Stoddard v. Hayt, Hayt & Landau, P.L. et al
| Brittany Stoddard |
| Bank Of America, N.A. and Hayt, Hayt & Landau, P.L. |
| 2:2026cv14094 |
| March 19, 2026 |
| U.S. District Court for the Southern District of Florida |
| Shaniek Mills Maynard |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 9, 2026. A more recent docket listing may be available from PACER.
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| Filing 51 RESPONSE in Opposition re #49 MOTION to Dismiss with Prejudice #47 Amended Complaint/Amended Notice of Removal filed by Brittany Stoddard. Replies due by 9/16/2026. (drz) |
| Filing 50 PAPERLESS ORDER: In light of my prior Order at DE #28 , which dismissed the sole count asserted against Defendant Bank of America, N.A. and directed the Clerk to terminate Bank of America, N.A. as a party to this action, and because Plaintiff's operative Second Amended Complaint at DE #47 does not name Bank of America, N.A. as a defendant, the Clerk is DIRECTED to terminate Bank of America, N.A. as a party to this action. This action shall remain pending as to Defendant Hayt, Hayt, & Landau, P.L. ("HHL"). Defendant HHL has filed a motion to dismiss the Second Amended Complaint, but that motion is not yet ripe for review. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 9/3/2026. (jrz) |
| Filing 49 MOTION to Dismiss with Prejudice #47 Amended Complaint/Amended Notice of Removal by Hayt, Hayt & Landau, P.L.. Responses due by 9/14/2026. (Kohlmyer, Ernest) |
| Filing 48 PAPERLESS ORDER denying as moot Defendant's Motion to Dismiss Amended Complaint #37 in light of Plaintiff's filing of a Second Amended Complaint #47 . Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 8/19/2026. (jrz) |
| Filing 47 Second AMENDED COMPLAINT against Hayt, Hayt & Landau, P.L., filed by Brittany Stoddard. (Attachments: #1 Exhibit A - N)(jas) |
| Filing 46 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Michael J. Carbo as Mediator. Mediation Hearing set for February 10, 2027, at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Kohlmyer, Ernest) |
| Filing 45 PAPERLESS ORDER granting in part and denying in part #41 Plaintiff's Motion for Leave to File Second Amended Complaint ("Motion"). Although Plaintiff filed the Motion one day after the August 2, 2026, deadline for amending pleadings, I find good cause to permit the amendment given the minimal delay. Moreover, Rule 15 provides that "the court should freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). Although leave to amend may be denied for, among other things, undue delay, undue prejudice, or futility, see Maynard v. Bd. of Regents of Div. of Univs. of Fla. Dep't of Educ. ex rel. Univ. of S. Fla., 342 F.3d 1281, 1287 (11th Cir. 2003), none warrants denying Plaintiff leave to amend her claims that remain pending against Defendant Hayt, Hayt & Landau ("HHL"). HHL raises several substantive and jurisdictional arguments that the proposed amendment would be futile, including arguments concerning Rooker-Feldman, Younger abstention, Florida's litigation privilege, and res judicata. See DE #43 . I decline to reach those substantive arguments at this juncture. On the other hand, I agree with Defendant Bank of America ("BOA") that Plaintiff may not use an amended pleading to reassert claims against BOA that I previously dismissed by substantive order. See DE #28 , DE #44 . Ultimately, because Rule 15 favors permitting amendment and the proposed pleading is not yet the operative complaint, I find it procedurally appropriate to allow Plaintiff to file a Second Amended Complaint limited to the claims that remain pending and permit HHL to raise any applicable defenses in response thereto. The granting of leave to amend does not constitute a determination regarding the sufficiency or viability of any claim, and HHL may reassert its arguments, as appropriate, in response to the Second Amended Complaint. I express no opinion at this time on the merits of any such defenses. Plaintiff's Motion is denied to the extent it seeks to reassert claims that have already been dismissed against BOA. The Second Amended Complaint shall not include any such claims or otherwise seek to revive claims against BOA that are no longer pending in this action. Plaintiff shall file a Second Amended Complaint that complies fully with this Order as a separate docket entry on or before Tuesday, August 18, 2026. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 8/11/2026. (jrz) |
| Filing 44 RESPONSE in Opposition re #41 MOTION to Amend/Correct #7 Amended Complaint/Amended Notice of Removal filed by Bank Of America, N.A.. Replies due by 8/17/2026. (Bowyer, Jason) |
| Filing 43 RESPONSE to Motion re #41 MOTION to Amend/Correct #7 Amended Complaint/Amended Notice of Removal filed by Hayt, Hayt & Landau, P.L.. Replies due by 8/17/2026. (Kohlmyer, Ernest) |
| Filing 42 PAPERLESS ORDER taking under advisement #41 Plaintiff's Motion for Leave to File a Second Amended Complaint ("Motion") and expediting briefing. In the interest of efficiency and the prompt resolution of pending motions, Defendants shall file a response to the Motion on or before Monday, August 10, 2026. I will defer reviewing the separately pending motion to dismiss the amended complaint until I have considered the parties' positions regarding the requested amendment. No reply shall be filed absent prior leave of Court. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 8/4/2026. (jrz) |
| Filing 41 MOTION for Leave to Amend Complaint re #7 Amended Complaint/Amended Notice of Removal by Brittany Stoddard. Responses due by 8/17/2026. (Attachments: #1 Second Amended Complaint, #2 Exhibit)(drz) |
| Filing 40 RESPONSE in Opposition re #37 MOTION to Dismiss for Lack of Jurisdiction #7 Amended Complaint/Amended Notice of Removal filed by Brittany Stoddard. Replies due by 8/5/2026. (drz) |
| Filing 39 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Hayt, Hayt & Landau, P.L. (Kohlmyer, Ernest) |
| Filing 38 Notice of Pending, Refiled, Related or Similar Actions by Hayt, Hayt & Landau, P.L. (Kohlmyer, Ernest) |
| Filing 37 MOTION to Dismiss for Lack of Jurisdiction #7 Amended Complaint/Amended Notice of Removal by Hayt, Hayt & Landau, P.L.. Attorney Ernest Henry Kohlmyer, III added to party Hayt, Hayt & Landau, P.L.(pty:dft). Responses due by 7/28/2026. (Kohlmyer, Ernest) |
| Filing 36 SUMMONS (Affidavit) Returned Executed on #7 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Hayt, Hayt & Landau, P.L. served on 6/24/2026, response/answer due 7/15/2026. (drz) |
| Filing 35 CLERK'S NOTICE re #34 Notice (Other),. Additional Notice of Electronic Filing (NEF) sent to United States Marshal Service (public entries only) (drz) |
| Filing 34 NOTICE of Inquiry Regarding Status of Service of Process by Brittany Stoddard re #12 Order on Motion for Leave to Proceed in forma pauperis, Order for Appointment of Special Process Server, 14 Clerk's Notice of Compliance, #13 Summons Issued. (drz) |
| Filing 33 NOTICE of Filing Discovery: Plaintiff's Initial Discovery Disclosures by Brittany Stoddard.(drz) |
Filing 32
ORDER SETTING TRIAL AND PRETRIAL SCHEDULE AND ORDER OF REFERRAL TO MEDIATION: ( Jury Trial set for 5/17/2027 09:30 AM in Fort Pierce Division before Magistrate Judge Shaniek Mills Maynard., Final Pretrial Conference set for 5/12/2027 01:30 PM in Fort Pierce Division before Magistrate Judge Shaniek Mills Maynard., Amended Pleadings due by 8/2/2026., Discovery due by 1/25/2027., Joinder of Parties due by 8/2/2026., In Limine Motions due by 3/22/2027., Dispositive Motions due by 2/22/2027., Pretrial Stipulation due by 4/12/2027.). Signed by Magistrate Judge Shaniek Mills Maynard on 6/12/2026. See attached document for full details. (drz) #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 31
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek Mills Maynard on 6/12/2026. See attached document for full details. (drz)
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| Filing 30 PAPERLESS ORDER SETTING FINAL DISCOVERY STATUS CONFERENCE VIA ZOOM: I will hold a final discovery status conference on Tuesday, December 15, 2026 at 11:00 A.M. via Zoom. To join, the parties shall log in at least 10 minutes prior to the start time using the Zoom information below from a secure location and with a secure internet connection. **Please test your device's audio/video settings prior to joining the conference for functionality.** Join ZoomGov Meeting: # Zoom Link Meeting ID: 161 921 4596 Passcode: 185708If the link does not work, paste this link information into your address bar and go: https://www.zoomgov.com/j/1619214596?pwd=ZWgzYUsyRmFqdmdsUnYvdzdaUjVRUT09 Prior to the conference, by Tuesday, December 8, 2026, the parties shall file a Joint Discovery Status Report addressing (1) what discovery has been propounded by each party; (2) if the discovery requests have been answered; (3) the status of depositions, including the number of depositions taken, those that remain to be taken and if they have been scheduled, and an explanation of any delay in deposition scheduling; (4) the status of expert disclosures; (5) if there are any outstanding discovery disputes; (6) if the parties believe a discovery status conference is needed and whether it may be canceled; and (7) if the parties can certify that all discovery will be completed by the discovery deadline. I encourage the parties to keep in mind their obligations in discovery and to work cooperatively to complete discovery in this case as efficiently and expeditiously as possible. To the extent either party believes Court intervention is necessary, such party shall abide by the procedures set forth in my standing Discovery Procedures Order. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 6/12/2026. (jrz) |
| Filing 29 PAPERLESS ORDER REQUIRING UPDATE ON SERVICE: It appears from the docket that although a summons was issued as to Defendant Hayt, Hayt & Landau, P.L. ("HHL"), see DE #13 at 2, no proof of service has been filed as to HHL and this defendant has not appeared to date. Accordingly, Plaintiff shall, on or before June 26, 2026, file proof of service or otherwise show cause why the claims against HHL should not be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m). Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 6/12/2026. (jrz) |
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Filing 28
ORDER granting in part and denying in part #22 Defendant's Motion to Dismiss. Signed by Magistrate Judge Shaniek Mills Maynard on 6/12/2026. See attached document for full details. (drz)
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| Filing 27 Joint SCHEDULING REPORT - Rule 26(f) by Bank Of America, N.A. (Bowyer, Jason) |
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Filing 26
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 6/12/2026. Signed by Magistrate Judge Shaniek Mills Maynard on 5/29/2026. See attached document for full details. (amb)
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| Filing 25 RESPONSE in Opposition re #22 MOTION to Dismiss with Prejudice #7 Amended Complaint/Amended Notice of Removal filed by Brittany Stoddard. Replies due by 5/19/2026. (drz) |
| Filing 24 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Bank Of America, N.A. (Bowyer, Jason) |
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Filing 23
SECOND ORDER RE: CONSENT TO MAGISTRATEJUDGE JURISDICTION AND OPT-OUT PROCEDURES re #21 ORDER RE: CONSENT TO MAGISTRATE JUDGE JURISDICTION AND OPT-OUT PROCEDURES. Signed by Magistrate Judge Shaniek Mills Maynard on 4/29/2026. See attached document for full details. (drz)
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| Filing 22 MOTION to Dismiss with Prejudice #7 Amended Complaint/Amended Notice of Removal by Bank Of America, N.A.. Responses due by 5/12/2026. (Bowyer, Jason) |
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Filing 21
ORDER RE: CONSENT TO MAGISTRATE JUDGE JURISDICTION AND OPT-OUT PROCEDURES. Signed by Magistrate Judge Shaniek Mills Maynard on 4/13/2026. See attached document for full details. (drz)
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| Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement by Bank Of America, N.A. identifying Corporate Parent BAC North American Holding Company, Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation for Bank Of America, N.A. (Bowyer, Jason) |
| Filing 19 NOTICE of Attorney Appearance by Kathleen Danielle Dackiewicz on behalf of Bank Of America, N.A.. Attorney Kathleen Danielle Dackiewicz added to party Bank Of America, N.A.(pty:dft). (Dackiewicz, Kathleen) |
| Filing 18 NOTICE of Attorney Appearance by Jason Richard Bowyer on behalf of Bank Of America, N.A.. Attorney Jason Richard Bowyer added to party Bank Of America, N.A.(pty:dft). (Bowyer, Jason) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #7 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Bank Of America, N.A. served on 4/7/2026, response/answer due 4/28/2026. (drz) |
| Filing 16 PAPERLESS ORDER denying #15 Plaintiff's "Amended Notice of Errata Regarding Docketed Exhibits" in which Plaintiff asks that the Clerk be required to update the docket to reflect that certain previously filed materials be associated with and served as part of the amended complaint. Having reviewed this filing and the record, I find that no action is required at this time. The docket accurately reflects the filings in this case, and it is not the role of the Clerk to re-designate or reorganize filings in the manner requested. To the extent Plaintiff intends to rely on any materials in support of her claims, she may do so in accordance with the Federal Rules of Civil Procedure, if warranted, after service of process is complete and Defendants have appeared. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 4/6/2026. (jrz) |
| Filing 15 Plaintiff's Amended Notice of Errata Regarding Docketed Exhibits with Required Wet Ink Signature/ MOTION to Update Docket to Reflect that Attachment 1 to Docket Entry 8 to be associated with, and served as part of Docket Entry 7 re #7 Amended Complaint/Amended Notice of Removal, #8 Notice (Other) by Brittany Stoddard. Responses due by 4/20/2026. (drz) |
| Filing 14 CLERK'S NOTICE of Compliance re #12 Order on Motion for Leave to Proceed in forma pauperis, Order for Appointment of Special Process Server. (Summons Issued and Package Prepared for Marshal Service) (drz) |
| Filing 13 Summons Issued as to Bank Of America, N.A., Hayt, Hayt & Landau, P.L. (drz) |
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Filing 12
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. USM Service ordered . Summonses provided for issuance by Clerk for USM Service ; granting #4 Motion for Appointment of US Marshal as Special Process Server. Signed by Magistrate Judge Shaniek Mills Maynard on 4/1/2026. See attached document for full details. (drz)
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| Filing 11 Clerk's Notice of Filing Deficiency Re: #10 Notice (Other) filed by Brittany Stoddard. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (drz) |
| Filing 10 NOTICE OF ERRATA REGARDING DOCKETED EXHIBITS by Brittany Stoddard re #7 Amended Complaint/Amended Notice of Removal, #8 Notice of Filing Motion for Leave to Proceed in forma pauperis. (drz) |
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Filing 6
ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Magistrate Judge Shaniek Mills Maynard on 3/23/2026. See attached document for full details. (drz)
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| Filing 5 PAPERLESS ORDER REGARDING CONSENT TO U.S. MAGISTRATE JUDGE JURISDICTION: This matter involving a pro se litigant was directly assigned to the undersigned U.S. Magistrate Judge pursuant to Administrative Order 2025-11. See Administrative Order 2025-11 (S.D. Fla. Mar. 3, 2025), available at: https://www.flsd.uscourts.gov/sites/flsd/files/adminorders/2025-11.pdf . The parties are hereby advised that they have the right to proceed before a U.S. District Judge, however they may waive this right and voluntarily consent to have a U.S. Magistrate Judge conduct any or all proceedings in this case and to order the entry of a final judgment. Further instructions regarding consent to this process will be issued after other parties involved have made an appearance. The Clerk of Court is directed to MAIL a copy of this Paperless Order to Plaintiff at her mailing address of record and enter a Notice of Compliance confirming same. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 3/23/2026. (jrz) |
| Filing 9 Consent by Pro Se Litigant (Non-Prisoner) Brittany Stoddard to receive Notices of Electronic Filing at email address: [email protected] (blc) |
| Filing 8 NOTICE of Filing Motion for Leave to Proceed in forma pauperis by Brittany Stoddard. Duplicate to DE #3 . (Attachments: #1 Exhibit) (blc) |
| Filing 7 AMENDED COMPLAINT against Bank Of America, N.A., Hyat, Hyat & Landau, P.L., filed by Brittany Stoddard. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(blc) |
| Filing 4 Plaintiff's MOTION for Service of Process by US Marshals Service by Brittany Stoddard. Responses due by 4/2/2026. (Attachments: #1 Text of Proposed Order)(blc) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Brittany Stoddard. Responses due by 4/2/2026. (blc) |
| Filing 2 Clerks Notice of Judge Assignment to Magistrate Judge Shaniek Mills Maynard. 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. (blc) |
| Filing 1 COMPLAINT against Bank Of America, N.A., Hayt, Hayt & Landau, P.L. Filing fees $ 405.00 not paid. IFP Filed, filed by Brittany Stoddard. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(blc) Modified Text to Correct Defendant Name on 3/25/2026 (wce). |
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