TIMBERCREEK ASSET MANAGEMENT, INC. v. De Guardiola
Plaintiff: TIMBERCREEK ASSET MANAGEMENT, INC.
Defendant: Eduard De Guardiola
Case Number: 9:2019cv80062
Filed: January 16, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Bruce E Reinhart
Referring Judge: Robin L Rosenberg
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 12, 2019 Filing 26 ACKNOWLEDGMENT OF RECEIPT as to #25 Transmittal Letter Sent, #24 Order Remanding Case to State Court. (kpe)
February 27, 2019 Filing 25 Transmittal Letter Sent with Order of Remand to: 015th Judicial Circuit Court. State Court Case Number: 502018CA016187XXXXMB (kpe)
February 26, 2019 Opinion or Order Filing 24 ORDER GRANTING PLAINTIFFS #11 MOTION TO REMAND. The Clerk of the Court shall REMAND this matter to the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, and the Clerk of the Court shall CLOSE THIS CASE. Signed by Judge Robin L. Rosenberg on 2/26/2019. See attached document for full details. (kpe)
February 21, 2019 Filing 23 REPLY to Response to Motion re #11 Plaintiff's MOTION to Remand and For Costs and Memorandum of Law In Support Thereof filed by TIMBERCREEK ASSET MANAGEMENT, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Andren, John)
February 21, 2019 Filing 22 REPLY to Response to Motion re #9 MOTION to Change Venue Under 28 U.S.C. 1404 and Incorporated Memorandum of Law filed by Eduard De Guardiola. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Shawde, John)
February 21, 2019 Filing 21 REPLY to Response to Motion re #8 Amended MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), filed by Eduard De Guardiola. (Shawde, John)
February 19, 2019 Filing 20 RESPONSE to Motion re #11 Plaintiff's MOTION to Remand and For Costs and Memorandum of Law In Support Thereof filed by Eduard De Guardiola. Replies due by 2/26/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Shawde, John)
February 15, 2019 Filing 19 RESPONSE in Opposition re #8 Amended MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), filed by TIMBERCREEK ASSET MANAGEMENT, INC.. Replies due by 2/22/2019. (Andren, John)
February 14, 2019 Filing 18 RESPONSE in Opposition re #9 MOTION to Change Venue Under 28 U.S.C. 1404 and Incorporated Memorandum of Law filed by TIMBERCREEK ASSET MANAGEMENT, INC.. Replies due by 2/21/2019. (Andren, John)
February 14, 2019 Opinion or Order Filing 17 PAPERLESS ORDER granting in part and denying in part #16 Motion for Extension of Time. Plaintiff's response to the Motion to Dismiss is due by no later than 12:00 pm noon on 2/15/19. Defendant's reply will remain due by no later than 5:00 pm on 2/21/19. Signed by Judge Robin L. Rosenberg on 2/14/2019. (kbs)
February 14, 2019 Filing 16 Unopposed MOTION for Extension of Time Plaintiff's Unopposed Motion for Enlargement of Time to Respond to Defendant's Motion to Dismiss by TIMBERCREEK ASSET MANAGEMENT, INC.. Responses due by 2/28/2019 (Attachments: #1 Proposed Order Granting Plaintiff's Unopposed Motion for Enlargement of Time)(Andren, John)
February 14, 2019 Opinion or Order Filing 15 PAPERLESS ORDER setting briefing schedule on the Motions at DE 8, 9, and 11. Responses to Defendant's Motion to Dismiss at DE 8 and Motion to Change Venue at DE 9 remain due on 2/14/19. Replies to the Motion to Dismiss and Motion to Change Venue are by no later than 5:00 pm on 2/21/19. In addition, responses to Plaintiff's Motion to Remand at DE 11 are expedited: Responses to the Motion to Remand are due by no later than 12:00 pm noon on 2/19/19. Replies to the Motion to Remand are due by no later than 5:00 pm on 2/21/19. Signed by Judge Robin L. Rosenberg on 2/14/2019. (kbs)
February 13, 2019 Filing 14 Joint SCHEDULING REPORT - Rule 26(f) by TIMBERCREEK ASSET MANAGEMENT, INC. (Attachments: #1 Scheduling Order)(Andren, John)
February 13, 2019 Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint), with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by TIMBERCREEK ASSET MANAGEMENT, INC.. Eduard De Guardiola served on 2/11/2019, answer due 3/4/2019. (Attachments: #1 Exhibit Return of Service)(Andren, John)
February 8, 2019 Filing 12 NOTICE by TIMBERCREEK ASSET MANAGEMENT, INC. Plaintiff's Notice of Waiver of Service (Membiela, Gustavo)
February 8, 2019 Filing 11 Plaintiff's MOTION to Remand and For Costs and Memorandum of Law In Support Thereof by TIMBERCREEK ASSET MANAGEMENT, INC.. (Attachments: #1 Exhibit de Guardiola Deposition REDACTED, #2 Exhibit Appraiser Report)(Membiela, Gustavo)
February 5, 2019 Opinion or Order Filing 10 STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 2/5/2019. See attached document for full details. (kpe)
January 31, 2019 Filing 9 MOTION to Change Venue Under 28 U.S.C. 1404 and Incorporated Memorandum of Law by Eduard De Guardiola. Responses due by 2/14/2019 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Shawde, John)
January 31, 2019 Filing 8 Amended MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by Eduard De Guardiola. Responses due by 2/14/2019 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Shawde, John)
January 31, 2019 Filing 7 NOTICE OF WITHDRAWAL OF MOTION by Eduard De Guardiola re #6 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), filed by Eduard De Guardiola (Shawde, John)
January 30, 2019 Filing 6 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by Eduard De Guardiola. Responses due by 2/13/2019 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Shawde, John)
January 30, 2019 Opinion or Order Filing 5 ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, AND TRIAL DATE, ORDER OF REQUIREMENTS, AND ORDER OF REFERENCE TO MAGISTRATE JUDGE: ( Jury Trial set for 1/21/2020 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 1/15/2020 09:00 AM before Judge Robin L. Rosenberg., Status Conference set for 12/4/2019 09:30 AM before Judge Robin L. Rosenberg.) Signed by Judge Robin L. Rosenberg on 1/30/2019. See attached document for full details. (kpe) #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.
January 29, 2019 Filing 4 STATUS REPORT by Eduard De Guardiola (Shawde, John)
January 22, 2019 Filing 3 NOTICE OF COURT PRACTICE IN REMOVAL CASES. Signed by Judge Robin L. Rosenberg on 1/22/2019. See attached document for full details. (kpe)
January 16, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Bruce E. Reinhart. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (jao)
January 16, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Declaratory Judgment, Injunctive Relief, and Damages) Filing fee $ 400.00 receipt number 113C-11318605, filed by Eduard Deguardiola. No Answer and/or Motion to Dismiss Filed. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Shawde, John) Modified on 1/16/2019 (jao).

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Defendant: Eduard De Guardiola
Represented By: John Daniel Eaton
Represented By: John C. Shawde
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Plaintiff: TIMBERCREEK ASSET MANAGEMENT, INC.
Represented By: John Michael Andren
Represented By: Gustavo Javier Membiela
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