Senat et al v. Miami Auto Max, Inc. et al
| Ashanti B. Lucas and Corey Senat |
| Kennaya Quesada, Miami Auto Max, Inc. a Florida Corporation doing business as Car Depot of Miramar and Capital One National Association |
| 0:2021cv61366 |
| July 2, 2021 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia O Valle |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 27, 2021. A more recent docket listing may be available from PACER.
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| Filing 30 RESPONSE in Opposition re #10 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Ashanti B. Lucas, Corey Senat. Replies due by 9/3/2021. (Feygin, Joshua) |
| Filing 29 MOTION to Amend/Correct #1 Notice of Removal (State Court Complaint), by Ashanti B. Lucas, Corey Senat. Responses due by 9/7/2021 (Attachments: #1 Exhibit EX A - Proposed Amended Complaint)(Feygin, Joshua) |
| Reset Deadlines as to #10 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM . Responses due by 8/27/2021 (ls)(per DE #28) |
Filing 28
PAPERLESS ORDER granting ECF No. #27 Motion for Extension of Time to File Response to Defendant Miami Auto Max, Inc.'s Motion to Dismiss, ECF No. #10 , by August 27, 2021. Signed by Judge Beth Bloom (ta00)
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| Filing 27 MOTION for Extension of Time to File Response/Reply/Answer as to #10 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Ashanti B. Lucas, Corey Senat. (Attachments: #1 Text of Proposed Order Proposed Order)(Feygin, Joshua) |
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Filing 26
ORDER Scheduling Mediation before Michael A. Genden Mediation Hearing set for 4/7/2022 at 11:00 AM. Mediation Report Deadline 4/12/2022. Signed by Judge Beth Bloom on 8/17/2021. See attached document for full details. (scn)
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| Filing 25 Joint NOTICE of Mediator Selection. Selected/Added Michael A Genden as Mediator. (Attachments: #1 Text of Proposed Order Proposed Order)(Newhart, Darren) |
| Filing 24 NOTICE of Striking #22 Notice of Mediator Selection and/or Hearing filed by Michael A Genden by Ashanti B. Lucas, Corey Senat (Newhart, Darren) |
| Filing 23 Clerks Notice to Filer re #22 Notice of Mediator Selection and/or Hearing. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures. (scn) |
| Filing 22 (STRICKEN PER DE#24) - Joint NOTICE of Mediator Selection. Selected/Added Michael A Genden as Mediator. (Newhart, Darren) Text Modified on 8/17/2021 (scn). |
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Filing 21
ORDER TO SHOW CAUSE: Show Cause Response due by 8/23/2021. Signed by Judge Beth Bloom on 8/17/2021. See attached document for full details. (scn)
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Filing 20
AMENDED ORDER SETTING MOTION HEARING #9 Amended MOTION for Sanctions Against Plaintiffs and Mr. Joshua Feygin, #10 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM . Motion Hearing set for 9/9/2021 at 10:00 AM via Zoom video conference before Judge Beth Bloom. Signed by Judge Beth Bloom on 8/9/2021. See attached document for full details. (mc)
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Filing 19
ORDER Setting Hearing on #9 Amended MOTION for Sanctions Against Plaintiffs and Mr. Joshua Feygin and #10 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM. Motion Hearing set for 9/9/2021 10:00 AM in Miami Division before Judge Beth Bloom. Signed by Judge Beth Bloom on 8/5/2021. See attached document for full details. (scn)
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| Filing 18 REPLY to Response to Motion re #9 Amended MOTION for Sanctions Against Plaintiffs and Mr. Joshua Feygin filed by Miami Auto Max, Inc.. (Pivnik, Jerome) |
| Reset Deadlines as to #10 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM . Responses due by 8/23/2021 (ls)(per DE #16) |
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Filing 16
PAPERLESS ORDER granting ECF No. #15 Motion for Extension of Time to File Response to Defendant Miami Auto Max, Inc.'s Motion to Dismiss, ECF No. #10 , by August 23, 2021. Signed by Judge Beth Bloom (ta00)
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| Filing 15 MOTION for Extension of Time to File Response/Reply/Answer as to #10 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Ashanti B. Lucas, Corey Senat. (Attachments: #1 Text of Proposed Order Proposed Order)(Feygin, Joshua) |
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Filing 17
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Amended Pleadings due by 9/24/2021., Discovery due by 4/19/2022., Fact Discovery due by 4/19/2022., Expert Discovery due by 4/19/2022., Joinder of Parties due by 9/24/2021., Mediation Deadline 5/3/2022., In Limine Motions due by 5/11/2022., Dispositive Motions due by 5/11/2022., Motions due by 5/11/2022., Pretrial Stipulation due by 8/1/2022., Jury Trial set for 8/15/2022 9:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 8/9/2022 1:45 PM in Miami Division before Judge Beth Bloom. ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Discovery Matters. Signed by Judge Beth Bloom on 7/26/2021. See attached document for full details. (scn) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement by Ashanti B. Lucas, Corey Senat (Feygin, Joshua) |
| Filing 13 SCHEDULING REPORT - Rule 16.1 by Ashanti B. Lucas, Corey Senat (Attachments: #1 Text of Proposed Order Proposed Order on Joint Scheduling Report)(Feygin, Joshua) |
| Filing 12 RESPONSE in Opposition re #9 Amended MOTION for Sanctions Against Plaintiffs and Mr. Joshua Feygin filed by Ashanti B. Lucas, Corey Senat. Replies due by 7/30/2021. (Attachments: #1 Exhibit Ex A - Motion for Default, #2 Exhibit Ex B - Arb Termination Emails, #3 Exhibit Ex C - Order Granting Pivnik Withdrawl, #4 Exhibit Ex D - Emails with OC Pivnik re Representation)(Feygin, Joshua) |
| Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement by Capital One National Association identifying Corporate Parent Capital One Financial Corporation for Capital One National Association (Cash, Rachel) |
| Filing 10 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Miami Auto Max, Inc.. Responses due by 7/29/2021 (Attachments: #1 Exhibit Order Bertolotti case)(Pivnik, Jerome) |
| Filing 9 Amended MOTION for Sanctions Against Plaintiffs and Mr. Joshua Feygin by Miami Auto Max, Inc.. (Attachments: #1 Exhibit Emails re Rep and Extension, #2 Exhibit Email - last presuit in Senat, #3 Exhibit Def's Mtn for Extension of Time, #4 Exhibit Def's Mtn to Vacate Default, #5 Exhibit Def's NOF Affidavits to Vacate Default, #6 Exhibit Def's Mtn to Dismiss, #7 Exhibit Emails from 6-11-Feygin's Refusal to Vacate Default, #8 Exhibit Emails 6-14 Feygin Picking Hearing Date, #9 Exhibit Plt Mtn to Continue Hrg on Mtn to Vacate, #10 Exhibit Order Vacating Default, etc, #11 Exhibit Def's Mtn for Sanctions - in State Court)(Pivnik, Jerome) |
| Filing 8 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Miami Auto Max, Inc. (Pivnik, Jerome) |
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Filing 7
PAPERLESS ORDER denying without prejudice ECF No. #4 Motion for Sanctions for failing to comply with Local Rule 7.1(a)(3). Signed by Judge Beth Bloom on 7/12/2021 (ta00) Modified Text on 7/12/2021 (ls).
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| Filing 6 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Capital One National Association. (Cash, Rachel) |
| Filing 5 NOTICE by Capital One National Association Enclosing Circuit Court Docket Sheet (Attachments: #1 Docket Sheet Exhibit) (Cash, Rachel) |
| Filing 4 MOTION for Sanctions against Plaintiffs and their attorney by Miami Auto Max, Inc.. (Attachments: #1 Exhibit emails 5-24-21, #2 Exhibit emails-2-20, #3 Exhibit Motion for Extension, #4 Exhibit Motion to Vacate Default, #5 Exhibit NOF Affidavits, #6 Exhibit Motion to Dismiss, #7 Exhibit Email-6-11-wont-vacate, #8 Exhibit Emails-re-hearing-to-vacate, #9 Exhibit Motion-to-Continue-Hrg, #10 Exhibit Order-Vacating-Default, #11 Exhibit Motion-for-Sanctions)(Pivnik, Jerome) |
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Filing 3
ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES: Joint Scheduling Report due by 7/23/2021. Capital One National Association response due 7/9/2021. Signed by Judge Beth Bloom on 7/2/2021. See attached document for full details. (scn)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (scn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fee $ 402.00 receipt number AFLSDC-14817108, filed by Capital One National Association. (No Answer filed/Motion to Dismiss filed by Miami Auto Max Inc) (Attachments: #1 Exhibit A, #2 Exhibit B)(Cash, Rachel) Text Modified on 7/2/2021 (scn). |
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