Byline Bank v. Premium 72 Capital LLC et al
| Byline Bank |
| Premium 72 Capital LLC, OPC Advisors, LLC, Aynbet Investments LLC, RMST Holding Company Inc., R.M. Stark & Co., Inc., Arturo Nicolayevsky and Gary Stark |
| 9:2022cv80838 |
| June 8, 2022 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| William Matthewman |
| Donald M Middlebrooks |
| Bruce E Reinhart |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Negotiable Instrument |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 25
PAPERLESS ORDER striking #24 Defendants RMST Holding Company, Inc., R.M. Stark & Co., Inc., and Gary Stark's Answer to Byline Bank's Complaint, filed in Case No. 22-cv-80838. The Court's Order Consolidating Cases #23 states that "[a]ll future pre-trial filings in this case shall be made under Case No. 21-81995-CIV-CANNON/Reinhart only." Signed by Judge Aileen M. Cannon on 7/20/2023. (kts)
|
| Filing 24 STRICKEN per Order DE 25 . ANSWER and Affirmative Defenses to Complaint with Jury Demand by R.M. Stark & Co., Inc., RMST Holding Company Inc., Gary Stark. (D'Amura, Richard) Modified on 7/20/2023 (pcs). |
|
Filing 23
ORDER CONSOLIDATING CASES: GRANTING: (58 in 9:21-cv-81995-AMC) MOTION to Consolidate Cases filed by Gary L. Stark, R.M. Stark & Co., Inc., RMST Holding Company, Inc. The Clerk of the Court is instructed to CLOSE Case No. 22-80838-CIV-CANNON for administrative purposes only and DENY AS MOOT all pending motions in that case. All future pre-trial filings in this case shall be made under Case No. 21-81995-CIV-CANNON/Reinhart only. Signed by Judge Aileen M. Cannon on 8/9/2022. See attached document for full details. Associated Cases: 9:21-cv-81995-AMC, 9:22-cv-80838-AMC (mab)
|
| Civil Case Terminated. Action taken per DE #23 . Closing Case. (mab) |
| Cases associated . (mab) |
|
Filing 22
ORDER TRANSFERRING CASE to Judge Aileen M. Cannon and Magistrate Judge Bruce E. Reinhart for all further proceedings, accepted and signed on 8/8/2022. Magistrate Judge William Matthewman and Judge Donald M. Middlebrooks no longer assigned to case Signed by Judge Donald M. Middlebrooks on 8/5/2022. See attached document for full details. (cqs)
|
| Filing 21 Plaintiff's MOTION for Default Judgment Against Defendants Premium 72 Capital, LLC, Aynbet Investments, LLC, and Arturo Nicolayevsky by Byline Bank. (Attachments: #1 Exhibit A - Executed Declaration ISO Motion for Default Judgment, #2 Exhibit B - Proposed Order Granting Motion for Default Judgment)(Baruch, Jason) |
| Filing 20 NOTICE of Filing Discovery: Joint Discovery Plan by Byline Bank.(Baruch, Jason) |
| Filing 19 NOTICE of Mediator Selection. Selected/Added Robert M Daisley as Mediator. (Baruch, Jason) |
|
Filing 18
PAPERLESS ORDER SETTING DEADLINE FOR FILING MOTION FOR DEFAULT JUDGMENT. On July 21, 2022, Plaintiff moved for and obtained Clerk's entry of default as to Defendants Premium Capital 72 LLC, Aynbet Investments LLC, and Arturo Nicolayevsky (DE #16 ; DE #17 ). Accordingly, if Plaintiff intends to move for default judgment as to these Defendants, it must do so on or before August 5, 2022. Plaintiff is advised that 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." S.D. Fla. L.R. 7.1(a)(2). The proposed order must contain legal analysis as to the claims on which Plaintiff is seeking default judgment and how the pled facts, taken as true, justify awarding Plaintiff default judgment. Plaintiff must ensure that its proposed order is emailed in Word format to middlebrooks@flsd.uscourts.gov. Signed by Judge Donald M. Middlebrooks on 7/21/2022. (jnk)
|
| Filing 17 Clerk's Entry of Default as to Premium 72 Capital LLC, Aynbet Investments LLC, Arturo Nicolayevsky - Motions Terminated: #16 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 7/21/2022. (cds) |
| Filing 16 MOTION for Clerk's Entry of Default as to Aynbet Investments LLC, Arturo Nicolayevsky, Premium 72 Capital LLC by Byline Bank. (Attachments: #1 Exhibit, #2 Exhibit)(Baruch, Jason) |
| Filing 15 REPLY in Support re #7 Defendant's MOTION to Dismiss with Prejudice #1 Complaint, filed by R.M. Stark & Co., Inc., RMST Holding Company Inc., Gary Stark. (D'Amura, Richard) Modified Text on 7/21/2022 (cds). |
| Filing 14 NOTICE of Attorney Appearance by Richard A. D'Amura on behalf of R.M. Stark & Co., Inc., RMST Holding Company Inc., Gary Stark. Attorney Richard A. D'Amura added to party R.M. Stark & Co., Inc.(pty:dft), Attorney Richard A. D'Amura added to party RMST Holding Company Inc.(pty:dft), Attorney Richard A. D'Amura added to party Gary Stark(pty:dft). (D'Amura, Richard) |
|
Filing 13
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 9/8/2022., Discovery due by 12/29/2022., Joinder of Parties due by 9/8/2022., In Limine Motions due by 1/12/2023., Dispositive Motions due by 1/12/2023., Motions due by 1/12/2023., Pretrial Stipulation due by 2/13/2023., Jury Trial set for 3/13/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 3/8/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 7/15/2022. See attached document for full details. (cds) #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.
|
| Filing 12 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 07/15/2022. The Court directed Plaintiff's counsel to inform counsel for Defendants Premium 72 Capital, LLC f/k/a OPC Advisors, LLC, Aynbet Investments, LLC, and Arturo Nicolayevsky of what transpired at this conference when they appear. Counsel advised that there is a pending motion - Unopposed Motion to Consolidate this case with Case No. 9:21-CV-81995-Cannon. The Court discussed whether parties would be added, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached and discovery issues and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 22 minutes. Attorney Appearance(s): Jason Henry Baruch, Daniel Lee Buchholz, Joel McTague. (Digital 10:30:46) (kza) |
| Filing 11 ACKNOWLEDGMENT OF SERVICE as to #3 Summons Issued filed by Byline Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Baruch, Jason) |
| Filing 10 RESPONSE in Opposition re #7 Defendant's MOTION to Dismiss with Prejudice #1 Complaint, filed by Byline Bank. Replies due by 7/20/2022. (Baruch, Jason) |
|
Filing 9
PAPERLESS ORDER denying as moot #4 Plaintiffs' Motion to Consolidate Cases. In light of Plaintiffs' Second Amended Motion to Consolidate (DE #8 ), Plaintiffs' earlier-filed Motion to Consolidate (DE #4 ) is denied as moot. Signed by Judge Donald M. Middlebrooks on 7/7/2022. (jnk)
|
| Filing 8 MOTION to Consolidate Cases by R.M. Stark & Co., Inc., RMST Holding Company Inc., Gary Stark. Responses due by 7/21/2022 (Attachments: #1 Text of Proposed Order)(Wagner, Leanne) |
| Filing 7 Defendant's MOTION to Dismiss with Prejudice #1 Complaint, by R.M. Stark & Co., Inc., RMST Holding Company Inc., Gary Stark. Responses due by 7/13/2022 (Wagner, Leanne) |
|
Filing 6
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 7/15/2022 at 10:30 AM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 6/28/2022. (no00)
|
|
Filing 5
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 3/13/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/8/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman for William Matthewman for Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 6/27/2022. See attached document for full details. (cds) #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.
|
| Filing 4 Defendant's MOTION to Consolidate Cases by R.M. Stark & Co., Inc., RMST Holding Company Inc., Gary Stark. Attorney Leanne B. Wagner added to party R.M. Stark & Co., Inc.(pty:dft), Attorney Leanne B. Wagner added to party RMST Holding Company Inc.(pty:dft), Attorney Leanne B. Wagner added to party Gary Stark(pty:dft). Responses due by 7/8/2022 (Wagner, Leanne) |
| Filing 3 Summons Issued as to Aynbet Investments LLC, Arturo Nicolayevsky, Premium 72 Capital LLC, R.M. Stark & Co., Inc., RMST Holding Company Inc., Gary Stark. (swr) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (swr) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15699304, filed by Byline Bank. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Summon(s))(Baruch, Jason) |
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.
