Ningbo Baichen Medical Devices CO, LTD v. Miracle Mobility LLC et al
| Florida Middle District Court | |
| Judge: | Steven D Merryday |
| Referred: | Sean P Flynn |
| Case #: | 8:23-cv-02948 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1330 Breach of Contract |
| Case Filed: | Dec 22, 2023 |
| Re-opened: | May 06, 2024 |
| Terminated: | Nov 14, 2024 |
| Last checked: Wednesday Jun 19, 2024 5:42 AM EDT |
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Defendant
Daniel Guthrie
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Defendant
Miracle Mobility LLC
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Plaintiff
Ningbo Baichen Medical Devices CO, LTD.
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Represented By
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| Docket last updated: 05/12/2025 11:59 PM EDT |
| Friday, November 15, 2024 | ||
| 38 | 38
notice
Notice to Counsel of Local Rule
Fri 11/15 2:43 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). (JDR) |
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| Thursday, November 14, 2024 | ||
| 37 | 37
order
Order
Thu 11/14 2:28 PM
ENDORSED ORDER: An earlier order (Doc. 18) grants Ningbo's motion (Doc. 18) for default judgment against Miracle Mobility, LLC, for breach of contract. Additionally, the order (1) denies Ningbo's motion for default judgment against Guthrie to "pierce the corporate veil"; (2) dismisses without prejudice the claim entitled "piercing the corporate veil" against Guthrie; and (3) permits Ningbo to amend the complaint to state a claim against Guthrie no later than October 3, 2024. Because the clerk entered judgment (Doc. 35) in favor of Ningbo and against Miracle Mobility, LLC, and because Ningbo did not amend the complaint to state a claim against Guthrie, all claims have been resolved in this action. The clerk must close the case. Signed by Judge Steven D. Merryday on 11/14/2024. (JTM) |
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| Wednesday, November 13, 2024 | ||
| 36 | 36
notice
Notice (Other)
Wed 11/13 4:29 PM
NOTICE by Ningbo Baichen Medical Devices CO, LTD. Notice of Unavailability (Morales, German) |
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| Friday, September 13, 2024 | ||
| 35 | 35
misc
Judgment
Fri 09/13 10:31 AM
JUDGMENT in favor of Ningbo Baichen Medical Devices CO, LTD. against Miracle Mobility LLC. ( Signed by Deputy Clerk) (JOS) |
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| Thursday, September 12, 2024 | ||
| 34 | 34
5
pgs
order
Order on Motion for Default Judgment
Thu 09/12 6:10 PM
ORDER granting in part and denying in part Ningbo's (Doc. 29 ) motion for default judgment; directing the clerk to enter judgment for Ningbo and against Miracle Mobility, LLC. Signed by Judge Steven D. Merryday on 9/12/2024. (JTM) |
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| Wednesday, September 04, 2024 | ||
| 33 | 33
misc
Disclosure Statement - LR 3.03 and FRCP 7.1
Wed 09/04 9:09 AM
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Ningbo Baichen Medical Devices CO, LTD.. (Morales, German) |
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| Wednesday, August 28, 2024 | ||
| 32 | 32
order
Order
Wed 08/28 12:04 PM
ENDORSED ORDER: Contrary to Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03, no disclosure statement for the plaintiff appears on the docket. No later than SEPTEMBER 4, 2024, the plaintiff must file a complete and compliant disclosure statement on the required form. Failure to comply with this order might result in an order imposing a sanction. Signed by Judge Steven D. Merryday on 8/28/2024. (CJR) |
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| Tuesday, July 02, 2024 | ||
| 31 | 31
notice
Notice (Other)
Tue 07/02 8:57 AM
NOTICE by Ningbo Baichen Medical Devices CO, LTD. re29 MOTION for Default Judgment against Daniel Guthrie, Miracle Mobility LLC ,30 Affidavit (Morales, German) |
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| Monday, May 20, 2024 | ||
| 30 | 30
misc
Affidavit
Mon 05/20 11:09 AM
AFFIDAVIT of Xiaolong Wu re:29 MOTION for Default Judgment against Daniel Guthrie, Miracle Mobility LLC by Ningbo Baichen Medical Devices CO, LTD.. (Morales, German) |
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| Friday, May 17, 2024 | ||
| 29 | 29
motion
Default Judgment
Fri 05/17 1:28 PM
MOTION for Default Judgment against Daniel Guthrie, Miracle Mobility LLC by Ningbo Baichen Medical Devices CO, LTD..(Morales, German) |
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Att: 1
Affidavit Plaintiff's Affidavit,
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Att: 2
Text of Proposed Order Proposed Order
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| Tuesday, May 07, 2024 | ||
| 28 | 28
notice
Notice to Counsel of Local Rule
Tue 05/07 3:26 PM
NOTICE TO COUNSEL L. Anthony DiJiacomo to comply with Local Rule 2.01(c), Special Admission - Submit a Pro Hac Vice E-File Registration through PACER for a login and password. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (LSS) |
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| Monday, May 06, 2024 | ||
| 27 | 27
order
Order on Motion for Reconsideration / Clarification
Mon 05/06 11:03 AM
ENDORSED ORDER: Because the plaintiff shows excusable neglect in failing to move for default judgment within the time permitted by the Local Rules, the plaintiff's motion (Doc. 26 ) to re-consider the earlier order dismissing the action is GRANTED. The order (Doc. 24) is VACATED. The clerk must RE-OPEN the case. No later than MAY 17, 2024, the plaintiff may move for default judgment. Signed by Judge Steven D. Merryday on 5/6/2024. (CJR) |
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| Tuesday, April 30, 2024 | ||
| 26 | 26
motion
Reconsideration / Clarification
Tue 04/30 5:09 PM
MOTION for Reconsideration re 24 Order by Ningbo Baichen Medical Devices CO, LTD..(Morales, German) |
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Att: 1
Text of Proposed Order Order
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| 25 | 25
notice
Notice to Counsel of Local Rule
Tue 04/30 9:15 AM
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). (JOS) |
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| Monday, April 29, 2024 | ||
| 24 | 24
order
Order
Mon 04/29 4:23 PM
ENDORSED ORDER: On March 22, 2024, the clerk entered default against each defendant. Local Rule 1.10 states that, within thirty-five days after entry of a default, a party entitled to default judgment must move for default judgment. Because no motion for default judgment appears on the docket, this action is DISMISSED WITHOUT PREJUDICE. The clerk must close the case. Signed by Judge Steven D. Merryday on 4/29/2024. (CJR) |
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| Tuesday, March 26, 2024 | ||
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misc
Fees Paid - Pro Hac Vice
Tue 03/26 10:02 AM
***PRO HAC VICE FEES PAID by attorney Matthew B. Weisberg. Related document:17 MOTION for Matthew B. Weisberg to appear pro hac vice . (ARC) |
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misc
Fees Paid - Pro Hac Vice
Tue 03/26 10:03 AM
***PRO HAC VICE FEES PAID by attorney L. Anthony DiJiacomo, III. Related document:16 MOTION for L. Anthony DiJiacomo, III to appear pro hac vice . (ARC) |
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| Friday, March 22, 2024 | ||
| 23 | 23
order
Clerks Entry of Default
Fri 03/22 11:15 AM
Clerk's ENTRY OF DEFAULT as to Daniel Guthrie. (EJC) |
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| 22 | 22
order
Clerks Entry of Default
Fri 03/22 11:14 AM
Clerk's ENTRY OF DEFAULT as to Miracle Mobility LLC. (EJC) |
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| Thursday, March 21, 2024 | ||
| 21 | 21
motion
Clerks Default
Thu 03/21 1:42 PM
MOTION for Clerk's Default against Daniel Guthrie, Miracle Mobility LLC by Ningbo Baichen Medical Devices CO, LTD..(Morales, German) |
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Att: 1
Exhibit Exhibit A
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| Monday, March 18, 2024 | ||
| 20 | 20
order
Order on Motion to Appear Pro Hac Vice
Mon 03/18 3:37 PM
ENDORSED ORDER granting 16 Motion to Appear Pro Hac Vice; granting 17 Motion to Appear Pro Hac Vice. Attorneys L. Anthony DiJiacomo and Matthew B. Weisberg may appear pro hac vice on behalf of Plaintiff. Within twenty-one days from the date of this Order, counsel shall comply with the fee and electronic filing registration requirements of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 3/18/2024. (CED) |
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| 19 | 19
notice
Notice to Counsel of Local Rule
Mon 03/18 2:49 PM
NOTICE TO COUNSEL L. Anthony DiJiacomo, Matthew B. Weisberg Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - 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). (EAM) |
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| 18 | 18
cmp
Complaint
Mon 03/18 12:14 PM
COMPLAINT against Daniel Guthrie, Miracle Mobility LLC with Jury Demand filed by Ningbo Baichen Medical Devices CO, LTD.(Morales, German) Modified on 3/18/2024 to edit docket text (EAM) |
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Att: 1
Exhibit A,
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Att: 2
Civil Cover Sheet
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| 17 | 17
motion
Appear Pro Hac Vice
Mon 03/18 11:46 AM
MOTION for Matthew B. Weisberg to appear pro hac vice by Ningbo Baichen Medical Devices CO, LTD. (Morales, German) |
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| 16 | 16
motion
Appear Pro Hac Vice
Mon 03/18 11:42 AM
MOTION for L. Anthony DiJiacomo, III to appear pro hac vice by Ningbo Baichen Medical Devices CO, LTD. (Morales, German) |
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| Wednesday, March 13, 2024 | ||
| 15 | 15
order
Order
Wed 03/13 5:24 PM
ENDORSED ORDER: A review reveals that the complaint (Doc. 1 ) uses in the main text 12-point Times New Roman--a violation of Local Rule 1.08. The offending paper is STRICKEN. No later than MARCH 29, 2024, the plaintiff may re-file a paper that complies with the Local Rules. Signed by Judge Steven D. Merryday on 3/13/2024. (CJR) |
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| Friday, March 01, 2024 | ||
| 14 | 14
notice
Notice of Lead Counsel Designation
Fri 03/01 1:02 PM
NOTICE of Lead Counsel Designation by German Morales on behalf of Ningbo Baichen Medical Devices CO, LTD.. Lead Counsel: German Morales. (Morales, German) |
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| Monday, February 26, 2024 | ||
| 13 | 13
notice
Notice to Counsel of Local Rule
Mon 02/26 11:54 AM
SECOND NOTICE TO ALL COUNSEL 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). (GL) |
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| 12 | 12
notice
Notice to Counsel of Local Rule
Mon 02/26 11:54 AM
SECOND NOTICE TO COUNSEL Lizet Cardozo 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). (GL) |
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| Friday, February 23, 2024 | ||
| 11 | 11
service
Proof of service
Fri 02/23 3:04 PM
PROOF of service by Ningbo Baichen Medical Devices CO, LTD. (Morales, German) |
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| 10 | 10
service
Proof of service
Fri 02/23 3:03 PM
PROOF of service by Ningbo Baichen Medical Devices CO, LTD. (Morales, German) |
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| Friday, February 02, 2024 | ||
| 9 | 9
service
Proposed summons
Fri 02/02 3:44 PM
PROPOSED summons to be issued by Ningbo Baichen Medical Devices CO, LTD.. (Morales, German) |
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| 8 | 8
service
Proposed summons
Fri 02/02 3:40 PM
PROPOSED summons to be issued by Ningbo Baichen Medical Devices CO, LTD.. (Morales, German) |
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| Thursday, January 11, 2024 | ||
| 7 | 7
service
Summons issued
Thu 01/11 9:05 AM
SUMMONS issued as to All Defendants. (LD) |
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| Wednesday, January 10, 2024 | ||
| 6 | 6
service
Proposed summons
Wed 01/10 12:19 PM
PROPOSED summons to be issued by Ningbo Baichen Medical Devices CO, LTD.. (Morales, German) |
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| 5 | 5
service
Proposed summons
Wed 01/10 12:17 PM
PROPOSED summons to be issued by Ningbo Baichen Medical Devices CO, LTD.. (Morales, German) |
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| Wednesday, December 27, 2023 | ||
| 4 | 4
notice
Notice to Counsel of Local Rule
Wed 12/27 2:51 PM
NOTICE TO ALL COUNSEL 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). (GL) |
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| 3 | 3
notice
Notice to Counsel of Local Rule
Wed 12/27 2:50 PM
NOTICE TO COUNSEL Lizet Cardozo 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). (GL) |
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| Friday, December 22, 2023 | ||
| 2 | 2
utility
Case Assigned/Reassigned
Fri 12/22 4:26 PM
NEW CASE ASSIGNED to Judge Steven D. Merryday and Magistrate Judge Sean P. Flynn. New case number: 8:23-cv-2948-SDM-SPF. (AA) |
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| 1 | 1
6
pgs
cmp
Complaint
Fri 12/22 12:46 PM
COMPLAINT against DANIEL GUTHRIE, MIRACLE MOBILITY LLC D/B/A MIRACLE MOBILITY with Jury Demand (Filing fee $405 receipt number AFLMDC-21594529) filed by NINGBO BAICHEN MEDICAL DEVICES CO, LTD.(Morales, German) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Civil Cover Sheet Civil Cover Sheet
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