Schottenstein v. J.P. Morgan Securities, LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 21-cv-20521-BLOOM/Otazo-Reyes

BEVERLEY B. SCHOTTENSTEIN, Individually and as Co-Trustee Under the Beverley B. Schottenstein Revocable Trust U/A/D April 5, 2011, as Amended,

Petitioner,

v.

J.P. MORGAN SECURITIES, LLC; EVAN A. SCHOTTENSTEIN; and AVI E. SCHOTTENSTEIN,

Respondents. _________________________________/

ORDER ON MOTION TO REOPEN THIS CAUSE is before the Court upon Petitioner’s Motion to Reopen Case, ECF No. [16] (“Motion”), filed on June 8, 2021, which seeks to reopen this case because the parties have been unable to resolve their dispute. The Court previously administratively closed the case, see ECF No. [15], upon being notified that the parties had reached a settlement of the disputes in this case, see ECF No. [14]. As the Court of Appeals for the Eleventh Circuit has explained, however, “[d]esignating a case ‘closed’ does not prevent the court from reactivating a case either of its own accord or at the request of the parties.” Fla. Ass’n for Retarded Citizens, Inc. v. Bush, 246 F.3d 1296, 1298 (11th Cir. 2001) (citing Lehman v. Revolution Portfolio LLC, 166 F.3d 389, 392 (1st Cir. 1999)). The Court has carefully reviewed the Motion, the record in this case, the applicable law, and is otherwise fully advised. Accordingly, it is ORDERED AND ADJUDGED that the Motion, ECF No. [16], is GRANTED. The Clerk of Court is directed to REOPEN the above-styled case. On or before Case No. 21-cv-20521-BLOOM/Otazo-Reyes

June 21, 2021, the parties shall submit a joint status report, setting forth all the remaining issues that this Court must address in this case. DONE AND ORDERED in Chambers at Miami, Florida, on June 10, 2021.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record