Atlantic Auto Performance Ltd v. Automotive Consultants of Hollywood Inc et al
| Atlantic Auto Performance Ltd and Atlantic Auto Performance Ltd. |
| Comerica Bank, Automotive Consultants of Hollywood Inc and Automotive Consultants of Hollywood, Inc. |
| 9:2020cv80616 |
| April 8, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 21
ORDER CLOSING CASE upon #20 Joint Stipulation of Voluntary Dismissal based upon Settlement; Dismissing Action without prejudice; Closing Case. Signed by Judge Donald M. Middlebrooks on 6/2/2020. See attached document for full details. (ls)
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| Filing 20 STIPULATION of Dismissal based upon Settlement by Atlantic Auto Performance Ltd. (Weinman, Richard) Modified Text on 6/2/2020 (ls). |
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Filing 19
PAPERLESS ORDER granting in part #18 Defendant's Unopposed Motion for Extension of Time. In the present Motion, Defendant requests a twenty day extension of time to respond to Plaintiff's Amended Complaint because its "counsel was just retained and because the issues need to be analyzed and compiled." (DE #18 at 1). Under these circumstances, I will grant a limited extension. Defendant's deadline to the respond to the Amended Complaint is extended until June 1, 2020. Signed by Judge Donald M. Middlebrooks on 5/20/2020. (jdr)
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| Filing 18 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #9 Amended Complaint, by Automotive Consultants of Hollywood, Inc.. Attorney Joshua Scott Widlansky added to party Automotive Consultants of Hollywood, Inc.(pty:dft). (Widlansky, Joshua) |
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Filing 17
PAPERLESS ORDER. Plaintiff filed a Return of Service Affidavit indicating that Defendant was served on April 13, 2020, making the deadline for it to respond to the Complaint May 4, 2020. (DE #13 ). Defendant did not respond by the deadline. Accordingly, if Plaintiff intends to seek final default judgment in this matter, Plaintiff must file a Motion for Clerk's Entry of Default against Defendant on or by May 22, 2020. Any subsequent Motion for Final Default Judgment against Defendant must be made by Plaintiff within ten (10) days after Clerk's entry of default. Pursuant to S.D. Fla. Local Rule 7.1(a)(2), motions for default judgment must be "accompanied by a proposed order that is filed and submitted via e-mail to the Court as prescribed by Section 3I(6) of the CM/ECF Administrative Procedures." Thus, in conjunction with filing any Motion for Final Default Judgment, Plaintiff must send a proposed order in Word format to the Court's e-mail in accordance with Local Rule 7.1(a)(2). Plaintiff's proposed order granting final default judgment must contain legal analysis as to the claims on which Plaintiff is seeking default and how the facts pled, taken as true, justify awarding Plaintiff default judgment. Failure to comply with these deadlines may result in dismissal without prejudice. Signed by Judge Donald M. Middlebrooks on 5/18/2020. (jdr)
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| Filing 16 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Atlantic Auto Performance Ltd. (Weinman, Richard) |
| Filing 15 Clerks Notice to Filer re #13 Summons Returned Executed,. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk and filing was re-docketed, see [de#14]. It is not necessary to refile this document. (ls) |
| 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 Atlantic Auto Performance Ltd.. Automotive Consultants of Hollywood, Inc. served on 4/13/2020, answer due 5/4/2020. (ls)(See Image at DE #13) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #9 Amended Complaint, with a response/answer filing deadline pursuant to Fed. R. Civ. P. 15 as determined by the attorney/filer of 5/04/2020 by Atlantic Auto Performance Ltd.. Automotive Consultants of Hollywood, Inc. served on 4/13/2020. (Weinman, Richard) |
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Filing 12
ORDER denying #10 Motion to Stay Proceedings or, Alternatively, to Extend Time Complaint. Signed by Judge Donald M. Middlebrooks on 4/28/2020. See attached document for full details. (scn)
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| Filing 11 Clerks Notice to Filer re #10 Agreed MOTION to Stay Proceedings or, alternatively, to Extend Time. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) |
| Filing 10 Agreed MOTION to Stay Proceedings or, Alternatively, by Atlantic Auto Performance Ltd.. Responses due by 5/7/2020 (Attachments: #1 Text of Proposed Order)(Weinman, Richard). Added MOTION for Extension of Time to File Response/Reply/Answer as to #9 Amended Complaint on 4/24/2020 (ls). |
| Filing 9 AMENDED COMPLAINT against Automotive Consultants of Hollywood Inc, filed by Atlantic Auto Performance Ltd. (Attachments: #1 Exhibit A - Contract #1, #2 Exhibit B - Contract #2, #3 Exhibit C - Emails, #4 Exhibit D - Demand Letter)(Weinman, Richard) |
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Filing 8
PAPERLESS ORDER striking #7 Agreed Notice of Dismissal of Count I of Complaint and Dismissal of Relief Defendant, Comerica Bank. In the present Notice, Plaintiff seeks to voluntarily dismiss Count I of its Complaint as to all Defendants. However, while Federal Rule of Civil Procedure 41 allows a plaintiff to dismiss all claims against a particular defendant, "its text does not permit plaintiffs to pick and choose, dismissing only particular claims within an action." Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1106 (11th Cir. 2004). "'A plaintiff wishing to eliminate particular claims or issues from the action should amend the complaint under Rule 15(a) rather than dismiss under Rule 41(a).'" Id. (quoting 8 Moores Federal Practice 41.21 2 , at 4132). Therefore, to the extent Plaintiff wishes to remove Count I from its Complaint, Plaintiff is directed to file an amended complaint by April 20, 2020. Signed by Judge Donald M. Middlebrooks on 4/15/2020. (jdr)
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| Filing 7 NOTICE of Voluntary Dismissal of Count I of Complaint and Dismissal of Relief Defendant, Comerica Bank by Atlantic Auto Performance Ltd (Weinman, Richard) |
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Filing 6
ORDER STRIKING Emergency Designation of #1 Complaint, filed by Atlantic Auto Performance Ltd Signed by Judge Donald M. Middlebrooks on 4/9/2020. See attached document for full details. (pcs)
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| Filing 5 NOTICE of Filing by Atlantic Auto Performance Ltd re #1 Complaint,, (Attachments: #1 Exhibit A - Plaintiff's Verification of Complaint) (Weinman, Richard) Modified Text on 4/10/2020 (ls). |
| Filing 4 Summons Issued as to Comerica Bank. (scn) |
| Filing 3 Summons Issued as to Automotive Consultants of Hollywood Inc. (scn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (scn) |
| Filing 1 Emergency Designation STRICKEN per Order DE #6 COMPLAINT for Temporary Restraining Order/Injunctive Relief and Damages against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12718164, filed by Atlantic Auto Performance Ltd. (Attachments: #1 Exhibit Exhibit A - Contract for Vehicle #1, #2 Exhibit Exhibit B - Contract for Vehicle #2, #3 Exhibit Exhibit C - Emails between Plaintiff and Defendant, #4 Exhibit Exhibit D - Demand Letter, #5 Exhibit Exhibit E - Emails with Mr. Ceresa, #6 Exhibit Exhibt F - Car Fax Vehicle #2, #7 Exhibit Exhibit G - Emails with Dealer, #8 Civil Cover Sheet Civil Cover Sheet, #9 Summon(s), #10 Summon(s))(Weinman, Richard) Modified on 4/9/2020 (pcs). |
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