Oglesby et al v. Lakeview Loan Servicing LLC
| Anthony Oglesby, Teresa Oglesby, Sonja McCaleb and Brian Walter |
| LAKEVIEW LOAN SERVICING LLC |
| Jennifer Morrill, Evelyn Rivera, Alishia Cartagena and Doreen Endress |
| 1:2023cv20749 |
| February 27, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
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Filing 45
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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| Cases associated with LEAD CASE NO. 22-CV-20955-DPG. (caw) |
| Civil Case Terminated per Order of Consolidation. Closing Case. (caw) |
| Filing 44 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 2/28/2023. (nce) |
| Filing 43 Bar Letter re: Admissions sent to attorney Matthew Thomas Foss, Nicholas W Armstrong, Timothy Ryan Langley, Lauren Heath Carroway, John P Hutchins, Paul G Karlsgodt, Evan Matthew Mannering, mailing date February 27, 2023, (pt) |
| Filing 42 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. 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. (jua) |
| Filing 41 Case transferred in from South Carolina; Case Number 7:22-cv-01247. Electronic file including transfer order and docket sheet received. .(jua). |
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Filing 39
ORDER. Defendant Lakeview's motion to transfer venue (ECF No. #14 ) is GRANTED and this action is hereby TRANSFERRED to the Southern District of Florida. Plaintiffs' #36 Motion for Hearing is DENIED. Intervenor Plaintiffs' pending motion (ECF No. #9 ) is DENIED as moot to the extent it seeks to transfer this action to the Southern District of Florida but remains PENDING for consideration by the district court in the Southern District of Florida to the extent the Intervenor Plaintiffs seek to intervene in this action and consolidate it with Consolidated Florida Case. Signed by Honorable Timothy M Cain on 2/27/23.(kmca)
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| Filing 37 RESPONSE in Opposition re #36 MOTION for Hearing re #14 MOTION to Transfer Case or in the alternative MOTION to Stay , #14 MOTION to Transfer Case or in the alternative MOTION to Stay Response filed by Lakeview Loan Servicing LLC.Reply to Response to Motion due by 8/9/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Hutchins, John) |
| Filing 36 MOTION for Hearing re #14 MOTION to Transfer Case or in the alternative MOTION to Stay by Anthony Oglesby, Teresa Oglesby. Response to Motion due by 8/3/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Langley, Timothy) |
| Filing 35 NOTICE of Request for Protection from Court Appearance by John P Hutchins for August 7-20, 2022; September 15-25, 2022; December 1-6, 2022 (Hutchins, John) |
| Filing 34 SUPPLEMENT by Lakeview Loan Servicing LLC to #14 MOTION to Transfer Case or in the alternative MOTION to Stay . (Attachments: #1 Exhibit Order of the USDC SDFL In Re Lakeview Loan Servicing Data Breach Litigation, Case No. 1:22-cv-20955-DPG)(Hutchins, John) |
| Filing 31 REPLY to Response to Motion re #14 MOTION to Transfer Case or in the alternative MOTION to Stay. Reply filed by Lakeview Loan Servicing LLC. (kmca) Re-filed by clerk to correct event (kmca) Modified on 6/10/2022: to correct docket number (kmca). |
| Filing 32 REPLY to Response to Motion re #9 MOTION to Intervene and MOTION to Transfer Case, or in the Alternative MOTION to Stay Response filed by Anthony Oglesby, Teresa Oglesby. (Carroway, Lauren) |
| Filing 29 TEXT ORDER granting #26 Motion to Appear Pro Hac Vice. Attorney Paul G. Karlsgodt added for Defendant Lakeview Loan Servicing LLC. Entered at the direction of the Honorable Timothy M Cain on 6/3/22.(kmca) |
| Filing 28 RESPONSE in Opposition re #9 MOTION to Intervene and MOTION to Transfer Case, or in the Alternative MOTION to Stay Response filed by Sonja McCaleb, Anthony Oglesby, Teresa Oglesby, Brian Walter.Reply to Response to Motion due by 6/9/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A-Spartanburg Records, #2 Exhibit B-Business Entity Records, #3 Exhibit C-Villanueva Complaint, #4 Exhibit D-Proposed Counsel Order)(Langley, Timothy) (Attachment 1 replaced on 6/3/2022: to replace with legible copy as provided by filing user) (kmca). |
| Filing 27 RESPONSE in Opposition re #14 MOTION to Transfer Case or in the alternative MOTION to Stay Response filed by Sonja McCaleb, Anthony Oglesby, Teresa Oglesby, Brian Walter.Reply to Response to Motion due by 6/9/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A-Spartanburg Records, #2 Exhibit B- Business Entity Records, #3 Exhibit C-Villanueva Complaint, #4 Exhibit D Proposed Class Counsel Order)(Langley, Timothy) (Attachment 1 replaced on 6/3/2022: to replace with legible copy as provided by filing user) (kmca). |
| Filing 26 MOTION to Appear Pro Hac Vice by Paul G. Karlsgodt ( Filing fee $ 350 receipt number ASCDC-10522312) by Lakeview Loan Servicing LLC. Response to Motion due by 6/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit for Pro Hac Vice Admission, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Hutchins, John) Modified on 6/2/2022: to delete duplicate text (Affidavit Affidavit, Proposed Order Proposed Order) (kmca). |
| Filing 24 AMENDED COMPLAINT against All Defendants, filed by Teresa Oglesby, Anthony Oglesby, Sonja McCaleb, Brian Walter. Service due by 8/31/2022. (Langley, Timothy) Modified on 6/2/2022: to add new Plaintiffs: Sonja McCaleb and Brian Walter as filers as listed (kmca). (Main Document 24 replaced on 6/2/2022: to replace with corrected document (LR 1.05) as provided by filing user) (kmca). |
| Filing 23 TEXT ORDER granting #22 Motion to Appear Pro Hac Vice as to Evan M. Mannering for Lakeview Loan Servicing LLC. Signed by Honorable Timothy M Cain on 5/26/22.(alew, ) |
| Filing 22 MOTION to Appear Pro Hac Vice by Evan M. Mannering ( Filing fee $ 350 receipt number ASCDC-10510804) by Lakeview Loan Servicing LLC. Response to Motion due by 6/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Application/Affidavit to Appear Pro Hac Vice, #2 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Hutchins, John) |
| Filing 20 REPLY by Lakeview Loan Servicing LLC to 17 Order. (kmca) Re-filed by clerk to correct event (kmca) |
| Filing 19 TEXT ORDER granting #18 Motion for Extension of Time. Plaintiff's response to #9 Motion to Intervene and Motion to Transfer is due by 6/2/22. Entered at the direction of the Honorable Timothy M Cain on 5/23/22.(kmca) |
| Filing 18 MOTION for Extension of Time by Anthony Oglesby, Teresa Oglesby. Response to Motion due by 6/6/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Langley, Timothy) |
| Filing 17 TEXT ORDER. Jurisdiction in this matter is predicated upon diversity of citizenship pursuant to 28 U.S.C. 1332. Within ten (10) days of the date of this order, Defendant Lakeview Loan Servicing LLC is to inform the court of the citizenship of all members for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied. See 28 U.S.C. 1332; Gen. Tech. Applications, Inc. v. Exro Ltda, 388 F. 3d 114, 121 (4th Cir. 2004) (holding that "[a limited liability company] is an unincorporated association, akin to a partnership for diversity purposes, whose citizenship is that of its members.") Entered at the direction of the Honorable Timothy M Cain on 5/20/22. (kmca) |
| Filing 16 TEXT ORDER granting #15 Motion to Appear Pro Hac Vice. Attorney Nicholas W Armstrong added for Plaintiffs. Entered at the direction of the Honorable Timothy M Cain on 5/20/22.(kmca) |
| Filing 15 MOTION to Appear Pro Hac Vice by Nicholas Armstrong ( Filing fee $ 350 receipt number ASCDC-10502622) by Anthony Oglesby, Teresa Oglesby. Response to Motion due by 6/3/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Application/Affidavit for Pro Hac Vice Admission of Nicholas Armstrong, #2 Supporting Documents Certificate of Good Standing - Nicholas Armstrong, #3 Proposed Order Proposed Order of Pro Hac Vice Admission)Proposed order is being emailed to chambers with copy to opposing counsel.(Langley, Timothy) |
| Filing 14 MOTION to Transfer Case or in the alternative MOTION to Stay by Lakeview Loan Servicing LLC. Response to Motion due by 6/2/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion to Transfer Pursuant to 28 USC1631, the First-Filed Doctrine, and 28 USC 1404, or In the Alternative Motion to Stay, #2 Exhibit 1 Morrill v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-20955-DPG, #3 Exhibit 2 Rivera, et al. v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-20968-KMM, #4 Exhibit 3 McMahon v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-20978-RNS, #5 Exhibit 4 Guarino v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-20981-CMA, #6 Exhibit 5 Thomas v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-20984-KMM, #7 Exhibit 6 Kunz v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-21003-MGC, #8 Exhibit 7 Johnie Kimbrough v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-21044-JEM, #9 Exhibit 8 Matthew Myers v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-21054-DPG , #10 Exhibit 9 Stone v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-21094-JAL, #11 Exhibit 10 Riley v. Lakeview Loan Servicing, LLC, Case No. 0:22-cv-60833)Proposed order is being emailed to chambers with copy to opposing counsel.(Hutchins, John) Modified on 5/20/2022: to add descriptions to exhibits as provided by filing user. Added MOTION to Stay on 5/20/2022 to add additional relief listed (kmca). Modified on 6/21/2022: See #34 Supplemental Authority (kmca). |
| Filing 13 Local Rule 26.01 Answers to Interrogatories by Lakeview Loan Servicing LLC.(Hutchins, John) |
| Filing 12 NOTICE of Appearance by John P Hutchins on behalf of Lakeview Loan Servicing LLC (Hutchins, John) |
| Filing 11 DELETION OF DOCKET ENTRY NUMBER #10 Affidavit in Support. Reason: added to entry #9 Motion. Corrected Filing Document Number #9 Motion to Intervene and Motion to Transfer or Motion to Stay. Filed same date as original filing: 5/10/22. Response due date modified to that of original filing: 5/24/22. (kmca) |
| Filing 9 MOTION to Intervene and MOTION to Transfer Pursuant to 28 U.S.C. 1404 and the First-Filed Doctrine, or in the Alternative MOTION to Stay by Jennifer Morrill, Evelyn Rivera, Alishia Cartagena, Doreen Endress. Response to Motion due by 5/24/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Affidavit Declaration, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Carroway, Lauren). Added MOTION to Transfer Case, MOTION to Stay on 5/11/2022 to add additional reliefs listed (kmca). (Additional attachment added on 5/11/2022: #4 Declaration of Simon S. Grille with Exhibits). Modified on 5/11/2022: to add attachment that was filed incorrectly as a separate entry (kmca). |
| Filing 4 Summons Issued as to Lakeview Loan Servicing LLC. (kmca) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Anthony Oglesby, Teresa Oglesby.(kmca) |
| Filing 1 COMPLAINT against Lakeview Loan Servicing LLC (Filing fee $402 receipt number ASCDC-10446321), filed by Teresa Oglesby, Anthony Oglesby. Service due by 7/18/2022.(kmca) |
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