Plane Talk Travel, Inc. v. Jet Genius Florida Holdings, Inc. et al
| Florida Southern District Court | |
| Judge: | Aileen M Cannon |
| Referred: | Ryon M Mccabe |
| Case #: | 9:24-cv-80600 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | May 09, 2024 |
| Last checked: Tuesday Nov 05, 2024 3:36 AM EST |
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Defendant
Jordan Brown
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Defendant
Jet Genius Florida Holdings, Inc.
d/b/a Charter Flight Group 1900 Glades Road Suite 301
Boca Raton, FL 33431 |
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Plaintiff
Plane Talk Travel, Inc.
111 Washington Avenue
Lakewood, NJ 08701 |
Represented By
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| Docket last updated: 5 hours ago |
| Monday, May 05, 2025 | ||
| 40 | 40
order
Order Referring Motion
Mon 05/05 1:10 PM
PAPERLESS ORDER REFERRING Plaintiff's Motion for Attorney Fees39 . Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, Plaintiff's Motion for Attorney's Fees39 is REFERRED to United States Magistrate Judge Ryon M. McCabe for a report and recommendation. Signed by Judge Aileen M. Cannon on 5/5/2025. (jco) |
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| Thursday, May 01, 2025 | ||
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motion
Attorney Fees
Thu 05/01 4:25 PM
MOTION for Attorney Fees by Plane Talk Travel, Inc.. Responses due by 5/15/2025.(Baumgarten, Maurice) |
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Att: 1
Exhibit A - Retention Agreement,
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Att: 2
Exhibit B - Resume of Maurice Baumgarten,
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Att: 3
Exhibit C - Invoices for Legal Services
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| 38 | 38
notice
Notice (Other)
Thu 05/01 3:56 PM
NOTICE of Prejudgment Interest on Judgement Against CFG by Plane Talk Travel, Inc. (Baumgarten, Maurice) |
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| Friday, April 25, 2025 | ||
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8
pgs
order
Order on Motion for Default Judgment
Fri 04/25 11:10 AM
ORDER ON MOTIONS FOR DEFAULT FINAL JUDGMENT granting in part35 Motion for Default Judgment ; denying36 Motion for Default Judgment. Signed by Judge Aileen M. Cannon on 4/25/2025. See attached document for full details. (pc) |
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| Friday, April 18, 2025 | ||
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12
pgs
motion
Default Judgment
Fri 04/18 1:07 PM
Amended MOTION for Default Judgment against Jordan Brown by Plane Talk Travel, Inc..(Baumgarten, Maurice) |
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Att: 1
3 pgs
Exhibit 1 - correspondence with Jordan Brown and Admission that Money Owed,
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Att: 2
Exhibit 2 - 14 CFR Sec. 380.34,
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Att: 3
3 pgs
Exhibit 3 - April 17, 2025 Amended Statement re Fees and Costs Incurred on Jordan Brown claim,
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Att: 4
Exhibit 4 - Proposed Default Judgment
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| 35 | 35
motion
Default Judgment
Fri 04/18 12:47 PM
Amended MOTION for Default Judgment against Defendant CFG by Plane Talk Travel, Inc..(Baumgarten, Maurice) |
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Att: 1
Exhibit 1 - Sept. 2024 Affidavit of Judy Tenenbaum,
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Att: 2
Exhibit 2 - April 17Amended Statement of Maurice Baumgarten of fees, costs etc.,
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Att: 3
Exhibit 3 - Proposed Default Judgment
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| Thursday, April 17, 2025 | ||
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order
- Order (PAPERLESS or pdf attached)
Thu 04/17 12:16 PM
PAPERLESS ORDER. The Court is in receipt of33 Plaintiff's Response advising the Court of the allegations of joint and several liability in this case. In accordance with the Court's Order on Default Judgment Procedures13 , Plaintiff shall file separate renewed motions for default final judgment on or before May 1, 2025. The Court again emphasizes that any renewed motions for default should evaluate the essential elements of the claims at issue and explain how the allegations state a claim under each of those legal theories. See 32 . Incorporating portions of previously denied motions for default will not be sufficient. Signed by Judge Aileen M. Cannon on 4/17/2025. (jco) |
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| 33 | 33
5
pgs
respm
Response in Support of Motion
Thu 04/17 10:02 AM
RESPONSE in Support re15 Plaintiff's MOTION for Default Judgment against Defendant CFG ,28 Plaintiff's MOTION for Default Judgment against Defendant Jordan Brown (Verified) filed by Plane Talk Travel, Inc..(Baumgarten, Maurice) |
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Att: 1
3 pgs
Exhibit A - 14 CFR §380.34(b),
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Att: 2
1 pgs
Exhibit B - Dec. 12, 2023 Email from Jordan Brown
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| Wednesday, March 26, 2025 | ||
| 32 | 32
order
Order on Motion for Default Judgment
Wed 03/26 4:20 PM
PAPERLESS ORDER denying without prejudice28 Plaintiff's Motion for Default Judgment Against Jordan Brown. Upon review of the Motion, Plaintiff has not made a sufficient showing to warrant entry of final default judgment on Count II. First, Plaintiff has not complied with the Court's Order on Default Final Judgment Procedure, which provides that Plaintiff must either (1) state in the motion for default final judgment that there are no allegations of joint and several liability and set forth the basis why there is no possibility of inconsistent liability; or (2) file a notice of joint liability that briefly describes the allegations and advises the Court of the status of the other Defendant's liability (Jet Genius Florida Holdings, Inc.)13 . Second, while Plaintiff is correct that well-pled allegations are accepted as true in a default posture, a court may enter default judgment only if there is a "sufficient basis to state a claim" using the Rule 12(b)(6) standard. Surtain v. Hamlin Terrace Found ., 789 F.3d 1239, 1245 (11th Cir. 2015). To that end, a plaintiff seeking entry of default judgment should evaluate the essential elements of the claim(s) at issue and explain how the allegations state a claim under each of those legal theories. Plaintiff has not sufficiently done so here. Additionally, beyond the bare allegation that the subject funds were placed in a segregated account, the Motion does not set forth how final judgment on Count II is proper in light of the principles articulated in Rosen v. Marlin , 486 So. 2d 623, 625-26 (Fla. Dist. Ct. App. 1986); see also RRC Aruba, Ltd. V. Lionstone Grp., Inc. , No. 05-23060 CIV, 2006 WL 8433543 at *6 (S.D. Fla. June 12, 2006). Accordingly, Plaintiff's Motion is due to be denied without prejudice. On or before April 18, 2025 , Plaintiff shall file one of the two responses described in the Court's Order on Default Final Judgment Procedure13 . Plaintiff's forthcoming response should specify whether Plaintiff is seeking default judgment against both Defendants, and if not, why the other Defendant should not be dismissed from this action. The Court notes that it previously denied without prejudice Plaintiff's motion for default judgment against the corporate Defendant. That Order does not preclude Plaintiff from moving for default judgment against any defaulted Defendants provided Plaintiff complies with the Court's Order13 and applicable law on default judgment. Signed by Judge Aileen M. Cannon on 3/26/2025. (jco) |
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| Thursday, February 27, 2025 | ||
| 31 | 31
notice
Notice of Ninety Days Expiring
Thu 02/27 7:55 PM
Notice of Ninety Days Expiring since filing of Motion for Default Judgment by Plane Talk Travel, Inc. re28 Plaintiff's MOTION for Default Judgment against Defendant Jordan Brown filed by Plane Talk Travel, Inc. (Baumgarten, Maurice) |
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| Thursday, December 19, 2024 | ||
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respm
Response in Support of Motion
Thu 12/19 10:54 AM
RESPONSE in Support re28 Plaintiff's MOTION for Default Judgment against Defendant Jordan Brown Verified Supplemental Memorandum filed by Plane Talk Travel, Inc.. (Baumgarten, Maurice) |
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| Tuesday, December 10, 2024 | ||
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order
- Order (PAPERLESS or pdf attached)
Tue 12/10 7:04 PM
PAPERLESS ORDER: The Court is in receipt of Plaintiff's26 Motion for Clerk's Entry of Default against Defendant Brown and28 Plaintiff's Motion for Default Judgment. To ensure effectuation of proper service on Defendant Brown, and mindful of the policy disfavoring defaults, the Court hereby directs Plaintiff as follows. On or before December 23, 2024 , Plaintiff shall file a supplement on service as to Defendant Jordan Brown. The supplement shall articulate with specificity, providing record citations, how Plaintiff has complied with the strict jurisdictional and procedural requirements of Fla. Stat. §§ 48.161, 48.181. Plaintiff shall also include in its Supplement any argument as to why its efforts to effectuate personal service on Defendant Brown constitute due diligence as a matter of Florida law. Signed by Judge Aileen M. Cannon on 12/10/2024. (jco) |
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| Thursday, December 05, 2024 | ||
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motion
Default Judgment
Thu 12/05 6:26 PM
Plaintiff's MOTION for Default Judgment against Defendant Jordan Brown by Plane Talk Travel, Inc..(Baumgarten, Maurice) |
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Att: 1
Exhibit A - Affidavit of Amounts Owed,
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Att: 2
Exhibit B - Verified Statement Regarding Interest, Fees etc.,
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Att: 3
Exhibit C - Proposed Order Granting Default Motion,
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Att: 4
Exhibit D - Proposed Default Judgment
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| Tuesday, December 03, 2024 | ||
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order
Clerk's Entry/Non-Entry of Default - FORM
Tue 12/03 2:14 PM
Clerk's Entry of Default as to Jordan Brown - Motions Terminated:26 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 12/3/2024. (pc) |
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| 26 | 26
motion
CLERK'S ENTRY OF DEFAULT
Tue 12/03 12:17 PM
MOTION for Clerk's Entry of Default as to Jordan Brown by Plane Talk Travel, Inc..(Baumgarten, Maurice) |
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Att: 1
Exhibit A - Verified Statement of Diligent Search and Inquiry,
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Att: 2
Exhibit B - Documents Served on Secretary of State,
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Att: 3
Exhibit C - Receipt of Substitute Service by Secretary of State,
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Att: 4
Exhibit D - Email to Brown of Substitute Service
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| Friday, November 15, 2024 | ||
| 25 | 25
order
Order on Motion for Default Judgment
Fri 11/15 5:11 PM
PAPERLESS ORDER denying without prejudice Plaintiff's Motion for Default Judgment against Defendant Jet Genius Florida Holdings, Inc.15 , to be refiled as necessary following resolution of Plaintiff's ongoing efforts to perfect service on Defendant Jordan Brown. Signed by Judge Aileen M. Cannon on 11/15/2024. (jco) |
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| Thursday, November 07, 2024 | ||
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service
Summons Issued
Thu 11/07 4:10 PM
Summons Issued as to Jordan Brown. (pc) |
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| 22 | 22
notice
Notice of Filing Proposed Summons(es)
Thu 11/07 11:11 AM
NOTICE of Filing Proposed Summons(es) for Jordan Brown c/o Secty of State by Plane Talk Travel, Inc. (Baumgarten, Maurice) |
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| Tuesday, November 05, 2024 | ||
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order
Order on Motion for Extension of Time
Tue 11/05 9:00 AM
PAPERLESS ORDER granting in part and denying in part Plaintiff's Second Motion for Extension of Time to Perfect Service and for Leave to Engage in Discovery in Aid of Service of Process20 . Upon review of the motion, and fully advised in the premises, Plaintiff's Motion is granted insofar as it seeks an extension until January 31, 2025, to perfect service on Defendant Jordan Brown. The Motion is denied, however, insofar as it seeks authorization to depose and/or serve discovery on Defendant Brown's attorney in aid of service or on other attorneys in related litigation. While the Court understands Plaintiff's frustration with its inability to locate Defendant Brown to date, the Motion lacks an adequate factual or legal basis to warrant deposing and/or seeking discovery from opposing counsel. As a general matter, requests to depose and/or to serve discovery on opposing counsel are subject to a rigorous showing of need and risk. Relevant considerations include the need to depose the lawyer, any available alternative methods to obtain the desired information, and the risks of encountering privilege and/or work-product privileges. Plaintiff's Motion falls considerably short of the showing required for such a request. Signed by Judge Aileen M. Cannon on 11/5/2024. (jco) |
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| Thursday, October 31, 2024 | ||
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motion
Extension of Time
Thu 10/31 4:29 PM
Second MOTION for Extension of Time to serve Defendant Jordan Brown and Engage in Discovery re 19 Order on Motion for Service by Publication,, by Plane Talk Travel, Inc.. Responses due by 11/14/2024. (Baumgarten, Maurice) |
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order
Order on Motion for Service by Publication
Thu 10/31 10:42 AM
PAPERLESS ORDER denying Plaintiff's Motion for Service by Publication on Defendant Jordan Brown18 . In accordance with Fla. Stat. § 49.011, service of process by publication is permitted in actions in rem, quasi in rem, or in other cases such as partition of real property, adoption, replevin, or dissolution of marriage. None of these circumstances is presented here. The Court will consider an updated motion to engage in discovery in aid of service and/or a motion for substitute service under Fla. Stat. § 48.181, but any such motion(s) shall come accompanied by an updated, concrete, and particularized showing mindful of the strict requirements of service. Signed by Judge Aileen M. Cannon on 10/31/2024. (jco) |
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| Wednesday, October 23, 2024 | ||
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motion
Service by Publication
Wed 10/23 4:38 PM
MOTION for Service by Publication on Defendant Jordan Brown by Plane Talk Travel, Inc..(Baumgarten, Maurice) |
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Att: 1
Exhibit A - Verified Statement of Diligent Search and Inquiry
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| Sunday, September 22, 2024 | ||
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order
Order on Motion for Extension of Time
Sun 09/22 5:40 PM
PAPERLESS ORDER granting in part16 Plaintiff's Motion for Extension of Time to Serve Defendant Jordan Brown. On or before November 6, 2024 , Plaintiffs shall file proof of service on the docket as to Defendant Jordan Brown. Nothing in this order shall be construed as authorization for the taking of discovery in aid of service at this time or as a final determination on the possibility of alternative service. Signed by Judge Aileen M. Cannon on 9/22/2024. (jco) |
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| Friday, September 20, 2024 | ||
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motion
Extension of Time
Fri 09/20 2:26 PM
MOTION for Extension of Time to serve Defendant Jordan Brown and to Engage in Discovery in Aid of Service of Process re 12 Order on Motion for Extension of Time, by Plane Talk Travel, Inc.. Responses due by 10/4/2024.(Baumgarten, Maurice) |
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Att: 1
Exhibit A - Sept. 6 email from process server,
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Att: 2
Exhibit B - Sept. 10 email to counsel for Defendant Brown
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| Thursday, September 12, 2024 | ||
| 15 | 15
motion
Default Judgment
Thu 09/12 11:09 AM
Plaintiff's MOTION for Default Judgment against Defendant CFG by Plane Talk Travel, Inc..(Baumgarten, Maurice) |
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Att: 1
Exhibit A - Affidavit of Amounts Owed,
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Att: 2
Exhibit B - Verified Statement Regarding Interest, Fees etc.,
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Att: 3
Exhibit C - Proposed Order Granting Default Motion,
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Att: 4
Exhibit D - Proposed Default Judgment
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| Friday, August 30, 2024 | ||
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order
- Order (PAPERLESS or pdf attached)
Fri 08/30 9:36 AM
PAPERLESS ORDER modifying ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE13 . Due to a clerical error, the Court's previous Order included a deadline of August 13, 2024, for Plaintiff to file one of two described responses13 . That date is hereby corrected to September 13, 2024 . The remainder of the Court's previous Order13 remains in effect. Signed by Judge Aileen M. Cannon on 8/30/2024. (jco) |
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| Thursday, August 29, 2024 | ||
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order
- Order (PAPERLESS or pdf attached)
Thu 08/29 3:38 PM
ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE re8 Clerk's Entry/Non-Entry of Default Signed by Judge Aileen M. Cannon on 8/29/2024. See attached document for full details. (pc) |
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| Friday, August 02, 2024 | ||
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order
Order on Motion for Extension of Time
Fri 08/02 11:52 AM
PAPERLESS ORDER granting in part11 Plaintiff's Motion for Extension of Time to Serve Defendant Jordan Brown. On or before September 25, 2024 , Plaintiffs shall file proof of service on the docket as to Defendant Jordan Brown. Nothing in this order shall be construed as authorization for the taking of discovery. Signed by Judge Aileen M. Cannon on 8/2/2024. (cdz) |
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| Thursday, July 25, 2024 | ||
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motion
Extension of Time
Thu 07/25 11:47 AM
MOTION for Extension of Time to serve Defendant Jordan Brown re10 Order to Show Cause, by Plane Talk Travel, Inc.. Responses due by 8/8/2024. (Baumgarten, Maurice) |
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| Tuesday, July 23, 2024 | ||
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2
pgs
order
Order to Show Cause
Tue 07/23 3:35 PM
ORDER TO SERVE re6 Amended Complaint/Amended Notice of Removal, filed by Plane Talk Travel, Inc. It is hereby ORDERED AND ADJUDGED as follows: On or before August 7, 2024, Plaintiff shall perfect service upon Defendant Jordan Brown or show cause why the case should not be dismissed as to Defendant Jordan Brown. Show Cause Response due by 8/7/2024. Signed by Judge Aileen M. Cannon on 7/23/2024. See attached document for full details. (pc) |
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| Monday, June 24, 2024 | ||
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pgs
order
Order of Requirements
Mon 06/24 10:42 AM
ORDER REQUIRING COMBINED RESPONSES Signed by Judge Aileen M. Cannon on 6/24/2024. See attached document for full details. (pc) |
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| Friday, June 21, 2024 | ||
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order
Clerk's Entry/Non-Entry of Default - FORM
Fri 06/21 5:05 PM
Clerk's Entry of Default as to Jet Genius Florida Holdings, Inc. d/b/a Charter Flight Group - Motions Terminated:7 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 6/21/2024. (pc) |
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| 7 | 7
motion
Clerk's Entry of Default
Fri 06/21 11:09 AM
MOTION for Clerk's Entry of Default as to Jet Genius Florida Holdings, Inc. by Plane Talk Travel, Inc..(Baumgarten, Maurice) |
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Att: 1
Exhibit A - Return of Service
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| Wednesday, May 15, 2024 | ||
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cmp
Amended Complaint/Amended Notice of Removal
Wed 05/15 6:16 PM
First AMENDED COMPLAINT against Jordan Brown, Jet Genius Florida Holdings, Inc. filed in response to Order Granting Motion for Leave, filed by Plane Talk Travel, Inc..(Baumgarten, Maurice) |
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Att: 1
Exhibit A - Charter Flight Ageement
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| Monday, May 13, 2024 | ||
| 5 | 5
2
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order
Order Dismissing/Closing Case or Party ~Util - Set/Reset Deadlines
Mon 05/13 10:58 AM
ORDER DISMISSING SHOTGUN COMPLAINT AND PERMITTING REPLEADING (Without Prejudice) (Amended Complaint due by 5/27/2024.) Signed by Judge Aileen M. Cannon on 5/13/2024. See attached document for full details. (pc) |
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| Friday, May 10, 2024 | ||
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notice
Notice (Other)
Fri 05/10 9:34 AM
Plaintiff's NOTICE of Filing Civil Cover Sheet by Plane Talk Travel, Inc. (Baumgarten, Maurice) |
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| Thursday, May 09, 2024 | ||
| 3 | 3
order
Clerk's Notice of Docket Correction - ELECTRONIC CASE
Fri 05/10 8:20 AM
Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (pc) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Fri 05/10 8:18 AM
Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe 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. (pc) |
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| 1 | 1
cmp
Complaint
Thu 05/09 6:02 PM
COMPLAINT against Jordan Brown, Jet Genius Florida Holdings, Inc.. Filing fees $ 405.00 receipt number AFLSDC-17517803, filed by Plane Talk Travel, Inc..(Baumgarten, Maurice) |
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Att: 1
Exhibit A - Flight Charter Agreement
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