U.S. Bank National Association v. Krondes
U.S. Bank National Association v. Krondes
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
------------------------------x : US BANK TRUST, N.A. : Case No. 3:21CV01578(SALM) : v. : : JOHN KRONDES, KAREN A. : KRONDES, et al. : November 30, 2021 : ------------------------------x
ORDER REMANDING MATTER TO STATE COURT
Self-represented party John Krondes has filed a Notice of Removal, attempting to remove this matter to the District of Connecticut. See Doc. #1. For the reasons set forth below, this matter is hereby REMANDED to the Circuit Court of the 19th Judicial Circuit, in St. Lucie County, Florida. I. BACKGROUND On November 29, 2021, John Krondes filed a document in this Court entitled “Notice of Removal.” Doc. #1. The document purports to remove the captioned matter from a state court in Florida. Krondes provided a case number, 2017CA001117, and a copy of the docket sheet for the Florida case with the Notice, see Doc. #1, but did not provide a “copy of all process, pleadings, and orders served upon such defendant or defendants in such action[,]” as required by 28 U.S.C §1446(a). For the purposes of this Order, the Court takes judicial notice of the docket in the Florida case, which the Court has accessed at https://stlucieclerk.com/public-search-gen/search-court-cases. See Kramer v. Time Warner Inc.,
937 F.2d 767, 774(2d Cir. 1991) (“[C]ourts routinely take judicial notice of documents filed in
other courts, ... not for the truth of the matters asserted in the other litigation, but rather to establish the fact of such litigation and related filings.”). The Court is unable, however, to view the actual docketed items in that matter, and its review is limited to the docket entries themselves. A copy of the docket as accessed by the Court is attached as Exhibit A. Krondes contends that he has not supplied the required materials with his Notice because “the true Complaint or Summons have not been served upon him ... and are thus not able to be provided at this time with the filing of this removal.” Doc. #1 at 14. However, the Florida docket reflects that Krondes filed a Notice of Appearance in that matter on February 26, 2018, see
Exhibit A, Entry 48, and that he has filed a number of documents in the Florida case. See
id.,Entries 51, 75, 84, 150, 179, 196. A review of the Florida docket does not reveal that any Notice of Removal has been filed in the Florida Case regarding removal to this Court on November 29, 2021. See Exhibit A. The docket does reflect that a Final Judgment of Foreclosure entered on August 3, 2021, and a Foreclosure Sale has been set for December 1, 2021. See
id.,Entries 337, 339. Krondes has previously attempted to remove this matter to federal court at least three times. On September 25, 2020, the United States District Court for the Southern District of
Florida issued an Order remanding the case to state court. See U.S. Bank, N.A. v. John Krondes and Karen A. Krondes, et al., 2:20CV14239(DMM) (S.D. Fla. Sept. 25, 2020), Doc. #20. Judge Middlebrooks recited, in that remand order, the history of improper removal attempts, and the lack of federal jurisdiction. A copy of that order was provided to Krondes when it was issued, and the undersigned presumes that he is aware of its findings. II. APPLICABLE LAW Under federal law, a state court defendant may remove to federal court “any civil action brought in a State court of which the district courts of the United States have original jurisdiction[.]”
28 U.S.C. §1441(a). A case may only be removed
“to the district court of the United States for the district and division embracing the place where such action is pending.” Id.1 “[T]he burden of establishing that removal is proper[]” falls on the party seeking removal. United Food & Comm. Workers Union, Local 919, AFL-CIO v. CenterMark Props. Meriden Square, Inc.,
30 F.3d 298, 301(2d Cir. 1994). “[F]ederal courts construe the removal statute narrowly, resolving any doubts
1 Even if removal to the Southern District of Florida were proper, removal to the District of Connecticut is not. against removability.” Purdue Pharma L.P. v. Kentucky,
704 F.3d 208, 213(2d Cir. 2013) (citations and quotation marks omitted). In all matters, whether removed or not, federal courts
“have an independent obligation to determine whether subject- matter jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh v. Y&H Corp.,
546 U.S. 500, 514(2006). “If the court determines at any time it lacks subject-matter jurisdiction, the court must dismiss the action.” Fed. R. Civ. P. 12(h)(3) (emphasis added). III. DISCUSSION – SUBJECT MATTER JURISDICTION This Court lacks subject matter jurisdiction. The claims in the underlying case “sound[] squarely and solely in foreclosure, a quintessential state cause of action.” Bank of New York v. Consiglio, No. 3:17CV01408(CSH),
2017 WL 4948069, at *3 (D. Conn. Nov. 1, 2017). Federal courts generally
abstain from exercising jurisdiction over foreclosure matters. See Muong v. Fed. Nat’l Mortg. Ass’n, No. 1:13CV06564(KAM),
2013 WL 6667374, at *2 (E.D.N.Y. Dec. 16, 2013) (“[I]t is well settled that judgments of foreclosure ... are fundamentally matters of state law.” (collecting authorities)). “The Court does not have jurisdiction to entertain a challenge to a state court judgment of foreclosure, however creatively cloaked.” Woermer v. Hirsh, No. 3:18CV01898(KAD),
2018 WL 7572237, at *3 (D. Conn. Dec. 11, 2018). In addition, Krondes clearly seeks, by this filing, to attack the state court’s judgment of foreclosure. Krondes complains that the Florida court “unfairly and injuriously
forced” him “to appear at a Court Trial on August 3, 2021[.]” Doc. #1 at 3. Indeed, he alleges that he was “coerced under pressure into a consent judgment” and demands that the state court “judgment must be vacated by the powers of this court[.]”
Id. at 5. Plaintiff expressly asks this Court to vacate the judgment of the Florida court. This, the Court cannot do. “[N]o court of the United States other than [the Supreme Court] could entertain a proceeding to reverse or modify” a state court judgment. Rooker v. Fid. Tr. Co.,
263 U.S. 413, 416(1923). “To do so would be an exercise of appellate jurisdiction. The jurisdiction possessed by the District Courts is strictly original.”
Id.This
Court is therefore precluded from reviewing and rejecting the judgment of the Florida court. See Gonzalez v. Deutsche Bank Nat. Tr. Co.,
632 F. App’x 32, 33-34(2d Cir. 2016). For all of these reasons, this Court lacks subject matter jurisdiction. IV. DISCUSSION – TIMELINESS Even if the Court had subject matter jurisdiction to hear this matter, the removal is untimely. “The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant ... of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based[.]”
28 U.S.C. §1446(b)(1). “A case
may not be removed under [§1446](b)(3) on the basis of jurisdiction conferred by section 1332 more than 1 year after commencement of the action[.]”
28 U.S.C. §1446(c)(1). The Florida case was filed on June 29, 2017. See Exhibit A, Entry 5. No legitimate basis for the attempted removal four years later has been offered. Krondes has been previously warned that his efforts at removal were untimely. See, e.g., U.S. Bank, N.A. v. John Krondes and Karen A. Krondes, et al., 2:18CV14390(DMM) (S.D. Fla. Nov. 2, 2019), Doc. #25 at 2-5. It is apparent that this latest attempted removal is nothing more than delay tactic. Over a year ago, the Southern District of Florida imposed sanctions on Krondes for the third
attempted removal, finding that Krondes “lacked an objectively reasonable basis for seeking removal.” U.S. Bank, N.A. v. John Krondes and Karen A. Krondes, et al., 2:20CV14239(DMM) (S.D. Fla. Sept. 25, 2020), Doc. #20 at 7. The Court held: Prior to filing the instant Notice of Removal, this Court had not once, but twice, remanded the state court foreclosure matter on the basis of the untimeliness of the Notices of Removal and this Court’s lack of subject matter jurisdiction over the claims in the state court complaint. (DE 25 at 2-7 in the 2018 Middlebrooks case, DE 7 in the Rosenberg case). Notwithstanding these rulings, Defendants persisted in filing yet a third Notice of Removal containing the same jurisdictional deficiencies as the first two. I find it objectively unreasonable that Defendants successively sought removal of this action in contravention of the two prior remand orders when no changed circumstances could have given them any cause to believe that the result would be different this time.
Id.Krondes is cautioned that he may not attempt to evade the judgments of the Florida state court, and the United States District Court for the Southern District of Florida, by bringing spurious claims in the District of Connecticut. V. CONCLUSION For the foregoing reasons, this case is REMANDED to the Circuit Court of the 19th Judicial Circuit, in St. Lucie County, Florida. Krondes has now been repeatedly advised, at least four times, that this action is not properly removable to District Court. If Krondes attempts to remove this action to federal court again, without a valid basis, and in violation of the requirements of the removal statute, sanctions may be imposed. Such sanctions may include monetary penalties, or imposition of an anti-filing injunction barring Krondes from bringing further actions in this Court. Krondes is advised to review Rule 11 of the Federal Rules of Civil Procedure carefully. That Rule permits a court to impose sanctions on a party who, among other things, makes a filing for any improper purpose, such as delay, or makes claims or arguments that the party knows are not supported by law. See Fed. R. Civ. P. 11(b), (c). The Clerk of Court is directed to remand this matter to the
Florida court immediately, the provisions of Local Rule 83.7 notwithstanding. The Court will not permit this delay tactic to impede the scheduled foreclosure sale date of December 1, 2021. The Clerk shall mail a copy of this Order to Krondes at his address of record. It is so ordered at New Haven, Connecticut, this 30th day of November, 2021. /s/ HON. SARAH A. L. MERRIAM UNITED STATES DISTRICT JUDGE EXHIBIT A Case 3:21-cv-01578-SALM Document 6 Filed 11/30/21 Page 10 of 21 2017CA001117 - U S BANK NATIONAL ASSOCIATION TR vs. KRONDES, JOHN SUMMARY Judge: METZGER, ELIZABETH A Court Type: Circuit Civil Case Type: NONHOMESTD MF $250,000-MORE Case Number: 2017CA001117 Uniform Case Number: 562017CA001117AXXXHC Status: CLOSED Clerk File Date: 6/30/2017 Status Date: 11/16/2021 Waive Speedy Trial: Total Fees Due: 0.00 Custody Location: Agency: Agency Report Number: Foreclosure: RECLOSED - 11/16/2021 PARTIES TYPE PARTY NAME ATTORNEY PLAINTIFF U S BANK NATIONAL ASSOCIATION TR DEFENDANT KRONDES, JOHN DEFENDANT KRONDES, KAREN A DEFENDANT PRINCESS CONDOMINIUM ASSOCIATION OF HUTCHINSON DEFENDANT UNK TENANTS OWNERS 1 DEFENDANT UNK TENANTS OWNERS 2 DEFENDANT UNK TENANTS OWNERS 3 EVENTS DATE EVENT JUDGE LOCATION RESULT 12/1/2021 8:00 AM FORECLOSURE SALE LISTING FORECLOSURE SALE stlucie.clerkauction.com 8/3/2021 10:00 AM NON-JURY TRIAL METZGER, ELIZABETH A Courtroom 3E - HC DISPOSED BY NON-JURY TRIAL 8/2/2021 9:00 AM HEARING METZGER, ELIZABETH A Video-Telephone-Remote 7/21/2021 9:00 AM HEARING METZGER, ELIZABETH A Video-Telephone-Remote CANCELLED 7/20/2021 9:00 AM HEARING METZGER, ELIZABETH A Courtroom 3E - HC CANCELLED 7/1/2021 1:30 PM HEARING METZGER, ELIZABETH A Courtroom 3E - HC CASE HEARD 4/22/2021 10:00 AM NON-JURY TRIAL METZGER, ELIZABETH A Courtroom 3E - HC CONTINUED 3/18/2021 9:30 AM CASE MANAGEMENT CONFERENCE METZGER, ELIZABETH A Courtroom 3E - HC CASE HEARD 3/11/2021 2:00 PM HEARING METZGER, ELIZABETH A Courtroom 3E - HC CASE HEARD 2/10/2021 9:00 AM HEARING METZGER, ELIZABETH A Courtroom 3E - HC 1/13/2021 11:00 AM CASE MANAGEMENT CONFERENCE METZGER, ELIZABETH A Courtroom 3E - HC CASE HEARD 10/20/2020 10:00 AM CASE MANAGEMENT CONFERENCE METZGER, ELIZABETH A Courtroom 3E - HC CASE HEARD 7/15/2020 10:00 AM CASE MANAGEMENT CONFERENCE METZGER, ELIZABETH A Courtroom 3E - HC CASE HEARD 1 of 12 11/29/2021, 4:24 PM PM HEARING METZGER, ELIZABETH A Courtroom 3E - HC 10:00 AM CASE MANAGEMENT CONFERENCE METZGER, ELIZABETH A Courtroom 3E - HC CASE HEARD 1:30 PM NON-JURY TRIAL METZGER, ELIZABETH A Courtroom 3E - HC CASE HEARD 19 2:15 PM HEARING METZGER, ELIZABETH A Courtroom 3E - HC CASE HEARD 19 9:00 AM HEARING METZGER, ELIZABETH A Courtroom 3E - HC
DOCKETS DIN | DATE ENTRY 353 REPLY (V) 352. 11/16/2021 CERTIFICATE OF SERVICE ( V ) REOPENED CASE CLOSED 347) 11/16/2021 ORDER DENYING MOTION TO CANCEL AND RESCHEDULE SALE ( V ) 351. 11/16/2021 PAYMENT $50.00 RECEIPT #2021000088695 RECEIVED FOR FILING NUMBER 138566237 VIA FILINGPAYMENTS20211116235959. TXT. 346 11/15/2021 CASE REOPENED FOR RESCHEDULE SALE 345 11/15/2021 MOTION TO CANCEL AND RESCHEDULE ( V ) 344 11/11/2021 NOTICE OF CONCLUSION OF REPRESENTATION ( V ) 343 10/28/2021 CERTIFICATE OF TITLE - PROPOSED ( V ) 341. 9/24/2021 PROOF OF PUBLICATION ( V ) 340 9/10/2021 NOTICE OF SALE ( V ) 338 9/2/2021 Attorney JENNIFER MOUSER SCOTT - Deactivated by Automated Process 338 9/2/2021 Attorney MICHELLE POLOM - Deactivated by Automated Process 338 9/2/2021 Attorney MICHELLE POLOM - Deactivated by Automated Process 338 9/2/2021 Attorney MICHAEL DERMODY - Deactivated by Automated Process 338 9/2/2021 Attorney MICHAEL DERMODY - Deactivated by Automated Process 342 8/3/2021 FINAL JUDGMENT OF FORECLOSURE - Recorded (Other.4658.2442 / 4903215) (V ) 339 8/3/2021 FORECLOSURE SALE LISTING SET FOR 12/01/2021 AT 8:00 AMIN ONLINE/ , : FORECLOSURE SALE 338 8/3/2021 REOPENED CASE CLOSED 337 8/3/2021 FINAL JUDGMENT OF FORECLOSURE ( V ) 336 8/3/2021 FINAL DISPOSITION FORM ( V ) 335 8/3/2021 CIVIL NON-JURY TRIAL FORM 334 8/2/2021 WITNESS AND EXHIBIT LIST AMENDED - DEFENDANT ( V ) 333 8/2/2021 ORDER GRANTING MOTION TO DISMISS COUNT II ( V ) 332 8/1/2021 RESPONSE TO MOTION & OBJECTION (V ) 331. 7/29/2021 REPLY & OBJECTION TO REQ FOR JUDICIAL NOTICE ( V ) 11/29/2072
329 MEDIATION REPORT ( V ) 328 7/20/2021 NOTICE OF WITHDRAWAL OF MTN TO APPEAR BY ZOOM AT NJT (V ) 327 NOTICE OF HEARING ( V ) 326 7/20/2021 MOTION TO APPEAR TELEPHONICALLY -- ZOOM 325 7/20/2021 NOTICE OF HEARING AMENDED ( V ) 324 7/20/2021 MOTION TO APPEAR TELEPHONICALLY BY ZOOM ( V ) 323 7/19/2021 NOTICE OF MEDIATION - AMENDED ( V ) 322. 7/19/2021 NOTICE OF CANCELLATION HEARING ( V ) 321 7/19/2021 HEARING SET FOR 08/02/2021 AT 9:00 AMIN VTR/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 319 7/16/2021 NOTICE OF HEARING - AMENDED ( V ) NOTICE OF HEARING ( V ) 316 7/13/2021 NOTICE OF MEDIATION ( V ) 314 7/13/2021 NOTICE OF HEARING ( V ) 313 MOTION TO WITHDRAW ( V ) MOTION TO DISMISS ( V ) COUNT II 311 7/12/2021 ORDER DENYING MSJ AND GRANTING MEDIATION ( V ) CORRESPONDENCE ( V ) REQUEST FOR JUDICIAL NOTICE ( V ) 308 7/1/2021 COURT NOTES 307 6/30/2021 MOTION FOR CONTINUANCE OF HEARING ( V ) 306 6/30/2021 NOTICE OF APPEARANCE ( V ) 305 6/17/2021 CERTIFICATE OF TITLE - PROPOSED ( V ) 304 6/17/2021 FINAL DISPOSITION FORM ( V ) 303 6/17/2021 NOTICE OF HEARING - AMENDED ( V ) 302 5/18/2021 HEARING SET FOR 07/01/2021 AT 1:30 PMIN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 301 5/17/2021 NOTICE OF HEARING 300 5/10/2021 MOTION FOR SUMMARY JUDGMENT - AMENDED 299 5/10/2021 AFFIDAVIT OF INDEBTEDNESS/AMOUNT DUE 298 4/13/2021 WITNESS AND EXHIBIT LIST - AMENDED- 297 3/22/2021 CERTIFICATE OF SERVICE ( V ) 296 3/18/2021 NOTICE CONCERNING ABSENSE FROM CASE MANAGEMENT ( V ) 294 3/18/2021 NON-JURY TRIAL SET FOR 08/03/2021 AT 10:00 AMIN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 295 3/18/2021 ORDER ON CMC / CONTINUING NJT ( V ) TO 8/3/21 293 3/18/2021 COURT NOTES
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291 3/16/2021 NOTICE OF FILING COURT CALL APPEARANCE ( V ) 289 = 3/12/2021 CASE MANAGEMENT CONFERENCE SET FOR 03/18/2021 AT 9:30 AMIN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 290 3/11/2021 CERTIFICATE OF SERVICE ( V ) 288 ORDER SETTING CASE MANAGEMENT CONFERENCE ( V ) 287 = 3/11/2021 COURT NOTES 286 2/24/2021 CORRESPONDENCE - JUDICIAL REJECTION FORM ( V ) 285 = 2/19/2021 NOTICE OF HEARING - AMENDED ( V ) 284 2/19/2021 PAYMENT $130.00 RECEIPT #2021000013918 RECEIVED FOR FILING NUMBER 121653425 VIA FILINGPAYMENTS20210219235959. TXT. 284 2/18/2021 FINAL DISPOSITION FORM (V ) 283 2/18/2021 CERTIFICATE OF TITLE - PROPOSED ( V ) 282 2/16/2021 NOTICE OF FILING - AFFIDAVIT OF INDEBTEDNESS ( V ) 281 2/12/2021 AFFIDAVIT OF ATTORNEYS FEES ( V ) 280 2/12/2021 AFFIDAVIT OF ATTORNEY AS TO COSTS ( V ) 279 2/12/2021 NOTICE OF FILING- AFFIDAVIT OF ATTORYNEY AS TO COST AND TIME ( V ) 278 = 2/11/2021 OTHER - ADDENDUM TO PRE-TRIAL STATEMENT ( V ) 2/11/2021 OTHER - ADDENDUM TO PRE-TRIAL STATEMENT ( V ) 276 2/11/2021 CERTIFICATE OF SERVICE ( V ) 275 2/11/2021 OTHER - UNILATERAL PRETRIAL STATEMENT ( V ) 274 2/10/2021 ORDER DENYING MOTION FOR TELEPHONIC HEARING ( V ) 2/10/2021 HEARING SET FOR 03/11/2021 AT 2:00 PMIN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A NOTICE OF HEARING (V ) 2/2/2021 HEARING SET FOR 02/10/2021 AT 9:00 AM IN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 270 2/2/2021 NOTICE OF HEARING (V ) 269 1/28/2021 WITNESS AND EXHIBIT LIST ( V ) 268 = 1/28/2021 MOTION TO APPEAR TELEPHONICALLY ( V ) 1/15/2021 CERTIFICATE OF SERVICE ( V ) 266 1/13/2021 NON-JURY TRIAL SET FOR 04/22/2021 AT 10:00 AM IN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 265 1/13/2021 ORDER FOR NON JURY TRIAL (V ) 264 1/13/2021 COURT NOTES 263 1/13/2021 MOTION FOR CONTINUANCE OF CMC 262) MEMORANDUM OF LAW - IN OPPOSITION (V ) 261 11/9/2020 CERTIFICATE OF SERVICE ( V ) 260 10/27/2020 MOTION FOR EXTENSION OF TIME ( V ) □□□□□□□□□□
258 10/20/2020 CASE MANAGEMENT CONFERENCE SET FOR 01/13/2021 AT 11:00 AMIN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 257. 10/20/2020 | ORDER ON CASE MANAGEMENT CONFERENCE ( V ) 256 10/20/2020 COURT NOTES 255 10/19/2020 DEMAND FOR JURY TRIAL ( V) 254 10/14/2020 NOTICE OF CASE MANAGEMENT CONFERENCE ( V ) 253 10/5/2020 NOTICE OF HEARING ( V ) 252 10/5/2020 MOTION TO WITHDRAW ( V ) 251 10/2/2020 ORDER REMANDING CASE ( V ) 250 10/2/2020 ACKNOWLEDGMENT ( V ) 10/2/2020 CORRESPONDENCE ( V ) 248 7/17/2020 CERTIFICATE OF SERVICE 247 7/15/2020 CASE MANAGEMENT CONFERENCE SET FOR 10/20/2020 AT 10:00 AM IN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 246 7/15/2020 ORDER ON CASE MANAGEMENT CONFERENCE 7/15/2020 OTHER - COURT CALL APPEARANCE CALENDER 244 7/15/2020 COURT NOTES 7/15/2020 OTHER - COUTCALL CONFIRMATION 7/14/2020 NOTICE OF FILING NTC OF REMOVAL TO DISTRICT COURT 241 7/14/2020 CERTIFICATE OF SERVICE 240 7/13/2020 REQUEST FOR CANCELLATION 239 7/13/2020 ORDER GRANTING TELEPHONIC APPEARANCE 238 7/9/2020 NOTICE OF UNAVAILABILITY 237 7/6/2020 MOTION TO STAY 236 7/2/2020 CERTIFICATE OF SERVICE 235 6/30/2020 ORDER SETTING CASE MANAGEMENT CONFERENCE - AMENDED TO ADD REQUIREMENTS 233 3/27/2020 NOTICE OF FILING ORIGINAL NOTE 232 3/27/2020 REQUEST TO CANCEL HEARING 231 3/27/2020 NOTICE OF CANCELLATION HEARING 234 3/26/2020 CERTIFICATE OF SERVICE 230 3/26/2020 OBJECTION TO CONTINUANCE 229 3/25/2020 CASE MANAGEMENT CONFERENCE SET FOR 07/15/2020 AT 10:00 AM IN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 228 3/25/2020 ORDER CANCELLING NON-JURY TRIAL AND SETTING CASE MANAGEMENT CONFERENCE 227 3/24/2020 NOTICE OF HEARING 3/24/2020 NOTICE OF FILING - COPIES OF ORGINAL NOTE □□□□□□□□□□
224 3/24/2020 NOTICE OF ESCALATED CORONA VIRUS RESTRICTIONS AND FLORIDA STATE BAN ON TRAVEL 3/23/2020 MOTION TO STAY 222: 3/17/2020 MEMORANDUM OF LAW - AMENDED 3/16/2020 MEMORANDUM OF LAW 220 3/12/2020 WITNESS LIST - SECOND AMENDED ( V ) 219 3/9/2020 HEARING SET FOR 04/06/2020 AT 1:45 PMIN 3E/,, CIRCUIT JUDGE: METZGER, ELIZABETH A 218 3/6/2020 NOTICE OF HEARING ( V ) 217 2/26/2020 WITNESS LIST - AMENDED ( V ) 216 2/26/2020 AFFIDAVIT OF ATTORNEYS FEES ( V ) 245 2/26/2020 AFFIDAVIT OF COSTS - AMENDED ( V ) 2/26/2020 NOTICE OF FILING AMENDED AFFIDAVIT OF ATTORNEY ( V ) 213 2/21/2020 AFFIDAVIT OF REBUTTAL ( V ) 2/20/2020 EXHIBIT LIST - KAREN KRONDES ( V ) 211 2/19/2020 CERTIFICATE OF SERVICE OF ORDER ( V ) 210 2/14/2020 WITNESS AND EXHIBIT LIST - PLTF ( V ) 209 2/12/2020 ORDER FOR NON JURY TRIAL ( V ) 208 2/12/2020 NON-JURY TRIAL SET FOR 04/07/2020 AT 1:30 PMIN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 207 2/12/2020 ORDER FOR NON JURY TRIAL ( V ) 206 2/12/2020 COURT NOTES 205 2/11/2020 AFFIDAVIT IN SUPPORT ( V ) 204 2/11/2020 MOTION FOR SUMMARY JUDGMENT - AMENDED ( V ) 203 1/7/2020 ACKNOWLEDGMENT ( V ) 202 1/7/2020 ORDER FROM DCA GRANTING MOTION TO REMAND ( V ) 1/7/2020 CORRESPONDENCE ( V ) 200 12/17/2019 CERTIFICATE OF SERVICE ( V) 199 12/11/2019 | ORDER SETTING CASE MANAGEMENT CONFERENCE ( V ) 198 12/11/2019 CASE MANAGEMENT CONFERENCE SET FOR 02/12/2020 AT 10:00 AM IN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 197. 12/10/2019 ORDER SETTING STATUS CONFERENCE ( V ) 195 12/10/2019 CIVIL NON-JURY TRIAL FORM 12/10/2019 EXHIBIT - DEFT 7(V) 12/10/2019 EXHIBIT - DEFT 6(V) 12/10/2019 EXHIBIT - DEFT 5(V) 11/29/202
12/10/2019 _ EXHIBIT - DEFT 3(V) 12/10/2019 EXHIBIT - DEFT 2(V) 12/10/2019 EXHIBIT - DEFT 1(V) 12/10/2019 EXHIBIT - PLTF 3(V) 12/10/2019 EXHIBIT - PLTF2(V) 12/10/2019 EXHIBIT - PLTF1(V) 12/10/2019 NOTICE OF FILING EXHIBITS TO DEPO TRANSCRIPT ( V ) 196 12/9/2019 AFFIDAVIT OF JOHN KRONDES RE LACK OF STANDING 12/9/2019 NOTICE OF FILING NOTICE OF REMOVAL ( V ) 181 12/9/2019 MEMORANDUM OF LAW (V ) 12/6/2019 AFFIDAVIT OF JOHN KRONDES RE NOTE #5 (V) 180 12/6/2019 MEMORANDUM OF LAW (V ) 178 12/5/2019 ATTACHMENT OR EXHIBIT TO PLEADING - DEPO TRANSCRIPT ( V ) 177 12/5/2019 DEPOSITION TRANSCRIPT ( V ) 476 12/5/2019 NOTICE OF FILING DEPO TRANSCRIPT ( V ) 175 11/27/2019 RESPONSE TO MOTION ( V) 174 11/25/2019 MOTION FOR JUDICIAL NOTICE ( V) 173 11/8/2019 ORDER DENYING ( V ) MOTION TO PROHIBIT 172 11/4/2019 ORDER APPOINTING COMMISIONER ( V ) 171 11/4/2019 COURT NOTES 170 10/22/2019 MOTION TO APPOINT COMMISSIONER ( V ) 169 10/22/2019 NOTICE OF TAKING DEPOSITION - AMENDED ( V ) 168 10/21/2019 NOTICE OF TAKING DEPOSITION ( V ) 167 10/14/2019 NOTICE OF HEARING - AMENDED ( V ) 166 10/14/2019 | MOTION TO INSPECT EXHIBITS TO BE PROFFERED ( V ) 165 10/11/2019 NOTICE OF HEARING (V ) 162 10/11/2019 HEARING SET FOR 11/04/2019 AT 2:15 PM IN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 164 10/10/2019 WITNESS AND EXHIBIT LIST- JOHN KRONDES ( V ) 163 10/10/2019 □ MOTION FOR ORDER TO PROHIBIT REMOVAL OF NOTE ( V ) 161 10/10/2019 NOTICE OF HEARING (V ) 160 10/9/2019 MOTION TO PREVENT RETURN OF NOTE & MORTGAGE ( V ) 11/29/202
159 10/7/2019 WITNESS AND EXHIBIT LIST - PLTF ( V ) 157 10/4/2019 CERTIFICATE OF SERVICE ( V ) 156 10/3/2019 ORDER ON MOTION TO WITHDRAW AS COUNSEL ( V ) 155 10/2/2019 NON-JURY TRIAL SET FOR 12/10/2019 AT 1:30 PMIN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 154 9/26/2019 OBJECTION TO MOTION TO WITHDRAW ( V ) 153 9/23/2019 ORDER FOR NON JURY TRIAL ( V ) 152 9/19/2019 ORDER DENYING MTN TO VACATE ORDERS OF JUDGE METZGER ( V ) 151 9/18/2019 MOTION TO SET ASIDE/VACATE ORDER DENYING RECONSIDERATION ( V ) 149 9/11/2019 HEARING SET FOR 09/26/2019 AT 9:00 AM IN 3E/ , CIRCUIT JUDGE: METZGER, ELIZABETH A 148 9/10/2019 NOTICE OF HEARING ( V ) 150 9/6/2019 AFFIDAVIT OF JOHN KRONDES ( V ) 147 9/6/2019 MOTION TO WITHDRAW ( V ) 146 7/26/2019 ORDER DENYING MOTION FOR RECONSIDERATION ( V ) 145 7/22/2019 MOTION FOR RECONSIDERATION ( V ) 144 7/11/2019 ORDER DENYING MTN TO VACATE DEFAULTS ( V ) 143 7/1/2019 CIRCUIT JUDGE METZGER, ELIZABETH A: ASSIGNED 142 4/5/2019 DESIGNATION OF EMAIL ADDRESS ( V ) 141 4/4/2019 RESPONSE TO MOTION (V ) 140 3/29/2019 RETURN MAIL ( V ) 439 | 3/29/2019 "RECIPIENTS: DERMODY, MICHAEL - SUBJECT: SERVICE OF COURT DOCUMENT - 2017CA001117, US BANK NATIONAL ASSOCIATION TR VS. KRONDES, JOHN - ATTACHM COUNT: 1 - EMAIL DOCKET DESCRIPTIONS: EFJDGORDER-3/14/2019 138 3/25/2019 MOTION FOR RECONSIDERATION AND FOR LEAVE TO FILE ANSWER ( V ) 137 3/25/2019 MOTION FOR RECONSIDERATION ( V ) 136 3/14/2019 ORDER ON CMC ( V ) 135 3/13/2019 COURT NOTES 3/7/2019 PAYMENT $6.00 RECEIPT #2019000020300 133 3/7/2019 SMALL PHOTOGRAPHIC COPIES ASSESSED $6.00 132 1/2/2019 CIRCUIT JUDGE MIRMAN, LAWRENCE: ASSIGNED PAYMENT $9.00 RECEIPT #2018000092922 130 12/6/2018 SMALL PHOTOGRAPHIC COPIES ASSESSED $9.00 129 12/6/2018 ORDER SETTING CASE MANAGEMENT CONFERENCE ( V ) 128 12/5/2018 CIVIL NON-JURY TRIAL FORM 12/4/2018 CORRESPONDENCE ( V ) 12/4/2018 NOTICE OF FILING APPEAL ( V ) 11/29/202
11/19/2018 NOTICE OF FILING (V) 123 11/19/2018 AFFIDAVIT OF COSTS (V) 122 11/19/2018 NOTICE OF FILING (V) 121 11/13/2018 CERTIFICATE OF SERVICE ( V) 120 11/8/2018 RETURN MAIL (V ) 119 11/8/2018 ACKNOWLEDGMENT ( V ) 11/6/2018 CORRESPONDENCE ( V ) 117 11/5/2018 CASE REOPENED FOR OTHER 116 11/2/2018 OTHER - COPY OF ORDER REMANDING CASE TO CIRCUIT COURT (V ) NOTICE OF FILING ( V ) 114 11/2/2018 ORDER FOR NON JURY TRIAL ( V ) 113 9/21/2018 ANSWER ( V ) 112 9/21/2018 CASE CLOSED 111 9/21/2018 CIVIL NON-JURY TRIAL FORM 9/21/2018 NOTICE OF FILING 2ND NTC OF REMOVAL 109 9/20/2018 ORDER FOR NON JURY TRIAL ( V ) 108 9/20/2018 NOTICE OF REMOVAL REMOVAL TO DISTRICT COURT 107 9/12/2018 AFFIDAVIT OF COSTS - AMENDED ( V ) 9/12/2018 NOTICE OF FILING AMENDED AFFIDAVIT OF COSTS ( V ) 105 9/12/2018 AFFIDAVIT OF ATTORNEYS FEES ( V ) 9/12/2018 NOTICE OF FILING ( V ) 103 9/12/2018 ORDER DENYING MOTION FOR LEAVE TO FILE COUNTERCLAIM ( V ) 102 9/12/2018 COURT NOTES 101 9/6/2018 WITNESS AND EXHIBIT LIST ( V ) 100 8/24/2018 ORDER DENYING MOTION FOR RECONSIDERATION AND MOTION TO VACATE ORDER DENYING MOTION TO RECUSE ( V ) 98 8/21/2018 NOTICE OF HEARING ( V ) 97 8/20/2018 AFFIDAVIT IN SUPPORT ( V ) 96 MOTION FOR RECONSIDERATION ( V ) 99 8/20/2018 MOTION FOR LEAVE TO FILE COUNTERCLAIM ( V ) 95 8/17/2018 WITNESS AND EXHIBIT LIST ( V ) 94 8/16/2018 CERTIFICATE OF SERVICE ( V) 93 8/16/2018 ORDER RATIFYING STIPULATION FOR SUBSTITUTION OF COUNSEL FOR KAREN A KRONDES ( V ) 11/29/202
91 8/10/2018 STIPULATION FOR SUBSTITUTION OF COUNSEL ( V ) 90 ORDER OF RECUSAL AND/OR DISQUALIFICATION - DENIED ( V ) AFFIDAVIT IN SUPPORT ( V ) 88 8/2/2018 AFFIDAVIT IN SUPPORT OF DISQUALIFICATION (V ) = MOTION TO RECUSE JUDGE BELANGER ( V ) NOTICE OF APPEARANCE ( V ) 85 = 7/26/2018 NOTICE NON JURY TRIAL ( V ) AFFIDAVIT OF JOHN J KRONDES - THIRD ( V ) 83 7/19/2018 ORDER DENYING MTN FOR RECONSIDERATION ( V ) AFFIDAVIT - FOURTH AFFIDAVIT OF FLORENCE T KRONDES ( V ) 82 MOTION FOR RECONSIDERATION ( V ) 80 MOTION TO WITHDRAW ( V ) ORDER DENYING VARIOUS MOTIONS ( V ) 78 6/27/2018 AFFIDAVIT THIRD OF FLORENCE KRONDES ( V ) = 6/26/2018 AFFIDAVIT SECOND OF FLORENCE KRONDES ( V ) 76 6/13/2018 AFFIDAVIT ( V ) OF FLORENCE KRONDES 75 6/11/2018 AFFIDAVIT ( V ) OF JOHN KRONDES 74 6/7/2018 COURT NOTES 73 MOTION TO SET ASIDE/VACATE DEFAULT ( V ) 72 ORDER FOR CONTINUANCE OF HEARING - DENIED ( V ) MOTION TO CONTNUE 70 6/6/2018 NOTICE OF NON-RECEIPT OF ORDER SETTING HEARING AND REQUEST FOR EMERGENCY RELIEF ( V ) 69 5/17/2018 ORDER SETTING HEARING ( V ) 68 5/17/2018 COURT NOTES 67 ORDER GRANTING TELEPHONIC APPEARANCE - AMENDED ( V ) 66 4/4/2018 NOTICE OF HEARING ( V ) 63 4/3/2018 ORDER GRANTING TELEPHONIC APPEARANCE ( V ) 64 4/3/2018 MOTION TO APPEAR TELEPHONICALLY ( V ) 65 4/3/2018 NOTICE OF CANCELLATION HEARING ( V ) 62 4/3/2018 ORDER GRANTING TELEPHONIC APPEARANCE ( V ) 61 3/27/2018 MOTION FOR TELEPHONIC HEARING ( V ) 3/21/2018 NOTICE OF HEARING - AMENDED ( V ) 60 = 3/21/2018 NOTICE OF HEARING (V ) = MOTION TO SET ASIDE/VACATE DEFAULT - SUPPLEMENTAL ( V ) 57 MOTION TO SET ASIDE/VACATE ( V ) □□□□□□□□□□
55 2/28/2018 NOTICE OF APPEARANCE ( V ) 2/27/2018 NOTICE OF FILING (V ) 53 2/26/2018 AFFIDAVIT OF JERROLD BLAIR IN SUPPORT OF MOTION TO DISMISS ( V ) 52 2/26/2018 AFFIDAVIT OF KAREN KRONDES BLAIR IN SUPPORT OF MOTION TO DISMISS ( V ) 51 2/26/2018 AFFIDAVIT OF JOHN KRONDES IN SUPPORT OF MOTION TO DISMISS ( V ) 50 2/26/2018 MOTION TO DISMISS ( V ) 49 NOTICE OF FILING OF APPEARANCE OF KAREN BLAIR ( V ) 48 2/26/2018 NOTICE OF FILING OF APPEARANCE OF JOHN KRONDES ( V ) AFFIDAVIT IN SUPPORT OF SUMMARY JUDGMENT ( V ) 46 2/20/2018 AFFIDAVIT OF ATTORNEYS FEES ( V ) 45 AFFIDAVIT OF COSTS AND TIME ( V ) 44 2/20/2018 MOTION FOR SUMMARY JUDGMENT ( V ) 43. | 2/6/2018 "RECIPIENTS: SCOTT, JENNIFER MOUSER; DERMODY, MICHAEL - SUBJECT: SERVICE OF COURT DOCUMENT - 2017CA001117, U S BANK NATIONAL ASSOCIATION TR VS. KRONDES, JOHN - ATTACHMENT COUNT: 1 - EMAIL DOCKET DESCRIPTIONS: DEF-2/6/2018 42 2/6/2018 DEFAULT ISSUED - [email protected] ( V ) MILITARY /NON-MILITARY AFFIDAVIT ( V ) 40 2/6/2018 MOTION FOR DEFAULT AND DEFAULT ( V ) 39 NOTICE OF DROPPING PARTY ( V ) 38 12/29/2017 PROOF OF PUBLICATION NOTICE OF ACTION (V ) 37 12/19/2017 RETURN PLEADING FORM - MISSING DOCUMENTS 36 12/14/2017 RECIPIENTS: - SUBJECT: SERVICE OF COURT DOCUMENT - 2017CA001117, US BANK NATIONAL ASSOCIATION TR VS. KRONDES, JOHN - ATTACHMENT COUNT: 1 - EMA DOCKET DESCRIPTIONS: NA-12/14/2017" 35 12/14/2017 NOTICE OF ACTION : [email protected] ( V ) 34 12/14/2017 NOTICE OF ACTION TO BE ISSUED ( V ) 33 12/14/2017 AFFIDAVIT OF DILIGENT SEARCH ( V ) 32 12/14/2017 AFFIDAVIT OF DILIGENT SEARCH ( V ) 31. 11/15/2017 PROOF OF PUBLICATION NOTICE OF ACTION (V ) 30 10/31/2017 RETURN OF SERVICE ON SUMMONS UNSERVED ( V ) 29 10/31/2017 RETURN OF SERVICE ON SUMMONS UNSERVED ( V ) 28 10/31/2017 RETURN OF SERVICE ON SUMMONS UNSERVED ( V ) 27 10/24/2017 RECIPIENTS: SCOTT, JENNIFER MOUSER - SUBJECT: SERVICE OF COURT DOCUMENT - 2017CA001117, US BANK NATIONAL ASSOCIATION TR VS. KRONDES, JOHN - ATTACHMENT COUNT: 1 - EMAIL DOCKET DESCRIPTIONS: RETP-10/24/2017 26 10/24/2017 RETURN PLEADING FORM - MISSING DOCUMENTS 25 10/20/2017 RECIPIENTS: - SUBJECT: SERVICE OF COURT DOCUMENT - 2017CA001117, US BANK NATIONAL ASSOCIATION TR VS. KRONDES, JOHN - ATTACHMENT COUNT: 1 - EMA DOCKET DESCRIPTIONS: NA-10/20/2017 23 10/20/2017 NOTICE OF ACTION : [email protected] ( V ) 22 10/19/2017 NOTICE OF ACTION TO BE ISSUED ( V ) □□□□□□□□□□
20 10/19/2017 AFFIDAVIT OF DILIGENT SEARCH ( V ) 8/2/2017 REPLY (V ) 18 8/1/2017 SUMMONS RETURNED SERVED ( V ) 7/25/2017 DESIGNATION OF EMAIL ADDRESS ( V ) 16 7/25/2017 ANSWER AND AFFIRMATIVE DEFENSES - PRINCESS HOA ( V ) 0 7/6/2017 LIS PENDENS ( V ) - Recorded (Other.4016.556 / 4326806) ( V ) 15 7/6/2017 "RECIPIENTS: - SUBJECT: SERVICE OF COURT DOCUMENT - 2017CA001117, U S BANK NATIONAL ASSOCIATION TR VS. KRONDES, JOHN - ATTACHMENT COUNT: 1 - EMA DOCKET DESCRIPTIONS: SUMI-7/6/2017 14. 7/6/2017 SUMMONS ISSUED: [email protected] ( V ) 3 7/5/2017 PLAINTIFF ATTORNEY: SCOTT, JENNIFER MOUSER ASSIGNED 2 7/5/2017 CIRCUIT JUDGE BELANGER, ROBERT E: ASSIGNED 13. 7/5/2017 PAYMENT $1956.50 RECEIPT #2017000051060 RECEIVED FOR FILING NUMBER 58456303 VIA FILINGPAYMENTS20170705235959. TXT. 1 6/30/2017 CASE FILED 06/30/2017 CASE NUMBER 2017CA001117 12 6/29/2017 SUMMONS TO BE ISSUED BY CLERK ( V ) 11. 6/29/2017 SUMMONS TO BE ISSUED BY CLERK ( V ) 10 6/29/2017 SUMMONS TO BE ISSUED BY CLERK ( V ) 9 6/29/2017 SUMMONS TO BE ISSUED BY CLERK ( V ) 8 6/29/2017 CIVIL COVER SHEET ( V ) 7 6/29/2017 LIS PENDENS ( V ) 6 6/29/2017 VALUE CALCULATION FOR REAL PROPERTY ( V ) 6/29/2017 COMPLAINT ( V ) 4 6/29/2017 CIVIL COVER SHEET ( V )
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