Sunpangzi

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Recent Dockets

Entered	Case	Description
07/14/23	Daka Research Inc v. T Schedule A 0:22-CV-60246 ( S.D. FL )	REPORT AND RECOMMENDATION that 70 Plaintiff's Motion for Entry of Final Default Judgment Against the Defaulting Defendants be granted. Objections to R&R due by 7/28/2023. Signed by Magistrate Judge Alicia O. Valle on 7/14/2023. See attached document for full details. (sd01) (Entered: 07/14/2023)
03/21/23	Daka Research Inc v. T Schedule A 0:22-CV-60246 ( S.D. FL )	ORDER affirming and adopting Judge Alicia O. Valle's Report and Recommendation (DE 66 ) as set forth in the attached Order, and denying Plaintiff's First Motion for Entry of Final Default Judgment (DE 55 ) as moot. Signed by Judge Kathleen M. Williams on 3/21/2023. See attached document for full details. (nlf) (Entered: 03/21/2023)
01/04/23	Daka Research Inc v. T Schedule A 0:22-CV-60246 ( S.D. FL )	PAPERLESS ORDER. THIS MATTER is before the Court on 41 Plaintiff's Motion to Dismiss 7 the Counterclaim Filed by Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi (collectively, "Defendants"). Given that the Court's November 30, 2022 Paperless Order directed the Clerk of Court to enter default against these Defendants, and that the Clerk of Court has done so, the issues raised in 41 Plaintiff's Motion are moot. Accordingly, it is ORDERED AND ADJUDGED that 41 Plaintiff's Motion to Dismiss is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 1/4/2023. (sgm) (Entered: 01/04/2023) PAPERLESS ORDER. THIS MATTER is before the Court on 41 Plaintiff's Motion to Dismiss 7 the Counterclaim Filed by Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi (collectively, "Defendants"). Given that the Court's November 30, 2022 Paperless Order directed the Clerk of Court to enter default against these Defendants, and that the Clerk of Court has done so, the issues raised in 41 Plaintiff's Motion are moot. Accordingly, it is ORDERED AND ADJUDGED that 41 Plaintiff's Motion to Dismiss is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 1/4/2023. (sgm) (Entered: 01/04/2023)
12/13/22	Daka Research Inc v. T Schedule A 0:22-CV-60246 ( S.D. FL )	PAPERLESS ORDER REFERRING MOTION TO MAGISTRATE JUDGE VALLE. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. Â§ 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, it is ORDERED AND ADJUDGED that 70 Plaintiff's Motion for Default Judgment Against Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi is REFERRED to U.S. Magistrate Judge Alicia O. Valle for a report and recommendation. Signed by Judge Kathleen M. Williams on 12/13/2022. (sgm) (Entered: 12/13/2022) PAPERLESS ORDER REFERRING MOTION TO MAGISTRATE JUDGE VALLE. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. Â§ 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, it is ORDERED AND ADJUDGED that 70 Plaintiff's Motion for Default Judgment Against Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi is REFERRED to U.S. Magistrate Judge Alicia O. Valle for a report and recommendation. Signed by Judge Kathleen M. Williams on 12/13/2022. (sgm) (Entered: 12/13/2022)
12/13/22	Daka Research Inc v. T Schedule A 0:22-CV-60246 ( S.D. FL )	PAPERLESS ORDER REFERRING MOTION TO MAGISTRATE JUDGE VALLE. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, it is ORDERED AND ADJUDGED that 70 Plaintiff's Motion for Default Judgment Against Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi is REFERRED to U.S. Magistrate Judge Alicia O. Valle for a report and recommendation. Signed by Judge Kathleen M. Williams on 12/13/2022. (sgm) (Entered: 12/13/2022) PAPERLESS ORDER REFERRING MOTION TO MAGISTRATE JUDGE VALLE. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, it is ORDERED AND ADJUDGED that 70 Plaintiff's Motion for Default Judgment Against Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi is REFERRED to U.S. Magistrate Judge Alicia O. Valle for a report and recommendation. Signed by Judge Kathleen M. Williams on 12/13/2022. (sgm) (Entered: 12/13/2022)
12/05/22	Daka Research Inc v. T Schedule A 0:22-CV-60246 ( S.D. FL )	MOTION for Default Judgment by Daka Research Inc.. (Attachments: # 1 Decl. of Palmer, # 2 Text of Proposed Order Proposed Final Judgment Order, # 3 Text of Proposed Order)(Palmer, Andrew) (Entered: 12/05/2022)
12/01/22	Daka Research Inc v. T Schedule A 0:22-CV-60246 ( S.D. FL )	Clerk's Entry of Default as to Shenzhen Bali Electronic Technology Co., Ltd, bad87hs, sunpangzi per Order Directing Clerk to Enter Default Re: 68 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 11/30/2022. (scn) (Entered: 12/01/2022)
11/30/22	Daka Research Inc v. T Schedule A 0:22-CV-60246 ( S.D. FL )	PAPERLESS ORDER DIRECTING CLERK TO ENTER DEFAULT AGAINST DEFENDANTS BAD87HS, SHENZHEN BALI ELECTRONIC TECHNOLOGY CO., LTD., AND SUNPANGZI, AND DIRECTING PLAINTIFF TO FILE MOTION FOR DEFAULT FINAL JUDGMENT. U.S. Magistrate Judge Alicia O. Valle's October 7, 2022 Paperless Order granted 60 the Motion to Withdraw as Counsel filed by attorneys Darren Heitner and Alan Wilmot, who previously represented Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi (collectively, "Defendants") in the above-captioned case. Judge Valle's Paperless Order stated in relevant part:[B]y November 7, 2022, Defendants must retain new counsel (who must file a Notice of Appearance). Failure to timely comply with this Order may result in a default judgment against Defendants upon Plaintiff's Motion.After Defendants failed to do so by the November 7, 2022 deadline, the Court entered the November 16, 2022 Paperless Order to Show Cause, directing Defendants to show cause "as to why sanctions should not be imposed for their failure to comply with Judge Valle's October 7, 2022 Paperless Order." However, to date, Defendants have failed to show cause.It is well-established "that a corporation's failure to retain new counsel after the withdrawal of its initial counsel is a valid basis for a court to enter a default and a default judgment against the corporation, notwithstanding that it (through counsel) had previously filed an answer to the complaint." Mayorga v. Stamp Concrete & Pavers, Inc., 2015 WL 1345364, at 2 (S.D. Fla. Mar. 23, 2015) (citations omitted). Accordingly, it is ORDERED AND ADJUDGED as follows:The Clerk of Court is directed to ENTER DEFAULT JUDGMENT against Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi.On or before December 9, 2022, Plaintiff shall file a motion for default final judgment against Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi, and serve it in accordance with Fed. R. Civ. P. 55. The motion must be accompanied by a proposed final default judgment order, setting forth the sum certain owed as money damages and the sum certain sought for attorney's fees and costs supported by sufficient evidence - through affidavits or otherwise - to establish the basis for damages and other relief sought in the pleadings. The motion shall also reference specific legal authority establishing Plaintiff's entitlement to the relief sought and demonstrating that service was proper. Signed by Judge Kathleen M. Williams on 11/30/2022. (sgm) (Entered: 11/30/2022) PAPERLESS ORDER DIRECTING CLERK TO ENTER DEFAULT AGAINST DEFENDANTS BAD87HS, SHENZHEN BALI ELECTRONIC TECHNOLOGY CO., LTD., AND SUNPANGZI, AND DIRECTING PLAINTIFF TO FILE MOTION FOR DEFAULT FINAL JUDGMENT. U.S. Magistrate Judge Alicia O. Valle's October 7, 2022 Paperless Order granted 60 the Motion to Withdraw as Counsel filed by attorneys Darren Heitner and Alan Wilmot, who previously represented Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi (collectively, "Defendants") in the above-captioned case. Judge Valle's Paperless Order stated in relevant part:[B]y November 7, 2022, Defendants must retain new counsel (who must file a Notice of Appearance). Failure to timely comply with this Order may result in a default judgment against Defendants upon Plaintiff's Motion.After Defendants failed to do so by the November 7, 2022 deadline, the Court entered the November 16, 2022 Paperless Order to Show Cause, directing Defendants to show cause "as to why sanctions should not be imposed for their failure to comply with Judge Valle's October 7, 2022 Paperless Order." However, to date, Defendants have failed to show cause.It is well-established "that a corporation's failure to retain new counsel after the withdrawal of its initial counsel is a valid basis for a court to enter a default and a default judgment against the corporation, notwithstanding that it (through counsel) had previously filed an answer to the complaint." Mayorga v. Stamp Concrete & Pavers, Inc., 2015 WL 1345364, at 2 (S.D. Fla. Mar. 23, 2015) (citations omitted). Accordingly, it is ORDERED AND ADJUDGED as follows:The Clerk of Court is directed to ENTER DEFAULT JUDGMENT against Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi.On or before December 9, 2022, Plaintiff shall file a motion for default final judgment against Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi, and serve it in accordance with Fed. R. Civ. P. 55. The motion must be accompanied by a proposed final default judgment order, setting forth the sum certain owed as money damages and the sum certain sought for attorney's fees and costs supported by sufficient evidence - through affidavits or otherwise - to establish the basis for damages and other relief sought in the pleadings. The motion shall also reference specific legal authority establishing Plaintiff's entitlement to the relief sought and demonstrating that service was proper. Signed by Judge Kathleen M. Williams on 11/30/2022. (sgm) (Entered: 11/30/2022)
11/16/22	Daka Research Inc v. T Schedule A 0:22-CV-60246 ( S.D. FL )	PAPERLESS ORDER TO SHOW CAUSE. THIS MATTER is before the Court sua sponte. On October 7, 2022, U.S. Magistrate Judge Alicia O. Valle entered the Paperless Order Granting 60 Attorneys Darren Heitner and Alan Wilmot's Motion to Withdraw as Counsel for Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi (collectively, "Defendants"). Judge Valle's Paperless Order stated in relevant part:[B]y November 7, 2022, Defendants must retain new counsel (who must file a Notice of Appearance. Failure to timely comply with this Order may result in a default judgment against Defendants upon Plaintiff's Motion.Notwithstanding these clear instructions, no new counsel has appeared on Defendants' behalf and Defendants have not sought an extension or otherwise explained why they could not meet the November 7, 2022 deadline. Accordingly, it is ORDERED AND ADJUDGED that on or before November 23, 2022, Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi shall each SHOW CAUSE as to why sanctions should not be imposed for their failure to comply with Judge Valle's October 7, 2022 Paperless Order. Signed by Judge Kathleen M. Williams on 11/16/2022. (sgm) (Entered: 11/16/2022) PAPERLESS ORDER TO SHOW CAUSE. THIS MATTER is before the Court sua sponte. On October 7, 2022, U.S. Magistrate Judge Alicia O. Valle entered the Paperless Order Granting 60 Attorneys Darren Heitner and Alan Wilmot's Motion to Withdraw as Counsel for Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi (collectively, "Defendants"). Judge Valle's Paperless Order stated in relevant part:[B]y November 7, 2022, Defendants must retain new counsel (who must file a Notice of Appearance. Failure to timely comply with this Order may result in a default judgment against Defendants upon Plaintiff's Motion.Notwithstanding these clear instructions, no new counsel has appeared on Defendants' behalf and Defendants have not sought an extension or otherwise explained why they could not meet the November 7, 2022 deadline. Accordingly, it is ORDERED AND ADJUDGED that on or before November 23, 2022, Defendants bad87hs, Shenzhen Bali Electronic Technology Co., Ltd., and sunpangzi shall each SHOW CAUSE as to why sanctions should not be imposed for their failure to comply with Judge Valle's October 7, 2022 Paperless Order. Signed by Judge Kathleen M. Williams on 11/16/2022. (sgm) (Entered: 11/16/2022)
10/27/22	Daka Research Inc v. T Schedule A 0:22-CV-60246 ( S.D. FL )	REPORT AND RECOMMENDATION that 55 Plaintiff's Motion for Entry of Final Default against the Defaulting Defendants be denied. Signed by Magistrate Judge Alicia O. Valle on 10/27/2022. See attached document for full details. (sd01) (Entered: 10/27/2022)