Wearen et al v. X Auto Import and Export Corp. et al
| James H. Wearen and Moises J. Wiggins |
| X Auto Import and Export Corp., Rayan Daza and CFS of South Florida, L.L.C. |
| 1:2023cv23223 |
| August 23, 2023 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Rodolfo A Ruiz |
| Commerce ICC Rates, Etc. |
| 15 U.S.C. § 1981 Fraud-Motor Vehicle (Odometer) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 RESPONSE in Opposition re #21 Amended MOTION to Compel Arbitration, or in the Alternative, MOTION to Dismiss #1 Complaint filed by James H. Wearen, Moises J. Wiggins. Replies due by 10/25/2023. (Attachments: #1 Supplement Declaration of Attorney Feygin)(Feygin, Joshua) |
Filing 24
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 8/12/2024 in Miami Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 8/6/2024 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 11/20/2023., Discovery due by 4/16/2024., Expert Discovery due by 4/16/2024., Joinder of Parties due by 11/20/2023., Mediation Deadline 4/23/2024., In Limine Motions due by 5/28/2024., Dispositive Motions due by 4/30/2024., Motions due by 4/30/2024., Pretrial Stipulation due by 5/28/2024.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 4/23/2024.), ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 10/10/2023. See attached document for full details. (nan) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 23 SCHEDULING REPORT - Rule 26(f) by James H. Wearen, Moises J. Wiggins (Attachments: #1 Text of Proposed Order Proposed Order)(Feygin, Joshua) |
| Filing 22 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Rayan Daza, X Auto Import and Export Corp. (Gomez, Oscar) |
| Filing 21 Amended MOTION to Compel Arbitration , or in the Alternative, by Rayan Daza, X Auto Import and Export Corp.. Responses due by 10/18/2023 (Attachments: #1 Exhibit A, #2 Exhibit B)(Gomez, Oscar). Added MOTION to Dismiss #1 Complaint on 10/19/2023 (ls). |
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Filing 20
PAPERLESS ORDER striking #13 Defendant's Motion to Compel Arbitration for failure to comply with Local Rule 7.1(a)(3). With limited exceptions not applicable to the present filing, the Local Rules require that "counsel for the movant shall confer (orally or in writing), or make reasonable effort to confer (orally or in writing), with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion." See Local Rule 7.1(a)(3). The movant has failed to certify that this requirement has been met. As such, the Motion is hereby STRICKEN. Signed by Judge Rodolfo A. Ruiz, II on 10/3/2023. (mei)
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| Filing 19 Defendant's Corporate Disclosure Statement by CFS of South Florida, L.L.C. identifying Corporate Parent Consumer Financial Services Corporation for CFS of South Florida, L.L.C. (Sobota, Peter) |
| Filing 18 Clerk's Notice to Filer re #16 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ls) |
| Filing 17 Clerk's Notice to Filer re #13 Defendant's MOTION to Compel Arbitration or in the Alternative, to Dismiss Plaintiffs' Complaint. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) |
| Filing 16 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by CFS of South Florida, L.L.C. (Sobota, Peter) |
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Filing 15
PAPERLESS ORDER striking #14 Defendant CFS of South Florida, LLC's Initial Disclosures ("Disclosures"). Local Rule 26.1(b) of the U.S. District Court for the Southern District of Florida provides that "discovery requests, responses, objections, notices or any associated proof of service shall not be filed with the Court until they are used in the proceeding or the court orders their filing." To date, the Disclosures have not been used in this proceeding, nor has the Court ordered their filing. Accordingly, the Disclosures are hereby STRICKEN. Signed by Judge Rodolfo A. Ruiz, II on 10/2/2023. (mei)
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| Filing 14 "STRICKEN" Initial Disclosure(s) by CFS of South Florida, L.L.C. (Sobota, Peter) Modified on 10/3/2023 (ls). (per DE #15) |
| Filing 13 Defendant's MOTION to Compel Arbitration or in the Alternative, by Rayan Daza, X Auto Import and Export Corp.. Attorney Oscar Andres Gomez added to party Rayan Daza(pty:dft), Attorney Oscar Andres Gomez added to party X Auto Import and Export Corp.(pty:dft). Responses due by 10/12/2023 (Gomez, Oscar). Added MOTION to Dismiss Complaint on 10/3/2023 (ls). |
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Filing 12
ORDER granting in part and denying in part #11 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document CFS of South Florida, L.L.C.. Response/Answer due 10/30/2023; Rayan Daza. Response/Answer due 10/30/2023; X Auto Import and Export Corp. All Defendants shall submit a single combined response or separate answers to Plaintiff's Complaint, [ECF No. 1], on or before October 30, 2023. (Response/Answer due 10/30/2023). Signed by Judge Rodolfo A. Ruiz, II on 9/21/2023. See attached document for full details. (nan)
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| Filing 11 Agreed MOTION for Extension of Time to File Response/Reply/Answer Response to Complaint by CFS of South Florida, L.L.C.. (Attachments: #1 Text of Proposed Order)(Sobota, Peter) |
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Filing 10
Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report due by 10/6/2023. Signed by Judge Rodolfo A. Ruiz, II on 9/11/2023. See attached document for full details. (ls)
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| 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 James H. Wearen, Moises J. Wiggins. X Auto Import and Export Corp. served on 9/8/2023, response/answer due 9/29/2023. (Feygin, Joshua) |
| 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 James H. Wearen, Moises J. Wiggins. Rayan Daza served on 9/8/2023, response/answer due 9/29/2023. (Feygin, Joshua) |
| Filing 7 NOTICE of Attorney Appearance by Peter Sobota on behalf of CFS of South Florida, L.L.C.. Attorney Peter Sobota added to party CFS of South Florida, L.L.C.(pty:dft). (Sobota, Peter) |
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Filing 6
ORDER REQUIRING COMBINED RESPONSES AND PROOFS OF SERVICE. Therefore, on or before November 21, 2023, Plaintiff shall perfect service upon X Auto Import and Export Corp. and Rayan Daza or show good cause as to why this action should not be dismissed as to those Defendants for failure to perfect service of process. Failure to file proof of service for X Auto Import and Export Corp. and Rayan Daza or show good cause by November 21, 2023, will result in a dismissal of this action as to those Defendants without further notice. (Show Cause Response due by 11/21/2023). Signed by Judge Rodolfo A. Ruiz, II on 8/25/2023. See attached document for full details. (nan)
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| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by James H. Wearen, Moises J. Wiggins. CFS of South Florida, L.L.C. served on 8/24/2023, response/answer due 9/14/2023. (Feygin, Joshua) |
| Filing 4 Corporate Disclosure Statement by James H. Wearen, Moises J. Wiggins (Feygin, Joshua) |
| Filing 3 Summons Issued as to CFS of South Florida, L.L.C., Rayan Daza, X Auto Import and Export Corp. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (wce) |
| Filing 1 COMPLAINT against CFS of South Florida, L.L.C., Rayan Daza, X Auto Import and Export Corp.. Filing fees $ 402.00 receipt number AFLSDC-16866126, filed by James H. Wearen, Moises J. Wiggins. (Attachments: #1 Summon(s) Summons, #2 Summon(s) Summons, #3 Summon(s) Summons, #4 Exhibit Exhibit A, #5 Exhibit Exhibit B, #6 Exhibit Exhibit C, #7 Civil Cover Sheet Civil Cover Sheet)(Feygin, Joshua) |
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