Macro Electronics Corp. et al v. Biotech Restorations of Florida LLC
| Macro Electronics Corp. and Steven P. Apelman |
| Biotech Restorations of Florida LLC |
| 8:2024cv01296 |
| May 28, 2024 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| William F Jung |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1963 Registration of judgment from another district |
| None |
Docket Report
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Filing 27
AMENDED COMPLAINT against Biotech Restorations of Florida LLC filed by All Plaintiffs. (Attachments: #1 Exhibit 1: 2024 Florida Limited Liability Company Annual Report for Defendant Biotech Restorations of Florida, LLC, dated March 28, 2024, #2 Exhibit 2: Electronic Articles of Organization for Florida Limited Liability Company for Defendant Biotech Restorations of Florida, LLC, Dated June 8, 2020, #3 Exhibit 3: Complaint Filed for Macro Electronic Corp. and Steven P. Apelman v. Biotech Restorations, L.L.C. and Christopher Young, Civil Action No. 2:16-cv-02037-ADS-SIL (E.D.N.Y., April 26, 2016) ("The Primary Action"), #4 Exhibit 4: Default Judgment Entered January 10, 2018 in Macro Electronic Corp. and Steven P. Apelman v. Biotech Restorations, L.L.C. and Christopher Young, Civil Action No. 2:16-cv-02037-ADS-SIL ("The Primary Action"), #5 Exhibit 5: Screenshot Taken March 21, 2024 Showing Christopher Young as Founder of Defendant Biotech Restorations of Florida, LLC, #6 Exhibit 6: Screenshot Taken May 8, 2024 Showing Christopher as Chief Technology Officer of Defendant Biotech Restorations of Florida, LLC, #7 Exhibit 7: Article Published in The Bradenton Herald, Entitled "New apartments may finally be built on old Palmetto fertilizer factor site. Here's how," Published November 29, 2023)(Schindler, Edwin)
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Filing 26
ENDORSED ORDER granting #16 Motion to Dismiss without prejudice for Failure to State a Claim. If Plaintiff seeks to replead with an amended complaint, same is due within fourteen days. The Court has reviewed the record here. The motion to dismiss is well taken as the complaint presently fails to state a claim under Fed. R. Civ. P. 12(b)(6). In situations like this, any complaint against a non-judgment debtor (meaning a party the creditor seeks to hold liable for another's debt) would likely arise under the Florida statutes providing for the fraudulent conveyance remedy. The Plaintiff should cite to the applicable Florida procedural statute in any amended complaint, including setting forth the elements thereunder. What was conveyed fraudulently must be alleged. Remedy is available, of course, not for the amount of the underlying judgment but for the amount that the Plaintiff can prove was fraudulently conveyed in defeat of creditors. If Plaintiff seeks to replead, Plaintiff would do well to review case law on these points such as those arising under Florida Stat. Chap. 726. Likewise, if Plaintiff seeks to assert any type of "alter ego" or "veil piercing" allegations, the elements of that theory under Florida substantive law should also be consulted. For now, the complaint is insufficiently vague as to the required elements and facts. See generally, Isaiah v. J.P. Morgan Chase Bank, 960 F.3d 1296 (11th Cir. 2020); SE Prop. Holdings, LLC v. Welch, 65 F.4th 1335 1347-49 (11th Cir. 2023). Signed by Judge William F. Jung on 7/9/2024. (Jung, William)
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Filing 25
ORDER granting #24 Motion to Appear Pro Hac Vice. Attorney Edwin D. Schindler may appear pro hac vice on behalf of Plaintiffs. Within twenty-one days from the date of this Order, counsel shall register with the Court's CM/ECF system. Signed by Magistrate Judge Sean P. Flynn on 7/9/2024. (CED)
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Filing 24
MOTION for Edwin D. Schindler to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22273466 for $150 by All Plaintiffs. (Schindler, Edwin) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 23
NOTICE TO COUNSEL Edwin D. Schindler Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; Pay the Special Admission Fee; (Signed by Deputy Clerk). (AJS)
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Filing 22
NOTICE of Lead Counsel Designation by Edwin D. Schindler on behalf of Steven P. Apelman. Lead Counsel: Edwin D. Schindler. (Schindler, Edwin)
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Filing 21
NOTICE of Lead Counsel Designation by Edwin D. Schindler on behalf of Macro Electronics Corp. Lead Counsel: Edwin D. Schindler. (Schindler, Edwin) Modified on 7/3/2024 to edit docket text (AJS).
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Filing 20
NOTICE TO COUNSEL Edwin D. Schindler of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS)
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Filing 19
CERTIFICATE of interested persons and corporate disclosure statement Amended by Biotech Restorations of Florida LLC. (Bagge, Stephen)
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Filing 18
MEMORANDUM in opposition re #16 Motion to Dismiss for Failure to State a Claim on Behalf of All Plaintiffs filed by Macro Electronics Corp., Steven P. Apelman (Schindler, Edwin) Modified on 7/3/2024 to edit docket text (AJS).
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Filing 17
CERTIFICATE of interested persons and corporate disclosure statement by Biotech Restorations of Florida LLC identifying Corporate Parent WRB Resources, Inc., Corporate Parent Biotech Restorations Holdings, LLC for Biotech Restorations of Florida LLC. (Carey, Michael)
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Filing 16
MOTION to Dismiss for Failure to State a Claim by Biotech Restorations of Florida LLC. (Carey, Michael)
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Filing 15
NOTICE of Appearance by Stephen J. Bagge on behalf of Biotech Restorations of Florida LLC (Bagge, Stephen)
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Filing 14
NOTICE of Lead Counsel Designation by Michael R. Carey on behalf of Biotech Restorations of Florida LLC. Lead Counsel: Michael R. Carey. (Carey, Michael)
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Filing 13
ENDORSED ORDER denying #10 Motion to Change Venue / Transfer Case. Signed by Judge William F. Jung on 6/10/2024. (Jung, William)
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Filing 12
RETURN of service executed on June 4, 2024 by Macro Electronics Corp. as to Biotech Restorations of Florida LLC. (Schindler, Edwin)
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Filing 11
MEMORANDUM in support re #10 Motion to Change Venue / Transfer Case - Plaintiff's Motion to Transfer "Related Action," Pursuant to Local Civil Rule 1.07(a)(2)(B) On Behalf of All Plaintiffs filed by Macro Electronics Corp.. (Schindler, Edwin) Modified text on 6/5/2024 (ABM).
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Filing 10
MOTION to Change Venue / Transfer Case Plaintiff's Motion to Transfer "Related Action," Pursuant to Local Civil Rule - 1.07(a)(2)(B) by All Plaintiffs. (Schindler, Edwin) Modified text on 6/5/2024 (ABM).
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Filing 9
CORPORATE Disclosure Statement by Steven P. Apelman. (Schindler, Edwin)
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Filing 8
CORPORATE Disclosure Statement by Macro Electronics Corp.. (Schindler, Edwin)
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Filing 7
NOTICE TO COUNSEL Edwin D. Schindler of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (SET)
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Filing 6
SUMMONS issued as to Biotech Restorations of Florida LLC. (MCB)
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Filing 5
NOTICE of a related action , Miscellaneous Action No. 8:22-mc-00018-CEH-AAS (M.D. Fla.), filed on Behalf of All Defendants per Local Rule 1.07(c) by Macro Electronics Corp. Related case(s): Yes (Schindler, Edwin) Modified docket text on 5/31/2024 (SET).
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Filing 4
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). (JCG)
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Filing 3
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 file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -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. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (JCG)
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REFUND for duplicate payment. Receipt number AFLMDC-22136786 refunded in the amount of $ $405.00 paid to Edwin D Schindler. (NLC)
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Filing 2
NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Sean P. Flynn. New case number: 8:24-cv-1296-WFJ-SPF. (RLK)
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Filing 1
COMPLAINT against Biotech Restorations of Florida LLC (Filing fee $405 receipt number AFLMDC-22136818) filed by All Plaintiffs. (Attachments: #1 Exhibit 1: 2024 Florida Limited Liability Company Annual Report for Defendant Biotech Restorations of Florida, LLC, dated March 28, 2024, #2 Exhibit 2: Electronic Articles of Organization for Florida Limited Liability Company for Defendant Biotech Restorations of Florida, LLC, Dated June 8, 2020, #3 Exhibit 3: Complaint Filed for Macro Electronic Corp. and Steven P. Apelman v. Biotech Restorations, L.L.C. and Christopher Young, Civil Action No. 2:16-cv-02037-ADS-SIL (E.D.N.Y., April 26, 2016) ("The Primary Action"), #4 Exhibit 4: Default Judgment Entered January 10, 2018 in Macro Electronic Corp. and Steven P. Apelman v. Biotech Restorations, L.L.C. and Christopher Young, Civil Action No. 2:16-cv-02037-ADS-SIL ("The Primary Action"), #5 Exhibit 5: Screenshot Taken March 21, 2024 Showing Christopher Young as Founder of Defendant Biotech Restorations of Florida, LLC, #6 Exhibit 6: Screenshot Taken May 8, 2024 Showing Christopher as Chief Technology Officer of Defendant Biotech Restorations of Florida, LLC, #7 Exhibit 7: Article Published in The Bradenton Herald, Entitled "New apartments may finally be built on old Palmetto fertilizer factor site. Here's how," Published November 29, 2023, #8 Civil Cover Sheet, #9 Proposed Summons)(Schindler, Edwin)
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