21st Mortgage Corporation v. Eskanos et al
| 21st Mortgage Corporation |
| Washington Mutual Bank doing business as JPMorgan Chase Bank, USA Small Business Administration, Ami Eskanos, Unknown Tenant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Eskanos Enterprises, Barry Eskanos and United States of America Internal Revenue Service |
| FDIC as Receiver for Washington Mutual Bank, Knoxville 2012 Trust and Christiana Trust, a Division of Wilmington Savings Fund Society, FSB |
| Christiana Trust, A Division of Wilmington Savings Fund Society |
| 1:2021cv21047 |
| March 18, 2021 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| John J O'Sullivan |
| Banks and Banking |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on April 30, 2021. A more recent docket listing may be available from PACER.
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| Filing 46 RESPONSE in Opposition re #28 MOTION Defendants' Motion to Have the Originals of those Questioned Documents Transferred from Miami Dade Circuit Court to the US District Court: Motion to Inspect Document in Court's Possession; Dismissal of First Amended Complaint for Filin, #27 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,,, filed by 21st Mortgage Corporation. Replies due by 5/7/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dell-Powell, Denise) |
Filing 45
ENDORSED ORDER granting #43 Motion for Extension of Time to File. Plaintiff shall file their responses by April 30, 2021. Signed by Judge Marcia G. Cooke on 4/29/2021. (cpo)
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| Set Deadlines per DE 45 Order as to #27 & #28 Motions. Responses due by 4/30/2021 (kpe) |
| Filing 44 MEMORANDUM in Opposition re #27 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,,, by 21st Mortgage Corporation. (Attachments: #1 Exhibit, #2 Exhibit)(Dell-Powell, Denise) |
| Filing 43 MOTION for Extension of Time to File Response/Reply/Answer as to #28 MOTION Defendants' Motion to Have the Originals of those Questioned Documents Transferred from Miami Dade Circuit Court to the US District Court: Motion to Inspect Document in Court's Possession; Dismissal of First Amended Complaint for Filin, #27 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,,, by 21st Mortgage Corporation. (Dell-Powell, Denise) |
| Filing 42 NOTICE of Attorney Appearance by Denise Damaris Dell-Powell on behalf of Knoxville 2012 Trust, Christiana Trust, a Division of Wilmington Savings Fund Society, FSB. Attorney Denise Damaris Dell-Powell added to party Knoxville 2012 Trust(pty:cd), Attorney Denise Damaris Dell-Powell added to party Christiana Trust, a Division of Wilmington Savings Fund Society, FSB (pty:cd). (Dell-Powell, Denise) |
| Filing 41 Clerks Non-Entry of Default as to Christiana Trust, A Division of Wilmington Savings Fund Society, Knoxville 2012 Trust - Motions Terminated: #40 Motion for Clerks Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket Signed by DEPUTY CLERK on 4/23/2021. (mee) |
| Filing 40 Barry Eskanos and Ami Eskanos Motion for Clerk's Entry of Default Against Knoxville 2012 Trust, Christiana Trust, A Division of Wilmington Savings Fund Society,FSB by Ami Eskanos, Barry Eskanos. (Attachments: #1 Exhibit)(mee) |
| Filing 39 MEMORANDUM in Support re #14 Notice of Pending, Refiled, Related or Similar Actions Plaintiff's Motion for Summary Judgment by 21st Mortgage Corporation. (Attachments: #1 Exhibit)(Dell-Powell, Denise) |
| Filing 38 Amended Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by 21st Mortgage Corporation (Dell-Powell, Denise) |
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Filing 37
ENDORSED ORDER granting #32 Motion for Extension of Time. Plaintiff shall file their memorandum in support of the motion for summary judgment by April 21, 2021. Signed by Judge Marcia G. Cooke on 4/20/2021. (cpo)
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| Filing 36 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by 21st Mortgage Corporation (Dell-Powell, Denise) |
| Filing 35 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),,,, Federal Deposit Insurance Corporation as Receiver for Washington Mutual Bank's Motion to Dismiss Counterclaims (Located at ECF 1-2 - Exhibit B to Notice of Removal) by FDIC as Receiver for Washington Mutual Bank. Responses due by 5/3/2021 (Attachments: #1 Exhibit First Proof of Claim, #2 Exhibit April 8, 2014 Letter Denying First Proof of Claim, #3 Exhibit Second Proof of Claim, #4 Exhibit August 26, 2014 Letter Denying Second Proof of Claim, #5 Exhibit Notice of Filing Affidavit of Keith E. Carson (with attached Affidavit), filed February 14, 2014 in Miami Dade Case No. 12-22689 CA 02)(Kaufman, Dora) |
| Filing 34 Certificate of Other Affiliates/Corporate Disclosure Statement by Washington Mutual Bank identifying Corporate Parent JPMorgan Chase & Co. for Washington Mutual Bank (Tomassi, Ronald) |
| Filing 33 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint),,,, by Washington Mutual Bank. Responses due by 4/29/2021 (Attachments: #1 Exhibit Docket from the Indiana Trial Court Case, #2 Exhibit Docket from the Indiana Appeal, #3 Exhibit Docket from First Foreclosure Case, #4 Exhibit Docket from the Fraudulent Transfer Action, #5 Exhibit Docket from Ohio Action, #6 Exhibit Ohio Stay Order, #7 Exhibit Feb 23 2014 Order, #8 Exhibit Indiana Court of Appeals Opinion, #9 Exhibit Docket from Indiana Criminal Case, #10 Exhibit Order of Guilt and Sentencing)(Tomassi, Ronald) |
| Filing 32 Unopposed MOTION for Extension of Time to File Memorandum of Law Under S.D. Fla. L.R. 7.2 re #14 Notice of Pending, Refiled, Related or Similar Actions by 21st Mortgage Corporation. Responses due by 4/29/2021 (Attachments: #1 Proposed Order)(Dell-Powell, Denise) |
| Filing 31 MEMORANDUM in Support re #14 Notice of Pending, Refiled, Related or Similar Actions Motion to Strike Barry and Ami Eskanos' First Amended Answer and Affirmative Defenses, and Dismiss the Counterclaims by 21st Mortgage Corporation. (Attachments: #1 Exhibit A - Motion to Strike)(Dell-Powell, Denise) |
| Filing 30 MOTION to Set Aside Default by USA Small Business Administration. (Attachments: #1 Text of Proposed Order)(Embrey, Arlene) |
| Filing 29 Defendant Barry and Ami Eskanos' Opposition to Plaintiff's Motion to Compel and for Sanctions re #1 Notice of Removal (State Court Complaint) by Barry Eskanos, Ami Eskanos. Modified text on 4/14/2021 (mee). |
| Filing 28 MOTION Defendants' Motion to Have the Originals of those Questioned Documents Transferred from Miami Dade Circuit Court to the US District Court: Motion to Inspect Document in Court's Possession; Dismissal of First Amended Complaint for Filing a Forged Document with this Court; and imposition of Sanctions by Barry Eskanos. (Attachments: #1 Exhibit)(mee) (Attachment 1 replaced due images on 4/29/2021) (nc). |
| Filing 27 Defendant Barry Eskanos' Motion to Dismiss the First Amended Complaint for Want of Standing and Jurisdiction #1 Notice of Removal (State Court Complaint) by Barry Eskanos. Responses due by 4/27/2021 (Attachments: #1 Exhibit)(mee) |
| Filing 26 NOTICE of Attorney Appearance by Arlene M Embrey on behalf of USA Small Business Administration. Attorney Arlene M Embrey added to party USA Small Business Administration(pty:dft). (Embrey, Arlene) |
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Filing 25
ENDORSED ORDER granting #24 Motion for Extension of Time. Defendant JPMorgan Chase Bank, N.A. shall have through April 15, 2021 to file its response to Counter-Plaintiffs Counterclaims. Signed by Judge Marcia G. Cooke on 4/7/2021. (cpo)
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| Filing 24 Second MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),,,, by Washington Mutual Bank. (Attachments: #1 Text of Proposed Order)(Tomassi, Ronald) |
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Filing 23
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES, Referring Case to Ch. Magistrate Judge John J. O'Sullivan for Pretrial Non-Dispositive Matters. Signed by Judge Marcia G. Cooke on 4/5/2021. See attached document for full details. (pes)
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Filing 22
ENDORSED ORDER granting #20 Motion for Extension of Time. Plaintiff's memoranda in support of its motions to strike and motion for summary judgment shall be filed by April 15, 2021. Signed by Judge Marcia G. Cooke on 4/5/2021. (cpo)
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| Filing 21 NOTICE by 21st Mortgage Corporation re #19 Memorandum (Dell-Powell, Denise) |
| Filing 20 MOTION for Extension of Time to File Memorandums of Law Under S.D. Fla. L.R. 7.2 re #14 Notice of Pending, Refiled, Related or Similar Actions by 21st Mortgage Corporation. Responses due by 4/15/2021 (Dell-Powell, Denise) |
| Filing 19 MEMORANDUM in Support re #14 Notice of Pending, Refiled, Related or Similar Actions by 21st Mortgage Corporation. (Dell-Powell, Denise) |
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Filing 18
ENDORSED ORDER granting #13 Motion for Clarification. Counterclaim Defendant, Federal Deposit Insurance Corporation as Receiver for Washington Mutual Bank, shall file their response by April 19, 2021. Signed by Judge Marcia G. Cooke on 3/30/2021. (cpo)
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Filing 17
ENDORSED ORDER denying as moot #10 Motion for Extension of Time to File Response/Reply/Answer. See ECF No. 16. Signed by Judge Marcia G. Cooke on 3/30/2021. (cpo)
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Filing 16
ENDORSED ORDER granting #12 Motion for Extension of Time to File. Counterclaim Defendant JP Morgan Chase Bank shall file their response by April 8, 2021. Signed by Judge Marcia G. Cooke on 3/30/2021. (cpo)
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| Filing 15 MOTION to Set Aside Default by United States of America Internal Revenue Service. Attorney John P. Nasta added to party United States of America Internal Revenue Service(pty:dft). (Nasta, John) |
| Filing 14 Notice of Pending, Refiled, Related or Similar Actions by 21st Mortgage Corporation (Dell-Powell, Denise) |
| Filing 13 Unopposed MOTION for clarification #1 Notice of Removal (State Court Complaint),,,, Unopposed Motion for Clarification or Extension of Deadline for Federal Deposit Insurance Corporation as Receiver for Washington Mutual Bank's Response to Counterclaim - Exhibit B Titled - Summons and Pleadings Served on FDIC, by FDIC as Receiver for Washington Mutual Bank. Responses due by 4/7/2021 (Kaufman, Dora) |
| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),,,, by Washington Mutual Bank. (Attachments: #1 Exhibit Exhibit, #2 Text of Proposed Order)(Tomassi, Ronald) |
| Filing 11 NOTICE by Barry Eskanos of Circuit Court Order (Attachments: #1 Exhibit Order Granting Motion to Withdraw Attorney Representation) (Morales, Derrick) |
| Filing 10 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),,,, by Washington Mutual Bank. (Attachments: #1 Text of Proposed Order)(Tomassi, Ronald) |
| Filing 9 NOTICE of Attorney Appearance by Denise Damaris Dell-Powell on behalf of 21st Mortgage Corporation. Attorney Denise Damaris Dell-Powell added to party 21st Mortgage Corporation(pty:pla). (Dell-Powell, Denise) |
| Filing 8 CERTIFICATE OF SERVICE by FDIC as Receiver for Washington Mutual Bank re #5 Bar Letter Certificate of Service [ECF 5] (Kaufman, Dora) |
| Filing 7 NOTICE of Attorney Appearance by Derek Eduardo Leon on behalf of Washington Mutual Bank. Attorney Derek Eduardo Leon added to party Washington Mutual Bank(pty:dft). (Leon, Derek) |
| Filing 6 NOTICE of Attorney Appearance by Ronald Joseph Tomassi, Jr on behalf of Washington Mutual Bank. Attorney Ronald Joseph Tomassi, Jr added to party Washington Mutual Bank(pty:dft). (Tomassi, Ronald) |
| Filing 5 Bar Letter re: Admissions sent to attorney Felipe Guerrero, Danny E. Eskanos, mailing date 03/19/2021, (cco) |
| Filing 4 NOTICE by FDIC as Receiver for Washington Mutual Bank re 3 Clerks Notice to Filer re: Electronic Case Notice of Filing Civil Cover Sheet (Kaufman, Dora) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan 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 - Counterclaims of Barry B. Eskanos and Ami B. Eskanos against FDIC as Receiver of Washington Mutual Bank et al..) Filing fee $402.00. Pursuant to 12 USC 1819 (b)(2)(B) - Filing Fee - Waived, filed by FDIC as Receiver for Washington Mutual Bank. (Attachments: #1 Exhibit Appt of FDIC as Receiver for WAMU, #2 Exhibit Summons and Pleadings Served on FDIC, #3 Exhibit Docket for Case No. 2018-006844-CA-01, #4 Exhibit State Court Filing, #5 Exhibit State Court Filing, #6 Exhibit State Court Filing, #7 Exhibit State Court Filing, #8 Exhibit State Court Filing, #9 Exhibit State Court Filing, #10 Exhibit State Court Filing, #11 Exhibit State Court Filing, #12 Exhibit State Court Filing, #13 Exhibit State Court Filing, #14 Exhibit State Court Filing, #15 Exhibit State Court Filing, #16 Exhibit State Court Filing, #17 Exhibit State Court Filing, #18 Exhibit State Court Filing, #19 Exhibit State Court Notice - RE: Removal)(Kaufman, Dora) Text Modified on 3/18/2021 (cds). Answer Filed (See Exh.#2)/Motion to Dismiss Filed (See Exh.#12). |
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