Berry Islands 3-66-4 Trust v. Bahamian Asset Trust et al

Plaintiff: Berry Islands 3-66-4 Trust
Defendant: Southward Trust, Bahamian Asset Trust and Marcus Fender
Case Number: 9:2019cv80669
Filed: May 21, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Bruce E Reinhart
Referring Judge: Robin L Rosenberg
Nature of Suit: Real Property: Other
Cause of Action: 28:1332
Jury Demanded By: None

Docket Report

This docket was last retrieved on June 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 17, 2019 Opinion or Order Filing 8 STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 6/17/2019. See attached document for full details. (cds)
June 14, 2019 Opinion or Order Filing 7 ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, AND TRIAL DATE, ORDER OFREQUIREMENTS, AND ORDER OF REFERENCE TO MAGISTRATE JUDGE: ( Jury Trial set for 5/26/2020 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 5/20/2020 09:00 AM before Judge Robin L. Rosenberg., Status Conference set for 4/22/2020 09:30 AM before Judge Robin L. Rosenberg.), ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart For Discovery Matters. Signed by Judge Robin L. Rosenberg on 6/14/2019. 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.
June 7, 2019 Filing 6 NOTICE of Compliance by Berry Islands 3-66-4 Trust re 4 Order,,,,, (Stegawski, Michael)
June 7, 2019 Filing 5 First AMENDED COMPLAINT against Bahamian Asset Trust, Marcus Fender, Southward Trust, filed by Berry Islands 3-66-4 Trust.(Stegawski, Michael)
June 6, 2019 Reset Deadlines Per DE#4. Amended Complaint due by 6/12/2019. (cqs)
June 5, 2019 Opinion or Order Filing 4 PAPERLESS ORDER dismissing Complaint. This matter comes before the Court on a sua sponte review of the Complaint for subject matter jurisdiction. See Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999) (stating that "a court should inquire into whether it has subject matter jurisdiction at the earliest possible stage in the proceedings" and that "a federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking"). Plaintiff bases this Court's subject matter jurisdiction on diversity of citizenship. See DE 1 at 6. However, Plaintiff has failed to adequately plead the citizenship of the trust parties. See Americold Trust Realty v. Conagra Foods, Inc., 136 S. Ct. 1012 (2016) (stating that the citizenship of an unincorporated entity is the citizenship of all of its members). Consequently, the Court dismisses the Complaint and orders Plaintiff to file an Amended Complaint by no later than June 12, 2019, that adequately pleads the parties' citizenship for the purpose of establishing diversity jurisdiction. Plaintiff's failure to file an Amended Complaint by June 12, 2019, may result in the dismissal of this action without further notice. Signed by Judge Robin L. Rosenberg on 6/5/2019. (sk01)
May 21, 2019 Filing 3 Summons Issued as to Bahamian Asset Trust, Marcus Fender, Southward Trust. (cds)
May 21, 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. (cds)
May 21, 2019 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11661636, filed by Berry Islands 3-66-4 Trust. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Marcus Fender, #3 Summon(s) Bahamian Asset Trust, #4 Summon(s) Southward Trust, #5 Exhibit A - Email Communications 02/26/19, #6 Exhibit B - Contract)(Stegawski, Michael)

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Defendant: Southward Trust
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Defendant: Bahamian Asset Trust
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Defendant: Marcus Fender
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Plaintiff: Berry Islands 3-66-4 Trust
Represented By: Michael Andrew Stegawski
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