Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc. v. Niembro Concha et al
| Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc. |
| Tomas Niembro Concha, Morella Rincon de Niembro, Juan Francisco Ramirez, Maria Gabriela Vazquez de Ramirez, Nodus Finance, LLC, Oceana Key Biscayne Corporation and Jose G Suarez |
| 1:2025cv20550 |
| February 6, 2025 |
| U.S. District Court for the Southern District of Florida |
| Paul C Huck |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 4, 2025. A more recent docket listing may be available from PACER.
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| Filing 50 MOTION to Stay Defendants' Joint Motion to Stay This Case Pending Resolution of Parallel Criminal Action Against Tomas Niembro Concha and Juan Francisco Ramirez by Tomas Niembro Concha, Morella Rincon de Niembro, Nodus Finance, LLC. Responses due by 4/18/2025. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Rivero, Andres) |
| Filing 49 Unopposed MOTION for Extension of Time to File Omnibus Brief in Response to Motions to Dismiss [DE-43-48] re #45 Defendant's MOTION to Dismiss #1 Complaint,,,,, , #46 Defendant's MOTION to Dismiss #1 Complaint,,,,, , #48 Defendant's MOTION to Dismiss #1 Complaint,,,,, , #47 MOTION to Dismiss with Prejudice #1 Complaint,,,,, , #44 Defendant's MOTION to Dismiss #1 Complaint,,,,, , #43 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 4/18/2025.), MOTION for Leave to File Excess Pages by Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Hadaway, Brant) |
| Filing 48 Defendant's MOTION to Dismiss #1 Complaint,,,,, by Juan Francisco Ramirez. Responses due by 4/16/2025. (Delancy, Adrian) |
| Filing 47 MOTION to Dismiss with Prejudice #1 Complaint,,,,, by Maria Gabriela Vazquez de Ramirez. Responses due by 4/16/2025. (Attachments: #1 Exhibit 1)(Rosenquest, John) |
| Filing 46 Defendant's MOTION to Dismiss #1 Complaint,,,,, by Morella Rincon de Niembro. Attorney Andres Rivero added to party Morella Rincon de Niembro(pty:dft). Responses due by 4/16/2025. (Rivero, Andres) |
| Filing 45 Defendant's MOTION to Dismiss #1 Complaint,,,,, by Tomas Niembro Concha. Attorney Andres Rivero added to party Tomas Niembro Concha(pty:dft). Responses due by 4/16/2025. (Rivero, Andres) |
| Filing 44 Defendant's MOTION to Dismiss #1 Complaint,,,,, by Nodus Finance, LLC. Responses due by 4/15/2025. (Rivero, Andres) |
| Filing 43 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jose G Suarez. Responses due by 4/8/2025. (Diblasi, Anthony) |
Filing 42
PAPERLESS ORDER GRANTING #41 Defendants', Juan Francisco Ramirez and Maria Gabriela Vasquez de Ramirez ("Defendants"), Unopposed Motion for Extension of Time to Respond to Complaint. Accordingly, Defendants must respond to Plaintiff's Complaint by April 2, 2025. Signed by Senior Judge Paul C. Huck on 3/21/2025. (jv01)
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| Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,,, by Juan Francisco Ramirez, Maria Gabriela Vazquez de Ramirez. Attorney John B. Rosenquest, IV added to party Maria Gabriela Vazquez de Ramirez(pty:dft). (Rosenquest, John) |
| Filing 40 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc.. Morella Rincon de Niembro served on 3/12/2025, response/answer due 4/2/2025. (Hadaway, Brant) |
| Filing 39 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc.. Tomas Niembro Concha served on 3/12/2025, response/answer due 4/2/2025. (Hadaway, Brant) |
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Filing 38
PAPERLESS ORDER GRANTING #37 Defendant's, Nodus Finance, LLC ("Defendant"), Unopposed Motion for Enlargement of Time to Respond to Complaint. Accordingly, Defendant must respond to Plaintiff's Complaint by April 1, 2025. Signed by Senior Judge Paul C. Huck on 3/12/2025. (jv01)
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| Filing 37 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,,, by Nodus Finance, LLC. (Attachments: #1 Exhibit A)(Rivero, Andres) |
| Filing 36 NOTICE of Attorney Appearance by Andres Rivero on behalf of Nodus Finance, LLC. Attorney Andres Rivero added to party Nodus Finance, LLC(pty:dft). (Rivero, Andres) |
| Filing 35 NOTICE of Attorney Appearance by Sabrina Megan Serber on behalf of Jose G Suarez. Attorney Sabrina Megan Serber added to party Jose G Suarez(pty:dft). (Serber, Sabrina) |
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Filing 34
PAPERLESS ORDER GRANTING #32 Defendant's, Jose G. Suarez ("Defendant"), Unopposed Motion for Enlargement of Time to Respond to Complaint. Accordingly, Defendant must respond to Plaintiff's Complaint by March 25, 2025. Signed by Senior Judge Paul C. Huck on 3/11/2025. (jv01)
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Filing 33
ORDER GRANTING #30 , #31 MOTIONS TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING. Signed by Senior Judge Paul C. Huck on 3/11/2025. See attached document for full details. (jv01)
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| Filing 32 First MOTION for Extension of Time to File Response/Reply/Answer to Complaint by Jose G Suarez. (Attachments: #1 Exhibit Exhibit A - Proposed Order)(Diblasi, Anthony) |
| Filing 31 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Carlos A. Infante, Esq.. Filing Fee $ 250.00 Receipt # AFLSDC-18270200 by Juan Francisco Ramirez. Responses due by 3/24/2025. (Attachments: #1 Certification Certification of Carlos A. Infante, #2 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(Delancy, Adrian) |
| Filing 30 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephanie M. Vilella Alonso, Esq.. Filing Fee $ 250.00 Receipt # AFLSDC-18270150 by Juan Francisco Ramirez. Responses due by 3/24/2025. (Attachments: #1 Certification, #2 Text of Proposed Order)(Delancy, Adrian) |
| Filing 29 NOTICE of Attorney Appearance by Jose Antonio Ortiz on behalf of Jose G Suarez. Attorney Jose Antonio Ortiz added to party Jose G Suarez(pty:dft). (Ortiz, Jose) |
| Filing 28 NOTICE of Attorney Appearance by Anthony Michael Diblasi on behalf of Jose G Suarez. Attorney Anthony Michael Diblasi added to party Jose G Suarez(pty:dft). (Diblasi, Anthony) |
| Reset Response/Answer Due Deadline: Maria Gabriela Vazquez de Ramirez response/answer due 3/21/2025. (ls)(per DE #27) |
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Filing 27
PAPERLESS ORDER GRANTING #25 Defendant's, Maria Gabriela Vasquez De Ramirez ("Defendant"), Agreed Motion for Extension of Time to Respond to Complaint. Accordingly, Defendant must respond to Plaintiff's Complaint by March 21, 2025. Signed by Senior Judge Paul C. Huck on 3/4/2025. (jv01)
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| Filing 26 NOTICE of Filing Proposed Order on Defendants Maria Gabriela Vasquez De Ramirez Agreed Motion for Extension of Time to Respond to Complaint by Maria Gabriela Vazquez de Ramirez re #25 Agreed MOTION for Extension of Time to Respond re #1 Complaint,,,,, (Attachments: #1 Text of Proposed Order) (Lubetsky, Cary) |
| Filing 25 Agreed MOTION for Extension of Time to Respond re #1 Complaint,,,,, by Maria Gabriela Vazquez de Ramirez. Responses due by 3/17/2025. (Lubetsky, Cary) |
| Filing 24 NOTICE of Attorney Appearance by Cary Alan Lubetsky on behalf of Maria Gabriela Vazquez de Ramirez. Attorney Cary Alan Lubetsky added to party Maria Gabriela Vazquez de Ramirez(pty:dft). (Lubetsky, Cary) |
| Filing 23 Certificate of Other Affiliates/Corporate Disclosure Statement of Defendant Juan Francisco Ramirez by Juan Francisco Ramirez identifying Other Affiliate Juan Francisco Ramirez for Juan Francisco Ramirez (Delancy, Adrian) |
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Filing 22
PAPERLESS ORDER GRANTING #20 Defendant's, Juan Francisco Ramirez ("Defendant"), Agreed Motion for Extension of Time to Respond to Complaint. Accordingly, Defendant must respond to Plaintiff's Complaint by March 21, 2025. Signed by Senior Judge Paul C. Huck on 3/3/2025. (jv01)
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| Filing 21 NOTICE OF FILING PROPOSED ORDER ON DEFENDANT JUAN FRANCISCO RAMIREZS AGREED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT by Juan Francisco Ramirez re #20 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,,, (Attachments: #1 Text of Proposed Order Order on Defendant Juan Francisco Ramirezs Agreed Motion for Extension of Time to Respond to Complaint) (Delancy, Adrian) |
| Filing 20 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,,, by Juan Francisco Ramirez. (Delancy, Adrian) |
| Filing 19 NOTICE of Attorney Appearance by Adrian Carlington Delancy on behalf of Juan Francisco Ramirez. Attorney Adrian Carlington Delancy added to party Juan Francisco Ramirez(pty:dft). (Delancy, Adrian) |
| Filing 18 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc.. Jose G Suarez served on 2/19/2025, response/answer due 3/12/2025. (Hadaway, Brant) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc.. Nodus Finance, LLC served on 2/19/2025, response/answer due 3/12/2025. (Hadaway, Brant) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc.. Oceana Key Biscayne Corporation served on 2/7/2025, response/answer due 2/28/2025. (Hadaway, Brant) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc.. Maria Gabriela Vazquez de Ramirez served on 2/10/2025, response/answer due 3/3/2025. (Hadaway, Brant) |
| 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 Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc.. Juan Francisco Ramirez served on 2/10/2025, response/answer due 3/3/2025. (Hadaway, Brant) |
| Filing 13 Plaintiff's NOTICE of Filing Redacted Exhibits by Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc. re #11 Order on Motion to Seal (Hadaway, Brant) |
| Filing 12 NOTICE of Compliance re #11 Order on Motion to Seal. (DEs 1-4 and 1-7 Sealed) (amb) |
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Filing 11
ORDER granting #9 Motion to Seal. Signed by Senior Judge Paul C. Huck on 2/12/2025. See attached document for full details. (amb)
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| Filing 10 CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorneys PACER account for attorney Evan Stroman re #6 Notice of Change of Address, Email or Law Firm Name (pt) |
| Filing 9 Plaintiff's EX PARTE MOTION to Seal Exhibit D [DE-1-4] and Exhibit G [DE-1-7] to Februray 6, 2025 Complaint [DE-1} per Local Rule 5.4 by Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Hadaway, Brant) |
| Filing 8 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Evan Stroman re #6 Notice of Change of Address, Email or Law Firm Name. Attorney Evan Stroman has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 7 CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorneys PACER account for attorney Evan Stroman re #6 Notice of Change of Address, Email or Law Firm Name (pt) |
| Filing 6 NOTICE of Change of Address/Contact Information; by Evan Stroman (Stroman, Evan) |
| Filing 5 Clerk's Notice to Filer re #4 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. (Nodus Financial Holdings, Inc. is not listed on the case). (pc) |
| Filing 4 Plaintiff's Corporate Disclosure Statement by Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc. (Hadaway, Brant) |
| Filing 3 Summons Issued as to Juan Francisco Ramirez, Tomas Niembro Concha, Nodus Finance, LLC, Oceana Key Biscayne Corporation, Morella Rincon de Niembro, Jose G Suarez, Maria Gabriela Vazquez de Ramirez. (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Senior Judge Paul C. Huck. 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. (pc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18184406, filed by Driven, P.S.C. as Liquidation Receiver for Nodus International Bank, Inc.. (Attachments: #1 Exhibit Exhibit A - Investment Certificates, #2 Exhibit Exhibit B - Niembro Promissory Note, April 12, 2022 (3,685,760.00), #3 Exhibit Exhibit C-Oceana Wire Instructions, #4 Exhibit Exhibit D - Niembro Pledge - $4 million (00391833), #5 Exhibit Exhibit E - Ramirez Promissory Note, April 12, 2022 (2,714,240.00), #6 Exhibit Exhibit F-Ramirez wire instructions, #7 Exhibit Exhibit G -Ramirez Pledge - $3 million (00391831), #8 Exhibit Exhibit H - Account Statements CD Our Microlending, #9 Exhibit Exhibit I - Nodus Finance Loan Purchase Agreement, #10 Exhibit Exhibit J - Transaction Balance Sheet, #11 Civil Cover Sheet Civil Cover Sheet, #12 Summon(s) Summons to Tomas Niembro Concha, #13 Summon(s) Summons to Morella Rincon de Niembro (00393309), #14 Summon(s) Summons to Juan Francisco Ramirez (00393307), #15 Summon(s) Summons to Maria Gabriela Vasquez de Ramirez (00393308), #16 Summon(s) Summons to Nodus Finance, LLC (00393312), #17 Summon(s) Summons to Nodus Finance, LLC (00393312), #18 Summon(s) Summons to Jose G. Suarez (00393313))(Hadaway, Brant) |
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