Sky Phone, LLC v. Excess Telecom, Inc.
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Marty Fulgueira Elfenbein |
| Case #: | 1:24-cv-22825 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Jul 24, 2024 |
| Last checked: Saturday Sep 07, 2024 5:24 AM EDT |
|
Defendant
Excess Telecom, Inc.
12301 Wilshire Blvd Suite 650
Los Angeles, CA 90025 |
Represented By
|
|
Plaintiff
Sky Phone, LLC
201 S. Andrews Ave. Suite 601 Fort Lauderdale
Fort Lauderdale, FL 33301 |
Represented By
|
| Docket last updated: 09/06/2024 11:59 PM EDT |
| Friday, September 06, 2024 | ||
| 15 | 15
order
- Order (PAPERLESS or pdf attached)
Fri 09/06 10:27 AM
PAPERLESS ORDER REGARDING DEFENDANT'S MOTION TO DISMISS14 . THIS CAUSE came before the Court upon Defendant's Motion to Dismiss.14 . Therein, Defendant moves to dismiss Plaintiff's Complaint for lack of personal jurisdiction. See generally id. Without expressing any views as to the Motion's merits, the Court affords Plaintiff an opportunity to cure the purported pleading defects by granting Plaintiff leave to file an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Accordingly, Plaintiff is ORDERED to either amend the Complaint1 on or before September 26, 2024, or respond to the Motion to Dismiss14 on or before September 19, 2024. Signed by Judge K. Michael Moore on 9/6/2024. (sdu) |
|
|
utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings ~Util - Set/Reset Deadlines/Hearings
Fri 09/06 10:46 AM
Set Deadlines PER de#15 as to14 Defendant's MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C.S. § 1404(a) ., Set/Reset Deadlines/Hearings as to14 Defendant's MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C.S. § 1404(a) . Amended Complaint due by 9/26/2024. Responses due by 9/19/2024. (scn) |
||
| Thursday, September 05, 2024 | ||
| 14 | 14
motion
Dismiss/Lack of Jurisdiction
Thu 09/05 5:44 PM
Defendant's MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C.S. § 1404(a) by Excess Telecom, Inc.. Responses due by 9/19/2024. (Denman, Joseph) |
|
| Thursday, August 15, 2024 | ||
| 13 | 13
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Thu 08/15 10:07 AM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Renewed Unopposed Motion for Extension of Time to Respond to Complaint.12 . Therein, Defendant requests a 21-day extension of time to respond to the Complaint because Defendant's counsel was recently retained and needs more time to investigate the claims. See generally id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion12 is GRANTED. Defendant shall respond to the Complaint on or before September 5, 2024. Signed by Judge K. Michael Moore on 8/15/2024. (sdu) |
|
| Wednesday, August 14, 2024 | ||
| 12 | 12
motion
Extension of Time to File Response/Reply/Answer
Wed 08/14 4:43 PM
Renewed MOTION for Extension of Time to File Response/Reply/Answer [Unopposed] by Excess Telecom, Inc.. (Denman, Joseph) |
|
| 11 | 11
notice
Notice of Compliance
Wed 08/14 11:08 AM
NOTICE of Compliance with Service of Orders (ECF No. 4 and ECF No. 6) on August 13, 2024 on Defendant's Counsel by Sky Phone, LLC re6 Order, 4 Pretrial Order,,,,,,,,,,,,,,,,,,,, (Kipnis, Alan) |
|
| 10 | 10
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Wed 08/14 10:34 AM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time to Respond to Complaint.9 . Therein, Defendant requests a 21-day extension of time to respond to the Complaint but gives no reason as to why an extension of time is necessary. See generally id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion9 is DENIED. Signed by Judge K. Michael Moore on 8/14/2024. (sdu) |
|
| Tuesday, August 13, 2024 | ||
| 9 | 9
motion
Extension of Time to File Response/Reply/Answer
Tue 08/13 3:31 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Complaint for Breach of Contract by Excess Telecom, Inc.. (Denman, Joseph) |
|
| 8 | 8
notice
Notice of Attorney Appearance
Tue 08/13 3:26 PM
NOTICE of Attorney Appearance by Joseph Ronald Denman on behalf of Excess Telecom, Inc.. Attorney Joseph Ronald Denman added to party Excess Telecom, Inc. (pty:dft). (Denman, Joseph) |
|
| Wednesday, August 07, 2024 | ||
| 7 | 7
service
Summons (Affidavit) Returned Executed
Wed 08/07 10:10 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Sky Phone, LLC. Excess Telecom, Inc. served on 7/25/2024, response/answer due 8/15/2024. (Kipnis, Alan) |
|
| Thursday, July 25, 2024 | ||
| 6 | 6
order
- Order (PAPERLESS or pdf attached)
Thu 07/25 11:57 AM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/25/2024. See attached document for full details. (wce) |
|
| 5 | 5
order
Order Referring Case to Magistrate Judge
Thu 07/25 9:19 AM
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 7/25/2024. (sdu) |
|
| 4 | 4
order
Pretrial Order
Thu 07/25 9:18 AM
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 7/25/2024. (sdu) |
|
| Wednesday, July 24, 2024 | ||
| 3 | 3
service
Summons Issued
Wed 07/24 4:43 PM
Summons Issued as to Excess Telecom, Inc. (wce) |
|
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Wed 07/24 4:41 PM
Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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) |
|
| 1 | 1
7
pgs
cmp
Complaint
Wed 07/24 4:30 PM
COMPLAINT FOR BREACH OF CONTRACT against Excess Telecom, Inc.. Filing fees $ 405.00 receipt number AFLSDC-17703404, filed by Sky Phone, LLC.(Kipnis, Alan) |
|
|
Att: 1
Exhibit Composite Exhibit A - Purchase Orders,
|
||
|
Att: 2
Civil Cover Sheet,
|
||
|
Att: 3
Summon(s)
|
||