CLOSED,EGT

U.S. District Court

Southern District of Florida (Miami)

CIVIL DOCKET FOR CASE #: 1:19−cv−23792−KMW

Richemond et al v. Equitymax, Inc. et al

Assigned to: Judge Kathleen M. Williams

Case in other court: USBC−MIA, 19−01202−LMI

Cause: 28:0157 Motion for Withdrawal of Reference

Date Filed: 09/11/2019

Date Terminated: 11/14/2019

Jury Demand: None

Nature of Suit: 423 Bankruptcy Withdrawl

Jurisdiction: Federal Question

Plaintiff

Adrien Richemond represented by Julio Cesar Marrero

Marrero, Chamizo, Marcer Law, LP

3850 Bird Road, Suite 902

Coral Gables, FL 33146

305−446−0163

Email: eqramul@marrerorealestatelaw.com

ATTORNEY TO BE NOTICED

Richard Siegmeister

Richard Siegmeister, P.A.

One Plaza Brickell, Suite 304

1800 S.W. 1 Avenue

Miami, FL 33129−1180

305−859−7376

Fax: 305 859−7378

Email: rspa111@att.net

ATTORNEY TO BE NOTICED

Plaintiff

Madeleine Richemond represented by Julio Cesar Marrero

(See above for address)

ATTORNEY TO BE NOTICED

Richard Siegmeister

(See above for address)

ATTORNEY TO BE NOTICED

V.

Defendant

Equitymax, Inc. represented by Jerome Lewis Tepps

Jerome L. Tepps, P.A.

4300 N. University Dr.

Suite C−102

Sunrise, FL 33351

954−565−3231

Email: jerome@teppslawfirm.com

ATTORNEY TO BE NOTICED

William Andrew Treco

Jerome L. Tepps, P.A.

4300 N. University Dr.

Suite C−102

Sunrise, FL 33351

954−565−3231

Email: william@teppslawfirm.com

ATTORNEY TO BE NOTICED

Defendant

Case 19-01202-LMI Doc 47-1 Filed 02/20/20 Page 1 of 3
Title Quest Investments, LLC represented by Natalie F. Guerra−Valdes

Valdes Law Firm, P.A.

633 SE 3rd Avenue

Suite 301

Ft. Lauderdale, FL 33301

(954)764−7878

Fax: (954)764−7272

Email: eservice@valdeslawfirmpa.com

ATTORNEY TO BE NOTICED

Defendant

United Financial Counselors, Inc. represented by United Financial Counselors, Inc.

2321 Hollywood Blvd

Hollywood, FL 33020

PRO SE

Defendant

Jason Walowitz represented by Jason Walowitz

235 SE 4th Lane

Pompano Beach, FL 33060

PRO SE

Defendant

Stan L. Riskin represented by Stanley L. Riskin

Stan L. Riskin, P.A.

20801 Biscayne Boulevard

Suite 506

Aventura, FL 33180

305−936−8844

Fax: 305−627−3831

Email: SLRISKIN@AOL.COM

ATTORNEY TO BE NOTICED

Date Filed # Docket Text

09/11/2019 1 MOTION (COMPLAINT) to Withdraw Reference Bankruptcy Court case number

19−1202−LMI., filed by Stan L. Riskin.(dcn) (Entered: 09/11/2019)

09/11/2019 2 Bankruptcy Transmittal of Designated Record to District Court re 1 Bankruptcy Motion

(Complaint) to Withdraw Reference filed by Stan L. Riskin (Attachments: # 1 Docket

Sheet, # 2 Movant's Designated Items from Case # 19−1202−LMI, # 3 Movant's

Designated Items from Case # 19−12823−LMI)(dcn) (Entered: 09/11/2019)

09/11/2019 3 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams.

Pro se (NON−PRISONER) litigants may receive Notices of Electronic Filings (NEFS)

via email after filing a Consent by Pro Se Litigant (NON−PRISONER) to Receive

Notices of Electronic Filing. The consent form is available under the forms section of our

website. (jc) (Entered: 09/11/2019)

09/11/2019 4 Bankruptcy Filing of Motion to Withdraw Reference Pursuant to 28 USC 157(d) with

District Court (jc) (Entered: 09/11/2019)

09/25/2019 5 MOTION to Dismiss with Prejudice 2 Bankruptcy Transmittal of Designated Record to

District Court, , MOTION TO DISMISS 2 Bankruptcy Transmittal of Designated Record

to District Court, FOR FAILURE TO STATE A CLAIM or in the alternative (

Responses due by 10/9/2019), MOTION for More Definite Statement With Incorporated

Memorandum of Law ( Responses due by 10/9/2019) by Stan L. Riskin. (Riskin, Stanley)

(Entered: 09/25/2019)

09/27/2019 6 FIRST Clerk's Notice of Undeliverable Mail re 3 Clerk's Notice of Judge Assignment,.

US Mail returned for: United Financial Counselors, Inc.. The Court has not located an

updated address for this party. After two undeliverable notices from the Court, notices

Case 19-01202-LMI Doc 47-1 Filed 02/20/20 Page 2 of 3
will no longer be sent to this party in this case until a correct address is provided. (mp)

(Entered: 09/27/2019)

11/08/2019 7 PAPERLESS ORDER TO SHOW CAUSE. THIS MATTER is before the Court on

Defendant Stan L. Riskin's motion to dismiss 5 . Plaintiff's response was due October 9,

2019. To date, Plaintiff has failed to file a response. Accordingly, Plaintiff is ORDERED

to SHOW CAUSE by November 13, 2019 at 5:00 PM as to why Defendant's motion to

dismiss should not be granted by default. Signed by Judge Kathleen M. Williams on

11/8/2019. (jws) (Entered: 11/08/2019)

11/12/2019 8 RESPONSE by Adrien Richemond, Madeleine Richemond. (Attachments: # 1 Exhibit, #

2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Siegmeister, Richard) (Entered:

11/12/2019)

11/12/2019 9 RESPONSE TO ORDER TO SHOW CAUSE by Adrien Richemond, Madeleine

Richemond. (Siegmeister, Richard) (Entered: 11/12/2019)

11/12/2019 10 CERTIFICATE OF SERVICE by Adrien Richemond, Madeleine Richemond re 9

Response to Order to Show Cause, 8 Response/Reply (Other) (Siegmeister, Richard)

(Entered: 11/12/2019)

11/14/2019 PAPERLESS ORDER DISMISSING CASE WITHOUT PREJUDICE. THIS

MATTER is before the Court on Plaintiff's response to the Court's order to show cause 9 .

Plaintiff was required to file a response to Defendant's motion to dismiss 5 by October 9,

2019. On November 8, 2019, the Court ordered Plaintiff to show cause as to why

Defendant's motion to dismiss should not be granted by default for failure to respond 7 .

On November 12, 2019, Plaintiff filed its response to the Court's order to show cause 9

and its response to the motion to dismiss 10 .

Upon review of Plaintiff's response to the Court's order to show cause 9 , the Court finds

that Plaintiff has not established good cause excusing its failure to timely respond to the

motion. It is further ORDERED AND ADJUDGED that Plaintiff's response to the

motion to dismiss 10 is STRICKEN, as it was filed untimely and without leave of court,

and Plaintiff has failed to establish good cause for its delay. See Pollo Campestre, S.A. de

C.V. v. Campero, Inc., No. 19−20001−CIV, 2019 WL 3752575 (S.D. Fla. Aug. 8, 2019)

(refusing to consider an untimely filed response where party failed to seek an extension or

proffer an adequate explanation for its untimeliness).

Accordingly, it is ORDERED AND ADJUDGED that Defendant's motion to dismiss 5

is deemed unopposed and is GRANTED BY DEFAULT pursuant to Local Rule 7.1(c),

which states that the failure to serve an opposing memorandum of law within 14 days

after the service of a motion "may be deemed sufficient cause for granting the motion by

default." S.D. Fla. L.R. 7.1(c). See also De Leon v. S. Transp. Grp., Inc., No.

16−23879−CIV, 2016 WL 9274928, at *1 (S.D. Fla. Dec. 20, 2016), report and

recommendation adopted, No. 16−23879−CIV, 2017 WL 2899977 (S.D. Fla. Jan. 23,

2017) (granting motion where opposing party "did not demonstrate good cause for failing

to respond... "). Thus, this matter is DISMISSED WITHOUT PREJUDICE AND

CLOSED. Signed Judge Kathleen M. Williams. (clu). (Entered: 11/14/2019)

Case 19-01202-LMI Doc 47-1 Filed 02/20/20 Page 3 of 3