Brooks v. White et al
| Leah M. Brooks |
| Judge Rebecca Ivy White, Judge Cynthia Cox, Mccalla Raymer Liebert Pierce LLP, United Wholesale Mortgage, Lakeview Loan Servicing, LLC, Ryan Butler, Sheriff Eric Flowers and Mr. Cooper |
| 2:2025cv14280 |
| August 11, 2025 |
| U.S. District Court for the Southern District of Florida |
| Aileen M Cannon |
| Shaniek Mills Maynard |
| Civil Rights: Other |
| 42 U.S.C. § 1983 State Prisoner Civil Rights |
| None |
Docket Report
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Filing 67
PAPERLESS ORDER granting #65 Defendants' Motion to Stay Discovery, filed by Judge-Defendants Cynthia Cox and Rebecca Ivy White. In the exercise of the Court's broad discretion to control its docket and to manage discovery, see Clinton v. Jones, 520 U.S. 681, 706 (1997), all discovery is stayed pending resolution of the Motion to Dismiss #41 , which raises substantial facial challenges to the legal sufficiency of Plaintiff's Amended Complaint #36 . Signed by Judge Aileen M. Cannon on 10/22/2025. (tkh)
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| Filing 66 RESPONSE in Opposition re #65 MOTION to Stay Discovery filed by Leah M. Brooks. Replies due by 10/28/2025. (Attachments: #1 Exhibit A)(kpe) |
| Filing 65 MOTION to Stay Discovery by Cynthia Cox, Rebecca Ivy White. Responses due by 10/31/2025. (Hardy, Maryssa) |
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Filing 64
PAPERLESS ORDER denying Plaintiff's #61 Renewed Motion for Leave to File Supplement to Verified Complaint. Rule 15(d) of the Federal Rules of Civil Procedure permits supplementation of a pleading, on "just terms," to reflect developments "after the date of the pleading to be supplemented." Fed. R. Civ. P. 15(d). Plaintiff's Renewed Motion, and the subsequent unauthorized "Supplement to Verified Complaint" #62 , does not meet that standard. To the degree Plaintiff believes Rule 15(d) authorizes an open-ended license to "submit additional verified supplements as necessary to ensure the Court is apprised of continuing harm" [ECF No. 51 p. 2], Plaintiff is mistaken. Any request to proceed under Rule 15(d) will be measured against the explicit limits of that narrow provision, which does not give litigants free-wheeling power to clog the docket with supplemental filings upon filings, especially not when a Rule 12 motion is pending before the Court on an operative pleading (as it is here) #36 #41 . Plaintiff is cautioned that future unauthorized supplements will be stricken without further notice. Signed by Judge Aileen M. Cannon on 10/16/2025. (tkh)
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Filing 63
PAPERLESS ORDER denying "Plaintiff's Verified Ex Parte Affidavit of Exigent Circumstances," docketed as a Motion by the Clerk #5 . The Affidavit was filed in support of Plaintiff's Emergency Motion for Injunctive Relief, which the Court has already denied #11 #39 . Signed by Judge Aileen M. Cannon on 10/16/2025. (tkh)
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| Filing 62 Supplement to Verified Complaint Regarding Post Filing Violations (Pursuant to Federal Rules of Civil Procedure 15(d)) re #36 Amended Complaint/Amended Notice of Removal, by Leah M. Brooks (Attachments: #1 Exhibit)(pc) |
| Filing 61 Plaintiff's Renewed Motion for Leave to File Supplement to Verified Complaint Regarding Post Filing Violations (with Certificate of Conference) (Pursuant to Federal Rules of Civil Procedure 15(d)) by Leah M. Brooks. (pc) (Additional attachment(s) added on 10/15/2025: #1 Exhibit, #2 Text of Proposed Order) (pc). |
| Filing 60 Joint REPLY in Support of Motion re #41 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Cynthia Cox, Rebecca Ivy White. (Hardy, Maryssa) |
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Filing 59
PAPERLESS ORDER denying without prejudice Plaintiff's #56 Motion for Leave to File Supplement to Verified Complaint. Plaintiff's Motion does not contain a certificate of conference, as required by S.D. Fla. L.R. 7.1(a)(2). Any renewed motion must comport with the conferral requirements in the Local Rules and provide a factual basis justifying the need for a supplemental pleading. Signed by Judge Aileen M. Cannon on 10/8/2025. (tkh)
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| Filing 58 Plaintiff's Response and Opposition to Defendants' Joint Motion to Dismiss Amended Verified Complaint re #41 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Leah M. Brooks. Replies due by 10/14/2025. (Attachments: #1 Text of Proposed Order)(pc) |
| Filing 57 Supplement to Verified Complaint Regarding Post Filing Violations (Pursuant to Federal Rules of Civil Procedure 15(d)) by Leah M. Brooks re #1 Complaint,, (Attachments: #1 Exhibit) (pc) |
| Filing 56 Plaintiff's Motion for Leave to File Supplement to Verified Complaint Regarding Post Filing Violations by Leah M. Brooks. (Attachments: #1 Text of Proposed Order)(pc) Modified text on 10/7/2025 (pc). |
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Filing 55
PAPERLESS ORDER striking Plaintiff's #42 "Supplemental Verified Complaint" as procedurally improper. Under the Federal Rules of Civil Procedure, "on motion and reasonable notice," the Court may permit a party to serve a supplemental pleading. Fed. R. Civ. P. 15. Plaintiff did not move the Court to allow a supplemental pleading. Accordingly, Plaintiff's #42 "Supplemental Verified Complaint" is stricken. Signed by Judge Aileen M. Cannon on 9/30/2025. (tkh)
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| Filing 54 Clerk's Non-Entry of Default as to Eric Flowers - Motions Terminated: #53 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 9/29/2025. (pc) |
| Filing 53 MOTION for Clerk's Entry of Default as to Eric Flowers by Leah M. Brooks. (Attachments: #1 proposed clerk's default)(pc) |
| Filing 52 Clerk's Non-Entry of Default as to Lakeview Loan Servicing, LLC - Motions Terminated: #51 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 9/29/2025. (pc) |
| Filing 51 MOTION for Clerk's Entry of Default as to Lakeview Loan Servicing, LLC by Leah M. Brooks. (Attachments: #1 proposed clerk's default)(pc) |
| Filing 50 Clerk's Non-Entry of Default as to Mccalla Raymer Liebert Pierce LLP - Motions Terminated: #49 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 9/29/2025. (pc) |
| Filing 49 MOTION for Clerk's Entry of Default as to Mccalla Raymer Liebert Pierce LLP by Leah M. Brooks. (Attachments: #1 proposed clerk's default)(pc) |
| Filing 48 Clerk's Non-Entry of Default as to Mr. Cooper - Motions Terminated: #47 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 9/29/2025. (pc) |
| Filing 47 MOTION for Clerk's Entry of Default as to Mr. Cooper by Leah M. Brooks. (Attachments: #1 proposed clerk's default)(pc) |
| Filing 46 Clerk's Non-Entry of Default as to Ryan Butler - Motions Terminated: #45 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 9/29/2025. (pc) |
| Filing 45 MOTION for Clerk's Entry of Default as to Ryan Butler by Leah M. Brooks. (Attachments: #1 proposed clerk's default)(pc) |
| Filing 44 Clerk's Non-Entry of Default as to United Wholesale Mortgage - Motions Terminated: #43 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 9/29/2025. (pc) |
| Filing 43 MOTION for Clerk's Entry of Default as to United Wholesale Mortgage by Leah M. Brooks. (Attachments: #1 proposed clerk's default)(pc) |
| Filing 42 (STRICKEN) SUPPLEMENTAL 42 U.S.C. 1983 VERIFIED COMPLAINT (Pursuant to Federal Rules of Civil Procedure 15(d)) re #36 Amended Complaint/Amended Notice of Removal, by Leah M. Brooks (Attachments: #1 Exhibit)(pc) Modified per DE 55 on 9/30/2025 (pc). |
| Filing 41 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cynthia Cox, Rebecca Ivy White. Responses due by 10/10/2025. (Hardy, Maryssa) |
| Filing 40 NOTICE of Attorney Appearance by Sean Alexander Mickley on behalf of Ryan Butler. Attorney Sean Alexander Mickley added to party Ryan Butler(pty:dft). (Mickley, Sean) |
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Filing 39
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ECF No. #11 ; denying #4 Motion for Temporary Restraining Order; denying #4 Motion for Preliminary Injunction; Adopting #11 Report and Recommendations Signed by Judge Aileen M. Cannon on 9/24/2025. See attached document for full details. (pc)
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| Filing 38 NOTICE of Attorney Appearance by Curtis Alan Wilson on behalf of Mccalla Raymer Liebert Pierce LLP. Attorney Curtis Alan Wilson added to party Mccalla Raymer Liebert Pierce LLP(pty:dft). (Wilson, Curtis) |
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Filing 37
PAPERLESS ORDER denying motions as moot #26 #35 and terminating party. In light of Plaintiff Leah Brooks' Amended Complaint #36 , Plaintiffs' Motion for Voluntary Dismissal without prejudice as to all claims brought by Plaintiff Shon Brooks is denied as moot #35 , as is Defendants' Motion for an Extension of Time to Respond to Plaintiffs' Initial Complaint #26 . The Clerk is directed to TERMINATE Plaintiff Shon Brooks from this action. Signed by Judge Aileen M. Cannon on 9/16/2025. (jj01)
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| Filing 36 AMENDED COMPLAINT against Ryan Butler, Cynthia Cox, Eric Flowers, Lakeview Loan Servicing, LLC, Mccalla Raymer Liebert Pierce LLP, Mr. Cooper, United Wholesale Mortgage, Rebecca Ivy White, filed by Leah M. Brooks. (Attachments: #1 Exhibits)(ls) |
| Filing 35 MOTION for Voluntary Dismissal without prejudice pursuant to Rule 41(A)(2) by Shon A. Brooks. Responses due by 9/26/2025. (Attachments: #1 Text of Proposed Order)(ls) |
| Filing 34 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shon A. Brooks, Leah M. Brooks. Mr. Cooper served on 8/26/2025, response/answer due 9/16/2025. (ls) |
| Filing 33 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shon A. Brooks, Leah M. Brooks. Eric Flowers served on 8/27/2025, response/answer due 9/17/2025. (ls) |
| Filing 32 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shon A. Brooks, Leah M. Brooks. Ryan Butler served on 8/26/2025, response/answer due 9/16/2025. (ls) |
| Filing 31 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shon A. Brooks, Leah M. Brooks. Lakeview Loan Servicing, LLC served on 8/26/2025, response/answer due 9/16/2025. (ls) |
| Filing 30 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shon A. Brooks, Leah M. Brooks. McCalla Raymer Liebert Pierce LLP served on 8/26/2025, response/answer due 9/16/2025. (ls) |
| Filing 29 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shon A. Brooks, Leah M. Brooks. Cynthia Cox served on 8/26/2025, response/answer due 9/16/2025. (ls) |
| Filing 28 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shon A. Brooks, Leah M. Brooks. Rebecca Ivy White served on 8/26/2025, response/answer due 9/16/2025. (ls) |
| Filing 27 NOTICE of Attorney Appearance by Maryssa Savannah-Lynn Hardy on behalf of Cynthia Cox, Rebecca Ivy White. Attorney Maryssa Savannah-Lynn Hardy added to party Cynthia Cox(pty:dft), Attorney Maryssa Savannah-Lynn Hardy added to party Rebecca Ivy White(pty:dft). (Hardy, Maryssa) |
| Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Lakeview Loan Servicing, LLC, Mr. Cooper, United Wholesale Mortgage. (Attachments: #1 Text of Proposed Order)(Bowyer, Jason) |
| Filing 25 Certificate of Other Affiliates/Corporate Disclosure Statement by Eric Flowers identifying Other Affiliate Florida Sheriffs Risk Management Fund for Eric Flowers (Imparato, Christy) |
| Filing 24 Clerk's Notice to Filer re #21 Certificate of Other Affiliates/Corporate Disclosure Statement,. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (Shon A. Brooks (plaintiff) is not listed on the case). (pc) |
| Filing 23 Certificate of Other Affiliates/Corporate Disclosure Statement by United Wholesale Mortgage identifying Corporate Parent United Wholesale Mortgage Holdings, LLC, Corporate Parent United Mortgage Wholesale Holdings Corporation, Other Affiliate SFS Corp. for United Wholesale Mortgage (Bowyer, Jason) |
| Filing 22 Certificate of Other Affiliates/Corporate Disclosure Statement by Mr. Cooper identifying Corporate Parent Nationstar Mortgage Holdings, Inc., Corporate Parent Mr. Cooper Group, Inc., Corporate Parent BlackRock Inc, Other Affiliate Vanguard Group Inc. for Mr. Cooper (Bowyer, Jason) |
| Filing 21 Certificate of Other Affiliates/Corporate Disclosure Statement by Lakeview Loan Servicing, LLC identifying Corporate Parent Bayview Asset Management, LLC, Corporate Parent Bayview MSR Opportunity Corporation, Corporate Parent Bayview MSR Opportunity Master Fund, L.P, Corporate Parent Bayview MSR Opportunity Offshore, L.P., Corporate Parent Bayview Capital GP MSR, LLC for Lakeview Loan Servicing, LLC (Bowyer, Jason) |
| Filing 20 NOTICE of Attorney Appearance by Edward Paul Cuffe on behalf of Lakeview Loan Servicing, LLC, Mr. Cooper, United Wholesale Mortgage. Attorney Edward Paul Cuffe added to party Lakeview Loan Servicing, LLC(pty:dft), Attorney Edward Paul Cuffe added to party Mr. Cooper(pty:dft), Attorney Edward Paul Cuffe added to party United Wholesale Mortgage(pty:dft). (Cuffe, Edward) |
| Filing 19 NOTICE of Attorney Appearance by Jason Richard Bowyer on behalf of Lakeview Loan Servicing, LLC, United Wholesale Mortgage, Mr. Cooper. Attorney Jason Richard Bowyer added to party Lakeview Loan Servicing, LLC(pty:dft), Attorney Jason Richard Bowyer added to party United Wholesale Mortgage(pty:dft), Attorney Jason Richard Bowyer added to party Mr. Cooper(pty:dft). (Bowyer, Jason) |
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Filing 18
ORDER REQUIRING COMBINED RESPONSES AND SETTING TYPEFACE REQUIREMENTS. Signed by Judge Aileen M. Cannon on 9/8/2025. See attached document for full details. (pc)
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| Filing 17 NOTICE of Attorney Appearance by Christy Michelle Imparato on behalf of Eric Flowers (Imparato, Christy) |
| Filing 16 NOTICE of Striking #14 Notice of Attorney Appearance filed by Eric Flowers by Eric Flowers (Imparato, Christy) |
| Filing 15 Clerk's Notice to Filer re #14 Notice of Attorney Appearance. 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. (missing signature). (pc) |
| Filing 14 (STRICKEN) NOTICE of Attorney Appearance by Christy Michelle Imparato on behalf of Eric Flowers. Attorney Christy Michelle Imparato added to party Eric Flowers(pty:dft). (Imparato, Christy) Modified per DE #16 on 9/9/2025 (pc). |
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Filing 13
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 9/6/2025. (jj01)
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| Filing 12 CLERK'S NOTICE OF REASSIGNMENT OF CASE re DE#10. Case reassigned to Judge Aileen M. Cannon and Magistrate Judge Shaniek Mills Maynard for all further proceedings. Magistrate Judge Shaniek Mills Maynard 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. (scn) |
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Filing 11
REPORT AND RECOMMENDATIONS re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Leah M. Brooks, #5 MOTION for Settlement filed by Leah M. Brooks. Recommending that Plaintiffs' motions seeking extraordinary relief on an emergency and ex parte basis, DE 4, DE 5, be DENIED. Objections to R&R due by 9/19/2025 Signed by Magistrate Judge Shaniek Mills Maynard on 9/5/2025. See attached document for full details. (mab)
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| Filing 10 PAPERLESS ORDER DIRECTING CLERK TO RE-ASSIGN CASE TO DISTRICT JUDGE: This matter brought by pro se litigants has been directly assigned to the undersigned United States Magistrate Judge pursuant to Administrative Order 2025-11. Among other things, Plaintiffs have filed a pending Emergency Motion for Temporary Restraining Order #4 , and related Verified Ex Parte Affidavit of Exigent Circumstances Under Rule 65(b)(1)(B) #5 . I do not presently have authority to issue a dispositive order on these motions filed on an "emergency" basis. Due to the nature of the request, I find the most efficient course is to ORDER the Clerk of Court to randomly re-assign this case to a United States District Judge, keeping the undersigned United States Magistrate Judge assigned to the case in accordance with Administrative Order 2025-11. I will be simultaneously issuing a report and recommendation for consideration by the newly-assigned United States District Judge. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 9/5/2025. (jrz) |
| Filing 9 Supplemental Verified Ex Parte Affidavit of Exigent Circumstances Pursuant to Rule 65(b)(1)(B) by Leah M. Brooks re #5 MOTION for Settlement (Attachments: #1 Exhibit) (pc) |
| Filing 8 Summons Issued as to Ryan Butler, Cynthia Cox, Eric Flowers, Lakeview Loan Servicing, LLC, Mccalla Raymer Liebert Pierce LLP, United Wholesale Mortgage, Rebecca Ivy White. (pc) |
| Filing 7 Statement of: Constitutional Emergency by Leah M. Brooks re #1 Complaint (pc) |
| Filing 6 Clerks Notice of Receipt of Filing Fee received on 8/11/2025 in the amount of $405.00, receipt number 3760 (pc) |
| Filing 5 Demand for Settlement Conference Verified Ex Parte Affidavit of Exigent Circumstances Pursuant to Rule 65(b)(1)(B) by Leah M. Brooks. Responses due by 8/25/2025. (Attachments: #1 Exhibit)(pc) |
| Filing 4 Emergency Motion for Temporary Restraining Order and Preliminary Injunction (Verified Complaint Filed Concurrently) (Responses due by 8/25/2025.), by Leah M. Brooks. (Attachments: #1 proposed order, #2 proposed order)(pc) |
| Filing 3 Consent by Pro Se Litigant (Non-Prisoner) Leah M. Brooks to receive Notices of Electronic Filing at email address: [email protected] (pc) |
| Filing 2 Judge Assignment to Magistrate Judge Shaniek Mills Maynard (pc) |
| Filing 1 Verified Complaint for Deprivation of Property without Due Process of Law and Violations of Civil Rights Under 42 U.S.C. 1983 and the First, Fourth, Fifth and Fourteenth Amendments to the United States Constitution (Non Prisoner) against Ryan Butler, Cynthia Cox, Eric Flowers, Lakeview Loan Servicing, LLC, Mccalla Raymer Liebert Pierce LLP, United Wholesale Mortgage, Rebecca Ivy White. Filing fees $ 405.00 (DUE), filed by Leah M. Brooks. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Summon(s))(pc) |
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