Zhejiang Julu Industry and Trade Development Co., Ltd v. MBR Dynamic Parts Corp.
Plaintiff: Zhejiang Julu Industry and Trade Development Co., Ltd
Defendant: MBR Dynamic Parts Corp.
Case Number: 1:2026cv23336
Filed: May 12, 2026
Court: U.S. District Court for the Southern District of Florida
Presiding Judge: Marty Fulgueira Elfenbein
Referring Judge: K Michael Moore
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Defendant
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on July 8, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 8, 2026 Filing 25 Defendant's ANSWER and Affirmative Defenses to Complaint with Jury Demand by MBR Dynamic Parts Corp.. (Gaudioso, Keith)
July 8, 2026 Opinion or Order Filing 24 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Verified Motion to Vacate Clerk's Default. #20 . Therein, Defendant represents that shortly after its President, Roger Garcia, returned from a business trip, he misplaced the summons and Complaint, causing Defendant to miss its June 8, 2026 response deadline. Id. at 2. Upon learning of the missed deadline, Defendant contends that it immediately retained counsel on June 9, 2026. See id. That same day, defense counsel prepared a notice of appearance and a motion for an extension of time, but the Clerk had already entered default. See id.; see also (ECF No. 17). Defendant argues that good cause exists to vacate the Clerk's default because: (1) Defendant acted promptly to correct the default; (2) the default was not intentional or willful; and (3) "Plaintiff is not prejudiced by the relief requested and... [Defendant] has meritorious defenses to Plaintiff's claims." See (ECF No. 20) at 4. Plaintiff "takes no position on whether the Clerk's [d]efault should be set aside." See (ECF No. 21) at 2. Pursuant to Federal Rule of Civil Procedure Rule 55(c), a court has discretion to set aside an entry of default for "good cause." The movant must only make a "bare minimum showing" to support its claim for relief. See Jones v. Harrell, 858 F.2d 667, 669 (11th Cir. 1988). "Good cause" is "a liberal [standard]-but not so elastic as to be devoid of substance." See Compania Interamericana Export-Import, S.A. v. Compania Dominicana de Aviacion, 88 F.3d 948, 951 (11th Cir. 1996) (citation omitted). In evaluating good cause, courts consider whether the default was culpable or willful, the speed with which the defaulting party sought to correct the entry of default, and whether setting aside the default will prejudice the adversary. See SEC v. Johnson, 436 Fed. App'x 939, 945 (11th Cir. 2011) (per curiam). Here, the Court finds good cause to vacate the entry of default. Although Defendant acknowledges that its failure to timely respond to the Complaint resulted from its own negligence, the record contains no indication that the default was willful. See (ECF No. 20) at 4. Rather, Defendant acted promptly to retain counsel upon discovering its error, with counsel appearing on June 9, 2026. See (ECF No. 18). Moreover, Plaintiff does not oppose the Motion. See (ECF No. 21) at 2. Under these circumstances, vacating the entry of default is consistent with the Eleventh Circuit's "strong policy of determining cases on their merits." See In re Worldwide Web Sys., Inc., 328 F.3d 1291, 1295 (11th Cir. 2003) (citations omitted). Accordingly, 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 #20 is GRANTED. The Clerk of Court is instructed to VACATE the Clerk's entry of default against Defendant. It is FURTHER ORDERED that Defendant shall separately file its Answer and Affirmative Defenses (ECF No. 20-1) on the docket on or before July 13, 2026. Signed by Judge K. Michael Moore on 7/8/2026. (ss02)
July 2, 2026 Opinion or Order Filing 23 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Extension of Time to File Motion for Default Judgment. #22 . Therein, Plaintiff seeks a ten-day extension of time to file its Motion for Default Judgment following adjudication of Defendant's pending Verified Motion to Vacate Clerk's Default (the "Vacate Motion") (ECF No. 20). See (ECF No. 22) at 2. In support thereof, Plaintiff contends that "filing a default-judgment motion under these circumstances would risk unnecessary cost and expense to the [P]arties and consumption of judicial resources on a motion that may be rendered moot." See id. Accordingly, 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 #22 is GRANTED. If the Court denies Defendant's Vacate Motion, Plaintiff shall file its Motion for Default Judgment within ten (10) days of the entry of that Order. Signed by Judge K. Michael Moore on 7/2/2026. (ss02)
July 1, 2026 Filing 22 Plaintiff's MOTION for Extension of Time to File Motion for Default Judgment re 19 Notice of Court Practice/to Appear/Other,,,, by Zhejiang Julu Industry and Trade Development Co., Ltd. Responses due by 7/15/2026. (Attachments: #1 Text of Proposed Order Proposed Order on Motion for Extension of Time to File Motion for Default Judgment)(Esser, Nicholas)
June 30, 2026 Filing 21 RESPONSE to Motion re #20 Defendant's MOTION to Vacate #17 Clerk's Entry/Non-Entry of Default filed by Zhejiang Julu Industry and Trade Development Co., Ltd. Replies due by 7/7/2026. (Esser, Nicholas)
June 16, 2026 Filing 20 Defendant's MOTION to Vacate #17 Clerk's Entry/Non-Entry of Default by MBR Dynamic Parts Corp.. Responses due by 6/30/2026. (Attachments: #1 Exhibit Proposed Answer and Affirmative Defenses)(Gaudioso, Keith)
June 11, 2026 Opinion or Order Filing 19 PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk's Entry of Default against Defendant MBR Dynamic Parts Corp ("Defendant"). #17 . Plaintiff is instructed to file a Motion for Default Judgment pursuant to Fed. R. Civ. P. 55(b) within twenty (20) days of the date of this Notice, or the Court will be divested of jurisdiction to enforce any judgment against Defendant. Plaintiff's Motion should include what Counts from the Complaint that Plaintiff alleges against the defaulting Defendant, and affidavits detailing corresponding damages. "Damages may be awarded only if the record adequately reflects the basis for award via... 'a demonstration by detailed affidavits establishing the necessary facts.'" Adolph Coors Co. v. Movement against Racism & Klan, 777 F.2d 1538, 1544 (11th Cir. 1985) (quoting United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979)). Plaintiff must also submit appropriate proposed orders so as to conform its submission to the Southern District of Florida Local Rules. Signed by Judge K. Michael Moore on 6/11/2026. (ss02)
June 9, 2026 Filing 18 NOTICE of Attorney Appearance by Keith R. Gaudioso on behalf of MBR Dynamic Parts Corp.. Attorney Keith R. Gaudioso added to party MBR Dynamic Parts Corp.(pty:dft). (Gaudioso, Keith)
June 9, 2026 Filing 17 VACATED Clerk's Entry of Default as to MBR Dynamic Parts Corp. - Motions Terminated: #16 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 6/9/2026. (pcs) Modified on 7/8/2026 (cqs). Per DE 24 .
June 9, 2026 Filing 16 Plaintiff's MOTION for Clerk's Entry of Default as to MBR Dynamic Parts Corp. by Zhejiang Julu Industry and Trade Development Co., Ltd. Attorney Nicholas Hallie Esser added to party Zhejiang Julu Industry and Trade Development Co., Ltd(pty:pla). Responses due by 6/23/2026. (Attachments: #1 Exhibit Ex A - Declaration ISO Clerk's Default, #2 Exhibit Ex 1 - Affidavit of Return of Service on MBR Dynamic)(Esser, Nicholas)
May 21, 2026 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 Zhejiang Julu Industry and Trade Development Co., Ltd. MBR Dynamic Parts Corp. served on 5/18/2026, response/answer due 6/8/2026. (Palenzuela, Maximilien)
May 14, 2026 Filing 14 CLERK'S NOTICE - Attorney Admissions has accepted the email information change request as submitted through attorneys PACER account for attorney Maximilien Roberto Palenzuela (pt)
May 14, 2026 Filing 13 CLERK'S NOTICE - Attorney Admissions has accepted the address information change request(s) as submitted through attorneys PACER account for attorney Maximilien Palenzuela (nwn)
May 13, 2026 Opinion or Order Filing 12 ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/13/2026. See attached document for full details. (wce)
May 13, 2026 Filing 11 Summons Issued as to MBR Dynamic Parts Corp.. (wce)
May 13, 2026 Filing 10 NOTICE of Change of Email; Law Firm. by Maximilien Roberto Palenzuela (Palenzuela, Maximilien)
May 13, 2026 Filing 9 NOTICE of Filing Proposed Summons(es) by Zhejiang Julu Industry and Trade Development Co., Ltd re 4 Clerk's Notice to Filer re: Electronic Case, Summons(es) (Attachments: #1 Summon(s)) (Palenzuela, Maximilien)
May 13, 2026 Filing 8 NOTICE of Compliance by Zhejiang Julu Industry and Trade Development Co., Ltd re 3 Clerk's Notice to Filer re: Electronic Case, (Palenzuela, Maximilien)
May 13, 2026 Filing 7 Clerks Notice of Receipt of Filing Fee received on 5/13/2026 in the amount of $ 405.00, receipt number 317507. (vt)
May 13, 2026 Opinion or Order Filing 6 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 5/13/2026. (ss02)
May 13, 2026 Opinion or Order Filing 5 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 5/13/2026. (ss02)
May 12, 2026 Filing 4 Clerk's Notice to Filer re: Summons(es) will not be issued. The filing fee has not been paid. Filer may file a Notice of Filing Proposed Summons(es) with the summons attached upon payment of filing fee. (wce)
May 12, 2026 Filing 3 Clerk's Notice to Filer re: Electronic Case. Filing fees not paid. Filer is instructed to file a Notice of Compliance of Filing Fee, and electronically pay the correct fees of $405.00 within 24 hours of this notice. (wce)
May 12, 2026 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. (wce)
May 12, 2026 Filing 1 COMPLAINT against Zhejiang Julu Industry and Trade Development Co., Ltd. Filing fees $ 405.00. IFP Filed, filed by Zhejiang Julu Industry and Trade Development Co., Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Summon(s))(Palenzuela, Maximilien)

Access additional case information on PACER

Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.

Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Zhejiang Julu Industry and Trade Development Co., Ltd v. MBR Dynamic Parts Corp.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Zhejiang Julu Industry and Trade Development Co., Ltd
Represented By: Maximilien Roberto Palenzuela
Represented By: Nicholas Hallie Esser
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: MBR Dynamic Parts Corp.
Represented By: Keith R. Gaudioso
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?