Herman v. Belen et al
| Julian Maurice Herman |
| Ariel E. Belen, Craig Avedisian, Steven R. Schlesinger and Rosemarie A. Herman |
| 9:2019cv81710 |
| December 23, 2019 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Other Fraud |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 23 ACKNOWLEDGMENT OF RECEIPT as to #22 Transmittal Letter Sent with Certified Copy of Order to: 15th Judicial Circuit Court in and for Palm Beach County. (ar2) |
| Filing 22 Transmittal Letter Sent with Certified Copy of Order to: 15th Judicial Circuit Court in and for Palm Beach County. State Court Case Number: 50-02019-CA-015553-XXXX-MB (ar2) |
Filing 21
ORDER REMANDING CASE and Granting #7 Motion to Remand to State Court.This action is REMANDED to the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida for lack of subject matter jurisdiction. Closing Case. Signed by Judge Donald M. Middlebrooks on 2/4/2020. See attached document for full details. (ar2)
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| Filing 20 MOTION to Stay re #11 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), , #10 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), of Discovery and Related Deadlines Pending Resolution of Motions to Dismiss by Craig Avedisian, Ariel E. Belen, Rosemarie A. Herman, Steven R. Schlesinger. Responses due by 2/18/2020 (Attachments: #1 Exhibit Proposed Order)(Kelley, Marissa) |
| Filing 19 REPLY to Response to Motion re #7 MOTION to Remand to State Court filed by Julian Maurice Herman. (Kallus, Jack) |
| Filing 18 Plaintiff's MOTION for Extension of Time to File Discovery Plan re #9 Scheduling Order,, Order Referring Case to Mediation, by Julian Maurice Herman. Responses due by 2/18/2020 (Attachments: #1 Exhibit 1)(Daneshfar, Yasin) |
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Filing 17
PAPERLESS ORDER granting in part #16 Agreed Motion for Extension of Time. On January 22, 2020, Defendants moved to dismiss Plaintiff's Complaint. (DE #10 ; DE #11 ). Plaintiff's response to those motions is due by February 5, 2020. In the present Motion, Plaintiff requests that this deadline be extended to February 21, 2020. In the interest of judicial efficiency, I will grant a limited extension. Plaintiff is directed to respond to the motions by February 12, 2020. No further extensions of litigation deadlines shall be granted absent a showing of good cause supported by specific facts as to why a particular deadline could not be met despite the exercise of diligence. Signed by Judge Donald M. Middlebrooks on 2/3/2020. (jdr)
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| Filing 16 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #11 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), , #10 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), by Julian Maurice Herman. Attorney Yasin Daneshfar added to party Julian Maurice Herman(pty:pla). (Attachments: #1 Text of Proposed Order)(Daneshfar, Yasin) |
| Filing 15 NOTICE by Ariel E. Belen, Rosemarie A. Herman re #12 Notice (Other), #10 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), Supplemental Request for Judicial Notice ISO Motion to Dismiss Complaint (Attachments: #1 Exhibit) (Kelley, Marissa) |
| Filing 14 NOTICE by Ariel E. Belen, Rosemarie A. Herman re #10 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), of Filing Corrected Exhibit F (Attachments: #1 Exhibit Corrected Exh F) (Kelley, Marissa) |
| Filing 13 RESPONSE in Opposition re #7 MOTION to Remand to State Court filed by Ariel E. Belen, Rosemarie A. Herman. Replies due by 2/3/2020. (Kelley, Marissa) |
| Filing 12 NOTICE by Ariel E. Belen, Rosemarie A. Herman re #10 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), Request for Judicial Notice ISO Motion to Dismiss (Attachments: #1 Exhibit) (Kelley, Marissa) |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), by Craig Avedisian, Steven R. Schlesinger. Responses due by 2/5/2020 (Attachments: #1 Exhibit A, #2 Exhibit B)(Kelley, Marissa) |
| Filing 10 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), by Ariel E. Belen, Rosemarie A. Herman. Responses due by 2/5/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Kelley, Marissa) |
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Filing 9
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION. ( Amended Pleadings due by 2/10/2020., Discovery due by 5/18/2020., Joinder of Parties due by 2/10/2020., In Limine Motions due by 6/15/2020., Dispositive Motions due by 6/15/2020., Pretrial Motions due by 6/15/2020., Joint Pretrial Stipulation due by 7/20/2020). Signed by Magistrate Judge Dave Lee Brannon on 1/16/2020. See attached document for full details. (ar2)
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Filing 8
ORDER REFERRING CASE AND SETTING TRIAL DATE. ( Jury Trial set for 8/17/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 8/12/2020 01:15 PM before Judge Donald M. Middlebrooks). Signed by Judge Donald M. Middlebrooks on 1/15/2020. See attached document for full details. (ar2) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 7 MOTION to Remand to State Court by Julian Maurice Herman. (Attachments: #1 Affidavit, #2 Complaint, #3 Motion to Transfer)(Kallus, Jack) |
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Filing 6
PAPERLESS ORDER granting #5 Defendants' Unopposed Motion for Extension of Time. This lawsuit was originally filed in state court. (DE [1-1] at 3-26). Plaintiff served his Complaint upon Defendants on December 11, 2019 and Defendants removed the lawsuit to this court on December 23, 2019. As a result, Defendants response to the Complaint is due by December 31, 2019. (See Fed. R. Civ. P. 81(c)(2)). In the present Motion, Defendants request that this deadline be extended to January 22, 2020 because of the "holidays and the press of other matters." (DE #5 at 1-2). Defendants also add that only two of the defendants have been served thus far; however, the Parties have agreed that all Defendants will respond to the Complaint by January 22, 2020. (Id. at 2). Under these circumstances, I find good cause to grant the requested extension, meaning Defendants shall respond to Plaintiff's Complaint by January 22, 2020. Signed by Judge Donald M. Middlebrooks on 12/31/2019. (jdr)
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| Set/Reset Answer Due Deadline as per DE 6 : All Defendants. (lk) |
| Filing 5 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Craig Avedisian, Steven R. Schlesinger. (Attachments: #1 Exhibit Proposed Order)(Kelley, Marissa) |
| Filing 4 NOTICE by Craig Avedisian, Ariel E. Belen, Rosemarie A. Herman, Steven R. Schlesinger re 3 Clerks Notice to Filer re: Electronic Case (Kelley, Marissa) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (amb) |
| 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. (amb) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Notice of Removal of Action Under 28 USC Section 1441(b)) Filing fee $ 400.00 receipt number 113C-12252971, filed by Ariel E. Belen, Craig Avedisian, Steven R. Schlesinger, Rosemarie A. Herman. (Attachments: #1 Exhibit Copies of All Process, Pleadings and Orders in State Court Action)(Kelley, Marissa) |
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