Allan Jacob and Sandra Jacob v. Yisrael Taussig et. al.

CourtDistrict Court, M.D. Florida
DecidedNovember 24, 2025
Docket8:25-cv-01118
StatusUnknown

This text of Allan Jacob and Sandra Jacob v. Yisrael Taussig et. al. (Allan Jacob and Sandra Jacob v. Yisrael Taussig et. al.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allan Jacob and Sandra Jacob v. Yisrael Taussig et. al., (M.D. Fla. 2025).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

ALLAN JACOB and SANDRA JACOB,

Plaintiffs, v. Case No.: 8:25-cv-1118-KKM-AAS

YISRAEL TAUSSIG et. al.,

Defendants, ____________________________________________/

REPORT AND RECOMMENDATION Plaintiffs Allan Jacob and Sandra Jacob (collectively, the plaintiffs) move for entry of default judgment against Defendants Yisrael Taussig (Yisrael), Malka Singer Taussig (Singer), Ruchama Taussig (Ruchama), Herman Taussig (Herman), Aaron Taussig (Aaron), ARLG, LLC. (ARLG), and Herman & Sons, LLC. (H&S). (Doc. 34). For the reasons below, the undersigned RECOMMENDS that the plaintiffs’ motion be GRANTED in part. I. PROCEDURAL HISTORY On May 1, 2025, the plaintiffs filed a six-count complaint against the defendants for fraudulent transfer and conspiracy to defraud.1 (Doc. 1). On

1 The plaintiffs allege conspiracy to defraud against all the defendants. The plaintiffs allege two counts of fraudulent transfer against Singer, and one count of fraudulent transfer against Ruchama, ARLG LLC., and Herman & Sons LLC. July 9, 2025, the Clerk entered a default against all the defendants. (Doc. 33). The plaintiffs then moved for final default judgment. (Doc. 34).

II. BACKGROUND In August 2021, the plaintiffs loaned $250,000.00 to Yisrael, Singer, and Bais Yisroel Community Center of Tampa Bay, LLC (BYCC). (Doc. 1, p. 3). Under the promissory note, Defendants Yisrael and Singer were personal

guarantors of the loan. (Doc. 1, p. 3). The loan was due on August 2, 2023. (Doc. 1, p. 3). Yisrael and Singer defaulted on the loan, and there has been no repayment of the loan. (Doc. 1, p. 3). On November 27, 2023, the plaintiffs filed suit against Yisrael, Singer,

and BYCC. On April 29, 2024, a default judgment was entered against Yisrael, Singer, and BYCC in the amount of $250,000, plus attorney’s fees and expenses in the amount of $10,106.00. The plaintiffs have been unable to collect on the judgment.

The plaintiffs bring the instant suit alleging the defendants made fraudulent transfers and committed conspiracy to defraud by transferring certain properties to avoid collection efforts. The plaintiffs allege while the original lawsuit was still pending, Defendants Yisrael and Singer “sought to

sell off all their assets in order to avoid paying the $250,000 judgment.” (Doc. 34). The plaintiffs seek these remedies: (1) the voidance of the transfer of 16446 Little Garden; (2) the right to levy execution on 16446 Little Garden or its proceeds; (3) the voidance of the transfer of 16313 Little Garden; (4) the right to levy execution on 16313 Little Garden or its proceeds; (5) the voidance of the

transfer of 16477 Little Garden; (6) the right to levy execution on 16477 Little Garden or its proceeds; (7) an award of punitive damages for the unlawful conduct of defendants; (8) an award of reasonable attorneys’ fees, costs, and expenses for this action; and (9) an award of pre-and post-judgment interest.

III. JURISDICTION The court has diversity jurisdiction over this action. There is complete diversity between the parties, and the amount in controversy exceeds $75,000. The court has personal jurisdiction over the defendants, pursuant to Florida’s

long arm statute, because they possess real property within Florida. (Doc. 1, ¶¶ 1−12). IV. STANDARD OF REVIEW Rule 55 of the Federal Rules of Civil Procedure establishes a two-step

process for obtaining default judgment. First, when a defendant fails to plead or otherwise defend a lawsuit, the clerk of court may enter a clerk’s default. See Fed. R. Civ. P. 55(a). Second, after entry of the clerk’s default, the court may enter default judgment against the defendant. Fed. R. Civ. P. 55(b)(2).

“The effect of a default judgment is that the defendant admits the plaintiff’s well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.” Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir. 1987) (internal quotation and citation omitted).

A court must review the sufficiency of the complaint before determining whether a moving party is entitled to default judgment under Rule 55(b). See United States v. Kahn, 164 F. App’x 855, 858 (11th Cir. 2006) (citing Nishimatsu Constr. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir.

1975)). “While a complaint . . . does not need detailed factual allegations,” a plaintiff’s obligation to provide the grounds of his entitlement to relief “requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S.

544, 555 (2007) (internal citations omitted). If the admitted facts are sufficient to establish liability, the court must then determine the appropriate damages and enter final judgment in that amount. See Nishimatsu, 515 F.2d at 1206; see also PetMed Express, Inc. v. MedPets.com, Inc., 336 F. Supp. 2d 1213, 1216

(S.D. Fla. 2004). V. ANALYSIS The complaint alleges five separate counts of fraudulent transfer. The complaint alleges the transfers were made by the defendants and through

entities, which were alter egos of the named defendants. Florida law applies because Florida is the forum state. See Hendricks v. Smartvideo Technologies, Inc., 511 F. Supp. 2d 1219, 1225 (M.D. Fla. 2007) (“In diversity cases, the Court applies the substantive law of the forum”). Florida law applies the Florida Uniform Fraudulent Transfer Act (FUFTA). Florida

statute section 726.105 recognizes actual and constructive fraudulent transfers. Under Florida law, an actual fraudulent transfer occurs when the debtor transfers with “actual intent to hinder, delay, or defraud any creditor of the debtor.” Fla. Stat. § 726.105(1)(a). Given the difficulty in establishing

actual intent, the court considers the totality of the circumstances and the presence of certain badges of fraud to determine whether actual intent exists. See Fla. Stat. § 726.105(2); Kapila v. Warburg Pincus, LLC, No. 8:21-CV-2362- CEH, 2024 WL 1382398 at * 7 (M.D. Fla. Mar. 31, 2024); In re XYZ Options,

Inc., 154 F.3d 1262, 1271 (11th Cir. 1998). The badges of fraud include: (a) The transfer or obligation was to an insider. (b) The debtor retained possession or control of the property transferred after the transfer. (c) The transfer or obligation was disclosed or concealed. (d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit. (e) The transfer was of substantially all the debtor's assets. (f) The debtor absconded. (g) The debtor removed or concealed assets.

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