U.S. Bank National Association v. Mendez et al
| U.S. Bank National Association |
| Armando Mendez, Amarilys Mendez, Riviera Isle Investment Corp, United States Of America, Loch Lomond Homeowner's Association, Inc, Unknown Parties in Possession 1 and Unknown Parties in Possession 2 |
| 1:2024cv20153 |
| January 12, 2024 |
| US District Court for the Southern District of Florida |
| Melissa Damian-MJ |
| K Michael Moore |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 Notice of Removal-Foreclosure |
| Defendant |
Docket Report
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This docket was last retrieved on March 5, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 NOTICE OF UNAVAILABILITY by Riviera Isle Investment Corp for dates of March 26, 2024-April 2, 2024; September 6, 2024-September 30, 2024; and December 20, 2024-January 2, 2025 (Bryan, Marlon) |
| Filing 15 RESPONSE in Opposition re #12 MOTION to Remand to State Court and for Attorney's Fees, #13 MOTION to Stay filed by Riviera Isle Investment Corp. Replies due by 2/21/2024. (Bryan, Marlon) |
| Filing 14 CERTIFICATE of Counsel re #13 MOTION to Stay by Ileen Jill Cantor on behalf of U.S. Bank National Association (Cantor, Ileen) |
| Filing 13 MOTION to Stay by U.S. Bank National Association. Responses due by 2/14/2024. (Cantor, Ileen) |
| Filing 12 MOTION to Remand to State Court and for Attorney's Fees by U.S. Bank National Association. (Cantor, Ileen) |
| Filing 11 NOTICE of Attorney Appearance by Ileen Jill Cantor on behalf of U.S. Bank National Association. Attorney Ileen Jill Cantor added to party U.S. Bank National Association(pty:pla). (Cantor, Ileen) |
| Filing 10 NOTICE of Compliance with Clerk's Notice to Filer by Amarilys Mendez, Armando Mendez (Attachments: #1 Civil Cover Sheet) (Sankar Balram, Ria) |
| Filing 9 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand FILED by Amarilys Mendez, Armando Mendez. (Sankar Balram, Ria) |
Filing 8
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MELISSA DAMIAN. 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 Melissa Damian 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 Melissa Damian's discovery procedures. Signed by Judge K. Michael Moore on 1/17/2024. (sdu)
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Filing 7
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. 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 within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. 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 possibility of 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. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. 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 1/17/2024. (sdu)
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| Filing 6 CLERK'S NOTICE - Attorney Jennifer Lynn Kopf has not been added to this case re #1 Notice of Removal (State Court Complaint), due to her membership status in this Courts Bar #https://www.flsd.uscourts.gov/flsd-bar-admission-status-and-admission-date-look. (pt) |
| Filing 5 Bar Letter re: Admissions sent to attorney Matthew Flicker, mailing date January 16, 2024, (pt) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. The Clerk has added the additional parties associated with the case. It is not necessary to re-file this document. (wce) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (wce) |
| 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 Melissa Damian 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. (wce) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - VERIFIED COMPLAINT) Filing fee $ 405.00 receipt number AFLSDC-17212341, filed by Armando Mendez. (No Answer/ Motion to Dismiss Filed)(Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Sankar Balram, Ria) Modified Text on 1/16/2024 (wce). |
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