Stewart v. U.S. BANK, N.A.
| William A Stewart |
| Rushmore Loan Management Services, LLC and U.S. BANK, N.A. not in its individual capacity but solely as owner trustee for LOAN ACQUISITION TRUST 2017-RPL1 |
| 1:2021cv21567 |
| April 23, 2021 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
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This docket was last retrieved on June 16, 2021. A more recent docket listing may be available from PACER.
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Filing 16
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filing. #14 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #14 is GRANTED. Whitney Horton of Dann Law, may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to notices@dannaw.com. Signed by Chief Judge K. Michael Moore on 6/16/2021. (thn)
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| Filing 15 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by Rushmore Loan Management Services, LLC, U.S. BANK, N.A. not in its individual capacity but solely as owner trustee for LOAN ACQUISITION TRUST 2017-RPL1. Responses due by 6/29/2021 (Attachments: #1 Exhibit 1)(Rosenthal, Greg) |
| Filing 14 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Whitney Horton. Filing Fee $ 200.00 Receipt # AFLSDC-14769878 by William A Stewart. Responses due by 6/29/2021 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Kerr, Jessica) |
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion for Extension of Time to File Response to Complaint. #12 . On April 23, 2021, Plaintiff filed the Complaint, #1 , and Defendants were served on May 3, 2021. #7 ; 8 . Thus, Defendants' deadline to respond was May 24, 2021. Now, Defendants are requesting a thirty (30) day extension of time to respond to the Complaint. #12 at 1. Defendants' request is unopposed. Id. at 2. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #12 is GRANTED. Defendants shall file their response to the Complaint #1 on or before June 23, 2021. Signed by Chief Judge K. Michael Moore on 5/20/2021. (thn)
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| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Rushmore Loan Management Services, LLC, U.S. BANK, N.A. not in its individual capacity but solely as owner trustee for LOAN ACQUISITION TRUST 2017-RPL1. (Rosenthal, Greg) |
| Filing 11 NOTICE of Attorney Appearance by Greg Howard Rosenthal on behalf of Rushmore Loan Management Services, LLC, U.S. BANK, N.A. not in its individual capacity but solely as owner trustee for LOAN ACQUISITION TRUST 2017-RPL1. Attorney Greg Howard Rosenthal added to party Rushmore Loan Management Services, LLC(pty:dft), Attorney Greg Howard Rosenthal added to party U.S. BANK, N.A. not in its individual capacity but solely as owner trustee for LOAN ACQUISITION TRUST 2017-RPL1(pty:dft). (Rosenthal, Greg) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by William A Stewart. U.S. BANK, N.A. not in its individual capacity but solely as owner trustee for LOAN ACQUISITION TRUST 2017-RPL1 served on 5/3/2021, answer due 5/24/2021. (Attachments: #1 Summon(s) Returned Executed)(Kerr, Jessica) |
| Filing 9 Clerks Notice to Filer re #7 Summons Returned Executed. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see de # 8 Summons Returned Executed. It is not necessary to refile this document. (mee) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by William A Stewart. Rushmore Loan Management Services, LLC served on 5/3/2021, answer due 5/24/2021. For image see d.e. #7 . (mee) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by William A Stewart. Rushmore Loan Management Services, LLC served on 4/26/2021, answer due 5/17/2021. (Attachments: #1 Summon(s) Returned Executed)(Kerr, Jessica) |
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN FLEISCHER LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren Fleischer Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren Fleischer Louis' discovery procedures. Signed by Chief Judge K. Michael Moore on 4/26/2021. (thn)
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Filing 5
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 4/26/2021. (thn)
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| Filing 4 Bar Letter re: Admissions sent to attorney Marc E. Dann, mailing date 04/23/2021, (cco) |
| Filing 3 Summons Issued as to Rushmore Loan Management Services, LLC, U.S. BANK, N.A. not in its individual capacity but solely as owner trustee for LOAN ACQUISITION TRUST 2017-RPL1. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (mee) |
| Filing 1 COMPLAINT against Rushmore Loan Management Services, LLC, U.S. BANK, N.A. not in its individual capacity but solely as owner trustee for LOAN ACQUISITION TRUST 2017-RPL1. Filing fees $ 402.00 receipt number AFLSDC-14630767, filed by William A Stewart. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Exhibit U)(Kerr, Jessica) |
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