Antar v. Lexington National Insurance Corporation et al
| George Antar |
| Lexington National Insurance Corporation and Martin Kerrins |
| 3:2023cv01685 |
| September 13, 2023 |
| US District Court for the Southern District of California |
| Cynthia Bashant |
| Barbara Lynn Major |
| Contract: Other |
| 28 U.S.C. § 1332 ij Diversity-Injunctive & Declaratory Relief |
| Plaintiff |
Docket Report
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Filing 53
PRO HAC APPROVED: Ariane Wolinsky appearing for Plaintiff George Antar (no document attached) (rmc)
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Filing 52
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18335772.) (Application to be reviewed by Clerk.) (Wolinsky, Ariane) (rmc).
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Filing 51
PRO HAC APPROVED: Gary N. Mansfield appearing for Plaintiff George Antar (no document attached) (rmc)
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Filing 50
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18335575.) (Application to be reviewed by Clerk.) (Mansfield, Gary) (rmc).
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Filing 49
Order Granting Joint Motion to Extend Time to Respond (ECF No. #48 ). Defendant Lexington National Insurance Corporation response due 11/14/2023. Signed by Judge Cynthia Bashant on 11/07/2023. (mjw)
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Filing 48
Joint MOTION for Extension of Time to File Answer by Lexington National Insurance Corporation. (Gannuscio, Vincent) (mjw).
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Filing 47
NOTICE of Appearance by Owen M. Praskievicz on behalf of George Antar (Praskievicz, Owen)Attorney Owen M. Praskievicz added to party George Antar(pty:pla) (mjw).
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Filing 46
NOTICE of Appearance by Mark Angert on behalf of George Antar (Angert, Mark)Attorney Mark Angert added to party George Antar(pty:pla) (mjw).
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Filing 45
Mail Returned as Undeliverable RE: ECF No. #44 . Mail sent to David Stone. (mjw)
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Filing 44
Order Setting Deadlines Following Case Management Conference. Case Management Conference held on 9/28/23. Plaintiff must retain new counsel on or before 11/1/23. Defendants must file a responsive pleading on or before 11/1/23. Signed by Magistrate Judge Barbara Lynn Major on 9/28/23.(All non-registered users served via U.S. Mail Service)(jmo)
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Filing 43
Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: Case Management Conference held on 9/28/2023. Order to follow. (Plaintiff Attorney Mohamad Hadwan, Esq.). (Defendant Attorney Gary Nye, Esq.). (no document attached) (ajf)
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Filing 42
NOTICE of Appearance by Vincent Gannuscio on behalf of Lexington National Insurance Corporation (Gannuscio, Vincent)Attorney Vincent Gannuscio added to party Lexington National Insurance Corporation(pty:dft) (jmo).
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Filing 41
NOTICE of Appearance by Gary A. Nye on behalf of Lexington National Insurance Corporation (Nye, Gary)Attorney Gary A. Nye added to party Lexington National Insurance Corporation(pty:dft) (jmo).
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Filing 40
Notice and Order for Case Management Conference. Videoconference Case Management Conference set for 9/28/2023 02:00 PM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 9/13/23.(All non-registered users served via U.S. Mail Service)(jmo)
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Filing 39
Judge Cynthia Bashant and Magistrate Judge Barbara Lynn Major assigned to transfer case from Southern District of Florida. (no document attached) (jpp) (rmc).
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Filing 38
Case transferred in from District of Florida Southern; Case Number 1:22-cv-23299. Original file received electronically
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Filing 37
ORDER GRANTING IN PART DEFENDANT'S MOTION TO DISMISS AMENDED COMPLAINT OR TRANSFER CASE; granting #25 Motion to Dismiss. The Clerk is directed to transfer this case to the United States District Court for the Southern District of California. Closing Case. Signed by Judge Rodney Smith on 9/12/2023. See attached document for full details. (nwn) [Transferred from Florida Southern on 9/13/2023.]
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Filing 36
NOTICE OF UNAVAILABILITY by Lexington National Insurance Corporation for dates of 09/18/2023 through 09/26/2023 (Weiner, Jeffrey) [Transferred from Florida Southern on 9/13/2023.]
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Filing 35
NOTICE by Lexington National Insurance Corporation (Weiner, Jeffrey) [Transferred from Florida Southern on 9/13/2023.]
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Filing 34
PAPERLESS ORDER granting #33 Motion for Extension of Time to serve Defendant Martin Kerrins. Plaintiff shall serve Martin Kerrins by May 31, 2023. No further extension of time to serve Defendant Martin Kerrins will be granted. Signed by Judge Rodney Smith on 5/6/2023. (tcl) [Transferred from Florida Southern on 9/13/2023.]
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Filing 33
Plaintiff's MOTION for Extension of Time to Extend Service of Process of Amended Complaint Upon Defendant, Martin Kerrins re 32 Order on Motion for Extension of Time by George Antar. Responses due by 3/8/2023 (Attachments: #1 Text of Proposed Order)(Mansfield, Gary) [Transferred from Florida Southern on 9/13/2023.]
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Filing 32
PAPERLESS ORDER granting #31 Motion for Extension of Time to serve Defendant, Martin Kerrins. Plaintiff shall serve process upon Defendant Martin Kerrins by February 22, 2023.. Signed by Judge Rodney Smith on 1/23/2023. (tcl) [Transferred from Florida Southern on 9/13/2023.]
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Filing 31
Plaintiff's MOTION for Extension of Time to Extend Service of Process of Amended Complaint Upon Defendant, Martin Kerrins re #7 Amended Complaint/Amended Notice of Removal, by George Antar. Responses due by 1/31/2023 (Attachments: #1 Text of Proposed Order)(Mansfield, Gary) [Transferred from Florida Southern on 9/13/2023.]
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Filing 30
REPLY to Response to Motion re #25 MOTION to Dismiss #7 Amended Complaint/Amended Notice of Removal, filed by Lexington National Insurance Corporation. (Weiner, Jeffrey) [Transferred from Florida Southern on 9/13/2023.]
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Filing 29
RESPONSE in Opposition re #25 MOTION to Dismiss #7 Amended Complaint/Amended Notice of Removal, filed by George Antar. Replies due by 1/12/2023. (Attachments: #1 Exhibit Transcript from 4.30.19 Hearing, #2 Exhibit Indemnification Agreement, #3 Exhibit Deed of Trust, #4 Exhibit Standard Conditions of Bond, #5 Exhibit Sept. 12 Order, #6 Exhibit Paperless Order, #7 Exhibit Motion to Stay, #8 Exhibit Order on Antar Mot Indicative Ruling, #9 Exhibit _Sunbiz Annual Report 2022, #10 Exhibit Sunbiz Articles of Inc)(Mansfield, Gary) [Transferred from Florida Southern on 9/13/2023.]
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Filing 28
Joint SCHEDULING REPORT - Rule 16.1 by George Antar (Attachments: #1 Text of Proposed Order Proposed Joint Scheduling Order)(Mansfield, Gary) [Transferred from Florida Southern on 9/13/2023.]
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Filing 27
PAPERLESS ORDER granting in part and denying in part #26 Plaintiff's Motion for Extension of Time to File Response to Motion to Dismiss. Plaintiff shall file his Response by 1/5/2023. Defendant shall file its Reply by 1/12/2023. No further extensions of time will be granted. Signed by Judge Rodney Smith on 12/22/2022. (tcl) [Transferred from Florida Southern on 9/13/2023.]
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Filing 26
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #25 MOTION to Dismiss #7 Amended Complaint/Amended Notice of Removal, by George Antar. (Attachments: #1 Text of Proposed Order)(Mansfield, Gary) [Transferred from Florida Southern on 9/13/2023.]
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Filing 25
MOTION to Dismiss #7 Amended Complaint/Amended Notice of Removal, by Lexington National Insurance Corporation. Responses due by 12/30/2022 (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Weiner, Jeffrey) [Transferred from Florida Southern on 9/13/2023.]
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Filing 24
ORDER granting in part and denying in part #23 Motion for Extension of Time to File Answer to Amended Complaint Lexington National Insurance Corporation Answer due 12/16/2022. Signed by Judge Rodney Smith on 12/6/2022. See attached document for full details. (cqs) [Transferred from Florida Southern on 9/13/2023.]
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Filing 23
Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Lexington National Insurance Corporation. (Attachments: #1 Text of Proposed Order Proposed Order)(Weiner, Jeffrey) [Transferred from Florida Southern on 9/13/2023.]
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Filing 22
PAPERLESS ORDER granting #21 Motion for Extension of Time to File Response/Answer to Amended Complaint. Defendant Lexington National Insurance Corporation shall file its Response/Answer by December 6, 2022. Signed by Judge Rodney Smith on 11/22/2022. (tcl) [Transferred from Florida Southern on 9/13/2023.]
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Filing 21
Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Lexington National Insurance Corporation. Attorney Jeffrey Stuart Weiner added to party Lexington National Insurance Corporation(pty:dft). (Attachments: #1 Text of Proposed Order)(Weiner, Jeffrey) [Transferred from Florida Southern on 9/13/2023.]
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Filing 20
Clerks Receipt for deposit into the registry per order of the court (DE#18) received on 11/15/2022 in the amount of $ 100,000.00, receipt number FLS260222 by George Antar. (vt) [Transferred from Florida Southern on 9/13/2023.]
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Filing 19
NOTICE by George Antar re #18 Order on Expedited Motion, for Temporary Restraining Order (Attachments: #1 Exhibit Wire Confirmation) (Mansfield, Gary) [Transferred from Florida Southern on 9/13/2023.]
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Filing 18
ORDER ON PLAINTIFFS EXPEDITED MOTION FOR A TEMPORARY RESTRAINING ORDER, granting on condition that Plaintiff posts a bond in the amount of $100,000 with the Clerk of Court by 5:00 PM on November 10, 2022. #12 Expedited Motion TEMPORARY RESTRAINING ORDER. Signed by Judge Rodney Smith on 11/10/2022. See attached document for full details. (cqs) [Transferred from Florida Southern on 9/13/2023.]
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Filing 17
PAPERLESS Minute Entry for proceedings held before Judge Rodney Smith: Motion Hearing held on 11/10/2022, 10am-10:30am re #12 Plaintiff's EXPEDITED MOTION For Temporary Restraining Order Halting Foreclosure Sale on November 14, 2022 Ex Parte filed by George Antar. The Court heard argument from the parties on said motion, plaintiff may post bond for $100,000 with the clerk of court by 5pm today, otherwise said motion denied. Attorney Appearance(s): Gary Neil Mansfield, Ariane Wolinsky,Jeff Weiner, Yisel Villar Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. (pm) [Transferred from Florida Southern on 9/13/2023.]
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Filing 16
SUMMONS (Affidavit) Returned Executed on #7 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by George Antar. Lexington National Insurance Corporation served on 11/1/2022, response/answer due 11/22/2022. (Mansfield, Gary) [Transferred from Florida Southern on 9/13/2023.]
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Filing 15
PAPERLESS NOTICE of Hearing: re #12 Plaintiff's EXPEDITED MOTION For Temporary Restraining Order Halting Foreclosure Sale on November 14, 2022 Ex Parte Telephonic Motion Hearing set for 11/10/2022 10:00 AM in Fort Lauderdale Division before Judge Rodney Smith. Counsel shall call the toll-free number 1-877-873-8018 from a landline phone five (5) minutes prior to the start of the hearing. Then, enter Access Code Number 9406706 followed by the pound (#) sign; to bypass the security code, press the star key (*); enter the conference and state your name and the name of the party you represent. (pm) [Transferred from Florida Southern on 9/13/2023.]
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Filing 14
NOTICE of Hearing on Motion #12 Plaintiff's EXPEDITED MOTION For Temporary Restraining Order Halting Foreclosure Sale on November 14, 2022 Ex Parte : Motion Hearing set for 11/10/2022 10:00 AM in Fort Lauderdale Division before Judge Rodney Smith. (pm) [Transferred from Florida Southern on 9/13/2023.]
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Filing 13
ORDER TRANSFERRING CASE to Judge Rodney Smith for all further proceedings, accepted and signed on 11/8/2022. Judge Kathleen M. Williams no longer assigned to case Signed by Judge Kathleen M. Williams on 11/8/2022. See attached document for full details. (pcs) [Transferred from Florida Southern on 9/13/2023.]
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Filing 12
Plaintiff's EXPEDITED MOTION For Temporary Restraining Order Halting Foreclosure Sale on November 14, 2022 Ex Parte by George Antar. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Affidavit Exhibit E)(Mansfield, Gary) [Transferred from Florida Southern on 9/13/2023.]
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Filing 11
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE LISETTE M. REID Signed by Magistrate Judge Lisette M. Reid on 10/21/2022. See attached document for full details. (cqs) [Transferred from Florida Southern on 9/13/2023.]
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Filing 10
Clerk's Notice of Docket Correction re ECF No.'s 8, 9 were Error(s) In Docketing. (Per Chambers) (sk) [Transferred from Florida Southern on 9/13/2023.]
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Filing 9
Error in Docketing per Chambers (cqs) Modified on 10/20/2022 (sk). [Transferred from Florida Southern on 9/13/2023.]
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Filing 8
Error in Docketing per Chambers (cqs) Modified on 10/20/2022 (sk). [Transferred from Florida Southern on 9/13/2023.]
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Filing 7
AMENDED COMPLAINT against Martin Kerrins, Lexington National Insurance Corporation, filed by George Antar. (Attachments: #1 Exhibit Notice of Default, #2 Exhibit Conditions of Bond Order, #3 Exhibit Indemnification Agreement, #4 Exhibit Deed of Trust)(Mansfield, Gary) [Transferred from Florida Southern on 9/13/2023.]
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Filing 6
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES, REFERRING CASE to Magistrate Judge Lisette M. Reid for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 10/14/2022. See attached document for full details. (cqs) [Transferred from Florida Southern on 9/13/2023.]
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Filing 5
Summons Issued as to Martin Kerrins, Lexington National Insurance Corporation. (cqs) [Transferred from Florida Southern on 9/13/2023.]
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Filing 4
NOTICE of Filing Proposed Summons(es) by George Antar re #1 Complaint, filed by George Antar (Attachments: #1 Summon(s), #2 Summon(s)) (Mansfield, Gary) [Transferred from Florida Southern on 9/13/2023.]
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Filing 3
Clerk's Notice to Filer re: Summons(es) cannot be issued. Attorney or Pro Se party's return address is not listed. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (bb) [Transferred from Florida Southern on 9/13/2023.]
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Filing 2
Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) [Transferred from Florida Southern on 9/13/2023.]
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Filing 1
COMPLAINT against Martin Kerrins, Lexington National Insurance Corporation. Filing fees $ 402.00 receipt number AFLSDC-16014189, filed by George Antar. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Exhibit Exhibit A, #5 Exhibit Exhibit B, #6 Exhibit Exhibit C, #7 Exhibit Exhibit D)(Mansfield, Gary) [Transferred from Florida Southern on 9/13/2023.]
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