| Court: | flsd |
| Docket #: | 1:09-cv-23543 |
| Case Name: | Federal Trade Commission v. Truman Foreclosure Assistance, LLC et al |
| PACER case #: | 347753 |
| Date filed: | 2009-11-23 |
| Date terminated: | 2011-06-23 |
| Assigned to: | Judge Joan A. Lenard |
| Referred to: | Magistrate Judge John J. O'Sullivan |
| Case Cause: | 15:0045 Federal Trade Commission Act |
| Nature of Suit: | 890 Other Statutory Actions |
| Jury Demand: | Defendant |
| Jurisdiction: | U.S. Government Plaintiff |
| Represented Party | Attorney & Contact Info |
| Federal Trade Commission Plaintiff |
David M. Wiese Karan R. Singh Kathleen M. Pessolano |
| Truman Foreclosure Assistance, LLC Defendant a Florida limited liability company |
|
| Truman Mitigation Services, LLC Defendant a Florida limited liability company |
|
| Franklin Financial Group US LLC Defendant a Florida limited liability company |
|
| Eli Hertz Defendant |
Eli Hertz |
| Benzion Jack Itzkowitz Defendant also known asJack Itzkowitz |
Brooke Caroline Madonna Richard Gallucci |
| Richard Zafrani Defendant also known asRick Zafrani |
Richard Zafrani Eric C. Pinkard |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-11-23 | 1 | 0 | COMPLAINT against Franklin Financial Group US LLC, Eli Hertz, Benzion Jack Itzkowitz, Truman Foreclosure Assistance, LLC, Truman Mitigation Services, LLC, Richard Zafrani. Filing fee $ 350.00. USA Filer - No Filing Fee Required, filed by Federal Trade Commission.(mg) (Entered: 11/23/2009) | |||
| 2009-11-23 | 2 | 0 | MOTION for Issuance of a Preliminary Injunction by Federal Trade Commission. (Attachments: # 1 Text of Proposed Order proposed Preliminary Injunction)(mg) (Entered: 11/23/2009) | |||
| 2009-11-23 | 3 | 0 | MOTION and Brief in Support of Request to File Memorandum in Excess of Page Limitation by Federal Trade Commission. (Attachments: # 1 Memorandum in Support of its Motion for Issuance of a Preliminary Injunction)(mg) (Entered: 11/23/2009) | |||
| 2009-11-23 | 4 | 0 | Summons Issued as to Franklin Financial Group US LLC, Eli Hertz, Benzion Jack Itzkowitz, Truman Foreclosure Assistance, LLC, Truman Mitigation Services, LLC, Richard Zafrani. (Attachments: # 1 summons of Benzion Jack Itzkowitz, # 2 Summons of Franklin Financial Group US LLC, # 3 summons for Truman Mitigation Services, LLC, # 4 summons for Truman Foreclosure Assistance, LLC, # 5 Eli Hertz)(mg) (Entered: 11/23/2009) | |||
| 2009-11-23 | 5 | 0 | EXHIBITS in Support of Plaintiff's Memorandum in Support of its Motion for Issuance of a Preliminary Injunction Volume I by Federal Trade Commission. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(mg) (Entered: 11/23/2009) | |||
| 2009-11-23 | 6 | 0 | EXHIBITS in support of Plaintiff's Memorandum in support of its Motion for Issuance of a Preliminary Injunction Volume II by Federal Trade Commission. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(mg) (Entered: 11/23/2009) | |||
| 2009-11-24 | 7 | 0 | ORDER granting 3 Plaintiff's Motion for Leave to File Excess Pages. It is hereby ORDERED AND ADJUDGED that Plaintiff's memorandum of law in support of its Motion for Issuance of Preliminary Injunction 2 , shall not exceed thirty-nine (39) pages. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/24/2009. (mhz) (Entered: 11/24/2009) | |||
| 2009-12-01 | 8 | 0 | SUMMONS (Affidavit) Returned Executed by Federal Trade Commission. Truman Foreclosure Assistance, LLC served on 11/23/2009, answer due 12/14/2009. (Wiese, David) (Entered: 12/01/2009) | |||
| 2009-12-01 | 9 | 0 | SUMMONS (Affidavit) Returned Executed by Federal Trade Commission. Truman Mitigation Services, LLC served on 11/23/2009, answer due 12/14/2009. (Wiese, David) (Entered: 12/01/2009) | |||
| 2009-12-01 | 10 | 0 | SUMMONS (Affidavit) Returned Executed by Federal Trade Commission. Franklin Financial Group US LLC served on 11/23/2009, answer due 12/14/2009. (Wiese, David) (Entered: 12/01/2009) | |||
| 2009-12-01 | 11 | 0 | SUMMONS (Affidavit) Returned Executed by Federal Trade Commission. Eli Hertz served on 11/23/2009, answer due 12/14/2009. (Wiese, David) (Entered: 12/01/2009) | |||
| 2009-12-01 | 12 | 0 | SUMMONS (Affidavit) Returned Executed by Federal Trade Commission. Benzion Jack Itzkowitz served on 11/24/2009, answer due 12/15/2009. (Wiese, David) (Entered: 12/01/2009) | |||
| 2009-12-01 | 13 | 0 | SUMMONS (Affidavit) Returned Executed by Federal Trade Commission. Richard Zafrani served on 11/24/2009, answer due 12/15/2009. (Wiese, David) (Entered: 12/01/2009) | |||
| 2009-12-02 | 14 | 0 | ORDER REFERRING 2 Plaintiff's Motion for Preliminary Injunction to Magistrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/2/2009. (mhz) (Entered: 12/02/2009) | |||
| 2009-12-04 | 15 | 0 | ORDER Setting Status Conference: Status Conference set for 1/8/2010 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff.. Signed by Magistrate Judge William C. Turnoff on 12/4/2009. (mao) (Entered: 12/04/2009) | |||
| 2009-12-10 | 16 | 0 | MOTION for Extension of Time to File Response and/or Alternative Pleadings as to 1 Complaint, by Richard Zafrani. (ail) (Entered: 12/11/2009) | |||
| 2009-12-10 | 17 | 0 | Richard Zafrani Address added to the system per filing of DE 16 . (ail) (Entered: 12/11/2009) | |||
| 2009-12-11 | 18 | 0 | MOTION for Extension of Time to File Answer as to 1 Complaint, by Eli Hertz. (ail) (Entered: 12/14/2009) | |||
| 2009-12-11 | 19 | 0 | Eli Hertz's Address Added to the system per filing of DE 18 . (ail) (Entered: 12/14/2009) | |||
| 2009-12-15 | 20 | 0 | ORDER REFERRING 18 Defendant Eli Hertz's Motion for Extension of Time to File Answer to Complaint and 16 Defendant Richard Zafrani's Motion for Extension of Time to File Response to Complaint, to Magistrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/15/2009. (mhz) (Entered: 12/15/2009) | |||
| 2009-12-16 | 21 | 0 | RESPONSE in Opposition re 18 MOTION for Extension of Time to File Answer as to 1 Complaint,, 16 MOTION for Extension of Time to File Response as to 1 Complaint, filed by Federal Trade Commission. (Wiese, David) (Entered: 12/16/2009) | |||
| 2009-12-21 | 22 | 0 | ORDER granting in part and denying in part 16 Motion for Extension of Time to Respond ; granting in part and denying in part 18 Motion for Extension of Time to Respond. Signed by Magistrate Judge William C. Turnoff on 12/21/2009. (mao) (Entered: 12/21/2009) | |||
| 2009-12-22 | 23 | 0 | CERTIFICATE OF SERVICE by Federal Trade Commission re 22 Order on Motion for Extension of Time to File Response/Reply/Answer, (Wiese, David) (Entered: 12/22/2009) | |||
| 2009-12-28 | 24 | 0 | ANSWER to Complaint for Permanent Injunction and Other Equitable Relief by Richard Zafrani.(Pinkard, Eric) (Entered: 12/28/2009) | |||
| 2009-12-28 | 25 | 0 | NOTICE of Attorney Appearance by Eric C. Pinkard on behalf of Richard Zafrani (Pinkard, Eric) (Entered: 12/28/2009) | |||
| 2009-12-28 | 26 | 0 | ANSWER and Affirmative Defenses to Complaint with Jury Demand by Eli Hertz.(ail) (Entered: 12/29/2009) | |||
| 2009-12-30 | 27 | 0 | ANSWER to Complaint by Benzion Jack Itzkowitz.(tb) Modified Filer on 1/15/2010 (wc). (Entered: 12/31/2009) | |||
| 2009-12-31 | 28 | 0 | CERTIFICATE OF SERVICE by Federal Trade Commission re 22 Order on Motion for Extension of Time to File Response/Reply/Answer, (Wiese, David) (Entered: 12/31/2009) | |||
| 2010-01-06 | 29 | 0 | Plaintiff's MOTION for Clerks Entry of Default as to Franklin Financial Group US LLC, Truman Foreclosure Assistance, LLC, Truman Mitigation Services, LLC by Federal Trade Commission. (Wiese, David) (Entered: 01/06/2010) | |||
| 2010-01-08 | 30 | 0 | Minute Entry for proceedings held before Magistrate Judge William C. Turnoff: Status Conference re: 2 MOTION for Issuance of a Preliminary Injunction by Federal Trade Commission held on 1/8/2010. (Please see court minutes for further details). (Digital 14:26:41 & 15:37:35.) (Tape #10G-4 (350-978) & (978-817).) (lw1) (Entered: 01/11/2010) | |||
| 2010-01-12 | 31 | 0 | REPORT AND RECOMMENDATIONS re 2 MOTION for Preliminary Injunction filed by Federal Trade Commission Objections to R&R due by 1/29/2010. Signed by Magistrate Judge William C. Turnoff on 1/12/2010. (mao) (Entered: 01/12/2010) | 2014-09-26 12:31:20 | 44ed80ebaea0404e0e46f865de5a72a3704e8461 | |
| 2010-01-12 | 32 | 0 | MOTION to Strike 26 Answer to Complaint by Federal Trade Commission. Responses due by 1/29/2010 (Wiese, David) (Entered: 01/12/2010) | |||
| 2010-01-12 | 33 | 0 | MOTION to Strike 26 Answer to Complaint , Memo in Support of Motion by Federal Trade Commission. Responses due by 1/29/2010 (Wiese, David) (Entered: 01/12/2010) | |||
| 2010-01-13 | 34 | 0 | ORDER REFERRING 32 Plaintiff FTC's Motion to Strike and 33 Plaintiff FTC's Motion to Strike to Magistrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/13/2010. (mhz) (Entered: 01/13/2010) | |||
| 2010-01-12 | 35 | 0 | MEMORANDUM in Support re 32 MOTION to Strike 26 Answer to Complaint by Federal Trade Commission.See image DE 33 (lk) (Entered: 01/13/2010) | |||
| 2010-01-13 | 36 | 0 | Clerks Notice to Filer re 33 MOTION to Strike 26 Answer to Complaint , Memo in Support of Motion. Wrong Event Selected; ERROR - The Filer selected the wrong event(Not a motion). The document was re-docketed by the Clerk, see [de#35]-Event under "Other answers/Responses/Replies". It is not necessary to refile this document. (lk) (Entered: 01/13/2010) | |||
| 2010-01-14 | 37 | 0 | ORDER by Clerk of Entry of Default re 29 Motion for Clerks Entry of Default as to Franklin Financial Group US LLC, Truman Mitigation Services, LLC. Signed by DEPUTY CLERK on 1/14/2010. (lk) (Entered: 01/14/2010) | |||
| 2010-01-15 | 38 | 0 | ORDER TO SHOW CAUSE. On January 14, 2010, the Clerk entered default against Defendants Franklin Financial Group, US LLC, and Truman Mitigation Services, LLC, for failure to respond to the Complaint or to otherwise appear in this action 37 . Accordingly, it is ORDERED AND ADJUDGED that Plaintiff is provided until and including January 22, 2010, to file a Motion for Entry of FINAL Default Judgment, together with appropriate affidavits and documentation, against Defendants or show cause why this case should not be dismissed for lack of prosecution. This entry constitutes the ENDORSED Order in its entirety. Signed by Judge Joan A. Lenard on 1/15/2010. (mhz) (Entered: 01/15/2010) | |||
| 2010-01-19 | 39 | 0 | NOTICE by Federal Trade Commission re 37 Order on Motion for Clerks Entry of Default (Wiese, David) (Entered: 01/19/2010) | |||
| 2010-01-20 | 40 | 0 | ORDER by Clerk of Entry of default 29 Plaintiff's MOTION for Clerks Entry of Default as to Franklin Financial Group US LLC, Truman Foreclosure Assistance, LLC, Truman Mitigation Services, LLC filed by Federal Trade Commission. Signed by DEPUTY CLERK on 1/20/2010. (lk) (Entered: 01/20/2010) | |||
| 2010-01-20 | 41 | 0 | NOTICE by Federal Trade Commission re 31 REPORT AND RECOMMENDATIONS re 2 MOTION for Preliminary Injunction filed by Federal Trade Commission (Wiese, David) (Entered: 01/20/2010) | |||
| 2010-01-21 | 42 | 0 | MOTION for Default Judgment Against Truman Foreclosure Assistance, LLC, Truman Mitigation Services, LLC and Franklin Financial Group US LLC by Federal Trade Commission. (Wiese, David) (Entered: 01/21/2010) | |||
| 2010-01-22 | 43 | 0 | REPORT AND RECOMMENDATIONS re 32 MOTION to Strike 26 Answer to Complaint filed by Federal Trade Commission, 2 MOTION for Preliminary Injunction filed by Federal Trade Commission Objections to R&R due by 2/8/2010. Signed by Magistrate Judge William C. Turnoff on 1/22/2010. (mao) (Entered: 01/22/2010) | |||
| 2010-01-28 | 44 | 0 | ORDER Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge William C. Turnoff; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; And Requiring Completion of Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 1/28/2010. (Attachments: # 1 Appendix, # 2 Appendix) (dp) (Entered: 01/28/2010) | |||
| 2010-02-11 | 45 | 0 | Notice of Pendency of Other Action by Richard Zafrani (Pinkard, Eric) (Entered: 02/11/2010) | |||
| 2010-02-11 | 46 | 0 | CERTIFICATE of Interested Party by Richard Zafrani (Pinkard, Eric) (Entered: 02/11/2010) | |||
| 2010-02-12 | 47 | 0 | NOTICE by Federal Trade Commission of Pending, Refiled, Related or Similar Actions (Wiese, David) (Entered: 02/12/2010) | |||
| 2010-02-12 | 48 | 0 | CERTIFICATE of Interested Party by Federal Trade Commission (Wiese, David) (Entered: 02/12/2010) | |||
| 2010-02-12 | 49 | 0 | Notice of Pendency of Other Action by Federal Trade Commission. See image DE 47 (lk) (Entered: 02/16/2010) | |||
| 2010-02-16 | 50 | 0 | Clerks Notice to Filer re 47 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#49]-Notice of Pendency of Other action. Event under "Notices". It is not necessary to refile this document. (lk) (Entered: 02/16/2010) | |||
| 2010-03-01 | 51 | 0 | SCHEDULING REPORT - Rule 26(f) by Federal Trade Commission (Wiese, David) (Entered: 03/01/2010) | |||
| 2010-03-15 | 52 | 0 | Order Adopting Joint Scheduling Report, setting Pretrial Conference and Trial, Establishing Pretrial Deadlines, and Establishing Pretrial and Trial Procedures: Pretrial Conference set for 3/14/2011 03:00 PM before Judge Joan A. Lenard. Jury Trial set for 4/11/2011 09:00 AM before Judge Joan A. Lenard. Calendar Call set for 4/6/2011 04:00 PM in Miami Division before Judge Joan A. Lenard. Amended Pleadings due by 5/28/2010. Expert Discovery due by 11/15/2010. Fact Discovery due by 8/31/2010. Joinder of Parties due by 5/28/2010. In Limine Motions due by 1/31/2011. Dispositive Motions due by 12/3/2010. Pretrial Stipulation due by 2/14/2011. Signed by Judge Joan A. Lenard on 03/15/10. (dp) (Entered: 03/15/2010) | |||
| 2010-03-15 | 53 | 0 | ORDER REFERRING CASE to Mediation. Mediation Deadline 9/14/2010. Signed by Judge Joan A. Lenard on 03/15/10. (Attachments: # 1 Appendix) (dp) (Entered: 03/15/2010) | |||
| 2010-03-16 | 54 | 0 | ORDER GRANTING 2 Plaintiff's Motion for Preliminary Injunction against Individual Defendants, with separate order forthcoming, ADOPTING 31 Report and Recommendation of Magistrate Judge, ADOPTING 43 Report and Recommendation of Magistrate Judge, and GRANTING 32 Plaintiff's Motion to Strike Answer to Complaint. Signed by Judge Joan A. Lenard on 3/16/2010. (mhz) (Entered: 03/16/2010) | |||
| 2010-03-16 | 55 | 0 | ORDER REFERRING 42 Plaintiff's Motion for Default Judgment Against Truman Foreclosure Assistance, LLC, Truman Mitigation Services, LLC and Franklin Financial Group US LLC to Magistrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/16/2010. (mhz) (Entered: 03/16/2010) | |||
| 2010-03-19 | 56 | 0 | PRELIMINARY INJUNCTION. Signed by Judge Joan A. Lenard on 3/19/10. (pm) (Entered: 03/19/2010) | |||
| 2010-03-29 | 57 | 0 | NOTICE of Mediator Selection: Eunice Baros selected.(Wiese, David) (Entered: 03/29/2010) | |||
| 2010-03-30 | 58 | 0 | ORDER Setting Hearing on Motion 42 MOTION for Default Judgment Against Truman Foreclosure Assistance, LLC, Truman Mitigation Services, LLC and Franklin Financial Group US LLC : Motion Hearing set for 4/16/2010 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff.. Signed by Magistrate Judge William C. Turnoff on 3/30/2010. (mao) (Entered: 03/30/2010) | |||
| 2010-04-14 | 59 | 0 | MOTION for Extension of Time to File Response to Subpoena Duces Tecum Filed by the Federal Trade Commission by Airan2, Airan-Pace & Crosa, P.A.. (Attachments: # 1 Text of Proposed Order)(Journey, Mark) (Entered: 04/14/2010) | |||
| 2010-04-14 | 60 | 0 | ORDER REFERRING 59 Airan2, Airan-Pace & Crosa, P.A.'s Motion for Extension of Time to File Response to Subpoena Duces Tecum to Magistrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/14/2010. (mhz) (Entered: 04/14/2010) | |||
| 2010-04-16 | 61 | 0 | Minute Entry for proceedings held before Magistrate Judge William C. Turnoff: Motion Hearing held on 4/16/2010 re 42 MOTION for Default Judgment Against Truman Foreclosure Assistance, LLC, Truman Mitigation Services, LLC and Franklin Financial Group US LLC filed by Federal Trade Commission, 59 MOTION for Extension of Time to File Response to Subpoena Duces Tecum Filed by the Federal Trade Commission filed by Airan2, Airan-Pace & Crosa, P.A.. Appearances entered by David M. Wiese, Esq. Kathleen M. Pessolano, Esq. and Paralegal Specialist Andrew Hernacki, all on behalf of Plaintiff Federal Trade Commission. No appearance entered on behalf of the Defendants. Oral arguments heard on behalf of Plaintiff. Court to issue written Report and Recommendation and Order with respect to Motions. (Digital 14:05:21.) (Tape #10G-24-469.) (lw1) (Entered: 04/16/2010) | |||
| 2010-04-20 | 62 | 0 | REPORT AND RECOMMENDATIONS re 42 MOTION for Default Judgment Against Truman Foreclosure Assistance, LLC, Truman Mitigation Services, LLC and Franklin Financial Group US LLC filed by Federal Trade Commission. Objections to R&R due by 5/7/2010. Signed by Magistrate Judge William C. Turnoff on 4/20/2010. (lw1) (Entered: 04/21/2010) | |||
| 2010-04-20 | 63 | 0 | ORDER granting 59 MOTION for Extension of Time to File Response to Subpoena Duces Tecum Filed by the Federal Trade Commission by Airan2, Airan-Pace & Crosa, P.A. The firm shall have through May 14, 2010 to respond to the subpoena and submit a privilege log. All other aspects of the Motion are denied without prejudice. Signed by Magistrate Judge William C. Turnoff on 4/19/2010. (lw1) Modified text on 4/21/2010 (lw1). (Entered: 04/21/2010) | |||
| 2010-05-03 | 64 | 0 | ORDER Scheduling Mediation. Mediation Deadline 9/14/2010. Mediation Hearing set for 8/12/2010 09:00 AM. Signed by Judge Joan A. Lenard on 05/03/10. (dp) (Entered: 05/03/2010) | |||
| 2010-05-11 | 65 | 0 | MOTION to Compel Discovery Responses by Federal Trade Commission. Responses due by 5/28/2010 (Wiese, David) (Entered: 05/11/2010) | |||
| 2010-05-11 | 66 | 0 | MEMORANDUM in Support re 65 MOTION to Compel Discovery Responses by Federal Trade Commission. (Wiese, David) (Entered: 05/11/2010) | |||
| 2010-05-12 | 67 | 0 | ORDER REFERRING 65 Plaintiff's Motion to Compel Discovery Responses to Magistrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/12/2010. (mhz) (Entered: 05/12/2010) | |||
| 2010-05-12 | 68 | 0 | ORDER adopting 62 Report and Recommendation of Magistrate Judge and granting 42 Plaintiff's Motion for Default Judgment against Corporate Defendants. Signed by Judge Joan A. Lenard on 5/12/2010. (mhz) (Entered: 05/12/2010) | |||
| 2010-05-12 | 69 | 0 | DEFAULT JUDGMENT and ORDER FOR PERMANENT INJUNCTION AND MONETARY RELIEF as to Defendants Truman Foreclosure Assistance, LLC, Truman Mitigation Services, LLC, and Franklin Financial Group US LLC. Signed by Judge Joan A. Lenard on 5/12/2010. (mhz) (Entered: 05/12/2010) | |||
| 2010-05-27 | 70 | 0 | ORDER granting Plaintiff's 65 Motion to Compel. Signed by Magistrate Judge William C. Turnoff on 5/27/2010. (lw1) (Entered: 05/28/2010) | |||
| 2010-06-15 | 71 | 0 | MOTION to Withdraw as Attorney for Defendant, Richard Zafrani by Eric Pinkard. by Richard Zafrani. Responses due by 7/2/2010 (Pinkard, Eric) (Entered: 06/15/2010) | |||
| 2010-06-15 | 72 | 0 | MOTION to Compel Discovery Responses by Federal Trade Commission. Responses due by 7/2/2010 (Wiese, David) (Entered: 06/15/2010) | |||
| 2010-06-15 | 73 | 0 | MEMORANDUM in Support re 72 MOTION to Compel Discovery Responses by Federal Trade Commission. (Wiese, David) (Entered: 06/15/2010) | |||
| 2010-06-16 | 74 | 0 | ORDER granting 71 Motion to Withdraw as Attorney. Attorney Eric C. Pinkard terminated. Defendant Richard Zafrani is provided twenty (20) days from the date of this Order to hire new counsel or file an affidavit with the Court stating his intention to proceed pro se. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/16/2010. (mhz) (Entered: 06/16/2010) | |||
| 2010-06-16 | 75 | 0 | ORDER REFERRING 72 Plaintiff's Motion to Compel Discovery Responses to Magistrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/16/2010. (mhz) (Entered: 06/16/2010) | |||
| 2010-07-01 | 76 | 0 | Plaintiff's MOTION for Contempt by Federal Trade Commission. Responses due by 7/19/2010 (Wiese, David) (Entered: 07/01/2010) | |||
| 2010-07-01 | 77 | 0 | MEMORANDUM in Support re 76 Plaintiff's MOTION for Contempt by Federal Trade Commission. (Attachments: # 1 Exhibit)(Wiese, David) (Entered: 07/01/2010) | |||
| 2010-07-01 | 78 | 0 | ORDER granting 72 Motion to Compel Discovery Responses by Federal Trade Commission. (Please see Order for further details). Signed by Magistrate Judge William C. Turnoff on 7/1/2010. (lw1) (Entered: 07/02/2010) | |||
| 2010-07-02 | 79 | 0 | ORDER REFERRING 76 Plaintiff's Motion for Contempt to Magisrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/2/2010. (mhz) (Entered: 07/02/2010) | |||
| 2010-07-07 | 80 | 0 | ORDER TO SHOW CAUSE. On June 16, 2010, this Court issued an Order granting Defendant Richard Zafrani's counsel's motion to withdraw as attorney, and provided Zafrani with twenty days to hire new counsel or file a notice with the Court stating his intention to proceed pro se. (See D.E. 74.) As of the date of this Order, Defendant Zafrani has done neither. Accordingly, it is ORDERED AND ADJUDGED that Defendant Zafrani has until July 21, 2010, to hire new counsel or file an affidavit with the Court stating his intention to proceed pro se, or show cause why default should not be entered against him. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/7/2010. (mhz) (Entered: 07/07/2010) | |||
| 2010-07-08 | 81 | 0 | Pro Se AFFIDAVIT signed by : Richard Zafrani. (lbc) (Entered: 07/08/2010) | |||
| 2010-07-13 | 82 | 0 | MOTION to Appoint Counsel by Richard Zafrani. Responses due by 7/30/2010 (lbc) (Entered: 07/13/2010) | |||
| 2010-07-19 | 83 | 0 | ORDER directing Defendant Richard Zafrani to file an affidavit and documentation attesting to his inability to afford an attorney or defend himself in this action, in support of his Motion for Appointment of Counsel (D.E. 82). This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/19/2010. (mhz) (Entered: 07/19/2010) | |||
| 2010-07-20 | 84 | 0 | RESPONSE to Motion re 82 MOTION to Appoint Counsel filed by Federal Trade Commission. Replies due by 7/30/2010. (Wiese, David) (Entered: 07/20/2010) | |||
| 2010-07-20 | 85 | 0 | ORDER TO SHOW CAUSE Show Cause Hearing set for 8/30/2010 02:00 PM in Miami Division before Judge Turnoff. Signed by Magistrate Judge William C. Turnoff on 7/19/2010. (lbc) Modified on 7/20/2010 (lbc). (Entered: 07/20/2010) | |||
| 2010-07-27 | 86 | 0 | REPLY to Response to Motion re 82 MOTION to Appoint Counsel filed by Richard Zafrani. (lbc) (Entered: 07/27/2010) | |||
| 2010-07-27 | 87 | 0 | Line by Richard Zafrani (lbc) (Entered: 07/27/2010) | |||
| 2010-07-28 | 88 | 0 | NOTICE by Federal Trade Commission re 82 MOTION to Appoint Counsel re Dismissal of Richard Zafrani's Bankruptcy Petition (Wiese, David) (Entered: 07/28/2010) | |||
| 2010-08-04 | 89 | 0 | NOTICE of Attorney Appearance by Brooke Caroline Madonna on behalf of Benzion Jack Itzkowitz (Madonna, Brooke) (Entered: 08/04/2010) | |||
| 2010-08-09 | 90 | 0 | ORDER TO SHOW CAUSE. This Cause is before the Court sua sponte. On July 19, 2010, the Court directed Defendant Richard Zafrani "to file an affidavit and documentation attesting to his inability to afford an attorney or defend himself in this action, in support of his Motion for Appointment of Counsel (D.E. 82)." (See D.E. 83.) As of the date of this Order, he has failed to do so. Accordingly, Defendant Richard Zafrani has until August 16, 2010, to file an affidavit and documentation attesting to his inability to afford an attorney or defend himself in this action, in support of his Motion for Appointment of Counsel, or show cause why such motion should not be denied. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/9/2010. (mhz) (Entered: 08/09/2010) | |||
| 2010-08-05 | 91 | 0 | MOTION to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Richard Gallucci. Filing Fee $ 75.00. Receipt # 4767. (ksa) (Entered: 08/09/2010) | |||
| 2010-08-11 | 92 | 0 | ORDER granting 91 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Joan A. Lenard on 08/11/10. (dp) (Entered: 08/11/2010) | |||
| 2010-08-18 | 93 | 0 | Interim REPORT of Mediation (lbc) (Entered: 08/18/2010) | |||
| 2010-08-23 | 94 | 0 | ORDER denying 82 Defendant Zafrani's Motion to Appoint Counsel. On July 19, 2010, the Court directed Defendant Zafrani to provide support for his motion to appoint counsel. (D.E. 83.) After Zafrani failed to do so, the Court issued an Order to Show Cause (D.E. 90) directing Zafrani to comply or "show cause why such motion should not be denied." As of the date of this Order, Defendant Zafrani has failed to supply any affidavits or documentation in support of his motion or show cause why it should not be denied. Accordingly, Defendant Zafrani's Motion to Appoint Counsel is DENIED. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/23/2010. (mhz) (Entered: 08/23/2010) | |||
| 2010-08-27 | 95 | 0 | NOTICE by Federal Trade Commission re 76 Plaintiff's MOTION for Contempt Withdraw Motion in Part (Wiese, David) (Entered: 08/27/2010) | |||
| 2010-08-30 | 96 | 0 | MINUTE ORDER for proceedings held before Magistrate Judge William C. Turnoff: Show Cause Hearing held on 8/30/2010. Appearances: David M. Weise, Esq. present on behalf of Plaintiff Federal Trade Commission. Defendant Richard Zafrani present Pro Se. Oral Arguments heard. Defendants Richard Zafrani & Benzion Itzkowitz are hereby Ordered to provide Plaintiff with sworn documentation/affidavits/waivers regarding compliance, as instructed by the Court today in Open Court. Matter reset by the Court for further hearing. (Further Show Cause Hearing set for Friday, 9/3/2010 at 2:00 PM, 301 N. Miami Avenue, 11th Floor in Miami Division before Magistrate Judge William C. Turnoff.) Note: Defendant Itzkowitz and counsel to also appear for 9/3/10 hearing. (Digital 14:25:11.) (Tape #10G-61-197.) (lw1) (Entered: 08/30/2010) | |||
| 2010-08-30 | 97 | 0 | NOTICE of filing asset & funds transfer report by Richard Zafrani (lbc) Modified Text per Chambers on 9/1/2010 (ra). (Entered: 08/31/2010) | |||
| 2010-08-30 | 98 | 0 | NOTICE OF FILING Summary Financial Schedule of 90 Order to Show Cause,,, by Richard Zafrani (lbc) (Entered: 08/31/2010) | |||
| 2010-09-02 | 99 | 0 | STIPULATION re 76 Plaintiff's MOTION for Contempt by Federal Trade Commission (Wiese, David) (Entered: 09/02/2010) | |||
| 2010-09-02 | 100 | 0 | Clerk's Notice of Undeliverable Mail re 90 Order to Show Cause,,,. US Mail returned for: return to sender not deliverable as addressed unable to forward. The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided.US mail returned for Richard Zafrani. First return/attempt (rb) (Entered: 09/02/2010) | |||
| 2010-09-07 | 101 | 0 | Clerks Notice to Filer re 99 Stipulation. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (tp) (Entered: 09/07/2010) | |||
| 2010-09-07 | 102 | 0 | Stipulated Agreement and ORDER to Dismiss w/o prejudice Motion 76 . Signed by Magistrate Judge William C. Turnoff on 9/3/2010. (lbc) (Entered: 09/07/2010) | |||
| 2010-12-03 | 103 | 0 | MOTION for Summary Judgment by Federal Trade Commission. Responses due by 12/27/2010 (Wiese, David) (Entered: 12/03/2010) | |||
| 2010-12-03 | 104 | 0 | MOTION for Leave to File Excess Pages by Federal Trade Commission. (Wiese, David) (Entered: 12/03/2010) | |||
| 2010-12-03 | 105 | 0 | MEMORANDUM in Support re 103 MOTION for Summary Judgment by Federal Trade Commission. (Wiese, David) (Entered: 12/03/2010) | |||
| 2010-12-03 | 106 | 0 | Statement of: Material Facts by Federal Trade Commission re 103 MOTION for Summary Judgment, 105 Memorandum in Support (Attachments: # 1 Exhibit 1 (Part 1 of 3), # 2 Exhibit 1 (Part 2 of 3), # 3 Exhibit 1 (Part 3 of 3), # 4 Exhibit 2, # 5 Exhibit 3 (Part 1 of 2), # 6 Exhibit 3 (Part 2 of 2), # 7 Exhibit 4 (Part 1 of 2), # 8 Exhibit 4 (Part 2 of 2), # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14 (Part 1 of 2), # 19 Exhibit 14 (Part 2 of 2), # 20 Exhibit 15, # 21 Exhibit 16 (Part 1 of 3), # 22 Exhibit 16 (Part 2 of 3), # 23 Exhibit 16 (Part 3 of 3), # 24 Exhibit 17, # 25 Exhibit 18, # 26 Exhibit 19, # 27 Exhibit 20, # 28 Exhibit 21, # 29 Exhibit 22, # 30 Exhibit 23, # 31 Exhibit 24, # 32 Exhibit 25, # 33 Exhibit 26, # 34 Exhibit 27, # 35 Exhibit 28, # 36 Exhibit 29, # 37 Exhibit 30, # 38 Exhibit 31, # 39 Exhibit 32, # 40 Exhibit 33)(Wiese, David) (Entered: 12/03/2010) | |||
| 2010-12-06 | 107 | 0 | ORDER granting 104 Plaintiff's Motion for Leave to File Excess Pages. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/6/2010. (mhz) (Entered: 12/06/2010) | |||
| 2010-12-21 | 108 | 0 | ORDER TO SHOW CAUSE. On December 3, 2010, Plaintiff filed its Motion for Summary Judgment against Defendants Eli Hertz, Benzion Jack Itzkowitz, and Richard Zafrani. Pursuant to Administrative Order 2010-151 and the Local Rules for the Southern District of Florida, Defendants' responses were due on December 20, 2010. As of the date of this Order, no responses have been filed. Accordingly, Defendants have until December 27, 2010, to file any response to Plaintiff's Motion for Summary Judgment, along with a concise statement of facts, or show cause why such motion should not be granted by default. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/21/2010. (mhz) (Entered: 12/21/2010) | |||
| 2010-12-23 | 109 | 0 | MOTION for Extension of Time to File Reply to 103 MOTION for Summary Judgment by Eli Hertz. (asl) (Entered: 12/23/2010) | |||
| 2010-12-23 | 110 | 0 | MOTION for Extension of Time to File Reply to 103 MOTION for Summary Judgment by Richard Zafrani. (asl) (Entered: 12/23/2010) | |||
| 2010-12-23 | 111 | 0 | RESPONSE in Opposition re 109 MOTION for Extension of Time to File Response/Reply as to 103 MOTION for Summary Judgment filed by Federal Trade Commission. (Wiese, David) (Entered: 12/23/2010) | |||
| 2010-12-23 | 112 | 0 | RESPONSE in Opposition re 110 MOTION for Extension of Time to File Response/Reply as to 103 MOTION for Summary Judgment filed by Federal Trade Commission. (Wiese, David) (Entered: 12/23/2010) | |||
| 2010-12-27 | 113 | 0 | RESPONSE to 103 MOTION for Summary Judgment filed by Richard Zafrani. Replies due by 1/13/2011. (rgs) (Entered: 12/27/2010) | |||
| 2010-12-27 | 114 | 0 | RESPONSE to 103 MOTION for Summary Judgment filed by Eli Hertz. Replies due by 1/13/2011. (rgs) (Entered: 12/27/2010) | |||
| 2010-12-30 | 115 | 0 | ORDER denying as moot 109 Defendant Hertz's Motion for Extension of Time to File Response and denying as moot 110 Defendant Zafrani's Motion for Extension of Time to File Response, as both Defendants filed responses 113 114 to Plaintiff's motion for summary judgment on December 27, 2010. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/30/2010. (mhz) (Entered: 12/30/2010) | |||
| 2011-01-03 | 116 | 0 | TWENTY-ONE Day Notice of Consideration of Plaintiff's Motion for Summary Judgment. Signed by Judge Joan A. Lenard on 1/3/2011. (dp) (Entered: 01/03/2011) | |||
| 2011-01-06 | 117 | 0 | REPLY in Support of 103 MOTION for Summary Judgment re Eli Hertz filed by Federal Trade Commission. (Wiese, David) Modified text on 1/7/2011 (asl). (Entered: 01/06/2011) | |||
| 2011-01-06 | 118 | 0 | REPLY in Support of 103 MOTION for Summary Judgment re Richard Zafrani filed by Federal Trade Commission. (Pessolano, Kathleen) Modified text on 1/7/2011 (asl). (Entered: 01/06/2011) | |||
| 2011-01-25 | 119 | 0 | Response to 117 Reply to Response to Motion, 118 Reply to Response to Motion by Richard Zafrani. (rgs) (Entered: 01/25/2011) | |||
| 2011-01-27 | 120 | 0 | Plaintiff's MOTION for Leave to File Sur-Reply in Support of Its Motion for Summary Judgment Against Richard Zafrani by Federal Trade Commission. (Pessolano, Kathleen) (Entered: 01/27/2011) | |||
| 2011-01-28 | 121 | 0 | ORDER granting 120 Plaintiff's Motion for Leave to File Sur-Reply. Plaintiff is directed to file its Sur-Reply as a new docket entry. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/28/2011. (mhz) (Entered: 01/28/2011) | |||
| 2011-01-28 | 122 | 0 | RESPONSE to Motion re 120 Plaintiff's MOTION for Leave to File Sur-Reply in Support of Its Motion for Summary Judgment Against Richard Zafrani filed by Eli Hertz. Replies due by 2/7/2011. (rgs) (Entered: 01/31/2011) | |||
| 2011-01-31 | 123 | 0 | REPLY to Response to 103 MOTION for Summary Judgment against Defendant Richard Zafrani (Sur-Reply) in Support filed by Federal Trade Commission. (Wiese, David) Modified text on 2/1/2011 (asl). (Entered: 01/31/2011) | |||
| 2011-02-03 | 124 | 0 | MOTION for Leave to File Sur-Reply in Support of Its Motion for Summary Judgment Against Eli Hertz by Federal Trade Commission. (Wiese, David) Modified text on 2/3/2011 (asl). (Entered: 02/03/2011) | |||
| 2011-02-04 | 125 | 0 | ORDER granting 124 Plaintiff's Motion for Leave to File Sur-Reply. Plaintiff is directed to file its Sur-Reply as a new docket entry. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 2/4/2011. (mhz) (Entered: 02/04/2011) | |||
| 2011-02-04 | 126 | 0 | REPLY in Support of 103 MOTION for Summary Judgment (Sur-Reply) filed by Federal Trade Commission. (Wiese, David) Modified text on 2/7/2011 (asl). (Entered: 02/04/2011) | |||
| 2011-02-08 | 127 | 0 | MOTION/LETTER Requesting this Matter be Placed Back in Mediation by Richard Zafrani. (ral) (Entered: 02/10/2011) | |||
| 2011-02-11 | 128 | 0 | RESPONSE in Opposition re 127 MOTION Requesting this Matter be Placed Back in Mediation filed by Federal Trade Commission. (Wiese, David) (Entered: 02/11/2011) | |||
| 2011-02-11 | 129 | 0 | LETTER/MOTION for Mediation/Settlement Conference by Eli Hertz. (ch1) (Entered: 02/11/2011) | |||
| 2011-02-14 | 130 | 0 | RESPONSE in Opposition re 129 MOTION for Hearing filed by Federal Trade Commission. (Wiese, David) (Entered: 02/14/2011) | |||
| 2011-02-14 | 131 | 0 | Joint PRETRIAL STIPULATION by Federal Trade Commission (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wiese, David) Modified text on 2/15/2011 (asl). (Entered: 02/14/2011) | |||
| 2011-02-15 | 132 | 0 | FINAL REPORT of Mediation Disposition: Impasse(ral) (Entered: 02/17/2011) | |||
| 2011-02-18 | 133 | 0 | ORDER denying without prejudice 127 Defendant Zafrani's Motion to Schedule Additional Mediation and denying without prejudice 129 Defendant Hertz's Motion to Schedule Additional Mediation. On February 15, 2011, the mediator filed his Final Report of Mediation 132 , indicating the Parties had continued to mediate up until last week but that the matter had reached an impasse. Accordingly, Defendants' motions are DENIED without prejudice. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 2/18/2011. (mhz) (Entered: 02/18/2011) | |||
| 2011-03-03 | 134 | 0 | Exhibit and Witness List (Pretrial Conference Submission) by Federal Trade Commission.. (Wiese, David) (Entered: 03/03/2011) | |||
| 2011-03-07 | 135 | 0 | NOTICE by Federal Trade Commission re 134 Exhibit and Witness List Notice of Filing re Master Exhibit Notebook (Wiese, David) (Additional attachment(s) added on 3/8/2011: # 1 Appendix, # 2 Exhibit) (jc). (Entered: 03/07/2011) | |||
| 2011-03-14 | 136 | 0 | ORDER Directing Clerk to Enter Default as to Defendants Eli Hertz and Richard Zafrani and ORDER TO SHOW CAUSE. On March 14, 2011, the Court held the pre-trial conference in this matter. None of the three remaining defendants, Eli Hertz ("Hertz"), Richard Zafrani ("Zafrani"), or Benzion Jack Itzkowitz ("Itzkowitz"), made an appearance, although Plaintiff indicated it had reached a tentative settlement agreement with Defendant Itzkowitz. The pre-trial conference was scheduled pursuant to the Court's March 15, 2010, Trial Order (D.E. 52), which was sent to Defendants Hertz and Zafrani at the address where they received service of process. Accordingly, for the reasons stated in open court on March 14, 2011, as Defendants Hertz and Zafrani failed to appear at the pre-trial conference, it is ORDERED AND ADJUDGED that the Clerk is directed to enter default against them. It is further ORDERED AND ADJUDGED that Plaintiff has until March 28, 2011, to file any motions for entry of FINAL Default Judgment, together with appropriate affidavits and documentation, against Defendants Hertz and Zafrani or show cause why this case should not be dismissed for lack of prosecution. Plaintiff is instructed that a Motion for Default Judgment must be accompanied by an affidavit of non-military status as to Defendants, pursuant to Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C. Appendix, Section 501 et seq., as well as an affidavit certifying that Defendants are neither infants nor incompetent, pursuant to Fed.R.Civ.P. 55(b)(2). Plaintiff may also submit any affidavits or proof of damages submitted as part of its motion for summary judgment. This entry constitutes the ENDORSED Order in its entirety. Signed by Judge Joan A. Lenard on 3/14/2011. (mhz) (Entered: 03/14/2011) | |||
| 2011-03-15 | 137 | 0 | Clerks Entry of Default as to Eli Hertz, Richard Zafrani, per 136 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 3/15/2011. (dgj) (Entered: 03/15/2011) | |||
| 2011-03-25 | 138 | 0 | MOTION for Default Judgment Against Eli Hertz and Richard Zafrani by Federal Trade Commission. (Wiese, David) (Entered: 03/25/2011) | |||
| 2011-03-25 | 139 | 0 | MOTION to Strike Trial Date from the Court's Calendar with Respect to Benzion Jack Itzkowitz by Federal Trade Commission. Responses due by 4/11/2011 (Wiese, David) Modified text on 3/28/2011 (asl). (Entered: 03/25/2011) | |||
| 2011-03-31 | 140 | 0 | ORDER denying as moot 103 Plaintiff's Motion for Summary Judgment against Defendants Zafrani and Hertz and granting 139 Plaintiff's Motion to Strike the Trial Date from Court's Calendar. This matter is no longer on the Court's trial calendar for April 11, 2011, or calendar call scheduled for April 6, 2011. An order scheduling a status conference with regard to Defendant Benzion Jack Itzkowitz shall be forthcoming. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/31/2011. (mhz) (Entered: 03/31/2011) | |||
| 2011-04-01 | 141 | 0 | NOTICE of Hearing: Status Conference set for 5/2/2011 03:00 PM in Miami Division before Judge Joan A. Lenard. (pm) (Entered: 04/01/2011) | |||
| 2011-04-04 | 142 | 0 | ORDER REFERRING 138 Plaintiff's Motion for Final Default Judgment Against Eli Hertz and Richard Zafrani to Magistrate Judge John J. O'Sullivan. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/4/2011. (mhz) (Entered: 04/04/2011) | |||
| 2011-04-04 | 143 | 0 | MOTION to Set Aside Default Judgment by Richard Zafrani. (ral) (Entered: 04/05/2011) | |||
| 2011-04-04 | 144 | 0 | NOTICE; Pretrial Conference Submission by Richard Zafrani (ral) (Entered: 04/05/2011) | |||
| 2011-04-06 | 145 | 0 | ORDER REFERRING 143 Defendant Zafrani's Motion to Set Aside Default to Magistrate Judge John J. O'Sullivan. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/6/2011. (mhz) (Entered: 04/06/2011) | |||
| 2011-04-06 | 146 | 0 | RESPONSE in Opposition re 143 MOTION to Set Aside Default filed by Federal Trade Commission. (Wiese, David) (Entered: 04/06/2011) | |||
| 2011-04-01 | 147 | 0 | Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge John J. O'Sullivan. Magistrate Judge William C. Turnoff no longer assigned to case. Motions referred to John J. O'Sullivan. (vp) (Entered: 04/07/2011) | |||
| 2011-04-07 | 148 | 0 | CLERK'S NOTICE of filing Discovery Procedures for Magistrate Judge O'Sullivan. (vp) (Entered: 04/07/2011) | |||
| 2011-04-07 | 149 | 0 | MOTION for Leave to File Amended Opposition to Defendant Richard Zafrani's Motion to Set Aside Default Judgment by Federal Trade Commission. (Wiese, David) (Entered: 04/07/2011) | |||
| 2011-04-08 | 150 | 0 | ORDER granting 149 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Magistrate Judge John J. O'Sullivan on 4/8/2011. (tro) (Entered: 04/08/2011) | |||
| 2011-04-08 | 151 | 0 | RESPONSE in Opposition re 143 MOTION to Set Aside Default (Amended Opposition to Set Aside Default) filed by Federal Trade Commission. (Wiese, David) (Entered: 04/08/2011) | |||
| 2011-04-14 | 152 | 0 | NOTICE of Settlement; Settlement Proposal by Richard Zafrani (ral) (Entered: 04/15/2011) | |||
| 2011-04-20 | 153 | 0 | Plaintiff's MOTION to Vacate 140 Order on Motion for Summary Judgment, Order on Motion to Strike,,,, by Federal Trade Commission. Responses due by 5/9/2011 (Pessolano, Kathleen) Modified to add 154 Notice on 4/21/2011 (asl). (Entered: 04/20/2011) | |||
| 2011-04-20 | 154 | 0 | NOTICE/Withdrawal of Its Opposition to Richard Zafrani's Motion to Set Aside Default Judgment by Federal Trade Commission re 151 Response in Opposition to Motion. See 153 for image. (asl) (Entered: 04/21/2011) | |||
| 2011-04-21 | 155 | 0 | Clerks Notice to Filer re 154 Notice (Other), 153 Plaintiff's MOTION to Vacate 140 Order on Motion for Summary Judgment, Order on Motion to Strike. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (asl) (Entered: 04/21/2011) | |||
| 2011-04-28 | 156 | 0 | RENOTICE of Hearing: Status Conference reset for 5/4/2011 04:00 PM in Miami Division before Judge Joan A. Lenard. (pm) (Entered: 04/28/2011) | |||
| 2011-05-04 | 157 | 0 | ORDER holding in abeyance 138 Plaintiff's Motion for Default Judgment against Defendant Hertz, granting 143 Defendant Zafrani's Motion to Set Aside Default, and granting 153 Plaintiff's Withdrawal of Opposition to Setting Aside Default and Motion to Vacate the Court's Order Denying Motion for Summary Judgment as Moot. As stated in open court on May 4, 2011, Plaintiff has a tentative settlement agreement with Defendant Hertz. As such, Plaintiff's Motion for Default Judgment as to Hertz is held in abeyance until such settlement agreement can be approved. Plaintiff also indicated it is still finalizing approval for the settlement agreement with Itzkowitz. With regard to Defendant Zafrani, the Clerk's entry of default (D.E. 137) is set aside with respect to Zafrani and the Court's March 31, 2011, Order is VACATED only to the extent that Plaintiff is permitted to re-file its Motion for Summary Judgment as to Defendant Zafrani. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/4/2011. (mhz) (Entered: 05/04/2011) | |||
| 2011-05-05 | 158 | 0 | Minute Entry for proceedings held before Judge Joan A. Lenard: Status Conference held on 5/5/2011. Present: David Wiese, Eli Hertz, Richard Zafrani. Matter set for trial 7/5/11, calendar call 6/29/11. Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov (pm) (Entered: 05/05/2011) | |||
| 2011-05-05 | 159 | 0 | ORDER SETTING Calendar Call set for 6/29/2011 04:00 PM in Miami Division before Judge Joan A. Lenard and Bench Trial set for 7/5/2011 before Judge Joan A. Lenard. ). Signed by Judge Joan A. Lenard on 5/4/11. (pm) Modified docket text pursuant to DE#170 on 5/25/2011 (dgj). (Entered: 05/05/2011) | |||
| 2011-05-06 | 160 | 0 | MOTION for clarification 159 Order, Set/Reset Hearings by Federal Trade Commission. Responses due by 5/23/2011 (Wiese, David) (Entered: 05/06/2011) | |||
| 2011-05-11 | 161 | 0 | MOTION for Summary Judgment by Federal Trade Commission. Responses due by 5/31/2011 (Wiese, David) (Entered: 05/11/2011) | |||
| 2011-05-11 | 162 | 0 | MOTION and Brief in Support of Request to File Memorandum and Statement of Material Facts in Excess of Page Limitation by Federal Trade Commission. (Wiese, David) Modified text on 5/11/2011 (asl). (Entered: 05/11/2011) | |||
| 2011-05-11 | 163 | 0 | MEMORANDUM of Law in Support re 161 MOTION for Summary Judgment by Federal Trade Commission. (Attachments: # 1 Exhibit 1 (Part 1 of 3), # 2 Exhibit 1 (Part 2 of 3), # 3 Exhibit 1 (Part 3 of 3), # 4 Exhibit 2, # 5 Exhibit 3 (Part 1 of 2), # 6 Exhibit 3 (Part 2 of 2), # 7 Exhibit 4 (Part 1 of 2), # 8 Exhibit 4 (Part 2 of 2), # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13 (Part 1 of 2), # 18 Exhibit 13 (Part 2 of 2), # 19 Exhibit 14, # 20 Exhibit 15 (Part 1 of 3), # 21 Exhibit 15 (Part 2 of 3), # 22 Exhibit 15 (Part 3 of 3), # 23 Exhibit 16, # 24 Exhibit 17, # 25 Exhibit 18, # 26 Exhibit 19, # 27 Exhibit 20, # 28 Exhibit 21, # 29 Exhibit 22, # 30 Exhibit 23, # 31 Exhibit 24, # 32 Exhibit 25, # 33 Exhibit 26, # 34 Exhibit 27, # 35 Exhibit 28, # 36 Exhibit 29, # 37 Exhibit 30, # 38 Exhibit 31)(Wiese, David) Modified text on 5/11/2011 (asl). (Entered: 05/11/2011) | |||
| 2011-05-11 | 164 | 0 | Statement of: Undisputed Material Facts by Federal Trade Commission re 161 MOTION for Summary Judgment (Wiese, David) (Entered: 05/11/2011) | |||
| 2011-05-11 | 165 | 0 | Clerks Notice to Filer re 164 Statement. Document Unreadable; CORRECTIVE ACTION REQUIRED - Filer must file a Notice of Striking, then refile a legible copy of the document. (asl) (Entered: 05/11/2011) | |||
| 2011-05-11 | 166 | 0 | NOTICE of Striking 164 Statement filed by Federal Trade Commission by Federal Trade Commission (Wiese, David) (Entered: 05/11/2011) | |||
| 2011-05-11 | 167 | 0 | Statement of: Undisputed Material Facts by Federal Trade Commission re 161 MOTION for Summary Judgment (Wiese, David) (Entered: 05/11/2011) | |||
| 2011-05-12 | 168 | 0 | ORDER granting 162 Plaintiff's Motion for Leave to File Excess Pages. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/12/2011. (mhz) (Entered: 05/12/2011) | |||
| 2011-05-17 | 169 | 0 | TWENTY-ONE DAY Notice of Consideration of Motion for Summary Judgment [D.E. 161]. Signed by Judge Joan A. Lenard on 5/17/2011. (dp) (Entered: 05/17/2011) | |||
| 2011-05-24 | 170 | 0 | ORDER granting 160 Plaintiff's Unopposed Motion for Clarification. The Court's May 5, 2011, Order (D.E. 159) is clarified such that the trial currently scheduled for July 2011 is a bench trial, and not a jury trial. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/24/2011. (mhz) (Entered: 05/24/2011) | |||
| 2011-06-13 | 171 | 0 | NOTICE of Settlement Between Federal Trade Commission and Benzion Jack Itzkowitz by Federal Trade Commission (Wiese, David) (Entered: 06/13/2011) | |||
| 2011-06-13 | 172 | 0 | NOTICE of Settlement Between Federal Trade Commission and Eli Hertz by Federal Trade Commission (Wiese, David) (Entered: 06/13/2011) | |||
| 2011-06-13 | 173 | 0 | Plaintiff's MOTION for Leave to File Motion in Limine for Admission of Declarations and Memorandum of Law in Support Thereof by Federal Trade Commission. (Pessolano, Kathleen) (Entered: 06/13/2011) | |||
| 2011-06-13 | 174 | 0 | Plaintiff's MOTION for Leave to File re 173 Plaintiff's MOTION for Leave to File Motion in Limine for Admission of Declarations and Memorandum of Law in Support Thereof by Federal Trade Commission. Responses due by 6/30/2011 (Pessolano, Kathleen) Modified relief/text on 6/14/2011 (asl). (Entered: 06/13/2011) | |||
| 2011-06-14 | 175 | 0 | Clerks Notice to Filer re 174 Plaintiff's MOTION to Amend/Correct 173 Plaintiff's MOTION for Leave to File Motion in Limine for Admission of Declarations and Memorandum of Law in Support ThereofPlaintiff's MOTION to Amend/Correct 173 Plaintiff's MOTION for Leave to File Motion in Limine for Admission of Declarations and Memorandum of Law in Support Thereof. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (asl) (Entered: 06/14/2011) | |||
| 2011-06-20 | 176 | 0 | STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION AND SETTLEMENT OF CLAIMS AS TO DEFENDANT ELI HERTZ. Signed by Judge Joan A. Lenard on 6/20/11. (pm) (Entered: 06/20/2011) | |||
| 2011-06-20 | 177 | 0 | STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION AND SETTLEMENT OF CLAIMS AS TO BENZION JACK ITZKOWITZ. Signed by Judge Joan A. Lenard on 6/20/11. (pm) (Entered: 06/20/2011) | |||
| 2011-06-21 | 178 | 0 | Amended MOTION for Leave to File Motion in Limine for Admission of Declarations and Memorandum in Support Thereof by Federal Trade Commission. (Pessolano, Kathleen) (Entered: 06/21/2011) | |||
| 2011-06-21 | 179 | 0 | Plaintiff's MOTION to Bring Electronic Equipment into the courtroom for Use at Trial by Federal Trade Commission. Responses due by 7/8/2011 (Pessolano, Kathleen) (Entered: 06/21/2011) | |||
| 2011-06-21 | 180 | 0 | ORDER granting 173 Plaintiff's Motion for Leave to File Motion in Limine, granting 174 Plaintiff's Motion for Leave to File Motion in Limine, and granting 178 Plaintiff's Motion for Leave to File Motion in Limine. Plaintiff is directed to file its motions in limine as separate docket entries. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/21/2011. (mhz) (Entered: 06/21/2011) | |||
| 2011-06-21 | 181 | 0 | ENDORSED ORDER granting 179 Motion to Bring Electronic Equipment into the courtroom. Attorneys David Wiese and Kathleen Pessolano and investigator Katherine Redding shall be permitted to bring laptop computers and accessories as well as blackberry cell phones into the Ferguson Building for the duration of trial. Signed by Judge Joan A. Lenard on 6/21/2011. (pm) (Entered: 06/21/2011) | |||
| 2011-06-21 | 182 | 0 | Plaintiff's MOTION in Limine for Admission of Declarations by Federal Trade Commission. (Pessolano, Kathleen) (Entered: 06/21/2011) | |||
| 2011-06-23 | 183 | 0 | ORDER GRANTING 161 Plaintiff's Motion for Summary Judgment Against Defendant Zafrani, DENYING AS MOOT 138 Plaintiff's Motion for Default Judgment, and DENYING AS MOOT 182 Plaintiff's Motion in Limine. Signed by Judge Joan A. Lenard on 6/23/2011. (mhz) (Entered: 06/23/2011) | |||
| 2011-07-26 | 184 | 0 | NOTICE OF APPEAL by Richard Zafrani as to 183 Order on Motion for Default Judgment, Order on Motion for Summary Judgment, Order on Motion in Limine, Filing fee $ 455.00, receipt number 22543. 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 Transcript Information. (Attachments: # 1 receipt)(hh) (Entered: 07/26/2011) | |||
| 2011-08-03 | 185 | 0 | MOTION re 183 Order on Motion for Default Judgment, Order on Motion for Summary Judgment, Order on Motion in Limine,,, 161 MOTION for Summary Judgment (Motion for Entry of Final Order) by Federal Trade Commission. (Wiese, David) (Entered: 08/03/2011) | |||
| 2011-08-09 | 186 | 0 | TRANSCRIPT INFORMATION FORM by Richard Zafrani re 184 Notice of Appeal,,. No Transcript Requested. (hh) (Entered: 08/10/2011) | |||
| 2011-08-16 | 187 | 0 | Acknowledgment of Receipt of NOA from USCA re 184 Notice of Appeal,, filed by Richard Zafrani. Date received by USCA: 8/1/2011. USCA Case Number: 11-13464-H. (amb) (Entered: 08/16/2011) | |||
| 2011-08-30 | 188 | 0 | FINAL ORDER FOR PERMANENT INJUNCTION AS TO DEFENDANT RICHARD ZAFRANI. Signed by Judge Joan A. Lenard on 8/30/11. (pm) (Entered: 08/30/2011) | |||
| 2011-11-01 | 189 | 0 | ORDER of Dismissal from USCA (certified copy) dismissed for want of prosecution because the appellant has failed to file an appellant's brief and record excerpts within the time fixed by the rules as to 184 Notice of Appeal,, filed by Richard Zafrani, USCA # 11-13464-HH (hh) (Entered: 11/01/2011) | |||
| 2011-11-04 | 190 | 0 | MOTION for Relief from Judgment or Order under Rule 60 of the Federal Rules of Civil Procedure Re. 183 ORDER GRANTING 161 Plaintiff's Motion for Summary Judgment Against Defendant Zafrani by Richard Zafrani. (ar2) (Entered: 11/04/2011) | |||
| 2011-11-22 | 191 | 0 | ORDER denying 190 Defendant Richard Zafrani's Rule 60(b) Motion for Reconsideration as untimely under Rule 60(c)(1) and not warranting relief under the provisions of Rule 60(b)(1) or (6). This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/22/2011. (mhz) (Entered: 11/22/2011) | |||
| 2011-12-20 | 192 | 0 | NOTICE OF APPEAL by Richard Zafrani as to 191 Order on Motion for Reconsideration, Filing fee: (FEE NOT PAID). 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 Transcript Information. (hh) (Entered: 12/20/2011) | |||
| 2011-12-20 | 193 | 0 | MOTION for Leave to Appeal in forma pauperis by Richard Zafrani. (hh) (Entered: 12/20/2011) | |||
| 2011-12-22 | 194 | 0 | ORDER granting 193 Defendant Richard Zafrani's Motion for Leave to Appeal in forma pauperis. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/22/2011. (mhz) (Entered: 12/22/2011) | |||
| 2012-01-06 | 195 | 0 | Acknowledgment of Receipt of NOA from USCA re 192 Notice of Appeal, filed by Richard Zafrani. Date received by USCA: 12/27/2011. USCA Case Number: 11-16137-BB. (amb) (Entered: 01/06/2012) | |||
| 2012-01-09 | 196 | 0 | TRANSCRIPT INFORMATION FORM by Richard Zafrani re 192 Notice of Appeal,. No Transcript Requested. (hh) (Entered: 01/10/2012) | |||
| 2012-01-19 | 197 | 0 | NOTICE of Attorney Appearance and Substitution of Counsel by Karan R. Singh on behalf of Federal Trade Commission (Singh, Karan) Modified text on 1/19/2012 (asl). (Entered: 01/19/2012) | |||
| 2012-02-06 | 198 | 0 | NOTICE to the Court Re: Certificate of Interested Person by Richard Zafrani (ar2) (Entered: 02/06/2012) | |||
| 2012-02-22 | 199 | 0 | ORDER of Dismissal from USCA, dismissed for want of prosecution because the appellant has failed to file an appellant's brief and record excerpts within the time fixed by the rules as to 192 Notice of Appeal, filed by Richard Zafrani, USCA # 11-16137-BB (hh) (Entered: 02/22/2012) | |||
| 2013-06-04 | 200 | 0 | CLERK'S ORDER of Intent to Dispose of Exhibits pursuant to Local Rule 5.3.C. See 3/7/2011, DE 135 and 3/3/2011, DE 134 . Response to Clerks Order of Intent to Dispose of Exhibits due by 6/28/2013. (Attachments: # 1 DE 135 and 134 re Exhibits) (asl) (Entered: 06/04/2013) | |||
| 2013-06-20 | 201 | 0 | Clerk's Notice of Undeliverable Mail re 200 Clerks Order of Intent to Dispose/Destruction of Exhibits,. US Mail returned for: RICHARD ZAFRANI . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc) (Entered: 06/20/2013) |