Cuevas v. Ditech Financial LLC et al

Federal Civil Lawsuit Florida Southern District Court, Case No. 1:16-cv-25089
Magistrate Judge Jonathan Goodman, presiding
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Magistrate Judge Jonathan Goodman
Last Updated July 28, 2025 at 8:11 PM EDT (1 year ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [AB7234E], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jeffrey N. Golant +1 954 942 5270 +1 954 942 5272 Jgolant@aol.com

Represented by srmxlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Sean X. Foo +1 954 482 1660 +1 954 942 5272 Sean@srmxlaw.com
v.
No Logo American Security Insurance Company, Defendant

Represented by Drinker Biddle & Reath LLP

Name Phone Fax E-Mail
Space Franklin G. Burt Frank.Burt@dbr.com

Represented by King & Spalding LLP

Name Phone Fax E-Mail
Space Landon King Clayman +1 305 347 6806 +1 305 530 0055 lclayman@cfjblaw.com
Space Farrokh Jhabvala +1 305 347 6845 +1 305 530 0055 fjhabvala@cfjblaw.com
No Logo Ditech Financial LLC, Defendant

Represented by Reed Smith LLP

Name Phone Fax E-Mail
Space BRANDON TEDDY WHITE +1 786 747 0200 +1 786 747 0299 brandon.white@hklaw.com
Attributes
Nature of Suit 380 - Personal Property: Other Personal Property Damage
Cause Section 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
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Blank  Filed: 5/8/2017, Entered: 5/8/2017
Civil Case Terminated and Closing Case, see 51 . (jf00) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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Legal Document (Payment Possibly Required) 51 Filed: 4/14/2017, Entered: 4/14/2017 Court Filing
ORDER of Dismissal with Prejudice. The Clerk of the Court is directed to CLOSE the case and DENY any pending motions as MOOT. Signed by Magistrate Judge Jonathan Goodman on 4/14/2017. (jf00)
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Legal Document (Payment Possibly Required) 50 Filed: 4/14/2017, Entered: 4/14/2017
STIPULATION of Dismissal With Prejudice by AB7234E (Foo, Sean)
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Legal Document (Payment Possibly Required) 49 Filed: 3/31/2017, Entered: 3/31/2017
Report of Mediator by W. Jay Hunston, Jr. Esq..(rms1)
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Blank  Filed: 3/30/2017, Entered: 3/30/2017
Set/Reset Deadlines/Hearings as per DE 48 : Miscellaneous (notice of voluntary dismissal) Deadline 4/19/2017. (lk)
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Blank 48 Filed: 3/29/2017, Entered: 3/29/2017 Court Filing
ENDORSED ORDER cancelling the final pre-trial conference and jury trial in light of the parties' notice of settlement 47 . The parties have until Wednesday, April 19, 2017 to file the notice of voluntary dismissal. Signed by Magistrate Judge Jonathan Goodman on 3/29/2017. (jf00)
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Legal Document (Payment Possibly Required) 47 Filed: 3/29/2017, Entered: 3/29/2017
NOTICE of Settlement by AB7234E (Golant, Jeffrey)
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Blank  Filed: 3/15/2017, Entered: 3/15/2017
Set/Reset Deadlines/Hearings as per DE 46 re 36 Defendant's MOTION to Strike 28 Amended Complaint, 1 Complaint, , 37 Defendant's MOTION to Dismiss with Prejudice 28 Amended Complaint, With Supporting Memorandum of Law. Responses due by 3/31/2017 (lk)
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Blank 46 Filed: 3/14/2017, Entered: 3/14/2017 Court Filing
ENDORSED ORDER granting in part and denying in part 45 Plaintiff's Motion for Extension of Time to File Responses to Defendant American Security Insurance Company's Motion to Strike and Motion to Dismiss the Amended Complaint. Plaintiff has until March 31, 2017 to file the Responses. No further extensions will be provided absent compelling circumstances bordering on a genuine emergency. Signed by Magistrate Judge Jonathan Goodman on 3/14/2017. (jf00)
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Legal Document (Payment Possibly Required) 45 Filed: 3/13/2017, Entered: 3/13/2017
Renewed MOTION for Extension of Time to File Response/Reply/Answer as to 37 Defendant's MOTION to Dismiss with Prejudice 28 Amended Complaint, With Supporting Memorandum of Law, 36 Defendant's MOTION to Strike 28 Amended Complaint, 1 Complaint, by AB7234E. (Attachments: # 1 Text of Proposed Order)(Foo, Sean)
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Blank 44 Filed: 3/13/2017, Entered: 3/13/2017 Court Filing
ENDORSED ORDER denying without prejudice 43 Plaintiff's Motion for Extension of Time to Respond to Defendant American Security Insurance Company's Motion to Strike and Motion to Dismiss. Plaintiff may file a renewed motion but the renewed motion must specify when the mediation is scheduled. Signed by Magistrate Judge Jonathan Goodman on 3/13/2017. (jf00)
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Legal Document (Payment Possibly Required) 43 Filed: 3/13/2017, Entered: 3/13/2017
Second MOTION for Extension of Time to File Response/Reply/Answer as to 37 Defendant's MOTION to Dismiss with Prejudice 28 Amended Complaint, With Supporting Memorandum of Law, 36 Defendant's MOTION to Strike 28 Amended Complaint, 1 Complaint, by AB7234E. (Attachments: # 1 Text of Proposed Order)(Foo, Sean)
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Blank  Filed: 3/7/2017, Entered: 3/7/2017
Set/Reset Answer Due Deadline as per DE 42 : Ditech Financial LLC response due 4/6/2017. (lk)
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Blank 42 Filed: 3/6/2017, Entered: 3/6/2017 Court Filing
ENDORSED ORDER granting 41 Defendant Ditech Financial, LLC's Unopposed Motion for Extension of Time to respond to Plaintiff's Amended Complaint. Ditech Financial, LLC must file a response by April 6, 2017. Signed by Magistrate Judge Jonathan Goodman on 3/6/2017. (jf00)
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Legal Document (Payment Possibly Required) 41 Filed: 3/6/2017, Entered: 3/6/2017
Agreed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by Ditech Financial LLC. (White, Brandon)
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Blank  Filed: 3/6/2017, Entered: 3/6/2017
Set/Reset Deadlines/Hearings as per DE 40 : Mediation Hearing set for 3/27/2017 10:30 AM (lk)
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Legal Document (Payment Possibly Required) 40 Filed: 3/3/2017, Entered: 3/3/2017
NOTICE of Mediator Selection and Hearing. Added American Security Insurance Company, W. Jay Hunston, Jr.. Mediation Hearing set for 3/27/2017 at 10:30 a.m.. (Jhabvala, Farrokh)
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Blank  Filed: 3/1/2017, Entered: 3/1/2017
Set/Reset Deadlines as to 36 Defendant's MOTION to Strike 28 Amended Complaint, 1 Complaint, , 37 Defendant's MOTION to Dismiss with Prejudice 28 Amended Complaint, With Supporting Memorandum of Law. Responses due by 3/14/2017. SEE DE 39 ORDER (ail)
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Blank 39 Filed: 2/28/2017, Entered: 2/28/2017 Court Filing
ENDORSED ORDER granting 38 Plaintiff's Motion for Extension of Time to File Responses to Defendant American Security Insurance Company's Motion to Strike and Motion to Dismiss the Amended Complaint. Plaintiff has until March 14, 2017 to file the Responses. Signed by Magistrate Judge Jonathan Goodman on 2/28/2017. (jf00)
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Legal Document (Payment Possibly Required) 38 Filed: 2/28/2017, Entered: 2/28/2017
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 37 Defendant's MOTION to Dismiss with Prejudice 28 Amended Complaint, With Supporting Memorandum of Law, 36 Defendant's MOTION to Strike 28 Amended Complaint, 1 Complaint, by AB7234E. (Golant, Jeffrey)
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Legal Document (Payment Possibly Required) 37 Filed: 2/16/2017, Entered: 2/16/2017
Defendant's MOTION to Dismiss with Prejudice 28 Amended Complaint, With Supporting Memorandum of Law by American Security Insurance Company. Responses due by 3/2/2017 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burt, Franklin)
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Legal Document (Payment Possibly Required) 36 Filed: 2/16/2017, Entered: 2/16/2017
Defendant's MOTION to Strike 28 Amended Complaint, 1 Complaint, by American Security Insurance Company. Responses due by 3/2/2017 (Burt, Franklin)
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Blank  Filed: 2/15/2017, Entered: 2/15/2017
Set/Reset Answer Due Deadline as per DE 35 : Ditech Financial LLC response due 3/7/2017. (lk)
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Blank 35 Filed: 2/14/2017, Entered: 2/14/2017 Court Filing
ENDORSED ORDER granting 34 Defendant Ditech Financial, LLC's Unopposed Motion for Extension of Time to respond to Plaintiff's Amended Complaint. Ditech Financial, LLC must file a response by March 7, 2017. Signed by Magistrate Judge Jonathan Goodman on 2/14/2017. (jf00)
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Legal Document (Payment Possibly Required) 34 Filed: 2/14/2017, Entered: 2/14/2017
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by Ditech Financial LLC. (Attachments: # 1 Text of Proposed Order on Ditech's 3rd Unopposed Motion for Extension)(White, Brandon)
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Blank 33 Filed: 2/10/2017, Entered: 2/10/2017 Court Filing
ENDORSED ORDER granting 32 Defendant's Motion for Leave to File Excess Pages for Its Motion to Dismiss the Amended Complaint. Signed by Magistrate Judge Jonathan Goodman on 2/10/2017. (jf00)
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Legal Document (Payment Possibly Required) 32 Filed: 2/10/2017, Entered: 2/10/2017
Defendant's MOTION for Leave to File Excess Pages for Its Motion to Dismiss Amended Complaint by American Security Insurance Company. (Attachments: # 1 Text of Proposed Order)(Jhabvala, Farrokh)
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Blank 31 Filed: 2/3/2017, Entered: 2/3/2017 Court Filing
ENDORSED ORDER denying as moot 25 Defendant's Motion to Strike based on 28 Plaintiff's First Amended Complaint. Signed by Magistrate Judge Jonathan Goodman on 2/3/2017. (jf00)
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Blank 30 Filed: 2/3/2017, Entered: 2/3/2017 Court Filing
ENDORSED ORDER denying as moot 24 Defendant's Motion to Dismiss based on 28 Plaintiff's First Amended Complaint. Signed by Magistrate Judge Jonathan Goodman on 2/3/2017. (jf00)
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Legal Document (Payment Possibly Required) 29 Filed: 2/2/2017, Entered: 2/2/2017
RESPONSE in Opposition re 24 Defendant's MOTION to Dismiss with Prejudice 1 Complaint, with Supporting Memorandum of Law, 25 Defendant's MOTION to Strike 1 Complaint, filed by AB7234E. Replies due by 2/9/2017. (Golant, Jeffrey)
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Legal Document (Payment Possibly Required) 28 Filed: 2/2/2017, Entered: 2/2/2017
First AMENDED COMPLAINT against All Defendants, filed by AB7234E. (Attachments: # 1 Exhibit "A" December 22nd 2016 Ditech Correspondence, # 2 Exhibit "B" Fannie Mae Servicing Guide Announcement)(Golant, Jeffrey)
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Blank  Filed: 1/23/2017, Entered: 1/23/2017
Set/Reset Answer Due Deadline as per DE 27 : Ditech Financial LLC response due 2/28/2017. (lk)
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Blank 27 Filed: 1/22/2017, Entered: 1/22/2017 Court Filing
ENDORSED ORDER granting 26 Defendant Ditech Financial, LLC's Unopposed Motion for Extension of Time to respond to Plaintiff's Complaint. Ditech Financial, LLC must file a response by February 28, 2017. Signed by Magistrate Judge Jonathan Goodman on 1/22/2017. (jf00)
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Legal Document (Payment Possibly Required) 26 Filed: 1/20/2017, Entered: 1/20/2017
Second MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, (Agreed) by Ditech Financial LLC. (Attachments: # 1 Text of Proposed Order on 2nd Motion for Extension)(White, Brandon)
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Legal Document (Payment Possibly Required) 25 Filed: 1/19/2017, Entered: 1/19/2017
Defendant's MOTION to Strike 1 Complaint, by American Security Insurance Company. Responses due by 2/2/2017 (Burt, Franklin)
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Legal Document (Payment Possibly Required) 24 Filed: 1/19/2017, Entered: 1/19/2017
Defendant's MOTION to Dismiss with Prejudice 1 Complaint, with Supporting Memorandum of Law by American Security Insurance Company. Responses due by 2/2/2017 (Attachments: # 1 Exhibit A (Circeo-Loudon Final Order [DE 159]), # 2 Exhibit B (Declaration of Settlement Administrator - Redacted), # 3 Exhibit C (Declaration of Ruta Andris - Redacted), # 4 Exhibit D (Declaration of Rebecca H. Voyles))(Burt, Franklin)
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Legal Document (Payment Possibly Required) 23 Filed: 1/19/2017, Entered: 1/19/2017
Certificate of Interested Parties/Corporate Disclosure Statement by Ditech Financial LLC identifying Corporate Parent Walter Investment Management Corp., Other Affiliate Baker Street Capital Management LLC, Other Affiliate Birch Run Capital Advisors, LP, Other Affiliate NewSouth Capital Management Inc. for Ditech Financial LLC (White, Brandon)
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Legal Document (Payment Possibly Required) 22 Filed: 1/18/2017, Entered: 1/18/2017 Court Filing
ORDER Specially setting Civil Jury Trial and Pretrial Schedule and Requiring Mediation. The three day Jury Trial is set for 4/9/2018 at 9:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The Final Pretrial Conference is set for 4/2/2018 at 9:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 1/18/2017. (jf00)
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Blank 21 Filed: 1/17/2017, Entered: 1/17/2017 Court Filing
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Trial Scheduling Conference held on 1/17/2017. Trial set to begin on April 9, 2018. A written Trial Scheduling Order will be formally issued. (Digital 14:47:29) (mso)
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Blank 20 Filed: 1/9/2017, Entered: 1/9/2017 Court Filing
ENDORSED ORDER setting a Telephonic Scheduling Conference for 1/17/17 at 2:45 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall abide by the following call-in procedure: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular telephone use is permitted. All counsel shall have their calendars available so that the Court can pinpoint a special set trial date workable to all counsel and the Court. Signed by Magistrate Judge Jonathan Goodman on 1/9/2017. (jf00)
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Legal Document (Payment Possibly Required) 19 Filed: 1/6/2017, Entered: 1/9/2017 Court Filing
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Trial. Judge Jose E. Martinez no longer assigned as presider judge(s) in case Signed by Judge Jose E. Martinez on 1/6/2017. (lan)
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Legal Document (Payment Possibly Required) 18 Filed: 1/6/2017, Entered: 1/6/2017 Court Filing
Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by AB7234E (Foo, Sean)
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Blank  Filed: 1/6/2017, Entered: 1/6/2017
Set/Reset Answer Due Deadline as per DE 17 : Ditech Financial LLC response due 1/26/2017. (lk)
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Blank 17 Filed: 1/5/2017, Entered: 1/5/2017 Court Filing
PAPERLESS ORDER granting 16 Motion for Extension of Time. Defendant Ditech Financial LLC shall respond to Plaintiff's Complaint on or before January 26, 2017. This order shall affect no other deadlines in this action. Signed by Judge Jose E. Martinez on 1/5/2017. (rkn)
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Legal Document (Payment Possibly Required) 16 Filed: 1/5/2017, Entered: 1/5/2017
Agreed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by Ditech Financial LLC. (White, Brandon)
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Legal Document (Payment Possibly Required) 15 Filed: 1/4/2017, Entered: 1/4/2017
NOTICE of Striking 13 Plaintiff's MOTION for Clerks Entry of Default as to Ditech Financial LLC filed by AB7234E by AB7234E (Foo, Sean)
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Legal Document (Payment Possibly Required) 14 Filed: 1/4/2017, Entered: 1/4/2017
NOTICE of Attorney Appearance by Brandon T. White on behalf of Ditech Financial LLC. Attorney Brandon T. White added to party Ditech Financial LLC(pty:dft). (White, Brandon)
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Legal Document (Payment Possibly Required) 13 Filed: 1/4/2017, Entered: 1/4/2017
Plaintiff's MOTION for Clerks Entry of Default as to Ditech Financial LLC by AB7234E. (Foo, Sean)
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Legal Document (Payment Possibly Required) 12 Filed: 1/3/2017, Entered: 1/3/2017
SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by AB7234E. Ditech Financial LLC served on 12/9/2016, answer due 12/30/2016. (Foo, Sean)
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Legal Document (Payment Possibly Required) 11 Filed: 1/3/2017, Entered: 1/3/2017
Certificate of Interested Parties/Corporate Disclosure Statement by American Security Insurance Company (Burt, Franklin)
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Legal Document (Payment Possibly Required) 10 Filed: 12/20/2016, Entered: 12/20/2016
NOTICE of Attorney Appearance by Landon King Clayman on behalf of American Security Insurance Company. Attorney Landon King Clayman added to party American Security Insurance Company(pty:dft). (Clayman, Landon)
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Blank  Filed: 12/20/2016, Entered: 12/20/2016
Set/Reset Answer Due Deadline as per DE 9 : American Security Insurance Company response due 1/19/2017. (lk)
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Blank 9 Filed: 12/19/2016, Entered: 12/19/2016 Court Filing
PAPERLESS ORDER granting 8 Motion for Extension of Time. Defendant American Security Insurance Company shall respond to the Complaint on or before January 19, 2017. This order shall affect no other deadlines in this action. Signed by Judge Jose E. Martinez on 12/19/2016. (rkn)
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Legal Document (Payment Possibly Required) 8 Filed: 12/19/2016, Entered: 12/19/2016
Unopposed MOTION for Extension of Time to File Response/Reply/Answer to the Complaint re 1 Complaint, by American Security Insurance Company. Responses due by 1/3/2017 (Attachments: # 1 Text of Proposed Order)(Jhabvala, Farrokh)
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Legal Document (Payment Possibly Required) 7 Filed: 12/19/2016, Entered: 12/19/2016
NOTICE of Attorney Appearance by Farrokh Jhabvala on behalf of American Security Insurance Company. Attorney Farrokh Jhabvala added to party American Security Insurance Company(pty:dft). (Jhabvala, Farrokh)
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Legal Document (Payment Possibly Required) 6 Filed: 12/19/2016, Entered: 12/19/2016
NOTICE of Attorney Appearance by Franklin G. Burt on behalf of American Security Insurance Company. Attorney Franklin G. Burt added to party American Security Insurance Company(pty:dft). (Burt, Franklin)
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Legal Document (Payment Possibly Required) 5 Filed: 12/9/2016, Entered: 12/9/2016 Court Filing
Order Requiring Joint Scheduling Report. Signed by Judge Jose E. Martinez on 12/9/2016. (dq)
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Legal Document (Payment Possibly Required) 4 Filed: 12/8/2016, Entered: 12/8/2016
Summons Issued as to American Security Insurance Company, Ditech Financial LLC. (rms1)
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Legal Document (Payment Possibly Required) 3 Filed: 12/7/2016, Entered: 12/8/2016 Court Filing
Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (rms1)
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Blank 2 Filed: 12/7/2016, Entered: 12/8/2016 Court Filing
Judge Assignment to Judge Jose E. Martinez (rms1)
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Legal Document (Payment Possibly Required) 1 Filed: 12/7/2016, Entered: 12/7/2016
COMPLAINT for Damages and Declaratory Relief against American Security Insurance Company, Ditech Financial LLC. Filing fees $ 400.00 receipt number 113C-9311501, filed by AB7234E. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summon(s) Ditech Financial LLC, # 5 Summon(s) American Security Insurance Company)(Foo, Sean)
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