WORLDWIDE DISTRIBUTORS, INC. v. MAVEN MED, INC.
| WORLDWIDE DISTRIBUTORS, INC. |
| MAVEN MED, INC. |
| 1:2022cv23635 |
| November 7, 2022 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Negotiable Instrument |
| 28 U.S.C. Β§ 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 Judgment in a Civil Action: The Court enters judgment in this matter under Rule58 of the Federal Rules of Civil Procedure. This matter is to remain closed. Signed by Judge Robert N. Scola, Jr on 8/4/2023. See attached document for full details. (scn) |
Filing 39
ORDER Dismissing Case: The Court therefore dismisses this case without prejudice, and directs the Clerk of the Court to close the matter. (Without Prejudice) Signed by Judge Robert N. Scola, Jr on 8/3/2023. See attached document for full details. (scn)
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| Filing 38 CLERK'S NOTICE of Compliance per #37 ORDER: Mailing to Defendant copy of #37 ORDER. (caw) |
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Filing 37
ORDER AFFIRMING AND ADOPTING #31 REPORT AND RECOMMENDATIONS: DENYING #18 Motion for Default Judgment. DISMISSING WITHOUT PREJUDICE PLAINTIFF'S COMPLAINT. Amended Complaint due by 7/28/2023. ADMINISTRATIVELY CLOSING CASE. Signed by Judge Robert N. Scola, Jr., on 6/29/2023. See attached document for full details. (caw)
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| Filing 36 Plaintiff's RESPONSE to 33 Order, by WORLDWIDE DISTRIBUTORS, INC.. (Rosenblatt, Robert) |
| Filing 35 HEARING EXHIBITS 21 by WORLDWIDE DISTRIBUTORS, INC.. Related document: #24 Exhibit and Witness List.(Rosenblatt, Robert) |
| Filing 34 NOTICE of Compliance re #31 REPORT AND RECOMMENDATIONS re #18 Motion for Default Judgment filed by WORLDWIDE DISTRIBUTORS, INC. Order at DE#31 mailed to Maven Med, Inc. (scn) |
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Filing 33
PAPERLESS ORDER directing Plaintiff to file a copy of exhibit 21. At the evidentiary hearing, the Undersigned admitted into evidence 21 exhibits. See #24 Exhibit and Witness List. Plaintiff filed #28 Exhibit and Witness List by WORLDWIDE DISTRIBUTORS, INC. listing only 20 exhibits. Therefore, by Thursday, June 22, 2023, Plaintiff will file a notice of filing attaching Exhibit 21. Signed by Magistrate Judge Jonathan Goodman on 6/15/2023. (mkr)
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Filing 32
PAPERLESS ORDER denying as moot #14 Plaintiff's MOTION for Default Judgment by WORLDWIDE DISTRIBUTORS, INC. Plaintiff has filed an #18 AMENDED MOTION for Default Judgment by WORLDWIDE DISTRIBUTORS, INC. Signed by Magistrate Judge Jonathan Goodman on 6/15/2023. (mkr)
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| Filing 31 REPORT AND RECOMMENDATIONS regarding #18 Amended Motion for Default Judgment filed by WORLDWIDE DISTRIBUTORS, INC. Objections to R&R due by 6/29/2023. Signed by Magistrate Judge Jonathan Goodman on 6/15/2023. See attached document for full details. (mkr) Modified text (adding Amended) on 6/16/2023 (mr1). |
| Filing 30 TRIAL BRIEF PLAINTIFF'S RESPONSE TO COURT'S ORDERS by WORLDWIDE DISTRIBUTORS, INC.. (Rosenblatt, Robert) |
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Filing 29
PAPERLESS ORDER following a review of the docket. On April 21, 2023, Worldwide Distributors, Inc. ("Plaintiff") filed a Notice of Filing Proof of Service [ECF No. #27 ], attaching an Amended Return of Service (reflecting a service date of November 22, 2022 at 8:55 PM on Pramanik Bharadwaj). This is Plaintiff's third notice of proof of service. See also [ECF Nos. #7 (reflecting a service date of November 12, 2022 at 7:17 PM on Sudha Bharadwaj); #11 (same)]. Additionally, at the April 14, 2023 evidentiary hearing, Plaintiff represented to the Court that a California attorney, Alex Herrera, accepted service on behalf of Defendant.Plaintiff will be filing a post-hearing memorandum of law (due Monday, May 29, 2023). [ECF No. #25 ]. One of the topics to be briefed by Plaintiff is service of process. Id. at 2 ("Plaintiff's memorandum of law (supported by pertinent legal authority) will set forth the following: (1) which law governs the issue of waiver of service of process/acceptance of service by an attorney; (2) what is the applicable law on waiver of service of process/acceptance of service by an attorney; and (3) if Mr. Herrera's representation, in an email, is sufficient to show waiver of service of process/acceptance of service by an attorney when he never entered a formal appearance.").But if Plaintiff is relying on service of process by a process server, then Plaintiff will need to show in its memorandum that service of process has been effectuated under the applicable legal authority. Therefore, regardless of whether Plaintiff will be proceeding on the first, second, or third notice of proof of service and/or Attorney Herrera's acceptance of service, Plaintiff will need to address in its legal memorandum why this method of service (or acceptance of service) is proper under Fed. R. Civ. P. 4 (and any applicable state law). Additionally, if Plaintiff is relying on any of the three proofs of service filed with the Court, then Plaintiff will advise the Court whether the process server (Nicole Cervantes) resided in California on the applicable date of service given that the only business address listed under her signature is a local (Miami) address. Plaintiff will also explain what connection, if any, there is between Nicole Cervantes and Nicole Lopez. Signed by Magistrate Judge Jonathan Goodman on 5/3/2023. (mkr)
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| Filing 28 Exhibit and Witness List by WORLDWIDE DISTRIBUTORS, INC... (Attachments: #1 Exhibit, #2 Exhibit)(Rosenblatt, Robert) |
| Filing 27 ACKNOWLEDGMENT OF SERVICE as to #11 Summons Returned Executed,, Acknowledgment of Service, filed by WORLDWIDE DISTRIBUTORS, INC.. (Rosenblatt, Robert) |
| Filing 26 CLERK'S Notice of Policy re Electronic Submission of Exhibit(s) sent to Plaintiff Re D.E. #24 Exhibit and Witness List Local Rule 5.3 provides that within ten (10) days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of most exhibits offered or introduced into evidence. Before electronically filing, the filer must redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing under subsection (b)(3)(C) of the rule. Failure to electronically file exhibits and the Certificate of Compliance Re Admitted Evidence within ten (10) days may result in the imposition of sanctions. The Local Rule, the Certificate of Compliance Re Admitted Evidence, and the Quick Reference Guide to Electronically Filing Trial Exhibits can be found on the Courts website: http://www.flsd.uscourts.gov (rrs) |
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Filing 25
POST-EVIDENTIARY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 4/14/2023. See attached document for full details. (mkr)
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| Filing 24 Exhibit and Witness List. (fbn) |
| Filing 23 PAPERLESS Minute Order for proceedings held before Magistrate Judge Jonathan Goodman: Evidentiary Hearing held on 4/14/2023. Witness, Ariel Rodriguez (Vice President of Worldwide Distributors, Inc.) sworn and testified. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 25 minutes. Attorney Appearance(s): Robert A. Rosenblatt, Other appearances: Ariel Rodriguez (Vice President of Worldwide Distributors, Inc.), Joseph E. Doyle (President of Worldwide Distributors, Inc.), and Faby Padese (Plaintiff Counsel Paralegal). Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov. (Digital JG_01-04-14-2023/ Zoom) (fbn) |
| Deadline(s)/Hearing(s) terminated. (fbn) |
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Filing 22
PAPERLESS ORDER regarding the evidentiary hearing on Plaintiff's #14 Motion and #18 Amended Motion for Default Judgment. At the hearing, Plaintiff will be prepared to address the following topics: 1.Service of Process: Plaintiff filed a Return of Service which states that service was made on Defendant by "delivering" a copy of the summons and Complaint to "Sudha Bharadwaj as co-resident of Pramanik Bharadwaj as Agent for Maven Med, Inc." at 844 S. Bramble Way, Anaheim, CA 92808. [ECF No. #11 , p. 3 (capitalization omitted)]. But the return of service does not explain what it means by the term "delivering." In Harris v. Wells Fargo Bank, N.A., for example, the court determined that "'delivering' a copy of the summons and complaint to [the interim chief executive officer], via certified mail" was insufficient to meet the requirements of Fed. R. Civ. P. 4(h) "because there [was] no indication that [this individual] was personally served with process." No. 119CV04179SDGCMS, 2020 WL 4529745, at *4-*5 (N.D. Ga. Jan. 23, 2020), report and recommendation adopted, No. 1:19-CV-4179-SDG-CMS, 2020 WL 4529808 (N.D. Ga. Apr. 20, 2020). Therefore, Plaintiff will be prepared to address whether Sudha Bharadwaj was personally served (as opposed to service by mail or some other method) and whether the procedure employed by Plaintiff to serve Defendant satisfied the requirements of Fed. R. Civ. P. 4 and any applicable state laws (Plaintiff will cite to any specific state laws).2.Personal Jurisdiction: Defendant is a California corporation. The Complaint contains no personal jurisdiction allegations although it does allege, in a conclusory fashion, that "[v]enue is proper in this Court in that the Defendant MAVEN does business in the Southern District of Florida." [ECF No. 1, ΒΆ 5 (emphasis added)]. Plaintiff will be prepared to address whether its failure to plead any personal jurisdiction allegations subjects its Complaint to dismissal and whether the Complaint's conclusory allegation (raised with respect to venue, not personal jurisdiction) that "Defendant MAVEN does business in the Southern District of Florida," is sufficient to confer personal jurisdiction over Defendant. 3.Governing Law: The gist of this action is that Plaintiff (a Florida corporation) wired money to Defendant (a California corporation) for the purchase of 37,500 COVID test kits. The product was to be available for pick-up at a warehouse (in New Jersey). [ECF No. #1 , ΒΆ 11]. Plaintiff's #18 Amended Motion cites only Florida law and does not engage in any choice-of-law analysis. Therefore, Plaintiff will be prepared to address which jurisdiction's laws apply in this action. Signed by Magistrate Judge Jonathan Goodman on 4/12/2023. (mkr)
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Filing 21
PAPERLESS ORDER regarding #18 AMENDED MOTION for Default Judgment by WORLDWIDE DISTRIBUTORS, INC. In an earlier Order, the Undersigned set Plaintiff's original #14 MOTION for Default Judgment for an in-person, evidentiary hearing on Friday, April 14, 2023 at 10:00 AM. See ECF No. 17 . The Order also instructed Plaintiff to "file a memorandum of law supported by case law and containing specific citations to the record" because Plaintiff's original "motion contain[ed] no analysis, no case law, and no citations to the paragraph numbers or the exhibits of the Complaint." Id. (emphasis added). Rather than file a "memorandum of law" as instructed, Plaintiff filed an #18 AMENDED MOTION for Default Judgment. Therefore, to avoid confusion, and to ensure attendance at the previously scheduled April 14, 2023 evidentiary hearing, the Undersigned is issuing this Order setting the #18 AMENDED MOTION for Default Judgment for an in-person, evidentiary hearing on Friday, April 14, 2023 at 10:00 AM before the Undersigned. As indicated in the Court's earlier Order:The parties shall be prepared to present evidence (including any witness testimony) and legal argument. The motion seeks to recover certain costs. But, the evidentiary hearing will be on the amount of damages, not attorney's fees and costs. A motion seeking fees and costs is premature, as there is no judgment yet. See P & L Towing & Transportation, Inc. v. M/V Gardens, No. 21-23062-CIV, 2022 WL 1801235 (S.D. Fla. June 2, 2022). ECF No. 17 . Signed by Magistrate Judge Jonathan Goodman on 3/20/2023. (mkr)
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Filing 20
ORDER REFERRING #18 Motion for Default Judgment filed by WORLDWIDE DISTRIBUTORS, INC. Motion referred to Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 3/17/2023. See attached document for full details. (scn)
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| Filing 19 Clerk's Notice to Filer re #18 MOTION to Amend/Correct #14 Plaintiff's MOTION for Default Judgment by WORLDWIDE DISTRIBUTORS, INC. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (pcs) |
| Filing 18 AMENDED MOTION for Default Judgment by WORLDWIDE DISTRIBUTORS, INC.. Responses due by 2/8/2023 (Rosenblatt, Robert) Modified motion relief on 1/26/2023 (pcs). |
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Filing 17
PAPERLESS ORDER regarding #14 Plaintiff's MOTION for Default Judgment. The Undersigned notes Plaintiff's motion contains no analysis, no case law, and no citations to the paragraph numbers or the exhibits of the Complaint. "Courts in this circuit routinely deny motions for default judgment which contain no substantive analysis." The Elie Neufeld, LLC v. Edward Wolf & Associates, LLC, No. 22-23204-CIV, 2022 WL 18144065, at *1 (S.D. Fla. Dec. 8, 2022), report and recommendation adopted sub nom. The Elie Neufeld, LLC v. Edward Wolf & Assocs., LLC, No. 22-23204-CIV, 2023 WL 122659 (S.D. Fla. Jan. 6, 2023). In Valle v. AA & K Restoration Grp., LLC, for instance, the Court observed that "a proper motion for default judgment should 'state in the liability section of its memorandum of law the elements of each cause of action on which it seeks a default judgment and show with pinpoint citations to the amended complaint how the well-pleaded facts in the amended complaint establish each element.'" No. 1:19-CV-20873-KMM, 2019 WL 13192198, at *2 (S.D. Fla. Oct. 23, 2019) (quoting Jaguar Imports, LLC v. Phoenix Glob. Ventures, Inc., No. 6:12-cv-1486-OrL-31KRS, 2013 WL 12170484, at *1 (M.D. Fla. Mar. 21, 2013)). Therefore, by no later than Friday, January 27, 2023, Plaintiff will file a memorandum of law supported by case law and containing specific citations to the record (including the paragraph numbers of the Complaint and specific pages of the exhibits to the Complaint). If necessary, Plaintiff will file, by the same deadline, a more detailed affidavit from Joseph E. Doyle.This matter is set for an in-person, evidentiary hearing on Friday, April 14, 2023 at 10:00 AM before the Undersigned. The parties shall be prepared to present evidence (including any witness testimony) and legal argument. The motion seeks to recover certain costs. But, the evidentiary hearing will be on the amount of damages, not attorney's fees and costs. A motion seeking fees and costs is premature, as there is no judgment yet. See P & L Towing & Transportation, Inc. v. M/V Gardens, No. 21-23062-CIV, 2022 WL 1801235 (S.D. Fla. June 2, 2022). Signed by Magistrate Judge Jonathan Goodman on 1/13/2023. (mkr)
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| Filing 16 NOTICE by WORLDWIDE DISTRIBUTORS, INC. re #15 Order Referring Motion, notice of filing (Rosenblatt, Robert) |
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Filing 15
ORDER REFERRING #14 Plaintiff's MOTION for Default Judgment filed by WORLDWIDE DISTRIBUTORS, INC. Motion referred to Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr., on 12/20/2022. See attached document for full details. (caw)
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| Filing 14 Plaintiff's MOTION for Default Judgment by WORLDWIDE DISTRIBUTORS, INC.. (Rosenblatt, Robert) |
| Filing 13 Clerk's Entry of Default as to MAVEN MED, INC. - Motions Terminated: #12 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 12/13/2022. (pcs) |
| Filing 12 Plaintiff's MOTION for Clerk's Entry of Default as to MAVEN MED, INC. by WORLDWIDE DISTRIBUTORS, INC.. (Rosenblatt, Robert) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by WORLDWIDE DISTRIBUTORS, INC.., ACKNOWLEDGMENT OF SERVICE AMENDED NOTICE OF PROOF OF SERVICE filed by WORLDWIDE DISTRIBUTORS, INC.. (Rosenblatt, Robert) |
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Filing 10
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 11/16/2022. See attached document for full details. (fbn)
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| Filing 8 Summons Issued as to MAVEN MED, INC.. (pcs) |
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Filing 9
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters and Settlement. Signed by Judge Robert N. Scola, Jr on 11/14/2022. See attached document for full details. (nan)
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| Filing 7 ACKNOWLEDGMENT OF SERVICE PROOF OF SERVICE filed by WORLDWIDE DISTRIBUTORS, INC.., SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by WORLDWIDE DISTRIBUTORS, INC.. MAVEN MED, INC. served on 11/12/2022, response/answer due 12/5/2022. (Rosenblatt, Robert) |
| Filing 6 NOTICE of Filing Proposed Summons(es) to Sudha Bharadwaj by WORLDWIDE DISTRIBUTORS, INC. re #1 Complaint, filed by WORLDWIDE DISTRIBUTORS, INC. (Rosenblatt, Robert) |
| Filing 5 Summons Issued as to MAVEN MED, INC. (pcs) |
| Filing 4 NOTICE of Filing Proposed Summons(es) by WORLDWIDE DISTRIBUTORS, INC. re #1 Complaint, filed by WORLDWIDE DISTRIBUTORS, INC. (Rosenblatt, Robert) |
| Filing 3 Clerk's Notice to Filer re: Summons(es) cannot be issued. Attorney or Pro Se party's return address is not listed. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (aao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (aao) |
| Filing 1 COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL against MAVEN MED, INC.. Filing fees $ 402.00 receipt number AFLSDC-16081356, filed by WORLDWIDE DISTRIBUTORS, INC.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Rosenblatt, Robert) |
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| Plaintiff: WORLDWIDE DISTRIBUTORS, INC. | |
| Represented By: | Robert A. Rosenblatt |
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| Defendant: MAVEN MED, INC. | |
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