Smith v. Wells Fargo Bank, N.A. et al
| Nancy Smith |
| Wells Fargo Bank, N.A., eXL Legal, PLLC, Florida Department of State, City of Miami Garderns Police Department, Miami Dade Sheriff, Miami Dade County, Juan F. Barquin Clerk of Court and Comptroller of Miami Dade, Judge Daryl Travic, Fannie Mae, The State of Florida, Jane Doe 1-20, Vice President Allen Lowery, Peter E. Lanning, Tara Lavertue, Vice President Jackie C. Mueller, Sergeant Carlos Luffi, ProVest LLC, Ricky Horowitz and Kendra Hunter |
| 1:2025cv25097 |
| November 4, 2025 |
| U.S. District Court for the Southern District of Florida |
| David S Leibowitz |
| Edwin G Torres |
| Real Property: Foreclosure |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 30, 2026. A more recent docket listing may be available from PACER.
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Filing 37
PAPERLESS ORDER denying as moot #34 Motion to Reopen Case. Signed by Judge David S. Leibowitz on 1/30/2026. (sm00)
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Filing 36
ORDER granting #34 Motion to Alter or Amend Judgment. Amended Complaint due by 3/1/2026. Signed by Judge David S. Leibowitz on 1/30/2026. See attached document for full details. (ksr)
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| Filing 35 NOTICE of Change of Address/Contact Information; by Dionne A McFarlane-Douglas (McFarlane-Douglas, Dionne) |
| Filing 34 MOTION to Alter or Amend Judgment ( Responses due by 1/20/2026.), MOTION to Reopen Case by Nancy Smith. (ls) |
| Filing 33 NOTICE Clarifying the Record Regarding Assertions of Returned Mail and Contact Issues by Nancy Smith (cds) |
| Filing 32 RESPONSE in Opposition re #28 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM filed by Nancy Smith. Replies due by 1/12/2026. (Attachments: #1 Text of Proposed Order)(cds) |
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Filing 31
ORDER DISMISSING COMPLAINT. Closing Case. Denied as Moot: #30 MOTION for Temporary Restraining Order MOTION to Stay filed by Nancy Smith, #11 Defendant's MOTION to Dismiss with Prejudice and Supporting Memorandum of Law filed by City of Miami Garderns Police Department, #28 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM filed by Florida Department of State, #29 First MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint filed by Tara Lavertue, Peter E. Lanning, eXL Legal, PLLC. Signed by Judge David S. Leibowitz on 1/5/2026. See attached document for full details. (cds)
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| Filing 30 EMERGENCY MOTION for Temporary Restraining Order ( Responses due by 1/20/2026.), an Stay of Foreclosure Sale by Nancy Smith. (cds) (Additional attachment(s) added on 1/5/2026: #1 Text of Proposed Order) (cds). |
| Filing 29 First MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Peter E. Lanning, Tara Lavertue, eXL Legal, PLLC. Attorney Peter Earl Lanning added to party Peter E. Lanning (pty:dft), Attorney Peter Earl Lanning added to party Tara Lavertue (pty:dft), Attorney Peter Earl Lanning added to party eXL Legal, PLLC(pty:dft). (Lanning, Peter) |
| Filing 28 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM by Florida Department of State. Attorney Bilal Ahmed Faruqui added to party Florida Department of State(pty:dft). Responses due by 1/13/2026. (Faruqui, Bilal) |
| Filing 27 NOTICE of Returned Service Mail by Fannie Mae, Jackie C. Mueller, Wells Fargo Bank, N.A. (Steiner, Mark) |
| Filing 26 NOTICE Regarding Communication Method by Nancy Smith (ls) |
| Filing 25 CLERK'S NOTICE OF REASSIGNMENT OF CASE. Case reassigned to Judge David S. Leibowitz and Magistrate Judge Edwin G. Torres for all further proceedings. Magistrate Judge Edwin G. Torres no longer assigned to case as presider. 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. (ls) |
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Filing 24
PAPERLESS Administrative Order: Upon review of plaintiff's objections to non-dispositive orders entered by the undersigned Magistrate Judge, the Court interprets such objections as a request for case reassignment of the action to a District Judge. Plaintiff's request is granted and the Clerk is DIRECTED to randomly assign this action to a District Judge, leaving the undersigned as Referral Judge for All Pretrial Referral. Signed by Magistrate Judge Edwin G. Torres on 12/29/2025. (EGT)
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| Filing 23 Objection to Non-Dispositive Orders to Fed. R. Civ. P. 72(a), with Preservation under Rule 72(b) re 22 Order on Motion for Extension of Time to File Response/Reply/Answer, by Nancy Smith. (ls) |
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Filing 22
PAPERLESS ORDER granting #21 Motion for Extension of Time to File Response/Answer to Complaint:The Court finds good cause to grant the motion for the time period requested. Defendants WELLS FARGO BANK, N.A., FANNIE MAE, and JACIEC. MUELLER shall file their Response/Answer by 1/26/2026. Signed by Magistrate Judge Edwin G. Torres on 12/26/2025. (EGT)
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| Filing 21 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint 42 USC 1983 or Bivens by Wells Fargo Bank, N.A.. (Attachments: #1 Text of Proposed Order)(Steiner, Mark) |
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Filing 20
PAPERLESS ORDER granting in part #19 Motion for Extension of Time. We find good cause to allow Defendant, Judge Daryl Trawick, an extension of time through and until February 9, 2026, to answer or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge Edwin G. Torres on 12/18/2025. (kgb)
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| Filing 19 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs Complaint by Daryl Travic. Attorney Dionne A McFarlane-Douglas added to party Daryl Travic(pty:dft). (Attachments: #1 Text of Proposed Order PROPOSED ORDER GRANTING DEFENDANT'S OPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS COMPLAINT)(McFarlane-Douglas, Dionne) |
| Filing 18 NOTICE of Attorney Appearance by Jesus Javier Garcia-Noguera on behalf of Fannie Mae, Jackie C. Mueller, Wells Fargo Bank, N.A.. Attorney Jesus Javier Garcia-Noguera added to party Fannie Mae(pty:dft), Attorney Jesus Javier Garcia-Noguera added to party Jackie C. Mueller (pty:dft), Attorney Jesus Javier Garcia-Noguera added to party Wells Fargo Bank, N.A.(pty:dft). (Garcia-Noguera, Jesus) |
| Filing 17 NOTICE of Attorney Appearance by Mark Elliot Steiner on behalf of Fannie Mae, Jackie C. Mueller, Wells Fargo Bank, N.A.. Attorney Mark Elliot Steiner added to party Fannie Mae(pty:dft), Attorney Mark Elliot Steiner added to party Jackie C. Mueller (pty:dft), Attorney Mark Elliot Steiner added to party Wells Fargo Bank, N.A.(pty:dft). (Steiner, Mark) |
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Filing 16
PAPERLESS ORDER granting #13 Motion for Extension of Time. We find good cause to allow Defendant, Sergeant Carlos Luffi, an extension of time through and until February 9, 2026, to answer or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge Edwin G. Torres on 12/17/2025. (kgb)
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| Filing 15 RESPONSE in Opposition re #11 Defendant's MOTION to Dismiss with Prejudice and Supporting Memorandum of Law filed by Nancy Smith. Replies due by 12/29/2025. (ls) |
| Filing 14 RESPONSE in Opposition re #13 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint 42 USC 1983 or Bivens filed by Nancy Smith. Replies due by 12/29/2025. (ls) |
| Filing 13 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint 42 USC 1983 or Bivens by Carlos Luffi. Attorney Jennifer Laura Hochstadt added to party Carlos Luffi (pty:dft). (Attachments: #1 Text of Proposed Order)(Hochstadt, Jennifer) |
| Set Response/Answer Due Deadline: Juan F. Barquin Clerk of Court and Comptroller of Miami Dade response/answer due 2/9/2026. Per De#12 (cds) |
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Filing 12
PAPERLESS ORDER granting #10 Motion for Extension of Time. We find good cause to allow Defendant Juan F. Barquin, Clerk of the Court and Comptroller of Miami-Dade County, an extension of time through and until February 9, 2026, to answer or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge Edwin G. Torres on 12/11/2025. (kgb)
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| Filing 11 Defendant's MOTION to Dismiss with Prejudice and Supporting Memorandum of Law by City of Miami Garderns Police Department. Attorney Christopher J. Stearns, Jr added to party City of Miami Garderns Police Department(pty:dft). Responses due by 12/29/2025. (Stearns, Christopher) |
| Filing 10 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint 42 USC 1983 or Bivens by Juan F. Barquin Clerk of Court and Comptroller of Miami Dade. Attorney Jennifer Laura Hochstadt added to party Juan F. Barquin Clerk of Court and Comptroller of Miami Dade(pty:dft). (Attachments: #1 Text of Proposed Order)(Hochstadt, Jennifer) |
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Filing 9
PAPERLESS ORDER denying as moot #7 Motion to Strike. See [D.E. 8]. Signed by Magistrate Judge Edwin G. Torres on 12/4/2025. (kgb)
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Filing 8
PAPERLESS ORDER granting in part #5 Motion for Extension of Time. We find good cause to allow Defendants Miami-Dade County and Miami-Dade Sheriff's Office an additional sixty (60) days to answer or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge Edwin G. Torres on 12/4/2025. (kgb)
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| Filing 7 MOTION to Strike #5 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint 42 USC 1983 or Bivens by Nancy Smith. Responses due by 12/18/2025. (Attachments: #1 Text of Proposed Order)(ls) |
| Filing 6 NOTICE of Attorney Appearance by Natalie Marie Maresma on behalf of Miami Dade Sheriff. Attorney Natalie Marie Maresma added to party Miami Dade Sheriff(pty:dft). (Maresma, Natalie) |
| Filing 5 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint 42 USC 1983 or Bivens by Miami Dade County, Miami Dade Sheriff. Attorney Jennifer Laura Hochstadt added to party Miami Dade County(pty:dft). (Attachments: #1 Text of Proposed Order)(Hochstadt, Jennifer) |
| Filing 4 Summons Issued as to City of Miami Garderns Police Department, Fannie Mae, Florida Department of State, Ricky Horowitz, Kendra Hunter, Juan F. Barquin Clerk of Court and Comptroller of Miami Dade, Peter E. Lanning, Tara Lavertue, Allen Lowery, Carlos Luffi, Miami Dade County, Miami Dade Sheriff, Jackie C. Mueller, ProVest LLC, The State of Florida, Daryl Travic, Wells Fargo Bank, N.A., eXL Legal, PLLC. (ls) |
| Filing 3 Clerk's Notice of Receipt of Filing Fee received on 11/4/2025 in the amount of $405.00, receipt number FLS309909. (jes) |
| Filing 2 Judge Assignment to Magistrate Judge Edwin G. Torres (kpe) |
| Filing 1 Complaint pursuant to 42 USC 1983 against All Defendants, filed by Nancy Smith. Filing fee $ 405.00. (Attachments: #1 Civil Cover Sheet)(kpe) |
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