CCUR Aviation Finance, LLC et al v. Machado et al
Plaintiff: CCUR Aviation Finance, LLC and CCUR Holdings, Inc.
Defendant: South Aviation, Inc. and Federico A. Machado
Intervenor Plaintiff: WBIP Aviation One, LLC, WBIP Aviation Two, LLC and Metrocity Holdings, LLC
Case Number: 0:2021cv60462
Filed: March 1, 2021
Court: U.S. District Court for the Southern District of Florida
Office: Ft Lauderdale Office
Presiding Judge: Beth Bloom
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2021 Opinion or Order Filing 48 NOTICE by Barbara Martinez re #43 Order on Expedited Motion, of South Aviation's Noncompliance With The Court's Order to Provide Temporary Receiver With Accounting. Attorney Daniel I. Small added to party Barbara Martinez(pty:rc). (Small, Daniel)
April 23, 2021 Opinion or Order Filing 47 Plaintiff's MOTION for Default Judgment Against Defendants South Aviation, Inc. and Federico A. Machado by CCUR Aviation Finance, LLC, CCUR Holdings, Inc.. (Attachments: #1 Exhibit Declaration of Igor Volshteyn, #2 Exhibit Declaration of Jonathan B. Morton, #3 Text of Proposed Order Proposed Default Judgment)(Morton, Jonathan)
April 16, 2021 Opinion or Order Filing 46 Intervenor COMPLAINT , filed by Metrocity Holdings, LLC.(Arrastia, John)
April 16, 2021 Opinion or Order Filing 45 CLERK'S NOTICE re 44 Notice of Change of Address, Email or Law Firm Name, Testing Noticing to Reciever (sk)
April 16, 2021 Opinion or Order Filing 44 CLERK'S NOTICE re Change of Address, Email or Law Firm Name. Contacted Barbara Martinez, Esq., regarding the update of attorney contact information available in CM/ECF. See #43 Order on Appointment as Temporary Receiver for South Aviation. (sk)
April 16, 2021 Opinion or Order Filing 43 ORDER ON PLAINTIFFS' VERIFIED AMENDED EXPEDITED MOTION FOR APPOINTMENT OF TEMPORARY RECEIVER re #13 , is GRANTED in part and DENIED in part. Signed by Judge Beth Bloom on 4/15/2021. See attached document for full details. (ebz)
April 12, 2021 Opinion or Order Filing 42 ORDERED AND ADJUDGED that Intervenors Motion, DE#24 , is GRANTED. Intervenor must separately refile their Proposed Complaint, ECF No. [24-1], by no later than April 19, 2021. In addition, Intervenors Motion for Oral Argument, DE#35 , is DENIED AS MOOT.tion to Intervene. Signed by Judge Beth Bloom on 4/12/2021. See attached document for full details. (ebz)
April 6, 2021 Opinion or Order Filing 41 Intervenor COMPLAINT , filed by WBIP Aviation Two, LLC, WBIP Aviation One, LLC.(Levitt, Peter)
April 5, 2021 Opinion or Order Filing 40 CERTIFICATE OF SERVICE by Metrocity Holdings, LLC (Arrastia, John)
April 5, 2021 Opinion or Order Filing 39 NOTICE by Metrocity Holdings, LLC of Filing Return of NON-Service on Federico Machado (Arrastia, John) Modified text/status per Chambers on 4/5/2021 (sk).
April 5, 2021 Opinion or Order Filing 38 ORDERED AND ADJUDGED that Intervenors' Motion, DE#19 , is GRANTED. Intervenors must separately refile their Proposed Complaint, ECF No. [19-1], by no later than April 9, 2021. Signed by Judge Beth Bloom on 4/5/2021. See attached document for full details. (ebz)
March 31, 2021 Opinion or Order Filing 37 NOTICE by Metrocity Holdings, LLC of Filing Return of Service on South Aviation Inc. (Attachments: #1 Exhibit Return of Service) (Arrastia, John)
March 31, 2021 Opinion or Order Filing 36 Clerks Entry of Default as to FEDERICO A. MACHADO - Motions Terminated: #34 Motion for Clerks Entry of Default,, Signed by DEPUTY CLERK on 3/31/2021. (ebz)
March 31, 2021 Opinion or Order Filing 35 MOTION for Oral Argument re #24 MOTION to Intervene by Metrocity Holdings, LLC. (Arrastia, John)
March 31, 2021 Opinion or Order Filing 34 Plaintiff's MOTION for Clerks Entry of Default as to Federico A. Machado by CCUR Aviation Finance, LLC, CCUR Holdings, Inc.. (Attachments: #1 Exhibit Declaration of Jonathan B. Morton in Support of Plaintiff's Motion for Clerk's Entry of Default - Machado, #2 Exhibit Property Search - Palm Beach County Florida Appraiser's Webpage, #3 Exhibit Quitclaim Deed, #4 Exhibit Declaration of Jonathan B. Morton Re: Non-Military Status of Machado, #5 Exhibit Proposed Clerk's Default)(Morton, Jonathan)
March 30, 2021 Opinion or Order Filing 33 NOTICE by WBIP Aviation One, LLC, WBIP Aviation Two, LLC of Filing Returns of Service (Attachments: #1 Exhibit A, #2 Exhibit B) (Levitt, Peter)
March 30, 2021 Opinion or Order Filing 32 NOTICE by Metrocity Holdings, LLC re #13 Amended EXPEDITED MOTION For Appointment of Temporary Receiver re #1 Complaint, of Joinder in and Statement in Support of (Arrastia, John)
March 29, 2021 Opinion or Order Filing 31 Clerks Entry of Default as to SOUTH AVIATION, INC. - Motions Terminated: #26 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 3/29/2021. (ebz)
March 29, 2021 Opinion or Order Filing 30 NOTICE of Attorney Appearance by John Arrastia, Jr on behalf of Metrocity Holdings, LLC (Arrastia, John)
March 29, 2021 Opinion or Order Filing 29 NOTICE of Attorney Appearance by Paul Joseph Battista on behalf of Metrocity Holdings, LLC. Attorney Paul Joseph Battista added to party Metrocity Holdings, LLC(pty:intvp). (Battista, Paul)
March 29, 2021 Opinion or Order Filing 28 NOTICE by CCUR Aviation Finance, LLC, CCUR Holdings, Inc. re #13 Amended EXPEDITED MOTION For Appointment of Temporary Receiver re #1 Complaint, (Attachments: #1 Text of Proposed Order Updated Temporary Receivership Order, #2 Text of Proposed Order Redlined Version of Proposed Order) (Morton, Jonathan)
March 29, 2021 Opinion or Order Filing 27 NOTICE of Lack of Response by CCUR Aviation Finance, LLC, CCUR Holdings, Inc. re #13 Amended EXPEDITED MOTION For Appointment of Temporary Receiver re #1 Complaint, (Morton, Jonathan) Modified text on 4/7/2021 (jua).
March 29, 2021 Opinion or Order Filing 26 Plaintiff's MOTION for Clerks Entry of Default as to South Aviation, Inc. by CCUR Aviation Finance, LLC, CCUR Holdings, Inc.. (Attachments: #1 Exhibit Certification of Jonathan B. Morton, #2 Exhibit Florida Secretary of State Webpage Re: South Aviation, Inc., #3 Exhibit Proposed Clerk's Default)(Morton, Jonathan)
March 26, 2021 Opinion or Order Filing 25 Corporate Disclosure Statement by Metrocity Holdings, LLC (Arrastia, John)
March 26, 2021 Opinion or Order Filing 24 MOTION to Intervene by Metrocity Holdings, LLC. Attorney John Arrastia, Jr added to party Metrocity Holdings, LLC(pty:intvp). (Attachments: #1 Exhibit Proposed Complaint)(Arrastia, John)
March 16, 2021 Opinion or Order Filing 23 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by WBIP Aviation One, LLC, WBIP Aviation Two, LLC (Levitt, Peter)
March 15, 2021 Opinion or Order Filing 22 PAPERLESS ORDER granting #20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Gabriel Hertzberg. Signed by Judge Beth Bloom (ks01)
March 12, 2021 Opinion or Order Filing 21 NOTICE by WBIP Aviation One, LLC, WBIP Aviation Two, LLC re #13 Amended EXPEDITED MOTION For Appointment of Temporary Receiver re #1 Complaint, OF JOINDER IN MOTION (Levitt, Peter)
March 12, 2021 Opinion or Order Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gabriel Hertzberg. Filing Fee $ 200.00 Receipt # AFLSDC-14519290 by WBIP Aviation One, LLC, WBIP Aviation Two, LLC. Responses due by 3/26/2021 (Attachments: #1 Text of Proposed Order)(Levitt, Peter)
March 12, 2021 Opinion or Order Filing 19 MOTION to Intervene by WBIP Aviation One, LLC, WBIP Aviation Two, LLC. Attorney Peter Harlan Levitt added to party WBIP Aviation One, LLC(pty:intvp), Attorney Peter Harlan Levitt added to party WBIP Aviation Two, LLC(pty:intvp). (Attachments: #1 Exhibit proposed Intervenor Complaint)(Levitt, Peter)
March 11, 2021 Opinion or Order Filing 18 Clerks Notice to Filer re #14 Notice (Other) AND #15 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The documents were re-docketed by the Clerk, see 16 Summons Returned Executed AND 17 Summons Returned Executed. It is not necessary to refile these documents. (ail)
March 10, 2021 Opinion or Order Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by CCUR Aviation Finance, LLC, CCUR Holdings, Inc.. Federico A. Machado served on 3/9/2021, answer due 3/30/2021. SEE DE[15-1] IMAGE (ail)
March 10, 2021 Opinion or Order Filing 15 NOTICE by CCUR Aviation Finance, LLC, CCUR Holdings, Inc. Of Filing Affidavit of Service (Attachments: #1 Affidavit) (Morton, Jonathan)
March 5, 2021 Opinion or Order Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by CCUR Aviation Finance, LLC, CCUR Holdings, Inc.. South Aviation, Inc. served on 3/5/2021, answer due 3/26/2021.SEE DE[14-1]NOTICE (ail)
March 5, 2021 Opinion or Order Filing 14 NOTICE by CCUR Aviation Finance, LLC, CCUR Holdings, Inc. of Filing Affidavit of Service (Attachments: #1 Affidavit) (Morton, Jonathan)
March 4, 2021 Opinion or Order Filing 13 Amended EXPEDITED MOTION For Appointment of Temporary Receiver re #1 Complaint, by CCUR Aviation Finance, LLC, CCUR Holdings, Inc.. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Morton, Jonathan)
March 3, 2021 Opinion or Order Filing 12 Order Requiring Scheduling Report And Certificates Of Interested Parties. Signed by Judge Beth Bloom on 3/2/2021. See attached document for full details. (kpe)
March 2, 2021 Opinion or Order Filing 11 ORDER denying #4 Emergency Motion with Certification of Emergency. Signed by Judge Beth Bloom. See attached document for full details. (ak03)
March 2, 2021 Opinion or Order Filing 10 Plaintiff's Corporate Disclosure Statement by CCUR Holdings, Inc. (Morton, Jonathan)
March 2, 2021 Opinion or Order Filing 9 Plaintiff's Corporate Disclosure Statement by CCUR Aviation Finance, LLC (Morton, Jonathan)
March 1, 2021 Opinion or Order Filing 8 PAPERLESS ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney David Weitman; granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher A. Brown. Signed by Judge Beth Bloom (ks01)
March 1, 2021 Opinion or Order Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher A. Brown. Filing Fee $ 200.00 Receipt # BFLSDC-14468504 by CCUR Aviation Finance, LLC, CCUR Holdings, Inc.. Responses due by 3/15/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Morton, Jonathan)
March 1, 2021 Opinion or Order Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David Weitman. Filing Fee $ 200.00 Receipt # AFLSDC-14468347 by CCUR Aviation Finance, LLC, CCUR Holdings, Inc.. Responses due by 3/15/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Morton, Jonathan)
March 1, 2021 Opinion or Order Filing 5 NOTICE OF FILING ORDER GRANTING PLAINTIFFS VERIFIED EMERGENCY MOTION FOR IMMEDIATE APPOINTMENT OF RECEIVER PURSUANT TO RULE 7.1(a)(2) by CCUR Aviation Finance, LLC, CCUR Holdings, Inc. re #4 EMERGENCY MOTION with Certification of Emergency included (Attachments: #1 Text of Proposed Order) (Morton, Jonathan) Text Modified on 3/2/2021 (ail).
March 1, 2021 Opinion or Order Filing 4 EMERGENCY MOTION with Certification of Emergency included by CCUR Aviation Finance, LLC, CCUR Holdings, Inc.. Responses due by 3/15/2021 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Morton, Jonathan)
March 1, 2021 Opinion or Order Filing 3 Summons Issued as to Federico A. Machado, South Aviation, Inc. (Attachments: #1 Summon(s))(jc)
March 1, 2021 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (jc)
March 1, 2021 Opinion or Order Filing 1 COMPLAINT against FEDERICO A. MACHADO, South Aviation, Inc.. Filing fees $ 402.00 receipt number BFLSDC-14465922, filed by CCUR AVIATION FINANCE LLC, CCUR HOLDINGS, INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Summon(s), #16 Summon(s))(Morton, Jonathan)

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Plaintiff: CCUR Aviation Finance, LLC
Represented By: Jonathan Bart Morton
Represented By: David Weitman
Represented By: Stephen Allan McGuinness
Represented By: Christopher A. Brown
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Plaintiff: CCUR Holdings, Inc.
Represented By: Jonathan Bart Morton
Represented By: David Weitman
Represented By: Stephen Allan McGuinness
Represented By: Christopher A. Brown
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Defendant: South Aviation, Inc.
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Defendant: Federico A. Machado
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Intervenor plaintiff: WBIP Aviation One, LLC
Represented By: Gabriel Hertzberg
Represented By: Peter Harlan Levitt
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Intervenor plaintiff: WBIP Aviation Two, LLC
Represented By: Gabriel Hertzberg
Represented By: Peter Harlan Levitt
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Intervenor plaintiff: Metrocity Holdings, LLC
Represented By: Paul Joseph Battista
Represented By: John Arrastia, Jr.
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