Handsman et al v. Prayz et al
| Florida Southern District Court | |
| Judge: | Alicia O Valle |
| Case #: | 0:25-cv-60533 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1331 Federal Question |
| Case Filed: | Mar 21, 2025 |
| Case in other court: | Massachusetts, 1:25-cv-10078 |
| Last checked: Friday Mar 21, 2025 10:06 AM EDT |
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Defendant
Benjamin Prayz
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Plaintiff
Ivy Beth Handsman
55 Mill Plain Rd. #21-8
Danbury, CT 06811 |
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Plaintiff
Mike Micalizzi
55 Mill Plain Rd #21-8
Danbury, CT 06811 |
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| TERMINATED PARTIES | |
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Defendant
Craig Dearr
Terminated: 02/26/2025
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| Docket last updated: 03/23/2025 11:59 PM EDT |
| Friday, March 21, 2025 | ||
| 20 | 20
order
- Order (PAPERLESS or pdf attached)
Fri 03/21 3:40 PM
ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Magistrate Judge Alicia O. Valle on 3/21/2025. See attached document for full details. (lbe) |
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| 19 | 19
order
- Order (PAPERLESS or pdf attached)
Fri 03/21 3:35 PM
ORDER REGARDING MAGISTRATE JUDGE JURISDICTION AND OPTION FOR CASE REASSIGNMENT TO DISTRICT JUDGE. Signed by Magistrate Judge Alicia O. Valle on 3/21/2025. See attached document for full details. (lbe) |
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| 18 | 18
order
Judge Assignment
Fri 03/21 10:05 AM
Judge Assignment to Magistrate Judge Alicia O. Valle (bb) |
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| 17 | 17
transfer
Case Transferred In - District Transfer - CV - NO FEE
Fri 03/21 9:56 AM
Case transferred in from Massachusetts; Case Number 1:25-cv-10078. Electronic file including transfer order and docket sheet received. .(bb) |
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| Thursday, March 06, 2025 | ||
| 16 | 16 Case transferred to Southern District of Florida;. Original file sent electronically of certified copy of transfer order and docket sheet sent to Clerk in that district. (NMC) | |
| 15 | 15 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting14 Motion to Transfer Case. Plaintiffs Beth Handsman and Michael Micalizzi requesting that this case be transferred to the Southern District of Florida, the motion is allowed. (RGS, law3) | |
| 14 | 14
MOTION to Transfer Case to Massachusetts. by Mike Micalizzi.(Micalizzi, Mike)
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| Wednesday, February 26, 2025 | ||
| 13 | 13 Copy re 11 Order on Motion to Dismiss, 12 Order on Motion for leave to electronically file Pro Se mailed to Michael Micalizzi 55 Mill Plain Rd. #21-8 Danbury, CT 06811 on 2/26/2025. Future notices will be generated by email only. (CAM) | |
| 12 | 12 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot9 Motion for leave to electronically file Pro Se. (CAM) | |
| 11 | 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting8 Motion to Dismiss. Because the court has not held an evidentiary hearing and no discovery has yet occurred, it applies "the prima facie standard to evaluate whether it has personal jurisdiction over the defendant." Dillon Boiler Servs., Co. Inc. v. Soundview Vermont Holdings, LLC , 392 F. Supp. 3d 187, 189 (D. Mass. 2019). Under this standard, the court "ask[s] only whether the plaintiff[s] ha[ve] proffered facts that, if credited, would support all findings 'essential to personal jurisdiction.'" Chen v. U.S. Sports Acad., Inc. , 956 F.3d 45, 51 (1st Cir. 2020), quoting Foster-Miller, Inc. v. Babcock & Wilcox Canada , 46 F.3d 138, 145 (1st Cir. 1995). Plaintiffs bear "the ultimate burden of showing by a preponderance of the evidence that jurisdiction exists." Vapotherm, Inc. v. Santiago , 38 F.4th 252, 257 (1st Cir. 2022), quoting Adams v. Adams , 601 F.3d 1, 4 (1st Cir. 2010). Plaintiffs have not met their burden here. The only tie to Massachusetts in this case is an agreement between one of the plaintiffs and one of the defendants settling their brother's estate (which was probated in Massachusetts). There is no allegation that Dearr was involved in negotiating that agreement or in managing the underlying estate, such that the contact can be attributed to him. At best, plaintiffs assert that Dearr helped Prayz avoid transferring certain property due to Handsman under that agreement. But it is undisputed that plaintiffs have now received any property due to them. And because any independent injury associated with the delay presumably would have been felt in Connecticut, where plaintiffs live, or in Florida, where the alleged actions occurred, there is no basis to exert personal jurisdiction over Dearr in Massachusetts. (RGS, law3) | |
| Tuesday, February 25, 2025 | ||
| 10 | 10
PLAINTIFF'S OPPOSITION TO DEFENDANT CRAIG DEARR'S MOTION TO DISMISS re8 MOTION to Dismiss filed by Ivy Beth Handsman. (TF)
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| Friday, February 21, 2025 | ||
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MOTION for Leave to file electronically Pro Se by Craig Dearr. (JAM)
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MOTION to Dismiss by Craig Dearr. (JAM)
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| Monday, February 03, 2025 | ||
| 7 | 7 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting5 Motion for leave to electronically file Pro Se Michael Micalizzi. Pro se litigants must have an individual PACER account to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at [LINK:https://pacer.uscourts.gov/register-account] . Pro se e-filing account Instructions [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm] . If you already have a PACER account with E-Filing access as a pro se litigant, you do not need to register again, but you must email tracy_mclaughlin@mad.uscourts.gov with the docket number so your account can be updated allowing you to E-file . (JAM) | |
| Friday, January 31, 2025 | ||
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SUMMONS Returned Executed as to Craig Dearr served on 1/28/2025, answer due 2/18/2025. (JAM)
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| 5 | 5
MOTION for Leave to file electronically Pro Se by Michael Micalizzi. (JAM)
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| Tuesday, January 14, 2025 | ||
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Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (NVB)
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| Monday, January 13, 2025 | ||
| 3 | 3 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (CEH) | |
| 2 | 2 Filing fee/payment: $ 405.00, receipt number 300000608 for1 Complaint (MPZ) | |
| 1 | 1
6
pgs
COMPLAINT against All Defendants, filed by Ivy Beth Handsman, Michael Micalizzi.(MPZ)
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Att: 1
Civil Cover Sheet,
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Att: 2
Category Form,
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Att: 3
Exhibit 1,
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Att: 4
Exhibit 2,
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Att: 5
Exhibit 3,
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Att: 6
Exhibit 4,
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Att: 7
Exhibit 5,
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Att: 8
Exhibit 6
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