Sarhan et al v. H & H Investors Inc.
| Anabella Soury, Anabella Sarhan and Robert Sarhan |
| H & H Investors Inc. |
| 1:2019cv22588 |
| June 21, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 12 Acknowledgment of Receipt of NOA from USCA re 10 Notice of Appeal, filed by Anabella Soury, Robert Sarhan. Date received by USCA: 7/9/19. USCA Case Number: 19-12676-A. (hh) |
| Filing 11 Clerks Notice of Receipt of Appeal Filing Fee received on 7/22/2019 in the amount of $ 505.00, receipt number FLS100191445. (vt) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 10 Notice of Appeal. Notice has been electronically mailed. (hh) |
| Filing 10 Notice of Appeal by Robert Sarhan, Anabella Soury as to 5 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. (see image de#8 ) (hh) |
| Filing 9 Clerks Notice to Filer re #8 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#10]. It is not necessary to refile this document. (hh) |
| Filing 8 NOTICE by Robert Sarhan, Anabella Soury (Morburger, Arthur) |
Filing 7
PAPERLESS ORDER denying #6 Emergency Motion to Reconsider. Signed by Judge Darrin P. Gayles (DPG)
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| Filing 6 Plaintiff's EMERGENCY MOTION with Certification of Emergency included by Robert Sarhan, Anabella Soury. Responses due by 7/15/2019 (Attachments: #1 Certification)(Morburger, Arthur) |
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Filing 5
PAPERLESS ORDER dismissing case. Plaintiffs filed their Emergency Complaint #1 on June 21, 2019, seeking review of the latest Florida state court order denying them relief from a foreclosure judgment. This case shall be dismissed as Plaintiffs were recently denied the same sought relief on the same substantive issues presented here. Sarhan, et al. v. H&H Investors, Inc., et al., 19-CV-20368-RNS, ECF Nos. 37 & 38 (S.D. Fla. Apr. 1, 2019). In denying Plaintiffs' motion to appeal in forma pauperis, Judge Scola noted that Plaintiffs' claims are frivolous and Mr. Sarhan is "using the federal courts to delay the foreclosure sale and to disparage those who he feels have wronged him." Id. at ECF No. 37. Further, this Court lacks jurisdiction over these claims pursuant to the Rooker-Feldman doctrine. Casale v. Tillman, 558 F.3d 1258, 1260 (11th Cir. 2009). The doctrine bars federal claims raised in the state court and claims "inextricably intertwined" with the state court's judgment. See District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 482 n.16 (1983). "A claim is 'inextricably intertwined' if it would 'effectively nullify' the state court judgment, or [if] it 'succeeds only to the extent that the state court wrongly decided the issues.'" Casale, 558 F.3d at 1260. Plaintiffs seek to do just that. Accordingly, this case is dismissed without prejudice. Signed by Judge Darrin P. Gayles (isc)
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| Filing 4 Clerks Notice of Receipt of Filing Fee received on 6/21/2019 in the amount of $ 400.00, receipt number FLS100189693. (vt) |
| Filing 3 Clerk's Notice of Filing Deficiency Re: #1 Complaint filed by Anabella Soury, Rodert Sarhan. Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (drz) |
| Filing 1 EMERGENCY COMPLAINT PLAINTIFFS REQUEST EMERGENCY DECLARATORY RELIEF UNDER RULE 57 AND EMERGENCY INJUNCTION UNDER RULE 65 against H & H Investors Inc.. Filing fees $ 400.00, filed by Rodert Sarhan, Robert Soury. (Attachments: #1 Civil Cover Sheet)(drz) (Main Document 1 replaced on 6/21/2019) (yar). (Additional attachment(s) added on 6/21/2019: #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (yar). Modified text on 6/21/2019 (yar). |
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