Starmark Financial, LLC v. Luther Appliance & Furniture Sales Acquisition LLC
| Florida Southern District Court | |
| Judge: | William P Dimitrouleas |
| Referred: | Patrick M Hunt |
| Case #: | 0:24-cv-62357 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Dec 16, 2024 |
| Last checked: Monday Dec 16, 2024 3:06 PM EST |
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Defendant
Luther Appliance & Furniture Sales Acquisition LLC
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Plaintiff
Starmark Financial, LLC
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Represented By
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GPO
Dec 18 2024
REPORT AND RECOMMENDATIONS re 4 Plaintiff's Expedited Motion for Temporary Restraining Order Recommending the Motion be GRANTED IN PART. Objections to R&R due by 12/20/2024. Signed by Magistrate Judge Patrick M. Hunt on 12/18/2024. See attached document for full details. (hhr) |
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GPO
Dec 20 2024
ORDER ADOPTING REPORT AND RECOMMENDATIONS and Entering Temporary Restraining Order: adopting Report and Recommendations re 10 Report and Recommendations on 4 Motion for Temporary Restraining Order filed by Starmark Financial, LLC; granting 4 Motion for Temporary Restraining Order. Signed by Judge William P. Dimitrouleas on 12/20/2024. See attached document for full details. (ls) |
| Docket last updated: 12/27/2024 11:59 PM EST |
| Friday, December 27, 2024 | ||
| 18 | 18
respm
Response in Opposition to Motion
Fri 12/27 10:56 PM
RESPONSE in Opposition re4 EXPEDITED Motion for Temporary Restraining Order MOTION for Preliminary Injunction filed by Luther Appliance & Furniture Sales Acquisition LLC. Replies due by 1/3/2025.(Economides, Constantine) |
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Att: 1
Declaration of Chirag S. Chaman,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Comp. Exhibit G,
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Att: 9
Exhibit H
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| 17 | 17
respm
Response to Motion
Fri 12/27 3:38 PM
RESPONSE to Motion re12 Defendant's MOTION to Dismiss for Lack of Jurisdiction Expedited Motion Defendant's MOTION for Release of Funds in the Alternative filed by Starmark Financial, LLC. Replies due by 1/3/2025.(Beg, Alexander) |
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Att: 1
Exhibit Email to Process Server,
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Att: 2
Exhibit Prosperitas Corporate Filing,
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Att: 3
Exhibit NC Employees Email
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| Thursday, December 26, 2024 | ||
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Thu 12/26 6:55 AM
Set Deadlines as to12 Defendant's MOTION to Dismiss for Lack of Jurisdiction Expedited Motion Defendant's MOTION for Release of Funds in the Alternative . Responses due by 12/30/2024. (cqs) |
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| Monday, December 23, 2024 | ||
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order
Order Setting Hearing on Motion
Mon 12/23 3:28 PM
PAPERLESS ORDER Setting Hearing on12 Defendant's Motion to Dismiss for Lack of Jurisdiction. Motion Hearing set for 1/2/2025 at 2 p.m. in the Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt.The Court notes that when a case is founded upon diversity jurisdiction, 28 U.S.C. § 1332, and one or more of the parties is a limited liability company, the citizenship of every member of the limited liability company must be alleged. See Mallory & Evans Contractors & Eng'rs, LLC v. Tuskegee Univ., 663 F.3d 1304 (11th Cir. 2011). If a member of an LLC is itself an LLC, then Plaintiff must likewise allege the membership of the member LLC. Plaintiff shall respond to Defendant's Motion on or before December 30, 2024. Any reply shall be filed on or before noon on January 2, 2025. This Motion shall be heard alongside Plaintiff's4 Preliminary Injunction Motion. The Parties are hereby notified that the Court will consider extending the TRO and briefing schedule and/or continuing the January 2 by agreement of all Parties. Signed by Magistrate Judge Patrick M. Hunt on 12/23/2024. (hhr) |
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order
Order Referring Motion
Mon 12/23 12:43 PM
PAPERLESS ORDER REFERRING12 Defendant's MOTION to Dismiss for Lack of Jurisdiction Expedited Motion Defendant's MOTION for Release of Funds in the Alternative filed by Luther Appliance & Furniture Sales Acquisition LLC. Motions referred to Judge Patrick M. Hunt. Signed by Judge William P. Dimitrouleas on 12/23/2024. (rbu) |
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misc
Affidavit
Mon 12/23 10:58 AM
AFFIDAVIT OF SERVICE signed by: William Bailey, process server re10 REPORT AND RECOMMENDATIONS re4 EXPEDITED Motion for Temporary Restraining Order MOTION for Preliminary Injunction filed by Starmark Financial, LLC Recommending the Mootion be GRANTED IN PART.. by Starmark Financial, LLC (Graner, Thomas) |
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| 13 | 13
service
Summons (Affidavit) Returned Executed
Mon 12/23 10:52 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Starmark Financial, LLC. Luther Appliance & Furniture Sales Acquisition LLC served on 12/19/2024, response/answer due 1/9/2025. (Graner, Thomas) |
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| Friday, December 20, 2024 | ||
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motion
Dismiss/Lack of Jurisdiction Release of Funds
Fri 12/20 9:29 PM
Defendant's MOTION to Dismiss for Lack of Jurisdiction Expedited Motion ( Responses due by 1/3/2025.), Defendant's MOTION for Release of Funds in the Alternative by Luther Appliance & Furniture Sales Acquisition LLC. Attorney Constantine Philip Economides added to party Luther Appliance & Furniture Sales Acquisition LLC(pty:dft). (Economides, Constantine) |
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| 11 | 11
3
pgs
order
Order Adopting Report and Recommendations Order on Motion for Temporary Restraining Order Order on Report and Recommendations
Fri 12/20 11:30 AM
ORDER ADOPTING REPORT AND RECOMMENDATIONS and Entering Temporary Restraining Order: adopting Report and Recommendations re10 Report and Recommendations on4 Motion for Temporary Restraining Order filed by Starmark Financial, LLC; granting4 Motion for Temporary Restraining Order. Signed by Judge William P. Dimitrouleas on 12/20/2024. See attached document for full details. (ls) |
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Fri 12/20 11:32 AM
Set Deadlines/Hearings as to4 MOTION for Preliminary Injunction. Responses due by 12/27/2024. Replies due by 12/30/2024. Motion Hearing set for 1/2/2025 02:00 PM in Fort Lauderdale Division before Judge William P. Dimitrouleas. (ls)(per DE #11) |
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Fri 12/20 2:46 PM
Set/Reset Deadlines/Hearings as to4 EXPEDITED Motion for Temporary Restraining Order MOTION for Preliminary Injunction. Motion Hearing set for 1/2/2025 02:00 PM in Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. per DE11 (cbr) |
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| Wednesday, December 18, 2024 | ||
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motion
Report and Recommendations
Wed 12/18 4:39 PM
REPORT AND RECOMMENDATIONS re4 Plaintiff's Expedited Motion for Temporary Restraining Order Recommending the Motion be GRANTED IN PART. Objections to R&R due by 12/20/2024. Signed by Magistrate Judge Patrick M. Hunt on 12/18/2024. See attached document for full details. (hhr) |
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minutes
Evidentiary Hearing
Wed 12/18 4:33 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Patrick M. Hunt: Evidentiary Hearing on4 Plaintiff's Expedited Motion for Temporary Restraining Order held on 12/18/2024. Witness Kenneth Annarelli testified. Total time in court: 0 hour(s) : 25 minutes. Attorney Appearance(s): Thomas U. Graner, Eric R. Kemper. (Digital 10:03:49-10:28:54) (hhr) |
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notice
Clerk's Notice - Attorney Admissions
Wed 12/18 3:41 PM
CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorneys PACER account for attorney Alexander K. Beg re7 Notice of Change of Address, Email or Law Firm Name (nwn) |
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notice
Notice of CHANGE OF ADDRESS, Email or Law Firm Name
Wed 12/18 12:58 PM
NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Alexander K. Beg (Beg, Alexander) |
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| Tuesday, December 17, 2024 | ||
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order
Order Setting Hearing on Motion
Tue 12/17 3:07 PM
PAPERLESS ORDER Setting Hearing on4 EXPEDITED Motion for Temporary Restraining Order. Motion Hearing set for 12/18/2024 at 10 a.m. in the Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. Signed by Magistrate Judge Patrick M. Hunt on 12/17/2024. (hhr) |
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| Monday, December 16, 2024 | ||
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2
pgs
order
Order Referring Motion
Tue 12/17 8:22 AM
ORDER REFERRING4 EXPEDITED Motion for Temporary Restraining Order MOTION for Preliminary Injunction filed by Starmark Financial, LLC for a Report and Recommendation. Motions referred to Judge Patrick M. Hunt. Signed by Judge William P. Dimitrouleas on 12/16/2024. See attached document for full details. (ls) |
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motion
Expedited Motion
Mon 12/16 3:08 PM
EXPEDITED MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Starmark Financial, LLC.(Graner, Thomas) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Text of Proposed Order Exhibit 3
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| 3 | 3
service
Summons Issued
Mon 12/16 2:45 PM
Summons Issued as to Luther Appliance & Furniture Sales Acquisition LLC. (amb) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 12/16 2:42 PM
Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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. (amb) |
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| 1 | 1
9
pgs
cmp
Complaint
Mon 12/16 2:28 PM
COMPLAINT against Luther Appliance & Furniture Sales Acquisition LLC. Filing fees $ 405.00 receipt number AFLSDC-18055320, filed by Starmark Financial, LLC.(Graner, Thomas) |
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Att: 1
Exhibit 1-4,
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Att: 2
Civil Cover Sheet,
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Att: 3
Summon(s)
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