Tucker v. Blackfisk Marine, LLC et al
| Vincent Tucker |
| Blackfisk Marine, LLC and Jean Traynor |
| 0:2022cv61953 |
| October 20, 2022 |
| US District Court for the Southern District of Florida |
| Panayotta D Augustin-Birch |
| William P Dimitrouleas |
| Negotiable Instrument |
| 28 U.S.C. § 1345 Replevin & Conversion |
| Plaintiff |
Docket Report
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| Filing 39 PAPERLESS ORDER SETTING STATUS CONFERENCE: A Status Conference is set in this matter on Wednesday, December 21, 2022, at 10:00 a.m. in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference, to discuss the Issue of Representation referred to the Magistrate Judge on December 13, 2022. See #37 . To log in through ZoomGov Meeting, use Meeting ID: 160 9651 8849 and Passcode: 752819. All counsel shall appear by both audio and video. Counsel should come prepared to discuss their availability and the availability of any witnesses counsel intends to call, should the Court schedule an evidentiary hearing on the issue of representation. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 12/14/2022. (mw01) |
| Set Hearings: Status Conference set for 12/21/2022 10:00 AM via Zoom Video Teleconference in Fort Lauderdale Division before US Magistrate Judge Panayotta D Augustin-Birch. (ls)(per DE #39) |
| Filing 38 NOTICE by Vincent Tucker re #36 Response in Opposition to Motion, of Filing Exhibit A (Shilling, Cody) |
Filing 37
ORDER REFERRING MOTION TO STAY AND ISSUE OF REPRESENTATION TO MAGISTRATE JUDGE: ORDER REFERRING #30 Defendant's MOTION to Stay Pending Outcome of Blackfisk Marine, L.L.C. Which is Pending in State Court filed by Blackfisk Marine, LLC, Jean Traynor. Motions referred to Judge Panayotta D Augustin-Birch. Signed by Judge William P. Dimitrouleas on 12/13/2022. See attached document for full details. (nan)
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| Filing 36 RESPONSE in Opposition re #30 Defendant's MOTION to Stay Pending Outcome of Blackfisk Marine, L.L.C. Which is Pending in State Court filed by Vincent Tucker. Replies due by 12/20/2022. (Attachments: #1 Exhibit Exhibit A (State Court Complaint))(Shilling, Cody) |
| Filing 35 Defendant's MOTION to Dismiss #1 Complaint, by Blackfisk Marine, LLC. Responses due by 12/27/2022 (Olive, Benjamin) |
| Filing 34 Defendant's REPLY to Response to Motion re #21 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss #1 Complaint, for Failure to Join Indispensable Party filed by Blackfisk Marine, LLC, Jean Traynor. (Attachments: #1 Third DCA Order Striking Brief Because It Contained Personal Attacks)(Kleppin, Chris) |
| Filing 33 REPLY to Response to Motion re #12 MOTION for Order to Show Cause for Replevin filed by Vincent Tucker. (Shilling, Cody) |
| Filing 32 SUPPLEMENT to 29 Order to Show Cause,,, by Blackfisk Marine, LLC, Jean Traynor (Kleppin, Chris) |
| Filing 31 RESPONSE TO ORDER TO SHOW CAUSE re #23 Order, Set/Reset Motion/R&R Deadlines and Hearings by Jean Traynor, Blackfisk Marine, LLC. (Kleppin, Chris) |
| Filing 30 Defendant's MOTION to Stay Pending Outcome of Blackfisk Marine, L.L.C. Which is Pending in State Court by Blackfisk Marine, LLC, Jean Traynor. Responses due by 12/21/2022 (Attachments: #1 State Court Lawsuit, #2 Notice of Lis Pendens in State Court)(Kleppin, Chris) |
| Reset Deadlines as to #12 MOTION for Order to Show Cause for Replevin. Responses due by 12/7/2022 (ls)(per DE #29) |
| Reset Deadlines as to #12 MOTION for Order to Show Cause for Replevin. Replies due by 12/9/2022. (ls)(per DE #29) |
| Filing 29 PAPERLESS ORDER TO SHOW CAUSE. The Court entered its Order Requiring Parties' Conferral and Setting Briefing Schedule #23 ordering all Defendants to respond to Plaintiff's Motion for Issuance of Replevin Order to Show Cause #12 by December 5, 2022. All Defendants have not filed a response to date. By no later than December 7, 2022 at 3:00 p.m., all non-responding Defendants shall show cause, in writing, why they have failed to comply with the Court's Order. By December 7, 2022 at 3:00 p.m., all non-responding Defendants shall file a response to Plaintiff's Motion for Issuance of Replevin Order to Show Cause #12 . Plaintiff's reply to any responses is now due by Friday, December 9, 2022. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 12/6/2022. (mw01) |
| Filing 28 Defendant's RESPONSE to #12 MOTION for Order to Show Cause for Replevin by Blackfisk Marine, LLC. (Olive, Benjamin) |
| Filing 27 RESPONSE in Opposition re #21 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss #1 Complaint, for Failure to Join Indispensable Party filed by Vincent Tucker. Replies due by 12/9/2022. (Shilling, Cody) |
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Filing 26
ORDER on #25 Response to Order to Show Cause, construed as a Motion for Extension of Time to Respond to Amended Motion to Dismiss. Reset Deadlines as to #21 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM, Defendant's MOTION to Dismiss #1 Complaint, for Failure to Join Indispensable Party. (Responses due by 12/2/2022). Signed by Judge William P. Dimitrouleas on 12/1/2022. See attached document for full details. (ls)
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| Filing 25 RESPONSE TO ORDER TO SHOW CAUSE re #24 Order to Show Cause, by Vincent Tucker. (Shilling, Cody) |
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Filing 24
ORDER TO SHOW CAUSE as to why the #21 Amended MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Amended MOTION to Dismiss #1 Complaint, for Failure to Join Indispensable Party should not be granted. Show Cause Response due by 12/8/2022. Signed by Judge William P. Dimitrouleas on 12/1/2022. See attached document for full details. (ls)
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Filing 23
ORDER REQUIRING PARTIES CONFERRAL AND SETTING BRIEFING SCHEDULE. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 11/17/2022. See attached document for full details. (mw01)
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| Filing 22 PAPERLESS Minute Entry for proceedings held before US Magistrate Judge Panayotta D Augustin-Birch: The hearing was held via Zoom Video Teleconference. Status Conference held on 11/16/2022. Total time in court: 16 minutes. Attorney Appearance(s): Benjamin Eric Olive, Chris Kleppin, Cody Jordan Shilling. (mw01) |
| Filing 21 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , Defendant's MOTION to Dismiss #1 Complaint, for Failure to Join Indispensable Party ( Responses due by 11/30/2022) by Blackfisk Marine, LLC, Jean Traynor. (Attachments: #1 Complaint in Traynor v. LoRusso, Case No. 22-016106 (18), #2 Email from Process Server that LoRusso Claimed to Have Run Off to Alaska Never to Return)(Kleppin, Chris) |
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Filing 20
ORDER DENYING MOTION WITHOUT PREJUDICE: Denying #18 Motion to Dismiss for Failure to State a Claim; Denying #18 Motion to Dismiss. Signed by Judge William P. Dimitrouleas on 11/16/2022. See attached document for full details. (nan)
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Filing 19
ORDER Granting #17 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Blackfisk Marine, LLC. Response/Answer due 12/12/2022. Signed by Judge William P. Dimitrouleas on 11/15/2022. See attached document for full details. (nan)
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| Filing 18 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , Defendant's MOTION to Dismiss #1 Complaint, for Failure to Join Indispensable Party ( Responses due by 11/29/2022) by Blackfisk Marine, LLC, Jean Traynor. Attorney Chris Kleppin added to party Blackfisk Marine, LLC(pty:dft), Attorney Chris Kleppin added to party Jean Traynor(pty:dft). (Attachments: #1 Complaint in Traynor v. LoRusso, Case No. 22-016106 (18), #2 Email from Process Server that LoRusso Claimed to Have Run Off to Alaska Never to Return)(Kleppin, Chris) |
| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Blackfisk Marine, LLC. (Attachments: #1 Text of Proposed Order on Unopposed Motion for Extension of Time)(Olive, Benjamin) |
| Filing 16 PAPERLESS ORDER SETTING STATUS CONFERENCE: A Status Conference is set in this matter on November 16, 2022, at 2:00 p.m. in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. To log in through ZoomGov Meeting, use Meeting ID: 160 9651 8849 and Passcode: 752819. All counsel shall appear by both audio and video. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 11/14/2022. (mw01) |
| Filing 15 NOTICE of Attorney Appearance by Benjamin Eric Olive on behalf of Blackfisk Marine, LLC. Attorney Benjamin Eric Olive added to party Blackfisk Marine, LLC(pty:dft). (Olive, Benjamin) |
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Filing 14
ORDER REFERRING #12 MOTION for Order to Show Cause for Replevin filed by Vincent Tucker. Motions referred to Judge Panayotta Augustin-Birch. Signed by Judge William P. Dimitrouleas on 10/26/2022. See attached document for full details. (ls)
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| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Vincent Tucker. Jean Traynor served on 10/25/2022, response/answer due 11/15/2022. (Shilling, Cody) |
| Filing 12 MOTION for Order to Show Cause for Replevin by Vincent Tucker. (Attachments: #1 Exhibit Exhibit A - Note, Security Agreement, List of Boats)(Shilling, Cody) |
| Filing 11 NOTICE by Vincent Tucker re #1 Complaint, of Filing Exhibits (Attachments: #1 Exhibit Exhibit A - LOI, #2 Exhibit Exhibit B - Promissory Note, #3 Exhibit Exhibit C - List of Boats, #4 Exhibit Exhibit D - Redacted Wire Transfer, #5 Exhibit Exhibit E - Certificates of Origin, #6 Exhibit Exhibit F - UCC Filings) (Shilling, Cody) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Vincent Tucker. Blackfisk Marine, LLC served on 10/25/2022, response/answer due 11/15/2022. (Shilling, Cody) |
| Filing 9 NOTICE of Attorney Appearance by Kelsey K Black on behalf of Vincent Tucker (Black, Kelsey) |
| Filing 8 Summons Re-issued as to Blackfisk Marine, LLC, Jean Traynor. (pes) |
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Filing 7
ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT. Signed by Judge William P. Dimitrouleas on 10/24/2022. See attached document for full details. (cds)
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re #5 Order to Show Cause by Vincent Tucker. (Attachments: #1 Exhibit Exhibit A - Sunbiz Filings)(Shilling, Cody) |
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Filing 5
ORDER TO SHOW CAUSE regarding Subject Matter Jurisdiction. Show Cause Response due by 10/28/2022. Signed by Judge William P. Dimitrouleas on 10/21/2022. See attached document for full details. (ls)
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| Filing 4 Summons Issued as to Blackfisk Marine, LLC, Jean Traynor. (nan) |
| Filing 3 NOTICE of Filing Proposed Summons(es) by Vincent Tucker re #1 Complaint, filed by Vincent Tucker (Attachments: #1 Summon(s) Summons - Traynor 1, #2 Summon(s) Summons - Traynor 2, #3 Summon(s) Summons - Blackfisk Marine) (Shilling, Cody) |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. (nan) Modified on 10/21/2022 (nan). |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16040238, filed by Vincent Tucker. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons Traynor 1, #3 Summon(s) Summons Traynor 2, #4 Summon(s) Summons Blackfisk)(Shilling, Cody) |
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