Honig et al v. Kornfeld et al
John Hertvik, Paul Honig, David Lippman, Carla Honig, Carolyn Lippman, Gerald Roy and Hemant Nanavaty |
GBH CPAS, PC, Ferne E. Kornfeld, First Financial Tax Group, Inc., Barry M. Kornfeld, FEK Enterprises, Inc., William Blair & Company, Henry Wieniewitz, Prudential Annuities Distributors, Inc., Michele Klager, Robert S. Davis, Jr., Lynette M. Robbins, Gordon C. Hannah, Lighthouse Financial Advisors, Inc. doing business as Lighthouse Wealth Management, PanthRex Asset Management, LLC, Paramount Financial Services, Inc. doing business as Live Abundant and Live Abundant Financial, Atlantic Insurance and Financial Services, Inc., Douglas R. Andrew, Florida Tax Advisory Services, Inc., Shield Financial Group, Inc., Kovak Securities, Inc., David Ouelette, HD Vest Investment Services, Inc., Theodore F. Leutz, Putnam Retail Management Limited Partnership, James D. Helgeson, Tony MacKenzie, Jerry Davis Raines, David Anthony Cusano, Benjamin A. Heidari, James H. Gilchrist, Sr., Albert D. Klager, Paula Burke, Luke Daniel Van Houten, Richard D. Fritz, Retirement Planning Solutions, LLC, Andrew G. Costa, Jordan Goodman, Old Security Financial Group Corp., Wieniewitz Wealth Management, LLC and Knowles System, Inc. |
Securities and Exchange Commission |
9:2018cv80019 |
January 6, 2018 |
US District Court for the Southern District of Florida |
West Palm Beach Office |
Palm Beach (Office: West Palm Beach) |
Dave Lee Brannon |
Donald M Middlebrooks |
Personal Property: Other |
28 U.S.C. § 1332 |
Defendant |
Docket Report
This docket was last retrieved on June 7, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 256 ORDER CLOSING CASE. Signed by Judge Donald M. Middlebrooks on 6/7/2019. See attached document for full details. (cds) |
***Deadline(s) terminated Per DE#256. (cds) |
Filing 255 NOTICE of Voluntary Dismissal as to Defendants Knowles Systems, Inc., Andrew G. Costa, David Anthony Cusano, James H. Gilchrist, Sr., Paula Burke, and James D. Helgeson by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy (Kwan, Andrew) |
Filing 254 ORDER TERMINATING DEFENDANTS. First Financial Tax Group, Inc., Albert D. Klager, Michele Klager, Barry M. Kornfeld, Ferne E. Kornfeld, Theodore F. Leutz, Lynette M. Robbins, Atlantic Insurance and Financial Services, Inc. and FEK Enterprises, Inc. terminated., ( Status Report due by 6/10/2019.) Signed by Judge Donald M. Middlebrooks on 6/3/2019. See attached document for full details. (cds) |
Filing 253 STIPULATION of Dismissal with Prejudice by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy (Kwan, Andrew) |
Filing 252 ORDER Granting in part #250 Motion for Extension of Time to File Response/Reply to Motion. The Moving Defendants shall file any response to Plaintiffs' Motion for Summary Judgment. Responses due by 6/3/2019 Signed by Judge Donald M. Middlebrooks on 5/23/2019. See attached document for full details. (cds) |
Filing 251 Clerks Notice to Filer re #250 Unopposed MOTION for Extension of Time To Respond to Plaintiffs' Motion for Summary Judgment re #247 MOTION for Summary Judgment as to Counts IX, X, and XI of Second Amended Complaint. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
Filing 250 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #247 MOTION for Summary Judgment as to Counts IX, X, and XI of Second Amended Complaint by Atlantic Insurance and Financial Services, Inc., Albert D. Klager. Responses due by 6/3/2019 (Attachments: #1 Text of Proposed Order)(Breitbart, Gregg) Modified Relief on 5/21/2019 (ls). |
Filing 249 APPENDIX to #248 Statement Appendix of Exhibits for Plaintiffs' Statement of Material Facts in Support of Motion for Summary Judgment by Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Kwan, Andrew) |
Filing 248 Statement of: Material Facts by Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy re #247 MOTION for Summary Judgment as to Counts IX, X, and XI of Second Amended Complaint (Kwan, Andrew) |
Filing 247 MOTION for Summary Judgment as to Counts IX, X, and XI of Second Amended Complaint by Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy. Responses due by 5/20/2019 (Kwan, Andrew) |
Filing 246 ORDER Denying #245 Motion for Extension of Time. Signed by Judge Donald M. Middlebrooks on 4/9/2019. See attached document for full details. (cds) |
Filing 245 Unopposed MOTION for Extension of Time TO RENEW MOTION FOR CLASS CERTIFICATION by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy. Responses due by 4/22/2019 (Attachments: #1 Text of Proposed Order ORDER GRANTING PLAINTIFFS SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO RENEW MOTION FOR CLASS CERTIFICATION)(Kwan, Andrew) |
Filing 244 PAPERLESS ORDER granting #243 Motion for Extension of Time. Plaintiffs shall file any renewed motion for class certification on or by April 8, 2019. Thereafter, Defendants shall file any response to such motion on or by April 15, 2019, and Plaintiffs shall file any reply on or by April 17, 2019. Signed by Judge Donald M. Middlebrooks on 3/29/2019. (sfr) |
Filing 243 Unopposed MOTION for Extension of Time to renew Motion for Class Certification by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy. Responses due by 4/10/2019 (Attachments: #1 Text of Proposed Order (Exhibit A - Proposed Order))(Kwan, Andrew) |
Filing 242 ANSWER and Affirmative Defenses to Amended Complaint by Atlantic Insurance and Financial Services, Inc., Albert D. Klager, Michele Klager. (Breitbart, Gregg) |
Filing 241 AMENDED PRETRIAL SCHEDULE AND TRIAL ORDER: ( Jury Trial Reset for 7/22/2019 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 7/17/2019 before Judge Donald M. Middlebrooks.) Granted In Part: #235 Agreed MOTION for Extension of Time of Discovery Cutoff Deadline filed by Atlantic Insurance and Financial Services, Inc., Albert D. Klager, Michele Klager. Signed by Judge Donald M. Middlebrooks on 3/22/2019. See attached document for full details. (cds) #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. |
Filing 240 ORDER REGARDING BRIEFING ON ISSUE OF CLASS CERTIFICATION. Denying Without Prejudice #201 Motion to Certify Class. Motions due by 4/1/2019. Responses due by 4/8/2019 Replies due by 4/10/2019. Signed by Judge Donald M. Middlebrooks on 3/22/2019. See attached document for full details. (cds) |
Filing 239 ORDER DISMISSING DEFENDANT Florida Tax Advisory Services, Inc. Signed by Judge Donald M. Middlebrooks on 3/22/2019. See attached document for full details. (cds) |
Filing 238 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Theodore F. Leutz, Lynette M. Robbins. (Harris, Robert) |
Filing 237 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by FEK Enterprises, Inc., First Financial Tax Group, Inc., Barry M. Kornfeld, Ferne E. Kornfeld. (Harris, Robert) |
Filing 236 Order Dismissing Defendant Jordan Goodman. Signed by Judge Donald M. Middlebrooks on 3/21/2019. See attached document for full details. (cds) |
Filing 235 Agreed MOTION for Extension of Time of Discovery Cutoff Deadline by Atlantic Insurance and Financial Services, Inc., Albert D. Klager, Michele Klager. (Attachments: #1 Text of Proposed Order)(Breitbart, Gregg) |
Filing 234 ORDER ON MOTION TO EXTEND DISCOVERY AND PRETRIAL MOTIONS DEADLINES, Granted In Part: #228 Unopposed MOTION for Extension of Time of Discovery Cutoff Deadline . ( Motions due by 3/20/2019.) Signed by Judge Donald M. Middlebrooks on 3/14/2019. See attached document for full details. (cds) |
Filing 233 ORDER ON MOTION TO DISMISS. Granting #152 Motion to Dismiss. Plaintiffs Amended Complaint due by 3/18/2019. Signed by Judge Donald M. Middlebrooks on 3/13/2019. See attached document for full details. (cds) |
Filing 232 ORDER DENYING MOTION TO EXTEND DEADLINE TO SERVE DEFENDANT JORDAN E. GOODMAN. Denying #229 Motion for Extension of Time. Motions due by 3/15/2019. Signed by Judge Donald M. Middlebrooks on 3/12/2019. See attached document for full details. (cds) |
Filing 231 AGREED PROTECTIVE ORDER. Granting #226 Motion for Protective Order. Signed by Judge Donald M. Middlebrooks on 3/8/2019. See attached document for full details. (cds) |
Filing 230 Notice of Adoption by GBH CPAS, PC (Kress, Douglas) |
Filing 229 Plaintiff's MOTION for Extension of Time to obtain service on Goodman re 225 Order,,,, Set/Reset Deadlines,,, by Paul Honig. Responses due by 3/25/2019 (Attachments: #1 Exhibit A, #2 Exhibit B)(Butler, Jonathan) |
Filing 228 Unopposed MOTION for Extension of Time of Discovery Cutoff Deadline by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy. (Attachments: #1 Text of Proposed Order (Exhibit A - Proposed Order))(Kwan, Andrew) |
Filing 227 ORDER ON MOTIONS TO DISMISS. granting #143 Motion to Dismiss for Failure to State a Claim; granting #153 Motion to Dismiss; granting #154 Motion to Dismiss; granting #156 Motion to Dismiss for Failure to State a Claim; granting #157 Motion to Dismiss for Failure to State a Claim; granting #158 Motion to Dismiss; granting #160 Motion to Dismiss for Lack of Jurisdiction; granting in part #162 Motion to Dismiss for Failure to State a Claim; granting in part #163 Motion to Dismiss for Failure to State a Claim; granting in part #164 Motion to Dismiss for Failure to State a Claim); granting in part #165 Motion to Dismiss for Failure to State a Claim); granting in #166 Motion to Dismiss for Failure to State a Claim ( Amended Complaint due by 3/13/2019., Show Cause Response due by 3/13/2019.) Signed by Judge Donald M. Middlebrooks on 3/8/2019. See attached document for full details. (cds) |
Filing 226 Joint MOTION for Protective Order by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy. (Attachments: #1 Text of Proposed Order Stipulated Protective Order)(Galardi, Joseph) |
Filing 225 PAPERLESS ORDER. Pursuant to Fed. R. Civ. P. 4(m), a plaintiff has ninety days from the filing of a complaint to serve a defendant. Here, the deadline for Plaintiffs to serve Defendant Jordan E. Goodman was November 27, 2018. Plaintiffs have not filed proof of service on Defendant Goodman. Additionally, counsel for Defendant Goodman has not appeared in this case and Defendant Goodman has not responded to Plaintiffs' Second Amended Complaint. Plaintiffs shall respond to this Order on or by March 11, 2019 by filing proof of service indicating that Defendant Goodman was served with process by November 27, 2018. Failure to show that Defendant Goodman was timely served may result in the dismissal of Plaintiffs' claims against Defendant Goodman pursuant to Fed. R. Civ. P. 41(b). Signed by Judge Donald M. Middlebrooks on 3/4/2019. (kal) |
Filing 224 CERTIFICATE of Counsel re #222 Order on Motion to Withdraw as Attorney by Allan Michael Lerner on behalf of Gordon C. Hannah, Retirement Planning Solutions, LLC (Lerner, Allan) |
Attorney Allan Michael Lerner representing Hannah, Gordon C. (Defendant) Activated. (Lerner, Allan) |
Filing 223 ORDER DISMISSING DEFENDANT. Party PanthRex Asset Management, LLC dismissed re #221 Notice of Voluntary Dismissal. Signed by Judge Donald M. Middlebrooks on 2/25/2019. See attached document for full details. (lbc) |
Filing 222 ORDER GRANTING ALLAN M. LERNER 'S #220 MOTION TO WITHDRAW AS ATTORNEY OF RECORD FOR DEFENDANTS. Signed by Judge Donald M. Middlebrooks on 2/25/2019. See attached document for full details. (lbc) |
Filing 221 NOTICE of Voluntary Dismissal of Defendant PanthRex Asset Management, LLC by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy (Kwan, Andrew) |
Filing 220 Unopposed MOTION to Withdraw as Attorney by Allan M. Lerner for / by Gordon C. Hannah, Retirement Planning Solutions, LLC. Responses due by 3/6/2019 (Attachments: #1 Text of Proposed Order)(Lerner, Allan) |
Filing 219 NOTICE OF UNAVAILABILITY by Carla Honig, Paul Honig for dates of 03/7-8, 11-14, 27-29 AND 04/01-12 (Butler, Jonathan) |
Filing 218 Notification of Ninety Days Expiring by Robert S. Davis, Jr., Gordon C. Hannah, Tony MacKenzie, Old Security Financial Group Corp., David Ouelette, Retirement Planning Solutions, LLC, Shield Financial Group, Inc., Henry Wieniewitz, Wieniewitz Wealth Management, LLC (Lerner, Allan) |
Filing 217 Notification of Ninety Days Expiring by GBH CPAS, PC (Kress, Douglas) |
Filing 216 RESPONSE in Opposition re #201 Plaintiff's MOTION to Certify Class filed by Douglas R. Andrew, Paramount Financial Services, Inc.. Replies due by 12/28/2018. (Monk, Jacob) |
Filing 215 ORDER denying #213 Motion for Extension of Time. Signed by Judge Donald M. Middlebrooks on 12/19/2018. See attached document for full details. (lbc) |
Filing 214 REPLY to Response to Motion re #201 Plaintiff's MOTION to Certify Class filed by Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy. (Galardi, Joseph) |
Filing 213 MOTION for Extension of Time to Respond to Plaintiffs Motion for Class Certification [To Avoid Waiver of Personal Jurisdiction Defense] re #201 Plaintiff's MOTION to Certify Class , #160 MOTION to Dismiss for Lack of Jurisdiction #138 Amended Complaint,,,, by Douglas R. Andrew, Paramount Financial Services, Inc.. Responses due by 12/21/2018 (Monk, Jacob) |
Filing 212 RESPONSE in Opposition re #201 Plaintiff's MOTION to Certify Class Joinder and Adoption filed by HD Vest Investment Services, Inc.. Replies due by 12/14/2018. (Thomson, Andrew) |
Filing 211 RESPONSE to Motion re #201 Plaintiff's MOTION to Certify Class filed by Jerry Davis Raines. Replies due by 12/14/2018. (Attachments: #1 Exhibit Declaration of Jerry Davis Raines)(Jacobson, Jon) |
Filing 210 RESPONSE in Opposition re #201 Plaintiff's MOTION to Certify Class filed by Atlantic Insurance and Financial Services, Inc., FEK Enterprises, Inc., First Financial Tax Group, Inc., Albert D. Klager, Michele Klager, Barry M. Kornfeld, Ferne E. Kornfeld, Theodore F. Leutz, Lynette M. Robbins. Replies due by 12/14/2018. (Attachments: #1 Exhibit Robbins Declaration, #2 Exhibit Kornfeld Declaration, #3 Exhibit Klager Declaration)(Harris, Robert) |
Filing 209 RESPONSE to Motion re #201 Plaintiff's MOTION to Certify Class Joinder and Adoption filed by Kovak Securities, Inc.. Replies due by 12/14/2018. (Jenks, Debra) |
Filing 208 RESPONSE in Opposition re #201 Plaintiff's MOTION to Certify Class filed by GBH CPAS, PC. Replies due by 12/14/2018. (Attachments: #1 Exhibit Decleration Under Penalty of Perjury of David Grossman, #2 Exhibit Robert Shapiro Testimony)(Kress, Douglas) |
Filing 207 Notice of Adoption by Robert S. Davis, Jr., Tony MacKenzie, Old Security Financial Group Corp., David Ouelette, Shield Financial Group, Inc. Related document: #206 Response in Opposition to Motion, filed by Gordon C. Hannah, Henry Wieniewitz, Retirement Planning Solutions, LLC, Wieniewitz Wealth Management, LLC (Lerner, Allan) |
Filing 206 RESPONSE in Opposition re #201 Plaintiff's MOTION to Certify Class filed by Gordon C. Hannah, Retirement Planning Solutions, LLC, Henry Wieniewitz, Wieniewitz Wealth Management, LLC. Replies due by 12/14/2018. (Attachments: #1 Exhibit, #2 Exhibit)(Lerner, Allan) |
Filing 205 PAPERLESS ORDER granting #204 Defendants' Motion for Extension of Time. Defendants shall file any response to Plaintiffs' Motion to Certify Class (DE #201 ) by December 7, 2018. Signed by Judge Donald M. Middlebrooks on 11/28/2018. (kal) |
Filing 204 MOTION for Extension of Time Respond to Plaintiff's Motion for Class Certification by Various Defendants re #201 Plaintiff's MOTION to Certify Class by Kovak Securities, Inc.. Responses due by 12/11/2018 (Attachments: #1 Exhibit Proposed Order)(Jenks, Debra) |
Filing 203 PAPERLESS ORDER granting #202 Motion for Extension of Time to File Response. Defendants shall respond to Plaintiffs' Motion for Class Certification (DE #201 ) by December 7, 2018. Signed by Judge Donald M. Middlebrooks on 11/27/2018. (sfr) |
Filing 202 MOTION for Extension of Time to File Response/Reply/Answer as to #201 Plaintiff's MOTION to Certify Class by Robert S. Davis, Jr., Gordon C. Hannah, Tony MacKenzie, Old Security Financial Group Corp., David Ouelette, Retirement Planning Solutions, LLC, Shield Financial Group, Inc., Henry Wieniewitz, Wieniewitz Wealth Management, LLC. (Attachments: #1 Exhibit)(Lerner, Allan) |
Filing 201 Plaintiff's MOTION to Certify Class by Carla Honig, Paul Honig. Responses due by 11/30/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Butler, Jonathan) |
Filing 200 PAPERLESS ORDER granting #199 Plaintiffs Paul Honig, Carla Honig, David Lippman, Carolyn Lippman, John Hertvik, Gerald Roy, and Hemant Nanavaty's Unopposed Motion for Extension of Time to Move for Class Certification. Plaintiffs shall file any motion for class certification by November 16, 2018. Signed by Judge Donald M. Middlebrooks on 11/8/2018. (kal) |
Filing 199 Plaintiff's MOTION for Extension of Time to certify class and Memorandum of Law re #122 Scheduling Order,, by Carla Honig, Paul Honig. Responses due by 11/23/2018 (Attachments: #1 Exhibit)(Butler, Jonathan) |
Filing 198 PAPERLESS ORDER denying #197 Plaintiffs' Motion for Extension of Time to Move for Class Certification and to Disclose Experts. Plaintiffs seek to extend the deadlines by which they must move for class certification and disclose their expert witnesses while the Parties await a ruling from this Court on several pending Motions to Dismiss. Plaintiffs have not shown good cause to grant the relief requested. The Parties must continue to litigate this case even whilst they await rulings on pending motions. Signed by Judge Donald M. Middlebrooks on 11/7/2018. (kal) |
Filing 197 Plaintiff's MOTION for Extension of Time for Class Certification and Disclose Experts re #122 Scheduling Order,, by Carla Honig, Paul Honig. Responses due by 11/20/2018 (Attachments: #1 Exhibit)(Butler, Jonathan) |
Filing 196 AGREED PROTECTIVE ORDER. Signed by Judge Donald M. Middlebrooks on 10/22/2018. See attached document for full details. (lbc) |
Filing 195 Joint MOTION for Protective Order by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy. (Attachments: #1 Exhibit 1 - Proposed Stipulated Protective Order)(Kwan, Andrew) |
Filing 194 REPLY in Support of Paramount Defendants' Motion [DE 160] to Dismiss Plaintiffs' Second Amended Complaint by Douglas R. Andrew, Paramount Financial Services, Inc.. (Attachments: #1 Exhibit 1 - Chart, #2 Exhibit 2 - Amended Complaint in Primerica Fin. Servs., Inc. v. Mitchell, 48 F. Supp. 2d 1363 (S.D. Fla. 1999).)(Monk, Jacob) |
Filing 193 REPLY to Response to Motion re #156 MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM filed by HD Vest Investment Services, Inc.. (Thomson, Andrew) |
Reset Deadlines Per DE#191. Replies due by 10/12/2018. (cqs) |
Reset Deadlines Per DE#192 Replies due by 10/16/2018. (cqs) |
Filing 192 PAPERLESS ORDER granting #186 Motion for Extension of Time. The deadline for Defendants Douglas R. Andrew and Paramount Financial Services, Inc. to file any Reply in support of their Motion to Dismiss Plaintiffs' Second Amended Complaint (DE #160 ) is extended to October 16, 2018. Signed by Judge Donald M. Middlebrooks on 10/10/2018. (kal) |
Filing 191 PAPERLESS ORDER granting #185 Motion for Extension of Time. The deadline for Defendant H.D. Vest Investment Services, Inc. to file any Reply in support of its Motion to Dismiss Plaintiffs' Second Amended Complaint (DE #156 ) is extended to October 12, 2018. Signed by Judge Donald M. Middlebrooks on 10/10/2018. (kal) |
Filing 190 REPLY to Response to Motion re #158 MOTION to Dismiss with Prejudice #138 Amended Complaint,,,, filed by Gordon C. Hannah, Retirement Planning Solutions, LLC, Henry Wieniewitz, Wieniewitz Wealth Management, LLC. (Lerner, Allan) |
Filing 189 REPLY to Response to Motion re #166 Corrected MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM Correcting Title to DE 163 and DE 165 filed by Theodore F. Leutz, Lynette M. Robbins. (Harris, Robert) |
Filing 188 REPLY to Response to Motion re #162 Defendant's MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM filed by FEK Enterprises, Inc., First Financial Tax Group, Inc., Barry M. Kornfeld, Ferne E. Kornfeld. (Harris, Robert) |
Filing 187 REPLY to Response to Motion re #164 MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM on behalf of Albert D. Klager, Michele Klager, and Atlantic Insurance & Financial Services, Inc., filed by Albert D. Klager, Michele Klager. (Morgan, Michel) |
Filing 186 MOTION for Extension of Time TO FILE REPLY IN SUPPORT OF PARAMOUNT DEFENDANTS' MOTION TO DISMISS [DE 160] by Douglas R. Andrew, Paramount Financial Services, Inc.. Responses due by 10/23/2018 (Attachments: #1 Exhibit 1 - Service Email, #2 Exhibit 2 - Service Email, #3 Exhibit 3 - Proposed Order)(Monk, Jacob) |
Filing 185 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #156 MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM by HD Vest Investment Services, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Thomson, Andrew) |
Filing 184 REPLY to Response to Motion re #157 MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM filed by Jerry Davis Raines. (Jacobson, Jon) |
Filing 183 REPLY to Response to Motion re #153 MOTION to Dismiss #138 Amended Complaint,,,, , #154 MOTION to Dismiss #138 Amended Complaint,,,, filed by Robert S. Davis, Jr., Tony MacKenzie, Old Security Financial Group Corp., David Ouelette, Shield Financial Group, Inc.. (Lerner, Allan) |
Filing 182 REPLY to Response to Motion re #143 Defendant's MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM in Second Amended Complaint filed by Kovak Securities, Inc.. (Jenks, Debra) |
Filing 181 REPLY to Response to Motion re #152 MOTION to Dismiss #138 Amended Complaint,,,, filed by GBH CPAS, PC. (Kress, Douglas) |
Filing 180 RESPONSE in Opposition re #152 MOTION to Dismiss #138 Amended Complaint,,,, filed by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy. Attorney Andrew Steven Kwan added to party Hemant Nanavaty(pty:pla), Attorney Andrew Steven Kwan added to party Gerald Roy(pty:pla). Replies due by 10/9/2018. (Attachments: #1 Exhibit A - GBH Privilege Log)(Kwan, Andrew) |
Filing 179 RESPONSE in Opposition re #166 Corrected MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM Correcting Title to DE 163 and DE 165 filed by Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy. Replies due by 10/9/2018. (Attachments: #1 Exhibit A - State of Florida Office of Financial Regulation, Administrative Complaint)(Pickett, Charles) |
Filing 178 Summons Issued as to Jordan Goodman. (lbc) |
Filing 177 REPLY to Response to Motion re #174 Plaintiff's MOTION for Leave to File Omnibus Response filed by John Hertvik, Carla Honig, Paul Honig. (Butler, Jonathan) |
Filing 176 PAPERLESS ORDER granting #174 Plaintiffs' Motion for Extension of Time and for Leave to File Omnibus Response to Defendants' Motions to Dismiss Second Amended Complaint. Plaintiffs may file a single omnibus response to all pending Motions to Dismiss. Plaintiffs' Response is due by October 1, 2018. Signed by Judge Donald M. Middlebrooks on 9/26/2018. (kal) |
Filing 175 RESPONSE in Opposition re #174 Plaintiff's MOTION for Leave to File Omnibus Response filed by Kovak Securities, Inc.. Replies due by 10/2/2018. (Attachments: #1 Exhibit CM-ECF Email, #2 Exhibit E-mail, #3 Exhibit E-mail, #4 Exhibit E-mail)(Jenks, Debra) |
Filing 174 Plaintiff's MOTION for Leave to File Omnibus Response by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy. Attorney Jonathan Brennan Butler added to party Hemant Nanavaty(pty:pla), Attorney Jonathan Brennan Butler added to party Gerald Roy(pty:pla). (Attachments: #1 Exhibit Proposed Order)(Butler, Jonathan) |
Filing 173 ORDER GRANTING MOTION TO STAY. Signed by Judge Donald M. Middlebrooks on 9/25/2018. See attached document for full details. (lbc) |
Filing 172 ORDER DENYING DEFENDANT'S MOTION TO BIFURCATE CLASS-CERTIFICATION AND MERITS DISCOVERY. Signed by Judge Donald M. Middlebrooks on 9/25/2018. See attached document for full details. (lbc) |
Filing 171 PAPERLESS ORDER granting #141 Defendants Lynette M. Robbins and Theodore F. Leutz's Motion for Extension of Time to Respond to Second Amended Complaint and Discovery. As there have been no responses opposing the instant motion, the relief requested is granted. Signed by Judge Donald M. Middlebrooks on 9/24/2018. (kal) |
Filing 170 REPLY to Response to Motion re #145 MOTION to Stay DISCOVERY MOTION for Protective Order PENDING MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION filed by Douglas R. Andrew, Paramount Financial Services, Inc., Henry Wieniewitz, Wieniewitz Wealth Management, LLC. (Monk, Jacob) |
Filing 169 RESPONSE in Opposition re #145 MOTION to Stay DISCOVERY MOTION for Protective Order PENDING MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION filed by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy. Replies due by 9/24/2018. (Attachments: #1 Exhibit Plaintiffs' First Request for Production to Sales Agent Defendants, #2 Exhibit Plaintiffs' First Set of Interrogatories to Sales Agent Defendants)(Pickett, Charles) |
Filing 168 REPLY to Response to Motion re #139 Defendant's MOTION to Bifurcate Class-Certification and Merits Discovery filed by Atlantic Insurance and Financial Services, Inc., Robert S. Davis, Jr., GBH CPAS, PC, James H. Gilchrist, Sr., HD Vest Investment Services, Inc., Gordon C. Hannah, Albert D. Klager, Michele Klager, Barry M. Kornfeld, Ferne E. Kornfeld, Kovak Securities, Inc., Theodore F. Leutz, Tony MacKenzie, Old Security Financial Group Corp., David Ouelette, Jerry Davis Raines, Retirement Planning Solutions, LLC, Lynette M. Robbins, Shield Financial Group, Inc., Henry Wieniewitz, Wieniewitz Wealth Management, LLC. (Lerner, Allan) |
Filing 167 NOTICE by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy re #86 Suggestion of Bankruptcy of Filing Order Dismissing Bankruptcy Case (Attachments: #1 Exhibit Order Dismissing Chapter 11 Case of Knowles Systems, Inc.) (Pickett, Charles) |
Filing 166 Corrected MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM Correcting Title to DE 163 and DE 165 by Theodore F. Leutz, Lynette M. Robbins. Responses due by 9/27/2018 (Harris, Robert) |
Filing 165 Corrected MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM Correcting DE 163 by Theodore F. Leutz, Lynette M. Robbins. Responses due by 9/27/2018 (Harris, Robert) |
Filing 164 MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM on behalf of Albert D. Klager, Michele Klager, and Atlantic Insurance & Financial Services, Inc., by Albert D. Klager, Michele Klager. Responses due by 9/26/2018 (Morgan, Michel) |
Filing 163 Defendant's MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM by Theodore F. Leutz, Lynette M. Robbins. Responses due by 9/26/2018 (Harris, Robert) |
Filing 162 Defendant's MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM by FEK Enterprises, Inc., First Financial Tax Group, Inc., Barry M. Kornfeld, Ferne E. Kornfeld. Responses due by 9/26/2018 (Harris, Robert) |
Filing 161 RESPONSE in Opposition re #139 Defendant's MOTION to Bifurcate Class-Certification and Merits Discovery filed by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy. Attorney Charles Leroy Pickett, Jr added to party John Hertvik(pty:pla), Attorney Charles Leroy Pickett, Jr added to party Carla Honig(pty:pla), Attorney Charles Leroy Pickett, Jr added to party Paul Honig(pty:pla), Attorney Charles Leroy Pickett, Jr added to party Carolyn Lippman(pty:pla), Attorney Charles Leroy Pickett, Jr added to party David Lippman(pty:pla), Attorney Charles Leroy Pickett, Jr added to party Hemant Nanavaty(pty:pla), Attorney Charles Leroy Pickett, Jr added to party Gerald Roy(pty:pla). Replies due by 9/19/2018. (Attachments: #1 Exhibit Plaintiffs' First Request to Produce Documents, #2 Exhibit Plaintiffs' First Set of Interrogatories)(Pickett, Charles) |
Filing 160 MOTION to Dismiss for Lack of Jurisdiction #138 Amended Complaint,,,, by Douglas R. Andrew, Paramount Financial Services, Inc.. Responses due by 9/26/2018 (Attachments: #1 Exhibit 1 - Declaration of Douglas R. Andrew)(Monk, Jacob) |
Filing 159 NOTICE by Jerry Davis Raines re #145 MOTION to Stay DISCOVERY MOTION for Protective Order PENDING MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION (Jacobson, Jon) |
Filing 158 MOTION to Dismiss with Prejudice #138 Amended Complaint,,,, by Gordon C. Hannah, Retirement Planning Solutions, LLC, Henry Wieniewitz, Wieniewitz Wealth Management, LLC. Responses due by 9/26/2018 (Lerner, Allan) |
Filing 157 MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM by Jerry Davis Raines. Responses due by 9/26/2018 (Attachments: #1 Exhibit Declaration of Jerry Davis Raines)(Jacobson, Jon) |
Filing 156 MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM by HD Vest Investment Services, Inc.. Responses due by 9/26/2018 (Thomson, Andrew) |
Filing 155 PAPERLESS ORDER. In light of upcoming pretrial deadlines, the Court orders expedited briefing on Defendants' Motion to Stay Discovery and For Protective Order Pending Motions to Dismiss for Lack of Personal Jurisdiction (DE #145 ). Plaintiffs shall file a Response by September 17, 2018. Defendants shall file any Reply by September 19, 2018. Signed by Judge Donald M. Middlebrooks on 9/12/2018. (kal) |
Filing 154 MOTION to Dismiss #138 Amended Complaint,,,, by Robert S. Davis, Jr., Tony MacKenzie, Old Security Financial Group Corp.. Responses due by 9/26/2018 (Lerner, Allan) |
Filing 153 MOTION to Dismiss #138 Amended Complaint,,,, by David Ouelette, Shield Financial Group, Inc.. Responses due by 9/26/2018 (Lerner, Allan) |
Filing 152 MOTION to Dismiss #138 Amended Complaint,,,, by GBH CPAS, PC. Responses due by 9/26/2018 (Kress, Douglas) |
Filing 151 NOTICE of Filing Proposed Summons(es) by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman, Hemant Nanavaty, Gerald Roy (Attachments: #1 Summon(s) as to Jordan E. Goodman) (Galardi, Joseph) |
Filing 150 NOTICE of Compliance by Theodore F. Leutz, Lynette M. Robbins re #147 Order on Motion to Withdraw as Attorney, (Betensky, Gary) |
Attorney Gary Steven Betensky representing Robbins, Lynette M. and Leutz, Theodore (Defendants) Activated. (Betensky, Gary) |
Filing 149 NOTICE by HD Vest Investment Services, Inc. re #145 MOTION to Stay DISCOVERY MOTION for Protective Order PENDING MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION (Thomson, Andrew) |
Filing 148 NOTICE of Attorney Appearance by Robert Charles Harris on behalf of Theodore F. Leutz, Lynette M. Robbins. Attorney Robert Charles Harris added to party Theodore F. Leutz(pty:dft), Attorney Robert Charles Harris added to party Lynette M. Robbins(pty:dft). (Harris, Robert) |
Filing 147 ORDER GRANTING GARY S. BETENSKY. NATHANIEL M. EDENFIELD. AND RICHMAN GREER. P.A.'S UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS. Signed by Judge Donald M. Middlebrooks on 9/7/2018. See attached document for full details. (lbc) |
Filing 146 NOTICE by Robert S. Davis, Jr., Tony MacKenzie, Old Security Financial Group Corp., David Ouelette, Shield Financial Group, Inc. re #145 MOTION to Stay DISCOVERY MOTION for Protective Order PENDING MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION (Lerner, Allan) |
Filing 145 MOTION to Stay DISCOVERY ( Responses due by 9/24/2018), MOTION for Protective Order PENDING MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION by Douglas R. Andrew, Paramount Financial Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Monk, Jacob) |
Filing 144 PAPERLESS ORDER. Defendants Lynette Robbins and Theodore Leutz filed a Motion for Extension of Time to Respond to Second Amended Complaint and Discovery (DE #141 . Defendants represent that Plaintiffs oppose the Motion. Given upcoming deadlines, expedited briefing is required. Plaintiffs must file a response to Defendants' Motion for Extension of Time (DE #141 ) by September 12, 2018. Signed by Judge Donald M. Middlebrooks on 9/8/2018. (kal) |
Filing 143 Defendant's MOTION TO DISMISS #138 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM by Kovak Securities, Inc.. Responses due by 9/21/2018 (Jenks, Debra) |
Filing 142 Unopposed MOTION to Withdraw as Attorney by Gary S. Betensky and Nathaniel M. Edenfield and Richman Greer, P.A. for / by Theodore F. Leutz, Lynette M. Robbins. Responses due by 9/20/2018 (Attachments: #1 Exhibit proposed order)(Betensky, Gary) |
Filing 141 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Second Amended Complaint and Discovery by Theodore F. Leutz, Lynette M. Robbins. (Attachments: #1 Exhibit proposed order)(Betensky, Gary) |
Filing 140 PAPERLESS ORDER. The Court orders expedited briefing on Defendants' Motion to Bifurcate Class-Certification and Merits Discovery (DE #139 ). Plaintiffs must file any response to Defendants' motion by September 12, 2018. Defendants must file any reply by September 14, 2018. Signed by Judge Donald M. Middlebrooks on 9/5/2018. (kal) |
Filing 139 Defendant's MOTION to Bifurcate Class-Certification and Merits Discovery by Atlantic Insurance and Financial Services, Inc., Robert S. Davis, Jr., GBH CPAS, PC, James H. Gilchrist, Sr., HD Vest Investment Services, Inc., Gordon C. Hannah, Albert D. Klager, Michele Klager, Barry M. Kornfeld, Ferne E. Kornfeld, Kovak Securities, Inc., Theodore F. Leutz, Tony MacKenzie, Old Security Financial Group Corp., David Ouelette, Jerry Davis Raines, Lynette M. Robbins, Shield Financial Group, Inc., Henry Wieniewitz, Wieniewitz Wealth Management, LLC. Attorney Gary Steven Betensky added to party Atlantic Insurance and Financial Services, Inc. (pty:dft), Attorney Gary Steven Betensky added to party Robert S. Davis, Jr.(pty:dft), Attorney Gary Steven Betensky added to party GBH CPAS, PC(pty:dft), Attorney Gary Steven Betensky added to party James H. Gilchrist, Sr.(pty:dft), Attorney Gary Steven Betensky added to party HD Vest Investment Services, Inc.(pty:dft), Attorney Gary Steven Betensky added to party Gordon C. Hannah(pty:dft), Attorney Gary Steven Betensky added to party Albert D. Klager(pty:dft), Attorney Gary Steven Betensky added to party Michele Klager(pty:dft), Attorney Gary Steven Betensky added to party Barry M. Kornfeld(pty:dft), Attorney Gary Steven Betensky added to party Ferne E. Kornfeld(pty:dft), Attorney Gary Steven Betensky added to party Kovak Securities, Inc.(pty:dft), Attorney Gary Steven Betensky added to party Tony MacKenzie(pty:dft), Attorney Gary Steven Betensky added to party Old Security Financial Group Corp. (pty:dft), Attorney Gary Steven Betensky added to party David Ouelette(pty:dft), Attorney Gary Steven Betensky added to party Jerry Davis Raines(pty:dft), Attorney Gary Steven Betensky added to party Shield Financial Group, Inc.(pty:dft), Attorney Gary Steven Betensky added to party Henry Wieniewitz(pty:dft), Attorney Gary Steven Betensky added to party Wieniewitz Wealth Management, LLC(pty:dft). Responses due by 9/18/2018 (Betensky, Gary) |
Filing 138 Second AMENDED COMPLAINT and Demand for Jury Trial against Douglas R. Andrew, Atlantic Insurance and Financial Services, Inc., Paula Burke, Andrew G. Costa, David Anthony Cusano, Robert S. Davis, Jr., FEK Enterprises, Inc., First Financial Tax Group, Inc., Florida Tax Advisory Services, Inc., GBH CPAS, PC, James H. Gilchrist, Sr., HD Vest Investment Services, Inc., Gordon C. Hannah, James D. Helgeson, Albert D. Klager, Michele Klager, Knowles System, Inc., Barry M. Kornfeld, Ferne E. Kornfeld, Kovak Securities, Inc., Theodore F. Leutz, Tony MacKenzie, Old Security Financial Group Corp., David Ouelette, PanthRex Asset Management, LLC, Paramount Financial Services, Inc., Jerry Davis Raines, Retirement Planning Solutions, LLC, Lynette M. Robbins, Shield Financial Group, Inc., Henry Wieniewitz, Wieniewitz Wealth Management, LLC filed in response to Order Granting Motion for Leave, filed by Carla Honig, Paul Honig, David Lippman, Carolyn Lippman, John Hertvik, Hemant Nanavaty, Gerald Roy.(Galardi, Joseph) |
Filing 137 ORDER ON MOTIONS TO DISMISS. Amended Complaint due by 8/29/2018. Signed by Judge Donald M. Middlebrooks on 8/17/2018. See attached document for full details. (lbc) |
Filing 136 NOTICE of Change of Address by Gregg Jeffrey Breitbart (Breitbart, Gregg) |
Filing 135 MOTION to Stay Discovery Pending a Determination of This Court's Subject Matter Jurisdiction by HD Vest Investment Services, Inc.. Responses due by 8/22/2018 (Attachments: #1 Exhibit A, #2 Exhibit B)(Thomson, Andrew) |
Filing 134 Clerks Notice to Filer. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (cqs) |
Filing 133 SUPPLEMENT to #126 Order, Set/Reset Deadlines Requesting Supplemental Briefing on CAFA by Lynette M. Robbins (Edenfield, Nathaniel) |
Filing 132 Omnibus Memorandum in Response to Court Order Requesting Briefing on CAFA Exception by Douglas R. Andrew, Atlantic Insurance and Financial Services, Inc., Paula Burke, Robert S. Davis, Jr., FEK Enterprises, Inc., First Financial Tax Group, Inc., GBH CPAS, PC, James H. Gilchrist, Sr., HD Vest Investment Services, Inc., Gordon C. Hannah, Albert D. Klager, Michele Klager, Barry M. Kornfeld, Ferne E. Kornfeld, Kovak Securities, Inc., Tony MacKenzie, Old Security Financial Group Corp., David Ouelette, Paramount Financial Services, Inc., Jerry Davis Raines, Retirement Planning Solutions, LLC, Shield Financial Group, Inc., Henry Wieniewitz, Wieniewitz Wealth Management, LLC (Lerner, Allan)Text Modified on 7/31/2018 (cqs). |
Filing 131 MEMORANDUM of Law re #126 Order, Set/Reset Deadlines (Plaintiffs' Supplemental Brief on CAFA Exceptions) by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman. (Kwan, Andrew) |
Filing 130 PAPERLESS ORDER granting #129 Motion for Extension of Time. Twenty-two Defendants jointly move to extend the Court's deadline to submit supplemental briefing on the CAFA exceptions "[i]n the interests of efficiency and coordination" so that they can "submit a joint brief." (DE #129 ). Finding good cause, the deadline for the moving Defendants to file a single, joint brief on the CAFA exceptions is extended to July 30, 2018. The deadline will not be extended further. Signed by Judge Donald M. Middlebrooks on 7/24/2018. (bwn) |
Filing 129 Joint MOTION for Extension of Time to Submit Supplemental Briefing on CAFA Exceptions re #126 Order, Set/Reset Deadlines by Atlantic Insurance and Financial Services, Inc., Albert D. Klager, Michele Klager. Responses due by 8/7/2018 (Attachments: #1 Exhibit A)(Morgan, Michel) |
Set Deadlines Per DE#128 Miscellaneous Deadline 7/30/2018. (cqs) |
Filing 128 PAPERLESS ORDER granting in part #127 Motion for Extension of Time. The deadline for Defendants Douglas R. Andrew and Paramount Financial Services, Inc. to file any supplemental briefing on the CAFA exceptions pursuant to the Court's Order (DE #126 ) is extended to July 30, 2018. No other extensions will be granted absent a similar showing of good cause. Additionally, to the extent the Parties find it appropriate, the Court welcomes the Parties to file joint briefs to limit the possibility of redundant arguments. Signed by Judge Donald M. Middlebrooks on 7/20/2018. (bwn) |
Filing 127 Unopposed MOTION for Extension of Time to Submit Supplemental Briefing on CAFA Exceptions re #126 Order, Set/Reset Deadlines by Douglas R. Andrew, Paramount Financial Services, Inc.. Responses due by 8/2/2018 (Attachments: #1 Exhibit 1 - Proposed Order)(Redlien, Bradley) |
Filing 126 ORDER Requesting Supplemental Briefing. Responses due by 7/24/2018 Signed by Judge Donald M. Middlebrooks on 7/16/2018. See attached document for full details. (lbc) |
Filing 125 NOTICE OF UNAVAILABILITY by Jerry Davis Raines for dates of 7/19/18-7/29/18 and 11/12/18-11/21/18 (Jacobson, Jon) |
Filing 124 NOTICE of Mediator Selection. Added Howard A. Tescher. (Galardi, Joseph) |
Filing 123 NOTICE by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman Joint Discovery Plan (Galardi, Joseph) |
Filing 122 ORDER SETTING PRETRIAL DEADLINES: Amended Pleadings due by 9/14/2018. Discovery due by 3/11/2019. Joinder of Parties due by 9/14/2018. In Limine Motions due by 3/18/2019. Motions due by 3/18/2019. Pretrial Stipulation due by 5/1/2019. Signed by Judge Donald M. Middlebrooks on 6/7/18. (rms1) #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. |
Filing 121 NOTICE by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman re #108 Order on Motion for Leave to File,,, Order on Motion for Extension of Time to File Response/Reply/Answer,, Joint Notice of Filing Proposed Pretrial Schedules (Galardi, Joseph) |
Filing 120 Notice of Adoption by Atlantic Insurance and Financial Services, Inc., Albert D. Klager, Michele Klager Related document: #116 Response/Reply (Other), filed by FEK Enterprises, Inc., First Financial Tax Group, Inc., Ferne E. Kornfeld, Barry M. Kornfeld, #53 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Atlantic Insurance and Financial Services, Inc., Albert D. Klager, Michele Klager (Breitbart, Gregg) |
Filing 119 REPLY to Response to Motion re #75 MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint and to Dismiss for Failure to State a Claim filed by Douglas R. Andrew, Paramount Financial Services, Inc.. Attorney Jacob Benjamin Monk added to party Douglas R. Andrew(pty:dft), Attorney Jacob Benjamin Monk added to party Paramount Financial Services, Inc.(pty:dft). (Attachments: #1 Exhibit 1 - Chart, #2 Exhibit 2 - Amended Complaint in Primerica Fin. Servs., Inc. v. Mitchell, 48 F. Supp. 2d 1363 (S.D. Fla. 1999).)(Monk, Jacob) |
Filing 118 REPLY to Response to Motion re #66 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Jerry Davis Raines. (Jacobson, Jon) |
Filing 117 Defendant's REPLY to #102 Response in Opposition to Motion,,,,, by Theodore F. Leutz, Lynette M. Robbins. (Betensky, Gary) |
Filing 116 REPLY to #102 Response in Opposition to Motion,,,,, #41 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM by FEK Enterprises, Inc., First Financial Tax Group, Inc., Barry M. Kornfeld, Ferne E. Kornfeld. (Harris, Robert) |
Filing 115 REPLY to Response to Motion re #65 Defendant's MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint Defendant's MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM , #69 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Gordon C. Hannah, Retirement Planning Solutions, LLC, Henry Wieniewitz, Wieniewitz Wealth Management, LLC. (Attachments: #1 Exhibit)(Lerner, Allan) |
Filing 114 REPLY to Response to Motion re #74 MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM , #79 MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint filed by Robert S. Davis, Jr., Tony MacKenzie, Old Security Financial Group Corp., David Ouelette, Shield Financial Group, Inc.. (Lerner, Allan) |
Filing 113 REPLY to Response to Motion re #63 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by HD Vest Investment Services, Inc.. (Thomson, Andrew) |
Filing 112 REPLY to Response to Motion re #64 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Kovak Securities, Inc.. (Jenks, Debra) |
Filing 111 MOTION to Join all defendants MOTION TO DISMISS by James H. Gilchrist, Sr.. (rms1) Modified text on 5/22/2018 (mr1). |
Filing 110 RESPONSE to Motion re #53 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM , #41 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM / Brief of the Securities and Exchange Commission as Amicus Curiae Addressing Whether the First Position Commercial Mortgages Are Securities filed by Securities and Exchange Commission. Replies due by 5/18/2018. (Koonin, Russell) |
Filing 109 REPLY to #102 Response in Opposition to Motion,,,,, #70 MOTION to Dismiss #6 Amended Complaint by GBH CPAS, PC. (Kress, Douglas) |
Filing 107 NOTICE of Attorney Appearance by Christine Nestor on behalf of Securities and Exchange Commission. Attorney Christine Nestor added to party Securities and Exchange Commission(pty:am). (Nestor, Christine) |
Filing 108 ORDER granting #103 Motion for Leave to Participate as Amici curiae related to Defendants' Motion to Dismiss. The SEC must separately file its brief by May 15, 2018. Motion for Extension of Time to File their replies in support of their Motion to Dismiss (DE #105 ) is granted. (See Order for details). (Replies due by 5/24/2018., Calendar Call set for 5/29/2019 01:15 PM before Judge Donald M. Middlebrooks., Jury Trial set for 6/3/2019 09:00 AM before Judge Donald M. Middlebrooks). Signed by Judge Donald M. Middlebrooks on 5/10/2018. (mc) |
Filing 106 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Scheduling Conference held on 5/10/2018. Order to follow. Attorney Appearance(s): Bradley D. Redlien, Brennan Moss, Michel Alexis Morgan, Benette L. Zivley, Robert Charles Harris, Douglas James Kress, Andrew Broin Thomson, Joseph George Galardi, Jonathan Brennan Butler, Debra Anne Jenks, Gary Steven Betensky and Jon Andrew Jacobson. Total time in court: 40 minutes. Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. (gm1) |
Filing 105 MOTION for Extension of Time to File Response/Reply/Answer as to #102 Response in Opposition to Motion,,,,, by Robert S. Davis, Jr., Gordon C. Hannah, Tony MacKenzie, Old Security Financial Group Corp., David Ouelette, Retirement Planning Solutions, LLC, Shield Financial Group, Inc., Henry Wieniewitz, Wieniewitz Wealth Management, LLC. (Attachments: #1 Text of Proposed Order)(Lerner, Allan) |
Filing 104 ORDER GRANTING DEFENDANTS MOTION TO APPEAR TELEPHONICALLY AT SCHEDULING CONFERENCE Signed by Judge Donald M. Middlebrooks on 5/9/18. (rms1) |
Filing 103 MOTION for Leave to File as Amicus Curiae a Brief Related to Defendants' Motions to Dismiss and to Participate as Amicus Curiae by Securities and Exchange Commission. Attorney Russell Koonin added to party Securities and Exchange Commission(pty:am). (Attachments: #1 Exhibit A - Brief of the Securities and Exchange Commission as Amicus Curiae Addressing Whether The First Position Commercial Mortgages Are Securities)(Koonin, Russell) |
Filing 102 RESPONSE in Opposition re #74 MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM , #53 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM , #75 MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint and to Dismiss for Failure to State a Claim, #65 Defendant's MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint Defendant's MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM , #94 Defendant's MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM , #63 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM , #64 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM , #79 MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint , #41 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM , #66 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM , #70 MOTION to Dismiss #6 Amended Complaint , #69 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman. Replies due by 5/14/2018. (Galardi, Joseph) |
Filing 101 ENDORSED ORDER granting #99 Motion for Leave to File Excess Pages. The page limit for Plaintiffs' Response to Defendants' Motions to Dismiss is increased to forty (40) pages. Signed by Judge Donald M. Middlebrooks on 5/7/2018. (kal) |
Filing 100 MOTION for Leave to Appear Telephonically Scheduling Conference. Attorney/Representative: Benette Zivley by Robert S. Davis, Jr., Tony MacKenzie, Old Security Financial Group Corp., David Ouelette, Shield Financial Group, Inc.. Responses due by 5/21/2018 (Attachments: #1 Text of Proposed Order)(Lerner, Allan) |
Filing 99 Plaintiff's MOTION for Leave to File Excess Pages by Paul Honig. (Butler, Jonathan) |
Filing 98 ORDER OF INSTRUCTIONS TO PRO SE LITIGANT Signed by Judge Donald M. Middlebrooks on 5/4/2018. (dj) |
Filing 97 ORDER on Defendant Gilchrist's Motion for Clarificationgranting #95 Motion for Clarification. Scheduling Conference set for 5/10/2018 01:30 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 5/4/2018. (dj) |
Filing 96 Joint SCHEDULING REPORT - Rule 16.1 by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman (Attachments: #1 Appendix A - Plaintiffs' Proposed Order, #2 Appendix B - Plaintiffs' Proposed Order)(Galardi, Joseph) |
Filing 94 Defendant's MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM by Lynette M. Robbins, Theodore F. Leutz. Responses due by 5/14/2018 (Betensky, Gary) Modified to add filer on 5/1/2018 (jua). |
Filing 93 NOTICE of Attorney Appearance by Nathaniel Mark Edenfield on behalf of Theodore F. Leutz, Lynette M. Robbins. Attorney Nathaniel Mark Edenfield added to party Theodore F. Leutz(pty:dft), Attorney Nathaniel Mark Edenfield added to party Lynette M. Robbins(pty:dft). (Edenfield, Nathaniel) |
Filing 92 NOTICE of Attorney Appearance by Gary Steven Betensky on behalf of Theodore F. Leutz, Lynette M. Robbins. Attorney Gary Steven Betensky added to party Theodore F. Leutz(pty:dft), Attorney Gary Steven Betensky added to party Lynette M. Robbins(pty:dft). (Betensky, Gary) |
Filing 95 MOTION for Clarification re: Scheduling Conference, MOTION to Appoint Counsel by James H. Gilchrist, Sr.. Responses due by 5/9/2018 (yha) |
Filing 91 MOTION to Appoint Counsel ( Responses due by 5/9/2018), Scheduling Conference re #57 Order,, Set/Reset Deadlines/Hearings, by James H. Gilchrist, Sr.. (mee) |
Filing 90 Order Dismissing Defendants Benjamin A. Heidari and William Blair & Company Signed by Judge Donald M. Middlebrooks on 4/25/18. (rms1) |
Filing 89 ORDER GRANTING DEFENDANTS' MOTION TO APPEAR TELEPHONICALLY AT SCHEDULING CONFERENCE Signed by Judge Donald M. Middlebrooks on 4/25/18. (rms1) |
Filing 88 NOTICE of Voluntary Dismissal of Benjamin A. Heidari and William Blair & Company by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman (Galardi, Joseph) |
Filing 87 MOTION Unopposed Motion to Attend Scheduling Conference Telephonically re #57 Order,, Set/Reset Deadlines/Hearings, by Douglas R. Andrew, Paramount Financial Services, Inc.. (Attachments: #1 Exhibit 1 - Proposed Order)(Redlien, Bradley) |
Filing 86 SUGGESTION OF BANKRUPTCY by Knowles System, Inc. (Shuker, R) |
Filing 85 ENDORSED ORDER denying as moot #80 Motion to Amend/Correct, in light of Order at DE 83. Signed by Judge Donald M. Middlebrooks on 4/19/2018. (kal) |
Filing 84 ENDORSED ORDER denying as moot #78 Motion for Extension of Time to File Response/Reply/Answer, in light of Order at DE 83. Signed by Judge Donald M. Middlebrooks on 4/19/2018. (kal) |
Filing 83 ENDORSED ORDER. The deadline for Defendants Shield Financial Group, Inc. and David Ouellette to respond to the Amended Complaint (DE 6) is extended to April 27, 2018. Signed by Judge Donald M. Middlebrooks on 4/19/2018. (kal) |
Filing 82 NOTICE by David Ouelette, Shield Financial Group, Inc. re #78 Unopposed MOTION for Extension of Time to File Response/Reply/Answer (Attachments: #1 Exhibit) (Lerner, Allan) |
Filing 81 NOTICE of Striking #80 MOTION to Amend/Correct #78 Unopposed MOTION for Extension of Time to File Response/Reply/Answer filed by Shield Financial Group, Inc., David Ouelette by David Ouelette, Shield Financial Group, Inc. (Lerner, Allan) |
Filing 80 STRICKEN MOTION to Amend/Correct #78 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by David Ouelette, Shield Financial Group, Inc.. Responses due by 5/2/2018 (Attachments: #1 Exhibit Text of Proposed Order)(Lerner, Allan) Modified on 4/23/2018 (rms1). |
Filing 79 MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint by David Ouelette, Shield Financial Group, Inc.. Responses due by 5/1/2018 (Attachments: #1 Exhibit)(Lerner, Allan) |
Filing 78 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by David Ouelette, Shield Financial Group, Inc.. (Lerner, Allan) |
Filing 77 ENDORSED ORDER granting #73 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Benette L. Zivley. Signed by Judge Donald M. Middlebrooks on 4/17/2018. (kal) |
Filing 76 ENDORSED ORDER granting #72 Motion for Extension of Time. The deadline for Defendants Old Security Financial Group, Inc., Tony MacKenzie, and Robert S. Davis, Jr. to respond to the Amended Complaint (DE #6 ) is extended to April 27, 2018. Signed by Judge Donald M. Middlebrooks on 4/17/2018. (kal) |
Filing 75 MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint and to Dismiss for Failure to State a Claim by Douglas R. Andrew, Paramount Financial Services, Inc.. Responses due by 4/30/2018 (Attachments: #1 Exhibit 1 - Declaration)(Redlien, Bradley) |
Filing 74 MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint , MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM ( Responses due by 4/30/2018) by Robert S. Davis, Jr., Tony MacKenzie, Old Security Financial Group Corp.. (Attachments: #1 Exhibit, #2 Exhibit)(Lerner, Allan) |
Filing 73 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Benette L. Zivley. Filing Fee $ 75.00 Receipt # 113C-10570112 by David Ouelette, Shield Financial Group, Inc.. Attorney Allan Michael Lerner added to party David Ouelette(pty:dft), Attorney Allan Michael Lerner added to party Shield Financial Group, Inc.(pty:dft). Responses due by 4/27/2018 (Attachments: #1 Text of Proposed Order)(Lerner, Allan) |
Filing 72 MOTION for Extension of Time to File Response/Reply/Answer as to #6 Amended Complaint by Robert S. Davis, Jr., Tony MacKenzie, Old Security Financial Group Corp.. (Attachments: #1 Text of Proposed Order)(Lerner, Allan) |
Filing 71 ENDORSED ORDER granting #68 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Benette L. Zivley. Signed by Judge Donald M. Middlebrooks on 4/12/2018. (kal) |
Filing 70 MOTION to Dismiss #6 Amended Complaint by GBH CPAS, PC. Responses due by 4/26/2018 (Attachments: #1 Exhibit 1)(Kress, Douglas) |
Filing 69 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM by Gordon C. Hannah, Retirement Planning Solutions, LLC. Responses due by 4/26/2018 (Lerner, Allan) |
Filing 68 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Benette L. Zivley. Filing Fee $ 75.00 Receipt # 113C-10565394 by Robert S. Davis, Jr., Tony MacKenzie, Old Security Financial Group Corp.. Attorney Allan Michael Lerner added to party Robert S. Davis, Jr.(pty:dft), Attorney Allan Michael Lerner added to party Tony MacKenzie(pty:dft), Attorney Allan Michael Lerner added to party Old Security Financial Group Corp. (pty:dft). Responses due by 4/26/2018 (Attachments: #1 Text of Proposed Order)(Lerner, Allan) |
Filing 67 ORDER granting #60 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Brennan Moss. Signed by Judge Donald M. Middlebrooks on 4/10/2018. (kal) |
Filing 66 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM by Jerry Davis Raines. Responses due by 4/24/2018 (Jacobson, Jon) |
Filing 65 Defendant's MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint , Defendant's MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM ( Responses due by 4/23/2018) by Henry Wieniewitz, Wieniewitz Wealth Management, LLC. (Attachments: #1 Exhibit Declaration)(Lerner, Allan) |
Filing 64 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM by Kovak Securities, Inc.. Responses due by 4/23/2018 (Jenks, Debra) |
Filing 63 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM by HD Vest Investment Services, Inc.. Responses due by 4/20/2018 (Thomson, Andrew) |
Filing 62 Consent by Pro Se Litigant (Non-Prisoner) James H. Gilchrist, Sr. to receive Notices of Electronic Filing at email address: incomewithjim@gmail.com (rms1) |
Filing 61 Order Dismissing Defendants Putnam Retail Management Limited Partnership and Luke Daniel Van Houten Signed by Judge Donald M. Middlebrooks on 4/5/2018. (rms1) |
Filing 60 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brennan Moss. Filing Fee $ 75.00 Receipt # 113C-10546394 by Douglas R. Andrew, Paramount Financial Services, Inc.. Responses due by 4/19/2018 (Attachments: #1 Text of Proposed Order)(Redlien, Bradley) |
Filing 59 NOTICE of Voluntary Dismissal of Defendants Luke Daniel Van Houten and Putnam Retail Management Limited Partnership by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman (Galardi, Joseph) |
Filing 58 Order Dismissing Defendants Richard D. Fritz and Prudential Annuities Distributors, Inc. Signed by Judge Donald M. Middlebrooks on 4/4/18. (rms1) |
Filing 57 ORDER SETTING SCHEDULING CONFERENCE, ( -Joint Scheduling Report due by 5/2/2018, Scheduling Conference set for 5/10/2018 01:30 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 4/3/18. (rms1) |
Filing 56 NOTICE of Voluntary Dismissal of Defendants Richard D. Fritz and Prudential Annuities Distributors, Inc. by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman (Galardi, Joseph) |
Reset Deadlines Per DE#54. Responses due by 5/7/2018 Replies due by 5/14/2018. (cqs) |
Filing 55 ENDORSED ORDER denying as moot #50 Motion for Extension of Time. In light of this Court's Order permitting Plaintiffs to file an Omnibus Response to all of Defendants' Rule 12(b) motions, Plaintiffs' Motion is denied as moot. Signed by Judge Donald M. Middlebrooks on 4/2/2018. (kal) |
Filing 54 ENDORSED ORDER granting #52 Motion for Leave to File Omnibus Response to Defendants' Rule 12(b) Motions. Plaintiffs may file a single omnibus response to all Rule 12(b) motions filed by Defendants in this matter. The deadline for Plaintiffs to file any Omnibus Response is May 7, 2018. The deadline for Defendants who filed a Rule 12(b) Motion to file any reply in response to Plaintiffs' Omnibus Response is May 14, 2018. Signed by Judge Donald M. Middlebrooks on 4/2/2018. (kal) |
Filing 53 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM by Atlantic Insurance and Financial Services, Inc., Albert D. Klager, Michele Klager. Responses due by 4/16/2018 (Attachments: #1 Exhibit "A")(Morgan, Michel) |
Filing 52 Plaintiff's MOTION for Leave to File Omnibus Response to Defendants Rule 12(B) Motions by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman. (Attachments: #1 Text of Proposed Order Order Granting Plaintiffs Motion for Leave to File Omnibus Response to Defendants Rule 12(B) Motions)(Galardi, Joseph) |
Filing 51 Clerks Notice to Filer re #50 Unopposed MOTION for Extension of Time to Respond to Kornfeld Defendants' Motion to Dismiss re #41 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
Filing 50 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #41 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman. Responses due by 4/11/2018 (Attachments: #1 Text of Proposed Order)(Galardi, Joseph) Modified Relief on 3/29/2018 (ls). |
Filing 49 STATUS REPORT ON SERVICE by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman (Attachments: #1 Exhibit A)(Galardi, Joseph) |
Reset Deadlines Douglas R. Andrew answer due 4/16/2018; Paramount Financial Services, Inc. answer due 4/16/2018. (cqs) |
Filing 48 ENDORSED ORDER granting #47 Motion for Extension of Time. The deadline for Defendants Douglas R. Andrew and Paramount Financial Services, Inc. to respond to the Amended Complaint (DE 6) is extended to April 16, 2018. Signed by Judge Donald M. Middlebrooks on 3/26/2018. (kal) |
Filing 47 Unopposed MOTION for Extension of Time to Respond to Plaintiffs' First Amended Complaint re #6 Amended Complaint by Douglas R. Andrew, Paramount Financial Services, Inc.. Attorney Bradley D. Redlien added to party Douglas R. Andrew(pty:dft), Attorney Bradley D. Redlien added to party Paramount Financial Services, Inc.(pty:dft). Responses due by 4/9/2018 (Attachments: #1 Exhibit 1 - Proposed Order)(Redlien, Bradley) |
Filing 46 ENDORSED ORDER granting #43 Motion for Extension of Time to File Response to Complaint. The deadline for Defendant GBH CPAS, PC to respond to the Amended Complaint (DE #6 ) is extended to April 13, 2018. Signed by Judge Donald M. Middlebrooks on 3/21/2018. (kal) |
Filing 45 ENDORSED ORDER granting #42 Motion for Extension of Time to File Response to Complaint. The deadline for Defendant Jerry Davis Raines to respond to the Amended Complaint (DE #6 ) is extended to April 10, 2018. Signed by Judge Donald M. Middlebrooks on 3/21/2018. (kal) |
Filing 44 ENDORSED ORDER granting #39 Motion for Extension of Time to File Response to Complaint. The deadline for Defendants Gordon C. Hannah and Retirement Planning Solutions, LLC to respond to the Amended Complaint (DE #6 ) is extended to April 13, 2018. Signed by Judge Donald M. Middlebrooks on 3/21/2018. (kal) |
Filing 43 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #6 Amended Complaint by GBH CPAS, PC. (Attachments: #1 Text of Proposed Order)(Kress, Douglas) |
Filing 42 MOTION for Extension of Time to File Response/Reply/Answer as to #6 Amended Complaint by Jerry Davis Raines. Attorney Jon Andrew Jacobson added to party Jerry Davis Raines(pty:dft). (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order)(Jacobson, Jon) |
Filing 41 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM by First Financial Tax Group, Inc., Florida Tax Advisory Services, Inc., Barry M. Kornfeld, Ferne E. Kornfeld. Attorney Robert Charles Harris added to party Florida Tax Advisory Services, Inc. (pty:dft). Responses due by 4/3/2018 (Harris, Robert) |
Filing 40 NOTICE of Attorney Appearance by Douglas James Kress on behalf of GBH CPAS, PC. Attorney Douglas James Kress added to party GBH CPAS, PC(pty:dft). (Kress, Douglas) |
Filing 39 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to the amended complaint by Gordon C. Hannah, Retirement Planning Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Lerner, Allan) |
Filing 38 ENDORSED ORDER granting #36 Motion for Extension of Time to File Response to Complaint. The deadline for Defendants Albert D. Klager, Michele Klager, and Atlantic Insurance & Financial Services, Inc. to respond to the Amended Complaint (DE #6 ) is extended to April 2, 2018. Signed by Judge Donald M. Middlebrooks on 3/19/2018. (kal) |
Filing 37 NOTICE of Attorney Appearance by Allan Michael Lerner on behalf of Gordon C. Hannah, Retirement Planning Solutions, LLC. Attorney Allan Michael Lerner added to party Gordon C. Hannah(pty:dft), Attorney Allan Michael Lerner added to party Retirement Planning Solutions, LLC(pty:dft). (Lerner, Allan) |
Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #6 Amended Complaint by Atlantic Insurance and Financial Services, Inc., Albert D. Klager, Michele Klager. Attorney Gregg Jeffrey Breitbart added to party Atlantic Insurance and Financial Services, Inc. (pty:dft), Attorney Gregg Jeffrey Breitbart added to party Albert D. Klager(pty:dft), Attorney Gregg Jeffrey Breitbart added to party Michele Klager(pty:dft). (Attachments: #1 Text of Proposed Order)(Breitbart, Gregg) |
Filing 35 NOTICE of Attorney Appearance by Michel Alexis Morgan on behalf of Atlantic Insurance and Financial Services, Inc., Albert D. Klager, Michele Klager. Attorney Michel Alexis Morgan added to party Atlantic Insurance and Financial Services, Inc. (pty:dft), Attorney Michel Alexis Morgan added to party Albert D. Klager(pty:dft), Attorney Michel Alexis Morgan added to party Michele Klager(pty:dft). (Morgan, Michel) |
Filing 34 ENDORSED ORDER granting #28 Motion for Extension of Time to File Response to Complaint. The deadline for Defendant Kovack Securities Inc. to respond to the Amended Complaint (DE #6 ) is extended to April 9, 2018. Signed by Judge Donald M. Middlebrooks on 3/19/2018. (kal) |
Filing 33 ENDORSED ORDER granting #27 Motion for Extension of Time to File Response to Complaint. The deadline for Defendant H.D. Vest Investment Services, Inc. to respond to the Amended Complaint (DE #6 ) is extended to April 6, 2018. Signed by Judge Donald M. Middlebrooks on 3/19/2018. (kal) |
Filing 32 ENDORSED ORDER granting #24 Motion for Extension of Time to File Response to Complaint. The deadline for Defendants Wieniewitz Wealth Management, LLC and Henry John Wieniewitz to respond to the Amended Complaint (DE #6 ) is extended to April 9, 2018. Signed by Judge Donald M. Middlebrooks on 3/19/2018. (kal) |
Filing 31 ENDORSED ORDER. In the Status Report on Service (DE #22 ), Plaintiffs represent that twenty-seven of forty Defendants have been served in this matter. Plaintiffs state that service is still being attempted on four defendants, and that Plaintiffs are having difficulty serving the remaining nine defendants. In addition, based on Exhibit A to the Status Report, it appears that many defendants have been served but have yet to retain counsel or appear in this matter. In light of the fact that Plaintiffs need more time to serve the remaining defendants, and that several served defendants have not yet retained counsel or appeared in this matter, Plaintiffs are ORDERED to file another Status Report on Service on March 28, 2018. The Court will re-evaluate when to set a Scheduling Conference after reviewing that report. Signed by Judge Donald M. Middlebrooks on 3/19/2018. (kal) |
Filing 30 NOTICE of Attorney Appearance by Neil S. Baritz on behalf of HD Vest Investment Services, Inc.. Attorney Neil S. Baritz added to party HD Vest Investment Services, Inc.(pty:dft). (Baritz, Neil) |
Filing 29 Clerks Notice to Filer re #28 MOTION for Extension of Time Proposed Order . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
Filing 28 Motion for Extension of Time to File Response/Reply/Answer as to #6 Amended Complaint by Kovak Securities, Inc.. Responses due by 3/30/2018 (Attachments: #1 Text of Proposed Order)(Jenks, Debra) Modified Relief on 3/19/2018 (ls). |
Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #6 Amended Complaint by HD Vest Investment Services, Inc.. Attorney Andrew Broin Thomson added to party HD Vest Investment Services, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Thomson, Andrew) |
Filing 26 ANSWER to Complaint by James H. Gilchrist, Sr.. (rms1) |
Filing 25 NOTICE of Attorney Appearance by Robert John Harvey on behalf of Kovak Securities, Inc.. Attorney Robert John Harvey added to party Kovak Securities, Inc.(pty:dft). (Harvey, Robert) |
Filing 24 MOTION for Extension of Time to File Response/Reply/Answer by Henry Wieniewitz, Wieniewitz Wealth Management, LLC. (Attachments: #1 Text of Proposed Order)(Lerner, Allan) |
Filing 23 NOTICE of Attorney Appearance by Debra Anne Jenks on behalf of Kovak Securities, Inc.. Attorney Debra Anne Jenks added to party Kovak Securities, Inc.(pty:dft). (Jenks, Debra) |
Filing 22 STATUS REPORT ON SERVICE by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman (Attachments: #1 Exhibit A)(Galardi, Joseph) |
Filing 21 NOTICE of Attorney Appearance by Allan Michael Lerner on behalf of Henry Wieniewitz, Wieniewitz Wealth Management, LLC. Attorney Allan Michael Lerner added to party Henry Wieniewitz(pty:dft), Attorney Allan Michael Lerner added to party Wieniewitz Wealth Management, LLC(pty:dft). (Lerner, Allan) |
Filing 20 ORDER STAYING SCHEDULING ORDERS AND SETTING DEADLINE FOR STATUS REPORT ON SERVICE ( Status Report due by 3/14/18.) Signed by Judge Donald M. Middlebrooks on 2/27/18. (rms1) |
Set/Reset Deadlines/Hearings Discovery due by 6/4/2018. In Limine Motions due by 6/18/2018. Motions due by 6/18/2018. Pretrial Stipulation due by 8/17/2018. Calendar Call set for 9/12/2018 01:15 PM before Judge Donald M. Middlebrooks. Jury Trial set for 9/17/2018 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. (rms1) |
Filing 19 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Scheduling Conference held on 2/27/2018. Attorney Appearance(s): Joseph George Galardi, Esq., Jonathan Brennan Butler, Esq. and Robert Charles Harris, Esq. Order to follow. Total time in court: 45 minutes. Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov. (gm1) |
Filing 18 Joint SCHEDULING REPORT - Rule 16.1 by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman (Attachments: #1 Appendix A - Proposed Scheduling Order)(Galardi, Joseph) |
Filing 17 Summons Issued as to Albert D. Klager, Michele Klager, Theodore F. Leutz, Lynette M. Robbins. (rms1) |
Filing 16 NOTICE of Filing Proposed Summons(es) (Corrected) by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman (Galardi, Joseph) |
Filing 15 Summons Issued as to Douglas R. Andrew, Atlantic Insurance and Financial Services, Inc., Andrew G. Costa, David Anthony Cusano, Florida Tax Advisory Services, Inc., James H. Gilchrist, Sr., Gordon C. Hannah, Knowles System, Inc., Retirement Planning Solutions, LLC, Lynette M. Robbins. (rms1) |
Filing 14 Summons Issued as to Paula Burke, Robert S. Davis, Jr., HD Vest Investment Services, Inc., Benjamin A. Heidari, James D. Helgeson, Kovak Securities, Inc., Tony MacKenzie, Old Security Financial Group Corp., Paramount Financial Services, Inc. d/b/a Live Abundant and Live Abundant Financial, Jerry Davis Raines. (rms1) |
Filing 13 Summons Issued as to Richard D. Fritz, Lighthouse Financial Advisors, Inc., d/b/a Lighthouse Wealth Management, David Ouelette, PanthRex Asset Management, LLC, Prudential Annuities Distributors, Inc., Putnam Retail Management Limited Partnership, Shield Financial Group, Inc., Luke Daniel Van Houten, Henry Wieniewitz, Wieniewitz Wealth Management, LLC, William Blair & Company. (rms1) |
Filing 12 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Lynette M. Robbins, Theodore F. Leutz, Knowles System, Inc., Albert D. Klager, Michele Klager, Atlantic Insurance and Financial Services, Inc., Andrew G. Costa, David Anthony Cusano, James H. Gilchrist, Sr., Florida Tax Advisory Services, Inc., Gordon C. Hannah, Retirement Planning Solutions, LLC, Douglas R. Andrew, Paramount Financial Services, Inc. d/b/a Live Abundant and Live Abundant Financial, Robert S. Davis, Jr., Tony MacKenzie, Paula Burke, Old Security Financial Group Corp., James D. Helgeson, Kovak Securities, Inc., Jerry Davis Raines, HD Vest Investment Services, Inc., Benjamin A. Heidari, William Blair & Company, Richard D. Fritz, Prudential Annuities Distributors, Inc., Lighthouse Financial Advisors, Inc., d/b/a Lighthouse Wealth Management, Luke Daniel Van Houten, Putnam Retail Management Limited Partnership, David Ouelette, Shield Financial Group, Inc., PanthRex Asset Management, LLC, Henry Wieniewitz and Wieniewitz Wealth Management, LLC. (Galardi, Joseph) |
Filing 11 NOTICE of Filing Proposed Summons(es) by John Hertvik, Carla Honig, Paul Honig, Carolyn Lippman, David Lippman (Galardi, Joseph) |
Filing 10 ORDER denying #9 Motion to Amend/Correct. -Joint Scheduling Report due by 2/26/2018 Scheduling Conference set for 2/27/2018 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 2/14/18. (rms1) |
Filing 9 Plaintiff's MOTION to Amend/Correct #8 Scheduling Order, Order Referring Case to Mediation,,,,,, by Carla Honig, Paul Honig. Responses due by 2/27/2018 (Butler, Jonathan) |
Filing 8 SCHEDULING ORDER: ( Jury Trial set for 9/17/2018 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 9/12/2018 01:15 PM before Judge Donald M. Middlebrooks., Amended Pleadings due by 2/26/2018., Discovery due by 6/4/2018., Joinder of Parties due by 2/26/2018., In Limine Motions due by 6/18/2018., Motions due by 6/18/2018., Pretrial Stipulation due by 8/17/2018.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 2/7/18. (rms1) #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. |
Filing 7 SCHEDULING ORDER: ( Jury Trial set for 9/17/2018 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 9/12/2018 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Scheduling Order. Signed by Judge Donald M. Middlebrooks on 2/2/18. (rms1) #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. |
Filing 6 First AMENDED COMPLAINT and Demand for Jury Trial against All Defendants, filed by David Lippman, Carla Honig, Paul Honig, Carolyn Lippman, John Hertvik.(Thibaut, Matthew) |
Filing 5 WAIVER OF SERVICE Returned Executed by David Lippman, Carla Honig, Paul Honig, Carolyn Lippman, John Hertvik. FEK Enterprises, Inc. waiver sent on 1/19/2018, answer due 3/20/2018; First Financial Tax Group, Inc. waiver sent on 1/19/2018, answer due 3/20/2018; Barry M. Kornfeld waiver sent on 1/19/2018, answer due 3/20/2018; Ferne E. Kornfeld waiver sent on 1/19/2018, answer due 3/20/2018. (Galardi, Joseph) |
Filing 4 NOTICE of Attorney Appearance by Robert Charles Harris on behalf of FEK Enterprises, Inc., First Financial Tax Group, Inc., Barry M. Kornfeld, Ferne E. Kornfeld. Attorney Robert Charles Harris added to party FEK Enterprises, Inc.(pty:dft), Attorney Robert Charles Harris added to party First Financial Tax Group, Inc.(pty:dft), Attorney Robert Charles Harris added to party Barry M. Kornfeld(pty:dft), Attorney Robert Charles Harris added to party Ferne E. Kornfeld(pty:dft). (Harris, Robert) |
Filing 3 Summons Issued as to FEK Enterprises, Inc., First Financial Tax Group, Inc., GBH CPAS, PC, Barry M. Kornfeld, Ferne E. Kornfeld. (rms1) |
Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (rms1) |
Filing 1 COMPLAINT and Demand for Jury Trial against All Defendants. Filing fees $ 400.00 receipt number 113C-10308003, filed by David Lippman, Carla Honig, Paul Honig, Carolyn Lippman, John Hertvik. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Galardi, Joseph) Modified on 6/10/2019 (mr1). |
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