Black River Partners I, LLC v. Conategi, LLC
| BLACK RIVER PARTNERS I, LLC |
| CONATEGI, LLC |
| 1:2021cv20912 |
| March 8, 2021 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Real Property: Foreclosure |
| 12 U.S.C. ยง 0191 |
| None |
Docket Report
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| Document Text |
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| Filing 13 Acknowledgment of Receipt of NOA from USCA re #12 Notice of Appeal, filed by Conategi, LLC. Date received by USCA: 5/4/2021. USCA Case Number: 21-11531-BB. (apz) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #12 Notice of Appeal. Notice has been electronically mailed. (hh) |
| Filing 12 Notice of Appeal as to #8 Order Remanding Case to State Court by Conategi, LLC. Filing fee $ 505.00 receipt number AFLSDC-14648910. 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. (Marrero, Julio) |
Filing 11
PAPERLESS ORDER OF REFERRAL TO MAGISTRATE. 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 hereby referred to United States Magistrate Judge Lauren Fleischer Louis to issue a report and recommendation with respect to Plaintiff's Verified Motion for Attorneys' Fees and Sanctions and Incorporated Memorandum of Law #10 . The report and recommendation should also include any recommended sanctions for Defendant's failure to comply with the Court's March 30, 2021 Remand Order #8 , wherein the Court ordered Defendant's counsel to pay the $402.00 filing fee by April 6, 2021 and cautioned that "failure to do so will result in the imposition of appropriate sanctions against Defendant's counsel." #8 at 4. Signed by Chief Judge K. Michael Moore on 4/28/2021. (hwr)
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| Filing 10 Plaintiff's MOTION for Attorney Fees Plaintiff's Verified Motion for Attorneys' Fees and Sanctions and Incorporated Memorandum of Law by Black River Partners I, LLC. Responses due by 5/11/2021 (Attachments: #1 Exhibit A - 2021.03.18 Emails to confer, #2 Exhibit B - Invoices (redacted), #3 Exhibit C - 2021.04.22 Emails to confer)(Feldman, Michael) |
| Filing 9 Transmittal Letter Sent with Order Remanding Case to State Court to: 11th Judicial Circuit in and for Miami-Dade County, Florida. State Court Case Number: 19-024209-CA-01 (jas) |
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Filing 8
Order Remanding Case to State Court. Closing Case. Signed by Chief Judge K. Michael Moore on 3/30/2021. See attached document for full details. (hwr)
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| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE re 6 Order to Show Cause,,,,,, by Black River Partners I, LLC. (Attachments: #1 Exhibit Notice of Removal, #2 Exhibit Order of Remand, #3 Exhibit Order on Plaintiff's Mtn to Reschedule Foreclosure, #4 Exhibit Order on Mtn to Substitute Party Plainftiff, #5 Exhibit Docket of State Court Mortgage Foreclosure Case, #6 Exhibit Recorded Assignment Documents, #7 Exhibit Verified Complaint with Exhibits, #8 Exhibit Recorded Consent Final Judgment, #9 Exhibit Order Granting Ex Parte Mtn to Set Foreclosure Sale, #10 Exhibit Def.'s Emergency Mtn to Cancel Sale Date, #11 Exhibit Order Denying Emergency Mtn to Cancel Sale Date, #12 Exhibit Verified Complaint with Exhibits, #13 Exhibit Def.'s Answer and Affirmative Defenses, #14 Exhibit Recorded Summary Final Judgment, #15 Exhibit Roberto Paro's Bankruptcy Petition, #16 Exhibit Affidavit for Mtn for Remand-Ruiz, #17 Exhibit Roberto Paro's Notice of Voluntary Dismissal, #18 Exhibit Docket of Bankruptcy Case)(Feldman, Michael) |
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Filing 6
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte review of the record. On March 8, 2021, Defendant Conategi, LLC ("Defendant") filed a Notice of Removal, removing this action from state court to this Court. Thereafter, via CM/ECF, the Court notified the Filer that it had failed to: (1) pay the filing fee or move to proceed in district court without the prepayment of fees 3 ; (2) include state court records 4 ; and (3) include a civil cover sheet 5 . Under 28 U.S.C. 1446, a defendant removing an action to a federal district court must file "a notice a removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action." 1446(a). Further, the Clerk's Civil Filing Requirements, available at www.flsd.uscourts.gov, provides that a notice of removal shall include state court documents, a civil cover sheet, and payment of the Court's filing fee or an application to proceed without prepaying fees or costs. Clerk's Civil Filing Requirements 5H. As of the date of this Order, Defendant has failed to rectify those deficiencies. Indeed, no further filings have been made in this case. The Parties shall show cause on or before March 26, 2021 why this action should not be dismissed for failure to comply with the statutory requirements governing removal and the Clerk's Civil Filing Requirements. Signed by Chief Judge K. Michael Moore on 3/23/2021. (hwr)
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| Filing 5 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. (pcs) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. State Court Records not included. Filer is instructed to file a Notice (Other) with the State Court Records attached within 24 hours. (pcs) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Filing fees not paid / No IFP Motion filed. Filer is instructed to file an IFP Motion or a Notice of Compliance of Filing Fee, and electronically pay the correct fees of $402.00 within 24 hours of this notice. (pcs) |
| 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 Lauren F. Louis 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. (pcs) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $402.00. IFP Filed, filed by CONATEGI, LLC.(Marrero, Julio) No Answer/Motion to Dismiss filed. Modified on 3/8/2021 (pcs). |
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| Defendant: CONATEGI, LLC | |
| Represented By: | Julio Cesar Marrero |
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| Plaintiff: BLACK RIVER PARTNERS I, LLC | |
| Represented By: | Michael Ian Feldman |
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