Caliber Home Loans, Inc. v. American Portfolio Mortgage Corporation
| Caliber Home Loans, Inc. |
| American Portfolio Mortgage Corporation |
| 1:2024cv23445 |
| September 6, 2024 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on October 22, 2024. A more recent docket listing may be available from PACER.
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Filing 14
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before November 5, 2024, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 10/22/2024. See attached document for full details. (bs00)
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| Filing 13 ANSWER and Affirmative Defenses to Complaint by American Portfolio Mortgage Corporation. Attorney Christopher Daniel Meyer added to party American Portfolio Mortgage Corporation(pty:dft). (Meyer, Christopher) |
| Filing 12 Corporate Disclosure Statement by Caliber Home Loans, Inc. identifying Corporate Parent NRZ Acquisition LLC, Corporate Parent Rithm Capital Corp., fka New Residential Investment Corp. for Caliber Home Loans, Inc. (Levine, Eric) |
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Filing 11
PAPERLESS ORDER granting #9 Defendant's Unopposed Verified Motion to Set Aside Clerk's Default. The Default entered against American Portfolio Mortgage Corporation is set aside. Defendant shall respond to the Complaint on or before October 21, 2024. Signed by Judge Darrin P. Gayles on 10/10/2024. (bs00)
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| Filing 10 Corporate Disclosure Statement by American Portfolio Mortgage Corporation (Agnello, Nicholas) |
| Filing 9 Unopposed MOTION to Set Aside Default by American Portfolio Mortgage Corporation. Attorney Nicholas Steven Agnello added to party American Portfolio Mortgage Corporation(pty:dft). (Agnello, Nicholas) |
| Set Response/Answer Due Deadline: American Portfolio Mortgage Corporation response/answer due 10/21/2024 per DE 11 . (wce) |
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Filing 8
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendant on September 9, 2024 [ECF No. 5]. Defendant, however, has failed to plead or otherwise defend this action after being served with process. Accordingly, within five (5) days of the date of this Order, Plaintiff shall file for entry of default by the Clerk as to the defendant. Within ten (10) days of entry of default by the Clerk, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiff's failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Signed by Judge Darrin P. Gayles on 10/1/2024. (bs00)
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| Filing 7 Clerk's Entry of Default as to American Portfolio Mortgage Corporation Granting #6 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 10/1/2024. (wce) |
| Filing 6 MOTION for Clerk's Entry of Default as to American Portfolio Mortgage Corporation by Caliber Home Loans, Inc.. (Levine, Eric) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Caliber Home Loans, Inc.. American Portfolio Mortgage Corporation served on 9/9/2024, response/answer due 9/30/2024. (Levine, Eric) |
| Filing 4 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 9/10/2024. (bs00) |
| Filing 3 Summons Issued as to American Portfolio Mortgage Corporation. (wce) |
| 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 Jonathan Goodman 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 COMPLAINT for Breach of Lease against Caliber Home Loans, Inc.. Filing fees $ 405.00 receipt number AFLSDC-17814214, filed by Caliber Home Loans, Inc.. (Attachments: #1 Exhibit A (Sublease Agreement), #2 Civil Cover Sheet, #3 Summon(s))(Levine, Eric) |
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| Defendant: American Portfolio Mortgage Corporation | |
| Represented By: | Nicholas Steven Agnello |
| Represented By: | Christopher Daniel Meyer |
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| Plaintiff: Caliber Home Loans, Inc. | |
| Represented By: | Eric Marc Levine |
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