AVR Group LLC et al v. Alebrije Entertainment LLC et al
| AVR Group LLC, Trident Asset Management, Inc. and Michael Dziurgot |
| Alebrije Entertainment LLC, Craig Cole, Matthew Cole and Gustavo Montaudon |
| 1:2024cv20755 |
| February 27, 2024 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| David S Leibowitz |
| Kathleen M Williams |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2024. A more recent docket listing may be available from PACER.
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| Filing 39 CLERK'S NOTICE - Attorney Admissions has updated the address and email information as submitted through attorney's PACER account for attorney Francis D. Murray. (cw) |
| Filing 38 NOTICE of Change of Address, Email or Law Firm Name by Francis D. Murray (Murray, Francis) |
Filing 37
ORDER: Upon due consideration, it is ORDERED AND ADJUDGED the Motion [ECF No. #35 ] is GRANTED. Defendant Craig Cole shall respond to Plaintiffs' Complaint no later than May 6, 2024. Signed by Judge David S. Leibowitz on 4/22/2024. See attached document for full details. (wce)
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| Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Craig Cole. Attorney Amy Michelle Bowers added to party Craig Cole(pty:dft). (Attachments: #1 Text of Proposed Order)(Bowers, Amy) |
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Filing 36
ORDER: Upon due consideration, it is ORDERED AND ADJUDGED the Motion [ECF No. #33 ] is GRANTED. Defendant Craig Cole may file a separate response to Plaintiff's Complaint [ECF No. #1 ] no later than May 6, 2024. Signed by Judge David S. Leibowitz on 4/21/2024. See attached document for full details. (wce)
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Filing 34
ORDER: It is ORDERED AND ADJUDGED the Motion [ECF No. #31 ] is GRANTED. Defendants Alebrije Entertainment, LLC and Gustavo Montaudon may file a separate response to Plaintiff's Complaint [ECF No. #1 ] no later than May 6, 2024. Signed by Judge David S. Leibowitz on 4/19/2024. See attached document for full details. (wce)
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| Filing 33 Defendant's MOTION for Leave to File Individual Motion to Dismiss by Craig Cole. (Murray, Francis) |
| Filing 32 NOTICE of Attorney Appearance by Francis D. Murray on behalf of Craig Cole. Attorney Francis D. Murray added to party Craig Cole(pty:dft). (Murray, Francis) |
| Filing 31 MOTION for Leave to File by Alebrije Entertainment LLC, Gustavo Montaudon. (Attachments: #1 Text of Proposed Order)(Skolnik, Adam) |
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Filing 30
ORDER: re #28 Defendants Alebrije Entertainment LLC and Gustavo Montaudon's Unopposed Second Motion for an Extension of Time to Respond to Plaintiff's #1 Complaint. It is ORDERED AND ADJUDGED the Motion [ECF No. 28] is GRANTED. Defendants Alebrije Entertainment LLC and Gustavo Montaudon shall respond to Plaintiffs' Complaint no later than May 6, 2024. Signed by Judge David S. Leibowitz on 4/19/2024. See attached document for full details. (wce)
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Filing 29
ORDER: re #27 Defendant Matthew Cole's Motion for Leave to File an Individual Motion to Dismiss. It is ORDERED AND ADJUDGED the Motion [ECF No. 27] is GRANTED. Defendant Matthew Cole may file a separate response to Plaintiff's Complaint [ECF No. #1 ] no later than May 6, 2024. Signed by Judge David S. Leibowitz on 4/19/2024. See attached document for full details. (wce)
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| Filing 28 Second MOTION for Extension of Time to File Response/Reply/Answer as to 21 Order on Motion for Extension of Time to File Response/Reply/Answer,,, #1 Complaint, by Alebrije Entertainment LLC, Gustavo Montaudon. (Attachments: #1 Text of Proposed Order)(Skolnik, Adam) |
| Filing 27 Defendant's MOTION for Leave to File Individual Motion to Dismiss by Matthew Cole. (Harwin, Michael) |
| Filing 26 NOTICE of Compliance by Alebrije Entertainment LLC re 23 Order,,, (Skolnik, Adam) |
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Filing 25
ORDER OF REASSIGNMENT to Judge David S. Leibowitz for all further proceedings, Judge Kathleen M. Williams no longer assigned to case. Signed by Judge Kathleen M. Williams on 4/2/2024. See attached document for full details. (vjk)
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| Filing 24 NOTICE REGARDING SUBJECT MATTER JURISDICTION by AVR Group LLC re 23 Order,,, (Good, Ross) |
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Filing 23
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. Upon review of the record and pursuant to the Court's obligation to ensure subject matter jurisdiction over all cases and controversies before it, it is ORDERED AND ADJUDGED that Plaintiff AVR Group LLC and Defendant Alebrije Entertainment LLC shall each file a complete list of the identities and citizenships of all limited liability company members to the docket on or before April 5, 2024. Thermoset Corp. v. Bldg. Materials Corp of Am., 849 F.3d 1313, 1316 (11th Cir. 2017) (citation omitted); see also Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999). If these Parties have already provided to the Court some or all of the information requested above, they shall briefly summarize the information requested and direct the Court to the location of the information in the record. Signed by Judge Kathleen M. Williams on 3/25/2024. (rm04)
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Filing 22
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On March 4, 2024, the Court ordered that, "In light of the multiple Defendants named in this action, all Defendants properly served on or before May 27, 2024 shall file either a joint response or separate answers to the Complaint within the time allowed for the last-served Defendant to respond. If conflicts exist precluding a joint response, the Defendant(s) must file a motion for leave to file separately, describing those conflicts." On March 22, 2024, Defendant Matthew Cole filed a Motion to Dismiss (DE #16 ) without first moving for leave to file a separate response. Accordingly, Defendant Matthew Cole's Motion to Dismiss (DE #16 ) is STRICKEN. The Court notes that, pursuant to its March 4, 2024 Order (DE 8) and in light of the extension granted by Judge Goodman (DE 21), the deadline for Defendants to file a joint response or separate answers to the Complaint is April 22, 2024. Signed by Judge Kathleen M. Williams on 3/25/2024. (rm04)
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Filing 21
PAPERLESS ORDER granting #20 Unopposed MOTION for Extension of Time to File Response to #1 Complaint. The motion states that Defendants Alebrije Entertainment LLC and Gustavo Montaudon's responses are currently due today. Therefore, the instant motion fails to comply with Judge Williams' 48-hour rule. See Judge Williams' Court Practices and Procedures (available at the Court's website: https://www.flsd.uscourts.gov/content/judge-kathleen-m-williams). Because Plaintiffs do not oppose the requested extension, the Undersigned will exercise my discretion and excuse the non-compliance.Defendants Alebrije Entertainment LLC and Gustavo Montaudon will have until Monday, April 22, 2024 to file their response to the #1 Complaint. Going forward, the parties must adhere to the rules of this Court and the Court expects strict compliance. Signed by Magistrate Judge Jonathan Goodman on 3/22/2024. (mkr)
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| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #13 Summons Returned Executed, #14 Summons Returned Executed, #1 Complaint, by Alebrije Entertainment LLC, Gustavo Montaudon. (Attachments: #1 Proposed Order)(Skolnik, Adam) |
| Filing 19 Corporate Disclosure Statement by Alebrije Entertainment LLC (Skolnik, Adam) |
| Filing 18 NOTICE of Attorney Appearance by Adam Ira Skolnik on behalf of Alebrije Entertainment LLC, Gustavo Montaudon. Attorney Adam Ira Skolnik added to party Alebrije Entertainment LLC(pty:dft), Attorney Adam Ira Skolnik added to party Gustavo Montaudon(pty:dft). (Skolnik, Adam) |
| Filing 17 NOTICE (Request for Judicial Notice) by Matthew Cole re #16 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Harwin, Michael) |
| Filing 16 (STRICKEN PER DE#22) MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by Matthew Cole. Responses due by 4/5/2024. (Harwin, Michael) Modified text on 3/26/2024 (scn). |
| Filing 15 NOTICE of Attorney Appearance by Michael J. Harwin on behalf of Matthew Cole. Attorney Michael J. Harwin added to party Matthew Cole(pty:dft). (Harwin, Michael) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by AVR Group LLC, Michael Dziurgot, Trident Asset Management, Inc.. Gustavo Montaudon served on 3/15/2024, response/answer due 4/5/2024. (Good, Ross) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by AVR Group LLC, Michael Dziurgot, Trident Asset Management, Inc.. Alebrije Entertainment LLC served on 3/1/2024, response/answer due 3/22/2024. (Good, Ross) |
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Filing 12
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 3/7/2024. See attached document for full details. (fbn) (Main Document 12 replaced on 3/7/2024) (fbn).
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| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by AVR Group LLC, Michael Dziurgot, Trident Asset Management, Inc.. Matthew Cole served on 3/5/2024, response/answer due 3/26/2024. (Good, Ross) |
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Filing 10
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Alexander Nicholas Loftus. Signed by Magistrate Judge Jonathan Goodman on 3/5/2024. (mkr)
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| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alexander Nicholas Loftus. Filing Fee $ 200.00 Receipt # AFLSDC-17341437 by AVR Group LLC, Michael Dziurgot, Trident Asset Management, Inc.. Responses due by 3/18/2024. (Attachments: #1 Text of Proposed Order)(Good, Ross) |
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Filing 8
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. In light of the multiple Defendants named in this action, all Defendants properly served on or before May 27, 2024 shall file either a joint response or separate answers to the Complaint within the time allowed for the last-served Defendant to respond. If conflicts exist precluding a joint response, the Defendant(s) must file a motion for leave to file separately, describing those conflicts. The Parties are advised that all motions and filings must comply fully with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, and the Practices and Procedures of this Court. Signed by Judge Kathleen M. Williams on 3/4/2024. (rm04)
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Filing 7
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES: Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, it is ORDERED AND ADJUDGED that all discovery disputes and non-dispositive pretrial motions in this matter are REFERRED to Magistrate Judge Jonathan Goodman. Additionally, it is further ordered that WITHIN TWENTY (20) DAYS from the date that the last Defendant responds to the Complaint, the Parties shall file a joint conference report and a joint proposed scheduling order, as required by S.D. Fla. Local Rule 16.1(b). Signed by Judge Kathleen M. Williams on 3/4/2024. See attached document for full details. (wce)
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| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by AVR Group LLC, Michael Dziurgot, Trident Asset Management, Inc.. Craig Cole served on 3/2/2024, response/answer due 3/25/2024. (Good, Ross) |
| Filing 5 Summons Issued as to Alebrije Entertainment LLC, Craig Cole, Matthew Cole, Gustavo Montaudon. (scn) |
| Filing 4 NOTICE of Filing Proposed Summons(es) by AVR Group LLC, Michael Dziurgot, Trident Asset Management, Inc. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s)) (Good, Ross) |
| Filing 3 Clerk's Notice to Filer re: Summons(es) will not 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. (jc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17324566, filed by AVR GROUP, LLC, MICHAEL DZIURGOT, TRIDENT ASSET MANAGEMENT, INC.. (Attachments: #1 Exhibit A-F, #2 Exhibit G, #3 Exhibit H-I, #4 Exhibit J, #5 Exhibit K, #6 Exhibit L-O, #7 Civil Cover Sheet Civil Cover Sheet, #8 Summon(s) ALEBRIJE ENTERTAINMENT LLC, #9 Summon(s) Gustavo Montaudon, #10 Summon(s) Craig Cole, #11 Summon(s) Matthew Cole)(Good, Ross) |
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