Epluno Global Services LLC v. Bluhorne LLC et al
| Epluno Global Services LLC |
| Bluhorne LLC, Remington Schmidt, Todd Wright individually doing business as Wright Business Management and Kenley Cervera |
| 1:2022cv20043 |
| January 4, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 |
| None |
Docket Report
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| Filing 60 MOTION to Compel Arbitration by Bluhorne LLC, Kenley Cervera. Responses due by 3/18/2022 (Nunez, Paulino) |
| Set/Reset Deadlines/Hearings as to #57 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM ., Set/Reset Deadlines/Hearings as to #57 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM . (Amended Complaint due by 3/10/2022) per DE# 59 Order. Responses due by 3/3/2022 (ebz) |
Filing 59
PAPERLESS ORDER REGARDING DEFENDANT'S MOTION TO DISMISS #57 . THIS CAUSE came before the Court upon Defendant Todd Wright's ("Wright") Motion to Dismiss. #57 . Therein, Defendant Wright moves to dismiss Plaintiff's Complaint #1 for failure to state a claim upon which relief can be granted. See generally id. Without expressing any views as to the Motion's merits, the Court affords Plaintiff an opportunity to cure the purported pleading defects by granting Plaintiff leave to file an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Accordingly, Plaintiff is ORDERED to either amend its Complaint #1 on or before March 10, 2022, or respond to the Motion to Dismiss #57 on or before March 3, 2022. Signed by Judge K. Michael Moore on 2/25/2022. (thn)
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| Filing 58 Joint NOTICE of Mediator Selection. Selected/Added John S. Freud as Mediator. (Horton, Christopher) |
| Filing 57 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Todd Wright. Responses due by 3/10/2022 (Ferro, Simon) |
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Filing 56
OMNIBUS PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Bluhorne, LLC ("Bluhorne"), Defendant Todd Wright ("Wright"), and Defendant Kenly Cervera ("Cervera"), Motion for Substation of Counsel #54 and Gallivan, White & Boyd, P.A.'s ("GWB") Motion for Withdrawal of Appearance #55 . In the Motion #54 , Defendant Wright stipulates and agrees that Simon Ferro, Esq., of the Ferro Law Firm, P.A., should be substituted as counsel for Defendant Wright, and that GWB, Zachary L. Weaver, Esq., and Ioannis George Conits, Esq., should be relieved of any further responsibility in this case as to Defendant Wright. Id. at 1. Additionally, Defendant Bluhorne and Defendant Cervera stipulate and agree that Frank R. Rodriguez, Esq. and Paulino A. Nunez Jr., Esq., of Tramont & Nunez, P.A., shoul be substituted as counsel for Defendant Bluhorne and Defendant Ververa, and that GWB, Zachary L. Weaver, Esq., and Ioannis George Conits, Esq., should be relieved of any further responsibility in this case as to Defendant Bluhorne and Defendant Cervera. #54 at 1-2. In GWB's Motion #55 , GWB requests to withdraw as counsel as to Defendant Remmington Schmidt (Schmidt). GWB informs the Court that GWB advised Defendant Schmidt to retain new counsel because its representation was limited to representing Defendant Schmidt in the South Carolina District Court litigation, entitled Epluno Global Services, LLC v. Bluhorne, LLC et al., Case No. 21- cv-00566 (D.S.C.), which was subsequently transferred to this Court. #55 at 1. However, Defendant Schmidt has not advised as to whether he has retained counsel, and has stopped communicating with GWB. It is within a district court's discretion to permit or deny a motion to withdraw as counsel. See Patnaude v. Sears Pest Control, Inc., No. 08-61980-CIV, 2009 WL 10667065, at *2 (S.D. Fla. May 13, 2009); Reagan v. TitleMax of Ala., Inc., No. 5:09-cv-91/RS-MD, 2010 WL 11530503, at *1 (N.D. Fla. Apr. 15, 2010) (citing Baker v. Coto, 154 F. App'x 854, 858 (11th Cir. 2005)). Moreover, under federal law, a corporation cannot appear in federal court pro se and must be represented by counsel. See Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993) ("It has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel."); Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel.") (citations omitted). Here, the Court finds that Defendant Bluhorne, Defendant Wright, and Defendant Cervera will be adequately represented by other counsel who have been retained. With respect to Defendant Schmidt, the Court's concern regarding a corporation appearing pro se is not applicable, and the Court agrees with GWB that it would be appropriate to permit GWB to withdraw given that its retention was solely for the purposes of representing Defendant Schmidt in South Carolina. Accordingly, UPON CONSIDERATION of the Motions #54 #55 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motions #54 and #55 are GRANTED. It is hereby ORDERED AND ADJUDGED that GWB, Zachary L. Weaver, Esq., and Ioannis George Conits, Esq., shall be relieved of all further responsibilities related to the representation of Defendants, including Defendant Schmidt. The Clerk of Court is INSTRUCTED to remove Zachary L. Weaver, Esq. and Ioannis George Conits, Esq. as counsel for Defendants. The Clerk of Court is INSTRCUTED to add Simon Ferro, Esq. as counsel for Defendant Wright, and to add Frank R. Rodriguez, Esq. and Paulino A. Nunez Jr., Esq. as counsel for Defendant Bluhorne and Defendant Cervera. Signed by Judge K. Michael Moore on 2/15/2022. (thn)
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| Filing 55 MOTION to Withdraw as Attorney by Zachary L. Weaver, Ioannis G. Conits for / by Remington Schmidt. Responses due by 2/28/2022 (Weaver, Zachary) |
| Filing 54 STIPULATED MOTION for Substitution of Counsel. Substituting Simon Ferro, Frank R. Rodriguez, Paulino A. Nunez, Jr. for Zachary L. Weaver, Ioannis G. Conits by Bluhorne LLC, Kenley Cervera, Todd Wright. Responses due by 2/28/2022 (Weaver, Zachary) |
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Filing 53
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning December 5, 2022, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 2/9/2022. (thn)
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Filing 52
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two week trial period of December 5, 2022, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on December 1, 2022, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for November 22, 2022, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY"BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 2/9/2022. (thn) #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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| Filing 51 NOTICE of Filing Discovery: Rule 26(f) Conference Report and Discovery Plan by Epluno Global Services LLC. (Attachments: #1 Text of Proposed Order Plaintiff's Proposed Scheduling Order, #2 Text of Proposed Order Defendant's Proposed Scheduling Order)(Horton, Christopher) |
| Filing 50 NOTICE of Attorney Appearance by Simon Ferro on behalf of Todd Wright. Attorney Simon Ferro added to party Todd Wright (pty:dft). (Ferro, Simon) |
| Filing 49 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Zachary Lee Weaver re #47 Notice of Change of Address, Email or Law Firm Name. Attorney Zachary Lee Weaver has not completed the required procedures for updating their information with the Court. After filing something in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
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Filing 48
PAPERLESS ORDER. THIS CAUSE came before the Court upon Attorney Zachary L. Weaver's Notice of Withdrawal of Attorney #44 , which the Court has construed as a Motion to Withdraw as Counsel of Record. Therein, Attorney Zachary L. Weaver informs the Court that Zachary L. Weaver and Ioannis G. Conits, of Gallivan, White & Boyd, P.A., (hereinafter, "Defendants' Counsel") will no longer be representing Defendants in the above-captioned case. #44 However, Defendants have not retained other counsel to represent them in the above-captioned case. #44 It is within a district court's discretion to permit or deny a motion to withdraw as counsel. See Patnaude v. Sears Pest Control, Inc., No. 08-61980-CIV, 2009 WL 10667065, at *2 (S.D. Fla. May 13, 2009); Reagan v. TitleMax of Ala., Inc., No. 5:09-cv-91/RS-MD, 2010 WL 11530503, at *1 (N.D. Fla. Apr. 15, 2010) (citing Baker v. Coto, 154 F. App'x 854, 858 (11th Cir. 2005)). Moreover, under federal law, a corporation cannot appear in federal court pro se and must be represented by counsel. See Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993) ("It has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel."); Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel.") (citations omitted). Here, if Defendants' Counsel were to withdraw from representing Defendants, it would leave Defendant Bluhorne LLC ("Bluhorne"), a Florida limited liability company, without counsel. The Court cannot allow Defendants' Counsel to withdraw as counsel until such time as suitable replacement counsel is found. Defendants' Counsel are officers of the Court and are this Court's means of communication with Defendant Bluhorne. Accordingly, 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 to Withdraw as Counsel of Record for Defendant #44 is DENIED WITHOUT PREJUDICE. Defendants' Counsel may refile their request to withdraw after Defendants have retained new counsel. Signed by Judge K. Michael Moore on 1/19/2022. (thn)
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| Filing 47 NOTICE of Change of Address, Email or Law Firm Name by Zachary Lee Weaver (Weaver, Zachary) |
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Filing 46
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filing. #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 the Motion #45 is GRANTED. Matthew Elliott Cox may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: mecox@smithcurrie.com and asilldorff@smithcurrie.com. Signed by Judge K. Michael Moore on 1/18/2022. (thn)
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| Attorney Matthew Elliott Cox representing Epluno Global Services LLC (Plaintiff) Activated. (cw) |
| Filing 45 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew Elliott Cox. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #42 Motion to Appear Pro Hac Vice, by Epluno Global Services LLC. Responses due by 1/28/2022 (Horton, Christopher) |
| Filing 44 MOTION to Withdraw as Attorney by Zachary L. Weaver for / by Bluhorne LLC, Kenley Cervera, Remington Schmidt, Todd Wright. Responses due by 1/28/2022 (Attachments: #1 Certification)(Weaver, Zachary) |
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Filing 43
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filings. #42 . The attorney seeking admission pro hac vice did not include his contact information in his motion, pursuant to AO 2005-38. Accordingly, 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 #42 is DENIED. Signed by Judge K. Michael Moore on 1/13/2022. (thn)
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| Filing 42 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew Elliott Cox. Filing Fee $ 200.00 Receipt # AFLSDC-15310131 by Epluno Global Services LLC. Responses due by 1/25/2022 (Attachments: #1 Certification Certification of Matthew Elliott Cox)(Horton, Christopher) |
| Filing 41 NOTICE of Attorney Appearance by Christopher Michael Horton on behalf of Epluno Global Services LLC. Attorney Christopher Michael Horton added to party Epluno Global Services LLC(pty:pla). (Horton, Christopher) |
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Filing 40
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. 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 Lauren F. Louis 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 Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 1/5/2022. (thn)
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Filing 39
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon Clerk's Notice of Judge Assignment 37 . Counsel for Plaintiff Epluno Global Services LLC is hereby ORDERED to forward a copy of this Order to all other parties. 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 within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. 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 possibility of 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. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. 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 Judge K. Michael Moore on 1/5/2022. (thn)
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| Filing 38 Bar Letter re: Admissions sent to attorney Matthew Elliott Cox and Ioannis George Conits, mailing date January 4, 2022, (pt) |
| Filing 37 Clerks Notice of Judge Assignment to Judge K. Michael Moore. 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. (bb) |
| Filing 36 Case transferred in from South Carolina; Case Number 7:21-cv-00566. Electronic file consisting of documents numbered 1 - 35, including transfer order and docket sheet received. .(bb). |
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Filing 34
ORDER: The parties' consent motion to (1) transfer this case to the Southern District of Florida, (2) withdraw Bluhorne's motion to dismiss or, in the alternative, stay pending arbitration (Doc. #22 ), Epluno's Response (Doc. #23 ), and Bluhorne's Reply to the Response (Doc. #24 ), and (3) the Defendants filing a response to the Complaint in the Southern District of Florida pursuant to the Scheduling Order is hereby GRANTED. Signed by Honorable Donald C Coggins, Jr on 1/4/22.(alew, )
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| SYSTEM ENTRY - Docket Entry 35 [transfer] restricted/sealed until further notice. (bb) |
| SYSTEM ENTRY - Docket Entry 33 [misc] restricted/sealed until further notice. (bb) |
| Filing 32 Consent MOTION to Transfer Case by Epluno Global Services LLC. Response to Motion due by 1/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Cox, Matthew) |
| Filing 31 BILL OF COSTS as per #26 Order Granting Motion to Set Aside Individual Defaults by Epluno Global Services LLC.Objections to Bill of Costs deadline 12/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Bill of Costs Breakdown, #2 Affidavit of Attorney Cox)(Cox, Matthew) Modified on 12/14/2021 to add linkage, to remove duplicate text (alew, ). |
| SYSTEM ENTRY - Docket Entry 30 [utility] restricted/sealed until further notice. (bb) |
| Filing 29 MINUTE ENTRY: telephone conference held with the Honorable Donald C. Coggins, Jr. The parties are directed to confer and submit documents appropriate to the matter discussed to the Court by December 21, 2021. (alew, ) |
| SYSTEM ENTRY - Docket Entry 27 [utility] restricted/sealed until further notice. (bb) |
| Filing 28 NOTICE of Hearing: Telephone Status Conference set for Tuesday, 12/7/2021 02:00 PM before Honorable Donald C Coggins Jr. Plaintiff's counsel is directed to arrange and initiate the conference call, conference in all other participating counsel, and then connect to chambers at 864-591-5340. (alew, ) |
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Filing 26
ORDER granting #16 Motion to Set Aside Default as set out. Signed by Honorable Donald C Coggins, Jr on 12/2/21.(alew, )
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| SYSTEM ENTRY - Docket Entry 25 [misc] restricted/sealed until further notice. (bb) |
| Filing 24 REPLY to Response to Motion re #22 MOTION to Dismiss Or, In The Alternative, Stay Pending Arbitration MOTION to Stay Response filed by Bluhorne LLC. (Weaver, Zachary) |
| Filing 23 RESPONSE in Opposition re #22 MOTION to Dismiss Or, In The Alternative, Stay Pending Arbitration MOTION to Stay Response filed by Epluno Global Services LLC.Reply to Response to Motion due by 7/23/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Donavin BOL Feedback)(Cox, Matthew) |
| Filing 22 MOTION to Dismiss Or, In The Alternative, Stay Pending Arbitration by Bluhorne LLC. Response to Motion due by 7/16/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Purchase Agreement, #2 Exhibit Waiver Agreement, #3 Exhibit Elox Corp. v. Colt Industries, Inc.)No proposed order.(Weaver, Zachary). Added MOTION to Stay on 7/6/2021; modified to add motion relief (alew, ). |
| SYSTEM ENTRY - Docket Entry 20 [misc] restricted/sealed until further notice. (bb) |
| Filing 21 LETTER EXTENDING TIME TO ANSWER Bluhorne LLC answer due 7/2/2021. (Weaver, Zachary) |
| Filing 19 REPLY to Response to Motion re #16 MOTION to Set Aside Default Response filed by Kenley Cervera, Remington Schmidt, Todd Wright. (Weaver, Zachary) |
| Filing 18 RESPONSE in Opposition re #16 MOTION to Set Aside Default Response filed by Epluno Global Services LLC.Reply to Response to Motion due by 6/4/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Affidavit Cox Declaration, #2 Exhibit Cox email re Complaint filing, #3 Exhibit Service attempt on Wright, #4 Exhibit Buser email regarding no acceptance, #5 Exhibit Annual Report of Bluhorne, #6 Exhibit Service attempt on Bluhorne, #7 Exhibit Orellana email to Cox, #8 Exhibit Cox email to Orellana and Torrente, #9 Exhibit Orellana email re no acceptance, #10 Exhibit Due Diligence and Nonservice on Schmidt, #11 Affidavit Gramling Declaration, #12 Exhibit Bluhorne promotional, #13 Exhibit Gramling email re escrow release, #14 Exhibit McCluer email re escrow agent fee, #15 Exhibit Wright email re wire confirmation, #16 Exhibit Medcare report, #17 Affidavit McMullen Declaration, #18 Exhibit Communications Report, #19 Exhibit McMullen email re Bluhorne Epluno documents, #20 Affidavit Scapatici Declaration, #21 Exhibit email with Scapatici-Schmidt WhatsApp notes, #22 Exhibit Letter to Stuart McCluer, #23 Affidavit King Declaration, #24 Exhibit 2021 01 06 letter to McCluer, #25 Exhibit 2021 01 15 letter to McCluer, #26 Exhibit Matson screenshot, #27 Exhibit Matson screenshot, #28 Exhibit Matson - CLX service, #29 Exhibit King email re open contract follow up, #30 Exhibit King email re follow up, #31 Exhibit King email re follow up, #32 Exhibit King email re next steps)(Cox, Matthew) (Main Document 18 replaced on 6/1/2021: to replace with corrected document (footnote size) as provided by filing user) (kmca). |
| Filing 17 ACCEPTANCE OF SERVICE OF COMPLAINT by Bluhorne LLC. Bluhorne LLC served on 5/21/2021, answer due 6/11/2021. (Conits, Ioannis) |
| Filing 16 MOTION to Set Aside Default by Kenley Cervera, Remington Schmidt, Todd Wright. Response to Motion due by 5/28/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Declaration of Remington Schmidt, #2 Exhibit December 18, 2020 Corp Invoice, #3 Exhibit December 20, 2020 Purchase Agmt, #4 Exhibit Waiver Agmt, #5 Exhibit Jan 1, 2021 Corporate Invoice, #6 Exhibit DHL, #7 Exhibit Bill of Lading, #8 Exhibit Photograph, #9 Exhibit Declaration of Kenley Cervera, #10 Exhibit 12.16.20 Irrevocable Purchasing Order, #11 Exhibit December 18, 2020 Corporate Invoice, #12 Exhibit December 20, 2020 Purchase Agmt, #13 Exhibit Waiver Agreement, #14 Exhibit Escrow Agreement, #15 Exhibit Jan 1 2021 Corporate Invoice, #16 Exhibit Draft Bill of Lading and Inspection Report, #17 Exhibit Draft Bill of Lading and Inspection Report, #18 Exhibit Bill of Lading, #19 Exhibit Declaration of Todd Wright, #20 Exhibit Wire Transactions for Bluhorne Epluno Deal)No proposed order.(Weaver, Zachary) |
| SYSTEM ENTRY - Docket Entry 14 [utility] restricted/sealed until further notice. (bb) |
| SYSTEM ENTRY - Docket Entry 15 [utility] restricted/sealed until further notice. (bb) |
| Filing 13 NOTICE of Appearance by Zachary Lee Weaver on behalf of Bluhorne LLC, Kenley Cervera, Remington Schmidt, Todd Wright (Weaver, Zachary) |
| Filing 12 Clerk's ENTRY OF DEFAULT as to Remington Schmidt (alew, ) |
| Filing 11 REQUEST FOR ENTRY OF DEFAULT as to Remington Schmidt byEpluno Global Services LLC. (Attachments: #1 Exhibit Affidavit of Matthew E. Cox, #2 Exhibit Affidavit of Service)(Cox, Matthew) |
| Filing 10 Clerk's ENTRY OF DEFAULT as to Kenley Cervera, Todd Wright (alew, ) |
| Filing 9 REQUEST FOR ENTRY OF DEFAULT as to Todd Wright byEpluno Global Services LLC. (Attachments: #1 Affidavit of Matthew E. Cox)(Cox, Matthew) Modified on 4/16/2021 to edit text (alew, ). |
| Filing 8 REQUEST FOR ENTRY OF DEFAULT as to Kenley Cervera byEpluno Global Services LLC. (Attachments: #1 Affidavit of Matthew E. Cox )(Cox, Matthew) Modified on 4/16/2021 to edit text (alew, ). |
| Filing 7 SUMMONS Returned Executed by Epluno Global Services LLC. Kenley Cervera served on 3/19/2021, answer due 4/9/2021. (Attachments: #1 Affidavit)(Cox, Matthew) |
| Filing 6 SUMMONS Returned Executed by Epluno Global Services LLC. Remington Schmidt served on 3/29/2021, answer due 4/19/2021. (Attachments: #1 Affidavit)(Cox, Matthew) |
| Filing 5 SUMMONS Returned Executed by Epluno Global Services LLC. Todd Wright served on 3/16/2021, answer due 4/6/2021. (Attachments: #1 Affidavit)(Cox, Matthew) |
| Filing 4 Summons Issued as to Bluhorne LLC, Kenley Cervera, Remington Schmidt, Todd Wright. (Attachments: #1 Summons Remington Schmidt, #2 Summons Todd Wright, #3 Summons Kenley Cervera)(alew, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Epluno Global Services LLC.(alew, ) |
| Filing 2 CIVIL COVER SHEET - Private Entry. (alew, ) |
| Filing 1 COMPLAINT against Bluhorne LLC, Kenley Cervera, Remington Schmidt, Todd Wright ( Filing fee $ 402 receipt number 0420-9671164.), filed by Epluno Global Services LLC. Service due by 5/25/2021 (Attachments: #1 Exhibit A-Bluhorne LLC Corporate Invoice No: 3125, #2 Exhibit B-Purchase Agreement, #3 Exhibit C-Waiver Agreement)(alew, ) |
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