STEIN v. SUNSHINE LIFE & HEALTH ADVISORS, LLC.
| AXEL STEIN |
| SUNSHINE LIFE & HEALTH ADVISORS, LLC. |
| 1:2020cv22539 |
| June 19, 2020 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Plaintiff |
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This docket was last retrieved on July 30, 2020. A more recent docket listing may be available from PACER.
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs Notice of Voluntary Dismissal With Prejudice. #19 . Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim prior to a defendant's filing of an answer or a motion for summary judgment. Here, neither an answer nor motion for summary judgment has been filed. UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITH PREJUDICE. The Clerk of the Court is instructed to CLOSE this Case. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 7/30/2020. (mgh)
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| Filing 19 NOTICE of Voluntary Dismissal With Prejudice by AXEL STEIN (Shamis, Andrew) |
| Filing 18 PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon a Notice of Settlement, which states that the Parties have settled this matter. #17 . THE PARTIES are hereby directed to file a stipulation of dismissal of all claims signed by all Parties pursuant to Rule 41(a), Fed. R. Civ. P., within thirty (30) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be DISMISSED and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of the Court is instructed to administratively CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 7/17/2020. (mgh) |
| Filing 17 NOTICE of Settlement by AXEL STEIN (Edelsberg, Scott) |
| Filing 16 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by SUNSHINE LIFE & HEALTH ADVISORS, LLC.. Responses due by 7/29/2020 (Fernandez, Robert) |
| Filing 15 RESPONSE to Motion re #12 Plaintiff's MOTION to Remand to State Court filed by SUNSHINE LIFE & HEALTH ADVISORS, LLC.. Replies due by 7/22/2020. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Fernandez, Robert) |
| Filing 14 Notice of Supplemental Authority re #12 Plaintiff's MOTION to Remand to State Court by AXEL STEIN (Attachments: #1 Exhibit A. - Mittenthal, et al. v. Florida Panthers Hockey Club, Ltd.) (Edelsberg, Scott) |
| Filing 13 NOTICE of Change of Address by Aaron Matthew Ahlzadeh (Ahlzadeh, Aaron) |
| Filing 12 Plaintiff's MOTION to Remand to State Court by AXEL STEIN. Attorney Aaron Matthew Ahlzadeh added to party AXEL STEIN(pty:pla). (Attachments: #1 Exhibit Ex. A - Court Docket)(Ahlzadeh, Aaron) |
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Extension of Time to Respond to the Complaint. #9 . Therein, Defendant informs the Court that its response to the Complaint was due on June 26, 2020. Id. at 2. As such, Defendants request for an extension of time was made after the time to respond to the Complaint had expired. Pursuant to Rule 6(b)(1)(B) of the Federal Rules of Civil Procedure, a court may extend time on a motion made after the time has expired if the party has failed to act because of excusable neglect. Fed. R. Civ. P. 6(b)(1)(B). The determination of whether neglect is "excusable" is an "equitable [inquiry] taking account of all relevant circumstances surrounding the party's omission." Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 395 (1993) (citation omitted). The relevant circumstances include "the danger of prejudice to the [opposing party], the length of delay and its potential impact on judicial proceedings, the reason for the delay, including whether it was within the reasonable control of the [party], and whether the [party] acted in good faith." Id. (citation omitted). A lawyer's misunderstanding of clear law cannot constitute excusable neglect. See Advanced Estimating Sys., Inc. v. Riney, 130 F.3d 996, 998 (11th Cir. 1997). Here, the Court finds that Defendant's failure to respond to the Complaint before the deadline is attribute to excusable neglect. First, there is no danger of prejudice to Plaintiff because the case is in its infancy and the delay is brief. Defendant was served with the Complaint on May 19, 2020 and removed the case to federal court on June 19, 2020. #9 at 1. Second, the length of delay is short, Defendants response was due on Friday June 26, 2020 and Defendant moved for an extension of time on Tuesday, June 30, 2020. Id. Moreover, there is no impact to judicial proceedings because a brief extension of time to respond to the Complaint does not affect any other deadlines. Third, Defendant argues that he failed to respond to the Complaint before the deadline because of the difficulties attributable to the COVID-19 pandemic. However, the difficulties surrounding the COVID-19 pandemic are not a sufficient reason to justify a failure to respond to a Complaint before the deadline. Fourth, there is no indication that Defendant deliberately disregarded the deadline. As such, on balance of the factors, despite Defendant's insufficient reason for failing to respond to the Complaint within the deadline, there is no danger of prejudice to Plaintiff, lengthy delay, nor any indication that Defendant acted in bad faith. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #9 is GRANTED. Defendant shall answer or otherwise respond to the Complaint on or before July 15, 2020. Signed by Chief Judge K. Michael Moore on 7/1/2020. (mgh)
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| Filing 10 NOTICE of Attorney Appearance by Scott Adam Edelsberg on behalf of AXEL STEIN (Edelsberg, Scott) |
| Filing 9 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Complaint by SUNSHINE LIFE & HEALTH ADVISORS, LLC.. (Attachments: #1 Text of Proposed Order Proposed Order for Extension of Time to Respond to Complaint)(Fernandez, Robert) |
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Filing 8
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 6/23/2020. (mgh)
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Filing 7
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 6/23/2020. (mgh)
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| Filing 6 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Robert Henry Fernandez re #5 Notice of Change of Address. After filing a Notice of Change of Address, Attorney Robert Henry Fernandez is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. (pt) |
| Filing 5 NOTICE of Change of Address by Robert Henry Fernandez (Fernandez, Robert) |
| Filing 4 NOTICE by SUNSHINE LIFE & HEALTH ADVISORS, LLC. Civil Cover Sheet (Fernandez, Robert) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (cds) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Notice of Removal) Filing fee $ 400.00 receipt number AFLSDC-13056138, filed by SUNSHINE LIFE & HEALTH. (Attachments: #1 Exhibit Complaint, #2 Exhibit Return of Service)(Fernandez, Robert) Text Modified on 6/19/2020 (cds). No Answer/Motion to Dismiss Filed. |
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