On July 02, 2009 a
Hearing
was filed
involving a dispute between
Nationstar Mortgage, Llc,
and
Degelman, James C,
Doe, Jane,
Doe, John,
Unknown Spouse,
for Real Property Mortgage Foreclosure
in the District Court of Collier County.
Preview
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA CIVIL ACTION
IN RE: THE MATTER OF
AURORA LOAN SERVICES, LLC.
Plaintiff(s),
vs. CASE NO: 2009-CA-05801
JAMES.C. DEGELMAN, et. al
Defendant(s).
I
ORDER OF REFERRAL TO THE MAGISTRATE
THIS CAUSE came on before the court upon the court’s own motion and the Court, being
duly advised in the premises, it is:
ORDERED that this is referred to General Magistrate for further proceedings, pursuant to
Rule 1.490(a) of the Florida Rules of Civil Procedure and current Administrative Orders of the
Court. This referral is by and with the consent of all parties, pursuant to Rule 1.490(c) of the
Florida Rules of Civil Procedure. The Magistrate shall hold such hearings as deemed necessary
and shall file, as soon as practicable, a Recommended Order of the General Magistrate.
IF_ REQUIRED BY THE MAGISTRATE, THE ATTORNEYS SHALL PREPARE A
FAILURE TO SUBMIT_ SAID
RECOMMENDED ORDER OF THE MAGISTRATE.
RECOMMENDED ORDER OF THE MAGISTRATE ON A TIMELY BASIS MAY RESULT IN
SANCTIONS BEING IMPOSED BY THE CIRCUIT COURT JUDGE.
THIS CASE IS REFERRED TO THE MAGISTRATE on the following issues: a
[] Contempt (or Enforcement) All Discovery Motions is
Final Hearings & Counterclaim
C]
{] Pretrial Conference {1
[] Status/Case Management Conference [ ] Order to Show Cause
(] Motion to Withdraw {] Summary Judgment
ix] Motion to Dismiss [) Motion to Compel
CL Motion to Amend {] OTHER;.
AND ANY OTHER MATTER RELATED THERETO. 3
? -
IT IS FURTHER ORDERED that the above matter(s) and responses are referred oY
Magistrate James M. McGarity III
for further proceedings, pursuant to Rule 1.490(a) of the Florida Rules of Civil Procedure and
current administrative orders of the court. The Magistrate is authorized to administer oaths and
conduct hearings which may include taking of evidence and shall file a report and
recommendations that contain findings of fact, conclusions of law, and the name of the court
reporter, if any.
A time and place shall be assigned for the proceedings as soon as reasonably possible
after this referral is made and notice shall be given to each of the parties either by the Magistrate
or one or more of the parties.A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALL PARTIES.
YOU ARE ENTITLED TO HAVE THIS MATTER HEARD BY A JUDGE. IF YOU DO NOT
WANT TO HAVE THIS MATTER HEARD BY THE MAGISTRATE, YOU MUST FILE A
WRITTEN OBJECTION TO THE REFERRAL PRIOR TO COMMENCEMENT OF THE
HEARING. FAILURE TO FILE A WRITTEN OBJECTION IS DEEMED TO BE A CONSENT TO
THE REFERRAL.
If either party files a timely objection, this matter shall be returned to the undersigned
judge with a notice stating the amount of time needed for hearing.
IF REQUIRED BY A MAGISTRATE THE ATTORNEYS SHALL PREPARE A ©
PROPOSED REPORT. FAILURE TO SUBMIT SAID PROPOSED REPORT ON A TIMELY
BASIS MAY RESULT IN SANCTIONS BEING IMPOSED BY THE CIRCUIT COURT JUDGE.
REVIEW OF THE REPORT AND RECOMMENDATION MADE BY THE MAGISTRATE
SHALL BE BY EXCEPTIONS AS PROVIDED IN RULE 1.490(h) FLORIDA RULES OF CIVIL
PROCEDURE. A RECORD, WHICH INCLUDES A TRANSCRIPT, MAY BE REQUIRED TO
SUPPORT EXCEPTIONS.
YOU ARE ADVISED THAT IN THIS CIRCUIT electronic recording is not provided by the
court. A party may provide a court reporter at that party’s expense.
SHOULD YOU WISH TO SEEK REVIEW OF THE REPORT AND RECOMMENDATION
MADE BY THE MAGISTRATE, YOU MUST FILE EXCEPTIONS IN ACCORDANCE WITH
RULE 1.490(H), FLORIDA RULES OF CIVIL PROCEDURE. YOU WILL BE REQUIRED TO
PROVIDE THE COURT WITH A RECORD SUFFICIENT TO SUPPORT YOUR EXCEPTIONS
OR YOUR EXCEPTIONS WILL BE DENIED. A RECORD ORDINARILY INCLUDES A
WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS. THE PERSON SEEKING A
REVIEW MUST HAVE THE TRANSCRIPT PREPARED IF NECESSARY FOR THE COURT’S
REVIEW.
After conclusion of the proceedings, if exceptions to the Magistrate’s Report are filed, A
COPY OF SAME SHALL BE CONTEMPORANEOUSLY SUBMITTED TO THE MAGISTRATE
and the Magistrate shall have reserved jurisdiction to conduct such re-hearing as the Magistrate
determines appropriate. Such reservation shall not restrict the jurisdiction of the circuit court to
proceed on the exceptions.
DONE AND ORDERED in Collier County, Florida this C2 day of September, 2011.
Ben Meni Z
Circuit Court JudgeService List
Y James C. Degelman
c/o Sean A. Mickley, Esq.
Kaufman, Englet & Lynd, PLLC
111 N Magnolia Ave., Suite 1500
\ Orlando, FL 32801
we Vv Tenant #1 NKA Dave Mason
! 626:93td'Ave.'N.
Naples, FL 34108
Law Offices of David J. Stern, P.A.
900 South Pine Island Road, Suite 400
Plantation, FL 33324
v Allertell) Lau’
Document Filed Date
September 07, 2011
Case Filing Date
July 02, 2009
Category
Real Property Mortgage Foreclosure
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Preview
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION IN RE: THE MATTER OF AURORA LOAN SERVICES, LLC. Plaintiff(s), vs. CASE NO: 2009-CA-05801 JAMES.C. DEGELMAN, et. al Defendant(s). I ORDER OF REFERRAL TO THE MAGISTRATE THIS CAUSE came on before the court upon the court’s own motion and the Court, being duly advised in the premises, it is: ORDERED that this is referred to General Magistrate for further proceedings, pursuant to Rule 1.490(a) of the Florida Rules of Civil Procedure and current Administrative Orders of the Court. This referral is by and with the consent of all parties, pursuant to Rule 1.490(c) of the Florida Rules of Civil Procedure. The Magistrate shall hold such hearings as deemed necessary and shall file, as soon as practicable, a Recommended Order of the General Magistrate. IF_ REQUIRED BY THE MAGISTRATE, THE ATTORNEYS SHALL PREPARE A FAILURE TO SUBMIT_ SAID RECOMMENDED ORDER OF THE MAGISTRATE. RECOMMENDED ORDER OF THE MAGISTRATE ON A TIMELY BASIS MAY RESULT IN SANCTIONS BEING IMPOSED BY THE CIRCUIT COURT JUDGE. THIS CASE IS REFERRED TO THE MAGISTRATE on the following issues: a [] Contempt (or Enforcement) All Discovery Motions is Final Hearings & Counterclaim C] {] Pretrial Conference {1 [] Status/Case Management Conference [ ] Order to Show Cause (] Motion to Withdraw {] Summary Judgment ix] Motion to Dismiss [) Motion to Compel CL Motion to Amend {] OTHER;. AND ANY OTHER MATTER RELATED THERETO. 3 ? - IT IS FURTHER ORDERED that the above matter(s) and responses are referred oY Magistrate James M. McGarity III for further proceedings, pursuant to Rule 1.490(a) of the Florida Rules of Civil Procedure and current administrative orders of the court. The Magistrate is authorized to administer oaths and conduct hearings which may include taking of evidence and shall file a report and recommendations that contain findings of fact, conclusions of law, and the name of the court reporter, if any. A time and place shall be assigned for the proceedings as soon as reasonably possible after this referral is made and notice shall be given to each of the parties either by the Magistrate or one or more of the parties.A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALL PARTIES. YOU ARE ENTITLED TO HAVE THIS MATTER HEARD BY A JUDGE. IF YOU DO NOT WANT TO HAVE THIS MATTER HEARD BY THE MAGISTRATE, YOU MUST FILE A WRITTEN OBJECTION TO THE REFERRAL PRIOR TO COMMENCEMENT OF THE HEARING. FAILURE TO FILE A WRITTEN OBJECTION IS DEEMED TO BE A CONSENT TO THE REFERRAL. If either party files a timely objection, this matter shall be returned to the undersigned judge with a notice stating the amount of time needed for hearing. IF REQUIRED BY A MAGISTRATE THE ATTORNEYS SHALL PREPARE A © PROPOSED REPORT. FAILURE TO SUBMIT SAID PROPOSED REPORT ON A TIMELY BASIS MAY RESULT IN SANCTIONS BEING IMPOSED BY THE CIRCUIT COURT JUDGE. REVIEW OF THE REPORT AND RECOMMENDATION MADE BY THE MAGISTRATE SHALL BE BY EXCEPTIONS AS PROVIDED IN RULE 1.490(h) FLORIDA RULES OF CIVIL PROCEDURE. A RECORD, WHICH INCLUDES A TRANSCRIPT, MAY BE REQUIRED TO SUPPORT EXCEPTIONS. YOU ARE ADVISED THAT IN THIS CIRCUIT electronic recording is not provided by the court. A party may provide a court reporter at that party’s expense. SHOULD YOU WISH TO SEEK REVIEW OF THE REPORT AND RECOMMENDATION MADE BY THE MAGISTRATE, YOU MUST FILE EXCEPTIONS IN ACCORDANCE WITH RULE 1.490(H), FLORIDA RULES OF CIVIL PROCEDURE. YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A RECORD SUFFICIENT TO SUPPORT YOUR EXCEPTIONS OR YOUR EXCEPTIONS WILL BE DENIED. A RECORD ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS. THE PERSON SEEKING A REVIEW MUST HAVE THE TRANSCRIPT PREPARED IF NECESSARY FOR THE COURT’S REVIEW. After conclusion of the proceedings, if exceptions to the Magistrate’s Report are filed, A COPY OF SAME SHALL BE CONTEMPORANEOUSLY SUBMITTED TO THE MAGISTRATE and the Magistrate shall have reserved jurisdiction to conduct such re-hearing as the Magistrate determines appropriate. Such reservation shall not restrict the jurisdiction of the circuit court to proceed on the exceptions. DONE AND ORDERED in Collier County, Florida this C2 day of September, 2011. Ben Meni Z Circuit Court JudgeService List Y James C. Degelman c/o Sean A. Mickley, Esq. Kaufman, Englet & Lynd, PLLC 111 N Magnolia Ave., Suite 1500 \ Orlando, FL 32801 we Vv Tenant #1 NKA Dave Mason ! 626:93td'Ave.'N. Naples, FL 34108 Law Offices of David J. Stern, P.A. 900 South Pine Island Road, Suite 400 Plantation, FL 33324 v Allertell) Lau’