Application of LM Property Development Limited and Mirko Kovats
| Treasure Cay Services, Inc. |
| Bahamas |
| 0:2022mc62185 |
| November 21, 2022 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Alicia O Valle |
| Other Statutory Actions |
| 28 U.S.C. § 1782 Letter rogatory - appointment |
| None |
Docket Report
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| Filing 28 MOTION for Contempt Renewed Motion for Relief, Including Contempt of Court, for Respondent's Failure to Comply with this Court's Orders by Bahamas. Responses due by 8/14/2023 (Attachments: #1 Proposed Order)(Layden, Andrew) |
Filing 27
PAPERLESS ORDER REGARDING #26 Applicants' Second Status Report. By way of background, in April 2023, the Court granted in part and denied in part by default #19 Applicants' Motion for Order to Show Cause or, in the Alternative, to Compel (the "Motion"). See ECF No. 23. As directed by the Court, Applicants advised the Court that they had served Respondent with the Court's April 2023 Order requiring compliance with Applicants' subpoena, but Respondent has failed to comply with the Court's Order or respond to the subpoena. See ECF Nos. #25 at 1, 25-1 at 2, #26 at 1 (May and July 2023 Status Reports, respectively). Nonetheless, Applicants have not renewed their prior #19 Motion requesting relief from Respondent's non-compliance, including possible sanctions for failure to comply with this Court's orders. Accordingly, by August 1, 2023, Applicants must file a motion seeking affirmative relief from the Court. Signed by Magistrate Judge Alicia O. Valle on 7/25/2023. (jve)
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| Filing 26 STATUS REPORT Second Status Report by Bahamas (Layden, Andrew) |
| Filing 25 STATUS REPORT by Bahamas (Attachments: #1 Exhibit Exhibit 1)(Layden, Andrew) |
| Filing 24 NOTICE of Compliance by Bahamas re 23 Order on Motion for Order to Show Cause,,,,,,,,,,, (Layden, Andrew) |
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Filing 23
PAPERLESS ORDER GRANTING IN PART AND DENYING IN PART BY DEFAULT #19 Applicants' Motion for Order to Show Cause or, in the Alternative, to Compel (the "Motion"). In January 2023, the undersigned granted Applicants' Ex Parte Application for Judicial Assistance to Obtain Evidence for Use in a Foreign Proceeding Pursuant to 28 U.S.C. 1782. See generally ECF No. #10 . Thereafter, Applicants served a subpoena on Respondent, to which Respondent did not respond. See ECF No. #19 at 1; see also ECF No. 19-1 at 3 (Affidavit of Service upon Respondent's registered agent); ECF No. 19-1 at 14-25 (correspondence reflecting Applicants' attempts to confer regarding the subpoena, with confirmation of delivery). The undersigned has already issued an Order to Show Cause why the Motion should not be granted by default. See ECF No. 20. Applicants served Respondent with the Order to Show Cause. See ECF No. #22 at 1. To date, however, Respondent has not responded to the subpoena, the Motion, or the Court's Order to Show Cause. Accordingly, the Motion is GRANTED IN PART AND DENIED IN PART BY DEFAULT. See, e.g., Milton Jones Mgmt. Corp. v. Certain Underwriters at Lloyd's, No. 21-CV-60194-AHS (S.D. Fla. Feb. 1, 2023) (ECF No. 79) (granting motion to comply with Rule 45 subpoena by default); XLMedica, Inc. v. Accelerated Biologics, LLC, No. 22-MC-80874-RS (S.D. Fla. Sept. 2, 2022) (ECF No. 6) (same). Within 14 days from the date of this Order, Respondent must produce all documents responsive to the previously served subpoena. Failure to comply with this Order may result in sanctions against Respondent, including possible contempt for failure to obey court orders. See, e.g., Wachovia Bank v. Tien, No. 04-CV-20834 (S.D. Fla. July 28, 2017) (ECF No. 2340) (the undersigned's Report and Recommendation that a party be held in civil contempt for failing to obey a court order). Additionally, within two business days from the date of this Order, Applicants must serve this Order on Respondent and file a Notice of Compliance regarding the same. Lastly, Applicants' request for attorney's fees and costs is DENIED. See Sulda v. Shippingquest.com, LLC, No. 18-MC-61300-BB (S.D. Fla. Jan. 8, 2019) (ECF No. 7) (granting motion to enforce subpoena but denying request for attorney's fees and costs); see also ADP, LLC v. Ultimate Software Grp., Inc., No. 17-CV-61272, 2017 WL 7794274, at *3 (S.D. Fla. July 26, 2017) (holding that Rule 37(a) does not apply to motions to compel compliance with a Rule 45 subpoena). Signed by Magistrate Judge Alicia O. Valle on 4/27/2023. (jve)
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| Filing 22 NOTICE of Compliance by Bahamas re #21 Notice of Compliance filed by Bahamas (Layden, Andrew) |
| Filing 21 NOTICE of Compliance by Bahamas re 20 Order to Show Cause,,, (Layden, Andrew) |
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Filing 20
PAPERLESS ORDER TO SHOW CAUSE. On March 17, 2023, Applicant filed its #19 Motion for Order to Show Cause or, in the Alternative, to Compel (the "Motion"). Discovery motions before the undersigned are handled on an expedited briefing schedule. See https://www.flsd.uscourts.gov/content/judge-alicia-o-valle. To date, Respondent has failed to respond to the Motion. Accordingly, within 10 days from the date of this Order, Respondent must show cause why the Motion should not be granted by default. Failure to timely comply with this Order may result in the Motion being granted by default without further notice. Within two days from the date of this Order, Applicant must serve Respondent with this Order and the Motion at 16850 Berkshire Court, Southwest Ranches, Florida 33331 via First Class Mail and file a Notice of Compliance regarding the same. Signed by Magistrate Judge Alicia O. Valle on 3/27/2023. (jve)
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| Filing 19 MOTION for Order to Show Cause or, in the Alternative, to Compel by Bahamas. (Attachments: #1 Declaration of Paul M. Levine, #2 Proposed Order)(Layden, Andrew) |
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Filing 18
PAPERLESS ORDER GRANTING #17 Respondent's Unopposed Motion for Extension of Time. Accordingly, Respondent must respond to Applicant's subpoena by March 20, 2023. No further extensions will be granted absent a timely and legally sufficient showing of good cause. Signed by Magistrate Judge Alicia O. Valle on 3/10/2023. (jve)
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| Filing 17 Unopposed MOTION for Extension of Time to complete good faith discussions and/or respond or object to subpoena re 15 Order on Motion for Extension of Time by Treasure Cay Services, Inc.. Responses due by 3/24/2023 (Poyer, Joshua) |
| Filing 16 NOTICE by Bahamas Notice of Withdrawal (Layden, Andrew) |
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Filing 15
PAPERLESS ORDER GRANTING #14 Respondent's Unopposed Motion for Extension of Time. Accordingly, Respondent must respond to Applicant's subpoena by March 10,2023. Signed by Magistrate Judge Alicia O. Valle on 3/3/2023. (jve)
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| Filing 14 Unopposed MOTION for Extension of Time to respond to and object to subpoena and meet and confer on subpoena by Treasure Cay Services, Inc.. Responses due by 3/17/2023 (Poyer, Joshua) |
| Filing 13 NOTICE of Attorney Appearance by Joshua Douglas Poyer on behalf of Treasure Cay Services, Inc.. Attorney Joshua Douglas Poyer added to party Treasure Cay Services, Inc.(pty:res). (Poyer, Joshua) |
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Filing 12
PAPERLESS ORDER GRANTING #11 Respondent's Unopposed Motion for Extension of Time. Respondent will have until March 3, 2023 to respond and object to Applicant's subpoena. Prior to March 3, 2023, the parties must meet and confer in a good faith effort to resolve all discovery disputes without further court intervention. Signed by Magistrate Judge Alicia O. Valle on 2/3/2023. (jve)
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| Filing 11 Unopposed MOTION for Extension of Time to Respond and Object to Subpoena by Treasure Cay Services, Inc.. Attorney Grant Stanton Smith added to party Treasure Cay Services, Inc.(pty:res). Responses due by 2/17/2023 (Smith, Grant) |
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Filing 10
ORDER GRANTING EX PARTE APPLICATION FOR AN ORDER PURSUANT TO 28 U.S.C. 1782 TO CONDUCT DISCOVERY FOR USE IN A FOREIGN PROCEEDING. Signed by Magistrate Judge Alicia O. Valle on 1/19/2023. See attached document for full details. (sd01)
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| Filing 9 NOTICE by Bahamas re #1 Application for Judicial Assistance/Letter Rogatory,,, Notice of Corrected Exhibit 1 Filing (Attachments: #1 Corrected Exhibit 1) (Layden, Andrew) |
| Filing 8 Statement of: LM Property Development Limited Corporate Disclosure Statement by Bahamas re #1 Application for Judicial Assistance/Letter Rogatory,,, (Layden, Andrew) |
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Filing 7
ORDER OF REFERRAL to Magistrate Judge Alicia O. Valle for disposition of all non-dispositive motions and report and recommendation on dispositive motions. Signed by Judge Raag Singhal on 11/22/2022. See attached document for full details. (pcs)
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Filing 6
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 11/22/2022. (eca)
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| Filing 5 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 11/22/2022. (eca) |
| Filing 4 NOTICE by Bahamas re #1 Application for Judicial Assistance/Letter Rogatory,,, Civil Cover Sheet (Layden, Andrew) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (aao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. (aao) |
| Filing 1 APPLICATION for Judicial Assistance to Obtain Evidence for Use in a Foreign Proceeding Pursuant to 28 U.S.C. 1782 to Obtain Evidence for Use in a Foreign Proceeding Pursuant to 28 U.S.C. 1782. Filing fee $ 49.00 receipt number AFLSDC-16117369, filed by LM Property Development Limited, Mirko Kovats. (Attachments: #1 Memorandum of Law, #2 Mirko Kovats Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Proposed Order)(Layden, Andrew) |
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| In re: Bahamas | |
| Represented By: | Andrew V Layden |
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| Respondent: Treasure Cay Services, Inc. | |
| Represented By: | Grant Stanton Smith |
| Represented By: | Joshua Douglas Poyer |
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