Capital Auto Brokers, LLC v. Atlantic Acceptance Corp. et al
| Capital Auto Brokers, LLC |
| Atlantic Acceptance Corp. and Ryan Little |
| 9:2022cv81344 |
| August 31, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Other Fraud |
| 28 U.S.C. § 1346 Tort Claim |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 1, 2022. A more recent docket listing may be available from PACER.
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Filing 18
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Jury Trial set for 5/22/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 5/17/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 11/1/2022. See attached document for full details. (jas)
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| Filing 17 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 11/1/2022. Plaintiff counsel's explanation regarding the Order to Show Cause. The Court discharged the Order to Show Cause. The Court discussed whether parties would be added, there are no motions pending, 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, the local rules, discovery, and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 25 minutes. Attorney Appearance(s): Frank Gregory Podesta, Valentin Rodriguez, Jr. (Digital 14:00:32) (kza) |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re 14 Order to Show Cause,,,,,,,,,,,,,,, by Capital Auto Brokers, LLC. (Podesta, Frank) |
| Filing 15 Joint REPLY to Response to Motion re #7 Joint MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Defendant Little and Atlantic Acceptance Corp. filed by Atlantic Acceptance Corp., Ryan Little. (Rodriguez, Valentin) |
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Filing 14
PAPERLESS ORDER TO SHOW CAUSE TO PLAINTIFF'S COUNSEL: This case was duly set and noticed on October 13, 2022, for a Scheduling Conference to be held by Zoom Video Teleconference (VTC) before the Undersigned United States Magistrate Judge on October 24, 2022 at 2:30 p.m. [DE 10]. At the time of the scheduled hearing on October 24, 2022, the Court called the case, but there was no appearance by Plaintiff's counsel. The Court waited nearly ten minutes for Plaintiff's counsel to appear. The Court then proceeded to conduct the scheduling conference with only Defendants' counsel present. Subsequently, at 2:44 p.m, Plaintiff's counsel appeared via phone and was unable to appear by video as required by the Court's Paperless Order [DE 10]. The Court therefore terminated the scheduling conference and reset it for November 1, 2022, at 2:00 p.m. Plaintiff's counsel's failure to timely appear in the manner required prevented the Court from discussing several important issues and has disrupted this Court's schedule. Accordingly, Plaintiff's counsel, Frank Gregory Podesta, Esq., is hereby ORDERED TO SHOW CAUSE why he should not be sanctioned or held in contempt of court for his failure to timely appear at the duly noticed Scheduling Conference, and when he appeared late, for his failure to appear by video. Plaintiff's counsel shall file a written response to this Court's Order to Show Cause on or before noon on October 31, 2022. Failure to comply with this Order may result in further sanctions upon Plaintiff's counsel and/or Plaintiff. Further, Plaintiff's counsel is ORDERED to provide a copy of this Order and his Response to this Court's Order to Show Cause to the Plaintiff, Capital Auto Brokers, LLC. Signed by Magistrate Judge William Matthewman on 10/24/2022. (cpe)
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| Filing 13 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 10/24/2022. The Court will issue an Order to Show Cause to Plaintiff's counsel. Plaintiff's counsel appeared late via audio only. The Court reset the Scheduling Conference. (Scheduling Conference via Zoom VTC reset for 11/1/2022 at 2:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman.). To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Total time in court: 21 minutes. Attorney Appearance(s): Frank Gregory Podesta, Valentin Rodriguez, Jr. (Digital 14:31:26) (kza) |
| Filing 12 CLERK'S NOTICE - Filer representation corrected by Clerk. Filing by attorney did not add representation of Defendant Ryan Little and does not contain updated telephone, address and/or email information for attorney(s) Valentin Rodriguez re #7 Joint MOTION TO DISMISS. Attorney Valentin Rodriguez has not followed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (sk) |
| Filing 11 RESPONSE in Opposition re #7 Joint MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Defendant Little and filed by Capital Auto Brokers, LLC. Replies due by 10/24/2022. (Podesta, Frank) |
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Filing 10
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 10/24/2022 at 2:30 PM 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 10/13/2022. (cpe)
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Filing 9
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 5/22/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 5/17/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. Signed by Judge Donald M. Middlebrooks on 10/7/2022. See attached document for full details. (jas)
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| Filing 8 Summons (Affidavit) Returned Unexecuted by Capital Auto Brokers, LLC as to Ryan Little. (Podesta, Frank) |
| Filing 7 Joint MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Defendant Little and by Atlantic Acceptance Corp.. Attorney Valentin Rodriguez, Jr added to party Atlantic Acceptance Corp.(pty:dft). Responses due by 10/17/2022 (Attachments: #1 Exhibit 1: Georgia Div of Corp Status)(Rodriguez, Valentin) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Capital Auto Brokers, LLC. Atlantic Acceptance Corp. served on 9/14/2022, response/answer due 10/5/2022. (Podesta, Frank) |
| Filing 5 AMENDED COMPLAINT against All Defendants, filed by Capital Auto Brokers, LLC. (Attachments: #1 Civil Cover Sheet Amended Civil Cover Sheet)(Podesta, Frank) |
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Filing 4
ORDER ON JURISDICTIONAL DEFECT. (Amended Complaint due by 9/15/2022.). Signed by Judge Donald M. Middlebrooks on 9/9/2022. See attached document for full details. (jas)
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| Filing 3 Summons Issued as to Atlantic Acceptance Corp., Ryan Little. (jas) |
| 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. 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. (jas) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15915347, filed by Capital Auto Brokers, LLC. (Attachments: #1 Civil Cover Sheet, #2 Motion for Preliminary Injunction, #3 Summon(s) Summons to Atlantic Acceptance Corp, #4 Summon(s) Summons to Ryan Little)(Podesta, Frank) |
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