Surface Media, LLC v.YE
Plaintiff: Surface Media, LLC
Defendant: Ye and Kanye Omari West
Case Number: 1:2022cv23474
Filed: October 24, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 27, 2023 Filing 16 WAIVER OF SERVICE Returned Executed by Surface Media, LLC. YE waiver sent on 6/13/2023, response/answer due 8/14/2023. (Attachments: #1 Exhibit Waiver of Service)(Smulevich, Jonathan)
May 24, 2023 Opinion or Order Filing 15 PAPERLESS ORDER granting #14 Plaintiff's Motion for Extension of Time for Service of the Complaint on Defendant. Plaintiff shall perfect service on Defendant Ye (f/k/a Kanye Omari West) on or before July 24, 2023. Signed by Judge Darrin P. Gayles on 5/24/2023. (mja)
May 23, 2023 Filing 14 Third MOTION for Extension of Time for Service of the Complaint on Defendant by Surface Media, LLC. Responses due by 6/6/2023 (Attachments: #1 Exhibit A - Affidavit of Due Diligence, #2 Exhibit B - Affidavit of Due Diligence)(Smulevich, Jonathan)
March 20, 2023 Opinion or Order Filing 13 PAPERLESS ORDER granting in part and denying in part #12 Plaintiff's Motion to Approve Alternative Service and for Extension of Time for Service of the Complaint on Defendant. Plaintiff's Motion for Extension of Time for Service of the Complaint is GRANTED. Plaintiff shall perfect service on Defendant Ye (f/k/a Kanye Omari West) on or before May 23, 2023. However, Plaintiff's Motion to Approve Alternative Service is DENIED WITHOUT PREJUDICE as the Court does not find good cause to grant that relief. Despite repeated attempts to serve Defendant, there is no indication that he is evading service. Signed by Judge Darrin P. Gayles on 3/20/2023. (mja)
March 20, 2023 Filing 12 MOTION for Extension of Time to Approve Alternative Service and for Extension of Time for Service of the Complaint on Defendant by Surface Media, LLC. Responses due by 4/3/2023 (Attachments: #1 Exhibit Composite Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Smulevich, Jonathan)
March 1, 2023 Filing 11 First AMENDED COMPLAINT against YE, filed by Surface Media, LLC. (Attachments: #1 Exhibit Composite Exhibit A, #2 Exhibit Composite Exhibit B, #3 Exhibit Exhibit C)(Smulevich, Jonathan)
March 1, 2023 Filing 10 NOTICE of Striking #8 Amended Complaint/Amended Notice of Removal filed by Surface Media, LLC by Surface Media, LLC (Smulevich, Jonathan)
March 1, 2023 Filing 9 Clerk's Notice to Filer re #8 Amended Complaint/Amended Notice of Removal. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas)
February 28, 2023 Filing 8 STRICKEN per DE#10 , First Amended Complaint against YE, filed by Surface Media, LLC. (Attachments: #1 Exhibit Composite Exhibit A, #2 Exhibit Composite Exhibit B, #3 Exhibit Exhibit C)(Rose, Leah) Modified text on 3/2/2023 (jas).
February 9, 2023 Opinion or Order Filing 7 PAPERLESS ORDER dismissing Complaint for failure to adequately invoke this Court's subject matter jurisdiction. As the Eleventh Circuit has explained, "a limited liability company is a citizen of any state of which a member of the company is a citizen." Thus, "[t]o sufficiently allege the citizenship of [an LLC], a party must list the citizenships of all members of the limited liability company." Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). As Plaintiff has failed do so, it has not adequately invoked this Court's subject matter jurisdiction. The Complaint is dismissed without prejudice. Plaintiff may file an amended complaint on or before February 28, 2023. Signed by Judge Darrin P. Gayles on 2/9/2023. (mja)
January 17, 2023 Opinion or Order Filing 6 PAPERLESS ORDER granting #5 Plaintiff's Motion for Extension of Time for Service of the Complaint on Defendant. Plaintiff shall perfect service on Defendant Ye (f/k/a Kanye Omari West) on or before March 24, 2023. Signed by Judge Darrin P. Gayles on 1/17/2023. (mja)
January 17, 2023 Filing 5 Plaintiff's MOTION for Extension of Time for Service of the Complaint on Defendant re #3 Summons Issued, #1 Complaint, by Surface Media, LLC. Responses due by 1/31/2023 (Attachments: #1 Text of Proposed Order)(Rose, Leah)
October 25, 2022 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 on 10/25/2022. (mja)
October 25, 2022 Filing 3 Summons Issued as to YE. (rbe)
October 24, 2022 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. (rbe)
October 24, 2022 Filing 1 COMPLAINT against Ye. Filing fees $ 402.00 receipt number AFLSDC-16048780, filed by Surface Media, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons, #3 Exhibit Composite Exhibit A, #4 Exhibit Composite Exhibit B, #5 Exhibit Exhibit C)(Smulevich, Jonathan)

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Defendant: Ye
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Defendant: Kanye Omari West
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Plaintiff: Surface Media, LLC
Represented By: Jonathan Smulevich
Represented By: Leah Rae Rose
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