Cadence Bank v. CMH Invests Inc. et al

Florida Middle District Court
Judge:Kathryn Kimball Mizelle
Referred: Christopher P Tuite
Case #: 8:25-cv-01143
Nature of Suit220 Real Property - Foreclosure
Cause28:1332 Diversity-(Citizenship)
Case Filed:May 05, 2025
Last checked: Monday May 05, 2025 2:07 PM EDT
Defendant
CALUSA TRACE MASTER ASSOCIATION, INC., a Florida not-for-profit corporation
Defendant
CMH INVESTS, INC., as successor by conversion to CMH INVESTS, LLC, a Florida limited liability company
Defendant
MELANIE HENRY
Defendant
CONRAD V HENRY, JR.
Defendant
LAKEVIEW AT CALUSA TRACE CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation
Defendant
Unknown Tenant #1
Defendant
Unknown Tenant #2
Plaintiff
Cadence Bank, a Mississippi banking corporation


Docket last updated: 11 hours ago
Wednesday, May 07, 2025
10 10 order Order Wed 05/07 9:54 AM
ENDORSED ORDER: In the light of the plaintiff's amended complaint (Doc. 9 ), the Order to Show Cause (Doc. 8) is DISCHARGED. The plaintiff adequately alleges complete diversity and thus subject-matter jurisdiction lies in this court. Signed by Judge Kathryn Kimball Mizelle on 5/7/2025. (BTM)
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Tuesday, May 06, 2025
9 9 cmp Amended Complaint Tue 05/06 7:22 PM
AMENDED COMPLAINT against All Defendants filed by Cadence Bank. Related document: 1 Complaint filed by Cadence Bank.(Walton, Sarah)
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Att: 1 Exhibit Mortgage,
Att: 2 Exhibit MH Guaranty,
Att: 3 Exhibit CH Guaranty,
Att: 4 Exhibit Invests Guaranty
8 8 order Order Tue 05/06 2:08 PM
DISCHARGED per Endorsed order 10. ENDORSED ORDER: The plaintiff bears the burden of establishing subject matter jurisdiction. DeRoy v. Carnival Corp. , 963 F.3d 1302, 1311 (11th Cir. 2020). To establish diversity jurisdiction, the plaintiff must assert that the parties are completely diverse in citizenship and that the amount in controversy exceeds $75,000 exclusive of interests and costs. 28 U.S.C. § 1332(a). A corporation is a citizen "of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business." Id. § 1332(c)(1). A natural person is a citizen where he is domiciled, McCormick v. Aderholt , 293 F.3d 1254, 1257-58 (11th Cir. 2002), and an allegation of residence alone is not enough, Travaglio v. Am. Exp. Co. , 735 F.3d 1266, 1269 (11th Cir. 2013). In the complaint, the plaintiff does not adequately allege the citizenship of any party. No later than May 20, 2025, the plaintiff must remedy these deficiencies and explain why this Court has subject-matter jurisdiction. Signed by Judge Kathryn Kimball Mizelle on 5/6/2025. (BTM) Modified text on 5/7/2025 (BD)
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7 7 service Summons issued Tue 05/06 10:50 AM
SUMMONS issued as to CMH Invests, Inc., Calusa Trace Master Association, Inc., Conrad V. Henry, Jr, Melanie Henry, Lakeview at Calusa Trace Condominium Association, Inc., Unknown Tenant #1, Unknown Tenant #2. (JDR)
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6 6 order Standing Order Tue 05/06 10:18 AM
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Each party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 5/6/2025. (BTM)
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5 5 utility Case Assigned/Reassigned Tue 05/06 8:23 AM
NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Christopher P. Tuite. New case number: 8:25-cv-1143-KKM-CPT. (ARL)
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Monday, May 05, 2025
4 4 misc Disclosure Statement - LR 3.03 and FRCP 7.1 Mon 05/05 4:02 PM
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Cadence Bank, a Mississippi banking corporation. (Walton, Sarah)
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3 3 notice Notice of Lead Counsel Designation Mon 05/05 4:01 PM
NOTICE of Lead Counsel Designation by Sarah St. John Walton on behalf of Cadence Bank, a Mississippi banking corporation. Lead Counsel: Sarah S. Walton. (Walton, Sarah)
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2 2 notice Notice of lis pendens Mon 05/05 4:01 PM
NOTICE of lis pendens by Cadence Bank, a Mississippi banking corporation (Walton, Sarah)
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1 1 cmp Complaint Mon 05/05 2:44 PM
COMPLAINT against All Defendants (Filing fee $405 receipt number AFLMDC-23321849) filed by All Plaintiffs.(Walton, Sarah)
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Att: 1 Exhibit Mortgage,
Att: 2 Exhibit Guaranty - M Henry,
Att: 3 Exhibit Guaranty - C Henry,
Att: 4 Exhibit Guaranty - CMH Invests,
Att: 5 Proposed Summons CMH Invests, LLC,
Att: 6 Proposed Summons Melanie Henry,
Att: 7 Proposed Summons Conrad Henry, Jr.,
Att: 8 Proposed Summons Calusa Trace,
Att: 9 Proposed Summons Lakeview,
Att: 10 Proposed Summons Unknown Tenant #1,
Att: 11 Proposed Summons Unknown Tenant #2,
Att: 12 Civil Cover Sheet