Groundhog Enterprises, Inc. v. Faria et al
| GROUNDHOG ENTERPRISES, INC. doing business as MERCHANT LYNX SERVICES |
| Andre Faria, Valeska LLC and Swipe Fee Zero LLC |
| 9:2023cv81308 |
| September 22, 2023 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 18 Clerk's Notice to Filer re #17 MOTION for Final Default Judgment, and MOTION for Summary Judgment After Default Against Defendants Andre Faria, Valeska LLC, and Swipe Fee Zero LLC. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (jas) |
| Filing 17 MOTION for Final Default Judgment, and MOTION for Summary Judgment After Default Against Defendants Andre Faria, Valeska LLC, and Swipe Fee Zero LLC, by GROUNDHOG ENTERPRISES, INC.. (Attachments: #1 Exhibit A - Affidavit in Support of Motion for Final Default Judgment and Summary Judgment after Default #2 Text of Proposed Order)(Katz, Benjamin) Modified text of Exhibit A on 11/13/2023 (jas). Added MOTION for Summary Judgment on 11/13/2023 (jas). |
| Filing 16 Clerk's Entry of Default as to Valeska LLC, Swipe Fee Zero LLC - Motions Terminated: #15 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 11/9/2023. (cds) |
| Filing 15 MOTION for Clerk's Entry of Default as to Swipe Fee Zero LLC, Valeska LLC by GROUNDHOG ENTERPRISES, INC.. (Attachments: #1 Exhibit A - Return of Service on Valeska, #2 Exhibit B - Return of Service on Swipe Fee Zero)(Katz, Benjamin) |
Filing 14
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 12/14/2023., Discovery due by 4/4/2024., Joinder of Parties due by 12/14/2023., In Limine Motions due by 4/18/2024., Dispositive Motions due by 4/18/2024., Motions due by 4/18/2024., Pretrial Stipulation due by 5/20/2024.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 10/27/2023. See attached document for full details. (cds)
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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 10/27/2023. No appearance was made on the behalf of Defendants Andre Faria, Valeska LLC and Swipe Fee Zero LLC. The Court discussed the trial period and pretrial deadlines. There are no motions pending. Written scheduling order and order of referral to mediation will be issued. Total time in court: 03 minutes. Attorney Appearance(s): Jacob Brandon Hanson, (Digital 14:31:15) (swr) |
| Filing 12 NOTICE of Attorney Appearance by Jacob Brandon Hanson on behalf of GROUNDHOG ENTERPRISES, INC.. Attorney Jacob Brandon Hanson added to party GROUNDHOG ENTERPRISES, INC.(pty:pla). (Hanson, Jacob) |
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Filing 11
PAPERLESS ORDER REGARDING DEFAULT JUDGMENT. On October 25, 2023, Plaintiff moved for Clerk's Entry of Default against Defendant Andre Faria (DE #9 ). The motion was granted the same day. (DE #10 ). Accordingly, if Plaintiff intends to move for default final judgment, it must do so on or before November 10, 2023. Moreover, Plaintiff is advised that pursuant to S.D. Fla. Local Rule 7.1(a)(2), 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." The proposed order must contain legal analysis as to the claims on which Plaintiff is seeking default final judgment and how the pled facts, taken as true, justify awarding Plaintiff default judgment. Plaintiff must ensure that its proposed order with the court is emailed in Word format to the court's e-filing address: middlebrooks@flsd.uscourts.gov. If no timely motion and appropriate proposed order are filed, this matter is subject to dismissal without prejudice for failure to prosecute and/or failure to comply with court orders. Signed by Judge Donald M. Middlebrooks on 10/27/2023. (kal)
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| Filing 10 Clerk's Entry of Default as to Andre Faria - Motions Terminated: #9 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 10/25/2023. (cds) |
| Filing 9 MOTION for Clerk's Entry of Default as to Andre Faria by GROUNDHOG ENTERPRISES, INC.. (Attachments: #1 Exhibit A - Proof of Service, #2 Exhibit B - Affidavit of Benjamin M. Katz)(Katz, Benjamin) |
| Filing 8 CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorney's PACER account for attorney Benjamin Michael Katz. (cw) |
| Filing 7 NOTICE of Change of Address, Email or Law Firm Name by Benjamin Michael Katz (Katz, Benjamin) |
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Filing 6
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 10/27/2023 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 10/11/2023. (no00)
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Filing 5
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 6/17/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/12/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 9/26/2023. See attached document for full details. (nwn) #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.
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| Filing 4 Clerk's Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (nwn) |
| Filing 3 Summons Issued as to Andre Faria, Swipe Fee Zero LLC, Valeska LLC. (nwn) |
| 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. (nwn) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16939815, filed by Groundhog Enterprises, Inc. d/b/a Merchant Lynx Services. (Attachments: #1 Exhibit A - Representative Agreement, #2 Exhibit B - RBO Agreement, #3 Civil Cover Sheet, #4 Summon(s) Andre Faria, #5 Summon(s) Valeska LLC, #6 Summon(s) Swipe Fee Zero LLC)(Katz, Benjamin) |
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