Solar Eclipse Investment Fund VII, LLC et al v. T-Mobile USA, Inc. et al
| Solar Eclipse Investment Fund VIII, LLC, Solar Eclipse Investment Fund XXXII, LLC, Solar Eclipse Investment Fund XXXV, LLC, Solar Eclipse Investment Fund VII, LLC, Solar Eclipse Investment Fund XXVII, LLC and Solar Eclipse Investment Fund XIV, LLC |
| T-Mobile USA, Inc., Marshall & Stevens, Inc. and International Speedway Corporation |
| 1:2020cv25257 |
| December 27, 2020 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Edwin G Torres |
| Other Fraud |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 5, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 38 REPLY to Response to Motion re #14 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by T-Mobile USA, Inc.. (Massey, David) |
Filing 37
PAPERLESS ORDER granting #35 ISC's Motion for Extension of Time to File a Reply in Support of Motion to Dismiss for good cause shown in the unopposed motion and for the time period requested. ISC's Reply in support of its Motion to Dismiss is now due on or before March 5, 2021. Signed by Magistrate Judge Edwin G. Torres on 2/22/2021. (js02)
|
|
Filing 36
PAPERLESS ORDER granting #34 T-Mobile's Motion for Leave to File Excess Pages for good cause shown in the unopposed motion. T-Mobile may file a reply that does not exceed thirteen (13) pages. Signed by Magistrate Judge Edwin G. Torres on 2/22/2021. (js02)
|
| Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #22 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by International Speedway Corporation. (Folland, Robert) |
| Filing 34 Unopposed MOTION for Leave to File Excess Pages For Reply in Support of Motion to Dismiss by T-Mobile USA, Inc.. (Attachments: #1 Text of Proposed Order)(Massey, David) |
| Filing 33 RESPONSE in Opposition re #22 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Solar Eclipse Investment Fund VII, LLC, Solar Eclipse Investment Fund VIII, LLC, Solar Eclipse Investment Fund XIV, LLC, Solar Eclipse Investment Fund XXVII, LLC, Solar Eclipse Investment Fund XXXII, LLC, Solar Eclipse Investment Fund XXXV, LLC. Replies due by 2/26/2021. (Lombana, Hector) |
|
Filing 32
PAPERLESS ORDER granting #28 Plaintiffs' Motion for Extension of Time to File a Response to ISC's Motion to Dismiss for good cause shown in the unopposed motion and for the time period requested. Plaintiffs' Response to ISC's Motion to Dismiss is now due on or before February 19, 2021. Signed by Magistrate Judge Edwin G. Torres on 2/16/2021. (js02)
|
|
Filing 31
PAPERLESS ORDER granting #26 T-Mobile's Motion for Extension of Time to File a Reply in Support of the Motion to Dismiss for good cause shown and the time period requested in the unopposed motion. T-Mobile's Reply is now due on or before February 22, 2021. Signed by Magistrate Judge Edwin G. Torres on 2/16/2021. (js02)
|
| Filing 30 REPORT AND RECOMMENDATION re #7 MOTION to Remand to State Court filed by Solar Eclipse Investment Fund VIII, LLC, Solar Eclipse Investment Fund XXXII, LLC, Solar Eclipse Investment Fund XIV, LLC, Solar Eclipse Investment Fund XXXV, LLC, Solar Eclipse Investment Fund XXVII, LLC, Solar Eclipse Investment Fund VII, LLC. Recommending that Plaintiffs' Motion to Remand be GRANTED as to ISC and DENIED as to T-Mobile. Objections to R&R due by 3/2/2021. Signed by Magistrate Judge Edwin G. Torres on 2/16/2021. See attached document for full details. (js02) |
| Filing 29 MOTION to Stay re #1 Notice of Removal (State Court Complaint), or, in the Alternative,, MOTION for Extension of Time to Respond to Complaint re #1 Notice of Removal (State Court Complaint), by Marshall & Stevens, Inc.. Attorney Kristin Drecktrah Paz added to party Marshall & Stevens, Inc.(pty:dft). Responses due by 3/1/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Paz, Kristin) |
| Filing 28 MOTION for Extension of Time to File Response/Reply/Answer as to #22 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Solar Eclipse Investment Fund VII, LLC, Solar Eclipse Investment Fund VIII, LLC, Solar Eclipse Investment Fund XIV, LLC, Solar Eclipse Investment Fund XXVII, LLC, Solar Eclipse Investment Fund XXXII, LLC, Solar Eclipse Investment Fund XXXV, LLC. (Attachments: #1 Text of Proposed Order)(Lombana, Hector) |
| Filing 27 SUPPLEMENT to #21 Response in Opposition to Motion, by International Speedway Corporation (Attachments: #1 Exhibit 3- M&S State Court Filing)(Folland, Robert) |
| Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #23 Response in Opposition to Motion, Motion to Dismiss by T-Mobile USA, Inc.. (Attachments: #1 Exhibit A)(Massey, David) |
| Filing 25 REPLY to #21 Response in Opposition to Motion, by Solar Eclipse Investment Fund VII, LLC, Solar Eclipse Investment Fund VIII, LLC, Solar Eclipse Investment Fund XIV, LLC, Solar Eclipse Investment Fund XXVII, LLC, Solar Eclipse Investment Fund XXXII, LLC, Solar Eclipse Investment Fund XXXV, LLC. (Lombana, Hector) |
| Filing 24 REPLY to #20 Response to Motion, by Solar Eclipse Investment Fund VII, LLC, Solar Eclipse Investment Fund VIII, LLC, Solar Eclipse Investment Fund XIV, LLC, Solar Eclipse Investment Fund XXVII, LLC, Solar Eclipse Investment Fund XXXII, LLC, Solar Eclipse Investment Fund XXXV, LLC. (Lombana, Hector) |
| Filing 23 RESPONSE in Opposition re #14 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Solar Eclipse Investment Fund VII, LLC, Solar Eclipse Investment Fund VIII, LLC, Solar Eclipse Investment Fund XIV, LLC, Solar Eclipse Investment Fund XXVII, LLC, Solar Eclipse Investment Fund XXXII, LLC, Solar Eclipse Investment Fund XXXV, LLC. Replies due by 2/10/2021. (Lombana, Hector) |
| Filing 22 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by International Speedway Corporation. Responses due by 2/12/2021 (Folland, Robert) |
| Filing 21 RESPONSE in Opposition re #7 MOTION to Remand to State Court filed by International Speedway Corporation. Replies due by 2/4/2021. (Attachments: #1 Exhibit 1- Kelleher Declaration, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 1C, #5 Exhibit 1D, #6 Exhibit 2- Receiver Action Complaint)(Folland, Robert) |
| Filing 20 RESPONSE to Motion re #7 MOTION to Remand to State Court filed by T-Mobile USA, Inc.. Replies due by 2/4/2021. (Attachments: #1 Exhibit 1 - Hansen's Plea Agreement, #2 Exhibit 2 - Cohnreznick Complaint)(Massey, David) |
|
Filing 19
PAPERLESS ORDER granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Mark Owens; granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Donald Rea; granting #18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ashley Fellona. The Court finds that the applications satisfy the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add Mark Owens, Donald Rea, and Ashley Fellona as counsel of record for International Speedway Corporation and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 1/22/2021. (js02)
|
| Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ashley N Fellona. Filing Fee $ 200.00 Receipt # AFLSDC-14263014 by International Speedway Corporation. Responses due by 2/5/2021 (Attachments: #1 Certification of Ashley N Fellona, #2 Text of Proposed Order Granting Motion to Appear)(Folland, Robert) |
| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Donald A Rea. Filing Fee $ 200.00 Receipt # AFLSDC-14262915 by International Speedway Corporation. Responses due by 2/5/2021 (Attachments: #1 Certification of Donald A Rea, #2 Text of Proposed Order Granting Motion to Appear)(Folland, Robert) |
| Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark K Owens. Filing Fee $ 200.00 Receipt # AFLSDC-14262674 by International Speedway Corporation. Responses due by 2/5/2021 (Attachments: #1 Certification of Mark K. Owens, #2 Text of Proposed Order Proposed Order Granting Motion to Appear)(Folland, Robert) |
|
Filing 15
PAPERLESS ORDER granting #12 T-Mobile USA, Inc.'s Motion for an Extension of Time to File a Response to Plaintiffs' Motion to Remand; granting #13 International Speedway Corporation's Motion for an Extension of Time to File a Response to Plaintiffs' Motion to Remand. The unopposed motions for an extension of time are granted for good cause shown and for the time periods requested. The responses to the motion to remand are now due on or before 1/28/2021. Signed by Magistrate Judge Edwin G. Torres on 1/22/2021. (js02)
|
| Filing 14 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by T-Mobile USA, Inc.. Responses due by 2/3/2021 (Attachments: #1 Exhibit 1)(Massey, David) |
| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #7 MOTION to Remand to State Court by International Speedway Corporation. (Attachments: #1 Exhibit Proposed Order)(Folland, Robert) |
| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs Solar Eclipse Investment Funds VII, VIII, XIV, XXVII, XXXII, and XXXVs (the Funds) Motion to Remand [ECF No. 7] by T-Mobile USA, Inc.. (Attachments: #1 Exhibit A)(Massey, David) |
| Filing 11 NOTICE by International Speedway Corporation re #1 Notice of Removal (State Court Complaint), and Consent to Removal (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5) (Folland, Robert) |
| Filing 10 Defendant's Corporate Disclosure Statement by T-Mobile USA, Inc. identifying Corporate Parent T-Mobile US, Inc., Other Affiliate Deutsche Telekom AG, Other Affiliate T-Mobile Global Holding GmbH, Other Affiliate 2.Deutsche Telekom Holding B.V., Other Affiliate T-Mobile Global Holding GmbH, a Gesellschaft mit beschrnkter Haftung for T-Mobile USA, Inc. (Massey, David) |
| Filing 9 Corporate Disclosure Statement by International Speedway Corporation identifying Corporate Parent NASCAR Holdings LLC for International Speedway Corporation (Folland, Robert) |
| Filing 8 NOTICE of Attorney Appearance by Robert C. Folland on behalf of International Speedway Corporation. Attorney Robert C. Folland added to party International Speedway Corporation(pty:dft). (Folland, Robert) |
| Filing 7 MOTION to Remand to State Court by Solar Eclipse Investment Fund VII, LLC, Solar Eclipse Investment Fund VIII, LLC, Solar Eclipse Investment Fund XIV, LLC, Solar Eclipse Investment Fund XXVII, LLC, Solar Eclipse Investment Fund XXXII, LLC, Solar Eclipse Investment Fund XXXV, LLC. (Lombana, Hector) |
|
Filing 6
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge Darrin P. Gayles (hs01)
|
|
Filing 5
PAPERLESS ORDER granting #3 Defendant T-Mobile USA, Inc.'s Unopposed Motion for Extension of Time to Respond to the Funds' Complaint. Defendant T-Mobile USA, Inc. shall file its response to the Complaint on or before January 20, 2021. Signed by Judge Darrin P. Gayles (mcy)
|
| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (mcy) |
| Filing 3 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Complaint by T-Mobile USA, Inc.. (Attachments: #1 Exhibit A)(Massey, David) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (mee) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-14106346,no answer/affirmative defenses filed by T-Mobile USA, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Complaint, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Massey, David)Text Modified on 12/28/2020 (mee). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
