The Alegra Collection, LLC v. CNC Motors, Inc. et al
| The Alegra Collection, LLC |
| CNC Motors, Inc., Joseph Firmapaz and Clayton Thom |
| 8:2021cv00686 |
| March 23, 2021 |
| US District Court for the Middle District of Florida |
| William F Jung |
| Amanda Arnold Sansone |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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This docket was last retrieved on August 12, 2021. A more recent docket listing may be available from PACER.
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Filing 49
ORDER denying as moot #41 Motion for Discovery; granting #44 Motion to Dismiss for Lack of Jurisdiction in accordance with attached opinion. Signed by Judge William F. Jung on 8/12/2021. (CCM)
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Filing 48
Minute Entry. Telephonic Proceedings held before Judge William F. Jung: MOTION HEARING held on 8/5/2021 re #41 MOTION for Discovery Jurisdictional Discovery filed by The Alegra Collection, LLC, and #44 MOTION to Dismiss for Lack of Jurisdiction filed by Clayton Thom and CNC Motors, Inc. Court Reporter: Tracey Aurelio (SAO)
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Filing 47
RESPONSE in Opposition re #41 MOTION for Discovery Jurisdictional Discovery filed by CNC Motors, Inc., Clayton Thom. (Behnke, Jerry)
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Filing 46
RESPONSE in Opposition re #44 MOTION to Dismiss for Lack of Jurisdiction filed by The Alegra Collection, LLC. (Hersh, Adam)
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Filing 45
NOTICE of Telephonic Hearing on #41 MOTION for Discovery, #44 MOTION to Dismiss for Lack of Jurisdiction. Motion Hearing set for 8/5/2021 at 9:30 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 0686 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing. (CCB)
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Filing 44
MOTION to Dismiss for Lack of Jurisdiction by CNC Motors, Inc., Clayton Thom. (Behnke, Jerry)
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Filing 43
AMENDED COMPLAINT against All Defendants filed by The Alegra Collection, LLC. (Attachments: #1 Exhibits)(Hersh, Adam)
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Filing 42
ENDORSED ORDER granting #40 Motion. Plaintiffs may file an amended complaint. Leave of Court to approve allegations of punitive damages is not required under the Florida statutory procedure, when litigating state law claims in federal court. Cohen v. Office Depot, Inc., 204 F.3d 1069 (11th Cir. 2000). Plaintiffs should file any amended complaint on the docket as a standalone document. Any response by defendants is due 21 days thereafter. Signed by Judge William F. Jung on 6/14/2021. (Jung, William) Modified on 6/14/2021 (Jung, William).
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Filing 41
MOTION for Discovery (Jurisdictional) by The Alegra Collection, LLC. (Hersh, Adam) .
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Filing 40
MOTION for Miscellaneous Relief, specifically Leave to Seek Punitative Damages in Amended Complaint by The Alegra Collection, LLC. (Attachments: #1 Exhibit Proposed Complaint)(Hersh, Adam)
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Filing 39
ENDORSED ORDER granting #38 Motion to extend time to respond to Plaintiff's amended complaint, if filed, 21 days after its filing. If no amended complaint is filed, Defendants shall file their response to the complaint on or before June 26, 2021. Signed by Judge William F. Jung on 4/30/2021. (CCB)
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Filing 38
Unopposed MOTION to Continue Response Date by CNC Motors, Inc., Clayton Thom. (Behnke, Jerry)
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Filing 37
REGISTRY DISBURSEMENT check number 4039-23612400 in the amount of $25,000.15 paid to ADAM HERSH, ESQ. per Order #30 dated 04/21/2021.(SEB)
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Filing 36
RECEIPT for Return of Original Title; Vehicle/Vessel Transfer and Reassignment Forms by Sellers: Andrew Hernandez and CNC Motors. (LD)
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Filing 35
This docket entry entered in error. You may disregard.
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Filing 34
ENDORSED ORDER due to leave to amend being granted to Plaintiff, denying as moot #23 Motion for Extension of Time to Answer. Signed by Judge William F. Jung on 4/21/2021. (Jung, William)
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Filing 33
ENDORSED ORDER denying as moot in light of Doc. 30 #18 Ex Parte Motion for Miscellaneous Relief. If necessary, the Motion may be reasserted with normal service. Signed by Judge William F. Jung on 4/21/2021. (Jung, William)
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Filing 32
ENDORSED ORDER denying as moot #13 Ex Parte Motion for Miscellaneous Relief. The Motion may be reasserted if necessary with normal service. Signed by Judge William F. Jung on 4/21/2021. (Jung, William)
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Filing 31
Minute Entry. Telephonic proceedings held before Judge William F. Jung: TELEPHONIC SHOW CAUSE HEARING held on 4/21/2021. Court Reporter: Tracey Aurelio (CAB)
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Filing 30
ORDER discharging #19 Order to show cause and directing Clerk in accordance with attached order. Plaintiff's amended pleadings are due within forty-five (45) days. Signed by Judge William F. Jung on 4/21/2021. (CCB)
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Filing 29
ENDORSED ORDER: The participation by defendants and/or their lawyers in the hearing today and the filings related to this matter are without prejudice to any assertions they may make concerning personal jurisdiction. The personal jurisdiction issues are not waived by this participation. This participation was and is required by Court injunctive Order. Signed by Judge William F. Jung on 4/21/2021. (Jung, William)
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Filing 28
NOTICE of Court's filing of title documents held by Clerk of Court. Plaintiff's counsel may inspect the physical documents prior to the 1:30 p.m. hearing today by coming to Chambers at Suite 1558 (15B), 801 N. Florida Ave, Tampa, Florida. (CCB)
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PRO HAC VICE FEES paid by attorney Jerry A. Behnke (Filing fee $150 receipt number TPA063711.) Related document: #21 MOTION for Jerry A. Behnke to appear pro hac vice. (ARC)
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PRO HAC VICE FEES paid by attorney Stephen G. Larson (Filing fee $150 receipt number TPA063710.) Related document: #20 MOTION for Stephen G. Larson to appear pro hac vice. (ARC)
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Filing 27
NOTICE to the Courts to take judicial notice regarding NBC 4 LA Story for OSC Hearing by The Alegra Collection, LLC. (Attachments: #1 Exhibit NBC 4 Los Angeles Story)(Hersh, Adam)
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Filing 26
NOTICE of lodging of vehicle title with the Clerk of Court by CNC Motors, Inc., Clayton Thom. (AG)
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Filing 25
ENDORSED ORDER clarifying that the show cause hearing scheduled for tomorrow, April 21, 2021, will be held telephonically. (The Court notes the hearing was initially scheduled in person on preliminary injunctive relief at docket #9 and may be reset for another date and time at the conclusion of the hearing tomorrow.) Signed by Judge William F. Jung on 4/20/2021. (CCB)
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Filing 24
ENDORSED ORDER: The Clerk should unseal Docs. 13 and 18. Signed by Judge William F. Jung on 4/19/2021. (Jung, William)
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Filing 23
MOTION for Extension of Time to File Answer re #1 Complaint, by CNC Motors, Inc., Clayton Thom. (AG)
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Filing 22
ENDORSED ORDER granting #20, #21 Motions to Appear Pro Hac Vice. Attorneys Stephen G. Larson and Jerry A. Behnke may appear pro hac vice, subject to the requirement that counsel complete the E-Filer Registration for access to CM/ECF (https://www.flmd.uscourts.gov/webforms/e-filer-registration-form) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 4/16/2021. (MLM)
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Filing 21
UNOPPOSED MOTION for Jerry A. Behnke to appear pro hac vice by CNC Motors, Inc., Clayton Thom. (AG) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 20
UNOPPOSED MOTION for Stephen G. Larson to appear pro hac vice by CNC Motors, Inc., Clayton Thom. (AG) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 19
ORDER to show cause as to CNC Motors, Inc., Clayton Thom. Telephonic Show Cause Hearing set for 4/21/2021 at 01:30 PM before Judge William F. Jung. Signed by Judge William F. Jung on 4/15/2021. (Attachments: # 1 Exhibit)(CCB) (Additional attachment(s) added on 4/15/2021: #2 Exhibit) (BES).
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Filing 18
Amended EXPARTE MOTION Order to Show Cause and Freeze Assets by The Alegra Collection, LLC. (Attachments: #1 Exhibit)(Hersh, Adam) Modified on 4/19/2021 unsealed per 24 Order (BES).
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Filing 17
NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Tracey Aurelio. (TVA)
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Filing 16
TRANSCRIPT of EX PARTE MOTION HEARING held on 4/14/21 before Judge WILLIAM F. JUNG. Court Reporter/Transcriber TRACEY AURELIO,Telephone number 813-301-5448, tracey_aurelio@flmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 5/6/2021 Redacted Transcript Deadline set for 5/17/2021 Release of Transcript Restriction set for 7/14/2021. (TVA)
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Filing 15
Minute Entry. Telephonic Proceedings held before Judge William F. Jung: MOTION HEARING held on 4/14/2021 re #13 EX PARTE MOTION For Contempt and To Freeze Assets filed by The Alegra Collection, LLC. Court Reporter: Tracey Aurelio (SAO)
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Filing 13
EXPARTE MOTION For Contempt and To Freeze Assets by The Alegra Collection, LLC. (Attachments: #1 Exhibit)(Hersh, Adam) Modified on 4/19/2021 unsealed per 24 Order (BES).
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Filing 12
REGISTRY MONIES received by The Alegra Collection, LLC in the amount of $ 25,000.00; Receipt # TPA063600. (ARC)
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Filing 11
ENDORSED ORDER granting #8 Motion for Temporary Injunction - see Order of today's date. Signed by Judge William F. Jung on 4/8/2021. (Jung, William)
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Filing 10
NOTICE of HEARING re: #8 Preliminary Injunction set for 4/21/2021 at 01:30 PM in Tampa Courtroom 15 B before Judge William F. Jung.(CCB)
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Filing 9
ORDER granting #8 Ex Parte Motion for Temporary Injunction. Signed by Judge William F. Jung on 4/8/2021. (CCB)
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Filing 8
Emergency EXPARTE MOTION Temporary / Preliminary Injunction against Defendant CNC Motors by All Plaintiffs. (Attachments: #1 Exhibit)(Hersh, Adam) Modified on 4/8/2021 (BES).
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Filing 7
NOTICE of a related action per Local Rule 1.07(c) by The Alegra Collection, LLC. Related case(s): No (Hersh, Adam)
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Filing 6
CERTIFICATE of interested persons and corporate disclosure statement by The Alegra Collection, LLC. (Hersh, Adam)
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Filing 5
NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (SAO)
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Filing 4
NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (SAO)
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Filing 3
SUMMONS issued as to CNC Motors, Inc., Clayton Thom, and Joseph Firmapaz. (JLD)
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Filing 2
NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Amanda Arnold Sansone. New case number: 8:21-cv-0686-WFJ-AAS. (SJB)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 402 receipt number 113A-18034551) filed by The Alegra Collection, LLC. (Attachments: #1 Proposed Summons to CNC, #2 Proposed Summons to Clayton Thom, #3 Proposed Summons to Joseph Firmapez, #4 Signed Civil Cover Sheet, #5 Complaint Exhibits)(Hersh, Adam) Modified on 3/24/2021 (JLD).
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