Florida Southern District Court
Judge:Beth Bloom
Referred: Marty Fulgueira Elfenbein
Case #: 1:24-cv-23586
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Tort/Non-Motor Vehicle
Case Filed:Sep 17, 2024
Last checked: Sunday Mar 16, 2025 5:00 AM EDT
Defendant
Ross Eisenberg
Represented By
Robin Taylor Symons
Gordon & Rees Scully Mansukhani
contact info
Tyler Charles Thompson
Gordon Rees Scully Mansukhani
contact info
Defendant
Ross Eisenberg Law PLLC
Represented By
Robin Taylor Symons
Gordon & Rees Scully Mansukhani
contact info
Tyler Charles Thompson
Gordon Rees Scully Mansukhani
contact info
Mediator
Pamela I. Perry
Pamela I. Perry, P.A. 1501 Venera Avenue Suite 300
Coral Gables, FL 33146
Plaintiff
ARCPE 1 LLC
Represented By
Mark Andrew Levy
Brinkley Morgan
contact info
Scott Andrew Wagner
Wagner Legal
contact info
Plaintiff
ARCPE Bahamas LLC
Represented By
Mark Andrew Levy
Brinkley Morgan
contact info
Scott Andrew Wagner
Wagner Legal
contact info
Plaintiff
ARCPE HOLDING LLC
Represented By
Mark Andrew Levy
Brinkley Morgan
contact info
Scott Andrew Wagner
Wagner Legal
contact info
Plaintiff
Palm Avenue Hialeah Trust
Represented By
Mark Andrew Levy
Brinkley Morgan
contact info
Scott Andrew Wagner
Wagner Legal
contact info

GPO Mar 14 2025
ORDER denying 10 Motion to Dismiss. Responses due by 3/27/2025. Signed by Judge Beth Bloom on 3/13/2025. See attached document for full details. (ar24)
GPO May 06 2025
ORDER granting in part and denying in part 33 Motion to Quash. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/6/2025. See attached document for full details. (ar24)

Docket last updated: 1 hours ago
Wednesday, May 21, 2025
49 49 minutes Discovery Hearing Status Conference Wed 05/21 3:48 PM
PAPERLESS Minute Order for proceedings held before Magistrate Judge Marty Fulgueira Elfenbein: Discovery Hearing and Status Conference held on 5/21/2025 via Zoom. The Court heard from the Parties. Chase Bank produced a redacted set of records compliant with the Protective Order prior to the hearing as to non-Party Lux Construction Services and requested additional time to produce records for non-Party Real Management Associates, making Plaintiff's request for direction from the Court moot. At the Discovery Status Conference, the Parties stated they have engaged in limited discovery and represented to the Court that they are confident that they will complete discovery by the deadline. The Parties are also in the process of conferring about the scope of certain discovery requests and will contact the Court for a discovery hearing next week if they reach an impasse.Total time in court: 24 minutes. Attorney Appearance(s): Mark Andrew Levy (counsel for the Plaintiffs); Tyler Charles Thompson (counsel for the Defendants); Darius Asly (Counsel for the Non-Parties Lux Construction Services, Inc & Real Management Associates);(Digital 14:07:21; MFE_Zoom_05 21-2025 (ogn1)
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Tuesday, May 20, 2025
48 48 misc Transcript Wed 05/21 8:46 AM
TRANSCRIPT of Discovery Hearing held on 04/30/2025 before Magistrate Judge Marty Fulgueira Elfenbein, 1-52 pages, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2025. Redacted Transcript Deadline set for 6/20/2025. Release of Transcript Restriction set for 8/18/2025. (jgo)
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47 47 order Order Setting/Resetting/Cancelling Hearing Tue 05/20 2:14 PM
PAPERLESS ORDER. The Parties are currently scheduled for a Zoom hearing on May 21, 2025 at 2 p.m. to discuss the subpoena to Chase Bank. In an effort to save the resources of the Court and the Parties, the Discovery Status Conference via Zoom that was previously scheduled for May 27, 2025 at 11 a.m. is now RESET to May 21, 2025 at 2 p.m. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/20/2025. (MFE)
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46 46 misc Status Report Tue 05/20 1:26 PM
STATUS REPORT Joint Discovery Status Report by Palm Avenue Hialeah Trust, ARCPE 1 LLC, ARCPE Bahamas LLC, ARCPE HOLDING LLC (Levy, Mark)
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45 45 order Order Setting/Resetting/Cancelling Hearing Tue 05/20 10:40 AM
PAPERLESS ORDER ON PLAINTIFFS' NOTICE OF RECEIPT. THIS CAUSE is before the Court on Plaintiffs' Notice of Receipt (the "Notice"), in which they alert the Court that they have received a document production from Non-party Chase Bank ("Chase") that contains information the Court previously ordered Chase either not to produce or to redact. See ECF No.44 . Plaintiffs' counsel explains that they noticed, as they began to review the document production, that "Chase had not limited its response and the bank account records were not redacted." See ECF No.44 at 1. So Plaintiffs' counsel stopped the review and filed the Notice asking the Court for further guidance. See ECF No.44 at 1-2. Accordingly, a Zoom hearing is HEREBY SCHEDULED to take place on May 21, 2025, at 2:00 p.m. in the Miami Division before Magistrate Judge Marty Fulgueira Elfenbein. Plaintiffs, Defendants, and any objecting non-parties must appear by Zoom using either of the following methods: (1) copying and pasting the following Zoom Link into a web browser: https://www.zoomgov.com/j/16109660856?pwd=UW5LVWEvcm1xdHR3ZlpnM2VFQVBRQT09; or (2) going to https://www.zoomgov.com and entering Meeting ID 16109660856 and Passcode 309878. Participants should be prepared to explain to the Court how they wish to proceed. The Court does not expect this hearing to last more than 15 minutes. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/20/2025. (MFE)
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Monday, May 19, 2025
44 44 notice Notice (Other) Mon 05/19 1:55 PM
NOTICE OF RECEIPT by Palm Avenue Hialeah Trust, ARCPE 1 LLC, ARCPE Bahamas LLC, ARCPE HOLDING LLC re41 Order on Motion to Quash (Levy, Mark)
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Thursday, May 15, 2025
43 43 1 pgs order Order Referring Motion Thu 05/15 9:36 AM
ORDER REFERRING36 MOTION to Strike29 Answer to Complaint Affirmative Defenses to Complaint filed by ARCPE HOLDING LLC, Palm Avenue Hialeah Trust, ARCPE 1 LLC, ARCPE Bahamas LLC. Motions referred to Judge Marty Fulgueira Elfenbein. Signed by Judge Beth Bloom on 5/14/2025. See attached document for full details. (ar24)
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Monday, May 12, 2025
42 42 respm Reply in Support of Motion Mon 05/12 1:39 PM
REPLY to Response to Motion re36 MOTION to Strike29 Answer to Complaint Affirmative Defenses to Complaint . Reply to Defendants' Response in Opposition to Plaintiffs' Motion to Strike Defendants' Affirmative Defenses to Complaint 40 filed by Palm Avenue Hialeah Trust, ARCPE 1 LLC, ARCPE Bahamas LLC, ARCPE HOLDING LLC. (Levy, Mark)
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Tuesday, May 06, 2025
41 41 12 pgs order Order on Motion to Quash Tue 05/06 11:19 AM
ORDER granting in part and denying in part33 Motion to Quash. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/6/2025. See attached document for full details. (ar24)
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Monday, May 05, 2025
40 40 respm Response in Opposition to Motion Mon 05/05 6:07 PM
RESPONSE in Opposition re36 MOTION to Strike29 Answer to Complaint Affirmative Defenses to Complaint filed by Ross Eisenberg, Ross Eisenberg Law PLLC. Replies due by 5/12/2025. (Symons, Robin)
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Wednesday, April 30, 2025
39 39 minutes Discovery Hearing Thu 05/01 8:56 AM
PAPERLESS Minute Order for proceedings held before Magistrate Judge Marty Fulgueira Elfenbein: Discovery Hearing held on 4/30/2025. The Court heard from Plaintiff and the Non-Parties regarding the Motion to Quash Subpoena and for Protective Order; reasons stated on the record. Order to follow.Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): Mark Andrew Levy and Scott Andrew Wagner (counsel for the Plaintiff, appeared in person, along with John Olsen); Charles Mitchell Possino (counsel for the Defendant); Darius Asly (counsel for the Non-Parties, appeared along with Barry Brecher) (Digital 11:27:23) (ogn1)
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Tuesday, April 29, 2025
38 38 notice Notice of Attorney Appearance Tue 04/29 5:00 PM
NOTICE of Attorney Appearance by Charles Mitchell Possino on behalf of Ross Eisenberg, Ross Eisenberg Law PLLC. Attorney Charles Mitchell Possino added to party Ross Eisenberg(pty:dft), Attorney Charles Mitchell Possino added to party Ross Eisenberg Law PLLC(pty:dft). (Possino, Charles)
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Monday, April 21, 2025
37 37 respm Response to Motion Mon 04/21 5:58 PM
RESPONSE to Motion re33 Third Party MOTION to Quash Subpoena and for Protective Order Prohibiting Subpoena filed by Palm Avenue Hialeah Trust, ARCPE 1 LLC, ARCPE Bahamas LLC, ARCPE HOLDING LLC. Replies due by 4/28/2025.(Levy, Mark)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E
36 36 motion Strike Mon 04/21 2:39 PM
MOTION to Strike29 Answer to Complaint Affirmative Defenses to Complaint by Palm Avenue Hialeah Trust, ARCPE 1 LLC, ARCPE Bahamas LLC, ARCPE HOLDING LLC. Responses due by 5/5/2025. (Levy, Mark)
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Tuesday, April 15, 2025
35 35 order Order Setting/Resetting/Cancelling Hearing Tue 04/15 6:26 PM
PAPERLESS ORDER setting hearing. A discovery hearing addressing Non-Parties Lux Construction Services Inc. and Real Management Associates' Motion to Quash Subpoena and for Protective Order , ECF No.33 , is hereby scheduled to take place in Courtroom 5 of the C. Clyde Atkins United States Courthouse, 301 North Miami Avenue, Miami, Florida, 33128 on April 30, 2025, at 11:00 a.m. before United States Magistrate Judge Marty Fulgueira Elfenbein. The Parties must appear in person for the hearing. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/15/2025. (MFE)
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34 34 order - Order (PAPERLESS or pdf attached) Tue 04/15 6:20 PM
PAPERLESS ORDER requiring expedited briefing. Plaintiff shall file a response to Non-Parties Lux Construction Services Inc. and Real Management Associates' Motion to Quash Subpoena and for Protective Order, ECF No.33 , no later than April 21, 2025 . Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/15/2025. (MFE)
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utility ~Util - Set/Reset Motion/R&R Deadlines and Hearings Wed 04/16 7:57 AM
Set/Reset Deadlines/Hearings per DE 34 as to33 Third Party MOTION to Quash Subpoena and for Protective Order Prohibiting Subpoena . Responses due by 4/21/2025. (pcs)
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Friday, April 11, 2025
33 33 motion Quash Fri 04/11 1:49 PM
Third Party MOTION to Quash Subpoena and for Protective Order Prohibiting Subpoena by Lux Construction Services, Inc. and Real Management Associates. Attorney Darius Asly added to party Lux Construction Services, Inc. and Real Management Associates(pty:dft).(Asly, Darius)
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Att: 1 Exhibit Subpoena
Friday, April 04, 2025
32 32 adr Mediation Report Fri 04/04 10:59 AM
FINAL MEDIATION REPORT held before Mediator Pamela I Perry. Prepared by: Pamela I. Perry. Filed by Pamela I. Perry. Disposition: Case did not settle. Mediation held/partially held via video-conference. (Perry, Pamela)
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Monday, March 31, 2025
31 31 order Order on Motion for Miscellaneous Relief Mon 03/31 5:14 PM
PAPERLESS ORDER granting ECF No.30 , Unopposed Motion to Deem Answer Timely Filed. Signed by Judge Beth Bloom (jkk)
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30 30 motion Miscellaneous Relief Mon 03/31 4:52 PM
Unopposed MOTION to Deem Answer Timely Filed, or in the Alternative, Motion for Leave to File the Answer and Affirmative Defenses on March 31, 2025 by Ross Eisenberg, Ross Eisenberg Law PLLC. (Thompson, Tyler)
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29 29 answer Answer to Complaint Mon 03/31 10:14 AM
ANSWER and Affirmative Defenses to Complaint by Ross Eisenberg, Ross Eisenberg Law PLLC. (Thompson, Tyler)
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28 28 order - Order (PAPERLESS or pdf attached) Mon 03/31 10:02 AM
ORDER ON DEFAULT PROCEDURES. Plaintiffs shall submit a Motion for Entry of Clerk's Default with respect to Defendants no later than April 11, 2025. Signed by Judge Beth Bloom on 3/28/2025. See attached document for full details. (ar24)
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Friday, March 14, 2025
27 27 16 pgs order Order on Motion to Dismiss Fri 03/14 10:03 AM
ORDER denying10 Motion to Dismiss. Responses due by 3/27/2025. Signed by Judge Beth Bloom on 3/13/2025. See attached document for full details. (ar24)
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utility ~Util - Set/Reset Response/Answer Due Deadline Fri 03/14 10:12 AM
Set/Reset Response/Answer Due Deadline: Ross Eisenberg response/answer due 3/27/2025; Ross Eisenberg Law PLLC response/answer due 3/27/2025. (ar24)
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Friday, February 14, 2025
26 26 adr Mediation Report Fri 02/14 2:25 PM
MEDIATION REPORT held before Mediator Pamela I Perry. Prepared by: Pamela I. Perry. Filed by Pamela I. Perry. Disposition: Adjourned. Mediation held/partially held via video-conference. (Perry, Pamela)
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Monday, December 23, 2024
25 25 1 pgs order Order Scheduling Mediation Mon 12/23 2:30 PM
ORDER Scheduling Mediation before Mediator Pamela Perry. Mediation Hearing set for 2/12/2025 10:00 AM Signed by Judge Beth Bloom on 12/23/2024. See attached document for full details. (pcs)
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Tuesday, December 17, 2024
24 24 adr Notice of Mediator Selection and/or Hearing Tue 12/17 5:29 PM
NOTICE of Mediator Selection. Notice of Mediation Selected/Added Pamela I. Perry as Mediator.(Levy, Mark)
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Att: 1 Text of Proposed Order
Monday, December 16, 2024
23 23 respm Reply to Response to Motion Mon 12/16 6:09 PM
REPLY to Response to Motion re10 MOTION to Dismiss1 Complaint, filed by Ross Eisenberg, Ross Eisenberg Law PLLC. (Thompson, Tyler)
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Thursday, December 12, 2024
22 22 notice Clerk's Notice - Attorney Admissions Thu 12/12 1:33 PM
CLERK'S NOTICE - Attorney Admissions has updated the address and email information as submitted through attorneys PACER account for attorney Tyler Charles Thompson (pt)
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21 21 notice Notice of CHANGE OF ADDRESS, Email or Law Firm Name Thu 12/12 12:30 PM
NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Tyler Charles Thompson (Thompson, Tyler)
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Wednesday, December 11, 2024
20 20 order Order on Motion for Extension of Time Wed 12/11 4:21 PM
PAPERLESS ORDER granting ECF No.19 , Unopposed Motion for Extension of Time to Select Mediator and Mediation Date. The Parties shall have until December 17, 2024 to select a mediator and mediation date. Signed by Judge Beth Bloom (jkk)
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19 19 motion Extension of Time Wed 12/11 3:54 PM
Unopposed MOTION for Extension of Time to Select Mediator and Mediation Date filed Jointly by ARCPE 1 LLC, ARCPE Bahamas LLC, ARCPE HOLDING LLC, Palm Avenue Hialeah Trust. Responses due by 12/26/2024. (Wagner, Scott)
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18 18 notice Notice of Attorney Appearance Wed 12/11 3:44 PM
NOTICE of Attorney Appearance by Mark Andrew Levy on behalf of ARCPE 1 LLC, ARCPE Bahamas LLC, ARCPE HOLDING LLC, Palm Avenue Hialeah Trust. Attorney Mark Andrew Levy added to party ARCPE 1 LLC (pty:pla), Attorney Mark Andrew Levy added to party ARCPE Bahamas LLC (pty:pla), Attorney Mark Andrew Levy added to party ARCPE HOLDING LLC(pty:pla), Attorney Mark Andrew Levy added to party Palm Avenue Hialeah Trust (pty:pla). (Levy, Mark)
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Monday, December 09, 2024
17 17 respm Response in Opposition to Motion Mon 12/09 3:29 PM
RESPONSE in Opposition re10 MOTION to Dismiss1 Complaint, filed by ARCPE 1 LLC, ARCPE Bahamas LLC, ARCPE HOLDING LLC, Palm Avenue Hialeah Trust. Replies due by 12/16/2024. (Wagner, Scott)
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Friday, December 06, 2024
16 16 notice Notice of Attorney Appearance Fri 12/06 12:31 PM
NOTICE of Attorney Appearance by Tyler Charles Thompson on behalf of Ross Eisenberg, Ross Eisenberg Law PLLC. Attorney Tyler Charles Thompson added to party Ross Eisenberg(pty:dft), Attorney Tyler Charles Thompson added to party Ross Eisenberg Law PLLC(pty:dft). (Thompson, Tyler)
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Monday, December 02, 2024
15 15 order Order on Motion for Extension of Time to File Response/Reply/Answer Mon 12/02 9:27 AM
PAPERLESS ORDER granting ECF No.14 , Motion For Enlargement to Respond to Motion to Dismiss nunc pro tunc to the date Plaintiffs' motion was filed. Plaintiffs shall respond to Defendants' Motion to Dismiss no later than December 9, 2024. Signed by Judge Beth Bloom (jkk)
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utility ~Util - Set/Reset Motion/R&R Deadlines and Hearings Mon 12/02 11:54 AM
Set/Reset Deadlines/Hearings per DE 15 as to10 MOTION to Dismiss1 Complaint, . Responses due by 12/9/2024. (pcs)
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Friday, November 29, 2024
14 14 motion Extension of Time to File Response/Reply/Answer Fri 11/29 8:15 PM
MOTION for Extension of Time to File Response/Reply/Answer as to10 MOTION to Dismiss1 Complaint, by ARCPE 1 LLC, ARCPE Bahamas LLC, ARCPE HOLDING LLC. (Wagner, Scott)
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Wednesday, November 20, 2024
13 13 order - Order (PAPERLESS or pdf attached) Thu 11/21 7:58 AM
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Marty Fulgueira Elfenbein on 11/20/2024. See attached document for full details. (pcs)
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12 12 2 pgs order Order Setting Status Conference Status Report Order Thu 11/21 7:56 AM
ORDER SETTING DISCOVERY STATUS CONFERENCE: (Status Conference Re: Discovery Matters set for 5/27/2025 11:00 AM before Magistrate Judge Marty Fulgueira Elfenbein, Joint Discovery Status Report due by 5/20/2025.) Signed by Magistrate Judge Marty Fulgueira Elfenbein on 11/20/2024. See attached document for full details. (pcs)
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11 11 order Scheduling Order Order Referring Case to Magistrate Judge Order Referring Case to Mediation Wed 11/20 2:10 PM
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Amended Pleadings due by 1/19/2025., Discovery due by 7/8/2025., Expert Discovery due by 7/8/2025., Joinder of Parties due by 1/19/2025., Mediation Deadline 7/22/2025., In Limine Motions due by 10/20/2025., Dispositive Motions due by 7/30/2025., Motions due by 7/30/2025., Pretrial Stipulation due by 10/20/2025., Jury Trial set for 11/3/2025 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 10/28/2025 before Judge Beth Bloom.), ORDER REFERRING CASE to Magistrate Judge Marty Fulgueira Elfenbein for Discovery Matters. Signed by Judge Beth Bloom on 11/20/2024. See attached document for full details. (pcs)
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Friday, November 15, 2024
10 10 motion Dismiss Fri 11/15 5:31 PM
MOTION to Dismiss1 Complaint, by Ross Eisenberg, Ross Eisenberg Law PLLC. Responses due by 12/2/2024. (Symons, Robin)
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Wednesday, October 30, 2024
9 9 order Order on Motion for Extension of Time to File Response/Reply/Answer Wed 10/30 9:13 AM
PAPERLESS ORDER granting8 Motion for Extension of Time to File Response to Plaintiff's Complaint by November 15, 2024. Signed by Judge Beth Bloom (BB)
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utility ~Util - Set/Reset Response/Answer Due Deadline Wed 10/30 9:45 AM
Reset Response/Answer Due Deadline per DE#9: Ross Eisenberg response/answer due 11/15/2024; Ross Eisenberg Law PLLC response/answer due 11/15/2024. (scn)
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Tuesday, October 29, 2024
8 8 motion Extension of Time to File Response/Reply/Answer Tue 10/29 7:53 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to1 Complaint, by Ross Eisenberg, Ross Eisenberg Law PLLC. (Symons, Robin)
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7 7 notice Notice of Attorney Appearance Tue 10/29 7:51 PM
NOTICE of Attorney Appearance by Robin Taylor Symons on behalf of Ross Eisenberg, Ross Eisenberg Law PLLC. Attorney Robin Taylor Symons added to party Ross Eisenberg(pty:dft), Attorney Robin Taylor Symons added to party Ross Eisenberg Law PLLC(pty:dft). (Symons, Robin)
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Monday, October 21, 2024
6 6 misc Response to Order to Show Cause Mon 10/21 11:11 AM
RESPONSE TO ORDER TO SHOW CAUSE re5 Order by ARCPE 1 LLC, ARCPE Bahamas LLC, ARCPE HOLDING LLC, Palm Avenue Hialeah Trust. (Wagner, Scott)
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5 5 order - Order (PAPERLESS or pdf attached) Mon 10/21 10:54 AM
ORDER TO FILE PROOF OF SERVICE Signed by Judge Beth Bloom on 10/21/2024. See attached document for full details. (pcs)
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Wednesday, September 18, 2024
4 4 6 pgs order Order Requiring Joint Scheduling Report Wed 09/18 11:28 AM
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Signed by Judge Beth Bloom on 9/18/2024. See attached document for full details. (pcs)
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3 3 service Summons Issued Wed 09/18 8:18 AM
Summons Issued as to Ross Eisenberg, and Ross Eisenberg Law PLLC. (wce)
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Tuesday, September 17, 2024
2 2 order Clerk's Notice of Judge Assignment and Optional Consent Wed 09/18 8:13 AM
Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (wce)
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1 1 7 pgs cmp Complaint Tue 09/17 10:59 PM
COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17842303, filed by Palm Avenue Hialeah Trust, ARCPE HOLDING LLC, ARCPE Bahamas LLC, ARCPE 1 LLC.(Wagner, Scott)
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Att: 1 Civil Cover Sheet,
Att: 2 Summon(s),
Att: 3 Summon(s)