Maralago Cay Homeowners Association, Inc. v. MHC Operating Limited Partnership
| Maralago Cay Homeowners Association, Inc. and Arrowhead Mobile Homeowners Association, Inc. |
| MHC Operating Limited Partnership, Lutz, Bobo & Telfair, P.A. doing business as Lutz, Bobo, Telfair, Eastman & Bobo P.A. formerly known as Lutz, Webb & Bobo, P.A., Stanley Martin, Beverly Sagehorn, j. allen bobo, Bertha Rodriguez, Equity Lifestyle Properties, Inc., MHC Maralago Cay, L.L.C., Lutz, Webb & Bobo, P.A., Sydney Morris, Florida Manufactured Housing Association, Inc., Rene Scott, Eric Zimmerman and Milagros Rivera |
| 9:2021cv80049 |
| January 11, 2021 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 MOTION to Dismiss with Prejudice #15 Amended Complaint/Amended Notice of Removal by Florida Manufactured Housing Association, Inc.. Responses due by 3/25/2021 (Hennessy, Kevin) |
| Filing 23 MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Equity Lifestyle Properties, Inc., Lutz, Bobo & Telfair, P.A., MHC Maralago Cay, L.L.C., MHC Operating Limited Partnership, Stanley Martin, Sydney Morris, Milagros Rivera, Bertha Rodriguez, Beverly Sagehorn, Rene Scott, Eric Zimmerman, j. allen bobo. Attorney Mahlon Herbert Barlow, III added to party Equity Lifestyle Properties, Inc.(pty:dft), Attorney Mahlon Herbert Barlow, III added to party Lutz, Bobo & Telfair, P.A.(pty:dft), Attorney Mahlon Herbert Barlow, III added to party MHC Maralago Cay, L.L.C.(pty:dft), Attorney Mahlon Herbert Barlow, III added to party Stanley Martin (pty:dft), Attorney Mahlon Herbert Barlow, III added to party Sydney Morris (pty:dft), Attorney Mahlon Herbert Barlow, III added to party Milagros Rivera(pty:dft), Attorney Mahlon Herbert Barlow, III added to party Bertha Rodriguez(pty:dft), Attorney Mahlon Herbert Barlow, III added to party Beverly Sagehorn(pty:dft), Attorney Mahlon Herbert Barlow, III added to party Rene Scott(pty:dft), Attorney Mahlon Herbert Barlow, III added to party Eric Zimmerman(pty:dft), Attorney Mahlon Herbert Barlow, III added to party j. allen bobo(pty:dft). Responses due by 3/25/2021 (Attachments: #1 Exhibit A - Maralago I Complaint)(Barlow, Mahlon) |
| Filing 22 STATUS REPORT Parties' Joint Status Report on Jurisdiction by Equity Lifestyle Properties, Inc., Florida Manufactured Housing Association, Inc., Lutz, Bobo & Telfair, P.A., MHC Maralago Cay, L.L.C., MHC Operating Limited Partnership, Stanley Martin, Sydney Morris, Milagros Rivera, Bertha Rodriguez, Beverly Sagehorn, Rene Scott, Eric Zimmerman, j. allen bobo (Attachments: #1 Exhibit Plaintiff's Position Statement Regarding Lack of Jurisdiction, #2 Exhibit Defendants' Joint Status Report on Jurisdiction, #3 Exhibit Stipulation as to Damages)(Hennessy, Kevin) |
Filing 21
PAPERLESS ORDER granting #20 Plaintiff's Revised Unopposed Motion for Extension of Time. Plaintiff seeks to extend the deadlines to hold a party conference and to file a conference report and joint proposed scheduling order to March 12, 2021, citing scheduling difficulties. I will grant the Motion and extend the deadlines to hold a party conference and to file a conference report and joint proposed scheduling order to March 12, 2021. Signed by Judge Donald M. Middlebrooks on 3/4/2021. (hck)
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| Filing 20 Unopposed MOTION for Extension of Time for Twenty Days To Hold Party Conference Under Local Rule 16.1 by Maralago Cay Homeowners Association, Inc.. Responses due by 3/17/2021 (Perry, Daniel) |
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Filing 19
PAPERLESS ORDER denying #17 Plaintiff's Motion for Extension of Time. Plaintiff appears to seek an extension of a deadline set by the Local Rules of the Middle District of Florida. (DE #17 at 2); M.D. Fla. L.R. 3.02(b)(2). As such, Plaintiff's Motion is denied. If Plaintiff intends to seek an extension of any deadline set by this Court or the rules applicable to this District, it may file a motion for extension of time that specifically identifies such deadline. Signed by Judge Donald M. Middlebrooks on 3/3/2021. (kal)
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Filing 18
ORDER REQUIRING STATUS REPORT ON JURISDICTION, ( Joint Status Report due by 3/10/2021.) Signed by Judge Donald M. Middlebrooks on 3/3/2021. See attached document for full details. (cds)
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| Filing 17 Unopposed MOTION for Extension of Time for Twenty Days To File Joint Scheduling Report and Certs of Interested Parties by Maralago Cay Homeowners Association, Inc.. Responses due by 3/16/2021 (Perry, Daniel) |
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Filing 16
PAPERLESS ORDER denying as moot #14 Defendant Florida Manufactured Housing Association, Inc.'s Motion to Dismiss AND denying as moot #7 the remaining Defendants' Motion to Dismiss. In light of Plaintiff's Amended Complaint (DE #15 ), Defendants' Motions to Dismiss (DE #7 ; DE #14 ) are denied as moot. Signed by Judge Donald M. Middlebrooks on 3/1/2021. (kal)
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| Filing 15 First AMENDED COMPLAINT (ADA CLAIM OMITTED) against All Defendants, filed by Maralago Cay Homeowners Association, Inc..(Perry, Daniel) |
| Filing 14 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Florida Manufactured Housing Association, Inc.. Responses due by 3/2/2021 (Hennessy, Kevin) |
| Filing 13 REPLY to Response to Motion re #7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM (Corrected as to Citations) filed by Equity Lifestyle Properties, Inc., Lutz, Bobo & Telfair, P.A., MHC Maralago Cay, L.L.C., MHC Operating Limited Partnership, Stanley Martin, Sydney Morris, Milagros Rivera, Bertha Rodriguez, Beverly Sagehorn, Rene Scott, Eric Zimmerman, j. allen bobo. (Mirghahari, Ali) |
| Filing 12 REPLY to Response to Motion re #7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Equity Lifestyle Properties, Inc., Lutz, Bobo & Telfair, P.A., MHC Maralago Cay, L.L.C., MHC Operating Limited Partnership, Stanley Martin, Sydney Morris, Milagros Rivera, Bertha Rodriguez, Beverly Sagehorn, Rene Scott, Eric Zimmerman, j. allen bobo. (Mirghahari, Ali) |
| Filing 11 RESPONSE in Opposition re #7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Maralago Cay Homeowners Association, Inc.. Replies due by 2/9/2021. (Perry, Daniel) |
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Filing 10
PAPERLESS ORDER granting #9 Motion for Extension of Time. Defendant Florida Manufactured Housing Association, Inc. ("FMHA") seeks a 20-day extension of time to respond to the Complaint from January 28, 2021 to February 16, 2021. In support, FMHA's counsel asserts that although FMHA was served on January 7th, it did not retain the undersigned until a week later on January 14th. FMHA's counsel further states that between January 14th and the date of filing the instant Motion, he and his associate have been engaged in other pressing litigation matters, including taking and defending multiple depositions for two other matters and working on a nine-day trial before the Florida Division of Administrative Hearings. In addition, FMHA represents that around the same time that Plaintiff filed the present lawsuit, it sued FMHA in four other similar actions filed throughout the state, all of which require individualized responses to the lengthy complaints and attachments thereto and are due around the same time. Good cause having been shown, I will grant the requested relief. FHMA shall respond to the Complaint on or before February 16, 2021. Signed by Judge Donald M. Middlebrooks on 1/26/2021. (kal)
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| Filing 9 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), Plaintiff's Complaint by Florida Manufactured Housing Association, Inc.. (Hennessy, Kevin) |
| Filing 8 NOTICE of Attorney Appearance by Kevin Shawn Hennessy on behalf of Florida Manufactured Housing Association, Inc.. Attorney Kevin Shawn Hennessy added to party Florida Manufactured Housing Association, Inc.(pty:dft). (Hennessy, Kevin) |
| Filing 7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Equity Lifestyle Properties, Inc., Lutz, Bobo & Telfair, P.A., MHC Maralago Cay, L.L.C., MHC Operating Limited Partnership, Stanley Martin, Sydney Morris, Milagros Rivera, Bertha Rodriguez, Beverly Sagehorn, Rene Scott, Eric Zimmerman, j. allen bobo. Responses due by 2/2/2021 (Attachments: #1 Exhibit A - Maralago I Complaint)(Mirghahari, Ali) |
| Filing 6 Notice of Pending, Refiled, Related or Similar Actions by Equity Lifestyle Properties, Inc., Lutz, Bobo & Telfair, P.A., MHC Maralago Cay, L.L.C., MHC Operating Limited Partnership, Stanley Martin, Sydney Morris, Milagros Rivera, Bertha Rodriguez, Beverly Sagehorn, Rene Scott, Eric Zimmerman, j. allen bobo. Attorney Ali Vakili Mirghahari added to party Lutz, Bobo & Telfair, P.A.(pty:dft), Attorney Ali Vakili Mirghahari added to party Sydney Morris (pty:dft), Attorney Ali Vakili Mirghahari added to party Milagros Rivera(pty:dft), Attorney Ali Vakili Mirghahari added to party Bertha Rodriguez(pty:dft), Attorney Ali Vakili Mirghahari added to party Beverly Sagehorn(pty:dft), Attorney Ali Vakili Mirghahari added to party Rene Scott(pty:dft), Attorney Ali Vakili Mirghahari added to party Eric Zimmerman(pty:dft), Attorney Ali Vakili Mirghahari added to party j. allen bobo(pty:dft). (Mirghahari, Ali) |
| Filing 5 AFFIDAVIT (Declaration of Stanley Martin) signed by: Stanley Martin re #1 Notice of Removal (State Court Complaint), by Equity Lifestyle Properties, Inc., MHC Maralago Cay, L.L.C., MHC Operating Limited Partnership, Stanley Martin (Mirghahari, Ali) |
| Filing 4 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): Equity Lifestyle Properties, Inc., MHC Maralago Cay, L.L.C., Eric Zimmerman, Stanley Martin, Sydney Morris, Rene Scott, Beverly Sagehorn, Bertha Rodriguez, Milagros Rivera, Florida Manufactured Housing Association, Inc., j. allen bobo and Lutz, Bobo & Telfair, P.A.. (Mirghahari, Ali) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (cds) |
| 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. (cds) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-14192848, filed by MHC Operating Limited Partnership. (Attachments: #1 Exhibit A - Complaint - Instant Action, #2 Exhibit B - Complaint - Prior Action, #3 Docket Sheet Instant Action, #4 Summon(s) Other Court Documents)(Mirghahari, Ali)Text Modified on 1/12/2021 (cds). No Answer/Motion to Dismiss Filed. |
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