Reagent Fund II, LP v. Lotus Gunworks of South Florida, LLC et al
| Reagent Fund II, LP |
| Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC, 3554 NW Federal Highway, LLC and 2390 Vanderbilt Beach Road, LLC |
| 2:2023cv14256 |
| August 22, 2023 |
| US District Court for the Southern District of Florida |
| Jose E Martinez |
| Shaniek Mills Maynard |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 49 REPLY to #45 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC. (Bender, Marshall) |
| Filing 48 AFFIDAVIT in Opposition re #45 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Reagent Fund II, LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Munoz, Andres) |
| Filing 47 RESPONSE in Opposition re #45 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Reagent Fund II, LP. Replies due by 10/20/2023. (Munoz, Andres) |
| Filing 46 SCHEDULING REPORT - Rule 16.1 by Reagent Fund II, LP (Attachments: #1 Schedule per Courts Pretrial Schedule (ECF 33), #2 Election to Jurisdiction of Magistrate Judge)(Munoz, Andres) |
| Filing 45 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC. Responses due by 10/13/2023 (Attachments: #1 Exhibit 1 Complaint, #2 Exhibit 2 Letter of Intent)(Bender, Marshall) |
Filing 44
PAPERLESS ORDER GRANTING #37 Motion to Appear pro hac vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Benjamin J. Lewis. Signed by Judge Jose E. Martinez on 9/27/2023. (jea)
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Filing 43
PAPERLESS ORDER GRANTING #39 Motion to Appear pro hac vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Stephen Reich. Signed by Judge Jose E. Martinez on 9/27/2023. (jea)
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| Filing 42 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Reagent Fund II, LP (Munoz, Andres) |
| Filing 41 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC (Bender, Marshall) |
| Filing 40 Defendant's NOTICE by 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC of Filing Proposed Order (Attachments: #1 Exhibit Proposed Agreed Order) (Bender, Marshall) |
| Filing 39 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephen Reich. Filing Fee $ 200.00 Receipt # AFLSDC-16899455 by Reagent Fund II, LP. Responses due by 9/20/2023 (Attachments: #1 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Munoz, Andres) |
| Filing 38 NOTICE of Attorney Appearance by Andres Alfredo Munoz on behalf of Reagent Fund II, LP. Attorney Andres Alfredo Munoz added to party Reagent Fund II, LP(pty:pla). (Munoz, Andres) |
| Filing 37 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Benjamin J. Lewis. Filing Fee $ 200.00 Receipt # CFLSDC-16896446 by 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC. Responses due by 9/20/2023 (Bender, Marshall) |
| Filing 36 NOTICE of Attorney Appearance by Marshall Bender on behalf of 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC. Attorney Marshall Bender added to party 2390 Vanderbilt Beach Road, LLC(pty:dft), Attorney Marshall Bender added to party 3554 NW Federal Highway, LLC(pty:dft), Attorney Marshall Bender added to party Lotus Gunworks of South Florida, LLC(pty:dft), Attorney Marshall Bender added to party Lotus Gunworks/Naples, LLC(pty:dft). (Bender, Marshall) |
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Filing 35
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek Mills Maynard on 8/29/2023. See attached document for full details. (nan)
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| Filing 34 PAPERLESS ORDER SETTING DISCOVERY STATUS CONFERENCE VIA ZOOM: I will hold a final discovery status conference on Tuesday, March 19, 2024, at 3:00 P.M. via Zoom. To join, the parties shall log in at least 10 minutes prior to the start time using the Zoom information below from a secure location and with a secure internet connection. **Please test your device's audio/video settings prior to joining the conference for functionality.** Join ZoomGov Meeting: # Zoom Link Meeting ID: 161 921 4596 Passcode: 185708 If the link does not work, paste this link information into your address bar and go: https://www.zoomgov.com/j/1619214596?pwd=ZWgzYUsyRmFqdmdsUnYvdzdaUjVRUT09 Prior to the conference, by Wednesday, March 13, 2024, the parties shall file a Joint Discovery Status Report addressing (1) what discovery has been propounded by each party; (2) if the discovery requests have been answered; (3) the status of depositions, including the number of depositions taken, those that remain to be taken and if they have been scheduled, and an explanation of any delay in deposition scheduling; (4) the status of expert disclosures; (5) if there are any outstanding discovery disputes; (6) if the parties believe a discovery status conference is needed and whether it may be canceled; and (7) if the parties can certify that all discovery will be completed by the discovery deadline. I encourage the parties to keep in mind their obligations in discovery and to work cooperatively to complete discovery in this case as efficiently and expeditiously as possible. To the extent either party believes Court intervention is necessary, such party shall abide by the procedures set forth in my forthcoming Discovery Procedures Order. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 8/29/2023. (jrz) |
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Filing 33
Order Setting Civil Trial Date And Pretrial Schedule, Requiring Mediation, And Referring Certain Motions To Magistrate Judge : Jury Trial set for 8/26/2024 09:30 AM in Fort Pierce Division before Judge Jose E. Martinez. Calendar Call set for 8/22/2024 01:30 PM in Miami Division before Judge Jose E. Martinez. All discovery motions and all motions that relate directly to these motions, such as motions for extension of time, motions for reconsideration, motions for sanctions, and motions for mental or physical examinations, are referred to United States Magistrate Judge Shaniek M. Maynard to take all appropriate action. Signed by Judge Jose E. Martinez on 8/29/2023. See attached document for full details. (rbe) #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 32 Bar Letter re: Admissions sent to attorney Stephen Reich, Kenneth A. Reich, Benjamin J. Lewis, Michael McGee, Andrew C. Helman, mailing date August 22, 2023, (pt) |
| Filing 31 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (jua) |
| Filing 30 Case transferred in from Massachusetts; Case Number 1:22-cv-12124. Electronic file including transfer order and docket sheet received. .(jua). |
| Filing 29 Case electronically transferred to the Southern District of Florida per #28 Consent to Transfer. Original case file sent to the Clerk in that district. (Pacho, Arnold) |
| Filing 28 Consent to transfer to Southern District of FL Letter/request (non-motion) from Plaintiff's Counsel Stephen Reich. (Reich, Stephen) |
| Filing 27 District Judge Angel Kelley: MEMORANDUM AND ORDER entered on Defendants' Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue. For the reasons explained in the attached memorandum, the Defendants motion #19 is GRANTED. The Court will make a final determination on whether the case will be transferred or dismissed following any supplemental filing by Plaintiff within seven (7) days of this order. (Pacho, Arnold) |
| Filing 26 NOTICE of Request for Oral Argument by 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC (Helman, Andrew) |
| Filing 25 REPLY to Response to #19 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue; or in the Alternative to Transfer for Improper Venue filed by 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC. (Helman, Andrew) |
| Filing 24 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #23 MOTION for Leave to File Reply in Support of Their Motion to Dismiss. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order) - in the caption of the document. (Pacho, Arnold) |
| Filing 23 MOTION for Leave to File Reply in Support of Their Motion to Dismiss by 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC. (Attachments: #1 Exhibit 1 - Reply in Support of Motion to Dismiss, #2 Proposed Order)(Helman, Andrew) |
| Filing 22 First ADDENDUM re #19 MOTION to Dismiss Corrected Exhibit A re: Memorandum of Law in Support of Plaintiff Reagent's Opposition_file filed by Reagent Fund II, LP. (Reich, Stephen) |
| Filing 21 First Opposition re #19 MOTION to Dismiss filed by Reagent Fund II, LP. (Attachments: #1 Memorandum of Law, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Reich, Stephen) |
| Filing 20 MEMORANDUM in Support of #19 their Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue; Or in the Alternative to Transfer for Improper Venue filed by 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC. (Attachments: #1 Exhibit 1) [Memorandum re-filed by clerk as a separate entry per CM/ECF procedures.] (Pacho, Arnold) |
| Filing 19 MOTION to Dismiss by 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC. (Attachments: #2 Text of Proposed Order Order to Dismiss, #3 Text of Proposed Order Order of Transfer - Middle District Florida, #4 Text of Proposed Order Order of Transfer - Southern Florida)(Helman, Andrew) Modified on 2/17/2023 to docket attachment # 1 memorandum of law as a separate entry, see dkt. #20 . (Pacho, Arnold). |
| Filing 18 ELECTRONIC NOTICE of Case RE-Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
| Filing 17 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Reich, Stephen) |
| Filing 16 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Russo, Noreen) |
| Filing 15 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting #13 Motion for Leave to Appear Pro Hac Vice Added Michael McGee, Esq.. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Russo, Noreen) |
| Filing 14 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting #12 Motion for Leave to Appear Pro Hac Vice Added Benjamin J. Lewis, Esq.. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Russo, Noreen) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice for admission of Michael McGee Filing fee: $ 125, receipt number AMADC-9716753 by 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC.(Helman, Andrew) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice for admission of Benjamin Lewis Filing fee: $ 125, receipt number AMADC-9716715 by 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC. (Attachments: #1 Exhibit A - Jurisdiction)(Helman, Andrew) |
| Filing 11 NOTICE of Appearance by Andrew C. Helman on behalf of 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC (Helman, Andrew) |
| Filing 10 NOTICE of Appearance by Stephen Reich on behalf of Reagent Fund II, LP (Reich, Stephen) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Reagent Fund II, LP. All Defendants. (Reich, Kenneth) |
| Filing 8 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice Added Stephen Reich, Esq. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Russo, Noreen) |
| Filing 7 Notice of correction to docket made by Court staff: former docket entry #7 was deleted as entry was done in error. (Russo, Noreen) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice for admission of Stephen Reich Filing fee: $ 100, receipt number AMADC-9639002 by Reagent Fund II, LP. (Attachments: #1 Exhibit)(Reich, Kenneth) |
| Filing 5 Summons Issued as to 2390 Vanderbilt Beach Road, LLC, 3554 NW Federal Highway, LLC, Lotus Gunworks of South Florida, LLC, Lotus Gunworks/Naples, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (de Oliveira, Flaviana) |
| Filing 4 NOTICE of Case Assignment. Magistrate Judge Donald L. Cabell assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Danieli, Chris) |
| Filing 3 Civil Cover Sheet & Category Sheet re #1 Complaint, by Reagent Fund II, LP. (Reich, Kenneth) |
| Filing 2 ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. Form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents - Civil Cover Sheet & Category Sheet. https://www.mad.uscourts.gov/resources/forms-local.htm (de Oliveira, Flaviana) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9630778 (Fee Status: Filing Fee paid), filed by REAGENT FUND, ll, LP. (Attachments: #1 Civil Cover Sheet)(Reich, Kenneth) (Attachment 1 replaced with instructions page removed on 12/15/2022) (de Oliveira, Flaviana). |
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