Electronic Case Filing | U.S.

District Court - Middle District of Florida

https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?798989392314971-L_1_0-1

CLOSED

U.S. District Court Middle District of Florida (Ocala) CIVIL DOCKET FOR CASE #: 5:13-cv-00058-WTH-PRL

Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie as Co-Trustees et al Assigned to: Senior Judge Wm. Terrell Hodges Referred to: Magistrate Judge Philip R. Lammens Case in other court: 11th Circuit, 13-11585-B State Court - 1/9/13, 2013-115-CAT Cause: 05:0702 Administrative Procedure Act Plaintiff Reverse Mortgage Solutions, Inc.

Date Filed: 02/04/2013 Date Terminated: 03/11/2013 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Federal Question

represented by Danielle N. Parsons McCalla Raymer, LLC Suite 660 225 E Robinson St Orlando, FL 32801 954-319-7121 Fax: 954-556-7061 Email: dnp@mccallaraymer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Neil J. Gillespie as Co-Trustees of the Gillespie Family Living Trust Agreement Dated February 10, 1997 represented by Neil J. Gillespie as Co-Trustees 8092 SW 115th Loop Ocala, FL 34481 352/854-7807 PRO SE

Defendant Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust Agreement Dated February 10, 1997 Defendant Oak Run Homeowners Association, Inc. Defendant United States of America on behalf of the Secretary of Housing and Urban Development

1 of 5

6/17/2013 10:47 AM

Electronic Case Filing | U.S. District Court - Middle District of Florida

https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?798989392314971-L_1_0-1

Defendant Elizabeth Bauerle Defendant Mark Gillespie represented by Tiffany Caparas Kaufman, Englett & Lynd, PLLC 111 N. Magnolia Avenue Suite 1600 Orlando, FL 32801 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Neil J. Gillespie represented by Neil J. Gillespie 8092 SW 115th Loop Ocala, FL 34481 352/854-7807 PRO SE

Defendant Development & Construction Corporation of America Defendant Unknown Spouse of Elizabeth Bauerle Defendant Unknown Spouse of Mark Gillespie represented by Tiffany Caparas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Unknown Spouse of Neil J. Gillespie Defendant Unknown Settlors/Beneficiaries of the Gillespie Family Living Trust Agreement Dated February 10, 1997 Defendant Unknown Trustees Defendant Settlers and Beneficiaries of Unknown Settlers/Beneficiaries of the Gillespie Family Living Trust Agreement dated February 10, 1997

2 of 5

6/17/2013 10:47 AM

Electronic Case Filing | U.S. District Court - Middle District of Florida

https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?798989392314971-L_1_0-1

Defendant Unknown Tenant in Possession 1 Defendant Unknown Tenant in Possession 2

Date Filed 02/04/2013

Docket Text

1 NOTICE OF REMOVAL from 5th Judicial Circuit in and for Marion County, case number 2013-115-CAT filed in State Court on 1-9-13. filed by Neil J. Gillespie as Co-Trustees, Neil J. Gillespie. (Attachments: # 1 State Record)(LAB) Modified on 2/6/2013 (Entered: 02/06/2013) 2 COMPLAINT (verified) to foreclose home equity conversion mortgage against All Defendants filed by Reverse Mortgage Solutions, Inc.(LAB) (originally filed in state court) Modified on 2/6/2013 (LAB) (Entered: 02/06/2013) 3 MOTION to quash service of process filed by Mark Gillespie and Unknown Spouse(of Mark Gillespie). (LAB) Originally filed in state court) Modified on 2/6/2013 (LAB). (Entered: 02/06/2013) 4 NOTICE of Filing Agreement with Plaintiff's Counsel to Extend Time to Respond to this Lawsuit until 2/4/13 by Neil J. Gillespie and Neil J. Gillespie as Co-Trustees. (LAB) (originally filed in state court) Modified on 2/6/2013 (LMF). (Entered: 02/06/2013) 5 MOTION to Dismiss complaint (verified) to foreclose home equity conversion mortgage by Neil J. Gillespie and Neil J. Gillespie as Co-Trustees. (Attachments: # 1 Exhibits 1-19, # 2 Composite A, # 3 Composit B, # 4 Appendix 1-21, # 5 Appendix 22-42)(LAB) (Originally filed in state court) Modified on 2/6/2013 (LMF). (Entered: 02/06/2013) 6 MOTION for leave to proceed in forma pauperis/affidavit of indigency by Neil J. Gillespie. (LAB) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 2/6/2013 (LMF). (Entered: 02/06/2013) 7 MOTION for miscellaneous relief, specifically for Authorization to File Electronically by Neil J. Gillespie. (LAB) (Entered: 02/07/2013) 8 SUPPLEMENT re 6 MOTION for leave to proceed in forma pauperis/affidavit of indigency by Neil J. Gillespie. (LAB) (Entered: 02/07/2013) 9 NOTICE of filing titled "Notice of Homestead" by Neil J. Gillespie. (LAB) (Entered: 02/12/2013) 10 REPORT AND RECOMMENDATION re 6 Defendant Neil Gillespie's Motion for Leave to Proceed In Forma Pauperis. Signed by Magistrate Judge Philip R. Lammens on 2/13/2013. (JLS) (Entered: 02/13/2013) 11 MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss complaint by All Plaintiffs. (Parsons, Danielle) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 02/21/2013)

02/04/2013

02/04/2013

02/04/2013

02/04/2013

02/05/2013

02/06/2013 02/07/2013 02/11/2013 02/13/2013

02/21/2013

3 of 5

6/17/2013 10:47 AM

Electronic Case Filing | U.S. District Court - Middle District of Florida

https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?798989392314971-L_1_0-1

02/22/2013

12 ORDER granting 11 Plaintiff's Agreed Motion for Extension of Time to the extent that Plaintiff shall respond to Mr. Gillespie's Motion to Dismiss on or before the tenth day after the District Judge enters an order on the Report and Recommendation, and only if the Court does not remand this case. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 2/22/2013. (JLS) (Entered: 02/22/2013) 13 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 2/26/2013. (Attachments: # 1 consent forms) Copies mailed/emailed. (MAM) (Entered: 02/26/2013) 14 MOTION to Compel plaintiff's compliance with Rule 7.1 Disclosure Statement by Neil J. Gillespie. (LAB) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 02/27/2013) 15 MOTION for Rule 11 sanctions against Danielle N. Parsons and McCalla Raymer, LLC by Neil J. Gillespie. (LAB) (Entered: 02/27/2013) 16 MOTION for entry of Rule 55 Default Judgment as to Reverse Mortgage Solutions, Inc. by Neil J. Gillespie as Co-Trustees and Neil J. Gillespie. (LAB) Modified on 2/28/2013 (MJT). (Entered: 02/27/2013) 17 Verified OBJECTION to, and MOTION for relief from 12 ORDER by Neil J. Gillespie and Neil J. Gillespie as Co-Trustees. (LAB) Modified on 3/7/2013 (MJT). (Entered: 03/06/2013) 18 OBJECTION to 10 Report and Recommendations by Neil J. Gillespie, Neil J. Gillespie as Co-Trustees. (Attachments: # 1 Appendix Ex. 1-11)(LAB) (Entered: 03/06/2013) 19 ORDER denying 6 Defendant Neil J. Gillespie's Motion for leave to proceed in forma pauperis/affidavit of indigency; adopting 10 Report and Recommendations; overruling 18 Defendant Neil J. Gillespie's Objections and denying his request for leave to amend the notice of removal and to recuse the district judge and magistrate judge. The Clerk is directed to remand this case to state court, terminate all pending motions, and close the file. Signed by Senior Judge Wm. Terrell Hodges on 3/7/2013. (LRH) (Entered: 03/07/2013) 20 JUDGMENT entered. Civil appeals checklist attached. (Signed by Deputy Clerk) (LAB) (Entered: 03/11/2013) 21 MOTION to Alter or Amend Judgment by Neil J. Gillespie and Neil J. Gillespie as Co-Trustees. (LAB) Modified on 4/10/2013 (LAB). (Entered: 04/10/2013) 22 AFFIDAVIT of Neil J. Gillespie re: 21 MOTION to Alter or Amend Judgment by Neil J. Gillespie. (LAB) Modified on 4/10/2013 (LAB). (Entered: 04/10/2013) 23 NOTICE OF APPEAL as to 19 Order on motion for leave to proceed in forma pauperis/affidavit of indigency and Order on Report and Recommendations by Neil J. Gillespie and Neil J. Gillespie as Co-Trustees. Filing fee not paid. (LAB) (Entered: 04/10/2013) TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 23 Notice of appeal. (LAB) (Entered: 04/10/2013) 24 ORDER denying 21 Motion to Alter or Amend Judgment. Signed by Senior Judge Wm. Terrell Hodges on 4/12/2013. (LRH) (Entered: 04/12/2013)

02/26/2013

02/26/2013

02/26/2013 02/26/2013

03/05/2013

03/06/2013 03/07/2013

03/11/2013 04/08/2013 04/08/2013 04/10/2013

04/10/2013

04/12/2013

4 of 5

6/17/2013 10:47 AM

Electronic Case Filing | U.S. District Court - Middle District of Florida

https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?798989392314971-L_1_0-1

04/22/2013 05/06/2013 05/06/2013 05/06/2013 05/09/2013 05/10/2013

ACKNOWLEDGMENT by USCA of receiving Notice of Appeal on 04/22/13 re 23 Notice of appeal. USCA number: 13-11585-B. (MJT) (Entered: 04/22/2013) 25 MOTION for Leave to Appeal in forma pauperis by Neil J. Gillespie, Neil J. Gillespie as Co-Trustees. (LAB) (Entered: 05/07/2013) 26 APPENDIX re 25 MOTION for Leave to Appeal in forma pauperis. (LAB) (Entered: 05/07/2013) 27 AFFIDAVIT of indigency by Neil J. Gillespie and Neil J. Gillespie as Co-Trustees. (LAB) (Entered: 05/07/2013) 28 ORDER denying 25 Motion for Leave to Appeal in forma pauperis. Signed by Senior Judge Wm. Terrell Hodges on 5/9/2013. (LRH) (Entered: 05/09/2013) TRANSMITTAL to USCA forwarding 28 Order denying motion for leave to appeal in forma pauperis re 23 Notice of appeal USCA number: 13-11585-B. (LAB) (Entered: 05/10/2013) ACKNOWLEDGMENT by USCA of receiving IFP on Appeal Denied Order and Certified Copy of Docket Sheet on 05/15/13 re 23 Notice of appeal. USCA number: 13-11585-b. (LAB) (Entered: 05/23/2013) 29 NOTICE of filing The Florida Bar Case No. 20133090(5) by Neil J. Gillespie (MJT) (Entered: 06/07/2013) 30 USCA Dismissal ORDER as to 23 Notice of appeal filed by Neil J. Gillespie, Neil J. Gillespie as Co-Trustees. Appeal dismissed sua sponte for lack of jurisdiction. EOD: 06/12/13; USCA number: 13-11585-B. (MJT) (Entered: 06/12/2013)

05/21/2013

06/07/2013 06/12/2013

PACER Service Center

Transaction Receipt
06/17/2013 10:47:08 PACER Login: Description: Billable Pages: Docket Report 4 Client Code: Search Criteria: Cost: 5:13-cv-00058WTH-PRL 0.40

5 of 5

6/17/2013 10:47 AM