Frankenmuth Mutual Insurance Company v. Pac Comm, Inc. et al
| Frankenmuth Mutual Insurance Company |
| Pac Comm, Inc. and Emmanuel E Pacin |
| 1:2020cv24064 |
| October 5, 2020 |
| US District Court for the Southern District of Florida |
| Joan A Lenard |
| Lauren Fleischer Louis |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 29
Omnibus Order re #14 #15 #16 and #24 . Signed by Magistrate Judge Lauren Fleischer Louis on 12/1/2020. See attached document for full details. (agn)
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| Filing 28 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Motion Hearing held on 11/30/2020 re #14 , #15 Defendant's Motion for Extension of Time, #16 Plaintiff's Motion to Expedite Ruling on Motion for Preliminary Injunction. Parties to adhere to the Court's rulings and deadlines as stated on the record. Written order to follow. Total time in court: 43 minutes. Attorney Appearance(s): Edward Etcheverry, Steve Kerbel, Teressa Tylman. Defendant Emmanuel Pacin also appeared at this hearing. (AT&T.11.30.2020) (aw) |
| Filing 27 NOTICE by Frankenmuth Mutual Insurance Company re #16 Motion for Hearing, #12 MOTION for Preliminary Injunction to Compel Posting of Collateral and Incorporated Memorandum of Law (of Filing Redacted November 10, 2020 Final Judgment) (Attachments: #1 Exhibit A) (Etcheverry, Edward) |
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Filing 26
PAPERLESS ORDER REFERRING to Magistrate Judge Lauren Fleischer Louis #24 Motion for Court's Default (and all related pleadings). This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/30/2020. (gie)
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| Filing 25 NOTICE of Compliance with Court Order and Local Rule 7.1 by Frankenmuth Mutual Insurance Company re 19 Order Setting Hearing on Motion,,,,,,,, (Etcheverry, Edward) |
| Filing 24 MOTION for Court's Default against Pac Comm, Inc. by Frankenmuth Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Court's Default)(Kerbel, Steve) |
| Filing 23 Clerks Non-Entry of Default as to Pac Comm, Inc. - Motions Terminated: #22 Motion for Clerks Entry of Default. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed Signed by DEPUTY CLERK on 11/30/2020. (drz) |
| Filing 22 MOTION for Clerks Entry of Default as to Pac Comm, Inc. by Frankenmuth Mutual Insurance Company. (Attachments: #1 Exhibit A)(Kerbel, Steve) |
| Filing 21 NOTICE of Compliance with Court Order by Frankenmuth Mutual Insurance Company re 19 Order Setting Hearing on Motion,,,,,,,, (Attachments: #1 Exhibit A) (Etcheverry, Edward) |
| Filing 20 MEMORANDUM in Opposition re #14 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, MOTION for Extension of Time to Retain Counsel, #15 MOTION for Extension of Time to Retain Counsel re #1 Complaint, MOTION for Extension of Time to File Response/Reply/Answer by Frankenmuth Mutual Insurance Company. (Etcheverry, Edward) |
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Filing 19
PAPERLESS ORDER Setting Motion Hearing on #14 #15 Defendant's Motion for Extension of Time and #16 Plaintiff's Motion to Expedite Ruling on Motion for Preliminary Injunction. A hearing will be conducted on November 30, 2020 at 2:00 PM at United States District Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida, 33128.Telephonic appearance is permitted by dialing: 1 (866) 434-5269, enter access code number 9978869 followed by the (#) sign, enter security code number 5710 followed by the (#) sign. Neither Defendant's Motion for Extension of Time nor Plaintiff's Motion to Expedite certifies whether the relief is opposed by the other party. Similarly, neither motion identifies facts sufficient to support good cause for the relief sought therein. Before either motion is decided, the parties are instructed to confer as required by Local Rule 7.1 in effort to determine the extent to which they may agree upon the relief sought.Corporate Defendant Pac Comm, Inc. is cautioned that it must retain counsel in order to appear at the hearing. Federal law clearly establishes that a corporation cannot appear pro se and must be represented by counsel. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (11th Cir. 1985); National Independent Theater Exhibitors, Inc. v. Buena Vista Distribution Co., 748 F.2d 602, 609 (11th Cir. 1985); see also Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993) ("[i]t has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel."). Finally, counsel for Plaintiff shall provide notice of this Order to Defendants by close of business on November 25, 2020. Notice that is reasonably calculated to reach Defendants shall suffice, including by notifying general counsel for corporate Defendant as described in #14 #15 . Signed by Magistrate Judge Lauren Fleischer Louis on 11/24/2020. (agn)
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| Filing 18 Clerks Notice to Filer re #16 Supplement,. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (ra) |
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Filing 17
PAPERLESS ORDER REFERRING to Magistrate Judge Lauren Fleischer Louis #12 Plaintiff's Motion for Preliminary Injunction to Compel Posting of Collateral (and all related pleadings); and REFERRING to Magistrate Judge Lauren Fleischer Louis #14 & #15 Motion for Extension of Time to Respond to the Complaint. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/24/2020. (gie)
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| Filing 16 SUPPLEMENT to #12 MOTION for Preliminary Injunction to Compel Posting of Collateral and Incorporated Memorandum of Law and REQUEST for Expedited Consideration by Frankenmuth Mutual Insurance Company (Attachments: #1 Exhibit A)(Etcheverry, Edward) Modified event to convert into a Motion on 11/24/2020 (ra). |
| Filing 15 MOTION for Extension of Time to Retain Counsel re #1 Complaint, ( Responses due by 12/8/2020), MOTION for Extension of Time to File Answer by Pac Comm, Inc., Emmanuel E Pacin. (drz) |
| Filing 14 MOTION for Extension of Time to File a Pro Se Response as to #1 Complaint,, MOTION for Extension of Time to Retain Counsel ( Responses due by 12/7/2020) by Emmanuel E Pacin. (drz) |
| Filing 13 NOTICE by Frankenmuth Mutual Insurance Company re #12 MOTION for Preliminary Injunction to Compel Posting of Collateral and Incorporated Memorandum of Law (Kerbel, Steve) |
| Filing 12 MOTION for Preliminary Injunction to Compel Posting of Collateral and Incorporated Memorandum of Law by Frankenmuth Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Etcheverry, Edward) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Frankenmuth Mutual Insurance Company. Emmanuel E Pacin served on 11/3/2020, answer due 11/24/2020. (Etcheverry, Edward) |
| 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 Frankenmuth Mutual Insurance Company. Pac Comm, Inc. served on 11/3/2020, answer due 11/24/2020. (Etcheverry, Edward) |
| Filing 9 Alias Summons Issued as to Emmanuel E Pacin. (drz) |
| Filing 8 Alias Summons Issued as to Pac Comm, Inc.. (drz) |
| Filing 7 NOTICE of Filing Proposed Summons(es) (Alias) by Frankenmuth Mutual Insurance Company (Attachments: #1 Summon(s), #2 Summon(s)) (Kerbel, Steve) |
| Filing 6 Summons Issued as to Pac Comm, Inc. (drz) |
| Filing 5 Summons Issued as to Emmanuel E Pacin. (drz) |
| Filing 4 NOTICE of Filing Proposed Summons(es) by Frankenmuth Mutual Insurance Company (Attachments: #1 Summon(s), #2 Summon(s)) (Kerbel, Steve) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (drz) |
| Filing 1 COMPLAINT For Damages, Injunctive and Other Equitable Relief against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13637720, filed by Frankenmuth Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Civil Cover Sheet)(Etcheverry, Edward) |
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