Walker v. United States of America
| Robert Walker |
| UNITED STATES OF AMERICA, Justin Charles Ritchie, Property Transfer Services, Inc., Notary Public Underwriters, Inc., Old Republic National Title Insurance Company, Rossway, Swan, Tierney, Barry & Oliver, P.I., U.S. Bank Home Mortgage d/b/a U.S. Bank National Association, Justin Allen Swosinski, victoria ruiz, U.S. Bank National Association, Mercedes F. Kelly, Albertelli Law, P.A., Zachary Scott Foster, Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank and Quarles & Brady LLP |
| 2:2024cv14222 |
| July 15, 2024 |
| U.S. District Court for the Southern District of Florida |
| Ryon M McCabe |
| K Michael Moore |
| Truth in Lending |
| 28 U.S.C. § 1442 Notice of Removal |
| None |
Docket Report
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| Filing 212 Defendant's RESPONSE to #176 Memorandum, in Opposition to Plaintiff's Renewed Motion for Partial Summary Judgment by Rossway, Swan, Tierney, Barry & Oliver, P.I.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ford, Richards) |
| Filing 213 Plaintiff's Memorandum Of Law In Opposition to #170 MOTION to Dismiss with Prejudice Plaintiff's Amended Complaint, #168 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #6 Notice of Entry of Parties Listed into CM/ECF,,, filed by Robert Walker. Replies due by 9/16/2024. (ebz) |
| Filing 211 NOTICE of Non-Consent to Defendants Mortgage Electronic Registration Systems, Inc., As Mortgagee and Successor in Interest To Regent Bank U.S. Bank Home Mortgage., U.S. Bank National Association Request for Judicial Notice by Robert Walker re #165 Notice (Other). (ebz) |
| Filing 210 MOTION for Leave to File Excess Pages of Eight (8) to Respond to Defendants Responsive Pleadings DE #190 , DE #191 , DE #192 , DE #170 , DE #171 , DE #168 , DE #167 , DE #156 and DE #153 by Robert Walker. (ebz) Modified text on 9/10/2024 (ebz). |
| Filing 209 Plaintiff's Memorandum of Law In Opposition to #167 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #6 Notice of Entry of Parties Listed into CM/ECF, #165 Notice (Other), filed by Robert Walker. Replies due by 9/16/2024. (ebz) |
| Filing 207 MOTION to Dismiss Amended Complaint #6 Notice of Entry of Parties Listed into CM/ECF, by victoria ruiz. Responses due by 9/20/2024. (ebz) |
| Filing 206 Notice of Non-Objection to #189 REPORT AND RECOMMENDATIONS re #66 Motion to Remand to State Court filed by Robert Walker Recommending that Plaintiff's Motion to Remand (DE 66) be DENIED, by victoria ruiz. (ebz) |
| Filing 208 Clerk's Notice to Filer re #205 Reply to Response to Motion,. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ebz) |
| Filing 205 PROPERTY TRANSFER SERVICES, INC.'S REPLY TO PLAINTIFF'S MEMORANDUM OF LAW IN RESPONSE TO ITS MOTION FOR SUMMARY JUDGMENT re #190 MEMORANDUM of Law (I) In Opposition (II) Motion for Final Summary Judgment and or in the Alternative Renewed (III) Motion for Declaratory Judgment and Renewed (IV) Motion for Partial Summary Judgment Against Property Transfer Services, Inc by Robert Walker. (Diehl, Nathan) Modified document link on 9/6/2024 (ebz). |
| Filing 204 NOTICE of Non-Objection by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski re #189 REPORT AND RECOMMENDATIONS re #66 Motion to Remand to State Court filed by Robert Walker Recommending that Plaintiff's Motion to Remand (DE 66) be DENIED.. (Goldstein, Jeremy) |
| Filing 203 NOTICE of Striking #197 Notice (Other), filed by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski (Vine, S.) |
| Filing 202 NOTICE of Non-Objection by Old Republic National Title Insurance Company re #189 REPORT AND RECOMMENDATIONS re #66 Motion to Remand to State Court filed by Robert Walker Recommending that Plaintiff's Motion to Remand (DE 66) be DENIED.. (Henning, Justin) |
| Filing 201 Clerk's Notice to Filer re #197 Notice (Other). Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas) |
| Filing 200 Defendant's NOTICE OF NON-OBJECTION by Rossway, Swan, Tierney, Barry & Oliver, P.I. re #189 REPORT AND RECOMMENDATIONS re #66 Motion to Remand to State Court filed by Robert Walker Recommending that Plaintiff's Motion to Remand (DE 66) be DENIED.. (Ford, Richards) |
| Filing 199 Defendant's NOTICE of Non-Objection by Mercedes F. Kelly re #189 REPORT AND RECOMMENDATIONS re #66 Motion to Remand to State Court filed by Robert Walker Recommending that Plaintiff's Motion to Remand (DE 66) be DENIED.. (McLean, Suzanne) |
| Filing 198 Defendant's NOTICE of Non-Objection by United States of America (Romero, Kelsi) |
| Filing 197 STRICKEN. NOTICE of Non-Objection by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski re #189 REPORT AND RECOMMENDATIONS re #66 Motion to Remand to State Court filed by Robert Walker Recommending that Plaintiff's Motion to Remand (DE 66) be DENIED.. (Vine, S.) Modified per DE #203 Notice of Striking on 9/5/2024 (ebz). |
| Filing 196 NOTICE of Non-Objection by Zachary Scott Foster, Quarles & Brady LLP re #189 REPORT AND RECOMMENDATIONS re #66 Motion to Remand to State Court filed by Robert Walker Recommending that Plaintiff's Motion to Remand (DE 66) be DENIED.. (Foster, Zachary) |
| Filing 195 NOTICE of Non-Objection by Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank, U.S. Bank Home Mortgage d/b/a U.S. Bank National Association, U.S. Bank National Association re #189 REPORT AND RECOMMENDATIONS re #66 Motion to Remand to State Court filed by Robert Walker Recommending that Plaintiff's Motion to Remand (DE 66) be DENIED.. (Foster, Zachary) |
| Filing 194 Defendant's Notice OF NON-Objection by Property Transfer Services, Inc. re #189 REPORT AND RECOMMENDATIONS re #66 Motion to Remand to State Court filed by Robert Walker Recommending that Plaintiff's Motion to Remand (DE 66) be DENIED. (Diehl, Nathan) |
Filing 193
ORDER on Motion for Contempt. Order denying #129 Motion for Contempt of Court Order, Notice of Conflict of Joint Scheduling Report, or in the Alternative, Motion for Sanctions. Signed by Magistrate Judge Ryon M. McCabe on 9/3/2024. See attached document for full details. (kpe)
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| Filing 192 MEMORANDUM of Law (I) In Opposition (II) Motion for Final Summary Judgment and or in the Alternative Renewed (III) Motion for Declaratory Judgment and Renewed (IV) Motion for Partial Summary Judgment Against Mercedes F. Kelly and Mortgage Electronic Registration System, Inc., as Mortgagee an Successor In Interest to Regent Bank [D.E. 74] by Robert Walker. (kpe) |
| Filing 191 MEMORANDUM of Law (I) Motion Judicial Default (II) Motion for Final Summary Judgment and or in the Alternative Renewed (III) Motion for Declaratory Judgment and Renewed (IV) Motion for Partial Summary Judgment against Defendant Victoria Lynn Pagan f/k/a Victoria L Ruiz [D.E. 72] by Robert Walker. (kpe) |
| Filing 190 MEMORANDUM of Law (I) In Opposition (II) Motion for Final Summary Judgment and or in the Alternative Renewed (III) Motion for Declaratory Judgment and Renewed (IV) Motion for Partial Summary Judgment Against Property Transfer Services, Inc by Robert Walker. (kpe) |
| Filing 189 REPORT AND RECOMMENDATION on #66 Motion to Remand. Recommending that Plaintiff's Motion to Remand (DE 66) be DENIED. Objections to R&R due by 9/17/2024. Signed by Magistrate Judge Ryon M. McCabe on 9/3/2024. See attached document for full details. (kpe) |
| Filing 188 Clerk's Notice of Docket Correction. Document Filed in Wrong Case; Document restricted and docket text modified. Matter resolved in correct case # 24-cv-80258-RMM. (spe) |
| Filing 187 Docketed in error (sim) Modified on 8/29/2024 (spe). |
| Filing 186 Defendant's REPLY to Response to Motion re #77 Defendant's MOTION to Set Aside State Court Clerk's Entry of DefaultDefendant's MOTION to Dismiss for Lack of Jurisdiction Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by United States of America. (Romero, Kelsi) |
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Filing 185
PAPERLESS ORDER denying as moot #113 Defendants' Joint Motion to Compel Plaintiff's Compliance with the Court's Pretrial Order. Discovery has been stayed in this case #179 and the deadlines set forth in the Order at docket entry 4 will resume when the stay of discovery is lifted. Signed by Magistrate Judge Ryon M. McCabe on 8/28/2024. (sim)
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Filing 184
PAPERLESS ORDER granting #161 Motion to Withdraw as Counsel. The Motion requests that Jeremy M. Colvin of Cole Scott & Kissane, P.A., be withdrawn from this case, and advises that Jeremy F. Goldstein of Cole Scott & Kissane, P.A., will represent Defendants James E. Albertelli, P.A., d/b/a Albertelli Law; Justin Charles Ritchie; and Justin Allen Swosinki in this case. The Clerk of Court shall update the docket sheet accordingly. Signed by Magistrate Judge Ryon M. McCabe on 8/28/2024. (sim)
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Filing 183
PAPERLESS ORDER granting #160 Defendant Victoria Lynn Pagan's Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. Defendant Victoria Lynn Pagan's shall have until August 30, 2024 to respond to Plaintiff's Amended Complaint. Signed by Magistrate Judge Ryon M. McCabe on 8/28/2024. (sim)
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Filing 182
PAPERLESS ORDER granting #158 Defendant Victoria Lynn Pagan's Motion for Extension of Time to Respond to Plaintiff's Motion for Declaratory Judgment or Partial Summary Judgment. Defendant Victoria Lynn Pagan's shall have until August 30, 2024 to respond to Plaintiff's Motion for Declaratory Judgment or Partial Summary Judgment. Signed by Magistrate Judge Ryon M. McCabe on 8/28/2024. (sim)
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Filing 181
PAPERLESS ORDER granting #144 Plaintiff's Motion for Leave to File Excess Pages. The Court will accept Plaintiff's responses #145 , #146 , #148 , #149 as properly filed. Signed by Magistrate Judge Ryon M. McCabe on 8/28/2024. (sim)
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Filing 180
PAPERLESS ORDER granting #81 Plaintiff's Motion for Leave to File Excess Pages. The Court will accept Plaintiff's motions #72 , #74 , #75 , #76 as properly filed. Signed by Magistrate Judge Ryon M. McCabe on 8/28/2024. (sim)
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Filing 179
ORDER granting #78 Motion to Stay Discovery. Signed by Magistrate Judge Ryon M. McCabe on 8/28/2024. See attached document for full details. (spe)
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| Filing 178 MOTION TO STRIKE AND OR IN THE ALTERNATIVE (II) MOTION TO AMEND JUDICIAL NOTICE re #175 PLAINTIFFS' JUDICIAL NOTICE AND MEMORANDUM OF LAW by Robert Walker. Responses due by 9/10/2024. (ebz) |
| Filing 177 MEMORANDUM OF LAW IN OPPOSITION re #171 Response in Opposition to Motion, #163 Defendant's MOTION for Extension of Time DEFENDANT ROSSWAY SWAN TIERNEY BARRY & OLIVER, P.L.'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR CONTEMPT OF COURT ORDER, NOTICE OF CONFLICT OF JOINT SCHEDULING REPORT, OR I, #164 Notice (Other), #169 Notice (Other), #162 Response in Opposition to Motion, #172 Notice (Other), #166 Notice (Other) AND OR IN THE ALTERNATIVE RENEWED MOTION FOR CONTEMPT re #129 MOTION for Contempt MOTION for Sanctions, by Robert Walker. (ebz) |
| Filing 176 MEMORANDUM OF LAW IN OPPOSITION re #153 Response/Reply (Other), #152 Response/Reply (Other), AND Renewed Motion for Declaratory Judgment and or in the Alternative MOTION for Partial Summary Judgment, #97 Response in Opposition to Motion by Robert Walker. (ebz) |
| Filing 175 PLAINTIFFS' JUDICIAL NOTICE AND MEMORANDUM OF LAW by Robert Walker re #131 Notice (Other), #150 Statement, #128 Notice of Supplemental Authority, #88 Notice of Supplemental Authority, #152 Response/Reply (Other). (ebz) |
| Filing 174 MEMORANDUM OF LAW IN OPPOSITION re #156 Response/Reply (Other), #155 Response/Reply (Other) and Renewed Motion for Declaratory Judgment and or in the Alternative MOTION for Partial Summary Judgment, DE #76 by Robert Walker. (ebz) |
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Filing 173
PAPERLESS ORDER granting #163 Defendant Rossway Swan's Motion for Extension of Time to Respond. By September 6, 2024, Defendant Rossway Swan shall respond to Plaintiff's Motion for Contempt of Court Order, Notice of Conflict of Joint Scheduling Report, or in the Alternative Motion for Sanctions #129 . Signed by Magistrate Judge Ryon M. McCabe on 8/27/2024. (jb02)
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| Set/Reset Deadlines/Hearings as to #129 MOTION for Contempt MOTION for Sanctions. Responses due by 9/6/2024. Per DE 173 Order. (ebz) |
| Filing 172 Defendant's NOTICE OF JOINDER by Rossway, Swan, Tierney, Barry & Oliver, P.I. re #162 Response in Opposition to Motion, (Ford, Richards) |
| Filing 171 RESPONSE in Opposition re #129 MOTION for Contempt MOTION for Sanctions filed by Old Republic National Title Insurance Company. Replies due by 9/3/2024. (Huss, Joseph) |
| Filing 170 MOTION to Dismiss with Prejudice Plaintiff's Amended Complaint by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski. Responses due by 9/9/2024. (Attachments: #1 Exhibit 1 - Third Amended Complaint (2014 Case), #2 Exhibit 2 - Complaint for Foreclosure (2019 Case), #3 Exhibit 3 (composite) - Exhibits Ab, Ac, Ad, Ae, and Af to Plaintiff's Amended Complaint)(Goldstein, Jeremy) |
| Filing 169 NOTICE of Joinder by Zachary Scott Foster, Quarles & Brady LLP re #162 Response in Opposition to Motion, (Foster, Zachary) |
| Filing 168 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #6 Notice of Entry of Parties Listed into CM/ECF,,, by Zachary Scott Foster, Quarles & Brady LLP. Responses due by 9/9/2024. (Foster, Zachary) |
| Filing 167 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #6 Notice of Entry of Parties Listed into CM/ECF,,, #165 Notice (Other), by Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank, U.S. Bank Home Mortgage d/b/a U.S. Bank National Association, U.S. Bank National Association. Responses due by 9/9/2024. (Foster, Zachary) |
| Filing 166 Defendant's NOTICE of Joinder by Mercedes F. Kelly re #162 Response in Opposition to Motion, (McLean, Suzanne) |
| Filing 165 NOTICE Request for Judicial Notice by Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank, U.S. Bank Home Mortgage d/b/a U.S. Bank National Association, U.S. Bank National Association (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4) (Foster, Zachary) |
| Filing 164 Defendant's NOTICE OF JOINDER by Property Transfer Services, Inc. re #162 Response in Opposition to Motion, (Diehl, Nathan) |
| Filing 163 Defendant's MOTION for Extension of Time DEFENDANT ROSSWAY SWAN TIERNEY BARRY & OLIVER, P.L.'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR CONTEMPT OF COURT ORDER, NOTICE OF CONFLICT OF JOINT SCHEDULING REPORT, OR IN THE ALTERNATIVE MOTION FOR SANCTION re #129 MOTION for Contempt MOTION for Sanctions by Rossway, Swan, Tierney, Barry & Oliver, P.I.. Responses due by 9/9/2024. (Ford, Richards) |
| Filing 162 RESPONSE in Opposition re #129 MOTION for Contempt MOTION for Sanctions filed by United States of America. Replies due by 8/30/2024. (Attachments: #1 Exhibit A-Email Forwarding Order, #2 Exhibit B-Fedex Tracking)(Romero, Kelsi) |
| Filing 161 MOTION to Withdraw as Attorney by Jeremy M. Colvin for / by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski. Responses due by 9/6/2024. (Attachments: #1 Text of Proposed Order)(Colvin, Jeremy) |
| Filing 160 MOTION for Extension of Time to File Response Amended Complaint re #6 Notice of Entry of Parties Listed into CM/ECF, by victoria ruiz. (ebz) |
| Filing 159 RESPONSE MEMORANDUM OF LAW IN OPPOSITION TO #111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert Walker. Replies due by 8/30/2024. (ebz) |
| Filing 158 MOTION for Extension of Time to File Response to #72 MOTION for Declaratory Judgment MOTION for Partial Summary Judgment by victoria ruiz. (ebz) |
| Filing 157 RESPONSE MEMORANDUM OF LAW IN OPPOSITION TO #78 Defendant's MOTION to Stay Discovery, #77 Defendant's MOTION to Set Aside State Court Clerk's Entry of DefaultDefendant's MOTION to Dismiss for Lack of Jurisdiction Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert Walker. Replies due by 8/29/2024. (ebz) |
| Filing 156 RESPONSE to #76 MOTION for Declaratory Judgment MOTION for Partial Summary Judgment by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski. (Goldstein, Jeremy) |
| Filing 155 RESPONSE to #76 MOTION for Declaratory Judgment MOTION for Partial Summary Judgment, #146 Response/Reply (Other) by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski. (Goldstein, Jeremy) |
| Filing 154 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint by Mercedes F. Kelly. Responses due by 9/5/2024. (McLean, Suzanne) |
| Filing 153 Defendant's RESPONSE to #97 Response in Opposition to Motion of Plaintiff's Motion for Declaratory Judgment and/or in the Alternative Motion for Partial Summary Judgment by Rossway, Swan, Tierney, Barry & Oliver, P.I.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ford, Richards) |
| Filing 152 Defendant's RESPONSE to #97 Response in Opposition to Motion TO PLAINTIFF'S STATEMENT OF MATERIAL FACTS by Rossway, Swan, Tierney, Barry & Oliver, P.I.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit M-1, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P)(Ford, Richards) |
| Filing 151 Defendant's MOTION for Summary Judgment and Response in Opposition to [Dkt. 98] Plaintiff's Motion for Declaratory Judgment and/or Motion for Partial Summary Judgment by Property Transfer Services, Inc.. Responses due by 9/3/2024. (Diehl, Nathan) |
| Filing 150 Statement of: Material Facts by Property Transfer Services, Inc. re #98 Response in Opposition to Motion (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Diehl, Nathan) |
| Filing 149 RESPONSE MEMORANDUM of Law In Opposition to #116 Reply to Response to Motion by Robert Walker. (ebz) |
| Filing 148 RESPONSE MEMORANDUM of Law In Opposition to #110 Response in Opposition to Motion, #106 Response in Opposition to Motion, #109 Response to Motion, #103 Response/Reply (Other), by Robert Walker. (ebz) |
| Filing 147 Renewed RESPONSE in Opposition (3RD) re #66 Motion to Remand to State Court filed by Robert Walker. Replies due by 8/22/2024. (ebz) |
| Filing 146 RESPONSE MEMORANDUM OF LAW IN OPPOSITION TO #107 Response in Opposition to Motion, #103 Response/Reply (Other), by Robert Walker. (ebz) |
| Filing 145 RESPONSE Memorandum Of Law in Opposition to #107 Response in Opposition to Motion, #103 Response/Reply (Other), #108 Response in Opposition to Motion, by Robert Walker. (ebz) |
| Filing 144 MOTION for Leave to File Excess Pages To Respond To DE #103 , DE #106 , DE #107 , DE #108 , DE #109 , DE #110 , and DE #116 by Robert Walker. (ebz) |
| Filing 143 NOTICE of Attorney Appearance by S. Jonathan Vine on behalf of Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski. Attorney S. Jonathan Vine added to party Albertelli Law, P.A.(pty:dft), Attorney S. Jonathan Vine added to party Justin Charles Ritchie(pty:dft), Attorney S. Jonathan Vine added to party Justin Allen Swosinski(pty:dft). (Vine, S.) |
| Filing 142 Defendant's NOTICE OF JOINDER by Rossway, Swan, Tierney, Barry & Oliver, P.I. re #83 Response/Reply (Other), (Ford, Richards) |
| Filing 141 Defendant's Corporate Disclosure Statement by Albertelli Law, P.A. (Goldstein, Jeremy) |
| Filing 140 Defendant's NOTICE of Joinder by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski re #83 Response/Reply (Other), (Goldstein, Jeremy) |
| Filing 139 Defendant's NOTICE of Joinder by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski re #78 Defendant's MOTION to Stay Discovery (Goldstein, Jeremy) |
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Filing 138
PAPERLESS ORDER denying as moot Plaintiff's Motion for Judicial Default Against Notary Public Underwriters, Inc. #119 in light of Clerk's Entry of Default as to Notary Public Underwriters, Inc. #127 . Signed by Magistrate Judge Ryon M. McCabe on 8/13/2024. (ime)
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Filing 137
PAPERLESS ORDER denying Defendant's Motion to Strike #92 as moot in light of Omnibus Order Vacating Various Clerk's Entry of Defaults #135 . Signed by Magistrate Judge Ryon M. McCabe on 8/12/2024. (ime)
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| Filing 136 MEMORANDUM in Opposition re #96 Response in Opposition to Motion, by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski. (Goldstein, Jeremy) |
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Filing 135
OMNIBUS ORDER VACATING VARIOUS CLERK'S ENTRY OF DEFAULTS. ORDER granting #38 Motion to Vacate #38 Defendant's MOTION to Vacate #32 Clerk's Entry/Non-Entry of Default , #44 MOTION to Vacate #33 Clerk's Entry/Non-Entry of Default, #34 Clerk's Entry/Non-Entry of Default , #77 Defendant's MOTION to Set Aside State Court Clerk's Entry of DefaultDefendant's MOTION to Dismiss for Lack of Jurisdiction Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #23 Defendant's MOTION to Vacate #17 Clerk's Entry/Non-Entry of Default ; granting #44 Motion to Vacate #38 Defendant's MOTION to Vacate #32 Clerk's Entry/Non-Entry of Default , #44 MOTION to Vacate #33 Clerk's Entry/Non-Entry of Default, #34 Clerk's Entry/Non-Entry of Default , #77 Defendant's MOTION to Set Aside State Court Clerk's Entry of DefaultDefendant's MOTION to Dismiss for Lack of Jurisdiction Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #23 Defendant's MOTION to Vacate #17 Clerk's Entry/Non-Entry of Default ; granting #77 Motion to Set Aside #38 Defendant's MOTION to Vacate #32 Clerk's Entry/Non-Entry of Default , #44 MOTION to Vacate #33 Clerk's Entry/Non-Entry of Default, #34 Clerk's Entry/Non-Entry of Default , #77 Defendant's MOTION to Set Aside State Court Clerk's Entry of DefaultDefendant's MOTION to Dismiss for Lack of Jurisdiction Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #23 Defendant's MOTION to Vacate #17 Clerk's Entry/Non-Entry of Default ; granting #77 Motion to Dismiss for Lack of Jurisdiction; granting #77 Motion to Dismiss for Failure to State a Claim; granting #23 Motion to Vacate #38 Defendant's MOTION to Vacate #32 Clerk's Entry/Non-Entry of Default , #44 MOTION to Vacate #33 Clerk's Entry/Non-Entry of Default, #34 Clerk's Entry/Non-Entry of Default , #77 Defendant's MOTION to Set Aside State Court Clerk's Entry of DefaultDefendant's MOTION to Dismiss for Lack of Jurisdiction Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #23 Defendant's MOTION to Vacate #17 Clerk's Entry/Non-Entry of Default . Signed by Magistrate Judge Ryon M. McCabe on 8/12/2024. See attached document for full details. (amb)
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| Filing 134 NOTICE of Joinder by Zachary Scott Foster, Quarles & Brady LLP re #78 Defendant's MOTION to Stay Discovery (Foster, Zachary) |
| Filing 133 NOTICE of Joinder by Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank, U.S. Bank Home Mortgage d/b/a U.S. Bank National Association, U.S. Bank National Association re #78 Defendant's MOTION to Stay Discovery (Foster, Zachary) |
| Filing 132 RESPONSE in Opposition re #122 Plaintiff's Renewed PETITION for a Pure Bill of Discovery filed by Property Transfer Services, Inc. (Diehl, Nathan) Modified text and document link on 8/12/2024 (pcs). |
| Filing 131 NOTICE of Filing Affidavit by Robert Walker. (scn) |
| Filing 130 Renewed (I) Opposition to #78 Defendant's MOTION to Stay Discovery and (II) Opposition to Defendants Rossway Swan Tierney Barry & Oliver, P.L. Joinder of Consent filed by Robert Walker. Replies due by 8/19/2024. (scn) |
| Filing 129 MOTION for Contempt of Court Order (II) Notice of Conflict of Joint Scheduling Report [DE4] or in the Alternative MOTION for Sanctions by Robert Walker. Responses due by 8/26/2024. (scn) |
| Filing 128 Second Notice of Filing Supplemental Authority by Robert Walker. (scn) |
| Filing 127 Clerk's Entry of Default as to Notary Public Underwriters, Inc. Granting #125 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 8/12/2024. (scn) |
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Filing 126
PAPERLESS ORDER partially granting Plaintiff's Motion (I) to Stay and or in the Alternative (II) Motion for an Enlargement of Time #121 . Plaintiff shall have until August 23, 2024 to respond to the Motion to Dismiss portion of Defendant United States of America, Acting on Behalf of the Federal Housing Commissioner's Motion to Dismiss and To Set Aside Clerk's Entry of Default #77 . All further relief is denied. Signed by Magistrate Judge Ryon M. McCabe on 8/12/2024. (ime)
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| Filing 125 SECOND MOTION for Clerk's Entry of Default as to Notary Public Underwriters, Inc. by Robert Walker. (scn) |
| Filing 124 NOTICE of Refiling (I) Summons Issued Defendant Notary Public Underwriters, Inc. [DE 9] by Robert Walker. (scn) |
| Filing 123 Defendant's NOTICE OF JOINDER by Rossway, Swan, Tierney, Barry & Oliver, P.I. re #78 Defendant's MOTION to Stay Discovery (Ford, Richards) |
| Filing 116 Defendant's REPLY to Response to Motion re #50 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Property Transfer Services, Inc.. (Diehl, Nathan) |
| Filing 122 RESPONSE in Opposition to DE #83 RESPONSE In Opposition to Plaintiff's Second Amended Petition for Pure Bill of Discovery, #78 Defendant's MOTION to Stay Discovery and RENEWED PETITION FOR A PURE BILL OF DISCOVERY AGAINST DEFENDANTS' U.S. BANK NATIONAL ASSOCIATION, U.S. BANK HOME MORTGAGE, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE AND SUCCESSOR IN INTEREST TO REGENT BAN, PROPERTY TRANSFER SERVICES, INC. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, ALBERTELLI LAW, ROSSWAY SWAN TIERNEY BARRY & OLIVER, P.L. filed by Robert Walker. Replies due by 8/15/2024. (ebz) |
| Filing 121 (I) MOTION to Stay and or in the Alternative (II) Motion for an Enlargement of Time to File Response/Reply/Answer as to #77 Defendant's MOTION to Set Aside State Court Clerk's Entry of DefaultDefendant's MOTION to Dismiss for Lack of Jurisdiction Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Robert Walker. (Responses due by 8/22/2024) (ebz) |
| Filing 120 MOTION for Declaratory Judgment, MOTION for Sanctions for Non-Compliance (II) and or in the Alternative (III) Motion for Partial Summary Judgment against Defendant Notary Public Underwriters, Inc. ( Responses due by 8/22/2024.) by Robert Walker. (ebz) |
| Filing 119 MOTION FOR JUDICIAL DEFAULT AGAINST NOTARY PUBLIC UNDERWRITERS, INC. by Robert Walker. (ebz) |
| Filing 118 Clerk's Non-Entry of Default as to Notary Public Underwriters, Inc. - Motions Terminated: #117 Motion for Clerks Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket for this case. Signed by DEPUTY CLERK on 8/9/2024. (ebz) |
| Filing 117 MOTION for Clerk's Entry of Default as to Notary Public Underwriters, Inc. by Robert Walker. (ebz) |
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Filing 115
PAPERLESS ORDER partially granting #114 Motion for Extension of Time. Defendants Zachary Scott Foster and Quarles & Brady LLP's shall have until the end of August 26, 2024 to Respond to Plaintiff's Amended Complaint. Signed by Magistrate Judge Ryon M. McCabe on 8/8/2024. (ime)
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| Filing 114 MOTION for Extension of Time to File Response/Reply/Answer as to #6 Notice of Entry of Parties Listed into CM/ECF,, [6-1] Amended Complaint by Zachary Scott Foster, Quarles & Brady LLP. Attorney Zachary Scott Foster added to party Zachary Scott Foster(pty:dft), Attorney Zachary Scott Foster added to party Quarles & Brady LLP(pty:dft). (Attachments: #1 Exhibit Ex A - proposed order)(Foster, Zachary) |
| Filing 113 Joint MOTION to Compel Compliance with Court's Pretrial Order [Dkt. 4] by Albertelli Law, P.A., Mercedes F. Kelly, Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank, Old Republic National Title Insurance Company, Property Transfer Services, Inc., Justin Charles Ritchie, Rossway, Swan, Tierney, Barry & Oliver, P.I., Justin Allen Swosinski, U.S. Bank Home Mortgage d/b/a U.S. Bank National Association, U.S. Bank National Association, United States of America. Responses due by 8/22/2024. (Attachments: #1 Exhibit A)(Diehl, Nathan) |
| Filing 112 Corporate Disclosure Statement by Old Republic National Title Insurance Company (Huss, Joseph) |
| Filing 111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Old Republic National Title Insurance Company. Responses due by 8/22/2024. (Huss, Joseph) |
| Filing 110 RESPONSE in Opposition re #74 MOTION for Declaratory Judgment MOTION for Partial Summary Judgment filed by Mercedes F. Kelly. Replies due by 8/15/2024. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F", #7 Exhibit "G", #8 Exhibit "H")(McLean, Suzanne) |
| Filing 109 RESPONSE to Motion re #74 MOTION for Declaratory Judgment MOTION for Partial Summary Judgment filed by Mercedes F. Kelly. Replies due by 8/15/2024. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F", #7 Exhibit "G")(McLean, Suzanne) |
| Filing 108 RESPONSE in Opposition re #75 MOTION for Declaratory Judgment MOTION for Partial Summary Judgment filed by U.S. Bank Home Mortgage d/b/a U.S. Bank National Association, U.S. Bank National Association. Replies due by 8/15/2024. (Foster, Zachary) |
| Filing 107 RESPONSE in Opposition re #76 MOTION for Declaratory Judgment MOTION for Partial Summary Judgment filed by U.S. Bank National Association. Replies due by 8/15/2024. (Foster, Zachary) |
| Filing 106 RESPONSE in Opposition re #74 MOTION for Declaratory Judgment MOTION for Partial Summary Judgment filed by Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank. Replies due by 8/15/2024. (Foster, Zachary) |
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Filing 105
PAPERLESS ORDER granting #102 Defendant, Mercedes F. Kelly's Motion for Extension of Time to Respond. This Defendant has until August 22, 2024 to respond to Plaintiff's Motion #74 . Signed by Magistrate Judge Ryon M. McCabe on 8/8/2024. (ime)
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Filing 104
PAPERLESS ORDER granting #100 Defendants Justin Charles Ritchie, Justin Allen Swosinski, and James E Albertelli, P.A., d/b/a Albertelli Law's Motion for Extension of Time to Respond. This Defendant has until August 22, 2024 to respond to Plaintiff's Motion #76 . Signed by Magistrate Judge Ryon M. McCabe on 8/8/2024. (ime)
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| Filing 103 RESPONSE to #75 MOTION for Declaratory Judgment MOTION for Partial Summary Judgment, #76 MOTION for Declaratory Judgment MOTION for Partial Summary Judgment, #74 MOTION for Declaratory Judgment MOTION for Partial Summary Judgment Statement of Material Facts by Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank, U.S. Bank Home Mortgage d/b/a U.S. Bank National Association, U.S. Bank National Association. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C, #4 Exhibit Ex D, #5 Exhibit Ex E, #6 Exhibit Ex F, #7 Exhibit Ex G, #8 Exhibit Ex H, #9 Exhibit Ex I, #10 Exhibit Ex J, #11 Exhibit Ex K, #12 Exhibit Ex L, #13 Exhibit Ex M, #14 Exhibit Ex N, #15 Exhibit Ex O, #16 Exhibit Ex P)(Foster, Zachary) |
| Filing 102 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #74 MOTION for Declaratory Judgment MOTION for Partial Summary Judgment by Mercedes F. Kelly. (McLean, Suzanne) |
| Filing 101 Defendant's NOTICE OF JOINDER by Rossway, Swan, Tierney, Barry & Oliver, P.I. re #94 Response in Opposition to Motion, #82 Response in Opposition to Motion (Ford, Richards) |
| Filing 100 MOTION for Extension of Time to File Response/Reply/Answer as to #76 MOTION for Declaratory Judgment MOTION for Partial Summary Judgment by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski. (Goldstein, Jeremy) |
| Filing 99 NOTICE Of Refiling Motion In (I) Opposition to Defendant's Motion to Vacate Clerk's Entry of Default and Supporting Memorandum of Law by Robert Walker re #79 Response in Opposition to Motion. (ebz) |
| Filing 98 RESPONSE in Opposition re #50 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Robert Walker. Replies due by 8/12/2024. (ebz) |
| Filing 97 RESPONSE in Opposition re #54 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert Walker. Replies due by 8/12/2024. (ebz) |
| Filing 96 RENEWED (I) RESPONSE in Opposition re #82 RESPONSE in Opposition, Renewed (II) re #66 Motion to Remand to State Court, Renewed (III) Opposition to Motion to Vacate and or in the alternative renewed (IV) Motion to Deem waived and Untimely re #79 RESPONSE in Opposition Replies due by 8/12/2024. (ebz) |
| Filing 95 REPLY IN SUPPORT OF DEFENDANTS U.S. BANK NATIONAL ASSOCIATION AND MORTGAGE REGISTRATION SYSTEMS, INC.'S MOTION re #44 MOTION to Vacate #33 Clerk's Entry/Non-Entry of Default, #34 Clerk's Entry/Non-Entry of Default filed by Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank, U.S. Bank National Association. (Foster, Zachary) Modified text on 8/5/2024 (ebz). |
| Filing 94 RESPONSE in Opposition re #66 Motion to Remand to State Court filed by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski. Replies due by 8/9/2024. (Attachments: #1 Exhibit Correspondence)(Goldstein, Jeremy) |
| Filing 93 Defendant's REPLY to Response to Motion re #23 Defendant's MOTION to Vacate #17 Clerk's Entry/Non-Entry of Default filed by Mercedes F. Kelly. (McLean, Suzanne) |
| Filing 92 Defendant's MOTION to Strike #89 Response in Opposition to Motion by Mercedes F. Kelly. Responses due by 8/16/2024. (McLean, Suzanne) |
| Filing 91 Defendant's NOTICE of Consent by Mercedes F. Kelly re #1 Notice of Removal (State Court Complaint), (McLean, Suzanne) |
| Filing 90 Defendant's NOTICE of Joinder by Mercedes F. Kelly re #78 Defendant's MOTION to Stay Discovery (McLean, Suzanne) |
| Filing 89 REPLY to Plaintiff's Opposition re #79 RESPONSE in Opposition, #23 Defendant's MOTION to Vacate #17 Clerk's Entry/Non-Entry of Default , #44 MOTION to Vacate #33 Clerk's Entry/Non-Entry of Default, #34 Clerk's Entry/Non-Entry of Default , #38 Defendant's MOTION to Vacate #32 Clerk's Entry/Non-Entry of Default filed by Robert Walker. (McLean, Suzanne) Modified document link on 8/2/2024 (ebz). |
| Filing 88 Notice of Filing Supplemental Authority by Robert Walker. (Attachments: #1 1, #2 2, #3 3, #4 4, #5 5, #6 6, #7 7, #8 8, #9 9, #10 10) (ebz) |
| Filing 87 NOTICE of filing proof of service of documents from STATE COURT Case 562024CA001112AXXXHC by Robert Walker (ebz) |
| Filing 86 Defendant's NOTICE of Consent by Rossway, Swan, Tierney, Barry & Oliver, P.I. re #1 Notice of Removal (State Court Complaint), (Ford, Richards) |
| Filing 85 Defendant's REPLY to Response to Motion re #79 JOINT STIPULATION OF DISMISSAL WITH PREJUDICE, #38 Defendant's MOTION to Vacate #32 Clerk's Entry/Non-Entry of Default filed by Property Transfer Services, Inc.. (Diehl, Nathan) Modified document link on 7/30/2024 (ebz). |
| Filing 84 Defendant's NOTICE of Joinder by Property Transfer Services, Inc. re #78 Defendant's MOTION to Stay Discovery (Diehl, Nathan) |
| Filing 83 RESPONSE In Opposition to Plaintiff's Second Amended Petition for Pure Bill of Discovery by Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank, U.S. Bank Home Mortgage d/b/a U.S. Bank National Association, U.S. Bank National Association. (Attachments: #1 Exhibit Ex A)(Foster, Zachary) |
| Filing 82 RESPONSE in Opposition re #66 Motion to Remand to State Court filed by United States of America. Replies due by 8/5/2024. (Romero, Kelsi) |
| Filing 81 MOTION for Leave to File Excess Pages of Eight (8) To Plaintiff's Motion for Partial Summary Judgments DE #72 , DE #74 , DE #75 and DE #76 by Robert Walker. (ebz) |
| Filing 80 RESPONSE in Opposition re #49 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Amended Complaint, #61 MOTION for Extension of Time to File Response/Reply/Answer , #43 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Amended Complaint, #46 Defendant's MOTION to Amend/Correct #43 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Amended Complaint , #63 MOTION for Extension of Time to File Response/Reply/Answer, #45 MOTION for Extension of Time to File Response/Reply/Answer to Amended Complaint filed by Robert Walker. Replies due by 8/5/2024. (ebz) |
| Filing 79 RESPONSE in Opposition re #23 Defendant's MOTION to Vacate #17 Clerk's Entry/Non-Entry of Default , #44 MOTION to Vacate #33 Clerk's Entry/Non-Entry of Default, #34 Clerk's Entry/Non-Entry of Default , #38 Defendant's MOTION to Vacate #32 Clerk's Entry/Non-Entry of Default filed by Robert Walker. Replies due by 8/5/2024. (ebz) |
| Filing 78 Defendant's MOTION to Stay Discovery by United States of America. Responses due by 8/9/2024. (Attachments: #1 Text of Proposed Order)(Romero, Kelsi) |
| Filing 77 Defendant's MOTION to Set Aside State Court Clerk's Entry of Default, Defendant's MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 8/9/2024.), Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 8/9/2024.) by United States of America. (Romero, Kelsi) |
| Filing 76 MOTION for Declaratory Judgment and or in the Alternative (II) MOTION for Partial Summary Judgment Against Defendants Justin Allen Swosinski, James E. Albertelli, P.A. d/b/a/ Albertelli Law, and U.S. Bank National Association (Responses due by 8/8/2024) by Robert Walker. (ebz) |
| Filing 75 (I) MOTION for Declaratory Judgment and or in the Alternative (II) MOTION for Partial Summary Judgment against Defendants U.S.Bank Home Mortgage and U.S. Bank National Association (Responses due by 8/8/2024) by Robert Walker. (ebz) |
| Filing 74 (I) MOTION for Declaratory Judgment and or in the Alternative (II) MOTION for Partial Summary Judgment Against Defendants Mercedes F. Kelly, Mortgage Electronic Registration Systems, Inc., as Mortgagee and Successor in interest to Regent Bank (Responses due by 8/8/2024) by Robert Walker. (ebz) |
| Filing 73 NOTICE Of (I) Filing Non-Military Affidavit (for Justin Allen Swosinski) re #10 Notice (Other) by Robert Walker. (ebz) |
| Filing 72 (I) MOTION for Declaratory Judgment and or in the Alternative (II) MOTION for Partial Summary Judgment Against Defendants Victoria Lynn Pagan f/k/a/ Victoria L. Ruiz (Responses due by 8/8/2024) by Robert Walker. (ebz) |
| Filing 71 NOTICE Of (I) Filing Non-Military Affidavit (for Justin Charles Ritchie) re #10 Notice (Other) by Robert Walker. (ebz) |
| Filing 70 Notice of Filing SUMMONS (Affidavit) Returned Executed documents from State Court Case 562024CA001112AXXXHC on #1 Notice of Removal (State Court Complaint), by Robert Walker. Albertelli Law, P.A. Notary Public Underwriters, Inc. (ebz) Modified text per Chambers request on 8/1/2024 (ebz). |
| Filing 69 NOTICE Of (I) Filing Non-Military Affidavit (for Victoria Lynn Pagan f/k/a/ Victoria L. Ruiz) re #10 Notice (Other) by Robert Walker. (ebz) |
| Filing 68 NOTICE Of (I) Filing Non-Military Affidavit (for Zachary Scott Foster) re #10 Notice (Other) by Robert Walker. (ebz) |
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Filing 67
PAPERLESS ORDER granting #63 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Defendant Victoria Ruiz shall have until August 22, 2024 to respond to Plaintiff's Amended Complaint. Signed by Magistrate Judge Ryon M. McCabe on 7/25/2024. (ime)
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| Filing 66 PLAINTIFF'S (I) OPPOSITION to #60 Notice Of Removal and (II) MOTION TO REMAND and or in the Alternative (III) Motion to Strike by Robert Walker. (ebz) Modified/Converted to motion on 7/29/2024 (pes). |
| Filing 65 Clerk's Non-Entry of Default as to victoria ruiz - Motions Terminated: #64 Motion for Clerks Entry of Default. Reason: Responsive pleading (i.e. Motion for Extension of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed Signed by DEPUTY CLERK on 7/25/2024. (ebz) |
| Filing 64 MOTION for Clerk's Entry of Default as to victoria ruiz by Robert Walker. (ebz) |
| Filing 63 MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT AND AMENDED COMPLAINTS by victoria ruiz. (ebz) |
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Filing 62
PAPERLESS ORDER granting #61 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Defendants Justin Charles Ritchie, Justin Allen Swosinksi, and James E. Albertelli, P.A., d/b/a Albertelli Law have until August 26, 2024 to respond to Plaintiff's Amended Complaint. Signed by Magistrate Judge Ryon M. McCabe on 7/23/2024. (ime)
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| Filing 61 MOTION for Extension of Time to File Response/Reply/Answer by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski. (Attachments: #1 Text of Proposed Order)(Goldstein, Jeremy) |
| Filing 60 NOTICE of Removal by Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski (Attachments: #1 Exhibit A (Part 1 of 2) - List of Removal Documents, #2 Exhibit A (Part 2 of 2) - List of Removal Documents, #3 Civil Cover Sheet) (Goldstein, Jeremy) |
| Filing 59 NOTICE of Attorney Appearance by Jeremy Franklin Goldstein on behalf of Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski. Attorney Jeremy Franklin Goldstein added to party Albertelli Law, P.A.(pty:dft), Attorney Jeremy Franklin Goldstein added to party Justin Charles Ritchie(pty:dft), Attorney Jeremy Franklin Goldstein added to party Justin Allen Swosinski(pty:dft). (Goldstein, Jeremy) |
| Filing 58 NOTICE of Attorney Appearance by Jeremy Michael Colvin on behalf of Albertelli Law, P.A., Justin Charles Ritchie, Justin Allen Swosinski. Attorney Jeremy Michael Colvin added to party Albertelli Law, P.A.(pty:dft), Attorney Jeremy Michael Colvin added to party Justin Charles Ritchie(pty:dft), Attorney Jeremy Michael Colvin added to party Justin Allen Swosinski(pty:dft). (Colvin, Jeremy) |
| Filing 57 Defendant's Corporate Disclosure Statement by Property Transfer Services, Inc. (Diehl, Nathan) |
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Filing 56
PAPERLESS ORDER granting #49 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Defendant Old Republic National Title Insurance Company shall have until August 9, 2024 to respond to Plaintiff's Amended Complaint. Signed by Magistrate Judge Ryon M. McCabe on 7/22/2024. (ime)
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| Filing 55 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Rossway, Swan, Tierney, Barry & Oliver, P.I. (Ford, Richards) |
| Filing 54 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Rossway, Swan, Tierney, Barry & Oliver, P.I.. Responses due by 8/5/2024. (Ford, Richards) |
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Filing 53
PAPERLESS ORDER granting #45 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Defendants U.S. Bank Home Mortgage, U.S. Bank National Association, and Mortgage Electronic Registration Systems, Inc. have until August 26, 2024 to respond to Plaintiff's Amended Complaint. Signed by Magistrate Judge Ryon M. McCabe on 7/22/2024. (ime)
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Filing 52
PAPERLESS ORDER denying as moot #46 Motion to Amend/Correct. Signed by Magistrate Judge Ryon M. McCabe on 7/22/2024. (ime)
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Filing 51
PAPERLESS ORDER granting #43 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Defendant Mercedes F. Kelly shall have up until August 26, 2024 to file her Response/Answer to Plaintiff's Amended Complaint. Signed by Magistrate Judge Ryon M. McCabe on 7/22/2024. (ime)
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| Filing 50 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint by Property Transfer Services, Inc.. Responses due by 8/5/2024. (Diehl, Nathan) |
| Filing 49 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Amended Complaint by Old Republic National Title Insurance Company. (Attachments: #1 Text of Proposed Order Exhibit 1)(Henning, Justin) |
| Filing 48 Statement of: Compliance with Conferral Requirements by Property Transfer Services, Inc. re #38 Defendant's MOTION to Vacate #32 Clerk's Entry/Non-Entry of Default (Diehl, Nathan) |
| Filing 47 Corporate Disclosure Statement by Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank, U.S. Bank Home Mortgage d/b/a U.S. Bank National Association, U.S. Bank National Association identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association; Corporate Parent Merscorp Holdings, Inc., Corporate Parent Intercontinental Exchange, Inc., Corporate Parent ICE Mortgage Services, LLC for Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank; Corporate Parent U.S. Bank National Association for U.S. Bank Home Mortgage d/b/a U.S. Bank National Association (Foster, Zachary) |
| Filing 46 Defendant's MOTION to Amend/Correct #43 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Amended Complaint by Mercedes F. Kelly. Responses due by 8/2/2024. (Attachments: #1 Text of Proposed Order 1)(McLean, Suzanne) |
| Filing 45 MOTION for Extension of Time to File Response/Reply/Answer to Amended Complaint by U.S. Bank Home Mortgage d/b/a U.S. Bank National Association, U.S. Bank National Association. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Text of Proposed Order Ex. 3)(Foster, Zachary) |
| Filing 44 MOTION to Vacate #33 Clerk's Entry/Non-Entry of Default, #34 Clerk's Entry/Non-Entry of Default by Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank, U.S. Bank National Association. Responses due by 8/1/2024. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12, #13 Exhibit Ex. 13, #14 Exhibit Ex. 14)(Foster, Zachary) |
| Filing 43 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Amended Complaint by Mercedes F. Kelly. (McLean, Suzanne) |
| Filing 42 Defendant's NOTICE of filing "Motion for Enlargement of Time to Respond to Plaintiff's Discovery Requests and/or Motion to Stay Discovery" filed in State Court by Mercedes F. Kelly (Attachments: #1 Exhibit 1) (McLean, Suzanne) |
| Filing 41 Defendant's NOTICE of filing "Motion for Enlargement of Time to Respond to Plaintiff's Complaint" filed in State Court by Mercedes F. Kelly (Attachments: #1 Exhibit 1) (McLean, Suzanne) |
| Filing 40 NOTICE of Attorney Appearance by Richards Huff Ford on behalf of Rossway, Swan, Tierney, Barry & Oliver, P.I. (Ford, Richards) |
| Filing 39 NOTICE of Attorney Appearance by Richards Huff Ford on behalf of Rossway, Swan, Tierney, Barry & Oliver, P.I.. Attorney Richards Huff Ford added to party Rossway, Swan, Tierney, Barry & Oliver, P.I.(pty:dft). (Ford, Richards) |
| Filing 38 Defendant's MOTION to Vacate #32 Clerk's Entry/Non-Entry of Default by Property Transfer Services, Inc.. Responses due by 8/1/2024. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Diehl, Nathan) |
| Filing 37 NOTICE of Attorney Appearance by Nathan Franklin Diehl on behalf of Property Transfer Services, Inc.. Attorney Nathan Franklin Diehl added to party Property Transfer Services, Inc.(pty:dft). (Diehl, Nathan) |
| Filing 36 NOTICE of Attorney Appearance by Brett Devereux Divers on behalf of Property Transfer Services, Inc.. Attorney Brett Devereux Divers added to party Property Transfer Services, Inc.(pty:dft). (Divers, Brett) |
| Filing 35 NOTICE of Attorney Appearance by Zachary Scott Foster on behalf of Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank, U.S. Bank Home Mortgage d/b/a U.S. Bank National Association, U.S. Bank National Association. Attorney Zachary Scott Foster added to party Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank(pty:dft), Attorney Zachary Scott Foster added to party U.S. Bank Home Mortgage d/b/a U.S. Bank National Association(pty:dft), Attorney Zachary Scott Foster added to party U.S. Bank National Association(pty:dft). (Foster, Zachary) |
| Filing 34 (VACATED per DE #135 ) Clerk's Entry of Default as to U.S. Bank National Association - Motions Terminated: #28 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 7/17/2024. (ebz) Text Modified on 8/12/2024 (amb). |
| Filing 33 (VACATED per DE #135 ) Clerk's Entry of Default as to Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank - Motions Terminated: #29 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 7/17/2024. (ebz) Text Modified on 8/12/2024 (amb). |
| Filing 32 (VACATED per DE #135 ) Clerk's Entry of Default as to Property Transfer Services, Inc. - Motions Terminated: #27 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 7/17/2024. (ebz) Text Modified on 8/12/2024 (amb). |
| Filing 31 Clerk's Non-Entry of Default as to Mercedes F. Kelly - Motions Terminated: #30 Motion for Clerks Entry of Default. Reason: Responsive pleading (i.e. Motion for Extension of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed Signed by DEPUTY CLERK on 7/17/2024. (ebz) |
| Filing 30 MOTION for Clerk's Entry of Default as to Mercedes F. Kelly by Robert Walker. (ebz) |
| Filing 29 MOTION for Clerk's Entry of Default as to Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank by Robert Walker. (ebz) |
| Filing 28 MOTION for Clerk's Entry of Default as to U.S. Bank National Association by Robert Walker. (ebz) |
| Filing 27 MOTION for Clerk's Entry of Default as to Property Transfer Services, Inc. by Robert Walker. (ebz) |
| Filing 26 Notice of Filing the Certificate of Interested Persons and Corporate Disclosure Statement by Robert Walker. (ebz) |
| Filing 25 NOTICE Of Summons Issued by Robert Walker. (ebz) |
| Filing 24 RESPONSE in Opposition re #7 Defendant's MOTION for Extension of Time to File Response/Reply/Answer filed by Robert Walker. Replies due by 7/24/2024. (ebz) |
| Filing 23 Defendant's MOTION to Vacate #17 Clerk's Entry/Non-Entry of Default by Mercedes F. Kelly. Attorney Suzanne Marie McLean added to party Mercedes F. Kelly(pty:dft). Responses due by 7/31/2024. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F")(McLean, Suzanne) |
| Filing 22 NOTICE OF FILING MOTION TO DISMISS PENDING PRIOR TO REMOVAL by Old Republic National Title Insurance Company (Attachments: #1 Exhibit Exhibit 1) (Huss, Joseph) |
| Filing 21 NOTICE of Attorney Appearance by Joseph James Huss on behalf of Old Republic National Title Insurance Company. Attorney Joseph James Huss added to party Old Republic National Title Insurance Company(pty:dft). (Huss, Joseph) |
| Filing 20 NOTICE of Attorney Appearance by Justin Michael Henning on behalf of Old Republic National Title Insurance Company. Attorney Justin Michael Henning added to party Old Republic National Title Insurance Company(pty:dft). (Henning, Justin) |
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Filing 19
PAPERLESS ORDER granting #7 Motion for Extension of Time to File Response/Answer. Defendant United States of America's Response/Answer shall be due on August 27, 2024. Signed by Magistrate Judge Ryon M. McCabe on 7/17/2024. (ime)
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| Filing 18 Clerk's Non-Entry of Default as to Property Transfer Services, Inc. - Motions Terminated: #13 Motion for Clerks Entry of Default. Reason: Answer deadline has NOT lapsed Signed by DEPUTY CLERK on 7/16/2024. (ebz) |
| Filing 17 (VACATED per DE #135 ) Clerk's Entry of Default as to Mercedes F. Kelly - Motions Terminated: #14 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 7/16/2024. (ebz) Text Modified on 8/12/2024 (amb). |
| Filing 16 Clerk's Non-Entry of Default as to UNITED STATES OF AMERICA - Motions Terminated: #15 Motion for Clerks Entry of Default. Reason: Answer deadline has NOT lapsed Signed by DEPUTY CLERK on 7/16/2024. (ebz) |
| Filing 15 MOTION for Clerk's Entry of Default as to UNITED STATES OF AMERICA by Robert Walker. (ebz) |
| Filing 14 MOTION for Clerk's Entry of Default as to Mercedes F. Kelly by Robert Walker. (ebz) |
| Filing 13 MOTION for Clerk's Entry of Default as to Property Transfer Services, Inc. by Robert Walker. (ebz) |
| Filing 12 Consent by Pro Se Litigant (Non-Prisoner) Robert Walker to receive Notices of Electronic Filing at email address: [email protected] (ebz) |
| Filing 11 NOTICE of Limited Appearance (General) by Robert Walker. (ebz) |
| Filing 10 NOTICE Of (1) Non-Military Affidavit and (1) Notice Of Filing Proof Of Service re DE #1 by Robert Walker (ebz) |
| Filing 9 Notice of Filing SUMMONS (Affidavit) Returned Executed documents from State Court Case 562024CA001112AXXXHC on #1 Notice of Removal (State Court Complaint), by Robert Walker. Mercedes F. Kelly; Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank; Old Republic National Title Insurance Company; Property Transfer Services, Inc.; Justin Charles Ritchie; Rossway, Swan, Tierney, Barry & Oliver, P.I.; Justin Allen Swosinski; U.S. Bank National Association; victoria ruiz. (ebz) Modified text per Chambers request on 8/1/2024 (ebz). |
| Filing 8 SUMMONS (Affidavit) Returned Executed by Robert Walker. UNITED STATES OF AMERICA served on 6/25/2024, response/answer due 8/26/2024. (ebz) |
| Filing 7 Defendant's MOTION for Extension of Time to File Response/Reply/Answer by UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order, #2 Exhibit A-Amended Complaint)(Romero, Kelsi) |
| Filing 6 Notice of Entry of Parties Listed and Notice of Amended Complaint NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): victoria ruiz, Albertelli Law, P.A., U.S. Bank Home Mortgage d/b/a U.S. Bank National Association, U.S. Bank National Association, Justin Charles Ritchie, Justin Allen Swosinski, Zachary Scott Foster, Quarles & Brady LLP, Rossway, Swan, Tierney, Barry & Oliver, P.I., Mortgage Electronic Registration Systems, Inc. as Mortgagee and Sucessor in Interest to Regent Bank, Old Republic National Title Insurance Company, Property Transfer Services, Inc., Mercedes F. Kelly and Notary Public Underwriters, Inc.. (Attachments: #1 Exhibit A- Amended Complaint) (Romero, Kelsi) Modified text on 8/22/2024 (jua). |
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Filing 5
PAPERLESS ORDER REFERRING CASE. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Ryon M. McCabe to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 7/16/2024. (gbn)
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Filing 4
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 7/16/2024. (gbn)
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| Filing 3 NOTICE of Compliance by UNITED STATES OF AMERICA (Attachments: #1 Exhibit A-State Court Filing) (Romero, Kelsi) |
| 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 Ryon M. McCabe 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. (pc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages and Incidental Relief) Filing fee $405.00. USA Filer - No Filing Fee Required, filed by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit 1-State Court Pleadings, #2 Civil Cover Sheet)(Romero, Kelsi) (Complaint see page 39 of Exh., no Answer/Motion to Dismiss filed) Modified text on 7/15/2024 (pc). |
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