Gallant v. CitiMortgage, Inc et al
| Florida Southern District Court | |
| Judge: | Robert N Scola, Jr |
| Referred: | Chris M Mcaliley |
| Case #: | 0:16-cv-61029 |
| Nature of Suit | 290 Real Property - All Other Real Property |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | May 13, 2016 |
| Terminated: | Jan 25, 2017 |
| Last checked: Wednesday Nov 09, 2016 4:06 AM EST |
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Defendant
CitiMortgage, Inc
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Represented By
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Defendant
Federal National Mortgage Association
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Represented By
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Mediator
Cary A Lubetsky
Krinzman, Huss & Lubetsky 800 Brickell Avenue Suite 1501
Miami, FL 33131 |
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Plaintiff
Stella Gallant
Michael A. Citron, Esq./Loan Lawyers, LLC 2150 S. Andrews Avenue, 2d Floor
Ft. Lauderdale, FL 33316 |
Represented By
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Plaintiff
Gary Garfinkle
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Century Harmony Lakes Estates Association, Inc
Terminated: 07/22/2016
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| Docket last updated: 04/26/2024 11:59 PM EDT |
| Wednesday, March 22, 2017 | ||
| 49 | 49
order
Order
Thu 03/23 9:27 AM
ORDER dismissing with prejudice. All pending motions are DENIED AS MOOT. This case is CLOSED. Signed by Judge Robert N. Scola, Jr on 3/22/2017. (lk) |
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| Thursday, February 02, 2017 | ||
| 48 | 48
misc
Stipulation of Dismissal
Thu 02/02 8:44 AM
STIPULATION of Dismissal (joint) by CitiMortgage, Inc, Federal National Mortgage Association (Gutman, Michael) |
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| Wednesday, January 25, 2017 | ||
| 47 | 47
order
Order Dismissing Case
Wed 01/25 12:44 PM
Order Administratively Closing Case Upon Notice Of Settlement Closing Case. Motions terminated:24 MOTION TO DISMISS19 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Federal National Mortgage Association, CitiMortgage, Inc. Signed by Judge Robert N. Scola, Jr on 1/25/2017. (lan) |
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| Thursday, January 12, 2017 | ||
| 46 | 46
notice
Notice of Settlement
Thu 01/12 1:56 PM
NOTICE of Settlement (Pending) by Stella Gallant, Gary Garfinkle (Andrews, George) |
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| Wednesday, December 21, 2016 | ||
| 45 | 45
order
Order Scheduling Mediation
Thu 12/22 9:00 AM
ORDER Scheduling Mediation before Cary A. Lubetsky Mediation Hearing set for 1/11/2017 10:00 AM Signed by Judge Robert N. Scola, Jr on 12/21/2016. (lan) |
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| Wednesday, December 07, 2016 | ||
| 44 | 44
discov
Notice to Take Deposition
Wed 12/07 6:37 PM
NOTICE to Take Deposition of Stella Gallant and Gary Garfinkel by CitiMortgage, Inc, Federal National Mortgage Association.(Gutman, Michael) |
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| Monday, December 05, 2016 | ||
| 43 | 43
adr
Notice of Mediation Hearing
Mon 12/05 4:12 PM
Notice of Mediation Hearing before Mediator, Cary Lubetsky filed by Stella Gallant, Gary Garfinkle. Mediation Hearing set for 1/11/2017 10:00 AM(Andrews, George) |
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Att: 1
Text of Proposed Order
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| Wednesday, October 05, 2016 | ||
| 42 | 42
respm
Reply to Response to Motion
Wed 10/05 2:53 PM
REPLY to Response to Motion re24 MOTION TO DISMISS19 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by CitiMortgage, Inc, Federal National Mortgage Association. (Gutman, Michael) |
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| Friday, September 23, 2016 | ||
| 41 | 41
notice
Notice of Supplemental Authority
Fri 09/23 4:26 PM
Notice of Supplemental Authority and Request for Judicial Notice by Stella Gallant, Gary Garfinkle (Andrews, George) |
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Att: 1
Exhibit
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| 40 | 40
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Fri 09/23 12:20 PM
PAPERLESS ORDER: The Court grants39 the Defendants' Unopposed Motion for Extension of Time. The Defendants' reply in support of24 their Motion to Dismiss is due on or before October 6, 2016. Signed by Judge Robert N. Scola, Jr. on 9/23/2016. (kbr) |
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| 39 | 39
motion
Extension of Time to File Response/Reply/Answer
Fri 09/23 10:34 AM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to37 Response in Opposition to Motion, by CitiMortgage, Inc, Federal National Mortgage Association. (Gutman, Michael) |
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| Thursday, September 22, 2016 | ||
| 38 | 38
misc
Status Report
Thu 09/22 2:47 PM
STATUS REPORT Joint by Stella Gallant, Gary Garfinkle (Andrews, George) |
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| Friday, September 16, 2016 | ||
| 37 | 37
respm
Response in Opposition to Motion
Fri 09/16 4:28 PM
RESPONSE in Opposition re24 MOTION TO DISMISS19 Amended Complaint FOR FAILURE TO STATE A CLAIM [Corrected] filed by Stella Gallant, Gary Garfinkle. Replies due by 9/26/2016.(Andrews, George) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| 36 | 36
respm
Response in Opposition to Motion
Fri 09/16 3:18 PM
RESPONSE in Opposition re24 MOTION TO DISMISS19 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Stella Gallant, Gary Garfinkle. Replies due by 9/26/2016. (Andrews, George) |
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| Tuesday, September 13, 2016 | ||
| 35 | 35
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Tue 09/13 3:40 PM
PAPERLESS ORDER: The Court grants34 the Plaintiffs' Motion for Extension of Time. The Plaintiffs' response to24 the Defendants' Motion to Dismiss is due on or before September 16, 2016. Signed by Judge Robert N. Scola, Jr. on 9/13/2016. (kbr) |
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| Monday, September 12, 2016 | ||
| 34 | 34
motion
Extension of Time to File Response/Reply/Answer
Mon 09/12 4:09 PM
Second MOTION for Extension of Time to File Response/Reply/Answer as to24 MOTION TO DISMISS19 Amended Complaint FOR FAILURE TO STATE A CLAIM by Stella Gallant, Gary Garfinkle.(Andrews, George) |
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Att: 1
Text of Proposed Order
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| Thursday, September 08, 2016 | ||
| 33 | 33
order
Order on Motion to Strike
Thu 09/08 5:14 PM
PAPERLESS ORDER: The Plaintiffs have informed the Court that28 Notice of Mediation Hearing relates to another action and was erroneously filed in this case. Accordingly, the Court grants29 the Plaintiffs' Motion to Strike. The Clerk shall strike28 from the docket. Signed by Judge Robert N. Scola, Jr. on 9/8/2016. (kbr) |
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| Wednesday, September 07, 2016 | ||
| 32 | 32
notice
Notice of Unavailability
Wed 09/07 12:05 PM
NOTICE OF UNAVAILABILITY by Stella Gallant, Gary Garfinkle for dates of September 29-October 7, 2016; October 12, 2016, October 17-18, 2016, October 24-25, 2016. Attorney Michael Abraham Citron added to party Gary Garfinkle(pty:pla). (Citron, Michael) |
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| Thursday, September 01, 2016 | ||
| 31 | 31
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Thu 09/01 3:53 PM
PAPERLESS ORDER: The Court grants27 the Plaintiffs' Unopposed Motion for Extension of Time. The Plaintiffs' response to24 the Defendants' Motion to Dismiss is due on or before September 12, 2016. Signed by Judge Robert N. Scola, Jr. on 9/1/2016. (kbr) |
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| Wednesday, August 31, 2016 | ||
| 30 | 30
notice
Clerks Notice of Docket Correction and Instruction to Filer - Attorney
Wed 08/31 4:27 PM
Clerks Notice to Filer re27 Unopposed MOTION for Extension of Time to File Response/Reply/Answer . Document Not Linked ; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (lk) |
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| 29 | 29
motion
Strike
Wed 08/31 1:53 PM
Plaintiff's MOTION to Strike D.E. 28 From Court Docket by Stella Gallant, Gary Garfinkle. Responses due by 9/19/2016(Andrews, George) |
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Att: 1
Text of Proposed Order
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| 28 | 28
adr
Notice of Mediation Hearing
Wed 08/31 12:04 PM
Notice of Mediation Hearing before Mediator, Charles A. Mancuso filed by Stella Gallant, Gary Garfinkle. Mediation Hearing set for 9/19/2016 01:30 PM(Andrews, George) |
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Att: 1
Text of Proposed Order
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| 27 | 27
motion
Extension of Time to File Response/Reply/Answer
Wed 08/31 11:07 AM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer to DE24 Motion to dismiss by Stella Gallant, Gary Garfinkle. (Andrews, George) Modified/Added link to Motion on 8/31/2016 (lk) |
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| Thursday, August 18, 2016 | ||
| 26 | 26
answer
Answer to Amended Complaint
Thu 08/18 5:18 PM
ANSWER and Affirmative Defenses to Amended Complaint by Federal National Mortgage Association. (Gutman, Michael) |
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| 25 | 25
answer
Answer to Amended Complaint
Thu 08/18 5:17 PM
ANSWER and Affirmative Defenses to Amended Complaint by CitiMortgage, Inc. (Gutman, Michael) |
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| 24 | 24
motion
Dismiss for Failure to State a Claim
Thu 08/18 5:13 PM
MOTION TO DISMISS19 Amended Complaint FOR FAILURE TO STATE A CLAIM by CitiMortgage, Inc, Federal National Mortgage Association. Responses due by 9/6/2016(Gutman, Michael) |
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Att: 1
Exhibit A
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| Wednesday, August 17, 2016 | ||
| 23 | 23
adr
Notice of Mediator Selection (Optional Hearing)
Wed 08/17 4:34 PM
NOTICE of Mediator Selection: Cary Lubetsky selected. Filed/Added by Cary A Lubetsky. (Andrews, George) |
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| Wednesday, August 03, 2016 | ||
| 22 | 22
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Wed 08/03 11:52 AM
PAPERLESS ORDER: The Court grants20 the Defendants' Unopposed Motion for Extension of Time. The Defendants' response to the19 the First Amended Complaint is due on or before August 18, 2016. Signed by Judge Robert N. Scola, Jr. on 8/3/2016. (kbr) |
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| 21 | 21
order
Order on Motion to Dismiss for Failure to State a Claim
Wed 08/03 11:50 AM
PAPERLESS ORDER: The Court denies as moot13 the Defendants' motion to dismiss. The Plaintiff's19 amended pleading moots the motion to dismiss the prior pleading. See Taylor v. Alabama , 275 F. App'x 836, 838 (11th Cir. 2008) (noting that when the plaintiffs amended their complaint the defendants' motion to dismiss became moot). Signed by Judge Robert N. Scola, Jr. on 8/3/2016. (kbr) |
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| Tuesday, August 02, 2016 | ||
| 20 | 20
motion
Extension of Time to File Response/Reply/Answer
Tue 08/02 3:16 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to19 Amended Complaint by CitiMortgage, Inc, Federal National Mortgage Association.(Gutman, Michael) |
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Att: 1
Exhibit A
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| Thursday, July 21, 2016 | ||
| 19 | 19
cmp
Amended Complaint
Thu 07/21 5:59 PM
First AMENDED COMPLAINT against CitiMortgage, Inc, Federal National Mortgage Association, filed by Stella Gallant, Gary Garfinkle.(Andrews, George) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| Wednesday, July 13, 2016 | ||
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utility
~Util - Set/Reset Deadlines/Hearings
Wed 07/13 2:43 PM
Set/Reset Deadlines/Hearings as per DE 18 : Amended Pleadings due by 7/21/2016. (lk) |
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| Tuesday, July 12, 2016 | ||
| 18 | 18
order
Order on Motion for Extension of Time
Tue 07/12 2:18 PM
PAPERLESS ORDER: The Court grants17 the Plaintiff's Unopposed Motion for Extension of Time. The Plaintiff's Amended Complaint is due on or before July 21, 2016. Signed by Judge Robert N. Scola, Jr. on 7/12/2016. (kbr) |
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| Monday, July 11, 2016 | ||
| 17 | 17
motion
Extension of Time
Mon 07/11 3:17 PM
Unopposed MOTION for Extension of Time to File Amended Complaint by Stella Gallant. Responses due by 7/28/2016(Citron, Michael) |
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Att: 1
Text of Proposed Order
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| Monday, June 27, 2016 | ||
| 16 | 16
order
Order on Motion for Extension of Time to Amend
Mon 06/27 4:10 PM
PAPERLESS ORDER: The Court grants15 the Plaintiff's unopposed Motion for Extension of Time. The Plaintiff's amended complaint must be served and filed by July 11, 2016. Signed by Judge Robert N. Scola, Jr. on 6/27/2016. (kbr) |
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| Friday, June 24, 2016 | ||
| 15 | 15
motion
Extension of Time to Amend
Fri 06/24 4:39 PM
First MOTION for Extension of Time to Amend Complaint by Stella Gallant. Responses due by 7/11/2016(Citron, Michael) |
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Att: 1
Exhibit Proposed Order
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| Thursday, June 16, 2016 | ||
| 14 | 14
order
Scheduling Order Order Referring Case to Mediation
Fri 06/17 10:15 AM
SCHEDULING ORDER and Order Of Referral To Mediation: ( Jury Trial set for 5/30/2017 in Miami Division before Judge Robert N. Scola Jr.., Calendar Call set for 5/23/2017 before Judge Robert N. Scola Jr.., Amended Pleadings due by 7/20/2017., Expert Discovery due by 3/24/2017., Fact Discovery due by 1/11/2017., Joinder of Parties due by 7/20/2017., In Limine Motions due by 3/28/2017., Dispositive Motions due by 2/10/2017., Motions due by 3/28/2017., Pretrial Stipulation due by 5/2/2017., Status Report due by 9/23/2016.), ORDER REFERRING CASE to Mediation. Mediation Deadline 2/17/2017. Signed by Judge Robert N. Scola, Jr on 6/16/2016. (lrz) |
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| Friday, June 10, 2016 | ||
| 13 | 13
motion
Dismiss for Failure to State a Claim
Fri 06/10 5:57 PM
MOTION TO DISMISS1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by CitiMortgage, Inc, Federal National Mortgage Association. Responses due by 6/27/2016(Gutman, Michael) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| Friday, June 03, 2016 | ||
| 12 | 12
misc
Scheduling Report - Rule 26(f)/16.1
Fri 06/03 3:40 PM
SCHEDULING REPORT - Rule 16.1 by Stella Gallant (Citron, Michael) |
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| Friday, May 20, 2016 | ||
| 11 | 11
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Fri 05/20 11:07 AM
PAPERLESS ORDER: The Court grants10 the Defendants' Motion for Extension of Time. The Defendants' response to the Complaint is due on or before June 10, 2016 Signed by Judge Robert N. Scola, Jr. on 5/20/2016. (kbr) |
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| Thursday, May 19, 2016 | ||
| 10 | 10
motion
Extension of Time to File Response/Reply/Answer
Thu 05/19 11:31 AM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to1 Notice of Removal (State Court Complaint),, by CitiMortgage, Inc, Federal National Mortgage Association.(Gutman, Michael) |
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Att: 1
Exhibit A
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| 9 | 9
notice
Clerk's Notice of Consent to Proceed Before Magistrate Judge - FORM
Thu 05/19 11:26 AM
CORRECTED Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (vjk) |
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| 8 | 8
notice
Clerks Notice of Docket Correction - Chambers and Clerks
Thu 05/19 11:23 AM
Clerks Notice of Docket Correction re5 Order of Recusal, 6 Case Referred to Magistrate Judge. Incorrect District Judge Selected ; Corrected by the Clerk; Correct image attached. (vjk) |
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| 7 | 7
notice
Clerk's Notice of Consent to Proceed Before Magistrate Judge - FORM
Thu 05/19 10:40 AM
Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge William C. Turnoff is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (vjk) |
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| 6 | 6
utility
Case Referred to Magistrate Judge
Thu 05/19 10:39 AM
CASE REFERRED to Magistrate Judge Chris M. McAliley. (vjk) Modified Magistrate Judge on 5/19/2016 (vjk) |
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| 5 | 5
order
Order of Recusal
Thu 05/19 10:37 AM
ORDER OF RECUSAL. Magistrate Judge Alicia M. Otazo-Reyes recused. Case reassigned to Magistrate Judge Chris M. McAliley. Modified Judge & text on 5/19/2016 (vjk) |
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| Friday, May 13, 2016 | ||
| 4 | 4
service
Summons Issued
Fri 05/13 3:37 PM
Order Requiring Discovery And Scheduling Conference And Order Referring Discovery Matters To Magistrate Judge Alicia M. Otazo- Reyes for Discovery Matters Signed by Judge Robert N. Scola, Jr on 5/13/2016. (lrz) |
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| 3 | 3
notice
Clerk's Notice of Consent to Proceed Before Magistrate Judge - FORM
Fri 05/13 1:27 PM
Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (lrz) |
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| 3 | 3
notice
Clerk's Notice of Consent to Proceed Before Magistrate Judge - FORM
Fri 05/13 3:32 PM
Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (ail) |
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| 2 | 2
order
Judge Assignment
Fri 05/13 1:27 PM
Judge Assignment to Judge Robert N. Scola, Jr (lrz) |
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| 2 | 2
order
Judge Assignment
Fri 05/13 3:32 PM
Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow (ail) |
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| 1 | 1
cmp
Notice of Removal (State Court Complaint)
Fri 05/13 1:10 PM
NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $400.00. Pay.gov Agency Tracking ID 113C-8735929, payment transferred from : 16cv61029 Gallant v. CitiMortgage, Inc. et al., filed by Federal National Mortgage Association, CitiMortgage, Inc.(Gutman, Michael) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C (part I),
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Att: 5
Exhibit C (part II),
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Att: 6
Exhibit C (part III),
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Att: 7
Exhibit C (part IV),
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Att: 8
Exhibit D,
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Att: 9
Exhibit E,
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Att: 10
Exhibit F
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