Hyundai Motor America Corporation v. North American Automotive Services, Inc. et al
Plaintiff: Hyundai Motor America Corporation
Defendant: EFN WEST PALM MOTOR SALES, LLC, Edward Napleton, Jr., Ernie Revuelta, North American Automotive Services, Inc., Gene Khaytin, Richard Roes and John Does
Case Number: 9:2020cv82102
Filed: November 17, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Dave Lee Brannon
Referring Judge: Donald M Middlebrooks
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1961
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2021 Opinion or Order Filing 33 PAPERLESS ORDER granting #30 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael P. McMahan. Signed by Judge Donald M. Middlebrooks on 1/14/2021. (kal)
January 14, 2021 Opinion or Order Filing 32 PAPERLESS ORDER granting #29 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Russell P. McRory. Signed by Judge Donald M. Middlebrooks on 1/14/2021. (kal)
January 14, 2021 Opinion or Order Filing 31 REPLY to Response to Motion re #17 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by EFN WEST PALM MOTOR SALES, LLC, John Does, Gene Khaytin, Edward Napleton, Jr, North American Automotive Services, Inc., Ernie Revuelta, Richard Roes. (Gallaer, Charles)
January 13, 2021 Opinion or Order Filing 30 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael Palmer McMahan. Filing Fee $ 200.00 Receipt # AFLSDC-14208622 by EFN WEST PALM MOTOR SALES, LLC, John Does, Gene Khaytin, Edward Napleton, Jr, North American Automotive Services, Inc., Ernie Revuelta, Richard Roes. Responses due by 1/27/2021 (Attachments: #1 Certificate of Good Standing-Michael McMahan, #2 Text of Proposed Order)(Gallaer, Charles)
January 13, 2021 Opinion or Order Filing 29 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Russell Pries McRory. Filing Fee $ 200.00 Receipt # AFLSDC-14208554 by EFN WEST PALM MOTOR SALES, LLC, John Does, Gene Khaytin, Edward Napleton, Jr, North American Automotive Services, Inc., Ernie Revuelta, Richard Roes. Responses due by 1/27/2021 (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Gallaer, Charles)
January 7, 2021 Opinion or Order Filing 28 RESPONSE in Opposition re #17 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Hyundai Motor America Corporation. Replies due by 1/14/2021. (Fender, Loren)
January 7, 2021 Opinion or Order Filing 27 Proposed SCHEDULING REPORT - Rule 26(f) by Hyundai Motor America Corporation (Rudock, Robert)
January 6, 2021 Opinion or Order Filing 26 PAPERLESS ORDER granting #24 Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kevin J. Malloy. Kevin J. Malloy may participate in this matter on behalf of Plaintiff Hyundai Motor America Corporation. The Clerk of Court shall provide all electronic filings to Kevin J. Malloy at kevin.malloy@bowmanandbrooke.com. Signed by Judge Donald M. Middlebrooks on 1/6/2021. (kal)
January 6, 2021 Opinion or Order Filing 25 PAPERLESS ORDER granting #23 Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Joel H. Smith. Joel H. Smith may participate in this matter on behalf of Plaintiff Hyundai Motor America Corporation. The Clerk of Court shall provide all electronic filings to Joel H. Smith at joel.smith@bowmanandbrooke.com. Signed by Judge Donald M. Middlebrooks on 1/6/2021. (kal)
January 5, 2021 Opinion or Order Filing 24 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kevin J. Malloy. Filing Fee $ 200.00 Receipt # AFLSDC-14156112 by Hyundai Motor America Corporation. Responses due by 1/19/2021 (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(Rudock, Robert)
January 5, 2021 Opinion or Order Filing 23 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joel H. Smith. Filing Fee $ 200.00 Receipt # AFLSDC-14155967 by Hyundai Motor America Corporation. Responses due by 1/19/2021 (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(Rudock, Robert)
January 4, 2021 Opinion or Order Filing 22 CERTIFICATE OF SERVICE by Hyundai Motor America Corporation re #1 Complaint, (Rudock, Robert)
January 4, 2021 Opinion or Order Filing 21 CERTIFICATE OF SERVICE by Hyundai Motor America Corporation re #1 Complaint, (Rudock, Robert)
January 4, 2021 Opinion or Order Filing 20 CERTIFICATE OF SERVICE by Hyundai Motor America Corporation re #1 Complaint, (Rudock, Robert)
January 4, 2021 Opinion or Order Filing 19 CERTIFICATE OF SERVICE by Hyundai Motor America Corporation re #1 Complaint, (Rudock, Robert)
January 4, 2021 Opinion or Order Filing 18 CERTIFICATE OF SERVICE by Hyundai Motor America Corporation re #1 Complaint, (Rudock, Robert)
December 24, 2020 Opinion or Order Filing 17 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by EFN WEST PALM MOTOR SALES, LLC, John Does, Gene Khaytin, Edward Napleton, Jr, North American Automotive Services, Inc., Ernie Revuelta, Richard Roes. Attorney Charles Andrew Gallaer added to party EFN WEST PALM MOTOR SALES, LLC (pty:dft), Attorney Charles Andrew Gallaer added to party John Does(pty:dft), Attorney Charles Andrew Gallaer added to party Gene Khaytin(pty:dft), Attorney Charles Andrew Gallaer added to party Edward Napleton, Jr(pty:dft), Attorney Charles Andrew Gallaer added to party North American Automotive Services, Inc.(pty:dft), Attorney Charles Andrew Gallaer added to party Ernie Revuelta(pty:dft), Attorney Charles Andrew Gallaer added to party Richard Roes(pty:dft). Responses due by 1/7/2021 (Attachments: #1 Exhibit A-Proposed Order)(Gallaer, Charles)
December 18, 2020 Opinion or Order Filing 16 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 1/25/2021., Discovery due by 5/17/2021., Joinder of Parties due by 1/25/2021., In Limine Motions due by 6/1/2021., Dispositive Motions due by 6/1/2021., Motions due by 6/1/2021., Pretrial Stipulation due by 7/5/2021., Jury Trial set for 8/2/2021 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 7/28/2021 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Magistrate Judge Dave Lee Brannon on 12/18/2020. See attached document for full details. (kpe) #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.
December 17, 2020 Opinion or Order Filing 15 ORDER Referring Case And Setting Trial Date: ( Jury Trial set for 8/2/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 7/28/2021 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 12/17/2020. See attached document for full details. (kpe) #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.
November 23, 2020 Opinion or Order Filing 14 NOTICE of Attorney Appearance by Ginger Barry Boyd on behalf of Hyundai Motor America Corporation. Attorney Ginger Barry Boyd added to party Hyundai Motor America Corporation(pty:pla). (Boyd, Ginger)
November 23, 2020 Opinion or Order Filing 13 NOTICE of Attorney Appearance by James Andrew Bertron, Jr on behalf of Hyundai Motor America Corporation. Attorney James Andrew Bertron, Jr added to party Hyundai Motor America Corporation(pty:pla). (Bertron, James)
November 20, 2020 Opinion or Order Filing 12 Summons Issued as to Gene Khaytin, Edward Napleton, Jr, Ernie Revuelta. (kpe)
November 20, 2020 Opinion or Order Filing 11 NOTICE of Filing Proposed Summons(es) by Hyundai Motor America Corporation re #1 Complaint, filed by Hyundai Motor America Corporation (Rudock, Robert)
November 20, 2020 Opinion or Order Filing 10 NOTICE of Filing Proposed Summons(es) by Hyundai Motor America Corporation re #1 Complaint, filed by Hyundai Motor America Corporation (Rudock, Robert)
November 20, 2020 Opinion or Order Filing 9 NOTICE of Filing Proposed Summons(es) by Hyundai Motor America Corporation re #1 Complaint, filed by Hyundai Motor America Corporation (Rudock, Robert)
November 20, 2020 Opinion or Order Filing 8 Summons Issued as to EFN WEST PALM MOTOR SALES, LLC, North American Automotive Services, Inc.. (kpe)
November 20, 2020 Opinion or Order Filing 7 NOTICE of Filing Proposed Summons(es) by Hyundai Motor America Corporation re #1 Complaint, filed by Hyundai Motor America Corporation (Rudock, Robert)
November 20, 2020 Opinion or Order Filing 6 NOTICE of Filing Proposed Summons(es) by Hyundai Motor America Corporation re #1 Complaint, filed by Hyundai Motor America Corporation. Attorney Robert John Rudock added to party Hyundai Motor America Corporation(pty:pla). (Rudock, Robert)
November 18, 2020 Opinion or Order Filing 5 NOTICE by Hyundai Motor America Corporation re #1 Complaint, Civil Cover Sheet (Fender, Loren)
November 18, 2020 Opinion or Order Filing 4 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. The correction was made by the Clerk. It is not necessary to re-file this document. (kpe)
November 18, 2020 Opinion or Order Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (kpe)
November 17, 2020 Opinion or Order 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. 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. (kpe)
November 17, 2020 Opinion or Order Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13881840, filed by Hyundai Motor America Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Fender, Loren)

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Defendant: EFN WEST PALM MOTOR SALES, LLC
Represented By: Russell P. McRory
Represented By: Michael P. McMahan
Represented By: Charles Andrew Gallaer
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Defendant: Edward Napleton, Jr.
Represented By: Russell P. McRory
Represented By: Michael P. McMahan
Represented By: Charles Andrew Gallaer
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Defendant: Ernie Revuelta
Represented By: Russell P. McRory
Represented By: Michael P. McMahan
Represented By: Charles Andrew Gallaer
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Defendant: North American Automotive Services, Inc.
Represented By: Russell P. McRory
Represented By: Michael P. McMahan
Represented By: Charles Andrew Gallaer
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Defendant: Gene Khaytin
Represented By: Russell P. McRory
Represented By: Michael P. McMahan
Represented By: Charles Andrew Gallaer
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Defendant: Richard Roes
Represented By: Russell P. McRory
Represented By: Michael P. McMahan
Represented By: Charles Andrew Gallaer
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Defendant: John Does
Represented By: Russell P. McRory
Represented By: Michael P. McMahan
Represented By: Charles Andrew Gallaer
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Plaintiff: Hyundai Motor America Corporation
Represented By: Loren William Fender
Represented By: Ginger Barry Boyd
Represented By: Joel H. Smith
Represented By: Kevin J. Malloy
Represented By: James Andrew Bertron, Jr.
Represented By: Robert John Rudock
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