Rattner v. 1809 Brickell, LP. et al
| Sherman Rattner |
| 1809 Brickell, LP., U.S. Department of Health and Human Services, Ehdoc Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp., Intergra Investments LLC., Miami-Dade County, City of Miami, 1809 Brickell Venture, LLC., PRH Related Holdings, LLC and U.S. Department of Housing and Urban Development |
| 1:2021cv23426 |
| September 24, 2021 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Real Property: Other |
| 28 U.S.C. § 1346 |
| Plaintiff |
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Filing 51
PAPERLESS ORDER. THIS CAUSE came before the Court upon pro se Plaintiff Sherman Rattner's Motion for Extension of Time to Respond to Defendants' Motions to Dismiss #46 . Plaintiff filed his Motion for Extension of Time #42 on November 4, 2021 after first attempting to submit the Motion directly to the Court by email. See 39 . After Plaintiff filed his Motion conventionally on the docket, #42 , the Clerk of Court notified Plaintiff that it contained a filing deficiency. See #45 . Now, Plaintiff has cured the filing deficiency and refiled his Motion for Extension of Time on the docket. #46 . Therein, Plaintiff requests a 60-day extension of time, up to and including December 27, 2021, to respond to Defendants' motions to dismiss so that Plaintiff may submit a single response to the motions after the United States Department of Housing and Urban Development ("HUD") responds to the Amended Complaint. #46 at 1-2. Defendants Miami-Dade County, 1809 Brickell LP, EHDOC Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp., and Integra Investments, LLC oppose a 60-day extension of time, but do not oppose a 30-day extension of time. Id. at 9. Plaintiff states that he was unable to confer with PRH Related Holdings, LLC and 1809 Brickell Venture, LLC because "he only just learned of their response and representation." Id. And, according to Plaintiff, Defendant City of Miami did not respond to Plaintiff's request for an extension of time. Id. at 10. As a starting matter, the Court declines to consider the instant Motion to the extent Plaintiff argues that Defendants are unlikely to prevail on their motions, see #46 at 5-8, as such arguments are not properly before the Court on a motion for extension of time. In addition, at this time, the Court declines to consider the Use Agreement Plaintiff has attached to the instant Motion as Exhibit A (ECF No. 46-1) in connection with Plaintiff's arguments that Defendants are unlikely to prevail on their motions, as the Use Agreement is not properly before the Court on a motion for extension of time. As to Plaintiff's request for an extension of time, Plaintiff informs the Court that Defendants' motions to dismiss were filed on October 21, 2021, October 22, 2021, October 29, 2021, and November 1, 2021. #46 at 4. Thus, the deadline for Plaintiff to respond to Defendants' motions to dismiss is nonuniform. Plaintiff claims that the "basic facts and many of the arguments are common to all of the Defendants" and that "[a] single response by the Plaintiff to all Defendants is likely to conserve the Court's time and resources." Id. at 2. Further, Plaintiff contends that HUD's response to the Amended Complaint "may effect [sic] how Plaintiff responds to each of the Motions to Dismiss." Id. at 5. Thus, Plaintiff requests an extension of time, up to and including December 27, 2021, to respond to the motions, which would allow Plaintiff to include his response to HUD's response to the Amended Complaint, if and when HUD appears and responds. Id. at 5. Based on the foregoing, the Court finds good cause to grant Plaintiff's request to file a single response to Defendants' motions to dismiss on or before December 27, 2021. See Fed. R. Civ. P. 6(b)(1). However, the Court notes that, while Plaintiff's Motion was pending, Plaintiff filed his 61-page Opposition to Defendants' Motions to Dismiss and Incorporated Memorandum of Law. #48 . Local Rule 7.1(c)(2) of the Local Rules of the Southern District of Florida provides that "[a]bsent prior permission of the Court, neither a motion and its incorporated memorandum of law nor the opposing memorandum of law shall exceed twenty (20) pages." S.D. Fla. L.R. 7.1(c)(2) (emphasis added). While Plaintiff requested a 60-day extension of time to file his response to the motions to dismiss, he did not request permission for that response to be 61 pages. Accordingly, the Court finds that Plaintiff's Opposition to Defendants' Motion to Dismiss and Incorporated Memorandum of Law #48 violates the Local Rules of the Southern District of Florida. Further, the Court notes that Plaintiff asserts he did not become aware of the Motion to Dismiss filed on October 29, 2021 because he is "not part of the CM/ECF system and did not receive any direct email or mail notice." #46 at 4. The Court reminds Plaintiff that it informed him on September 24, 2021 that "[p]ro 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 [the Court's] website." (ECF No. 2). 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 pro se Plaintiff Sherman Rattner's Motion for Extension of Time to Respond to Defendants' Motions to Dismiss #46 is GRANTED. Plaintiff shall file a single response to Defendants' motions to dismiss on or before December 27, 2021. In addition, because Plaintiff's Response #48 violates the Local Rules and Plaintiff did not seek permission to exceed the page limit, Plaintiff's Response #48 is hereby STRICKEN. The Clerk of Court is INSTRUCTED to STRIKE Plaintiff's Opposition to Defendants' Motion to Dismiss and Incorporated Memorandum of Law #48 from the docket. Plaintiff may request permission from the Court to exceed the page limit set forth in the Local Rules of the Southern District of Florida prior to filing his consolidated response. Further, Plaintiff's Motion for Extension of Time #46 moots Plaintiff's earlier Motion for Extension of Time #42 . Accordingly, Plaintiff's Motion for Extension of Time #42 is hereby DENIED AS MOOT. Signed by Judge K. Michael Moore on 11/17/2021. (elm)
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| Filing 50 SUPPLEMENTAL EXHIBITS to #48 Opposition by Sherman Rattner. (scn) |
| Filing 49 NOTICE OF CONVENTIONAL FILING of #48 Opposition (Other) by Sherman Rattner. (scn) |
| Filing 48 "STRICKEN" Opposition to #40 Defendant's MOTION TO DISMISS #1 Complaint, #8 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Sherman Rattner. (scn) Modified on 11/18/2021 (ls). (per DE #51) |
| Filing 47 NOTICE OF CONVENTIONAL FILING of #46 MOTION for Extension of Time to File Response as to #40 Defendant's MOTION TO DISMISS #1 Complaint, #8 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Sherman Rattner. (scn) |
| Filing 46 MOTION for Extension of Time to File Response as to #40 Defendant's MOTION TO DISMISS #1 Complaint, #8 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Sherman Rattner. (Attachments: #1 Exhibit A, #2 Proposed Order)(scn) |
| Filing 45 Clerk's Notice of Filing Deficiency Re: #42 MOTION for Extension of Time to File Response/Reply/Answer as to #40 Defendant's MOTION TO DISMISS #1 Complaint, #8 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Sherman Rattner. Document missing required signature (Fed.R.Civ.P. 11(a)). (scn) |
| Filing 44 NOTICE of Filing of Proposed Order by Sherman Rattner re #42 MOTION for Extension of Time to File Response/Reply/Answer as to #40 Defendant's MOTION TO DISMISS #1 Complaint, #8 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM. (Attachments: #1 Proposed Order re DE#42) (scn) |
| Filing 43 NOTICE OF CONVENTIONAL FILING of #42 MOTION for Extension of Time to File Response as to #40 Defendant's MOTION TO DISMISS #1 Complaint, #8 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Sherman Rattner. (scn) |
| Filing 42 MOTION for Extension of Time to File Response to #40 Defendant's MOTION TO DISMISS #1 Complaint, #8 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Sherman Rattner. (scn) |
| Filing 41 SUMMONS (Affidavit) Returned Executed on #8 Amended Complaint/Amended Notice of Removal, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 City of Miami served on 9/29/2021, response/answer due 10/13/2021. (Attachments: #1 Return of Service)(scn) |
| Filing 40 Defendant's MOTION TO DISMISS #1 Complaint, #8 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by City of Miami. Responses due by 11/15/2021 (Harrison, Douglas) |
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Filing 39
PAPERLESS ORDER. THIS CAUSE came before the Court upon an email from pro se Plaintiff Sherman Rattner, dated October 31, 2021. Therein, Plaintiff has attempted to file his Motion for Extension of Time to Respond to Defendants' Motions to Dismiss by emailing his proposed motion directly to Chambers. Pursuant to Section 2C of the CM/ECF Administrative Procedures of the Southern District of Florida, "[p]ro se litigants will not be permitted to register as Users at this time and must file their documents in the conventional manner." CM/ECF Admin. Pro. S.D. Fla. 2C (emphasis added). Accordingly, Plaintiff is INSTRUCTED to conventionally file his proposed motion with the Clerk of Court consistent with both the Local Rules and the CM/ECF Administrative Procedures of the Southern District of Florida. The Court will not consider any request for relief that is not properly filed on the docket, including the emailed proposed motion in this matter. Signed by Judge K. Michael Moore on 11/1/2021. (elm)
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| Filing 38 SUMMONS (Affidavit) Returned Executed on #8 Amended Complaint/Amended Notice of Removal, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 Intergra Investments LLC. served on 10/4/2021, response/answer due 10/18/2021. (scn) |
| Filing 37 SUMMONS (Affidavit) Returned Executed U.S. Department of Housing and Urban Development (Asst AUSA Office FLSD) served on 10/14/2021, response/answer due 12/13/2021. (scn) |
| Filing 36 SUMMONS (Affidavit) Returned Executed U.S. Department of Housing and Urban Development served on 10/4/2021, response/answer due 12/3/2021. (scn) |
| Filing 35 SUMMONS (Affidavit) Returned Executed on #8 Amended Complaint/Amended Notice of Removal, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 PRH Related Holdings, LLC served on 10/8/2021, response/answer due 10/22/2021. (scn) |
| Filing 34 SUMMONS (Affidavit) Returned Executed on #8 Amended Complaint/Amended Notice of Removal, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 Miami-Dade County served on 9/29/2021, response/answer due 10/13/2021. (scn) |
| Filing 33 SUMMONS (Affidavit) Returned Executed on #8 Amended Complaint/Amended Notice of Removal, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 Ehdoc Stanley Axlrod Tower Charitable Corp. served on 9/30/2021, response/answer due 10/14/2021. (scn) |
| Filing 32 SUMMONS (Affidavit) Returned Executed on #8 Amended Complaint/Amended Notice of Removal, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 1809 Brickell Venture, LLC. served on 10/8/2021, response/answer due 10/22/2021. (scn) |
| Filing 31 SUMMONS (Affidavit) Returned Executed on #8 Amended Complaint/Amended Notice of Removal, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 Elderly Housing Development & Operations Corp. served on 9/30/2021, response/answer due 10/14/2021. (scn) |
| Filing 30 SUMMONS (Affidavit) Returned Executed on #8 Amended Complaint/Amended Notice of Removal, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 1809 Brickell, LP. served on 9/30/2021, response/answer due 10/14/2021. (scn) |
| Filing 29 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by PRH Related Holdings, LLC identifying Corporate Parent Perez Ross Holdings, LLC for PRH Related Holdings, LLC (Raffanello, Susan) |
| Filing 28 Defendant's Corporate Disclosure Statement by 1809 Brickell Venture, LLC. (Raffanello, Susan) |
| Filing 27 Defendant's MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by 1809 Brickell Venture, LLC., PRH Related Holdings, LLC. Attorney Susan Elizabeth Raffanello added to party 1809 Brickell Venture, LLC.(pty:dft), Attorney Susan Elizabeth Raffanello added to party PRH Related Holdings, LLC(pty:dft). Responses due by 11/12/2021 (Raffanello, Susan) |
| Filing 26 Defendant's Corporate Disclosure Statement by 1809 Brickell, LP., Ehdoc Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp., Intergra Investments LLC. (Ziarno, Alycia) |
| Filing 25 MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Miami-Dade County. Responses due by 11/5/2021 (Attachments: #1 Exhibit Exhibit A)(Gallo, Melissa) |
| Filing 24 Defendant's MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by 1809 Brickell, LP., Ehdoc Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp., Intergra Investments LLC.. Attorney Alycia A Ziarno added to party Intergra Investments LLC.(pty:dft). Responses due by 11/4/2021 (Attachments: #1 Exhibit A - 8-22-2019 HUD Transfer Approval, #2 Exhibit B - 8-29-2019 Use Agreement, #3 Exhibit C - Compilation of Unpublished Decisions)(Ziarno, Alycia) |
| Filing 23 NOTICE of Attorney Appearance by Dana Ann Clayton on behalf of 1809 Brickell, LP., Ehdoc Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp.. Attorney Dana Ann Clayton added to party 1809 Brickell, LP.(pty:dft), Attorney Dana Ann Clayton added to party Ehdoc Stanley Axlrod Tower Charitable Corp.(pty:dft), Attorney Dana Ann Clayton added to party Elderly Housing Development & Operations Corp.(pty:dft). (Clayton, Dana) |
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Filing 22
OMNIBUS PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants 1809 Brickell, LP, Elderly Housing Development & Operations Corp., and EHDOC Stanley Axlrod Tower Charitable Corp.'s (the "Brickell Defendants") #13 Motion for Extension of Time to Respond to Amended Complaint, and upon Defendant Miami-Dade County's (the "County") #17 Unopposed Motion for Extension of Time to Respond to Amended Complaint. The Brickell Defendants request a 30-day extension of time, up to and including November 22, 2021, to respond to pro se Plaintiff Sherman Rattner's Amended Complaint. See #13 at 1. The Brickell Defendants inform the Court that (1) their response to the Amended Complaint is due on or before October 21, 2021, (2) their counsel was recently retained, (3) Plaintiff's claims involve the "interpretation, implementation, and/or intersection of numerous federal statutes and regulations pertaining to the national affordable housing programs," requiring "thorough review and analysis," (4) an extension would not materially prejudice any party, as several of the defendants will have differing response dates, and (5) this is the Brickell Defendants' first request for an extension. Id. at 12. In addition, the Brickell Defendants inform the Court that they were "unable to obtain Plaintiff's agreement to the requested extension of time." Id. at 2. The County requests a 30-day extension of time, up to and including November 19, 2021, to respond to the Amended Complaint. See #17 at 2. The County informs the Court that (1) its response to the Amended Complaint is due on or before October 20, 2021, (2) this is the County's first request for an extension of time to respond, (3) the County seeks to "sufficiently investigate Plaintiff's claims before filing an appropriate response," and (4) an extension would not materially prejudice any party, as several of the defendants will have differing response dates. Id. at 12. In addition, the County informs the Court that Plaintiff does not oppose its request for an extension of time. Id. at 2. Here, Plaintiff has not filed a Notice of Return of Service in this matter as to any of the Brickell Defendants or as to the County, and the Court is, therefore, unable to determine what the deadlines are for the Brickell Defendants and the County to respond to the Amended Complaint in the first place. Fed. R. Civ. P. 12(a)(1)(A)(i) (providing that a defendant must respond to a complaint within 21 days after being served with the summons and complaint); Fed. R. Civ. P. 4(l)(1) ("Unless service is waived, proof of service must be made to the court. Except for service by a United States marshal or deputy marshal, proof must be by the server's affidavit."). The Court cannot extend a deadline which does not exist. 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 Motions #13 and #17 are DENIED WITHOUT PREJUDICE. Signed by Judge K. Michael Moore on 10/20/2021. (elm)
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| Filing 21 NOTICE of Change of Address, Email or Law Firm Name by Melissa Maria Gallo (Gallo, Melissa) |
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants 1809 Brickell, LP, Elderly Housing Development & Operations Corp., and EHDOC Stanley Axlrod Tower Charitable Corp.'s (the "Brickell Defendants") #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Matthew Forzano, Esq. 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 #15 is GRANTED. Matthew Forzano may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to mforzano@nixonpeabody.com. Signed by Judge K. Michael Moore on 10/20/2021. (elm)
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants 1809 Brickell, LP, Elderly Housing Development & Operations Corp., and EHDOC Stanley Axlrod Tower Charitable Corp.'s (the "Brickell Defendants") #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Stephen M. LaRose, Esq. 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 #14 is GRANTED. Stephen M. LaRose may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to slarose@nixonpeabody.com. Signed by Judge K. Michael Moore on 10/20/2021. (elm)
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| Filing 18 NOTICE of Attorney Appearance by Douglas Andrew Harrison on behalf of City of Miami. Attorney Douglas Andrew Harrison added to party City of Miami(pty:dft). (Harrison, Douglas) |
| Filing 17 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #8 Amended Complaint/Amended Notice of Removal, by Miami-Dade County. (Neuman, Brenda) |
| Filing 16 NOTICE of Attorney Appearance by Brenda Kuhns Neuman and Melissa Gallo on behalf of Miami-Dade County. Attorney Brenda Kuhns Neuman added to party Miami-Dade County(pty:dft). (Neuman, Brenda) Text Modified on 10/20/2021 (scn). |
| Filing 15 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew Forzano. Filing Fee $ 200.00 Receipt # AFLSDC-15101500 by 1809 Brickell, LP., Ehdoc Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp.. Responses due by 11/2/2021 (Attachments: #1 Certification of Matthew Forzano, #2 Text of Proposed Order)(Ziarno, Alycia) |
| Filing 14 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephen M. LaRose. Filing Fee $ 200.00 Receipt # AFLSDC-15101499 by 1809 Brickell, LP., Ehdoc Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp.. Responses due by 11/2/2021 (Attachments: #1 Certification of Stephen M. LaRose, #2 Text of Proposed Order)(Ziarno, Alycia) |
| Filing 13 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #8 Amended Complaint/Amended Notice of Removal, by 1809 Brickell, LP., Ehdoc Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp.. (Attachments: #1 Text of Proposed Order)(Ziarno, Alycia) |
| Filing 12 Defendant's Corporate Disclosure Statement by 1809 Brickell, LP., Ehdoc Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp. (Ziarno, Alycia) |
| Filing 11 NOTICE of Attorney Appearance by Alycia A Ziarno on behalf of 1809 Brickell, LP., Ehdoc Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp.. Attorney Alycia A Ziarno added to party 1809 Brickell, LP.(pty:dft), Attorney Alycia A Ziarno added to party Ehdoc Stanley Axlrod Tower Charitable Corp.(pty:dft), Attorney Alycia A Ziarno added to party Elderly Housing Development & Operations Corp.(pty:dft). (Ziarno, Alycia) |
| Filing 10 Summons Issued as to Sherman Rattner and U.S. Attorney. (scn) |
| Filing 9 Summons Issued as to 1809 Brickell Venture, LLC., 1809 Brickell, LP., City of Miami, Ehdoc Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp., Intergra Investments LLC., Miami-Dade County, PRH Related Holdings, LLC. (scn) |
| Filing 8 AMENDED COMPLAINT against 1809 Brickell Venture, LLC., 1809 Brickell, LP., City of Miami, Ehdoc Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp., Intergra Investments LLC., Miami-Dade County, PRH Related Holdings, LLC, U.S. Department of Housing and Urban Development, filed by Sherman Rattner.(scn) |
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Filing 7
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. 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 Lauren F. Louis 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 Louis's discovery procedures. Signed by Judge K. Michael Moore on 9/25/2021. (hwr)
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Filing 6
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. 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 no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. 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 possibilities for 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. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's 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 Judge K. Michael Moore on 9/25/2021. (hwr)
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| Filing 5 Clerks Notice of Receipt of Filing Fee received on 9/24/2021 in the amount of $ 402.00, receipt number FLS100237254. (vt) |
| Filing 4 Summons Issued as to U.S. Department of Health and Human Services.(jao) |
| Filing 3 Summons Issued as to 1809 Brickell Venture, LLC., 1809 Brickell, LP., City of Miami, Ehdoc Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp., Intergra Investments LLC., Miami-Dade County, PRH Related Holdings, LLC. (jao) |
| Filing 2 Clerks Notice of Judge Assignment to 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. (jao) |
| Filing 1 COMPLAINT against 1809 Brickell Venture, LLC., 1809 Brickell, LP., City of Miami, Ehdoc Stanley Axlrod Tower Charitable Corp., Elderly Housing Development & Operations Corp., Intergra Investments LLC., Miami-Dade County, PRH Related Holdings, LLC, U.S. Department of Health and Human Services. Filing fees $ 402.00 (PAID), filed by Sherman Rattner. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(jao) Modified on 9/24/2021 (jao). |
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