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Filing # 184049926 E-Filed 10/16/2023 02:38:48 PM
IN THE CIRCUIT COURT OF THE THIRD
JUDICIAL CIRCUIT IN AND FOR COLUMBIA
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 23000457CAAXMX
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS TRUSTEE FOR THE CIM TRUST 2023-NR1
MORTGAGE-BACKED NOTES, SERIES 2023-NR1,
Plaintiff,
vs.
SHIRLEY M. BENNETT A/K/A SHIRLEY MAE BENNETT, et al.
Defendant(s).
/
PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO EFFECTUATE
SERVICE OF PROCESS
Plaintiff, US. BANK TRUST COMPANY, NATIONAL ASSOCIATION NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE CIM TRUST 2023-NR1
MORTGAGE-BACKED NOTES, SERIES 2023-NR1, by and through the undersigned attorney
hereby files this Motion for Extension of Time to Effectuate Service of Process and in support
states as follows:
1 On June 9, 2023, Plaintiff filed its complaint in the instant action for residential
mortgage foreclosure.
2 On June 9, 2023, summons were issued on the Defendants.
3 On June 12, 2023, Plaintiff's counsel was advised by its client to place its file on
hold on a Loss Mitigation hold. Accordingly Service of Process attempts were suspended in
QUO AA UNOCAL
22-057357 - BrM
PAGE 1
Electronically Filed Columbia Case # 23000457CAAXMX 10/16/2023 02:38:48 PM
order to ensure that the Defendants loss mitigation rights were not violated. At this time, Loss
Mitigation is still in process.
4 Plaintiff hereby moves this Honorable Court for an extension of time in which to
serve process upon the above named Defendants. Pursuant to Florida Rules of Civil Procedure
1.070, Plaintiff hereby requests this Honorable Court grant an additional 120 days to effectuate
service. The Rule states in pertinent part:
Fla. R. Civ. P. 1.070(j). Summons; Time Limit. If service of the initial process
and tial pleading is not made upon a defendant within 120 days after filing of
the initial pleading directed to that defendant the court, on its own initiative after
notice or on motion, shall direct that service be effected within a specified time or
shall dismiss the action without prejudice or drop that defendant as a party;
provided that if the plaintiff shows good cause or excusable neglect for the failure,
the court shall extend the time for service for an appropriate period. When a
motion for leave to amend with the attached proposed amended complaint is filed,
the 120-day period for service of amended complaints on the new party or parties
shall begin upon the entry of an order granting leave to amend. A dismissal under
this subdivision shall not be considered a voluntary dismissal or operate as an
adjudication on the merits under rule 1.420(a)(1).
5 On October 10, 2023 this Honorable Court issued an Order of Dismissal stating
that case will be dismissed on November 10, 2023, if service is not completed or Plaintiff does
not show good cause. See copy of the Order attached as exhibit "A".
6. Plaintiff prays that this motion be considered a showing of good cause as to why a
dismissal should not be entered.
7
This Motion is made in good faith and not for purposes of delay.
WHEREFORE, the Plaintiff respectfully requests this Court enter an Order granting
Plaintiff's Motion for Extension of Time to Effectuate Service of Process.
22-057357 - BrM
PAGE 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
the parties listed on the attached service list via Mail and/or E-mail in accordance with the
corresponding addresses listed therein on this 16 day of October, 2023.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: flmail@raslg.com
By: _\S\Caleb Hoesing_
Caleb Hoesing, Esquire
Florida Bar No. 1032063
Communication Email: calhoesing@raslg.com
SERVICE LIST
SHIRLEY M. BENNETT A/K/A SHIRLEY MAE BENNETT
3104 OLD WIRE SW
FT WHITE, FL 32038
UNKNOWN SPOUSE OF SHIRLEY M. BENNETT A/K/A SHIRLEY MAE BENNETT
3104 OLD WIRE SW
FT WHITE, FL 32038
22-057357 - BrM
PAGE 3
Filing # 183623244 E-Filed 10/10/2023 11:56:01 AM
IN THE CIRCUIT COURT, THIRD JUDICIAL CIRCUIT,
IN AND FOR COLUMBIA COUNTY, FLORIDA
U.S. BANK TRUST COMPANY, NATIONAL CASE NO. 12-2023-CA-457
ASSOCIATION NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS TRUSTEE FOR
THE CIM TRUST 2023-NR1 MORTGAGE-BACKED
NOTES, SERIES 2023-NR1,
Plaintiff,
VS.
EXHIBIT "A"
SHIRLEY M. BENNETT A/K/A SHIRLEY
MAE BENNETT, et al.,
Defendant(s).
/
ORDER OF DISMISSAL WITHOUT PREJUDICE
FOR FAILURE TO EFFECT SERVICE OF PROCESS
Upon the Court’s review of the court file, the Court finds as follows:
The complaint in this action was filed on June 9, 2023,
The court file does not reflect that service of process has been obtained on the defendant(s).
More than 120 days have passed since the complaint was filed.
Rule 1.070(j), Florida Rules of Civil Procedure states: “If service of the initial process and
initial pleading is not made upon a defendant within 120 days after filing of the initial
pleading directed to that defendant the court, on its own initiative after notice or on motion,
shall direct that service be effected within a specified time or shall dismiss the action
without prejudice or drop that defendant as a party; provided that if the plaintiff shows
good cause or excusable neglect for the failure, the court shall extend the time for service
for an appropriate period.”
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
This action shall be dismissed without prejudice on November 10, 2023, without
further notice, unless the plaintiff effects service on the defendant(s) prior to that time and files
such with the Clerk of Court or shows good cause in writing on or before said date as to why
this action should not be dismissed.
DONE AND ORDERED in Lake City, Columbia County, Florida on this 10th day of
October 2023.
Digitally signed by Melissa
tt i
Gates Olin, Circuit Judge
Date: 2023.10.10 11:36:59
-04'00'
MELISSA G. OLIN, CIRCUIT JUDGE
Page 1 of 2
Case No. 12-2023-CA-457
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished using the
Florida Court’s E-Filing E-Portal, via U.S. Mail, and/or Electronic Mail in accordance with the
corresponding addresses listed therein on this 10th day of October 2023, to the following:
Can Guner, Esquire
FLmai
ELMAy asly.com
Attorney for Plaintiff
Digitally signed by
Alisha Newman
i) yg, Date: 2023.10.10
11:48:49 -04'00°
By:
Judicial Assistant
Page 2 of 2
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Filing # 184049926 E-Filed 10/16/2023 02:38:48 PM IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT IN AND FOR COLUMBIA COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 23000457CAAXMX U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE CIM TRUST 2023-NR1 MORTGAGE-BACKED NOTES, SERIES 2023-NR1, Plaintiff, vs. SHIRLEY M. BENNETT A/K/A SHIRLEY MAE BENNETT, et al. Defendant(s). / PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO EFFECTUATE SERVICE OF PROCESS Plaintiff, US. BANK TRUST COMPANY, NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE CIM TRUST 2023-NR1 MORTGAGE-BACKED NOTES, SERIES 2023-NR1, by and through the undersigned attorney hereby files this Motion for Extension of Time to Effectuate Service of Process and in support states as follows: 1 On June 9, 2023, Plaintiff filed its complaint in the instant action for residential mortgage foreclosure. 2 On June 9, 2023, summons were issued on the Defendants. 3 On June 12, 2023, Plaintiff's counsel was advised by its client to place its file on hold on a Loss Mitigation hold. Accordingly Service of Process attempts were suspended in QUO AA UNOCAL 22-057357 - BrM PAGE 1 Electronically Filed Columbia Case # 23000457CAAXMX 10/16/2023 02:38:48 PM order to ensure that the Defendants loss mitigation rights were not violated. At this time, Loss Mitigation is still in process. 4 Plaintiff hereby moves this Honorable Court for an extension of time in which to serve process upon the above named Defendants. Pursuant to Florida Rules of Civil Procedure 1.070, Plaintiff hereby requests this Honorable Court grant an additional 120 days to effectuate service. The Rule states in pertinent part: Fla. R. Civ. P. 1.070(j). Summons; Time Limit. If service of the initial process and tial pleading is not made upon a defendant within 120 days after filing of the initial pleading directed to that defendant the court, on its own initiative after notice or on motion, shall direct that service be effected within a specified time or shall dismiss the action without prejudice or drop that defendant as a party; provided that if the plaintiff shows good cause or excusable neglect for the failure, the court shall extend the time for service for an appropriate period. When a motion for leave to amend with the attached proposed amended complaint is filed, the 120-day period for service of amended complaints on the new party or parties shall begin upon the entry of an order granting leave to amend. A dismissal under this subdivision shall not be considered a voluntary dismissal or operate as an adjudication on the merits under rule 1.420(a)(1). 5 On October 10, 2023 this Honorable Court issued an Order of Dismissal stating that case will be dismissed on November 10, 2023, if service is not completed or Plaintiff does not show good cause. See copy of the Order attached as exhibit "A". 6. Plaintiff prays that this motion be considered a showing of good cause as to why a dismissal should not be entered. 7 This Motion is made in good faith and not for purposes of delay. WHEREFORE, the Plaintiff respectfully requests this Court enter an Order granting Plaintiff's Motion for Extension of Time to Effectuate Service of Process. 22-057357 - BrM PAGE 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the parties listed on the attached service list via Mail and/or E-mail in accordance with the corresponding addresses listed therein on this 16 day of October, 2023. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: flmail@raslg.com By: _\S\Caleb Hoesing_ Caleb Hoesing, Esquire Florida Bar No. 1032063 Communication Email: calhoesing@raslg.com SERVICE LIST SHIRLEY M. BENNETT A/K/A SHIRLEY MAE BENNETT 3104 OLD WIRE SW FT WHITE, FL 32038 UNKNOWN SPOUSE OF SHIRLEY M. BENNETT A/K/A SHIRLEY MAE BENNETT 3104 OLD WIRE SW FT WHITE, FL 32038 22-057357 - BrM PAGE 3 Filing # 183623244 E-Filed 10/10/2023 11:56:01 AM IN THE CIRCUIT COURT, THIRD JUDICIAL CIRCUIT, IN AND FOR COLUMBIA COUNTY, FLORIDA U.S. BANK TRUST COMPANY, NATIONAL CASE NO. 12-2023-CA-457 ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE CIM TRUST 2023-NR1 MORTGAGE-BACKED NOTES, SERIES 2023-NR1, Plaintiff, VS. EXHIBIT "A" SHIRLEY M. BENNETT A/K/A SHIRLEY MAE BENNETT, et al., Defendant(s). / ORDER OF DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO EFFECT SERVICE OF PROCESS Upon the Court’s review of the court file, the Court finds as follows: The complaint in this action was filed on June 9, 2023, The court file does not reflect that service of process has been obtained on the defendant(s). More than 120 days have passed since the complaint was filed. Rule 1.070(j), Florida Rules of Civil Procedure states: “If service of the initial process and initial pleading is not made upon a defendant within 120 days after filing of the initial pleading directed to that defendant the court, on its own initiative after notice or on motion, shall direct that service be effected within a specified time or shall dismiss the action without prejudice or drop that defendant as a party; provided that if the plaintiff shows good cause or excusable neglect for the failure, the court shall extend the time for service for an appropriate period.” WHEREFORE, it is hereby ORDERED AND ADJUDGED: This action shall be dismissed without prejudice on November 10, 2023, without further notice, unless the plaintiff effects service on the defendant(s) prior to that time and files such with the Clerk of Court or shows good cause in writing on or before said date as to why this action should not be dismissed. DONE AND ORDERED in Lake City, Columbia County, Florida on this 10th day of October 2023. Digitally signed by Melissa tt i Gates Olin, Circuit Judge Date: 2023.10.10 11:36:59 -04'00' MELISSA G. OLIN, CIRCUIT JUDGE Page 1 of 2 Case No. 12-2023-CA-457 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished using the Florida Court’s E-Filing E-Portal, via U.S. Mail, and/or Electronic Mail in accordance with the corresponding addresses listed therein on this 10th day of October 2023, to the following: Can Guner, Esquire FLmai ELMAy asly.com Attorney for Plaintiff Digitally signed by Alisha Newman i) yg, Date: 2023.10.10 11:48:49 -04'00° By: Judicial Assistant Page 2 of 2