Change Capital Partners Fund I, LLC v. Optical Telecommunications, Inc. et al.
| Change Capital Partners Fund I, LLC |
| Oti Fiber LLC and Optical Telecommunications, Inc. |
| 1:2018cv25329 |
| December 19, 2018 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Chris M McAliley |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on October 15, 2020. A more recent docket listing may be available from PACER.
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| Filing 56 SECOND Clerk's Notice of Undeliverable Mail re #53 Order on Report and Recommendations, Order on Motion to Dismiss,. US Mail returned for: Chritopher Weidner Greer. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp) |
| Filing 55 ANSWER and Affirmative Defenses to Amended Complaint by Oti Fiber LLC. (Siegfried, Nicholas) |
| Filing 54 FIRST Clerk's Notice of Undeliverable Mail re #50 REPORT AND RECOMMENDATIONS re #45 MOTION to Dismiss with Prejudice #39 Amended Complaint, filed by Optical Telecommunications, Inc. Recommending Denied.. US Mail returned for: Christopher Weidner Greer. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp) |
Filing 53
ORDER Accepting #50 Report and Recommendations; denying #45 Motion to Dismiss. Signed by Judge Cecilia M. Altonaga on 4/19/2019. See attached document for full details. (ps1)
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| Filing 52 MEDIATION REPORT by David H. Lichter. Disposition: Case did not settle.(Lichter, David) |
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Filing 51
ORDER setting deadline as to #50 REPORT AND RECOMMENDATIONS re #45 MOTION to Dismiss with Prejudice #39 Amended Complaint, filed by Optical Telecommunications, Inc. Recommending Denied. Objections to R&R due by 4/18/2019. Signed by Judge Cecilia M. Altonaga on 4/15/2019. See attached document for full details. (ps1)
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| Filing 50 REPORT AND RECOMMENDATIONS re #45 MOTION to Dismiss with Prejudice #39 Amended Complaint, filed by OTI Fiber, LLC. Recommending that the Motion be Denied. Objections to R&R due by 4/25/2019 Signed by Magistrate Judge Chris M. McAliley on 4/11/2019. See attached document for full details. (nsy) |
| Filing 49 REPLY to Response to Motion re #45 MOTION to Dismiss with Prejudice #39 Amended Complaint, filed by Oti Fiber LLC. (Siegfried, Nicholas) |
| Filing 48 RESPONSE in Opposition re #45 MOTION to Dismiss with Prejudice #39 Amended Complaint, and Incorporated Memorandum of Law filed by Change Capital Partners Fund I, LLC. Replies due by 3/1/2019. (Swergold, Jon) |
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Filing 47
Notice of Court Practice re: Discovery. In light of the Order of Referral, (ECF No. 29), the parties are ORDERED to comply with the attached Discovery Procedures. Signed by Magistrate Judge Chris M. McAliley on 2/13/2019. See attached document for full details. (nsy)
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Filing 46
ORDER REFERRING #45 Motion to Dismiss Plaintiff's, Change Capital Partners Fund I, LLC, Amended Complaint filed by Optical Telecommunications, Inc. to Magistrate Judge Chris M. McAliley for a report and recommendation. Signed by Judge Cecilia M. Altonaga on 2/12/2019. See attached document for full details. (wc)
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| Filing 45 MOTION to Dismiss with Prejudice #39 Amended Complaint, by Optical Telecommunications, Inc.. Responses due by 2/25/2019 (Siegfried, Nicholas) |
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Filing 44
ORDER STRIKING #43 Initial Disclosure(s) filed by Oti Fiber LLC. Signed by Judge Cecilia M. Altonaga on 2/7/2019. See attached document for full details. (ps1)
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| Filing 43 Initial Disclosure(s) of Rule 26(a)(1) Initial Disclosures by Oti Fiber LLC (Siegfried, Nicholas) |
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Filing 42
ORDER Scheduling Mediation before David Lichter, Esq.; Mediation Hearing set for 4/15/2019 10:00 AM. Signed by Judge Cecilia M. Altonaga on 1/30/2019. See attached document for full details. (ps1)
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| Filing 41 NOTICE of Mediator Selection and Hearing. Added David H. Lichter. Mediation Hearing set for 4/15/2019 at 9:00 a.m.. (Attachments: #1 Text of Proposed Order proposed Order Scheduling Mediation)(Swergold, Jon) |
| Filing 40 NOTICE of Voluntary Dismissal Without Prejudice of Defendant Optical Telecommunications, Inc. by Change Capital Partners Fund I, LLC (Swergold, Jon) |
| Filing 39 Plaintiff's AMENDED COMPLAINT against Oti Fiber LLC, filed by Change Capital Partners Fund I, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Swergold, Jon) |
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Filing 38
ORDER that by by 1/30/2019 the parties shall submit a proposed order scheduling mediation. Signed by Judge Cecilia M. Altonaga on 1/25/2019. See attached document for full details. (ps1)
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| Filing 37 NOTICE of Mediator Selection. Added Change Capital Partners Fund I, LLC, David H. Lichter. (Swergold, Jon) |
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Filing 36
ORDER OF RECUSAL. Magistrate Judge Lauren Fleischer Louis recused. Case reassigned to Magistrate Judge Chris M. McAliley for all further proceedings. Signed by Magistrate Judge Lauren Fleischer Louis on 1/18/2019. See attached document for full details. (vjk)
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Filing 35
ORDER OF RECUSAL. Magistrate Judge Jonathan Goodman recused. Case reassigned to Magistrate Judge Lauren Fleischer Louis for all further proceedings Signed by Magistrate Judge Jonathan Goodman on 1/16/2019. See attached document for full details. (jc)
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Filing 34
ORDER granting in part #33 Motion for Extension of Time. Amended Complaint due by 1/28/2019. Defendants have the time permitted by the Rules to submit a single combined response or separate answers to the amended complaint. Signed by Judge Cecilia M. Altonaga on 1/15/2019. See attached document for full details. (ps1)
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| Filing 33 MOTION for Extension of Time answer Plaintiff's Complaint re #3 Notice (Other),, by Optical Telecommunications, Inc., Oti Fiber LLC. Responses due by 1/28/2019 (Attachments: #1 Text of Proposed Order Granting Defendants' Motion for Extension of Time)(Siegfried, Nicholas) |
| Filing 32 NOTICE of Attorney Appearance by Austin Bodnar on behalf of Change Capital Partners Fund I, LLC. Attorney Austin Bodnar added to party Change Capital Partners Fund I, LLC(pty:pla). (Bodnar, Austin) |
| Filing 31 JUDICIAL DISCLOSURE. Signed by Magistrate Judge Jonathan Goodman on 1/4/2019. See attached document for full details. (jdo) |
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Filing 30
ORDER that Defendants, Optical Telecommunications Inc. and OTI Fiber, LLC, shall submit a single combined response or separate answers by January 18, 2019. Signed by Judge Cecilia M. Altonaga on 1/4/2019. See attached document for full details. (wc)
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Filing 29
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE ( Jury Trial set for 11/12/2019 before Judge Cecilia M. Altonaga., Calendar Call set for 11/5/2019 09:00 AM before Judge Cecilia M. Altonaga.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 1/4/2019. See attached document for full details. (cds) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Reset Deadline Per DE#30. Responses due by 1/18/2019 (cqs) |
| Filing 28 Joint SCHEDULING REPORT - Rule 16.1 by Change Capital Partners Fund I, LLC (Attachments: #1 Text of Proposed Order)(Barnett, Craig) |
| Filing 27 Certificate of Interested Parties/Corporate Disclosure Statement by Optical Telecommunications, Inc., Oti Fiber LLC (Siegfried, Nicholas) |
| Filing 26 Certificate of Interested Parties/Corporate Disclosure Statement by Change Capital Partners Fund I, LLC (Barnett, Craig) |
| Filing 25 NOTICE of Attorney Appearance by Jon Loren Swergold on behalf of Change Capital Partners Fund I, LLC. Attorney Jon Loren Swergold added to party Change Capital Partners Fund I, LLC(pty:pla). (Swergold, Jon) |
| Filing 24 NOTICE of Attorney Appearance by Joseph A. Miles on behalf of Optical Telecommunications, Inc., Oti Fiber LLC. Attorney Joseph A. Miles added to party Optical Telecommunications, Inc.(pty:dft), Attorney Joseph A. Miles added to party Oti Fiber LLC(pty:dft). (Miles, Joseph) |
| Filing 23 Statement of: Diversity Citizenship by Optical Telecommunications, Inc., Oti Fiber LLC (Siegfried, Nicholas) |
| Filing 22 NOTICE of Attorney Appearance by Nicholas D. Siegfried on behalf of Optical Telecommunications, Inc., Oti Fiber LLC. Attorney Nicholas D. Siegfried added to party Optical Telecommunications, Inc.(pty:dft), Attorney Nicholas D. Siegfried added to party Oti Fiber LLC(pty:dft). (Siegfried, Nicholas) |
| Filing 21 NOTICE by Change Capital Partners Fund I, LLC Statement of Diversity Citizenship (Barnett, Craig) |
| Filing 20 NOTICE of Attorney Appearance by Craig Stephen Barnett on behalf of Change Capital Partners Fund I, LLC. Attorney Craig Stephen Barnett added to party Change Capital Partners Fund I, LLC(pty:pla). (Barnett, Craig) |
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Filing 19
ORDER. Responses due by 12/28/2018. Signed by Judge Cecilia M. Altonaga on 12/19/2018. See attached document for full details. (lbc)
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Filing 18
Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 1/3/2019. Signed by Judge Cecilia M. Altonaga on 12/19/2018. See attached document for full details. (ps1)
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Filing 17
ORDER that the parties shall retain counsel permitted to practice before the Court and notify the Court of such no later than 12/27/2018. Attorneys for Plaintiff and Defendants shall serve the parties with copies of this Order no later than December 20, 2018. Signed by Judge Cecilia M. Altonaga on 12/19/2018. See attached document for full details. (ps1)
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| Filing 16 Bar Letter re: Admissions sent to attorney Christopher Weidner Greer, mailing date December 19, 2018, (pt) |
| Filing 15 Bar Letter re: Admissions sent to attorney Steven C. Bennett, mailing date December 19, 2018, (pt) |
| Filing 14 Bar Letter re: Admissions sent to attorney Andrew Steven Muller, mailing date December 19, 2018, (pt) |
| Filing 13 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (jua) |
| Filing 12 Case transferred in from New York Southern; Case Number 1:18-cv-07809. Electronic file including transfer order and docket sheet received. .(jua). |
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Filing 11
SO ORDERED STIPULATION TO CHANGE VENUE OF ACTION PURSUANT TO 28 U.S.C. 1404(a): IT IS HEREBY STIPULATED, AGREED, CONSENTED TO AND SO ORDERED, by and between the undersigned counsel for the respective Parties, as follows: The Parties agree and consent to the transfer of the above-captioned action from the United States District Court for the Southern District of New York to the United States District Court for the Southern District of Florida pursuant to 28 U.S.C. 1404(a). Such transfer shall be effectuated forthwith. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/17/2018) (ama)
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Florida. (ama) |
| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by Optical Telecommunications, Inc., Oti Fiber LLC. (Greer, Christopher) |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Telephone Conference held on 11/6/2018. (ade) |
| Filing 9 ACKNOWLEDGMENT OF SERVICE. Optical Telecommunications, Inc. served on 10/24/2018, answer due 11/14/2018. Service was accepted by Steven C. Bennett. Document filed by Change Capital Partners Fund I, LLC. (Muller, Andrew) |
| Filing 8 ACKNOWLEDGMENT OF SERVICE. Oti Fiber LLC served on 10/24/2018, answer due 11/14/2018. Service was accepted by Steven C. Bennett. Document filed by Change Capital Partners Fund I, LLC. (Muller, Andrew) |
| Filing 7 LETTER MOTION for Conference re: #5 LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Steven C. Bennett dated October 24, 2018. addressed to Judge Naomi Reice Buchwald from Mitchell L. Kaplan dated 10/29/2018. Document filed by Change Capital Partners Fund I, LLC.(Muller, Andrew) |
| Filing 6 NOTICE OF APPEARANCE by Andrew Steven Muller on behalf of Change Capital Partners Fund I, LLC. (Muller, Andrew) |
| Filing 5 LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Steven C. Bennett dated October 24, 2018. Document filed by Optical Telecommunications, Inc., Oti Fiber LLC.(Bennett, Steven) |
| Filing 4 NOTICE OF APPEARANCE by Steven C. Bennett on behalf of Optical Telecommunications, Inc., Oti Fiber LLC. (Bennett, Steven) |
| Filing 3 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 156826/2018..Document filed by Oti Fiber LLC, Optical Telecommunications, Inc.. (Attachments: #1 Exhibit 1 - State Court Summons, #2 Exhibit 2 - State Court Complaint, #3 Exhibit 3 - Exhibit A to State Court Complaint, #4 Exhibit 4 - Exhibit B to State Court Complaint, #5 Exhibit 5 - Exhibit C to State Court Complaint, #6 Exhibit 6 - Exhibit D to State Court Complaint, #7 Exhibit 7)(Greer, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher Weidner Greer to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): Notice of Removal exhibits must be labeled pursuant to ECF Filing Rule 13.3. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Weidner Greer. The party information for the following party/parties has been modified: Change Capital Partners Fund I, LLC as assignee of Azadian Group, LLC, Oti Fiber LLC, Optical Telecommunications, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher Weidner Greer. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pc) |
| Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Filing 2 CIVIL COVER SHEET filed. (Greer, Christopher) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 156826/2018. (Filing Fee $ 400.00, Receipt Number 0208-15499456).Document filed by Oti Fiber LLC, Optical Telecommunications, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Greer, Christopher) Modified on 8/28/2018 (pc). |
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