOTICE of Voluntary Dismissal Cause of Action by Eliezer Taveras. (pcs)
September 6, 2019 Opinion or Order Filing 31 ORDER denying #29 Motion for Reconsideration. Signed by Judge Beth Bloom See attached document for full details. (ak03)
September 6, 2019 Opinion or Order Filing 30 PAPERLESS ORDER granting #28 Motion to Withdraw as Attorney. William Bard Brockman permitted to withdraw from case. Signed by Judge Beth Bloom (BB)
September 6, 2019 Filing 29 PLAINTIFF'S EMERGENCY MOTION for Reconsideration re #15 Order on Motion for Temporary Restraining Order, Order on Motion for Preliminary Injunction by Eliezer Taveras. (pcs)
September 6, 2019 Filing 28 MOTION to Withdraw as Attorney by W. Bard Brockman for / by Ocwen Loan Servicing LLC., U.S. Bank National Association. Responses due by 9/20/2019 (Brockman, William)
September 6, 2019 Opinion or Order Filing 27 GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES. Signed by Magistrate Judge Lauren Fleischer Louis on 9/6/2019. See attached document for full details. (aw)
September 5, 2019 Opinion or Order Filing 26 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Amended Pleadings due by 11/4/2019., Discovery due by 3/10/2020., Expert Discovery due by 3/10/2020., Joinder of Parties due by 11/4/2019., Mediation Deadline 3/24/2020., In Limine Motions due by 4/1/2020., Dispositive Motions due by 4/1/2020., Motions due by 4/1/2020., Pretrial Stipulation due by 6/22/2020., Jury Trial set for 7/6/2020 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 6/30/2020 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Magistrate Judge Lauren Fleischer Louis for Discovery Matters. Signed by Judge Beth Bloom on 9/5/2019. See attached document for full details. (pcs) #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.
September 5, 2019 Opinion or Order Filing 25 ORDER Granting #22 MOTION for Recusal MOTION to Disqualify Judge filed by Eliezer Taveras. Judge Cecilia M. Altonaga recused. Case reassigned to Judge Beth Bloom for all further proceedings. Signed by Judge Cecilia M. Altonaga on 9/5/2019. See attached document for full details. (vjk)
September 5, 2019 Filing 24 NOTICE of Attorney Appearance by William Bard Brockman on behalf of Ocwen Loan Servicing LLC., U.S. Bank National Association. Attorney William Bard Brockman added to party Ocwen Loan Servicing LLC.(pty:dft), Attorney William Bard Brockman added to party U.S. Bank National Association(pty:dft). (Brockman, William)
September 5, 2019 Filing 23 Certificate of Interested Persons and Corporate Disclosure Statement by Eliezer Taveras identifying Other Affiliate Consumer Financial Protection Bureau, Other Affiliate Ashley Moody, Other Affiliate State of Florida, Other Affiliate General State Attorney, Other Affiliate Zina Gabsi, Other Affiliate Bryan Cave Leighton Painser LLP for Eliezer Taveras (pcs)
September 4, 2019 Filing 22 PLAINTIFF MOTION FOR RECUSAL AND DISQUALIFICATION. MOTION for Recusal, MOTION to Disqualify Judge by Eliezer Taveras. (amb)
August 30, 2019 Filing 21 Joint SCHEDULING REPORT - Rule 16.1 by Ocwen Loan Servicing LLC., U.S. Bank National Association (Gabsi, Zina)
August 30, 2019 Filing 20 MOTION TO DISMISS #7 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by Ocwen Loan Servicing LLC., U.S. Bank National Association. Responses due by 9/13/2019 (Gabsi, Zina)
August 29, 2019 Filing 19 Corporate Disclosure Statement by Ocwen Loan Servicing LLC. identifying Corporate Parent PHH Corporation, Corporate Parent Ocwen Financial Corporation, Other Affiliate PHH Mortgage Corporation for Ocwen Loan Servicing LLC. (Gabsi, Zina)
August 29, 2019 Filing 18 Corporate Disclosure Statement by U.S. Bank National Association identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association (Gabsi, Zina)
August 28, 2019 Opinion or Order Filing 17 ORDER denying #16 Motion for E-Filing Authorization. Signed by Judge Cecilia M. Altonaga on 8/28/2019. See attached document for full details. (ps1)
August 28, 2019 Filing 16 MOTION For E-Filing Authorization by Eliezer Taveras. (vmz)
August 27, 2019 Opinion or Order Filing 15 ORDER denying #14 Emergency Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Cecilia M. Altonaga on 8/27/2019. See attached document for full details. (ps1)
August 23, 2019 Filing 14 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction (Responses due by 9/6/2019), by Eliezer Taveras. (pcs)
August 20, 2019 Opinion or Order Filing 13 ORDER that Defendants shall submit a single combined response or separate answers within the time permitted by the Rules. Signed by Judge Cecilia M. Altonaga on 8/20/2019. See attached document for full details. (ps1)
August 20, 2019 Opinion or Order Filing 12 Order Requiring Joint Scheduling Report and Certificates of Interested Parties to be filed by 9/3/2019. Signed by Judge Cecilia M. Altonaga on 8/20/2019. See attached document for full details. (ps1)
August 20, 2019 Filing 11 NOTICE of Attorney Appearance by Zina Gabsi on behalf of Ocwen Loan Servicing LLC., U.S. Bank National Association. Attorney Zina Gabsi added to party Ocwen Loan Servicing LLC.(pty:dft), Attorney Zina Gabsi added to party U.S. Bank National Association(pty:dft). (Gabsi, Zina)
August 16, 2019 Opinion or Order Filing 10 ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Cecilia M. Altonaga on 8/16/2019. See attached document for full details. (ps1)
August 16, 2019 Opinion or Order Filing 9 ORDER denying #8 Motion for Second Summons. Plaintiff is required to comply with Federal Rule of Civil Procedure 4 and is responsible for serving Defendants with the Amended Complaint [ECF No. 7] by November 10, 2019. Signed by Judge Cecilia M. Altonaga on 8/16/2019. See attached document for full details. (ps1)
August 14, 2019 Filing 8 Plaintiff Motion for Second Summons And Request To Accept Amended Complaint As Original Complaint by Eliezer Taveras. (vmz)
August 14, 2019 Filing 7 AMENDED COMPLAINT against Ocwen Loan Servicing LLC., U.S. Bank National Association, filed by Eliezer Taveras. (Attachments: #1 Exhibit)(vmz)
August 13, 2019 Opinion or Order Filing 6 ORDER dismissing #1 Complaint filed by Eliezer Taveras; Amended Complaint due by 8/22/2019. Signed by Judge Cecilia M. Altonaga on 8/13/2019. See attached document for full details. (ps1)
August 12, 2019 Filing 5 Summons Issued as to Ocwen Loan Servicing LLC., U.S. Bank National Association. (cds)
August 12, 2019 Filing 4 Clerks Notice of Receipt of Filing Fee received on 8/12/2019 in the amount of $ 400.00, receipt number FLS100192596. (jcs)
August 12, 2019 Filing 3 Consent by Pro Se Litigant (Non-Prisoner) Eliezer Taveras to receive Notices of Electronic Filing at email address: Etaveras2020@gmail.com (cds)
August 12, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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)
August 12, 2019 Filing 1 COMPLAINT against Ocwen Loan Servicing LLC., U.S. Bank National Association. Filing fees $ 400.00 Not Paid/No IFP, filed by Eliezer Taveras. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Summon(s))(cds)

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Plaintiff: Eliezer Taveras
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Defendant: U.S. Bank National Association
Represented By: Zina Gabsi
Represented By: William Bard Brockman
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Defendant: Ocwen Loan Servicing LLC.
Represented By: Zina Gabsi
Represented By: William Bard Brockman
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