Empire J Investments LLC v. Fair Rock Investments, LLC et al
| Empire J Investments LLC |
| U.S. Bank Trust, N.A. as trustee for LSF9 Master Participation Trust, Fair Rock Investments, LLC and Jeffrey Aronson |
| 0:2021cv60067 |
| January 12, 2021 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Lurana S Snow |
| Real Property: Other |
| 12 U.S.C. § 1821 |
| None |
Docket Report
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This docket was last retrieved on March 11, 2021. A more recent docket listing may be available from PACER.
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Filing 16
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff/Counter-Defendant Empire J Investments' ("Plaintiff Empire") Unopposed Motion for Extension of Time to Respond to Counterclaim. #15 . Plaintiff Empire filed the Complaint on January, 12, 2021 #1 , and Defendant/Counter-Plaintiff U.S. Bank ("Defendant U.S. Bank") filed its Answer, Affirmative Defenses, Counterclaim, and Crossclaim on February 17, 2021. #9 . Thus, Plaintiff Empire's response to Defendant U.S. Bank's Counterclaim was due on or before March 10, 2021. #15 at 1. Now, Plaintiff Empire requests that the Court extend the deadline for its response to March 19, 2021 "in order to prepare appropriate responses to U.S. Bank's Counterclaim." Id. at 1-2. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #15 is GRANTED. Plaintiff Empire shall respond to the Counterclaim on or before March 19, 2021. Signed by Chief Judge K. Michael Moore on 3/11/2021. (thn)
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| Filing 15 Unopposed MOTION Unopposed Motion for Extension of Time to Respond to Counterclaim by Empire J Investments LLC. (Jurman, Rory) |
| Filing 14 Summons Issued as to Fair Rock Investments, LLC. (mee) |
| Filing 13 NOTICE of Filing Proposed Summons(es) by U.S. Bank Trust, N.A. as trustee for LSF9 Master Participation Trust re #9 Answer to Complaint,,, Crossclaim,,, Counterclaim,, filed by U.S. Bank Trust, N.A. as trustee for LSF9 Master Participation Trust (Samsing, Erik) |
| Filing 12 CERTIFICATE OF SERVICE by U.S. Bank Trust, N.A. as trustee for LSF9 Master Participation Trust re #9 Answer to Complaint,,, Crossclaim,,, Counterclaim,, (Attachments: #1 Attachment)(Samsing, Erik) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Empire J Investments LLC. Fair Rock Investments, LLC served on 2/10/2021, answer due 3/3/2021. (Jurman, Rory) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Empire J Investments LLC. Jeffrey Aronson served on 2/10/2021, answer due 3/3/2021. (Jurman, Rory) |
| Filing 9 Defendant's ANSWER and Affirmative Defenses to Complaint , CROSSCLAIM against Fair Rock Investments, LLC, Empire J Investments LLC, COUNTERCLAIM against Fair Rock Investments, LLC, Empire J Investments LLC by U.S. Bank Trust, N.A. as trustee for LSF9 Master Participation Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Samsing, Erik) |
| Filing 8 ACKNOWLEDGMENT OF SERVICE Acceptance and Waiver of Service filed by U.S. Bank Trust, N.A. as trustee for LSF9 Master Participation Trust. (Samsing, Erik) |
| Filing 7 NOTICE of Attorney Appearance by Erik Tyler Samsing on behalf of U.S. Bank Trust, N.A. as trustee for LSF9 Master Participation Trust. Attorney Erik Tyler Samsing added to party U.S. Bank Trust, N.A. as trustee for LSF9 Master Participation Trust(pty:dft). (Samsing, Erik) |
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Filing 6
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES signed by Magistrate Judge Lurana S. Snow on 1/21/2021. (jz)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lurana S. Snow's discovery procedures, which the parties shall be advised of by the entry of an Order. Signed by Chief Judge K. Michael Moore on 1/13/2021. (tgr)
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Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 1/13/2021. (tgr)
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| Filing 3 Summons Issued as to Jeffrey Aronson, Fair Rock Investments, LLC, U.S. Bank Trust, N.A. as trustee for LSF9 Master Participation Trust. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mee) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14200866, filed by Empire J Investments LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Jurman, Rory) |
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