ESTATE OF MARVIN DIAMOND, v. ITM TWENTYFIRST LLC
Plaintiff: ESTATE OF MARVIN DIAMOND,
Defendant: ITM TWENTYFIRST LLC and U.S. Bank, National Association
Case Number: 9:2021cv80339
Filed: February 16, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Dave Lee Brannon
Referring Judge: Donald M Middlebrooks
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on April 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2021 Opinion or Order Filing 47 PAPERLESS ORDER granting in part #46 Plaintiff's Unopposed Motion to Stay Briefing. Plaintiff requests that I stay the briefing on Defendant U.S. Bank National Association's ("U.S. Bank") Motion to Dismiss (DE #40 ) because, by April 21, 2021, it intends to move the Court to dismiss this action without prejudice so that the dispute may be adjudicated in Florida state court. (DE #46 para. 5). The deadline for Plaintiff to respond to the Motion to Dismiss was April 15, 2021. Rather than stay the briefing on U.S. Bank's Motion to Dismiss indefinitely, I will extend the response deadline to April 21, 2021. Accordingly, should Plaintiff fail to move to dismiss this action by April 21, 2021, it shall file its Response to Docket Entry #40 . Signed by Judge Donald M. Middlebrooks on 4/16/2021. (kal)
April 15, 2021 Filing 46 MOTION to Stay re #40 MOTION to Dismiss with Prejudice #23 Amended Complaint/Amended Notice of Removal by ESTATE OF MARVIN DIAMOND,. Responses due by 4/29/2021 (Attachments: #1 Text of Proposed Order Proposed Order)(Gomez-Rodon, Ashley)
April 15, 2021 Opinion or Order Filing 45 PAPERLESS ORDER granting #42 Motion for Extension of Time. Plaintiff seeks a two-week extension of time to respond to Defendant ITM TwentyFirst Services, LLC's ("ITM") Motion to Dismiss (DE #32 ). Plaintiff represents that on March 31, 2021, it learned of a third, non-diverse entity, Viva Capital 3, L.P. ("Viva") that it intends to sue alongside ITM and Defendant U.S. Bank National Association ("U.S. Bank"). Plaintiff thus states that because Viva is a Florida resident, it is considering initiating a new action against ITM, U.S. Bank, and Viva in state court and either moving to stay or dismiss without prejudice the instant litigation. Plaintiff contends that the requested relief will conserve Party and judicial resources. ITM opposes the Motion on the grounds that Plaintiff's counsel represented during conferral that it was prepared to file its Response should ITM decline to consent to the Motion for Extension of Time. Among other reasons, ITM also argues that granting the extension request will lead to more, not less, motion practice in this forum because it will not stipulate to the dismissal of this action without prejudice and thus Plaintiff will have to move for the Court's leave. I have carefully considered the Parties positions and will grant the Motion. Accordingly, by April 21, 2021, Plaintiff shall respond to ITM's Motion to Dismiss (DE #32 ) or, alternatively, shall file appropriate dismissal documents or move for leave to dismiss this action, if necessary. Signed by Judge Donald M. Middlebrooks on 4/15/2021. (kal)
April 12, 2021 Filing 44 RESPONSE in Opposition re #42 Plaintiff's MOTION for Extension of Time to file Plaintiff's response to the motion to dismiss filed by ITM TwentyFirst, LLC re #32 MOTION to Dismiss #21 Amended Complaint/Amended Notice of Removal filed by ITM TWENTYFIRST LLC. Replies due by 4/19/2021. (Attachments: #1 Exhibit 1 - Letter from Janene M. Marasciullo dated April 7, 2021, #2 Exhibit 2 - Complaint, #3 Exhibit 3 - Notice of Voluntary Dismissal, #4 Exhibit 4 - Letter from Janene M. Marasciullo dated March 12, 2021)(Pope, John)
April 8, 2021 Opinion or Order Filing 43 PAPERLESS ORDER REQUIRING EXPEDITED RESPONSE to #42 Motion for Extension of Time. Plaintiff represents that Defendant ITM TwnetyFirst Services, LLC ("ITM") opposes the Motion. (DE 42 at 4). Because the deadline sought to be extended expired on April 7, 2021, this matter requires expedited briefing. Therefore, on or before April 14, 2021, ITM shall respond to Plaintiff's motion for Extension of Time, setting forth its basis for opposing the requested relief. Signed by Judge Donald M. Middlebrooks on 4/8/2021. (hck)
April 7, 2021 Filing 42 Plaintiff's MOTION for Extension of Time to file Plaintiff's response to the motion to dismiss filed by ITM TwentyFirst, LLC re #32 MOTION to Dismiss #21 Amended Complaint/Amended Notice of Removal by ESTATE OF MARVIN DIAMOND,. Responses due by 4/21/2021 (Attachments: #1 Text of Proposed Order Proposed Order)(Gomez-Rodon, Ashley)
April 6, 2021 SYSTEM ENTRY - Docket Entry 41 [misc] restricted/sealed until further notice. (975602)
April 1, 2021 Filing 40 MOTION to Dismiss with Prejudice #23 Amended Complaint/Amended Notice of Removal by U.S. Bank, National Association. Attorney Jonathan Bart Morton added to party U.S. Bank, National Association(pty:dft). Responses due by 4/15/2021 (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit Email Chain)(Morton, Jonathan)
March 30, 2021 Opinion or Order Filing 39 ORDER Granting Motion to Sealgranting #33 Motion to Seal. Signed by Judge Donald M. Middlebrooks on 3/30/2021. See attached document for full details. (dj)
March 30, 2021 Filing 38 Joint SCHEDULING REPORT - Rule 26(f) by ESTATE OF MARVIN DIAMOND, (Gomez-Rodon, Ashley)
March 30, 2021 Opinion or Order Filing 37 PAPERLESS ORDER granting #36 Unopposed Motion for a One-Day Extension of Time to Submit the Joint Discovery Plan. Plaintiff, with the consent of Defendant ITM TwentyFirst, LLC, requests a one-day extension of time to file the Parties' Joint Discovery Plan in light of Plaintiff's counsel's religious observance between March 27 and March 29, 2021. Good cause having been shown, the Motion is granted. The Parties shall file their Joint Discovery Plan by March 30, 2021. Signed by Judge Donald M. Middlebrooks on 3/30/2021. (hck)
March 26, 2021 Filing 36 Unopposed MOTION for Extension of Time to submit the joint discovery plan re #27 Scheduling Order,, Order Referring Case to Mediation, by ESTATE OF MARVIN DIAMOND,. Responses due by 4/9/2021 (Attachments: #1 Text of Proposed Order)(Gomez-Rodon, Ashley)
March 26, 2021 Filing 35 REPLY to Response to Motion re #30 MOTION to Stay Discovery and Other Proceedings filed by ITM TWENTYFIRST LLC. (Pope, John)
March 25, 2021 Filing 34 RESPONSE in Opposition re #30 MOTION to Stay Discovery and Other Proceedings filed by ESTATE OF MARVIN DIAMOND,. Replies due by 4/1/2021. (Gomez-Rodon, Ashley)
March 24, 2021 Filing 33 Unopposed MOTION to Seal an Unredacted Copy of Exhibit A-2 to the Declaration of Frank Tomasello per Local Rule 5.4 by ITM TWENTYFIRST LLC. (Attachments: #1 Text of Proposed Order) (Pope, John)
March 24, 2021 Filing 32 MOTION to Dismiss #21 Amended Complaint/Amended Notice of Removal by ITM TWENTYFIRST LLC. Responses due by 4/7/2021 (Attachments: #1 Exhibit A - Declaration of Frank Tomasello, #2 Exhibit A-1 - ITMs life settlement service, #3 Exhibit A-2 - Redacted Policy, #4 Exhibit A-3 - Marvin Diamond Tracking Notes, #5 Exhibit A-4 - 3/9/18 Email, #6 Exhibit A-5 - 04/02/18 Email, #7 Exhibit A-6 - Marvin Diamond Policy Information 03/15/2018 Redacted, #8 Exhibit B - Declaration of Janene Marasciullo, Esq., #9 Exhibit B-1 - Email Correspondence from Issac Binkovitz on March 19, 2021, #10 Exhibit B-2 - Declaration of Joseph Kelleher in Support of Plaintiff's Renewed Motion to Leave)(Pope, John)
March 22, 2021 Filing 31 CORRECTED SUMMONS (Affidavit) Returned Executed on #23 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ESTATE OF MARVIN DIAMOND, U.S. Bank, National Association served on 3/11/2021, answer due 4/1/2021. (Gomez-Rodon, Ashley) Text Modified on 3/22/2021 (cds).
March 19, 2021 Filing 30 MOTION to Stay Discovery and Other Proceedings by ITM TWENTYFIRST LLC. Responses due by 4/2/2021 (Attachments: #1 Exhibit 1 - DECLARATION OF JOSEPH KELLEHER IN SUPPORT OF PLAINTIFFS RENEWED MOTION FOR LEAVE TO CONDUCT LIMITED IMMEDIATE DISCOVERY FROM DEFENDANT U.S. BANK, N.A., #2 Exhibit 2 - LETTER DATED MARCH 12, 2021 FROM JANENE M. MARASCIULLO, #3 Exhibit 3 - EMAIL DATED MARCH 19, 2021 FROM JANENE M. MARASCIULLO, #4 Text of Proposed Order)(Pope, John)
March 19, 2021 Filing 29 SUMMONS (Affidavit) Returned Executed on #23 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ESTATE OF MARVIN DIAMOND,. U.S. Bank, National Association served on 3/11/2021, answer due 4/1/2021. (Gomez-Rodon, Ashley)
March 19, 2021 Opinion or Order Filing 28 PAPERLESS ORDER denying as moot #19 Motion to Dismiss and #20 Unopposed Motion for Entry of an Order Allowing Defendant to File an Unredacted Copy of Exhibit A-2 to the Declaration of Frank Tomasello. In light of Plaintiff's Corrected Amended Complaint (DE #23 ), Defendant ITM Twentyfirst, LLC's Motion to Dismiss (DE #19 ) and Motion to Seal Exhibit A-2 (DE 19-3) attached thereto (DE #20 ) are DENIED AS MOOT. Signed by Judge Donald M. Middlebrooks on 3/19/2021. (hck)
March 17, 2021 Opinion or Order Filing 27 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 4/5/2021., Discovery due by 7/26/2021., Joinder of Parties due by 4/5/2021., In Limine Motions due by 8/9/2021., Dispositive Motions due by 8/9/2021., Motions due by 8/9/2021., Pretrial Stipulation due by 9/13/2021.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 3/17/2021. See attached document for full details. (cds)
March 15, 2021 Opinion or Order Filing 26 ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 10/12/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 10/6/2021 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave L. Brannon for Scheduling Order. Signed by Judge Donald M. Middlebrooks on 3/15/2021. 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.
March 10, 2021 Filing 25 Summons Issued as to U.S. Bank, National Association. (cds)
March 10, 2021 Filing 24 NOTICE of Filing Proposed Summons(es) by ESTATE OF MARVIN DIAMOND, re #23 Amended Complaint/Amended Notice of Removal filed by ESTATE OF MARVIN DIAMOND, (Attachments: #1 Summon(s), #2 Summon(s)) (Gomez-Rodon, Ashley)
March 10, 2021 Filing 23 Corrected AMENDED COMPLAINT against All Defendants, filed by ESTATE OF MARVIN DIAMOND,.(Gomez-Rodon, Ashley)
March 10, 2021 Filing 22 Clerks Notice to Filer re #21 Amended Complaint/Amended Notice of Removal. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties. (cds)
March 9, 2021 Filing 21 AMENDED COMPLAINT against All Defendants, filed by ESTATE OF MARVIN DIAMOND,. (Attachments: #1 Summon(s), #2 Summon(s))(Gomez-Rodon, Ashley)
March 5, 2021 Filing 20 Unopposed MOTION to Seal an Unredacted Copy of Exhibit A-2 to the Declaration of Frank Tomasello per Local Rule 5.4 by ITM TWENTYFIRST LLC. (Attachments: #1 Text of Proposed Order) (Pope, John)
March 5, 2021 Filing 19 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by ITM TWENTYFIRST LLC. Responses due by 3/19/2021 (Attachments: #1 Exhibit A - Declaration of Frank Tomasello, #2 Exhibit A-1 - Life Settlement Services ITM TwentyFirst, #3 Exhibit A-2 - Redacted Policy, #4 Exhibit A-3 - Marvin Diamond Tracking Notes, #5 Exhibit A-4 - 3/9/18 Email, #6 Exhibit A-5 - 4/2/18 Email)(Pope, John)
March 5, 2021 Opinion or Order Filing 18 PAPERLESS ORDER granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Isaac A. Binkovitz. Isaac A. Binkovitz may participate in this matter on behalf of Plaintiff the Estate of Marvin Diamond. The Clerk of Court shall provide all electronic filings to Isaac A. Binkovitz at ibinkovitz@cozen.com. Signed by Judge Donald M. Middlebrooks on 3/5/2021. (hck)
March 5, 2021 Opinion or Order Filing 17 ORDER Granting #8 Expedited Motion for Leave to Take Limited Discovery. Responses due by 3/8/2021 Signed by Judge Donald M. Middlebrooks on 3/5/2021. See attached document for full details. (cds)
March 4, 2021 Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Isaac A. Binkovitz. Filing Fee $ 200.00 Receipt # AFLSDC-14491372 by ESTATE OF MARVIN DIAMOND,. Responses due by 3/18/2021 (Attachments: #1 Text of Proposed Order Proposed Order)(Gomez-Rodon, Ashley)
March 4, 2021 Filing 15 REPLY in Further Support re #8 MOTION for Discovery For Leave to Take Limited Discovery filed by ESTATE OF MARVIN DIAMOND,. (Attachments: #1 Exhibit Exhibit A)(Gomez-Rodon, Ashley) Text Modified on 3/4/2021 (cds).
March 3, 2021 Filing 14 RESPONSE in Opposition re #8 MOTION for Discovery For Leave to Take Limited Discovery filed by ITM TWENTYFIRST LLC. Replies due by 3/10/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pope, John)
March 2, 2021 Opinion or Order Filing 13 PAPERLESS ORDER REQUIRING EXPEDITED RESPONSE to #8 Expedited Motion for Leave to Take Limited Discovery. Plaintiff's counsel represents that she made a good faith effort to confer with counsel for Defendant via email on February 18, 2021 but that "Defendant responded the same day refusing to meet and confer." (DE 8 at 5). Because I cannot determine whether the Motion is opposed or unopposed based on the certificate of conferral, and because Plaintiff asserts that it seeks this pre-Rule 26(f) Conference discovery to potentially join a defendant before the running of the statute of limitations, Defendant is DIRECTED to respond on an expedited basis to Docket Entry #8 by March 3, 2021. Defendant is advised that counsel appearing in this Court have a duty to confer with one another in accordance with Local Rule 7.1(a)(3). Specifically, "[c]ounsel conferring with movant's counsel shall cooperate and act in good faith in attempting to resolve the dispute." Id. Failure to do so may be cause to impose sanctions, such as granting the motion or awarding reasonable attorney's fees. (Responses due by 3/3/2021) Signed by Judge Donald M. Middlebrooks on 3/2/2021. (kal)
February 23, 2021 Opinion or Order Filing 12 PAPERLESS ORDER granting #9 Defendant's Motion for Extension of Time. Defendant seeks a 10-day extension of time to respond to the Complaint. In support, it states that through its initial investigation of the Complaint, it suspects that the Court may not have personal jurisdiction over it and therefore intends to file a motion to dismiss. Defendant's counsel represent that they require additional time to prepare such a response due to the recent press of other business and family obligations. Plaintiff opposes the Motion, contending that it is sought for an improper purpose--to delay the Rule 26(f) conference, which Plaintiff has sought to schedule expeditiously so that it may identify another entity allegedly liable in this action and name it as a defendant as soon as possible. Notwithstanding Plaintiff's opposition, I find good cause to grant the requested relief. Accordingly, Defendant SHALL RESPOND to the Complaint by March 5, 2021. Thereafter, Defendant is directed to meet and confer with Plaintiff as soon as practicable pursuant to Rule 26(f)(1). Answer due 3/5/2021. Signed by Judge Donald M. Middlebrooks on 2/23/2021. (kal)
February 23, 2021 Filing 11 REPLY in Support re #9 MOTION for Extension of Time to File Response/Reply/Answer to Complaint filed by ITM TWENTYFIRST LLC. (Pope, John) Text Modified on 2/23/2021 (cds).
February 22, 2021 Filing 10 RESPONSE in Opposition re #9 MOTION for Extension of Time to File Response/Reply/Answer to Complaint filed by ESTATE OF MARVIN DIAMOND,. Replies due by 3/1/2021. (Gomez-Rodon, Ashley)
February 19, 2021 Filing 9 MOTION for Extension of Time to File Response/Reply/Answer to Complaint by ITM TWENTYFIRST LLC. (Attachments: #1 Text of Proposed Order)(Pope, John)
February 19, 2021 Filing 8 MOTION for Discovery For Leave to Take Limited Discovery by ESTATE OF MARVIN DIAMOND,. Responses due by 3/5/2021 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Text of Proposed Order Proposed Order)(Gomez-Rodon, Ashley)
February 18, 2021 Opinion or Order Filing 7 PAPERLESS ORDER granting #4 Motion to Appear Pro Hac Vice , Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Janene Marasciullo may participate in this matter on behalf of Defendant ITM TwentyFirst, LLC The Clerk of Court shall provide all electronic filings to Janene Marasciullo at jmarasciullo@ebglaw.com Signed by Judge Donald M. Middlebrooks on 2/18/2021. (kal)
February 17, 2021 Filing 6 Corporate Disclosure Statement by ITM TWENTYFIRST LLC identifying Corporate Parent Longevity Holdings, Inc. for ITM TWENTYFIRST LLC (Pope, John)
February 17, 2021 Filing 5 Clerks Notice to Filer re #3 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. Longevity Holdings, Inc., a privately-held Delaware corporation. (cds)
February 16, 2021 Filing 4 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Janene Marasciullo. Filing Fee $ 200.00 Receipt # AFLSDC-14394355 by ITM TWENTYFIRST LLC. Responses due by 3/2/2021 (Pope, John)
February 16, 2021 Filing 3 Corporate Disclosure Statement by ITM TWENTYFIRST LLC (Pope, John)
February 16, 2021 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)
February 16, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Summons and Complaint) Filing fee $ 402.00 receipt number AFLSDC-14392809, filed by ITM TWENTYFIRST LLC. (Attachments: #1 Exhibit A - Palm Beach County Summons and Complaint, #2 Exhibit B - Declaration of Maureen Sheehan, #3 Civil Cover Sheet)(Pope, John) Text Modified on 2/16/2021 (cds). No Answer/Motion to Dismiss Filed.

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Plaintiff: ESTATE OF MARVIN DIAMOND,
Represented By: Ashley Lauren Gomez-Rodon
Represented By: Isaac A. Binkovitz
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Defendant: ITM TWENTYFIRST LLC
Represented By: John Houston Pope
Represented By: Janene M. Marasciullo
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Defendant: U.S. Bank, National Association
Represented By: Jonathan Bart Morton
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