This case was last updated from U.S. District Courts on 03/14/2023 at 07:22:50 (UTC).

KELLY v. SPECIALIZED LOAN SERVICING, LLC.

Case Summary

On 01/13/2023 KELLY filed a Finance - Consumer Credit lawsuit against SPECIALIZED LOAN SERVICING, LLC. This case was filed in U.S. District Courts, Florida Southern District Court. The Judge overseeing this case is Raag Singhal. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    0:23-CV-60059

  • Filing Date:

    01/13/2023

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Finance - Consumer Credit

Judge Details

Presiding Judge

Raag Singhal

 

Party Details

Plaintiff

BRIAN KELLY

Defendant

SPECIALIZED LOAN SERVICING, LLC.

Attorney/Law Firm Details

Plaintiff Attorneys

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

Defendant Attorneys

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

 

Court Documents

1 #1

Main Document

1 #1

Exhibit A - State Court Complaint

1 #2

Exhibit B - State Court File

1 #3

Civil Cover Sheet

#5

(#5) Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by BRIAN KELLY (Newhart, Darren) (Entered: 01/18/2023)

6 #6

Main Document

6 #1

Text of Proposed Order

8 #8

Main Document

8 #1

Text of Proposed Order

#10

(#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

(#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

(#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)

13 #13

Main Document

13 #1

Certification

4 More Documents Available

 

Docket Entries

  • 03/03/2023
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  • 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)

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  • 03/03/2023
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  • Docket(#15) Notice of NO Pending, Refiled, Related or Similar Actions by SPECIALIZED LOAN SERVICING, LLC. (Fernandez, Barbara) (Entered: 03/03/2023)

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  • 03/03/2023
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  • Docket(#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)

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  • 03/02/2023
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  • Docket(#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)

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  • 02/28/2023
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  • Docket(#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)

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  • 02/23/2023
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  • Docket(#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)

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  • 02/22/2023
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  • Docket(#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)

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  • 02/09/2023
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  • Docket(#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)

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  • 02/08/2023
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  • Docket(#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)

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  • 01/20/2023
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  • Docket(#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)

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  • 01/19/2023
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  • Docket(#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)

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  • 01/18/2023
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  • Docket(#5) Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by BRIAN KELLY (Newhart, Darren) (Entered: 01/18/2023)

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  • 01/17/2023
  • Docket(#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)

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  • 01/17/2023
  • Docket(#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)

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  • 01/13/2023
  • Docket(#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)

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  • 01/13/2023
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  • Docket(#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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