Ofer v. Millan et al
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Eduardo I Sanchez |
| Case #: | 1:24-cv-20888 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Mar 06, 2024 |
| Terminated: | Feb 26, 2025 |
| Last checked: Monday Sep 02, 2024 4:23 AM EDT |
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Defendant
AJAR Holdings LLC
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Represented By
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Defendant
Roniel Rodriguez, IV
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Represented By
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Defendant
Eric Schigiel
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Represented By
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Defendant
Roniel Rodriguez IV PA
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Represented By
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Defendant
Opustone
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Represented By
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Defendant
Millan Law Firm PA
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Represented By
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Defendant
Stephen T. Millan
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Represented By
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Defendant
Marin, Eljaiek, Lopez, Martinez PL
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Represented By
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Defendant
Stuart R. Kalb
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Represented By
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Defendant
Steven E. Gurian
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Represented By
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Defendant
Santiago Eljaiek , III
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Represented By
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Plaintiff
Raziel Ofer
3701 Degarmo Ln
Coconut Grove, FL 33133 |
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| TERMINATED PARTIES | |
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Defendant
R01 15R, LLC
Terminated: 08/14/2024
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Defendant
MPM 17A, LLC
Terminated: 08/14/2024
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Defendant
AJAR HOLDINGS, LLC
Terminated: 08/14/2024
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Defendant
1560/1568 Drexel Avenue, LLC
Terminated: 08/14/2024
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Defendant
1434 Collins
Terminated: 08/14/2024
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GPO
Jul 11 2024
ORDER denying 51 PLAINTIFF'S MOTION TO STRIKE. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/11/2024. See attached document for full details. (nwn) |
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GPO
Jul 11 2024
REPORT AND RECOMMENDATION. Recommending that the First Motion, ECF No. 12; the Second Motion, ECF No. 15; the Third Motion, ECF No. 17; and the Fourth Motion, ECF No. 39, be DENIED as MOOT re 12 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice 4 Amended Complaint/Amended Notice of Removal, filed by Steven E. Gurian, Eric Schigiel, Marin, Eljaiek, Lopez, Martinez PL, Opustone, 17 Defendant's MOTION to Dismiss with Prejudice 4 Amended Complaint/Amended Notice of Removal, filed by Stephen T. Millan, Millan Law Firm PA, 15 MOTION to Dismiss for Lack of Jurisdiction 4 Amended Complaint/Amended Notice of Removal, filed by Stuart R. Kalb, 39 Defendant's motion to Dismiss 4 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Santiago Eljaiek, III. Objections to R&R due by 7/25/2024 Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/11/2024. See attached document for full details. (nwn) Modified document type on 7/15/2024 (nwn). |
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GPO
Aug 16 2024
REPORT AND RECOMMENDATION re 57 MOTION TO DISMISS 54 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Stuart R. Kalb, Roniel Rodriguez IV PA, Roniel Rodriguez, IV, AJAR Holdings LLC. Recommending that the Fifth Motion, ECF No. 57, be DENIED as MOOT. Objections to R&R due by 8/30/2024 Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/16/2024. See attached document for full details. (nwn) Modified document type on 8/16/2024 (nwn). |
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GPO
Aug 27 2024
OMNIBUS ORDER ON PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT AND DEFENDANTS' MOTIONS TO STAY DISCOVERY. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/27/2024. See attached document for full details. (cds) Modified Document Type on 8/28/2024 (cds). |
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GPO
Sep 23 2024
REPORT AND RECOMMENDATIONS re 89 Defendant's MOTION to Stay Discovery filed by Steven E. Gurian, Eric Schigiel, Marin, Eljaiek, Lopez, Martinez PL, Opustone, 94 MOTION to Stay Discovery filed by Stuart R. Kalb, Roniel Rodriguez IV PA, Roniel Rodriguez, IV, Stephen T. Millan, AJAR Holdings LLC, Millan Law Firm PA.; Recommending Motions to Stay be Granted. Objections to R&R due by 10/7/2024. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 9/23/2024. See attached document for full details. (ls) |
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GPO
Jan 15 2025
REPORT AND RECOMMENDATION ON MOTIONS TO DISMISS AND MOTION FOR HEARING. For the reasons explained below, I RECOMMEND that: the Gurian Motion, ECF No. 88; the First Rodriguez Motion, ECF No. 93; and the Eljaiek Motion, ECF No. 100, be GRANTED; full details. (cds)the Second Rodriguez Motion, ECF No. 95, be DENIED; and the Motion for Hearing, ECF No. 119, be DENIED AS MOOT Objections to R&R due by 1/29/2025 Signed by Magistrate Judge Marty Fulgueira Elfenbein on 1/15/2025. See attached document for |
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GPO
Feb 26 2025
ORDER Adopting 121 Report and Recommendations. Closing Case. Signed by Judge K. Michael Moore on 2/26/2025. See attached document for full details. (cr00) |
| Docket last updated: 04/03/2025 11:59 PM EDT |
| Wednesday, April 02, 2025 | ||
| 160 | 160
order
Order on Motion for Reconsideration
Wed 04/02 6:49 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Ofer's Third Renewed Motion for Reconsideration of this Court's Adoption of the Magistrate's Report and Recommendation on Motions to Dismiss and Motion for Hearing.159 . Plaintiff's Motion reraises several issues that this Court previously ruled on in Plaintiff's Motion for Reconsideration141 , Plaintiff's Renewed Motion for Reconsideration149 , and Plaintiff's Second Renewed Motion for Reconsideration154 , see (ECF Nos. 144, 151, 157), and that this Court also anticipates will be addressed in Plaintiff's pending appeal before the Eleventh Circuit. Thus, this Court lacks the jurisdiction to adjudicate Plaintiff's Motion. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion159 is DENIED WITHOUT PREJUDICE. Signed by Judge K. Michael Moore on 4/2/2025. (cr00) |
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| Tuesday, April 01, 2025 | ||
| 159 | 159
motion
Reconsideration
Tue 04/01 4:36 PM
Third Renewed MOTION for Reconsideration of this Court's Adoption of the Magistrate's Report and Recomendation on Motion to Dismiss and Motion for Hearing121 by Raziel Ofer. (ar24) |
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| Friday, March 28, 2025 | ||
| 158 | 158
appeal
Acknowledgment of Receipt from USCA
Mon 03/31 3:42 PM
Acknowledgment of Receipt of NOA from USCA re155 Notice of Appeal, filed by Raziel Ofer. Date received by USCA: 3/27/2025. USCA Case Number: 25-11008 A. (apz) |
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| 157 | 157
order
Order on Motion for Reconsideration
Fri 03/28 5:20 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Ofer's Second Renewed Motion for Reconsideration of this Court's Adoption of the Magistrate's Report and Recommendation on Motions to Dismiss and Motion for Hearing.154 . Therein, Plaintiff requests for the third time that the Court reconsider its Order adopting Magistrate Judge Elfenbein's Report and Recommendation (ECF No. 141), dismissing Plaintiff's Second Amended Complaint, and denying all pending motions as moot, now that Magistrate Judge Elfenbein has recused herself from this matter (ECF No. 145) and now that Plaintiff alleges he has "present[ed] new evidence which the Court did not previously consider[.]" See generally id. "Reconsideration is an extraordinary remedy to be employed sparingly." Holland v. Florida, No. 06-20182 CIV-SEITZ, 2007 WL 9705926, at *1 (S.D. Fla. June 26, 2007) (citation and internal quotation marks omitted). "The only grounds for granting a motion for reconsideration 'are newly-discovered evidence or manifest errors of law or fact.'" United States v. Dean, 838 F. App'x 470, 471-72 (11th Cir. 2020) (quoting Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007) (per curiam)). A motion for reconsideration should raise new issues, not merely address issues litigated previously. Socialist Workers Party v. Leahy, 957 F. Supp. 1262, 1263 (S.D. Fla. 1997). "A party's disagreement with the court's decision, absent a showing of manifest error, is not sufficient to demonstrate entitlement to relief." Dean, 838 F. App'x at 472 (citing Jacobs v. Tempur-Pedic Int'l, Inc., 626 F.3d 1327, 1344 (11th Cir. 2010)). The Court previously denied Plaintiff's first and second Motions for Reconsideration (ECF Nos. 141, 144, 149, 150) which requested the same relief as the instant Motion. Now, Plaintiff states that since he has provided new evidence, "the pertinent parts of the transcript of the 2022 reconsideration hearing" in front of Bankruptcy Judge Isicoff and Bankruptcy Judge Isicoff's November 18, 2022, Order on Robert Mendez's Motion for Clarification, that he is entitled to reconsideration.154 at 6-10, Ex. A. The Court fails to see how the parts of the 2022 transcript and November 18, 2022, Order provided by Plaintiff qualifies as newly-discovered evidence where both Magistrate Judge Elfenbein in her Report and Recommendation and this Court in its Order considered Bankruptcy Judge Isicoff's holdings in Plaintiff's 2022 federal bankruptcy action. Further, the Court fails to see how this evidence helps Plaintiff's position, where, for example, Bankruptcy Judge Isicoff's Order on Robert Mendez's Motion for Clarification states: "The CDl Claims of Lien are certainly not enforceable by Raziel Ofer or RO 15R, LLC for all of the reasons set forth in the Summary Judgment Order." Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Second Renewed Motion for Reconsideration154 is DENIED. Signed by Judge K. Michael Moore on 3/28/2025. (cr00) |
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| Thursday, March 27, 2025 | ||
| 156 | 156
notice
Clerk's Notice (Other) with Optional Ad Hoc NEF
Thu 03/27 12:13 PM
CLERK'S NOTICE of Mailing Pro Se Instructions to Raziel Ofer re155 Notice of Appeal. (apz) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Thu 03/27 10:03 AM
Transmission of Notice of Appeal, Orders under appeal, and Docket Sheet to US Court of Appeals re155 Notice of Appeal, Notice has been electronically mailed. (apz) |
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| Wednesday, March 26, 2025 | ||
| 155 | 155
appeal
Notice of Appeal
Thu 03/27 9:29 AM
Notice of Appeal re 151 Order on Motion for Reconsideration, 144 Order on Motion for Reconsideration,137 Order on Motion to Dismiss, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion for Hearing, Order on Motion for Miscellaneous Relief, Order on Report and Recommendations, Order on Motion for Partial Summary Judgment, Order on Motion to Amend/Correct, Order on Motion for Leave to File Excess Pages by Raziel Ofer. Filing fee $ 605.00. Receipt#: 300437. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form[LINK:www.flsd.uscourts.gov/forms/all-forms] . (apz) |
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