Smith Cutuli v. Elie
Appellant: Kathleen Anne Smith Cutuli
Appellee: Mehrdad Elie
Case Number: 1:2013cv21721
Filed: May 10, 2013
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade
Presiding Judge: Kenneth A Marra
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. § 0158
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 30, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 30, 2014 Opinion or Order Filing 27 ORDER of DISMISSAL from USCA. Appellants Motion to Dismiss, which is construed as a motion to dismiss this appeal with prejudice, is GRANTED re #25 Notice of Appeal, filed by Kathleen Anne Smith Cutuli. USCA #14-11110-CC (amb)
March 20, 2014 Filing 26 Acknowledgment of Receipt of NOA from USCA re #25 Notice of Appeal, filed by Kathleen Anne Smith Cutuli. Date received by USCA: 3/13/2014. USCA Case Number: 14-11110-CC. (mc)
March 13, 2014 Filing 25 Notice of Appeal as to #23 Bankruptcy Order Closing Case by Kathleen Anne Smith Cutuli. Filing fee $ 505.00 receipt number 113C-6564889. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Gleason, Kevin)
March 13, 2014 Transmission of Notice of Appeal, Order and Docket Sheet to US Court of Appeals re #25 Notice of Appeal. Notice has been electronically mailed. (mc)
February 21, 2014 Filing 24 NOTICE of Change of Address by Kathleen Anne Smith Cutuli. (Address updated). (ar2)
February 14, 2014 Opinion or Order Filing 23 Opinion and Order Closing Case with Notice of Entry 8016(b). Signed by Judge Kenneth A. Marra on 2/14/2014. (ir)
January 14, 2014 Filing 22 MOTION to Strike #21 Notice (Other) Motion for Status by Mehrdad Elie. Responses due by 1/31/2014 (Avron, Paul)
January 10, 2014 Filing 21 NOTICE/MOTION for Status by Kathleen Anne Smith Cutuli (Updated docket sheet sent) (jua)
August 6, 2013 Filing 20 Appellee's BRIEF by Mehrdad Elie. (Avron, Paul)
July 24, 2013 Opinion or Order Filing 19 ENDORSED ORDER granting Jeffrey E. Essner, Esq. #18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Kenneth A. Marra on 7/24/2013. (ir)
July 23, 2013 Opinion or Order Filing 17 ENDORSED ORDER granting Allonn E. Levy #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Kenneth A. Marra on 7/23/2013. (ir)
July 19, 2013 Filing 18 MOTION to Appear Pro Hac Vice for Jeffrey E. Essner. Filing Fee $ 75.00. Receipt # 62407. (ksa)
July 19, 2013 Filing 16 MOTION to Appear Pro Hac Vice for Allon E. Levy. Filing Fee $ 75.00. Receipt # 62408. (ksa)
July 16, 2013 Opinion or Order Filing 15 ENDORSED ORDER granting #14 Motion for Extension of Time to file Answer Brief. Appellee Brief due by 8/6/2013. The Court notes Appellant's objection. Signed by Judge Kenneth A. Marra on 7/16/2013. (ir)
July 15, 2013 Filing 14 MOTION for Extension of Time to File Appellee's Answer Brief by Mehrdad Elie. Responses due by 8/1/2013 (Avron, Paul)
July 9, 2013 Filing 13 NOTICE by Mehrdad Elie Filing Transcripts Designated by Appellee for Inclusion in Record of Appeal (Avron, Paul)
July 8, 2013 Opinion or Order Filing 12 ORDER denying #10 Motion to Dismiss. Signed by Judge Kenneth A. Marra on 7/3/2013. (lh)
June 14, 2013 Opinion or Order Filing 11 ORDER re #10 MOTION to Dismiss #1 Bankruptcy Appeal Including Memorandum of Law filed by Mehrdad Elie. Signed by Judge Kenneth A. Marra on 6/13/2013. (ir)
June 7, 2013 Filing 10 MOTION to Dismiss #1 Bankruptcy Appeal Including Memorandum of Law by Mehrdad Elie. Responses due by 6/24/2013 (Avron, Paul)
June 5, 2013 Filing 9 OBJECTION to Trial Decision Regarding Claim Number 3-1 Filed by Creditor Mehrdad Elie by Kathleen Anne Smith Cutuli. (tpl)
May 31, 2013 Opinion or Order Filing 8 ORDER TO SHOW CAUSE why this case should not be dismissed for failure to prosecute the appeal. Show Cause Response due by 6/14/2013. Signed by Judge Kenneth A. Marra on 5/31/2013. (ir)
May 17, 2013 Opinion or Order Filing 7 ORDER TRANSFERRING CASE to Judge Kenneth A. Marra for all further proceedings, accepted and signed on 5/17/2013. Judge K. Michael Moore no longer assigned to case Signed by Judge K. Michael Moore on 5/17/2013. (yha)
May 14, 2013 Filing 6 Supplemental Bankruptcy Transmittal of Appellant's Designated Record AND Appellants & Appellee's EXHIBITS to be Transmitted Conventionally to District Court re #1 Bankruptcy Appeal filed by Kathleen Anne Smith Cutuli (Attachments: #1 Appellant's Designation: Post Trial Brief DE#701, #2 Appellant's Designation: Opinion and Order from DC 12-20280-MC-MARRA DE#11)(dcn)
May 10, 2013 Filing 5 Bankruptcy Notice of Entry pursuant to Rule 8007(b) re #1 Bankruptcy Appeal, and NOTICE TO ATTORNEY - Pursuant to the Southern District of Florida Local Rules, 87 U.S.C. 2, and the Federal Rule of Bankruptcy Procedure 8009, the Appellant has 14 days after the docketing of the appeal in the District Court to serve and file a brief. The District Court may enter an order of dismissal if the Appellant's brief is not received 15 days from the date the Rule 8007 Acknowledgment of Docketing in District Court form is docketed. Appellee shall serve and file a response brief within 14 days after service of Appellant's brief. (bb)
May 10, 2013 Filing 4 Judge Assignment to Judge K. Michael Moore (bb)
May 10, 2013 Filing 3 BANKRUPTCY TRANSCRIPT of Hearing held on 12/20/2012 before Judge A. Jay Cristol, Court Reporter: Ouellette and Mauldin. Telephone number: (305) 358-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/1/2013. Redacted Transcript Deadline set for 3/25/2013. Release of Transcript Restriction set for 5/23/2013. (dcn)
May 10, 2013 Filing 2 Bankruptcy Transmittal of Notice of Appeal Pursuant to 28 USC 158 to District Court re #1 Bankruptcy Appeal filed by Kathleen Anne Smith Cutuli (Attachments: #1 Docket Sheet, #2 Appellant's List of Designated Items, #3 Appellant's Designated Items, #4 Statement of Issues, #5 Appellee's List of Designated Items, #6 Appellee's Designated Items, #7 Order Granting Appellee's Motion to Strike Certain Items Included in Appellant's Designation, #8 Trustee's List of Designated Items, #9 Items on Trustee's Designation Part 1 [DE #1 -#329], #10 Items on Trustee's Designation Part 2 [DE #332 -#417], #11 Items on Trustee's Designation Part 3 [DE #445 -#654], #12 Items on Trustee's Designation Part 4 [DE #663 -#734])(dcn)
May 10, 2013 Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT (received), Bankruptcy Court case number 11-35256-AJC, filed by Kathleen Anne Smith Cutuli.(dcn)

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Appellant: Kathleen Anne Smith Cutuli
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Appellee: Mehrdad Elie
Represented By: Paul A. Avron
Represented By: Jeffrey E. Essner
Represented By: Allonn E. Levy
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