Aviram et al v. The Bank of New York, Inc.
| JACARANDA, LLC, as Trustee of the 1427 Emerald Hill Way Land Trust, SUZANNE EATON, MARK EATON, KENNETH KAYE, Jimmy Aviram, Albert Wilson, CENTURION SYSTEMS, LLC, a New Mexico Limited Liability Company, as Trustee of the 2381 Bridgewood Trail Land Trust, INLAND ASSETS, LLC, as Trustee of the 7724 U.S. Open Loop Land Trust, BCP MANAGEMENT, LLC, as Trustee of the 2778 Wyndham Way Land Trust, CENTURION SYSTEMS, LLC, a New Mexico Limited Liability Company, as Successor Trustee under the 6280 30th Avenue North Land Trust, INLAND ASSETS, LLC, as Trustee of the 8101 Lake Serene Drive Land Trust, ABPAYMAR, LLC, as Trustee of the 8523 Crescent Moon Drive Land Trust, BONAFIDE PROPERTIES, LLC, as Trustee under the 6733 Breezy Palm Drive Land Trust Dated the 30 Day of April, 2014, GOSSAMER WING, LLC, as Trustee, AVA LOFGREN f/k/a NICHOLAS LOFGREN; MDTR, LLC, as Trustee of the 9937 Sago Point Drive Land Trust, ABPAYMAR, LLC, as Trustee of the 1944 Woodcut Drive Land Trust, JUDITH COOK, ABPAYMAR, LLC, as Trustee of the 3535 Heron Drive Land Trust, Wallace Cook, KRISTINE KAYE, JACARANDA, LLC, as Trustee of the 5817 Peach Heather Trail Land Trust, Ava Lofgren, Centurion Systems, LLC, BCP Management, LLC, Gossamer Wing, LLC, Inland Assets, LLC, Jacaranda, LLC, Nicholas Lofgren, Abpaymar, LLC and Bonafide Properties, LLC |
| The Bank of New York, Inc. |
| 8:2021cv01608 |
| July 2, 2021 |
| U.S. District Court for the Middle District of Florida |
| Steven D Merryday |
| Anthony E Porcelli |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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| Filing 14 RESPONSE in Opposition re #8 MOTION to Dismiss for Failure to State a Claim and Memorandum of Law filed by Abpaymar, LLC(as Trustee of the 3535 Heron Drive Land Trust), Abpaymar, LLC(as Trustee of the 8523 Crescent Moon Drive Land Trust ), Abpaymar, LLC(as Trustee of the 1944 Woodcut Drive Land Trust ), Jimmy Aviram, BCP Management, LLC, Bonafide Properties, LLC, Centurion Systems, LLC(a New Mexico Limited Liability Company, as Successor Trustee under the 6280 30th Avenue North Land Trust ), Centurion Systems, LLC(a New Mexico Limited Liability Company, as Trustee of the 2381 Bridgewood Trail Land Trust ), Judith Cook, Wallace Cook, Mark Eaton, Suzanne Eaton, Gossamer Wing, LLC, Inland Assets, LLC(as Trustee of the 7724 U.S. Open Loop Land Trust ), Inland Assets, LLC(as Trustee of the 8101 Lake Serene Drive Land Trust ), Jacaranda, LLC( as Trustee of the 1427 Emerald Hill Way Land Trust ), Jacaranda, LLC(as Trustee of the 5817 Peach Heather Trail Land Trust ), Kenneth Kaye, Kristine Kaye, Ava Lofgren, Albert Wilson. (Segal, Lee) |
| Filing 13 RESPONSE in Opposition re #10 MOTION to Strike #1 Notice of Removal , #11 MOTION to Remand to State Court for Lack of Jurisdiction filed by The Bank of New York, Inc.. (Attachments: #1 Exhibit A)(Brochin, Robert) |
| Filing 12 NOTICE of supplemental authority re #11 MOTION to Remand to State Court for Lack of Jurisdiction by Abpaymar, LLC(as Trustee of the 3535 Heron Drive Land Trust), Abpaymar, LLC(as Trustee of the 8523 Crescent Moon Drive Land Trust ), Abpaymar, LLC(as Trustee of the 1944 Woodcut Drive Land Trust ), Jimmy Aviram, BCP Management, LLC, Bonafide Properties, LLC, Centurion Systems, LLC(a New Mexico Limited Liability Company, as Successor Trustee under the 6280 30th Avenue North Land Trust ), Centurion Systems, LLC(a New Mexico Limited Liability Company, as Trustee of the 2381 Bridgewood Trail Land Trust ), Judith Cook, Wallace Cook, Mark Eaton, Suzanne Eaton, Gossamer Wing, LLC, Inland Assets, LLC(as Trustee of the 7724 U.S. Open Loop Land Trust ), Inland Assets, LLC(as Trustee of the 8101 Lake Serene Drive Land Trust ), Jacaranda, LLC( as Trustee of the 1427 Emerald Hill Way Land Trust ), Jacaranda, LLC(as Trustee of the 5817 Peach Heather Trail Land Trust ), Kenneth Kaye, Kristine Kaye, Ava Lofgren, Albert Wilson. (Attachments: #1 Exhibit)(Segal, Lee) |
| Filing 11 MOTION to Remand to State Court for Lack of Jurisdiction by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit)(Segal, Lee) |
| Filing 10 MOTION to Strike #1 Notice of Removal by All Plaintiffs. (Segal, Lee) |
| Filing 9 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (GSO) |
| Filing 8 MOTION to Dismiss for Failure to State a Claim and Memorandum of Law by The Bank of New York, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Brochin, Robert) |
| Filing 7 NOTICE of a related action per Local Rule 1.07(c) by The Bank of New York, Inc.. Related case(s): Yes (Brochin, Robert) |
Filing 6
ORDER granting #4--motion for an extension of time; extending through 7/19/2021 the time within which The Bank of New York, Inc., must respond to the complaint. Signed by Judge Steven D. Merryday on 7/8/2021. (BK)
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| Filing 5 NOTICE of Local Rule 1.07(c) and Local Rule 3.02(a)(2): -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (GSO) |
| Filing 4 MOTION for Extension of Time to File Answer re #1 Notice of Removal /Complaint by The Bank of New York, Inc.. (Brochin, Robert) |
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Filing 3
ORDER and NOTICE: COMPLIANCE WITH LOCAL RULE 1.08. Signed by Judge Steven D. Merryday on 2/5/2021. (BK)
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| Filing 2 NEW CASE ASSIGNED to Judge Steven D. Merryday and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-1608-SDM-AEP. (LRB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 6th Circuit Court in and for Pinellas County, FL, case number 21-002653-CI filed in State Court on 05/28/2021. Filing fee $ 402, receipt number AFLMDC-18436851 filed by The Bank of New York, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 State Court COMPLAINT Ex. D, #5 State Court Other Documents Ex. E, #6 State Court Other Documents State Notice of Removal, #7 State Court Docket Sheet, #8 Civil Cover Sheet)(Brochin, Robert) |
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