Kahama VI, LLC v. HJH, LLC et al
| Kahama VI, LLC |
| HJH, LLC, Robert E.W. McMillan, III, William R. Riveiro, Kirsten L. Riveiro and John Bahng |
| 8:2011cv02029 |
| September 7, 2011 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Hillsborough |
| Thomas B. McCoun |
| James S. Moody |
| Negotiable Instrument |
| 28 U.S.C. ยง 1332 Diversity-Negotiable Instrument |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
629
WRIT OF POSSESSION AND ORDER CONFIRMING FORECLOSURE SALE: The Report and Recommendation 628 of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. Plaintiff's Motion to Confirm Foreclosure Sale, Certificate of Title, Writ of Possession, and Related Relief 624 is GRANTED. Signed by Judge James S. Moody, Jr. on 2/22/2018. (SMB)
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Filing
617
ORDER: Defendant Old Republic's Motion for Award of Attorney's Fees and Related Non-Taxable Expenses 605 is granted as described herein. Defendant Old Republic is entitled to an award of attorney's fees and costs pursuant to se ction 768.79 of the Florida Statutes. Within fourteen (14) days, Defendant Old Republic shall serve Plaintiff with (1) its attorneys' itemized billing entries for the relevant time period (redacted as necessary), (2) its attorneys' hourly rates, and (3) any information necessary to substantiate the amount of costs requested. Within fourteen (14) days of service, the Parties shall meet and confer to see if they can come to an agreement about the fees and costs Defendant Old Republic s hould receive. If the Parties cannot reach a settlement regarding Defendant Old Republic's fees and costs, Defendant Old Republic can renew its Motion for Award of Attorney's Fees and Related Non-Taxable Expenses. At that time, Defendant Old Republic shall file evidentiary submissions in support of its motion. Signed by Judge James S. Moody, Jr. on 2/13/2017. (LN)
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Filing
615
ORDER: Defendant's Motion to Tax Costs 604 is granted in part and denied in part as explained herein. Defendant is entitled to $26,852.56 in costs. The Clerk of Court is directed to enter a Bill of Costs in the amount of $26,852.56 in favor of Defendant and against Plaintiff. Signed by Judge James S. Moody, Jr. on 2/2/2017. (LN)
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Filing
601
ORDER: Defendant Old Republic National Title Insurance Company's Motion for Summary Judgment on Count XII of Plaintiff's Third Amended Complaint 546 is GRANTED. The Clerk is directed to enter JUDGMENT in favor of Defendant Old Repub lic National Title Insurance Company and against Plaintiff Kahama VI, LLC. Plaintiff may move for an order confirming the sale of the property at issue in this case and any deficiency judgment, if applicable. The Clerk is further directed to CLOSE this case and terminate all pending motions as moot. Signed by Judge James S. Moody, Jr on 12/6/2016. (LN)
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Filing
503
ORDER: Defendant Old Republic National Title Insurance Company's Motion for Enlargement of Time to File Joint Status Report 502 is GRANTED in part. The parties shall file a Joint Status Report on OCTOBER 1, 2015, and on the first day of each month thereafter, until such time as the Florida Supreme Court decides whether it will exercise its discretionary review, after which Plaintiff or Defendant Old Republic shall file a notice with the Court within ten (10) days of a final determination in the aforementioned appeal notifying the Court as to the result. Signed by Judge James S. Moody, Jr on 9/11/2015. (LN)
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Filing
499
ORDER: The Clerk of Court is directed to re-open this case. The parties shall file a joint status report within fourteen (14) days from the date of this Order describing the issues remaining for the Court's consideration in Count XII of Plaintiff's Third Amended Complaint against Old Republic National Title Insurance Company, including the parties' likelihood of resolving the matters at mediation. Signed by Judge James S. Moody, Jr on 8/11/2015. (LN)
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Filing
491
AMENDED FORECLOSURE JUDGMENT AND ORDER OF SALE. (See Order for details.) Signed by Judge James S. Moody, Jr on 1/8/2015. (LN)
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Filing
468
ORDER: Defendants' Motion for Miscellaneous Relief (Dkt. #434) is GRANTED in part as more fully set forth in the Foreclosure Judgment and Order of Private Sale (Dkt. #467). Plaintiff's Cross Motion for Sanctions and Contempt (Dkt. #439) is DENIED. Plaintiff's Cross Motion for Judgment (Dkt. #440) is DENIED. Defendants' Motion to Strike (Dkt. #445) is DENIED. Signed by Judge James S. Moody, Jr on 12/9/2014. (LN)
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Filing
447
ORDER: The Motion to Quash and Withdraw Arrest Warrant and Other Relief (Dkt. #432) is GRANTED. JOHN BOSUNG BAHNG shall immediately deposit $22,977.13 into the Court's registry. Once the monies have been deposited into the Court's registry, the United States Marshal is directed to rescind the warrant to arrest JOHN BOSUNG BAHNG in this case. Thereafter, the arrest warrant (Dkt. #409) issued pursuant to this Court's Order (Dkt. #408) is deemed withdrawn. Plaintiff's Cross Motion for Sanctions/Contempt against the HJH Defendants and Their Counsel (Dkt. #439) is DENIED. Signed by Judge James S. Moody, Jr on 12/4/2014. (LN)
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Filing
427
ORDER: Defendant Old Republic National Title Insurance Company's Motion to Compel Discovery from Plaintiff and Plaintiff's Affiliate, Non-Party Landmark Equity Fund I, LLC 399 is GRANTED. Plaintiff, Kahama VI, LLC is ordered to tender the requested documents within five (5) days from the date of this Order. Defendant Old Republic is ordered to tender communications between it and the City of New Smyrna Beach, Florida and Volusia County, Florida upon receipt of a written discovery request from Plaintiff. Signed by Judge James S. Moody, Jr on 11/14/2014. (LN)
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Filing
410
ORDER: Defendant Howard S. Marks' Motion to Tax Costs (Dkt. #395) is GRANTED. The Clerk of Court is directed to enter a Bill of Costs against Plaintiff, Kahama VI, LLC and in favor of Defendant, Howard S. Marks in the amount of $6,815.58 for taxable costs. Plaintiff's Motion for Sanctions Against Marks and His Counsel as to his Bill of Costs and to Strike Personal Information of Plaintiff's Counsel (Dkt. #402) is DENIED. Signed by Judge James S. Moody, Jr on 11/4/2014. (LN)
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Filing
408
ORDER: The Clerk of Court is directed to issue a warrant of arrest directing the arrest of John Bahng by the United States Marshal. Signed by Judge James S. Moody, Jr on 11/3/2014. (LN)
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Filing
389
ORDER denying 370 Plaintiff's Motion for Sanctions, to Strike the Answer, Motion and response of and For Default Judgment Against Defendant Bahng Due to His Violation of the Court's Orders. Signed by Judge James S. Moody, Jr on 9/24/2014. (LN)
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Filing
385
ORDER: Plaintiff's Motion for Clarification and/or Reconsideration; and/or to Alter/Amend the Court's Order to Provide for Trial of Count VIII of the Third Amended Complaint as to Defendants McMillan and HJH 384 is GRANTED. The Order D enying Plaintiff's Amended Motion for Summary Judgment against the HJH Defendants 376 is amended to the extent that the trial set in November 2014 shall also include Plaintiff's claims in Count VIII of its Third Amended Complaint against Defendants Robert E.W. McMillan, III and HJH, LLC. Signed by Judge James S. Moody, Jr on 9/22/2014. (LN)
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Filing
379
ORDER denying 365 Plaintiff's Motion to Strike/Disregard Responses of Defendant Howard S. Marks to Motion for Summary Judgment and to Strike/Disregard Appellant Brief. Signed by Judge James S. Moody, Jr on 9/17/2014. (LN)
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Filing
344
ORDER: Plaintiff's Motion for Contempt and Sanctions Against Defendants HJH, LLC, McMillan, Bahng and Rivero Regarding Non-Payment of Taxes (Dkt. 261) is GRANTED as to Defendant John Bahng and DENIED as to Defendants HJH, LLC, Robert E. W. McM illan, III, and William R. Riveiro. Mr. Bahng is hereby held in CIVIL CONTEMPT OF COURT. Mr. Bahng is sentenced to imprisonment of 179 days. Mr. Bahng is directed to report to the United States Marshal's Office on August 20, 2014, to begin se rving his sentence. Mr. Bahng may purge himself of this Court's contempt by paying $22,945 in accordance with this Court's September 18, 2013 Order (Dkt. 139) (plus interest accruing at the federal statutory rate from the date of this Order), before August 20, 2014, or, once he is imprisoned, at any time thereafter before he completes his sentence. If Mr. Bahng fails to report to the United States Marshal's Office on August 20, 2014, this Court will issue an arrest warrant directing the arrest of John Bahng by the United States Marshal. Signed by Judge James S. Moody, Jr on 8/1/2014. (LN)
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Filing
340
ORDER: Plaintiff's Motion to Strike/Disregard Defendant Marks's Reply/Objection to Plaintiff's Response to His Motion for Summary Judgment (Dkt. 329) is DENIED. Signed by Judge James S. Moody, Jr on 7/28/2014. (LN)
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Filing
271
ORDER: Plaintiff's Motion for Costs, Contempt and Sanctions against Defendant John Bahng Regarding Recent Mediation (Dkt. #260) is DENIED. Signed by Judge James S. Moody, Jr on 3/20/2014. (LN)
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Filing
259
ORDER: Plaintiff's Motion to Strike Jury Demand of Defendant Marks (Dkt. #247) is DENIED. Signed by Judge James S. Moody, Jr on 3/4/2014. (LN)
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Filing
246
ORDER: The Court defers ruling on Defendant Howard S. Marks' Motion for Summary Judgment as to Count VIII - Fraudulent Transfer (Dkt. #209). Kahama shall file a supplemental response in opposition to Mark's Motion for Summary Judgment on or before May 15, 2014. If Kahama fails to file a supplemental response by May 15, 2014, the Court will rule on the Motion based on Kahama's initial Response in Opposition (Dkt. 225). Marks' Motion to Strike Plaintiff's Response in Opposition (Dkt. # 235) is DENIED. Marks' Motion for Leave to File a Reply to Plaintiff's Response (Dkt. #229) is DENIED. Signed by Judge James S. Moody, Jr on 2/10/2014. (LN)
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Filing
203
ORDER: Defendant Kevin P. Donaghy's Motion to Dismiss Third Amended Complaint (and Corrected Third Amended Complaint) (Dkt. #171), Defendants' HJH, LLC, Robert E.W. McMillan, III, William Riveiro and John Bahng's Motion to Dismiss Th ird Amended Complaint and Corrected Third Amended Complaint (Dkt. #172), Marks' Motion and Memorandum of Law to Dismiss and/or Strike "Third Amended Complaint" (Dkt. # 173) and Old Republic National Insurance Company's Motion to D ismiss Third Amended Complaint and Corrected Third Amended Complaint (Dkt. #176) are GRANTED in part and DENIED in part. Counts IV, V, IX, X and XI are dismissed as to all parties. Counts VI, VII, and VIII are dismissed as to Old Republic. Defenda nts' answers to the surviving claims in the Third Amended Complaint are due on or before December 23, 2013. Marks' Motion for Protective Order/Stay and Extension of Time (Dkt. #182) and Motion to Stay by John Bahng, Kevin Patrick Donaghy, HJH, LLC, Robert E.W. McMillan, III, William R. Riveiro (Dkt. #187) are denied as moot. The Defendants shall respond to the discovery at issue in the Motions on or before December 31, 2013. This Order does not authorize Plaintiff Kahama IV, LLC to amend its complaint or add new claims or parties without leave of court or written consent of the opposing parties pursuant to Fed.R.Civ.P. 15(a)(2). Signed by Judge James S. Moody, Jr on 12/12/2013. (LN)
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Filing
181
ORDER denying 164 Motion for Sanctions; denying 165 Motion for Sanctions; denying 166 Motion for Sanctions; denying 167 Motion for Sanctions; denying 168 Motion for Sanctions. Signed by Judge James S. Moody, Jr on 11/7/2013. (LN)
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Filing
135
ORDER: Defendant Howard S. Marks' Motion to Dismiss Complaint 93 is granted in part and denied in part. Defendant Old Republic National Title Insurance Company's Motion to Dismiss 95 is granted. Counts IV, VI, VII, VIII, and IX of Pl aintiff's Second Amended Complaint 72 are dismissed as to Howard S. Marks and Old Republic National Title Insurance Company without prejudice to Kahama to amend the Second Amended Complaint to allege sufficient facts. Kahama may amend the Second Amended Complaint within 14 days. Signed by Judge James S. Moody, Jr on 9/12/2013. (LN)
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Filing
62
ORDER: Plaintiff's Cross Motion to Strike Defendant's Affirmative Defense (Dkt. 26) is DENIED. Plaintiff's Motion for Summary Judgment Against the Defendants (Dkt. 38) is GRANTED in part as to the issue of liability under the Note a nd Guaranties. Plaintiff's Motion to Strike the Defendants' Response and Affidavit as to Plaintiff's Motion for Summary Judgment (Dkt. 48) is DENIED. Plaintiff's Motion for Leave to File Reply Brief (Dkt. 48) is DENIED as moot. Plaintiff's Motion to Reopen Discovery (Dkt. 48) is GRANTED. Discovery is limited to (1) the affirmative defense regarding the state court quiet title action, Case No.: 2008-20156-CINS, and (2) the damages amount under the Note and Guaranties . The new fact discovery deadline is June 24, 2013. The dispositive motion deadline is July 15, 2013. The Pre-Trial Conference is re-scheduled for THURSDAY, August 8, 2013 at 10:00 A.M. This case is re-set for NON-JURY TRIAL during the September 3, 2013 trial term. Signed by Judge James S. Moody, Jr on 4/24/2013. (LN)
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Filing
31
ORDER: Defendants' Motion to Dismiss 23 is DENIED. This Court is aware of a parallel proceeding taking place in state court in Volusia County, Florida. Count II of the plaintiff's complaint in the state court action seeks damages for f ailure to pay on a promissory note, the same note at issue in the instant case. If the state court plaintiff dismisses count II of the state court complaint, this Court will allow the instant action to proceed; if not, this Court will dismiss this action. The parties shall file a Status Report within 30 days, informing this Court whether count II of the state court complaint has been dismissed. Signed by Judge James S. Moody, Jr on 6/27/2012. (LN)
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