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Former Miami-Dade Prosecutor is Propping Up the Bar With Complaints Since 2016

Miami-Dade Prosecutor Lisa Jacobs Resigned Following DUI Arrest with Child Endangerment and other charges. Then she was arrested again.

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FLORIDA BAR v. JACOBS (2021)

STIPULATION AS TO PROBABLE CAUSE, CONDITIONAL GUILTY PLEA, AND CONSENT JUDGEMENT FOR DISCIPLINE

FEB 24, 2021 | REPUBLISHED BY LIT: JUL 30, 2021

COMES NOW, the undersigned respondent, Lisa Jacobs, and files this Stipulation as to Probable Cause, Conditional Guilty Plea, and Consent Judgment for Discipline pursuant to Rule 3-7.9 of the Rules Regulating The Florida Bar.

1. Respondent is, and at all times mentioned herein was, a member of The Florida Bar, subject to the jurisdiction of the Supreme Court of Florida.

2. Respondent was admitted to The Florida Bar on March 22, 1999.

3. Respondent is currently the subject of two grievances files which have been assigned the Florida Bar File Nos. 2018-70,453(11F) and 2018-70455(11F). Respondent waives her right to consideration of this matter by the Grievance Committee as provided by Rule 3-7.3, Rules of Discipline, and hereby stipulates that probable cause for further disciplinary proceedings exists as to these matters.

4. Respondent is acting freely and voluntarily in this matter and tenders this Plea without fear or threat of coercion. Respondent is represented by counsel in this matter.

5. Respondent admits that the following facts are true and accurate and stipulates as follows:

The Florida Bar File No. 2016-70, 580(11F)

A. On or about April 8, 2016, respondent was arrested for driving under the influence, causing or contributing damage to person or property, child endangerment, and leaving the scene of an accident in Broward County, Florida.

B. On or about August 25, 2016, respondent entered a plea of no contest to the charge of reckless driving and adjudication was withheld in Case No. 16012867-MU-10A. The remaining charges were nolle prossed by the Broward County State Attorney’s Office.

C. As part of her plea agreement, respondent was sentenced to probation for one year, fifty hours of community service, DUI school, attendance at an online parenting course, restitution in the amount of $100.00, and was required to make a donation to victim services in the amount of $250.00.

D. On or about May 24, 2017, following a grievance committee recommendation of diversion, respondent entered into a contract with Florida Lawyer’s Assistance (FLA).

E. Since that time, respondent has on a few occasions tested positive for alcohol use which is a violation of the requirements of her FLA contract.

F. To this day, respondent remains under FLA contact and continues to treat with her private therapist.

G. By reason of the foregoing, respondent has violated Rule 3-4.3 (Misconduct and Minor Misconduct) and Rule 4-8.4(b) (Misconduct) (A lawyer shall not commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects) of the Rules Regulating The Florida Bar.

The Florida Bar File No. 2020-50, 326(11F)

H. On or about December 15, 2018, respondent was arrested in Broward County, Florida for driving under the influence of alcohol, and refusal to submit to a Blood/Breath test.

I. On or about April 30, 2019, respondent entered a plea of no contest to DUI with property damage/personal injury and refusal to submit to a Blood/Breath Test.

She was adjudicated guilty in Case No. 18035556MU10A.

J. As part of the plea agreement, respondent’s driver’s license was suspended for nine (9) months, in addition to a ten (10) day immobilization of her vehicle, requirement to submit to random breath/urine analysis, 50 hours of community service. A restitution amount was reserved.

K. Respondent failed to notify The Florida Bar within ten (10) days of her adjudication of guilt as is required by R. Regulating Fla Bar 3-7.2(e). It is respondent’s position that she believed the bar had been notified by her previous attorney.

L. Respondent remains under contract with FLA and treats with a private individual therapist.

M. By reason of the foregoing, respondent has violated Rule 3-4.3 (Misconduct and Minor Misconduct); Rule 3-7.2(e) (A member of The Florida Bar must within 10 days of entry of a determination or judgment for any criminal offense … notify the executive director of The Florida Bar of such determination or judgment.) and Rule 4-8.4(b) (Misconduct) (A lawyer shall not commit a criminal act that reflects adversely on the lawyer’s honesty, Trustworthiness, or fitness as a lawyer in other respects) of the Rules Regulating The Florida Bar.

6. The Respondent offers the following apply in mitigation 3.3(b)(1) absence of a prior disciplinary record; 3.2(b)(3) personal or emotional problems; and 3.3(b)(12) remorse.

In addition, respondent continues to be proactive in her treatment plan both through FLA and with her private therapist.

7. Pursuant to Rule 3-7.9(a) of the Rules Regulating The Florida Bar, respondent hereby tenders a consent judgment for discipline wherein respondent agrees to the following discipline:

A. Thirty (30) days suspension.

B. Payment of the bar’s disciplinary costs.

C. Respondent will continue to participate actively in the program offered by FLA. by complying with her existing rehabilitation contract with FLA.

Said contract shall be extended for one additional year and shall run through August 2023.

D. Additionally, respondent agrees to be placed on probation for the duration of her rehabilitation contract.

E. Respondent will pay a probation monitoring fee of $100.00 per month directly to FLA.

The Florida Bar will monitor respondent’s compliance with her FLA. rehabilitation contract, including payment of the monthly monitoring fees.

Should respondent fail to pay FLA., respondent’s failure to pay will be reported to The Florida Bar.

Such nonpayment will be viewed as noncompliance with the contract and may result in further proceedings, up to and including contempt for failure to pay the monthly monitoring fees.

F. Respondent shall continue to participate in individual therapy and the frequency of those individual therapy sessions is to be determined by respondent’s therapist, in conjunction with FLA.

G. Respondent will have her therapist submit quarterly reports to The Florida Bar during the probationary period. The quarters are March 31, June 30, September 30, and December 31.

The reports shall confirm respondent’s attendance at counseling and inform The Florida Bar of respondent’s continuing ability to engage in the active practice of law. Respondent is responsible for the submission of the quarterly statements to The Florida Bar.

8. Respondent acknowledges that, unless waived or modified by the Court on motion of respondent, the court order will contain a provision that prohibits respondent from accepting new business from the date of the order or opinion and shall provide that the suspension is effective 30 days from the date of the order or opinion so that respondent may close out the practice of law and protect the interest of existing clients.

9. Respondent agrees that in the event that this Stipulation for Probable Cause, Conditional Guilty Plea, and Consent Judgment for Discipline is not approved by the Board of Governors of The Florida Bar, their designee, or The Florida Supreme Court, this consent judgment will be null and void and this matter will proceed pursuant to the Rules Regulating The Florida Bar.

10. Respondent agrees to eliminate all indicia of respondent’s status as an attorney on social media, telephone listings, stationery, checks, business cards office signs or any other indicia of respondent’s status as an attorney, whatsoever.
Respondent will no longer hold herself out as a licensed attorney.

11. If this plea is approved, then respondent agrees to pay all reasonable costs associated with this case pursuant to Rule 3-7.6(q) in the amount of $1,250.

These costs are due within 30 days of the court order.

espondent agrees that if the costs are not paid within 30 days of this court’s order becoming final, respondent shall pay interest on any unpaid costs at the statutory rate.

Respondent further agrees not to attempt to discharge the obligation for payment of the Bar’s costs in any future proceedings, including but not limited to, a petition for bankruptcy.

Respondent shall be deemed delinquent and ineligible to practice law pursuant to Rule 1-3.6 if the cost judgment is not satisfied within 30 days of the final court order, unless deferred by the Board of Governors of The Florida Bar.

12. Respondent acknowledges the obligation to pay the costs of this proceeding and that payment is evidence of strict compliance with the conditions of any disciplinary order or agreement, and is also evidence of good faith and fiscal responsibility.

Respondent understands that failure to pay the costs of this proceeding or restitution will reflect adversely on any other bar disciplinary matter in which respondent is involved.

13. This Stipulation as to Probable Cause, Conditional Guilty Plea and Consent Judgment for Discipline fully complies with all requirements of the Rules Regulating The Florida Bar.

Miami-Dade Prosecutor Resigns Following DUI Arrest

APR 14, 2016| REPUBLISHED BY LIT: JUL 30, 2021

MIAMI (CBSMiami) — An assistant state attorney has announced her resignation after she was arrested last week for allegedly driving drunk and leaving the scene of an accident.

Police said Lisa Jacobs, 51, also had her two children in the car, ages 14 and 10, during the accident on I-95 near the Hallandale Beach Blvd exit.

Following the crash, Jacobs attempted to leave the scene and had breath that smelled of alcohol, according to the arrest report.

Jacobs had spent 18 years as a prosecutor with the Miami-Dade State Attorney’s Office.

“Your office has provided me with the most rewarding career I could have ever imagined,” Jacobs said in her resignation letter. “My heart will always be with the Miami-Dade State Attorney’s Office.”

Along with a charge for DUI, Jacobs faces two counts of child neglect.

Video Gives Glimpse Of Prosecutor Accused Of DUI With Children In Car

SEP 21, 2016 | REPUBLISHED BY LIT: JUL 30, 2021

MIAMI (CBSMiami) — For the first time we are seeing and hearing what happened along the highway when a Miami-Dade prosecutor was stopped for suspicion of drunk driving while her kids were in the car

CBS4 News obtained the Florida Highway Patrol (FHP) dashcam video from April 8, 2016, when Lisa Jacobs was arrested in Hallandale Beach.

On the dashcam video, Jacobs tells a trooper, “of course I’m gonna let you do your job. I’ve been doing this for 18 years” a reference to her time with the State Attorney’s Office.

But the stop unravels quickly once troopers handcuff Jacobs to take her to the Broward jail.

Jacobs starts screaming that her arm is hurting because she had surgery the prior November.

FHP says a witness saw her waving her arm freely before the arrest.

Once in the cruiser, Jacobs is seen calmed down and sarcastically mutters to the trooper “I’m happy. It’s great. You guys are awesome.” She then talks out loud about her kids who were picked up by a relative.

“What was the first thing these officers did? They just left my poor children by the side of the road,” she is heard saying.

In August, Jacobs pleaded no contest to the charges .She will be on probation for a year and has been ordered to take a parenting course.

Her feelings about the ordeal were summed up while going to the jail five months ago.

“All for nothing. This is great,” she is heard telling the trooper.

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Appellate Circuit

Judge Jill Pryor on a Panel about Judicial Recusals? That’s a Contradiction, Right There.

Judge Cooke has a conflict of interest based on her financial statements, which revealed interests in companies doing business with one of the defendants.

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In the
United States Court of Appeals
For the Eleventh Circuit

No. 20-13674
Non-Argument Calendar

JAMES BUCKMAN, MAURICE SYMONETTE,

versus
LANCASTER MORTGAGE CO.,

Plaintiffs-Appellants,

DEUTSCHE BANK NATIONAL TRUST CO.,
as Trustee under the pooling and servicing agreement series rast 2006-A8,

SECURITY AND EXCHANGE COMMISSION,

U.S. TREASURY,

Defendants-Appellees,

ONE WEST BANK, et al.,

Defendants.

OCT 7, 2021 | REPUBLISHED BY LIT: OCT 7, 2021

Appeal from the United States District Court for the Southern District of Florida
D.C. Docket No. 1:19-cv-24184-MGC

Before JILL PRYOR, BRANCH, and LUCK, Circuit Judges. PER CURIAM:

James Buckman and Maurice Symonette (“Buckman and Symonette”) appeal from the district court’s dismissal with prejudice of their second amended complaint as an impermissible shotgun pleading.

They argue that the district court erred and demonstrated bias by dismissing their case because they had filed a motion for an additional three-day extension of time and the district court provided a window for responses to the motion by the defendants, but then dismissed the case before the responses were due.1

After review, we affirm.

1 Over four months after filing their notice of appeal from the dismissal of their complaint, Buckman and Symonette filed two motions for recusal of the district court judge, arguing that she had a conflict of interest based on her financial statements, which revealed interests in companies doing business with one of the defendants. (LIF: THAT DEFENDANT WOULD BE DEUTSCHE BANK)

The district court denied the motions.

Buckman and Symonette did not file an amended or new notice of appeal following entry of that order.

Therefore, we lack jurisdiction to review the district court’s denial of the motion for recusal.

See McDougald v. Jenson, 786 F.2d 1465, 1474 (11th Cir. 1986) (holding that, although we liberally construe notices of appeal under Federal Rule of Appellate Procedure 3 to include orders not expressly designated, that allowance does not extend to an order that was not entered when the notice of appeal was filed);

see also LaChance v. Duffy’s Draft House, Inc., 146 F.3d 832, 837–38 (11th Cir. 1998) (holding that we lacked jurisdiction over a post-judgment order awarding attorney’s fees where the motion for attorney’s fees was not filed until after the notice of appeal and the plaintiff failed to file an amended notice of appeal from the order awarding fees).

I. Background

In October 2019, Buckman and Symonette filed a pro se 45-page complaint against eight defendants including numerous banks, a mortgage company, the Security and Exchange Commission, the U.S. Treasury, and other entities, raising numerous claims including:

(1) quiet title;
(2) slander of title;
(3) unjust enrichment;
(4) violations of the Real Estate Settlement Procedures Act;
(5) fraud and concealment;
(6) violation of timely assignment and lack of consideration;
and
(7) various violations of several Florida statutes.

Thereafter, in December 2019, Buckman and Symonette filed a 51-page amended complaint asserting a total of 11 causes of action.

On July 24, 2020, the district court, sua sponte, struck the amended complaint as an impermissible shotgun pleading.

The district court set forth the pleading rules in its order, and provided that the plaintiffs had until July 31, 2020 to file a second amended complaint.

The district court emphasized that, in the second amended complaint, Plaintiffs are required to make a “short and plain statement of the claim showing that the pleader is entitled to relief . . .”

Fed. R. Civ. P. 8(a).

Plaintiffs must also state each theory of liability separately “in numbered paragraphs, each limited as far as practicable to a single set of circumstances.”

Fed. R. Civ. P. 10(b).

The newly amended complaint should clearly delineate which factual allegations and cited laws are relevant to the asserted cause of action.

This includes specifying which Defendant is liable under each cause of action and which Defendant is implicated in each factual allegation.

Failure to comply with this Order may result in the dismissal of this case with prejudice or other appropriate sanctions.

On July 31, 2020, the plaintiffs filed a motion for an extension of time to file their second amended complaint. The district court granted the motion and ordered that the second amended com- plaint be filed on or before August 6, 2020.

On August 6, 2020, the plaintiffs filed a motion seeking three more days to file their second amended complaint. On the same date, after filing their extension motion, they filed their second amended complaint.

The 92-page second amended complaint added 4 new causes of action and suffered from many of the same issues as the first amended complaint.

On August 17, 2020, the district court dismissed with prejudice the second amended complaint explaining that the second amended complaint “does not cure the defects that required striking of the initial Complaint.”

This appeal followed.2

2 Following the dismissal of their complaint, Buckman and Symonette filed a motion for reconsideration in the district court, which was denied. However, they do not raise any arguments related to the denial of their motion for re- consideration in their brief. Accordingly, the district court’s resolution of the motion for reconsideration is not before us.

II. Discussion

Buckman and Symonette argue that the district court erred and demonstrated bias when it dismissed their case with prejudice while their motion for extension of time was pending.

Specifically, they argue that the district court docketed their motion for a three- day extension of time to file the second amended complaint and set “responses due by 8/20/2020,” but then dismissed the case before that date.

They also raise arguments related to the merits of their underlying claims.

The district court did not err in dismissing the case. On the day the second amended complaint was due, Buckman and Symonette filed the request for a three-day extension of time, but they then filed a second amended complaint the same day.

The filing of the second amended complaint on the day it was due mooted the motion for an extension of time and the related re- sponse period.

Once the second amended complaint was filed, there was nothing left for the district court to do except review the complaint to determine whether the plaintiffs corrected the previously identified pleading issues.

To the extent that Buckman and Symonette’s brief could be liberally construed as challenging the district court’s dismissal of the second-amended complaint as an impermissible shotgun pleading, we review the district court’s decision for abuse of discretion.

Barmapov v. Amuial, 986 F.3d 1321, 1324 (11th Cir. 2021); see also Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998)

(“Pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.”).

“A shotgun pleading is a complaint that violates either Federal Rule of Civil Procedure 8(a)(2) or Rule 10(b), or both.”

Barmapov, 986 F.3d at 1324.

Rule 8 requires that the complaint set forth “a short and plain statement of the claim” demonstrating an entitlement to relief, and Rule 10 requires that a plaintiff “state [his] claims in numbered paragraphs, each limited as far as practicable to a single set of circumstances.”

Fed. R. Civ. P. 8(a)(2) and 10(b).

Rule 10 further provides that each claim be stated in separate counts “[i]f doing so would promote clarity.” Id. R. 10(b).

We have repeatedly condemned the use of shotgun pleadings.

See Barmapov, 986 F.3d at 1324; Magluta v. Samples, 256 F.3d 1282, 1284 (11th Cir. 2001).

When a plaintiff files a shotgun pleading, a district court must give him one chance to replead before dismissing his case with prejudice on shotgun pleading grounds.
Vibe Micro, Inc. v. Shabanets, 878 F.3d 1291, 1295–96 (11th Cir. 2018).

The district court should explain how the pleading violated the shotgun rule so that the plaintiff can remedy his next pleading.

Id.

Where, as here, the plaintiff is provided fair notice of the specific defects in his complaint and a meaningful chance to fix it but fails to correct the defects, the district court does not abuse its discretion by dismissing with prejudice on shotgun pleading grounds.

Jackson v. Bank of Am., N.A., 898 F.3d 1348, 1358–59 (11th Cir. 2018).

Accordingly, the district court did not abuse its discretion in dismissing the second amended complaint with prejudice because Buckman and Symonette failed to correct the pleading defects.

Id.

Consequently, we affirm.

AFFIRMED.

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Florida

September was a Monster Month for Fl. Bar Disciplinary Cases. So Much So they Issued Two Separate Lists

On Sep 1, 2021, the Florida Bar Disciplined 10 lawyers and on Sep 15, another 17. That’s 27 lawyers in one month.

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September Discipline Part II by the Bar

SEP 15, 2021 | REPUBLISHED BY LIT: OCT 6, 2021

The Florida Supreme Court in recent court orders disciplined 17 attorneys, disbarring six, suspending seven, and reprimanding four. One attorney was also ordered to pay restitution.

Rasheed Karim Allen-Dawson, P.O. Box 135819, Clermont, suspended for 91 days and conditional probation for one year effective 30 days following an August 19 court order.

(Admitted to practice: 2011)

Allen-Dawson failed to provide a client with competent representation in a family law matter and pursued frivolous litigation.

Following the filing of the Bar complaint, Allen-Dawson made an impermissible agreement with the complaining client for a full refund conditioned on the client withdrawing the Bar complaint.

In a second matter, Allen-Dawson engaged in a course of conduct where he failed to follow the Federal Rules of Civil Procedure and Local Rules, failed to diligently and competently handle multiple client matters, and certified to the court that good-faith conferences had occurred when, in fact, they had not, resulting in the United States District Court, Middle District of Florida, imposing disciplinary sanctions against him which resulted in 12 months of conditional probation by the Federal Court.

(Case Nos.: SC21-472 and SC21-504)

Referee;

Gerald P. Hill II
Polk County Courthouse
P.O. Box 9000, Drawer J109
Bartow, FL 33831-9000

Charles McCormack Caldwell II, 801 W. Romana St., Suite C, Pensacola, public reprimand by publication and attendance at Ethics School effective immediately following an August 12 court order.

(Admitted to practice: 2010)

Caldwell worked for a Canadian trademark company representing clients in pending trademark applications and issued trademark registrations before the United States Patent and Trademark Office (USPTO).

The company’s practice was to enter Caldwell’s electronic signature on trademark documents before filing with the USPTO.

When Caldwell was contacted by the USPTO and advised that he was violating its regulations, he cooperated fully and severed all ties with the trademark company.

The USPTO imposed a public reprimand and 12 months probation.

(Case No: SC21-230)

Joe Luis Castrofort, 1906 E. Robinson St., Orlando, suspended for 60 days with attendance at Ethics School effective 30 days following an August 5 court order.

(Admitted to practice: 2001)

Castrofort represented a defendant in a criminal case where the defendant told Castrofort that someone had messaged him, claiming to be the alleged victim, and had requested $15,000 in exchange for her agreement not to testify against him in the case.

At the time, there was a court order that defendant have no contact with the alleged victim.

Castrofort involved private investigators who directed the client to message the alleged victim and have her appear at a designated location to collect the money.

Though there was no actual money involved, the client watched from a distance as the alleged victim entered the client’s unoccupied vehicle and searched for the money.

The client and alleged victim communicated using a messaging application and the private investigators recorded the encounter.

At the time, Castrofort did not fully appreciate that his client’s actions could be viewed as a violation of the no-contact order and expressed remorse for the misconduct.

(Case No: SC21-1100)

Kevin Keenan Chase, 709 Laurel Way, Casselberry, public reprimand by publication effective immediately following an August 6 court order.

(Admitted to practice: 1994)

Chase was held in contempt of the Court’s order dated November 12, 2020, for failing to timely comply with Rule 3-5.1(h) requirements of notifying clients, opposing counsel, and tribunals of his suspension.

(Case No: SC21-799)

Andrean Rose Eaton, 2020 N.E. 163rd St., Suite 300, North Miami Beach, suspended for 91 days effective 30 days following an August 6 court order.

(Admitted to practice: 1995)

Eaton was held in contempt of the court’s order dated March 5, 2020, for failing to comply with Rule 3-5.1(h) requirements of notifying clients, opposing counsel and tribunals of his suspension and for failing to comply with the conditions of her probation.

(Case No: SC21-772)

William Cater Elliott, P.O. Box 43343, Vestavia, Alabama, disbarred effective Nunc pro tunc to January 16, 2020, the date of his felony suspension following a June 17, 2021, court order.

(Admitted to Practice: 1989)

On July 18, 2019, Elliott was convicted of Organized Fraud over $50,000, adjudicated guilty, and sentenced to a two-year prison term followed by eight years’ probation.

Elliott deposited a counterfeit U.S. Treasury check into his law firm business account for $287,000.50, and withdrew a substantial amount, leaving the bank with a financial loss of $98,813.33.

Elliott was felony suspended on January 16, 2020.

After an appeal to the First DCA that was denied, the appellate court issued its mandate in March 2021.

(Case No: SC19-2094)

Michael James Foley, 644 Orange Belt Loop, Winter Garden, suspended for 91 days effective 30 days following an August 19 court order.

(Admitted to practice: 2002)

Foley, while employed by Liberty Law Team, failed to exercise reasonable supervision over the paralegal assigned to work on a client’s criminal appeal, allowing the paralegal to engage in impermissible activities such as giving legal advice, and making misrepresentations to the client and the client’s family.

Foley’s failure to supervise further enabled his paralegal to perpetrate a fraud on the client and the client’s family and collect fees and costs that were misappropriated by unknown persons at Liberty Law Team.

(Case No: SC21-311)

Referee:

Michael C. Heisey

Dana Marie Fragakis, 2150 Goodlette Rd. N., FL 6, Naples, suspended for 90 days and attendance at The Florida Bar Professionalism Workshop effective 30 days following an August 12 court order.

(Admitted to practice: 2000)

Fragakis became a candidate for a vacant county court seat in Palm Beach County in June 2016.

During a run-off election, Fragakis hired a campaign manager that promoted her candidacy by making disparaging statements about her opponent in emails, statements to the media, and a webpage.

Fragakis initially defended her campaign’s actions but ultimately admitted that her conduct was a violation of the Judicial Canons and apologized to her opponent.

Fragakis was thereafter removed from judicial office.

(Case No: SC12-1122)

Ronald Andersen Hurst, Jr., P.O. Box 540262, Greenacres, public reprimand by publication effective August 5 by court order.

(Admitted to practice: 2003)

Hurst was court-appointed to file an Amended Motion to Withdraw Plea Agreement on behalf of a criminal defendant.

Hurst made minimal efforts to communicate with the client to determine the basis for the motion. Since Hurst did not receive a response from the client, he did not file the subject motion.

(Case Nos: SC21-1098 and SC21-1100)

Eric Otto Husby, 306 S Blvd., Tampa, suspended for 90 days and directed to attend Ethics School effective 30 days following a July 29 court order.

(Admitted to practice: 2004)

Husby neglected his client’s matter and failed to communicate adequately in one matter, and failed to provide competent representation in the second. Husby failed to timely respond to the Bar in the first matter.

(Case No: SC20-1837)

Referee;

Honorable Alicia Polk

Andrew John Jones, 5200 South U.S. Highway 17/92, Casselberry, disbarred immediately following an August 19 court order.

(Admitted to practice: 2006)

On June 3, 2021, Jones pled guilty to Child Abuse and Tampering with Physical Evidence, both third-degree felonies.

(Case No: SC21-894)

Referee;

Michael J. McNicholas

Frederick Joseph Keitel III, P.O. Box 3243, Palm Beach, permanently disbarred effective immediately following an August 12 court order.

(Admitted to practice: 1991)

Keitel represented his own corporations in numerous cases during which he made unfounded, unethical, and disparaging attacks against many different judges.

He further engaged in incivility and unprofessionalism in a deposition, attempted to hinder and delay discovery, engaged in a conflict of interest, and violated orders entered by the bankruptcy court.

Keitel continued to engage in such disparaging conduct during the disciplinary proceedings.

(Case No: SC18-546)

John Chandler Ross, 1025 Indian River Ave., Titusville, disbarred effective immediately following an August 5 court order because he is currently suspended.

(Admitted to practice: 1983)

Ross was held in contempt of the court’s order dated November 24, 2020, for failing to comply with Rule 3-5.1(h) requirements of notifying clients, opposing counsel, and tribunals of his suspension.

(Case No: SC21-807)

Roger S. Rathbun, 9380 N.W. 13th St., Plantation, disbarred effective immediately following an August 12 court order.

(Admitted to practice: 2000)

Rathbun continued to engage in the active practice of law after being suspended from the practice of law by order dated January 9, 2020.

(Case No: SC20-623)

Douglas Alan Lopp, 19420 Sandy Springs Cir., Lutz, disbarred effective immediately following an August 11 court order.

(Admitted to practice: 1995)

Lopp was held in contempt of the court’s order dated September 20, 2020, for his repeated failure to respond to the court’s previous order and for his failure to notify clients, opposing counsel, and tribunals of his suspension.

(Case No: SC20-1026 and SC21-852)

Patrick James Thompson, 201 Hilda St., Suite 23, Kissimmee, public reprimand by publication and completion of Ethics School effective immediately following an August 26 court order.

(Admitted to practice: 2007)

Thompson negotiated with timeshare resorts on behalf of clients to assist the clients with an exit from their timeshare contracts and/or their timeshare maintenance fees.

Thompson improperly shared legal fees with a nonlawyer, who was a corporate officer of his law firm, Timeshare Lawyers, Inc.

Thompson was not admitted to practice law in any jurisdiction other than Florida but the resorts and the clients he represented sometimes were located outside of Florida.

In addition, Thompson did not sufficiently communicate with two clients about their cases, and he was not diligent in handling their cases.

(Case No: SC21-588)

Peter James Yanowitch, 232 Andalusia Ave., Suite 202, Coral Gables, suspended for 90 days and ordered to pay restitution in the total amount of $100,000 effective 30 days following an August 5 court order.

(Admitted to practice: 1982)

Yanowitch failed to maintain cost money in his trust account, instead, he applied it to fees deemed to be excessive, and without providing monthly invoices to the client.

(Case No: SC21-1090)

As an official arm of the Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the more than 109,000 members of The Florida Bar. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. Information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline.
Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that includes a rigorous background check and retaking the bar exam. Attorneys suspended for periods of 91 days and longer must undergo a rigorous process to regain their law licenses including proving rehabilitation. Disciplinary revocation is tantamount to disbarment.

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Debt Collector

Magistrate Judge Julie S. Sneed Lined Up to Award Sanctions including Attorney Fees Against Attorney Lee Segal

Florida Federal Courts are on the run from LawsinFlorida.com but despite your games, we’re here and the people are too, watchin’.

Published

on

Florida Limited Investment Properties, Inc. v. Deutsche Bank National Trust Company, as Trustee

(8:21-cv-02130)

District Court, M.D. Florida

SEP 10, 2021 | REPUBLISHED BY LIT: SEP 28, 2021

Florida Federal Courts are really tryin’ hard to hide which case and which judge is gonna screw lawyer Lee Segal for standing up to that German Bank, the straw man known as Deutsche Bank National Trust Company, but we’re all over them and they cannot hide the corruption from the people… We support Segal.

Federal judges take note, you should be sanctioning the corrupt bank for it’s decades of deception and lies. Otherwise, you’re just part of the ochlocracy and and Outlaw in a dirty black robe.

UPDATE: OCT 7, 2021

ENDORSED ORDER: Defendant has represented that, as of September 30, 2021, Plaintiff still has not properly effected service of process on it. (Doc. # 38).

Accordingly, Plaintiff is directed to file by October 15, 2021, a status report concerning its efforts at service of process, or, if it has effected service, file proof of such service on the docket.

If Plaintiff fails to respond to this Court’s directive, the Court may issue a show-cause order pursuant to Local Rule 3.10.

Based upon its review of the record, the Court also sets aside the requirement for the parties to file a case management report at this time. If the Defendant is properly served in this case, the Court will enter an order setting a new deadline regarding that report.

Signed by Judge Virginia M. Hernandez Covington on 10/7/2021.

FL. FEDERAL COURT SWITCHES AGAIN... READ THE HISTORY, CLICK THE IMAGE

ENDORSED ORDER: Defendant Deutsche Bank National Trust Company’s Motion for Attorney’s Fees (Doc. # 33) is hereby referred to the Honorable Julie S. Sneed, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 9/21/2021. (KMH) (Entered: 09/21/2021)

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U.S. District Court
Middle District of Florida (Tampa)
CIVIL DOCKET FOR CASE #: 8:21-cv-02130-VMC-JSS

 

Florida Limited Investment Properties, Inc. v. Deutsche Bank National Trust Company, as Trustee
Assigned to: Judge Virginia M. Hernandez Covington
Referred to: Magistrate Judge Julie S. Sneed

Case in other court:  Florida Southern, 2:21-cv-14039

Cause: 28:1332 Diversity-Notice of Removal

Date Filed: 09/10/2021
Jury Demand: Both
Nature of Suit: 470 Racketeer/Corrupt Organization
Jurisdiction: Diversity
Petitioner
Florida Limited Investment Properties, Inc. represented by Lee Segal
Segal & Schuh Law Group, PL
18167 US Hwy 19 N Ste 100
Clearwater, FL 33764
727-824-5775
Fax: 888-672-7347
Email: lee@segalschuh.com
ATTORNEY TO BE NOTICED
V.
Respondent
Deutsche Bank National Trust Company, as Trustee represented by Jason H. Okleshen
Greenberg Traurig, LLP
777 S Flagler Dr Ste 300E
West Palm Beach, FL 33401-6167
561/650-7900
Fax: 561/655-6222
Email: okleshenj@gtlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDBeth Ann Norrow
Greenberg Traurig, LLP
450 S Orange Ave Ste 650
Orlando, FL 32801
248-670-0353
Email: norrowb@gtlaw.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
09/10/2021 27 ORDER Granting 22 MOTION TO TRANSFER VENUE. Signed by Judge Jose E. Martinez on 9/10/2021. See attached document for full details. (cds) [Transferred from flsd on 9/10/2021.] (Entered: 09/10/2021)
09/10/2021 28 Case transferred in from District of Florida Southern; Case Number 2:21-cv-14039. File received electronically (Entered: 09/10/2021)
09/10/2021 29 TRANSFER IN from the Southern District of Florida. Case assigned to District Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New Case Number: 8:21-cv-2130-VMC-JSS. (JNB) (Entered: 09/10/2021)
09/10/2021 30 ENDORSED ORDER: Defendant removed this case on the basis of diversity of citizenship. Yet, the notice of removal fails to sufficiently establish Plaintiff’s citizenship. The notice of removal merely states that Plaintiff is “is a dissolved Florida limited liability company with its principal place of business in Bellaire Bluffs, Florida.” (Doc. # 1). But “a limited liability company is a citizen of any state of which a member of the company is a citizen.” Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Thus, “[t]o sufficiently allege the citizenships of” a limited liability company, “a party must list the citizenships of all the members of the limited liability company.” Id. Accordingly, to establish that complete diversity exists, Defendant must file an amended notice of removal listing the citizenships of all the members of Plaintiff by September 17, 2021. Signed by Judge Virginia M. Hernandez Covington on 9/10/2021. (KMH) (Entered: 09/10/2021)
09/15/2021 31 NOTICE by Deutsche Bank National Trust Company, as Trustee re 1 Complaint, 30 Order; NOTICE OF REMOVAL (AMENDED). (Attachments: # 1 Exhibit A – FLIP Sunbiz Filing and Articles of Dissolution, # 2 Exhibit B – DBNTC Corp Exist Records)(Norrow, Beth) (Entered: 09/15/2021)
09/15/2021 32 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by September 29, 2021, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. After the Case Management Report is filed, the Court will determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 9/15/2021. (KMH) (Entered: 09/15/2021)
09/20/2021 33 MOTION for Attorney Fees by Deutsche Bank National Trust Company, as Trustee. (Attachments: # 1 Exhibit 1 – Test Cases, # 2 Exhibit 2 – DBNTC-BNYM Cases, # 3 Exhibit 3 – Docket, # 4 Exhibit 4 – Show Cause Order, # 5 Exhibit 5 – Response to Order to Show Cause, # 6 Exhibit 6 – Dismissal and Re-Filed Complain, # 7 Exhibit 7 – Affidavit of CT Corp)(Norrow, Beth) (Entered: 09/20/2021)
09/20/2021 34 NOTICE to the Courts to take judicial notice regarding 33 MOTION for Attorney Fees by Deutsche Bank National Trust Company, as Trustee. (Attachments: # 1 Exhibit 1 – Segal Filings on behalf of 4417 Rudde, # 2 Exhibit 2- Segal Filings on behalf of Ziferryn Ventures, # 3 Exhibit 3- Segal Filings on behalf of George Weber, # 4 Exhibit 4- Segal Filings on behalf of Carla Turner-Hahn, # 5 Exhibit 5- Segal Filings on behalf of Anna Lofgren, # 6 Exhibit 6 – Segal Filings on behalf of Michael and Marcia Haulsee, # 7 Exhibit 7- Segal Filings on behalf of Jacaranda)(Norrow, Beth) (Entered: 09/20/2021)
09/20/2021 35 NOTICE to the Courts to take judicial notice regarding 33 MOTION for Attorney Fees by Deutsche Bank National Trust Company, as Trustee. (Attachments: # 1 Exhibit 1 – Kaye Pinellas County Case 20-2097 Docket, # 2 Exhibit 2 – Kaye Okechobee Case 20-CA-148 Docket, # 3 Exhibit 3 – Segal Affidavit)(Norrow, Beth) (Entered: 09/20/2021)
09/21/2021 36 ENDORSED ORDER: Defendant Deutsche Bank National Trust Company’s Motion for Attorney’s Fees (Doc. # 33) is hereby referred to the Honorable Julie S. Sneed, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 9/21/2021. (KMH) (Entered: 09/21/2021)

U.S. District Court
Middle District of Florida (Tampa)
CIVIL DOCKET FOR CASE #: 8:21-cv-02130-VMC-JSS

Florida Limited Investment Properties, Inc. v. Deutsche Bank National Trust Company, as Trustee
Assigned to: Judge Virginia M. Hernandez Covington
Referred to: Magistrate Judge Julie S. Sneed

Case in other court:  Florida Southern, 2:21-cv-14039

Cause: 28:1332 Diversity-Notice of Removal

Date Filed: 09/10/2021
Jury Demand: Both
Nature of Suit: 470 Racketeer/Corrupt Organization
Jurisdiction: Diversity

 

Date Entered # Docket Text
09/21/2021 36 ENDORSED ORDER: Defendant Deutsche Bank National Trust Company’s Motion for Attorney’s Fees (Doc. # 33) is hereby referred to the Honorable Julie S. Sneed, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 9/21/2021. (KMH) (Entered: 09/21/2021)
09/30/2021 37 ENDORSED ORDER: Pursuant to the Court’s order entered on September 15, 2021 (Doc. # 32), the parties were required to file a case management report by September 29, 2021. Based on a review of the docket, a case management report has not been filed. The parties are directed to file a case management report by October 6, 2021. Signed by Judge Virginia M. Hernandez Covington on 9/30/2021. (KMH) (Entered: 09/30/2021)
09/30/2021 38 NOTICE by Deutsche Bank National Trust Company, as Trustee re 26 Order Adopting Report and Recommendations Order on Motion to Remand Order on Motion to Strike Order on Report and Recommendations, 37 Order Notice of Lack of Service of Process on Defendant and Notice of Defendant’s Compliance with Case Management (Attachments: # 1 Exhibit A – Order Adopting Recommendation (Quashing SOP), # 2 Exhibit B – Email to Lee Segal)(Norrow, Beth) (Entered: 09/30/2021)

U.S. District Court
Middle District of Florida (Tampa)
CIVIL DOCKET FOR CASE #: 8:21-cv-02130-VMC-JSS

Create an Alert for This Case on RECAP

Florida Limited Investment Properties, Inc. v. Deutsche Bank National Trust Company, as Trustee
Assigned to: Judge Virginia M. Hernandez Covington
Referred to: Magistrate Judge Julie S. Sneed

Case in other court:  Florida Southern, 2:21-cv-14039

Cause: 28:1332 Diversity-Notice of Removal

Date Filed: 09/10/2021
Jury Demand: Both
Nature of Suit: 470 Racketeer/Corrupt Organization
Jurisdiction: Diversity

 

Date Filed # Docket Text
09/30/2021 38 NOTICE by Deutsche Bank National Trust Company, as Trustee re 26 Order Adopting Report and Recommendations, Order on Motion to Remand, Order on Motion to Strike, Order on Report and Recommendations, 37 Order; Notice of Lack of Service of Process on Defendant and Notice of Defendant’s Compliance with Case Management. (Attachments: # 1 Exhibit A – Order Adopting Recommendation (Quashing SOP), # 2 Exhibit B – Email to Lee Segal)(Norrow, Beth) (Entered: 09/30/2021)
10/07/2021 39 ENDORSED ORDER: Defendant has represented that, as of September 30, 2021, Plaintiff still has not properly effected service of process on it. (Doc. # 38). Accordingly, Plaintiff is directed to file by October 15, 2021, a status report concerning its efforts at service of process, or, if it has effected service, file proof of such service on the docket. If Plaintiff fails to respond to this Court’s directive, the Court may issue a show-cause order pursuant to Local Rule 3.10. Based upon its review of the record, the Court also sets aside the requirement for the parties to file a case management report at this time. If the Defendant is properly served in this case, the Court will enter an order setting a new deadline regarding that report. Signed by Judge Virginia M. Hernandez Covington on 10/7/2021. (SGM) (Entered: 10/07/2021)
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