Ramsey v. NewRez, LLC
| Elizabeth Ramsey |
| NewRez, LLC doing business as Shellpoint Mortgage Servicing |
| 9:2026cv80072 |
| January 22, 2026 |
| U.S. District Court for the Southern District of Florida |
| Aileen M Cannon |
| Ryon M McCabe |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 21, 2026. A more recent docket listing may be available from PACER.
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Filing 32
ORDER GRANTING MOTION TO WITHDRAW AND SETTING DEADLINE TO OBTAIN COUNSEL OR FILE NOTICE OF INTENT TO PROCEED PRO SE. Motion to Withdraw as Attorney DE #31 is GRANTED. Matthew David Bavaro and Jessica Krassner are withdrawn from case. On or before August 7, 2026, Plaintiff Elizabeth Ramsey shall obtain new counsel. Deadline to obtain new counsel 8/7/2026. Signed by Judge Aileen M. Cannon on 7/20/2026. See attached document for full details. (ebz)
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| Filing 31 MOTION to Withdraw as Attorney by Attorneys Matthew D Bavaro, Jessica Krassner, and Loan Lawyers, LLC for / by Elizabeth Ramsey. Responses due by 7/30/2026. (Attachments: #1 Text of Proposed Order Proposed Order)(Bavaro, Matthew) |
| Filing 30 NOTICE of Attorney Appearance by Jessica Krassner on behalf of Elizabeth Ramsey (Krassner, Jessica) |
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Filing 29
ORDER GRANTING MOTION TO WITHDRAW re DE #28 Motion to Withdraw as Attorney. Jennifer Gomes Simil representing Ramsey, Elizabeth (Plaintiff) withdrawn from case. Signed by Judge Aileen M. Cannon on 5/20/2026. See attached document for full details. (ebz)
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| Filing 28 Amended MOTION to Withdraw as Attorney by Jennifer Simil for / by Elizabeth Ramsey. Responses due by 6/2/2026. (Attachments: #1 Text of Proposed Order)(Simil, Jennifer) |
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Filing 27
PAPERLESS ORDER denying without prejudice #26 Motion to Withdraw as Counsel filed by Attorney Jennifer Simil. The Motion neither contains a certificate of conferral nor comes accompanied by a proposed order, both of which are required under Local Rule 7.1(a)(2). See S.D. Fla. L.R. 7.1(a)(2). Signed by Judge Aileen M. Cannon 5/18/2026. (jj02)
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| Filing 26 MOTION to Withdraw as Attorney by Jennifer Simil for / by Elizabeth Ramsey. Responses due by 5/29/2026. (Simil, Jennifer) |
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Filing 25
PAPERLESS ORDER granting Defendant Newrez LLC's Motion to Strike Jury Demand in Plaintiff Ramsey's Complaint #23 . Newrez, a mortgage servicer of Plaintiff's mortgage, argues that Plaintiff's claim under the servicer provision of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605(k), is subject to a jury trial waiver provision in the underlying mortgage and that, as assignee of that mortgage, it has authority to enforce that waiver #23 . Plaintiff does not dispute the existence of the jury trial waiver and admits that Newrez is the assignee of the mortgage containing that waiver [ECF No. 1 14(c)]--a fact confirmed by the various documents attached to the instant Motion showing that Newrez is the assignee of all of the rights of the mortgage, including the jury trial waiver provision [ECF No. 23-1 p. 10 (jury trial waiver); ECF No. 23-1 p. 14 (assignment of note from Homebridge Financial Services to Loancare LLC]; ECF No. 23-1 p. 17 (assignment of note from Loancare LLC to New Residential Mortgage LLC); ECF No. 23-1 p. 19 (New Residential Mortgage LLC to Defendant Newrez)]. Upon review of the Motion and Plaintiff's Opposition #24 , the Court concludes as follows. While the Seventh Amendment preserves a right to a jury in civil cases, that right may be waived so long as the waiver is knowing and voluntary. Here, there is no dispute as to the knowing nature of the waiver or the clarity or conspicuousness of its terms; nor is there any argument that Plaintiff's claim does not "relate to or arise out of" the note, as stated in the terms of the jury trial waiver. The sole challenge to Defendant's enforcement of the waiver is that Defendant purportedly lacks standing to enforce the waiver because Defendant was not a party to the original note [ECF No. 24 p. 3]. This argument fails. It is a familiar principle that an unlimited assignment of any contract, including a mortgage note, conveys to the assignee all rights and obligations of the assignor; Plaintiff cites no binding authority to the contrary. That is the case here; the plain terms of the assignment to Defendant clearly encompass all interests secured in the mortgage and any rights due or to become due under that mortgage [ECF No. 23-1 p. 19]. Accordingly, the Court sees no basis to depart from the standard contractual principles governing assignments of contractual rights, and courts regularly enforce jury trial waivers found in loan agreements despite similar standing challenges in the assignment context. See, e.g., DeBoskey v. SunTrust Mortg., Inc., No. 14-CV-1778-MSS-TGW, 2017 WL 4083557, at *15 (M.D. Fla. Sept. 14, 2017). Defendant's Motion to Strike is therefore granted #23 . To the extent Plaintiff makes an alternative request for empanelment of an advisory jury under Fed. R. Civ. P. 39(c), any such request would need to be filed in the form of a written motion with points and authorities, no later than June 9, 2026, specifying exactly why, under the facts of this case and/or any legal issues presented in this case, the Court should exercise its discretion to empanel an advisory jury on particularized issues. Signed by Judge Aileen M. Cannon on 5/15/2026. (jj02)
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| Filing 24 RESPONSE in Opposition re #23 MOTION to Strike Jury Demand filed by Elizabeth Ramsey. Replies due by 5/19/2026. (Simil, Jennifer) |
| Filing 23 MOTION to Strike Jury Demand by NewRez, LLC. Responses due by 5/13/2026. (Attachments: #1 Exhibit)(Dlugolecki, Dorothy Ann) |
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Filing 22
ORDER SCHEDULING MEDIATION AND SETTING MEDIATION PROCEDURES before Mediator Joseph Huss. Mediation Hearing set for 9/9/2026 10:00 AM. Signed by Judge Aileen M. Cannon on 4/23/2026. See attached document for full details. (ebz)
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| Filing 21 Renewed NOTICE of Mediator Selection and Hearing. (Renewed Joint) Selected/Added Elizabeth Ramsey as Mediator. Mediation Hearing set for 9/9/2026 at 10:00 a.m.. (Simil, Jennifer) |
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Filing 20
PAPERLESS ORDER denying Joint #19 Motion to Conduct Mediation Via Remote Video-Conference. Pursuant to the Court's Scheduling Order #15 , mediation must take place in person. On or before April 23, 2026, the parties shall submit a renewed joint notice of mediation that fully complies with the Court's orders. Signed by Judge Aileen M. Cannon on 4/21/2026. (jj02)
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| Filing 19 Joint MOTION for Leave to Appear Leave to Appear at Mediation via Videoconference for Attorneys, Mediator, Plaintiff, and Defendant. Attorney/Representative: Jennifer Simil by Elizabeth Ramsey. Responses due by 5/4/2026. (Simil, Jennifer) |
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Filing 18
PAPERLESS ORDER striking #17 Joint Notice of Mediator Selection. Pursuant to the Court's Scheduling Order #15 , mediation must take place in person. On or before April 23, 2026, the parties shall submit a renewed joint notice of mediation that fully complies with the Court's orders. Signed by Judge Aileen M. Cannon on 4/20/2026. (jj02)
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| Filing 17 (STRICKEN) Joint NOTICE of Mediator Selection and Hearing. Selected/Added Joseph Huss as Mediator. Mediation Hearing set for 9/9/2026 at 10:00 a.m.. (Simil, Jennifer) Modified per DE 18 on 4/20/2026 (amb). |
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Filing 16
ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Ryon M. McCabe on 3/26/2026. See attached document for full details. (ebz)
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Filing 15
ORDER SETTING JURY TRIAL, SETTING PRE-TRIAL DEADLINES, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 4/5/2027 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon., Calendar Call set for 3/30/2027 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon., Amended Pleadings due by 5/8/2026., Discovery due by 11/11/2026., Expert Discovery due by 11/11/2026., Fact Discovery due by 11/11/2026., Joinder of Parties due by 5/8/2026., Mediation Deadline 11/25/2026., In Limine Motions due by 3/8/2027., Dispositive Motions due by 12/3/2026., Motions due by 12/3/2026., Pretrial Stipulation due by 3/8/2027.), ORDER REFERRING CASE to Magistrate Judge Ryon M. McCabe for Discovery Matters. Signed by Judge Aileen M. Cannon on 3/25/2026. See attached document for full details. (ebz) #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 14 Joint SCHEDULING REPORT - Rule 16.1 by Elizabeth Ramsey (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Order)(Simil, Jennifer) |
| Filing 13 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Elizabeth Ramsey (Simil, Jennifer) |
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Filing 12
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements due by 3/23/2026. Signed by Judge Aileen M. Cannon on 3/2/2026. See attached document for full details. (jas)
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Filing 11
PAPERLESS ORDER denying as moot #9 Motion for Extension of Time to File Response/Reply/Answer. Defendant filed a timely Answer to Plaintiff's Complaint. Signed by Judge Aileen M. Cannon on 3/1/2026. (AMC)
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| Filing 10 ANSWER and Affirmative Defenses to Complaint by NewRez, LLC. (Dlugolecki, Dorothy Ann) |
| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by NewRez, LLC. Responses due by 2/27/2026. (Dlugolecki, Dorothy Ann) |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement by NewRez, LLC identifying Corporate Parent Shellpoint Partners LLC, Corporate Parent NRM Acquisition LLC, Corporate Parent NRM Acquisition II LLC, Corporate Parent New Residential Mortgage LLC, Corporate Parent Rithm Capital Corp., fka New Residential Investment Corp. for NewRez, LLC (Dlugolecki, Dorothy Ann) |
| Filing 7 NOTICE of Attorney Appearance by Dorothy Ann Alcibar Dlugolecki on behalf of NewRez, LLC. Attorney Dorothy Ann Alcibar Dlugolecki added to party NewRez, LLC(pty:dft). (Dlugolecki, Dorothy Ann) |
| Filing 6 NOTICE of Attorney Appearance by Justin Eric Hekkanen on behalf of NewRez, LLC. Attorney Justin Eric Hekkanen added to party NewRez, LLC(pty:dft). (Hekkanen, Justin) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Elizabeth Ramsey. NewRez, LLC served on 1/26/2026, response/answer due 2/17/2026. (Simil, Jennifer) |
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Filing 4
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 1/22/2026. (jj02)
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| Filing 3 Summons Issued as to NewRez, LLC. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. 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. (kpe) |
| Filing 1 COMPLAINT against NewRez, LLC d/b/a Shellpoint Mortgage Servicing. Filing fees $ 405.00 receipt number AFLSDC-19143456, filed by Elizabeth Ramsey. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Newrez LLC, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H)(Simil, Jennifer) |
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| Plaintiff: Elizabeth Ramsey | |
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| Defendant: NewRez, LLC doing business as Shellpoint Mortgage Servicing | |
| Represented By: | Dorothy Ann Alcibar Dlugolecki |
| Represented By: | Justin Eric Hekkanen |
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