Midland Specialty Inc et al v. LIVE OAK BANKING COMPANY et al
| Midland Specialty Inc and Daktor Holguin |
| Ismael Rodriguez, LIVE OAK BANKING COMPANY doing business as d/b/a Live Oak Bank and Rod Rodriguez |
| Midland Specialty Inc and Daktor Holguin |
| Midland Specialty Inc and Daktor Holguin |
| 1:2026cv23342 |
| May 12, 2026 |
| U.S. District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Lisette M Reid |
| Other Fraud |
| 28 U.S.C. § 1441 Notice of Removal-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 9, 2026. A more recent docket listing may be available from PACER.
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| Filing 29 RESPONSE in Opposition re #28 Defendant's MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal,, Counterclaim, FOR FAILURE TO STATE A CLAIM filed by Midland Specialty Inc. Replies due by 7/16/2026. (Hernandez, Hoss) |
| Filing 28 Defendant's MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal,, Counterclaim, FOR FAILURE TO STATE A CLAIM by LIVE OAK BANKING COMPANY, Ismael Rodriguez. Responses due by 7/9/2026. (Cummings, Brian) |
Filing 27
ORDER SCHEDULING MEDIATION before Mediator John Freud on November 9, 2026, at 9:00 a.m. via Videoconference. The parties are reminded that a report of the mediation is due within seven (7) days of the mediation conference. Signed by Chief Judge Cecilia M. Altonaga on 6/18/2026. See attached document for full details. (nt)
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| Filing 26 Notice of Entry of Parties Listed on #25 Notice of Mediator Selection and/or Hearing 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): John Freud.. Attorney Brian R Cummings added to party Midland Specialty Inc(pty:cc). (Cummings, Brian) |
| Filing 25 Corrected NOTICE of Mediator Selection. Selected/Added John Freud as Mediator. (Attachments: #1 Text of Proposed Order)(Cummings, Brian) |
| Filing 24 Clerk's Notice to Filer re #23 Notice (Other). Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. Wrong Event Selected; ERROR - The Filer selected the wrong event. (ebz) |
| Filing 23 NOTICE of Selection of Mediator by LIVE OAK BANKING COMPANY, Ismael Rodriguez (Attachments: #1 Text of Proposed Order) (Cummings, Brian) |
| Filing 22 AMENDED COMPLAINT against Midland Specialty Inc, Daktor Holguin, COUNTERCLAIM against Midland Specialty Inc, Daktor Holguin Midland Specialty Inc, Daktor Holguin, filed by Midland Specialty Inc, Daktor Holguin.(Garcia-Menocal, Jorge) |
| Set/Reset Deadlines/Hearings per DE #21 Order. Amended Complaint due by 6/15/2026. (amb) |
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Filing 21
ORDER granting by default #7 Defendants, Live Oak Banking Co. and Ismael Rodriguez's Motion to Dismiss. Plaintiffs, Midland Specialty, Inc. and Daktor Holguin have until June 15, 2026, to file an amended complaint. Signed by Chief Judge Cecilia M. Altonaga on 6/3/2026. See attached document for full details. (nt)
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| Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement by Daktor Holguin identifying Other Affiliate GCF Valuation, Inc. for Daktor Holguin (Hernandez, Hoss) |
| Filing 19 Clerk's Notice to Filer re #18 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. GCF Valuation, Inc. (ebz) |
| Filing 18 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Daktor Holguin (Hernandez, Hoss) |
| Filing 17 Clerk's Notice to Filer re #16 Notice (Other). Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ebz) |
| Filing 16 Plaintiff's NOTICE of Interested Parties by Daktor Holguin (Hernandez, Hoss) |
| Filing 15 NOTICE of Compliance by LIVE OAK BANKING COMPANY, Ismael Rodriguez re #14 Order to Show Cause, (Cummings, Brian) |
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Filing 14
ORDER that Plaintiffs, Midland Specialty, Inc. and Daktor Holguin shall comply with the May 13, 2026 Order #4 by May 29, 2026. Removing Defendants shall serve Plaintiffs' counsel with copies of this Order today and file a notice by May 28, 2026, advising they have done so. Signed by Chief Judge Cecilia M. Altonaga on 5/27/2026. See attached document for full details. (nt)
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Filing 13
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. Jury Trial set for 3/22/2027 before Chief Judge Cecilia M. Altonaga. Calendar Call set for 3/16/2027 at 9:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Parties must have completed mediation and filed a mediation report by 12/4/2026. Signed by Chief Judge Cecilia M. Altonaga on 5/27/2026. See attached document for full details. (nt) #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 12 Corrected Certificate of Other Affiliates/Corporate Disclosure Statement by LIVE OAK BANKING COMPANY, Ismael Rodriguez identifying Corporate Parent Live Oak Bancshares Inc, Corporate Parent Hidalgo Group LLC, Other Affiliate Jorge Garcia-Menocal, Other Affiliate Stinson LLP, Other Affiliate Hoss Hernandez for Ismael Rodriguez, LIVE OAK BANKING COMPANY (Cummings, Brian) |
| Filing 11 Clerk's Notice to Filer re #10 Certificate of Other Affiliates/Corporate Disclosure Statement,. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ebz) |
| Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement by LIVE OAK BANKING COMPANY, Ismael Rodriguez identifying Corporate Parent Live Oak Bancshares Inc, Other Affiliate Stinson LLP for Ismael Rodriguez, LIVE OAK BANKING COMPANY (Cummings, Brian) |
| Filing 9 Joint SCHEDULING REPORT - Rule 16.1 by LIVE OAK BANKING COMPANY, Ismael Rodriguez (Attachments: #1 Exhibit A-Joint Proposed Scheduling Order)(Cummings, Brian) |
| Filing 8 STATUS REPORT ON REMOVAL by LIVE OAK BANKING COMPANY, Ismael Rodriguez (Cummings, Brian) |
| Filing 7 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by LIVE OAK BANKING COMPANY, Ismael Rodriguez. Responses due by 6/2/2026. (Cummings, Brian) |
| Filing 6 Defendant's NOTICE Clarifying Citizenship of Parties by LIVE OAK BANKING COMPANY, Ismael Rodriguez re #5 Order (Attachments: #1 Exhibit A-Corporate Ownership Statement, #2 Exhibit B-Response to MTD, #3 Exhibit C-Holguins Affidavit in BK Case, #4 Exhibit D-Hidalgo FL SOS Filings-Amendment, #5 Exhibit E-Midlands SOS Filings, #6 Exhibit F-Zillow Listing, #7 Exhibit G-UCC State Midland & Hidalgo Group Recording, #8 Exhibit H-LO 2025 Annual Report) (Cummings, Brian) |
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Filing 5
ORDER that Defendants shall file a notice clarifying all parties' citizenships by May 18, 2026. Signed by Chief Judge Cecilia M. Altonaga on 5/13/2026. See attached document for full details. (nt)
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Filing 4
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report and Certificates of Interested Parties due by 5/26/2026. Signed by Chief Judge Cecilia M. Altonaga on 5/13/2026. See attached document for full details. (nt)
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Filing 3
ORDER that counsel for the removing party is directed to file and serve a Removal Status Report no later than May 26, 2026. Signed by Chief Judge Cecilia M. Altonaga on 5/13/2026. See attached document for full details. (nt)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. 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. (drz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-19534466, filed by LIVE OAK BANKING COMPANY, Ismael Rodriguez. (Attachments: #1 Exhibit A-Docket Summary and State Court Filings, #2 Exhibit B-Schedules, #3 Cover Sheet)(Cummings, Brian)(No Answer, Affirmative Defenses or Motion to Dismiss filed in State Court) Modified text on 5/12/2026 (drz). |
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