Hypower Inc. v. Fusion Mechanical LLC et al
Plaintiff: Hypower Inc.
Defendant: Fusion Mechanical LLC and Fusion Industries LLC
Case Number: 0:2021cv62049
Filed: September 29, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Rodney Smith
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2021 Filing 28 Joint SCHEDULING REPORT - Rule 16.1 by Hypower Inc. (Attachments: #1 Exhibit 1 - Proposed Scheduling Order)(Nelson, Jeffrey)
November 17, 2021 Filing 27 Certificate of Other Affiliates/Corporate Disclosure Statement by Fusion Industries LLC, Fusion Mechanical LLC identifying Corporate Parent Fusion Mechanical LLC for Fusion Industries LLC (Sorrell, Wayne)
November 16, 2021 Opinion or Order Filing 26 ORDER TO SHOW CAUSE. Show Cause Response due by 11/30/2021. Signed by Judge Rodney Smith on 11/17/2021. See attached document for full details. (cds)
November 16, 2021 Set/Reset Deadlines Joint Scheduling Report due by 11/30/2021. PER DE#26 (cds)
November 16, 2021 Filing 25 Election to Jurisdiction for Final Disposition of Motions . Filed by Hypower Inc. (Nelson, Jeffrey)
November 16, 2021 Filing 24 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Hypower Inc. identifying Other Affiliate Eric Paul-Hus Revocable Trust u/t/d January 4, 2010, Other Affiliate Bernard I. Paul-Hus Second Amended and Restated Revocable Trust u/t/d September 18, 2008 for Hypower Inc. (Nelson, Jeffrey)
November 16, 2021 Filing 23 Clerks Notice to Filer re #22 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. Bernard I. Paul-Hus, Eric Paul-Hus (cds)
November 16, 2021 Filing 22 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Hypower Inc. (Nelson, Jeffrey)
November 16, 2021 Filing 21 Joint SCHEDULING REPORT - Rule 16.1 by Hypower Inc. (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Nelson, Jeffrey)
November 8, 2021 Filing 20 RESPONSE in Opposition re #8 First MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Hypower Inc.. Replies due by 11/15/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Nelson, Jeffrey)
November 2, 2021 Opinion or Order Filing 19 PAPERLESS ORDER denying #18 Motion for Extension of Time. Signed by Judge Rodney Smith on 11/2/2021. (tcl)
November 2, 2021 Filing 18 MOTION for Extension of Time Exhibit A - Order Granting Joint Motion by Fusion Industries LLC, Fusion Mechanical LLC. Responses due by 11/16/2021 (Attachments: #1 Exhibit)(Sorrell, Wayne)
October 29, 2021 Opinion or Order Filing 17 PAPERLESS ORDER granting #15 Plaintiff's Motion for Extension of Time to File Response/Reply to Motion to Dismiss. Plaintiff shall file Response by 11/8/2021. Defendants shall file Reply by 11/15/2021. Signed by Judge Rodney Smith on 10/29/2021. (tcl)
October 29, 2021 Opinion or Order Filing 16 PAPERLESS ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Leif E. Swedlow. Signed by Judge Rodney Smith on 10/29/2021. (tcl)
October 29, 2021 Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 First MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Hypower Inc.. (Attachments: #1 Exhibit Exhibit A)(Koff, Chelsea)
October 26, 2021 Filing 14 CLERK'S NOTICE Filing Fee $ 200.00 Receipt # AFLSDC-15124319. Local counsel, W. Drew Sorrell, must sign/file documents under the name listed on the SDFL Roll of Attorneys, Wayne Andrew Sorrell II. See #www.flsd.uscourts.gov/name-changes. It is not necessary to refile this motion. re #13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Leif E. Swedlow. (pt)
October 26, 2021 Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Leif E. Swedlow. Filing Fee $ 200.00 Receipt # AFLSDC-15124319 by Fusion Industries LLC, Fusion Mechanical LLC. Responses due by 11/9/2021 (Sorrell, Wayne)
October 21, 2021 Filing 12 NOTICE of Attorney Appearance by Chelsea Emma Koff on behalf of Hypower Inc.. Attorney Chelsea Emma Koff added to party Hypower Inc.(pty:pla). (Koff, Chelsea)
October 21, 2021 Filing 11 NOTICE of Attorney Appearance by Craig Stephen Barnett on behalf of Hypower Inc.. Attorney Craig Stephen Barnett added to party Hypower Inc.(pty:pla). (Barnett, Craig)
October 19, 2021 Opinion or Order Filing 10 ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS. Joint Scheduling Report due by 11/16/2021. Signed by Judge Rodney Smith on 10/19/2021. See attached document for full details. (cds)
October 19, 2021 Filing 9 NOTICE by Fusion Industries LLC, Fusion Mechanical LLC to Strike Docket Entry 7 (Sorrell, Wayne)
October 18, 2021 Filing 8 First MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Fusion Industries LLC, Fusion Mechanical LLC. Responses due by 11/1/2021 (Attachments: #1 Exhibit VA Complaint, #2 Exhibit FL Complaint, #3 Exhibit LOI, #4 Exhibit Affidavit, #5 Exhibit Email, #6 Exhibit Return of Service, #7 Exhibit Docket Sheet, #8 Exhibit Bond, #9 Exhibit AO 2020, #10 Exhibit Declaration, #11 Exhibit Politifact)(Sorrell, Wayne)
October 18, 2021 Filing 7 (STRICKEN PER DE#9 ) First MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by Fusion Industries LLC, Fusion Mechanical LLC. Responses due by 11/1/2021 (Sorrell, Wayne) Modified Text on 10/19/2021 (cds).
October 12, 2021 Filing 6 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Jeffrey Victor Nelson re #5 Notice of Change of Address, Email or Law Firm Name. Attorney Jeffrey Victor Nelson has not completed the required procedures for updating their information with the Court. After filing a Notice in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt)
October 12, 2021 Filing 5 NOTICE of Change of Address, Email or Law Firm Name by Jeffrey Victor Nelson (Nelson, Jeffrey)
October 8, 2021 Opinion or Order Filing 4 PAPERLESS ORDER granting #3 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Fusion Industries LLC shall file its Response/Answer by 10/18/2021. Fusion Mechanical LLC shall file its Response/Answer by 10/18/2021. Signed by Judge Rodney Smith on 10/8/2021. (tcl)
October 5, 2021 Filing 3 MOTION for Extension of Time to File Response/Reply/Answer by Fusion Industries LLC, Fusion Mechanical LLC. (Sorrell, Wayne)
September 29, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. 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. (cds)
September 29, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-15053732, filed by Fusion Mechanical LLC. (Attachments: #1 Exhibit 1 - CONSENT TO REMOVAL, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 part 1, #5 Exhibit 4 part 2, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Civil Cover Sheet 10 civil coversheet)(Sorrell, Wayne)

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Plaintiff: Hypower Inc.
Represented By: Chelsea Emma Koff
Represented By: Craig Stephen Barnett
Represented By: Donell Andre Hicks
Represented By: Jeffrey Victor Nelson
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Defendant: Fusion Mechanical LLC
Represented By: Wayne Andrew Sorrell, II
Represented By: Leif E. Swedlow
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Defendant: Fusion Industries LLC
Represented By: Leif E. Swedlow
Represented By: Wayne Andrew Sorrell, II
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