| Court: | flsd |
| Docket #: | 9:12-cv-80840 |
| Case Name: | Feliciano et al v. Countrywide Home Loans Inc. et al |
| PACER case #: | 405106 |
| Date filed: | 2012-08-08 |
| Date terminated: | 2013-03-05 |
| Assigned to: | Judge Donald M. Middlebrooks |
| Referred to: | Magistrate Judge Dave Lee Brannon |
| Case Cause: | 15:1692 Fair Debt Collection Act |
| Nature of Suit: | 290 Real Property: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Robert A Feliciano Plaintiff |
Robert A Feliciano Kenneth Eric Trent |
| Catrinia Feliciano Plaintiff |
Catrinia Feliciano Kenneth Eric Trent |
| Countrywide Home Loans Inc. Defendant |
Eric Marc Levine |
| CHL Mortgage Pass Through Trust 2005-HYB8 Defendant |
Eric Marc Levine |
| CWMBS, Inc Defendant |
Eric Marc Levine |
| The Bank of New York Defendant |
Eric Marc Levine |
| Mortgage Electronic Registration Systems, Inc. (MERS), Defendant |
Eric Marc Levine |
| Bank Of America, N.A. Defendant And all persons claiming by,through or under such person, all persons unknown, claiming any legal or equitable title, estate, lien or interest in the property described in the complaint adverse to plaintiff's title thereto |
Eric Marc Levine |
| Does 1 to 20 Defendant Inclusive |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-08-08 | 1 | 0 | COMPLAINT against Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Does 1 to 20, Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York. Filing fee $ 350.00 Receipt#: FLS900001782, filed by Catrinia Feliciano, Robert A Feliciano.(cqs) (Additional attachment(s) added on 8/8/2012: # 1 Civil Cover Sheet) (cqs). (Entered: 08/08/2012) | 2012-10-30 18:12:27 | 80292942a8c6101506debdadcc6c24aa2d3aa1bd | |
| 1 | 1 | Civil Cover Sheet | ||||
| 2012-08-08 | 2 | 0 | Judge Assignment to Judge Donald M. Middlebrooks (cqs) (Entered: 08/08/2012) | |||
| 2012-08-08 | 3 | 0 | Summons Issued as to Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York. (cqs) (Entered: 08/08/2012) | |||
| 2012-08-08 | 4 | 0 | Clerks Notice of Receipt of Filing Fee received on 8/8/2012 in the amount of $ 350.00, receipt number FLS900001782 (cqs) (Entered: 08/09/2012) | |||
| 2012-08-10 | 5 | 0 | SUMMONS (Affidavit) Returned Executed on 1 Complaint, by Catrinia Feliciano, Robert A Feliciano. Bank Of America, N.A. served on 8/9/2012, answer due 8/30/2012. (jc) (Entered: 08/10/2012) | |||
| 2012-08-10 | 6 | 0 | SUMMONS (Affidavit) Returned Executed on 1 Complaint, by Catrinia Feliciano, Robert A Feliciano. Countrywide Home Loans Inc. served on 8/9/2012, answer due 8/30/2012. (jc) (Entered: 08/10/2012) | |||
| 2012-08-15 | 7 | 0 | Clerk's Notice of Undeliverable Mail re 2 Judge Assignment, 4 Clerks Receipt. US Mail returned for: Robert A. Feliciano; Forward Time Exp. per US Postal Service.. The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. 2 Attempts/Returned. Noticing discontinued, pending updated information from party. System & Case Updated. (jmd) (Entered: 08/15/2012) | |||
| 2012-08-23 | 8 | 0 | Clerk's Notice of Undeliverable Mail re 4 Clerks Receipt. US Mail returned for: CATRINIA FELICIANO . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc) (Entered: 08/23/2012) | |||
| 2012-08-30 | 9 | 0 | Defendants' ANSWER and Affirmative Defenses to Complaint by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York.(Levine, Eric) (Entered: 08/30/2012) | |||
| 2012-09-07 | 10 | 0 | Corporate Disclosure Statement by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Does 1 to 20, Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York (Levine, Eric) (Entered: 09/07/2012) | |||
| 2012-09-10 | 11 | 0 | NOTICE of Correction of Address by Catrinia Feliciano, Robert A Feliciano. (Address updated). (ar2) (Entered: 09/10/2012) | |||
| 2012-09-10 | 12 | 0 | CERTIFICATION and Notice of Interested Parties by Catrinia Feliciano, Robert A Feliciano. (ar2) (Entered: 09/10/2012) | |||
| 2012-09-10 | 13 | 0 | NOTICE of Filing: Consent to Proceed before a United States Magistrate Judge by Catrinia Feliciano, Robert A Feliciano. (ar2) (Entered: 09/10/2012) | |||
| 2012-09-10 | 14 | 0 | ORDER REFERRING CASE and Setting Trial Date. ( Calendar Call set for 3/20/2013 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Trial set for 3/25/2013 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks). Signed by Judge Donald M. Middlebrooks on 9/10/2012. (See Order for details). (ar2) (Entered: 09/11/2012) | |||
| 2012-09-11 | 15 | 0 | ORDER SETTING SCHEDULING CONFERENCE, ( Scheduling Conference set for 9/24/2012 at 11:30 AM in West Palm Beach Division before Magistrate Judge Dave Lee Brannon.) Signed by Magistrate Judge Dave Lee Brannon on 9/11/2012. (sa) (Entered: 09/11/2012) | |||
| 2012-09-24 | 16 | 0 | Minute Entry for proceedings held before Magistrate Judge Dave Lee Brannon: Scheduling Conference held on 9/24/2012. (Digital 11:35:56.) (sa) (Entered: 09/24/2012) | |||
| 2012-09-24 | 17 | 0 | PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 10/9/2012. Discovery due by 12/17/2012. Joinder of Parties due by 10/9/2012. Motions due by 12/31/2012. Pretrial Stipulation due by 2/25/2013. Signed by Magistrate Judge Dave Lee Brannon on 9/24/2012. (sa) (Entered: 09/24/2012) | |||
| 2012-09-24 | 18 | 0 | ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 9/24/2012. (sa) (Entered: 09/24/2012) | |||
| 2012-09-24 | 19 | 0 | ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Magistrate Judge Dave Lee Brannon on 9/24/2012. (sa) (Entered: 09/24/2012) | |||
| 2012-09-24 | 20 | 0 | RESPONSE to 16 Court's Order at Scheduling Conference by Catrinia Feliciano. (sa) (Entered: 09/24/2012) | |||
| 2012-09-24 | 21 | 0 | NOTICE by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York re 15 Order, Set/Reset Deadlines/Hearings of Unavailability of In-Person Appearance by Representative (Berwin, Victor) (Entered: 09/24/2012) | |||
| 2012-10-05 | 22 | 0 | NOTICE by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York re 18 Order Referring Case to Mediation of Consent to Settlement Conference with Magistrate Judge (Levine, Eric) (Entered: 10/05/2012) | |||
| 2012-10-16 | 23 | 0 | Defendant's MOTION to Strike Plaintiffs' Jury Demand by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York. Responses due by 11/2/2012 (Attachments: # 1 Exhibit A)(Levine, Eric) (Entered: 10/16/2012) | |||
| 2012-10-22 | 24 | 0 | ORDER SCHEDULING SETTLEMENT CONFERENCE, ( Settlement Conference set for 11/6/2012 at 1:30 PM in West Palm Beach Division before Magistrate Judge Dave Lee Brannon.) Signed by Magistrate Judge Dave Lee Brannon on 10/22/2012. (sa) (Entered: 10/22/2012) | |||
| 2012-10-23 | 25 | 0 | RESPONSE in Opposition Re: 23 Defendant's MOTION to Strike Plaintiffs' Jury Demand filed by Catrinia Feliciano, Robert A Feliciano. (ar2) (Entered: 10/23/2012) | |||
| 2012-10-23 | 26 | 0 | SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline. CWMBS, Inc. served on 8/15/2012, answer due 9/5/2012; Mortgage Electronic Registration Systems, Inc. (MERS), served on 8/10/2012, answer due 8/31/2012; The Bank of New York served on 8/15/2012, answer due 9/5/2012. (ar2) (Entered: 10/24/2012) | |||
| 2012-10-23 | 27 | 0 | ACKNOWLEDGMENT OF SERVICE Executed as to 3 Summons Issued as to CHL Mortgage Pass Through Trust 2005-HYB8. (ar2) (Entered: 10/24/2012) | |||
| 2012-10-31 | 28 | 0 | REPLY MEMORANDUM of Law in Further Support of 23 Defendant's MOTION to Strike Plaintiffs' Jury Demand filed by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York. (Attachments: # 1 Exhibit A)(Levine, Eric) Modified text on 10/31/2012 (asl). (Entered: 10/31/2012) | |||
| 2012-11-06 | 29 | 0 | Minute Entry for proceedings held before Magistrate Judge Dave Lee Brannon: Settlement Conference held on 11/6/2012. Result:IMPASSE (Digital 13:26:50/14:48:22.) (sa) (Entered: 11/06/2012) | |||
| 2012-11-19 | 30 | 0 | NOTICE of Attorney Appearance by Kenneth Eric Trent on behalf of Catrinia Feliciano, Robert A Feliciano (Trent, Kenneth) (Entered: 11/19/2012) | |||
| 2012-11-19 | 31 | 0 | Witness List Defendants' List of Intended Trial Witnesses by Bank Of America, N.A., Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York.. (Berwin, Victor) (Entered: 11/19/2012) | |||
| 2012-12-10 | 32 | 0 | Defendant's MOTION to Compel Initial Disclosures with Incorporated Memorandum of Law by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York. Responses due by 12/27/2012 (Levine, Eric) (Entered: 12/10/2012) | |||
| 2012-12-10 | 33 | 0 | Defendant's MOTION to Compel Responses to Discovery with Incorporated Memorandum of Law by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York. Responses due by 12/27/2012 (Attachments: # 1 Exhibit A)(Levine, Eric) (Entered: 12/10/2012) | |||
| 2012-12-11 | 34 | 0 | NOTICE by Catrinia Feliciano, Robert A Feliciano of Responding to Discovery (Trent, Kenneth) (Entered: 12/11/2012) | |||
| 2012-12-13 | 35 | 0 | WITHDRAWAL of Motion re 33 Defendant's MOTION to Compel Responses to Discovery with Incorporated Memorandum of Law filed by CWMBS, Inc, Bank Of America, N.A., The Bank of New York, Mortgage Electronic Registration Systems, Inc. (MERS),, Countrywide Home Loans Inc., CHL Mortgage Pass Through Trust 2005-HYB8 without prejudice (Levine, Eric) (Entered: 12/13/2012) | |||
| 2012-12-31 | 36 | 0 | Defendant's MOTION for Summary Judgment with Incorporated Memorandum of Law by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York. Responses due by 1/17/2013 (Levine, Eric) (Entered: 12/31/2012) | |||
| 2012-12-31 | 37 | 0 | Statement of: Material Facts pursuant to Local Rule 56.1 by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York re 36 Defendant's MOTION for Summary Judgment with Incorporated Memorandum of Law (Levine, Eric) (Entered: 12/31/2012) | |||
| 2012-12-31 | 38 | 0 | AFFIDAVIT in Support re 36 Defendant's MOTION for Summary Judgment with Incorporated Memorandum of Law of Susan Magaddino filed by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Levine, Eric) (Entered: 12/31/2012) | |||
| 2012-12-31 | 39 | 0 | AFFIDAVIT in Support re 36 Defendant's MOTION for Summary Judgment with Incorporated Memorandum of Law of Eric Levine filed by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Levine, Eric) (Entered: 12/31/2012) | |||
| 2012-12-31 | 40 | 0 | NOTICE by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York re 36 Defendant's MOTION for Summary Judgment with Incorporated Memorandum of Law of Request for Judicial Notice (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Levine, Eric) (Entered: 12/31/2012) | |||
| 2013-01-23 | 41 | 0 | ORDER TO SHOW CAUSE Show Cause Response due by 1/24/2013. Signed by Judge Donald M. Middlebrooks on 1/23/13. (tp) (Entered: 01/23/2013) | |||
| 2013-01-29 | 42 | 0 | Notification of Ninety Days Expiring by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York re 23 Defendant's MOTION to Strike Plaintiffs' Jury Demand filed by CWMBS, Inc, Bank Of America, N.A., The Bank of New York, Mortgage Electronic Registration Systems, Inc. (MERS),, Countrywide Home Loans Inc., CHL Mortgage Pass Through Trust 2005-HYB8, 25 Response in Opposition to Motion filed by Robert A Feliciano, Catrinia Feliciano, 28 Reply to Response to Motion, filed by CWMBS, Inc, Bank Of America, N.A., The Bank of New York, Mortgage Electronic Registration Systems, Inc. (MERS),, Countrywide Home Loans Inc., CHL Mortgage Pass Through Trust 2005-HYB8 (Levine, Eric) (Entered: 01/29/2013) | |||
| 2013-01-30 | 43 | 0 | MOTION to Withdraw as Attorney for Plaintiffs by Kenneth Eric Trent. by Catrinia Feliciano, Robert A Feliciano. Responses due by 2/19/2013 (Trent, Kenneth) (Entered: 01/30/2013) | |||
| 2013-01-30 | 44 | 0 | MOTION to Continue and Motion to Stay or Toll All Deadlines by Catrinia Feliciano, Robert A Feliciano. Responses due by 2/19/2013 (Attachments: # 1 Affidavit of Kenneth Eric Trent)(Trent, Kenneth). Added MOTION to Stay on 1/31/2013 (tp). (Entered: 01/30/2013) | |||
| 2013-01-30 | 45 | 0 | MOTION for Leave to File Response to 41 Show Cause Order Out of Time by Catrinia Feliciano, Robert A Feliciano. (Trent, Kenneth) Modified link on 1/31/2013 (tp). (Entered: 01/30/2013) | |||
| 2013-01-31 | 46 | 0 | Clerks Notice to Filer re 45 MOTION for Leave to File Response to Show Cause Order Out of Time. 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. (tp) (Entered: 01/31/2013) | |||
| 2013-01-31 | 47 | 0 | Clerks Notice of Docket Correction re 46 Clerks Notice of Docket Correction and Instruction to Filer - Attorney,. Correction Please disregard Notice of Correction as it was sent in error (tp) (Entered: 01/31/2013) | |||
| 2013-02-01 | 48 | 0 | ORDER granting 43 Motion to Withdraw as Attorney. Attorney Kenneth Eric Trent terminated ; denying 44 Motion to Continue; granting 45 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge; denying 44 Motion to Stay( Responses to Motion for Summary Judgment due by 2/8/2013) Signed by Judge Donald M. Middlebrooks on 1/31/2013. (tp) (Entered: 02/01/2013) | |||
| 2013-02-04 | 49 | 0 | NOTICE by Catrinia Feliciano, Robert A Feliciano of Serving Omnibus Order on Plaintiffs (Trent, Kenneth) (Entered: 02/04/2013) | |||
| 2013-02-08 | 50 | 0 | RESPONSE to 36 Defendant's MOTION for Summary Judgment filed by Robert A Feliciano. Replies due by 2/19/2013. (tpl) (Entered: 02/08/2013) | |||
| 2013-02-11 | 51 | 0 | NOTICE by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York re 17 Scheduling Order, Set/Reset Deadlines/Hearings,, of Non-Cooperation (Levine, Eric) (Entered: 02/11/2013) | |||
| 2013-02-13 | 52 | 0 | REPLY to Response to Motion re 36 Defendant's MOTION for Summary Judgment with Incorporated Memorandum of Law filed by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York. (Levine, Eric) (Entered: 02/13/2013) | |||
| 2013-02-14 | 53 | 0 | ORDER Requiring Catrina Feliciano to Appear: Plaintiff Catrina Feliciano shall notify the Court of whether she intends to proceed pro se on or before 2/22/2013. Signed by Judge Donald M. Middlebrooks on 2/14/2013. (ls) (Entered: 02/15/2013) | |||
| 2013-02-21 | 54 | 0 | NOTICE of Voluntary Dismissal by Catrinia Feliciano, Robert A Feliciano (tpl) (Entered: 02/21/2013) | |||
| 2013-02-22 | 55 | 0 | Defendant's MOTION to Alter Judgment by Converting it to a Dismissal with Prejudice by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York. Responses due by 3/11/2013 (Levine, Eric) (Entered: 02/22/2013) | |||
| 2013-02-26 | 56 | 0 | *ORDER re 55 Defendant's MOTION to Alter Judgment by Converting it to a Dismissal with Prejudice filed by CWMBS, Inc, Bank Of America, N.A., The Bank of New York, Mortgage Electronic Registration Systems, Inc. (MERS),, Countrywide Home Loans Inc., CHL Mortgage Pass Through Trust 2005-HYB8, 54 Notice of Voluntary Dismissal filed by Robert A Feliciano, Catrinia Feliciano Signed by Judge Donald M. Middlebrooks on 2/25/2013. (sw) (Entered: 02/26/2013) | |||
| 2013-03-01 | 57 | 0 | STIPULATION of Dismissal With Prejudice by Bank Of America, N.A., CHL Mortgage Pass Through Trust 2005-HYB8, CWMBS, Inc, Countrywide Home Loans Inc., Catrinia Feliciano, Robert A Feliciano, Mortgage Electronic Registration Systems, Inc. (MERS),, The Bank of New York (Berwin, Victor) (Entered: 03/01/2013) | |||
| 2013-03-05 | 58 | 0 | ORDER ACCEPTING THE PARTIES' JOINT STIPULATION OF DISMISSAL WITH PREJUDICE. This case is closed. Signed by Judge Donald M. Middlebrooks on 3/4/13. (tp) (Entered: 03/05/2013) |