Aegis Asset Trust et al v. Rand et al
| Aegis Asset Securitized LLC, ACM Trust, Magnolia Trust, Middletown Property Management, LLC, Aegis Financial Advisors, Inc., Bonita Trust, Ola Trust, Dry Creek Properties LLC, Two STPT Trust, Poinsettia Trust, New Orleans Trust, Aegis 13th Ave Trust, The 409-411 Cleveland Trust, Aegis Capital Markets, Inc., Seventh Avenue Trust, Mulberry Trust, Mallard Trust, Aegis Asset Trust, 1816 E. Wood Land Trust and Dry Creek Mortgage |
| INXS VI, LLC, INXS VII, LLC, Jamie Rand, Mulrennan Land Trust, Lake Christina Land Trust, Nineth Street Land Trust, 9501 N Takomah Rd Trust, 904 S Tyler Street Land Trust, Appian Land Trust, Tyler Street Land Trust, 25th Avenue Land Trust, Humphrey Land Trust, Manhattan Land Trust, Nola Land Trust, Newport Land Trust, Takomah Trail Land Trust, Gunstock Land Trust, Wet Rock Land Trust, Chisholm Land Trust, Water Oak Land Trust, Rajax Land Trust, Forty Eighth Land Trust, 56th Avenue Land Trust, 4410 E 25th Ave Trust, 7210 N Manhattan Ave Unit 1124 Trust, 1501 E New Orleans Ave Trust, 8414 N New Port Ave Trust and Daniel Feinman Esq. |
| 8:2024cv01567 |
| June 28, 2024 |
| U.S. District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Amanda Arnold Sansone |
| Real Property: Other |
| 42 U.S.C. ยง 1471 Declaratory & Injunctive Relief - Foreclo |
| None |
Docket Report
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This docket was last retrieved on August 8, 2024. A more recent docket listing may be available from PACER.
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Filing 11
ENDORSED ORDER: The #10 Motion for Reconsideration is DENIED. At minimum, this case involves parties and issues that substantially overlap with the parties and issues in the consolidated bankruptcy appeals. See Aegis Asset Trust et al v. Dauval et al., 8:23-cv-2473. Therefore, as stated in the earlier endorsed order, the Court concludes that a stay furthers the interests of judiciary efficiency. Plaintiffs need not serve Defendants while the stay is in effect. Signed by Judge Kathryn Kimball Mizelle on 8/8/2024. (CMM)
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| Filing 10 MOTION for Reconsideration and Clarification and Motion to Extend Time to Serve the Complaint and Summons by All Plaintiffs. (Rubaii, Jawdet) |
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Filing 9
ENDORSED ORDER: A district court possesses "inherent authority to issue a stay for the purposes of managing its own docket." Four Seasons Hotels & Resorts, B.V. v. Consorcio Barr S.A., 377 F.3d 1164, 1172 n.7 (11th Cir. 2004). In the interests of judicial efficiency, and because this suit involves the same parties and raises the same issues as the consolidated appeals in 8:23-cv-2473, the Court directs the Clerk to ADMINISTRATIVELY CLOSE this action pending resolution of those appeals. This case remains stayed until further notice. No later than seven days after the consolidated appeals are resolved in 8:23-cv-2473, Plaintiff shall file a status report as to the proper disposition of this case. Signed by Judge Kathryn Kimball Mizelle on 7/23/2024. (CMM)
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| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE re 5 Order filed by 1816 E. Wood Land Trust, ACM Trust, Aegis 13th Ave Trust, Aegis Asset Securitized LLC, Aegis Asset Trust, Aegis Capital Markets, Inc., Aegis Financial Advisors, Inc., Bonita Trust, Dry Creek Mortgage, Dry Creek Properties LLC, Magnolia Trust, Mallard Trust, Middletown Property Management, LLC, Mulberry Trust, New Orleans Trust, Ola Trust, Poinsettia Trust, Seventh Avenue Trust, The 409-411 Cleveland Trust, Two STPT Trust. (Rubaii, Jawdet) |
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Filing 7
ORDER granting #6 Motion for Extension of Time to File. Plaintiff may respond to the order to show cause no later than July 16, 2024. Signed by Judge Kathryn Kimball Mizelle on 7/15/2024. (CMM)
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| Filing 6 MOTION for Extension of Time to File Response/Reply as to 5 Order to Show Cause by All Plaintiffs. (Rubaii, Jawdet) |
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Filing 5
ENDORSED ORDER: Plaintiff is ordered to show cause, no later than July 12, 2024, and in a brief no longer than 10 pages, why this action should not be dismissed as duplicative of the ongoing proceedings in 8:23-cv-2473. See Georgia ex. rel. Olens v. McCarthy, 833 F.3d 1317, 1321 (11th Cir. 2016) ("Although no precise test has been articulated for making [the] determination that litigation is duplicative, the general rule is that a suit is duplicative of another suit if the parties, issues and available relief do not significantly differ between the two actions. Under those circumstances... federal courts are afforded broad discretion in determining whether to stay or dismiss litigation in order to avoid duplicating a proceeding already pending in another federal court." (cleaned up)). All proceedings in this case are STAYED until further notice. Signed by Judge William F. Jung on 7/2/2024. (CMM)
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| Filing 4 NOTICE of Lead Counsel Designation by Jawdet I. Rubaii on behalf of 1816 E Woodland Trust, ACM Trust, Aegis 13th Ave Trust, Aegis Asset Securitized LLC, Aegis Asset Trust, Aegis Capital Markets, Inc., Aegis Financial Advisors, Inc., Bonita Trust, DRY CREEK MORTGAGE, LLC, Dry Creek Properties LLC, Magnolia Trust, Mallard Trust, Middletown Property Management, LLC, Mulberry Trust, New Orleans Trust, Ola Trust, Poinsettia Trust, Seventh Avenue Trust, The 409-411 Cleveland Trust, Two STPT Trust. Lead Counsel: Jawdet I. Rubaii. (Rubaii, Jawdet) |
| Filing 3 NOTICE TO COUNSEL Jawdet I. Rubaii of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Amanda Arnold Sansone. New case number: 8:24-cv-1567-KKM-AAS. (AJS) |
| Filing 1 COMPLAINT for Declaratory Relief against All Defendants (Filing fee $405 receipt number BFLMDC-22249716) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Rubaii, Jawdet) |
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