Mary Ann James de Holguin
Defendant: Rubio Pilar and Shutts & Bowen LLP
In Re: Mary Ann James de Holguin
Case Number: 1:2020mc23410
Filed: August 17, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Robert N Scola
Referring Judge: Edwin G Torres
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1782
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 14, 2020 Filing 22 RESPONSE in Opposition re #20 Cross MOTION to Compel Applicant and her Counsel to Produce Communications Between Decedent and Respondents, and for Sanctions, with Incorporated Memorandum of Law filed by Mary Ann James de Holguin. Replies due by 10/21/2020. (Attachments: #1 Exhibit A)(Levenson, Joshua)
October 7, 2020 Filing 21 REPLY to Response to Motion re #14 First MOTION for Extension of Time to File Response/Reply/Answer First MOTION leave to file under seal, in camera review, and extension of time filed by Mary Ann James de Holguin. (Attachments: #1 Exhibit A)(Jimenez, Adolfo)
September 30, 2020 Filing 20 Cross MOTION to Compel Applicant and her Counsel to Produce Communications Between Decedent and Respondents, and for Sanctions, with Incorporated Memorandum of Law by Rubio Pilar, Shutts & Bowen LLP. Responses due by 10/14/2020 (Attachments: #1 Exhibit A - Counter-Petition, #2 Exhibit B - Email chain between counsel, #3 Exhibit C - Declaration of Diego Suarez, #4 Exhibit D - Prenuptial Agreement)(Wasserman, Jamie)
September 30, 2020 Filing 19 RESPONSE in Opposition re #14 First MOTION for Extension of Time to File Response/Reply/Answer First MOTION leave to file under seal, in camera review, and extension of time filed by Rubio Pilar, Shutts & Bowen LLP. Replies due by 10/7/2020. (Attachments: #1 Exhibit A - Counter Petition, #2 Exhibit B - Email chain between counsel, #3 Exhibit C - Declaration of Diego Suarez, #4 Exhibit D - Prenuptial Agreement)(Wasserman, Jamie)
September 25, 2020 Filing 18 REPLY to Response to Motion re #12 MOTION to Strike #1 Application for Judicial Assistance/Letter Rogatory,, Spurious Allegations and Impose Sanctions Against Applicant and Her Counsel and Award Respondents their Attorneys Fees and Costs filed by Rubio Pilar, Shutts & Bowen LLP. (Attachments: #1 Exhibit Exhibit A - Email chain between counsel, #2 Exhibit Exhibit B - Declaration of Diego Suarez, #3 Exhibit Exhibit C - Prenuptial Agreement - Colombian, #4 Exhibit Exhibit D - Mary Ann James Certificate of Disposition of marriage, #5 Exhibit Exhibit E - Prenuptial Agreement Outside of Colombia, #6 Exhibit Exhibit F - NY Cert of Marriage Registration, #7 Exhibit Exhibit G - Counter-Petition, #8 Exhibit Exhibit H - Statement of Claims by Mary Ann James de Holguin)(Wasserman, Jamie)
September 18, 2020 Filing 17 RESPONSE in Opposition re #12 MOTION to Strike #1 Application for Judicial Assistance/Letter Rogatory,, Spurious Allegations and Impose Sanctions filed by Mary Ann James de Holguin. Replies due by 9/25/2020. (Attachments: #1 Exhibit A)(Levenson, Joshua)
September 18, 2020 Opinion or Order Filing 16 ORDER REFERRING #14 First MOTION for Extension of Time to File Response/Reply/Answer First MOTION leave to file under seal, in camera review, and extension of time filed by Mary Ann James de Holguin. Motions referred to Judge Edwin G. Torres. Signed by Judge Robert N. Scola, Jr on 9/17/2020. See attached document for full details. (lk)
September 16, 2020 Filing 15 REPLY to #11 Response/Reply (Other), by Mary Ann James de Holguin. (Attachments: #1 Exhibit A - Bermudez Decl.)(Levenson, Joshua)
September 16, 2020 Filing 14 First MOTION for Extension of Time to File Response/Reply/Answer , First MOTION leave to file under seal, in camera review, and extension of time by Mary Ann James de Holguin. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Jimenez, Adolfo)
September 11, 2020 Opinion or Order Filing 13 ORDER REFERRING #12 MOTION to Strike #1 Application for Judicial Assistance/Letter Rogatory. Motions referred to Judge Edwin G. Torres to be heard and determined, consistent with 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of the Local Magistrate Judge Rules. Signed by Judge Robert N. Scola, Jr. on 9/11/2020. See attached document for full details. (jas)
September 9, 2020 Filing 12 MOTION to Strike #1 Application for Judicial Assistance/Letter Rogatory,, Spurious Allegations and Impose Sanctions by Rubio Pilar, Shutts & Bowen LLP. Responses due by 9/23/2020 (Attachments: #1 Exhibit 1-Declaration of Rubio, #2 Exhibit 2 - Declaration of Cohen, #3 Exhibit 3-Declaration of Suarez)(Ebner, Steven)
September 9, 2020 Filing 11 RESPONSE to #1 Application for Judicial Assistance/Letter Rogatory,, by Rubio Pilar, Shutts & Bowen LLP. (Attachments: #1 Exhibit 1 - Declaration of Rubio, #2 Exhibit 2 - Declaration of Cohen, #3 Exhibit 3 - Declaration of Suarez, #4 Exhibit 4-Docket, #5 Exhibit 5-Privilege Log)(Ebner, Steven)
August 26, 2020 Opinion or Order Filing 10 PAPERLESS ORDER granting in part and denying in part 6 Motion for Extension of Time. Ordinarily, this stage of the process under 28 U.S.C. s 1782 can be adjudicated on an ex parte basis. Any relief on the application would allow a Rule 45 subpoena to be issued and appropriate objections and responses could then be served by any objecting party. In this case, the interested objecting party is seeking to be heard prior to a subpoena being issued, in part on the argument that there is no pending judicial proceeding in a foreign jurisdiction sufficient to trigger section 1782. Additionally, the interested party is asserting duplication of remedies based on pending probate matters in this jurisdiction.Accordingly, the Court will grant the request for an extension of time to respond to the application for any interested party, but only through 9/9/2020. But any such response, to the extent it is based on claims of attorney client privilege, must include a properly prepared privilege log as required by Local Rule 26.1. Failure to include any responsive documents, that are identified in the application, in the privilege log may be deemed a waiver of the claim of privilege. Signed by Magistrate Judge Edwin G. Torres on 8/26/2020. (EGT)
August 25, 2020 Filing 9 RESPONSE in Opposition re 6 MOTION for Extension of Time 30 days to file Comprehensive Response in opposition re #1 Application for Judicial Assistance/Letter Rogatory,, filed by Mary Ann James de Holguin. Replies due by 9/1/2020. (Jimenez, Adolfo)
August 24, 2020 Opinion or Order Filing 8 Order Referring Motion to Magistrate Judge re #5 NOTICE by Rubio Pilar, Shutts & Bowen LLP re 1 Application for Judicial Assistance/Letter Rogatory ; 6 MOTION for Extension of Time. Motions referred to Judge Edwin G. Torres. Signed by Judge Robert N. Scola, Jr on 8/24/2020. See attached document for full details. (jbs) Modified text on 8/24/2020 (mr1).
August 21, 2020 Filing 7 Clerks Notice to Filer re #5 Notice (Other),. 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; See DE 6 . It is not necessary to refile this document but in the future, the Filer must select all applicable events. (lk)
August 20, 2020 Filing 6 MOTION for Extension of Time 30 days to file Comprehensive Response in opposition re #1 Application for Judicial Assistance/Letter Rogatory,, by Rubio Pilar, Shutts & Bowen LLP. Responses due by 9/3/2020 See image at DE #5 (lk)
August 20, 2020 Filing 5 NOTICE by Rubio Pilar, Shutts & Bowen LLP re #1 Application for Judicial Assistance/Letter Rogatory,, Notice of Objection and Request for Thirty Days to File Comprehensive Response in Opposition to Application. Attorney Jamie B Wasserman added to party Rubio Pilar(pty:dft), Attorney Jamie B Wasserman added to party Shutts & Bowen LLP(pty:dft). (Attachments: #1 Exhibit Notice of Administration) (Wasserman, Jamie)
August 20, 2020 Filing 4 NOTICE of Attorney Appearance by Steven Michael Ebner on behalf of Rubio Pilar, Shutts & Bowen LLP. Attorney Steven Michael Ebner added to party Rubio Pilar(pty:dft), Attorney Steven Michael Ebner added to party Shutts & Bowen LLP(pty:dft). (Ebner, Steven)
August 18, 2020 Opinion or Order Filing 3 Order Referring Application to Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 8/18/2020. See attached document for full details. (jbs)
August 17, 2020 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. (jbs)
August 17, 2020 Filing 1 APPLICATION for Judicial Assistance for Discovery Pursuant to 28 U.S.C. 1782 for Discovery Pursuant to 28 U.S.C. 1782. Filing fee $ 47.00 receipt number AFLSDC-13362511, filed by Mary Ann James de Holguin. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A of Application for Discovery, #3 Memorandum Memorandum of Law, #4 Exhibit 1 of Memorandum, #5 Exhibit 2 of Memorandum, #6 Exhibit 3 of Memorandum, #7 Exhibit 4 of Memorandum, #8 Exhibit 5 of Memorandum, #9 Exhibit 6 of Memorandum, #10 Exhibit 7 of Memorandum, #11 Exhibit 8 of Memorandum)(Jimenez, Adolfo)

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In re: Mary Ann James de Holguin
Represented By: Adolfo Enrique Jimenez
Represented By: Joshua Royas Levenson
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Defendant: Rubio Pilar
Represented By: Jamie B Wasserman
Represented By: Steven Michael Ebner
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Defendant: Shutts & Bowen LLP
Represented By: Jamie B Wasserman
Represented By: Steven Michael Ebner
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