FMT, FZE v. KODASCO International, LLC et al
Plaintiff: FMT, FZE
Defendant: KODASCO International, LLC and Steve Hong
Garnishee: TD Bank, N.A.
Case Number: 1:2015cv23103
Filed: August 19, 2015
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade
Presiding Judge: Chris M McAliley
Referring Judge: K Michael Moore
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 9, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2016 Filing 52 WRIT OF GARNISHMENT issued as to Garnishee Wells Fargo Bank, N.A. in the amount of $ 516,570.00 re: #51 Motion for Writ of Garnishment filed by FMT, FZE. (yha)
December 8, 2016 Filing 51 MOTION for Writ of Garnishment Post Judgment by FMT, FZE. Responses due by 12/22/2016 (Patrissi, Patrick)
June 27, 2016 Opinion or Order Filing 50 ORDER GRANTING FINAL DEFAULT JUDGMENT.Closing Case. Signed by Chief Judge K. Michael Moore on 6/27/2016. (mgn)
June 27, 2016 Filing 49 MOTION for Default Judgment Against Defendant Steve Hong by FMT, FZE. (Patrissi, Patrick)
June 21, 2016 Opinion or Order Filing 48 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Second Motion for Extension of Time to File Motion for Final Default Judgment #47 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Second Motion for Extension of Time to File Final Default Judgment #47 is GRANTED. Plaintiff shall file its motion for final default judgment no later than June 27, 2016. Signed by Chief Judge K. Michael Moore on 6/21/2016. (mgn)
June 20, 2016 Filing 47 Second MOTION for Extension of Time to file Motion for Default Final Judgment Against Defendant, Steve Hong re 44 Notice of Court Practice,,,, 46 Order on Motion for Extension of Time,, by FMT, FZE. Responses due by 7/8/2016 (Patrissi, Patrick)
May 27, 2016 Opinion or Order Filing 46 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Extension of Time to File Motion for Final Default Judgment #45 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion for Extension of Time to File Final Default Judgment #45 is GRANTED. Plaintiff shall file its motion for final default judgment no later than June 20, 2016. Signed by Chief Judge K. Michael Moore on 5/27/2016. (mgn)
May 27, 2016 Filing 45 MOTION for Extension of Time to File its Motion for Default Final Judgment against Steve Hong re 44 Notice of Court Practice,,,, by FMT, FZE. Responses due by 6/13/2016 (Patrissi, Patrick)
May 9, 2016 Opinion or Order Filing 44 PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk of Court's Entry of Default against Defendant Steve Hong #43 . Plaintiff is instructed to file a Motion for Default Judgment pursuant to Fed. R. Civ. P. 55(b) within twenty (20) days of the date of this Notice, or this case will be dismissed and the Court will be divested of jurisdiction to enforce any judgment against the Defendant. Plaintiffs Motion should include what Counts from the Complaint that Plaintiff alleges against the defaulting Defendant, and affidavits detailing corresponding damages. Damages may be awarded only if the record adequately reflects the basis for award via... a demonstration by detailed affidavits establishing the necessary facts. Adolph Coors Co. v. Movement against Racism & Klan, 777 F.2d 1538, 1544 (11th Cir. 1985) citing United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979); see also SEC v. Smyth, 420 F.3d 1225, 1231-32 (11th Cir. 2005). Plaintiff must also submit appropriate proposed orders so as to conform its submission to Local Rules. Signed by Chief Judge K. Michael Moore on 5/9/2016. (mgn)
May 9, 2016 Opinion or Order Filing 43 ORDER by Clerk of Entry of Default re #42 Motion for Clerks Entry of Default as to Steve Hong. Signed by DEPUTY CLERK on 5/9/2016. (cbr)
May 6, 2016 Filing 42 MOTION for Clerks Entry of Default as to Steve Hong by FMT, FZE. (Patrissi, Patrick)
May 6, 2016 Filing 41 AFFIDAVIT signed by : Patrick Patrissi. Non-Military Affidavit by FMT, FZE (Patrissi, Patrick)
May 3, 2016 Filing 40 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by FMT, FZE. Steve Hong served on 4/12/2016, answer due 5/3/2016. (Patrissi, Patrick)
March 22, 2016 Filing 39 Clerks Notice to Filer: Writ of Garnishment cannot be issued. Proposed Writ of Garnishment for issue by the Clerk was not provided with #38 Motion to Issue Writ of Garnishment. (asl)
March 21, 2016 Filing 38 MOTION for Writ of Garnishment Post Judgment by FMT, FZE. Responses due by 4/7/2016 (Patrissi, Patrick)
March 21, 2016 Filing 37 ANSWER to Writ of Garnishment by TD Bank, N.A.. Reply/Objections to Writ Answer due by 4/14/2016. (Glickman, Barry)
March 21, 2016 Filing 36 WRIT OF GARNISHMENT issued as to Garnishee TD Bank in the amount of $ 516,570.00 re: #17 Default Judgment. (pes)
February 23, 2016 Filing 35 ALIAS Summons Reissued as to Steve Hong. (asl)
February 23, 2016 Filing 34 NOTICE of Filing Proposed Summons(es) by FMT, FZE re #33 Summons Returned Unexecuted filed by FMT, FZE (Patrissi, Patrick)
February 18, 2016 Filing 33 Summons (Affidavit) Returned Unexecuted by FMT, FZE as to Steve Hong. (Patrissi, Patrick)
February 4, 2016 Filing 32 NOTICE by FMT, FZE of Service of Process (Patrissi, Patrick)
February 3, 2016 Opinion or Order Filing 31 ORDER denying without prejudice #24 Motion for Sanctions. Signed by Magistrate Judge Chris M. McAliley on 2/3/2016. (nsy)
February 2, 2016 Filing 30 Paperless Minute Entry for proceedings held before Magistrate Judge Chris M. McAliley: Telephonic Motion Hearing held on 2/2/2016 re #24 MOTION for Sanctions filed by FMT, FZE, denied m/sanctions w/out prej. Status Conference held on 2/2/2016. Patrick Patrissi Esq., for the Pltf. Carlos Garcia Esq., for Deft., Kodasco International, LLC et., al. Order to follow. (Digital 16:20:51.) (nf)
February 2, 2016 Filing 29 NOTICE of Attorney Appearance by Carlos Garcia on behalf of KODASCO International, LLC. Attorney Carlos Garcia added to party KODASCO International, LLC(pty:dft). (Garcia, Carlos)
February 2, 2016 Filing 28 CERTIFICATE OF SERVICE by FMT, FZE re 27 Order Setting Status Conference,, (Patrissi, Patrick)
January 28, 2016 Opinion or Order Filing 27 PAPERLESS ORDER SETTING STATUS CONFERENCE. The Court will hold a telephonic status conference on Plaintiff's Motion for Sanctions [DE 24] on February 2, 2016 at 4:15 p.m. Counsel and Defendant Kodasco International LLC should use the following dial-in information: telephone number: 1-888-684-8852; access code: 9675400 and security code: 5890. Plaintiff shall immediately serve a copy of this Order on Kodasco at its last known address. (Telephonic Status Conference set for 2/2/2016 04:15 PM in Miami Division before Magistrate Judge Chris M. McAliley.) Signed by Magistrate Judge Chris M. McAliley on 1/28/2016. (nsy)
January 26, 2016 Opinion or Order Filing 26 AMENDED PAPERLESS ORDER REFERRING #24 Plaintiff's Motion for Sanctions. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is referred to Magistrate Judge Chris McAliley to take all necessary and proper action as required by law with respect to Plaintiff's Motion for Sanctions #24 . Signed by Chief Judge K. Michael Moore on 1/26/2016. (mgn)
January 25, 2016 Opinion or Order Filing 25 PAPERLESS ORDER REFERRING Plaintiff's Motion for Sanctions #24 . Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, Plaintiff's Motion for Sanctions #24 is hereby referred to United States Magistrate Judge Chris M. McAliley to issue a report and recommendation. Signed by Chief Judge K. Michael Moore on 1/25/2016. (mgn)
January 21, 2016 Filing 24 MOTION for Sanctions by FMT, FZE. (Patrissi, Patrick)
January 14, 2016 Filing 23 NOTICE by FMT, FZE of Filing Proof of Publication (Patrissi, Patrick)
January 13, 2016 Opinion or Order Filing 22 ORDER granting in part and denying in part #20 Motion to Compel. Signed by Magistrate Judge Chris M. McAliley on 1/13/2016. (nsy)
December 29, 2015 Filing 21 Notice of Action/Publication filed by FMT, FZE. (Patrissi, Patrick)
December 24, 2015 Filing 20 MOTION to Compel To Appear for Deposition ( Responses due by 1/11/2016), MOTION for Order to Show Cause and Supporting Memorandum of Law by FMT, FZE. (Patrissi, Patrick)
December 2, 2015 Filing 19 Notice of Action/Publication filed by FMT, FZE. Steve Hong answer/written defenses due by 12/31/2015. (Patrissi, Patrick)
November 20, 2015 Filing 18 AFFIDAVIT of Diligent Search and Inquiry by FMT, FZE (Patrissi, Patrick)
November 4, 2015 Filing 17 DEFAULT JUDGMENT in favor of FMT, FZE against KODASCO International, LLC in the amount of $516,570.00. Signed by Chief Judge K. Michael Moore on 10/8/2015. (tpe)
October 8, 2015 Opinion or Order Filing 16 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Default Judgment against Kodasco International, LLC #12 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #12 is GRANTED. Defendant Kodasco International, LLC has failed to plead or defend itself or otherwise appear in this action. Default Final Judgment is entered against Kodasco International, LLC in the amount of $516,570.00, for which sum let execution issue. This amount shall accrue post-judgment interest calculated at the appropriate statutory rate, from the date of this Order until the judgment and interest are paid. The Court reserves jurisdiction on Plaintiff's claim against Defendant Steve Hong. Signed by Chief Judge K. Michael Moore on 10/8/2015. (mgn)
October 7, 2015 Filing 15 RESPONSE TO ORDER TO SHOW CAUSE re 14 Order to Show Cause,,, by FMT, FZE. (Attachments: #1 Text of Proposed Order)(Patrissi, Patrick)
October 6, 2015 Opinion or Order Filing 14 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff FMT, FZE's Motion for Default Judgment Against Defendant Kodasco International LLC #12 . On September 17, 2015, this Court entered a Notice of Court Practice Upon Entry of Default 10 informing Plaintiff of the requirements to properly file a Motion for Default Judgment. Included in those instructions was a requirement that Plaintiff "submit appropriate proposed orders so as to conform its submission to Local Rules." Plaintiff did not file the text of a proposed order with its Motion for Default Judgment. Plaintiff is hereby ORDERED to show cause by October 9, 2015 why no proposed order was attached with the Motion for Default Judgment and to submit a proposed order for this Court's consideration. Failure to do so may result in the imposition of sanctions, including dismissal. Signed by Chief Judge K. Michael Moore on 10/6/2015. (mgn)
October 5, 2015 Opinion or Order Filing 13 THIS CAUSE came before the Court upon Plaintiff's Motion for Extension of Time to Hold Scheduling Conference #11 . On September 1, 2015 this Court entered a pre-trial order 5 requiring the parties to "hold a scheduling conference no later... sixty (60) days after the filing of the complaint." Additionally, this Court authorized Plaintiff's to request an enlargement of time to hold the scheduling conference, "not to exceed 120 days from the filing of the complaint" if all defendants had not been served. Plaintiff has been unable to serve Defendant Steve Hong despite its continued efforts to do so. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Unopposed Motion for Extension of Time to File Response #11 is GRANTED in Part and DENIED in Part. The parties have until December 17, 2015 to hold a scheduling conference. Signed by Chief Judge K. Michael Moore on 10/5/2015. (mgn)
October 1, 2015 Filing 12 MOTION for Default Final Judgment AGAINST DEFENDANT KODASCO INTERNATIONAL LLC ONLY by FMT, FZE. (Patrissi, Patrick) Modified text on 10/1/2015 (yar).
September 28, 2015 Filing 11 MOTION for Extension of Time to serve Defendant Steve Hong to Hold Scheduling Conference re 5 Pretrial Order,,,,,,,,,,,, by FMT, FZE. Responses due by 10/16/2015 (Patrissi, Patrick)
September 17, 2015 Opinion or Order Filing 10 PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk of Court's Entry of Default against Defendant Kodasco International, LLC #9 . Plaintiff is instructed to file a Motion for Default Judgment pursuant to Fed. R. Civ. P. 55(b) within twenty (20) days of the date of this Notice, or this case will be dismissed and the Court will be divested of jurisdiction to enforce any judgment against the Defendant. Plaintiffs Motion should include what Counts from the Complaint that Plaintiff alleges against the defaulting Defendant, and affidavits detailing corresponding damages. Damages may be awarded only if the record adequately reflects the basis for award via... a demonstration by detailed affidavits establishing the necessary facts. Adolph Coors Co. v. Movement against Racism & Klan, 777 F.2d 1538, 1544 (11th Cir. 1985) citing United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979); see also SEC v. Smyth, 420 F.3d 1225, 1231-32 (11th Cir. 2005). Plaintiff must also submit appropriate proposed orders so as to conform its submission to Local Rules. Signed by Chief Judge K. Michael Moore on 9/17/2015. (mgn)
September 16, 2015 Opinion or Order Filing 9 ORDER by Clerk of Entry of Default re #8 Motion for Clerks Entry of Default as to KODASCO International, LLC. Signed by DEPUTY CLERK on 9/16/2015. (yar)
September 15, 2015 Filing 8 MOTION for Clerks Entry of Default as to KODASCO International, LLC by FMT, FZE. (Attachments: #1 Exhibit Proposed Default)(Patrissi, Patrick)
September 15, 2015 Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by FMT, FZE. KODASCO International, LLC served on 8/24/2015, answer due 9/14/2015. (Patrissi, Patrick)
September 1, 2015 Opinion or Order Filing 6 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE CHRIS M. MCALILEY. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above captioned Cause is referred to United States Magistrate Judge Chris M. McAliley to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Chris M. McAlileys discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge McAliley, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 9/1/2015. (apy)
September 1, 2015 Opinion or Order Filing 5 PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 120 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 9/1/2015. (apy)
August 19, 2015 Filing 4 Summons Issued as to Steve Hong, KODASCO International, LLC. (bb)
August 19, 2015 Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (bb)
August 19, 2015 Filing 2 Judge Assignment to Chief Judge K. Michael Moore (bb)
August 19, 2015 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-8007224, filed by FMT, FZE, a UAE Corp.. (Attachments: #1 Summon(s) Kodasco International, LLC, #2 Summon(s) Steve Hong, #3 Civil Cover Sheet)(Patrissi, Patrick)

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Plaintiff: FMT, FZE
Represented By: Patrick Patrissi
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Defendant: KODASCO International, LLC
Represented By: Carlos Garcia
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Defendant: Steve Hong
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Garnishee: TD Bank, N.A.
Represented By: Barry Jay Glickman
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