Mitsubishi HC Capital America, Inc. v. Aerospace Asset Trading, LLC et al
| Mitsubishi HC Capital America, Inc., f/k/a Hitachi Capital America Corp., Mitsubishi HC Capital America, Inc. and Hitachi Capital America Corp. |
| Aerospace Asset Trading, LLC and Steven M. Polederos, Aerospace Asset Trading, LLC and Steven M. Polederos |
| 1:2022cv20074 |
| January 6, 2022 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Kathleen M Williams |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 25, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 REPORT AND RECOMMENDATION re #12 MOTION to Set Aside Default. Recommending that the Court grant the Motion. Objections to R&R due by 3/8/2022. Signed by Magistrate Judge Chris M. McAliley on 3/1/2022. See attached document for full details. (rr00) |
Filing 14
PAPERLESS ORDER. THIS MATTER is before the Court on #9 Defendants' Unopposed Motion for Extension of Time to Respond to the Complaint. On February 2, 2022, Plaintiff filed #6 #7 proof of service, reflecting service on Defendants on January 31, 2022, making their responses/answers to #1 the Complaint due on or before February 22, 2022. However, as discussed in the Court's February 23, 2022 Paperless Order Directing Clerk to Enter Default, Defendants did not appear or file a responsive pleading before this date. Further, #5 the Court's Order of Referral and Notice of Court Practice and Procedures ordered the Parties to "adhere to the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, Judge Williams's Court Practices and Procedures, and Judge McAliley's Discovery Procedures." The Court's Practices and Procedures state in relevant part, "Absent an emergency, requests for extensions of time must be presented to the Court, by motion, no later than 48 hours prior to the deadline from which the Parties are seeking relief." Defendants did not file the #9 instant Motion for Extension until the day after the February 22, 2022 deadline and until after the Court directed the Clerk of Court to enter default. Therefore, #9 the Motion for Extension is improper and untimely. Further, Defendants raised the same issues in their #12 Motion to Set Aside Default, which has now been referred to Magistrate Judge McAliley for a report and recommendation. Accordingly, it is ORDERED AND ADJUDGED that #9 Defendants' Unopposed Motion for Extension of Time to Respond to the Complaint is DENIED. Signed by Judge Kathleen M. Williams on 2/24/2022. (sgm)
|
|
Filing 13
PAPERLESS ORDER REFERRING MOTION TO MAGISTRATE JUDGE. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, it is ORDERED AND ADJUDGED that #12 Defendants' Motion to Set Aside Default is REFERRED to Magistrate Judge Chris M. McAliley for a report and recommendation. Signed by Judge Kathleen M. Williams on 2/24/2022. (sgm)
|
| Filing 12 MOTION to Set Aside Default by Aerospace Asset Trading, LLC, Steven M. Polederos. (Attachments: #1 Exhibit A Proposed Order)(Jacobs, Eric) |
| Filing 11 Clerks Entry of Default as to Aerospace Asset Trading, LLC, Steven M. Polederos Re: 8 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 2/23/2022. (pes) |
| Filing 10 NOTICE of Attorney Appearance by Glenn David Moses on behalf of Aerospace Asset Trading, LLC, Steven M. Polederos. Attorney Glenn David Moses added to party Aerospace Asset Trading, LLC(pty:dft), Attorney Glenn David Moses added to party Steven M. Polederos (pty:dft). (Moses, Glenn) |
| Filing 9 Unopposed MOTION for Extension of Time to Respond to the Complaint re #1 Complaint, by Aerospace Asset Trading, LLC, Steven M. Polederos. Attorney Eric David Jacobs added to party Aerospace Asset Trading, LLC(pty:dft), Attorney Eric David Jacobs added to party Steven M. Polederos (pty:dft). Responses due by 3/9/2022 (Attachments: #1 Exhibit Proposed Order)(Jacobs, Eric) |
|
Filing 8
PAPERLESS ORDER DIRECTING CLERK TO ENTER DEFAULT AGAINST DEFENDANTS AEROSPACE ASSET TRADING, LLC AND STEVEN M. POLEDEROS. On February 2, 2022, Plaintiff filed #6 #7 proof of service, reflecting service on Defendants Aerospace Asset Trading, LLC and Steven M. Polederos on January 31, 2022, making their responses/answers to #1 the Complaint due on or before February 22, 2022. To date, Defendants Aerospace Asset Trading, LLC and Steven M. Polederos have not appeared or filed a responsive pleading to #1 the Complaint. The Federal Rules of Civil Procedure provide that the Clerk of Court must enter default against any defendant who has failed to plead or otherwise defend. See Fed. R. Civ. P. 55.Accordingly, it is ORDERED AND ADJUDGED as follows:The Clerk of Court is directed to ENTER DEFAULT JUDGMENT against Defendants Aerospace Asset Trading, LLC and Steven M. Polederos.Further, on or before March 25, 2022, Plaintiff shall file a motion for default final judgment against Defendants Aerospace Asset Trading, LLC and Steven M. Polederos and serve it in accordance with Fed. R. Civ. P. 55(b)(2). The motion must be accompanied by a proposed final default 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 2/23/2022. (sgm)
|
| 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 Mitsubishi HC Capital America, Inc.. Steven M. Polederos served on 1/31/2022, response/answer due 2/22/2022. (Samuel, Sherilee) |
| 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 Mitsubishi HC Capital America, Inc.. Aerospace Asset Trading, LLC served on 1/31/2022, response/answer due 2/22/2022. (Samuel, Sherilee) |
|
Filing 5
ORDER REFERRING CASE to Magistrate Judge Chris M. McAliley for Pretrial Non-Dispositive Matters, and NOTICE of Court Practice and Procedures. Signed by Judge Kathleen M. Williams on 1/7/2022. See attached document for full details. (pes)
|
| Filing 4 Summons Issued as to Aerospace Asset Trading, LLC, Steven M. Polederos. (kpe) |
| 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. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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. (kpe) |
| Filing 1 COMPLAINT against Aerospace Asset Trading, LLC and Steven M. Polederos. Filing fees $ 402.00 receipt number AFLSDC-15297803, filed by Mitsubishi HC Capital America, Inc., f/k/a Hitachi Capital America Corp.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Civil Cover Sheet, #10 Summon(s), #11 Summon(s))(Samuel, Sherilee) |
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.
