Johnson v. Corebridge Financial, Inc. et al
| Gerald D. Johnson, Corebridge Financial, Inc., Charles E. Bennardo, Highland Capital Brokerage, Inc. and CEB Advisors, Inc. |
| 2:2023cv01030 |
| November 13, 2023 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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Filing 28
ENDORSED ORDER denying #24 plaintiff's motion for clerk's default against defendant CEB Advisors, Inc. The court granted CEB Advisors, Inc. additional time to respond to the complaint. (Doc. 27). Signed by Magistrate Judge Nicholas P. Mizell on 1/4/2024. (JMM)
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Filing 27
ENDORSED ORDER granting #26 defendants Charles E. Bennardo and CEB Advisors Inc.'s amended motion for extension of time to respond. By January 16, 2024, defendants Bennardo and CEB Advisors must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 1/4/2024. (JMM)
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| Filing 26 Amended MOTION for Extension of Time to File Answer re #1 Complaint by Charles E. Bennardo, CEB Advisors, Inc. (Biard, Benjamin) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 25 AMENDED NOTICE of Appearance and Designation of Lead Counsel by Benjamin Joseph Biard on behalf of Charles E. Bennardo, CEB Advisors, Inc. (Biard, Benjamin) Modified text on 1/4/2024 (JK). |
| Filing 24 MOTION for Default Judgment against CEB Advisors, Inc. by Gerald D. Johnson. (Fein, Bruce) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Set/reset deadlines/hearings: Defendant Bennardo's Answer due by 1/16/2024. (JTM) |
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Filing 23
ENDORSED ORDER granting #22 defendant Charles E. Bennardo's unopposed motion for extension of time to respond. By January 16, 2024, defendant Bennardo must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 1/2/2024. (JMM)
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| Filing 22 Unopposed MOTION for Extension of Time to File Answer to Plaintiff's Complaint and Demand for Jury Trial by Charles E. Bennardo. (Biard, Benjamin) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 21 NOTICE of Lead Counsel Designation by Benjamin Joseph Biard on behalf of Charles E. Bennardo. Lead Counsel: Benjamin J. Biard. (Biard, Benjamin) |
| Filing 20 MOTION for Default Judgment against Highland Capital Brokerage, Inc. by Gerald D. Johnson. (Fein, Bruce) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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Filing 19
ENDORSED ORDER. Before the Court is Plaintiff Johnson's Motion for Reconsideration (Doc. #18). The Court GRANTS this Motion to the extent that (Doc. #16) should have terminated Defendant Corebridge Financial, Inc. only--not all Defendants. A Rule 41(a)(1) dismissal is valid even where (like here) the dismissal is only for plaintiff's entire action as to one defendant, leaving the action as to other defendants ongoing. See Plains Growers, Inc. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 254 (5th Cir. 1973). Accordingly, the Clerk is DIRECTED to re-open this case as to all defendants EXCEPT Corebridge Financial, Inc. All previous deadlines shall be reinstated. Signed by Judge Sheri Polster Chappell on 12/22/2023. (LAH)
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| Filing 18 MOTION for Reconsideration re 17 Order Dismissing Case pursuant to Fed. R. Civ. P. Rule 60 by Gerald D. Johnson. (DelValle, W.) |
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Filing 17
ENDORSED ORDER. Before the Court is Plaintiff's Notice of Voluntary Dismissal Without Prejudice (Doc. #16). Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action voluntarily before the opposing party serves either an answer or a motion for summary judgment. The dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Accordingly, in compliance with Rule 41(a), this action is DISMISSED without prejudice. The Clerk is DIRECTED deny all pending motions as moot, terminate all deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 12/20/2023. (LAH)
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| Filing 16 NOTICE of voluntary dismissal by Gerald D. Johnson (DelValle, W.) |
| Filing 15 RETURN of service executed on 12/12/2023 by Gerald D. Johnson as to CEB Advisors, Inc. (Fein, Bruce) Modified on 12/18/2023 to edit docket text (EAM). |
| Filing 14 RETURN of service executed on 12/12/2023 by Gerald D. Johnson as to Charles E. Bennardo. (Fein, Bruce) |
| Filing 13 RETURN of service executed on 11/30/2023 by Gerald D. Johnson as to Corebridge Financial, Inc. (Fein, Bruce) |
| Filing 12 RETURN of service executed on 11/30/2023 by Gerald D. Johnson as to Highland Capital Brokerage, Inc. (Fein, Bruce) |
| Filing 11 ATTORNEY NOTIFIED TO REFILE USING THE CORRECT EVENT ENTRY. PROOF of service by Gerald D. Johnson (Fein, Bruce) Modified on 12/8/2023 to edit docket text (EAM). |
| Filing 10 ATTORNEY NOTIFIED TO REFILE USING THE CORRECT EVENT ENTRY. PROOF of service by Gerald D. Johnson (Fein, Bruce) Modified on 12/8/2023 to edit docket text (EAM). |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-21536350 for $150 paid. Special Admission for Non-Resident Attorney Bruce E. Fein. (DelValle, W.) |
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Filing 9
ORDER granting #6 motion for special admission of attorney Fein. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 11/28/2023. (JMM)
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| Filing 8 NOTICE TO COUNSEL Bruce Fein Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (ARL) |
| Filing 7 NOTICE TO COUNSEL Bruce E. Fein Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Pay the Special Admission Fee; The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JK) |
| Filing 6 MOTION for Bruce E. Fein to appear pro hac vice. (JK) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 5 CIVIL Action Order. Signed by All Divisional Judges on 11/15/2023. (WRW) |
| Filing 4 SUMMONS issued as to Charles E. Bennardo, CEB Advisors, Inc., Corebridge Financial, Inc., Highland Capital Brokerage, Inc. (AJS) |
| Filing 3 NOTICE TO COUNSEL Brian E. Fein of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JG) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-01030-SPC-NPM. (JG) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-21458714) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Corebridge Financial, Inc., #3 Proposed Summons Charles E. Bennardo, #4 Proposed Summons Highland Capital Brokerage, Inc., #5 Proposed Summons CED Advisors, Inc.)(DelValle, W.) |
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