Cecchini et al. v. CETERA FINANCIAL GROUP, INC. et al.
Albert Oppedisano and James Cecchini |
Cetera Financial Group, Inc., Lincoln Investment Capital Holdings, LLC, Edward Forst, Jr., Legend Group Holdings, LLC, Adam Antoniades and First Allied Holdings, Inc. |
9:2019cv80215 |
February 13, 2019 |
US District Court for the Southern District of Florida |
Kenneth A Marra |
William Matthewman |
Contract: Other |
28 U.S.C. § 1330 |
Plaintiff |
Docket Report
This docket was last retrieved on May 21, 2020. A more recent docket listing may be available from PACER.
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Filing 66 PAPERLESS ORDER denying as moot #59 Motion to Compel; granting #65 Motion to Withdraw, and cancelling hearing. The Court has reviewed the Parties' Joint Motion to Cancel Discovery Hearing [DE 65]. In the Motion, the parties have represented that they have resolved the pending discovery dispute. Accordingly, the Joint Motion to Cancel the Discovery Hearing [DE 65] is GRANTED, Plaintiff's Motion to Compel [DE 59] is DENIED AS MOOT, and the hearing scheduled for July 30, 2019 is hereby CANCELLED. Signed by Magistrate Judge William Matthewman on 7/30/2019. (ak01) |
Filing 65 Joint MOTION to Withdraw Document #59 MOTION to Compel Documents Responsive to Pltf's Request for Production and Cancel Discovery Hearing by James Cecchini, Albert Oppedisano. Responses due by 8/13/2019 (Thibaut, Matthew) |
Filing 64 NOTICE by James Cecchini, Albert Oppedisano re #60 Order,, Set/Reset Deadlines,, Set/Reset Motion/R&R Deadlines and Hearings, Joint Notice of Discovery Dispute Status (Thibaut, Matthew) |
Filing 63 NOTICE of Mediator Selection. Added James Cecchini, Albert Oppedisano, Howard Tescher. (Thibaut, Matthew) |
Filing 62 REPLY to Response to Motion re #59 MOTION to Compel Documents Responsive to Pltf's Request for Production filed by James Cecchini, Albert Oppedisano. (Thibaut, Matthew) |
Filing 61 RESPONSE in Opposition re #59 MOTION to Compel Documents Responsive to Pltf's Request for Production Defendants' Opposition to Plaintiffs' to Motion to Compel Production of Documents Responsive to Their First Request for Production of Documents to Defendants and Incorporated Memorandum of Law filed by Cetera Financial Group, Inc., First Allied Holdings, Inc.. Replies due by 7/25/2019. (Attachments: #1 Exhibit Exhibit A)(Sabo, Alex) |
Filing 60 ORDER SETTING HEARING AND REQUIRING FURTHER CONFERRAL AND FILING JOINT NOTICE: Set Deadline/Hearing as to #59 Plaintiffs' MOTION to Compel Documents Responsive to Pltf's Request for Production. (Motion Hearing set for 7/30/2019 at 2:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman.) (Joint Notice Deadline 7/26/2019.), Signed by Magistrate Judge William Matthewman on 7/12/2019. See attached document for full details. (kza) |
Filing 59 MOTION to Compel Documents Responsive to Pltf's Request for Production by James Cecchini, Albert Oppedisano. Responses due by 7/24/2019 (Thibaut, Matthew) |
Filing 58 ORDER granting #56 Motion to drop individual defendants and correct case caption. Defendants Adam Antoniades and Edward Forst, Jr. are dropped as parties and dismissed from this lawsuit without prejudice. Signed by Judge Kenneth A. Marra on 6/25/2019. See attached document for full details. (ir) |
Adam Antoniades and Edward Forst, Jr. terminated. (ir) |
Filing 57 REPLY to Response to Motion re #38 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM Cetera and First Allied's Motion to Dismiss Plaintiffs' Amended Complaint Defendants Cetera Financial Group, Inc. and First Allied Holdings, Inc.'s Reply in Support of Their Motion to Dismiss Plaintiffs' Amended Complaint filed by Cetera Financial Group, Inc., First Allied Holdings, Inc.. (Sabo, Alex) |
Filing 56 Unopposed MOTION To Drop Individual Defendants and Correct Case Caption by James Cecchini, Albert Oppedisano. (Attachments: #1 Text of Proposed Order)(Pickett, Charles) |
Filing 55 PAPERLESS ORDER granting #54 Motion for Extension of Time to File Response/Reply to #38 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM Cetera and First Allied's Motion to Dismiss Plaintiffs' Amended Complaint filed by First Allied Holdings, Inc., Cetera Financial Group, Inc. Replies due by 6/21/2019. Signed by Judge Kenneth A. Marra on 6/13/2019. (ir) |
Filing 54 MOTION for Extension of Time to File Response/Reply/Answer as to #51 Response in Opposition to Motion, Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Reply to Motion to Dismiss and Order by Cetera Financial Group, Inc., First Allied Holdings, Inc.. (Sabo, Alex) |
Filing 53 PAPERLESS ORDER granting #49 Motion for Extension of Time to File Response/Reply to #38 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM Cetera and First Allied's Motion to Dismiss Plaintiffs' Amended Complaint filed by First Allied Holdings, Inc., Cetera Financial Group, Inc. Responses due by 6/13/2019. Signed by Judge Kenneth A. Marra on 6/10/2019. (ir) |
Filing 52 ORDER granting #50 Motion to drop non-diverse Defendants. Signed by Judge Kenneth A. Marra on 06/5//2019. See attached document for full details. (jao) |
Filing 51 RESPONSE in Opposition re #38 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM Cetera and First Allied's Motion to Dismiss Plaintiffs' Amended Complaint filed by James Cecchini, Albert Oppedisano. Replies due by 6/12/2019. (Pickett, Charles) |
Filing 50 Unopposed MOTION to Drop Non-Diverse Parties re #39 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM by James Cecchini, Albert Oppedisano. (Attachments: #1 Text of Proposed Order)(Pickett, Charles) |
Filing 49 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #38 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM Cetera and First Allied's Motion to Dismiss Plaintiffs' Amended Complaint by James Cecchini, Albert Oppedisano. (Attachments: #1 Text of Proposed Order)(Pickett, Charles) |
Filing 48 RESPONSE to Motion re #39 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by James Cecchini, Albert Oppedisano. Replies due by 6/7/2019. (Pickett, Charles) |
Filing 47 ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge William Matthewman on 5/29/2019. See attached document for full details. (kza) |
Filing 46 SCHEDULING ORDER: Jury Trial set for 8/17/2020 09:00 AM in West Palm Beach Division before Judge Kenneth A. Marra., Calendar Call set for 8/14/2020 10:00 AM in West Palm Beach Division before Judge Kenneth A. Marra. ORDER REFERRING CASE to Magistrate Judge William Matthewman for Discovery. ORDER REFERRING CASE to Mediation. Signed by Judge Kenneth A. Marra on 5/23/2019. See attached document for full details. (ir) #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 45 Joint SCHEDULING REPORT - Rule 26(f) by Cetera Financial Group, Inc., First Allied Holdings, Inc. (Sabo, Alex) |
Filing 44 PAPERLESS ORDER granting #42 Motion for Extension of Time to File Response/Reply to #38 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM Cetera and First Allied's Motion to Dismiss Plaintiffs' Amended Complaint filed by First Allied Holdings, Inc., Cetera Financial Group, Inc. Responses due by 6/3/2019. Signed by Judge Kenneth A. Marra on 5/22/2019. (ir) |
Filing 43 Clerks Notice to Filer re #42 Plaintiff's MOTION for Extension of Time to Respond to Cetera Defendants' Motion to Dismiss re #38 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM Cetera and First Allied's Motion to Dismiss Plaint. 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 42 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #38 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM Cetera and First Allied's Motion to Dismiss Plaintiffs' Amended Complaint by James Cecchini, Albert Oppedisano. Responses due by 6/4/2019 (Pickett, Charles) Modified Relief on 5/21/2019 (ls). |
Filing 41 NOTICE of Attorney Appearance by Charles Leroy Pickett, Jr on behalf of Albert Oppedisano. Attorney Charles Leroy Pickett, Jr added to party Albert Oppedisano(pty:pla). (Pickett, Charles) |
Filing 40 NOTICE of Attorney Appearance by Charles Leroy Pickett, Jr on behalf of James Cecchini. Attorney Charles Leroy Pickett, Jr added to party James Cecchini(pty:pla). (Pickett, Charles) |
Filing 39 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM by Legend Group Holdings, LLC, Lincoln Investment Capital Holdings, LLC. Responses due by 5/31/2019 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Bostic, Terrance) |
Filing 38 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM Cetera and First Allied's Motion to Dismiss Plaintiffs' Amended Complaint by Cetera Financial Group, Inc., First Allied Holdings, Inc.. Responses due by 5/24/2019 (Sabo, Alex) |
Filing 37 PAPERLESS ORDER granting #36 Motion for Extension of Time to File Response/Answer to a Complaint. Legend Group Holdings, LLC Answer due 5/17/2019; Lincoln Investment Capital Holdings, LLC Answer due 5/17/2019. Re: #23 Amended Complaint filed by James Cecchini, Albert Oppedisano. Signed by Judge Kenneth A. Marra on 5/9/2019. (ir) |
Filing 36 Second MOTION for Extension of Time to File Response/Reply/Answer as to #23 Amended Complaint by Legend Group Holdings, LLC, Lincoln Investment Capital Holdings, LLC. (Bostic, Terrance) |
Filing 35 PAPERLESS ORDER granting #34 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Cetera Financial Group, Inc. Answer due 5/10/2019; First Allied Holdings, Inc. Answer due 5/10/2019. Re: #23 Amended Complaint filed by James Cecchini, Albert Oppedisano. Signed by Judge Kenneth A. Marra on 5/8/2019. (ir) |
Filing 34 MOTION for Extension of Time to File Response/Reply/Answer as to #23 Amended Complaint Defendant's Unopposed Motion for Extension of Time to Respond to Complaint and Order by Cetera Financial Group, Inc., First Allied Holdings, Inc.. (Sabo, Alex) |
Filing 33 NOTICE OF WITHDRAWAL OF MOTION by James Cecchini, Albert Oppedisano re #24 Plaintiff's MOTION for Discovery Limited Jurisdictional Discovery with Integrated Memorandum of Law filed by James Cecchini, Albert Oppedisano (Thibaut, Matthew) |
Filing 32 PAPERLESS ORDER granting #31 Motion for Extension of Time. Joint Scheduling Report due by 5/22/2019 Signed by Judge Kenneth A. Marra on 5/6/2019. (ir) |
Filing 31 MOTION for Extension of Time Defendants' Unopposed Motion for Enlargement of Time to Submit Joint Conference Report and Joint Proposed Scheduling Order by Adam Antoniades, Cetera Financial Group, Inc.. Responses due by 5/17/2019 (Sabo, Alex) |
Filing 30 PAPERLESS ORDER granting #28 Motion for Extension of Time to File Response/Answer to a Complaint. Legend Group Holdings, LLC Answer due 5/14/2019; Lincoln Investment Capital Holdings, LLC Answer due 5/14/2019. Re: #23 Amended Complaint filed by James Cecchini, Albert Oppedisano. Signed by Judge Kenneth A. Marra on 5/3/2019. (ir) |
Filing 29 Clerks Notice to Filer re #28 MOTION for Extension of Time Respond to 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 28 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #23 Amended Complaint by Legend Group Holdings, LLC, Lincoln Investment Capital Holdings, LLC. Responses due by 5/16/2019 (Bostic, Terrance) Modified Relief on 5/3/2019 (ls). |
Filing 27 PAPERLESS ORDER denying as moot #17 Motion to Dismiss for Failure to State a Claim; denying as moot #18 Motion to Dismiss for Failure to State a Claim; denying as moot #19 Motion to Dismiss for Failure to State a Claim; denying as moot #22 Motion to Dismiss in light of the filing of the Amended Complaint. Signed by Judge Kenneth A. Marra on 4/30/2019. (ir) |
Filing 26 RESPONSE to Motion re #19 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM DEFENDANT CETERA FINANCIAL GROUP, INC., FIRST ALLIED HOLDINGS, INC., AND ADAM ANTONIADES MOTION TO DISMISS filed by James Cecchini, Albert Oppedisano. Replies due by 5/2/2019. (Thibaut, Matthew) |
Filing 25 RESPONSE to Motion re #18 Corrected MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by James Cecchini, Albert Oppedisano. Replies due by 5/2/2019. (Thibaut, Matthew) |
Filing 24 Plaintiff's MOTION for Discovery Limited Jurisdictional Discovery with Integrated Memorandum of Law by James Cecchini, Albert Oppedisano. Responses due by 5/7/2019 (Thibaut, Matthew) |
Filing 23 Plaintiff's AMENDED COMPLAINT against Cetera Financial Group, Inc., First Allied Holdings, Inc., Legend Group Holdings, LLC, Lincoln Investment Capital Holdings, LLC, filed by Albert Oppedisano, James Cecchini.(Thibaut, Matthew) |
Filing 22 Corrected MOTION to Dismiss by Adam Antoniades, Cetera Financial Group, Inc., First Allied Holdings, Inc. Responses due by 5/6/2019 (Attachments: #1 Corrected Motion Dismiss)(Sabo, Alex) Modified event and text on 4/23/2019 (pes). |
Filing 21 Corporate Disclosure Statement by First Allied Holdings, Inc. (Sabo, Alex) |
Filing 20 Corporate Disclosure Statement by Cetera Financial Group, Inc. (Sabo, Alex) |
Filing 19 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM DEFENDANT CETERA FINANCIAL GROUP, INC., FIRST ALLIED HOLDINGS, INC., AND ADAM ANTONIADES MOTION TO DISMISS by Adam Antoniades, Cetera Financial Group, Inc., First Allied Holdings, Inc.. Responses due by 5/3/2019 (Sabo, Alex) |
Filing 18 Corrected MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by Edward Forst, Jr., Legend Group Holdings, LLC, Lincoln Investment Capital Holdings, LLC. Responses due by 4/25/2019 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Bostic, Terrance) |
Filing 17 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by Edward Forst, Jr., Legend Group Holdings, LLC, Lincoln Investment Capital Holdings, LLC. Responses due by 4/23/2019 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Bostic, Terrance) |
Filing 16 PAPERLESS ORDER granting #15 Motion for Extension of Time to File Response/Answer to a Complaint. Cetera Financial Group, Inc. Answer due 4/19/2019. Re: #1 Complaint, filed by James Cecchini, Albert Oppedisano. Signed by Judge Kenneth A. Marra on 4/9/2019. (ir) |
Filing 15 Second MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, Defendant's Unopposed Motion for Extension of Time to Respond to Complaint and Order by Cetera Financial Group, Inc.. (Attachments: #1 Text of Proposed Order)(Sabo, Alex) |
Filing 14 Corporate Disclosure Statement by Legend Group Holdings, LLC, Lincoln Investment Capital Holdings, LLC identifying Corporate Parent Lincoln Investment Group Holdings, Inc. for Lincoln Investment Capital Holdings, LLC (Bostic, Terrance) |
Filing 13 PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Karl L. Marquardt. Signed by Judge Kenneth A. Marra on 3/21/2019. (ir) |
Filing 12 PAPERLESS ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Samuel E. Cohen. Signed by Judge Kenneth A. Marra on 3/21/2019. (ir) |
Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Karl L. Marquardt. Filing Fee $ 75.00 Receipt # 113C-11493894 by Adam Antoniades, Cetera Financial Group, Inc., First Allied Holdings, Inc.. Responses due by 4/4/2019 (Attachments: #1 Text of Proposed Order)(Sabo, Alex) |
Filing 10 First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Samuel E. Cohen. Filing Fee $ 75.00 Receipt # 113C-11489934 by Edward Forst, Jr., Legend Group Holdings, LLC, Lincoln Investment Capital Holdings, LLC. Responses due by 4/3/2019 (Attachments: #1 Exhibit Proposed Order)(Bostic, Terrance) |
Filing 9 PAPERLESS ORDER granting #8 Motion for Extension of Time to File Response/Answer to a Complaint. Edward Forst, Jr. Answer due 4/9/2019; Legend Group Holdings, LLC Answer due 4/9/2019; Lincoln Investment Capital Holdings, LLC Answer due 4/9/2019. Re: #1 Complaint,, filed by James Cecchini, Albert Oppedisano. Signed by Judge Kenneth A. Marra on 3/18/2019. (ir) |
Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to the Complaint by Edward Forst, Jr., Legend Group Holdings, LLC, Lincoln Investment Capital Holdings, LLC. (Bostic, Terrance) |
Filing 7 PAPERLESS ORDER granting #6 Motion for Extension of Time to File Response/Answer to a Complaint. Adam Antoniades Answer due 4/9/2019; Cetera Financial Group, Inc. Answer due 4/9/2019; First Allied Holdings, Inc. Answer due 4/9/2019. Re: #1 Complaint,, filed by James Cecchini, Albert Oppedisano. Signed by Judge Kenneth A. Marra on 3/14/2019. (ir) |
Filing 6 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, Defendants' Unopposed Motion for Extension of Time to Respond to Complaint by Adam Antoniades, Cetera Financial Group, Inc., First Allied Holdings, Inc.. Attorney Alex Joseph Sabo, II added to party Adam Antoniades(pty:dft), Attorney Alex Joseph Sabo, II added to party Cetera Financial Group, Inc.(pty:dft), Attorney Alex Joseph Sabo, II added to party First Allied Holdings, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Sabo, Alex) |
Filing 5 NOTICE of Attorney Appearance by Terrance A. Bostic on behalf of Edward Forst, Jr., Legend Group Holdings, LLC, Lincoln Investment Capital Holdings, LLC. Attorney Terrance A. Bostic added to party Edward Forst, Jr.(pty:dft), Attorney Terrance A. Bostic added to party Legend Group Holdings, LLC(pty:dft), Attorney Terrance A. Bostic added to party Lincoln Investment Capital Holdings, LLC(pty:dft). (Bostic, Terrance) |
Filing 4 Order Requiring Counsel to confer and File Joint Scheduling Report. Signed by Judge Kenneth A. Marra on 2/13/2019. See attached document for full details. (ir) |
Filing 3 Summons Issued as to All Defendants. (jao) |
Filing 2 Clerks Notice of Judge Assignment to Judge Kenneth A. Marra and Magistrate Judge William Matthewman. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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) |
Filing 1 COMPLAINT against Cetera Financial Group, Inc., First Allied Holdings, Inc., Legend Group Holdings, LLC, Lincoln Investment Capital Holdings, LLC, Adam Antoniades, Edward Forst, Jr.. Filing fees $ 400.00 receipt number 113C-11391793, filed by James Cecchini, Albert Oppedisano. (Attachments: #1 Civil Cover Sheet Haselkron & Thibaut, #2 Summon(s) Cetera - CA Address, #3 Summon(s) Cetera - FL Address, #4 Summon(s) First Allied Holdings, #5 Summon(s) Legend Group Hldgs, #6 Summon(s) Lincoln Investment, #7 Summon(s) Antoniades, #8 Summon(s) Forst, Jr.)(Thibaut, Matthew) |
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