Palm Avenue Hialeah Trust et al v. Eisenberg et al
Florida Southern District Court | |
Judge: | Beth Bloom |
Referred: | Marty Fulgueira Elfenbein |
Case #: | 1:24-cv-23586 |
Nature of Suit | 190 Contract - Other Contract |
Cause | 28:1332 Diversity-Tort/Non-Motor Vehicle |
Case Filed: | Sep 17, 2024 |
Last checked: Sunday Mar 16, 2025 5:00 AM EDT |
Defendant
Ross Eisenberg
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Represented By
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Defendant
Ross Eisenberg Law PLLC
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Represented By
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Mediator
Pamela I. Perry
Pamela I. Perry, P.A. 1501 Venera Avenue Suite 300
Coral Gables, FL 33146 |
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Plaintiff
ARCPE 1 LLC
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Represented By
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Plaintiff
ARCPE Bahamas LLC
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Represented By
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Plaintiff
ARCPE HOLDING LLC
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Represented By
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Plaintiff
Palm Avenue Hialeah Trust
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Represented By
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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
![]() 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
![]() 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 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
![]() 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
![]() 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
![]() 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
![]() 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 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
![]() 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
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Att: 2
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Att: 3
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Att: 4
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Att: 5
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36 | 36
![]() 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
![]() 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
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Friday, April 04, 2025 | ||
32 | 32
![]() 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
![]() 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 and Affirmative Defenses to Complaint by Ross Eisenberg, Ross Eisenberg Law PLLC. (Thompson, Tyler) |
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28 | 28
![]() 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
![]() 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
![]() 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
![]() 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
![]() NOTICE of Mediator Selection. Notice of Mediation Selected/Added Pamela I. Perry as Mediator.(Levy, Mark) |
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Att: 1
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Monday, December 16, 2024 | ||
23 | 23
![]() 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 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
![]() 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 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
![]() 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 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 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 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
![]() 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 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 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
![]() 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 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
![]() 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 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
![]() 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
![]() 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
![]() 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
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Att: 2
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Att: 3
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