Ridge Point Capital, LLC v. Zecevic et al
| Ridge Point Capital, LLC |
| Miroslav Zecevic, International Finance Group Exchange, IFGX, IFGX.COM, IFGX.COM INC., Bayern Industries LLC and International Group Exchange Iberica, Sociedad Limitada |
| 9:2022cv81449 |
| September 19, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 53 IFGX.COM INC's ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by International Finance Group Exchange. (Entin, Joshua) |
| Filing 52 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Miroslav Zecevic. (Entin, Joshua) |
| Filing 51 Defendant's MOTION TO DISMISS #47 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Bayern Industries LLC. Responses due by 5/8/2023 (Attachments: #1 Exhibit A. Zecevic_Bayern Agreement)(Entin, Joshua) |
| Filing 50 SUMMONS (Affidavit) Returned Executed on #47 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ridge Point Capital, LLC. International Group Exchange Iberica, Sociedad Limitada served on 4/19/2023, response/answer due 5/10/2023. (Rengstl, Patrick) |
| Filing 49 Summons Issued as to International Group Exchange Iberica, Sociedad Limitada. (cqs) |
| Filing 48 NOTICE of Filing Proposed Summons(es) to International Group Exchange Iberica, Sociedad Limitada by Ridge Point Capital, LLC (Sallah, James) |
| Filing 47 Third AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Ridge Point Capital, LLC. (Attachments: #1 Exhibit A (Stock Purchase Agreement))(Rengstl, Patrick) |
Filing 46
PAPERLESS ORDER granting in part #44 Joint Motion to Extend Expert Witness Disclosure Deadlines. The Parties seek to extend the expert witness disclosure deadline from February 10, 2023, to seven (7) days after entry of this Order for Plaintiff and fourteen (14) for Defendants. Moreover, the Parties wish to depose each others experts within 45 days of disclosures. The discovery deadline is June 7, 2023. In support of their Motion, the Parties point to recent discovery that they argue requires additional expert disclosures. Given that this is a joint motion, I find good cause to grant the Motion as to additional expert disclosures. However, the Parties proposed 45 day window for depositions has the potential to run past the discovery deadline. Instead, I will set a deadline for the Parties to depose the experts on or by June 7, 2023. The Parties are advised that, to the extent that they wish to voluntarily participate in the discovery process beyond the set deadline, they may do so without court intervention, so long as they are in agreement as to the terms and scope. This Order does not affect any other pretrial deadlines. Signed by Judge Donald M. Middlebrooks on 4/10/2023. (orz)
|
|
Filing 45
ORDER denying #11 Defendants' Motion to Dismiss; AND granting #43 Unopposed Motion for Leave to File Third Amended Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge; Plaintiff must separately file the Third Amended Complaint (DE 43-2) on or by APRIL 10, 2023. (Amended Complaint due by 4/10/2023.). Signed by Judge Donald M. Middlebrooks on 4/7/2023. See attached document for full details. (gm1)
|
| Filing 44 Joint MOTION for Extension of Time to serve expert witness disclosures by International Finance Group Exchange, Miroslav Zecevic. Responses due by 4/12/2023 (Attachments: #1 Exhibit A. Proposed Order)(Entin, Joshua) |
| Filing 43 Unopposed MOTION for Leave to File Third Amended Complaint by Ridge Point Capital, LLC. (Attachments: #1 Exhibit A (Proposed Third Amended Complaint), #2 Exhibit B (Redline comparing Second Amended Complaint to Third Amended Complaint), #3 Exhibit C (Amended Interrogatory Answers), #4 Text of Proposed Order Exhibit D (Proposed Order))(Rengstl, Patrick) |
|
Filing 42
ORDER DISMISSING CERTAIN DEFENDANT as to Party(ies) Bayern Industries LLC - case remains open. (Without Prejudice) Signed by Judge Donald M. Middlebrooks on 3/28/2023. See attached document for full details. (mee)
|
|
Filing 41
PAPERLESS ORDER denying as moot Defendant Bayern Industries, LLC's Motion to Dismiss (DE #39 ), in light of the filing of Plaintiff's Notice of Voluntary Dismissal of Defendant Bayern (DE #40 ). Signed by Judge Donald M. Middlebrooks on 3/27/2023. (orz)
|
| Filing 40 NOTICE of Voluntary Dismissal Without Prejudice Regarding Only Count VI of Second Amended Complaint Regarding Only Defendant Bayern Industries LLC by Ridge Point Capital, LLC (Rengstl, Patrick) |
| Filing 39 MOTION TO DISMISS #29 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Bayern Industries LLC. Attorney Joshua Michael Entin added to party Bayern Industries LLC(pty:dft). Responses due by 3/23/2023 (Entin, Joshua) |
| Filing 38 NOTICE of Attorney Appearance by Michael Lewis Elkins on behalf of Bayern Industries LLC, International Finance Group Exchange, Miroslav Zecevic. Attorney Michael Lewis Elkins added to party Bayern Industries LLC(pty:dft), Attorney Michael Lewis Elkins added to party International Finance Group Exchange(pty:dft), Attorney Michael Lewis Elkins added to party Miroslav Zecevic(pty:dft). (Elkins, Michael) |
|
Filing 37
ORDER GRANTING DEFENDANTS' ZECEW C AND IFGX.COM INC.'SSTIPULATION FOR SUBSTITUTION OF COUNSEL Signed by Judge Donald M. Middlebrooks on 3/2/2023. See attached document for full details. (cqs)
|
| Filing 36 SUMMONS (Affidavit) Returned Executed on #29 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ridge Point Capital, LLC. Bayern Industries LLC served on 2/16/2023, response/answer due 3/9/2023. (Sallah, James) |
| Filing 35 Unopposed STIPULATED MOTION for Substitution of Counsel. Substituting Joshua Entin; Michael Elkins for Charles Franken by International Finance Group Exchange, Miroslav Zecevic. Attorney Joshua Michael Entin added to party International Finance Group Exchange(pty:dft), Attorney Joshua Michael Entin added to party Miroslav Zecevic(pty:dft). Responses due by 3/9/2023 (Attachments: #1 Exhibit A. Proposed Order)(Entin, Joshua) |
|
Filing 34
ORDER granting in part #33 Motion to Continue. Discovery due by 6/7/2023. Expert Discovery due by 6/7/2023. Fact Discovery due by 6/7/2023. Dispositive Motions due by 6/21/2023. Motions due by 6/21/2023. Pretrial Stipulation due by 7/23/2023. Calendar Call set for 8/23/2023 01:15 PM before Judge Donald M. Middlebrooks. Jury Trial set for 8/28/2023 09:00 AM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 2/22/2023. See attached document for full details. (cqs)
|
| Filing 33 Plaintiff's MOTION to Continue re #18 Scheduling Order,,,, Order Referring Case to Mediation,,, by Ridge Point Capital, LLC. Responses due by 3/2/2023 (Attachments: #1 Text of Proposed Order Exhibit A (Proposed Order))(Rengstl, Patrick) |
| Filing 32 Summons Issued as to Bayern Industries LLC. (cqs) |
| Filing 31 NOTICE of Filing Proposed Summons(es) by Ridge Point Capital, LLC re #29 Amended Complaint/Amended Notice of Removal filed by Ridge Point Capital, LLC (Sallah, James) |
| Filing 30 FINAL MEDIATION REPORT by Brian Mooney. Disposition: Case did not settle. (Attachments: #1 Exhibit Mediation Report)(Rengstl, Patrick) |
| Filing 29 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Ridge Point Capital, LLC. (Attachments: #1 Exhibit A (Stock Purchase Agreement))(Rengstl, Patrick) |
|
Filing 28
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT,granting #23 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Amended Complaint due by 2/7/2023. Signed by Judge Donald M. Middlebrooks on 2/3/2023. See attached document for full details. (mee)
|
| Filing 27 NOTICE of Mediator Selection and Hearing. Selected/Added Brian Mooney as Mediator. Mediation Hearing set for 2/8/2023 at 10:00 a.m.. (Sallah, James) |
| Filing 26 REPLY to Response to Motion re #23 Plaintiff's MOTION for Leave to File Second Amended Complaint filed by Ridge Point Capital, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rengstl, Patrick) |
| Filing 25 RESPONSE in Opposition re #23 Plaintiff's MOTION for Leave to File Second Amended Complaint filed by Miroslav Zecevic. Replies due by 2/1/2023. (Franken, Charles) |
|
Filing 24
PAPERLESS ORDER EXPEDITING BRIEFING ON #23 Plaintiff's Motion for Leave to File a Second Amended Complaint. The Motion indicates that Defendants' counsel objects. In an effort to resolve this issue without undue delay, I will expedite Defendants' response. Accordingly, on or by January 25, 2023, Defendants shall respond to Plaintiff's Motion, fully setting forth the basis for their opposition to the relief requested. Signed by Judge Donald M. Middlebrooks on 1/20/2023. (kal)
|
| Filing 23 Plaintiff's MOTION for Leave to File Second Amended Complaint by Ridge Point Capital, LLC. (Attachments: #1 Exhibit A (Proposed Second Amended Complaint), #2 Exhibit B (Redline of Proposed Second Amended Complaint compared to Amended Complaint), #3 Text of Proposed Order Exhibit C (Proposed Order))(Rengstl, Patrick) |
| Filing 22 Initial Disclosure(s) of Rule 26 disclosures by International Finance Group Exchange, Miroslav Zecevic (Franken, Charles) |
| Filing 21 REPLY to Response to Motion re #11 Defendant's MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by International Finance Group Exchange, Miroslav Zecevic. Attorney Charles David Franken added to party International Finance Group Exchange(pty:dft). (Franken, Charles) |
| Filing 20 RESPONSE in Opposition re #11 Defendant's MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Ridge Point Capital, LLC. Replies due by 12/9/2022. (Rengstl, Patrick) |
| Filing 19 REPORT REGARDING Joint Discovery Plan by Ridge Point Capital, LLC (Rengstl, Patrick) |
|
Filing 18
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 12/16/2022., Discovery due by 4/7/2023., Joinder of Parties due by 12/16/2022., In Limine Motions due by 4/21/2023., Dispositive Motions due by 4/21/2023., Motions due by 4/21/2023., Pretrial Stipulation due by 5/23/2023., Jury Trial set for 6/20/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 6/14/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 11/16/2022. See attached document for full details. (swr) #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 17 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 11/16/2022. The Court discussed whether parties would be added, there is a motion to dismiss 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): Patrick Joseph Rengstl, Charles David Franken. (Digital 15:31:31) (kza) |
|
Filing 16
PAPERLESS ORDER granting #14 Plaintiff's Motion for Extension of Time. Plaintiff seeks an extension of time to respond to #11 Defendants' Motion to Dismiss from November 18, 2022 to December 2, 2022. In support, Plaintiff's counsel cites the press of other professional obligations. The Motion is unopposed and makes an adequate showing of good cause. Accordingly, the requested is granted, and Plaintiff must respond to Defendants' Motion to Dismiss on or by December 2, 2022. Signed by Judge Donald M. Middlebrooks on 11/16/2022. (kal)
|
| Filing 15 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 11/15/2022. Defendant's counsel had technical difficulties with Zoom. The Court reset the Scheduling Conference via Zoom VTC for 11/16/2022 at 03:30 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: 18 minutes. Attorney Appearance(s): Patrick Joseph Rengstl, Charles David Franken. (Digital 15:05:02) (kza) |
| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #11 Defendant's MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Ridge Point Capital, LLC. (Attachments: #1 Text of Proposed Order Exhibit A (Proposed Order))(Rengstl, Patrick) |
|
Filing 13
PAPERLESS ORDER denying #12 Plaintiff's Unopposed Motion for Trial Continuance. Plaintiff requests that the current trial date of June 20, 2023, be continued to some time in October 2023. In support, Plaintiff states "more than one (1) month of this case was essentially lost because of [] service issues" and that discovery may be unusually lengthy. "A continuance of any trial... will be granted only on exceptional circumstance[.]" Local Rule 7.6. No such circumstances are identified here. I understand that my order scheduling trial was entered prior to Defendant having been served, however at this point, with no Scheduling Order yet issued, and no effort to attempt to comply with the forthcoming discovery deadline, I find Plaintiff's request to be premature and somewhat speculative. The Parties will attend a scheduling conference with Magistrate Judge Matthewman on November 15, 2022, at which time the litigation schedule will be set. (DE 10). After that occurs, should the Parties later believe that they need additional time for discovery or other litigation tasks, they should file an appropriate motion. Such motion will be granted if supported by good cause and specific facts, explaining any particular obstacles that, despite their diligence, prevent the Parties from litigating the matter under the current schedule. And at that time, I will take into account any delays in service and/or the scope and complexity of discovery, if those issues are relevant. Accordingly, Plaintiff's Unopposed Motion for Trial Continuance is denied. The Parties are reminded that at any time they may consent to the jurisdiction of the Magistrate Judge, who generally allows litigants great flexibility in setting the course and schedule of their case. Signed by Judge Donald M. Middlebrooks on 11/11/2022. (kal)
|
| Filing 12 Unopposed MOTION to Continue Trial by Ridge Point Capital, LLC. Responses due by 11/23/2022 (Attachments: #1 Exhibit A (Returns of Service), #2 Exhibit B (Proposed Order))(Rengstl, Patrick) |
| Filing 11 Defendant's MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Miroslav Zecevic. Responses due by 11/18/2022 (Franken, Charles) |
|
Filing 10
PAPERLESS ORDER: This matter is before the Court pursuant to Defendant Miroslav Zecevic's ("Defendant") Motion to Continue ("Motion") [DE 9]. Within the Motion, Defendant's counsel states that he is unable to appear for the November 10, 2022 Scheduling Conference as he is traveling and will not have access to the internet. Defendant's counsel therefore "request[s] that the Court circulate dates and times to counsel to reset the scheduling conference." [DE 9 at 3]. After careful consideration, it is hereby ORDERED that Defendant's Motion is GRANTED IN PART to the extent that Defendant seeks to continue the November 10, 2022 Scheduling Conference. However, it is hereby ORDERED that Defendant's Motion is DENIED IN PART to the extent that Defendant requests the Court circulate dates and times, as this Court does not circulate dates for Scheduling Conferences in advance. Rather, the Court sets Scheduling Conference hearing dates in accordance with its limited schedule. Accordingly, the Scheduling Conference that was previously set for November 10, 2022 is hereby RE-SET to November 15, 2022, at 3:00 PM. This Scheduling Conference shall not be continued absent the most compelling and extraordinary circumstances. Signed by Magistrate Judge William Matthewman on 10/31/2022. (cpe)
|
| Filing 9 MOTION to Continue re 7 Order,,,,, Set/Reset Hearings,,,, by Miroslav Zecevic. Responses due by 11/14/2022 (Franken, Charles) |
| Filing 8 NOTICE of Attorney Appearance by Charles David Franken on behalf of Miroslav Zecevic. Attorney Charles David Franken added to party Miroslav Zecevic(pty:dft). (Franken, Charles) |
|
Filing 7
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 11/10/2022 at 3:00 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. (no00)
|
|
Filing 6
ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 6/20/2023 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 6/14/2023 1:15 PM in West Palm Beach Division 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. (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 10/7/2022. See attached document for full details. (scn) #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 5 Plaintiff's AMENDED COMPLAINT against International Finance Group Exchange, Miroslav Zecevic, filed by Ridge Point Capital, LLC. (Attachments: #1 Exhibit A (Stock Purchase Agreement))(Rengstl, Patrick) |
|
Filing 4
PAPERLESS ORDER. Plaintiff alleges this Court has jurisdiction over this case based on diversity. However, the allegations fail to plead diversity. See Travaglio v. Am. Exp. Co, 735 F.3d 1266, 1268 (11th Cir. 2013) (When a plaintiff files suit in federal court, she must allege facts that, if true, show federal subject matter jurisdiction over her case exists.). Specifically, the Plaintiff must prove the place of incorporation and principal place of business of each defendant corporation. Here, Plaintiff has done neither. Accordingly, Plaintiff shall have until October 3, 2022, to file an amended complaint curing all jurisdictional defects. Failure to timely comply with this Order may result in dismissal. Signed by Judge Donald M. Middlebrooks on 9/23/2022. (kal)
|
| Filing 3 Summons Issued as to International Finance Group Exchange, Miroslav Zecevic. (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-15959568, filed by Ridge Point Capital, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Summon(s) Miroslav Zecevic, #4 Summon(s) International Finance Group Exchange)(Sallah, James) |
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.
