BENIDT INVESTMENTS/SLINGER, LLC v. ZAKIN et al
| BENIDT INVESTMENTS/SLINGER, LLC |
| CHAD SCOTT ZAKIN, KARMA OF PALM BEACH, INC., AUTO WHOLESALE OF BOCA LLC and U.S. Bank National Association |
| 9:2022cv80761 |
| May 20, 2022 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Contract: Other |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 15, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 39
PAPERLESS ORDER denying as moot #34 Motion to Dismiss for Failure to State a Claim in light of #38 Amended Motion to Dismiss. Plaintiff's response to #38 Amended Motion to Dismiss due 8/3/2022. Signed by Judge Raag Singhal on 7/15/2022. (pb00)
|
| Filing 38 Amended MOTION TO DISMISS #34 Defendant's MOTION TO DISMISS #1 Complaint, 24 Order on Motion for Extension of Time to File Response/Reply/Answer, FOR FAILURE TO STATE A CLAIM FOR FAILURE TO STATE A CLAIM by U.S. Bank National Association. Responses due by 7/28/2022 (Sloat-Rogers, Vanessa) |
|
Filing 37
PAPERLESS ORDER granting #36 Motion for Extension of Time to File Response to #34 Motion to Dismiss. Response due by 8/3/2022. Signed by Judge Raag Singhal on 7/12/2022. (pb00)
|
| Filing 36 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #34 Defendant's MOTION TO DISMISS #1 Complaint, 24 Order on Motion for Extension of Time to File Response/Reply/Answer, FOR FAILURE TO STATE A CLAIM by BENIDT INVESTMENTS/SLINGER, LLC. (Harwin, Michael) |
| Filing 35 Defendant's MOTION to Dismiss with Prejudice #1 Complaint, by AUTO WHOLESALE OF BOCA LLC. Responses due by 7/21/2022 (Farrow, Jay) |
| Filing 34 Defendant's MOTION TO DISMISS #1 Complaint, 24 Order on Motion for Extension of Time to File Response/Reply/Answer, FOR FAILURE TO STATE A CLAIM by U.S. Bank National Association. Responses due by 7/14/2022 (Attachments: #1 Exhibit VIN Check)(Sloat-Rogers, Vanessa) |
| Filing 33 ANSWER and Affirmative Defenses to Complaint by KARMA OF PALM BEACH, INC.. Attorney Harry Winderman added to party KARMA OF PALM BEACH, INC.(pty:dft). (Winderman, Harry) |
| Filing 32 MEMORANDUM of Law re #18 Response to Order to Show Cause,, Response/Reply (Other), (in Opposition to Abstention/Stay Under the Colorado Doctrine by BENIDT INVESTMENTS/SLINGER, LLC. (Harwin, Michael) |
|
Filing 31
PAPERLESS ORDER granting #30 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document by AUTO WHOLESALE OF BOCA LLC. Response/Answer due 7/7/2022. Signed by Judge Raag Singhal on 6/23/2022. (pb00)
|
| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by AUTO WHOLESALE OF BOCA LLC. (Farrow, Jay) |
| Filing 29 NOTICE by U.S. Bank National Association re 26 Clerks Notice of Docket Correction and Instruction to Filer - Attorney,, #25 Certificate of Other Affiliates/Corporate Disclosure Statement Defendant's Notice of Corporate Disclosure Statement and Certificate of Interested Parties (Sloat-Rogers, Vanessa) |
| Filing 28 PAPERLESS Minute Entry for proceedings held before Judge Raag Singhal: Evidentiary Hearing on Plaintiff's Motion for Preliminary Injunction held on 6/16/2022. Parties to submit further briefing as discussed in open court. Order forthcoming. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): Jay Lewis Farrow, Ryan Mitchell Wolis, Michael J. Harwin. Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. (pb00) |
| Filing 27 NOTICE of Change of Address, Email or Law Firm Name by Vanessa Dawn Sloat-Rogers (Sloat-Rogers, Vanessa) |
| Filing 26 Clerks Notice to Filer re #25 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (drz) |
| Filing 25 Defendant's Corporate Disclosure Statement and Certificate of Interested Persons by U.S. Bank National Association (Sloat-Rogers, Vanessa) |
|
Filing 24
PAPERLESS ORDER granting #23 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document by U.S. Bank National Association. Response/Answer, including any counterclaims and cross claims, due by 7/25/2022. Signed by Judge Raag Singhal on 6/16/2022. (pb00)
|
| Filing 23 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, to Include an Extension of Time to File a Counterclaim or Cross-Claim by U.S. Bank National Association. Attorney Vanessa Dawn Sloat-Rogers added to party U.S. Bank National Association(pty:dft). (Sloat-Rogers, Vanessa) |
| Filing 22 Clerk's Notice of Filing Deficiency Re: #19 Bond filed by BENIDT INVESTMENTS/SLINGER, LLC. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (drz) |
| Filing 21 NOTICE by AUTO WHOLESALE OF BOCA LLC re #18 Response to Order to Show Cause,, Response/Reply (Other), Notice of Filing Of Affidavit of Michele Martin (Attachments: #1 Affidavit Affidavit of Michele Martin, #2 Exhibit Wisconsin COT, #3 Exhibit Assign of COT to Karma, #4 Exhibit Bill of Sale and Reassignment, #5 Exhibit COT to AWB) (Farrow, Jay) |
| Filing 20 NOTICE of Striking #16 Notice (Other) filed by BENIDT INVESTMENTS/SLINGER, LLC by BENIDT INVESTMENTS/SLINGER, LLC (Harwin, Michael) |
| Filing 19 Injunction Bond BOND in the amount of $10,000.00 posted by BENIDT INVESTMENTS/SLINGER, LLC Approved by Judge Raag Singhal. (drz) |
| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE, Defendant's RESPONSE in Opposition to Plaintiff's Motion for Preliminary Injunction DE 8 and Request to Stay Proceeding Pending Resolution of State Court Proceeding by AUTO WHOLESALE OF BOCA LLC. (Attachments: #1 Exhibit Order on Injunction, #2 Exhibit BOS and Reassignment, #3 Exhibit Certificate of Title)(Farrow, Jay) |
| Filing 17 Clerks Notice to Filer re #16 Notice (Other). Conventional Filing Filed Electronically; CORRECTIVE ACTION REQUIRED - The Filer failed to submit the document in the conventional paper format. The Filer must file a Notice of Striking, then refile the document in the conventional paper format. (drz) |
| Filing 16 STRICKEN PER DE#20 -NOTICE by BENIDT INVESTMENTS/SLINGER, LLC (Attachments: #1 Exhibit Exhibit 1 - Bond) (Harwin, Michael) Modified on 6/16/2022 (drz). |
| Filing 15 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by AUTO WHOLESALE OF BOCA LLC (Farrow, Jay) |
| Filing 14 NOTICE of Attorney Appearance by Jay Lewis Farrow on behalf of AUTO WHOLESALE OF BOCA LLC. Attorney Jay Lewis Farrow added to party AUTO WHOLESALE OF BOCA LLC(pty:dft). (Farrow, Jay) |
| SYSTEM ENTRY - Docket Entry 13 [order] restricted/sealed until further notice. (amb) |
|
Filing 12
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John R. Schreiber. Signed by Judge Raag Singhal on 5/31/2022. (pb00)
|
| Filing 11 Clerks Notice to Filer re #10 Notice (Other). 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. It is not necessary to refile the document. (drz) |
| Filing 10 PLAINTIFFS CERTIFICATE OF INTERESTED PERSONS by BENIDT INVESTMENTS/SLINGER, LLC (Harwin, Michael) Modified text on 5/27/2022 (drz). |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John R. Schreiber. Filing Fee $ 200.00 Receipt # AFLSDC-15672383 by BENIDT INVESTMENTS/SLINGER, LLC. Responses due by 6/10/2022 (Attachments: #1 Certification CERTIFICATION OF JOHN R. SCHREIBER)(Harwin, Michael) |
| SYSTEM ENTRY - Docket Entry 8 [motion] restricted/sealed until further notice. (1868579) |
|
Filing 7
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 5/23/2022. (pb00)
|
| Filing 6 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.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.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. 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).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 5/23/2022. (pb00) |
| Filing 5 Corporate Disclosure Statement by BENIDT INVESTMENTS/SLINGER, LLC (Harwin, Michael) |
| Filing 4 Summons Issued as to AUTO WHOLESALE OF BOCA LLC, KARMA OF PALM BEACH, INC., U.S. Bank National Association, CHAD SCOTT ZAKIN. (nan) |
| Filing 3 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe 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. (nan) |
| Filing 2 Clerks Notice to Filer re: Electronic Case. Documents Improperly Arranged. The Filer did not properly attach the Exhibits. Future filings must comply with the CM/ECF Civil Case Opening Guide. It is not necessary to re-file this document. (nan) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number BFLSDC-15654644, filed by BENIDT INVESTMENTS/SLINGER, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons to Zakin, #3 Summon(s) Summons to Karma, #4 Summon(s) Summons to Auto Wholesale, #5 Summon(s) Summons to US Bank)(Harwin, Michael) (Additional attachment(s) added on 5/20/2022: #6 Exhibit A, #7 Exhibit B) (nan). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US 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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
