Hamilton v. Shepard et al
| Linda Hamilton |
| Citibank, J.C. Armstrong and Natasha Shepard |
| 9:2020cv81137 |
| July 14, 2020 |
| US District Court for the Southern District of Florida |
| William P Dimitrouleas |
| William Matthewman |
| Truth in Lending |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 20, 2021. A more recent docket listing may be available from PACER.
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Filing 61
ORDER APPROVING REPORT OF MAGISTRATE JUDGE. Amended Complaint due by 8/2/2021., Miscellaneous Deadline 9/3/2021. Signed by Judge William P. Dimitrouleas on 7/19/2021. See attached document for full details. (lbc)
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| Filing 60 OBJECTIONS/Notice of Appeal to #59 Report and Recommendations by Linda Hamilton. (hh) |
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Filing 59
MAGISTRATE JUDGE'S OMNIBUS REPORT AND RECOMMENDATION ON PLAINTIFF'S REQUEST FOR DAMAGES AGAINST DEFENDANTS NATASHA SHEPARD AND CITIBANK, AS WELL AS ALL OTHER MATTERS SPECIFIED IN THE COURTS ORDERS [DE 45; DE 47]; DEFENDANTS' MOTION TO DISMISS [DE 50]; DEFENDANTS' MOTION TO VACATE ENTRY OF DEFAULT JUDGMENT [DE 51]; PLAINTIFF'S MOTION TO CHANGE VENUE [DE 52]; AND PLAINTIFF'S MOTION TO OBJECT ORDER TO VACATE AND ORDER TO GRANT SUMMARY JUDGEMENT [DE 57]: Recommending as follows: 1. Defendants' Motion to Dismiss [DE 50] should be GRANTED for insufficient service of process and failure to state a cause of action; 2. Plaintiff's Complaint [DE 1] should be DISMISSED without prejudice and Plaintiff granted leave to file an amended complaint and properly serve any Defendant in a timely manner; 3. Defendants' Motion to Vacate Entry of Default Judgment [DE 51] should be GRANTED; 4. The Amended Final Default Judgment [DE 45] should be VACATED and SET ASIDE; 5. The entry of the Clerk's default [DE 36] should be VACATED and SET ASIDE; 6. To the extent Plaintiff's Motion to Object Order to Vacate and order to grant Summary Judgement [DE 57] seeks relief, it should be DENIED without prejudice. Plaintiff can renew any argument raised, if necessary, after filing a valid complaint and performing proper service over any Defendant; and 7. Plaintiff's Motion to Change Venue [DE 52] should be DENIED as moot. Plaintiff can renew any argument raised, if necessary, after filing a valid complaint and performing proper service over any Defendant. Objections to R&R due by 7/14/2021. Signed by Magistrate Judge William Matthewman on 6/30/2021. See attached document for full details. (kza)
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| Filing 58 REPLY to Response to Motion re #51 MOTION to Vacate #43 Default Judgment,, Order Referring Case to Magistrate Judge, #45 Default Judgment,,, Order Referring Case to Magistrate Judge,, filed by Citibank. (Mullins, Edward) |
| Filing 57 MOTION to Object Order to Vacate and Order to Grant Summary Judgment re #51 MOTION to Vacate #43 Default Judgment, Order Referring Case to Magistrate Judge, #45 Default Judgment, Order Referring Case to Magistrate Judge by Linda Hamilton. (mee) Modified on 6/22/2021 (mr1). Modified on 6/24/2021 (mr1). |
| Filing 56 RESPONSE in Opposition re #52 MOTION to Change Venue filed by Citibank, Natasha Shepard. Replies due by 6/22/2021. (Mullins, Edward) |
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Filing 55
ORDER granting in part and denying in part #54 Plaintiff's Motion for Extension of Time. Plaintiff's Response due by 6/21/2021. Signed by Magistrate Judge William Matthewman on 6/11/2021. See attached document for full details. (kza)
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| Filing 54 MOTION for Extension of Time by Linda Hamilton. Responses due by 6/21/2021 (kpe) |
| Filing 53 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held by Zoom Video Teleconference. Hearing held on 6/3/2021 on 1. Whether service of process on Defendant Natasha Shepard, who has not appeared in this case, was proper; 2. Whether, if service of process on Defendant Natasha Shepard was not properly made, this Court has personal jurisdiction over Ms. Shepard and whether any damages or relief may be entered against her; 3. Whether the entity Citibank referenced in the complaint is a proper legal entity and whether service was properly made on Citibank, which entity has not appeared in this case; 4. Whether the Complaint states a cause of action as to any Defendant, or is legally or factually defective; 5. Whether Plaintiff is entitled to damages or any other remedies at law, and if so the amount and proof therefor; and 6. Whether a jury trial on damages or other relief is required in light of Plaintiffs demand for a jury trial contained in her complaint. Argument held. Pro Se Plaintiff to file response to Defendants' Motion to Vacate Default Judgment [DE 51] and Motion to Dismiss [DE 50] by June 7, 2021. The Court took the matter under advisement. Written order to be issued. Total time in court: 30 minutes. Attorney Appearance(s): Ana Maria Barton for Defendants. Other appearances: Linda Hamilton Pro Se Plaintiff. (Digital 14:10:25) (kza) |
| Filing 52 MOTION to Change Venue by Linda Hamilton. Responses due by 6/15/2021. (lbc) |
| Filing 51 MOTION to Vacate #43 Default Judgment,, Order Referring Case to Magistrate Judge, #45 Default Judgment,,, Order Referring Case to Magistrate Judge,, by Citibank, Natasha Shepard. Attorney Edward Maurice Mullins added to party Citibank(pty:dft), Attorney Edward Maurice Mullins added to party Natasha Shepard(pty:dft). Responses due by 6/7/2021 (Attachments: #1 Exhibit A, #2 Exhibit B)(Mullins, Edward) |
| Filing 50 MOTION to Dismiss with Prejudice #1 Complaint, by Citibank, Natasha Shepard. Attorney Ana Maria Barton added to party Citibank(pty:dft), Attorney Ana Maria Barton added to party Natasha Shepard(pty:dft). Responses due by 6/7/2021 (Attachments: #1 Exhibit A, #2 Exhibit B)(Barton, Ana) |
| Filing 49 Remark - U.S. Postal Service Certified Mail Receipt and Domestic Return Receipt to Citibank, 399 Park Avenue, New York, NY 10022 - Date of Delivery 4-21-2021 (kza) |
| Filing 48 Letter from CT Corporation System (mee) |
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Filing 47
ORDER SETTING HEARING VIA ZOOM VTC AS TO PLAINTIFF'S REQUEST FOR DAMAGES AND FURTHER RELIEF AGAINST DEFENDANTS NATASHA SHEPARD AND CITIBANK re #45 Default Judgment and Order Referring Case to Magistrate Judge. (Hearing via Zoom VTC set for 6/3/2021 at 2:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman.) (Zoom link with Meeting Code and Passcode included in Order). Signed by Magistrate Judge William Matthewman on 4/20/2021. See attached document for full details. (kza)
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| Filing 46 NOTICE of Compliance (copy of order mailed to plaintiff) re #45 Default Judgment, Order Referring Case to Magistrate Judge, (mee) |
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Filing 45
VACATED PER DE #61 . FINAL DEFAULT JUDGMENT AS TO LIABILITY NATASHA SHEPARD AND CITIBANK AMENDED. ORDER REFERRING MATTER TO MAGISTRATE JUDGE MATTHEWMAN REGARDING DAMAGES AND REMEDIES.DEFAULT JUDGMENT in favor of Linda Hamilton against Citibank, Natasha Shepard, ORDER REFERRING CASE to Magistrate Judge William Matthewman for a hearing if necessary and a report and recommendation regarding proper service of process, Defendants default, damages, fees, any other remedies to be awarded, and any related issues. Signed by Judge William P. Dimitrouleas on 4/13/2021. See attached document for full details. (mee) Modified on 7/20/2021 (lbc).
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| Filing 44 CLERK'S NOTICE of Compliance. Copy of DE #42 Order mailed to Linda Hamilton, Citibank, Natasha Shepard (mc) |
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Filing 43
FINAL DEFAULT JUDGMENT AS TO LIABILITY NATASHA SHEPARD AND CITIBANK. The Court enters Judgment as to liability in favor of Plaintiff Linda Hamilton against Defendants Natasha Shepard and Citibank. ORDER REFERRING CASE to Magistrate Judge William Matthewman for a hearing if necessary and a Report and Recommendation. Signed by Judge William P. Dimitrouleas on 4/9/2021. See attached document for full details. (mc)
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Filing 42
ORDER granting #37 Motion for Final Default Judgment. Signed by Judge William P. Dimitrouleas on 4/9/2021. See attached document for full details. (mc)
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| Filing 41 NOTICE of Compliance (copy of order mailed to all addresses listed on order) re #40 Order to Show Cause. (mee) |
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Filing 40
ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT GRANT PLAINTIFFS MOTION FOR DEFAULT JUDGMENT. Show Cause Response due by 4/7/2021. Signed by Judge William P. Dimitrouleas on 3/23/2021. See attached document for full details. Text Modified on 3/24/2021 (mee).
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| Filing 39 NOTICE of Compliance (copy of order mailed to all addresses listed on order) re #38 Order Dismissing Party, (mee) |
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Filing 38
ORDER OF DISMISSAL WITHOUT PREJUDICE OF DEFENDANT J.C. ARMSTRONG FOR FAILURE TO COMPLY WITH RULE 4(M) OF THE FEDERAL RULES OF CIVIL PROCEDURE. Dismissing Party J.C. Armstrong. Signed by Judge William P. Dimitrouleas on 3/1/2021. See attached document for full details. (mee)
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| Filing 37 MOTION for Default Final Judgment against Defendants Natasha Shepard and Citibank by Linda Hamilton. (Attachments: #1 Affidavit)(mee) |
| Filing 36 VACATED PER DE #61 . Clerks Entry of Default as to Natasha Shepard, Citibank - Motions Terminated: #35 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 2/17/2021. (mee) Modified on 7/20/2021 (lbc). |
| Filing 35 MOTION for Clerks Entry of Default as to Citibank, Natasha Shepard by Linda Hamilton. (mee) |
| Filing 34 NOTICE of Compliance (copy of order mailed to plaintiff) re #33 Order to Show Cause (mee) |
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Filing 33
ORDER TO SHOW CAUSE FOR LACK OF PROSECUTION. Show Cause Response due by 2/26/2021. Signed by Judge William P. Dimitrouleas on 2/5/2021. See attached document for full details. (mee)
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| Filing 32 NOTICE of Compliance (copy of order mailed to plaintiff) re #31 Order to Show Cause (mee) |
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Filing 31
ORDER TO SHOW CAUSE FOR FAILURE TO COMPLY WITH RULE 4(M) OF THE FEDERAL RULES OF CIVIL PROCEDURE. Show Cause Response due by 2/19/2021. Signed by Judge William P. Dimitrouleas on 2/5/2021. See attached document for full details. (mee)
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| Filing 30 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Natasha Shepard served on 12/28/2020, answer due 1/19/2021. (pes) |
| Filing 29 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Citibank served on 12/28/2020, answer due 1/19/2021. (pes) (Main Document 29 replaced on 12/30/2020) (pes). |
| Filing 28 Summons/ In Response to the Rule to Show Cause by Linda Hamilton. (mee) |
| Filing 27 NOTICE of Compliance re(copy of order mailed to plaintiff) #26 Order to Show Cause, (mee) |
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Filing 26
SECOND ORDER TO SHOW CAUSE FOR FAILURE TO COMPLY WITH RULE 4 OF THE FEDERAL RULES OF CIVIL PROCEDURE. Show Cause Response due by 12/30/2020. Signed by Judge William P. Dimitrouleas on 12/11/2020. See attached document for full details. (mee)
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| Filing 25 ACKNOWLEDGMENT OF SERVICE as to Citibank and General Counsel Natasha Shepard filed by Linda Hamilton. (mee) |
| Filing 24 NOTICE of Compliance (copy of order mailed to plaintiff) re #23 Order to Show Cause, (mee) |
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Filing 23
AMENDED ORDER TO SHOW CAUSE FOR FAILURE TO COMPLY WITH RULE 4(M) OF THE FEDERAL RULES OF CIVIL PROCEDURE. Show Cause Response due by 12/9/2020. Signed by Judge William P. Dimitrouleas on 10/19/2020. See attached document for full details. (mee)
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| Filing 22 Summons Issued as to Citibank, Natasha Shepard. (cds) |
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Filing 21
ORDER TO SHOW CAUSE FOR FAILURE TO COMPLY WITH RULE 4(M) OF THE FEDERAL RULES OF CIVIL PROCEDURE. Show Cause Response due by 11/13/2020. Signed by Judge William P. Dimitrouleas on 10/23/2020. See attached document for full details. (mee)
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| Filing 20 NOTICE of Compliance (copy of both orders mailed to plaintiff) re #19 Order on Motion for Referral to Volunteer Attorney Program, #18 Order on Motion to Withdraw (mee) |
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Filing 19
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF LINDA HAMILTONS MOTION FOR REFERRAL TO VOLUNTEER ATTORNEY PROGRAM, denied without prejudice #17 Motion for Referral to Volunteer Attorney Program. Signed by Judge William P. Dimitrouleas on 8/26/2020. See attached document for full details. (mee)
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Filing 18
ORDER ON NOTICE OF MOTION,granting #16 Motion to Withdraw. Re: #11 MOTION for Oral Argument filed by Linda Hamilton. Signed by Judge William P. Dimitrouleas on 8/26/2020. See attached document for full details. (mee)
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| Filing 17 MOTION for Referral to Volunteer Attorney Program by Linda Hamilton. (mee) |
| Filing 16 MOTION to Withdraw Document re : #11 NOTICE of Motion to Turn Over Funds, REQUEST for Oral Argument by Linda Hamilton. Responses due by 9/9/2020 (mee) |
| Filing 15 NOTICE of Compliance. Copy of #14 Order has been mailed to Plaintiff Linda Hamilton. (mc) |
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Filing 14
ORDER ON NOTICE OF MOTION. Any relief requested in (DE #11 ) is hereby DENIED WITHOUT PREJUDICE to file a motion that complies with the requirements of S.D. Fla. L.R. 7.1.A.3., which requires the moving party to certify that he has conferred, or describes a reasonable effort to confer, with the parties affected in a good faith effort to resolve the dispute. Signed by Judge William P. Dimitrouleas on 8/11/2020. See attached document for full details. (mc)
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| Filing 13 CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): A, B by Linda Hamilton (nc) |
| Filing 12 CERTIFICATE OF SERVICE by Linda Hamilton (nc) |
| Filing 11 STRICKEN-NOTICE of Motion to Turn Over Funds, REQUEST for Oral Argument by Linda Hamilton. Text Modified on 8/26/2020 (mee). Per Order d.e. #18 . |
| Filing 10 Clerks Notice of Receipt of Filing Fee received on 7/24/2020 in the amount of $ 400.00, receipt number FLS100212307. (vt) |
| Filing 9 NOTICE of Compliance (copy of orders mailed to plaintiff) re #8 Order of Instructions to Pro Se Litigant, #7 Order to Show Cause, Order Requiring Payment of Filing Fee or Filing IFP Motion, (mee) |
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Filing 8
ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Judge William P. Dimitrouleas on 7/23/2020. See attached document for full details. (mee)
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Filing 7
ORDER TO SHOW CAUSE. The Plaintiff has until August 10, 2020 to pay the filing fee, petition to proceed in forma pauperis, or the case will be automatically dismissed. Signed by Judge William P. Dimitrouleas on 7/23/2020. See attached document for full details. (mee)
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Filing 6
ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT. Signed by Judge William P. Dimitrouleas on 7/23/2020. See attached document for full details. (cds)
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| Filing 5 Clerks Notice to Filer re: Filing fees not paid. Case not filed with required filing fees of $400.00. Filer is instructed to pay the correct fees of $400.00 or filed a Motion/Application to Proceed In Forma Pauperis. Summons(es) will not be issued until the filing fee is paid or an order granting the Application to Proceed In Forma Pauperis is entered. (jc) |
| Filing 4 CLERK'S NOTICE re #3 Consent by Pro Se Litigant to Receive Notices of Electronic Filing. Email address NOT ADDED for Linda Hamilton. The Filer did not select/agree to ALL the terms and conditions on the consent form provided. (jc) |
| Filing 3 Consent by Pro Se Litigant (Non-Prisoner) Linda Hamilton to receive Notices of Electronic Filing at email address: Lacnintl@comcast.net. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (drz) |
| Filing 1 COMPLAINT FOR A CIVIL CASE ALLEGING BREACH OF CONTRACT against J.C. Armstrong, Citibank, Natasha Shepard. Filing fees $ 400.00 not paid/no ifp filed , filed by Linda Hamilton. (Attachments: #1 Supplement, #2 Civil Cover Sheet)(drz) Modified on 7/15/2020 (drz). |
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