CRECERO TECHNOLOGIES, INC v. HOFFMAN et al
| CRECERO TECHNOLOGIES, INC and Newt Corporation |
| STEVEN HOFFMAN, DAVID THOMPSON, VALERIA RAIGORODSKAIA and DOES 1-20 |
| 9:2026cv80194 |
| February 24, 2026 |
| U.S. District Court for the Southern District of Florida |
| Ed Artau |
| Bruce E Reinhart |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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| Filing 40 RESPONSE to Motion re #35 Defendant's MOTION to Dismiss #12 Amended Complaint/Amended Notice of Removal, Defendant's MOTION to Dismiss for Lack of Jurisdiction #12 Amended Complaint/Amended Notice of Removal, Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CRECERO TECHNOLOGIES, INC. Replies due by 7/21/2026. (Attachments: #1 Affidavit Declaration of Brook Barnes, #2 Exhibit Exhibit A-Notice of Removal, #3 Exhibit Exhibit B-Second Amended Complaint)(Vollmer, David) |
Filing 39
PAPERLESS SUA SPONTE ORDER STRIKING #37 Amended Complaint/Amended Notice of Removal, filed by CRECERO TECHNOLOGIES, INC.; DENYING AS MOOT #38 Defendant's MOTION to Compel Arbitration of the Second Amended ComplaintDefendant's MOTION to Dismiss #37 Amended Complaint/Amended Notice of Removal. Plaintiff has filed a Second Amended Complaint without first obtaining either the opposing party's written consent or leave of Court. Under Federal Rule of Civil Procedure 15(a)(1), a party may amend once as a matter of course, whereafter a party may amend its pleading only with the opposing party's written consent or the court's leave. See Fed. R. Civ. P. 15(a)(2). Because Plaintiff filed the Second Amended Complaint without leave of Court and Defendant STEVEN HOFFMAN has indicated he did not consent to the amendment, the pleading was not properly filed under Rule 15(a)(2). Accordingly, the Second Amended Complaint is STRICKEN from the record without prejudice. Plaintiff is hereby reminded that the current #33 scheduling order indicates the deadline for amending pleadings. Signed by Judge Ed Artau (mdn)
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| Filing 38 Defendant's MOTION to Compel Arbitration of the Second Amended Complaint, Defendant's MOTION to Dismiss #37 Amended Complaint/Amended Notice of Removal, by STEVEN HOFFMAN. Responses due by 7/27/2026. (Murray, Francis) |
| Filing 37 STRICKEN Second AMENDED COMPLAINT FOR: (1) Breach of Fiduciary Duty; (2) Fraudulent Concealment; (3) Conversion; and (4) Unjust Enrichment (5) Violation of California Penal Code 496 (6) Violation of Floridas Civil Theft Statute Fla. Stat. 772.11 against All Defendants, filed by CRECERO TECHNOLOGIES, INC.(Vollmer, David) Modified on 7/13/2026 (cqs). Per DE 39 . |
| Filing 36 Defendant's REPLY in Support of Motion re #22 Defendant's MOTION to Compel Arbitration . filed by STEVEN HOFFMAN. (Attachments: #1 Exhibit A, #2 Exhibit B)(Murray, Francis) |
| Filing 35 Defendant's MOTION to Dismiss #12 Amended Complaint/Amended Notice of Removal, , Defendant's MOTION to Dismiss for Lack of Jurisdiction #12 Amended Complaint/Amended Notice of Removal, ( Responses due by 7/14/2026.), Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 7/14/2026.) by STEVEN HOFFMAN. (Murray, Francis) |
| Filing 34 RESPONSE in Opposition re #22 Defendant's MOTION to Compel Arbitration filed by CRECERO TECHNOLOGIES, INC. Replies due by 7/7/2026. (Attachments: #1 Affidavit Declaration of Dino Palmiotto ISO Opposition to Motion to Compel Arbitration, #2 Affidavit Declaration of Brook T. Barnes ISO of Opposition to Motion to Compel Arbitration)(Vollmer, David) |
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Filing 33
AMENDED ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Calendar Call set for 11/23/2027 11:30 AM in West Palm Beach Division before Judge Ed Artau., Jury Trial set for 11/29/2027 09:00 AM in West Palm Beach Division before Judge Ed Artau.)( Mediation Deadline 4/8/2027.) Motions terminated: #32 Unopposed MOTION to Amend/Correct #29 Scheduling Order,,, Order Referring Case to Mediation,,, Order Referring Case to Magistrate Judge,, filed by CRECERO TECHNOLOGIES, INC. Signed by Judge Ed Artau on 6/29/2026. See attached document for full details. (drz) #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 32 Unopposed MOTION to Amend/Correct #29 Scheduling Order,,, Order Referring Case to Mediation,,, Order Referring Case to Magistrate Judge,, by CRECERO TECHNOLOGIES, INC. Responses due by 7/13/2026. (Attachments: #1 Exhibit Exhibit A)(Vollmer, David) |
| Filing 31 Defendant's REPLY in Support of Motion re #23 Defendant's MOTION to Stay re #12 Amended Complaint/Amended Notice of Removal, Motion to Stay Response Deadline Pending Ruling on Motion to Compel Arbitration. filed by STEVEN HOFFMAN. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Murray, Francis) |
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Filing 30
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 6/24/2026. See attached document for full details. (drz)
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Filing 29
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Calendar Call set for 7/20/2027 11:30 AM in West Palm Beach Division before Judge Ed Artau., Jury Trial set for 7/26/2027 09:00 AM in West Palm Beach Division before Judge Ed Artau.), ( Mediation Deadline 4/8/2027.). Signed by Judge Ed Artau on 6/24/2026. See attached document for full details. (drz) #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 28
PAPERLESS ORDER granting #26 Motion for Extension of Time to File Response/Answer to #12 First Amended Complaint. STEVEN HOFFMAN's Response/Answer due 6/30/2026. Signed by Judge Ed Artau (mdn)
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| Filing 27 Joint SCHEDULING REPORT - Rule 16.1 by CRECERO TECHNOLOGIES, INC (Vollmer, David) |
| Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 Amended Complaint/Amended Notice of Removal, by STEVEN HOFFMAN. Responses due by 7/6/2026. (Murray, Francis) |
| Filing 25 AFFIDAVIT in Opposition re #23 Defendant's MOTION to Stay re #12 Amended Complaint/Amended Notice of Removal, Motion to Stay Response Deadline Pending Ruling on Motion to Compel Arbitration Declaration filed by CRECERO TECHNOLOGIES, INC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Vollmer, David) |
| Filing 24 RESPONSE in Opposition re #23 Defendant's MOTION to Stay re #12 Amended Complaint/Amended Notice of Removal, Motion to Stay Response Deadline Pending Ruling on Motion to Compel Arbitration filed by CRECERO TECHNOLOGIES, INC. Replies due by 6/26/2026. (Vollmer, David) |
| Filing 23 Defendant's MOTION to Stay re #12 Amended Complaint/Amended Notice of Removal, Motion to Stay Response Deadline Pending Ruling on Motion to Compel Arbitration by STEVEN HOFFMAN. Responses due by 7/1/2026. (Murray, Francis) |
| Filing 22 Defendant's MOTION to Compel Arbitration by STEVEN HOFFMAN. Responses due by 7/1/2026. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Murray, Francis) |
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Filing 21
PAPERLESS Order Requiring Joint Scheduling Report. To the extent there are issues contemplated by Rules 26(f) and 16(b) that the parties have yet to discuss, the parties are hereby DIRECTED to meet for a Local Rule 16.1(b) scheduling conference by June 19, 2026, in person, by telephone, or by other comparable means for the purposes prescribed by Federal Rule of Civil Procedure 26(f) and Local Rule 16.1(b). By July 2, 2026, the parties shall submit to the Court both a written report outlining the discovery plan that shall contain the information required by Local Rule 16.1(b)(2) and an accompanying joint proposed scheduling order that shall contain the information required by Local Rule 16.1(b)(3). Joint Scheduling Report due by 7/2/2026. Signed by Judge Ed Artau (mdn)
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| Filing 20 NOTICE of Attorney Appearance by Michael Brian Nadler on behalf of STEVEN HOFFMAN. Attorney Michael Brian Nadler added to party STEVEN HOFFMAN(pty:dft). (Nadler, Michael) |
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Filing 19
PAPERLESS ORDER granting #18 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. STEVEN HOFFMAN's Response/Answer to #12 due 6/22/2026. Signed by Judge Ed Artau (mdn)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 Amended Complaint/Amended Notice of Removal, by STEVEN HOFFMAN. Responses due by 6/25/2026. (Attachments: #1 Text of Proposed Order)(Murray, Francis) |
| Filing 17 NOTICE of Attorney Appearance by Francis D Murray on behalf of STEVEN HOFFMAN. Attorney Francis D Murray added to party STEVEN HOFFMAN(pty:dft). (Murray, Francis) |
| Filing 16 CERTIFICATE OF SERVICE by CRECERO TECHNOLOGIES, INC re #12 Amended Complaint/Amended Notice of Removal, (Vollmer, David) |
| Filing 15 NOTICE of Striking #13 Certificate of Service filed by CRECERO TECHNOLOGIES, INC by CRECERO TECHNOLOGIES, INC (Vollmer, David) |
| Filing 14 Clerk's Notice to Filer re #13 Certificate of Service. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (drz) |
| Filing 13 Stricken-CERTIFICATE OF SERVICE by CRECERO TECHNOLOGIES, INC re #12 Amended Complaint/Amended Notice of Removal, (Vollmer, David) Modified per de #15 on 5/29/2026 (drz). |
| Filing 12 First AMENDED COMPLAINT (1) Breach of Fiduciary Duty; (2) Fraudulent Concealment; (3) Conversion; and (4) Unjust Enrichment (5) Violation of California Penal Code 496 (6) Violation of Floridas Civil Theft Statute Fla. Stat. 772.11 against All Defendants, filed by CRECERO TECHNOLOGIES, INC.(Vollmer, David) |
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Filing 11
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE FOR IMPERMISSIBLE SHOTGUN PLEADING. Plaintiff's Complaint DE #1 is DISMISSED without prejudice. Plaintiffs shall have until June 2, 2026, to file an amended complaint. (Amended Complaint due by 6/2/2026.) Signed by Judge Ed Artau on 5/19/2026. See attached document for full details. (ebz)
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| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by CRECERO TECHNOLOGIES, INC. STEVEN HOFFMAN served on 5/2/2026, response/answer due 5/26/2026. (Vollmer, David) |
| Filing 9 Summons Issued as to STEVEN HOFFMAN, VALERIA RAIGORODSKAIA, DAVID THOMPSON. (drz) |
| Filing 8 NOTICE RE FILING OF PROPOSED SUMMONSES by CRECERO TECHNOLOGIES, INC re #1 Complaint,, 3 Clerk's Notice to Filer re: Electronic Case, Summons(es), (Attachments: #1 on David Thompson, #2 on Steven Hoffman, #3 on Valeria Raigorodskaia) (Vollmer, David) |
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Filing 7
PAPERLESS ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Brook T. Barnes ; granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Nicholas S. Kawuka. Signed by Judge Ed Artau (mdn)
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| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicholas S. Kawuka. Filing Fee $ 250.00 Receipt # AFLSDC-19261469 by CRECERO TECHNOLOGIES, INC. Responses due by 3/12/2026. (Vollmer, David) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brook T. Barnes. Filing Fee $ 250.00 Receipt # AFLSDC-19261460 by CRECERO TECHNOLOGIES, INC. Responses due by 3/12/2026. (Vollmer, David) |
| Filing 4 Bar Letter re: Admissions sent to attorney Brook T. Barnes and Nicholas S. Kawuka, mailing date February 26, 2026, (pt) |
| Filing 3 Clerk's Notice to Filer re: Summons(es) will not be issued. Multiple parties cannot be listed on a single summons. One summons is required for each party. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Ed Artau. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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) |
| Filing 1 COMPLAINT Complaint for: (1) Breach of Fiduciary Duty; (2) Fraudulent Concealment; (3) Conversion; and (4) Unjust Enrichment; (5) Violation of California Penal Code 496; (6) Violation of Florida's Civil Theft Statute - Fla. Stat. 772.11 against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-19252609, filed by CRECERO TECHNOLOGIES, INC. (formerly known as Newt Corporation), a Canadian and Californian Corporation. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Vollmer, David) |
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