BENES et al v. de la Aguilera et al
| JOEL BENES, John McClure and Daniel Valdes |
| Luis de la Aguilera, Aida Levitan, Bernardo B. Fernandez, Jr., Kirk Wycoff, Howard Feinglass and Wayne K. Goldstein |
| 1:2023cv23069 |
| August 14, 2023 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Rodolfo A Ruiz |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.
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Filing 20
Notice of Supplemental Authority re #13 Plaintiff's MOTION to Remand to State Court by JOEL BENES, John McClure, Daniel Valdes (Attachments: #1 Exhibit Ex. A) (Piedra, Jorge)
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Filing 19
Plaintiff's REPLY to Response to Motion re #13 Plaintiff's MOTION to Remand to State Court filed by JOEL BENES, John McClure, Daniel Valdes. (Piedra, Jorge)
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Filing 18
RESPONSE in Opposition re #13 Plaintiff's MOTION to Remand to State Court filed by Bernardo B. Fernandez, Jr., Aida Levitan, Luis de la Aguilera. Replies due by 9/20/2023. (Attachments: #1 Exhibit 1 - Corporate Filings, #2 Exhibit 2 - Form 8K, #3 Exhibit 3 - 7/15/21 IPO Announcement, #4 Exhibit 4 - 7/15/21 Preliminary Offering Circular, #5 Exhibit 5 - 8/13/21 Resolutions, #6 Exhibit 6 - Endeavour Capital Advisors)(Link, Scott)
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Filing 17
ORDER granting #16 Motion for Extension of Time to File Response to Motion. Responses due by 9/13/2023. Signed by Chief Judge Cecilia M. Altonaga on 9/8/2023. See attached document for full details. (ps1)
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Filing 16
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #13 Plaintiff's MOTION to Remand to State Court by Bernardo B. Fernandez, Jr., Aida Levitan, Luis de la Aguilera. (Attachments: #1 Text of Proposed Order)(Link, Scott)
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Filing 15
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by JOEL BENES, John McClure, Daniel Valdes identifying Other Affiliate U.S. Century Bank, Other Affiliate Ramon A. Abadin, Other Affiliate Patriot Financial Partners, II, LP, Other Affiliate Priam Capital Associates, LLC, Other Affiliate Edicott Opportunity Partners IV, LP, Other Affiliate USBC Financial Holdings, Inc. for Daniel Valdes, JOEL BENES, John McClure (Piedra, Jorge)
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Filing 14
ORDER denying without prejudice #7 Motion to Dismiss. Should the Court deny Plaintiffs' Motion to Remand #13 , Plaintiffs will be instructed to respond to the Motion to Dismiss. Signed by Chief Judge Cecilia M. Altonaga on 8/25/2023. See attached document for full details. (wc)
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Filing 13
Plaintiff's MOTION to Remand to State Court by JOEL BENES, John McClure, Daniel Valdes. (Attachments: #1 Exhibit A)(Piedra, Jorge)
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Filing 12
Joint SCHEDULING REPORT - Rule 16.1 by JOEL BENES, John McClure, Daniel Valdes (Attachments: #1 Exhibit A)(Piedra, Jorge)
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Filing 11
Certificate of Other Affiliates by Howard Feinglass, Bernardo B. Fernandez, Jr., Wayne K. Goldstein, Aida Levitan, Kirk Wycoff, Luis de la Aguilera identifying Other Affiliate Ramon A. Rodriguez, Other Affiliate Andres Collazo, Other Affiliate U.S. Century Bank, Other Affiliate Ramon A. Abadin, Other Affiliate The Claar Family Spray Trust, Other Affiliate Great Hollow International, L.P., Other Affiliate TFO Financial Institutions Restructuring Fund III, LLC, Other Affiliate Robert Kafafian, Other Affiliate Maria C. Alonso, Other Affiliate Rob Anderson, Other Affiliate Benigno Pazos, Other Affiliate Nicholas Bustle, Other Affiliate Martha Guerra-Kattou, Other Affiliate Jalal Shehadeh, Other Affiliate Jessica Goldberg, Other Affiliate Oscar Gomez, Other Affiliate Roberto Diaz for Aida Levitan, Bernardo B. Fernandez, Jr., Howard Feinglass, Kirk Wycoff, Luis de la Aguilera, Wayne K. Goldstein (Link, Scott)
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Filing 10
STATUS REPORT on Removal by Bernardo B. Fernandez, Jr., Aida Levitan, Luis de la Aguilera (Link, Scott)
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Filing 9
ORDER denying #8 Defendants' Joint Motion to Stay Discovery. Signed by Chief Judge Cecilia M. Altonaga on 8/22/2023. See attached document for full details. (wc)
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Filing 8
Joint MOTION to Stay re #7 Joint MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Luis De La Aguilera, Aida Levitan and Bernardo Fernandez, Jr. and by Howard Feinglass, Wayne K. Goldstein, Kirk Wycoff. Responses due by 9/1/2023 (Sakona, Shalia)
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Filing 7
Joint MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Luis De La Aguilera, Aida Levitan and Bernardo Fernandez, Jr. and by Howard Feinglass, Wayne K. Goldstein, Kirk Wycoff. Attorney Shalia Marie Sakona added to party Howard Feinglass(pty:dft), Attorney Shalia Marie Sakona added to party Wayne K. Goldstein(pty:dft), Attorney Shalia Marie Sakona added to party Kirk Wycoff(pty:dft). Responses due by 9/1/2023 (Sakona, Shalia)
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Filing 6
ORDER that Defendants shall submit a single combined response or separate answers within the time allowed for the last-served Defendant to respond. Signed by Chief Judge Cecilia M. Altonaga on 8/16/2023. See attached document for full details. (ps1)
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Filing 5
Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 8/25/2023. Signed by Chief Judge Cecilia M. Altonaga on 8/16/2023. See attached document for full details. (ps1)
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Filing 4
ORDER Requiring a Removal Status Report by 8/25/2023. Signed by Chief Judge Cecilia M. Altonaga on 8/16/2023. See attached document for full details. (ps1)
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Filing 3
ORDER TRANSFERRING CASE to Chief Judge Cecilia M. Altonaga for all further proceedings, accepted and signed on 8/16/23. Judge Rodolfo A. Ruiz, II no longer assigned to case. Signed by Judge Rodolfo A. Ruiz, II on 8/15/2023. See attached document for full details. (ps1)
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Filing 2
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Class Action Complaint) Filing fee $ 402.00 receipt number AFLSDC-16839393, filed by Bernardo B. Fernandez, Jr., Luis de la Aguilera, Aida Levitan. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - 7/13/23 Complaint in State Court Action, #3 Exhibit B - 7/5/23 Complaint in USDC Action, #4 Exhibit C - 7/6/23 Order in USDC Action, #5 Exhibit D - 7/13/23 Notice in USDC Action, #6 Exhibit E - 8/14/23 Docket in State Court Action, #7 Exhibit F - All other Court filings in State Court Action)(Link, Scott) No Answer/Motion To Dismiss Filed. Modified text on 8/14/2023 (nwn).
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