Konica Minolta Business Solutions U.S.A., Inc. v. DeFrancesco et al
Plaintiff: Konica Minolta Business Solutions U.S.A., Inc.
Defendant: Jacqueline DeFrancesco, Anthony Garcia, Lease Savers Consulting LLC, Hector Nunez, Lease Savers LLC and Upswing Consulting LLC
Case Number: 1:2019cv20579
Filed: February 12, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Edwin G Torres
Referring Judge: Kathleen M Williams
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2019 Filing 31 Plaintiff's REPLY to #19 Answer to Complaint, #20 Answer to Complaint by Konica Minolta Business Solutions U.S.A., Inc.. (Stutin, Cathy)
April 9, 2019 Filing 30 Plaintiff's REPLY to #21 Answer to Complaint by Konica Minolta Business Solutions U.S.A., Inc.. (Stutin, Cathy)
April 4, 2019 Opinion or Order Filing 29 ORDER. Joint Conference/Scheduling Report due by 4/19/2019. Signed by Judge Kathleen M. Williams on 4/3/2019. See attached document for full details. (lbc)
April 4, 2019 Filing 28 Clerks Entry of Default as to Lease Savers LLC per Order Directing Clerk to Enter Default Re: 25 Order Directing Clerk to Enter Default,,,,,. Signed by DEPUTY CLERK on 4/4/2019. (cqs)
April 3, 2019 Opinion or Order Filing 27 PAPERLESS ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, all discovery disputes and non-dispositive pretrial motions are REFERRED to Magistrate Judge Edwin G. Torres. It is further ORDERED that the Parties shall adhere to the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, Judge Williams' Court Practices and Procedures, and Judge Torres' Standing Order Setting Discovery Procedures. Judge Williams' Court Practices and Procedures and Judge Torres' Standing Order Setting Discovery Procedures are available at the Court's website: # http://www.flsd.uscourts.gov/content/judge-kathleen-m-williams. Signed by Judge Kathleen M. Williams on 4/3/2019. (jws)
April 3, 2019 Opinion or Order Filing 26 PAPERLESS ORDER denying #4 Plaintiff's Motion to Expedite. Plaintiff's motion to conduct broad, expedited discovery before the Parties' Rule 26(f) conference is DENIED because Plaintiff has not demonstrated good cause as to why expedited discovery is necessary. Signed by Judge Kathleen M. Williams on 4/3/2019. (jws)
April 3, 2019 Opinion or Order Filing 25 PAPERLESS ORDER Directing Clerk to Enter Default as to Defendant Lease Savers LLC. On March 4, 2019, Plaintiff filed proof of service reflecting service on this Defendant on February 26, 2019, making its answer to the complaint due on or before March 19, 2019. #10 . To date, Defendant Lease Savers LLC has not appeared or filed a responsive pleading to the Complaint. The Federal Rules of Civil Procedure provide that the Clerk must enter default against a defendant who has failed to plead or otherwise defend. Accordingly, it is ORDERED AND ADJUDGED that the Clerk is directed to ENTER DEFAULT against Defendant Lease Savers LLC. On or before April 26, 2019, Plaintiff shall file a motion for final default judgment against Defendant Lease Savers LLC and serve it in accordance with Rule 55(b)(2) of the Federal Rules of Civil Procedure. The motion shall be accompanied by a proposed default final judgment order setting forth the sum certain owed as money damages and the sum certain sought for attorneys' fees and costs supported by sufficient evidence, through affidavits or otherwise, to establish the basis for damages and other relief sought in the pleadings. The motion shall also reference specific legal authority establishing Plaintiff's entitlement to the relief sought and demonstrating that service was proper. Signed by Judge Kathleen M. Williams on 4/3/2019. (jws)
April 3, 2019 Opinion or Order Filing 24 PAPERLESS ORDER granting #22 Unopposed Motion for Extension of Time. Defendant's answer to the complaint is deemed timely filed. Signed by Judge Kathleen M. Williams on 4/3/2019. (jws)
April 3, 2019 Opinion or Order Filing 23 ORDER OF RECUSAL. Senior Judge James Lawrence King recused. Case reassigned to Judge Kathleen M. Williams for all further proceedings. Signed by Senior Judge James Lawrence King on 4/1/2019. See attached document for full details. (yar)
April 2, 2019 Filing 22 Second MOTION for Extension of Time to File Response/Reply/Answer by Hector Nunez. (Cantrell, William)
April 2, 2019 Filing 21 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Hector Nunez. (Cantrell, William)
March 29, 2019 Filing 20 ANSWER and Affirmative Defenses to Complaint by Upswing Consulting LLC. (Garcia, Juan)
March 29, 2019 Filing 19 ANSWER and Affirmative Defenses to Complaint by Jacqueline DeFrancesco, Anthony Garcia, Lease Savers Consulting LLC. (Garcia, Juan)
March 18, 2019 Opinion or Order Filing 18 PAPERLESS ORDER Granting #17 Motion for Extension of Time to File Responsive Pleadings. Signed by Senior Judge James Lawrence King on 3/18/2019. (jw)
March 15, 2019 Filing 17 First MOTION for Extension of Time to file response of pleading by Hector Nunez. Responses due by 3/29/2019 (Cantrell, William)
March 13, 2019 Filing 16 NOTICE of Attorney Appearance by William J Cantrell on behalf of Hector Nunez. Attorney William J Cantrell added to party Hector Nunez(pty:dft). (Cantrell, William)
March 13, 2019 Opinion or Order Filing 15 AGREED ORDER Granting #11 Motion for Extension of Time to File Answer to a Complaint or Other Case Initiating Document Jacqueline DeFrancesco. Answer due 3/26/2019; Anthony Garcia. Answer due 3/26/2019; Lease Savers Consulting LLC. Answer due 3/26/2019; Upswing Consulting LLC. Answer due 3/26/2019. Re: #1 Complaint,, filed by Konica Minolta Business Solutions U.S.A., Inc.. Signed by Senior Judge James Lawrence King on 3/13/2019. See attached document for full details. (jw)
March 12, 2019 Filing 14 NOTICE of Attorney Appearance by Juan Ramon Garcia on behalf of Jacqueline DeFrancesco, Anthony Garcia (Garcia, Juan)
March 12, 2019 Filing 13 NOTICE of Attorney Appearance by Juan Ramon Garcia on behalf of Upswing Consulting LLC. Attorney Juan Ramon Garcia added to party Upswing Consulting LLC(pty:dft). (Garcia, Juan)
March 12, 2019 Filing 12 NOTICE of Attorney Appearance by Juan Ramon Garcia on behalf of Lease Savers Consulting LLC. Attorney Juan Ramon Garcia added to party Lease Savers Consulting LLC(pty:dft). (Garcia, Juan)
March 12, 2019 Filing 11 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, #5 Summons Returned Executed, #6 Summons Returned Executed, #8 Summons Returned Executed, #9 Summons Returned Executed, by Jacqueline DeFrancesco, Anthony Garcia. Attorney Juan Ramon Garcia added to party Jacqueline DeFrancesco(pty:dft), Attorney Juan Ramon Garcia added to party Anthony Garcia(pty:dft). (Attachments: #1 Text of Proposed Order)(Garcia, Juan)
March 4, 2019 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 Konica Minolta Business Solutions U.S.A., Inc.. Lease Savers LLC served on 2/26/2019, answer due 3/19/2019. (Stutin, Cathy)
March 4, 2019 Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Konica Minolta Business Solutions U.S.A., Inc.. Lease Savers Consulting LLC served on 2/25/2019, answer due 3/18/2019. (Stutin, Cathy)
March 4, 2019 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Konica Minolta Business Solutions U.S.A., Inc.. Anthony Garcia served on 2/25/2019, answer due 3/18/2019. (Stutin, Cathy)
March 1, 2019 Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Konica Minolta Business Solutions U.S.A., Inc.. Hector Nunez served on 2/22/2019, answer due 3/15/2019. (Stutin, Cathy)
March 1, 2019 Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Konica Minolta Business Solutions U.S.A., Inc.. Upswing Consulting LLC served on 2/18/2019, answer due 3/11/2019. (Stutin, Cathy)
March 1, 2019 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Konica Minolta Business Solutions U.S.A., Inc.. Jacqueline DeFrancesco served on 2/18/2019, answer due 3/11/2019. (Stutin, Cathy)
February 21, 2019 Filing 4 MOTION to Expedite Discovery In Aid of Preliminary Injunction Proceedings by Konica Minolta Business Solutions U.S.A., Inc.. Attorney Jennifer Boussy Carroll added to party Konica Minolta Business Solutions U.S.A., Inc.(pty:pla). (Carroll, Jennifer)
February 12, 2019 Filing 3 Summons Issued as to Jacqueline DeFrancesco, Anthony Garcia, Lease Savers Consulting LLC, Lease Savers LLC, Hector Nunez, Upswing Consulting LLC. (mee)
February 12, 2019 Filing 2 Clerks Notice of Judge Assignment to Senior Judge James Lawrence King. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (mee)
February 12, 2019 Filing 1 COMPLAINT For Injunctive Relief And Damages against Jacqueline DeFrancesco, Anthony Garcia, Lease Savers Consulting LLC, Lease Savers LLC, Hector Nunez, Upswing Consulting LLC. Filing fees $ 400.00 receipt number 113C-11389983, filed by Konica Minolta Business Solutions U.S.A., Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Jacqueline DeFrancesco, #3 Summon(s) Upswing Consulting LLC, #4 Summon(s) Anthony Garcia, #5 Summon(s) Lease Savers Consulting LLC, #6 Summon(s) Hector Nunez, #7 Summon(s) Lease Savers LLC)(Stutin, Cathy)

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Defendant: Jacqueline DeFrancesco
Represented By: Juan Ramon Garcia
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Defendant: Anthony Garcia
Represented By: Juan Ramon Garcia
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Defendant: Lease Savers Consulting LLC
Represented By: Juan Ramon Garcia
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Defendant: Hector Nunez
Represented By: William J Cantrell
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Defendant: Lease Savers LLC
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Defendant: Upswing Consulting LLC
Represented By: Juan Ramon Garcia
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Plaintiff: Konica Minolta Business Solutions U.S.A., Inc.
Represented By: Cathy Mattson Stutin
Represented By: Jennifer Boussy Carroll
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