SMB Capital, LLC et al v. Global Aerospace, Inc. et al
| Florida Middle District Court | |
| Judge: | Gregory A Presnell |
| Referred: | Leslie Hoffman Price |
| Case #: | 6:25-cv-00292 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 12:0635 Breach of Insurance Contract |
| Case Filed: | Feb 21, 2025 |
| Re-opened: | May 05, 2025 |
| Terminated: | Apr 01, 2025 |
| Last checked: Monday Apr 07, 2025 5:10 AM EDT |
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Defendant
Global Aerospace, Inc.
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Represented By
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Defendant
Global Aerospace Underwriting Managers (Canada) Limited
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Represented By
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Plaintiff
Augusta Aviation (Cayman), Inc.
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Represented By
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Plaintiff
BD MD-87, LLC
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Represented By
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Plaintiff
Bernstein Equity Partners, LLC
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Represented By
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Plaintiff
SMB Capital, LLC
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Represented By
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| Docket last updated: 29 minutes ago |
| Tuesday, May 13, 2025 | ||
| 42 | 42
2
pgs
order
Order Directing Compliance
Tue 05/13 11:22 AM
ORDER directing the parties to file their Joint Case Management Report within 14 days or be subject to dismissal pursuant to Local Rule 3.10. Signed by Judge Gregory A. Presnell on 5/13/2025. (AKC) |
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| Monday, May 12, 2025 | ||
| 41 | 41
cmp
Amended Complaint
Mon 05/12 5:36 PM
AMENDED COMPLAINT (SECOND AMENDED COMPLAINT) against All Defendants filed by SMB Capital, LLC, BD MD-87, LLC, Bernstein Equity Partners, LLC.(Byrd, Tucker) |
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| 40 | 40
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Mon 05/12 5:31 PM
CERTIFICATE of interested persons and corporate disclosure statement (Amended) by SMB Capital, LLC. (Byrd, Tucker) |
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| 39 | 39
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Mon 05/12 5:30 PM
CERTIFICATE of interested persons and corporate disclosure statement (Amended) by Bernstein Equity Partners, LLC. (Byrd, Tucker) |
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| 38 | 38
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Mon 05/12 5:27 PM
CERTIFICATE of interested persons and corporate disclosure statement (Amended) by BD MD-87, LLC. (Byrd, Tucker) |
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misc
Pay Fee
Mon 05/12 11:06 AM
FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-23346258 for $150 paid. Special Admission for Non-Resident Attorney Ann B. Makkiya. re36 MOTION for Ann B. Makkiya to appear pro hac vice by All Plaintiffs. (Byrd, Tucker) Modified on 5/12/2025 to edit the docket text (MLB) |
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| Thursday, May 08, 2025 | ||
| 37 | 37
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Thu 05/08 8:19 AM
ORDER granting 36 Unopposed Motion for Special Admission. Ann B. Makkiya may specially appear in this case as counsel for Plaintiffs. The Clerk of Court is directed to mail a copy of this Order to Attorney Makkiya. Thereafter, the Clerk of Court shall not mail copies of documents filed in this case as counsel of record will receive such documents electronically through CM/ECF. Signed by Magistrate Judge Leslie Hoffman Price on 5/8/2025. (ECJ) |
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| Wednesday, May 07, 2025 | ||
| 36 | 36
motion
Appear Pro Hac Vice
Wed 05/07 3:46 PM
MOTION for Ann B. Makkiya to appear pro hac vice by All Plaintiffs. (JOS) Motions referred to Magistrate Judge Leslie Hoffman Price. (e-portal) |
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| Tuesday, May 06, 2025 | ||
| 35 | 35
2
pgs
order
Order
Tue 05/06 12:23 PM
ORDER directing clerk to terminate attorney Ann B. Mikkiya as counsel for Plaintiffs re 10 Order to comply with electronic filing. She shall no longer be mailed copies of any orders entered. Signed by Judge Gregory A. Presnell on 5/6/2025. (AKC) |
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| 34 | 34
2
pgs
order
Order
Tue 05/06 11:05 AM
ORDER directing the clerk to remove attorney Robert James Fenn as counsel for Defendants - re 27 Order on Motion to Appear Pro Hac Vice. Mr. Fenn can be readded to the docket when he is admitted to practice. Signed by Judge Gregory A. Presnell on 5/6/2025. (AKC) |
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| Monday, May 05, 2025 | ||
| 33 | 33
6
pgs
order
Order on Motion for Reconsideration / Clarification
Mon 05/05 12:07 PM
ORDER granting 31 Plaintiffs' Motion for Reconsideration of Order Dismissing Case for Failure to Timely File Second Amended Complaint. The clerk is directed to re-open this action. On or before May 12, 2025, Plaintiffs shall file a second amended complaint in which they specifically plead Seth Bernstein's citizenship and an amended Certificate of Interested Persons and Corporate Disclosure Statement using the Court's form. Signed by Judge Gregory A. Presnell on 5/5/2025. (LDM) |
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| Thursday, April 17, 2025 | ||
| 32 | 32
respm
Response in Opposition to Motion
Thu 04/17 4:10 PM
RESPONSE in Opposition re31 MOTION for Reconsideration re29 Order Administratively Closing Case filed by Global Aerospace Underwriting Managers (Canada) Limited, Global Aerospace, Inc.. (Murray, John) |
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| Friday, April 04, 2025 | ||
| 31 | 31
motion
Reconsideration / Clarification
Fri 04/04 11:09 AM
MOTION for Reconsideration re29 Order Administratively Closing Case by Augusta Aviation (Cayman), Inc., BD MD-87, LLC, Bernstein Equity Partners, LLC, SMB Capital, LLC.(Byrd, Tucker) |
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Att: 1
Exhibit Exhibit A - Second Amended Complaint
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| Tuesday, April 01, 2025 | ||
| 30 | 30
notice
Notice to Counsel of Local Rule
Tue 04/01 2:27 PM
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JTM) |
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| 29 | 29
2
pgs
order
Order Administratively Closing Case
Tue 04/01 10:47 AM
ORDER directing the clerk to close the file due to Plaintiffs' failure to timely file a Second Amended Complaint pursuant to the Court's 19 Order. Signed by Judge Gregory A. Presnell on 4/1/2025. (LDM) |
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| Monday, March 31, 2025 | ||
| 28 | 28
notice
Notice of a Related Action
Mon 03/31 10:50 AM
NOTICE of a related action per Local Rule 1.07(c) by Augusta Aviation (Cayman), Inc., BD MD-87, LLC, Bernstein Equity Partners, LLC, SMB Capital, LLC. Related case(s): Yes (Byrd, Tucker) |
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| Friday, March 28, 2025 | ||
| 27 | 27
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Fri 03/28 1:32 PM
ORDER denying without prejudice 25 Motion to Allow Robert James Fenn to Appear Pro Hac Vice and Request to Receive Notices of Electronic Filings. Signed by Magistrate Judge Leslie Hoffman Price on 3/28/2025. (MKH) |
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| Thursday, March 27, 2025 | ||
| 26 | 26
misc
Supplement
Thu 03/27 4:29 PM
SUPPLEMENT re25 MOTION for Robert James Fenn to appear pro hac vice, Special Admission fee paidReceipt No. AFLMDC-23178050 for $150 by Global Aerospace Underwriting Managers (Canada) Limited, Global Aerospace, Inc.. (Murray, John) |
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| 25 | 25
motion
Appear Pro Hac Vice
Thu 03/27 4:02 PM
MOTION for Robert James Fenn to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23178050 for $150 by All Defendants.(Murray, John) |
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Att: 1
Exhibit Exhibit A
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| Wednesday, March 26, 2025 | ||
| 24 | 24
misc
Disclosure Statement - LR 3.03 and FRCP 7.1
Wed 03/26 6:11 PM
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Augusta Aviation (Cayman), Inc., BD MD-87, LLC, Bernstein Equity Partners, LLC, SMB Capital, LLC. (Byrd, Tucker) |
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| 23 | 23
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Wed 03/26 6:10 PM
CERTIFICATE of interested persons and corporate disclosure statement by Augusta Aviation (Cayman), Inc., BD MD-87, LLC, Bernstein Equity Partners, LLC, SMB Capital, LLC. (Byrd, Tucker) |
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| Tuesday, March 25, 2025 | ||
| 22 | 22
misc
Disclosure Statement - LR 3.03 and FRCP 7.1
Tue 03/25 11:27 AM
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Global Aerospace, Inc.. (Murray, John) |
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| 21 | 21
misc
Disclosure Statement - LR 3.03 and FRCP 7.1
Tue 03/25 11:25 AM
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Global Aerospace Underwriting Managers (Canada) Limited. (Murray, John) |
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| Tuesday, March 18, 2025 | ||
| 20 | 20
2
pgs
order
Order Directing Compliance
Tue 03/18 1:21 PM
ORDER directing Plaintiffs compliance re 3 Initial Case Order (Notice of Pendency filed - Certificate of Interested Persons not filed). Response due within 14 days. Signed by Judge Gregory A. Presnell on 3/18/2025. (AKC) |
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| Monday, March 17, 2025 | ||
| 19 | 19
4
pgs
order
Order Dismissing Case
Mon 03/17 3:10 PM
ORDER dismissing case without prejudice for lack of subject matter jurisdiction. Plaintiffs may file a Second Amended Complaint by 3/28/25. Signed by Judge Gregory A. Presnell on 3/17/2025. (LDM) |
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| Thursday, March 13, 2025 | ||
| 18 | 18
notice
Compliance notice
Thu 03/13 3:32 PM
NOTICE of compliance re10 Order to comply with electronic filing by Augusta Aviation (Cayman), Inc., BD MD-87, LLC, Bernstein Equity Partners, LLC, SMB Capital, LLC (Jarvis, James) |
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| Tuesday, March 11, 2025 | ||
| 17 | 17
order
Interested Persons Order
Tue 03/11 2:45 PM
INTERESTED PERSONS ORDER for Defendants. Certificate of interested persons and corporate disclosure statement due by 3/25/2025. Signed by Judge Gregory A. Presnell on 3/11/2025. (AKC) |
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| 16 | 16
notice
Notice (Other)
Tue 03/11 1:42 PM
NOTICE by Global Aerospace Underwriting Managers (Canada) Limited, Global Aerospace, Inc. of Pendency of Other Actions(Murray, John) |
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Att: 1
Exhibit Exhibit A
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| 15 | 15
notice
Notice of Lead Counsel Designation
Tue 03/11 1:38 PM
NOTICE of Lead Counsel Designation by John M. Murray on behalf of Global Aerospace Underwriting Managers (Canada) Limited, Global Aerospace, Inc.. Lead Counsel: John M. Murray. (Murray, John) |
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| 14 | 14
notice
Notice of appearance
Tue 03/11 1:37 PM
NOTICE of Appearance by John M. Murray on behalf of Global Aerospace Underwriting Managers (Canada) Limited, Global Aerospace, Inc. (Murray, John) |
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| 13 | 13
service
Waiver of service executed
Tue 03/11 1:35 PM
WAIVER of service returned executed on March 6, 2025 by Global Aerospace Underwriting Managers (Canada) Limited Waiver of Service sent on March 6, 2025 as to All Defendants. (Murray, John) |
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| 12 | 12
service
Waiver of service executed
Tue 03/11 1:32 PM
WAIVER of service returned executed on March 6, 2025 by Global Aerospace, Inc. as to All Defendants. (Murray, John) |
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| Thursday, March 06, 2025 | ||
| 11 | 11
cmp
Amended Complaint
Thu 03/06 5:04 PM
AMENDED COMPLAINT against All Defendants filed by All Plaintiffs.(Byrd, Tucker) |
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Att: 1
Exhibit A - 2021 Policy,
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Att: 2
Exhibit B - 2022 Policy
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| Monday, March 03, 2025 | ||
| 10 | 10
2
pgs
order
Order to comply with electronic filing
Mon 03/03 9:25 AM
ORDER for James W. Jarvis and Ann B. Makkiya to comply with the administrative procedures regarding electronic filing within 30 days from the date of this order. Signed by Judge Gregory A. Presnell on 3/3/2025. (AKC) |
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| Tuesday, February 25, 2025 | ||
| 9 | 9
6
pgs
order
Order Dismissing Case
Tue 02/25 12:43 PM
ORDER dismissing case without prejudice for lack of subject matter jurisdiction. Plaintiffs may file an Amended Complaint by 3/11/25. Signed by Judge Gregory A. Presnell on 2/25/2025. (AKC) |
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| Monday, February 24, 2025 | ||
| 8 | 8
notice
Notice of Lead Counsel Designation
Mon 02/24 2:51 PM
NOTICE of Lead Counsel Designation by Tucker H. Byrd on behalf of Augusta Aviation (Cayman), Inc., BD MD-87, LLC, Bernstein Equity Partners, LLC, SMB Capital, LLC. Lead Counsel: Tucker H. Byrd. (Byrd, Tucker) |
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| 7 | 7
notice
Notice to Counsel of Local Rule
Mon 02/24 11:09 AM
NOTICE TO COUNSEL Ann Makkiya, James Jarvis, and Tucker Byrd of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (ARL) |
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| 6 | 6
notice
Notice to Counsel of Local Rule
Mon 02/24 11:08 AM
NOTICE TO COUNSEL Ann Makkiya Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (ARL) |
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| 5 | 5
notice
Notice to Counsel of Local Rule
Mon 02/24 11:08 AM
NOTICE TO COUNSEL James Jarvis of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (ARL) |
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| 4 | 4
service
Summons issued
Mon 02/24 11:07 AM
SUMMONS issued as to All Defendants. (ARL) |
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| 3 | 3
order
Interested Persons Order
Mon 02/24 10:37 AM
INITIAL CASE ORDER - Certificate of interested persons and corporate disclosure statement and notice of pendency of other actions due within 14 days. Signed by Judge Gregory A. Presnell on 2/24/2025. (AKC) |
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| Friday, February 21, 2025 | ||
| 2 | 2
utility
Case Assigned/Reassigned
Fri 02/21 4:04 PM
NEW CASE ASSIGNED to Judge Gregory A. Presnell and Magistrate Judge Leslie Hoffman Price. New case number: 6:25-cv-292-GAP-LHP. (RPB) |
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| 1 | 1
cmp
Complaint
Fri 02/21 3:59 PM
COMPLAINT against All Defendants (Filing fee $405 receipt number AFLMDC-23049417) filed by All Plaintiffs.(Byrd, Tucker) |
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Att: 1
Exhibit A - 2021 Policy,
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Att: 2
Exhibit B - 2022 Policy,
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Att: 3
Civil Cover Sheet,
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Att: 4
Proposed Summons Global Aerospace, Inc.,
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Att: 5
Proposed Summons Global Aerospace Underwriting Managers (Canada) Limited
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