Lennar Corporation et al v. Briarwood Capital, LLC et al
| Lennar Corporation and Lennar Homes of California, Inc. |
| Briarwood Capital, LLC, Nicolas Marsch, III, Barry Minkow and Fraud Discovery Institute, Inc. |
| 1:2010cv20574 |
| February 24, 2010 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade |
| Adalberto Jordan |
| Assault, Libel, and Slander |
| 28 U.S.C. § 1452 |
| Both |
Docket Report
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| Filing 45 Bankruptcy Acknowledgment of Receipt of District Court's Electronic Case, Case assigned 10-2866-BK-AJC in Bankruptcy Court. (yc) |
| Filing 44 CLERK'S NOTICE of Compliance, case transmitted to the Bankruptcy Court electronically. (yc) |
| Attorney Daniel M. Petrocelli representing Lennar Corporation (Plaintiff); Ben H. Logan representing Lennar Corporation (Plaintiff) and David Marroso representing Lennar Corporation (Plaintiff) Activated. (yc) |
Filing 43
ORDER granting 32 Motion ; granting 32 Motion for Hearing; granting 39 Motion to Change Venue. This case is closed administratively. Signed by Judge Adalberto Jordan on 3/26/2010. (lk)
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Filing 42
ORDER granting 35 Motion for Leave to File Excess Pages. Signed by Judge Adalberto Jordan on 3/26/2010. (lk)
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| Filing 41 RESPONSE in Opposition re 12 MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) filed by Fraud Discovery Institute, Inc., Barry Minkow. (Attachments: # 1 Affidavit of Michelle Baker)(Entin, Joshua) |
| Filing 40 NOTICE of Filing Declarations of Nicolas Marsch III, Scott M. Dimond, and Joseph R. Dunn by Briarwood Capital, LLC, Nicolas Marsch, III re 39 MOTION to Change Venue (Attachments: # 1 Exhibit Declaration of Marsch, # 2 Exhibit Declaration of Dimond, # 3 Exhibit Declaration of Dunn)(Pruss, Lorenz) Modified on 3/29/2010 (ls). |
| Filing 39 MOTION to Change Venue by Briarwood Capital, LLC, Nicolas Marsch, III. Responses due by 4/12/2010 (Attachments: # 1 Exhibit Exhibit 1)(Pruss, Lorenz) |
| Filing 38 NOTICE of Filing Declarations of Nicolas Marsch III, Scott M. Dimond, and Joseph R. Runn by Briarwood Capital, LLC, Nicolas Marsch, III re 37 Response in Opposition to Motion,, (Attachments: # 1 Exhibit Declaration of Marsch, # 2 Exhibit Declaration of Dimond, # 3 Exhibit Declaration of Dunn)(Pruss, Lorenz) Modified on 3/29/2010 (ls). |
| Filing 37 RESPONSE in Opposition re 12 MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) filed by Briarwood Capital, LLC, Nicolas Marsch, III. (Attachments: # 1 Exhibit Exhibit 1)(Pruss, Lorenz) |
| Filing 36 Clerks Notice to Filer re 32 Joint MOTION (1) Referral to U.S. Bankruptcy Court; and (2) Briefing and Hearing Schedule MOTION for HearingJoint MOTION (1) Referral to U.S. Bankruptcy Court; and (2) Briefing and Hearing ScheduleJoint MOTION (1) Referral to U.S. Bankruptcy Court; and (2) Briefing and Hearing Schedule. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp) |
| Filing 35 Defendant's MOTION for Leave to File Excess Pages by Briarwood Capital, LLC, Nicolas Marsch, III. (Attachments: # 1 Exhibit Proposed Order Granting Motion)(Pruss, Lorenz) |
| Filing 32 Joint MOTION (1) Referral to U.S. Bankruptcy Court; and (2) Briefing and Hearing Schedule by Briarwood Capital, LLC, Fraud Discovery Institute, Inc., Lennar Corporation, Lennar Homes of California, Inc., Nicolas Marsch, III, Barry Minkow. (Attachments: # 1 Exhibit Exhibit 1 Proposed Order, # 2 Exhibit Exhibit 2 Bankruptcy Order)(Pruss, Lorenz). Added MOTION for Hearing on 12 Motion for Remand and/or Abstention, and Debtors' Motion for Transfer of Venue to the Southern District of California on 3/26/2010 (tp). Modified added relief and link to motion on 3/26/2010 (tp). |
| Filing 34 APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Joseph R. Dunn. Filing Fee $75.00. Receipt # 1019533 (ra) |
| Filing 33 APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Jeffry A. Davis. Filing Fee $75.00. Receipt # 1019532 (ra) |
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Filing 31
ORDER granting 26 Motion for Extension of Time to File Opposition to Plaintiffs' Motion Remand Under 28 USC 1452(b), or, in the alternative, under the abstention doctrine provided under 28 USC 1334(c). The defendants shall have through and including 3/26/10 to file and serve any opposition to the Remand Motion. Signed by Judge Adalberto Jordan on 3/23/10. (mg)
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Filing 30
ORDER granting 23 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Adalberto Jordan on 3/23/2010. (mg)
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Filing 29
ORDER granting 24 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Adalberto Jordan on 3/23/10. (mg)
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Filing 28
ORDER granting 25 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Adalberto Jordan on 3/23/10. (mg)
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| Filing 27 Clerks Notice to Filer re 26 First MOTION for Extension of Time to File Notice of Removal. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (gme) |
| Filing 26 First MOTION for Extension of Time to File Oppostion re 12 Plaintiffs' Motion Remand by Briarwood Capital, LLC, Fraud Discovery Institute, Inc., Nicolas Marsch, III, Barry Minkow. (Attachments: # 1 Text of Proposed Order)(Pruss, Lorenz) Modified on 3/23/2010 (gme). |
| Filing 25 REVISED APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for David Marroso. (ra) |
| Filing 24 REVISED APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Ben H. Logan. (ra) |
| Filing 23 REVISED APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Daniel M. Petrocelli. (ra) |
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Filing 22
ORDER directing the parties to file a notice no later than March 25, 2010 stating whether the bankruptcy court extended the "automatic stay" to the non-filing defendants. Signed by Judge Adalberto Jordan on 3/19/10. (ch1)
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Filing 21
ORDER denying 17 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings of Attorney Daniel M. Petrocelli Notice of Termination delivered by US Mail to Daniel Petrocelli.. Signed by Judge Adalberto Jordan on 3/15/2010. (tb)
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Filing 20
ORDER denying 16 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings of Attorney David Marroso Notice of Termination delivered by US Mail to David Marroso.. Signed by Judge Adalberto Jordan on 3/15/2010. (tb)
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Filing 19
ORDER denying 18 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings of Attorney Ben Logan Notice of Termination delivered by US Mail to Ben Logan.. Signed by Judge Adalberto Jordan on 3/15/2010. (tb)
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| Filing 18 APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Ben H. Logan. Filing Fee $75.00. Receipt # 1018622 (ra1) |
| Filing 17 APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Daniel M. Petrocelli. Filing Fee $75.00. Receipt # 1018597 (ra1) |
| Filing 16 APPLICATION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for David Marroso. Filing Fee $75.00. Receipt # 1018598 (ra1) |
| Filing 15 RESPONSE/REPLY to 1 Notice of Removal, 13 Affidavit,, 12 MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) Lennar Plaintiffs' Statement in Response to Notice of Removal Filed Under FRBP 9027(e)(3) by Lennar Corporation, Lennar Homes of California, Inc.. (Dubbin, Samuel) |
| Filing 14 MOTION for Hearing re 13 Affidavit,, 12 MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) Lennar Plaintiffs' Request for Hearing on Motion for Remand or Abstention by Lennar Corporation, Lennar Homes of California, Inc.. (Dubbin, Samuel) |
| Filing 13 AFFIDAVIT signed by : Samuel J. Dubbin. re 12 MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) Notice of Filing Declaration of Samuel J. Dubbin in Support of Lennar Plaintiffs' Motion for Remand or Abstention, and attached Exhibits A-G by Lennar Corporation, Lennar Homes of California, Inc. (Attachments: # 1 Exhibit)(Dubbin, Samuel) |
| Filing 12 MOTION to Remand to State Court Lennar Plaintiffs' Motion for Remand under 28 U.S.C. section 1452(b) or, in the Alternative, under the Abstention Doctrine provided under 28 U.S.C. section 1334(c) by Lennar Corporation, Lennar Homes of California, Inc.. (Dubbin, Samuel) |
| Filing 11 RESPONSE/REPLY to 10 Response/Reply (Other), Response/Reply (Other) Letter to Court Regarding Status of Filing by Lennar Corporation, Lennar Homes of California, Inc.. (Dubbin, Samuel) |
| Filing 10 RESPONSE/REPLY Lennar Plaintiffs' Response to Minkow Defendants' Surreply to Lennar's Motion for Sanctions Against Defendants Barry Minkow and Fraud Discovery Institute by Lennar Corporation, Lennar Homes of California, Inc.. (Dubbin, Samuel) |
| Filing 9 NOTICE of Attorney Appearance by Joshua Michael Entin on behalf of Fraud Discovery Institute, Inc., Barry Minkow (Entin, Joshua) |
| Filing 8 RESPONSE/REPLY Lennar Plaintiffs' Response to Defendant Briarwood Capital LLC's Suggestion of Bankruptcy by Lennar Corporation, Lennar Homes of California, Inc.. (Dubbin, Samuel) |
| Filing 7 Clerks Notice to Filer re 5 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#6]. It is not necessary to refile this document. (ls) |
| Filing 6 Notice of Adoption/Joinder by Briarwood Capital, LLC, Fraud Discovery Institute, Inc., Barry Minkow Related document: 1 Notice of Removal, filed by Briarwood Capital, LLC (ls)[See Image at DE #5] |
| Filing 5 NOTICE by Fraud Discovery Institute, Inc., Barry Minkow re 1 Notice of Removal, Notice of Joinder in Notice of Removal of Action (Entin, Alvin) |
| Filing 4 NOTICE of Attorney Appearance by Alvin Ernest Entin on behalf of Fraud Discovery Institute, Inc., Barry Minkow (Entin, Alvin) |
| Filing 3 NOTICE of Attorney Appearance by Scott Michael Dimond on behalf of Briarwood Capital, LLC, Nicolas Marsch, III (Dimond, Scott) |
| Filing 2 Clerks Notice of Judge Assignment on Electronic Case to Judge Adalberto Jordan (vjk) |
| Filing 1 NOTICE OF REMOVAL Filing fee $ 350.00 receipt number 113C-2670572, filed by Briarwood Capital, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Fourth Amended Complaint Part 1, # 3 Exhibit A - Fourth Amended Complaint Part 2)(Pruss, Lorenz) (Main Document 1 replaced on 2/24/2010) (vjk). |
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