Svistina v. Elbadramany et al
| Elena Svistina |
| Mark Fadel Elbadramany and TDR Towers Master Association, Inc. |
| 1:2022cv20525 |
| February 22, 2022 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia M Otazo-Reyes |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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Filing 33
PAPERLESS ORDER Setting Hearing on Motion ECF No. #15 Defendant Mark Elbadramany's MOTION to Dismiss Plaintif's Complaint, and Alternative Request to Conduct Limited Discovery for the Purpose of Ascertaining Subject Matter Jurisdiction With Incorporated Memorandum of Law : Motion Hearing set for 5/10/2022 at 09:00 AM in the Miami Division in Courtroom 10-2 at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128 before Judge Beth Bloom. Should the parties wish to appear remotely, they shall file a Motion requesting such no later than 5/6/2022. Signed by Judge Beth Bloom (gm00) Modified text/status per Chambers on 4/19/2022 (sk).
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Filing 32
PAPERLESS Minute Order for proceedings held before Judge Beth Bloom: denying ECF No. #10 Defendant TDR Towers Master Association, Inc.'s Motion to Dismiss for Failure to State a Claim for reasons stated on the record. Defendant TDR Towers Master Association, Inc. shall file an answer to the Complaint, ECF No. #1 , no later than May 9, 2022. Motion Hearing held on 4/19/2021 re ECF No. #10 Defendant TDR Towers Master Association, Inc.'s Motion to Dismiss for Failure to State a Claim. Total time in court: 1 hour. Attorney Appearance(s): Raymond Renato Dieppa, John P. Kristensen, Valerie Robinson Edwards, and Monique Garcia. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (gm00)
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Set/Reset Response/Answer Due Deadline Per Order DE#32: TDR Towers Master Association, Inc. response/answer due 5/9/2022. (drz)
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Filing 31
PAPERLESS ORDER. Following a communication by Defendant's counsel to chambers requesting to appear remotely for the Hearing on Defendant's Motion to Dismiss, ECF No. #10 , the Court advises the parties that they are permitted to appear remotely or appear in person. The link to join the Zoom video conference is: https://www.zoomgov.com/j/1600560393?pwd=UEJNUkxIZjRSdzd5SVRDV1phTjllQT09. Alternatively, the Meeting ID is: 160 056 0393, and the Passcode is: 141587. Signed by Judge Beth Bloom (gm00)
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Filing 30
Defendant's REPLY to Response to Motion re #15 Defendant's MOTION to Dismiss #1 Complaint, and Alternative Request to Conduct Limited Discovery for the Purpose of Ascertaining Subject Matter Jurisdiction With Incorporated Memorandum of Law filed by Mark Fadel Elbadramany. (Shohat, Edward)
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Filing 29
PAPERLESS ORDER granting ECF No. #27 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John P. Kristense; granting ECF No. #28 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Megan Gyongyos; granting ECF No. #26 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing Pejman Ben-Cohen. Signed by Judge Beth Bloom (gm00)
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Filing 28
Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Pejman Ben-Cohen. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #24 Motion to Appear Pro Hac Vice, by Elena Svistina. Responses due by 4/21/2022 (Dieppa, Raymond)
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Filing 27
Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Megan Gyongyos. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #23 Motion to Appear Pro Hac Vice, by Elena Svistina. Responses due by 4/21/2022 (Dieppa, Raymond)
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Filing 26
Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John P. Kristensen. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #22 Motion to Appear Pro Hac Vice, by Elena Svistina. Responses due by 4/21/2022 (Dieppa, Raymond)
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Filing 25
PAPERLESS ORDER denying without prejudice ECF No. #22 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John P. Kristensen; denying without prejudice ECF No. #23 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Megan Gyongyos; denying without prejudice ECF No. #24 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Pejman Ben-Cohen. See the Clerk's Notice of Noncompliance with LR 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys as follows: Local counsel did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures. Signed by Judge Beth Bloom (gm00)
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Attorney Pejman Ben-Cohen representing Svistina, Elena (Plaintiff); Attorney Megan Gyongyos representing Svistina, Elena (Plaintiff); Attorney John P. Kristensen representing Svistina, Elena (Plaintiff) Activated. (pt)
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Filing 24
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Pejman Ben-Cohen. Filing Fee $ 200.00 Receipt # AFLSDC-15538132 by Elena Svistina. Responses due by 4/20/2022 (Attachments: #1 Text of Proposed Order)(Dieppa, Raymond)
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Filing 23
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Megan Gyongyos. Filing Fee $ 200.00 Receipt # AFLSDC-15538131 by Elena Svistina. Responses due by 4/20/2022 (Attachments: #1 Text of Proposed Order)(Dieppa, Raymond)
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Filing 22
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John P. Kristensen. Filing Fee $ 200.00 Receipt # AFLSDC-15538130 by Elena Svistina. Responses due by 4/20/2022 (Attachments: #1 Text of Proposed Order)(Dieppa, Raymond)
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Filing 21
NOTICE of Attorney Appearance by Raymond Renato Dieppa on behalf of Elena Svistina (Dieppa, Raymond)
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Filing 20
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Amended Pleadings due by 6/6/2022., Discovery due by 1/10/2023., Expert Discovery due by 1/10/2023., Joinder of Parties due by 6/6/2022., Mediation Deadline 1/24/2023., In Limine Motions due by 2/1/2023., Dispositive Motions due by 2/1/2023., Motions due by 2/1/2023., Pretrial Stipulation due by 4/24/2023., Jury Trial set for 5/8/2023 in Miami Division before Judge Beth Bloom., Calendar Call set for 5/2/2023 01:45 PM in Miami Division before Judge Beth Bloom.). Signed by Judge Beth Bloom on 4/5/2022. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 19
RESPONSE in Opposition re #16 Defendant's MOTION to Adopt/Join #15 Defendant's MOTION to Dismiss #1 Complaint, and Alternative Request to Conduct Limited Discovery for the Purpose of Ascertaining Subject Matter Jurisdiction With Incorporated Memorandum of Law, #15 Defendant's MOTION to Dismiss #1 Complaint, and Alternative Request to Conduct Limited Discovery for the Purpose of Ascertaining Subject Matter Jurisdiction With Incorporated Memorandum of Law filed by Elena Svistina. Replies due by 4/12/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Dieppa, Raymond)
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Filing 18
Joint SCHEDULING REPORT - Rule 16.1 by TDR Towers Master Association, Inc. (Attachments: #1 Exhibit)(Edwards, Valerie)
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Filing 17
PAPERLESS ORDER granting #16 Motion to Adopt/Join Defendant's Motion to Dismiss, ECF No. #15 . Signed by Judge Beth Bloom (BB)
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Filing 16
Defendant's MOTION to Adopt/Join #15 Defendant's MOTION to Dismiss #1 Complaint, and Alternative Request to Conduct Limited Discovery for the Purpose of Ascertaining Subject Matter Jurisdiction With Incorporated Memorandum of Law by TDR Towers Master Association, Inc.. (Edwards, Valerie)
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Filing 15
Defendant's MOTION to Dismiss #1 Complaint, and Alternative Request to Conduct Limited Discovery for the Purpose of Ascertaining Subject Matter Jurisdiction With Incorporated Memorandum of Law by Mark Fadel Elbadramany. Responses due by 4/13/2022 (Attachments: #1 Appendix One, #2 Appendix Two, #3 Appendix Three, #4 Appendix Four, #5 Appendix Five, #6 Appendix Six, #7 Appendix Seven, #8 Appendix Eight)(Shohat, Edward)
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Filing 14
Defendant's REPLY to Response to Motion re #10 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by TDR Towers Master Association, Inc.. (Edwards, Valerie)
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Filing 13
ORDER Setting Hearing on Motion #10 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 4/19/2022 09:00 AM in Miami Division before Judge Beth Bloom. Signed by Judge Beth Bloom on 3/22/2022. See attached document for full details. (drz)
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Filing 12
Plaintiff's Certificate of Other Affiliates by Elena Svistina identifying Other Affiliate Jones Walker, LLP, Other Affiliate Miami-Dade State Attorneys Office, Other Affiliate Florida Legal, LLC, Other Affiliate Raymond Dieppa, Other Affiliate TDR Towers Master Association, Inc., Other Affiliate Raymond Dieppa, PA, Other Affiliate Mark Fadel Elbadramany, Other Affiliate David S. Weinstein, Other Affiliate Valerie R. Edwards, Other Affiliate Luks Santaniello, Other Affiliate Sunny Isles Beach, Police Dept., Other Affiliate Nicole McCarthy for Elena Svistina (Dieppa, Raymond)
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Filing 11
RESPONSE in Opposition re #10 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Elena Svistina. Replies due by 3/28/2022. (Dieppa, Raymond)
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Filing 10
Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by TDR Towers Master Association, Inc.. Attorney Valerie Robinson Edwards added to party TDR Towers Master Association, Inc.(pty:dft). Responses due by 4/1/2022 (Attachments: #1 Exhibit)(Edwards, Valerie)
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Filing 9
PAPERLESS ORDER granting #8 Motion for Extension of Time to File Response to the Complaint by March 30, 2022. Signed by Judge Beth Bloom (BB)
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Filing 8
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Mark Fadel Elbadramany. (Attachments: #1 Text of Proposed Order)(Shohat, Edward)
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Filing 7
NOTICE of Attorney Appearance by Edward Robert Shohat on behalf of Mark Fadel Elbadramany. Attorney Edward Robert Shohat added to party Mark Fadel Elbadramany(pty:dft). (Shohat, Edward)
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Filing 6
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Elena Svistina. TDR Towers Master Association, Inc. served on 2/25/2022, response/answer due 3/18/2022. (Dieppa, Raymond)
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Filing 5
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Elena Svistina. Mark Fadel Elbadramany served on 2/23/2022, response/answer due 3/16/2022. (Dieppa, Raymond)
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Filing 4
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Beth Bloom on 2/22/2022. See attached document for full details. (drz)
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Filing 3
Summons Issued as to Mark Fadel Elbadramany, TDR Towers Master Association, Inc.. (cds)
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Filing 2
Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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)
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15417451, filed by Elena Svistina. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Mark Fadel Elbadramany, #3 Summon(s) TDR Towers Master Association, Inc.)(Dieppa, Raymond)
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