Sarhan et al v. H & H Investors et al
| Anabella Soury and Robert Sarhan |
| Raul Gastesi, Jr., Patreeze Pearce, H & H Investors, Judge Leslie B. Rothenberg, George L. Piro, Judge Glenn Salter, Judge Jose M. Rodriguez, Judge Thomas Logue, Alfredo Duran, Thomas Sanders, Ralph Halim, Miami Dade County, Rodney Smith, Ron Desantis, Christopher A. Wray and William P. Wakshinsky |
| 1:2019cv20368 |
| January 28, 2019 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 37
Opinion ORDER denying #35 Motion for Permission to Appeal in Forma Pauperis, and Certifying that Appeal is Not Taken in Good Faith Signed by Judge Robert N. Scola, Jr on 3/28/2019. See attached document for full details. (hh)
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| Filing 36 Response to #31 Response in Opposition to #30 Emergency Motion to Set Aside Orders filed by Robert Sarhan. Replies due by 4/3/2019. (vmz) Modified text on 3/28/2019 (vmz). |
| Filing 35 MOTION for Leave to Appeal in forma pauperis by Robert Sarhan. (hh) |
| Filing 34 Notice of Appeal by Robert Sarhan as to #13 Order Dismissing Case. Filing fee $ 505.00. Receipt#: FEE NOT PAID. 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. (hh) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #34 Notice of Appeal. Notice has been electronically mailed. (hh) |
| Filing 33 RESPONSE in Opposition re #31 MOTION for Recusal MOTION to Change Venue filed by Ron Desantis, Thomas Logue, Jose M. Rodriguez, Glenn Salter, Rodney Smith. Replies due by 4/1/2019. (Weaver, Shane) |
| Filing 32 RESPONSE in Opposition re #30 EMERGENCY MOTION with Certification of Emergency included filed by Ron Desantis, Thomas Logue, Jose M. Rodriguez, Glenn Salter, Rodney Smith. Replies due by 3/26/2019. (Weaver, Shane) |
| Filing 31 MOTION to Recuse Judge Robert N. Scola, Jr., MOTION to Change Venue ( Responses due by 3/25/2019) by Robert Sarhan. (Attachments: #1 Exhibit)(yar) |
| Filing 30 EMERGENCY MOTION to Set Aside February 26, 2019 Order Dismissing Case, EMERGENCY Hearing Requested by Robert Sarhan. Responses due by 3/25/2019. (yar) |
| Filing 29 MOTION for Reconsideration re 28 Order on Motion to Remand to State Court,,,, by H & H Investors. (Attachments: #1 Exhibit "A" and "B")(Gastesi, Raul) |
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Filing 28
PAPERLESS ORDER denying H&H Investor's motion for remand to state court and to declare the Plaintiff a vexatious litigant #27 . With respect to remand, this case was not removed from state court; thus remand is not available under 28 U.S.C. sec. 1447 (titled: "Procedure after removal generally"). As for the request to declare Sarhan a vexatious litigant, this case was dismissed on February 26, 2019 #13 , and nothing in this action impedes the final sale of the foreclosed upon property. The Court will not speculate as to what actions Sarhan may initiate in the future, and finds H&H's requested pre-filing injunction not ripe for judicial determination. See Digital Props., Inc. v. City of Plantation, 121 F.3d 586, 589 (11th Cir. 1997) ("The ripeness doctrine protects federal courts from engaging in speculation or wasting their resources through the review of potential or abstract disputes."). Signed by Judge Robert N. Scola, Jr. (zlz)
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| Filing 27 MOTION to Remand to State Court and to Declare Sarhan a Vexatious Litigant by H & H Investors. (Gastesi, Raul) |
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Filing 26
PAPERLESS ORDER striking the notice of adoption filed by Defendants Patreeze Pearce and William P. Wakshinsky #24 . This case is dismissed and closed. (See #13 .) Signed by Judge Robert N. Scola, Jr. (zlz)
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| Filing 25 NOTICE of Attorney Appearance by Harvey D. Rogers on behalf of Patreeze Pearce (Rogers, Harvey) |
| Filing 24 (STRICKEN PER DE#26)Notice of Adoption by Patreeze Pearce, William P. Wakshinsky Related document: #9 EMERGENCY MOTION with Certification of Emergency included filed by H & H Investors. Attorney Harvey D. Rogers added to party Patreeze Pearce(pty:dft). (Rogers, Harvey) Text Modified on 3/1/2019 (cqs). |
| Filing 23 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Anabella Soury, Robert Sarhan. Alfredo Duran served on 2/4/2019, answer due 2/25/2019. (ra) |
| Filing 22 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Anabella Soury, Robert Sarhan. Patreeze Pearce served on 2/5/2019, answer due 2/26/2019. (ra) |
| Filing 21 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Anabella Soury, Robert Sarhan. Jose M. Rodriguez served on 2/16/2019, answer due 3/11/2019. (ra) |
| Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Anabella Soury, Robert Sarhan. Rodney Smith served on 2/6/2019, answer due 2/27/2019. (ra) |
| Filing 19 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Anabella Soury, Robert Sarhan. Miami Dade County served on 2/6/2019, answer due 2/27/2019. (ra) |
| Filing 18 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Anabella Soury, Robert Sarhan. Ron Desantis served on 2/4/2019, answer due 2/25/2019. (ra) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Anabella Soury, Robert Sarhan. Thomas Logue served on 2/7/2019, answer due 2/28/2019. (ra) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Anabella Soury, Robert Sarhan. Glenn Salter served on 2/7/2019, answer due 2/28/2019. (ra) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Anabella Soury, Robert Sarhan. George L. Piro served on 2/4/2019, answer due 2/25/2019. (ra) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Anabella Soury, Robert Sarhan. William P. Wakshinsky served on 2/5/2019, answer due 2/26/2019. (ra) |
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Filing 13
ORDER DISMISSING CASE, counts I through X11 are dismissed without prejudice for lack of subject matter jurisdiction. Counts X111 and XIV are dismissed with prejudice as frivolous under the court's inherent authority. All pending motions are denied as moot. Closing Case. Signed by Judge Robert N. Scola, Jr on 2/26/2019. See attached document for full details. (mno)
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| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Ron Desantis, Thomas Logue, Jose M. Rodriguez, Glenn Salter, Rodney Smith. Attorney Shane Weaver added to party Ron Desantis(pty:dft), Attorney Shane Weaver added to party Thomas Logue(pty:dft), Attorney Shane Weaver added to party Jose M. Rodriguez(pty:dft), Attorney Shane Weaver added to party Glenn Salter(pty:dft), Attorney Shane Weaver added to party Rodney Smith(pty:dft). (Attachments: #1 Text of Proposed Order)(Weaver, Shane) |
| Filing 11 NOTICE of Attorney Appearance by Harvey D. Rogers on behalf of William P. Wakshinsky. Attorney Harvey D. Rogers added to party William P. Wakshinsky(pty:dft). (Rogers, Harvey) |
| Filing 10 MOTION Declare Dr. Robert Sarhan a Vexatios Litigant by H & H Investors. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Gastesi, Raul) |
| Filing 9 EMERGENCY MOTION with Certification of Emergency included by H & H Investors. Responses due by 2/27/2019 (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Gastesi, Raul) |
| Filing 7 Clerks Notice of Docket Correction re #6 MOTION to Change Venue. Document Restricted Due to Error; The correct document has been attached to this notice. (vmz) |
| Filing 8 NOTICE Of Non-Consent To A Magistrate Judge In This Case by Robert Sarhan (vmz) Modified file date on 2/12/2019 (vmz). |
| Filing 6 MOTION For Change Of Venue To U.S. District Court Middle District Of Florida by Robert Sarhan. Responses due by 2/25/2019 (vmz) See #7 for document image. Modified text on 2/12/2019 (asl). |
| Filing 5 Summons Issued as to H & H Investors. (ail) |
| Filing 4 Summons Issued as to Ron Desantis, Alfredo Duran, Raul Gastesi, Jr, Ralph Halim, Thomas Logue, Miami Dade County, Patreeze Pearce, George L. Piro, Jose M. Rodriguez, Leslie B. Rothenberg, Glenn Salter, Thomas Sanders, Rodney Smith, William P. Wakshinsky, Christopher A. Wray. (ail) |
| Filing 3 Clerks Notice of Receipt of Filing Fee received on 1/28/2019 in the amount of $ 400.00, receipt number FLS100180347. (vt) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. 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. (ail) |
| Filing 1 COMPLAINT against Ron Desantis, Alfredo Duran, Raul Gastesi, Jr, H & H Investors, Ralph Halim, Thomas Logue, Miami Dade County, Patreeze Pearce. Filing fees $ 400.00, filed by Anabella Soury, Robert Sarhan. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Notice of Removal, #4 Notice of Removal)(ail) |
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