Smania v. Abrams, et al
| Mary Ann Smania |
| Sherwin Abrams, Abrams and Chapman, Lawrence Benjamin, Lawrence Richman and Neal, Gerber and Eisenberg |
| 6:2003cv00104 |
| January 27, 2003 |
| US District Court for the Middle District of Florida |
| Gregory A Presnell |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity-Legal Malpractice |
| None |
Docket Report
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This docket was last retrieved on September 22, 2004. A more recent docket listing may be available from PACER.
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| Filing 69 MANDATE of USCA as to #66 Notice of appeal filed by Mary Ann Smania; AFFIRMED. (HL). |
| Filing 70 JUDGMENT of USCA as to #66 Notice of appeal filed by Mary Ann Smania. (HL). |
| ACKNOWLEDGMENT by USCA of receiving ROA on 9/19/03 re: [66-1] appeal; USCA # 03-13403-CC (vef) |
| RECORD ON APPEAL sent to USCA re: [66-1] appeal (ROA consists of: Certified copy of indexed district court docket sheet, Volume pleadings: 2; Volume transcripts: 1); USCA# 03-13403-CC ctc (vef) |
| REQUEST by USCA to forward ROA re: [66-1] appeal USCA # 03-13403-CC (vef) |
| ACKNOWLEDGMENT by USCA of receiving COR on 7/18/03 re: [66-1] appeal; USCA # 03-13403-C (vef) |
| Filing 68 CERTIFICATE of readiness sent to USCA re: [66-1] appeal (ROA consists of: Volume pleadings: 2; Volume transcripts: 1); USCA# 03-13403-C ctc (vef) |
| Filing 67 TRANSCRIPT INFORMATION FORM filed re: [66-1] appeal ; transcript not requested; Certificate of readiness due 7/24/03; USCA # 03-13403-C (vef) |
| ACKNOWLEDGMENT by USCA of receiving Appeal Package on 7/3/03 re: [66-1] appeal; USCA # 03-13403-C (vef) |
| Filing 66 NOTICE OF APPEAL by Mary Ann Smania re: [62-1] order . Filing fee $ 105.00; Receipt # 12212 Transcript information form due 7/14/03 ctc (vef) |
| TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable, re: [66-1] appeal . Transcript information form sent. (vef) |
Filing 65
ORDER: Denying [63-1] motion for reconsideration of [62-1] order and to take notice of factual error. The Clerk is directed to close this case. (Signed by Judge Gregory A. Presnell) ctc (hsh)
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| CASE CLOSED. (hsh) |
| Filing 64 RESPONSE by Sherwin Abrams, Abrams and Chapman to [63-1] motion for reconsideration of [62-1] order and to take notice of factual error. (hsh) |
| Filing 63 MOTION by Mary Ann Smania for reconsideration of [62-1] order and to take notice of factual error . (hsh) |
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Filing 62
ORDER: Granting [26-1] motion to Dismiss Complaint; Granting [27-1] motion to Dismiss for lack of personal jurisdiction and insufficiency of service of process. (Signed by Judge Gregory A. Presnell) ctc (hsh)
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Filing 61
ORDER: Plaintiff's Motion for Certification of an Interlocutory Appeal (Doc. 54) and Plaintiff's pro se Notice of Intent to Appeal and Withdrawal of Consent to Magistrate's Jurisdiction (Doc. 52), which this Court elected to treat as objections to the Magistrate Judge's Endorsed Order (Doc. 31), his treatment of her Certificate of Interested Persons and Corporate Disclosure Statement (Doc. 4) as a motion for recusal, and his subsequent Order (Doc. 43) denying Plaintiff's various motions are OVERRULED. (Signed by Judge Gregory A. Presnell) ctc (hsh)
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| Filing 60 NOTICE by Mary Ann Smania of unavailability from July 1 to July 9, 2003 and July 28 to August 10, 2003. (hsh) |
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Filing 59
ORDER: Denying only to the extent it seeks such certification [54-1] motion for certification of Interlocutory Appeal, otherwise, it and Plaintiff's Notice (Doc. 52) will be treated as objections to the orders of the Magistrate Judge (Docs. 31 & 43); Denying as moot [57-1] motion to compel response to her motion for certification of interlocutory appeal (54-1). Further, Plaintiff and Defendants are advised that this Court, not the Magistrate Judge, will take under advisement the pending dispositive motions for dismissal (Docs. 26 & 27) filed by the Defendants and will render a written opinion on such after considering the complete record including Plaintiff's Motions (Docs. 43 & 44). (Signed by Judge Gregory A. Presnell) ctc MFR Number (hsh)
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| Filing 58 MEMORANDUM by Lawrence Benjamin, Lawrence Richman, Neal, Gerber in opposition to [54-1] motion for certification of Interlocutory Appeal. (hsh) |
| Filing 57 MOTION by Mary Ann Smania to compel response to her motion for certification of interlocutory appeal (54-1) . (hsh) |
| Filing 56 PLAINTIFF'S RESPONSE to Show Cause Order (55-1) filed by plaintiff Mary Ann Smania. (hsh) |
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Filing 55
ORDER TO SHOW cause for lack of prosecution: Response due on 6/10/03 for Mary Ann Smania. (Signed by Judge Gregory A. Presnell) ctc (hsh)
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| Filing 54 MOTION by Mary Ann Smania with memorandum in support for certification of Interlocutory Appeal . (hsh) |
| Filing 53 NOTICE by Mary Ann Smania of unavailability of counsel from May 27 to May 28, 2003 and June 13 to June 19, 2003. (hsh) |
| Filing 52 NOTICE of Intent to Appeal and Withdrawl of Consent to Magistrate's Jurisdiction by Mary Ann Smania. (hsh) |
| Filing 51 TRANSCRIPT of Motion to Recuse Magistrate Judge held on March 25, 2003 before Magistrate Judge James G. Glazebrook. Transcript filed separately. (hsh) |
| Filing 50 MEMORANDUM by Lawrence Benjamin, Lawrence Richman, Neal, Gerber in opposition to [45-1] motion to strike [29-1] Declaration of Lawrence Benjamin. (hsh) |
| Filing 49 MEMORANDUM by Lawrence Benjamin, Lawrence Richman in opposition to Plaintiff's [43-1] renewal of motion to recover costs of service. (hsh) |
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Filing 48
ORDER: Denying [18-1] motion for default judgment against Abrams and Chapman; Denying [19-1] motion for default judgment against Sherwin Abrams; Denying [20-1] motion for default judgment against Lawrence Benjamin; Denying [21-1] motion for default judgment against Lawrence Richman; Denying [25-1] motion to recover costs for service opposing; Denying [43-1] motion to recover costs of service (refer to Motion Entered - Docket # 24); Denying [44-1] motion for More Definite Statement. (Signed by Magistrate Judge James G. Glazebrook) ctc (hsh)
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| Filing 47 MEMORANDUM by Lawrence Benjamin, Lawrence Richman in opposition to [25-1] motion to recover costs for service. (hsh) |
| MOTIONS referred: [45-1] motion to strike [29-1] Declaration of Lawrence Benjamin referred to Magistrate Judge James G. Glazebrook, [44-1] motion for More Definite Statement referred to Magistrate Judge James G. Glazebrook. (hsh) |
| Filing 46 MEMORANDUM by Lawrence Benjamin, Lawrence Richman in opposition to [21-1] motion for default judgment against Lawrence Richman, [20-1] motion for default judgment against Lawrence Benjamin. (hsh) |
| Filing 45 MOTION by Mary Ann Smania to strike [29-1] Declaration of Lawrence Benjamin . (hsh) |
| Filing 44 RESPONSE by Mary Ann Smania to Defendants Sherwin Abrams and Abrams & Chapman's [26-1] Motion to Dismiss Complaint and Memorandum of Law in Support Thereof and MOTION for More Definite Statement . (hsh) |
| Filing 43 RENEWAL OF PLAINTIFF'S MOTION by Mary Ann Smania to recover costs of service (refer to Motion Entered - Docket # 24) ; referred to Magistrate Judge James G. Glazebrook. (hsh) |
| Filing 42 NOTICE by Mary Ann Smania of pendency of other actions re: order of compliance to local rule - case is related to 98 P 5888 (Probate/Cook County, IL); 98-3909 (Probate/Broward County, FL); Mitchell R. Weisz v. George Hartman, et al (Case Dismissed With Prejudice 3/30/01). (hsh) |
| Filing 41 PLAINTIFF'S UPDATED CERTIFICATE OF COMPLIANCE by Mary Ann Smania Re: [3-1] order. (hsh) |
| MOTIONS referred: [27-1] motion to Dismiss for lack of personal jurisdiction and insufficiency of service of process; [27-2] motion to Transfer venue; [27-3] motion to Compel Arbitration; [26-1] motion to Dismiss Complaint; [25-1] motion to recover costs for service opposing; [21-1] motion for default judgment against Lawrence Richman; [20-1] motion for default judgment against Lawrence Benjamin; [19-1] motion for default judgment against Sherwin Abrams; [18-1] motion for default judgment against Abrams and Chapman referred to Magistrate Judge James G. Glazebrook. (hsh) |
| Filing 40 CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT Sherwin Abrams, Abrams and Chapman Re: [36-1] order. (hsh) |
| Filing 39 NOTICE by Sherwin Abrams, Abrams and Chapman of pendency of other actions re: order of compliance to local rule - case is not related. (hsh) |
| Filing 38 NOTICE by Lawrence Benjamin, Lawrence Richman, Neal, Gerber of pendency of other actions re: order of compliance to local rule - case is related to Illinois state court case no. 99 CH 184; 98 P 5888. (hsh) |
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Filing 37
ORDER: Vacating the Magistrate Judge's [31-1] order granting [17-1] motion to extend time to Monday, April 31, 2003. There are not 31 days in April. The Court VACATES the Order (Doc. No. 31) and hereby GRANTED the defendants' Motion to Extend Time (Doc. No. 17) giving the defendants' Richman and Benjamin until May 1, 2003 in which to respond to Plaintiff's Complaint. Set answer due for 5/1/03 for Lawrence Richman, for Lawrence Benjamin . (by Judge Gregory A. Presnell) ctc (hsh)
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| Filing 36 INTERESTED PERSONS ORDER as to DEFENDANTS FOR CIVIL CASES (response due 11 days) ctc (hsh) |
| Filing 35 NOTICE OF PLAINTIFF'S COMPLIANCE WITH SERVICE REQUIREMENT embodied in Related Case Order and Track Two Notice (Docket #2) and Order on Interested Persons and Corporate Disclosure (Docket #3) by Mary Ann Smania. (hsh) |
| Filing 34 CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT by Lawrence Benjamin, Lawrence Richman, Neal, Gerber Re: [30-1] order (hsh) |
| Filing 33 NOTICE OF CASE REASSIGNMENT to the Honorable Judge Gregory A. Presnell. ctc (hsh) |
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Filing 32
ORDER: All orders issued in this case by the undersigned judge are VACATED. The Clerk shall reassign this case. Vacating [30-1] order, vacating [3-1] order. (Signed by Judge Patricia C. Fawsett) ctc (hsh)
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Filing 31
ORDER: Granting [17-1] motion to extend time to Monday, April 31, 2003 to respond to complaint. (Signed by Magistrate Judge James G. Glazebrook) ctc (hsh)
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Filing 30
ORDER as to DEFENDANTS LAWRENCE BENJAMIN, LAWRENCE RICHMAN and NEAL, GERBER AND EISENBERG on Interested Persons and Corporate Disclosure (response due 11 days). ctc (hsh)
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| Filing 29 DECLARATION of Lawrence M. Benjamin by Lawrence Benjamin, Lawrence Richman, Neal, Gerber re: [27-1] motion to Dismiss for lack of personal jurisdiction and insufficiency of service of process, [27-2] motion to Transfer venue, [27-3] motion to Compel Arbitration. (hsh) |
| Filing 28 NOTICE of Filing original declaration of Lawrence M. Benjamin by Lawrence Benjamin, Lawrence Richman, Neal, Gerber. (hsh) |
| Filing 27 MOTION by Lawrence Benjamin, Lawrence Richman, Neal, Gerber with memorandum in support to Dismiss for lack of personal jurisdiction and insufficiency of service of process , motion to Transfer venue , and to Compel Arbitration . (hsh) |
| Filing 26 MOTION by Sherwin Abrams, Abrams and Chapman with memorandum of law in support to Dismiss Complaint . (hsh) |
| Filing 25 RESPONSE by Mary Ann Smania to [17-1] motion to extend time to Monday, April 31, 2003 and MOTION to recover costs for service opposing ; referred to Magistrate Judge James G. Glazebrook. (hsh) |
| Filing 24 NOTICE by Mary Ann Smania of unavailability from April 14 to April 29, 2003. (hsh) |
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Filing 23
ORDER: Denying Certificate of Interested Persons and treated as a [4-1] motion for recusal. (Signed by Magistrate Judge James G. Glazebrook) ctc (hsh)
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| Filing 22 NOTICE OF FILING in Support by Lawrence Benjamin, Lawrence Richman to Defendants, Lawrence Benjamin and Lawrence Richman's [17-1] motion to extend time to Monday, April 31, 2003 to respond to complaint. (hsh) |
| Filing 21 MOTION by Mary Ann Smania for default judgment against Lawrence Richman . (hsh) |
| Filing 20 MOTION by Mary Ann Smania for default judgment against Lawrence Benjamin . (hsh) |
| Filing 19 MOTION by Mary Ann Smania for default judgment against Sherwin Abrams . (hsh) |
| Filing 18 MOTION by Mary Ann Smania for default judgment against Abrams and Chapman . (hsh) |
| Filing 17 MOTION by Lawrence Benjamin, Lawrence Richman with memorandum in support to extend time to Monday, April 31, 2003 ; referred to Magistrate Judge James G. Glazebrook. (hsh) |
| Filing 16 MOTION HEARING held on March 25, 2003 re: [4-1] motion for recusal before Magistrate Judge James G. Glazebrook. (hsh) |
| Filing 15 NOTICE of defendants' Abrans and Abrams and Chapman written response to plaintiff's affidavit by Mary Ann Smania. (hsh) |
| Filing 14 NOTICE of attorney appearance for Sherwin Abrams by Sherwin D. Abrams. (hsh) |
| Filing 13 AFFIDAVIT of Mary Ann Smania regarding service (hsh) |
| Filing 12 RETURN of service executed as to Abrams and Chapman on 3/4/03. Answer due on 3/24/03 for Abrams and Chapman. (hsh) |
| Filing 11 RETURN of service executed as to Lawrence Richman on 3/3/03. Answer due on 3/24/03 for Lawrence Richman. (hsh) Modified on 03/06/2003 |
| Filing 10 RETURN of service executed as to Lawrence Benjamin on 3/3/03. Answer due on 3/24/03 for Lawrence Benjamin. (hsh) |
| Filing 9 RETURN of service executed as to Sherwin Abrams on 3/4/03. Answer due on 3/24/03 for Sherwin Abrams. (hsh) |
| Filing 8 WAIVER OF SERVICE returned executed by Jerry H. Biederman, Managing Partner of Neal, Gerber & Eisenberg. Answer due on 3/31/03 for Neal, Gerber & Eisenberg. (hsh) Modified on 03/05/2003 |
| Filing 7 NOTICE OF HEARING: Motion hearing set at 10:30 a.m. on 3/25/03 for [4-1] motion for recusal; scheduled before Magistrate Judge James G. Glazebrook (Signed by Magistrate Judge James G. Glazebrook) ctc (hsh) |
| Filing 6 NOTICE by Mary Ann Smania of pendency of other actions re: order of compliance to local rule - case is related to Estate of Paul Smania, Deceased, No. 98-P5888 Docket 53, Page 339 and Mitchell R. Weisz v. George Hartman - case no. 99CH184. (hsh) |
| Filing 5 NOTICE of Clerical Error by Mary Ann Smania. (hsh) |
| Filing 4 MOTION by Mary Ann Smania for recusal ; referred to Magistrate Judge James G. Glazebrook. (hsh) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONSS AND CORPORATE DISCLOSURE STATEMENT by Mary Ann Smania Re: [3-1] order (hsh) |
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Filing 3
ORDER on Interested Persons and Corporate Disclosure (response due 11 days) ctc (hsh)
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| Filing 2 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - TRACK 2 (response due 11 days). (ctc) (hsh) |
| Filing 1 COMPLAINT filed. Filing Fee: $150.00; Receipt # 10670. (hsh) |
| MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: James G. Glazebrook. (hsh) |
| SUMMONSES issued for Sherwin Abrams, Abrams and Chapman, Lawrence Benjamin, Lawrence Richman, Neal, Gerber. (hsh) |
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