Puck et al v. Silverman et al
| Wolfgang Puck and Barbara Lazaroff |
| Sydney Silverman, Mariam Silverman, W.P. Appliances, Inc. and W.P. Productions, Inc. |
| 1:2022cv24078 |
| December 15, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 22
RESPONSE in Opposition re #9 Plaintiff's MOTION for Preliminary Injunction , Limited Asset Freeze and Appointment of a Receiver filed by Mariam Silverman. Attorney Gina Marie Cadogan added to party Mariam Silverman(pty:dft). Replies due by 2/16/2023. (Attachments: #1 Exhibit Ex. A-Valley National Bank Answer to Writ, #2 Exhibit Ex. B-Depo. Mariam Silverman, #3 Exhibit Ex. C-Order to Dissolve Writ and Stipulation)(Cadogan, Gina)
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Filing 21
RESPONSE to Motion re #9 Plaintiff's MOTION for Preliminary Injunction , Limited Asset Freeze and Appointment of a Receiver Defendant Sydney Silverman's Memorandum of Law In Response to Motion For Preliminary Injunction, Limited Asset Freeze, and Appointment of a Receiver and Cross Motion for Colorado River Abstention filed by Sydney Silverman. Replies due by 2/16/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Johnson, Christopher)
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Filing 20
PAPERLESS ORDER granting Defendant Sydney Silverman's #19 Motion for Enlargement of Time to Respond to Judgment Creditors' Motion for Preliminary Injunction, Limited Asset Freeze, and Appointment of a Receiver. Defendant shall file his response on or before February 9, 2023. Signed by Magistrate Judge Lauren Fleischer Louis on 1/31/2023. (as06)
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Filing 19
Defendant's MOTION for Extension of Time to Respond to Judgment Creditors' Motion for Preliminary Injunction, Limited Asset Freeze, and Appointment of a Receiver by Sydney Silverman. Attorney Christopher N. Johnson added to party Sydney Silverman(pty:dft). Responses due by 2/14/2023 (Johnson, Christopher)
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Reset Deadline as to #9 Plaintiff's MOTION for Preliminary Injunction , Limited Asset Freeze and Appointment of a Receiver. Responses due by 2/9/2023. PER DE#20 (cds)
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Filing 18
CERTIFICATE OF SERVICE by Barbara Lazaroff, Wolfgang Puck re #15 Order Setting Hearing on Motion, (Lopez, Jared)
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Filing 17
CERTIFICATE OF SERVICE by Barbara Lazaroff, Wolfgang Puck re #9 Plaintiff's MOTION for Preliminary Injunction , Limited Asset Freeze and Appointment of a Receiver (Lopez, Jared)
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Filing 16
NOTICE of Striking #13 Certificate of Service filed by Barbara Lazaroff, Wolfgang Puck by Barbara Lazaroff, Wolfgang Puck (Lopez, Jared)
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Filing 15
ORDER SETTING EVIDENTIARY HEARING on Plaintiffs' #9 Motion for Preliminary Injunction. Evidentiary and Preliminary Injunction Hearing set for Thursday, March 2, 2023, at 10:00 A.M. at the United States Courthouse, C. Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida 33128. Signed by Magistrate Judge Lauren Fleischer Louis on 1/18/2023. See attached document for full details. (as06)
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Filing 14
Clerk's Notice to Filer re #13 Certificate of Service. Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (cds)
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Filing 13
(STRICKEN PER DE#16 ) CERTIFICATE OF SERVICE by Barbara Lazaroff, Wolfgang Puck re #9 Plaintiff's MOTION for Preliminary Injunction , Limited Asset Freeze and Appointment of a Receiver (Lopez, Jared) Modified Text on 1/18/2023 (cds).
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Filing 12
WAIVER OF SERVICE Returned Executed by Wolfgang Puck, Barbara Lazaroff. Mariam Silverman waiver sent on 12/16/2022, response/answer due 2/14/2023. (Lopez, Jared)
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Filing 11
WAIVER OF SERVICE Returned Executed by Wolfgang Puck, Barbara Lazaroff. Sydney Silverman waiver sent on 12/16/2022, response/answer due 2/14/2023; W.P. Appliances, Inc. waiver sent on 12/16/2022, response/answer due 2/14/2023; W.P. Productions, Inc. waiver sent on 12/16/2022, response/answer due 2/14/2023. (Lopez, Jared)
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Filing 10
PAPERLESS ORDER REFERRING MOTIONS. 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 take all necessary and proper action as required by law and/or issue a Report and Recommendation regarding Plaintiffs' Motion for Preliminary Injunction, Limited Asset Freeze, and Appointment of a Receiver #9 . Signed by Judge K. Michael Moore on 12/28/2022. (fpi)
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Filing 9
Plaintiff's MOTION for Preliminary Injunction , Limited Asset Freeze and Appointment of a Receiver by Barbara Lazaroff, Wolfgang Puck. Attorney Jared M. Lopez added to party Barbara Lazaroff(pty:pla). (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Lopez, Jared)
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Filing 8
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge 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 Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 12/19/2022. (fpi)
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Filing 7
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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). 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 (3) 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 12/19/2022. (fpi)
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Filing 6
Notice of Entry of Parties Listed on #1 Complaint into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Barbara Lazaroff. (Lopez, Jared)
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Filing 5
Bar Letter re: Admissions sent to attorney Jeanelle Gomez, mailing date December 16, 2022, (pt)
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Filing 4
Clerk's Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (nwn)
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Filing 3
Clerk's Notice to Filer re: Electronic Case. Venue on the Civil Cover Sheet does not match the initiating document. The Clerks Office confirmed Miami-Dade (Office - Miami) as the county with the filer. It is not necessary to re-file this document. (nwn)
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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. (nwn)
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16176812, filed by Wolfgang Puck. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Lopez, Jared)
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