Millstein v. Holtz et al
| Fanny B Millstein |
| Para Longevity 2016-5, LLC, Marshall Seeman, Para Longevity Holdings VI, LLC, Para Longevity 2016-3, LLC, National Senior Insurance, Inc. a Florida corporation doing business as Seeman Holtz, Emerald Assets Holdings, LLC, Para Longevity 2014-5, LLC, Para Longevity 2018-3, LLC, Para Longevity 2018-5, LLC, Emerald Assets 2018, LLC, Para Para Longevity 2015-5, LLC, Integrity Assets, LLC and Eric Holtz |
| 0:2021cv61179 |
| June 7, 2021 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 30, 2022. A more recent docket listing may be available from PACER.
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Filing 45
MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM or, MOTION for More Definite Statement by Emerald Assets 2018, LLC, Emerald Assets Holdings, LLC, Integrity Assets, LLC, National Senior Insurance, Inc., Para Longevity 2014-5, LLC, Para Longevity 2016-3, LLC, Para Longevity 2016-5, LLC, Para Longevity 2018-3, LLC, Para Longevity 2018-5, LLC, Para Longevity Holdings VI, LLC, Para Para Longevity 2015-5, LLC, Marshall Seeman. Attorney Scott Alan Orth added to party Emerald Assets 2018, LLC(pty:dft), Attorney Scott Alan Orth added to party Emerald Assets Holdings, LLC(pty:dft), Attorney Scott Alan Orth added to party Integrity Assets, LLC(pty:dft), Attorney Scott Alan Orth added to party Para Longevity 2016-3, LLC(pty:dft), Attorney Scott Alan Orth added to party Para Longevity 2016-5, LLC(pty:dft), Attorney Scott Alan Orth added to party Para Longevity 2018-3, LLC(pty:dft), Attorney Scott Alan Orth added to party Para Longevity 2018-5, LLC(pty:dft), Attorney Scott Alan Orth added to party Para Longevity Holdings VI, LLC(pty:dft), Attorney Scott Alan Orth added to party Para Para Longevity 2015-5, LLC(pty:dft). Responses due by 8/17/2021 (Attachments: #1 Exhibit)(Orth, Scott)
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Filing 44
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fanny B Millstein. Emerald Assets Holdings, LLC served on 7/16/2021, answer due 8/6/2021. (Sallah, James)
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Filing 43
PAPERLESS ORDER setting telephonic status conference. The Court will hold a telephonic conference on Monday, August 16, 2021 at 1:00 P.M. The parties are instructed to call 1-877-402-9753 by no later than 12:55 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e. not a cellular phone or a speaker phone) if possible, for clarity. Signed by Judge Rodolfo A. Ruiz, II on 7/19/2021. (co)
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Filing 42
PAPERLESS ORDER granting defense counsel's ore tenus motion to extend the deadline for all Defendants to answer. In accordance with the Court's July 14th Paperless Order 26 , all named Defendants shall file their response to the Complaint on or before August 4, 2021. Additionally, the Court does not permit the filing of separate motions, unless there are clear conflicts of positions. Therefore, Defendants shall file either a joint motion, or separate answers by no later than August 4th. Lastly, given the interest in expediency of this matteras discussed during the telephonic status conference on July 19th 40 no further extensions will be permitted with respect to the instant deadline. Signed by Judge Rodolfo A. Ruiz, II on 7/19/2021. (co)
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Filing 41
Clerks Notice of Docket Correction re #38 Clerks Entry/Non-Entry of Default,. Correction Other. VACATED PER CHAMBERS (cds)
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Filing 40
PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 7/19/2021. Order to follow. Attorney Appearance(s): James D. Sallah, Scott Lance Silver, Peter Mathis Spett, David Buckner, Scott Alan Orth, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
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Filing 39
Clerks Non-Entry of Default as to Para Longevity 2016-3, LLC, Para Longevity 2018-3, LLC. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket Signed by DEPUTY CLERK on 7/19/2021. (cds)
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Filing 38
(VACATED PER CHAMBERS) Clerks Entry of Default as to EMERALD ASSETS 2018, LLC, Integrity Assets, LLC, PARA LONGEVITY 2018-5, LLC, PARA LONGEVITY HOLDINGS VI, LLC - Motions Terminated: #37 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 7/19/2021. (cds) Modified Text on 7/19/2021 (cds).
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Filing 37
MOTION for Clerks Entry of Default as to Emerald Assets 2018, LLC, Integrity Assets, LLC, Para Longevity 2016-3, LLC, Para Longevity 2018-3, LLC, Para Longevity Holdings VI, LLC by Fanny B Millstein. (Attachments: #1 Affidavit Affidavit of James D. Sallah)(Sallah, James)
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Filing 36
Summons Issued as to Emerald Assets Holdings, LLC. (cds)
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Filing 35
NOTICE of Filing Proposed Summons(es) Emerald Assets Holdings, LLC C/O Marshall Seeman by Fanny B Millstein (Sallah, James)
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PAPERLESS ORDER re-setting telephonic status conference. Given defense counsel's communication with the Court that he is unavailable for the conference this morning, the telephonic status conference previously scheduled for Thursday, July 15, 2021 is hereby reset for Monday, July 19, 2021 at 11:00 A.M. The parties are instructed to call 1-877-402-9753 by no later 10:55 A.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e. not a cellular phone or a speaker phone) if possible, for clarity. Signed by Judge Rodolfo A. Ruiz, II on 7/15/2021. (co) -Modified text on 7/15/2021 (gp).
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Filing 34
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fanny B Millstein. Para Longevity 2016-5, LLC served on 6/22/2021, answer due 7/13/2021. (Sallah, James)
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Filing 33
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fanny B Millstein. Para Longevity Holdings VI, LLC served on 6/22/2021, answer due 7/13/2021. (Sallah, James)
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Filing 32
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fanny B Millstein. Para Longevity 2018-5, LLC served on 6/22/2021, answer due 7/13/2021. (Sallah, James)
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Filing 31
ACKNOWLEDGMENT of Service. (Sallah, James) Modified Text on 7/15/2021 (cds).
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Filing 30
ACKNOWLEDGMENT of Service by Fanny B Millstein.(Sallah, James) Modified Text on 7/15/2021 (cds).
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Filing 29
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fanny B Millstein. Integrity Assets, LLC served on 6/22/2021, answer due 7/13/2021. (Sallah, James)
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Filing 28
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fanny B Millstein. Emerald Assets 2018, LLC served on 6/22/2021, answer due 7/13/2021. (Sallah, James)
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Filing 27
PAPERLESS ORDER setting telephonic status conference. The Court will hold a telephonic conference on Thursday, July 15, 2021 at 11:30 A.M. The parties are instructed to call 1-877-402-9753 by no later than 11:25 A.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e. not a cellular phone or a speaker phone) if possible, for clarity. Signed by Judge Rodolfo A. Ruiz, II on 7/14/2021. (co)
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Filing 26
PAPERLESS ORDER granting #24 Motion for Extension of Time. Defendants Marshall Seeman, National Senior Insurance, Inc., and Para Longevity 2014-5, LLC shall file their response to the Complaint on or before August 4, 2021. Signed by Judge Rodolfo A. Ruiz, II on 7/14/2021. (co)
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Filing 25
NOTICE by Fanny B Millstein of Enforcement Complaint by the State of Florida Office of Financial Regulation against Defendants (Attachments: #1 Exhibit A - Complaint by Florida Office of Financial Regulation against Defendants) (Katz, Joshua)
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Filing 24
MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by National Senior Insurance, Inc., Para Longevity 2014-5, LLC, Marshall Seeman. Attorney Scott Alan Orth added to party National Senior Insurance, Inc.(pty:dft), Attorney Scott Alan Orth added to party Para Longevity 2014-5, LLC(pty:dft), Attorney Scott Alan Orth added to party Marshall Seeman(pty:dft). (Attachments: #1 Text of Proposed Order)(Orth, Scott)
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Filing 23
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fanny B Millstein. National Senior Insurance, Inc. served on 6/23/2021, answer due 7/14/2021. (Sallah, James)
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Filing 22
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fanny B Millstein. Para Longevity 2014-5, LLC served on 6/23/2021, answer due 7/14/2021. (Sallah, James)
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Filing 21
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fanny B Millstein. Marshall Seeman served on 6/23/2021, answer due 7/14/2021. (Sallah, James)
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Filing 20
SUGGESTION OF DEATH as to Eric Holtz by National Senior Insurance, Inc. (Orth, Scott)
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Filing 19
Summons Issued as to Para Longevity Holdings VI, LLC. (cds)
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Filing 18
NOTICE of Filing Proposed Summons(es) for Para Longevity Holdings VI, LLC by Fanny B Millstein (Sallah, James)
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Filing 17
Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents. Para Para Longevity 2015-5, LLC (cds)
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Filing 16
Summons Issued as to Emerald Assets 2018, LLC, Emerald Assets Holdings, LLC, Eric Holtz, Integrity Assets, LLC, National Senior Insurance, Inc., Para Longevity 2014-5, LLC, Para Longevity 2016-3, LLC, Para Longevity 2016-5, LLC, Para Longevity 2018-3, LLC, Para Longevity 2018-5, LLC, Marshall Seeman. (cds)
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Filing 15
NOTICE of Filing Proposed Summons(es) Emerald Assets 2018, LLC by Fanny B Millstein (Sallah, James)
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Filing 14
NOTICE of Filing Proposed Summons(es) Integrity Assets, LLC by Fanny B Millstein (Sallah, James)
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Filing 13
NOTICE of Filing Proposed Summons(es) Para Longevity 2018-5, LLC by Fanny B Millstein (Sallah, James)
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Filing 12
NOTICE of Filing Proposed Summons(es) Para Longevity 2018-3, LLC by Fanny B Millstein (Sallah, James)
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Filing 11
NOTICE of Filing Proposed Summons(es) Para Longevity 2016-5, LLC by Fanny B Millstein (Sallah, James)
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Filing 10
NOTICE of Filing Proposed Summons(es) Para Longevity 2016-3, LLC by Fanny B Millstein (Sallah, James)
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Filing 9
NOTICE of Filing Proposed Summons(es) Para Longevity 2015-5, LLC by Fanny B Millstein (Sallah, James)
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Filing 8
NOTICE of Filing Proposed Summons(es) Para Longevity 2014-5, LLC by Fanny B Millstein (Sallah, James)
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Filing 7
NOTICE of Filing Proposed Summons(es) National Senior Insurance, Inc by Fanny B Millstein (Sallah, James)
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Filing 6
NOTICE of Filing Proposed Summons(es) Eric Holz by Fanny B Millstein (Sallah, James)
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Filing 5
NOTICE of Filing Proposed Summons(es) Emerald Assets Holdings, LLC by Fanny B Millstein (Sallah, James)
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Filing 4
NOTICE of Filing Proposed Summons(es) Emerald Assets 2018, LLC by Fanny B Millstein (Sallah, James)
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Filing 3
NOTICE of Filing Proposed Summons(es) Marshall Seeman by Fanny B Millstein (Sallah, James)
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Filing 2
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. (cds)
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14746062, filed by Fanny B Millstein. (Attachments: #1 Civil Cover Sheet)(Katz, Joshua)
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