Gatoff et al v. Horsman
| Josh Gatoff, Allen Gavartin, Scott Lieberman, Andrew May, Scott Silverman, DV Group, LLC and Lorber Alpha II, LP |
| Patrick Horsman |
| 1:2022cv21310 |
| April 27, 2022 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Kathleen M Williams |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity |
| None |
Docket Report
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This docket was last retrieved on September 12, 2022. A more recent docket listing may be available from PACER.
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Filing 14
PAPERLESS ORDER DISMISSING AND CLOSING CASE. THIS MATTER is before the Court on a sua sponte review of the record. On April 29, 2022, this Court entered an Order #4 stating that "WITHIN TWENTY (20) DAYS from the date that the last defendant responds to the complaint, the Parties shall file a joint conference report and a joint proposed scheduling order, as required by S.D. Fla. Local Rule 16.1(b)." (Emphasis original.) The Order also states "[n]on-compliance with any provision of this Order, the Federal Rules of Civil Procedure, the Local Rules, or this Court's Practices and Procedures may subject the offending party to sanctions, including dismissal of this case. It is the duty of all counsel to take all actions necessary to comply with this Order." (Emphasis original.) See Watts v. Club Madonna, Inc., et al., 784 F. Appx 684 (11th Cir. 2019).Defendant filed the Motion to Dismiss on August 11, 2022 and therefore the Parties' joint conference report was due on or before August 31, 2022. To date, the Parties have not filed a joint conference report or a joint proposed scheduling order and have not filed a motion for an extension of time to do so. Accordingly, upon a review of the record, it is ORDERED that this case is DISMISSED WITHOUT PREJUDICE. All pending motions are DENIED AS MOOT. All deadlines and hearings are CANCELED. This case is CLOSED. Signed by Judge Kathleen M. Williams on 9/12/2022. (nlf)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by DV Group, LLC, Josh Gatoff, Allen Gavartin, Scott Lieberman, Lorber Alpha II, LP, Andrew May, Scott Silverman. (Attachments: #1 Text of Proposed Order)(Silver, Scott) |
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Filing 12
PAPERLESS ORDER. THIS MATTER is before the Court on Defendant's Unopposed Motion #10 for Extension of Time, which seeks both a one (1)-day extension of time for Defendant and a fifteen (15) day extension of time for Plaintiffs. The Motion was filed the day after Defendant's responsive pleading to Plaintiffs' Complaint was due pursuant to Court order. As such--and as noted by Defendant in the Motion--the motion failed to comply with this Court's practices and procedures, which state that: Absent an emergency, requests for extensions of time must be presented to the Court, by motion, no later than 48 hours prior to the deadline from which the Parties are seeking relief. Sanctions may be imposed for non-emergent requests made less than 48 hours prior to the deadline. Nevertheless, upon review of the Motion, which is unopposed, and the record, and finding the delay minor and attributable to excusable neglect, it is ORDERED AND ADJUDGED that the Motion #10 is GRANTED. Defendant's Motion to Dismiss #8 is deemed timely filed, and Plaintiffs' response to the Motion to Dismiss #8 is due on or before September 9, 2022, to which Defendant's reply is due on or before September 16, 2022. Going forward, all motions and filings by the Parties must comply fully with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, and the Practices and Procedures of this Court. Signed by Judge Kathleen M. Williams on 8/12/2022. (nlf)
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| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re 9 Order,,,, Order to Show Cause,,, by Patrick Horsman. (Chase, Kenneth) |
| Filing 10 Unopposed MOTION for Extension of Time Unopposed Motion for One-Day Enlargement of Time to File Motion to Dismiss and for Leave to File Untimely Motion to Dismiss re #8 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Patrick Horsman. Responses due by 8/25/2022 (Chase, Kenneth) |
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Filing 9
PAPERLESS ORDER TO SHOW CAUSE. THIS MATTER is before the Court sua sponte upon review of the record. On July 8, 2022, Defendant filed an Unopposed Motion for Extension of time to Respond to the Complaint (DE #6 ), which the Court granted for good cause shown on July 12, 2022 (DE 7). Pursuant to Court order, Defendant's response to the Complaint was due "no later than August 10, 2022." However, Defendant did not file a responsive pleading until August 11, 2022, and neither requested an additional extension nor proffered cause for the late filing. Accordingly, it is ORDERED AND ADJUDGED that Defendant shall SHOW CAUSE on or before August 12, 2022 at noon why sanctions should not be imposed for failure to comply with a Court order, including the striking of Defendant's late-filed Motion #8 to Dismiss. Signed by Judge Kathleen M. Williams on 8/11/2022. (nlf)
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| Filing 8 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Patrick Horsman. Responses due by 8/25/2022 (Attachments: #1 Affidavit Declaration of Patrick Horsman in Support of Motion to Dismiss)(Chase, Kenneth) |
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Filing 7
PAPERLESS ORDER. Defendant, Patrick Horsman, filed an #6 Unopposed Motion for Extension of Time to Respond to the Complaint. For good cause shown, the Court hereby GRANTS Defendant's Motion. Defendant shall file his response to the Complaint no later than August 10, 2022. Signed by Magistrate Judge Chris M. McAliley on 7/12/2022. (rr00)
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| Set/Reset Deadlines/Hearings per DE 7 Order. Patrick Horsman response/answer due 8/10/2022. (amb) |
| Filing 6 Unopposed MOTION for Extension of Time to Respond to the Complaint re #1 Complaint, #5 Waiver of Service Executed by Patrick Horsman. Attorney Kenneth Chase added to party Patrick Horsman(pty:dft). Responses due by 7/22/2022 (Chase, Kenneth) |
| Filing 5 WAIVER OF SERVICE Returned Executed by DV Group, LLC, Scott Lieberman, Lorber Alpha II, LP, Allen Gavartin, Josh Gatoff, Andrew May, Scott Silverman. All Defendants. (Silver, Scott) |
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Filing 4
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES. Signed by Judge Kathleen M. Williams on 4/29/2022. See attached document for full details. (drz)
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| Filing 3 Summons Issued as to Patrick Horsman. (bb) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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. (bb) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15593427, filed by DV Group, LLC, Scott Lieberman, Lorber Alpha II, LP, Allen Gavartin, Josh Gatoff, Andrew May, Scott Silverman. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Silver, Scott) |
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