Lennar Corporation et al v. Briarwood Capital, LLC et al Featured Case

Plaintiff: Lennar Corporation and Lennar Homes of California, Inc.
Defendant: Nicolas Marsch, III, Barry Minkow, Fraud Discovery Institute, Inc. and Briarwood Capital, LLC
Case Number: 1:2010cv20574
Filed: February 24, 2010
Court: Florida Southern District Court
Office: Miami Office
County: Miami-Dade
Presiding Judge: Adalberto Jordan
Nature of Suit: Assault, Libel, and Slander
Cause of Action: 28:1452
Jury Demanded By: Both

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
April 23, 2010 45 Bankruptcy Acknowledgment of Receipt of District Court's Electronic Case, Case assigned 10-2866-BK-AJC in Bankruptcy Court. (yc)
April 20, 2010 44 CLERK'S NOTICE of Compliance, case transmitted to the Bankruptcy Court electronically. (yc)
April 8, 2010 Attorney Daniel M. Petrocelli representing Lennar Corporation (Plaintiff); Ben H. Logan representing Lennar Corporation (Plaintiff) and David Marroso representing Lennar Corporation (Plaintiff) Activated. (yc)
March 26, 2010 43 Featured Case ORDER granting 32 Motion ; granting 32 Motion for Hearing; granting 39 Motion to Change Venue. This case is closed administratively. Signed by Judge Adalberto Jordan on 3/26/2010. (lk)
March 26, 2010 42 Featured Case ORDER granting 35 Motion for Leave to File Excess Pages. Signed by Judge Adalberto Jordan on 3/26/2010. (lk)
March 26, 2010 41 RESPONSE in Opposition re 12 MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) filed by Fraud Discovery Institute, Inc., Barry Minkow. (Attachments: # 1 Affidavit of Michelle Baker)(Entin, Joshua)
March 26, 2010 40 NOTICE of Filing Declarations of Nicolas Marsch III, Scott M. Dimond, and Joseph R. Dunn by Briarwood Capital, LLC, Nicolas Marsch, III re 39 MOTION to Change Venue (Attachments: # 1 Exhibit Declaration of Marsch, # 2 Exhibit Declaration of Dimond, # 3 Exhibit Declaration of Dunn)(Pruss, Lorenz) Modified on 3/29/2010 (ls).
March 26, 2010 39 MOTION to Change Venue by Briarwood Capital, LLC, Nicolas Marsch, III. Responses due by 4/12/2010 (Attachments: # 1 Exhibit Exhibit 1)(Pruss, Lorenz)
March 26, 2010 38 NOTICE of Filing Declarations of Nicolas Marsch III, Scott M. Dimond, and Joseph R. Runn by Briarwood Capital, LLC, Nicolas Marsch, III re 37 Response in Opposition to Motion,, (Attachments: # 1 Exhibit Declaration of Marsch, # 2 Exhibit Declaration of Dimond, # 3 Exhibit Declaration of Dunn)(Pruss, Lorenz) Modified on 3/29/2010 (ls).
March 26, 2010 37 RESPONSE in Opposition re 12 MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) filed by Briarwood Capital, LLC, Nicolas Marsch, III. (Attachments: # 1 Exhibit Exhibit 1)(Pruss, Lorenz)
March 26, 2010 36 Clerks Notice to Filer re 32 Joint MOTION (1) Referral to U.S. Bankruptcy Court; and (2) Briefing and Hearing Schedule MOTION for HearingJoint MOTION (1) Referral to U.S. Bankruptcy Court; and (2) Briefing and Hearing ScheduleJoint MOTION (1) Referral to U.S. Bankruptcy Court; and (2) Briefing and Hearing Schedule. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp)
March 25, 2010 35 Defendant's MOTION for Leave to File Excess Pages by Briarwood Capital, LLC, Nicolas Marsch, III. (Attachments: # 1 Exhibit Proposed Order Granting Motion)(Pruss, Lorenz)
March 25, 2010 32 Joint MOTION (1) Referral to U.S. Bankruptcy Court; and (2) Briefing and Hearing Schedule by Briarwood Capital, LLC, Fraud Discovery Institute, Inc., Lennar Corporation, Lennar Homes of California, Inc., Nicolas Marsch, III, Barry Minkow. (Attachments: # 1 Exhibit Exhibit 1 Proposed Order, # 2 Exhibit Exhibit 2 Bankruptcy Order)(Pruss, Lorenz). Added MOTION for Hearing on 12 Motion for Remand and/or Abstention, and Debtors' Motion for Transfer of Venue to the Southern District of California on 3/26/2010 (tp). Modified added relief and link to motion on 3/26/2010 (tp).
March 24, 2010 34 APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Joseph R. Dunn. Filing Fee $75.00. Receipt # 1019533 (ra)
March 24, 2010 33 APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Jeffry A. Davis. Filing Fee $75.00. Receipt # 1019532 (ra)
March 24, 2010 31 Featured Case ORDER granting 26 Motion for Extension of Time to File Opposition to Plaintiffs' Motion Remand Under 28 USC 1452(b), or, in the alternative, under the abstention doctrine provided under 28 USC 1334(c). The defendants shall have through and including 3/26/10 to file and serve any opposition to the Remand Motion. Signed by Judge Adalberto Jordan on 3/23/10. (mg)
March 24, 2010 30 Featured Case ORDER granting 23 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Adalberto Jordan on 3/23/2010. (mg)
March 24, 2010 29 Featured Case ORDER granting 24 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Adalberto Jordan on 3/23/10. (mg)
March 24, 2010 28 Featured Case ORDER granting 25 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Adalberto Jordan on 3/23/10. (mg)
March 23, 2010 27 Clerks Notice to Filer re 26 First MOTION for Extension of Time to File Notice of Removal. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (gme)
March 22, 2010 26 First MOTION for Extension of Time to File Oppostion re 12 Plaintiffs' Motion Remand by Briarwood Capital, LLC, Fraud Discovery Institute, Inc., Nicolas Marsch, III, Barry Minkow. (Attachments: # 1 Text of Proposed Order)(Pruss, Lorenz) Modified on 3/23/2010 (gme).
March 19, 2010 25 REVISED APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for David Marroso. (ra)
March 19, 2010 24 REVISED APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Ben H. Logan. (ra)
March 19, 2010 23 REVISED APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Daniel M. Petrocelli. (ra)
March 19, 2010 22 Featured Case ORDER directing the parties to file a notice no later than March 25, 2010 stating whether the bankruptcy court extended the "automatic stay" to the non-filing defendants. Signed by Judge Adalberto Jordan on 3/19/10. (ch1)
March 15, 2010 21 Featured Case ORDER denying 17 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings of Attorney Daniel M. Petrocelli Notice of Termination delivered by US Mail to Daniel Petrocelli.. Signed by Judge Adalberto Jordan on 3/15/2010. (tb)
March 15, 2010 20 Featured Case ORDER denying 16 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings of Attorney David Marroso Notice of Termination delivered by US Mail to David Marroso.. Signed by Judge Adalberto Jordan on 3/15/2010. (tb)
March 15, 2010 19 Featured Case ORDER denying 18 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings of Attorney Ben Logan Notice of Termination delivered by US Mail to Ben Logan.. Signed by Judge Adalberto Jordan on 3/15/2010. (tb)
March 9, 2010 18 APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Ben H. Logan. Filing Fee $75.00. Receipt # 1018622 (ra1)
March 8, 2010 17 APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Daniel M. Petrocelli. Filing Fee $75.00. Receipt # 1018597 (ra1)
March 8, 2010 16 APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for David Marroso. Filing Fee $75.00. Receipt # 1018598 (ra1)
March 8, 2010 15 RESPONSE/REPLY to 1 Notice of Removal, 13 Affidavit,, 12 MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) Lennar Plaintiffs' Statement in Response to Notice of Removal Filed Under FRBP 9027(e)(3) by Lennar Corporation, Lennar Homes of California, Inc.. (Dubbin, Samuel)
March 5, 2010 14 MOTION for Hearing re 13 Affidavit,, 12 MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) Lennar Plaintiffs' Request for Hearing on Motion for Remand or Abstention by Lennar Corporation, Lennar Homes of California, Inc.. (Dubbin, Samuel)
March 5, 2010 13 AFFIDAVIT signed by : Samuel J. Dubbin. re 12 MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) Notice of Filing Declaration of Samuel J. Dubbin in Support of Lennar Plaintiffs' Motion for Remand or Abstention, and attached Exhibits A-G by Lennar Corporation, Lennar Homes of California, Inc. (Attachments: # 1 Exhibit)(Dubbin, Samuel)
March 5, 2010 12 MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) by Lennar Corporation, Lennar Homes of California, Inc.. (Dubbin, Samuel)
March 2, 2010 11 RESPONSE/REPLY to 10 Response/Reply (Other), Response/Reply (Other) Letter to Court Regarding Status of Filing by Lennar Corporation, Lennar Homes of California, Inc.. (Dubbin, Samuel)
February 26, 2010 10 RESPONSE/REPLY Lennar Plaintiffs' Response to Minkow Defendants' Surreply to Lennar's Motion for Sanctions Against Defendants Barry Minkow and Fraud Discovery Institute by Lennar Corporation, Lennar Homes of California, Inc.. (Dubbin, Samuel)
February 25, 2010 9 NOTICE of Attorney Appearance by Joshua Michael Entin on behalf of Fraud Discovery Institute, Inc., Barry Minkow (Entin, Joshua)
February 25, 2010 8 RESPONSE/REPLY Lennar Plaintiffs' Response to Defendant Briarwood Capital LLC's Suggestion of Bankruptcy by Lennar Corporation, Lennar Homes of California, Inc.. (Dubbin, Samuel)
February 25, 2010 7 Clerks Notice to Filer re 5 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#6]. It is not necessary to refile this document. (ls)
February 25, 2010 6 Notice of Adoption/Joinder by Briarwood Capital, LLC, Fraud Discovery Institute, Inc., Barry Minkow Related document: 1 Notice of Removal, filed by Briarwood Capital, LLC (ls)[See Image at DE #5]
February 25, 2010 5 NOTICE by Fraud Discovery Institute, Inc., Barry Minkow re 1 Notice of Removal, Notice of Joinder in Notice of Removal of Action (Entin, Alvin)
February 25, 2010 4 NOTICE of Attorney Appearance by Alvin Ernest Entin on behalf of Fraud Discovery Institute, Inc., Barry Minkow (Entin, Alvin)
February 24, 2010 3 NOTICE of Attorney Appearance by Scott Michael Dimond on behalf of Briarwood Capital, LLC, Nicolas Marsch, III (Dimond, Scott)
February 24, 2010 2 Clerks Notice of Judge Assignment on Electronic Case to Judge Adalberto Jordan (vjk)
February 24, 2010 1 NOTICE OF REMOVAL Filing fee $ 350.00 receipt number 113C-2670572, filed by Briarwood Capital, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Fourth Amended Complaint Part 1, # 3 Exhibit A - Fourth Amended Complaint Part 2)(Pruss, Lorenz) (Main Document 1 replaced on 2/24/2010) (vjk).

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Search for this case: Lennar Corporation et al v. Briarwood Capital, LLC et al
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Plaintiff: Lennar Corporation
Represented By: Samuel Johnathan Dubbin
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Plaintiff: Lennar Homes of California, Inc.
Represented By: Samuel Johnathan Dubbin
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Defendant: Nicolas Marsch, III
Represented By: Jeffry A. Davis
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Defendant: Barry Minkow
Represented By: Alvin Ernest Entin
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Defendant: Fraud Discovery Institute, Inc.
Represented By: Alvin Ernest Entin
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Defendant: Briarwood Capital, LLC
Represented By: Jeffry A. Davis
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