Rivera et al v. Lakeview Loan Servicing, LLC
| Evelyn Rivera, Alishia Cartagena, Doreen Endress, Robert Keach, Maureen Keach and Jay Saporta |
| Lakeview Loan Servicing, LLC, Pingora Loan Servicing, LLC and Bayview Asset Management, LLC |
| Anthony Oglesby and Teresa Oglesby |
| 1:2022cv20968 |
| March 30, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Edwin G Torres |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 41 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 40 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) |
| Filing 39 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 38 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) |
Filing 37
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 36 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 35 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 34 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) |
| Filing 33 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) |
| Filing 32 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 31 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) |
| Filing 30 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 29
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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| Set Deadlines as to #28 MOTION to Intervene Pursuant to Fed.R.Civ.P.24(b)(1)(B) and Motion to Stay Appointment of Interim Class Counsel.( Responses due by 6/6/2022). PER DE# 29 (cds) |
| Filing 28 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) |
| Filing 27 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) |
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Filing 26
ORDER RE CONSOLIDATION of Actions and Process for Appointment of Interim Class Counsel; Administratively Closing Case. Cases associated. Signed by Judge Darrin P. Gayles on 5/4/2022. See attached document for full details. (ls)
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| Filing 25 Summons Issued as to Bayview Asset Management, LLC, Pingora Loan Servicing, LLC. (cds) |
| Filing 24 NOTICE of Filing Proposed Summons(es) by Alishia Cartagena, Doreen Endress, Maureen Keach, Robert Keach, Evelyn Rivera, Jay Saporta (Yanchunis, John) |
| Filing 23 NOTICE of Filing Proposed Summons(es) by Alishia Cartagena, Doreen Endress, Maureen Keach, Robert Keach, Evelyn Rivera, Jay Saporta (Yanchunis, John) |
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Filing 22
CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Ch. Magistrate Judge Edwin G. Torres added. Magistrate Judge Lauren Fleischer Louis no longer assigned to case. Signed by Magistrate Judge Lauren Fleischer Louis on 5/3/2022. See attached document for full details. (vjk)
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Filing 21
ORDER TRANSFERRING CASE to Judge Darrin P. Gayles for all further proceedings, accepted and signed on 4/28/2022. Judge K. Michael Moore no longer assigned to case. Signed by Judge K. Michael Moore on 4/28/2022. See attached document for full details. (ls)
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| Filing 20 NOTICE of Attorney Appearance by Michael Anderson Berry on behalf of Alishia Cartagena, Doreen Endress, Maureen Keach, Robert Keach, Evelyn Rivera, Jay Saporta. Attorney Michael Anderson Berry added to party Alishia Cartagena(pty:pla), Attorney Michael Anderson Berry added to party Doreen Endress(pty:pla), Attorney Michael Anderson Berry added to party Maureen Keach(pty:pla), Attorney Michael Anderson Berry added to party Robert Keach(pty:pla), Attorney Michael Anderson Berry added to party Evelyn Rivera(pty:pla), Attorney Michael Anderson Berry added to party Jay Saporta(pty:pla). (Berry, Michael) |
| Filing 19 AMENDED COMPLAINT against All Defendants, filed by Doreen Endress, Alishia Cartagena, Evelyn Rivera, Robert Keach, Pingora Loan Servicing, LLC, Bayview Asset Management, LLC, Maureen Keach, Jay Saporta. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Yanchunis, John) |
| Filing 18 Notice of Pending, Refiled, Related or Similar Actions by Alishia Cartagena, Doreen Endress, Evelyn Rivera (Yanchunis, John) |
| Filing 17 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 16 NOTICE of Attorney Appearance by Julie Braman Kane on behalf of Evelyn Rivera. Attorney Julie Braman Kane added to party Evelyn Rivera(pty:pla). (Kane, Julie) |
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Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Simon S. Grille, Esq. of the law firm of Girard Sharp LLP. 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 #11 is GRANTED. Simon S. Grille, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to sgrille@girardsharp.com. Signed by Judge K. Michael Moore on 4/8/2022. (elm)
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Kimberly Macey, Esq. of the law firm of Girard Sharp LLP. 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 #10 is GRANTED. Kimberly Macey, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to kmacey@girardsharp.com. Signed by Judge K. Michael Moore on 4/8/2022. (elm)
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Jordan Elias, Esq. of the law firm of Girard Sharp LLP. 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 #9 is GRANTED. Jordan Elias, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to jelias@girardsharp.com. Signed by Judge K. Michael Moore on 4/8/2022. (elm)
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| Filing 12 Notice of Pending, Refiled, Related or Similar Actions by Alishia Cartagena, Doreen Endress, Evelyn Rivera (Yanchunis, John) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Simon S. Grille. Filing Fee $ 200.00 Receipt # AFLSDC-15541035 by Alishia Cartagena, Doreen Endress, Evelyn Rivera. Responses due by 4/21/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Yanchunis, John) |
| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kimberly Macey. Filing Fee $ 200.00 Receipt # AFLSDC-15541004 by Alishia Cartagena, Doreen Endress, Evelyn Rivera. Responses due by 4/21/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Yanchunis, John) |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jordan Elias. Filing Fee $ 200.00 Receipt # AFLSDC-15540934 by Alishia Cartagena, Doreen Endress, Evelyn Rivera. Responses due by 4/21/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Yanchunis, John) |
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Filing 8
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Adam E. Polk, Esq. of the law firm of Girard Sharp LLP. 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 #7 is GRANTED. Adam E. Polk, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to apolk@girardsharp.com. Signed by Judge K. Michael Moore on 4/7/2022. (elm)
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| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Adam E. Polk. Filing Fee $ 200.00 Receipt # AFLSDC-15540663 by Alishia Cartagena, Doreen Endress, Evelyn Rivera. Responses due by 4/21/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Yanchunis, John) |
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. 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 F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 4/5/2022. (elm)
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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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). 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 (3) 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 Judge K. Michael Moore on 4/5/2022. (elm)
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| Filing 4 Notice of Pending, Refiled, Related or Similar Actions by Alishia Cartagena, Doreen Endress, Evelyn Rivera (Yanchunis, John) |
| Filing 3 Summons Issued as to Lakeview Loan Servicing, LLC. (bb) |
| Filing 2 Clerks Notice of Judge Assignment to 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. (bb) |
| Filing 1 COMPLAINT against Lakeview Loan Servicing, LLC. Filing fees $ 402.00 receipt number BFLSDC-15519733, filed by Evelyn Rivera, Doreen Endress, Alishia Cartagena. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet, #9 Summon(s))(Yanchunis, John) |
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