Ofer v. Millan et al

Plaintiff: Raziel Ofer
Defendant: Stephen T. Millan, Millan Law Firm PA, Roniel Rodriguez, IV, Roniel Rodriguez IV PA, AJAR Holdings LLC, Steven E. Gurian, Santiago Eljaiek, III, Marin, Eljaiek, Lopez, Martinez PL, Stuart R. Kalb, Eric Schigiel and Opustone
Case Number: 1:2024cv20888
Filed: March 6, 2024
Court: US District Court for the Southern District of Florida
Presiding Judge: Marty Fulgueira Elfenbein
Referring Judge: K Michael Moore
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 1, 2024 Filing 44 RESPONSE to Motion re #40 MOTION to Disqualify Counsel Roniel Rodriguez IV filed by AJAR Holdings LLC, Stuart R. Kalb, Roniel Rodriguez, IV, Roniel Rodriguez IV PA. Replies due by 5/8/2024. (Rodriguez, Roniel)
April 30, 2024 Filing 43 Defendant's REPLY to Response to Motion re #17 Defendant's MOTION to Dismiss with Prejudice #4 Amended Complaint/Amended Notice of Removal, filed by Stephen T. Millan, Millan Law Firm PA. (Attachments: #1 Exhibit Order to Show Cause Why Defendant Raziel Ofer Should not be Held in Indirect Civil Contempt)(Millan, Stephen)
April 30, 2024 Filing 42 RESPONSE TO DEFENDANT SANTIAGO ELJAIEK, III'S MOTION TO DISMISS AMENDED COMPLAINT WITH PREJUDICE re #39 Defendant's MOTION TO DISMISS #4 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Raziel Ofer. Replies due by 5/7/2024. (nwn)
April 23, 2024 Filing 41 PLAINTIFF'S RESPONSE TO DEFENDANTS STEPHEN T. MILLAN AND MILLAN LAW FIRM, PA'S MOTION TO DISMISS AMENDED/CORRECTED COMPLAINT re #17 Defendant's MOTION to Dismiss with Prejudice #4 Amended Complaint/Amended Notice of Removal, filed by Raziel Ofer. Replies due by 4/30/2024. (Attachments: #1 Exhibit 1-5)(nwn)
April 19, 2024 Filing 40 PLAINTIFF'S MOTION TO DISQUALIFY RONIEL RODRIGUEZ IV- COUNSEL FOR STUART R. KALB, AJAR HOLDINGS LLC, RONIEL RODRIGUEZ IV AND RONIEL RODRIGUEZIV PA by Raziel Ofer. Responses due by 5/3/2024. (nwn)
April 17, 2024 Filing 39 Defendant's MOTION TO DISMISS #4 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Santiago Eljaiek, III. Responses due by 5/1/2024. (Alvarez, Alejandro)
April 17, 2024 Filing 38 Defendant's NOTICE OF JOINDER by Steven E. Gurian, Marin, Eljaiek, Lopez, Martinez PL, Opustone, Eric Schigiel re #37 Response/Reply (Other) (Lopez, Anthony)
April 16, 2024 Filing 37 REPLY to #35 Response/Reply (Other), #32 Response to Motion, by Stuart R. Kalb, Stephen T. Millan, Millan Law Firm PA. (Rodriguez, Roniel)
April 16, 2024 Filing 36 ORDER TO RESPOND re #17 Defendant's MOTION to Dismiss with Prejudice #4 Amended Complaint/Amended Notice of Removal, filed by Stephen T. Millan, Millan Law Firm PA, Set/Reset Deadlines/Hearings as to #17 Defendant's MOTION to Dismiss with Prejudice #4 Amended Complaint/Amended Notice of Removal, .(Plaintiff Responses due by 4/23/2024.) Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/16/2024. See attached document for full details. (nwn)
April 11, 2024 Filing 35 RESPONSE To Motion To join by Raziel Ofer. (cqs)
April 11, 2024 Filing 34 RESPONSE to #15 MOTION to Dismiss for Lack of Jurisdiction #4 Amended Complaint/Amended Notice of Removal, by Raziel Ofer. (cqs)
April 10, 2024 Filing 33 PAPERLESS ORDER ON MOTION FOR EXTENSION OF TIME. THIS CAUSE is before the Court on Plaintiff's Motion for Extension of Time to File Response to Defendant Stuart A Kalb's Motion to Dismiss and for Joinder (the "Motion"), ECF No. #31 . In the Motion, Plaintiff states that his Response to the Motion to Dismiss is due on April 9, 2024 and requests a seven-day extension to file a response. Despite the request for an extension, Plaintiff timely filed his response to the Motion to Dismiss on April 9, 2024, making his request for an extension of time moot. Accordingly, it is hereby ORDERED and ADJUDGED that the Motion, ECF No. #31 , is DENIED as moot. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/10/2024. (MFE)
April 9, 2024 Filing 32 PLAINTIFF RAZIEL OFER'S RESPONSE TO DEFENDANT STUART R. KALB'S MOTION TO DISMISS "AMENDED/CORRECTED COMPLAINT" AND INCORPORATED MEMORANDUM OF LAW re #15 MOTION to Dismiss for Lack of Jurisdiction #4 Amended Complaint/Amended Notice of Removal, filed by Raziel Ofer. Replies due by 4/16/2024. (nwn)
April 8, 2024 Filing 31 PLAINTIFF'S MOTION for Extension of Time to File Response to Defendant(s) Stuart R. Kalb's Motion to Dismiss and for Joinder as to #15 MOTION to Dismiss for Lack of Jurisdiction #4 Amended Complaint/Amended Notice of Removal, by Raziel Ofer. (nwn)
April 8, 2024 Filing 30 PLAINTIFF'S RESPONSE TO DEFENDANT STEVEN E. GURIAN, MARIN, ELJAIEK, LOPEZ & MARTINEZ, P.L., ERIC SCHIGIEL AND OPUSTONE'S MOTION TO DISMISS WITH PREJUDICE re #12 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #4 Amended Complaint/Amended Notice of Removal, filed by Raziel Ofer. Replies due by 4/15/2024. (nwn)
April 8, 2024 Filing 29 CLERK'S NOTICE re 26 Order on Motion for Extension of Time to File Response/Reply/Answer,,,,. Additional Notice of Electronic Filing (NEF) sent to Raz.Ofer2@gmail.com (Attachments: #1 Amended Answer, #2 Defendant's Motion to Dismiss State Court Complaint, #3 Motion to Dismiss for Lack of Jurisdiction, #4 Defendant's Motion to Dismiss with Prejudice, #5 Defendant's NOTICE of Joinder, #6 Defendant's NOTICE, #7 MOTION for Extension of Time) (cds)
April 5, 2024 Filing 28 ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/5/2024. See attached document for full details. (nwn)
April 5, 2024 Filing 27 PAPERLESS ORDER ON MOTION FOR EXTENSION OF TIME. THIS CAUSE is before the Court on Defendant Santiago Eljaiek, III's ("Defendant") Motion for Extension of Time to Respond to Amended/Corrected Complaint (the "Motion"), ECF No. #22 . In the Motion, Defendant states that he engaged his counsel on the due date for the response, so his counsel did not have an adequate opportunity to review the Amended Complaint and discuss this matter with him to properly respond by the deadline. ECF No. #22 . Defendant, therefore, requests a 15-day extension of time to file his response. Upon consideration of the Motion, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED and ADJUDGED that the Motion, ECF No. #22 , is GRANTED. Accordingly, Defendant shall file his response to the Amended/Corrected Complaint, ECF No. #4 , no later than April 17, 2024. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/5/2024. (MFE)
April 5, 2024 Filing 26 PAPERLESS ORDER ON MOTION FOR EXTENSION OF TIME. THIS CAUSE is before the Court on Plaintiff's Motion for Extension of Time to File Response to Defendants' Steven E. Gurian, Eljaiek, Lopez & Martinez, P.L.,Eric Schigiel, and Opustone's Motion to Dismiss (the "Motion"), ECF No. #24 , in which Plaintiff requests a four-day extension of time. Upon consideration of the Motion and the pertinent portions of the record, it is hereby ORDERED and ADJUDGED that the Motion, ECF No. #24 , is GRANTED. Accordingly, Plaintiff shall file his response to ECF No. #12 , no later than April 8, 2024. In addition, the Court DIRECTS the Clerk of Courts to serve a copy of the following additional docket entries on Plaintiff now that he has consented to receive Notices of Electronic Filing: ECF Nos. #10 , #11 , #12 , #15 , #17 , #18 , #20 , and #22 . Responses due by 4/8/2024. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/5/2024. (MFE)
April 5, 2024 Filing 25 PAPERLESS ORDER SUPERSEDING ECF NO. 6 REFERRING PRETRIAL MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. 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 Marty Fulgueira Elfenbein to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters including discovery, and for a Report and Recommendation on any dispositive matters. In addition, the Parties are hereby ORDERED to comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 4/5/2024. (mh02)
April 4, 2024 Filing 24 PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANT(S) MARIN, ELJAIEK, GURIAN AND SCHIGEL'S MOTION TO DISMISS as to #12 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #4 Amended Complaint/Amended Notice of Removal, by Raziel Ofer. (nwn)
April 3, 2024 Filing 23 Consent by Pro Se Litigant (Non-Prisoner) Raziel Ofer to receive Notices of Electronic Filing at email address: Raz.Ofer2@gmail.com (nwn)
April 2, 2024 Filing 22 MOTION for Extension of Time to File Response/Reply/Answer as to #4 Amended Complaint/Amended Notice of Removal, by Santiago Eljaiek, III. (Attachments: #1 Exhibit Proposed Order)(Alvarez, Alejandro)
April 2, 2024 Filing 21 NOTICE of Attorney Appearance by Alejandro Raul Alvarez on behalf of Santiago Eljaiek, III. Attorney Alejandro Raul Alvarez added to party Santiago Eljaiek, III(pty:dft). (Alvarez, Alejandro)
March 28, 2024 Filing 20 Defendant's NOTICE by Stephen T. Millan, Millan Law Firm PA re #12 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #4 Amended Complaint/Amended Notice of Removal, (Millan, Stephen)
March 28, 2024 Filing 19 NOTICE of Attorney Appearance by Stephen Thomas Millan on behalf of Stephen T. Millan, Millan Law Firm PA (Millan, Stephen)
March 28, 2024 Filing 18 Defendant's NOTICE of Joinder by Stephen T. Millan, Millan Law Firm PA re #15 MOTION to Dismiss for Lack of Jurisdiction #4 Amended Complaint/Amended Notice of Removal, (Millan, Stephen)
March 28, 2024 Filing 17 Defendant's MOTION to Dismiss with Prejudice #4 Amended Complaint/Amended Notice of Removal, by Stephen T. Millan, Millan Law Firm PA. Attorney Stephen Thomas Millan added to party Stephen T. Millan (pty:dft), Attorney Stephen Thomas Millan added to party Millan Law Firm PA(pty:dft). Responses due by 4/11/2024. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Millan, Stephen)
March 26, 2024 Filing 16 NOTICE of Attorney Appearance by Roniel Rodriguez, IV on behalf of Stuart R. Kalb (Rodriguez, Roniel)
March 26, 2024 Filing 15 MOTION to Dismiss for Lack of Jurisdiction #4 Amended Complaint/Amended Notice of Removal, by Stuart R. Kalb. Attorney Roniel Rodriguez, IV added to party Stuart R. Kalb(pty:dft). Responses due by 4/9/2024. (Attachments: #1 Exhibit Composite Exhibit A)(Rodriguez, Roniel)
March 22, 2024 Filing 14 CLERK'S NOTICE - Attorney Admissions has updated the address and email information as submitted through attorney's PACER account for attorney Anthony Manual Lopez re #13 Notice of Change of Address, Email or Law Firm Name. (cw)
March 21, 2024 Filing 13 NOTICE of Change of Address, Email or Law Firm Name by Anthony Manuel Lopez (Lopez, Anthony)
March 21, 2024 Filing 12 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #4 Amended Complaint/Amended Notice of Removal, by Steven E. Gurian, Marin, Eljaiek, Lopez, Martinez PL, Opustone, Eric Schigiel. Attorney Anthony Manuel Lopez added to party Steven E. Gurian (pty:dft), Attorney Anthony Manuel Lopez added to party Marin, Eljaiek, Lopez, Martinez PL (pty:dft), Attorney Anthony Manuel Lopez added to party Opustone (pty:dft), Attorney Anthony Manuel Lopez added to party Eric Schigiel (pty:dft). Responses due by 4/4/2024. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lopez, Anthony)
March 20, 2024 Filing 11 Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Roniel Rodriguez, IV, Roniel Rodriguez IV PA. (Rodriguez, Roniel)
March 19, 2024 Filing 10 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by AJAR Holdings LLC, Roniel Rodriguez, IV, Roniel Rodriguez IV PA. (Rodriguez, Roniel)
March 18, 2024 Filing 9 NOTICE of Attorney Appearance by Roniel Rodriguez, IV on behalf of AJAR Holdings LLC, Roniel Rodriguez, IV, Roniel Rodriguez IV PA. Attorney Roniel Rodriguez, IV added to party AJAR Holdings LLC(pty:dft), Attorney Roniel Rodriguez, IV added to party Roniel Rodriguez, IV(pty:dft), Attorney Roniel Rodriguez, IV added to party Roniel Rodriguez IV PA (pty:dft). (Rodriguez, Roniel)
March 14, 2024 Filing 8 Summons Issued as to AJAR Holdings LLC, Opustone, Eric Schigiel. (nwn)
March 12, 2024 Filing 7 Summons Issued as to Santiago Eljaiek, III, Steven E. Gurian, Stuart R. Kalb, Marin, Eljaiek, Lopez, Martinez PL, Stephen T. Millan, Millan Law Firm PA, Roniel Rodriguez, IV, Roniel Rodriguez IV PA. (nwn)
March 8, 2024 Filing 6 PAPERLESS ORDER REFERRING PRETRIAL MATTERS TO MAGISTRATE JUDGE LISETTE M. REID. 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 Lisette M. Reid to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters including discovery, and for a Report and Recommendation on any dispositive matters. In addition, the Parties are hereby ORDERED to comply with Magistrate Judge Reid's discovery procedures. Signed by Judge K. Michael Moore on 3/8/2024. (mh02)
March 8, 2024 Filing 5 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 3/8/2024. (mh02)
March 7, 2024 Filing 4 AMENDED/CORRECTED COMPLAINT against AJAR Holdings LLC, Santiago Eljaiek, III, Steven E. Gurian, Stuart R. Kalb, Marin, Eljaiek, Lopez, Martinez PL, Stephen T. Millan, Millan Law Firm PA, Opustone, Roniel Rodriguez, IV, Roniel Rodriguez IV PA, Eric Schigiel, filed by Raziel Ofer.(nwn)
March 6, 2024 Filing 3 Clerks Notice of Receipt of Filing Fee received on 3/6/2024 in the amount of $ 405.00, receipt number FLS283573. (vt)
March 6, 2024 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 Lisette M. Reid 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. (kpe)
March 6, 2024 Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00, filed by Raziel Ofer. NOT PAID/NO IFP FILED. (Attachments: #1 Civil Cover Sheet)(kpe)

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Search for this case: Ofer v. Millan et al
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Plaintiff: Raziel Ofer
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Defendant: Stephen T. Millan
Represented By: Stephen Thomas Millan
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Defendant: Millan Law Firm PA
Represented By: Stephen Thomas Millan
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Defendant: Roniel Rodriguez, IV
Represented By: Roniel Rodriguez, IV
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Defendant: Roniel Rodriguez IV PA
Represented By: Roniel Rodriguez, IV
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Defendant: AJAR Holdings LLC
Represented By: Roniel Rodriguez, IV
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Defendant: Steven E. Gurian
Represented By: Anthony Manuel Lopez
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Defendant: Santiago Eljaiek, III
Represented By: Alejandro Raul Alvarez
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Defendant: Marin, Eljaiek, Lopez, Martinez PL
Represented By: Anthony Manuel Lopez
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Defendant: Stuart R. Kalb
Represented By: Roniel Rodriguez, IV
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Defendant: Eric Schigiel
Represented By: Anthony Manuel Lopez
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Defendant: Opustone
Represented By: Anthony Manuel Lopez
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