TRILLIUM PARTNERS, LP v. DNA BRANDS,INC.

Plaintiff: TRILLIUM PARTNERS, LP
Defendant: DNA BRANDS,INC.
Case Number: 0:2024cv60367
Filed: March 4, 2024
Court: US District Court for the Southern District of Florida
Presiding Judge: Raag Singhal
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 2, 2024 Filing 17 NOTICE of Filing Discovery: by TRILLIUM PARTNERS, LP. (Attachments: #1 Exhibit B - Balance Sheet of DNA Brands, Inc.)(Raikhelson, Andre)
May 2, 2024 Filing 16 Corrected MOTION for Fairness Hearing ORDER APPROVING SETTLEMENTAGREEMENT, STIPULATION, AND DISMISSAL by TRILLIUM PARTNERS, LP. Responses due by 5/16/2024. (Attachments: #1 Exhibit A - Settlement Agreement Between Parties, #2 Text of Proposed Order)(Raikhelson, Andre)
May 2, 2024 Filing 15 Joint MOTION for Fairness Hearing AND ORDER APPROVING SETTLEMENTAGREEMENT, STIPULATION, AND DISMISSAL by TRILLIUM PARTNERS, LP. Responses due by 5/16/2024. (Attachments: #1 Text of Proposed Order)(Raikhelson, Andre)
April 12, 2024 Filing 14 ORDER, denying without prejudice #13 Motion for Settlement. Signed by Judge Raag Singhal on 4/12/2024. See attached document for full details. (mee)
April 3, 2024 Filing 13 Joint MOTION for Settlement and Stipulation Approval by TRILLIUM PARTNERS, LP. Responses due by 4/17/2024. (Attachments: #1 Exhibit A - Settlement Agreement Between Parties, #2 Text of Proposed Order)(Raikhelson, Andre)
March 20, 2024 Filing 12 ORDER, denied without prejudice #9 Motion for approving settlement agreement. Signed by Judge Raag Singhal on 3/19/2024. See attached document for full details. (mee)
March 19, 2024 Filing 11 NOTICE of Attorney Appearance by Jonathan David Leinwand on behalf of DNA BRANDS,INC.. Attorney Jonathan David Leinwand added to party DNA BRANDS,INC.(pty:dft). (Leinwand, Jonathan)
March 18, 2024 Filing 10 Plaintiff's NOTICE of Filing Settlement Agreement by TRILLIUM PARTNERS, LP re #9 MOTION FOR ORDER APPROVING SETTLEMENT AGREEMENT (Attachments: #1 Exhibit A - Settlement Agreement and Stipulation) (Raikhelson, Andre)
March 18, 2024 Filing 9 MOTION FOR ORDER APPROVING SETTLEMENT AGREEMENT by TRILLIUM PARTNERS, LP. (Attachments: #1 Text of Proposed Order)(Raikhelson, Andre)
March 18, 2024 Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by TRILLIUM PARTNERS, LP (Raikhelson, Andre)
March 14, 2024 Filing 7 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 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 3/14/2024. (lp00)
March 14, 2024 Filing 6 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 (and responses to 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 (and responses).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 3/14/2024. (lp00)
March 14, 2024 Filing 5 Statement of: Jurisdictional Statement by TRILLIUM PARTNERS, LP re 4 Order,,,,, (Raikhelson, Andre)
March 6, 2024 Filing 4 PAPERLESS ORDER ON JURISDICTION - Plaintiff's Complaint appears to allege diversity of citizenship as the basis for this Court's subject matter jurisdiction. See (DE #1 1-4). As the party asking this Court to invoke its jurisdiction, Plaintiff must properly allege the citizenship of each of the parties to establish subject matter jurisdiction. Plaintiff Trillium Partners, LP is identified as a limited partnership, but the Complaint fails to allege the citizenship of the limited partnership's members. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1021 (11th Cir. 2004) ("[T]he Supreme Court held that for purposes of diversity of citizenship, a limited partnership is a citizen of each state in which any of its partners, limited or general, are citizens.") (citing to Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990)). Jurisdiction, therefore, is not properly alleged. Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that shows the Court's jurisdiction over this case. This statement should specifically identify the citizenship of Trillium Partners, LP and its members. This jurisdictional statement is due fourteen (14) days from the date of this Order. Signed by Judge Raag Singhal on 3/6/2024. (lp00)
March 4, 2024 Filing 3 Clerk's Notice to Filer re: Summons will not be issued. Attorney or Pro Se party's return address is not listed. Filer may file a Notice of Filing Proposed Summons with the corrected summons attached. (wce)
March 4, 2024 Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. 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. (wce)
March 4, 2024 Filing 1 COMPLAINT For Non-Payment of Promissory Note against DNA BRANDS,INC.. Filing fees $ 405.00 receipt number BFLSDC-17340294, filed by TRILLIUM PARTNERS, LP. (Attachments: #1 Exhibit A - 4/26 Note, #2 Exhibit B - 7/28 Note, #3 Exhibit C - 9/21 Note, #4 Exhibit D - Canouse Claim Purchase Agreement, #5 Exhibit E - Jahoco Claim Purchase Agreement, #6 Exhibit F - JP Carney Claim Purchase Agreement, #7 Summon(s), #8 Civil Cover Sheet)(Raikhelson, Andre)

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Plaintiff: TRILLIUM PARTNERS, LP
Represented By: Andre G. Raikhelson
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Defendant: DNA BRANDS,INC.
Represented By: Jonathan David Leinwand
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