Tannenbaum v. Caliber Home Loans, Inc.
| Terry Tannenbaum |
| Caliber Home Loans, Inc. |
| 9:2021cv80929 |
| May 25, 2021 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 28, 2021. A more recent docket listing may be available from PACER.
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| Filing 33 REPLY to Response to Motion re #24 MOTION to Dismiss with Prejudice #1 Complaint filed by Caliber Home Loans, Inc.. (Attachments: #1 Exhibit In re FDCPA Mailing Vendor Cases)(Evans, Dale) |
| Filing 32 MOTION to Stay by Caliber Home Loans, Inc.. Responses due by 8/9/2021 (Attachments: #1 Exhibit A)(Ustler, Robinson) |
| Reset Deadlines Per DE#31. Replies due by 7/28/2021. (cqs) |
Filing 31
PAPERLESS ORDER granting #30 Unopposed Motion for Extension of Time of File a Reply in Support of Motion to Dismiss. The reply shall be due by or before July 28, 2021. Signed by Magistrate Judge William Matthewman on 7/20/2021. (jb02)
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| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #24 MOTION to Dismiss with Prejudice #1 Complaint by Caliber Home Loans, Inc.. (Attachments: #1 Text of Proposed Order)(Evans, Dale) |
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Filing 29
ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge William Matthewman on 7/20/2021. See attached document for full details. (cds)
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| Active Hearings Before Prior Presider Deadline(s)/Hearing(s) terminated. (ch1) |
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Filing 28
PAPERLESS ORDER: THIS CAUSE is before the Court upon U.S. District Judge Donald M. Middlebrooks' Order of Reference #27 and the parties' consent to the exercise of jurisdiction by the undersigned over all further proceedings in this case. Being fully advised in the premises, a status conference shall be held on July 29, 2021, at 3:30 p.m., to take place via Zoom Video Teleconference (VTC) in the West Palm Beach Division before Magistrate Judge William Matthewman. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All participants at the hearing are expected to appear by both audio and video. Counsel for the parties shall confer prior to the hearing and be prepared to discuss: (1) a proposed pretrial schedule; (2) an estimate of the time required for trial; (3) proposed trial dates; (4) the status of the current litigation; and (5) any other matters which need to be addressed by the parties or the Court. In addition, the parties shall also be fully prepared to discuss their availability to set this trial in 2021-2022. Signed by Magistrate Judge William Matthewman on 7/15/2021. (jb02)
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Filing 27
ORDER OF REFERENCE to Magistrate Judge William Matthewman for Trial. Judge Donald M. Middlebrooks no longer assigned as presider judge(s) in case. Signed by Judge Donald M. Middlebrooks on 7/15/2021. See attached document for full details. (cds)
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| Filing 26 RESPONSE in Opposition re #24 MOTION to Dismiss with Prejudice #1 Complaint filed by Terry Tannenbaum. Replies due by 7/21/2021. (Shipp, Ryan) |
| Filing 25 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Caliber Home Loans, Inc. (Evans, Dale) |
| Filing 24 MOTION to Dismiss with Prejudice #1 Complaint by Caliber Home Loans, Inc.. Responses due by 7/14/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Evans, Dale) |
| Filing 23 REPORT REGARDING [Proposed] Joint Discovery Plan by Caliber Home Loans, Inc. (Evans, Dale) |
| Filing 22 NOTICE of Mediator Selection. Selected/Added Rodney A. Max as Mediator. (Evans, Dale) |
| Filing 21 Corporate Disclosure Statement by Caliber Home Loans, Inc. identifying Corporate Parent LSF6 Service Operations, LLC, Corporate Parent LSF6 Mid-Servicer Holdings, LLC for Caliber Home Loans, Inc. (Evans, Dale) |
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Filing 20
PAPERLESS ORDER denying #17 Joint Motion to Vacate the Trial Date and to Set a Class Certification Discovery and Briefing Schedule. On June 3, 2021, I entered an Order setting this matter for trial during the two-week trial period commencing February 14, 2022. (DE #9 ). On June 15, 2021, a Pretrial Scheduling Order (DE #18 ) was issued following a Scheduling Conference (DE 19). Prior to entry of the Pretrial Scheduling Order, the Parties sought to continue the trial to an undetermined date and to be placed on a class discovery and briefing schedule to span the next 10 months, with a discovery deadline of April 11, 2022. The Parties represent that the nature of this putative class action requires additional time to conduct class and expert discovery that would not be afforded under the operative trial date. The Parties' Motion appears premature, as trial is currently scheduled eight months from now, a pretrial schedule was only just entered, and therefore the Parties have not demonstrated that the litigation schedule cannot be met despite their utmost diligence. Accordingly, I will deny the Motion without prejudice. The Parties are advised that they may consent to the jurisdiction of United States Magistrate Judge William Matthewman, who generally allows the Parties great flexibility in setting the course and schedule, including the trial date, of their case. Signed by Judge Donald M. Middlebrooks on 6/16/2021. (hck)
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| Filing 19 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held by Zoom Video Teleconference. Scheduling Conference held on 6/15/2021. Discussion held on trial date, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation and settlements. Scheduling order and order of referral to mediation to be issued. Total time in court: 11 minutes. Attorney Appearance(s): Steven L. Woodrow for Plaintiff, Dale A Evans, Jr. and Christopher M. Boeck for Defendant. (Digital 14:45:14) (kza) |
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Filing 18
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 8/12/2021., Discovery due by 12/2/2021., Joinder of Parties due by 8/12/2021., In Limine Motions due by 12/16/2021., Dispositive Motions due by 12/16/2021., Motions due by 12/16/2021., Pretrial Stipulation due by 1/18/2022.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 6/15/2021. See attached document for full details. (cds)
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| Filing 17 Joint MOTION to Vacate The Trial Date And To Set A Class Certification Discovery and Briefing Schedule by Terry Tannenbaum. Responses due by 6/28/2021 (Shipp, Ryan) |
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Filing 16
PAPERLESS ORDER granting in part #13 Unopposed Motion for Enlargement of Time. Defendant seeks a 30-day extension of time to respond to Plaintiff's Complaint. In support, Defendant states that it requires additional time to "investigate the alleged facts and develop its defenses." (DE 13 at 2). Defendant also represents that a motion for rehearing en banc is currently pending before the Eleventh Circuit in a related case, and, if granted, Defendant intends to move for a stay of this case. Based on the former reason to the exclusion of the latter, which I find overly speculative to establish good cause, I will grant a two-week extension. Accordingly, Defendant shall respond to the Complaint on or before June 30, 2021. Signed by Judge Donald M. Middlebrooks on 6/11/2021. (hck)
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Filing 15
PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher M. Boeck. Signed by Judge Donald M. Middlebrooks on 6/11/2021. (hck)
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Filing 14
PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert T. Mowrey. Signed by Judge Donald M. Middlebrooks on 6/11/2021. (hck)
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| Filing 13 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Caliber Home Loans, Inc.. (Attachments: #1 Text of Proposed Order)(Evans, Dale) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher M Boeck. Filing Fee $ 200.00 Receipt # AFLSDC-14758293 by Caliber Home Loans, Inc.. Responses due by 6/24/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Evans, Dale) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert T Mowrey. Filing Fee $ 200.00 Receipt # AFLSDC-14758246 by Caliber Home Loans, Inc.. Responses due by 6/24/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Evans, Dale) |
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Filing 10
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 6/15/2021 at 2:45 PM in West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed prior to the scheduling conference. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 6/7/2021. (no00)
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Filing 9
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 2/14/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 2/9/2022 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference. Signed by Judge Donald M. Middlebrooks on 6/4/2021. See attached document for full details. (cds) #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 8 NOTICE of Attorney Appearance by Robinson Keith Ustler on behalf of Caliber Home Loans, Inc.. Attorney Robinson Keith Ustler added to party Caliber Home Loans, Inc.(pty:dft). (Ustler, Robinson) |
| Filing 7 NOTICE of Attorney Appearance by Dale A Evans, Jr on behalf of Caliber Home Loans, Inc.. Attorney Dale A Evans, Jr added to party Caliber Home Loans, Inc.(pty:dft). (Evans, Dale) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Terry Tannenbaum. Caliber Home Loans, Inc. served on 5/26/2021, answer due 6/16/2021. (Shipp, Ryan) |
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Filing 5
PAPERLESS ORDER granting #4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Steven L. Woodrow. Signed by Judge Donald M. Middlebrooks on 5/26/2021. (hck)
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| Filing 4 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven L. Woodrow. Filing Fee $ 200.00 Receipt # AFLSDC-14716653 by Terry Tannenbaum. Responses due by 6/9/2021 (Attachments: #1 Certification Certification of Steven L. Woodrow, Esq., #2 Order Granting Motion to Appear Pro Hac Vice)(Shipp, Ryan) |
| Filing 3 Summons Issued as to Caliber Home Loans, Inc.. (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge William Matthewman. 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. (cds) |
| Filing 1 COMPLAINT Class Action jury Demand against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14713430, filed by Terry Tannenbaum. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit)(Shipp, Ryan) |
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