0:23-CV-60059
01/13/2023
Pending - Other Pending
Finance - Consumer Credit
Raag Singhal
BRIAN KELLY
SPECIALIZED LOAN SERVICING, LLC.
Matthew David Bavaro
Attorney at Loan Lawyers
3201 Griffin Road, Suite 100
Fort Lauderdale, FL 33312
Brooke B. Rebarchak
Attorney at Methvin, Terrell, Yancey, Stephens & Miller, P.C.
2201 Arlington Avenue South
Birmingham, AL 35205
James Matthew Stephens
Attorney at Methvin, Terrell, Yancey, Stephens & Miller, P.C.
2201 Arlington Avenue South
Birmingham, AL 35205
Darren R. Newhart
Attorney at Newhart Legal, P.A.
14611 Southern Blvd., Suite 1351
Loxahatchee, FL 33470
Barbara Fernandez
Attorney at Hinshaw & Culbertson LLP
2525 Ponce De Leon Boulevard, Suite 400
Miami, FL 33156-2741
Peter Anthony Hernandez
Attorney at Hinshaw & Culbertson, LLP
2525 Ponce De Leon Boulevard, 4Th Floor
Coral Gables, FL 33134
Main Document
Exhibit A - State Court Complaint
Exhibit B - State Court File
Civil Cover Sheet
(#5) Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by BRIAN KELLY (Newhart, Darren) (Entered: 01/18/2023)
Main Document
Text of Proposed Order
Main Document
Text of Proposed Order
(#10) Order Requiring Joint Scheduling Report Joint Scheduling Report due by 3/15/2023 Signed by Judge Raag Singhal on 2/22/2023. See attached document for full details. (cqs) (Entered: 02/23/2023)
(#11) Defendant's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by SPECIALIZED LOAN SERVICING, LLC.. (Hernandez, Peter) (Entered: 02/23/2023)
(#12) NOTICE of Attorney Appearance by James Matthew Stephens on behalf of BRIAN KELLY. Attorney James Matthew Stephens added to party BRIAN KELLY(pty:pla). (Stephens, James) (Entered: 02/28/2023)
Main Document
Certification
Docket(#16) PAPERLESS ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Brooke B. Rebarchak. Signed by Judge Raag Singhal on 3/3/2023. (am00) (Entered: 03/03/2023)
[-] Read LessDocket(#15) Notice of NO Pending, Refiled, Related or Similar Actions by SPECIALIZED LOAN SERVICING, LLC. (Fernandez, Barbara) (Entered: 03/03/2023)
[-] Read LessDocket(#14) Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by SPECIALIZED LOAN SERVICING, LLC. identifying Corporate Parent Specialized Loan Servicing Holdings, LLC, Corporate Parent Computershare Limited, a publicly traded company founded in Australia for SPECIALIZED LOAN SERVICING, LLC. (Fernandez, Barbara) (Entered: 03/03/2023)
[-] Read LessDocket(#13) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brooke Rebarchak. Filing Fee $ 200.00 Receipt # AFLSDC-16388172 by BRIAN KELLY. Responses due by 3/16/2023 (Attachments: #1 Certification)(Newhart, Darren) (Entered: 03/02/2023)
[-] Read LessDocket(#12) NOTICE of Attorney Appearance by James Matthew Stephens on behalf of BRIAN KELLY. Attorney James Matthew Stephens added to party BRIAN KELLY(pty:pla). (Stephens, James) (Entered: 02/28/2023)
[-] Read LessDocket(#11) Defendant's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by SPECIALIZED LOAN SERVICING, LLC.. (Hernandez, Peter) (Entered: 02/23/2023)
[-] Read LessDocket(#10) Order Requiring Joint Scheduling Report Joint Scheduling Report due by 3/15/2023 Signed by Judge Raag Singhal on 2/22/2023. See attached document for full details. (cqs) (Entered: 02/23/2023)
[-] Read LessDocket(#9) PAPERLESS ORDER granting #8 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document by SPECIALIZED LOAN SERVICING, LLC.. Response/Answer is due 2/23/2023. Signed by Judge Raag Singhal on 2/9/2023. (am00) (Entered: 02/09/2023)
[-] Read LessDocket(#8) Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by SPECIALIZED LOAN SERVICING, LLC.. (Attachments: #1 Text of Proposed Order)(Fernandez, Barbara) (Entered: 02/08/2023)
[-] Read LessDocket(#7) PAPERLESS ORDER granting #6 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document by SPECIALIZED LOAN SERVICING, LLC. Response/Answer due 2/9/2023. Signed by Judge Raag Singhal on 1/20/2023. (am00) (Entered: 01/20/2023)
[-] Read LessDocket(#6) Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by SPECIALIZED LOAN SERVICING, LLC.. (Attachments: #1 Text of Proposed Order)(Fernandez, Barbara) (Entered: 01/19/2023)
[-] Read LessDocket(#5) Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by BRIAN KELLY (Newhart, Darren) (Entered: 01/18/2023)
[-] Read LessDocket(#4) NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 1/17/2023. (am00) (Entered: 01/17/2023)
[-] Read LessDocket(#3) PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 1/17/2023. (am00) (Entered: 01/17/2023)
[-] Read LessDocket(#2) Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (nwn) (Entered: 01/13/2023)
[-] Read LessDocket(#1) NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $402.00. Pay.gov Agency Tracking ID FLSDC-16237550, payment transferred from : 23CV60054 Brian Kelly v Specialized Loan Servicing, LLC, filed by SPECIALIZED LOAN SERVICING, LLC,. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court File, #3 Civil Cover Sheet)(Fernandez, Barbara) No Answer/Motion To Dismiss Filed. Modified Text on 1/13/2023 (nwn). (Entered: 01/13/2023)
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