Radzinskaia v. NH Mountain, LP et al
| ANNA RADZINSKAIA |
| NH MOUNTAIN, LP, NEW HAMPSHIRE RAGGED MOUNTAIN RESORT INVESTMENT, LP, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC and DOUGLAS ANDERSON |
| 1:2023cv21967 |
| May 26, 2023 |
| U.S. District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia M Otazo-Reyes |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1441 Petition for Removal- Racketeering (RICO) |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 50
Order On Motion To Dismiss.The Motion to Dismiss the Amended Complaint, ECF No. #30 , is GRANTED IN PART AND DENIED IN PART. Count IV of the Amended Complaint, ECF No. #22 , is dismissed with prejudice as to all Defendants. All remaining Counts of the Amended Complaint are dismissed without prejudice.Defendant's Motion to Transfer to the District of New Hampshire, ECF No. #25 , is DENIED AS MOOT. Closing Case. Signed by Judge Beth Bloom on 9/29/2023. See attached document for full details. (rbe)
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| Filing 49 Amended REPLY to #30 MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal (Corrected Reply Memorandum of Law in Further Support of Motion to Dismiss.) by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. (Madrigal, Melissa) |
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Filing 48
PAPERLESS ORDER granting #47 Motion for Extension of Time. Corrected reply memorandum and supporting papers in further support of Defendants' Motion to Dismiss the Amended Complaint due by 8/28/2023. Signed by Judge Beth Bloom (jg01)
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| Filing 47 Unopposed MOTION for Extension of Time to File Corrected Reply Memorandum In Further Support of Motion to Dismiss. re #30 MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. Responses due by 9/8/2023 (Madrigal, Melissa) |
| Filing 46 REPLY to #25 MOTION to Change Venue (Transfer to the District of New Hampshire) by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. (Madrigal, Melissa) |
| Filing 45 AFFIDAVIT in Support re #30 MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal filed by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. (Attachments: #1 Exhibit Ex D - Ragged Mountain PPM)(Madrigal, Melissa) |
| Filing 44 REPLY to #30 MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal (Reply Memorandum of Law in Further Support) by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC. (Madrigal, Melissa) |
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Filing 43
PAPERLESS ORDER granting #42 Motion for Extension of Time. The Court grants Defendants an extension through and including August 22, 2023 to file reply memoranda and supporting papers in further support of their Motion to Change Venue and Motion to Dismiss the Amended Complaint. Signed by Judge Beth Bloom (jg01)
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| Filing 42 Unopposed MOTION for Extension of Time to file Reply Memoranda re #25 MOTION to Change Venue (Transfer to the District of New Hampshire) by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. Responses due by 8/21/2023 (Attachments: #1 Text of Proposed Order)(Madrigal, Melissa) |
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Filing 41
PAPERLESS ORDER granting #40 Motion for Amended Response in Opposition to Defendants' Motion to Dismiss, ECF No. #37 , to be deemed timely filed. Signed by Judge Beth Bloom (BB)
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| Filing 40 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #37 Response in Opposition to Motion (Amended) by ANNA RADZINSKAIA. (Silverstein, Keith) |
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Filing 39
PAPERLESS ORDER denying without prejudice #38 Motion for Extension of Time to File Response for failing to comply with Local Rule 7.1 (a)(3). Signed by Judge Beth Bloom (BB)
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| Filing 38 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #37 Response in Opposition to Motion and to Deem Amended Response Timely Filed by ANNA RADZINSKAIA. (Silverstein, Keith) |
| Filing 37 RESPONSE in Opposition re #30 MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal (Amended) filed by ANNA RADZINSKAIA. Replies due by 8/14/2023. (Silverstein, Keith) |
| Filing 36 RESPONSE in Opposition re #30 MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal filed by ANNA RADZINSKAIA. Attorney Keith David Silverstein added to party ANNA RADZINSKAIA(pty:pla). Replies due by 8/14/2023. (Silverstein, Keith) |
| Filing 35 RESPONSE in Opposition re #25 MOTION to Change Venue (Transfer to the District of New Hampshire) filed by ANNA RADZINSKAIA. Replies due by 8/11/2023. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Sayre, Michael) |
| Reset Deadlines as to #25 MOTION to Change Venue (Transfer to the District of New Hampshire), #30 MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal . Plaintiff's Responses due by 8/4/2023 per d.e. 34 Order. (mee) |
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Filing 34
PAPERLESS ORDER granting #33 Motion for Extension of Time. Plaintiff shall have up through and including August 4, 2023, to respond to Defendants' Motion to Change Venue, ECF No. #25 , and Defendants' Motion to Dismiss Plaintiff's Amended Complaint, ECF No. #30 . Signed by Judge Beth Bloom (jg01)
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| Filing 33 Unopposed MOTION for Extension of Time to Respond to Defendants' Motion to Change Venue and Defendants' Motion to Dismiss Amended Complaint re #30 MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal , #25 MOTION to Change Venue (Transfer to the District of New Hampshire) by ANNA RADZINSKAIA. Responses due by 8/1/2023 (Attachments: #1 Text of Proposed Order Exhibit A)(Sayre, Michael) |
| Filing 32 AFFIDAVIT signed by: Melissa N. Madrigal re #30 MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP (Attachments: #1 Exhibit A- Partnership Agreement, #2 Exhibit B- Subscription Agreement, #3 Exhibit C- EB-5 Investor Joinder Agreement of Escrow Terms)(Madrigal, Melissa) |
| Filing 31 MEMORANDUM in Support re #30 MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. (Madrigal, Melissa) |
| Filing 30 MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. Responses due by 7/27/2023 (Madrigal, Melissa) |
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Filing 29
ORDER SCHEDULING MEDIATION. Mediation Hearing set for 1/31/2024 at 09:00 AM before Ellen Leesfield. Signed by Judge Beth Bloom on 7/13/2023. See attached document for full details. (mee)
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| Filing 28 Joint NOTICE of Mediator Selection. Selected/Added Ellen Leesfield as Mediator. (Attachments: #1 Text of Proposed Order Exhibit A)(Sayre, Michael) |
| Filing 27 AFFIDAVIT in Support of Motion to Transfer to the District of New Hampshire. signed by: Douglas Anderson re #25 MOTION to Change Venue (Transfer to the District of New Hampshire) by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP (Attachments: #1 Exhibit A- Partnership Agreement)(Madrigal, Melissa) |
| Filing 26 MEMORANDUM in Support re #25 MOTION to Change Venue (Transfer to the District of New Hampshire) by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. (Madrigal, Melissa) |
| Filing 25 MOTION to Change Venue (Transfer to the District of New Hampshire) by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. Responses due by 7/20/2023 (Attachments: #1 Text of Proposed Order)(Madrigal, Melissa) |
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Filing 24
PAPERLESS ORDER denying as moot #16 Motion to Dismiss based upon Plaintiff's Amended Complaint, ECF No. #22 . Signed by Judge Beth Bloom (BB)
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| Filing 23 NOTICE by ANNA RADZINSKAIA re #16 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, , #17 Memorandum, Plaintiff Anna Radzinskaia's Notice of Mootness (Sayre, Michael) |
| Filing 22 Plaintiff's AMENDED COMPLAINT against DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP, filed by ANNA RADZINSKAIA.(Sayre, Michael) |
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Filing 21
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Amended Pleadings due by 7/17/2023., Discovery due by 3/5/2024., Fact Discovery due by 3/5/2024., Expert Discovery due by 3/5/2024., Joinder of Parties due by 7/17/2023., Mediation Deadline 3/19/2024., In Limine Motions due by 6/17/2024., Dispositive Motions due by 3/27/2024., Motions due by 3/27/2024., Pretrial Stipulation due by 6/17/2024., Jury Trial set for 7/1/2024 at 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 6/25/2024 at 01:45 PM before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 3/19/2024.), ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for all discovery matters. Signed by Judge Beth Bloom on 6/21/2023. See attached document for full details. (mee) #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 20 Joint SCHEDULING REPORT - Rule 16.1 by ANNA RADZINSKAIA (Attachments: #1 Text of Proposed Order Exhibit A)(Sayre, Michael) |
| Filing 19 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP (Madrigal, Melissa) |
| Filing 18 AFFIDAVIT in Support re #16 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, filed by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. (Attachments: #1 Exhibit A- Partnership Agreement)(Madrigal, Melissa) |
| Filing 17 MEMORANDUM in Support re #16 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. (Madrigal, Melissa) |
| Filing 16 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. Responses due by 6/29/2023 (Attachments: #1 Text of Proposed Order Granting Defendants' Motion to Dismiss)(Madrigal, Melissa) |
| Filing 15 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by ANNA RADZINSKAIA (Sayre, Michael) |
| Reset Answer Due Deadline: DOUGLAS ANDERSON answer due 6/22/2023; NEW HAMPSHIRE EB5 REGIONAL CENTER LLC answer due 6/22/2023; NH MOUNTAIN, LP answer due 6/22/2023. Per d.e. 14 Order. (mee) |
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Filing 14
PAPERLESS ORDER granting #10 Motion for Extension of Time. Defendants' time respond to the Complaint is extended up to and including June 22, 2023. Signed by Judge Beth Bloom (jg01)
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Filing 13
PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Daniel F. Gilpin. Signed by Judge Beth Bloom (jg01)
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Filing 12
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jason P. Gottlieb. Signed by Judge Beth Bloom (BB)
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| Filing 11 STIPULATION Extending Time to Respond to Summons and Complaint by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP (Madrigal, Melissa) |
| Filing 10 Consent MOTION for Extension of Time to Respond to the Summons and Complaint. by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. Responses due by 6/16/2023 (Madrigal, Melissa) |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason P. Gottlieb. Filing Fee $ 200.00 Receipt # AFLSDC-16664758 by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. Responses due by 6/16/2023 (Attachments: #1 Certification of Jason P. Gottlieb, #2 Text of Proposed Order)(Madrigal, Melissa) |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel F. Gilpin. Filing Fee $ 200.00 Receipt # AFLSDC-16664703 by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP. Responses due by 6/16/2023 (Attachments: #1 Certification of Daniel F. Gilpin, #2 Text of Proposed Order)(Madrigal, Melissa) |
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Filing 7
ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report,certificates of interested parties and corporate disclosure statements due by 6/16/2023. NEW HAMPSHIRE EB5 REGIONAL CENTER LLC response/answer due 6/2/2023; NH MOUNTAIN, LP response/answer due 6/2/2023. Signed by Judge Beth Bloom on 5/26/2023. See attached document for full details. (mee)
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| Filing 6 Bar Letter re: Admissions sent to attorneys Jason P. Gottlieb and Daniel F. Gilpin, mailing date May 30, 2023. (cw) |
| Filing 5 CERTIFICATE OF SERVICE by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP re #1 Notice of Removal (State Court Complaint),, (Madrigal, Melissa) |
| Filing 4 NOTICE of Attorney Appearance by Melissa Madrigal on behalf of DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP (Madrigal, Melissa) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (nwn) |
| 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. (nwn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $402.00. Pay.gov Agency Tracking ID FLSDC-16648792, payment transferred from : 23-cv-21954, filed by DOUGLAS ANDERSON, NEW HAMPSHIRE EB5 REGIONAL CENTER LLC, NH MOUNTAIN, LP F/K/A NEW HAMPSHIRE RAGGED MOUNTAIN RESORT INVESTMENT, LP;. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A- State Court Complaint and Docket Sheet)(Madrigal, Melissa) No Answer/Motion To Dismiss Filed. Modified Text & Attachment Description on 5/26/2023 (nwn). |
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