Preview
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT,
IN AND FOR ALACHUA COUNTY, FLORIDA
CASE NO.: 01-2012-CA-003066
US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR STRUCT
Plaintiff
Boe
-VS-
a On
as AL
VERNELLE S JONES 2a ww
UNKNOWN SPOUSE OF VERNELLE S JONES BOQ aU!
WELLS FARGO BANK SUCCESSOR IN INTEREST TO WACH 25
m0
ISPC
Defendants
ORDER OF REFERRAL TO MAGISTRATE,
ORDER REQUIRING PRESENTATION OF ORIGINAL NOTE AND
SCHEDULING CASE MANAGEMENT CONFERENCE AND HEARING
ON PENDING MOTIONS
THIS ACTION having come before the Court and after review of the file, the Court
finds that this case should be set for Case Management Conference pursuant to Fla.
R. Civ. P. 1.200(a). Therefore, it is ORDERED and ADJUDGED:
1 This case is referred to the General Magistrate pursuant to Fla. R. Civ. P. 1.490
and current administrative orders of the Court for any and all future
proceedings. The magistrate shall conduct any proceeding authorized by law,
including but not limited to administering oaths and conducting hearings, which
may include taking evidence. The general magistrate shall file, as soon as
practicable after the hearing, a report of findings and recommendations with the
Court.
—-
(iin |
We
aoe -
01-3012-CA-003066 Order of Referral to Magistrate and Schedule CMC,etc. (Foreclosure) Page 2
A referral to a General Magistrate requires the consent of all parties. You are
entitled to have the matter heard before a judge. If you do not want to have this
matter heard before the General Magistrate, you must file a written objection to
the referral within ten (10) days of the service of this Order. If the time set for
the hearing is less than ten (10) days after the service of this Order, the
objection must be made before the hearing. Failure to file a written objection
prior to the hearing is deemed to be consent to the referral. Review of the report
and recommendations made by the General Magistrate shall be by exceptions
as provided in Fla. R. Civ. P. 1.490(h). If an objection to this referral is timely
filed, this matter shall be heard by a circuit judge at the date and time set forth
below.
This case is scheduled for a Case Management Conference and hearing on
pending Motions on Friday, October 18, 2013, AT 9:00 AM or as soon as can
be heard (five minutes reserved), before a General Magistrate or assigned
Circuit Judge, in COURTROOM 3C, Alachua County Family and Civil
Justice Center, 201 East University Ave., Gainesville, Florida.
ATTENTION: Counsel and unrepresented parties must attend this hearing in
person.
At the Case Management Conference, each party must be prepared to inform
the Court:
a The issues which remain unresolved.
b How much time will be needed to present his or her case.
Cc The number of witnesses he or she expects to call.
d Available dates for future events. Please bring your calendar.
ORIGINAL NOTE:
a. Plaintiff IS REQUIRED to present the original note to the court on or
before the above scheduled Case Management Conference.
If the Plaintiff is NOT in possession of the original note, the bank officer
in charge of supervising the retention of the note must appear in person at
this hearing and show cause why the case should not be dismissed for lack
of standing. Failure to comply may result in dismissal of this case.
If the parties have completed filing all required documents in this case, the time
reserved for Case Management Conference may be used to hear any pending
motions, including a Motion for Summary Judgment.
01-2012-CA-003066 Order of Referral to Magistrate and Schedule CMC,etc. (Foreclosure) Page 3
ATTENTION: This may be the FINAL HEARING in your case. If you fail to
appear, a final judgment may be entered against you.
FAILURE TO APPEAR may result in the striking of pleadings, dismissal of
claims, or the imposition of other permissible sanctions deemed proper,
and shall constitute a waiver of Exceptions to the Magistrate's Report and
Recommendation pursuant to Fla. R. Civ. P. 1.490(h).
DONE and ORDERED in Gainesville, Alachua County, Florida on this 10th day of
September, 2013.
iAOC
Me
MARY DAY COKER
CIRCUIT JUDGE
01-2012-CA-003066 Order of Referral to Magistrate and Schedule CMC,etc. (Foreclosure) Page 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a complete copy hereof has been provided by U.S. or
electronic mail on Tuesday, September 17, 2013, to the following addressees:
VERNELLE S JONES
1515 SE 15 AVE
GAINESVILLE, FL 32641
WELLS FARGO BANK SUCCESSOR IN INTEREST TO WACH
101 N PHILLIPS AVE
SIOUX FALLS, SD 57104
JONATHAN R GIDDENS
500 S AUSTRALIAN AV
SUITE 730
WEST PALM BEACH, FL 33401
MICHAEL D. GINSBERG
1115 GUNN HWY STE 100
ODESSA, FL 33556
Re NOUS
LOSURE CASE MANAGER
01-2012-CA-003066 Order of Referral to Magistrate and Schedule CMC,etc. (Foreclosure) Page 5
TALKING TO JUDGES
The Code of Judicial Conduct governing behavior by judges forbids the Judges of
the 8th Judicial Circuit to discuss pending cases with the public. Please do not call
the Court expecting to speak with a Judge about any case. If you have a comment to
make, please mail it to the Alachua County Clerk of Court,201 E University Ave,
Gainesville, Florida 32601. If you have a question about your case, you may also
contact the Clerk's office at (352) 374-3636. However, the Court is only allowed
to consider arguments made in court and documents filed by actual parties in
the case. They cannot ethically read or consider any other opinions or
arguments about the case, and they cannot give legal advice. Thank you.
NOTICE
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the ADA Coordinator at (352) 337-6237 at least 7
days before your scheduled court appearance, or immediately upon receiving this
notification if the time before the scheduled appearance is less than 7 days; if you are
hearing or voice impaired, call 711.