Attia v. Diarbi et al
| Mina Attia |
| Serjio Diarbi, Serge Diarbi and Sarkis Diarbi |
| Serjio Diarbi and Sarkis Diarbi |
| Mina Attia |
| 1:2026cv22468 |
| April 9, 2026 |
| U.S. District Court for the Southern District of Florida |
| Darrin P Gayles |
| Detra Shaw-Wilder |
| Assault Libel & Slander |
| Public Health and Welfare |
| Defendant |
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This docket was last retrieved on June 1, 2026. A more recent docket listing may be available from PACER.
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Filing 38
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE. ( Jury Trial set for 4/19/2027 in Miami Division before Judge Darrin P. Gayles., Calendar Call set for 4/7/2027 at 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 3/31/2027 at 10:00 AM before Judge Darrin P. Gayles.), REFERRING CASE to Mediation. ( Mediation Deadline 1/19/2027.), REFERRING CASE to Magistrate Judge Detra Shaw-Wilder for Discovery Matters. Signed by Judge Darrin P. Gayles on 6/1/2026. See attached document for full details. (gqa) #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 37 Proposed SCHEDULING REPORT - Rule 26(f) by Sarkis Diarbi, Serjio Diarbi (Feiler, Michael) |
| Filing 36 Plaintiff's REPLY to #33 Response in Opposition to Motion to Dismiss by Mina Attia. (Levey, Lewis) |
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Filing 35
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before June 1, 2026, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 5/20/2026. (ia00)
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| Filing 34 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 5/20/2026. Total time in court: 10 minutes. Attorney Appearance(s): Lewis Jay Levey, Luwick Francois, Michael Benjamin Feiler, Court Reporter: Patricia Diaz, 305-523-5178 / [email protected]. (ia00) |
| Set/Reset Deadlines: Per DE #35 Joint Scheduling Report due by 6/1/2026 (gqa) |
| Filing 33 RESPONSE in Opposition re #28 MOTION to Dismiss #4 Answer to Complaint, Counterclaim filed by Sarkis Diarbi, Serjio Diarbi. Replies due by 5/21/2026. (Feiler, Michael) |
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Filing 32
PAPERLESS ORDER SETTING STATUS CONFERENCE. The parties shall appear for a telephonic status conference on May 20, 2026, at 10:00 a.m.. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 305-990-2559; Conference ID 374 050 271#. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 5/6/2026. (ia00)
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| Filing 31 SCHEDULING REPORT - Rule 16.1 by Mina Attia (Levey, Lewis) |
| Filing 30 Election to Jurisdiction for Final Disposition of Motions . Filed by Mina Attia (Levey, Lewis) |
| Filing 29 REPLY by Mina Attia. (Levey, Lewis) |
| Filing 28 MOTION to Dismiss #4 Answer to Complaint, Counterclaim by Mina Attia. Attorney Lewis Jay Levey added to party Mina Attia(pty:cd). Responses due by 5/13/2026. (Levey, Lewis) |
| Set/Reset Deadlines: Per DE #27 Joint Scheduling Report due by 5/6/2026 (gqa) |
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Filing 27
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before May 6, 2026, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 4/22/2026. (ia00)
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| Filing 26 NOTICE of Attorney Appearance by Lewis Jay Levey on behalf of Mina Attia. Attorney Lewis Jay Levey added to party Mina Attia(pty:pla). (Levey, Lewis) |
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Filing 25
PAPERLESS ORDER granting #24 Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filings. Luwick Francois is permitted to appear before this Court on behalf of Defendants/Counterclaim Plaintiffs Serjio Diarbi and Sarkis Diarbi for all purposes relating to this action. The Clerk is directed to provide Notice of Electronic Filings to Mr. Francois at [email protected]. Signed by Judge Darrin P. Gayles on 4/14/2026. (ia00)
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| Filing 24 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Luwick Francois. Filing Fee $ 250.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #22 Motion to Appear Pro Hac Vice,, by Sarkis Diarbi, Serjio Diarbi. Responses due by 4/28/2026. (Feiler, Michael) |
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Filing 23
PAPERLESS ORDER denying without prejudice #22 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for failure to fully comply with the Court's Local Rule 4(b)(2) Governing the Admission, Practice, Peer Review, and Discipline of Attorneys. This Rule requires a "certification that the" Pro Hac Vice "applicant" is "a member in good standing of a qualifying bar[.]" The applicant here failed to satisfy this requirement. See [ECF No. 22 at 4]. Signed by Judge Darrin P. Gayles on 4/14/2026. (ia00)
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| Filing 22 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Luwick Francois. Filing Fee $ 250.00 Receipt # AFLSDC-19422112 by Sarkis Diarbi, Serjio Diarbi. Attorney Michael Benjamin Feiler added to party Sarkis Diarbi(pty:dft), Attorney Michael Benjamin Feiler added to party Sarkis Diarbi(pty:cc), Attorney Michael Benjamin Feiler added to party Serjio Diarbi(pty:dft), Attorney Michael Benjamin Feiler added to party Serjio Diarbi(pty:cc). Responses due by 4/27/2026. (Feiler, Michael) |
| Filing 21 Bar Letter re: Admissions sent to attorney Lewis J. Levy, Steven Costos DePalma, and Luwick Francois, mailing date April 10, 2026, (pt) |
| Filing 20 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, the 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. Signed by Judge Darrin P. Gayles on 4/9/2026. (ia00) |
| Filing 19 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Detra Shaw-Wilder 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 18 Case transferred in from New York Eastern; Case Number 1:25-cv-03883. Electronic file including transfer order and docket sheet received. .(bb). |
| Case transferred to District of Florida-Southern. Entire case transferred via CM/ECF to the Southern District of Florida. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Extract Civil Case due by 4/16/2026. (MLR) |
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Filing 17
ORDER ADOPTING REPORT AND RECOMMENDATION: for the reasons stated in the attached memorandum and order, Defendants' objection is OVERRULED and the report and recommendation (the "R&R") #14 is ADOPTED in part and REJECTED in part. Specifically, the Court rejects the R&R's rationale to the extent it recommended transfer of this action under 1404(a) but adopts its determination that this action should be transferred to the Southern District of Florida. Accordingly, Plaintiff's motion to remand this case to Florida state court #5 is DENIED and this action is hereby TRANSFERRED to the Southern District of Florida. The Clerk of Court is respectfully directed to transfer this action to the Southern District of Florida and close the case. Ordered by Judge LaShann DeArcy Hall on 3/31/2026. (CG)
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| Filing 16 RESPONSE in Opposition re #14 REPORT AND RECOMMENDATIONS re #5 MOTION to Remand to State Court filed by Mina Attia Plaintiff's Response to Defendants' Objection to the Magistrate Judge's Report and Recommendation filed by Mina Attia. (Attachments: #1 Plaintiff's LR 7.1(c) Word Count Compliance Certficate) (DePalma, Steven) |
| Filing 15 OBJECTION to #14 Report and Recommendations filed by Sarkis Diarbi, Serjio Diarbi. (Attachments: #1 Certificate of Compliance) (Francois, Luwick) |
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Filing 14
REPORT AND RECOMMENDATION RE #5 : Plaintiff Mina Attia moves pursuant to 28 U.S.C. 1447(c) to remand this action to Florida state court. By order dated August 19, 2025, the Honorable LaShann DeArcy Hall, United States District Judge, referred plaintiff's motion to me for report and recommendation. For the reasons stated in the attached Report and Recommendation, I respectfully recommend that plaintiff's motion to remand this case to Florida state court be denied and that this case be transferred to the United States District Court for the Southern District of Florida. Any objections to this report and recommendation must be filed with the Clerk of the Court within fourteen (14) days. Failure to file objections within the specified time waives the right to appeal the district court's order. See 28 U.S.C. 636(b)(1); FED. R. CIV. P. 72, 6(a), 6(d). Respectfully submitted by Magistrate Judge Robert M. Levy on 11/4/2025. See attached Report and Recommendation for details. (JM)
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ORDER: Plaintiff's time to move or answer Defendants' counterclaims is extended until two (2) weeks after the Court's determination on Plaintiff's motion #5 to remand, to the extent the motion #5 to remand is not granted. Plaintiff's request #12 for a pre-motion conference is DENIED with leave to renew. Ordered by Judge LaShann DeArcy Hall on 9/2/2025. (CG)
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| Filing 13 Letter by Sarkis Diarbi, Serjio Diarbi (Francois, Luwick) |
| Filing 12 MOTION for pre motion conference by Mina Attia. (DePalma, Steven) |
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ORDER: Plaintiff's motion #5 to remand to state court is respectfully REFERRED to Magistrate Judge Robert M. Levy for a report and recommendation. Additionally, Plaintiff's request #9 for a pre-motion conference is DENIED with leave to renew. Ordered by Judge LaShann DeArcy Hall on 8/19/2025. (CG)
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| Filing 11 Letter by Sarkis Diarbi, Serjio Diarbi (Francois, Luwick) |
| Filing 10 REPLY in Support re #5 MOTION to Remand to State Court filed by Mina Attia. (DePalma, Steven) |
| Filing 9 MOTION for pre motion conference by Mina Attia. (DePalma, Steven) |
| Filing 8 MEMORANDUM in Opposition filed by Sarkis Diarbi, Serjio Diarbi. (Attachments: #1 Cert. of Compliance, #2 Exhibit Ex. A - Answer and Counterclaim, #3 Affidavit in Support Ex. B - Sarkis Affidavit, #4 Affidavit in Support Ex. C - Serjio Affidavit) (Francois, Luwick) |
| Case reassigned to Judge LaShann DeArcy Hall and Magistrate Judge Robert M. Levy. Magistrate Judge Robert M. Levy no longer assigned as presider to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (DA) |
| Filing 7 AFFIDAVIT/DECLARATION in Support re #5 MOTION to Remand to State Court filed by Mina Attia. (DePalma, Steven) |
| Filing 6 MEMORANDUM in Support re #5 MOTION to Remand to State Court filed by Mina Attia. (Attachments: #1 Plaintiff's LR 7.1(c) Word Count Compliance Certficate) (DePalma, Steven) |
| Filing 5 MOTION to Remand to State Court by Mina Attia. (Attachments: #1 Exhibit 1 - Florida Complaint, #2 Exhibit 2 - Notice of Removal, #3 Proposed Order Proposed Order) (DePalma, Steven) |
| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (JM) |
| Filing 4 ANSWER to Complaint , COUNTERCLAIM against Mina Attia by All Defendants. (Francois, Luwick) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (SDM) |
| Case Assigned to Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SDM) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SDM) |
| Filing 1 NOTICE OF REMOVAL by Sarkis Diarbi from Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida, case number 2025-010651-CA-01. ( Filing fee $ 405 receipt number ANYEDC-19222806) (Attachments: #1 Removal Action Complaint, #2 Civil Cover Sheet) (Francois, Luwick) |
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