Marfut v. The Gardens of Gulf Cove POA, Inc et al
| Christine E. Marfut |
| The Gardens of Gulf Cove POA, Inc, John Anderson, Breen Lucille, Jack Arlinghaus, Dahl Herman, Fred Streif, Namy Thompson PL, Stephen W. Thompson, Joseph Najmy, Louis Najmy, Richard Weller, Randolf L. Smith and Michael J. Smith |
| 2:2017cv00595 |
| October 31, 2017 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| Charlotte |
| Sheri Polster Chappell |
| Carol Mirando |
| Other Fraud |
| 18 U.S.C. ยง 1345 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
101
ORDER granting 76 Defendants Najmy Thompson, P.L., Stephen W. Thompson, Joseph Najmy, Louis Najmy, Richard Weller, Randolph L. Smith, and Michael J. Smith's Motion to Dismiss the Second Amended Complaint. Plaintiff Christine E. Marfut's Second Amended Complaint is DISMISSED with prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 8/22/2018. (LMF)
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Filing
74
ORDER granting 73 Plaintiff's Motion for an Extension of Time to Respond with a Second Amended Complaint. Plaintiff shall have up to and including May 14, 2018 to file a second amended complaint. Signed by Magistrate Judge Carol Mirando on 4/24/2018. (DRS)
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Filing
71
ORDER GRANTING in part and DENIED in part the Defendants Najmy Thompson, P.L., Stephen W. Thompson, Joseph Najmy, Louis Najmy, Richard Weller, Randolph L. Smith, and Michael J. Smith's Motion to Dismiss the Amended Complaint 65 , and Defend ants The Gardens of Gulf Cove Property Owner's Association, Inc., Lucille Breen, Herman Dahl, Jack Arlinghaus, Fred Streif, and John Anderson's Motion to Dismiss the Amended Complaint 66 . a. Plaintiff Christine E. Marfut's claims for mail fraud and honest services fraud are DISMISSED with prejudice. b. Plaintiff Christine E. Marfut's claim for violating the Fair Debt Collection Practices Act is DISMISSED without prejudice. c. Plaintiff Christine E. Marfut may file a secon d amended complaint on or before April 30, 2018. Failure to do so WILL result in this case being dismissed with prejudice. d. Plaintiff Christine E. Marfut must effectuate service on the Association Defendants or provide proof of such service under Federal Rule of Civil Procedure 4(l) on or before June 30, 2018. Signed by Judge Sheri Polster Chappell on 4/17/2018. (LMF)
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Filing
56
ORDER denying 33 39 Christine E. Marfut's Motions to Strike Defendants' Motion to Dismiss. Defendants Najmy Thompson, P.L., Stephen W. Thompson, Joseph Najmy, Louis Najmy, Richard Weller, Randolph L. Smith, and Michael J. Smith' s Motion to Dismiss 25 is GRANTED. Defendants Gardens of Gulf Coast Property Owner's Association, Inc., Lucille Breen, Herman Dahl, Jack Arlinghaus, Fred Streif, and John Anderson's Motion to Dismiss 30 is GRANTED. Defendants Gardens of Gulf Coast Property Owner's Association, Inc., Lucille Breen, Herman Dahl, Jack Arlinghaus, Fred Streif, and John Anderson's Second Motion to Dismiss 38 is DENIED. Plaintiff Christine E. Marfut's Complaint 1 is DISMISSED without prejudice. Plaintiff Christine E. Marfut may file an amended complaint on or before February 23, 2018. Failure to do so will may result in this case being dismissed with prejudice. Signed by Judge Sheri Polster Chappell on 2/7/2018. (LMF)
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Filing
52
ORDER denying 44 Defendants' Motion for Leave to Appear Telephonically; denying 47 Plaintiff's Motion that Defendant, and Counsel, Randolph L. Smith Be Disallowed from Representing Co-Defendants pursuant to USC Title 26a, Rule 24 Ap pearance and Representation. The parties shall have up to and including February 5, 2018 to SHOW CAUSE as to why the PPTC should not cancelled and they should not be sanctioned for failure to comply with the Court's Orders, or, alternatively, to file a joint Case Management Report prior to close of business on February 5, 2018. Signed by Magistrate Judge Carol Mirando on 2/1/2018. (HJ)
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Filing
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ORDER denying 27 Plaintiff Christine E. Marfut's Request for Emergency Injunctive Relief. Signed by Judge Sheri Polster Chappell on 11/29/2017. (LMF)
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