Mercorp N.V. v. Ferreira et al
| Mercorp N.V. |
| Louis Ferreira, Keith Parker, Carlos Rodriguez, Edward Holden and Gustavo Macias |
| 1:2022cv22850 |
| September 7, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity - Stockholders Suits |
| None |
Docket Report
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PAPERLESS ORDER. The Telephonic Status Conference in this matter is reset for November 9, 2022, at 10:00 a.m. before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (hs01)
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Filing 27
PAPERLESS ORDER Setting Status Conference: Telephonic Status Conference set for November 2, 2022, at 10:00 AM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (hs01)
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Filing 26
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before December 31, 2022, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 10/18/2022. (mja)
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Filing 25
PAPERLESS ORDER dismissing case without prejudice in light of #24 Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendant Edward Holden Only. Any pending motions as to Defendant Holden are denied as moot. Signed by Judge Darrin P. Gayles on 10/17/2022. (mja)
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| Filing 24 NOTICE of Voluntary Dismissal Plaintiff's Notice of Voluntary Dismissal without Prejudice as to Defendant Edward Holden, only by Mercorp N.V. (Perez Ara, Diego) |
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Filing 23
ORDER denying #13 Expedited Motion. Signed by Judge Darrin P. Gayles on 10/17/2022. See attached document for full details. (pc)
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| Filing 22 NOTICE of Electronic Filings (NEFs) Updated for Evan Stroman, Ibrahim Mohamed Amir, and Michael Diaz, Jr. to Receive Notices Regarding Docket Entries #18 , #19 , and #20 NOTICE of Attorney Appearance filed on 10/13/2022. (jc) |
| Filing 21 MOTION to Stay Pending Service of the Other Defendants by Louis Ferreira. Responses due by 10/27/2022 (Attachments: #1 Text of Proposed Order Exhibit A)(Stroman, Evan) |
| Filing 20 NOTICE of Attorney Appearance by Ibrahim Mohamed Amir on behalf of Louis Ferreira. Attorney Ibrahim Mohamed Amir added to party Louis Ferreira(pty:dft). (Amir, Ibrahim) |
| Filing 19 NOTICE of Attorney Appearance by Evan Stroman on behalf of Louis Ferreira. Attorney Evan Stroman added to party Louis Ferreira(pty:dft). (Stroman, Evan) |
| Filing 18 NOTICE of Attorney Appearance by Michael Diaz, Jr on behalf of Louis Ferreira. Attorney Michael Diaz, Jr added to party Louis Ferreira(pty:dft). (Diaz, Michael) |
| Filing 17 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 on 10/11/2022. (mja) |
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Filing 16
ORDER. Judge Kathleen M. Williams recused. Case reassigned to Judge Darrin P. Gayles for all further proceedings. Signed by Judge Kathleen M. Williams on 10/11/2022. See attached document for full details. (vjk)
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| Filing 15 Notice of Pending, Refiled, Related or Similar Actions by Mercorp N.V. (Perez Ara, Diego) |
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Filing 14
ORDER OF RECUSAL. Chief Judge Cecilia M. Altonaga recused. Case reassigned to Judge Kathleen M. Williams for all further proceedings. Signed by Chief Judge Cecilia M. Altonaga on 10/5/2022. See attached document for full details. (vjk) (PDF Document Modified on 10/19/2022) (vjk).
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| Filing 13 Amended EXPEDITED MOTION for Preliminary Injunction and Incorporated Memorandum of Law by Mercorp N.V.. (Attachments: #1 Exhibit Exhibit A - September 22, 2022 Decision)(Leon, Derek) |
| Filing 12 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Mercorp N.V. identifying Other Affiliate Eastern National Bank, N.A., Other Affiliate Corpofin C.A. for Mercorp N.V. (Perez Ara, Diego) |
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Filing 11
ORDER that Defendant, Louis Ferreira, and all later served Defendants shall not file responses until all Defendants have been served. After all Defendants have been served, Defendants shall submit a single, combined response or separate answers within the time allowed for the last-served Defendant to respond.Although Defendants are not required to file responses to the Amended Complaint until all Defendants have been served, each Defendant's counsel shall file a notice of appearance within 21 days of service of the Complaint upon that Defendant, or a Clerk's default may be entered. Signed by Chief Judge Cecilia M. Altonaga on 9/29/2022. See attached document for full details. (ps1)
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Filing 10
Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 10/31/2022. Signed by Chief Judge Cecilia M. Altonaga on 9/29/2022. See attached document for full details. (ps1)
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| Filing 9 SUMMONS (Affidavit) Returned Executed on #7 Amended Complaint/Amended Notice of Removal,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mercorp N.V.. Louis Ferreira served on 9/26/2022, response/answer due 10/17/2022. (Perez Ara, Diego) |
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Filing 8
ORDER requiring service be perfected by 12/6/2022. Signed by Chief Judge Cecilia M. Altonaga on 9/28/2022. See attached document for full details. (ps1)
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| Filing 7 AMENDED COMPLAINT against Louis Ferreira, Edward Holden, Gustavo Macias, Keith Parker, Carlos Rodriguez, filed by Mercorp N.V.. (Attachments: #1 Exhibit Exhibit 1 - Venezuelan Supreme Justice Tribunal Decision, #2 Exhibit Exhibit 2 - Gabina Rodriguez CV, #3 Exhibit Exhibit 3 - August 17, 2022 Hearing Transcript, #4 Exhibit Exhibit 4 - Declaration of Gabina Rodriguez, #5 Exhibit Exhibit 5 - 2018 Consent Order, #6 Exhibit Exhibit 6 - 2020 Consent Order, #7 Exhibit Exhibit 7 - August 11, 2022 Deposition Transcript of L. Ferreira, #8 Exhibit Exhibit 8 - ENB Board Minutes of March 25, 2021, #9 Exhibit Exhibit 9 - June 30, 2022 Hearing Transcript, #10 Exhibit Exhibit 10 - July 3, 2019 Letter from ENB, #11 Exhibit Exhibit 11 - ENB Board Minutes of July 28, 2021, #12 Exhibit Exhibit 12 - ENB Board Minutes of January 28, 2021, #13 Exhibit Exhibit 13 - Filed Under Seal, #14 Exhibit Exhibit 14 - ENB Amended Articles of Association and Bylaws, #15 Exhibit Exhibit 15 - ENB Board's Response of September 2, 2022, #16 Exhibit Exhibit 16 - Proof of Authority, #17 Exhibit Exhibit 17 - ENB Board Minutes of May 26, 2021, #18 Exhibit Exhibit 18 - August 25, 2022 Mercorp Request for Shareholder Meeting, #19 Exhibit Exhibit 19 - September 1, 2022 Mercorp Request for Shareholder Meeting, #20 Exhibit Exhibit 20 - ENB May 31, 2021 Stockholder's List)(Leon, Derek) |
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Filing 6
ORDER denying #4 Expedited Motion for Preliminary Injunction. Amended Complaint due by 9/14/2022. Signed by Chief Judge Cecilia M. Altonaga on 9/9/2022. See attached document for full details. (ps1)
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| Filing 5 Notice of Pending, Refiled, Related or Similar Actions by Mercorp N.V. (Leon, Derek) |
| Filing 4 EXPEDITED MOTION for Preliminary Injunction and Incorporated Memorandum of Law by Mercorp N.V.. (Leon, Derek) |
| Filing 3 Summons Issued as to Louis Ferreira, Edward Holden, Gustavo Macias, Keith Parker, Carlos Rodriguez. (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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. (pc) |
| Filing 1 COMPLAINT against Louis Ferreira, Edward Holden, Gustavo Macias, Keith Parker, Carlos Rodriguez. Filing fees $ 402.00 receipt number AFLSDC-15931680, filed by Mercorp N.V.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Summons to Louis Ferreira, #3 Summon(s) Summons to Keith Parker, #4 Summon(s) Summons to Carlos Rodriguez, #5 Summon(s) Summons to Edward Holden, #6 Summon(s) Summons to Gustavo Macias, #7 Exhibit Exhibit 1 - Venezuelan Supreme Justice Tribunal Decision, #8 Exhibit Exhibit 2 - Gabina Rodriguez CV, #9 Exhibit Exhibit 3 - August 17, 2022 Hearing Transcript, #10 Exhibit Exhibit 4 - Declaration of Gabina Rodriguez, #11 Exhibit Exhibit 5 - 2018 Consent Order, #12 Exhibit Exhibit 6 - 2020 Consent Order, #13 Exhibit Exhibit 7 - August 11, 2022 Deposition Transcript of Louis Ferreira, #14 Exhibit Exhibit 8 - ENB Board Minutes of March 25, 2021, #15 Exhibit Exhibit 9 - June 30, 2022 Hearing Transcript, #16 Exhibit Exhibit 10 - July 3, 2019 Letter from ENB, #17 Exhibit Exhibit 11 - ENB Board Minutes of July 28, 2021, #18 Exhibit Exhibit 12 - ENB Board Minutes of January 28, 2021, #19 Exhibit Exhibit 13 - Filed Under Seal, #20 Exhibit Exhibit 14 - ENB Articles of Association and Bylaws, #21 Exhibit Exhibit 15 - ENB Board's Response of September 2, 2022, #22 Exhibit Exhibit 16 - Proof of Authority, #23 Exhibit Exhibit 17 - ENB Board Minutes of May 26, 2021, #24 Exhibit Exhibit 18 - August 25, 2022 Mercorp Request for Shareholder Meeting, #25 Exhibit Exhibit 19 - September 1, 2022 Mercorp Request for Shareholder Meeting)(Leon, Derek) |
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