.

::

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF

FLORIDA, FT. MYERS 2DI; ;~;jii'\ 28 PN 12: 13

US BANK NATIONAL ASSOCIATION,

AS TRUSTEE FOR GSMPS 2004-4
Plaintiff
v.
CASE NO. ~: 11- CV·~J 7/- rtNt-2..'lSPG
Larry R. Bradshaw State case # 08-CA-055974
18291 Useppa Rd.
Ft. Myers, Florida 33912
Defendant,
--------------------------
/

NOTICE OF REMOVAL

PLEASE TAKE NOTICE that pursuant to 28 U.S.C. §§ 1331(Federal

Question) 15 U.S.C. § 1692(e), 18 U.S.C. § 1346, 1332 Diversity Jurisdiction),

1441 (Removal Generally)1443(1) (Civil Right), 1446(a) & Rule 11 FRCP,42

U.S.C. 1983 (Civil action for deprivation of rights), 1985(2) &(3), and 1986

(Action for neglect to prevent), the defendant, Larry R. Bradshaw, hereby removes

this action from the Twelfth Judicial Circuit in and for Lee County, Florida to the

United States District Court Middle District of Florida Ft. Myers Division. In

support of removal, Defendant submits the following:

SUMMARY

Where the State court was created for the protection of citizens rights

secured by the Constitution from which the court obtains its power, the Twentieth

judicial circuit in and for Lee County has not only lost its way but has become at

I
least in this case a conspirator to deprive the defendant Larry R. Bradshaw of his

rights to substantive and procedural "due process" and "equal protection" of the

law. The court's blatant refusal to abide by the State and Federal Constitutions and

laws made thereunder, including the rules of Court established for the express

purpose to safe-guard the defendant's rights to procedural due process, including

conspiring with the law Firm of Florida Default Law Group, P.L., DBA

Exhevarria, Codillis & Stawriski, to prevent Larry R. Bradshaw from attending a

critical hearing set and noticed for hearing in Judge McHugh's court at 11:00 a.m.,

on the fifth floor of the Lee County Court House on February 22,2010, which

Larry R. Bradshaw was present, while the hearing was actually held in Judge

Richards court on the first floor in which attorney's for the plaintiff were present

(minutes of February 22,2010 Judge Richards and the attorney's were seen in the

locked court room by Larry R. Bradshaw and his father) after the hearing was

concluded. The motion was denied by Judge Richards. However, on 311512010

Judge McHugh issued a corrected order regarding the February 22, 2010 hearing

wherein he claimed to have heard the motion and argument from both plaintiff

counsel and defendant wherein he granted plaintiffs motion to compel discovery.

Some months later Larry R. Bradshaw was in the court observing the docket and

discovered the minutes of the Richards hearing on February 22, 2010 had been

changed from denied to granted. (See Exhibit D-land D-2) Exhibit D-l is time

2
stamped across the top of the document by the clerk of court, while the substitute

document (Exhibit D-2) is filed stamped with no signature on the bottom of the

page. The court has further refused over objections, to comply with the rules of

Court and Judicial Administration, regarding attorney of record, where the motion

filed in the case are signed by attorneys who have not made the proper appearance

in violation of the rules and decisional law of the 2nd District Court of Appeals,

who did address the issue on point in Pasco County v. Quail Hollow Prop., 693 So.

2d 82 (Fla. App. 2 Dist. 1997). The State Court has conspired with Florida Default

Law Group, P .L. and the 19 attorneys and 5 judges, have contributed to the

conspiracy to deprive Larry R. Bradshaw of his Constitutional Right and has

caused great emotional distress and economic injury to Larry R. Bradshaw. This

court has federal question jurisdiction in that Larry R. Bradshaw's constitutional

right s were egregiously violated by the State court's disregard of Federal Law

(FDCP A) and the fundamental rules of Judicial administration, including the Rules

of Civil Procedure, Judicial Cannons, and the professional requirement of the

Florida Bar, that governs attorney ethics.

Coming to the realization after the third foreclosure action (08-CA-055974,

that was voluntarily dismissed twice before), that the court was participating in a

"fraud on the court" designed to prevent defendant Larry R. Bradshaw from

defending his rights to due process of law. Defendant in desperation filed a Writ of

3
Mandamus with the second District Court of Appeals. In an apparent defiance of

their own holding regarding the requirements of notice of appearance and their

rulings that pleading and motions signed by attorney's not of record were legally

nullities, (which is evident in the record in both cases 07-CA-011562 and 08-CA-

055974), denied defendant application for Writ of Mandamus that sought an order

to the trial court to dismiss case number 08-CA-055974 and reopen 07-CA011562,

and grant defendant's motion to dismiss with prejudice or in the alternative motion

for summary judgment, on the grounds that all motions filed in both cases after the

original complaint were signed by attorney's not of record. Fraud on the Court and

Conspiracy to Fraud on the Court engaged in by the trial judges and opposing

attorneys should not only "shock" the conscience of any respectable court, it

should cause an investigation of possible criminal activity. Larry R. Bradshaw

believes that because he is not an attorney, the attorneys and judges conspired to

prevent him from defending his rights under the Constitution and laws of the

United States, so that the attorney's could save face for their gross incompetence.

CAUSE OF ACTION

The facts contained in each cause of action are herein restated and
incorporated into each successive cause of action, and the application
for Wirt of Mandamus with its exhibits contained in the trial court
record is herein incorporated by reference.

1. In Case 07-CA-11562 "the Firm" via attorney Kiersten Jensen filed the

original complaint, but then left "the Firm". Ms. Jensen did not withdraw

4
 from the case, and no other attorney filed a notice of appearance. When

defendant objected to the unauthorized substitution of counsel, the court

ordered plaintiff to resolve the issue of who represents plaintiff (order dated

April 18, 2008 Judge Steinbeck). That order was disregarded by "the Firm"

who continued the illegal substitution of counsel until the case was

dismissed by the court (substitute judge, Judge Adams), under protest by

defendant who had filed, served and set the hearing on his motion to dismiss

with prejudice or in the alternative summary judgment. "The Firm" was in

violation of a court order, and any motions, objections or pleadings were a

violation of Rule 2.060 U) of the Florida Rule of Judicial Administration and

so held by the 2nd DCA in Pasco County v. Quail Hollow Prop., 693 So. 2d

82 (Fla. App. 2 Dist. 1997).

2. In case number 08-CA-055974 "the Firm" continued the unlawful practice

of substituting counsel without complying with Rule 2.060U) over written

and verbal objection by defendant, falling on deaf ear of the musical judges

(McHugh, Richards, Stems, McIver, Thompson, and Schriber, & Hawthorn)

who have participated in case number 08-CA-055974 to this date, in

violation of petitioner due process rights protected by the United States

Constitution, and the Constitution of the state of Florida, codified in the

5
 Civil Rules of Procedure, Rules of Judicial Administration, and the Bar Rule

of Professional Conduct.

3. On February 22, 2010 @ 11:00 am, a hearing was set and notice served, for

plaintiffs motion to compel discovery in Judge McHugh's Court. Defendant

was present in Judge McHugh's court room. While checking in with the

Judicial Assistant (hereafter JA), defendant learnedthe hearing on plaintiffs

motion was being heard by Judge Richards. Defendant hurried to Judge

Richards's court room on the first floor only to find the door locked, but

recognized one attorney Gregg Goetz who had represented plaintiff in past

hearing. Defendant immediately returned to judge McHugh's court, where

the JA escorted defendant to Judge Richards's court room. Upon arrival, the

door was still locked, but the attorney's were gone. The JA asked defendant

to wait while she found someone with a key to the court room. She returned

with a deputy sheriff who had a key and did unlock the door. Once inside the

JA checked the computer and told defendant that the motion was heard by

Judge Richards, and denied. Defendant obtained a copy of the minutes (see

exhibit D-l) which showed the motion to compel was denied. On 3/15/1 0

Judge McHugh issued a "corrected Order" on Plaintiffs Motion to Compel,

where he claimed that he heard the motion and granted same (see Exhibit D-

3). On or about December 2011 defendant found the minutes from Judge

6
 Richards February 22,2010 hearing had been changed to granted. (See

Exhibit D-2). The above actions by Judge Richards and Judge McHugh was

simply "fraud on the Court" done in violation of the very rudiment of

substantive and procedural due process, Judicial Cannons, Bar Association

Rules and, Constitutional protections of 42 U.S.C § 1983, 1985 and 1986

wherein the judges had a duty to protect and a duty to honest service, and to

uphold the integrity of the judiciary.

4. In the original complaint u.S. Bank National Association as Trustee for

GSMPS 2004-4 (425 Walnut Street Floor 1 Cincinnati, OH 45202)

claims @ 2. The firm has complied with the notice requirement of the Fair

Debt Collection Practices Act 15 U.S.C. § 1692., et seq., as amended

hereafter the Act. The Firm is alleged to be Florida Default Law Group, P.L.

(hereafter "the firm"), and alleges in its demand letter (Exhibit D-5 & 6)

that it is a debt collector, attempting to collect a debt. However, the Articles

of Organization of Florida Default Law Group, P.L. Article V., (Exhibit D-

4) prohibits the Firm's engaging in any business other than the practice of

law. Being the Act applies to attorneys when they are collecting debts, and

their statement contained in the October 6, 2008 & December 19, 2008

demand letter clearly states that the Firm is a debt collector, the Firm was

clearly not pursuing any legal remedy of the creditor or creditors which

7
 could exempt the Firm from the Act. Therefore, by issuing the demand

letter, knowing the Firm was prohibited from engaging in the business of

debt collection, the Firm has violated 15 V.S.C. § 1692(e), that prohibits

debt collectors from making false, deceptive or misleading representation, or

implication that the debt collector is vouched for or threatening to take

actions that cannot legally be taken, such as filing suit before complying

with the notice and validation requirements of 15 V.S.C. § 1692 et seq.,

which neither the plaintiff nor the Firm did. Because the corporate charter

of Florida Default Law Group and DBA Exhevarria, Codillis & Stawriski,

(Exhibit D-4) prohibits the engaging in any business other than the practice

of law, the demand letters dated October 06,2008 and December 19,2008

are legal nullities, because the requirements of the FDCP A have not been

satisfied, nor does Florida Default Law Group, P .L. have capacity or

standing of agency as a debt collector.

5. "The Firm" after the second voluntary dismissal (Case Number 07-CA-

11562), which operates as an adjudication on the merits when served by a

plaintiff who has once dismissed in any court an action based on or

including the same claim, filed the third foreclosure under the name of US.

Bank as Trustee for GSMPS 2004-4 which includes the same claim, in

violation of Florida Civil Rules of Procedures Rule 1.420(a)(1)(B), and

8
 constitute a deprivation of Constitutional rights to due process and equal

protection as well as honest service by government officers.

6. The Court in case number 07-CA-llS62 hearing on defendant's motion for

summary judgment, dismissed the case without proof by plaintiff that a

timely served voluntary dismissal had been filed, over objection of

defendant that voluntary dismissal was prohibited at a "summary judgment"

hearing, pursuant to Florida Civil Rule 1.420(a)(1)(A), a violation of

fundamental "due process" of law.

"The Firm" later admitted in the third filing against the same property

and defendant, under the name of U.S. Bank National Association as trustee

for GSMPS 2002-4 (State case number 08-CA-OSS974) that "the Firm" had

filed the previous action (07-CA-OllS62) in the name of the wrong plaintiff.

7. "The Firm" knowingly sent a third demand letter in the name of U.S. Bank

National Association as Trustee for GSMPS 2004-4, the demand letters

failed to comply with the provisions of subchapter "V" a violation of IS

U.S.C. § 1692k, which invalidates the demand of IS U.S.C § 1692g

(Validation of debt), which challenges plaintiff standing to file a foreclosure

action in State court on ripeness grounds.

8. Both Plaintiffs, Washington Mutual et al, and U.S. Bank via "the Firm"

mailed or caused to be mailed in violation of the mail fraud provisions of 18

9
 v.S.C. § 1346 where "the Firm's" charter, prohibited the firm's engaging in

the debt collection business, the demand letters for the collection of debt are

legal nullities, and the Complaint and following motions rise to the level of

sham pleadings. "The Firm" also mailed or caused to be mailed an unsigned

letter dated June 21,2010, containing a HUD 9539 Form, which informed

the current occupant that the property was about to be foreclosed, and the

ownership of the property to be transferred to V.S. Bank National

Association, as Trustee for GSMPS 2004-4 within the next 60 to 90

days.(Exhibit D-8) The anticipation of imminent foreclosure by "the Firm"

strongly suggest a collusion with the court, and knowledge of its pending

decision in the plaintiff s favor. The unsigned letter appears to be an idle

threat made with intent to cause emotional distress and further financial

hardship on the defendant a violation of 15 V.S.C. § 1692 et.seq. The

Federal District Court has original jurisdiction over provisions of federal law

under 28 V.S.C. § 1441(a) & (b).

9. "The Firm" representing both Washington Mutual et al., and V.S. Bank as

Trustee for GSMPS 2004-4 have made false and misleading representation

concerning the standing of both plaintiff s to file the three foreclosure

action, where there was no recorded assignment to either plaintiff, a

violation of 15 V.S.C. § 1692(e), which raises the question of standing.

10
 10. The value of is in excess of$100,000.00.

11. U.S. Bank is not registered as doing business in the State of Florida which

creates diversity of the parties.

RELIEF REQUESTED

Wherefore, federal laws have been violated by "the Firm" and the plaintiff s

it claims to represent, coupled with egregious "fraud on the Court" by Judges,

Richards and McHugh, and other conspirators and their blatant disregard for both

substantive and procedural due process of law, wherein they have not only

conspired to deprive Larry Bradshaw of his Constitutional protections, of due

process and equal protection of the law, the court has participated in "honest

service fraud" by neglecting their duty to prevent conspiracies actionable under 42

U.S.C. § 1985 and the fact that the court is disinterested in the rules of court and

decisional law that requires attorneys to make an appearance before participating in

the case, and the in the interest of justice defendant Larry R. Bradshaw believe he

cannot obtain a fair trial where the trial judge has conspired to commit constructive

fraud, with intent to deprive Larry R. Bradshaw of his Constitutional Right, and

property, and cause egregious emotional and financial distress, hereby removes

this case to Federal District Court Middle District of Florida Fort Myers,

Submitted ~
~~~

11
 Larry R. Bradshaw
18291 Useppa Rd.
Ft. Myers, Florida 33912
Ph# 239-770-7393

CERTIFICATE OF SERVICE

I, Larry Bradshaw, hereby certify that a true and correct copy of the foregoing has
been sent by U.S. Mail to: Florida Default Law Group P.L. P.O. Box 25018
Tampa, Florida 33622-5018 on the,2£ day of March, 2011.

12
 '!!.JS 44 (Rev. 12/07)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States In September 1974, IS required for the use of the Clerk of Court for the purpose of Initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS DEFENDANTS

U.S. Bank National Association as Trustee for GSMPS 2004-4 Larry R. Bradshaw, et al

(b) County of Residence of First Listed Plaintiff Cincinnati, Ohio County of Residence of First Listed Defendant Lee County Florida
(EXCEPT IN U.s. PLAINTIFF CASES) (IN U.S. PLAfNTIFF CASES ONLY)
NOTE: fN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.

(c) Attorney's (Finn Name, Address, and Telephone Number) Attorneys (lfKnown)
William A. Malone, Florida Bar # 28079 Pro Se
Brian Hummel Florida Bar # 46162

II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL P ARTIES(Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
o I U.S. Government \!II 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government NOI a Party) Citizen of This State 0 I \!II I Incorporated or Principal Place 0 4 \!II 4
of Business In This State

o 2 U.S. Government o 4 Diversity Citizen of Another State flII2 0 2 Incorporated and Principal Place ~ 5 0 5
Defendant of Business In Another State
(Indicate Citizenship of Parties in Item Ill)
Citizen or Subject of a 0 3 0 3 Foreign Nation 0 6 0 6
Forcizn Countrv
IV. NATURE OF SUIT (Placean"X"inOneBoxOnlv)

o 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture 0 422 Appeal 28 USC 158 0 400 State Reapportionment
o 120 Marine 0 310 Airplane 0 362 Personal Injury • 0 620 Other Food & Drug 0 423 Withdrawal 0 410 Antitrust
o 130 Miller Act 0 315 Airplane Product Med. Malpractice 0 625 Drug Related Seizure 28 USC 157 0 430 Banks and Banking
o 140 Negotiable Instrument Liability 0 365 Personal Injury of Property 21 USC 881
> l!!I 450 Commerce
o 150 Recovery of Overpayment 0 320 Assault, Libel & Product Liability 0 630 Liquor Laws ;1!G:PRl'il!'"R'J.;~r'lU'· HJ:S·i!"ll'l,X, 0 460 Deportation
& Enforcement of Judgment Slander 0 368 Asbestos Personal 0 640 R.R. & Truck 0 820 Copyrights 0 470 Racketeer Influenced and
0151 Medicare Act 0 330 Federal Employers" Injury Product 650 Airline Regs. o 830 Patent o Corrupt Organizations
o 152 Recovery of Defaulted Liability Liability 0 660 Occupational 0 840 Trademark 0 480 Consumer Credit
Student Loans 0 340 Marine PERSONAL PROPERTY Safety/Health 0 490 CablelSat TV
(Excl. Veterans) 0 345 Marine Product 0 370 Other Fraud 0 690 Other 0 810 Selective Service
o 153 Recovery of Overpayment Liability 0 371 Truth in Lending ~·(~~iS~(:·I~l9rsE·"
##r:?ryf.~;W1r,'.,~;f;;t.:I!lAB ~KIF:%;~'t)~~!f{~~~ 'jKI < l!;¥~~.1;rl-':fo~'(a 850 Securities/Commodities/
of Veteran's Benefits 0 350 Motor Vehicle 0 380 Other Personal 0 710 Fair Labor Standards 0 861 HIA (I 395ff) Exchange
o 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act 0 862 Black Lung (923) o 875 Customer Challenge
o 190 Other Contract Product Liability 0 385 Property Damage 0 720 LaborlMgmt. Relations 0 863 DlWClDlWW (405(g» 12 USC 3410
o 195 Contract Product Liability 0 360 Other Personal Product Liability 0 730 LaborlMgmt.Reponing 0 864 SSID Title XVI 0 890 Other Statutory Actions
o 196 Franchise In"urv & Disclosure Act 0 865 RSI (405(g)) 0 891 Agricultural Acts
1',;;;.:,:!"c·REM:i1pRep.ERffi¥:r2~o;i';<
~f.ttf:~11,(;mm;RIGH'rS1,"!.1:)'l%·~
:!iIlRIS:IDNi!jRi!I'E!FIa:I()NS~14
0 740 Railway Labor Acttt;W;;EEnE~r~.SIJI;fS:-:;:N1 0 892 Economic Stabilization Act
o 210 Land Condemnation 0 441 Voting 0 510 Motions to Vacate 0 790 Other Labor Litigation 0 870 Taxes (U.S. Plaintiff 0 893 Environmental Matters
o 220 Foreclosure 0 442 Employment Sentence 0 791 Emp!. Ret. Inc. or Defendant) 0 894 Energy Allocation Act
o 230 Rent Lease & Ejectment 0 443 Housing! Habeas Corpus; Security Act 0 871 IRS-Third Party 0 895 Freedom of Information
o 240 Tons to Land Accommodations 0 530 General 26 USC 7609 Act
o 245 Tort Product Liability 0 444 Welfare 0 535 Death Penalty y0"1,)Oj>~GR~,1rJ(,)N~%1¥; o 900Appcal of Fee Determination
o 290 All Other Real Property 0 445 Amer. wlDisabilities· 0 540 Mandamus & Other 0 462 Naturalization Application Under Equal Access
Employment 0 550 Civil Rights 0 463 Habeas Corpus· to Justice
o 446 Amer. w/Disabilities 0 555 Prison Condition v Alien Detainee o 950 Constitutionality of
Other 0 465 Other Immigration State Statutes
C!!: 440 Other Civil Rights Actions

V. ORIGIN (Place an "X" in One Box Only) Appeal to District

Judge from
01 Original 1812 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict o 7 Magistrate
Proceeding State Court Appellate Court Reopened ~~~~~i%~lstnct Litigation
Judzment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSEOFACTION~2~8~U~.S~.C~.1~3~3~1----------------------------------------------------------
Brief description of cause:
violation of FDCPA and fraud on the court
VII. REQUESTED IN o CHECK IF THIS IS A CLASS ACTION DEMAND s CHECK YES only if demanded in complaint:

COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: 0 Yes e No

VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE Michael T. McHugh DOCKET NUMBER 08-CA-055974

DATE SIGNATURE OF ATIORNEY OF RECORD

03/25/2011
FOR OFFICE USE ONLY

APPLYING IFP JUDGE MAG. JUDGE

RECEIPT #
------- AMOUNT
------------- ---------
 2/22/2010 4:23 PM Filed Lee County Clerk of Court

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR

LEE COUNTY, FLORIDA CIVIL ACTION

US Bank National Association,a/fGSMPS

Plaintiff
vs
Bradshaw, Larry R etal
Defendant
------------------------------~/ Case No.: 08-CA •.055974

MINUTES

Date: 2/2211 0 Deputy Clerk: Sylvester

Judge: George Richards Court Reporter:

Attorney for Plaintiff: Greg Goetz [gJ Present 0 NotPresent

Attorney for Defendant: Larry RBradshaw o Present [8]. Not Present

Hearing Information

I:8J Motion to Compel o Granted I:8J Denied o Reserved

D Motion ~ _ D Granted o Denied o Reserved
o Motion _'--- _ D Granted D Denied D Reserved
o Other: __ D Granted o Denied D Reserved
Notes:

Order to be prepared by:

[8J Plaintiff's Attorney o Defendant's Attorney o Order signed in open court

D HEARING CANCELLED

--~ -- .... --- ------- ------

 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
LEE COUNTY, FLORIDA CIVIL ACTION

US Bank National Association, atj GSMPS

Plaintiff
vs
Bradshaw, Larry R etal
Defendant
________________________________ ~I
Case No.: 08-CA-055974

MINUTES

Date: 2122/10 Deputy Clerk: Sylvester

Judge: George Richards Court Reporter:

Attorneyfor Plaintiff Greg Goetz [8] Present o Not Present

Attorney for Defendant: Larry R Bradshaw o Present [gJ Not Present

Hearing Information

[gJ Motion to Compel rgJ Granted o Denied o Reserved

o Motion o Granted o Denied o Reserved
o Motion o Granted o Denied o Reserved

o Other: __ o Granted o Denied o Reserved

Notes:

Order to be prepared by:

[gJ Plaintiffs Attorney o Defendant's Attorney o Order signed in open court

o HEARING CANCELLED

FILED
FEB 22 2010
QIARI.lE GREeN, QfRK
ORaJIT,ICOUNTY a>lJRTS
BY D.C.

0:'"1
 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION

US BANK NATIONAL ASSOCIATION, AS

TRUSTEE FOR GSMPS 2004-4,
Plaintiff,
CASE NO.: 36-2008-CA-055974
vs. DIVlSION:. G

LARRY R. BRADSHA W, ct ai,

Defendant(s).

CORRECTED ORDER ON PLAINTIFF'S MOTION TO COMP£L

. TrHS CAUSE having come before the Court on February 22, 20ro, on Plaintiff's Motion toCompel:

and having reviewed the aforementioned documents and having heard the arguments of Plaintiff's Counsel and the

Defendant, and being otherwise fully advised in the premises, it is

ORDERED AND ADJU])GED as follows:

1. '-Plaintiffs Motion to Compel is bereby GRANTED.

2. Defendant has twenty (20) days to respond to discovery.

DONE AND ORDERED in Chamber at LEE County, day of

________ ,,2010.

Circuit Court Judge

Conformed copies to:

Frances E. Johnson, Esquire
Florida Default Law Group, P.L.
P.O. Box 25018 .
Tampa, Florida 336n-50 18
All parties on the attached Service List

FILE_NUMBER: F08086375 DOC_ID: M012913

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REFERENCE 362504 118517A -1~% (/ '\ 0
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ORDER DATE May 10, 2005

ORDER TIME 10:44 AM

ORDER NO. 362504-005

CUSTOMER NO: 118S17A

CUSTOMER: Jeffrey M. Fuller, Esq

Fuller Holsonback Bivins &
Malloy
Suite 1500
400 North Ashley Drive
Tampa, FL 33602

DQMESTIC FILING

NAME: FLORIDA DEFAULT LAW GROUP,

P.L.

EFFECTIVE DATE:
THE FIFTH BUSINESS DAY PRECEDING
THE DATE THE ARTICLES ARE FILED.

___ ARTICLES OF INCORPORATION

CERTIFICATE OF LIMITED PARTNERSHIP
XX ARTICLES OF ORGANIZATION

PLEASE RETURN THE FOLLOWING AS PROOF OF FILING:

XX CERTIFIED COPY
PLAIN STAMPED COpy
CERTIFICATE OF GOOD STANDING

CONTACT PERSON: Sarah Crutchfield - EXT. 2996

EXAMINER'S INITIALS;
 ARTICLES

OF

FLORIDA DEFAULT LAW GROUP, P.L.

The undersigned, acting as-tile authorized representative of a

member of Florida Default Law Group, P.L., and pursuant to Section
608.407 of the Florida Limited Liability Company Act, and Chapter
621 of the Professional Service. Coxporation and Limited Liability
Company Act, executes the following Articles of Organization:

ARTICLE I. NAME

The name of the professional limited liability company (the

"Company") is:

Florida Default Law Group, P.L.

ARTICLE II. MAILING .AND STREET ADDRESS

OF PRINCIPAL OFFICE

The principal office and mailing address of the professional

limited liability company shall be 9119 Corporate Lake Drive,
Suite 300, Tampa, Florida 33643.

ARTICLE III. INITIAL REGISTERED AGENT AND OFFICE

The street address of the initial registered office of the

Company Ls 400 North Ashley Drive, Suite 1500, Tampa, Florida
33602, and the name of the Company's initial registered agent for
service of process at that address is Jeffery M.Fuller. -

ARTICLE IV. EFFECTIVE DATE AND DURATION

The existence of the Company will commence on the fifth

business day preceding the date that the.se_Art.;i.cles
_of Organiza-
tion are filed with the Florida Department of State and the
l

existence of the Company will continue in perpetuity.

ARTICLE V. PURPOSE

The Company may engage in ev~ry aspect of the practice of law

and shall not engage in any business other than the practice of
law.
 ARTICLE VI. PQWERS

The Company shall have all t.he powers granted to .all profes-
sional limited liability companies by the Professional Service
Corporation and. Limited Liability Company Act except that the
Company shall not have the power to engage in any business other
than the rendition of professional services for which it· was
incorporated as set forth in Article V. Notwithstanding the
foregoing l.the Company may invest its funds in bonds, stocks,
mortgages, real estate, and other types of investment, and the
Company may own any real and personal property that is necessary
for the rendition of the professional services set forth in
Article V.

ARTICLE VII. RENDITION Of PROFESSIONAL SERVICES

The Company shall render the professional services described
in Article V only through its agents, officers,members, and
employees agents who are duly licens~ or otherwise legally
authorized under the laws of the State of Florida to practice law.
The term nemployees" shall not include clerks, secretaries,
bookkeepersr technicians, and other assistants who are not usually
and ordinarily considered by custom and practice to be rendering
professional services to the public for which a license or other
legal authorization is required.

ARTICLE VIII. MEMBERS

No person other than a professional corporation,professional
limited liability company, or an individual, each of which must be
duly licensed or otherwise legally authorized to practice law in
the State or Florida shall be a member of the Company.

ARTICLE IX. MANAGEMENT OF COMPANY

The Company 'aha Ll. be a manager-managed limited liability

company, The name and address of the initial_ manager are as
follows:

Name Address

Michael J. Echevarria 9119 Corporate Lake Drive

Suite 300
Tampa, Florida 33634

-2-
 ARTICLE X. Lno;J;TATlON ON TRANSFER OF OWNERSHIP lNTEREST

The Company may transfer ownership only to persons who are

duly licensed or otherwise legally authorized to practice law in
the State of Florida. In the event that a member:

(i) becomes legally disqualified to practice law

in the state of Florida;

(ii) is elected to a public.o.ffice-_or·~ac:cepts

-em-
ployment; that, pursuant to law, places re-
strictions or limitations upon the rendition
of pro£essional ~ervices as an attorney;

(iii)sells, assigns, corrveys ; pledgesr transfers,

hypothecates, or otherwise disposes of, or
attempts to sell, assign, convey, pledge,
transfer r hypothecate, or o,t.herwise dispose
of, any ownership iriterest in: the Company to
any person ineligible by law or by the Ar-
ticles of Organization to be a member of __ the
Company r or if the sale, pledge, transfer,
assignmentr conveyance, hypothecation, or
other disposition of or attempt to sell,
I

assignr convey, pledge, transfer,

hypothecate, or oCherwise dispose of, any
ownership interest in the Company is done- in
a manner prohibited by law the Articles of
I

Organizationr or the Operating Agreement of

the CompanYi or

(iv) suffers an execution to be levied upon its,

his, or her ownership interest, or the
ownership interes t is subjected to sale or
other process, the effect of which is to vest
any legal or equitable interest in the
ownership interest in some person other than
the member,

the employment of that member will automatically terminate and the

ownership interest of the member immediately shall be deemed
forfeited; .t.he Company immediately shall cai1.cel the ownership
interest of the member; and the member or other person in
possession of t.he.ownership interest shall be enti_tled only to
receive payments for the value of the ownership interest which, in
the absence of an Operating Agreement provisionr· a written
agreement between the Company and its members, or a written
agreement among its members, shall be the net book value as of the
last day of the month preceding the month in which any of the
events enumerated above occurs. The member whose interest becomes
forfeited and are cancelled by the Company shall immediately cease
to be a member, and except as to the member! s right to receive
payment for the interest in accordance with the foregoing

-3 -
provision and the payment of any other sums then lawfully due and
owing to the member by the Company, the member shal.l.terminate I

its, his, or her employment with the Company and shall have no
further financial interest of any -kind in the Company. Any
Operating Agreement provision, a written agreement between the
Company and its members, or a written agreement among its members
addressing these events shall control over these Articles of
Organization.

ARTICLE XI. ALIENATION OF OWNERSHIP INTERESTS

No member of the Company may sell or transfer ownership

interest in the Company except to another professional corpora-
tion, professional limited liability company, or individual, each
of which must be eligible to be a member of the Company and in
compliance with the Operating Agreement .

ARTICLE IV.
.
AMENDMENT OF ARTICLES OF ORGANIZATION

The Articles of Organization of the Company may be amended by

a vote of a Majority-in-Interest of the Members (as that term is
defined in the Operating Agreement of the Company) .

Executed: May 9, 2005

fa M. Fuller
thorized Representative of
chevarria & Associates, P.A.
Member

-4-
 FLORIDA DEFAULT LAW GROUP, P. L.

CERXIFICATE DESIGNATING REGISTERED AGENT

Pursuant to Section 608.415, Florida Statutes, the following

is submitted to designate a registered office and registered agent
in the State of Florida: -

That Florida Default Law Group, P.L., desiring to organize as

a professional limited; liability-company unde r the laws of the
State of Florida with its initial registered office, as indicated
in its ALticles of Organization, at 400 North Ashley Drive, Suite
1500, Tampa, Florida 33602, has named Jeffery M. Fuller as its
agent to accept service of process within the State of Florida.

Having been named as registered agent and to accept service

of process for Florida Default Law Group, P.L. at the place
designated .Ln this certificate, I hereby accept the appointment as
registered agent and agree to act inthis.capacity. I further
agree to comply with the provisions of .alI statutes relating to
the proper and complete performance of my duties, and I am famil-
iar with, and accept the obligations of, my position as registered
agent as provided for in Chapter 608, Florida Statutes.

Executed: .May 9, 2005

05/09/05 9: SlAM
Ib\Echevacria\FLDefaull\AIticlesO!Org5-9-05

-5-
 FLORIDA DEFAULT LAW GROUP, P.L.
ATTORNEYS AT LAW
9119 CORPORATE LAKE DRIVE
3RD FLOOR
TAMPA, FLORIDA 33634

Please reply to: Telephone (8l3) 251-4766

Post Office Box 25018 Telefax (813) 251-1541
Tampa, FL 33622-5018

October 06, 2008

VIA CERTIFIED AND REGULAR MAIL DEMAND LETTER

LARRY BRADSHAW
18291 USEPPA ROAD
FORT MYERS, FL 339675432

Re: Loan No.: 6164361104

Mortgage Servicer: WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO
HOME MORTGAGE, INe.
Creditor: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2004-4
Property Address: 18291 USEPPA ROAD, FORT MYERS, FL 33912

Our File No.: F08086375

Dear LARRY BRADSHAW:

Please be advised this firm represents US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
GSMPS 2004-4. According to our client's records, the above referenced loan is in default. The mortgage payment
due for March 01, 2007 and all subsequentpayments have not been made.

Referenced below is an itemized list of the funds required to bring your loan current and the dates they
werelare due:

March Payment (Due 03/0112007) $1228.87

April Payment (Due 04/01/2007) $1228.87
May Payment (Due 0510112007) $1228.87
June Payment (Due 06/0112007) $1228.87
July Payment (Due 07/0112007) $1228.87
August Payment (Due 08/0 I12007) $1228.87
September Payment (Due 0910112007) $1228.87
October Payment (Due 1010112007) $1228.87
November Payment (Due 11/01/2007) $1228.87
December Payment (Due 1210112007) $1228.87
January Payment (Due 0110112008) $1228.87
February Payment (Due 02/0 I 12008) $1228.87
March Payment (Due 0310112008) $1228.87
April Payment (Due 04/0112008) $1619.99
May Payment (Due 0510112008) $1619.99
June Payment (Due 0610112008) $1619.99

FILE NUMBER: F08086375 oocjo. M012919

l~l~l!l~lllllllll! lll~llll~~
1I1~1I
 July Payment (Due 07/01/2008) $1619.99
August Payment (Due 08/0112008) $1619.99
September Payment (Due 09/0112008) $1619.99
October Payment (Due 1% 112008) $1619.99

Corporate Advance $4831.57

Late Charges $1057.79
Attorney's Fees $35.00
Total Amount Due if payment is received by October 31, 2008 $33239.60

November Payment (Due November 1,2008) $1619.99

Total Amount Due if payment is received on or after November 1, $34859.59
2008, but prior to November 05, 2008

The total amount due must be submitted in the form of a cashier's check, money order or certified funds
made payable to the Trust Account of Florida Default Law Group, P.L ..

Ifpayment is not received on or before November 5, 2008 curing the default, US BANK NATIONAL
ASSOCIA TlON, AS TRUSTEE FOR GSMPS 2004-4 may accelerate the loan by declaring all sums secured by the
Note and Mortgage due and payable. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2004-
4 may exercise any and all remedies permitted by the loan documents and/or by applicable law.

7Upon acceleration, you will still have the right to reinstate the Note. You also have the right to bring a
court action to assert the non-existence of a default or any other defense you may have to acceleration and sale.

Please be advised, that if you previously received a discharge in a bankruptcy involving this loan and did
not sign a reaffmnation agreement, then this letter is not an attempt to collect a debt from you personally.

All figures are subject to the clearance of funds in transit and confmnation by the mortgage holder. The
mortgage holder reserves the right to demand additional funds, before or subsequent to reinstatement ofthe loan, to
correct any error or omission in these figures made in good faith, whether mathematical, clerical, typographical, or
otherwise. The reinstatement figures are also subject to change to reflect any transactions that may occur on or
subsequent to the date of this demand letter.

In accordance with the Housing and Community Development Act of 1987, home ownership counseling is
available from non-profit organizations. If you are in need of financial advice, you may contact a HUD-approved
housing counseling agency. These agencies provide experienced home ownership counseling at no charge to you.
For the agency in your area, call (800) 569-4287.
 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT,
(THE ACT) 15 V.S.C, SECTION 1601 AS AMENDED

The law firm of Florida Default Law Group, P.L. (hereinafter referred to as "law firm") has been retained
by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2004-4 to represent its interests relating
to the promissory Note and Mortgage executed by Larry R. & Eileen J. Bradshaw on October 16, 1998. As of the
date of this letter, the current amount owed to payoff our client is $126,343.30. Additional interest will accrue at the
rate of$19.98 per day after the date of this letter.

UNPAID PRINCIPAL BALANCE $100,596.05

INTEREST 12,863.07
ACCUMULATED LATE CHARGES 1,057.79
ESCROW SHORTAGE 6,994.82
CORPORATE ADVANCE 4,831.57

TOTAL AMOUNT OF THE DEBT $126,343.30

Also, our client may make advances and incur fees and expenses after the date of this letter which are
recoverable under the terms of the the promissory Note and Mortgage. Therefore, if you wish to receive figures to
reinstate (bring your loan current) or pay off your loan through a specific date, please call this law firm at (813) 251-
4766.

Unless you notify this law firm within thirty (30) days after your receipt of this letter that the validity of
this debt, or any portion thereof, is disputed, this law firm office will assume that the debt is valid. If you do notify
this law office in writing within thirty (30) days after receipt of this letter that the debt, or any portion thereof, is
disputed, this law firm will obtain verification ofthe debt or a copy of the judgment against you, if any, and mail it
to you. Also, upon your written request within thirty (30) days after your receipt ofthis letter, this law firm will
provide you with the name and address of the original creditor, if different from the current creditor. is a debt
collector. This law firm is attempting to collect a debt, and any information obtained will be used for that purpose.

Finally, if you previously received a discharge in a bankruptcy involving this loan and did not sign a
reaffirmation agreement, then this letter is not an attempt to collect a debt from you personally.

Written requests should be address to William A. Malone, Esq., Florida Default Law Group, P.L., 9119
Corporate Lake Drive, Suite 300, Tampa, Florida 33634.

This law firm is a debt collector. This law firm is attempting to collect a debt, and any information obtained
may be used for that purpose.
*IMPORTANT IF TENANTS OCCUpy THE PROPERTY*
Pursuant to applicable assignment of rents provision in the the promissory Note and Mortgage (and
pursuant to Florida Statutes Section 697.07) US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS
2004-4 is entitled to an assignment of rents by virtue of the above-referenced default. By law, US BANK
NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2004-4 hereby demands all rents due and/or presently
in your possession upon receipt of this letter and further demands tender of all rental income collected you hereafter.

The notice required by the Fair Debt Collection Practices Act, 15 U.S.c., Section 1601, as amended,
is attached hereto and incorporated herein by reference.

This law firm is a debt collector. This law firm is attempting to collect a debt, and any information obtained
may be used for that purpose.

Florida Default Law Group, P.L.

Attorneys for US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR GSMPS 2004-4

William Andrew Malone

 FLORIDADEFAULTLAWGROUP,P.L.
ATIORNEYS AT LAW
9119 CORPORATE LAKE DRIVE
31U> FLOOR
TAMPA, FLORIDA 33634

Please reply to: Telephone (813) 251-4766

Post OffICe Box 25018 Telefax (813) 25J-l:541
Tampa, FL 33622·5018

December 19, 2008

LARR y BRADSHAW
182\1l USEPPAROAD
FORTMYERS,fL 339675432

Re:
Loan N\ID1bcr. 6]64361104
Mortgage Servicer WELLS FARGO BANK.,NA SUCCESSOR BY MERGER TO
WELLS FARGO H011E MORTGAGE, INC.
Credsor.to.wbom US BANK NATIONAL ASSOCIATION, AS TRUSTEE fOR - .--', --:~
-'.~-'--....
..
:~-.tliedebtis owed~---GSMPS2-0044-- - .- .. .. ... ".- ..•. ."-

·--=Propeny Address: 18291- USEPPAROAD, FORTMYERS, FL 33912 _ .... -'. :-...,.. ..' \;.._.:.
:., ,---
___ ...:.~_File·No.: _F08086375 - .
..:.._.,.,.
__._ .,,",
....
_.::'::~ ::.~-,-,~-=~.:~~'!.:~;
-,-·:·-:::~---#~¥.Fr~":.",.',~...~ ~:;':.'- :. -,;.,' ,..~·_._.r ~.:•....•.
·...___
' :_~· -
Dear Borrower: _.:.... _.,,_ ..

The law firm of Florida Default Law Group, P~. (hereinafter referred to as "law firm") has been retained to
represent US BANK NA TIONAL ASSOCIA nON; AS TRUSTEE FOR GSMPS 2004-4 with regards to its interests
in the promissory Note and Mortgage executed by LARRY BRADSHAW on October 16, 1998. Pursuant to the i--
terms of the promissory Note and Mortgage; ourclielltbas accelerated an sums due and owing, which-means that-the·
entire principal balance and all other sums r:ec6verab!(ilnder the terms of the promJssory Note and Mortgage arc -
now due. - . .

As of the date of this letter, the amount owed to our client is $]26,343.30, which includes the unpaid
principal balance, accrued interest through today, late charges, and other default-related costs recoverable under the
terms of the promissory Note and Mortgage. Additional interest will accrue after the date of this letter.

This correspondence is being sent to comply with the Fair Debt Collection Practices Act and should not be
considered a payoff Jetter. Our client may make advances and incur fees and expenses after the date ofthis letter
which are recoverable under the terms of the promissory Note and Mortgage. Therefore, if you wish to receive
figures to reinstate (bring your loan current) or pay off your loan through a specific dale, please contact this Jaw firm
at (813) 251-4766 or cUent.serviceS@defouJtlawflcom.

Unless you notify this Jaw firm within thirty (30) days after your receipt of this Jetter that the validity of this
debt, or any portion thereof, is disputed. this law firm will assume that the debt is valid. If you do notify this law
firm in writing within thirty (30) days after receipt of this letter that the debt, or any portion thereof; is disputed, this
law firm will obtain verification of the debt or a copy of the judgment against you, if any, and mail it to YOIL Also,
upon your written request witJrin thirty (30) days after your receipt of this letter, this law firm will provide you with
the name and address of the original creditor. if different from the CllITCIlt creditor. Florida Default Law Group, P.L-
is a debt collector. This law firm is attempting to collect a debt, and any information obtained will be used for that
purpose.

_-_.
... _._--
 All written requests should be addressed to William A. Malone, Florida Default Law Group, P.L.. P.O. Box
25018, Tampa. Florida 33622-5018.

This law firm is in the process of filing a Complaint on the promissory Note and Mortgage to foreclose on
real estate. The advice in this letter pertains to your dealings with this law firm as a debt collector. .It does not affect
your dealings with the Court, and in particular, it does rot change the time at which you must answer the Complaint
The Summons is a command from the Court, not from this law firm. and you must follow its instructions even if you
dispute the validity or amount of the debt The advice ill this letter also does not affect this law firm's relations with
the Court. This law firm may file papers in the suit scccrding to the Court's rules II1Id the judge's instructions.

Finally, if you previously received a discharge in II bankruptcy involving this loan and did not sign a
reaffirmation agreement, then this letter i<; 110t an attempt fo collect a debt fram you personally, This law firm is
seeking solely to foreclose the creditor's lien on real estate and this law film will not be seeking a personal money
judgment against you.

If you have questions regarding this matter, please do not hesitate to contact this law firm.

Sincerely,

Florida Default Law Group, Pl.

--,.- ::," ---.:

-.~.=;;.:;..~ -.. ~. .-, "-.: .',,~

I, . ':Florida ·D~fllultLawGroup,P.L. is. adeb!co!l.~c;12r~,·::.ri.£~J!Vm~bat,tem:pfuigjii'-:coI1ed::a~-c,.,~·

'_,,-~'~:.~~~,>.:-.
r~- debt, and infermarion obtained 'may be used for.the.purpose, .. ...-: -.',. ". ".,--.-.~-.
~_;..C
JWN:'30-2010 14:57 FROM:MARV'S PAK/SHIP 239-466-6280 TO: 3526101 P.l

FLORIDA DEFAULT LAW GROUP, P.L.

ATTORNEYS AT LA W
9] ]9 CORPORATE LAKE DRIVE
3RDFLOOR
TAMPA, FLORIDA 33634

Please reply to: Telephone (813) 25 1-4766

Post Office Box 25018 Telefax (813)251-1541
Tampa, FL 33622-5018

June 21, 2010

VIA CERTIFIED MAIL AND V.S. MAIL

CURRENT OCCUPANT
18291 USEPPA ROAD
FORT MYERS, FL 33912

AVISO IMPORTANTE PARA PERSONAS DE

HABLA HISPANA. ESTE ES UN AVISO MUY
IMPORTANTE. SI NO ENTIENDE EL
CONTENIDO, OBTENGA UNA TRADUCCION
IMMEDIATAMENTE. SI USTED NO RESPONDE
DENTRO DE VEINTE (20) DJAS PUEDE SER
QUE LO HAGAN MUDAR DE LA CASA 0
APARTAMENTO EN DONDE VIVE.

Re: Account No. 6164361104

FHA Case No. 098-0063663
Our File No. F08086375

Dear Occupant:

The mortgage for the property in which you are living is about to be foreclosed (sometimes referred to as
repossessed). We expect that ownership of the property will be transferred to US BANK NATIONAL
ASSOCIATION, AS TRUSTEE FOR OSMPS 2004-4 probably within the next 60 to 90 days. Shortly thereafter, it
is probable that ownership will be transfetTed to the Secretary of Housing and Urban Development (HUD).

HUD generally requires that there be no one living in properties for which it accepts ownership unless certain
conditions are met. We have enclosed a copy of those conditions in Attachment l. These conditions should be read
carefully to help you decide whether you wish to apply to continue Jiving in the house.

If you wish to submit a request to continue to live in this property. after HUD becomes owner. your written
request must be received by HUD within 20 days of the date at lhetop of this letter. Oral requests are not permitted.
We recommend that you USethe enclosed Attachment 2, "Request for Occupied Conveyance", in making your
request as it gives HUn iIIformation it needs to make its decision. If you have additional information which you
wish to include with your request, you may write it on the second page of the form or on additional pages which can
be attached to the form. Also, please fill out boxes 1,7 and 8 of the enclosed Attachment 3, "Request for

Serial: 13785185
FILE_NUMBER: F08086375 DOC_IO: M007400

111111111~11~1~~111 I~~IIIIII'IIII
,JU~30-2010
~ 14:57 FROM:MARV'S PAK/SHIP 239-466-6280 TO: 3526101

Verification of Employment", and send it to HUD with your request. Your request must be sent to the Chief
Property Officer at the following address:

Oklahoma Nationwide Office

Michaelson, Connor & Boul
4400 Will Rogers Parkway
Suite 300
Oklahoma City, OK 73108-1837
(405) 595-2000

IfYOD believe that you can meet the condition for a temporary. permanent, or long term illness or injury (see
Item I(d) in Attachment J, "Conditions for Continued Occupancy"), you should say so in your request and include
documentation supporting your claim. This documentation must include 8 projection of the time you could be
moved without severely aggravating the illness or injury. and a statement by a State-certified physician establishing
the validity of your claim.

IfHUD approves your request to remain in the property. it will only be for a temporary period. See
Attachment 4, "Temporary Nature of Continued Occupancy".

IfHUD denies your request, you will be given an opportunity to ask that the denial be reconsidered and to
furnish information relating to the reasons for the request being denied.

IfHUD does not in fact become owner of this property, any decision it may make with respect to your
continued occupancy will no longer apply.

If you have any questions concerning this notice, please contact the Chief Property Officer at the HUD Field
Office shown above. '

IMPORTANT NOTICE
YOU MUST REPLY TO THE HUD FIELD OFFICE IN WRITING WITHIN THE NEXT 20 DAYS OF TIlE
DATE ON TIffS LElTER OR YOU WILL BE REQUIRED TO MOVE FROM THE PROPERTY BEFORE HUD
BECOMES OWNER OF THE PROPERTI'.

Sincerely.

Florida Default Law Group, P.L.

Attachments
NMNC-FHA-csilvcmo
 ~
.JU~-30-2010 14:57 FRoM:MARV'S PAK/SHIP 239-466-6280 TO:3526101 P.3

(Attachment #1 to Mortgagor's Notice of Pending Acquisition)

CONDITIONS FOR CONTINUED OCCUPANCY

The following conditions must be met before HUD can approve the occupied conveyance of an acquired
property:

I. One or more of the following must be sent:

A. Your occupancy is necessary to protect it from vandalism.

B. The average time in inventory for HUD's unsold inventory in the residential area in which the
property is located exceeds six months.

c. With respect to two-to-four-unit properties, the marketability of the property would be improved
by your continuing in occupancy.

D. An individual residing in the property suffers from a permanent, temporary, or long-term illness
or injury that would be aggravated by the process of moving from the property.

2. The house must be habitable (except for approval under condition led»~.

3. You must have been living in the house at least 90 days prior to the date the lender acquires title to the
house (except for approval under condition led»~.

4. You must agree to sign a month-to-month lease at fair market rental on a form prescribed by HVD at the
time HUD acquires the house.

5. You must have the financial ability to make the monthly rental payments under the terms of the lease.

6. You must agree to pay one month's advance rent when you sign the lease (except for approval under
condition l(d».

7. You must allow access to the property during normal business hours:

A. By HUD representatives for a physical inspection of the property, with two days notice.

B. By HUD contractors doing repairs, with two days notice.

c. By real estate brokers and their clients.

8. You must disclose and verify the Social Security~~.wqf78g{~ family members six years of age and
FILE_NeJ61~R: F08086375 DOC_ID: M007400

IIIII1IIIIIII 1IIIilllllllll~l~
 \"" ••••JJJlIglll tt.t. IV lVlongagor·s Nonce 01 t'enomg Acqutsition)

Request (or Occupied Conveyance U,S. Department of Housing and OMB Approval No. 2502-0268
Urban Development
Office of Housin2
Public reporting burden for dais collection of information estimllled to average 0.25 hours per mortgagee and O.S hours per occupant, includin£ the time for reviewing
InsllUctiollS,searching existing dala soarces, gllthering ·and maintaining the daia needed. and oompleting and reviewing the oollection of infhrmation. Send comments
regardin8 this burden estimate or any other aspect of this collection of infonnation, includina sUII~lions for reducing this burden, to the Reports ManaGcment Officer,
Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 204 J 0-3600 ·and to the Office of Manageme,"
and Budget, Papnwork Reduction Projec.t (2502..0268). Wasbington, D.C. 20503.
Privacy Act Statement: The Departmenl of Housing and Urban Developmenl (HUD) is aulhorized to collect this information by 24 CFR 203.67S (b)(3). Section 165 of
lhe Housing and Community Developmellt Act of 1987, 42 U.S.C. 3543, requires persons applying for lSSistancc llflder HUD programs to ti.mish his or her Sotial
Security Number (SSN). The information will c:lNlbIcHUD to dclCl1IIincwhc:1hc:ryou qu!tlify lIS • tenant. to IMlntain tenant rental accounts, and will provide the basis
for faeil ilating the management and administration of the property disposition prollM!. The informlllion will be released to the local real estate broker who manage.!
the property to filcilitatc property Allllegement The informatiOn may be used to facilitate collection of overdue rent! and may be relellSC.dto collection agencies,
consumer reportin& and wmmcrciill credit qeneies. and lIItomeys hired by the Department. II may also be released 10 appropriate Federal, State and local agencies to
filcilill1e oollec:lion of rent and, when relevanl. to civil, criminal, or regulatory' invcstiglllions or prosecutions. The information will not be otherwise di$<:losedor
n:lellSed ouuide of HUD, CXceplllSpermitted or n:quirc:d by law. You must providc all of !he infonnation requcsted, im:hlding all SSNs you and all oth~ household
members of age six (6) years of age and oldcrhave and use. Giving the SSNsofaJl family members 6 years orage and older is mandatory'; liIihm 10 provide dac SSNs
will at1ect your eligibility in lIIe program. Failure to provide the requested information may result in a delay or rejection of your regucstlO remain as an occupanl.
Tltl~fomt '"1151 ". COMDIe~dby ,he OccwHmt(.J. When completed. send 10 the local HUD Oflic:e Manu.er. Attention: ChiefProllCI1Y Officcr
Property Address: I Unit No.:
City, Slatc .t Zip Code:

Name of Moltgagc Company (Lend~) Mortsage Loan No. FHA Case No. :

Dear Sir:
1 (We) desire to continue in occupancy as a tenant of this property ifacquired by HUD. !(We) have lived in this property since ~
(please insert dale). I (We) will sign a month-to-month lease and pay one month's rent within 1.5 days oflhe lease being presented to mc(us). I (We)
believe that we can afford to make monthly rental payments. In my (our) opinion, this property, in its preSCnt condition is StTUCturally sound, free
from health and safety hazards, and is otherwise habitable.
You may contact me (us) for arranging a convenient time for HUI)'s required inspection al the following telephone number
:--_:-- or my (our) representative at . (HUD must be able to mate contact during nonnal working
hours.)
I (We) understand that HUO's approval of my (our) request will, in part, be based on my (our) ability to make monthly rental payments. To
assist HUn in making its determination,l (we) submit the following infonnatit)n concerning my (our) income:

~upanl'S Name: Occupation: Social Security No. Gross Pay Per Month:
s
Employer's Name" Address: Employer's Telephone No.

Spouse's Nl/lle: Occupation: Social Securily No. Gross Pay Pcr Monlll:
$
Employer's Nllllc & Address: Employer's Telephone No.

Names & Social Security Nos. oil Other Hou5eho.Jd Members 6 yrs. Or older:

Other Family Income{explllin): l>thcrSources of Income (lfany):

Obligations (list all obliglllionsinciuding car loans, instaJlment payments, and credit cards)
Crcdito"s Name Address (include city. state.t: zip code) Present Balance Monthlv Pavment
s s

You have my (Qur) permission to contact any of the above for verification purposes
Oi;wpant's Signature Spouses' Signature Date:
X X
Form HUD-9S39
Ref. Handbook 4310.5

-_._-_ .•. --- _._----- --._----_._----

~
 IU:.j::>cbl~l t-'.b

(Attachment #4 to Mortgagee's Notice of Pending Acquisition)

TEMPORARY NATURE OF CONTINUED OCCUPANCY

This is to advise you that occupancy ofHUD-owncd property is not penn anent but is only temporary in all cases and is subject
to termination to facilitate preparing the property for sale and completing its sale. Temporary means that your lease arrangement with
HUD is subject to tennination at the convenience of the government upon 30 days' notice. You should not view your Jiving in this
property as a permanent or long-term arrangement. It is HUD's policy to ask you to vacate the property and, if necessary, take
appropriate eviction action for the following causes:

1. Failure to execute the lease.

2. Failure to pay the required rent, including the initial payment at the time of execution of the lease,

3. Failure to comply with the terms of the lease.

4. Failure to aJlow access to the property to accomplish necessary repairs, inspect the property, or allow real estate
brokers to show the property to a prospective purchaser.

5. Preparation of the property for sale.

6. Assignment of the property by the Field Office to a different use or program.

•
JUN~'30-2010 14:58
c'
FROM:MARV'S PAK/SHIP 239-466-62813 TO: 35261131 P.5

Attachment #3 to Mortgagee's Notice of Pending Acquisition)

Request for Verification of Employment U.S. Department of Housing and Urban HUD OMB Approval No. 2502-0059
Development Veterans Administration V A OMB Approval No. 2900-0460
USDA, Fanners Home Administration FmHA OMS Approval No. 0575-0009

Privacy Act Notice: The. information is to be used by lhe egenc:y coJlCl;ling it in Publi~ reporting burden fur this coll"tion of infonnation is estimllkd to average
determining whether you qualily as a prospective mortgagor under its program. It 1010)0 minutes per response, inCluding the lime for reviewing instructions,
you will not be disclosed outside the a,cncy CKUpt to yo.. cmployer(s) for searching existing dara sources. gathering ~d mainllining tho data needed, and
vcrifi~.tion of employment and as required and permitted by law. You do not complelina and reviewing the collection of informalion. Send comments
have to give us this infonnation, but if you do not, your application for approve! regarding this burden estimaae or any other aspe~ of this collecllon of
as a prOlpcc.:livc mortgl&or or borr:ower may be delayed or rejcc.:ted. The information, in~ludinalUBFStions for reducing this burden, to the Reports
information requested in this fonn is authorized by Title 38, USC, Chapaef 37 MlJlagemcnt Oftil;Cr. 0fIi1;C of Information Policies IJld Systems, U.S,
(iIVA); by 12 USC. Smion 1701 et.seq, (ifHUDIFHA); IJld.Title 42 USC. 1471 Dcpanmcnl of Housing IJld Urban Development, Washington, D.C. 20410-3600
et.seq., or 7 USC., 1921 et, Scq (if USDA, FmHA) IJld to the Office of ManagelftCllt IJld Budget, Paperwork Reduction Project
(2502-0059). Wasbinaton. D.C. 20503.
Lender or Local Processing Agency (LPA): Complete items I through 7. Have the applicant complete items 8 and 9. FOlWITd the compleaed form directly to the
employer named in item I.
Employer: Complete either partS II and IV or p811S III and IV. Return the form directly 10 the lender or local prOl;essing agency named in item 2 of part I.
Part-I R equesae d o.f: R(eaue stcdb ev:
I.Name &: Address of Employer 2. Name de Address of Lender or Local Pro~ssl", Agonl (LPA)

3. Name &: Address of Applicant 4. J I;Crtify that this verification has been sent directly to the employer IJlcl has not
passed through the hands of tho applicant or any other interested party.
SignalUrc of Lcndcr, Official ofLPA Of FmHA Loan Packager
X
1have applied for a mortgage loan or rehabilitation loan IJld stated that I amlwas 5.Tillo
employed by you. My signature in the bl~k below lIU\horizes verification ormy
emolovmenl infonMtion.
a.Applicant·s Signature 19.Employee Indentification Number 6. Date /7.HUDIFHAlCPO. VA or fmHA No.

X
Part II-Verification of Present Emolovment
10. Prescnt Position III.Datc of 112. Probability of 113.b.l~ overtimelbonus likely to continue?
13. a.Salaric:~~'2Ci
S Employment Continuci;l EmplOYmeJlt Commission es No Pi:.llr, r1v~nn
es Nol es No
14. Current Base PayH~a1UMOf1thlyUW"kIyUHOurlY 16& Monthly tUGlo Pay (for Military Personnel Only)
Other (slIecifv):
ISa. Base Earnings Year·to-Datc
S , Past Year
S
Base Pay
S IS
CarecrCPay
IS
Pro Pay

b. Overtime Year-to-Date
s , PaslYcar
S
Flight Pay
S
I ~er (SpecifY)

c. Commissions Ycar-lo-Date
S , Pasl YCIT
S
16b. Monthly Nontaxable
Quarters , VHA ,
Pay (for Mililary Personnel Only)
Clothina
s 1$ /$
d. Bonuses YOIT-to-Daae
$ , Past Year
S
Rations
s
I ~ther (specify)

I 17. Remarks. If paid hourlv. olease indic:ate avera" ham worked each week durinlt current and NSI vear,

Commissions Bonus
S s

Part IV - Certification Federal statutes provide penalties for any fraud. inaentional misrepresentation. or 'rlminel connivlJlc:e or c:onspira~y purposed to inOucn~ the
issuance of any guaranty or insurance by the VA or USDA, FmHA Administrators, or the FHA Commissioner.

22. Signatvrc 23. Title of Employer 24. DIIte

X
Previous Editions may be used until FmHA form 410-S VA form 26-3497 form HUD-92004-G
Supply is exhausted ref. Handbooks415S.I,43JO.S
Case 2:11-cv-00171-JES-SPC Document 5 Filed 04/01/2011 Page 1 of 2 PagelD <pageID>

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

In re: Filing of Documents that Exceed Case No. 2:06-mc-27-FTM-29

Twenty-Five Pages
____________________________ ~---------------.I

STANDING ORDER

In order to facilitate the Court's review of certain documents, the judges of the Fort Myers

Division agree that parties should submit to Chambers a courtesy copy of any document filed

electronically in the Fort Myers Division that exceeds twenty-five (25) pages (including exhibits) in

length. Courtesy copies need not be provided simultaneously with the electronic filing of the

document. However, they should be submitted as promptly as possible and may be provided via

United States Mail or other reliable service.

Accordingly, it is hereby ORDERED:

I. A party who, electronically files a document exceeding twenty-five (25) pages

(including exhibits) in length must provide a courtesy copy of the document (including

exhibits) in paper format to the assigned judge's chambers.

2. In order to implement this requirement, the Clerk of the Court is directed to file this

Standing Order in every new civil case filed in the Fort Myers Division until further

Order.

3. This Standing Order is not applicable to criminal cases.

•
Case 2:11-cv-00171-JES-SPC Document 5 Filed 04/01/2011 Page 2 of 2 PagelD <pageID>

/i 1il
DONE AND ORDERED at Fort Myers, Florida, this 1
_--<_I-- __ day of December, 2009.

For the Court:

John '. teele

Unit d tates District Judge

C/vM.t.4' q,. ErL m&.J<J W-unOI ,l.•••,g ~

A

Charlene E. Honeywell I
United States District Judge

Jj"",,~
Dou~.Frazie;
United States Magistrate Judge

Sheri Polster Chappell

United States Magistrate Judge

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 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF
FLORIDA, FT. MYERS

US BANK NATIONAL ASSOCIATION,

AS TRUSTEE FOR GSMPS 2004-4
Plaintiff
v.
CASE NO. 2:11-cv-171-FtM-29SPC
Larry R. Bradshaw, et al.,
18291 Useppa Rd.
Ft. Myers, Florida 33912
Defendant,
------------------------~
/

RESPONSE TO ORDER TO SHOW CAUSE

The Federal District Court has jurisdiction where there is a complete

diversity of citizenship between the parties and the amount in controversy is in
excess of$ 75,000.00.
(a). The plaintiff U.S. Bank National Association, as Trustee for GSMPS
2004-4 is incorporated in a state other than Florida and its principle places of
business are located in states other than Florida. U.S. Bank, National Association,
as Trustee for GSMPS 2004-4 is listed on the internet website as doing business at
250 E. s" Street Cincinnati, Ohio 45202-8232.
(b). Defendant Larry R. Bradshaw is a United States citizen residing in and
domiciled in Florida at 18291 Useppa Road Fort Myers. FL 33912. No other
defendants have joined the case.
ARGUMENT
While diversity jurisdiction is predicated upon the theory that diversity is
granted to shield the defendant from possible discrimination in a foreign forum i.e.,
when an in-state defendant is being sued in a state court it is expected that he will
not be subject to unfair prejudice. However, in the present case, and as a matter of

[Type text]
"first impression" where the record contains evidence of an unconscionable
scheme sentiently set in motion, calculated to interfere with the judicial system's
ability impartially to adjudicate a matter by unfairly hampering the presentation of
the opposing parties claim's or defenses (Aoude v. Mobil Oil Corp., 892 F. 2d
1115, 1118 (1 st Cir. 1989), crafted by the court acting under "color of law", custom
or policy: and in collusion with plaintiffs legal counsel, designed specifically to
deprive a class of citizens (defendant's) in mortgage foreclosure cases, regardless
of citizenship or residency of the defendant's or plaintiff s, of their rights to due
process and equal protection of the law under the 14thAmendment to the United
States Constitution and parallel protections of the state Constitutions, as well as
federal/state common law', and with the uniformity Rule. But more importantly the
instrument at issue in the original complaint has a contractual nexus to the federal
government via the FHA (Federal Housing Administration) loan, evidenced by the
note attached to the original complaint, and references by plaintiff to the
requirements of the Federal Fair Debt Collection Act, which apparently governs
conflicts involving the FHA loan. Defendant contends a significant nexus between
federal law and the original note invokes the federal common law jurisdiction
under § 1331(EMPlRE HEALTHCHOICE v. McVeigh, 547 U.S. 677 (2006).
The extrinsic frauds of the mass foreclosure docket operates as an auxiliary
court system within the Twentieth Circuit, not supported by statute, rules of court
established by the Florida Supreme Court, nor are there any distinctive procedures
published to guide litigants through the process. From its inception, the goal of the
mass foreclosure docket has been to dispose of as many cases as possible as

1 (A "suit arises under the law that creates the cause of action"). And this Court has explained that § 1331 's statutory
grant of 'jurisdiction will support claims founded upon federal conunon law as well as those of a statutory origin.'"
National Farmers Union Ins., Cas. v Crow Tribe, 471 U.S. 845, 850 (1985); See also Illinois v. Milwaukee, 406 U.S.
91 (1972); 19 C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure § 45] 4, p. 455 (2nded. 1996) ("A
case 'arising under' federal common law presents a federal question and as such is within the original subject matter
jurisdiction of the federal court's"). In other words, "[f]ederal common law as articulated in rules that are fashioned
by court decisions are 'laws' as the term is used in § 1331." National Farmers, supra, at 850.

[Type text]
quickly as possible. By effectively suspending the Civil Rules of Procedure the
court itself has set in motion an artifice to disadvantage defendants, and open the
door for unscrupulous lenders and debt collectors to scam the judicial system and
profit from unlawful foreclosure actions. Such favor by the Lee County Court
system while acting in collusion with the certain law firms, prior to the filing of the
instant case is essentially reverse discrimination against a class of persons known
as defendant's which involves all race and nationality of individual and is of great
public importance, wherein the scheme was designed to entrap, like the string gun
behind the door, whoever, pulls the knob suffers the injury. Where defendant's,
whether black, white, or brown, being citizens of the United States possessing
rights secured by the 14thAmendment and federal law, subjected to the "mass
foreclosure docket" suffer the same faith, defendant's racial status is significantly
connected to terms of racial equality that surpasses black white and raises to a
higher discrimination involving the public at large. Such heightened public interest
when considered with the extrinsic fraud of conspiring to discriminate against
defendants committed by judicial officers, attorneys and surely the lenders
themselves, should invoke 28 U.S.C. § 1443 et seq.
Such egregious acts by state actors, acting under "color" of state law has
awaken the American Civil Liberties Union (ACLU), who recently filed a Petition
for Writ of Certiorari or Writ of Prohibition with Florida's 2nd DCA case number
2Dll-1728, which details the mass foreclosure docket, including specific judge's
contribution to the planned scheme knowing that defendant's Constitutional rights
would be abused, access to the court would be hindered, and defendant's would not
be allowed to present any defense.
As in Hazel-Atlas c«. v. Hartford Co., 322 U.S. 238 (1944) "Equitable
relief against fraudulent judgments in not of statutory creation. It is a judicially
devised remedy fashioned to relieve hardships which, from time to time, arise from

[Type text]
a hard and fast adherence to another court-made rule, ... Created to avert the evils of
archaic rigidity, this equitable procedure has always been characterized by
flexibility which enables it to meet new situations which demand equitable
intervention, and to accord all the relief necessary to correct the particular injustice
involved in these situations.
No fraud is more odious than an attempt to subvert the administration of
justice (Mr. Justice Roberts 322 U.S. 238 at 250). The flagrant participation in the
intrinsic fraud detailed in the notice of removal involving Judges McHugh and
Richards. The highly detailed claims of judicial participation in the creation of the
mass foreclosure docket, which this case was assigned in the state court (08-CA-
055974), designed to interfere with a class of defendant's, whether racially
motivated, as could be claimed by certain races and not by others even though the
cases are identical, creates an unlevel playing field, highly favorable to purported
lenders and servicing agents. Such favoritism discriminates across-the-board
against any defendant claimed to be in default without the Constitutional
protections afforded to all U.S. Citizens contained in the Civil Rules of Procedure,
that provide the procedural due process to the defendant's who have a duty to
prevent the property from being taken by anyone who claims an interest regardless
of their legal right to do so. The court by devising the mass foreclosure docket
have simply presumed facts not in evidence, and constructed a scheme to prevent
defendant's from challenging lenders capacity, standing and admission of evidence
that may have been fabricated by plaintiff s or by plaintiff s legal counsel. Such
egregious acts by state actors in collusion with private persons should invoke the
equitable power of the federal court to remove the case from the hands of state
actors who have shown by their knowing acts, that they have no intention of
upholding the rights of lesser citizens of the United States, where opposing parties
are the ruling class (banks).

[Type text]
 RELIEF
Wherefore, federal common law and equity jurisdiction should be invoked
where the evidence is clear and convincing that state actors in collusion with
private law firms and big lenders have conspired to defraud a class of U.S. Citizens
of their rights secured by the 14th Amendment and procedural rules of court
designed to provide the protections secured by the Constitutions of both the United
States and Florida. Where state courts have created a scheme or devise having no
lawful foundation that defaults against a class of persons known as defendants and
in favor of large corporate plaintiff s who willingly abuse the state justice system,
by introducing fabricated evidence, and making false claims that they are owners
and holders of notes and mortgages where there are no assignments or other legal
documents that support their claims.
Diversity jurisdiction has also fallen victim to the new judge made rules of
the mass foreclosure docket that openly favor foreign plaintiff s and discriminate
against forum state defendants. Such deliberate acts by state actors to neuter
federal law and Constitutional protections of its citizens, should invoke the federal
equitable powers and the federal common law regarding fraud and issues of great
public interest, and provide the basis for removal of this case from the state court.

SUbmitted, .
~ /-~~~.
Larry R. Bradshaw
18291 Useppa Rd.
Ft. Myers, Florida 33912
Ph 239-770-7393

[Type text]
 CERTIFICATE OF SERVICE

I, Larry Bradshaw, hereby certify that a true and correct copy of the foregoing has
been sent by U.S. Mail to: Florida Default Law Group P.L. P.O. Box 25018
Tampa, Florida 33622-5018 on the ~ day of April 2011.

[Type text]
Case 2:11-cv-00171-JES-SPC Document 16 Filed 04/26/2011 Page 1 of 4 PagelD <pageID>

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

US BANK NATIONAL ASSOCIATION, as

Trustee for GSMPS2004-4,

Plaintiff,

vs. Case No. 2:11-cv-171-FtM-29SPC

LARRY R. BRADSHAW,

Defendant.

OPINION AND ORDER

On AprilS, 2011, the Court issued an Opinion and Order (Doc.

#8) directing defendant to show cause why the case should not be

remanded to the state court for lack of jurisdiction. On April 15,

2011, defendant filed a Response (Doc. #14).

In his response, defendant indicates that he is a citizen of

and domiciled in the State of Florida. Defendant further indicates

that plaintiff is a citizen of a state other than Florida, and its

website reflects an address in Ohio. Defendant states that "[nJo

other defendants have joined the case." Defendant argues that the

collusion of attorneys and the state court to hamper the

presentation of rights "arise under" federal law by depriving

people's constitutional rights in mortgage foreclosure cases.

Defendant further argues that a "significant nexus between federal

law" and the original note" provide federal question jurisdiction

because it is a FHA loan and plaintiff makes references to the

requirements of the "Federal Fair Debt Collection Act".

Case 2:11-cv-00171-JES-SPC Document 16 Filed 04/26/2011 Page 2 of 4 PagelD <pageID>

"Federal courts are courts of limited jurisdiction." United

States v. Rojas, 429 F.3d 1317, 1320 (11th Cir. 2005) (collecting

cases). Diversity jurisdiction requires complete diversity: every

plaintiff from every defendant. Triggs v. John Crump Toyota, Inc.,

154 F.3d 1284, 1287 (11th Cir. 1998) (citing Tapscott v. MS Dealer

Servo Corp., 77 F.3d 1353, 1355 (11th Cir. 1996)). A corporation

is a citizen of both the state of its incorporation and the state

where it has its principal place of business. 28 U.S.C. §

1332(c) (1). The principal place of business is determined by the

"nerve center" test. Hertz Corp. V. Friend, 130 S. Ct. 1181, 2010

U.S. LEXIS 1897, at **28-29 (Feb. 23, 2010).

The Court finds that defendant Bradshaw has failed to show

that plaintiff's citizenship is not the State of Florida for

purposes of establishing complete diversity. Additionally,

Bradshaw states that the other defendants did not join the case.

Although the other defendants may not have joined in the removal of

the case, defendant Bradshaw cannot ignore or dismiss their

participation in this case, and their citizenship is also relevant

to the inquiry. See Russell Corp. V. Am. Home Assur. Co., 264 F.3d

1040, 1050 (11th Cir. 2001) (unanimity of consent required in

removal cases involving multiple defendants); see also Bailey V.

Janssen Pharmaceutica, Inc., 536 F.3d 1202, 1208 (11th Cir.

2008) (consent of unserved defendants not required) .

-2-
Case 2:11-cv-00171-JES-SPC Document 16 Filed 04/26/2011 Page 3 of 4 PagelD <pageID>

The Court rej ects the argument that the mere reference to

compliance with the Fair Debt Collection Practices Act (Doc. #2, ~

2) provides jurisdiction. The Mortgage Foreclosure Complaint (Doc.

#2) seeks a determination as to the amount due under a Mortgage

Note and Mortgage, and to foreclose if the amount is not paid

immediately pursuant to Florida Statute Section 45.031 (2006); and

for re-establishment of the Note pursuant to Florida Statute

Section 673.3091. For a cause of action to "arise under" federal

law, the federal law has to create the cause of action. Johnson v.

Wellborn, No. 10-12494, 2011 WL 914302, *4 (11th Cir. Mar. 17,

2011) (citing Pacheco de Perez v. AT & T Co., 139 F.3d 1368, 1373

(11th Cir. 1998)). The causes of action in this case are not based

on, and do not arise under, a federal law or the United States

Constitution. The fact that the Mortgage may be backed by the

Federal Housing Administration (FHA) does not provide jurisdiction

because the cause of action is not brought pursuant to a federal

statute, ~' Fair Housing Act. Therefore, the Court finds that

defendant Bradshaw has failed to meet his burden of proving proper

federal jurisdiction.

Accordingly, it is now

ORDERED:

Finding no subject matter jurisdiction shown, the Clerk is

directed to remand the case to the Circuit Court of the Twentieth

Judicial Circuit, in and for Lee County, Florida, and to transmit

-3-
Case 2:11-cv-00171-JES-SPC Document 16 Filed 04/26/2011 Page 4 of 4 PagelD <pageID>

a certified copy of this Orde r to the Clerk of that Court. The

Clerk is further directed to terminate all pending motions and

deadlines and close this case.

DONE AND ORDERED at Fort Myers, Florida, this _.::.2..:::.6..:::.t.:.:hc-- day of

April, 2011.

JO¥~ E. STEELE
Un~ted States District Judge

Copies:
Parties of record

-4-
 Case: 2:11-cv-00171-JES-SPC

Larry R. Bradshaw
18291 Useppa Road
Fort Myers, Fl 33912
MIME-Version:1.0
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Message-Id:<8732313@flmd.uscourts.gov>
Subject:Activity in Case 2:11-cv-00171-JES-SPC US Bank National Association v.
Bradshaw Opinion and order
Content-Type: text/plain
This is an automatic e-mail message generated by the CM/ECF system.
Please DO NOT RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** There is no charge for viewing opinions.
u.S. District Court
Middle District of Florida

Notice of Electronic Filing

The following transaction was entered on 4/26/2011 9:48 AM EDT and filed
on 4/26/2011

Case Name: US Bank National Association v. Bradshaw

Case Number: 2:11-cv-00171-JES-SPC
https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?256527

Filer:

Document Number: 16

Copy the URL address from the line below into the location bar of your Web
browser to view the document: Document:
https://ecf.flmd.uscourts.gov/doc1/04719306384?caseid=256527&de_se~num=53&magic
num=MAGIC

Docket Text:
OPINION AND ORDER directing the Clerk to remand the case to the Twentieth
Judicial Circuit, in and for Lee County, Florida, and to transmit a certified
copy of this Order to the Clerk of that Court. The Clerk is further directed
to terminate all pending motions and deadlines and close this case. Signed
by Judge John E. Steele on 4/26/2011. (RKR)
2:11-cv-00171-JES-SPC Notice has been electronically mailed to:
Jeffery Michael Gano jgano@echevarria.com

2:11-cv-00171-JES-SPC Notice has been delivered by other means to:

Brian Hummel
Florida Default Law Group
9119 Corporate Lake Dr., Suite 300
Tampa, FL 33634

Christina N. Riley
Florida Default Law Group, PL*
Suite 300
9119 Corporate Lake Dr
Tampa, FL 33634

Frances Evelyn Johnson

Florida Default Law Group, PL
Suite 300
9119 Corporate Lake Dr
Tampa, FL 33634

Larry R. Bradshaw
18291 Useppa Road
Fort Myers, FI 33912
William Andrew Malone
Florida Default Law Group, PL
Suite 300
9119 Corporate Lake Dr
Tampa, FL 33634

The following document(s) are associated with this transaction:

Document description: Main Document
Original filename: n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1069447731 [Date=4/26/2011] [FileNumber=8732312-0]
[30bOdfb8fdS947410ce3aeS1f9b290S2bf62b90bd3ad64112144aSedeS7396a821d14dc7942309b
93dSf3c76ebaS41baadaceead7834ead838dd3034bac949ae]]