Mattera v. Nusbaum et al
John A. Mattera |
Gusrae, Kaplan, Nusbaum LLC, Lawrence G. Nusbaum, Martin H. Kaplan, Inga Walter Van Siclen and Bradford Van Siclen |
1:2017cv22406 |
June 28, 2017 |
US District Court for the Southern District of Florida |
Miami Office |
Miami-Dade (Office: Miami) |
Edwin G Torres |
Kathleen M Williams |
Other Fraud |
28 U.S.C. § 1332 Diversity-Fraud |
None |
Docket Report
This docket was last retrieved on February 8, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 130 ORDER Affirming and Adopting #126 Report and Recommendations on #126 Report and Recommendations. Certificate of Appealability: No Ruling; granting #74 Motion to Dismiss for Failure to State a Claim; granting #84 Motion to Dismiss; Closing Case. Signed by Judge Kathleen M. Williams on 2/8/2019. See attached document for full details. (pcs) |
Filing 129 MOTION to Strike #128 Objections to Report and Recommendations by Gusrae, Kaplan, Nusbaum LLC. Responses due by 2/22/2019 (Calderon, Bruce) |
Filing 128 OBJECTIONS/Notice of Appeal to #126 Report and Recommendations by John A. Mattera. (hh) |
Filing 127 OMNIBUS PAPERLESS ORDER denying as moot #97 Motion to Quash; denying as moot #103 Motion for Sanctions; denying as moot #110 Motion to stay; denying as moot #115 Motion for Protective Order; denying as moot #117 Motion to Produce; denying as moot #118 Motion to Stay; denying as moot #120 Motion to Adopt/Join; denying as moot #122 Motion to Quash; denying as moot #123 Motion to Adopt/Join; denying as moot #124 Motion ; denying as moot #124 Motion for Extension of Time to File Response/Reply/Answer ; denying as moot #125 Motion. The motions are Denied as moot pending final disposition of the motions to dismiss. The motions may be renewed if necessary. Signed by Magistrate Judge Edwin G. Torres on 1/15/2019. (EGT) |
Filing 126 REPORT AND RECOMMENDATIONS re #84 MOTION to Dismiss with Prejudice #73 Amended Complaint filed by Lawrence G. Nusbaum, Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, #74 MOTION TO DISMISS #73 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Bradford Van Siclen and 76 Inga Walter Van Siclen:Recommending Motions be GRANTED and case DISMISSED. Objections to R&R due by 1/29/2019 Signed by Magistrate Judge Edwin G. Torres on 1/15/2019. See attached document for full details. (EGT) |
Filing 125 MOTION/Request Court to Order Docket Entry to be mailed to Plaintiff re #119 Notice (Other) by John A. Mattera. (ls) |
Filing 124 MOTION/REQUEST Court to Order Docket Entry to be mailed to Plaintiff re #118 MOTION to Stay , MOTION for Extension of Time to File Response/Reply/Answer as to #118 MOTION to Stay by John A. Mattera. (ls) |
Filing 123 MOTION to Adopt/Join #122 MOTION to Quash by Bradford Van Siclen. (Binhak, Stephen) |
Filing 122 MOTION to Quash by Gusrae, Kaplan, Nusbaum LLC. (Calderon, Bruce) |
Filing 121 RESPONSE to Motion re #117 MOTION to Produce filed by Gusrae, Kaplan, Nusbaum LLC. Replies due by 1/7/2019. (Calderon, Bruce) |
Filing 120 MOTION to Adopt/Join #118 MOTION to Stay by Bradford Van Siclen. (Binhak, Stephen) |
Filing 119 NOTICE OF PRODUCTION FROM NON PARTY by John A. Mattera (Attachments: #1 Subpoena Duces Tecum) (cqs) |
Filing 118 MOTION to Stay by Gusrae, Kaplan, Nusbaum LLC. Responses due by 1/11/2019 (Calderon, Bruce) |
Filing 117 Request for Production of Insurance Documents by John A. Mattera. (vmz) (Main Document 117 replaced on 12/18/2018) (ebz). |
Filing 116 Notice of Adoption by Bradford Van Siclen Related document: #115 MOTION for Protective Order filed by Gusrae, Kaplan, Nusbaum LLC (Binhak, Stephen) |
Filing 115 MOTION for Protective Order by Gusrae, Kaplan, Nusbaum LLC. (Calderon, Bruce) |
Filing 114 ORDER by Clerk of Non-Entry of Default re #113 Motion for Clerks Entry of Default as to Bradford Van Siclen. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed. Signed by DEPUTY CLERK on 11/27/2018. See attached document for full details. (ls) |
Filing 113 MOTION for Clerks Entry of Default as to Bradford Van Siclen by John A. Mattera. (ls) |
Filing 112 NOTICE of Filing Discovery: Subpoena Duces Tecum without Deposition by John A. Mattera.(ls) |
Filing 111 NOTICE of Filing Discovery: Notice of Production from Non Party by John A. Mattera.(ls) |
Filing 110 MOTION/Notice of Referral to Mediation by John A. Mattera. (mc) |
Filing 109 NOTICE of Demand for Payment served on Bradford Van Siclen and his Attorney Stephen James Binhak in Compliance with Florida Statute 722.11 by John A. Mattera (ls) |
Filing 108 Clerks Notice to Filer re #106 Reply to Response to Motion. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#107]. It is not necessary to refile this document. AND Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. 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. (ls) |
Filing 107 RESPONSE to #105 Reply (Other) by Inga Walter Van Siclen. (ls)(See Image at DE #106) |
Filing 106 REPLY to Response to Motion re #74 MOTION TO DISMISS #73 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Inga Walter Van Siclen. (Attachments: #1 Exhibit Dkt. 105)(Goski, Sheryl) |
Filing 105 REPLY to Defendant Inga M. Walter's Motion to Dismiss Amended Complaint by John A. Mattera. (ls) |
Filing 104 RESPONSE in Opposition re #103 MOTION for Sanctions filed by Gusrae, Kaplan, Nusbaum LLC. Replies due by 11/13/2018. (Calderon, Bruce) |
Filing 103 MOTION for Sanctions by John A. Mattera. (ls) |
Filing 102 RESPONSE to Motion re #97 MOTION to Quash filed by Gusrae, Kaplan, Nusbaum LLC. Replies due by 10/19/2018. (Calderon, Bruce) |
Filing 101 PAPERLESS ORDER denying #100 Motion for Emergency Suspension. To the extent the motion seeks emergency relief, the motion is stricken as no cause has been shown why the matters raised in the motion fall within the Court's Local Rule on emergency designation. To the extent the motion seeks sanctions against Defendants, such motion is premature until such time as the Court adjudicates with finality the allegations of the complaint. In that event, Plaintiff can renew his request for sanctions or other similar relief. Signed by Magistrate Judge Edwin G. Torres on 10/10/2018. (EGT) |
Filing 100 EMERGENCY MOTION for Bar Suspension of Defendants pending Investigation and Referral for Criminal Prosecution for Theft of Client Funds by John A. Mattera. (ls) |
Filing 99 REPLY to Response to Motion re #74 MOTION TO DISMISS #73 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Bradford Van Siclen. (Binhak, Stephen) |
Filing 98 REPLY to Response to Motion re #87 MOTION to Amend/Correct #73 Amended Complaint filed by Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum. (Calderon, Bruce) |
Filing 97 MOTION to Quash Subpoena Calling for Production of Privileged and Protected Pre-Trial Matter (Fed.R.Civ.P. 45(d) (3) (A) (iii)) by John A. Mattera. (ls) |
Filing 96 REPLY to Response to Motion re #74 MOTION TO DISMISS #73 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Inga Walter Van Siclen. (Goski, Sheryl) |
Filing 95 NOTICE of Filing Typographical and Editing Corrections by John A. Mattera re #94 Response to Motion, (ls) |
Filing 94 RESPONSE to Motion re #84 MOTION to Dismiss with Prejudice #73 Amended Complaint , #74 MOTION TO DISMISS #73 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by John A. Mattera. Replies due by 10/2/2018. (Attachments: #1 Exhibits)(ls) |
Filing 93 Clerks Notice to Filer re #91 Notice (Other). 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 the document. (ls) |
Filing 92 Amended NOTICE of Attorney Appearance by Bruce R. Calderon on behalf of Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum (Calderon, Bruce) Modified Text on 9/19/2018 (ls). |
Filing 91 NOTICE of Production from Non-Party by Gusrae, Kaplan, Nusbaum LLC (Calderon, Bruce) Modified Text on 9/19/2018 (ls). |
Filing 90 PAPERLESS ORDER granting #89 Motion for Extension of Time to File Response Re: pending Motions to Dismiss with Prejudice, for good cause shown:Plaintiff's combined response to the pending motions to dismiss is now due by 9/18/2018. No further extensions shall be granted. Signed by Magistrate Judge Edwin G. Torres on 9/4/2018. (EGT) |
Filing 89 Plaintiff, John A. Mattera's Second MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss #84 MOTION to Dismiss with Prejudice #73 Amended Complaint by John A. Mattera. (mee) |
Filing 88 PAPERLESS ORDER granting #81 Motion to Extend time for responses; granting #86 Motion for Extension of Time to File response; denying #87 Motion to Amend/Correct Complaint.The motions for extension are granted. Plaintiff shall file responses to all pending motions by 9/4/2018.The motion to amend is premature and Denied with leave to renew following adjudication of the pending motions to dismiss. Signed by Magistrate Judge Edwin G. Torres on 8/20/2018. (EGT) |
Filing 87 MOTION to Allow Plaintiff the Ability to Clarify Points in his Amended complaint and to Correct Dates within Plaintiff's Response to Defendants Motion to Dismiss First Amended Complaint #73 Amended Complaint by John A. Mattera. Responses due by 8/31/2018 (mee) |
Filing 86 Plaintiff John A. Mattera, Pro Se, First Motion for Extension of Time to Respond to the Three Motions to Dismiss the Amended Complaints until September 4th, 2018 as to #84 MOTION to Dismiss with Prejudice #73 Amended Complaint by John A. Mattera. (mee) |
Filing 85 MEMORANDUM of Law in Support re #73 Amended Complaint by John A. Mattera. (mee) |
Filing 84 MOTION to Dismiss with Prejudice #73 Amended Complaint by Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum. Responses due by 8/13/2018 (Calderon, Bruce) |
Reset Answer Due Deadline: Gusrae, Kaplan, Nusbaum LLC response due 7/30/2018; Martin H. Kaplan response due 7/30/2018; Lawrence G. Nusbaum response due 7/30/2018. (ls)(per DE #83) |
Filing 83 PAPERLESS ORDER granting in part and denying in part #82 Motion for Extension of Time. Defendant shall have until July 30, 2018 to file its Response/Answer to the Amended Complaint. No further extensions will be provided. Docket Order Signed by Magistrate Judge Edwin G. Torres on 7/18/2018. (abu) |
Filing 82 Second MOTION for Extension of Time to File Response/Reply/Answer as to #73 Amended Complaint by Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum. (Calderon, Bruce) |
Filing 81 MOTION to File all Responses to Opposing Defendant Simultaneously after the Last has Been Received by Plaintiff on July 19, 2018 per this Courts Granted Extension to Gusrae Kaplan Nusbaum PLLC, Martin H. Kaplan and Lawrence G. Nausbaum by John A. Mattera. Responses due by 7/23/2018 (mee) |
Reset Answer Due Deadline: Gusrae, Kaplan, Nusbaum LLC response due 7/19/2018; Martin H. Kaplan response due 7/19/2018; Lawrence G. Nusbaum response due 7/19/2018. (ls)(per DE #79) |
Filing 80 NOTICE of Timely Filing of Amended Complaint per Prison Mailbox Rule by John A. Mattera re 72 Order on Motion for Extension of Time to Amend (mee) |
Filing 79 ORDER granting #78 Motion for Extension of Time. Responsive pleading now due July 19, 2018. Docket Order Signed by Magistrate Judge Edwin G. Torres on 6/28/2018. (abu) |
Filing 78 First MOTION for Extension of Time to File Response/Reply/Answer as to #73 Amended Complaint by Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum. (Calderon, Bruce) |
Filing 77 Clerks Notice to Filer re #75 Response to Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#76]. It is not necessary to refile this document. (ls) |
Filing 76 Notice of Adoption/Joinder by Inga Walter Van Siclen Related document: #74 MOTION TO DISMISS #73 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Bradford Van Siclen (ls)(See Image at DE #75) |
Filing 75 RESPONSE to Motion re #71 MOTION for Extension of Time to Amend #68 Order on Motion to Amend/Correct, #74 MOTION TO DISMISS #73 Amended Complaint FOR FAILURE TO STATE A CLAIM Joinder to the Bradford Van Siclen Pending Motion to Dismiss filed by Inga WAlter filed by Inga Walter Van Siclen. Replies due by 6/29/2018. (Goski, Sheryl) |
Filing 74 MOTION TO DISMISS #73 Amended Complaint FOR FAILURE TO STATE A CLAIM by Bradford Van Siclen. Responses due by 7/5/2018 (Attachments: #1 Exhibit A, #2 Exhibit B)(Binhak, Stephen) |
Filing 73 AMENDED COMPLAINT against Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum, Bradford Van Siclen, Inga Walter Van Siclen filed in response to Order Granting Motion for Leave, filed by John A. Mattera.(mee) |
Reset Deadlines per 72 Order. Amended Complaint due by 6/11/2018. (asl) |
Filing 72 ORDER granting #71 Motion for Extension of Time to Amend. The amended complaint due as per #68 the Court's Order may be filed by June 11, 2018.Docket Order Signed by Magistrate Judge Edwin G. Torres on 6/5/2018. (EGT) |
Filing 71 Mr. Mattera's Motion Requesting an Extension of Time to Include June 11,2018 to Comply with Motion to Amend. #68 Order on Motion to Amend/Correct by John A. Mattera. Responses due by 6/19/2018 (mee) |
Filing 70 ORDER denying #56 Motion to Set Aside ; granting 60 Motion to Strike.Plaintiff's motion to set aside under Rule 60 was filed in the incorrect action. No final judgment has been entered in this case. The Court in fact granted leave to amend the complaint by separate order in this case. Thus Rule 60 relief is entirely premature. To the extent that Plaintiff is seeking relief from a judgment entered in a separate case, any Rule 60 motions must be filed within the auspices of that case. Accordingly, Defendant's motion to strike is well taken.Docket Order Signed by Magistrate Judge Edwin G. Torres on 4/17/2018. (EGT) |
Filing 69 ORDER denying as moot #54 Motion to Adopt/Join; denying as moot #57 Motion to Dismiss; denying as moot #31 Motion to Dismiss for Failure to State a Claim. These pending motions are Denied as moot and without prejudice as per #68 .Docket Order Signed by Magistrate Judge Edwin G. Torres on 4/17/2018. (EGT) |
Filing 68 ORDER granting #64 Motion to Amend/Correct Complaint. The amended complaint must be filed by 6/1/2018. Signed by Magistrate Judge Edwin G. Torres on 4/17/2018. (EGT) |
Filing 67 RESPONSE to #64 MOTION to Amend/Correct by Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum. (Calderon, Bruce) |
Filing 66 NOTICE of Timely Filing re #64 Motion For Leave To Amend Complaint by John A. Mattera (fjn) |
Filing 65 ORDER re: #64 Motion to Amend/Correct Complaint. Any response or objection to the motion to amend shall be filed by 4/16/2018.Docket Order Signed by Magistrate Judge Edwin G. Torres on 4/9/2018. (EGT) |
Filing 64 MOTION For Leave to Amend The Complaint and Consolidate Response To The Defendant's Motion To Dismiss by John A. Mattera. Responses due by 4/20/2018 (fjn) |
Filing 63 ORDER granting #62 Motion for Extension of Time to File Response Re: #57 MOTION to Dismiss Complaint with Prejudice filed by Lawrence G. Nusbaum, Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, and #31 MOTION TO DISMISS Complaint filed by Bradford Van Siclen, Inga Walter Van Siclen. Though untimely, the Court will grant the motion for extension of time for good cause shown and given Plaintiff's pro se status: Responses to motions to dismiss due by 4/4/2018. Failure to file responses by such date may justify the entry of a motion granting the motions to dismiss by default.Docket Order Signed by Magistrate Judge Edwin G. Torres on 3/15/2018. (EGT) |
Filing 62 MOTION for Extension of Time to File Response/Reply/Answer as to #57 MOTION to Dismiss with Prejudice #1 Complaint, , #31 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by John A. Mattera. (ls) |
Filing 61 Clerks Notice to Filer re #59 Response in Opposition to Motion. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ls) |
Filing 60 MOTION to Strike #56 MOTION to Set Aside by Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum. Responses due by 3/27/2018 (ls)(See Image at DE #59) |
Filing 59 RESPONSE in Opposition re #56 MOTION to Set Aside filed by Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum. Replies due by 3/20/2018. (Attachments: #1 Exhibit A)(Calderon, Bruce) Modified to add missing event 60 motion to strike on 3/14/2018 (ls). |
Filing 58 NOTICE OF UNAVAILABILITY by Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum for dates of March 19, 2018 - March 23, 2018 (Calderon, Bruce) |
Filing 57 MOTION to Dismiss with Prejudice #1 Complaint, by Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum. Responses due by 3/12/2018 (Calderon, Bruce) |
Filing 56 MOTION to Eliminate or Set Aside Final Settlement due to Fraud by Counsel citing Extraordinary Circumstances under Rule 60(b)(6)(2) in Case 13-CIV-61596 (WPD) by John A. Mattera. (ls) (Main Document 56 replaced on 2/23/2018) (drz). |
Filing 55 Clerks Notice to Filer re #54 MOTION to join pending motion to dismiss re #31 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
Filing 54 Motion to Adopt/Join #31 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Inga Walter Van Siclen. (Attachments: #1 Text of Proposed Order)(Goski, Sheryl) Modified Relief on 2/20/2018 (ls). |
Filing 53 ORDER denying #52 Motion to Withdraw #32 Answer to Complaint. Upon review of the motion, the relief requested is Denied as the Clerk of Court properly designated #32 as a pro se answer to the complaint. This Order does not prevent Defendant Van Siclen from seeking to join a pending motion to dismiss, or alternatively from filing her own Rule 12 motion. If Defendant wishes to amend her answer, a Rule 15 motion may be filed.Docket Order Signed by Magistrate Judge Edwin G. Torres on 2/15/2018. (EGT) |
Filing 52 MOTION to Withdraw Document #32 Answer to Complaint by Inga Walter Van Siclen. Responses due by 3/1/2018 (Attachments: #1 Text of Proposed Order)(Goski, Sheryl) |
Filing 51 NOTICE of Attorney Appearance by Sheryl Mintz Goski on behalf of Inga Walter Van Siclen. Attorney Sheryl Mintz Goski added to party Inga Walter Van Siclen(pty:dft). (Goski, Sheryl) |
Filing 50 NOTICE of Compliance With Docket # 49 (requiring address for Inga Walter Van Siclen) by Bradford Van Siclen re 49 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, (Binhak, Stephen) |
Filing 49 Clerks Notice to Filer re #34 MOTION to Withdraw as Attorney by Stephen James Binhak.. Pro Se Party Address Not Added; CORRECTIVE ACTION REQUIRED - Pursuant to Administrative Order 2005-38, Filer must electronically file a Notice of Current Pro Se Party Address within five (5) business days if the Motion to Withdraw is Granted. (ls) |
Filing 48 ORDER granting #34 Motion to Withdraw as Attorney. Attorney Stephen James Binhak terminated as counsel of record for Defendant Inga Van Siclen, for good cause shown and Ms. Van Siclen's notice #33 .Defendant Van Siclen may represent herself in the action, so long as she complies with the Court's Rules in doing so, or otherwise retain separate counsel to represent her interests. Deadline to obtain new counsel 3/6/2018.Docket Order Signed by Magistrate Judge Edwin G. Torres on 2/6/2018. (EGT) |
Reset Answer Due Deadline: Gusrae, Kaplan, Nusbaum LLC response due 2/26/2018; Martin H. Kaplan response due 2/26/2018; Lawrence G. Nusbaum response due 2/26/2018. (ls) (per DE #47) |
Filing 47 ORDER granting #46 Motion for Extension of Time. For good cause shown, Defendants shall have until February 26, 2018 to file an Answer/Response. Docket Order Signed by Magistrate Judge Edwin G. Torres on 2/2/2018. (abu) |
Filing 46 Second MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum. (Calderon, Bruce) |
Filing 45 RESPONSE to #44 Letter by Plaintiff re. default in favor of Plaintiff by Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum. (Calderon, Bruce) |
Filing 44 Letter to Honorable Judge E. Torres re: Default from John A. Mattera (ls) |
Reset Answer Due Deadline: Gusrae, Kaplan, Nusbaum LLC response due 2/6/2018; Martin H. Kaplan response due 2/6/2018; Lawrence G. Nusbaum response due 2/6/2018. (ls) (per DE #41) |
Filing 43 ORDER granting #22 Motion for Extension of Time to file service affidavits, in accordance with D.E. 42.Docket Order Signed by Magistrate Judge Edwin G. Torres on 1/18/2018. (EGT) |
Filing 42 ORDER granting #21 Motion for Extension of Time to Serve Five Defendants, identified in the motion, for good cause shown. The Rule 4 deadline for service is extended by thirty (30) days from the date of this Order.Docket Order Signed by Magistrate Judge Edwin G. Torres on 1/18/2018. (EGT) |
Filing 41 ORDER granting #37 Motion for Extension of Time. For good cause shown, Defendants shall have until February 6, 2018 to file a Response/Answer. Docket Order Signed by Magistrate Judge Edwin G. Torres on 1/18/2018. (abu) |
Filing 40 ORDER by Clerk of Non-Entry of Default re #39 Motion for Clerks Entry of Default as to Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum, Bradford Van Siclen, Inga Walter Van Siclen. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed. Signed by DEPUTY CLERK on 1/18/2018. (ls) |
Filing 39 MOTION for Clerks Entry of Default as to Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum, Bradford Van Siclen, Inga Walter Van Siclen by John A. Mattera. (ls) |
Filing 38 Clerks Notice to Filer re #37 First MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint. 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. (ls) |
Filing 37 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum. (Attachments: #1 Text of Proposed Order)(Calderon, Bruce) Modified Link on 1/18/2018 (ls). |
Filing 36 NOTICE by Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum of Designation of E-Mail Addresses (Calderon, Bruce) Modified Text on 1/18/2018 (ls). |
Filing 35 NOTICE of Attorney Appearance by Bruce R. Calderon on behalf of Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum. Attorney Bruce R. Calderon added to party Gusrae, Kaplan, Nusbaum LLC(pty:dft), Attorney Bruce R. Calderon added to party Martin H. Kaplan(pty:dft), Attorney Bruce R. Calderon added to party Lawrence G. Nusbaum(pty:dft). (Calderon, Bruce) |
Filing 34 MOTION to Withdraw as Attorney by Stephen James Binhak. by Inga Walter Van Siclen. Responses due by 1/31/2018 (Attachments: #1 Text of Proposed Order)(Binhak, Stephen) |
Filing 33 Letter to Clerk of Court from Inga M. Walter (ls) |
Filing 32 ANSWER to Complaint by Inga Walter Van Siclen. (ls) |
Filing 31 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Bradford Van Siclen, Inga Walter Van Siclen. Attorney Stephen James Binhak added to party Bradford Van Siclen(pty:dft), Attorney Stephen James Binhak added to party Inga Walter Van Siclen(pty:dft). Responses due by 1/29/2018 (Attachments: #1 Exhibit A: Guilty Plea)(Binhak, Stephen) |
Filing 30 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by John A. Mattera. Bradford Van Siclen served on 12/27/2017, answer due 1/17/2018. (jc) |
Filing 29 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by John A. Mattera. Inga Walter Van Siclen served on 12/27/2017, answer due 1/17/2018. (jc) |
Filing 28 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by John A. Mattera. (jc) |
Filing 27 Summons Issued as to Gusrae, Kaplan, Nusbaum LLC. (jc) |
Filing 26 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Martin H. Kaplan. Martin H. Kaplan served on 12/27/2017, answer due 1/17/2018. (jc) |
Filing 25 Summons Issued as to Martin H. Kaplan. (jc) |
Filing 24 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Nusbaum, Lawrence. Lawrence G. Nusbaum served on 12/27/2017, answer due 1/17/2018. (jc) |
Filing 23 Summons Issued as to Lawrence G. Nusbaum. (jc) |
Filing 22 Notice that Court Fees Have Been Paid and Service was Perfected, MOTION for Extension of Time to File Affidavit by John A. Mattera. Responses due by 1/17/2018 (kpe) (Main Document 22 replaced on 1/9/2018) (drz). |
Filing 21 Confirmation of Filing Fees Paid, Notice of Withdrawing In Forma Pauperis Request, and Request For A 30 Day Extension of Time to Serve to Five Defendants by John A. Mattera. Responses due by 1/16/2018. (kpe) |
Filing 20 Clerks Notice of Receipt of Filing Fee received on 12/11/2017 in the amount of $ 400.00, receipt number FLS000009876 (cbr) |
Filing 19 ORDER denying #3 Motion for Leave to Proceed in forma pauperis ; denying as moot #8 Motion to Appoint Special Process Server. ; denying as moot #10 Motion to Cease and Desist; denying as moot #11 Motion to Set Aside ; denying as moot #18 Motion to Compel.The motion for leave to proceed in forma pauperis is Denied as Plaintiff has not submitted the necessary verified statement of assets and liabilities necessary to approve in forma pauperis status for a private civil action. The motion only attests that since his incarceration Plaintiff has had no income. Even assuming that is true, lack of contemporaneous income is only one of many factors relevant under 28 U.S.C. s. 1915. Plaintiff's ownership or control of any other tangible or intangible assets is also relevant to the analysis, but the current record does not allow for any finding in that regard. Accordingly, Plaintiff has not met his burden under the statute. Plaintiff shall therefore file an amended motion or otherwise file the necessary filing fee with the Clerk. The Court extends the time for service of the complaint on the Defendants, as per Rule 4, for an additional 30 days from this date.The remaining motions are Denied as moot, with leave to renew, based upon the absence of service on the defendants.Docket Order Signed by Magistrate Judge Edwin G. Torres on 12/4/2017. (EGT) |
Filing 18 MOTION to Compel /Order Marshal/Process Server to File Affidavits of Service made on Defendants per 28 U.S.C. 1915(a)(1) by John A. Mattera. Responses due by 11/20/2017 (ls) |
Filing 17 Clerks Non-Entry of Default as to Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum, Bradford Van Siclen, Inga Walter Van Siclen - Motions Terminated: #16 Motion for Clerks Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket. Signed by DEPUTY CLERK on 11/6/2017. (ls) |
Filing 16 MOTION for Clerks Entry of Default as to Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum, Bradford Van Siclen, Inga Walter Van Siclen by John A. Mattera. (ls) |
Filing 15 ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for a determination of all non-dispositive matters and a report and recommendation on any dispositive matters. Signed by Judge Kathleen M. Williams on 10/20/2017. (lrz1) |
Filing 14 Clerks Non-Entry of Default as to Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum, Bradford Van Siclen, Inga Walter Van Siclen - Motions Terminated: #13 Motion for Clerks Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket. Signed by DEPUTY CLERK on 10/20/2017. (lrz1) |
Filing 13 MOTION for Clerks Entry of Default as to Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum, Bradford Van Siclen, Inga Walter Van Siclen by John A. Mattera. (lrz1) |
Filing 12 NOTICE/Request for Court to Appoint Marshall to Serve Defendants per Rule 4(c)3 by John A. Mattera (lrz1) |
Filing 11 MOTION to Eliminate or Set Aside Final Settlement Due Fraud on the Court by Counsel Citing Extraordinary Circumstances Under Rule 60(b)(6) by John A. Mattera. (lrz1) |
Filing 10 MOTION to cease and desist by John A. Mattera. (lrz1) |
Filing 9 NOTICE of Filing Proposed Summons(es) by John A. Mattera. (kpe) |
Filing 8 Request for Court to Appoint Marshall to Serve Defendants by John A. Mattera. Responses due by 8/18/2017 (kpe) |
Filing 7 NOTICE of Address Correction by John A. Mattera (System updated) (Copy of DE 2 , 4 and #5 mailed to Plaintiff by Clerk) (mc) |
Filing 6 Clerk's First Notice of Undeliverable Mail re 4 Order Referring Case to Judge,,, 2 Clerk's Notice of Judge Assignment,, #5 Order of Instructions to Pro Se Litigant. US Mail returned for: John A. Mattera. The Court has located and updated the address for this party. Documents mailed to inmate at new address. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (drz) |
Filing 5 ORDER OF INSTRUCTION TO PRO SE LITIGANTS. Signed by Senior Judge Patricia A. Seitz for Judge Kathleen M. Williams on 6/28/2017. (mc) |
Filing 4 PAPERLESS ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, all discovery disputes and non-dispositive pretrial motions are REFERRED to Magistrate Judge Edwin G. Torres. It is further ORDERED that the Parties shall adhere to the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, Judge Williams' Court Practices and Procedures, and Judge Torres' Standing Order Setting Discovery Procedures. Judge Williams' Court Practices and Procedures and Judge Torres' Standing Order Setting Discovery Procedures are available at the Court's website: #http://www.flsd.uscourts.gov/?page_id=13071. Signed by Judge Kathleen M. Williams on 6/28/2017. (eft) |
Filing 3 MOTION for Leave to Proceed in forma pauperis by John A. Mattera. (vmz) |
Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams and Magistrate Judge Edwin G. Torres. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (vmz) |
Filing 1 COMPLAINT for Legal Malpractice and Damages against Gusrae, Kaplan, Nusbaum LLC, Martin H. Kaplan, Lawrence G. Nusbaum, Bradford Van Siclen, Inga Walter Van Siclen. Filing fees $ 400.00. IFP Filed, filed by John A. Mattera. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Summon(s))(vmz) |
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