Rivas v. Taylor Made Lending LLC et al
| Armando Rivas |
| Taylor Made Lending LLC, Jarrod Markofsky, Matthew Markofsky, Devra L. Gelman, Jeff Hall, Joel S. Piotrkowski, IBI-EJ Falcon Investments LLC, E&J Capital LLC, Max A. Zaretsky, Eli Hen, Jonathan Handler and Any and all unkown persons and entities who may have an interest in this matter |
| 9:2025cv80260 |
| February 24, 2025 |
| U.S. District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2025. A more recent docket listing may be available from PACER.
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Filing 69
ORDER Denying #66 Plaintiff's Motion to Proceed in forma pauperis on Appeal. Signed by Judge Donald M. Middlebrooks on 4/11/2025. See attached document for full details. (apz)
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| Filing 68 Acknowledgment of Receipt of NOA from USCA re #65 Notice of Appeal, filed by Armando Rivas. Date received by USCA: 04/09/2025. USCA Case Number: 25-11167-C. (jgo) |
| Filing 67 CLERK'S NOTICE of Mailing Pro Se Instructions to Armando Rivas re #65 Notice of Appeal. (apz) |
| Filing 66 MOTION for Permission to Appeal in forma pauperis and Affidavit by Armando Rivas. (apz) |
| Filing 65 Notice of Appeal re #64 Order Dismissing/Closing Case, by Armando Rivas. IFP Filed. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (apz) |
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Filing 64
ORDER ON MOTIONS TO DISMISS: Accordingly, it is hereby ORDERED AND ADJUDGED that the Motions to Dismiss (DE 58; DE 60) are GRANTED. Plaintiff's Amended Complaint (DE 7) is DISMISSED. Closing Case. (With Prejudice) Motions terminated: #61 Defendant's MOTION to Dismiss with Prejudice #7 Amended Complaint/Amended Notice of Removal, filed by Matthew Markofsky, Jarrod Markofsky, E&J Capital LLC, IBI-EJ Falcon Investments LLC, Devra L. Gelman, Taylor Made Lending LLC, #60 Defendant's MOTION TO DISMISS #7 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Max A. Zaretsky, #58 MOTION TO DISMISS #7 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Jeff Hall, Joel S. Piotrkowski. Signed by Judge Donald M. Middlebrooks on 4/8/2025. See attached document for full details. (pc)
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| Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re #65 Notice of Appeal, Notice has been electronically mailed. (apz) |
| Filing 63 Plaintiff's Opposition to Defendant Max A. Zaretsky's Motion to Dismiss Amended Complaint re #60 Defendant's MOTION TO DISMISS #7 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Armando Rivas. Replies due by 4/14/2025. (pc) |
| Filing 62 Plaintiff's Opposition to Defendants Joel S. Piotrkowski and Jeffrey R. Hall's Motion to Dismiss re #58 MOTION TO DISMISS #7 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Armando Rivas. Replies due by 4/14/2025. (pc) |
| Filing 61 Defendant's MOTION to Dismiss with Prejudice #7 Amended Complaint/Amended Notice of Removal, by Taylor Made Lending LLC, Jarrod Markofsky, Matthew Markofsky, Devra L. Gelman, IBI-EJ Falcon Investments LLC, E&J Capital LLC. Attorney Kenneth Mark Rehns added to party Devra L. Gelman(pty:dft). Responses due by 4/21/2025. (Attachments: #1 Exhibit 1-Verified Second Amended Complaint of Foreclosure, #2 Exhibit 2-Counter Verified Complaint, #3 Exhibit 3-Email Chain)(Rehns, Kenneth) |
| Filing 60 Defendant's MOTION TO DISMISS #7 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Max A. Zaretsky. Attorney Kenneth Mark Rehns added to party Max A. Zaretsky(pty:dft). Responses due by 4/16/2025. (Rehns, Kenneth) |
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Filing 59
PAPERLESS ORDER denying as moot #45 Defendants Hall and Piotrkowski's Motion for Extension of Time, in light of filing of Motion to Dismiss (DE #58 ). Signed by Judge Donald M. Middlebrooks on 4/2/2025. (kid)
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| Filing 58 MOTION TO DISMISS #7 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Jeff Hall, Joel S. Piotrkowski. Responses due by 4/15/2025. (Johnson, Stephen) |
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Filing 57
Order on Deficient Motions re #56 Motion to Disqualify Judge. Signed by Judge Donald M. Middlebrooks on 3/31/2025. See attached document for full details. (pc)
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| Filing 56 Plaintiff's Motion to Recuse/Disqualify the Honorable Judge Donald M. Middlebrooks by Armando Rivas. (pc) |
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Filing 55
ORDER ON DEFICIENT MOTIONS re #52 Motion for Default Judgment filed by Armando Rivas, #53 Motion for Miscellaneous Relief filed by Armando Rivas Motions terminated: #53 MOTION requesting Equitable Damages Based on Violations of the Fair Debt Collection Practices Act (FDCPA) filed by Armando Rivas, #52 MOTION for Default Judgment filed by Armando Rivas. Signed by Judge Donald M. Middlebrooks on 3/27/2025. See attached document for full details. (pc)
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Filing 54
ORDER EXPEDITING BRIEFING SCHEDULE: Accordingly, it is hereby ORDERED AND ADJUDGED that, Plaintiff shall file a response to the Motion no later than April 1, 2025, setting forth therein the grounds upon which he opposes the relief sought. re #45 Defendant's MOTION for Extension of Time to respond to the Complaint re #1 Complaint, filed by Jeff Hall, Joel S. Piotrkowski, Set/Reset Deadline as to #45 Defendant's MOTION for Extension of Time to respond to the Complaint re #1 Complaint,. (Responses due by 4/1/2025.) Signed by Judge Donald M. Middlebrooks on 3/27/2025. See attached document for full details. (pc)
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| Filing 53 (STRICKEN) Plaintiffs Motion requesting Equitable Damages Based on Violations of the Fair Debt Collection Practices Act (FDCPA) by Armando Rivas. (Attachments: #1 Exhibit Exhibit A-1, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(pc) Modified per DE #55 on 3/28/2025 (pc). |
| Filing 52 (STRICKEN) Plaintiff's Motion for Entry of Judicial Default Against Joel Piotrkowski by Armando Rivas. (pc) Modified per DE #55 on 3/28/2025 (pc). |
| Filing 51 Clerk's Entry of Default as to Any and all Unknown Persons and Entities who may have an interest in this matter - Motions Terminated: #50 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 3/26/2025. (pc) |
| Filing 50 MOTION for Clerk's Entry of Default as to Any and all unknown persons and entities who may have an interest in this matter by Armando Rivas. (pc) |
| Filing 49 Clerk's Non-Entry of Default as to Joel S. Piotrkowski - Motions Terminated: #48 Motion for Clerks Entry of Default. Reason: Responsive pleading (i.e. Motion for Extension of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed Signed by DEPUTY CLERK on 3/26/2025. (pc) |
| Filing 48 Plaintiff's Motion for Clerk's Entry of Default as to Joel S. Piotrkowski by Armando Rivas. (pc) |
| Filing 47 Clerk's Non-Entry of Default as to Matthew Markofsky - Motions Terminated: #46 Motion for Clerks Entry of Default. Reason: Answer deadline has NOT lapsed Signed by DEPUTY CLERK on 3/26/2025. (pc) |
| Filing 46 Plaintiff's Motion for Clerk's Entry of Default as to Matthew Markofsky by Matthew Markofsky. (pc) Modified text on 3/26/2025 (pc). |
| Filing 45 Defendant's MOTION for Extension of Time to respond to the Complaint re #1 Complaint, by Jeff Hall, Joel S. Piotrkowski. Responses due by 4/8/2025. (Johnson, Stephen) |
| Filing 44 Clerk's Non-Entry of Default as to Jarrod Markofsky - Motions Terminated: #43 Motion for Clerks Entry of Default. Reason: Answer deadline has NOT lapsed Signed by DEPUTY CLERK on 3/25/2025. (pc) |
| Filing 43 Plaintiff's Motion for Clerk's Entry of Default as to Jarrod Markofsky by Armando Rivas. (pc) Modified text on 3/26/2025 (pc). |
| Filing 42 Clerk's Entry of Default as to Jeff Hall - Motions Terminated: #41 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 3/25/2025. (pc) |
| Filing 41 Plaintiff's Motion for Clerk's Entry of Default as to Jeff Hall by Armando Rivas. (pc) Modified text on 3/26/2025 (pc). |
| Filing 40 Clerk's Non-Entry of Default as to Armando Rivas - Motions Terminated: #39 Motion for Clerks Entry of Default. Reason: Answer deadline has NOT lapsed Signed by DEPUTY CLERK on 3/25/2025. (pc) |
| Filing 39 Plaintiff's Motion for Clerk's Entry of Default as to Taylor Made Lending LLC by Armando Rivas. (pc) Modified text on 3/26/2025 (pc). |
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Filing 38
ORDER on Motion for Extension of Time granting #18 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document E&J Capital LLC. Response/Answer due 4/7/2025; IBI-EJ Falcon Investments LLC. Response/Answer due 4/7/2025; Jarrod Markofsky. Response/Answer due 4/7/2025; Matthew Markofsky. Response/ Answer due 4/7/2025; Taylor Made Lending LLC. Response/Answer due 4/7/2025. Signed by Judge Donald M. Middlebrooks on 3/25/2025. See attached document for full details. (pc)
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| Filing 37 Plaintiff's Opposition to Defendants' Refiled Motion Extend Time to Respond to the Amended Complaint re #18 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #7 Amended Complaint/Amended Notice of Removal, filed by Armando Rivas. Replies due by 3/28/2025. (pc) |
| Filing 36 Clerk's Non-Entry of Default as to IBI-EJ Falcon Investments LLC - Motions Terminated: #35 Motion for Clerks Entry of Default. Reason: Responsive pleading (i.e. Motion for Extension of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed Signed by DEPUTY CLERK on 3/20/2025. (pc) |
| Filing 35 MOTION for Clerk's Entry of Default as to IBI-EJ Falcon Investments LLC by Armando Rivas. (pc) |
| Filing 34 Clerk's Non-Entry of Default as to E&J Capital LLC - Motions Terminated: #33 Motion for Clerks Entry of Default. Reason: Responsive pleading (i.e. Motion for Extension of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed Signed by DEPUTY CLERK on 3/20/2025. (pc) |
| Filing 33 MOTION for Clerk's Entry of Default as to E&J Capital LLC by Armando Rivas. (pc) |
| Filing 32 MOTION for Clerk's Entry of Default as to Any and all unkown persons and entities who may have an interest in this matter by Armando Rivas. (pc) |
| Filing 31 Clerk's Non-Entry of Default as to Any and all unknown persons and entities who may have an interest in this matter. Reason: Responsive pleading (i.e. Motion for Extension of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed Signed by DEPUTY CLERK on 3/20/2025. (pc) |
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Filing 30
PAPERLESS ORDER striking #17 in light of Defendants' filing of an identical Motion for Extension of Time [(DE 18]). Signed by Judge Donald M. Middlebrooks on 3/20/2025. (kid)
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| Filing 29 Clerk's Non-Entry of Default as to E&J Capital LLC - Motions Terminated: #28 Motion for Clerks Entry of Default. Reason: Answer deadline has NOT lapsed Signed by DEPUTY CLERK on 3/19/2025. (pc) |
| Filing 28 MOTION for Clerk's Entry of Default as to E&J Capital LLC by Armando Rivas. (pc) |
| Filing 27 Clerk's Non-Entry of Default as to IBI-EJ Falcon Investments LLC - Motions Terminated: #26 Motion for Clerks Entry of Default. Reason: Answer deadline has NOT lapsed Signed by DEPUTY CLERK on 3/19/2025. (pc) |
| Filing 26 MOTION for Clerk's Entry of Default as to IBI-EJ Falcon Investments LLC by Armando Rivas. (pc) |
| Filing 25 Clerk's Non-Entry of Default as to Any and all unkown persons and entities who may have an interest in this matter - Motions Terminated: #24 Motion for Clerks Entry of Default. Reason: Answer deadline has NOT lapsed Signed by DEPUTY CLERK on 3/19/2025. (pc) |
| Filing 24 MOTION for Clerk's Entry of Default as to Any and all unknown persons and entities who may have an interest in this matter by Armando Rivas. (pc) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Armando Rivas. Devra L. Gelman waiver sent on 3/18/2025, response/answer due 5/19/2025. (pc) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Eli Hen, Jonathan Handler, Max A. Zaretsky. Eli Hen waiver sent on 3/18/2025, response/answer due 5/19/2025; Jonathan Handler waiver sent on 3/18/2025, response/answer due 5/19/2025. (pc) |
| Filing 21 SUMMONS (Affidavit) Returned Executed on #7 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Armando Rivas. Max A. Zaretsky served on 3/13/2025, response/answer due 4/3/2025. (pc) |
| Filing 20 NOTICE of Attorney Appearance by Stephen Hunter Johnson on behalf of Jeff Hall, Joel S. Piotrkowski. Attorney Stephen Hunter Johnson added to party Jeff Hall(pty:dft), Attorney Stephen Hunter Johnson added to party Joel S. Piotrkowski(pty:dft). (Johnson, Stephen) |
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Filing 19
ORDER EXPEDITING BRIEFING SCHEDULE re #18 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #7 Amended Complaint/Amended Notice of Removal, filed by Matthew Markofsky, Jarrod Markofsky, E&J Capital LLC, IBI-EJ Falcon Investments LLC, Taylor Made Lending LLC. Accordingly, it is hereby ORDERED AND ADJUDGED that, Plaintiff shall file a response to the Motion no later than March 26, 2025, setting forth therein the grounds upon which he opposes the relief sought. (Responses due by 3/26/2025.) Signed by Judge Donald M. Middlebrooks on 3/19/2025. See attached document for full details. (pc)
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| Filing 18 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #7 Amended Complaint/Amended Notice of Removal, by Taylor Made Lending LLC, Jarrod Markofsky, Matthew Markofsky, IBI-EJ Falcon Investments LLC, E&J Capital LLC. (Attachments: #1 Text of Proposed Order)(Rehns, Kenneth) |
| Filing 17 (STRICKEN) Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #7 Amended Complaint/Amended Notice of Removal, by Taylor Made Lending LLC, Jarrod Markofsky, Matthew Markofsky, IBI-EJ Falcon Investments LLC, E&J Capital LLC. Attorney Kenneth Mark Rehns added to party Taylor Made Lending LLC (pty:dft), Attorney Kenneth Mark Rehns added to party Jarrod Markofsky(pty:dft), Attorney Kenneth Mark Rehns added to party Matthew Markofsky(pty:dft), Attorney Kenneth Mark Rehns added to party IBI-EJ Falcon Investments LLC (pty:dft), Attorney Kenneth Mark Rehns added to party E&J Capital LLC (pty:dft). (Rehns, Kenneth) Modified per DE 30 on 3/20/2025 (pc). |
| Filing 16 NOTICE of Filing re Service of Court Documents by Armando Rivas. (jas) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Armando Rivas. Jeff Hall served on 3/3/2025, response/answer due 3/24/2025. (jas) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Armando Rivas. Taylor Made Lending LLC served on 3/3/2025, response/answer due 3/24/2025. (jas) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Armando Rivas. IBI-EJ Falcon Investments LLC served on 2/26/2025, response/answer due 3/19/2025. (jas) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Armando Rivas. E&J Capital LLC served on 2/26/2025, response/answer due 3/19/2025. (jas) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Armando Rivas. Jarrod Markofsky served on 3/3/2025, response/answer due 3/24/2025. (jas) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Armando Rivas. Matthew Markofsky served on 3/3/2025, response/answer due 3/24/2025. (jas) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Armando Rivas. Any and all unkown persons and entities who may have an interest in this matter served on 2/26/2025, response/answer due 3/19/2025. (jas) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Armando Rivas. Joel S. Piotrkowski served on 3/3/2025, response/answer due 3/24/2025. (jas) |
| Filing 7 AMENDED VERIFIED COMPLAINT against Any and all unkown persons and entities who may have an interest in this matter, E&J Capital LLC, Devra L. Gelman, Jeff Hall, Jonathan Handler, Eli Hen, IBI-EJ Falcon Investments LLC, Jarrod Markofsky, Matthew Markofsky, Joel S. Piotrkowski, Taylor Made Lending LLC, Max A. Zaretsky filed in response to Order Granting Motion for Leave, filed by Armando Rivas. (Attachments: #1 Exhibit)(pc) |
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Filing 6
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Donald M. Middlebrooks on 2/26/2025. See attached document for full details. (amb)
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Filing 5
ORDER SUA SPONTE DISMISSING COMPLAINT WITHOUT PREJUDICE. ( Amended Complaint due by 3/18/2025.) Signed by Judge Donald M. Middlebrooks on 2/26/2025. See attached document for full details. (amb)
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| Filing 4 Summons Issued as to E&J Capital LLC, Devra L. Gelman, Jeff Hall, Jonathan Handler, Eli Hen, IBI-EJ Falcon Investments LLC, Jarrod Markofsky, Matthew Markofsky, Joel S. Piotrkowski, Taylor Made Lending LLC, Max A. Zaretsky, any and all unkown persons and entities who may hvae an interest in this matter. (wce) (Main Document 4 replaced on 2/24/2025) (jmd). |
| Filing 3 Clerks Notice of Receipt of Filing Fee received on 3/24/2025 in the amount of $ 405.00, receipt number 9374. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (wce) |
| Filing 1 COMPLAINT against E&J Capital LLC, Devra L. Gelman, Jeff Hall, Jonathan Handler, Eli Hen, IBI-EJ Falcon Investments LLC, Jarrod Markofsky, Matthew Markofsky, Joel S. Piotrkowski, Taylor Made Lending LLC, Max A. Zaretsky, any and all unkown persons and entities who may hvae an interest in this matter. Filing fees $ 405.00, filed by Armando Rivas. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(wce) |
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