U.S. Bank National Association v. Smith et al
| U.S Bank National Association |
| Long Trail Trust, Darrin C. Lavine, Robert Jackson Smith, Sr., Cheryl C. Smith, Gold Hammock Owners Association, Inc., John Doe 1 and Robert Jackson Smith |
| 2:2018cv14510 |
| December 17, 2018 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| Robin L Rosenberg |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 |
| None |
Docket Report
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This docket was last retrieved on February 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 33 MOTION for Default Judgment Final by U.S Bank National Association. (Attachments: #1 Exhibit Adjustable Rate Rider, #2 Exhibit Mortgage, #3 Exhibit Affidavit of Indebtedness)(Sinai, Shannon) |
| Filing 32 DECLARATION OF TAKING of Counsel In Support Of Entry For Motion for Final Default by U.S Bank National Association. (Attachments: #1 Exhibit Affidavit of Service, #2 Exhibit SCRA Search, #3 Exhibit Affidavit of Service, #4 Exhibit SCRA Search, #5 Exhibit Return of Service, #6 Exhibit SCRA Search, #7 Exhibit Affidavit of Service, #8 Exhibit Return of Service)(Sinai, Shannon) |
Filing 31
ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE. ( Motion for Default Final Judgment or Notice of Joint Liability due by 2/8/2019.) Closing Case. Signed by Judge Robin L. Rosenberg on 1/30/2019. See attached document for full details. (ar2)
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| Filing 30 Clerks Entry of Default as to Cheryl C. Smith, Robert Jackson Smith, Sr., Darrin C. Lavine, Long Trail Trust, n/k/a Michael J. Smith - Motions Terminated: #28 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/29/2019. (lk) |
| Filing 29 DECLARATION OF TAKING of Counsel In Support Of Motion for Entry of Default by U.S Bank National Association. (Attachments: #1 Exhibit Affidavit of Service, #2 Exhibit SCRA Search, #3 Exhibit Affidavit of Service, #4 Exhibit SCRA Search, #5 Exhibit Return of Service, #6 Exhibit SCRA Search, #7 Exhibit Affidavit of Service, #8 Exhibit SCRA Search, #9 Text of Proposed Order PROPOSED ENTRY OF DEFAULT)(Sinai, Shannon) |
| Filing 28 Second MOTION for Clerks Entry of Default as to John Doe 1, Darrin C. Lavine, Long Trail Trust, Cheryl C. Smith, Robert Jackson Smith, Sr by U.S Bank National Association. (Sinai, Shannon) |
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Filing 27
ORDER ON DEFAULT PROCEDURE. ( Motion for Default due by 1/29/2019). Signed by Judge Robin L. Rosenberg on 1/24/2019. See attached document for full details. (ar2)
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| Filing 26 SECOND Clerk's Notice of Undeliverable Mail re 17 Clerks Entry/Non-Entry of Default filed by Darrin C. Lavine, 16 Clerk's Notice of Judge Assignment,, 18 Clerk's Notice (Other), #15 Case Transferred In - District Transfer. US Mail returned for: Darrin C. Lavine. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz) |
| Filing 25 CLERK'S NOTICE OF RECEIPT from USDC MD/FL as to Darrin C. Lavine re Undeliverable Mail (cga) |
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Filing 24
ORDER TO SHOW CAUSE. ( Show Cause Response due by 1/23/2019). John Doe 1 response due 1/23/2019; Gold Hammock Owners Association, Inc. response due 1/23/2019; Darrin C. Lavine response due 1/23/2019; Long Trail Trust response due 1/23/2019; Cheryl C. Smith response due 1/23/2019; Robert Jackson Smith, Sr. response due 1/23/2019. Signed by Judge Robin L. Rosenberg on 1/14/2019. See attached document for full details. (ar2)
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Filing 23
ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Judge Robin L. Rosenberg on 1/11/2019. See attached document for full details. (ar2)
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| Filing 22 Plaintiff's RESPONSE to Court Order [D.E. 19] by U.S Bank National Association. (Attachments: #1 Exhibit Affidavit of Service, #2 Exhibit Affidavit of Service, #3 Exhibit Affidavit of Service, #4 Exhibit Return of Service, #5 Exhibit Return of Service, #6 Exhibit Return of Service, #7 Exhibit Notice of Filing, #8 Exhibit Answer to Verified Complaint)(Sinai, Shannon) |
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Filing 21
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek M. Maynard on 1/3/2019. See attached document for full details. (ar2)
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Filing 20
ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, PRETRIAL DEADLINES, AND TRIAL DATE, ORDER OF REQUIREMENTS, ORDER OF REFERENCE TO MAGISTRATE JUDGE, AND ORDER OF REFERENCE TO MEDIATION: (Fact Discovery due by 4/19/2019., Expert Discovery due by 5/6/2019., All Pretrial Motions, including summary judgment motions, Daubert motions, and motions in limine due by 5/20/2019., Jury Trial set for 8/19/2019 9:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg., Calendar Call set for 8/14/2019 9:00 AM before Judge Robin L. Rosenberg., Status Conference set for 6/19/2019 9:30 AM before Judge Robin L. Rosenberg). Signed by Judge Robin L. Rosenberg on 1/2/2019. See attached document for full details. (ar2) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 19
PAPERLESS ORDER. On 12/20/2018, Plaintiff was informed that the Clerk was unable to identify summons returned executed in the record for the purposes of considering Plaintiff's Motion for Default. See DE 18. Federal Rule of Civil Procedure 4 requires that plaintiffs must prove service to the Court: "Unless service is waived, proof of service must be made to the court." Fed. R. Civ. Pro. 4(l). To date, Plaintiff does not appear to have provided proof of service to the Court. Accordingly, Plaintiff is hereby ORDERED to provide proof of service, which demonstrates Plaintiff's compliance with Rule 4, by no later than 1/10/2019. Signed by Judge Robin L. Rosenberg on 1/2/2019. (kbs)
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| Filing 18 CLERK'S NOTICE re #10 MOTION for entry of clerk's default filed by U.S Bank National Association. Notified Plaintiff's Attorney Knight that the Clerk could not identify Summons Returned Executed for Gold Hammock Owners Association, Inc., Long Trail Trust, Cheryl C. Smith, Robert Jackson Smith, Sr and Unknown Party #1 n/k/a Michael J Smith (sk) |
| Filing 17 Clerks Non-Entry of Default as to Darrin C. Lavine. Reason: Responsive pleading Notice of Removal has been filed Signed by DEPUTY CLERK on 12/20/2018. (sk) |
| Filing 16 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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 15 Case transferred in from Florida Middle; Case Number 8:18-cv-00688. Electronic file including transfer order and docket sheet received. .(jua). |
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Filing 14
ORDER TRANSFERRING Case to the United States District Court for the Southern District of Florida, Fort Pierce Division, for all further proceedings. The Clerk is directed to TRANSFER all filings and documents associated with this matter and, thereafter, CLOSE this case. Signed by Judge Mary S. Scriven on 12/14/2018. (APF)
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| Mail returned as Undeliverable [Return to sender, Unclaimed, Unable to Forward] re: #11 Order. Mail resent to Darrin C. Lavine, 2170 W. SR 434 Suite 260, Longwood, Fl 32779. Unable to resend. (LNR) |
| Filing 13 RESPONSE re #11 Order to Court Order filed by U.S. Bank National Association. (Knight, Joshua) |
| Filing 12 NOTICE of Appearance by Jeffrey Neil Golant on behalf of U.S. Bank National Association.(Golant, Jeffrey) |
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Filing 11
ORDER DIRECTING Parties to file a notice, within seven (7) days of the date of this Order, advising whether they oppose the transfer of this case to the United States District Court for the Southern District of Florida, Fort Pierce Division, for all further proceedings. Signed by Judge Mary S. Scriven on 12/3/2018. (APF)
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| Filing 10 MOTION for entry of clerk's default against Gold Hammock Owners Association, Inc., Darrin C. Lavine, Long Trail Trust, Cheryl C. Smith, Robert Jackson Smith, Sr and Unknown Party #1 n/k/a Michael J Smith by U.S. Bank National Association. (Knight, Joshua) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 9 NOTICE of Appearance by Joshua David Knight on behalf of U.S. Bank National Association. (Knight, Joshua) |
| Filing 8 Case Reassigned to Magistrate Judge Sean P. Flynn. New case number: 8:18-cv-688-T-35SPF. Magistrate Judge Mark A. Pizzo no longer assigned to the case. (AG) |
| Filing 7 NOTICE of Appearance by Tamarah Eve Brodsky on behalf of U.S. Bank National Association (Brodsky, Tamarah) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Darrin C. Lavine. (LMD) |
| Filing 5 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Darrin C. Lavine. Related case(s): yes (LMD) |
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Filing 4
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 4/12/2018. Signed by Judge Mary S. Scriven on 3/29/2018. (MLM)
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 4/12/2018. Signed by Judge Mary S. Scriven on 3/29/2018. (MLM)
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| Filing 2 COMPLAINT against John Doe 1, Gold Hammock Owners Association, Inc., Darrin C. Lavine, Long Trail Trust, Cheryl C. Smith, Robert Jackson Smith, Sr filed by U.S. Bank National Association. (Filed in state court on 12/5/2017)(LMD) |
| Filing 1 NOTICE OF REMOVAL from the 10th Judicial Circuit, in and for Highlands County, Florida, case number 2016-CA-582 filed in State Court on 12/5/2017. Filing fee $ 400, receipt number TPA049582 filed by Darrin C. Lavine. (Attachments: #1 State Court Record, #2 Civil Cover Sheet, #3 Mailing Envelope)(LMD) |
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