MANDELBAUM et al v. DISANTO
| EDWARD MANDELBAUM and BARRY RELL |
| PATRICK DISANTO, PATRICK MATTHEW YORK, MATTHEW YORK, ADAM YORK AKANTA, MATTHEW YORK MACKLEE, PATRICK DISANTO DELLA SCAPVULA and JORY BRANDT |
| 8:2017cv01899 |
| August 10, 2017 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| XX US, Outside State |
| Elizabeth A Kovachevich |
| Julie S Sneed |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 37
ENDORSED ORDER dismissing case for failure to comply with 36 Order to show cause. The Clerk of Court is directed to close this case and terminate any pending motions. Signed by Judge Elizabeth A. Kovachevich on 12/1/2017. (EJJ)
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Filing 36
ENDORSED ORDER to show cause as to EDWARD MANDELBAUM, BARRY RELL. Plaintiffs are directed to show cause, in writing on or before November 17, 2017, why the case should not be dismissed for failure to prosecute. Failure to respond within the time permitted shall result in dismissal of the case without further notice. Show Cause Response due by 11/17/2017. Signed by Judge Elizabeth A. Kovachevich on 11/3/2017. (EJJ)
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| Filing 35 NOTICE of designation under Local Rule 3.05 - track 2 issued by Deputy Clerk on 8/11/2017. (SMB) |
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Filing 34
STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by Judge Elizabeth A. Kovachevich on 8/10/2017. (JNB)
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| Filing 33 NOTICE to counsel of new case number and judge assignment 8:17-cv-1899-T-17JSS (signed by deputy clerk). (JNB) |
| Filing 32 Case transferred in from District of Florida Northern; Case Number 3:14-cv-00461. File received electronically |
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Filing 31
ORDER ADOPTING #30 chief magistrate judge's REPORT AND RECOMMENDATION dated 5/5/2017. The chief magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this order. Plaintiff's request to transfer venue pursuant to 28 U.S.C. 1391(b)(2) and 1404(a) (ECF No. 29) is GRANTED, and this case is TRANSFERRED to the United States District Court for the Middle District of Florida, Tampa Division for all further proceedings. Signed by SENIOR JUDGE ROGER VINSON on 8/8/2017. (alb) [Transferred from flnd on 8/10/2017.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: #30 REPORT AND RECOMMENDATION (NO OBJECTIONS FILED) - R&R flag set (alb) [Transferred from flnd on 8/10/2017.] |
| Filing 30 REPORT AND RECOMMENDATION That Plaintiffs request to transfer venue, pursuant to 28 U.S.C. 1391(b)(2) and 1404(a) (ECF No. #29 ), be GRANTED, and this case TRANSFERRED to the United States District Court for the Middle District of Florida, Tampa Division, for all further proceedings. R&R flag set Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 5/5/2017. Internal deadline for referral to district judge if objections are not filed earlier: 6/2/2017. (alb) [Transferred from flnd on 8/10/2017.] |
| Filing 29 RESPONSE by EDWARD MANDELBAUM, BARRY RELL re #28 Order. (sdw) [Transferred from flnd on 8/10/2017.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #29 Response. (sdw) [Transferred from flnd on 8/10/2017.] |
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Filing 28
ORDER - Within 14 days from the date of docketing of this order Plaintiffs shall file a dispositive motion or seed transfer of this action to a proper district. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 4/19/2017. (Miscellaneous Deadline - by 5/3/2017.) (djb) [Transferred from flnd on 8/10/2017.]
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| Filing 27 RESPONSE by EDWARD MANDELBAUM, BARRY RELL re #26 Order to Show Cause. (djb) [Transferred from flnd on 8/10/2017.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #27 Response, #26 Order to Show Cause. (djb) [Transferred from flnd on 8/10/2017.] |
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Filing 26
ORDER TO SHOW CAUSE - Within 14 days from the date of docketing of this order Plaintiff shall show cause why this case should not be dismissed for lack of prosecution. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 4/4/2017. Show Cause Response due by 4/18/2017. (djb) [Transferred from flnd on 8/10/2017.]
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| Filing 25 PLAINTIFFS' RESPONSE to the Court's November 16, 2016 #24 Order, by EDWARD MANDELBAUM. (djb) [Transferred from flnd on 8/10/2017.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #25 Plaintiffs' Response to the Court's November 16, 2016, #24 Order. (djb) [Transferred from flnd on 8/10/2017.] |
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Filing 24
ORDER - Within 14 DAYS from the date of docketing of this order, Plaintiffs shall notify the court how they intend to proceed with this case. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 11/16/2016. (Internal deadline for referral to judge if response not filed earlier: 12/1/2016.) (djb) [Transferred from flnd on 8/10/2017.]
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| Filing 23 MOTION to Correct Docket Entry re: #19 Summons Returned Executed by EDWARD MANDELBAUM. (granted see #22 Order) (djb) [Transferred from flnd on 8/10/2017.] |
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Filing 22
ORDER of Deficiency Re: Plaintiff Mandelbaum's document titled "Filing Memorandum," received by the clerk of the court on August 11, 2016. The clerk shall file the document as a Motion to Correct Docket Entry. The Motion to Correct Docket Entry is GRANTED. The clerk of court shall correct ECF No. #19 to reflect that the document is a Certificate of Service, and shall link the document to ECF Nos. #17 & #18 . Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 8/11/2016. (djb) [Transferred from flnd on 8/10/2017.]
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Filing 21
ORDER - The #18 Plaintiffs' Request for Judicial Notice of Final Judgment and Underlying Pleadings in a Related Proceeding is GRANTED ONLY TO THE EXTENT THAT the court takes judicial notice of the documents attached to the motion, not for the truth of the matters asserted therein but to establish the fact of such litigation and related filings. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 5/18/2016. (djb) [Transferred from flnd on 8/10/2017.]
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| Filing 20 Clerk's ENTRY OF DEFAULT against PATRICK DISANTO. (djb) [Transferred from flnd on 8/10/2017.] |
| Filing 19 Certificate of Service re: #17 Request for Entry of Default, #18 Plaintiff's Request for Judicial Notice of Final Judgment and Underlying Pleadings in a Related Proceedings by EDWARD MANDELBAUM. (djb) Modified on 8/11/2016, docket entry corrected per #22 Order (djb). [Transferred from flnd on 8/10/2017.] |
| Filing 18 PLAINTIFFS REQUEST for Judicial Notice of Final Judgment and Underlying Pleadings in a Related Proceedings by EDWARD MANDELBAUM, BARRY RELL. (djb) [Transferred from flnd on 8/10/2017.] |
| Filing 17 REQUEST for Entry of Default by EDWARD MANDELBAUM, BARRY RELL. (djb) [Transferred from flnd on 8/10/2017.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #18 PLAINTIFFS REQUEST for Judicial Notice of Final Judgment and Underlying Pleadings in a Related Proceedings, #17 MOTION for Entry of Default. Referred to ELIZABETH M TIMOTHY. (djb) [Transferred from flnd on 8/10/2017.] |
| Filing 16 SUMMONS Returned Executed. PATRICK DISANTO served on 10/28/2015, answer due 11/18/2015. (djb) [Transferred from flnd on 8/10/2017.] |
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Filing 15
ORDER granting Plaintiffs' #14 Motion for Additonal [sic] Extension of Time to Serve Process on Defendant Patrick Disanto. Plaintiffs shall serve Defendant Patrick Disanto on or before 1/5/2016. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 9/14/2015. (djb) [Transferred from flnd on 8/10/2017.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #14 MOTION for Additional Extension of Time to Serve Process on Defendant Patrick Disanto. Referred to ELIZABETH M TIMOTHY. (djb) [Transferred from flnd on 8/10/2017.] |
| Filing 14 MOTION for Additonal [sic] Extension of Time to Serve Process on Defendant Patrick Disanto by EDWARD MANDELBAUM, BARRY RELL. (djb) Modified on 9/14/2015 (djb). [Transferred from flnd on 8/10/2017.] |
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Filing 13
ORDER granting #12 MOTION for Additional Extension of Time to Serve Process on Defendant Patrick Disanto. Plaintiffs shall serve Defendant Patrick Disanto on or before SEPTEMBER 7, 2015. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 6/9/2015. (sdw) [Transferred from flnd on 8/10/2017.]
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| Filing 12 MOTION for Additional Extension of Time to Serve Process on Defendant Patrick Disanto by EDWARD MANDELBAUM, BARRY RELL. (djb) [Transferred from flnd on 8/10/2017.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #12 MOTION for Additional Extension of Time to Serve Process on Defendant Patrick Disanto. Referred to ELIZABETH M TIMOTHY. (djb) [Transferred from flnd on 8/10/2017.] |
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Filing 11
ORDER. Within TWENTY-ONE (21) DAYS from the date of docketing of this order Plaintiffs shall show cause why this action should not be dismissed without prejudice for failure to timely serve the complaint. (Show Cause Response due by 6/2/2015.) Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 5/12/2015. (sdw) Modified on 5/12/2015 to edit response date (sdw). [Transferred from flnd on 8/10/2017.]
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| Set Deadlines re #11 Order. Show Cause Response due by 6/2/2015. (sdw) [Transferred from flnd on 8/10/2017.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #10 Order, (no filing) (djb) [Transferred from flnd on 8/10/2017.] |
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Filing 10
ORDER granting #9 MOTION for Extension of Time to serve Process on Defendant Patrick Disanto. Plaintiffs shall serve Defendant on or before 5/8/2015. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 1/21/2015. (djb) [Transferred from flnd on 8/10/2017.]
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| Filing 9 MOTION for Extension of Time to serve Process on Defendant Patrick Disanto by EDWARD MANDELBAUM, BARRY RELL. (djb) [Transferred from flnd on 8/10/2017.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #9 MOTION for Extension of Time to serve Process on Defendant Patrick Disanto. Referred to ELIZABETH M TIMOTHY. (djb) [Transferred from flnd on 8/10/2017.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 5 Summons Issued ***Reset Deadline - 120 Day No Activity Deadline set for 1/8/2015 from date of summons issued. (no activity) (djb) [Transferred from flnd on 8/10/2017.] |
| Filing 8 DOCKET ANNOTATION BY COURT: re: Phone conversation with Plaintiff, Edward Mandelbaum the documents, #4 Order and 5 Summons Issued, with waiver form mailed to plaintiff to the same address on record. (djb) [Transferred from flnd on 8/10/2017.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #7 Mail Returned, #4 Order, with summons and waiver form. (djb) [Transferred from flnd on 8/10/2017.] |
| Filing 7 Mail Returned as Undeliverable. Mail sent to EDWARD MANDELBAUM Re: #4 ORDER. (djb) [Transferred from flnd on 8/10/2017.] |
| Filing 5 Summons Issued as to PATRICK DISANTO. (docs to Pla Mandelbaum per #4 Order) (sdw) [Transferred from flnd on 8/10/2017.] |
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Filing 4
ORDER. The clerk of court shall issue a summons for Defendant and send the summons to Plaintiff Mandelbaum. The clerk shall also send Plaintiff Mandelbaum a copy of the waiver of service forms for Plaintiffs' use. Plaintiffs are responsible for prompt service of a summons and a copy of the complaint upon Defendant. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 9/10/2014. (summons and forms to Pla Mandelbaum) (sdw) [Transferred from flnd on 8/10/2017.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #1 Complaint. (filing fee paid) (djb) [Transferred from flnd on 8/10/2017.] |
| Filing 2 CIVIL COVER SHEET. (djb) [Transferred from flnd on 8/10/2017.] |
| Filing 1 COMPLAINT against PATRICK DISANTO, filed by EDWARD MANDELBAUM, BARRY RELL. (Attachments: #1 Exhibit) (filing fee paid Receipt #FLN3-8267) (djb) Modified on 9/5/2014 (djb). [Transferred from flnd on 8/10/2017.] |
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