Balogh et al v. Escapism NY, LLC
| Robert Balogh TRUSTEE UNDER TRUST INDENTURE DATED JUNE 15, 1993 doing business as Tandy Sawgrass and Mark Rubin TRUSTEES UNDER TRUST INDENTURE DATED JUNE 15,1993 doing business as Tandy Sawgrass, LLC. |
| Escapism NY, LLC |
| Escapism NY, LLC |
| Robert Balogh and Mark Rubin |
| 0:2025cv61832 |
| September 11, 2025 |
| U.S. District Court for the Southern District of Florida |
| Melissa Damian |
| Alicia O Valle |
| Contract: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on January 27, 2026. A more recent docket listing may be available from PACER.
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Filing 34
ORDER OF DISMISSAL WITH PREJUDICE. Any pending motions, including Plaintiff's Motion to Dismiss Counterclaim Counts II and III DE #18 , are DENIED AS MOOT. Any deadlines and hearings previously set are TERMINATED. The Clerk of Court is directed to CLOSE this case. Signed by Judge Melissa Damian on 1/27/2026. See attached document for full details. (ebz)
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| Filing 33 STIPULATION of Dismissal with Prejudice of All Claims and Counterclaims by Robert Balogh (Shapiro, Lyle) |
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Filing 32
ORDER SCHEDULING MEDIATION Mediation Hearing set for 4/30/2026 at 10:00 AM before Mediator Glenn J. Waldman, Esq.,. Signed by Judge Melissa Damian on 12/22/2025. See attached document for full details. (mee)
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| Filing 31 NOTICE of Filing Order Scheduling Mediation Identifying Glenn J. Waldman as Mediator by Robert Balogh, Mark Rubin (Attachments: #1 Exhibit 1) (Shapiro, Lyle) |
| Filing 30 NOTICE of Striking #29 Notice of Mediator Selection and/or Hearing filed by Glenn J. Waldman by Robert Balogh, Mark Rubin (Shapiro, Lyle) |
| Filing 29 STRICKEN. NOTICE of Mediator Selection and Hearing. Selected/Added Glenn J. Waldman as Mediator. Mediation Hearing set for April 30, 2026 at 10:00 a.m.. (Attachments: #1 Exhibit 1)(Shapiro, Lyle) Modified per DE #30 Notice of Striking on 12/3/2025 (ebz). |
| Filing 28 NOTICE of Striking #26 Notice of Mediator Selection and/or Hearing filed by Glenn J. Waldman by Robert Balogh, Mark Rubin (Shapiro, Lyle) |
| Filing 27 Clerk's Notice to Filer re #26 Notice of Mediator Selection and/or Hearing. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules.Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures. (ebz) |
| Filing 26 STRICKEN. Joint NOTICE of Mediator Selection and Hearing. Selected/Added Glenn J. Waldman as Mediator. Mediation Hearing set for April 30, 2026 at 10:00 a.m.. (Shapiro, Lyle) Modified per DE #28 Notice of Striking on 12/3/2025 (ebz). |
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Filing 25
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 9/8/2026 in Fort Lauderdale Division before Judge Melissa Damian., Calendar Call set for 9/2/2026 01:30 PM in Fort Lauderdale Division before Judge Melissa Damian., Mediation Deadline 4/17/2026.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 4/17/2026.), ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Pretrial Non-Dispositive Matters. Signed by Judge Melissa Damian on 11/10/2025. See attached document for full details. (ebz) #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 24 REPLY in Support of Motion re #18 MOTION TO DISMISS #10 ANSWER to Complaint (Notice of Removal), Counterclaim FOR FAILURE TO STATE A CLAIM . filed by Robert Balogh, Mark Rubin. (Shapiro, Lyle) |
| Filing 23 Amended ANSWER to Counterclaim by Robert Balogh, Mark Rubin. (Shapiro, Lyle) |
| Filing 22 RESPONSE in Opposition re #18 MOTION TO DISMISS #10 ANSWER to Complaint (Notice of Removal), Counterclaim FOR FAILURE TO STATE A CLAIM filed by Escapism NY, LLC. Replies due by 11/7/2025. (Foster, Michael) |
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Filing 21
PAPERLESS ORDER Granting #20 Defendant's Agreed Motion for Enlargement of Time. THIS CAUSE is before the Court on Defendant's Motion requesting a 3-day extension of time, through October 31, 2025, to respond to Plaintiff's Motion to Dismiss Counts II and III of the Counterclaim. Finding good cause for the requested relief, and noting the agreement of the Parties, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Accordingly, Defendant shall file a response to the Motion on or before October 31, 2025. (Responses due by 10/31/2025). Signed by Judge Melissa Damian on 10/28/2025. (oco)
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| Filing 20 MOTION for Extension of Time to File Opposition to Motion to Dismiss re #18 MOTION TO DISMISS #10 ANSWER to Complaint (Notice of Removal), Counterclaim FOR FAILURE TO STATE A CLAIM by Escapism NY, LLC. Responses due by 11/10/2025. (Attachments: #1 Exhibit Proposed Order)(Foster, Michael) |
| Filing 19 ANSWER to Counterclaim (as to Count 1 only) by Robert Balogh, Mark Rubin. (Shapiro, Lyle) |
| Filing 18 MOTION TO DISMISS #10 ANSWER to Complaint (Notice of Removal), Counterclaim FOR FAILURE TO STATE A CLAIM by Robert Balogh, Mark Rubin. Responses due by 10/28/2025. (Shapiro, Lyle) |
| Filing 17 Corrected Certificate of Other Affiliates/Corporate Disclosure Statement AND CERTIFICATE OF INTERESTED PERSONS by Robert Balogh, Mark Rubin identifying Other Affiliate Tandy Sawgrass, LLC, Other Affiliate Escapism Corporation for Mark Rubin, Robert Balogh (Shapiro, Lyle) |
| Filing 16 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Escapism NY, LLC (Foster, Michael) |
| Filing 15 Clerk's Notice to Filer re #14 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ebz) |
| Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed and Certificate of Interested Persons by Robert Balogh, Mark Rubin (Shapiro, Lyle) |
| Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by Robert Balogh, Mark Rubin (Attachments: #1 Exhibit A)(Shapiro, Lyle) |
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Filing 12
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 10/10/2025. Signed by Judge Melissa Damian on 9/26/2025. See attached document for full details. (ebz)
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| Filing 11 STATUS REPORT by Escapism NY, LLC (Foster, Michael) |
| Filing 10 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand , COUNTERCLAIM against All Plaintiffs by Escapism NY, LLC. (Foster, Michael) |
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Filing 9
PAPERLESS ORDER granting #8 Defendant's Agreed Motion for Enlargement of Time. THIS CAUSE is before the Court on Defendant's Unopposed Motion for an extension of time through September 24, 2025, to respond to Plaintiff's Complaint. Finding good cause for the requested relief, and noting the agreement of the Parties, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Accordingly, Defendant shall respond to Plaintiff's Complaint on or before September 24, 2025. Signed by Judge Melissa Damian on 9/19/2025. (oco)
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| Set/Reset Response/Answer Due Deadline: Escapism NY, LLC response/answer due 9/24/2025. (oco) |
| Filing 8 Agreed MOTION for Extension of Time File Responsive Pleading re #1 Notice of Removal (State Court Complaint), by Escapism NY, LLC. Responses due by 10/2/2025. (Attachments: #1 Exhibit Proposed Order)(Foster, Michael) |
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Filing 7
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING re #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Laurence S. Kaye. Signed by Judge Melissa Damian on 9/16/2025. See attached document for full details. (ebz)
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Filing 6
ORDER ON COURT PRACTICE IN REMOVAL CASES. ( Status Report due by 9/25/2025.) Signed by Judge Melissa Damian on 9/15/2025. See attached document for full details. (ebz)
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| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Laurence S. Kaye. Filing Fee $ 250.00 Receipt # AFLSDC-18785641 by Escapism NY, LLC. Responses due by 9/29/2025. (Foster, Michael) |
| Filing 4 NOTICE by Escapism NY, LLC re 3 Clerk's Notice to Filer re: Electronic Case (Attachments: #1 Civil Cover Sheet) (Foster, Michael) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Melissa Damian. 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. (ebz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Robert Balogh and Mark Rubin Trustees Under Indenture Dated June 15, 1993 d/b/a Tandy Sawgrass, LLC v. Escapism NY, LLC) Filing fee $ 405.00 receipt number AFLSDC-18781940, filed by Escapism NY, LLC. No Motion to Dismiss and/or Answer has been attached. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Foster, Michael) Modified on 9/12/2025 (ebz). |
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