Graceland v. Plutus Enterprises LLC et al
| Anahata Graceland |
| Plutus Enterprises LLC, FLOYD SCOTT AGEE, JR., STEFAN DESSALINES, 7TH LEVEL COMMUNICATIONS, LLC, JUSTIN VERRENGIA and Plutus Enterprises LLC an Alabama limited liability company doing business as OPM Wealth |
| 8:2021cv02356 |
| October 6, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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Filing 60
ORDER: Defendant 7th Level Communications, LLC's Motion to Dismiss the Second Amended Complaint for Lack of Personal Jurisdiction, Improper Venue, and Failure to State a Claim (Doc. #48) is GRANTED. Defendant Justin Verrengia's Motion to Dismiss for Lack of Personal Jurisdiction, Improper Venue, and Failure to State a Claim (Doc. #50) is GRANTED. Because the Middle District of Florida is an improper venue, the Court DISMISSES this case without prejudice. The Clerk is directed to CLOSE this case. Signed by Judge Virginia M. Hernandez Covington on 4/22/2022. (DMD)
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| Filing 59 SUPPLEMENT re 56 Order no pdf by Anahata Graceland. (Corpion, Kristen) |
| Filing 58 NOTICE of Joinder by Justin Verrengia re 56 Order , #57 Supplement (Mullen, John) Modified on 4/18/2022 (BES). |
| Filing 57 SUPPLEMENTAL BRIEF pursuant to the Court's 56 Order by 7th Level Communications, LLC. (McDonough, James) Modified text on 4/15/2022 (AG). |
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Filing 56
ENDORSED ORDER: Plaintiff Graceland and Defendants 7th Level and Verrengia are directed to file, by April 15, 2022, supplemental briefs--not to exceed 3 pages--addressing whether there is another judicial district in which this case could have been filed to satisfy RICO's personal jurisdiction provision and RICO or Section 1391(b)'s venue provisions. Additionally, the supplemental briefs should address whether, if this Court determines that venue is improper in this district, the Court should dismiss the case without prejudice or "transfer such case to any district or division in which it could have been brought." 28 U.S.C. 1406(a). Signed by Judge Virginia M. Hernandez Covington on 4/6/2022. (DMD)
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| Filing 55 RESPONSE in Opposition re #50 MOTION to Dismiss for Lack of Jurisdiction - Personal, Improper Venue, and Failure to State a Claim, and Supporting Memorandum of Law filed by Anahata Graceland. (Corpion, Kristen) |
| Filing 54 RESPONSE in Opposition re #48 MOTION to Dismiss for Failure to State a Claim [Motion to Dismiss Plaintiff's Second Amended Complaint for Lack of Personal Jurisdiction, Improper Venue, and Failure to State A Claim and Incorporated Memorandum of Law in Support] filed by Anahata Graceland. (Corpion, Kristen) |
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Filing 53
ORDER appointing Gregory Holder as mediator in this action. The mediation conference is scheduled for August 11, 2022, at 9:00 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. Signed by Judge Virginia M. Hernandez Covington on 3/18/2022. (DMD)
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| Filing 52 NOTICE of mediation conference/hearing to be held on Thursday, August 11, 2022, 9:00 a.m. before Hon. Gregory P. Holder. (Corpion, Kristen) |
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Filing 51
ENDORSED ORDER: The parties' notice of mediation was due within 21 days of the Court's Case Management and Scheduling Order. (Doc. #33). That time has passed, yet no notice of mediation has been filed. Accordingly, Plaintiff is directed to file the notice of mediation by March 17, 2022. Signed by Judge Virginia M. Hernandez Covington on 3/11/2022. (DMD)
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| Filing 50 MOTION to Dismiss for Lack of Jurisdiction - Personal, Improper Venue, and Failure to State a Claim, and Supporting Memorandum of Law by Justin Verrengia. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Mullen, John) |
| Filing 49 NOTICE of Unavailability by Stefan Dessalines, Plutus Enterprises LLC (Cooke, Robert) |
| Filing 48 MOTION to Dismiss for Failure to State a Claim [Motion to Dismiss Plaintiff's Second Amended Complaint for Lack of Personal Jurisdiction, Improper Venue, and Failure to State A Claim and Incorporated Memorandum of Law in Support] by 7th Level Communications, LLC. (McDonough, James) |
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Filing 47
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the amended complaint. (Doc. #46). Defendant Verrengia's response now due March 10, 2022. Signed by Judge Virginia M. Hernandez Covington on 3/4/2022. (DMD)
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| Filing 46 Unopposed MOTION for Extension of Time to File Answer re #43 Amended Complaint by Justin Verrengia. (Mullen, John) |
| Filing 45 ANSWER and affirmative defenses to #43 Amended Complaint by Stefan Dessalines, Plutus Enterprises LLC.(Cooke, Robert) |
| Filing 44 NOTICE of Appearance by John D. Mullen on behalf of Justin Verrengia (Mullen, John) |
| Filing 43 SECOND AMENDED COMPLAINT against 7th Level Communications, LLC, Floyd Scott Agee, Jr, Stefan Dessalines, Plutus Enterprises LLC, Justin Verrengia with Jury Demand. filed by Anahata Graceland.(Corpion, Kristen) |
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Filing 42
ENDORSED ORDER granting the motion for leave to file a second amended complaint. (Doc. #41). Plaintiff is directed to file the second amended complaint as a separate docket entry by February 18, 2022. Additionally, in light of the anticipated second amended complaint, the motion to dismiss the amended complaint (Doc. #27) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 2/17/2022. (DMD)
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| Filing 41 MOTION to Amend #5 Amended Complaint by Anahata Graceland. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint)(Corpion, Kristen) |
| Filing 40 NOTICE of a related action per Local Rule 1.07(c) by 7th Level Communications, LLC. Related case(s): Yes (McDonough, James) |
| Filing 39 CERTIFICATE of interested persons and corporate disclosure statement by 7th Level Communications, LLC. (McDonough, James) |
| Filing 38 RETURN of service executed on 01.28.2022 by Anahata Graceland as to Justin Verrengia. (Corpion, Kristen) |
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Filing 37
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the motion to dismiss. (Doc. #36). Response now due February 16, 2022. Signed by Judge Virginia M. Hernandez Covington on 2/1/2022. (DMD)
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| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant 7th Level Communication's Motion to Dismiss by Anahata Graceland. (Corpion, Kristen) |
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Filing 35
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/31/2022. (MEJ)
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Filing 34
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #33), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 1/31/2022. (MEJ)
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Filing 33
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 1/19/2023 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the February 2023 Trial Term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 8/19/2022. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 1/31/2022. (MEJ)
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| Filing 32 CASE MANAGEMENT REPORT. (Corpion, Kristen) |
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Filing 31
ENDORSED ORDER: Counsel for Defendants Plutus Enterprises and Dessalines has filed a Case Management Report. (Doc. #30). However, the Case Management Report states "The parties conducted the planning conference on N/A. N/A attended the conference." (Id. at 1). Additionally, despite the space for counsel for all parties who have appeared to sign the Case Management Report, the Case Management Report is signed only by counsel for Defendants Plutus Enterprises and Dessalines. (Id. at 6). Thus, it appears to the Court that Defendants Plutus Enterprises and Dessalines alone filled out this Case Management Report and the dates included therein were not agreed on by all parties who have appeared, as required by the Court's order. (Doc. # 25). Accordingly, the Court strikes the Case Management Report. (Doc. #30). All parties who have appeared are directed to meet and confer and then file a completed Case Management Report, which must be signed by all counsel, by January 26, 2022. Signed by Judge Virginia M. Hernandez Covington on 1/21/2022. (DMD)
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| Filing 30 STRICKEN per 31 Order -- CASE MANAGEMENT REPORT. (Cooke, Robert) Modified on 1/21/2022 (BES). |
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Filing 29
ENDORSED ORDER: In light of Plaintiff's response to the order to show cause (Doc. #28), the Court extends the deadline to serve Defendant Verrengia under Rule 4 to February 4, 2022. The Court will be disinclined to extend this deadline further. Signed by Judge Virginia M. Hernandez Covington on 1/19/2022. (DMD)
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| Filing 28 RESPONSE TO ORDER TO SHOW CAUSE re 26 Order no pdf filed by Anahata Graceland. (Corpion, Kristen) |
| Filing 27 MOTION to Dismiss for Failure to State a Claim [Motion to Dismiss for Lack of Personal Jurisdiction, Improper Venue and Failure to State A Claim] by 7th Level Communications, LLC. (McDonough, James) |
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Filing 26
ENDORSED ORDER: Because this action was filed on October 6, 2021, the deadline to serve Defendant Verrengia was January 4, 2022. See Fed. R. Civ. P. 4(m)("If a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time."). That date has passed but no proof of service has been filed for Verrengia. Accordingly, Plaintiff is directed to show cause by January 17, 2022, why the claims against Verrengia should not be dismissed for failure to serve. Signed by Judge Virginia M. Hernandez Covington on 1/12/2022. (DMD)
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Filing 25
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by January 20, 2022, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. After the Case Management Report is filed, the Court will determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 12/30/2021. (DMD)
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| Filing 24 STATUS report on Effort to Perfect Service to Defendant Justin Verrengia by Anahata Graceland. (Corpion, Kristen) |
| Filing 23 ANSWER and affirmative defenses to #5 Amended Complaint by Stefan Dessalines, Plutus Enterprises LLC.(Cooke, Robert) |
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Filing 22
ENDORSED ORDER: Plaintiff is directed to file a status report on her efforts to perfect service of process on Defendant Justin Verrengia by December 16, 2021. Signed by Judge Virginia M. Hernandez Covington on 12/10/2021. (DMD)
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Filing 21
ENDORSED ORDER granting the unopposed motion for extension of time to respond. (Doc. #19). 7th Level Communications, LLC's response now due January 12, 2022. Signed by Judge Virginia M. Hernandez Covington on 12/10/2021. (DMD)
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Filing 20
ENDORSED ORDER granting the unopposed motion to set aside Clerk's default as to Defendant Plutus Enterprises LLC. (Doc. #17). The Clerk is directed to set aside the entry of default as to Plutus Enterprises. (Doc. #13). Plutus Enterprises and Stefan Dessalines's answers are due within 1 week. Signed by Judge Virginia M. Hernandez Covington on 12/10/2021. (DMD)
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| Filing 19 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by 7th Level Communications, LLC. (McDonough, James) |
| Filing 18 NOTICE of Appearance Appearance by Robert F. Cooke on behalf of Stefan Dessalines, Plutus Enterprises LLC (Cooke, Robert) |
| Filing 17 Unopposed MOTION to Vacate Default and to file Answer and affirmative defenses by Stefan Dessalines, Plutus Enterprises LLC. (Cooke, Robert) |
| Filing 16 RETURN of service executed on 11.22.2021 by Anahata Graceland as to Stefan Dessalines. (Corpion, Kristen) |
| Filing 15 RETURN of service executed on 11.20.2021 by Anahata Graceland as to 7th Level Communications, LLC. (Corpion, Kristen) Modified on 11/29/2021 (BES). |
| Filing 14 Clerk's ENTRY OF DEFAULT as to Floyd Scott Agee, Jr. (LNR) |
| Filing 13 Clerk's ENTRY OF DEFAULT as to Plutus Enterprises LLC. (LNR) |
| Filing 12 MOTION for Clerk's Default against Floyd Scott Agee, Jr., Plutus Enterprises LLC by Anahata Graceland. (Corpion, Kristen) Motions referred to Magistrate Judge Christopher P. Tuite. |
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Filing 11
ENDORSED ORDER: Defendants Floyd Scott Agee, Jr. and Plutus Enterprises LLC were served on October 22, 2021. (Doc. # #8, #9). Thus, these Defendants' answers were due November 12, 2021, at the latest. That date has passed but no answers have been filed. And Plaintiff has failed to promptly apply to the Clerk for entry of default as to these Defendants. Accordingly, the Court directs Plaintiff to promptly apply to the Clerk for entry of default. Signed by Judge Virginia M. Hernandez Covington on 11/18/2021. (DMD)
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| Filing 10 STATUS report on Effort to Perfect Service to Defendants by Anahata Graceland. (Corpion, Kristen) |
| Filing 9 RETURN of service executed on 10.22.2021 by Anahata Graceland as to Plutus Enterprises LLC. (Corpion, Kristen) |
| Filing 8 RETURN of service executed on 10.22.2021 by Anahata Graceland as to Floyd Scott Agee, Jr. (Corpion, Kristen) |
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Filing 7
ENDORSED ORDER: Plaintiff is directed to file a status report on her efforts to perfect service of process on Defendants by November 15, 2021. Signed by Judge Virginia M. Hernandez Covington on 11/8/2021. (DMD)
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| Filing 6 SUMMONS issued as to 7th Level Communications, LLC, Floyd Scott Agee, Jr, Stefan Dessalines, Plutus Enterprises LLC, and Justin Verrengia. (ABC) |
| Filing 5 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Anahata Graceland. (Attachments: #1 Civil Cover Sheet)(Corpion, Kristen) |
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Filing 4
ENDORSED ORDER: Plaintiff has filed her complaint in this Court on the basis of diversity jurisdiction. (Doc. #1). Yet, Plaintiff has not sufficiently alleged the parties' citizenships. As to Plaintiff and the individual Defendants, Plaintiff merely alleges the state in which each is a "resident." But "[f]or purposes of diversity jurisdiction, 'citizenship' means 'domicile.'" Audi Performance & Racing, LLC v. Kasberger, 273 F. Supp. 2d 1220, 1226 (M.D. Ala. 2003)(citation omitted). "In fact, it is a party's domicile rather than his residence which is determinative of citizenship for diversity jurisdiction." Id. (citations omitted). Regarding Defendant Plutus Enterprises, LLC, Plaintiff merely alleges it is an Alabama limited liability company with a principal place of business in Alabama. But "a limited liability company is a citizen of any state of which a member of the company is a citizen." Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Thus, "[t]o sufficiently allege the citizenships of" a limited liability company, "a party must list the citizenships of all the members of the limited liability company." Id. In order to establish this Court's jurisdiction, Plaintiff must file an amended complaint that properly establishes each party's citizenship by October 13, 2021. Signed by Judge Virginia M. Hernandez Covington on 10/7/2021. (DMD)
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| Filing 3 PROPOSED summons to be issued by Anahata Graceland. (Corpion, Kristen) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:21-cv-2356-VMC-CPT. (SJB) |
| Filing 1 COMPLAINT Anahata Graceland against 7th Level Communications, LLC, Floyd Scott Agee, Jr., Stefan Dessalines, Plutus Enterprises LLC, Justin Verrengia with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18787032) filed by Anahata Graceland. (Attachments: #1 Civil Cover Sheet)(Corpion, Kristen) Modified on 10/7/2021 (ABC). |
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