Canyon Capital VI LLC v. Grgek et al
Plaintiff: Canyon Capital VI, LLC
Defendant: Robert Thomas Grgek doing business as American Yacht & Customs, Erick Giles, Jodi Goldman and Extreme Marine, Inc.
Case Number: 1:2022cv22179
Filed: July 15, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Chris M McAliley
Referring Judge: Kathleen M Williams
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2022 Filing 22 RESPONSE in Opposition re #20 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by Canyon Capital VI, LLC. Replies due by 9/20/2022. (Attachments: #1 Exhibit A - SunBiz Records, #2 Exhibit B - Check)(Butto, Gino)
September 6, 2022 Filing 21 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by Extreme Marine, Inc., Erick Giles, Jodi Goldman. Responses due by 9/20/2022 (Zarco, Roberto)
August 30, 2022 Filing 20 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by Robert Thomas Grgek. Responses due by 9/13/2022 (Thompson, Patrick)
August 25, 2022 Filing 19 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Canyon Capital VI, LLC. Robert Thomas Grgek served on 8/6/2022, response/answer due 8/29/2022. (Butto, Gino)
August 25, 2022 Opinion or Order Filing 18 PAPERLESS ORDER. Defendant, Robert Thomas Grgek, filed an #17 Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. As grounds for the Motion, Defendant Grgek states only that his counsel "will need additional time to adequately respond to said Complaint." He does not explain why this is so, or provide basic information such as when he was served with the Complaint and the date on which his response is currently due. The fact that Plaintiff does not object to the extension of time does not relieve Defendant Grgek of his obligation to set forth good cause for the relief requested. For the foregoing reasons, the Court hereby ORDERS that Defendant Grgek's #17 Unopposed Motion for Extension of Time is DENIED WITHOUT PREJUDICE. Defendant Grgek may file an amended motion that adequately supports the relief he seeks. The Court FURTHER ORDERS Plaintiff to file proof of service regarding Defendant Grgek no later than August 26, 2022. Signed by Magistrate Judge Chris M. McAliley on 8/25/2022. (nsy)
August 24, 2022 Filing 17 MOTION for Extension of Time to File Response/Reply/Answer by Robert Thomas Grgek. (Thompson, Patrick)
August 24, 2022 Filing 16 NOTICE of Attorney Appearance by Patrick James Thompson on behalf of Robert Thomas Grgek. Attorney Patrick James Thompson added to party Robert Thomas Grgek(pty:dft). (Thompson, Patrick)
August 17, 2022 Opinion or Order Filing 15 PAPERLESS ORDER. Defendants Erick Giles, Jodi Goldman and Extreme Marine Inc. filed an #13 Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. For good cause shown, the Court hereby ORDERS that the #13 Unopposed Motion for Extension of Time is GRANTED. Defendants Erick Giles, Jodi Goldman and Extreme Marine Inc. shall file their response to the Complaint no later than September 6, 2022. Given the length of the extension provided, no further extensions of time to respond to the Complaint will be given. The Court notes that Defendants filed their Motion on the day of the deadline. Section II(B) of the Court's Practices and Procedures requires that all motions for extensions of time, absent an emergency, be filed no later than 48 hours prior to the deadline at issue. The parties are cautioned that, going forward, they must follow the Federal Rules of Civil Procedure, Local Rules of the Southern District of Florida, and the Court's Practices and Procedures. Signed by Magistrate Judge Chris M. McAliley on 8/17/2022. (nsy)
August 17, 2022 Filing 14 NOTICE of Attorney Appearance by Roberto Zarco on behalf of Extreme Marine, Inc., Erick Giles, Jodi Goldman. Attorney Roberto Zarco added to party Extreme Marine, Inc.(pty:dft), Attorney Roberto Zarco added to party Erick Giles(pty:dft), Attorney Roberto Zarco added to party Jodi Goldman(pty:dft). (Zarco, Roberto)
August 17, 2022 Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Extreme Marine, Inc., Erick Giles, Jodi Goldman. (Beda, Jacky)
August 17, 2022 Filing 12 NOTICE of Attorney Appearance by Jacky Beda on behalf of Extreme Marine, Inc., Erick Giles, Jodi Goldman. Attorney Jacky Beda added to party Extreme Marine, Inc.(pty:dft), Attorney Jacky Beda added to party Erick Giles(pty:dft), Attorney Jacky Beda added to party Jodi Goldman(pty:dft). (Beda, Jacky)
August 4, 2022 Filing 11 Clerk's Notice to Filer re #8 Summons Returned Executed, #7 Summons Returned Executed, #9 Summons Returned Executed,. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see [de#10]. It is not necessary to refile this document. (cqs)
August 4, 2022 Filing 10 SUMMONS (Affidavit) Returned Executed (for image see DE#7,8,9) on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Canyon Capital VI, LLC. Extreme Marine, Inc. served on 7/28/2022, response/answer due 8/18/2022; Erick Giles served on 7/28/2022, response/answer due 8/18/2022; Jodi Goldman served on 7/28/2022, response/answer due 8/18/2022. (cqs)
August 4, 2022 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 Canyon Capital VI, LLC. Extreme Marine, Inc. served on 7/18/2022, response/answer due 8/8/2022. (Butto, Gino)
August 4, 2022 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 Canyon Capital VI, LLC. Erick Giles served on 7/18/2022, response/answer due 8/8/2022. (Butto, Gino)
August 4, 2022 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 Canyon Capital VI, LLC. Jodi Goldman served on 7/18/2022, response/answer due 8/8/2022. (Butto, Gino)
July 18, 2022 Filing 6 Summons Issued as to Extreme Marine, Inc.. (ebz)
July 15, 2022 Opinion or Order Filing 5 ORDER OF REFERRAL 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 7/15/2022. See attached document for full details. (cds)
July 15, 2022 Filing 4 NOTICE of Filing Proposed Summons(es) to Extreme Marine, Inc. by Canyon Capital VI, LLC (Butto, Gino)
July 15, 2022 Filing 3 Summons Issued as to Erick Giles, Jodi Goldman, Robert Thomas Grgek. (jc)
July 15, 2022 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. 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. (jc)
July 15, 2022 Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15793248, filed by Canyon Capital VI LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Robert T. Grgek, #3 Summon(s) Erick Giles, #4 Summon(s) Jodi Goldman, #5 Summon(s) Extreme Marine, Inc., #6 Exhibit A - Text Messages from Grgek, #7 Exhibit B - AYC Estimate #79, #8 Exhibit C - AYC Estimate #83, #9 Exhibit D - AYC Estimate #87)(Butto, Gino) (Attachment 1 replaced on 7/15/2022) (jc).

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Plaintiff: Canyon Capital VI, LLC
Represented By: F. David Famulari
Represented By: Gino J Butto, Jr.
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Defendant: Robert Thomas Grgek doing business as American Yacht & Customs
Represented By: Patrick James Thompson
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Defendant: Erick Giles
Represented By: Jacky Beda
Represented By: Roberto Zarco
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Defendant: Jodi Goldman
Represented By: Roberto Zarco
Represented By: Jacky Beda
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Defendant: Extreme Marine, Inc.
Represented By: Jacky Beda
Represented By: Roberto Zarco
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