Kalbari Australia, LLC et al v. Belle Ewart Holdings, LLC et al
Plaintiff: Kalbarri Australia, LLC and Logistics Resources, LLC-S Series Memphis
Defendant: Belle Ewart Holdings, LLC and Yoseph Bialostozky
Case Number: 6:2021cv02144
Filed: December 22, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Daniel C Irick
Referring Judge: Carlos E Mendoza
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 15, 2022 Opinion or Order Filing 49 ENDORSED ORDER finding as moot #48 Motion to Withdraw as Attorney. The Court already terminated Mr. Weirich as counsel in this case. Signed by Magistrate Judge Daniel C. Irick on 2/15/2022. (Irick, Daniel)
February 15, 2022 Filing 48 MOTION for Charles M. Weirich, Jr. to Withdraw as Attorney. (SPM) Motions referred to Magistrate Judge Daniel C. Irick.
February 15, 2022 Opinion or Order Filing 47 ENDORSED ORDER dismissing this case without prejudice for the reasons stated on the record at the #44 February 15, 2022 Status Conference. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 2/15/2022. (VLC)
February 15, 2022 Opinion or Order Filing 46 ENDORSED ORDER granting 45 Ore Tenus Motion to Withdraw for the reasons stated on the record at the #44 February 15, 2022 Status Conference. Plaintiffs' counsel, Charles Michael Weirich, Jr. is withdrawn from this case. The Clerk is directed to terminate Mr. Weirich as counsel. Signed by Judge Carlos E. Mendoza on 2/15/2022. (VLC)
February 15, 2022 Filing 45 ORE TENUS MOTION for Charles Weirich, Jr. to Withdraw as Attorney. (MEH) Motions referred to Magistrate Judge Daniel C. Irick.
February 15, 2022 Filing 44 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONIC STATUS CONFERENCE held on 2/15/2022. Court Reporter: Suzanne L. Trimble (MEH) ctp
January 20, 2022 Opinion or Order Filing 43 ENDORSED ORDER granting 40 Plaintiffs' Ore Tenus Motion to Stay. This case and all related deadlines are STAYED. The Clerk is directed to administratively close this case. Plaintiffs shall be prepared to advise the Court as to the status of representation by counsel at the status conference scheduled for February 15, 2022, at 10:00 AM. Signed by Judge Carlos E. Mendoza on 1/20/2022. (VLC)
January 20, 2022 Opinion or Order Filing 42 ENDORSED ORDER striking #37 Request to Hold Action in Abeyance. A pro se party may not file motions on the docket when the party is represented by counsel. Additionally, a business entity may not proceed pro se. Signed by Judge Carlos E. Mendoza on 1/20/2022. (VLC)
January 20, 2022 Filing 41 NOTICE OF HEARING: Telephonic Status Conference set for 2/15/2022 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 021522. (MEH) Copies mailed.
January 20, 2022 Filing 40 ORE TENUS MOTION to Stay the case by Kalbarri Australia, LLC. (MEH)
January 20, 2022 Filing 39 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONIC STATUS CONFERENCE held on 1/20/2022. Court Reporter: Suzanne L. Trimble (MEH) Copies mailed.
January 19, 2022 Filing 38 NOTICE OF HEARING: Telephonic Status Conference set for 1/20/2022 at 10:15 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 012022. (MEH) ctp
January 14, 2022 Filing 37 **STRICKEN per 42 Order** MOTION for Miscellaneous Relief, specifically to Hold Case in Abeyance and for Additional Time to Retain Substitute Counsel by Kalbarri Australia, LLC, Logistics Resources, LLC-S Series Memphis. (Filed pro se by George Cannon, Manager, Logistics Resources, LLC-S Series Memphis)(RDO) Modified on 1/21/2022 (SPM).
January 11, 2022 Opinion or Order Filing 36 ORDER TO SHOW CAUSE- Belle Ewart shall SHOW CAUSE as to why this case should not be remanded for lack of subject matter jurisdiction. Failure to do so may result in remand of this case without further notice. Show Cause Response is due on or before February 25, 2022. Signed by Judge Carlos E. Mendoza on 1/11/2022. (MEH) Copies mailed.
January 10, 2022 Opinion or Order Filing 35 ENDORSED ORDER granting #32 Motion for Extension of Time. On or before 2/4/2022, Defendants shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 1/10/2022. (Irick, Daniel)
January 10, 2022 Set deadlines: for Belle Ewart Holdings, LLC, Yoseph Bialostozky. Answer due by 2/4/2022. (SPM)
January 7, 2022 Filing 34 CERTIFICATE of interested persons and corporate disclosure statement re #28 Order by Belle Ewart Holdings, LLC, Yoseph Bialostozky. (Banks, Brandon)
January 7, 2022 Filing 33 NOTICE of a related action per Local Rule 1.07(c) by Belle Ewart Holdings, LLC, Yoseph Bialostozky. Related case(s): Yes (Banks, Brandon)
January 6, 2022 Filing 32 Unopposed MOTION for Extension of Time to File Response to Complaint by Belle Ewart Holdings, LLC, Yoseph Bialostozky. (Banks, Brandon)
January 6, 2022 Filing 31 NOTICE of Appearance by Brandon Wayne Banks on behalf of Belle Ewart Holdings, LLC, Yoseph Bialostozky (Banks, Brandon) Text modified on 1/7/2022 (RDO).
December 23, 2021 Filing 30 NOTICE to counsel Charles M. Weirich, Jr., Clifton Miller, and Erica Marino Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; (Signed by Deputy Clerk). (SPM) (copies mailed)
December 23, 2021 Opinion or Order Filing 29 NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 12/23/2021. (MEH) ctp
December 23, 2021 Opinion or Order Filing 28 INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 12/23/2021. (MEH) ctp
December 22, 2021 Filing 27 TRANSFER IN from the Western District of Tennessee. Case assigned to District Judge Carlos E. Mendoza and Magistrate Judge Daniel C. Irick. New Case Number: 6:21-cv-02144-CEM-DCI. (BCW)
December 22, 2021 Filing 26 Case transferred in from District of Tennessee Western; Case Number 2:21-cv-02695. File received electronically
December 20, 2021 Opinion or Order Filing 25 ORDER GRANTING MOTION TO TRANSFER. Signed by Judge Thomas L. Parker on 12/20/21. (aah) [Transferred from tnwd on 12/22/2021.]
December 16, 2021 Filing 24 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #22 Notice of Removal filed by Yoseph Bialostozky has been filed. However, the following deficiency has been found: Filer submitted a document titled "Consent to Removal", but used the event "Notice of Removal", which is only used for new cases being filed. The system requested payment, which filer paid. Finance will give credit for the erroneous fee paid. Please refer to the #ECF User Manual and #ECF Policies and Procedures. (jae) [Transferred from tnwd on 12/22/2021.]
December 16, 2021 Filing 23 REPLY to Response to Motion re #20 Response to Motion to Dismiss, or in the Alternative, Transfer filed by All Defendants. (Marino, Erica) [Transferred from tnwd on 12/22/2021.]
December 16, 2021 Filing 22 NOTICE OF REMOVAL by Yoseph Bialostozky Consent to Removal (Filing fee $ 402 receipt number ATNWDC-3771381), filed by Yoseph Bialostozky.(Marino, Erica) [Transferred from tnwd on 12/22/2021.]
December 16, 2021 Filing 21 NOTICE of Appearance by Erica Marino on behalf of Yoseph Bialostozky (Marino, Erica) [Transferred from tnwd on 12/22/2021.]
December 10, 2021 Filing 20 RESPONSE to Motion re #17 MOTION to Dismiss or in the alternative, Motion to Transfer filed by All Plaintiffs. (Weirich, Charles) [Transferred from tnwd on 12/22/2021.]
December 8, 2021 Filing 19 SETTING LETTER: A SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure has been SET for MONDAY, JANUARY 3, 2022 at 2:00 P.M. (CST) before Judge Thomas L. Parker. The conference will be held via Microsoft Teams Video. A link to the video conference will be emailed to the attorneys prior to the setting.If the parties consent to have the case heard by the magistrate, please file your consent and this conference will be cancelled.Counsel should be prepared to discuss all pending motions.PLEASE REVIEW THE ATTACHED INSTRUCTIONS IN THE SETTING LETTER.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. (jpw) [Transferred from tnwd on 12/22/2021.]
November 11, 2021 Filing 18 MEMORANDUM in Support re #17 MOTION to Dismiss or in the alternative, Motion to Transfer filed by Belle Ewart Holdings, LLC. (Attachments: #1 Exhibit A - Docket Sheet; Duval County, Florida, #2 Exhibit B - Docket Sheet; Osceola County, Florida)(Miller, Clifton) [Transferred from tnwd on 12/22/2021.]
November 11, 2021 Filing 17 MOTION to Dismiss or in the alternative, Motion to Transfer by Belle Ewart Holdings, LLC. (Miller, Clifton) [Transferred from tnwd on 12/22/2021.]
November 9, 2021 Opinion or Order Filing 16 ORDER GRANTING MOTION FOR LEAVE TO APPEAR PRO HAC VICE. Signed by Judge Thomas L. Parker on 11/9/21. (aah) [Transferred from tnwd on 12/22/2021.]
November 5, 2021 Filing 15 MOTION for Leave to Appear Pro Hac Vice (Fee paid as part of previous filing) by Belle Ewart Holdings, LLC. (Attachments: #1 Exhibit Certificate of Good Standing; Tennessee, #2 Exhibit Certificate of Good Standing; Federal)(Miller, Clifton) [Transferred from tnwd on 12/22/2021.]
November 4, 2021 Opinion or Order Filing 14 ORDER GRANTING MOTION FOR LEAVE TO APPEAR PRO HAC VICE. Signed by Judge Thomas L. Parker on 11/4/21. (aah) [Transferred from tnwd on 12/22/2021.]
November 4, 2021 Filing 13 Notice of Correction to 10 Deficiency Notice,, 9 Deficiency Notice,, #1 Notice of Removal, . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Marino, Erica) [Transferred from tnwd on 12/22/2021.]
November 4, 2021 Filing 12 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #8 First MOTION for Leave to Appear Pro Hac Vice of Clifton N. Miller (Filing fee $ 150 receipt number ATNWDC-3741942) filed by Belle Ewart Holdings, LLC has been filed. However, the following deficiency has been found: motions to appear pro hac vice must be filed by the attorney seeking admission. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (agj) [Transferred from tnwd on 12/22/2021.]
November 4, 2021 Filing 11 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #7 First MOTION for Leave to Appear Pro Hac Vice by Erica R. Marino (Filing fee $ 150 receipt number ATNWDC-3741937) filed by Belle Ewart Holdings, LLC has been filed. For future reference, please note please email the proposed order to the presiding judge. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit the motion. (agj) [Transferred from tnwd on 12/22/2021.]
November 4, 2021 Filing 10 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Notice of Removal, filed by Belle Ewart Holdings, LLC has been filed. However, the following deficiency has been found: no civil cover sheet was submitted with the notice of removal. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (agj) [Transferred from tnwd on 12/22/2021.]
November 4, 2021 Filing 9 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Notice of Removal, filed by Belle Ewart Holdings, LLC has been filed. However, the following deficiency has been found: the CM/ECF user login name does not match the electronic signature on the pleading. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (agj) [Transferred from tnwd on 12/22/2021.]
November 4, 2021 Filing 8 First MOTION for Leave to Appear Pro Hac Vice of Clifton N. Miller (Filing fee $ 150 receipt number ATNWDC-3741942) by Belle Ewart Holdings, LLC. (Marino, Erica) [Transferred from tnwd on 12/22/2021.]
November 4, 2021 Filing 7 First MOTION for Leave to Appear Pro Hac Vice by Erica R. Marino (Filing fee $ 150 receipt number ATNWDC-3741937) by Belle Ewart Holdings, LLC. (Marino, Erica) [Transferred from tnwd on 12/22/2021.]
November 4, 2021 Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae) [Transferred from tnwd on 12/22/2021.]
November 4, 2021 Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae) [Transferred from tnwd on 12/22/2021.]
November 4, 2021 Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae) [Transferred from tnwd on 12/22/2021.]
November 4, 2021 Filing 3 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Notice of Removal, filed by Belle Ewart Holdings, LLC has been filed. However, the following deficiency has been found: Pro hac vice motions must be made separately as their own entry, which will prompt you to pay the fee when filed. Chambers cannot rule on an motion if it is not entered as such. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) [Transferred from tnwd on 12/22/2021.]
November 3, 2021 Filing 2 Judge Thomas L. Parker and Magistrate Judge Annie T. Christoff added. (jae) [Transferred from tnwd on 12/22/2021.]
November 3, 2021 Filing 1 NOTICE OF REMOVAL by Belle Ewart Holdings, LLC from Shelby County Chancery Court, case number CH-21-1379 (Filing fee $ 402 receipt number ATNWDC-3741409), filed by Belle Ewart Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 CNM Motion for Pro Hac Vice, #5 ERM Motion for Pro Hac Vice)(Marino, Erica) [Transferred from tnwd on 12/22/2021.]

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Search for this case: Kalbari Australia, LLC et al v. Belle Ewart Holdings, LLC et al
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Plaintiff: Kalbarri Australia, LLC
Represented By: Charles Michael Weirich, Jr.
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Plaintiff: Logistics Resources, LLC-S Series Memphis
Represented By: Charles Michael Weirich, Jr.
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Defendant: Belle Ewart Holdings, LLC
Represented By: Clifton Miller
Represented By: Erica Marino
Represented By: Brandon Wayne Banks
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Defendant: Yoseph Bialostozky
Represented By: Erica Marino
Represented By: Brandon Wayne Banks
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