Morrill v. Lakeview Loan Servicing, LLC
| Jennifer Morrill, Shannon Thomas, John McMahon, Jorge Gonzalez, Deborah Hamilton, Beth Berg, Samantha Farley, Kristin Milewski, Thomas Lapenter, Emily Holt, Hardik Sevak, William Blando, Julie Abraham, Peter Wojciechowski, Dylan Normile, Jessica Valente-Brodrick, April Burnett, Denise Scott, Julia Franke, Ashley Cashon, Richard Cashon, Nilsa Miseneik, Christopher Sparks, David Kraus and Derek Crenshaw |
| LAKEVIEW LOAN SERVICING LLC, Lakeview Loan Servicing, LLC and Robert Martin |
| Evelyn Rivera, Alishia Cartagena, Doreen Endress, Robert Keach, Maureen Keach, Jay Saporta, Andrew Guarino, Richard Kunz, Johnie Kimbrough, Matthew Myers, Stephenie Stone, Loleta Riley, Season Taylor, Matthew Taylor, Cindy J. Villanueva, Michael Kassem, Kimberley Rowton, Michael Garcia, John T. Johnson, David Cunningham, JUDITH CEFALY, Albert Brumitt, Ronald Lesky, Sonja McCaleb, Brian Walter and Dhaval Vaishnav |
| Pingora Loan Servicing, LLC, Bayview Asset Management, LLC, Pingora Asset Management, LLC, Community Loan Servicing, LLC and Cathryne Fera |
| Anthony Oglesby and Teresa Oglesby |
| 1:2022cv20955 |
| March 29, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Edwin G Torres |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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| Filing 133 Notice of Supplemental Authority re #71 Response in Opposition to Motion, by Julie Abraham, Beth Berg, William Blando, April Burnett, Ashley Cashon, Richard Cashon, Derek Crenshaw, Samantha Farley, Julia Franke, Jorge Gonzalez, Deborah Hamilton, Emily Holt, David Kraus, Thomas Lapenter, John McMahon, Kristin Milewski, Nilsa Miseneik, Jennifer Morrill, Dylan Normile, Denise Scott, Hardik Sevak, Christopher Sparks, Shannon Thomas, Jessica Valente-Brodrick, Peter Wojciechowski (Attachments: #1 Exhibit A) (Kane, Julie) |
| Filing 132 PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Edwin G. Torres: Discovery Hearing held on 10/19/2023. Attorney Appearance(s): Stuart Andrew Davidson, Nicolle B. Brito, Julie Singer Brady. (Digital 14:41:24) Total time in court: 1 hour(s) : 44 minutes. (mdc) |
| Filing 131 NOTICE of Attorney Appearance by Jacob Joseph Givner on behalf of Bayview Asset Management, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC. Attorney Jacob Joseph Givner added to party Bayview Asset Management, LLC(pty:condft), Attorney Jacob Joseph Givner added to party Lakeview Loan Servicing, LLC(pty:dft), Attorney Jacob Joseph Givner added to party Pingora Loan Servicing, LLC(pty:condft). (Givner, Jacob) |
| Filing 130 NOTICE of Attorney Appearance by Kevin David Salinas on behalf of Bayview Asset Management, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC. Attorney Kevin David Salinas added to party Bayview Asset Management, LLC(pty:condft), Attorney Kevin David Salinas added to party Lakeview Loan Servicing, LLC(pty:dft), Attorney Kevin David Salinas added to party Pingora Loan Servicing, LLC(pty:condft). (Salinas, Kevin) |
| Filing 129 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Ryan Dennis Maxey re #128 Notice of Change of Address, Email or Law Firm Name. Attorney Ryan Dennis Maxey has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 128 NOTICE of Change of Address, Email or Law Firm Name by Ryan Dennis Maxey (Maxey, Ryan) |
Filing 127
PAPERLESS ORDER setting #59 Defendants' Motion to Dismiss Consolidated Class Action Complaint and Incorporated Memorandum of law for hearing. The hearing shall occur on Thursday, October 26, 2023 at 3:00 pm in Room 11-1 of the Wilkie D. Ferguson, Jr. United States Courthouse, 400 N. Miami Avenue, Miami, FL 33128. This case shall be stayed and closed for administrative purposes pending the Court's ruling on the Motion. Pending discovery and any hearings scheduled by the Magistrate Judge shall be excluded from the stay. Signed by Judge Darrin P. Gayles on 9/27/2023. (bs00)
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| Filing 126 PAPERLESS ORDER granting #125 joint motion for hearing. A discovery hearing is set for 10/19/2023 at 2:30 PM before Chief Magistrate Judge Edwin G. Torres. The hearing will take place in person at the United States Courthouse, 99 N.E. Fourth Street, Tenth Floor, Courtroom Five, Miami, Florida. Signed by Chief Magistrate Judge Edwin G. Torres on 9/25/2023. (elk) |
| Filing 125 Joint MOTION for Hearing by Julie Abraham, Bayview Asset Management, LLC, Beth Berg, William Blando, April Burnett, Ashley Cashon, Richard Cashon, Community Loan Servicing, LLC, Derek Crenshaw, Samantha Farley, Julia Franke, Jorge Gonzalez, Deborah Hamilton, Emily Holt, David Kraus, Thomas Lapenter, John McMahon, Kristin Milewski, Nilsa Miseneik, Jennifer Morrill, Dylan Normile, Pingora Asset Management, LLC, Pingora Loan Servicing, LLC, Denise Scott, Hardik Sevak, Christopher Sparks, Shannon Thomas, Jessica Valente-Brodrick, Peter Wojciechowski. Attorney Julie Braman Kane added to party Julie Abraham(pty:pla), Attorney Julie Braman Kane added to party Bayview Asset Management, LLC(pty:condft), Attorney Julie Braman Kane added to party Beth Berg(pty:pla), Attorney Julie Braman Kane added to party William Blando(pty:pla), Attorney Julie Braman Kane added to party April Burnett(pty:pla), Attorney Julie Braman Kane added to party Ashley Cashon(pty:pla), Attorney Julie Braman Kane added to party Richard Cashon(pty:pla), Attorney Julie Braman Kane added to party Community Loan Servicing, LLC(pty:condft), Attorney Julie Braman Kane added to party Derek Crenshaw(pty:pla), Attorney Julie Braman Kane added to party Samantha Farley(pty:pla), Attorney Julie Braman Kane added to party Julia Franke(pty:pla), Attorney Julie Braman Kane added to party Jorge Gonzalez(pty:pla), Attorney Julie Braman Kane added to party Deborah Hamilton(pty:pla), Attorney Julie Braman Kane added to party Emily Holt(pty:pla), Attorney Julie Braman Kane added to party David Kraus(pty:pla), Attorney Julie Braman Kane added to party Thomas Lapenter(pty:pla), Attorney Julie Braman Kane added to party John McMahon(pty:pla), Attorney Julie Braman Kane added to party Kristin Milewski(pty:pla), Attorney Julie Braman Kane added to party Nilsa Miseneik(pty:pla), Attorney Julie Braman Kane added to party Dylan Normile(pty:pla), Attorney Julie Braman Kane added to party Pingora Asset Management, LLC(pty:condft), Attorney Julie Braman Kane added to party Pingora Loan Servicing, LLC(pty:condft), Attorney Julie Braman Kane added to party Denise Scott(pty:pla), Attorney Julie Braman Kane added to party Hardik Sevak(pty:pla), Attorney Julie Braman Kane added to party Christopher Sparks(pty:pla), Attorney Julie Braman Kane added to party Shannon Thomas(pty:pla), Attorney Julie Braman Kane added to party Jessica Valente-Brodrick(pty:pla), Attorney Julie Braman Kane added to party Peter Wojciechowski(pty:pla). (Kane, Julie) |
| Filing 124 Notice of Ninety Days Expiring by Bayview Asset Management, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC re #59 Defendant's MOTION TO DISMISS #47 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Pingora Loan Servicing, LLC, Bayview Asset Management, LLC, Lakeview Loan Servicing, LLC (Brady, Julie) |
| Filing 123 Notice of Supplemental Authority re #59 Defendant's MOTION TO DISMISS #47 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Bayview Asset Management, LLC, Community Loan Servicing, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC (Attachments: #1 Exhibit A) (Brady, Julie) |
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Filing 122
PAPERLESS ORDER granting the Parties' #121 Joint Motion to Amend the Scheduling Order. The Motion is granted as follows: (1) Plaintiffs shall file their motion for class certification and serve any class expert reports or declarations in support of the same on or before May 28, 2024; (2) Defendants shall file their opposition to Plaintiffs motion for class certification and serve any class expert reports or declarations in support of the same on or before July 30, 2024; (3) Plaintiffs shall file their reply brief in support of their motion for class certification and serve any rebuttal class expert reports or declarations in support of the same on or before September 12, 2024; (4) Plaintiffs shall make their expert(s) available for deposition on date(s) within fifteen (15) days after the deadline for Plaintiffs to file their motion for class certification; (5) Defendants shall make their expert(s) available for deposition on date(s) within fifteen (15) days after the deadline for Defendants to file their opposition to Plaintiffs motion for class certification; (6) All other deadlines outlined in this Courts #53 Scheduling Order are terminated; (7) The jury trial set for July 29, 2024 and the July 24, 2024 calendar call are canceled; and (8) The Parties shall file a joint proposed amended scheduling order for the balance of the litigation within twenty-one (21) days of this Courts ruling on the motion for class certification. Signed by Judge Darrin P. Gayles on 9/7/2023. (bs00)
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| Filing 121 Joint MOTION to Amend/Correct Scheduling Order by Jennifer Morrill. Responses due by 9/19/2023 (Kane, Julie) |
| Filing 120 Notice of Supplemental Authority by Richard Kunz, Ronald Lesky, John McMahon, Stephenie Stone (Attachments: #1 Exhibit A) (Davidson, Stuart) |
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Filing 119
PAPERLESS ORDER granting #117 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Jordan Isern is permitted to appear before this Court on behalf Plaintiffs Evelyn Rivera, Stephanie Stone, Jorge Gonzalez, Robert Keach, Cindy Villanueva, Deborah Hamilton, Michael Kassem, Beth Berg, Savannah Farley, Thomas Lapenter, Hardik Sevak, William Blando, Julie Abraham, Peter Wojciechowski, Kimberley Rowton, Dylan Normile, Jessica Valente-Brodrick, April Burnett, Denise Scott, Ashley Cashon, Richard Cashon, Nilsa Misencik, Robert Martin, Christopher Sparks, David Kraus, John McMahon, Shannon Thomas, Mathew Myers, Jay Saporta, David Cunningham, and John T. Johnson, for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Jordan Isern at jisern@girardsharp.com. Signed by Judge Darrin P. Gayles on 8/14/2023. (mja)
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Filing 118
PAPERLESS ORDER denying as moot #111 Defendants' Motion to Quash or Modify Third-Party Subpoenas in light of the parties' #116 Joint Stipulation Regarding Defendants' Motion to Quash or Modify Third-Party Subpoenas. The Joint Stipulation indicates Defendants' withdrawal of the Motion without prejudice. Signed by Judge Darrin P. Gayles on 8/14/2023. (mja)
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| Filing 117 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jordan Isern. Filing Fee $ 200.00 Receipt # AFLSDC-16828507 by Albert Brumitt, Alishia Cartagena, David Cunningham, Doreen Endress, Michael Garcia, Andrew Guarino, John T. Johnson, Michael Kassem, Maureen Keach, Robert Keach, Johnie Kimbrough, Richard Kunz, Ronald Lesky, Sonja McCaleb, John McMahon, Jennifer Morrill, Matthew Myers, Anthony Oglesby, Teresa Oglesby, Loleta Riley, Evelyn Rivera, Kimberley Rowton, Jay Saporta, Stephenie Stone, Matthew Taylor, Season Taylor, Shannon Thomas, Dhaval Vaishnav, Cindy J. Villanueva, Brian Walter. Responses due by 8/23/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Yanchunis, John) |
| Filing 116 STIPULATION Regarding Defendant's Motion to Quash or Modify Third-Party Subpeonas by Jennifer Morrill (Kane, Julie) |
| Filing 115 PAPERLESS ORDER striking #114 motion to compel because it is procedurally deficient. Section 3 of this Court's standing discovery order #54 prohibits the parties from raising discovery disputes in motions filed pursuant to Federal Rule of Civil Procedure 37. Instead, the parties are required to follow the discovery calendar procedures defined by the standing discovery order. Defendants failed to abide by this instruction and therefore their motion must be stricken. Regarding our weekly discovery calendar, the parties are further advised that the Court's scheduling procedures have recently changed. The most recent version of the Court's standing discovery order, which defines these scheduling procedures, can be located by navigating to the Undersigned's page on the Court's website. Signed by Chief Magistrate Judge Edwin G. Torres on 7/26/2023. (elk) |
| Filing 114 (STRICKEN PER DE#115) MOTION to Compel Plaintiff to Produce Documents Responsive to Request for Production No. 7 by Bayview Asset Management, LLC, Community Loan Servicing, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC. Responses due by 8/9/2023 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Text of Proposed Order)(Brady, Julie) Modified text on 7/26/2023 (scn). |
| Filing 113 NOTICE of Mediator Selection. Selected/Added Rodney Max as Mediator. (Kane, Julie) |
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Filing 112
PAPERLESS ORDER granting #110 Plaintiffs' Unopposed Motion to Authorize Counsel Admitted Pro Hac Vice in Underlying Consolidated Cases to Practice Pro Hac Vice in the Consolidated Matter. All counsel for Plaintiffs admitted pro hac vice in the underlying cases shall be deemed admitted pro hac vice in this consolidated action. Signed by Judge Darrin P. Gayles on 7/14/2023. (nce)
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| Filing 111 Defendant's MOTION to Quash or Modify Third-Party Subpoenas by Bayview Asset Management, LLC, Community Loan Servicing, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC. Attorney Julie Singer Brady added to party Community Loan Servicing, LLC(pty:condft). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Text of Proposed Order)(Brady, Julie) |
| Filing 110 Plaintiff's Motion to Authorize Counsel Admitted PHV in Underlying Consolidated Cases to Practice PHV in the Consolidated Matter by Jennifer Morrill. (Kane, Julie) Modified text on 7/14/2023 (scn). |
| Filing 109 Notice of Supplemental Authority by Jennifer Morrill (Attachments: #1 Exhibit) (Kane, Julie) |
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Filing 108
PAPERLESS ORDER granting #107 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Jean Sutton Martin is permitted to appear before this Court on behalf of Plaintiffs for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Jean Sutton Martin at jeanmartin@forthepeople.com. Signed by Judge Darrin P. Gayles on 6/28/2023. (mja)
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| Filing 107 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jean Sutton Martin. Filing Fee $ 200.00 Receipt # AFLSDC-16723063 by Albert Brumitt, Alishia Cartagena, David Cunningham, Doreen Endress, Michael Garcia, Andrew Guarino, John T. Johnson, Michael Kassem, Maureen Keach, Robert Keach, Johnie Kimbrough, Richard Kunz, Ronald Lesky, Sonja McCaleb, John McMahon, Jennifer Morrill, Matthew Myers, Anthony Oglesby, Teresa Oglesby, Loleta Riley, Evelyn Rivera, Kimberley Rowton, Jay Saporta, Stephenie Stone, Matthew Taylor, Season Taylor, Shannon Thomas, Dhaval Vaishnav, Cindy J. Villanueva, Brian Walter. Attorney John Allen Yanchunis, Sr added to party Michael Garcia(pty:conpla), Attorney John Allen Yanchunis, Sr added to party John T. Johnson(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Michael Kassem(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Johnie Kimbrough(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Ronald Lesky(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Sonja McCaleb(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Matthew Myers(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Anthony Oglesby(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Teresa Oglesby(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Loleta Riley(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Kimberley Rowton(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Matthew Taylor(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Season Taylor(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Dhaval Vaishnav(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Brian Walter(pty:conpla). Responses due by 7/11/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Yanchunis, John) |
| Filing 106 NOTICE by Albert Brumitt, Alishia Cartagena, Judith Cefaly, David Cunningham, Doreen Endress, Michael Garcia, Andrew Guarino, John T. Johnson, Michael Kassem, Maureen Keach, Robert Keach, Johnie Kimbrough, Richard Kunz, Ronald Lesky, Sonja McCaleb, John McMahon, Jennifer Morrill, Matthew Myers, Anthony Oglesby, Teresa Oglesby, Loleta Riley, Evelyn Rivera, Kimberley Rowton, Jay Saporta, Stephenie Stone, Matthew Taylor, Season Taylor, Shannon Thomas, Dhaval Vaishnav, Cindy J. Villanueva, Brian Walter to Serve Subpoenas. Attorney Gary Michael Klinger added to party Albert Brumitt(pty:conpla), Attorney Gary Michael Klinger added to party Alishia Cartagena(pty:conpla), Attorney Gary Michael Klinger added to party Judith Cefaly(pty:conpla), Attorney Gary Michael Klinger added to party David Cunningham(pty:conpla), Attorney Gary Michael Klinger added to party Doreen Endress(pty:conpla), Attorney Gary Michael Klinger added to party Michael Garcia(pty:conpla), Attorney Gary Michael Klinger added to party John T. Johnson(pty:conpla), Attorney Gary Michael Klinger added to party Michael Kassem(pty:conpla), Attorney Gary Michael Klinger added to party Maureen Keach(pty:conpla), Attorney Gary Michael Klinger added to party Robert Keach(pty:conpla), Attorney Gary Michael Klinger added to party Johnie Kimbrough(pty:conpla), Attorney Gary Michael Klinger added to party Richard Kunz(pty:conpla), Attorney Gary Michael Klinger added to party Ronald Lesky(pty:conpla), Attorney Gary Michael Klinger added to party Sonja McCaleb(pty:conpla), Attorney Gary Michael Klinger added to party John McMahon(pty:conpla), Attorney Gary Michael Klinger added to party Jennifer Morrill(pty:pla), Attorney Gary Michael Klinger added to party Matthew Myers(pty:conpla), Attorney Gary Michael Klinger added to party Anthony Oglesby(pty:conpla), Attorney Gary Michael Klinger added to party Teresa Oglesby(pty:conpla), Attorney Gary Michael Klinger added to party Loleta Riley(pty:conpla), Attorney Gary Michael Klinger added to party Evelyn Rivera(pty:conpla), Attorney Gary Michael Klinger added to party Kimberley Rowton(pty:conpla), Attorney Gary Michael Klinger added to party Jay Saporta(pty:conpla), Attorney Gary Michael Klinger added to party Stephenie Stone(pty:conpla), Attorney Gary Michael Klinger added to party Matthew Taylor(pty:conpla), Attorney Gary Michael Klinger added to party Season Taylor(pty:conpla), Attorney Gary Michael Klinger added to party Shannon Thomas(pty:conpla), Attorney Gary Michael Klinger added to party Shannon Thomas(pty:pla), Attorney Gary Michael Klinger added to party Dhaval Vaishnav(pty:conpla), Attorney Gary Michael Klinger added to party Cindy J. Villanueva(pty:conpla), Attorney Gary Michael Klinger added to party Brian Walter(pty:conpla). (Klinger, Gary) |
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Filing 105
PAPERLESS ORDER dismissing case without prejudice as to the individual claims for Plaintiffs Cathryne Fera, Derek Crenshaw, Judith Cefaly, Julia Franke, Kristine Milewski, and Emily Holt in light of the #104 Notice of Voluntary Dismissal Without Prejudice. This dismissal shall not affect the claims of any other Plaintiffs or putative class members in this action. The remaining parties shall continue to adhere to the instructions and deadlines contained in the initial #19 Consolidation Order and the operative #53 Scheduling Order. Signed by Judge Darrin P. Gayles on 5/8/2023. (mja)
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| Filing 104 NOTICE of Voluntary Dismissal Without Prejudice by Jennifer Morrill (Kane, Julie) Modified text to match document title on 5/8/2023 (pcs). |
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Filing 103
PAPERLESS ORDER granting Plaintiffs' #102 Motion to Withdraw as Counsel. The Clerk is directed to remove Attorney Eric S. Dwoskin from the docket and cease delivery of notifications of electronic filings to him. Signed by Judge Darrin P. Gayles on 5/1/2023. (mja)
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| Filing 102 MOTION to Withdraw as Attorney by Eric S. Dwoskin for / by Richard Kunz, John McMahon, Stephenie Stone. Responses due by 5/15/2023 (Attachments: #1 Text of Proposed Order)(Davidson, Stuart) |
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Filing 101
ORDER OF CONSOLIDATION: ORDERED AND ADJUDGED that Lesky v. Community Loan Servicing, LLC, No. 1:23-cv-20038-DPG, Oglesby et al. v. Lakeview Loan Servicing, LLC, No. 1:23-cv-20749-DPG, and Vaishnav v. Pingora Loan Servicing, LLC, No. 1:23-cv-20989-DPG, shall be consolidated with the actions in Master File Case No. 1:22-cv-20955-DPG for all pre-trial purposes pursuant to Federal Rule of Civil Procedure 42(a). The parties shall adhere to the instructions and deadlines contained in the initial Consolidation Order [Master File ECF No. 19]. The Clerk is directed to administratively CLOSE Lesky v. Community Loan Servicing, LLC, No. 1:23-cv-20038-DPG, Oglesby et al. v. Lakeview Loan Servicing, LLC, No. 1:23-cv-20749-DPG, and Vaishnav v. Pingora Loan Servicing, LLC, No. 1:23-cv-20989-DPG. Signed by Judge Darrin P. Gayles on 3/29/2023. See attached document for full details. (caw)
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| Filing 100 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorneys Bradley Mathew Beall, Nicolle B. Brito and Eric Scott Dwoskin re #97 Notice of Change of Address, Email or Law Firm Name, #98 Notice of Change of Address, Email or Law Firm Name, #96 Notice of Change of Address, Email or Law Firm Name. Attorney Bradley Mathew Beall, Nicolle B. Brito and Eric Scott Dwoskin have not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorneys are instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 99 Joint MOTION to Consolidate Cases - Joint Motion to Consolidate Related Actions - by Richard Kunz, John McMahon, Stephenie Stone. Responses due by 4/11/2023 (Attachments: #1 Text of Proposed Order)(Davidson, Stuart) |
| Filing 98 NOTICE of Change of Address, Email or Law Firm Name by Bradley Mathew Beall (Beall, Bradley) |
| Filing 97 NOTICE of Change of Address, Email or Law Firm Name by Nicolle B. Brito (Brito, Nicolle) |
| Filing 96 NOTICE of Change of Address, Email or Law Firm Name by Eric Scott Dwoskin (Dwoskin, Eric) |
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Filing 95
PAPERLESS ORDER granting #94 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney David K. Lietz is permitted to appear before this Court on behalf of Plaintiffs for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to David K. Lietz at dlietz@milberg.com. Signed by Judge Darrin P. Gayles on 3/23/2023. (mja)
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| Filing 94 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David K. Lietz. Filing Fee $ 200.00 Receipt # AFLSDC-16456147 by Jennifer Morrill, Shannon Thomas. Attorney Ryan Dennis Maxey added to party Jennifer Morrill(pty:pla), Attorney Ryan Dennis Maxey added to party Shannon Thomas(pty:pla). Responses due by 4/5/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Maxey, Ryan) |
| Filing 93 Notice of Pending, Refiled, Related or Similar Actions by Bayview Asset Management, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC (Attachments: #1 Exhibit A, #2 Exhibit B) (Brady, Julie) |
| Filing 92 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney David J. George re #90 Notice of Change of Address, Email or Law Firm Name. Attorney David J. George has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 91 Notice of Pending, Refiled, Related or Similar Actions by Lakeview Loan Servicing, LLC (Attachments: #1 Exhibit A - Oglesby Complaint) (Brady, Julie) |
| Filing 90 NOTICE of Change of Address, Email or Law Firm Name by David J. George (George, David) |
| Filing 89 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Stuart Andrew Davidson re #88 Notice of Change of Address, Email or Law Firm Name. Attorney Stuart Andrew Davidson has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 88 NOTICE of Change of Address, Email or Law Firm Name by Stuart Andrew Davidson (Davidson, Stuart) |
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Filing 87
PAPERLESS ORDER granting #86 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Jonathan M. Lebe is permitted to appear before this Court on behalf of Cindy J. Villanueva for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Jonathan M. Lebe at jon@lebelaw.com. Signed by Judge Darrin P. Gayles on 1/23/2023. (mja)
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| Filing 86 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan M. Lebe. Filing Fee $ 200.00 Receipt # FLSDC-16254920 by Cindy J. Villanueva. Attorney John Allen Yanchunis, Sr added to party Cindy J. Villanueva(pty:conpla). Responses due by 2/3/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)Associated Cases: 1:22-cv-20955-DPG et al.(Yanchunis, John) |
| Filing 85 Notice of Pending, Refiled, Related or Similar Actions by Richard Kunz, John McMahon, Stephenie Stone (Attachments: #1 Exhibit A) Associated Cases: 1:22-cv-20955-DPG et al. (Davidson, Stuart) |
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Filing 84
ORDER OF CONSOLIDATION: ORDERED AND ADJUDGED that Cefaly et al. v. Community Loan Servicing, LLC, No. 1:22-cv-23763-DPG, shall be consolidated with the actions in Master File Case No. 1:22-cv20955-DPG for all pre-trial purposes pursuant to Federal Rule of Civil Procedure 42(a). The parties shall adhere to the instructions and deadlines contained in the initial Consolidation Order [Master File ECF No. In re Lakeview Loan Servicing Data Breach Litigation Case No.: 1:22-cv-20955-DPGJUDITH CEFALY, CATHRYNE FERA,and ALBERT BRUMITT, individually andon behalf of all others similarly situated,Plaintiffs,v.COMMUNITY LOAN SERVICING, LLC,Defendant.Case No.: 1:22-cv-23763-DPG19]. The Clerk is directed to administratively CLOSE Cefaly et al. v. Community Loan Servicing, LLC, No. 1:22-cv-23763-DPG Signed by Judge Darrin P. Gayles on 12/21/2022. See attached document for full details. (nan)
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Filing 83
ORDER OF CONSOLIDATION: ORDERED AND ADJUDGED that Cunningham v. Community Loan Servicing, LLC, No. 1:22-cv-23816-DPG, shall be consolidated with the actions in Master File Case No. 1:22-cv-20955-DPG for all pre-trial purposes pursuant to Federal Rule of Civil Procedure 42(a). The parties shall adhere to the instructions and deadlines contained in the initial Consolidation Order [Master File ECF No. 19]. The Clerk is directed to administratively CLOSE Cunningham v. Community Loan Servicing, LLC, No. 1:22-cv-23816-DPG. Signed by Judge Darrin P. Gayles on 12/13/2022. See attached document for full details. (caw)
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Filing 82
PAPERLESS ORDER granting #81 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Bryan Paul Thompson is permitted to appear before this Court on behalf of Plaintiff David Cunningham for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Bryan Paul Thompson at Bryan.Thompson@cclc-law.com. Signed by Judge Darrin P. Gayles on 12/15/2022. (mja)
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| Filing 81 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bryan Paul Thompson. Filing Fee $ 200.00 Receipt # AFLSDC-16174793 by David Cunningham. Attorney John Allen Yanchunis, Sr added to party David Cunningham(pty:conpla). Responses due by 12/29/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Yanchunis, John) |
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Filing 80
PAPERLESS ORDER. The parties shall have until December 20, 2022, to file any objections regarding the consolidation of Case No. 1:22-cv-23763-DPG into Master File Case No. 1:22-cv-20955-DPG. Signed by Judge Darrin P. Gayles on 12/14/2022. (mja)
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Filing 79
PAPERLESS ORDER. The parties shall have until November 30, 2022, to file any objections regarding the consolidation of Case No. 1:22-cv-23816-DPG into Master File Case No. 1:22-cv-20955-DPG. Signed by Judge Darrin P. Gayles on 11/23/2022. (mja)
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| Filing 78 Notice of Pending, Refiled, Related or Similar Actions by Jennifer Morrill (Attachments: #1 Exhibit A) Associated Cases: 1:22-cv-20955-DPG et al. (Kane, Julie) |
| Filing 77 Notice of Pending, Refiled, Related or Similar Actions by Bayview Asset Management, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC (Attachments: #1 Exhibit A) (Brady, Julie) |
| Filing 76 Notice of Pending, Refiled, Related or Similar Actions by Bayview Asset Management, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC (Attachments: #1 Exhibit A) (Brady, Julie) |
| Filing 75 REPLY to Response to Motion re #59 Defendant's MOTION TO DISMISS #47 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Bayview Asset Management, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC. (Brady, Julie) |
| Filing 74 Notice of Pending, Refiled, Related or Similar Actions by Bayview Asset Management, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC (Attachments: #1 Exhibit A) (Brady, Julie) |
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Filing 73
PAPERLESS ORDER granting #72 Motion to Withdraw as Counsel. The Clerk is directed to remove Attorney Maxwell H. Sawyer from the docket and cease delivery of notifications of electronic filings to him. Signed by Judge Darrin P. Gayles on 10/12/2022. (mja)
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| Filing 72 MOTION to Withdraw as Attorney by Maxwell H. Sawyer for / by Richard Kunz, John McMahon, Stephenie Stone. Responses due by 10/25/2022 (Attachments: #1 Text of Proposed Order)Associated Cases: 1:22-cv-20955-DPG, 1:22-cv-20978-DPG, 1:22-cv-21003-DPG, 1:22-cv-21094-DPG(Davidson, Stuart) |
| Filing 71 RESPONSE in Opposition re (59 in 1:22-cv-20955-DPG) Defendant's MOTION TO DISMISS (47) Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Jennifer Morrill. Replies due by 10/17/2022. Associated Cases: 1:22-cv-20955-DPG et al.(Kane, Julie) |
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Filing 70
ORDER granting (67) Motion for Entry of Written Discovery Protocol. Signed by Ch. Magistrate Judge Edwin G. Torres on 10/7/2022. See attached document for full details. Associated Cases: 1:22-cv-20955-DPG et al. (EGT)
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Filing 69
ORDER granting #68 Motion for Confidentiality Order. Signed by Ch. Magistrate Judge Edwin G. Torres on 10/7/2022. See attached document for full details. (EGT)
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| Filing 68 Unopposed MOTION for Protective Order by Lakeview Loan Servicing, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Brady, Julie) |
| Filing 67 Unopposed MOTION Enter the proposed Joint Protocol For Written Discovery and the Production of Documents and Electronically Stored Information by Lakeview Loan Servicing, LLC. (Attachments: #1 Exhibit A)(Brady, Julie) |
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Filing 65
PAPERLESS ORDER granting Plaintiffs' #64 Unopposed Motion To Enlarge Plaintiffs' Time to Respond to Defendants' Motion to Dismiss and for Defendants' Reply. Plaintiffs shall file their responses on or before October 10, 2022. Defendants shall file their replies on or before November 7, 2022. Signed by Judge Darrin P. Gayles on 9/30/2022. (mja)
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| Filing 64 Plaintiff's MOTION for Extension of Time to respond to Motion to dismiss re (61 in 1:22-cv-20955-DPG) Order on Motion for Extension of Time to File Response/Reply/Answer, by Jennifer Morrill. Responses due by 10/14/2022 (Attachments: #1 Text of Proposed Order)Associated Cases: 1:22-cv-20955-DPG et al.(Kane, Julie) |
| Filing 63 Notice of Pending, Refiled, Related or Similar Actions by Bayview Asset Management, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC (Attachments: #1 Exhibit A) (Brady, Julie) |
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Filing 66
ORDER OF CONSOLIDATION: ORDERED AND ADJUDGED that Johnson v. Community Loan Servicing, LLC, No. 1:22-cv-23079-DPG, shall be consolidated with the actions in Master File Case No. 1:22-cv-20955-DPG for all pre-trial purposes pursuant to Federal Rule of Civil Procedure 42(a). The parties shall adhere to the instructions and deadlines contained in the initial Consolidation Order [Master File ECF No. 19]. The Clerk is directed to administratively CLOSE Johnson v. Community Loan Servicing, LLC, No. 1:22-cv-23079-DPG. Signed by Judge Darrin P. Gayles on 9/29/2022. See attached document for full details. Associated Cases: 1:22-cv-20955-DPG, 1:22-cv-23079-DPG (pcs)
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| Filing 62 NOTICE of Change of Address, Email or Law Firm Name by Jessica Lynn Kerr (Kerr, Jessica) |
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Filing 61
PAPERLESS ORDER granting Plaintiffs' #60 Unopposed Motion to Enlarge Time for the Briefing Schedule for Defendants' Motion to Dismiss. Plaintiffs shall file their response on or before October 3, 2022, and Defendants shall file their reply on or before October 24, 2022. Signed by Judge Darrin P. Gayles on 9/12/2022. (mja)
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| Filing 60 MOTION for Extension of Time to File Response/Reply/Answer as to (59 in 1:22-cv-20955-DPG) Defendant's MOTION TO DISMISS (47) Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Jennifer Morrill. (Attachments: #1 Text of Proposed Order)Associated Cases: 1:22-cv-20955-DPG et al.(Kane, Julie) |
| Filing 59 Defendant's MOTION TO DISMISS #47 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Bayview Asset Management, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC. Responses due by 9/15/2022 (Attachments: #1 Exhibit 1 to Motion to Dismiss)(Brady, Julie) |
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Filing 58
PAPERLESS ORDER granting Defendants' #57 Unopposed Motion for Leave to Exceed Page Limits. Defendants shall not exceed 27 pages in their opening brief, Plaintiffs shall not exceed 27 pages in their opposition brief, and Defendants shall not exceed 14 pages in their reply brief. Signed by Judge Darrin P. Gayles on 9/1/2022. (mja)
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| Filing 57 Unopposed MOTION for Leave to File Excess Pages by Bayview Asset Management, LLC, Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC. Attorney Julie Singer Brady added to party Bayview Asset Management, LLC(pty:condft). (Attachments: #1 Exhibit 1 - Motion to Dismiss and Incorporated Memorandum of Law, #2 Exhibit 1 to Motion to Dismiss and Incorporated Memorandum of Law, #3 Text of Proposed Order)(Brady, Julie) |
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Filing 56
PAPERLESS ORDER. As set forth in the Court's Order Re Consolidation of Actions and Process for Appointment of Interim Counsel #19 , "[a]ll papers filed in the Consolidated Act must be filed under Case No. 1:22-cv-20955-DPG..." After filing motions and other papers in the lead case, the parties shall not file duplicate motions in the other consolidated cases. Signed by Judge Darrin P. Gayles on 8/31/2022. (mja)
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| Filing 55 Joint MOTION for Leave to File Excess Pages by Lakeview Loan Servicing, LLC. (Attachments: #1 Text of Proposed Order)Associated Cases: 1:22-cv-20955-DPG et al.(Brady, Julie) |
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Filing 54
ORDER SETTING DISCOVERY PROCEDURES. Signed by Ch. Magistrate Judge Edwin G. Torres on 8/30/2022. See attached document for full details. (mdc)
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Filing 53
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE. JURY TRIAL set for 7/29/2024 in Miami Division before Judge Darrin P. Gayles. CALENDAR CALL set for 7/24/2024 at 09:30 AM in Miami Division before Judge Darrin P. Gayles. STATUS CONFERENCE set for 5/22/2024 at 10:00 AM in Miami Division before Judge Darrin P. Gayles. Mediation Deadline 5/3/2024. REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Darrin P. Gayles on 8/25/2022. See attached document for full details. (caw) #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.
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| Filing 52 NOTICE of Attorney Appearance by Bradley Mathew Beall on behalf of Richard Kunz, John McMahon, Stephenie Stone. Attorney Bradley Mathew Beall added to party Richard Kunz(pty:conpla), Attorney Bradley Mathew Beall added to party John McMahon(pty:conpla), Attorney Bradley Mathew Beall added to party Stephenie Stone(pty:conpla). Associated Cases: 1:22-cv-20955-DPG, 1:22-cv-20978-DPG, 1:22-cv-21003-DPG, 1:22-cv-21094-DPG (Beall, Bradley) |
| Filing 51 NOTICE of Attorney Appearance by Nicolle B. Brito on behalf of Richard Kunz, John McMahon, Stephenie Stone. Attorney Nicolle B. Brito added to party Richard Kunz(pty:conpla), Attorney Nicolle B. Brito added to party John McMahon(pty:conpla), Attorney Nicolle B. Brito added to party Stephenie Stone(pty:conpla). Associated Cases: 1:22-cv-20955-DPG, 1:22-cv-20978-DPG, 1:22-cv-21003-DPG, 1:22-cv-21094-DPG (Brito, Nicolle) |
| Filing 50 Joint SCHEDULING REPORT - Rule 26(f) by Jennifer Morrill (Attachments: #1 Exhibit A)(Kane, Julie) |
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Filing 49
PAPERLESS ORDER granting #48 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Joseph M. Lyon is permitted to appear before this Court on behalf of Plaintiffs Evelyn Rivera and Alishia Cartagena for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Lyon at jlyon@thelyonfirm.com. Signed by Judge Darrin P. Gayles on 8/9/2022. (ed00)
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| Filing 48 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph M. Lyon. Filing Fee $ 200.00 Receipt # AFLSDC-15855775 by Alishia Cartagena, Evelyn Rivera. Responses due by 8/23/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Yanchunis, John) |
| Filing 47 Plaintiff's AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Jennifer Morrill. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)Associated Cases: 1:22-cv-20955-DPG et al.(Kane, Julie) |
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Filing 46
PAPERLESS ORDER granting #45 Motion for Clarification. Pursuant to Plaintiffs' counsel's agreement, the Court hereby adopts the proposed reporting and timekeeping mechanism set forth in ECF No. 45-1. All Plaintiffs' counsel shall provide Time and Expense Reports in the format proposed by Liaison Counsel at ECF 45-1. Those monthly reports shall be provided by email to Stuart Davidson at sdavidson@rgrdlaw.com on or before the 20th of each month. The first Time and Expense Report, to be submitted no later than August 20, 2022, shall include all time and expense reporting from the inception of this litigation through July 31, 2022. Additionally, counsel is reminded that all future filings in this consolidated action shall be docketed only in the Master File, Case No. 22-cv-20955. The Clerk of Court shall terminate all duplicative pending motions in the member cases. Signed by Judge Darrin P. Gayles on 7/29/2022. (ed00)
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| Filing 45 Plaintiff's MOTION for clarification (43 in 1:22-cv-20955-DPG, 43 in 1:22-cv-20955-DPG) Order on Motion to Appoint Counsel,, Order on Motion to Intervene, by Jennifer Morrill. Attorney Julie Braman Kane added to party Jennifer Morrill(pty:pla). Responses due by 8/11/2022 (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)Associated Cases: 1:22-cv-20955-DPG et al.(Kane, Julie) |
| Filing 44 NOTICE OF UNAVAILABILITY by Lakeview Loan Servicing, LLC . Attorney Daniel B. Rosenthal added to party Lakeview Loan Servicing, LLC(pty:dft). Associated Cases: 1:22-cv-20955-DPG et al. (Rosenthal, Daniel) |
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Filing 43
ORDER granting #26 Motion for Appointment as Interim Class Counsel ; denying #32 Motion to Intervene and Stay Appointment of Interim Class Counsel. Signed by Judge Darrin P. Gayles on 6/15/2022. See attached document for full details. (pes)
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| Filing 42 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Pedro F. Bajo, Jr. re #41 Notice of Change of Address, Email or Law Firm Name. Attorney has not followed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Court's website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information. (cw) |
| Filing 41 NOTICE of Change of Address, Email or Law Firm Name by Pedro F Bajo, Jr (Bajo, Pedro) |
| Filing 40 NOTICE of Striking #34 Notice of Change of Address, Email or Law Firm Name filed by Teresa Oglesby, Anthony Oglesby by Anthony Oglesby, Teresa Oglesby (Bajo, Pedro) |
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Filing 39
ORDER OF CONSOLIDATION. Signed by Judge Darrin P. Gayles on 6/7/2022. See attached document for full details. (drz)
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| Filing 38 RESPONSE in Opposition re #32 MOTION to Intervene Pursuant to Fed.R.Civ.P.24(b)(1)(B) and Motion to Stay Appointment of Interim Class Counsel filed by Alishia Cartagena, Doreen Endress, Andrew Guarino, Maureen Keach, Robert Keach, Richard Kunz, John McMahon, Jennifer Morrill, Jay Saporta, Stephenie Stone, Shannon Thomas. Attorney John Allen Yanchunis, Sr added to party Shannon Thomas(pty:pla). Replies due by 6/13/2022. (Yanchunis, John) |
| Filing 37 RESPONSE in Opposition re #32 MOTION to Intervene Pursuant to Fed.R.Civ.P.24(b)(1)(B) and Motion to Stay Appointment of Interim Class Counsel filed by Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC. Replies due by 6/10/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brady, Julie) |
| Filing 36 Notice of Pending, Refiled, Related or Similar Actions by Lakeview Loan Servicing, LLC (Attachments: #1 Exhibit A) (Brady, Julie) |
| Filing 35 Clerks Notice to Filer re #34 Notice of Change of Address, Email or Law Firm Name. Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (jas) |
| Filing 34 NOTICE of Change of Address, Email or Law Firm Name by Pedro F Bajo, Jr Associated Cases: 1:22-cv-20955-DPG et al. (Bajo, Pedro) |
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Filing 33
PAPERLESS ORDER re (32 in 1:22-cv-20955-DPG) MOTION to Intervene Pursuant to Fed.R.Civ.P.24(b)(1)(B) and Motion to Stay Appointment of Interim Class Counsel. Anthony and Teresa Oglesby, Plaintiffs in a related action pending in the District of South Carolina, have filed a Motion to intervene in this consolidated action and to stay the appointment of interim class counsel. They explain that there is a pending motion to transfer the case to this Court to be consolidated with these actions, and argue their interests may be prejudiced if interim class counsel is appointed before their case is transferred and before they have the opportunity to consent or object to interim class counsel applications. In order to better manage the orderly progress of the case, the existing Plaintiffs in this consolidated action are directed to file a response to the Motion to Intervene and Stay Appointment of Interim Class Counsel on or before June 6, 2022. (Responses due by 6/6/2022) Signed by Judge Darrin P. Gayles on 5/31/2022. Associated Cases: 1:22-cv-20955-DPG et al. (ed00)
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| Filing 32 MOTION to Intervene Pursuant to Fed.R.Civ.P.24(b)(1)(B) and Motion to Stay Appointment of Interim Class Counsel by Anthony Oglesby, Teresa Oglesby. Attorney Pedro F Bajo, Jr added to party Anthony Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Anthony Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Anthony Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Anthony Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Anthony Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Anthony Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Anthony Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Anthony Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Anthony Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Anthony Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Anthony Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Teresa Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Teresa Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Teresa Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Teresa Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Teresa Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Teresa Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Teresa Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Teresa Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Teresa Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Teresa Oglesby(pty:intv), Attorney Pedro F Bajo, Jr added to party Teresa Oglesby(pty:intv). Associated Cases: 1:22-cv-20955-DPG et al.(Bajo, Pedro) |
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Filing 31
ORDER of Consolidation re #28 Notice of Pending, Refiled, Related or Similar Actions; Case is consolidated with case no. 22-CIV-21548-DPG. Signed by Judge Darrin P. Gayles on 5/24/2022. See attached document for full details. (ls)
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| Filing 30 Notice of Pending, Refiled, Related or Similar Actions by Pingora Loan Servicing, LLC. Attorney Julie Singer Brady added to party Pingora Loan Servicing, LLC(pty:condft). (Attachments: #1 Exhibit A) (Brady, Julie) |
| Filing 29 NOTICE by Alishia Cartagena, Doreen Endress, Andrew Guarino, Maureen Keach, Robert Keach, Richard Kunz, John McMahon, Jennifer Morrill, Evelyn Rivera, Jay Saporta, Stephenie Stone, Shannon Thomas re (26 in 1:22-cv-20955-DPG) MOTION to Appoint Counsel - Notice of Non-opposition to Motion for Appointment as Interim Class Counsel -. Attorney Stuart Andrew Davidson added to party Alishia Cartagena(pty:conpla), Attorney Stuart Andrew Davidson added to party Doreen Endress(pty:conpla), Attorney Stuart Andrew Davidson added to party Andrew Guarino(pty:conpla), Attorney Stuart Andrew Davidson added to party Maureen Keach(pty:conpla), Attorney Stuart Andrew Davidson added to party Robert Keach(pty:conpla), Attorney Stuart Andrew Davidson added to party Jennifer Morrill(pty:pla), Attorney Stuart Andrew Davidson added to party Evelyn Rivera(pty:conpla), Attorney Stuart Andrew Davidson added to party Jay Saporta(pty:conpla), Attorney Stuart Andrew Davidson added to party Shannon Thomas(pty:conpla). Associated Cases: 1:22-cv-20955-DPG et al. (Davidson, Stuart) |
| Filing 28 Notice of Pending, Refiled, Related or Similar Actions by Lakeview Loan Servicing, LLC (Attachments: #1 Exhibit A) (Brady, Julie) |
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Filing 27
ORDER OF CONSOLIDATION. Case No. Taylor v. Lakeview Loan Servicing, LLC, No. 1:22-cv-21445-DPG, shall be consolidated with this Master File Case No. 1:22-cv-20955-DPG for all pre-trial purposes pursuant to Federal Rule of Civil Procedure 42(a) (Season Taylor and Matthew Taylor added as consolidated plaintiffs). Signed by Judge Darrin P. Gayles on 5/13/2022. See attached document for full details. (ail)
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| Filing 26 MOTION to Appoint Counsel by Alishia Cartagena, Doreen Endress, Andrew Guarino, Maureen Keach, Robert Keach, Richard Kunz, John McMahon, Jennifer Morrill, Evelyn Rivera, Jay Saporta, Stephenie Stone, Shannon Thomas. Attorney John Allen Yanchunis, Sr added to party Andrew Guarino(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Richard Kunz(pty:conpla), Attorney John Allen Yanchunis, Sr added to party John McMahon(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Jennifer Morrill(pty:pla), Attorney John Allen Yanchunis, Sr added to party Stephenie Stone(pty:conpla), Attorney John Allen Yanchunis, Sr added to party Shannon Thomas(pty:conpla). Responses due by 5/26/2022 (Attachments: #1 Affidavit Declaration of John A. Yanchunis, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Text of Proposed Order)(Yanchunis, John) |
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Filing 25
ORDER OF CONSOLIDATION. Case No. 0:22-cv-60833-DPG, Riley v. Lakeview Loan Servicing, LLC,, shall be consolidated with this Master File Case No. 1:22-cv-20955-DPG for all pre-trial purposes pursuant to Federal Rule of Civil Procedure 42(a). (Loleta Riley added as consolidated plaintiff) Signed by Judge Darrin P. Gayles on 5/11/2022. See attached document for full details. (ail)
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| Filing 24 Notice of Pending, Refiled, Related or Similar Actions by Lakeview Loan Servicing, LLC (Attachments: #1 Exhibit A) (Brady, Julie) |
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Filing 23
PAPERLESS ORDER granting #21 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Paul Karlsgodt. Attorney Paul Karlsgodt is permitted to appear before this Court on behalf of Defendant Lakeview Loan Servicing, LLC for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Karlsgodt at pkarlsgodt@bakerlaw.com. Signed by Judge Darrin P. Gayles on 5/9/2022. (ed00)
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| Filing 22 Notice of Pending, Refiled, Related or Similar Actions by Lakeview Loan Servicing, LLC (Attachments: #1 Exhibit A) (Brady, Julie) |
| Filing 21 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Paul Karlsgodt. Filing Fee $ 200.00 Receipt # AFLSDC-15618001 by Lakeview Loan Servicing, LLC. Responses due by 5/20/2022 (Attachments: #1 Certification Certification, #2 Text of Proposed Order Proposed Order)(Brady, Julie) |
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Filing 20
**DUPLICATE**ORDER RE CONSOLIDATION OF ACTIONS AND PROCESS FOR APPOINTMENT OF INTERIM CLASS COUNSEL. The following actions pending in this District shall be consolidated for all pre-trial purposes pursuant to Federal Rule of Civil Procedure 42(a) (hereafter the Consolidated Action): a. Morrill v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-20955-DPG; b. Rivera, et al. v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-20968-DPG; c. McMahon v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-20978-DPG; d. Guarino v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-20981-DPG;e. Thomas v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-20984-DPG; f. Kunz v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-21003-DPG; g. Kimbrough v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-21044-DPG;h. Myers v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-21054-DPG; and i. Stone v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-21094-DPG. 2. All papers filed in the Consolidated Action must be filed under Case No. 1:22-cv-20955-DPG, the number assigned to the first-filed case, and must bear the following caption: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re Lakeview Loan Servicing Data Breach Litigation Case No. 1:22-cv-20955-DPG Signed by Judge Darrin P. Gayles on 5/4/2022. See attached document for full details. (ail) Text Modified on 5/5/2022 SEE DE #19 IMAGE (ail).
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Filing 19
ORDER RE CONSOLIDATION of Actions and Process for Appointment of Interim Class Counsel re #9 Stipulation; Consolidating Case with 22-CIV-20968-DPG, 22-CIV-20978-DPG, 22-CIV-20981-DPG, 22-CIV-20984-DPG, 22-CIV-21003-DPG, 22-CIV-21044-DPG, 22-CIV-21054-DPG and 22-CIV-21094-DPG. Signed by Judge Darrin P. Gayles on 5/4/2022. See attached document for full details. (ls)
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Filing 18
PAPERLESS ORDER granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Evan M. Mannering. Attorney Evan M. Mannering is permitted to appear before this Court on behalf of Defendant Lakeview Loan Servicing, LLC for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Mannering at emannering@bakerlaw.com. Signed by Judge Darrin P. Gayles on 5/4/2022. (ed00)
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| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Evan M. Mannering. Filing Fee $ 200.00 Receipt # AFLSDC-15613869 by Lakeview Loan Servicing, LLC. Responses due by 5/18/2022 (Attachments: #1 Certification Certification, #2 Text of Proposed Order Proposed Order)(Brady, Julie) |
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Filing 16
PAPERLESS ORDER granting #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Brian D. Flick is permitted to appear before this Court on behalf of Plaintiff Shannon Thomas for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Flick at bflick@dannlaw.com. Signed by Judge Darrin P. Gayles on 4/26/2022. (jsi)
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| Filing 15 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brian D. Flick. Filing Fee $ 200.00 Receipt # AFLSDC-15583494 by Shannon Thomas. Responses due by 5/6/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Kerr, Jessica) |
| Filing 14 NOTICE of Attorney Appearance by Jessica Lynn Kerr on behalf of Shannon Thomas. Attorney Jessica Lynn Kerr added to party Shannon Thomas(pty:pla). (Kerr, Jessica) |
| Filing 13 NOTICE by Jennifer Morrill of Related Case (Rosenthal, Daniel) |
| Filing 12 NOTICE by Jennifer Morrill re #9 Stipulation Re Consolidation of Actions and Appointment of Interim Class Counsel (Attachments: #1 Text of Proposed Order) (Rosenthal, Daniel) |
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Filing 11
PAPERLESS ORDER granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney M. Anderson Berry is permitted to appear before this Court on behalf of Plaintiff Jennifer Morrill, individually and otherssimilarly situated, for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Berry at aberry@justice4you.com. Signed by Judge Darrin P. Gayles on 4/11/2022. (jsi)
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Filing 10
PAPERLESS ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Rachele R. Byrd is permitted to appear before this Court on behalf of Plaintiff Jennifer Morrill, individually and others similarly situated, for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Ms. Byrd at byrd@whafh.com. Signed by Judge Darrin P. Gayles on 4/11/2022. (jsi)
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| Filing 9 STIPULATION Re Consolidation of Actions and Appointment of Interim Class Counsel by Jennifer Morrill (Rosenthal, Daniel) |
| Filing 8 NOTICE of Attorney Appearance by Julie Singer Brady on behalf of LAKEVIEW LOAN SERVICING LLC. Attorney Julie Singer Brady added to party LAKEVIEW LOAN SERVICING LLC(pty:dft). (Brady, Julie) |
| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for M. Anderson Berry. Filing Fee $ 200.00 Receipt # AFLSDC-15538164 by Jennifer Morrill. Responses due by 4/20/2022 (Attachments: #1 Certification)(Rosenthal, Daniel) |
| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rachele Byrd. Filing Fee $ 200.00 Receipt # AFLSDC-15538159 by Jennifer Morrill. Responses due by 4/20/2022 (Attachments: #1 Certification)(Rosenthal, Daniel) |
| Filing 5 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 4/1/2022. (jsi) |
| Filing 4 Bar Letter re: Admissions sent to attorney M. Anderson Berry and Rachele R. Byrd, mailing date March 30, 2022, (pt) |
| Filing 3 Summons Issued as to LAKEVIEW LOAN SERVICING LLC. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (drz) |
| Filing 1 COMPLAINT against LAKEVIEW LOAN SERVICING LLC. Filing fees $ 402.00 receipt number BFLSDC-15515969, filed by Jennifer Morrill. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet, #3 Summon(s))(Rosenthal, Daniel) |
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