Firestone Financial, LLC v. Cyberzone, LLC et al
| Firestone Financial, LLC |
| Cyberzone, LLC, Elaine Mary Bak and Simon J. Bak |
| Regions Bank and SouthState Bank |
| 3:2022cv00568 |
| September 23, 2022 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| Emily C Marks |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Filing 36
WRIT OF EXECUTION issued and furnished to USMS for service re #27 Application (cwl, )
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Filing 35
ORDER: it is ORDERED as follows: 1) The Application for Issuance of Writ of Execution, pursuant to Fed. R. Civ. Pr. 69(a) (doc. #27 ) is GRANTED. 2) These proceedings are governed by Fed. R. Civ. Pr. 69(a)(1), which incorporates state law, embodied in Rule 69 of the Alabama Rules of Civil Procedure, and Ala. Code 6-9-1, et seq. 3) Pursuant to these procedures, the Clerk shall issue the Writ of Execution to the U.S. Marshal for the Middle District of Alabama, which Writ shall be in the form of the proposed Writ attached to the Motion. 4) The U.S. Marshal shall serve notice of the writ pursuant to the Writ of Execution, in the form of proposed notice attached to the Motion, by personal service to the last known address of Cyberzone, LLC, pursuant to A.R.C.P. 69(c), or posting said Cyberzone, LLC, c/o Simon J. Bak, Member, 107 North 9th Street, Opelika, Alabama 36801. The last known address for Cyber is 107 North 9th Street, Opelika, Alabama 36801. 5) The Writ of Execution shall include the personal property described in the Motion. The Plaintiff shall pay such costs and fees as incurred to the U.S. Marshal. 6) The U.S. Marshal shall seize, deliver, and restore to the Plaintiff Firestone Financial, LLC the personal property described in the writ of execution. 7) The U.S. Marshal shall execute the Writ of Execution with diligence, and shall perform the mandate herein and make return of his acts to the Clerk as soon as practicable, and not later than ninety (90) days from the date of execution. 8) The Writ of Execution shall be issued by the Clerk of the United States District Court for the Middle District of Alabama. Signed by Chief Judge Emily C. Marks on 6/26/2023. (cwl, )
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Filing 34
WRIT OF GARNISHMENT issued and furnished to USMS for service re #25 . (hrr, )
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Filing 33
WRIT OF GARNISHMENT issued and furnished to USMS for service re #24 . (hrr, )
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Filing 32
WRIT OF GARNISHMENT issued and furnished to USMS for service re #23 . (hrr, )
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Filing 31
WRIT OF GARNISHMENT issued and furnished to USMS for service re #22 . (hrr, )
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Filing 30
WRIT OF GARNISHMENT issued and furnished to USMS for service re #21 . (hrr, )
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Filing 29
WRIT OF GARNISHMENT issued and furnished to USMS for service re #20 . (hrr, )
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Filing 28
NOTICE of Non-Compliance re #26 Notice of Discovery which is hereby stricken pursuant to Local Rule 26.3 NON-FILING OF CIVIL DISCOVERY. (hrr, )
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Filing 27
APPLICATION for Writ of Execution by Firestone Financial, LLC. (Attachments: #1 Supplement Proposed Writ of Execution, #2 Supplement Notice to Defendant of Issuance of Writ of Execution, #3 Supplement Proposed Order Granting Application for Writ of Execution, #4 Supplement USM Service Paperwork)(Willis, Edward Burns)
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Filing 26
(STRICKEN pursuant to Local Rule 26.3 NON-FILING OF CIVIL DISCOVERY) NOTICE of Discovery by Firestone Financial, LLC (Willis, Edward Burns) Modified on 6/20/2023 (hrr, ).
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Filing 25
APPLICATION for Writ of Garnishment to SouthState Bank regarding Defendant Simon J. Bak by Firestone Financial, LLC. (Attachments: #1 Proposed Writ of Garnishment to SouthState Bank regarding Defendant Simon J. Bak, #2 Notice of Garnishment and Instructions to Debtor/Claim for Exemptions form, #3 Instructions to Garnishee, #4 Garnishee's Answer, #5 Application and Affidavit of Garnishment on Judgment)(Willis, Edward Burns) Modified on 6/20/2023 to clarify exhibit text (cwl, ).
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Filing 24
APPLICATION for Writ of Garnishment to Regions Bank regarding Defendant Simon J. Bak by Firestone Financial, LLC. (Attachments: #1 Proposed Writ of Garnishment to Regions Bank regarding Defendant Simon J. Bak, #2 Notice of Garnishment and Instructions to Debtor/ Claim for Exemptions Form, #3 Instructions to Garnishee, #4 Garnishee's Answer, #5 Application and Affidavit of Garnishemtn on Judgment)(Willis, Edward Burns) Modified on 6/20/2023 to clarify exhibit text (hrr, ).
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Filing 23
APPLICATION for Writ of Garnishment to SouthState Bank regarding Defendant Elaine Mary Bak by Firestone Financial, LLC. (Attachments: #1 Proposed Writ of Garnishment to SouthState Bank regarding Defendant Elaine Mary Bak, #2 Notice of Garnishment and Instructions to Debtor/ Claim for Exemptions Form, #3 Instructions to Garnishee, #4 Garnishee's Answer, #5 Application and Affidavit of Garnishment on Judgment)(Willis, Edward Burns) Modified on 6/20/2023 to clarify exhibit text (hrr, ).
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Filing 22
APPLICATION for Writ of Garnishment to Regions Bank regarding Defendant Elaine Mary Bak by Firestone Financial, LLC. (Attachments: #1 Proposed Writ of Garnishment to Regions Bank regarding Defendant Elaine Mary Bak, #2 Notice of Garnishment and Instructions to Debtor/Claim for Exemptions form, #3 Instructions to Garnishee, #4 Garnishee's Answer, #5 Applicattion and Affidavit for Garnishment on Judgment)(Willis, Edward Burns) Modified on 6/20/2023 to clarify exhibit text (cwl, ).
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Filing 21
APPLICATION for Writ of Garnishment to SouthState Bank regarding Defendant Cyberzone, LLC by Firestone Financial, LLC. (Attachments: #1 Proposed Writ of Garnishment to SouthState Bank regarding Defendant Cyberzone, LLC, #2 NNotice of Garnishment and Instructions to Debtor/ Claim for Exemptions Form, #3 Instructions to Garnishee, #4 Garnishee's Answer, #5 Application and Affidavit of Garnishment Judgment)(Willis, Edward Burns) Modified on 6/20/2023 to clarify exhibit text (hrr, ).
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Filing 20
APPLICATION for Writ of Garnishment to Regions Bank regarding Defendant Cyberzone, LLC by Firestone Financial, LLC. (Attachments: #1 Proposed Writ of Garnishment to Regions Bank regarding Defendant Cyberzone, LLC, #2 Notice of Garnishment and Instructions to Debtor/ Claim for Exemptions Form, #3 Instructions to Garnishee, #4 Garnishee's Answer, #5 Application and Affidavit of Garnishemtn on Judgment)(Willis, Edward Burns) Modified on 6/20/2023 to clarify exhibit text (hrr, ).
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Filing 19
CERTIFICATION of Judgment (cwl, )
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Filing 18
FINAL JUDGMENT: In accordance with the Memorandum Opinion and Order entered on this date, it is the ORDER, JUDGMENT and DECREE of the Court that judgment is entered in favor of the Plaintiff and against the Defendants, and this case is DISMISSED with prejudice. It is further ORDERED that the costs of this proceeding are taxed against the Defendants for which execution may issue. The Clerk is DIRECTED to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Chief Judge Emily C. Marks on 5/17/2023. (cwl, )
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Filing 17
MEMORANDUM OPINION and ORDER: it is ORDERED that the Plaintiff's Motion for Default Judgment (doc. #12 ) is GRANTED, and Firestone is awarded damages in the amount of $172,777.34 plus pre- and post-judgment interest. It is further ORDERED that Firestone is awarded attorney fees in the amount of $7,562.50 and costs in the amount of $641.27. A separate final judgment will be entered. Signed by Chief Judge Emily C. Marks on 5/17/2023. (cwl, )
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Filing 16
ORDER: it is ORDERED that on or before 2/17/2023, the Defendants shall show cause why the #12 motion should not be granted. The Clerk of the Court is DIRECTED to mail this Order to the Defendants at their addresses on record. Signed by Chief Judge Emily C. Marks on 2/6/2023. (mailed CMRRR & reg mail to defs)(cwl, )
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CERTIFICATE OF SERVICE by Firestone Financial, LLC re #12 MOTION for Default Judgment as to Defendants Cyberzone, LLC, Elaine Mary Bak and Simon J. Bak and Motion for Entry of Clerk's Default. (no pdf attached - see doc #15 for pdf as counsel erroneously docketed PDF under incorrect event) (cwl, )
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Filing 15
(STRICKEN as counsel erroneously docketed PDF under incorrect event) NOTICE by Firestone Financial, LLC re #12 MOTION for Default Judgment as to Defendants Cyberzone, LLC, Elaine Mary Bak and Simon J. Bak and Motion for Entry of Clerk's Default (Willis, Edward Burns) Modified on 11/17/2022 (cwl, ).
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Filing 14
Case Reassigned to Chief Judge Emily C. Marks as presiding Judge and Honorable Judge Jerusha T. Adams as referral Judge. Honorable Judge Jerusha T. Adams no longer assigned to the case as presiding Judge. (cwl, )
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Motions No Longer Referred to Honorable Judge Jerusha T. Adams: #12 MOTION for Default Judgment as to Defendants Cyberzone, LLC, Elaine Mary Bak and Simon J. Bak and Motion for Entry of Clerk's Default (no pdf attached) (cwl, )
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Filing 13
Clerk's ENTRY OF DEFAULT as to Defendants Elaine Mary Bak, Simon J. Bak, & Cyberzone, LLC; Copies furnished to all parties. (amf, )
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#12 Application and file have been delivered to the Clerk. (No pdf attached to this entry) (wcl, )
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Application to Clerk for Entry of Default by Firestone Financial, LLC against Cyberzone, LLC, Elaine Mary Bak and Simon J. Bak. (No PDF attached - see docket entry #12 for PDF) (es, )
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Filing 12
MOTION for Default Judgment as to Defendants Cyberzone, LLC, Elaine Mary Bak and Simon J. Bak and Motion for Entry of Clerk's Default by Firestone Financial, LLC. (Attachments: #1 Exhibit Exhibit A Complaint with Exhibits, #2 Exhibit Exhibit B Executed Summons against the Defendants, #3 Exhibit Exhibit C Declaration of Military Service, #4 Exhibit Exhibit D Signed Principal Declaration and Exhibits, #5 Exhibit Exhibit E Declaration of Fees and Costs of C. Randall Woolley, #6 Exhibit Exhibit F Declaration of Fees and Costs of E.B. Harrison Willis)(Willis, Edward Burns)
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Filing 11
NOTICE of Error re #9 & #10 Summons Returned Executed, the summons (Doc. #7 & #8 ) were previously filed and therefore were e-filed in error; thus stricken as duplicate entries. (es, )
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Filing 10
(STRICKEN AS DUPLICATE ENTRY) SUMMONS Returned Executed by Firestone Financial, LLC. (Willis, Edward Burns) Modified on 10/20/2022 (es, ).
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Filing 9
(STRICKEN AS DUPLICATE ENTRY) SUMMONS Returned Executed by Firestone Financial, LLC. Simon J. Bak served on 9/27/2022, answer due 10/18/2022 (Willis, Edward Burns) Modified on 10/20/2022 (es, ).
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Reset Deadlines: Elaine Mary Bak, Simon J. Bak, & Cyberzone, LLC answer due 10/18/2022. (No PDF attached to this entry) (amf, )
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Filing 8
SUMMONS Returned Executed by Firestone Financial, LLC. Simon J. Bak served on 9/27/2022, answer due 10/18/2022. (Willis, Edward Burns) Modified on 9/30/2022 to reflect the date served ad 9/27/2022 & not 9/29/2022 and to reflect the answer due date as 10/18/2022 & not 10/20/2022 (amf, ). (Main Document 8 replaced on 10/5/2022) (es, ). Modified on 10/5/2022 to add properly saved pdf and include all pgs (es, ).
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Filing 7
SUMMONS Returned Executed by Firestone Financial, LLC. Elaine Mary Bak served on 9/27/2022, answer due 10/18/2022. (Willis, Edward Burns) Modified on 9/30/2022 to reflect the date served ad 9/27/2022 & not 9/29/2022 and to reflect the answer due date as 10/18/2022 & not 10/20/2022 (amf, ). (Main Document 7 replaced on 10/5/2022) (es, ). Modified on 10/5/2022 to add properly saved pdf and include all pgs (es, ).
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Filing 6
SUMMONS Returned Executed by Firestone Financial, LLC. Cyberzone, LLC served on 9/27/2022, answer due 10/18/2022. (Willis, Edward Burns) Modified on 9/30/2022 to reflect the date served ad 9/27/2022 & not 9/29/2022 and to reflect the answer due date as 10/18/2022 & not 10/20/2022 (amf, ). (Main Document 6 replaced on 10/5/2022) (es, ). Modified on 10/5/2022 to add properly saved pdf and include all pgs. (es, ).
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Filing 5
Summons Issued as to Cyberzone, LLC, Elaine Mary Bak, Simon J. Bak; Note to Counsel: the Summons have been issued. Please print copies necessary for service. (es, )
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Filing 4
NOTICE of Assignment to Magistrate Judge sent to counsel for (Plf) Firestone Financial, LLC. (es, )
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Filing 3
Case Assigned to Honorable Judge Jerusha T. Adams as presiding judge. (es, )
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Filing 2
Corporate/Conflict Disclosure Statement by Firestone Financial, LLC. (Willis, Edward Burns) (Main Document 2 replaced on 9/26/2022) (es, ). Modified on 9/26/2022 to replace corrected cds. (es, ).
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Filing 1
VERIFIED COMPLAINT FOR REPLEVIN AND MONEY DAMAGES against Cyberzone, LLC, Elaine Mary Bak, Simon J. Bak ( Filing fee $ 402 receipt number AALMDC-3293385.), filed by Firestone Financial, LLC. 90 day Rule 4m deadline set for 12/22/2022. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 through 5, #3 Exhibit 6 through 14, #4 Exhibits 15 through 19, #5 Proposed Summons Cyberzone, LLC, #6 Proposed Summons Elaine Mary Bak, #7 Proposed Summons Simon J. Bak)(Willis, Edward Burns) (Attachment 5 replaced on 9/26/2022) (es, ). (Attachment 6 replaced on 9/26/2022) (es, ). (Attachment 7 replaced on 9/26/2022) (es, ). Modified on 9/26/2022 to clarify text as to pleading, to remove extra text and replace corrected proposed summons (es, ).
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