ECapital Commercial Financing Corp. v. Hitachi Capital America Corp. et al
| ECAPITAL COMMERCIAL FINANCING CORP. |
| Hitachi Capital America Corp. and JAMES M. GIAIMO |
| 0:2021cv60152 |
| January 22, 2021 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on May 2, 2022. A more recent docket listing may be available from PACER.
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Filing 36
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by ECapital Commercial Financing Corp. (Cathey, Christopher)
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Filing 35
Corporate Disclosure Statement by Hitachi Capital America Corp. identifying Corporate Parent Hitachi Capital Corporation (Japan) for Hitachi Capital America Corp. (Levitt, Peter)
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Filing 34
Proposed SCHEDULING REPORT - Rule 26(f) by ECapital Commercial Financing Corp. (Attachments: #1 Proposed Scheduling Order Setting Civil Trial Date and Pretrial Schedule)(Cathey, Christopher)
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Filing 33
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #32 Answer to Complaint,, Counterclaim, #31 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by ECapital Commercial Financing Corp.. (Attachments: #1 Text of Proposed Order)(Cathey, Christopher)
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Filing 32
ANSWER and Affirmative Defenses to Complaint , COUNTERCLAIM against ECapital Commercial Financing Corp. by Hitachi Capital America Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Levitt, Peter)
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Filing 31
MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by James M. Giaimo. Responses due by 3/22/2021 (Attachments: #1 Declaration of James M. Giaimo in Support of Motion to Dismiss, #2 Ex. 1 to Giaimo Declaration, #3 Ex. 2 to Giaimo Declaration, #4 Ex. 3 to Giaimo Declaration, #5 Ex. 4 to Giaimo Declaration, #6 Ex. 5 to Giaimo Declaration)(Levitt, Peter)
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Filing 30
Order Requiring Joint Scheduling Report. Joint Scheduling Report due by 3/22/2021. Signed by Judge Rodolfo A. Ruiz, II on 3/1/2021. See attached document for full details. (kbm)
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Filing 29
PAPERLESS ORDER denying as moot #10 Plaintiff's Motion for Preliminary Injunction and cancelling Preliminary Injunction Hearing set for Thursday, March 4, 2021 in light of #28 the parties' Stipulation stating that Plaintiff's Motion for Preliminary Injunction has been voluntarily withdrawn. Signed by Judge Rodolfo A. Ruiz, II on 3/1/2021. (kbm)
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Filing 28
STIPULATION re #23 Order,,, Set/Reset Motion/R&R Deadlines and Hearings,,, Set/Reset Deadlines/Hearings,, by ECapital Commercial Financing Corp. (Cathey, Christopher)
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Filing 27
PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 3/1/2021. Attorney Appearance(s): Brian M. Johnson, Peter Harlan Levitt, Richard M. Beck, Craig E. Rushmore, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
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Filing 26
PAPERLESS ORDER granting #25 Defendants' Unopposed Motion for Enlargement of Time to Respond to Complaint. Defendants shall respond to Plaintiff's Complaint on or before March 15, 2021. Signed by Judge Rodolfo A. Ruiz, II on 2/25/2021. (kbm)
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Set Answer Due Deadline per DE 26 Order: James M. Giaimo response due 3/15/2021; Hitachi Capital America Corp. response due 3/15/2021. (kpe)
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Filing 25
UNOPPOSED MOTION for Extension of Time to Respond to Complaint re #1 Complaint, by James M. Giaimo, Hitachi Capital America Corp.. Responses due by 3/10/2021 (Attachments: #1 Text of Proposed Order)(Levitt, Peter) Modified text on 2/25/2021 to reflect document is being filed unopposed (bb).
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Filing 24
NOTICE by ECapital Commercial Financing Corp. Plaintiff's Notice of Filing (Attachments: #1 Credit Agreement, #2 Borrower Security Agreement) (Cathey, Christopher)
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Filing 23
ORDER Granting Ore Tenus Motion to Continue the Preliminary Injunction Hearing re #10 Ex Parte MOTION for Preliminary Injunction. (Combined Responses to #10 Ex Parte MOTION for Preliminary Injunction due by 3/1/2021). (Telephonic Status Conference set for 3/1/2021 10:00 AM before Judge Rodolfo A. Ruiz II, Exhibit and Witness List due by 3/2/2021, Proposed Findings of Fact and Conclusions of Law due by 3/2/2021, Evidentiary Hearing Preliminary Injunction set for 3/4/2021 09:30 AM before Judge Rodolfo A. Ruiz II.) Signed by Judge Rodolfo A. Ruiz, II on 2/12/2021. See attached document for full details. (gp)
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Filing 22
PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 2/12/2021. Order to follow. Attorney Appearance(s): Brian M. Johnson, Christopher Donald Cathey, Peter Harlan Levitt, Richard M. Beck, Craig E. Rushmore, Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (gp)
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PAPERLESS ORDER *** TIME CHANGE ONLY *** resetting telephonic status conference for Friday, February 12, 2021 at 11:00 A.M. The parties are instructed to call 1-877-402-9753 by no later than 10:55 A.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) if possible for clarity. Signed by Judge Rodolfo A. Ruiz, II on 2/10/2021. (kbm)
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Filing 21
PAPERLESS ORDER granting #18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Craig E. Rushmore, Esq. Attorney Craig Rushmore may appear and participate in this action on behalf of Defendants. The Clerk shall provide electronic notification of all electronic filings to Mr. Rushmore at crushmore@klehr.com. Signed by Judge Rodolfo A. Ruiz, II on 2/8/2021. (kbm)
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Filing 20
PAPERLESS ORDER granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Richard M. Beck, Esq. Attorney Richard Beck may appear and participate in this action on behalf of Defendants. The Clerk shall provide electronic notification of all electronic filings to Mr. Beck at rbeck@klehr.com. Signed by Judge Rodolfo A. Ruiz, II on 2/8/2021. (kbm)
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Filing 19
PAPERLESS ORDER SETTING TELEPHONIC STATUS CONFERENCE for Friday, February 12, 2021 at 10:00 A.M. The parties are instructed to call 1-877-402-9753 by no later than 9:55 A.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) for clarity. Signed by Judge Rodolfo A. Ruiz, II on 2/5/2021. (kbm)
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Filing 18
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Craig Rushmore. Filing Fee $ 200.00 Receipt # AFLSDC-14345546 by James M. Giaimo, Hitachi Capital America Corp.. Responses due by 2/19/2021 (Attachments: #1 Exhibit proposed order)(Levitt, Peter)
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Filing 17
PAPERLESS ORDER denying as moot #3 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction in light of #15 the Court's Order Granting in Part #10 Plaintiff's Ex Parte Expedited Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Rodolfo A. Ruiz, II on 2/5/2021. (kbm)
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Filing 16
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Richard Beck. Filing Fee $ 200.00 Receipt # BFLSDC-14345505 by James M. Giaimo, Hitachi Capital America Corp.. Attorney Peter Harlan Levitt added to party James M. Giaimo(pty:dft). Responses due by 2/19/2021 (Attachments: #1 Exhibit proposed order)(Levitt, Peter)
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Filing 15
ORDER granting in part #10 Ex Parte Expedited Motion for Temporary Restraining Order. Combined Response to Plaintiff's preliminary injunction due by 2/17/2021. Evidentiary Hearing on Plaintiff's preliminary injunction request is hereby set for 2/19/2021 10:00 AM via Zoom videoconference before Judge Rodolfo A. Ruiz II. Re: #3 Plaintiff's MOTION for Temporary Restraining Order and Preliminary Injunction with Supporting Memorandum of Law. The Clerk is directed to UNSEAL Plaintiff's Motion [ECF No. 10]. Signed by Judge Rodolfo A. Ruiz, II on 2/5/2021. See attached document for full details. (gp)
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Filing 14
PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice for Brian M. Johnson, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Brian M. Johnson may appear and participate in this action on behalf of Plaintiff eCapital Commercial Financing Corp. The Clerk shall provide electronic notification of all electronic filings to Brian M. Johnson at bjohnson@dickinsonwright.com. Signed by Judge Rodolfo A. Ruiz, II on 2/5/2021. (kbm)
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Filing 13
NOTICE of Attorney Appearance by Peter Harlan Levitt on behalf of Hitachi Capital America Corp.. Attorney Peter Harlan Levitt added to party Hitachi Capital America Corp.(pty:dft). (Levitt, Peter)
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Filing 12
Corporate Disclosure Statement by ECAPITAL COMMERCIAL FINANCING CORP. identifying Corporate Parent ECAPITAL CORP., Corporate Parent TFS Canada Bond Series Inc. for ECAPITAL COMMERCIAL FINANCING CORP. (Cathey, Christopher)
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Filing 11
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brian M. Johnson. Filing Fee $ 200.00 Receipt # AFLSDC-14333400 by ECAPITAL COMMERCIAL FINANCING CORP.. Responses due by 2/17/2021 (Cathey, Christopher)
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Filing 10
EX PARTE MOTION for Temporary Restraining Order and Preliminary Injunction with Supporting Memorandum of Law by ECAPITAL COMMERCIAL FINANCING CORP.. (Attachments: #1 Exhibit Letter Agreement, #2 Exhibit 12/6/19 Hitachi Letter, #3 Exhibit 1/15/21 Letter from Hitachi to Customer, #4 Exhibit 2/1/21 Letter from Customer to Plaintiff, #5 Affidavit Declaration of Brian Johnson) (Cathey, Christopher) -Modified/Unsealed per ECF No. #15 Order on 2/10/2021 (gp).
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Filing 9
Summons Issued as to JAMES M. GIAIMO. (nc)
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Filing 8
NOTICE of Filing Proposed Summons(es) by ECAPITAL COMMERCIAL FINANCING CORP. (Attachments: #1 Summon(s) Summons to James Giaimo) (Cathey, Christopher)
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Filing 7
Summons Issued as to Hitachi Capital America Corp.. (nc)
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Filing 6
NOTICE of Filing Proposed Summons(es) by ECAPITAL COMMERCIAL FINANCING CORP. (Attachments: #1 Summon(s)) (Cathey, Christopher)
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Filing 5
ORDER ON PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. Signed by Judge Rodolfo A. Ruiz, II on 1/26/2021. See attached document for full details. (kbm)
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Filing 4
Bar Letter re: Admissions sent to attorney Brian M. Johnson, mailing date 01/22/2021, (cco)
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Filing 3
Plaintiff's MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION WITH SUPPORTING MEMORANDUM OF LAW by ECAPITAL COMMERCIAL FINANCING CORP.. Responses due by 2/5/2021 (Cathey, Christopher)
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Filing 2
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe)
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14263381, filed by ECAPITAL COMMERCIAL FINANCING CORP.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Cathey, Christopher)
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