Johnson v. Eleftherio et al
Florida Southern District Court | |
Judge: | Roy K Altman |
Case #: | 1:24-cv-23366 |
Nature of Suit | 290 Real Property - All Other Real Property |
Cause | 28:1332 Diversity-Other Contract |
Case Filed: | Sep 03, 2024 |
Terminated: | Sep 04, 2024 |
Last checked: Sunday Mar 02, 2025 4:12 AM EST |
Defendant
David Stevenson Abrams
|
Represented By
|
Defendant
Perla Francis Abrams
|
Represented By
|
Defendant
Bank of New York Mellon
|
Represented By
|
Defendant
Birch Homes LLC
|
Represented By
|
Defendant
Orlando Deluca
|
Represented By
|
Defendant
Augustus George Eleftherio
|
Represented By
|
Defendant
Newrez LLC
|
Represented By
|
Defendant
Erin Franciscka Skibicki-Eleftherio
|
Represented By
|
Defendant
Toni Townsend
|
|
Defendant
Reka Beane
|
|
Defendant
Jorge De Pina
|
Represented By
|
Defendant
Gregory A. Wallach
|
Represented By
|
Plaintiff
Levar Curtis Johnson
as Trustee of Levar Curtis Johnson Trust 18117 Biscayne Boulevard # 1045
Miami, FL 33160 |
|
TERMINATED PARTIES | |
Defendant
Shellpoint Mortgage Servicing
Terminated: 10/03/2024
|
Represented By
|
![]() ORDER GRANTING MOTION TO DISMISS granting 34 Motion to Dismiss for Failure to State a Claim. Signed by Judge Roy K. Altman on 2/3/2025. See attached document for full details. (pcs) |
Docket last updated: 2 hours ago |
Thursday, February 20, 2025 | ||
45 | 45
order
Order on Motion for Reconsideration
Thu 02/20 9:59 AM
PAPERLESS ORDER denying42 Motion for Reconsideration of Paperless Order. Johnson previously filed a motion to compel Eric Levine to produce "evidence of his authority to represent the Defendants[.]" Motion to Compel [ECF No.36 ] at 2. We denied the Motion, reasoning that: (1) "[t]his is none of the Plaintiff's business"; (2) Mr. Levine is a member of this Court's bar and Johnson produced no evidence that Mr. Levine "is illegitimately representing these Defendants other than his own speculation and innuendo"; and (3) the Plaintiff failed to confer as required by Local Rule 7.1(a)(3). Jan. 28, 2025, Paperless Order [ECF No. 37]. Johnson has moved for reconsideration of that paperless order, reasoning that he "substantially complied with Local Rule 7.1(a)(3)" and that he can challenge Mr. Levine's representation under Fed. R. Civ. P. 11(b). See Motion for Reconsideration at 3-4. There are three grounds to move for reconsideration of a non-final order under Rule 54(b), "(1) an intervening change in controlling law; (2) the availability of new evidence; and (3) the need to correct clear error or manifest injustice." Benestad v. Johnson & Johnson , 2022 WL 5239598, at *1 (S.D. Fla. Oct. 4, 2022) (Singhal, J.) (cleaned up). Motions for reconsideration, however, "cannot be used to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment. This prohibition includes new arguments that were previously available, but not pressed." Wilchombe v. TeeVee Toons, Inc. , 555 F.3d 949, 957 (11th Cir. 2009) (cleaned up). We accept Johnson's representation that he attempted to confer with defense counsel prior to filing his Motion to Compel, so we agree that Local Rule 7.1(a)(3) was not violated. However, Johnson still hasn't shown that our decision to deny the Motion to Compel was clearly erroneous. Rule 11(b) merely requires a lawyer to certify "to the court" (not the opposing party) that his pleading is "not being presented for any improper purpose," is "nonfrivolous," and has "evidentiary support." Nowhere in the text of Rule 11(b) is there a requirement that lawyers produce, on demand, evidence to the opposing party that he is authorized to represent his client. Johnson also says that he has "newly discovered evidence that Attorney Levine filed a Notice of Appearance" before the Defendants were served, and that this premature Notice of Appearance is somehow proof that he is representing the Defendants without authorization. Motion for Reconsideration at 4. This is neither "newly discovered evidence"--as Johnson himself acknowledges that the Notice of Appearance was publicly filed on the docket on October 11, 2024, see Memorandum of Law in Support of Motion for Reconsideration [ECF No. 43 ] at 4--nor is it relevant since Johnson fails to explain how filing a Notice of Appearance before filing proof of service is evidence of anything nefarious. In short, Johnson still hasn't shown any evidence "other than his own speculation and innuendo" that Mr. Levine isn't authorized to represent the Defendants. Jan. 28, 2025, Paperless Order [ECF No. 37]. The Motion for Reconsideration is DENIED . Signed by Judge Roy K. Altman on 2/20/2025. (cps) |
|
Wednesday, February 19, 2025 | ||
44 | 44
![]() AFFIDAVIT in Support re42 MOTION for Reconsideration re 37 Order on Motion to Compel filed by Levar Curtis Johnson. (ar24) |
|
43 | 43
![]() MEMORANDUM of Law in Support of Motion for Reconsideration re42 MOTION for Reconsideration re 37 Order on Motion to Compel by Levar Curtis Johnson. (ar24) |
|
42 | 42
![]() MOTION for Reconsideration re 37 Order on Motion to Compel by Levar Curtis Johnson. (ar24) |
|
Tuesday, February 18, 2025 | ||
41 | 41
notice
Notice of Compliance
Tue 02/18 10:28 AM
NOTICE of Compliance re 40 Order. DE#37, #38, and DE#40 mailed to Plaintiff at 18117 Biscayne Boulevard # 1045, Miami, FL 33160, per Order at 40. (scn) |
|
40 | 40
order
- Order (PAPERLESS or pdf attached)
Tue 02/18 10:19 AM
PAPERLESS ORDER. We received notice from the Clerk that it could not deliver a copy of our January 28, 2025, Paperless Order to the Plaintiff. See Clerk's Notice of Undeliverable Mail [ECF No. 39]. Although the Plaintiff's address on the docket is listed as 2045 Biscayne Boulevard, Miami, FL 33137, his last communication with the Court lists his address at 18117 Biscayne Boulevard # 1045, Miami, FL 33160. See Response to Motion to Dismiss [ECF No.35 ] at 10. It appears to us, then, that the Plaintiff changed his address at some point during the pendency of the litigation but neglected to tell us, which is a violation of our instructions. See Pro Se Instructions Order [ECF No.4 ] at 2 ("Litigants must promptly notify the Court of any change in address by filing a 'Notice of Change of Address,' which also must be served on opposing counsel."); see also S.D. Fla. L.R. 11.1(g) ("[A]ny party appearing pro se shall maintain current contact information with the Clerk of Court.... A party appearing pro se shall conventionally file a Notice of Current Address with updated contact information within seven (7) days of a change."). Although the Plaintiff failed to maintain his current address with the Court, we'll extend him the courtesy of resending our last two orders to his new address. We warn the Plaintiff, however, that it is his continuing responsibility to maintain a current, valid address with the Court, and that we will not update the address on his behalf again. Accordingly, the Clerk is ORDERED to: (1) change the Plaintiff's address on the docket to "18117 Biscayne Boulevard # 1045, Miami, FL 33160"; and (2) send a copy of this Paperless Order, our January 28, 2025, Paperless Order [ECF No. 37], and our February 4, 2025, Order Granting the Defendants' Motion to Dismiss [ECF No.38 ] to the Plaintiff at his updated address. Signed by Judge Roy K. Altman on 2/18/2025. (cps) |
|
Friday, February 14, 2025 | ||
39 | 39
notice
Clerk's Notice of Undeliverable Mail
Fri 02/14 12:19 PM
FIRST Clerk's Notice of Undeliverable Mail re 37 Order on Motion to Compel,,,. US Mail returned for: Levar Curtis Johnson. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp) |
|
Tuesday, February 04, 2025 | ||
38 | 38
![]() ORDER GRANTING MOTION TO DISMISS granting34 Motion to Dismiss for Failure to State a Claim. Signed by Judge Roy K. Altman on 2/3/2025. See attached document for full details. (pcs) |
|
utility
~Util - Terminate Deadlines and Hearings
Tue 02/04 2:31 PM
Deadline(s)/Hearing(s) terminated per DE38 . (pcs) |
||
Tuesday, January 28, 2025 | ||
37 | 37
order
Order on Motion to Compel
Tue 01/28 3:17 PM
PAPERLESS ORDER denying36 Motion to Compel. The Plaintiff wants us to compel Eric Levine, counsel for the Bank of New York Mellon and Shellpoint Mortgage Servicing, to produce "evidence of his authority to represent the Defendants, such as a signed engagement letter, power of attorney, or other documentation demonstrating proper authorization." Motion at 2. This is none of the Plaintiff's business. Mr. Levine is allowed to appear in this action because he is a "member[ ] of this Court's bar." Rule 4, Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys. The Plaintiff has provided no basis for us to believe that Mr. Levine is illegitimately representing these Defendants other than his own speculation and innuendo. Moreover, the Plaintiff did not confer with Mr. Levine before filing this Motion, as required by S.D. Fla. L.R. 7.1(a)(3). Signed by Judge Roy K. Altman on 1/28/2025. (cps) |
|
Monday, January 27, 2025 | ||
36 | 36
![]() MOTION to Compel Attorney Eric Levine to Verify Authority to Represent Defendants by Levar Curtis Johnson. Responses due by 2/10/2025. (pcs) |
|
Monday, January 13, 2025 | ||
35 | 35
![]() RESPONSE in Opposition re34 Joint MOTION TO DISMISS9 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Levar Curtis Johnson. Replies due by 1/21/2025. (pcs) |
|
Monday, January 06, 2025 | ||
34 | 34
![]() Joint MOTION TO DISMISS9 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Bank of New York Mellon, Newrez LLC, Shellpoint Mortgage Servicing. Responses due by 1/21/2025.(Levine, Eric) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Att: 3
![]() |
||
Att: 4
![]() |
||
Att: 5
![]() |
||
Att: 6
![]() |
||
Att: 7
![]() |
||
Att: 8
![]() |
||
Att: 9
![]() |
||
Att: 10
![]() |
||
33 | 33
![]() NOTICE of Attorney Appearance by Kenneth Stevenson Abrams on behalf of Birch Homes LLC, Augustus George Eleftherio, Erin Franciscka Skibicki-Eleftherio. Attorney Kenneth Stevenson Abrams added to party Birch Homes LLC(pty:dft), Attorney Kenneth Stevenson Abrams added to party Augustus George Eleftherio (pty:dft), Attorney Kenneth Stevenson Abrams added to party Erin Franciscka Skibicki-Eleftherio (pty:dft). (Abrams, Kenneth) |
|
Wednesday, December 18, 2024 | ||
32 | 32
order
- Order (PAPERLESS or pdf attached)
Wed 12/18 9:40 AM
PAPERLESS ORDER. Our review of the docket indicates that all of the Defendants have either appeared in this matter or been served. Pursuant to our Multiple Defendants Order, "[t]he time for responsive pleadings--for all Defendants--begins to run once all Defendant have... been served[.]" [ECF No.5 ] at 1. Accordingly, all of the Defendants shall file either an answer or responsive pleading to the Plaintiff's Amended Complaint by January 7, 2025 . We remind the Defendants that, although they "may file separate answers to the [amended] complaint[,]" they "shall file their response and motions jointly" unless there are "conflicts of position[.]" Multiple Defendants Order at 1. Signed by Judge Roy K. Altman on 12/18/2024. (cps) |
|
utility
~Util - Set/Reset Response/Answer Due Deadline
Wed 12/18 9:50 AM
Reset Response/Answer Due Deadlines per DE#32: David Stevenson Abrams response/answer due 1/7/2025; Perla Francis Abrams response/answer due 1/7/2025; Bank of New York Mellon response/answer due 1/7/2025; Reka Beane response/answer due 1/7/2025; Birch Homes LLC response/answer due 1/7/2025; Jorge De Pina response/answer due 1/7/2025; Orlando Deluca response/answer due 1/7/2025; Augustus George Eleftherio response/answer due 1/7/2025; Newrez LLC response/answer due 1/7/2025; Erin Franciscka Skibicki-Eleftherio response/answer due 1/7/2025; Toni Townsend response/answer due 1/7/2025; Gregory A. Wallach response/answer due 1/7/2025. (scn) |
||
Tuesday, December 17, 2024 | ||
31 | 31
![]() NOTICE of Attorney Appearance by Matthew A. Ciccio on behalf of Gregory A. Wallach. Attorney Matthew A. Ciccio added to party Gregory A. Wallach(pty:dft). (Ciccio, Matthew) |
|
Friday, December 13, 2024 | ||
30 | 30
![]() NOTICE of Attorney Appearance by Kimberly Lyn George on behalf of Orlando Deluca. Attorney Kimberly Lyn George added to party Orlando Deluca(pty:dft). (George, Kimberly) |
|
Thursday, December 12, 2024 | ||
29 | 29
notice
Notice of Compliance
Thu 12/12 7:59 AM
Clerk's NOTICE of Compliance re28 Order on Ex Parte Motion: Docket Entries26 and27 Unsealed. (pcs) |
|
Wednesday, December 11, 2024 | ||
28 | 28
![]() OMNIBUS ORDER denying26 Ex Parte Motion ; granting in part and denying in part27 Ex Parte Motion. The Clerk is directed to UNSEAL the Motion to Stay [ECF No. 26] and the Motion to Extend [ECF No. 27]. Signed by Judge Roy K. Altman on 12/11/2024. See attached document for full details. (pcs) |
|
Monday, December 09, 2024 | ||
SYSTEM ENTRY - Docket Entry 26 [motion] restricted/sealed until further notice. (pcs) | ||
SYSTEM ENTRY - Docket Entry 27 [motion] restricted/sealed until further notice. (pcs) | ||
Friday, December 06, 2024 | ||
25 | 25
![]() SUMMONS (Affidavit) Returned Executed on9 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Erin Franciscka Skibicki-Eleftherio served on 12/4/2024, response/answer due 12/26/2024. (pcs) |
|
24 | 24
![]() SUMMONS (Affidavit) Returned Executed on9 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Augustus George Eleftherio served on 12/4/2024, response/answer due 12/26/2024. (pcs) |
|
Thursday, December 05, 2024 | ||
23 | 23
![]() SUMMONS (Affidavit) Returned Executed on9 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Toni Townsend served on 12/3/2024, response/answer due 12/26/2024. (pcs) |
|
Tuesday, December 03, 2024 | ||
22 | 22
![]() ORDER TO SHOW CAUSE Proof of Service due by 1/2/2025. Signed by Judge Roy K. Altman on 12/3/2024. See attached document for full details. (pcs) |
|
Monday, November 18, 2024 | ||
21 | 21
![]() SUMMONS (Affidavit) Returned Executed on9 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Reka Beane served on 11/14/2024, response/answer due 12/5/2024. (pcs) |
|
Tuesday, November 12, 2024 | ||
20 | 20
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Tue 11/12 6:57 PM
PAPERLESS ORDER denying18 Motion for Extension of Time to Respond to Amended Complaint. Pursuant to our Multiple Defendants Order, the time for the Defendants to file their responsive pleadings does not begin to run until "all Defendants have either (1) been served or (2) waived service." Multiple Defendants Order [ECF No.5 ] at 1. Not all of the Defendants have been served or waived service, see generally Docket, so Defendant Jorge De Pina's 21-day deadline to file a response has not begun to run. Since there is no deadline to extend, the Motion is DENIED . Signed by Judge Roy K. Altman on 11/12/2024. (cps) |
|
19 | 19
![]() SUMMONS (Affidavit) Returned Executed on9 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 David Stevenson Abrams served on 11/7/2024, response/answer due 12/2/2024. (pcs) |
|
18 | 18
![]() MOTION for Extension of Time to File Response/Reply/Answer by Jorge De Pina. (Garcia-Menocal, Jorge) |
|
Friday, October 25, 2024 | ||
17 | 17
![]() SUMMONS (Affidavit) Returned Executed on9 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Levar Curtis Johnson. Newrez LLC served on 10/21/2024, response/answer due 11/12/2024. (pcs) |
|
Wednesday, October 23, 2024 | ||
16 | 16
![]() NOTICE of Attorney Appearance by Jorge Alejandro Garcia-Menocal on behalf of Jorge De Pina. Attorney Jorge Alejandro Garcia-Menocal added to party Jorge De Pina(pty:dft). (Garcia-Menocal, Jorge) |
|
Tuesday, October 22, 2024 | ||
15 | 15
![]() SUMMONS (Affidavit) Returned Executed on9 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Jorge De Pina served on 10/18/2024, response/answer due 11/8/2024. (pcs) |
|
14 | 14
![]() SUMMONS (Affidavit) Returned Executed on9 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Bank of New York Mellon served on 10/17/2024, response/answer due 11/7/2024. (pcs) |
|
13 | 13
![]() SUMMONS (Affidavit) Returned Executed on9 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Birch Homes LLC served on 10/17/2024, response/answer due 11/7/2024. (pcs) |
|
Friday, October 18, 2024 | ||
12 | 12
![]() NOTICE of Attorney Appearance by Kenneth Stevenson Abrams on behalf of David Stevenson Abrams, Perla Francis Abrams. Attorney Kenneth Stevenson Abrams added to party David Stevenson Abrams (pty:dft), Attorney Kenneth Stevenson Abrams added to party Perla Francis Abrams (pty:dft). (Abrams, Kenneth) |
|
Friday, October 11, 2024 | ||
11 | 11
![]() NOTICE of Attorney Appearance by Eric Marc Levine on behalf of Bank of New York Mellon, Newrez LLC, Shellpoint Mortgage Servicing. Attorney Eric Marc Levine added to party Bank of New York Mellon(pty:dft), Attorney Eric Marc Levine added to party Newrez LLC(pty:dft), Attorney Eric Marc Levine added to party Shellpoint Mortgage Servicing(pty:dft). (Levine, Eric) |
|
Thursday, October 03, 2024 | ||
10 | 10
![]() Summons Issued as to David Stevenson Abrams, Perla Francis Abrams, Bank of New York Mellon, Reka Beane, Birch Homes LLC, Jorge De Pina, Orlando Deluca, Augustus George Eleftherio, Newrez LLC, Erin Franciscka Skibicki-Eleftherio, Toni Townsend, Gregory A. Wallach. (pcs) |
|
9 | 9
![]() AMENDED COMPLAINT against David Stevenson Abrams, Perla Francis Abrams, Bank of New York Mellon, Birch Homes LLC, Orlando Deluca, Augustus George Eleftherio, Newrez LLC, Erin Franciscka Skibicki-Eleftherio, Toni Townsend, Reka Beane, Gregory A. Wallach, Jorge De Pina filed in response to Order Granting Motion for Leave, filed by Levar Curtis Johnson.(pcs) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Att: 3
![]() |
||
Wednesday, September 04, 2024 | ||
8 | 8
![]() ORDER Dismissing Case / Closing Case. (Without Prejudice) (Amended Complaint due by 10/4/2024.) Signed by Judge Roy K. Altman on 9/4/2024. See attached document for full details. (pcs) |
|
7 | 7
![]() Summons Issued as to Erin Franciscka Skibicki-Eleftherio. (kpe) |
|
6 | 6
![]() Summons Issued as to David Stevenson Abrams, Perla Francis Abrams, Bank of New York Mellon, Birch Homes LLC, Orlando Deluca, Augustus George Eleftherio, Newrez LLC, Toni Townsend. (kpe) |
|
5 | 5
![]() ORDER IN CASES WITH MULTIPLE DEFENDANTS Signed by Judge Roy K. Altman on 9/3/2024. See attached document for full details. (pcs) |
|
4 | 4
![]() ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANTS Signed by Judge Roy K. Altman on 9/3/2024. See attached document for full details. (pcs) |
|
Tuesday, September 03, 2024 | ||
3 | 3
![]() Clerks Notice of Receipt of Filing Fee received on 9/3/2024 in the amount of $ 405.00, receipt number FLS291472. (vt) |
|
2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Tue 09/03 12:33 PM
Clerks Notice of Judge Assignment to Judge Roy K. Altman. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Eduardo I. Sanchez 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. (kpe) |
|
1 | 1
![]() Quiet Title Action, Breach of Contract, Fraud and Damages against All Defendants, filed by Levar Curtis Johnson. Filing fees $ 405.00. NOT PAID/NO IFP FILED.(kpe) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Att: 3
![]() |