Tzutomo LTD., v. Costantini et al
| Tzutomo LTD., a British Virgin Islands Company and TZUTOMO LTD |
| Matias Costantini, mr. Juan Cruz Talia Brown, Jonathan Culley, Capital Force F1 LLC, a Delaware Limited Liability Company and Capital Force F1 LLC |
| 1:2023cv22683 |
| July 18, 2023 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Securities/Commodities |
| 15 U.S.C. § 0078 Securities Exchange Act |
| None |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
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Filing 16
ORDER striking #14 MOTION to Quash Service on Capital Force F1 LLC filed by Matias Costantini. Signed by Chief Judge Cecilia M. Altonaga on 9/6/2023. See attached document for full details. (ps1)
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Filing 15
ORDER. Case numbers 23-21512-CIV; 23-22419-CIV; 23-22683-CIV; and 23-22922-CIV are CONSOLIDATED for pre-trial purposes. The Clerk of Court shall CLOSE Case Nos. 23-22419-CIV; 23-22683-CIV; and 23-22922-CIV for administrative purposes only. All future filings in these related actions shall be made under Case No. 23-21512-CIV-ALTONAGA/Damian only. The Motion to Dismiss [ECF No. 11] in 23-22419-CIV is DENIED without prejudice, considering the pending Motion to Dismiss [ECF No. 9] and the parties' anticipated memoranda in 23-22683-CIV. Furthermore, Defendants shall not file a response in 23-22922-CIV; the Courts disposition of the Motion to Dismiss [ECF No. 9] in 23-22683-CIV shall be effective as to all consolidated actions. The Scheduling Order [ECF No. 31] in 23-21512-CIV; the Referral Order [ECF No. 6] in 23-22419-CIV; and the Pretrial Order [ECF No. 4] in 23-22683-CIV are SET ASIDE. By September 29, 2023, the parties shall file a revised joint scheduling report, which, among other items, addresses the filing of any further pleadings, the proper positioning of the parties, and the schedule for these consolidated cases moving forward. Any parties who have not filed certificates of interested parties must do so by September 29, 2023. Signed by Chief Judge Cecilia M. Altonaga on 9/5/2023. See attached document for full details. (nan)
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| Cases associated. (nan) |
| Civil Case Terminated. Closing Case. Per Order, DE#15 . (nan) |
| Filing 14 MOTION to Quash Service on Capital Force F1 LLC by Matias Costantini. (Swing, Morgan) |
| Filing 13 PAPERLESS Minute Entry for proceedings held before Chief Judge Cecilia M. Altonaga: Status Conference held on 9/5/2023. Total time in court: 15 minutes. Attorney Appearance(s): Morgan Lowery Swing, Phillip M. Hudson, III, Gerardo Alvaro Vazquez, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (ps1) |
| Filing 12 NOTICE REGARDING TELEPHONIC APPEARANCE; dial-in instructions for 9/5/23 hearing. (wc) |
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Filing 11
ORDER that the parties shall appear for a telephonic hearing at 8:00 a.m. on Tuesday, September 5, 2023, to discuss consolidation for pretrial and/or trial purposes. The parties shall contact the Courtroom Deputy to obtain the call-in information. Signed by Chief Judge Cecilia M. Altonaga on 8/31/2023. See attached document for full details. (wc)
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Filing 10
ORDER TRANSFERRING CASE accepted and signed on 8/31/2023. Magistrate Judge Lauren Fleischer Louis and Judge K. Michael Moore no longer assigned to case. Signed by Judge K. Michael Moore on 8/30/2023. See attached document for full details. (wc) Modified signature date on 8/31/2023 (wc).
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| Filing 9 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by Matias Costantini, Jonathan Culley, Juan Cruz Talia Brown. Attorney Phillip M. Hudson, III added to party Matias Costantini(pty:dft), Attorney Phillip M. Hudson, III added to party Jonathan Culley(pty:dft), Attorney Phillip M. Hudson, III added to party Juan Cruz Talia Brown(pty:dft). Responses due by 9/8/2023 (Hudson, Phillip) |
| Set/Reset Response/Answer Due Deadline: Matias Costantini response/answer due 8/25/2023; Juan Cruz Talia Brown response/answer due 8/25/2023. Per DE 8 Order. (ebz) |
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Filing 8
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Extension of Time. #6 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion for Extension of Time #6 is GRANTED. All defendants shall respond on or before August 25, 2023. Signed by Judge K. Michael Moore (rfr)
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| 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 TZUTOMO LTD. Capital Force F1 LLC served on 8/15/2023, response/answer due 9/5/2023; Matias Costantini served on 7/31/2023, response/answer due 8/21/2023; Jonathan Culley served on 8/4/2023, response/answer due 8/25/2023; Juan Cruz Talia Brown served on 7/31/2023, response/answer due 8/21/2023. (Vazquez, Gerardo) |
| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Matias Costantini, Jonathan Culley, Juan Cruz Talia Brown. Attorney Morgan Lowery Swing added to party Matias Costantini(pty:dft), Attorney Morgan Lowery Swing added to party Jonathan Culley(pty:dft), Attorney Morgan Lowery Swing added to party Juan Cruz Talia Brown(pty:dft). (Attachments: #1 Text of Proposed Order)(Swing, Morgan) |
| Filing 5 Notice of Pending, Refiled, Related or Similar Actions by TZUTOMO LTD (Vazquez, Gerardo) |
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Filing 4
[SET ASIDE PER DE#15 ] PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore (rfr) Modified on 9/6/2023 (nan).
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| Filing 3 Summons Issued as to Capital Force F1 LLC, Matias Costantini, Jonathan Culley, Juan Cruz Talia Brown. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (nan) |
| Filing 1 COMPLAINT against Capital Force F1 LLC, a Delaware Limited Liability Company, Matias Costantini, Jonathan Culley, Juan Cruz Talia Brown. Filing fees $ 402.00 receipt number AFLSDC-16774440, filed by Tzutomo LTD., a British Virgin Islands Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Civil Cover Sheet Civil Cover Sheet, #7 Summon(s) Costantini Summons, #8 Summon(s) Talia Brown Summons, #9 Summon(s) Culley Summons, #10 Summon(s) Capital Force F1 Summons)(Vazquez, Gerardo) |
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