Symonette et al v. Cann et al
Plaintiff: Maurice Symonette and Mack Wells
Defendant: Eve Alexis Cann, Jose E. Martinez, John Schlesinger, Valerie Manno Schurr, U.S. Bank N.A. As Trustee for FASC 2005 AHL3, Spencer Eig and Carlos Lopez
Case Number: 1:2025cv22316
Filed: May 20, 2025
Court: U.S. District Court for the Southern District of Florida
Presiding Judge: Enjolique A Lett
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1331 Federal Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 19, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2025 Opinion or Order Filing 20 ORDER DENYING WITHOUT PREJUDICE #14 PLAINTIFFS' MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS : Plaintiffs shall file an amended motion for leave to proceed in forma pauperis within seven (7) days of this Order. Signed by Magistrate Judge Enjolique A. Lett on 8/19/2025. See attached document for full details. (wce)
July 24, 2025 Filing 19 Acknowledgment of Receipt of NOA from USCA re #13 Notice of Appeal, filed by Maurice Symonette, Mack Wells. Date received by USCA: 07/23/2025. USCA Case Number: 25-12488-A. (jgo)
July 23, 2025 Filing 18 CLERK'S NOTICE of Mailing Pro Se Instructions to Maurice Symonette and Mack Wells re #13 Notice of Appeal. (jgo)
July 23, 2025 Transmission of Notice of Appeal, Orders under appeal, and Docket Sheet to US Court of Appeals re #13 Notice of Appeal. Notice has been electronically mailed. (jgo)
July 18, 2025 Civil Case Terminated per DE#17. Closing Case. (scn)
July 18, 2025 Opinion or Order Filing 17 PAPERLESS ORDER Administratively Closing Case Pending Appeal. Plaintiffs may seek to reopen the case upon conclusion of the #13 appeal. All pending motions denied as moot. Signed by Magistrate Judge Enjolique A. Lett on 7/18/2025. (awr)
July 17, 2025 Filing 16 NOTICE of Filing "Notice of Motion to Take Notice that We Just Added Names to the Complaint" by Maurice Symonette, Mack Wells. (jgo)
July 17, 2025 Filing 15 MOTION to "Request that the U.S. Marshall Produce Audio and Video of the Clerk's Office on May 20th, 21st, and 23rd Because Clerks are Tampering with Our Documents. Proof of Service was filed on May 20th, 21st, and 23rd, 2025" by Maurice Symonette, Mack Wells. (jgo)
July 17, 2025 Filing 14 MOTION for Leave to Appeal in forma pauperis by Maurice Symonette, Mack Wells. (jgo)
July 17, 2025 Filing 13 Notice of Appeal re 12 Order, 8 Order on Motion for Miscellaneous Relief, by Maurice Symonette, Mack Wells.. IFP Filed. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (Attachments: #1 Letter of Good Faith)(jgo)
June 12, 2025 Opinion or Order Filing 12 PAPERLESS SUA SPONTE ORDER Striking #11 Response to Paperless Sua Sponte Order. Federal Rule of Civil Procedure 4 sets forth the contents of the summons that must be served, the issuance of the summons, as well as the service of the summons along with the complaint. See Fed. R. Civ. P. 4(a)-(c). Based on a review of the docket, service could not have been perfected because Plaintiffs failed to have the summonses issued by the Clerk of the Court. Therefore, compliance with Rule 4 remains wanting. Accordingly, Plaintiffs' #11 Response is stricken. The Court's 10 Paperless Sua Sponte Order remains in effect requiring Plaintiffs to have the summonses issued and served along with the Complaint in this case within the time required by Fed. R. Civ. P. 4(m). Failure to do so can result in sanctions, including dismissal of the action. Signed by Magistrate Judge Enjolique A. Lett on 6/12/2025. (awr)
June 11, 2025 Filing 11 (STRICKEN PER DE#12) RESPONSE to 10 PAPERLESS SUA SPONTE ORDER by Maurice Symonette, Mack Wells. (ar24) Modified text on 6/12/2025 (scn).
June 9, 2025 Opinion or Order Filing 10 PAPERLESS SUA SPONTE ORDER requiring Plaintiff to have summons issued and serve defendants. Upon review of the docket, the #1 Complaint in this matter was filed on May 20, 2025, and the #4 Amended Complaint was filed on May 21, 2025. However, a summons has not been issued nor has any of the defendants in this matter been served with the Amended Complaint. A plaintiff is responsible for serving the defendant with a summons and the complaint within ninety days of filing the complaint. Fed. R. Civ. P. 4(c)(1); Fed. R. Civ. P. 4(m). Accordingly, by June 16, 2025, Plaintiff must have a summons issued for each defendant to be served in this matter. Failure to comply with this order may result in sanctions, including dismissal. Signed by Magistrate Judge Enjolique A. Lett on 6/9/2025. (awr)
June 4, 2025 Opinion or Order Filing 8 PAPERLESS ORDER striking #7 Motion to Take Notice of Request for the U.S. Marshall to Produce the Audio and the Video of the Clerks Office from May 20th to May 21st. Plaintiff is cautioned that the timing and substance of any discovery request must be in accordance with the Federal Rules of Civil Procedure. Signed by Magistrate Judge Enjolique A. Lett on 6/4/2025. (awr)
June 2, 2025 Filing 9 MOTION to Change Venue by Maurice Symonette, Mack Wells. Responses due by 6/16/2025. (ls)
May 27, 2025 Filing 7 (STRICKEN PER DE#8) MOTION to Take Notice of Request for the US Marshall to Produce the Audio and the Video of the Clerks Office from May 20 to May 21st by Maurice Symonette, Mack Wells. (ar24) Modified text on 6/4/2025 (scn).
May 27, 2025 Filing 6 SWORN OATH DECLARATION AFFIDAVIT OF MACK WELLS AND MAURICE SYMONETTE THE INJUNCTION IN REFERENCE TO : CASE 23-cv-22640-JEM signed by: Mack Wells and Maurice Symonette by Maurice Symonette, Mack Wells (ar24)
May 22, 2025 Filing 5 Clerk's Notice to Filer re: Electronic Case. Documents Improperly Arranged/ Format Corrupt. The Filer did not properly attach the Exhibits to the Amended Complaint. Future filings must comply with the CM/ECF Civil Case Opening Guide. (ar24)
May 21, 2025 Filing 4 AMENDED COMPLAINT against Eve Alexis Cann, Spencer Eig, Carlos Lopez, Jose E. Martinez, John Schlesinger, Valerie Manno Schurr, U.S. Bank N.A. As Trustee for FASC 2005 AHL3, filed by Mack Wells, Maurice Symonette.(ar24)
May 21, 2025 Filing 3 Clerks Notice of Receipt of Filing Fee received on 5/21/2025 in the amount of $ 405.00, receipt number FLS302783. (vt)
May 20, 2025 Filing 2 Judge Assignment to Magistrate Judge Enjolique A. Lett. (gqa)
May 20, 2025 Filing 1 COMPLAINT against Eve Alexis Cann, Jose E. Martinez, John Schlesinger, Valerie Manno Schurr. Filing fees $ 405.00 (No fee paid) Receipt#: Pending payment, filed by Maurice Symonette, Mack Wells. (Attachments: #1 Civil Cover Sheet)(gqa)

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Plaintiff: Maurice Symonette
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Plaintiff: Mack Wells
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Defendant: Eve Alexis Cann
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Defendant: Jose E. Martinez
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Defendant: John Schlesinger
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Defendant: Valerie Manno Schurr
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Defendant: U.S. Bank N.A. As Trustee for FASC 2005 AHL3
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Defendant: Spencer Eig
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Defendant: Carlos Lopez
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