U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:09-cv EGT

Transcription

1 US District Court Civil Docket as of March 29, 2013 Retrieved from the court on April 1, 2013 U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:09-cv EGT Hochuli v. Delgado et al Date Filed: 10/23/2009 Assigned to: Magistrate Judge Edwin G. Torres Date Terminated: 03/29/2013 Cause: 15:0078 Securities Exchange Act Jury Demand: Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Markus Hochuli individually and on behalf of all others similarly situated represented by Gregory Charles Ward The Ward Law Group, PL 701 Brickell Avenue Suite 1650 Miami, FL Fax: LEAD ATTORNEY Cherine A. Smith WardKim LLP 1 Financial Plaza Suite 2600 Fort Lauderdale, FL Fax: cvalbrun@wardkim.com Joseph E. White, III Saxena White PA 2424 N Federal Highway Suite 257 Boca Raton, FL Fax: jwhite@saxenawhite.com TERMINATED: 01/20/2010

2 V. Leonardo Delgado James W. Foland Nicholas Swischer represented by Theodore Charles Miloch, II Infante Zumpano Hudson & Miloch LLC 500 S Dixie Highway Suite 302 Coral Gables, FL Fax: ted.miloch@izhmlaw.com TERMINATED: 03/16/2011 represented by James W. Foland 911 Main Street Suite 3000 Missouri, FL PRO SE represented by Nicholas Swischer 110 N. Cedar Street P.O. Box 565 Nevada, MO Fax: PRO SE Joel Pelofsky Berman DeLeve Kuchan & Chapman LC 2230 Commerce Tower 911 Main Street Kansas City, MO Fax: Ronald S. Weiss Berman DeLeve Kuchan & Chapman LC 2230 Commerce Tower 911 Main Street Kansas City, MO Fax:

3 ROBERT DAVIS Julio San Juan represented by Julio San Juan 2462 SW 27th Lane Miami, FL PRO SE Theodore Charles Miloch, II (See above for address) LEAD ATTORNEY Date Filed # Docket Text 10/23/ CLASS ACTION COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS against Robert Davis, Leonardo Delgado, James W. Foland, Julio San Juan, Nicholas Swischer., filed by Markus Hochuli.(vt) (Entered: 10/23/2009) 10/23/ Filing fee: For New Case $ , receipt number (vt) (Entered: 10/23/2009) 10/23/ Summons Issued as to Robert Davis, Leonardo Delgado, James W. Foland, Julio San Juan, Nicholas Swischer. (vt) (Entered: 10/23/2009) 11/25/ MOTION for Extension of Time to File Response as to 1 Complaint by Leonardo Delgado. (Attachments: # 1 Exhibit)(Miloch, Theodore) (Entered: 11/25/2009) 11/30/ ORDER, granting in part 4 Motion for Extension of Time to Respond Responses due by 12/10/2009. Signed by Judge Donald L. Graham on 11/30/2009. (cqs) (Entered: 12/01/2009) 12/10/ MOTION to Dismiss 1 Complaint for Improper Venue by Leonardo Delgado. Responses due by 12/28/2009 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Miloch, Theodore) (Entered: 12/10/2009) 01/14/ ORDER that Plaintiff shall file a response to defendants motions to dismiss re 6 MOTION to Dismiss 1 Complaint for Improper Venue filed by Leonardo Delgado, Set/Reset Deadlines as to 6 MOTION to Dismiss 1 Complaint for Improper Venue.( Responses due by 1/25/2010). Signed by Judge Donald L. Graham on 1/13/2010. (tb) (Entered: 01/14/2010) 01/15/ ORDER Setting Telephonic Status Conference:Telephonic Status Conference set for 2/24/ :00 PM before Judge Donald L. Graham.. Signed by Judge Donald L. Graham on 1/15/2010. (tb) (Entered: 01/19/2010) 01/19/ NOTICE (Stipulation) of Substitution of Counsel by Gregory Charles Ward on behalf of Markus Hochuli instead of prior counsel of record Joseph White. (Ward, Gregory) (Entered: 01/19/2010) 01/20/2010 Attorney Joseph E. White, III terminated as per DE 9 (lk) (Entered: 01/20/2010) 01/25/ RESPONSE in Opposition re 6 MOTION to Dismiss 1 Complaint for Improper Venue filed by Markus Hochuli. (Ward, Gregory) (Entered: 01/25/2010)

4 02/18/ ORDER denying 6 Motion to Dismiss. Signed by Judge Donald L. Graham on 2/18/2010. (tb) (Entered: 02/19/2010) 02/19/ Joint MOTION for Extension of Time to File status report by Markus Hochuli. (Attachments: # 1 Text of Proposed Order)(Ward, Gregory). Added MOTION to Continue status conference Hearing on 2/22/2010 (lk). (Entered: 02/19/2010) 02/19/ Plaintiff's MOTION for Extension of Time to File Obtain Service of Process on s by Markus Hochuli. (Attachments: # 1 Text of Proposed Order)(Ward, Gregory) (Entered: 02/19/2010) 02/19/ NOTICE by Markus Hochuli of Consent to Magistrate Judge Jurisdiction for Motions and Trial (Attachments: # 1 Exhibit Election of Jurisdiction for Motions, # 2 Exhibit Election of Jurisdition for Trial)(Ward, Gregory) (Entered: 02/19/2010) 02/22/ Clerks Notice to Filer re 12 Joint MOTION for Extension of Time to File status report and to continue telephonic status conference. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (lk) (Entered: 02/22/2010) 02/22/ ORDER granting 12 parties' Joint Motion for Extension of Time to File Status Report; denying 12 parties' Joint Motion for Continuance of Status Conference. Signed by Judge Donald L. Graham on 2/22/10. (gfw) (Entered: 02/22/2010) 02/23/ CONSENT to Jurisdiction by US Magistrate Judge by Leonardo Delgado (Miloch, Theodore) (Entered: 02/23/2010) 02/24/ CONSENT to Jurisdiction by US Magistrate Judge by Leonardo Delgado (Miloch, Theodore) (Entered: 02/24/2010) 02/24/ Minute Entry for proceedings held before Judge Donald L. Graham: Status Conference held on 2/24/2010. Court Reporter: Carly Horenkamp, / Carleen_Horenkamp@flsd.uscourts.gov (cf) (Entered: 03/01/2010) 03/02/ Agreed MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint by Leonardo Delgado. (Attachments: # 1 Text of Proposed Order)(Miloch, Theodore) (Entered: 03/02/2010) 03/02/ ORDER REFERRING CASE FOR TRIAL BEFORE Magistrate Judge Edwin G. Torres for Trial. Judge Donald L. Graham no longer assigned as presider/referral judge(s) in case. Signed by Judge Donald L. Graham on 3/2/2010. (cqs) (Entered: 03/03/2010) 03/08/ ORDER: (1) granting 13 Motion for Extension of Time to Serve Process, for the additional forty-five days requested in the motion; (2) granting 20 Delgado's Agreed Motion for Extension of Time to Answer/Respond to Complaint (response now due by 4/5/2010); (3) following the transfer of the case by consent to this Court's jurisdiction, once all defendants have been served and file their appearances the parties shall confer and file a joint scheduling report setting forth proposed specially set trial dates. Docket Order Signed by Magistrate Judge Edwin G. Torres on 3/8/2010. (EGT) (Entered: 03/08/2010)

5 03/23/ MOTION to Dismiss for Lack of Jurisdiction 1 Complaint by Nicholas Swischer. Responses due by 4/9/2010 (tb) (Entered: 03/24/2010) 04/01/ MOTION to Dismiss for Lack of Proper of Service and Jurisdiction 1 Complaint by Julio San Juan. Responses due by 4/19/2010 (tb) (Entered: 04/02/2010) 04/05/ Leonardo Delgado's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Leonardo Delgado.(Miloch, Theodore) (Entered: 04/05/2010) 04/09/ RESPONSE in Opposition re 23 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint filed by Markus Hochuli. (Ward, Gregory) (Entered: 04/09/2010) 04/19/ RESPONSE in Opposition re 24 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint filed by Markus Hochuli. (Ward, Gregory) (Entered: 04/19/2010) 04/21/ Second MOTION for Extension of Time to File by Markus Hochuli. (Attachments: # 1 Text of Proposed Order)(Ward, Gregory) (Entered: 04/21/2010) 04/22/ ORDER granting 28 Motion for Extension of Time to Serve remaining defendants for the additional sixty-day time period requested in the motion from the date of this Order. Docket Order Signed by Magistrate Judge Edwin G. Torres on 4/22/2010. (EGT) (Entered: 04/22/2010) 05/24/ SUGGESTION OF BANKRUPTCY as to Nicholas L. Swischer by Nicholas Swischer (tb) (Entered: 05/25/2010) 05/31/ ORDER denying 23 Motion to Dismiss for Lack of Jurisdiction filed by Nicholas Swischer, without prejudice, upon the filing of a Suggestion of Bankruptcy 30 and the automatic stay currently in place. Docket Order Signed by Magistrate Judge Edwin G. Torres on 5/31/2010. (EGT) (Entered: 05/31/2010) 06/04/ ORDER denying 24 San Juan's Motion to Dismiss for Lack of Jurisdiction. Signed by Magistrate Judge Edwin G. Torres on 6/4/2010. (EGT) (Entered: 06/04/2010) 06/21/ First MOTION for Service by Publication by Markus Hochuli. (Attachments: # 1 Exhibit Declaration, # 2 Text of Proposed Order)(Smith, Cherine). Added MOTION to extend time of 90 days to make service on 6/22/2010 (lk). (Entered: 06/21/2010) 06/22/ Clerks Notice to Filer re 33 First MOTION for Service by Publication and Motion for Extension of Time. Motion with Multiple Reliefs Filed as One Relief ; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (lk) (Entered: 06/22/2010) 07/06/ MOTION for Clerks Entry of Default as to Julio San Juan by Markus Hochuli. (Attachments: # 1 Text of Proposed Order)(Ward, Gregory) (Entered: 07/06/2010) 07/08/ Bar Letter re: Admissions sent to attorneys Joel Pelofsky and Ronald S. Weiss, mailing date July 8, (cw) (Entered: 07/08/2010) 07/09/ Agreed MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint by Julio San Juan. (Attachments: # 1 Text of Proposed Order)(Miloch, Theodore) (Entered: 07/09/2010)

6 07/12/ ORDER granting 37 Motion for Extension of Time to Answer. Julio San Juan shall file his answer by 7/23/2010. Docket Order Signed by Magistrate Judge Edwin G. Torres on 7/12/2010. (EGT) (Entered: 07/12/2010) 07/18/ ORDER denying Motion for Entry of Default re 35 Julio San Juan. The Motion is moot as per 37. Docket Order Signed by Magistrate Judge Edwin G. Torres on 7/18/2010. (EGT) (Entered: 07/18/2010) 07/18/ ORDER granting 33 Motion Extension of Time to Serve; granting 33 Motion for Service by Publication. Signed by Magistrate Judge Edwin G. Torres on 7/18/2010. (EGT) (Entered: 07/18/2010) 07/23/ ANSWER and Affirmative Defenses to Complaint with Jury Demand by Julio San Juan.(tb) (Entered: 07/26/2010) 08/16/ Plaintiff's MOTION to Strike 41 Answer to Complaint FOURTH AFFIRMATIVE DEFENSE OF DEFENDANT JULIO SAN JUAN, by Markus Hochuli. Responses due by 9/2/2010 (Smith, Cherine) (Entered: 08/16/2010) 08/17/ Foland's MOTION to Quash and Memorandum of Law, MOTION to Dismiss 1 Complaint ( Responses due by 9/3/2010) by James W. Foland. (ebs) (Entered: 08/17/2010) 09/03/ SUMMONS (Affidavit) Returned Executed by Markus Hochuli. James W. Foland served on 7/28/2010, answer due 8/18/2010. (Smith, Cherine) (Entered: 09/03/2010) 09/03/ RESPONSE in Opposition re 43 MOTION to Quash MOTION to Dismiss 1 Complaint filed by Markus Hochuli. (Attachments: # 1 Exhibit A (Supplemental Affidavit of Process Server))(Smith, Cherine) (Entered: 09/03/2010) 09/10/ Foland's Reply to 43 MOTION to Quash with Memorandum of Law in Support MOTION to Dismiss 1 Complaint filed by James W. Foland. Replies due by 9/20/2010. (ebs) (Entered: 09/10/2010) 09/20/ RESPONSE/REPLY to 46 Response to Motion by Markus Hochuli. (Attachments: # 1 Exhibit A)(Smith, Cherine) (Entered: 09/20/2010) 09/22/ Summons (Affidavit) Returned Unexecuted by Markus Hochuli as to Robert Davis. (Attachments: # 1 Affidavit of Due Diligence)(ebs) (Entered: 09/22/2010) 09/22/ Clerks Notice of Noncompliance of 48 Summons Returned Unexecuted re: Failure to Electronically File Document(s). Pursuant to Administrative Order and the CM/ECF Administrative Procedures, electronic filing is mandatory for attorneys admitted to practice in this Court unless otherwise noted in the Administrative Procedures. It is not necessary to re-file this document but future filings must comply with the CM/ECF Administrative Procedures. (ebs) (Entered: 09/22/2010) 09/22/ Summons Issued as to Robert Davis. (ebs) (Entered: 09/22/2010) 09/24/ Foland's MOTION to Strike 47 Plaintiff's Sur-Reply in Opposition to Motion to Quash and to Dismiss by James W. Foland. Responses due by 10/12/2010 (ebs) (Entered: 09/24/2010) 10/12/ RESPONSE in Opposition re 51 MOTION to Strike 47 Response/Reply (Other) filed by Markus Hochuli. (Smith, Cherine) (Entered: 10/12/2010)

7 10/14/ Notice of Action Robert Davis answer/written defenses due by 12/15/2010. (ots) (Entered: 10/14/2010) 10/15/ Notice of Action as to Robert Davis (ots). (Entered: 10/15/2010) 10/18/ REPLY Memorandum in Support of Motion DE 51 re 47 Motion To Strike Sur-Reply filed by James W. Foland. (ots) (Entered: 10/18/2010) 12/15/ MOTION to Dismiss and Memorandum of Law 1 Complaint by Robert Davis.Responses due by 1/3/2011 (ots) (Entered: 12/15/2010) 01/03/ RESPONSE in Opposition re 56 MOTION to Dismiss 1 Complaint filed by Markus Hochuli. (Attachments: # 1 Exhibit Return of Non-Service, # 2 Exhibit Proof of Publication (Broward Daily Business Review), # 3 Exhibit Proof of Publication (Fort Scott Tribune))(Smith, Cherine) (Entered: 01/03/2011) 02/07/ Notification of Ninety Days Expiring by James W. Foland re 43 MOTION to Quash MOTION to Dismiss 1 Complaint filed by James W. Foland (jcy) (Entered: 02/07/2011) 02/22/ MOTION to Withdraw as Attorney for Leonardo Delgado by Theodore C. Miloch, II of Infante Zumpano Hudson & Miloch. by Leonardo Delgado. Responses due by 3/11/2011 (Attachments: # 1 Text of Proposed Order)(Miloch, Theodore) (Entered: 02/22/2011) 02/22/ NOTICE by Leonardo Delgado CHARGING LIEN (Miloch, Theodore) (Entered: 02/22/2011) 02/24/ ORDER denying 43 Motion to Quash and Dismiss; denying 51 Motion to Strike Sur- Reply. Signed by Magistrate Judge Edwin G. Torres on 2/24/11. (dgm) (Entered: 02/24/2011) 03/08/ ORDER granting 42 Plaintiff's Motion to Strike San Juan's Fourth Affirmative Defense. Signed by Magistrate Judge Edwin G. Torres on 3/8/2011. (EGT) (Entered: 03/08/2011) 03/09/ MOTION for Reconsideration re 61 Order on Motion to Quash, Order on Motion to Dismiss, Order on Motion to Strike by James W. Foland. (ots) (Entered: 03/09/2011) 03/16/ ORDER granting 59 Motion to Withdraw as Attorney, based upon the good cause shown in the motion and the absence of any timely response. Attorney Theodore Charles Miloch, II terminated as counsel for Leonardo Delgado. Delgado shall have until April 8, 2011,to obtain new counsel. The LawFirm of Infante, Zumpano, Hudson & Miloch, LLC, shall have no further obligations in this matter, but shall serve a hardcopy of this docket Order upon Delgado. All future court filings and correspondence to be directed to LEONARDO DELGDO shall be served at 2600 South Douglas Road, Suite 303, Coral Gables, Florida. Docket Order Signed by Magistrate Judge Edwin G. Torres on 3/16/2011. (EGT) (Entered: 03/16/2011) 03/29/ Plaintiff's MOTION for Extension of Time to File Response/Reply as to 63 MOTION for Reconsideration re 61 Order on Motion to Quash, Order on Motion to Dismiss, Order on Motion to Strike by Markus Hochuli. (Attachments: # 1 Text of Proposed Order)(Smith, Cherine) (Entered: 03/29/2011)

8 04/06/ RESPONSE in Opposition re 63 MOTION for Reconsideration re 61 Order on Motion to Quash, Order on Motion to Dismiss, Order on Motion to Strike filed by Markus Hochuli. (Smith, Cherine) (Entered: 04/06/2011) 04/13/ ORDER granting nunc pro tunc 65 Motion for Extension of Time to File Response to motion for reconsideration, for the time period requested in the motion. Docket Order Signed by Magistrate Judge Edwin G. Torres on 4/13/2011. (EGT) (Entered: 04/13/2011) 04/19/ REPLY to Response to Motion re 61 Order on Motion to Quash, Order on Motion to Dismiss, Order on Motion to Strike filed by James W. Foland. (ots) (Entered: 04/20/2011) 08/01/ Notification of Ninety Days Expiring by James W. Foland re 63 MOTION for Reconsideration re 61 Order on Motion to Quash, Order on Motion to Dismiss, Order on Motion to Strike filed by James W. Foland (yha) (Entered: 08/01/2011) 09/30/ ORDER Granting in part 63 W. James Foland's Motion for Reconsideration of 61 Order Denying 's Motion to Quash and to Dismiss. Plaintiff is Ordered to file a notice regarding his preferred course of action as to Foland and the consent case within fourteen (14) days of the date of the Order.Signed by Magistrate Judge Edwin G. Torres on 9/30/2011. (aed) (Entered: 09/30/2011) 09/30/ ORDER denying 56 Davis' Motion to Quash and to Dismiss. Davis has twenty (20) days from the date of this Order in which to file his Answer to the Complaint. Signed by Magistrate Judge Edwin G. Torres on 9/30/2011. (aed) (Entered: 09/30/2011) 10/14/ NOTICE by Markus Hochuli re 70 Order, Election of Preferred Course of Action (Smith, Cherine) (Entered: 10/14/2011) 03/29/ ORDER DISMISSING CASE pursuant to Federal Rule of Civil Procedure 41(b) based on Plaintiff's failure to prosecute his claims in this case. Some of the s have filed Answers to the Complaint, others have not. Meanwhile, the Court Docket reflects that the last activity in the case occurred on October 14, Given the lengthy passage of time with no apparent attempt by Plaintiff to press his case, and our inherent authority to dispose of cases that have remained dormant because of the inaction of the party seeking relief, we hereby ORDER that this case is DISMISSED, without prejudice. See Fed. R. Civ. P. 41(b) (district court may dismiss action if plaintiff fails to prosecute); see generally Link v. Wabash R. Co., 370 U.S. 626, (1962). All pending motions are terminated and the Clerk of the Court is directed to close the file. Docket Order signed by Magistrate Judge Edwin G. Torres on 3/29/2013. (aed) (Entered: 03/29/2013) Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at