Acheron Portfolio Trust et al v. MUKAMAL
| AVERNUS PORTFOLIO TRUST, ACHERON CAPITAL, LTD., STYX PORTFOLIO TRUST, LORENZO TONTI 2006 TRUST and Acheron Portfolio Trust |
| BARRY MUKAMAL, as Trustee of the MUTUAL BENEFITS KEEP POLICY TRUST and Barry Mukamal |
| 1:2020cv25025 |
| December 9, 2020 |
| U.S. District Court for the Southern District of Florida |
| Darrin P Gayles |
| Jared M Strauss |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0001 |
| None |
Docket Report
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| Filing 28 NOTICE of Change of Address, Email or Law Firm Name by Daniel R Lazaro (Lazaro, Daniel) |
Filing 27
ORDER Setting Status Conference: Status Conference Re: Motion to Dismiss set for 2/10/2021 at 09:30 AM in Fort Lauderdale Division before Magistrate Judge Jared M. Strauss. Signed by Magistrate Judge Jared M. Strauss on 2/2/2021. See attached document for full details. (osd)
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| Filing 26 REPLY to Response to Motion re #13 Defendant's MOTION to Dismiss #1 Petition (Complaint) to Enforce/Compel Arbitration, and Request for Hearing filed by Barry Mukamal. (Arrastia, John) |
| Filing 25 NOTICE of Attorney Appearance by Angelo Michael Castaldi on behalf of Barry Mukamal. Attorney Angelo Michael Castaldi added to party Barry Mukamal(pty:dft). (Castaldi, Angelo) |
| Filing 24 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement Corrected to link other interested parties by ACHERON CAPITAL, LTD., AVERNUS PORTFOLIO TRUST, Acheron Portfolio Trust, LORENZO TONTI 2006 TRUST, STYX PORTFOLIO TRUST identifying Other Affiliate Litai Assets, LLC, Other Affiliate Jan-Eric Samuel, Other Affiliate Aaron Smith, Other Affiliate KapilaMukamal, LLP, Other Affiliate Proactive Technologies LLC, Other Affiliate Robert Edelstein, Other Affiliate Jean-Michel Paul for ACHERON CAPITAL, LTD., AVERNUS PORTFOLIO TRUST, Acheron Portfolio Trust, LORENZO TONTI 2006 TRUST, STYX PORTFOLIO TRUST (Lazaro, Daniel) |
| Filing 23 Clerks Notice to Filer re #19 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (pes) |
| Filing 22 NOTICE of Attorney Appearance by David Lee Rosendorf on behalf of Barry Mukamal. Attorney David Lee Rosendorf added to party Barry Mukamal(pty:dft). (Rosendorf, David) |
| Filing 21 Certificate of Other Affiliates/Corporate Disclosure Statement by Barry Mukamal (Arrastia, John) |
| Filing 20 NOTICE by ACHERON CAPITAL, LTD., AVERNUS PORTFOLIO TRUST, Acheron Portfolio Trust, LORENZO TONTI 2006 TRUST, STYX PORTFOLIO TRUST re #14 Order Requiring Joint Scheduling Report,,, Joint Explanation Regarding Scheduling Report Requirement (Lazaro, Daniel) |
| Filing 19 Certificate of Other Affiliates/Corporate Disclosure Statement by ACHERON CAPITAL, LTD., AVERNUS PORTFOLIO TRUST, Acheron Portfolio Trust, LORENZO TONTI 2006 TRUST, STYX PORTFOLIO TRUST (Soto, Miranda) |
| Filing 18 RESPONSE in Opposition re #13 Defendant's MOTION to Dismiss #1 Petition (Complaint) to Enforce/Compel Arbitration, and Request for Hearing filed by ACHERON CAPITAL, LTD., AVERNUS PORTFOLIO TRUST, Acheron Portfolio Trust, LORENZO TONTI 2006 TRUST, STYX PORTFOLIO TRUST. Replies due by 1/26/2021. (Attachments: #1 Exhibit Exhibit 1 - Litai Complaint, #2 Affidavit Exhibit 2 - Declaration of Bryan Cooper)(Lazaro, Daniel) |
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Filing 17
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for a ruling on all pre-trial, non-dispositive matters and a report and recommendation on all dispositive matters. Referring to Magistrate Judge Jared M. Strauss Defendant Barry Mukamal's #13 Motion to Dismiss Petition to Compel Arbitration and Request for Hearing. Signed by Judge Darrin P. Gayles (jsi)
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| Magistrate Judge Jared M. Strauss added PTN per Order DE 17 . Motions referred to Judge Jared M. Strauss. (mf) |
| Filing 16 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Telephonic Status Conference held on January 13, 2021. Attorney Appearances: Larry Ivan Glick, Miranda Lundeen Soto, Steven L. Schreckinger, and John Arrastia, Jr. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (jsi) |
| Filing 15 Notice of Pending, Refiled, Related or Similar Actions by Barry Mukamal (Attachments: #1 Exhibit List of Docket Entries for SEC proceeding, #2 Exhibit List of Docket Entries for Acheron v. Mukamal) (Arrastia, John) |
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Filing 14
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before January 25, 2021, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 13 Defendant's MOTION to Dismiss #1 Petition (Complaint) to Enforce/Compel Arbitration, and Request for Hearing by Barry Mukamal. Attorney John Arrastia, Jr added to party Barry Mukamal(pty:dft). Responses due by 1/19/2021 (Attachments: #1 Exhibit, #2 Exhibit)(Arrastia, John) |
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Filing 12
PAPERLESS ORDER setting Telephonic Status Conference on January 13, 2021, at 10:00 A.M. before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Telephonic Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (jsi)
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Filing 11
PAPERLESS ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Steven L. Schreckinger is permitted to appear before this Court on behalf of Plaintiffs Acheron Portfolio Trust, Avernus Portfolio Trust, Lorenzo Tonti 2006 Trust, Styx Portfolio Trust, and Acheron Capital, Ltd., for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Schreckinger at sschreckinger@andersonkreiger.com. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 10 NOTICE by ACHERON CAPITAL, LTD., AVERNUS PORTFOLIO TRUST, Acheron Portfolio Trust, LORENZO TONTI 2006 TRUST, STYX PORTFOLIO TRUST re #9 Summons Issued, #1 Petition (Complaint) to Enforce/Compel Arbitration, of Acceptance of Service of Process (Attachments: #1 Exhibit 1) (Lazaro, Daniel) |
| Filing 9 Summons Issued as to Barry Mukamal. (jao) |
| Filing 8 NOTICE of Filing Proposed Summons(es) by ACHERON CAPITAL, LTD., AVERNUS PORTFOLIO TRUST, Acheron Portfolio Trust, LORENZO TONTI 2006 TRUST, STYX PORTFOLIO TRUST re #1 Petition (Complaint) to Enforce/Compel Arbitration, filed by Acheron Portfolio Trust. Attorney Daniel R Lazaro added to party ACHERON CAPITAL, LTD.(pty:pla), Attorney Daniel R Lazaro added to party AVERNUS PORTFOLIO TRUST(pty:pla), Attorney Daniel R Lazaro added to party LORENZO TONTI 2006 TRUST(pty:pla), Attorney Daniel R Lazaro added to party STYX PORTFOLIO TRUST(pty:pla). (Attachments: #1 Summon(s)) (Lazaro, Daniel) |
| Filing 7 NOTICE of Attorney Appearance by Daniel R Lazaro on behalf of Acheron Portfolio Trust. Attorney Daniel R Lazaro added to party Acheron Portfolio Trust(pty:pla). (Lazaro, Daniel) |
| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven L. Schreckinger. Filing Fee $ 200.00 Receipt # AFLSDC-14022170 by AVERNUS PORTFOLIO TRUST. Responses due by 12/28/2020 (Attachments: #1 Text of Proposed Order)(Soto, Miranda) |
| Filing 5 Notice of Pending, Refiled, Related or Similar Actions by Acheron Portfolio Trust (Glick, Larry) |
| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (jsi) |
| Filing 3 Bar Letter re: Admissions sent to attorney Steven L. Schreckinger, mailing date 12/10/2020, (cco) |
| 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 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. (jao) |
| Filing 1 Petition (Complaint) to Compel Arbitration and Request for Hearing Arbitration. Filing fee $402.00 receipt number AFLSDC-14007513, filed by Acheron Portfolio Trust. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Glick, Larry) |
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