Texas Insurance Company v. SUN AFRICA, LLC et al
| Texas Insurance Company |
| SUN AFRICA, LLC, UGT RENEWABLES, LLC, GORAN RAJSIC, ADAM CORTESE, ROBERT DOYLE, MAINSTREAM ENERGY INVESTMENTS LLC, THE ROBERT J. BERMAN TRUST, NIKOLA KRNETA, ROBERT J BERMAN and ABACUS ENERGY INVESTMENTS LLC |
| 1:2026cv23233 |
| May 7, 2026 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on July 2, 2026. A more recent docket listing may be available from PACER.
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Filing 23
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Enlargement of Time to Hold Scheduling Conference. #21 . Therein, Plaintiff requests an extension until August 4, 2026, to hold the required joint scheduling conference because it has thus far not succeeded at serving four Defendants. Id. at 2. In the Court's Paperless Pretrial Order, the Court stated that "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." (ECF No. 4). Plaintiff's requested extension would be an extension of less than one month and would not move the deadline to more than ninety (90) days from the filing of the Complaint. See (ECF No. 21) at 2. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion #21 is GRANTED. The Parties' deadline to conduct a joint scheduling conference is reset to August 4, 2026. Signed by Judge K. Michael Moore on 7/2/2026. (hyn)
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Filing 22
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Nikola Krneta and Mainstream Energy Investments LLC's ("Moving Defendants") Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. #17 . Moving Defendants request that their respective deadlines to respond to Plaintiff's Complaint be moved by more than six weeks to August 28, 2026. Id. at 1. Moving Defendants state that this extension would align their deadlines to respond with Defendants Robert Berman and the Robert J. Berman Trust, who are represented by the same attorneys as Moving Defendants. Id. at 2. Moving Defendants state that aligning the deadlines to respond for each of these four Defendants would "promote efficiency and conserve the resources of both the parties and the Court." Id. Further, an extension would allow Defendants' counsel "sufficient time to review the allegations of the Complaint, investigate the relevant facts, confer with Defendants, evaluate potential defenses, and prepare an appropriate responsive pleading." Id. The Court finds there is good cause to grant such an extension. Accordingly, UPON CONSIDERATION of the Unopposed Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that Moving Defendants' Motion #17 is GRANTED. Defendants Nikola Krneta and Mainstream Energy Investments LLC shall respond to Plaintiff's Complaint on or before August 28, 2026. Signed by Judge K. Michael Moore on 7/1/2026. (hyn)
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| Filing 21 MOTION for Extension of Time to hold the Local Rule 16.1(b) Scheduling Conference by Texas Insurance Company. Responses due by 7/15/2026. (Attachments: #1 Text of Proposed Order)(Drawas, Jesse) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Texas Insurance Company. ROBERT J BERMAN waiver sent on 6/29/2026, response/answer due 8/28/2026. (Drawas, Jesse) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Texas Insurance Company. THE ROBERT J. BERMAN TRUST waiver sent on 6/29/2026, response/answer due 8/28/2026. (Drawas, Jesse) |
| 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 Texas Insurance Company. ABACUS ENERGY INVESTMENTS LLC served on 6/16/2026, response/answer due 7/7/2026. (Drawas, Jesse) |
| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by NIKOLA KRNETA, MAINSTREAM ENERGY INVESTMENTS LLC. Responses due by 7/14/2026. (Attachments: #1 Text of Proposed Order)(Caprio, Courtney) |
| Filing 16 NOTICE of Attorney Appearance by Courtney Anne Caprio on behalf of ROBERT J BERMAN, NIKOLA KRNETA, MAINSTREAM ENERGY INVESTMENTS LLC, THE ROBERT J. BERMAN TRUST. Attorney Courtney Anne Caprio added to party ROBERT J BERMAN(pty:dft), Attorney Courtney Anne Caprio added to party NIKOLA KRNETA(pty:dft), Attorney Courtney Anne Caprio added to party MAINSTREAM ENERGY INVESTMENTS LLC(pty:dft), Attorney Courtney Anne Caprio added to party THE ROBERT J. BERMAN TRUST(pty:dft). (Caprio, Courtney) |
| Filing 15 NOTICE of Attorney Appearance by Amanda Suarez on behalf of ROBERT J BERMAN, NIKOLA KRNETA, MAINSTREAM ENERGY INVESTMENTS LLC, THE ROBERT J. BERMAN TRUST. Attorney Amanda Suarez added to party ROBERT J BERMAN(pty:dft), Attorney Amanda Suarez added to party NIKOLA KRNETA(pty:dft), Attorney Amanda Suarez added to party MAINSTREAM ENERGY INVESTMENTS LLC(pty:dft), Attorney Amanda Suarez added to party THE ROBERT J. BERMAN TRUST(pty:dft). (Suarez, Amanda) |
| Filing 14 Amended Summons Issued as to SUN AFRICA, LLC, UGT RENEWABLES, LLC. (cwc) |
| Filing 13 Plaintiff's NOTICE of Filing - Amended Summons by Texas Insurance Company (Attachments: #1 Summon(s) to UGT Renewables, LLC, #2 Summon(s) to Sun Africa, LLC) (Drawas, Jesse) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Texas Insurance Company. ROBERT DOYLE served on 6/15/2026, response/answer due 7/6/2026. (Drawas, Jesse) |
| 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 Texas Insurance Company. NIKOLA KRNETA served on 6/16/2026, response/answer due 7/7/2026. (Drawas, Jesse) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Texas Insurance Company. MAINSTREAM ENERGY INVESTMENTS LLC served on 6/15/2026, response/answer due 7/6/2026. (Drawas, Jesse) |
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing brought on behalf of Attorneys Michael D. Sharp, Esq. #7 and David T. Brown, Esq. #8 . 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 Motions at #7 and #8 are GRANTED. Michael D. Sharp and David T. Brown may appear pro hac vice in this matter on behalf of Plaintiff Texas Insurance Company. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected] and [email protected]. Signed by Judge K. Michael Moore on 6/5/2026. (hyn)
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| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David T. Brown. Filing Fee $ 250.00 Receipt # AFLSDC-19618761 by Texas Insurance Company. Responses due by 6/18/2026. (Attachments: #1 Text of Proposed Order)(Drawas, Jesse) |
| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael D. Sharp. Filing Fee $ 250.00 Receipt # AFLSDC-19618725 by Texas Insurance Company. Responses due by 6/18/2026. (Attachments: #1 Text of Proposed Order)(Drawas, Jesse) |
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Filing 6
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/11/2026. See attached document for full details. (cwc)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. 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 Marty Fulgueira Elfenbein 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 Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 5/11/2026. (hyn)
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Filing 4
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. Signed by Judge K. Michael Moore on 5/11/2026. (hyn)
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| Filing 3 Summons Issued as to ABACUS ENERGY INVESTMENTS LLC, ROBERT J BERMAN, ADAM CORTESE, ROBERT DOYLE, NIKOLA KRNETA, MAINSTREAM ENERGY INVESTMENTS LLC, GORAN RAJSIC, SUN AFRICA, LLC, THE ROBERT J. BERMAN TRUST, UGT RENEWABLES, LLC. (cwc) |
| 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 Marty Fulgueira Elfenbein 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. (cwc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-19517829, filed by Texas Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) - UGT RENEWABLES, LLC, #3 Summon(s) - SUN AFRICA, LLC, #4 Summon(s) - ROBERT J. BERMAN, #5 Summon(s) - GORAN RAJSIC, #6 Summon(s) - ROBERT DOYLE, #7 Summon(s) - NIKOLA KRNETA, #8 Summon(s) - ADAM CORTESE, #9 Summon(s) - MAINSTREAM ENERGY INVESTMENTS LLC, #10 Summon(s) - THE ROBERT J. BERMAN TRUST, #11 Summon(s) - ABACUS ENERGY INVESTMENTS LLC, #12 Exhibit 1 - Insurance Policy, #13 Exhibit 2 - Insurance Application, #14 Exhibit 3 - Amended Complaint (public version))(Drawas, Jesse) |
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