Rubin v. Gerson, Esq. et al
Plaintiff: Deborah Shoenberg Rubin
Defendant: Shari Gerson, Esq., Jeremy Klatel [sic], Esq. and Robert Karmen, Esq.
Case Number: 9:2023cv80392
Filed: March 10, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Bruce E Reinhart
Referring Judge: Robin L Rosenberg
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. § 1442 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2023 Opinion or Order Filing 31 ORDER CLOSING CASE. Notice of Dismissal at docket entry 29. The Clerk of the Court is instructed to CLOSE THIS CASE.All pending motions are DENIED AS MOOT and all deadlines are terminated. Motions terminated: #10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Jeremy Klatel [sic], Esq., #25 REPORT AND RECOMMENDATIONS re #10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Jeremy Klatel [sic], Esq. Recommending That t. Signed by Judge Robin L. Rosenberg on 7/21/2023. See attached document for full details. (nan)
July 12, 2023 Opinion or Order Filing 30 PAPERLESS ORDER. On July 11, the Plaintiff filed a #29 Notice of Voluntary Dismissal, dismissing this case with prejudice as to Defendants Jeremy Klatel and Robert Karmen and dismissing the case without prejudice as to Shari Gerson. If any of the Defendants object to the Notice, the Defendants shall file objections by no later than July 19. The objections shall include caselaw to support the Defendant's position that the Notice is defective or ineffective. Signed by Judge Robin L. Rosenberg (ccr)
July 11, 2023 Filing 29 NOTICE of Voluntary Dismissal with prejudice as to Defendants Jeremy Klatel, Esq. and Robert Karmen, Esq. and Without Prejudice as to Defendant Shari Gerson, Esq. with each side to bear their own attorneys fees and costs by Deborah Shoenberg Rubin (Rubin, Robert)
July 6, 2023 Filing 28 NOTICE of No Objection by Jeremy Klatel [sic], Esq. re #25 REPORT AND RECOMMENDATIONS re #10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Jeremy Klatel [sic], Esq. Recommending That Notice of No Objection (Garcia, Kelly Jean) Modified text on 7/6/2023 (ebz).
July 5, 2023 Filing 27 Plaintiff's Certificate of Non-Objection by Deborah Shoenberg Rubin re #25 REPORT AND RECOMMENDATIONS re #10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Jeremy Klatel [sic], Esq. Recommending That Plaintiff's Certificate of Non-Objection (Rubin, Robert) Modified text on 7/6/2023 (ebz).
July 5, 2023 Filing 26 NOTICE of Compliance Plaintiff's Compliance with Court Order entered June 26, 2023 by Deborah Shoenberg Rubin re #24 Order to Show Cause,, (Rubin, Robert)
June 30, 2023 Filing 25 REPORT AND RECOMMENDATION REGARDING DEFENDANT'S MOTION TO DISMISS (ECF NO. 10). re #10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Jeremy Klatel [sic], Esq. Recommending That the motion to dismiss the Amended Complaint (ECF No. 10) be GRANTED with prejudice.. Signed by Magistrate Judge Bruce E. Reinhart on 6/30/2023. See attached document for full details. (nan)
June 27, 2023 Set/Reset Deadlines/Hearings Show Cause Response due by 6/30/2023. Per Order, DE#24 .(nan)
June 26, 2023 Opinion or Order Filing 24 ORDER TO SHOW CAUSE. THIS MATTER comes before the Court sua sponte. On February 15, 2023, the Plaintiff filed the Complaint initiating this case in state court. DE 1. The Court has reviewed the docket. In this review, the Court did not see executed returns of service for Defendants Shari Gerson and Robert Karmen. Consequently, the Court issues this Order to Show Cause why this case should not be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m) as to these two Defendants. The Plaintiff shall show cause in response on or before June 30, 2023. Signed by Judge Robin L. Rosenberg on 6/26/2023. See attached document for full details. (nan)
June 26, 2023 Filing 23 Summons Issued as to Shari Gerson, Esq.. (jc)
June 26, 2023 Filing 22 Clerk's Notice to Filer re: Summons(es) will not be issued. Summons(es) NOT issued for the following reasons. Summonses are not issued on Notice of Removal Cases. (drz)
June 25, 2023 Filing 21 NOTICE of Filing Proposed Summons(es) Summons - Shari Gerson by Deborah Shoenberg Rubin (Rubin, Robert)
May 29, 2023 Filing 20 Initial Disclosure(s) of Plaintiff's Rule 26(A)(1) Disclosures by Deborah Shoenberg Rubin (Rubin, Robert)
May 5, 2023 Filing 19 REPLY to #16 Response in Opposition to Motion, to Dismiss Amended Complaint by Jeremy Klatel [sic], Esq.. (Garcia, Kelly Jean)
April 24, 2023 Opinion or Order Filing 18 PAPERLESS ORDER granting #17 Defendants' Unopposed Motion for Extension of Time to File a Reply to the Motion to Dismiss (DE 10). Defendants' reply is due by 5/5/2023. Signed by Magistrate Judge Bruce E. Reinhart on 4/24/2023. (hk02)
April 23, 2023 Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #16 Response in Opposition to Motion, by Jeremy Klatel [sic], Esq.. (Attachments: #1 Text of Proposed Order)(Garcia, Kelly Jean)
April 21, 2023 Filing 16 RESPONSE in Opposition re #10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Deborah Shoenberg Rubin. Replies due by 4/28/2023. (Rubin, Robert)
April 14, 2023 Opinion or Order Filing 15 PAPERLESS ORDER granting #14 Plaintiff's Unopposed Motion for an Extension of Time to File a Response to Defendant's Motion to Dismiss. Plaintiff's response is due by 4/21/2023 and Defendant's reply is due by 4/28/2023. Signed by Magistrate Judge Bruce E. Reinhart on 4/14/2023. (hk02)
April 13, 2023 Filing 14 MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Deborah Shoenberg Rubin. (Rubin, Robert)
April 11, 2023 Opinion or Order Filing 13 PAPERLESS ORDER REFERRING #10 MOTION to Dismiss for appropriate disposition. Motion referred to Judge Bruce E. Reinhart. Signed by Judge Robin L. Rosenberg (ccr)
April 3, 2023 Opinion or Order Filing 12 STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 4/3/2023. See attached document for full details. (nan)
April 3, 2023 Opinion or Order Filing 11 ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, PRETRIAL DEADLINES, AND TRIAL DATE, ORDER OF REQUIREMENTS, ORDER OF REFERENCE TO MAGISTRATE JUDGE, AND ORDER OF REFERENCE TO MEDIATION: (Fact Discovery due by 8/1/2023., Expert Discovery due by 8/1/2023., Dispositive Motions due by 11/1/2023., Jury Trial set for 2/12/2024 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 2/7/2024 10:30 AM before Judge Robin L. Rosenberg., Status Conference set for 2/27/2023 10:00 AM before Judge Robin L. Rosenberg.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 8/30/2023.), ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for appropriate disposition of all pro hac vice motions, motions to substitute counsel, and pretrial motions related to discovery.. Signed by Judge Robin L. Rosenberg on 4/3/2023. See attached document for full details. (ebz) #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.
April 3, 2023 Set/Reset Hearings Status Conference set for 12/27/2023 10:00 AM before Judge Robin L. Rosenberg. Per DE #11 Order. (ebz)
March 31, 2023 Filing 10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Jeremy Klatel [sic], Esq.. Responses due by 4/14/2023 (Garcia, Kelly Jean)
March 24, 2023 Filing 9 Corrected SCHEDULING REPORT - Rule 16.1 by Jeremy Klatel [sic], Esq. (Attachments: #1 Text of Proposed Order)(Garcia, Kelly Jean)
March 24, 2023 Filing 8 Proposed SCHEDULING REPORT - Rule 16.1 by Jeremy Klatel [sic], Esq. (Garcia, Kelly Jean)
March 17, 2023 Filing 7 STATUS REPORT re: Removal by Jeremy Klatel [sic], Esq. (Garcia, Kelly Jean)
March 16, 2023 Opinion or Order Filing 6 ORDER ON UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT: ORDER granting in part and denying in part #5 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Jeremy Klatel [sic], Esq.. Response/Answer due 3/31/2023. Signed by Judge Robin L. Rosenberg on 3/16/2023. See attached document for full details. (nan)
March 15, 2023 Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Jeremy Klatel [sic], Esq.. (Attachments: #1 Text of Proposed Order)(Garcia, Kelly Jean)
March 13, 2023 Opinion or Order Filing 4 ORDER OF COURT-MANDATED REQUIREMENTS ON SERVICE, DEFAULTS, AND JOINT SCHEDULING REPORTS: Signed by Judge Robin L. Rosenberg on 3/13/2023. See attached document for full details. (nan)
March 13, 2023 Filing 3 NOTICE OF COURT PRACTICE IN REMOVAL CASES. Signed by Judge Robin L. Rosenberg on 3/13/2023. See attached document for full details. (nan)
March 10, 2023 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. (rbe)
March 10, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint) Filing fee $ 402.00 receipt number AFLSDC-16418626, filed by Jeremy Klatel [sic], Esq. No Answer/ Motion to Dismiss Filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint/ Documents, #3 Exhibit Composite Exhibit B)(Garcia, Kelly Jean) Modified text & attachment description on 3/13/2023 (rbe).

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Plaintiff: Deborah Shoenberg Rubin
Represented By: Robert Ian Rubin
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Defendant: Shari Gerson, Esq.
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Defendant: Jeremy Klatel [sic], Esq.
Represented By: Kelly Jean Howard Garcia
Represented By: Shari Lyn Gerson
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Defendant: Robert Karmen, Esq.
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