UniBank for Savings v. M/Y SUNEETA II et al
Plaintiff: UniBank for Savings
Defendant: M/Y SUNEETA, Rishi Kapoor, Jennie Kapoor, M/Y SUNEETA II, Rishi Kumar Kapoor and Jennie Elizabeth Frank Kapoor
Case Number: 9:2023cv81411
Filed: October 20, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: William Matthewman
Referring Judge: Donald M Middlebrooks
Nature of Suit: Marine
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Fraud
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2023 Filing 53 ANSWER and Affirmative Defenses to Complaint , COUNTERCLAIM against UniBank for Savings by Rishi Kumar Kapoor. (Perry, James)
December 18, 2023 Filing 52 ANSWER and Affirmative Defenses to Complaint , COUNTERCLAIM against UniBank for Savings by Jennie Elizabeth Frank Kapoor. (Perry, James)
December 15, 2023 Opinion or Order Filing 51 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 12/22/2023., Discovery due by 4/4/2024., Joinder of Parties due by 12/22/2023., 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., 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.). Signed by Magistrate Judge William Matthewman on 12/15/2023. See attached document for full details. (drz)
December 15, 2023 Filing 50 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Scheduling Conference held on 12/15/2023 via Zoom Video Teleconference. 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, the local rules, discovery, and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 0 hour(s) : 23 minutes. Attorney Appearance(s): James Hubert Perry, II, Nicholas J Zeher. (Digital Zoom Video Recording Start Time: 10:01 a.m.) (cpe)
December 14, 2023 Opinion or Order Filing 49 ORDER granting #43 Motion For New Trial. Calendar Call set for 6/12/2024 01:15 PM before Judge Donald M. Middlebrooks. Jury Trial set for 6/17/2024 before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 12/14/2023. See attached document for full details. (drz)
December 14, 2023 Opinion or Order Filing 48 ORDER denying #22 Motion to Vacate #22 Defendant's MOTION to Vacate #9 Notice (Other), #11 Order on Motion for Issuance of Warrant in rem, #12 Warrant In Rem Issued, . Signed by Judge Donald M. Middlebrooks on 12/14/2023. See attached document for full details. (drz)
December 14, 2023 Filing 47 CLERK'S Notice of Policy re Electronic Submission of Exhibit(s) received from Plaintiff Re D.E. #45 Exhibit and Witness List. Exhibit Numbers: 1-2. Local Rule 5.3 provides that within ten (10) days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of most exhibits offered or introduced into evidence. Before electronically filing, the filer must redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing under subsection (b)(3)(C) of the rule. Failure to electronically file exhibits and the Certificate of Compliance Re Admitted Evidence within ten (10) days may result in the imposition of sanctions. The Local Rule, the Certificate of Compliance Re Admitted Evidence, and the Quick Reference Guide to Electronically Filing Trial Exhibits can be found on the Courts website: http://www.flsd.uscourts.gov (nwn)
December 14, 2023 Filing 46 CLERK'S Notice of Receipt of Exhibit(s) received from Plaintiff Re D.E. #45 Exhibit and Witness List. Exhibit Numbers: 1-2. For retrieval information, please contact the Clerks Office - Records Section of the Paul G. Rogers Federal Building and U.S. Courthouse, 701 Clematis Street, Room 202, West Palm Beach, FL 33401, (561) 803-3400. (nwn)
December 13, 2023 Filing 45 Exhibit and Witness List for Show Cause Hearing Held on December 13, 2023 by UniBank for Savings. (gm1)
December 13, 2023 Filing 44 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Show Cause Hearing held on 12/13/2023. Attorney Appearance(s): Nicholas J Zeher, Esq., Robert Edward Machate, Esq., James Hubert Perry, II, Esq. and Michael Perry, Esq. Plaintiff's witness sworn and testified: Alvara Gjylapi, Sr. Vice President Chief Credit Officer for UniBank. Plaintiff's Exhibits 1 and 2 admitted. Order to follow. Total time in court: 50 minutes. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (gm1)
December 13, 2023 Filing 43 Unopposed MOTION to Amend/Correct #15 Order Referring Case to Magistrate Judge,,,, Scheduling Order,,, by James Hubert Perry, II by Jennie Elizabeth Frank Kapoor, Rishi Kumar Kapoor. Responses due by 12/27/2023 (Attachments: #1 Text of Proposed Order Order Granting Unopposed Motion)(Perry, James)
December 13, 2023 Filing 42 Defendant's REPLY to #28 Response/Reply (Other), by Jennie Elizabeth Frank Kapoor, Rishi Kumar Kapoor. (Perry, James)
December 13, 2023 Filing 41 Second NOTICE by Rishi Kumar Kapoor (Attachments: #1 Affidavit Second Sworn Declaration of Rishi Kapoor, #2 Certification Executed Verification) (Perry, James)
December 12, 2023 Filing 40 NOTICE by UniBank for Savings re #39 Response in Opposition to Motion, (Attachments: #1 Supplement Exhibit D, #2 Supplement Exhibit E) (Zeher, Nicholas)
December 12, 2023 Filing 39 RESPONSE in Opposition re #22 Defendant's MOTION to Vacate #9 Notice (Other), #11 Order on Motion for Issuance of Warrant in rem, #12 Warrant In Rem Issued, filed by UniBank for Savings. Replies due by 12/19/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Zeher, Nicholas)
December 12, 2023 Filing 38 NOTICE by UniBank for Savings re #28 Response/Reply (Other), of Filing Amended Response (Zeher, Nicholas)
December 7, 2023 Opinion or Order Filing 37 PAPERLESS ORDER granting #36 Unopposed Motion for Extension of Time. Defendants seek an extension of time to respond to Plaintiff's Complaint, from December 6, 2023, to December 18, 2023. Motions for extension of time must set forth good cause supported by specific facts. In support, Defendants cite the fact that they have been traveling out of state and have been unable to communicate about the substance of the response and that as a practical matter, the show cause hearing scheduled for December 13, 2023, might resolve a lot of the issues in the Complaint. I find that good cause exists to grant the extension. Defendants shall respond to the Complaint on or by December 18, 2023. Signed by Judge Donald M. Middlebrooks on 12/7/2023. (kid)
December 7, 2023 Set/Reset Response/Answer Due Deadline per order de#37: All Defendants. (drz)
December 6, 2023 Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Jennie Elizabeth Frank Kapoor, Rishi Kumar Kapoor. (Attachments: #1 Text of Proposed Order Order Granting Motion)(Perry, James)
December 6, 2023 Opinion or Order Filing 35 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 12/15/2023 at 10:00 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 12/6/2023. (cpe)
December 6, 2023 Opinion or Order Filing 34 PAPERLESS ORDER granting #33 Joint Motion to Reschedule Show Cause Hearing. Both Parties have moved to reschedule the Show Cause Hearing currently set for December 7, 2023 at 1:00 PM. They request that it be rescheduled to Tuesday, December 12, 2023. I am unavailable for the requested date, but I will reschedule the hearing to DECEMBER 13, 2023 AT 2:00 PM. The hearing shall take place in the same courtroom as noted in my prior order. (DE #32 ). Signed by Judge Donald M. Middlebrooks on 12/6/2023. (gm1)
December 5, 2023 Filing 33 Joint MOTION for Hearing re #32 Order on Expedited Motion, by Jennie Elizabeth Frank Kapoor, Rishi Kumar Kapoor. (Attachments: #1 Text of Proposed Order Order Granting Joint Motion)(Perry, James)
December 5, 2023 Opinion or Order Filing 32 ORDER granting #27 Expedited Motion for Order to Show Cause. A Show Cause Hearing is set for Thursday, 12/7/2023 at 01:00 PM in West Palm Beach Division at 701 Clematis Street, Courtroom 7 (2nd Floor), West Palm Beach, Florida before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 12/5/2023. See attached document for full details. (gm1)
December 4, 2023 Filing 31 NOTICE by UniBank for Savings of filing Substitute Custodian Costs (Attachments: #1 Exhibit A) (Zeher, Nicholas)
December 4, 2023 Filing 30 Plaintiff's NOTICE by UniBank for Savings re #27 Defendant's EXPEDITED MOTION Motion for Order to Show Cause and Request for E(4)(f) Hearing re #22 Defendant's MOTION to Vacate #9 Notice (Other), #11 Order on Motion for Issuance of Warrant in rem, #12 Warrant In Rem Issue (Zeher, Nicholas)
December 1, 2023 Opinion or Order Filing 29 PAPERLESS ORDER expediting #27 response to Defendants' Expedited Motion for Order to Show Cause. Defendants have filed an expedited Motion requesting a show cause hearing under Supplemental Rule for Admiralty Procedure E(4)(f). Because of the posture of this case, and because the certificate of conferral indicates that the Defendants' Motion is opposed, I am going to require expedited briefing for Plaintiff to articulate the nature of its objection as to the scheduling of a show cause hearing. Therefore Plaintiff's Response to Defendant's Motion for Order to Show Cause (DE #27 ) is due by December 4, 2023. Signed by Judge Donald M. Middlebrooks on 12/1/2023. (kid)
November 29, 2023 Filing 28 Plaintiff's RESPONSE to #22 Defendant's MOTION to Vacate #9 Notice (Other), #11 Order on Motion for Issuance of Warrant in rem, #12 Warrant In Rem Issued, by UniBank for Savings. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Zeher, Nicholas)
November 29, 2023 Filing 27 Defendant's EXPEDITED MOTION Motion for Order to Show Cause and Request for E(4)(f) Hearing re #22 Defendant's MOTION to Vacate #9 Notice (Other), #11 Order on Motion for Issuance of Warrant in rem, #12 Warrant In Rem Issued, by Jennie Elizabeth Frank Kapoor, Rishi Kumar Kapoor. (Attachments: #1 Text of Proposed Order Order Granting Motion to Show Cause)(Perry, James)
November 28, 2023 Filing 26 Defendant's NOTICE by Rishi Kumar Kapoor re #22 Defendant's MOTION to Vacate #9 Notice (Other), #11 Order on Motion for Issuance of Warrant in rem, #12 Warrant In Rem Issued, by James Hubert Perry, II (Attachments: #1 Affidavit Sworn Declaration, #2 Exhibit Composite Exhibit D 1-28, #3 Exhibit Exhibit D-29, #4 Exhibit Exhibit D-30) (Perry, James)
November 20, 2023 Opinion or Order Filing 25 ORDER GRANTING MOTION TO STRIKE EXHIBIT. ORDER granting #24 Motion to Strike #24 Plaintiff's MOTION to Strike #1 Complaint, D.E. 1-2, Exhibit A. The Clerk of Court SHALL STRIKE "Exhibit A" (DE 1-2) from the record. Signed by Judge Donald M. Middlebrooks on 11/20/2023. See attached document for full details. (nan)
November 17, 2023 Filing 24 Plaintiff's MOTION to Strike #1 Complaint, D.E. 1-2, Exhibit A by UniBank for Savings. Responses due by 12/1/2023 (Zeher, Nicholas)
November 17, 2023 Filing 23 NOTICE by UniBank for Savings re #1 Complaint, of Filing (Attachments: #1 Exhibit Redacted Replacement Exhibit A) (Zeher, Nicholas)
November 15, 2023 Filing 22 Defendant's MOTION to Vacate #9 Notice (Other), #11 Order on Motion for Issuance of Warrant in rem, #12 Warrant In Rem Issued, by Jennie Elizabeth Frank Kapoor, Rishi Kumar Kapoor. Responses due by 11/29/2023 (Perry, James)
November 15, 2023 Filing 21 NOTICE of Striking #1 Complaint, filed by UniBank for Savings Exhibit A to the Complaint by UniBank for Savings (Zeher, Nicholas)
November 14, 2023 Filing 20 CLAIM of Owner by Jennie Elizabeth Frank Kapoor. (Perry, James)
November 14, 2023 Filing 19 CLAIM of Owner by Rishi Kumar Kapoor. (Perry, James)
November 14, 2023 Filing 18 NOTICE of Attorney Appearance by James Hubert Perry, II on behalf of Jennie Elizabeth Frank Kapoor, Rishi Kumar Kapoor, M/Y SUNEETA II. Attorney James Hubert Perry, II added to party Jennie Elizabeth Frank Kapoor(pty:dft), Attorney James Hubert Perry, II added to party Rishi Kumar Kapoor(pty:dft), Attorney James Hubert Perry, II added to party M/Y SUNEETA II(pty:dft). (Perry, James)
November 14, 2023 Opinion or Order Filing 17 ORDER ALLOWING WARRANTOR TO CONDUCT REPAIRS. ORDER granting #16 Motion to Adopt/Join. Princess Yachts America shall be allowed to board the Vessel and conduct warranty repair work to the Vessel. Signed by Judge Donald M. Middlebrooks on 11/14/2023. See attached document for full details. (nan)
November 10, 2023 Filing 16 Unopposed MOTION to Adopt/Join #14 Warrant Returned Allow Warrantor to Conduct Repairs to Arrested Vessel by UniBank for Savings. (Attachments: #1 Exhibit A, #2 Exhibit B)(Zeher, Nicholas)
November 7, 2023 Opinion or Order Filing 15 ORDER REFERRING CASE AND SETTING TRIAL DATE. REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference with notices (NEFs for Events only) for all filings in case., SCHEDULING ORDER: ( Jury Trial set for 7/15/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 7/10/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 11/7/2023. 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.
November 1, 2023 Filing 14 WARRANT Returned Executed as to Defendant M/Y SUNEETA II. (pc)
October 24, 2023 Opinion or Order Filing 13 ORDER DIRECTING SUBSTITUTE CUSTODIAN granting #8 Motion to Appoint Custodian G. Robert Toney and Associates Inc. appointed. Signed by Judge Donald M. Middlebrooks on 10/24/2023. See attached document for full details. (drz)
October 24, 2023 Filing 12 Warrant In Rem Issued as to M/Y SUNEETA II, her engines, machinery, tackle, apparel, boats, furniture, equipment, rigging, freights, and all other necessary appurtenances. Signed by DEPUTY CLERK on 10/24/2023. See attached document for full details. (drz)
October 24, 2023 Opinion or Order Filing 11 ORDER DIRECTING ISSUANCE OF WARRANT OF ARREST IN REM granting #7 Motion for Issuance of Warrant in rem. Signed by Judge Donald M. Middlebrooks on 10/24/2023. See attached document for full details. (drz)
October 23, 2023 Filing 10 Consent and Indemnification Agreement by UniBank for Savings (Zeher, Nicholas)
October 23, 2023 Filing 9 NOTICE by UniBank for Savings re #7 Plaintiff's MOTION for Issuance of Warrant in rem and for Emergency Consideration (Zeher, Nicholas)
October 23, 2023 Filing 8 Plaintiff's MOTION to Appoint G. Robert Toney and Associates Inc. d/b/a National Liquidators as Custodian by UniBank for Savings. Responses due by 11/6/2023 (Attachments: #1 Exhibit A, #2 B)(Zeher, Nicholas)
October 23, 2023 Filing 7 Plaintiff's MOTION for Issuance of Warrant in rem and for Emergency Consideration by UniBank for Savings. (Attachments: #1 Exhibit A, #2 Exhibit B)(Zeher, Nicholas)
October 23, 2023 Filing 6 Summons Issued as to Jennie Elizabeth Frank Kapoor. (drz)
October 23, 2023 Filing 5 NOTICE of Filing Proposed Summons(es) Jennie Elizabeth Frank Kapoor by UniBank for Savings re #1 Complaint, filed by UniBank for Savings (Zeher, Nicholas)
October 23, 2023 Filing 4 Summons Issued as to Rishi Kumar Kapoor. (drz)
October 23, 2023 Filing 3 NOTICE of Filing Proposed Summons(es) Rishi Kumar Kapoor by UniBank for Savings re #1 Complaint, filed by UniBank for Savings (Zeher, Nicholas)
October 20, 2023 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. (wce)
October 20, 2023 Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-17012001, filed by UniBank for Savings. (Attachments: #1 Civil Cover Sheet, [[STRICKEN per DE#25 ]- #2 Exhibit A]], #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Zeher, Nicholas) Modified text on 11/21/2023 (nan).

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Search for this case: UniBank for Savings v. M/Y SUNEETA II et al
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Plaintiff: UniBank for Savings
Represented By: Nicholas J Zeher
Represented By: Robert Edward Machate
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Defendant: M/Y SUNEETA
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Defendant: Rishi Kapoor
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Defendant: Jennie Kapoor
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Defendant: M/Y SUNEETA II
Represented By: James Hubert Perry, II
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Defendant: Rishi Kumar Kapoor
Represented By: James Hubert Perry, II
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Defendant: Jennie Elizabeth Frank Kapoor
Represented By: James Hubert Perry, II
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