Boruff v. Platinum Luxury Auctions LLC
| Florida Southern District Court | |
| Judge: | David S Leibowitz |
| Referred: | Panayotta D Augustin-Birch |
| Case #: | 0:24-cv-62321 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Declaratory Judgment |
| Case Filed: | Dec 09, 2024 |
| Case in other court: | South Carolina, 6:24-cv-02570 |
| Last checked: Thursday Jan 23, 2025 4:58 AM EST |
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Counter Claimant
PLATINUM LUXURY AUCTIONS LLC
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Represented By
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Counter Defendant
Chase Boruff
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Represented By
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Defendant
PLATINUM LUXURY AUCTIONS LLC
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Represented By
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Mediator
Aaron Horowitz
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Plaintiff
Chase Boruff
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Represented By
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GPO
Apr 22 2025
ORDER. Defendant Platinum Luxury Auctions LLC shall file a response to the Motion [ECF No. 43] no later than April 25, 2025, or show cause in writing why the Motion [ECF No. 43] should not be granted by default. Failure to respond by the above deadline may result in the Motion [ECF No. 43] being granted by default without further notice. Signed by Judge David S. Leibowitz See attached document for full details. (lsk) |
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GPO
Apr 29 2025
ORDER granting 43 Motion to Strike. Signed by Judge David S. Leibowitz See attached document for full details. (lsk) |
| Docket last updated: 53 minutes ago |
| Friday, May 02, 2025 | ||
| 49 | 49
1
pgs
order
Order on Motion to Amend/Correct Order on Motion for Leave to File
Fri 05/02 3:57 PM
ORDER granting47 Motion to Amend/Correct. Defendant has already filed its Amended Answer and Affirmative Defenses and Counterclaim [ECF No. 48] and need not refile it. Signed by Judge David S. Leibowitz See attached document for full details. (lsk) |
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| Thursday, May 01, 2025 | ||
| 48 | 48
answer
Answer to Amended Complaint Counterclaim
Thu 05/01 5:44 PM
ANSWER and Affirmative Defenses to Amended Complaint , COUNTERCLAIM against Chase Boruff by Platinum Luxury Auctions LLC.(Zeichman, Thomas) |
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Att: 1
Exhibit Exhibits A - C
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| 47 | 47
motion
Amend/Correct Leave to File Document
Thu 05/01 5:33 PM
Agreed MOTION to Amend/Correct ( Responses due by 5/15/2025.), MOTION for Leave to File AMENDED ANSWER AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM by Platinum Luxury Auctions LLC.(Zeichman, Thomas) |
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Att: 1
Exhibit Amended Answer and Counterclaim,
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Att: 2
Exhibit Proposed order
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| Tuesday, April 29, 2025 | ||
| 46 | 46
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pgs
order
Order on Motion to Strike
Tue 04/29 10:20 AM
ORDER granting43 Motion to Strike. Signed by Judge David S. Leibowitz See attached document for full details. (lsk) |
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| Tuesday, April 22, 2025 | ||
| 45 | 45
order
- Order (PAPERLESS or pdf attached)
Tue 04/22 3:40 PM
ORDER. Defendant Platinum Luxury Auctions LLC shall file a response to the Motion [ECF No. 43] no later than April 25, 2025, or show cause in writing why the Motion [ECF No. 43] should not be granted by default. Failure to respond by the above deadline may result in the Motion [ECF No. 43] being granted by default without further notice. Signed by Judge David S. Leibowitz See attached document for full details. (lsk) |
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| Thursday, April 03, 2025 | ||
| 44 | 44
answer
Answer to Counterclaim
Thu 04/03 7:31 AM
ANSWER to Counterclaim by Chase Boruff. (Barnhart, Valerie) |
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| Wednesday, April 02, 2025 | ||
| 43 | 43
motion
Strike
Wed 04/02 11:24 PM
MOTION to Strike42 Answer to Amended Complaint, Counterclaim by Chase Boruff. Responses due by 4/16/2025. (Barnhart, Valerie) |
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| Friday, March 14, 2025 | ||
| 42 | 42
answer
Answer to Amended Complaint Counterclaim
Fri 03/14 12:48 PM
DEFENDANT/COUNTER-PLAINTIFF'S ANSWER and Affirmative Defenses to Amended Complaint , COUNTERCLAIM against Chase Boruff by Platinum Luxury Auctions LLC. (Zeichman, Thomas) |
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| Thursday, March 06, 2025 | ||
| 41 | 41
cmp
Amended Complaint/Amended Notice of Removal
Thu 03/06 7:49 AM
First AMENDED COMPLAINT against PLATINUM LUXURY AUCTIONS LLC filed in response to Order Granting Motion for Leave, filed by Chase Boruff.(Barnhart, Valerie) |
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Att: 1
Exhibit Independent Contractor Agreement
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| Friday, February 28, 2025 | ||
| 40 | 40
1
pgs
order
Order on Motion to Amend/Correct
Mon 03/03 11:05 AM
ORDER granting39 Motion to Amend/Correct. Plaintiff may file an amended complaint no later than March 14, 2025. Amended Complaint due by 3/14/2025. Signed by Judge David S. Leibowitz on 2/28/2025. See attached document for full details. (nan) |
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| 39 | 39
motion
Amend/Correct
Fri 02/28 10:39 AM
Unopposed MOTION to Amend/Correct Complaint by Chase Boruff. Responses due by 3/14/2025.(Barnhart, Valerie) |
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Att: 1
Exhibit Proposed Amended Complaint,
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Att: 2
Text of Proposed Order Proposed Order Granting Motion
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| Thursday, January 23, 2025 | ||
| 38 | 38
notice
Notice of Entry of Parties Listed into CM/ECF
Thu 01/23 9:29 PM
Notice of Entry of Parties Listed on 36 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Aaron Jay Horowitz. (Barnhart, Valerie) |
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| Tuesday, January 21, 2025 | ||
| 37 | 37
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pgs
order
Order Scheduling Mediation
Wed 01/22 10:50 AM
ORDER Scheduling Mediation before Mediator Aaron Horowitz. Mediation Hearing set for 5/29/2025 10:00 AM Signed by Judge David S. Leibowitz on 1/21/2025. See attached document for full details. (nan) |
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| Monday, January 20, 2025 | ||
| 36 | 36
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Tue 01/21 11:49 AM
Clerk's Notice to Filer re35 Notice (Other),. Parties/Mediator Not Added ; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. Wrong Event Selected ; ERROR - The Filer selected the wrong event. (ebz) |
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| 35 | 35
notice
Notice (Other)
Mon 01/20 5:59 PM
Plaintiff's NOTICE of Selection of Mediator by Chase Boruff re33 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, (Barnhart, Valerie) |
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Att: 1
Text of Proposed Order Proposed Order Scheduling Mediation
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| Friday, January 03, 2025 | ||
| 34 | 34
order
- Order (PAPERLESS or pdf attached)
Mon 01/06 9:30 AM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 1/3/2025. See attached document for full details. (nan) |
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| Tuesday, December 31, 2024 | ||
| 33 | 33
order
Scheduling Order Order Referring Case to Mediation Order Referring Case to Magistrate Judge
Thu 01/02 4:13 PM
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. (Jury Trial set for 2/23/2026 in Fort Lauderdale Division before Judge David S. Leibowitz., Calendar Call set for 2/9/2026 02:00 PM in Fort Lauderdale Division before Judge David S. Leibowitz.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Panayotta D. Augustin-Birch for Discovery Matters. Signed by Judge David S. Leibowitz on 12/31/2024. See attached document for full details. (nan) |
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| Monday, December 30, 2024 | ||
| 32 | 32
misc
Scheduling Report - Rule 26(f)/16.1
Mon 12/30 3:44 PM
Joint SCHEDULING REPORT - Rule 26(f) by PLATINUM LUXURY AUCTIONS LLC (Zeichman, Thomas) |
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| Tuesday, December 17, 2024 | ||
| 31 | 31
answer
Answer to Complaint
Tue 12/17 6:54 PM
Counterclaim ANSWER and Affirmative Defenses to Complaint with Jury Demand by Chase Boruff. (Barnhart, Valerie) |
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| Monday, December 16, 2024 | ||
| 30 | 30
notice
Notice of Attorney Appearance
Mon 12/16 1:58 PM
NOTICE of Attorney Appearance by Thomas G Zeichman on behalf of PLATINUM LUXURY AUCTIONS LLC. Attorney Thomas G Zeichman added to party PLATINUM LUXURY AUCTIONS LLC(pty:cc), Attorney Thomas G Zeichman added to party PLATINUM LUXURY AUCTIONS LLC(pty:dft). (Zeichman, Thomas) |
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| 29 | 29
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Mon 12/16 1:24 PM
Plaintiff's Certificate of Other Affiliates by Chase Boruff (Barnhart, Valerie) |
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| 28 | 28
notice
Notice of Attorney Appearance
Mon 12/16 1:22 PM
NOTICE of Attorney Appearance by Valerie Barton Barnhart on behalf of Chase Boruff. Attorney Valerie Barton Barnhart added to party Chase Boruff(pty:pla), Attorney Valerie Barton Barnhart added to party Chase Boruff(pty:cd). (Barnhart, Valerie) |
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| Tuesday, December 10, 2024 | ||
| 27 | 27
notice
Clerk's Notice - Attorney Admissions
Tue 12/10 10:48 AM
CLERK'S NOTICE - Attorney Zachary Lee Weaver has not been added to this case re23 Case Transferred In - District Transfer due to his/her membership status in this Courts Bar[LINK:https://www.flsd.uscourts.gov/flsd-bar-admission-status-and-admission-date-look] . (pt) |
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| 26 | 26
misc
Bar Letter
Tue 12/10 10:47 AM
Bar Letter re: Admissions sent to attorney W. Andrew Arnold, mailing date December 10, 2024, (pt) |
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| 25 | 25
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pgs
order
Order Requiring Joint Scheduling Report
Tue 12/10 10:25 AM
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report and Certificates of Interested Parties due by 12/30/2024. Signed by Judge David S. Leibowitz on 12/10/2024. See attached document for full details. (kpe) |
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| Monday, December 09, 2024 | ||
| 24 | 24
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 12/09 8:35 AM
Clerks Notice of Judge Assignment to Judge David S. Leibowitz. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
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| 23 | 23
transfer
Case Transferred In - District Transfer - CV - NO FEE
Mon 12/09 8:25 AM
Case transferred in from South Carolina; Case Number 6:24-cv-02570. Electronic file including transfer order and docket sheet received. .(bb) |
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| Friday, December 06, 2024 | ||
| 21 | 21
ORDER granting 6 Motion to Transfer Case to the United States District Court for the Southern District of Florida. Signed by Chief Judge Timothy M Cain on 12/06/24. (alma, )
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| Tuesday, December 03, 2024 | ||
| 20 | 20 TEXT ORDER. Before the court is Plaintiff's motion to dismiss for lack of subject matter jurisdiction (ECF No. 15 ) as well as Defendant's response in opposition to the motion (ECF No. 17 ). Plaintiff contends that this court lacks jurisdiction because Defendant failed to meet the requirements for removal and incorporates the same arguments set forth in Plaintiff's motion to remand (ECF No. 11 ) which the court denied (ECF No. 19 ). As Plaintiff raises the same arguments set forth in the original motion to remand, the court declines to grind the same corn twice. Thus, for the reasons set forth in the court's order (ECF No. 19 ) denying the motion to remand, the court hereby DENIES Plaintiff's motion to dismiss (ECF No. 15 ). IT IS SO ORDERED. Entered at the direction of the Honorable Chief Judge Timothy M Cain on 12/3/24.(kmca) | |
| 19 | 19
ORDER denying Plaintiff's 11 Motion to Remand to State Court. Signed by Chief Judge Timothy M Cain on 12/3/24.(kmca)
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| Monday, June 03, 2024 | ||
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RESPONSE in Opposition re15 First MOTION to Dismiss for Lack of Jurisdiction. Response filed by Platinum Luxury Auctions LLC.Reply to Response to Motion due by 6/10/2024.(kmca) Re-filed by clerk to correct event. (kmca)
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| Tuesday, May 28, 2024 | ||
| 16 | 16
RESPONSE in Opposition re11 First MOTION to Remand to State Court Defendant's Response to Plaintiff's Motion to Remand Response filed by Platinum Luxury Auctions LLC.Reply to Response to Motion due by 6/4/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Weaver, Zachary)
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| Thursday, May 23, 2024 | ||
| 15 | 15
First MOTION to Dismiss for Lack of Jurisdiction by Chase Boruff. Response to Motion due by 6/6/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Arnold, W)
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| Monday, May 20, 2024 | ||
| 13 | 13
REPLY to Response to Motion re6 MOTION to Transfer Case Venue Pursuant to Mandatory Forum Selection Clause Reply in Support of Motion fo Transfer Venue Response filed by Platinum Luxury Auctions LLC.(Weaver, Zachary)
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Att: 1
Exhibit Leagans v. LeMaitre Vascular
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| Monday, May 13, 2024 | ||
| 12 | 12
RESPONSE in Opposition re6 MOTION to Transfer Case Venue Pursuant to Mandatory Forum Selection Clause Response filed by Chase Boruff.Reply to Response to Motion due by 5/20/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Arnold, W). Modified on 5/13/2024: to split out exhibits as provided by filing user (kmca).
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Att: 1
Exhibit Affidaivt of C. Boruff,
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Att: 2
Exhibit A-PLA IC Agrmnt C Boruff,
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Att: 3
Exhibit B-Boruff Resignation Letter Feb 12
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Att: 4
(5/13/2024) Exhibit C-Feb 29 Email From Trayor,
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Att: 5
(5/13/2024) Exhibit D-Trayor Text to Chase,
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Att: 6
(5/13/2024) Exhibit E-Brett Text,
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Att: 7
(5/13/2024) Exhibit Houston Cas Co v Thomas Linderman,
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Att: 8
(5/13/2024) Exhibit Kentwool Co v NetSuite
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| 11 | 11
First MOTION to Remand to State Court by Chase Boruff. Response to Motion due by 5/28/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(Arnold, W) (Attachment 1 replaced on 5/13/2024: to replace with corrected document (split out exhibits) as provided by filing user).. Modified on 5/13/2024: to split out exhibits as provided by filing user (kmca).
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Att: 1
Memo in Supp of Mot to Remand
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Att: 2
(5/13/2024) Affidavit of C. Boruff,
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Att: 3
(5/13/2024) Exhibit A-PLA IC Agrmnt C Boruff,
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Att: 4
(5/13/2024) Exhibit B-Boruff Resignation Letter Feb 12,
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Att: 5
(5/13/2024) Exhibit C-Feb 29 Email From Trayor,
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Att: 6
(5/13/2024) Exhibit D-Trayor Text to Chase,
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Att: 7
(5/13/2024) Exhibit E-Brett Text,
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Att: 8
(5/13/2024) Exhibit Capstone Elder Planning Group_ Inc. v. Midland Nat_l Life Ins. Co._ 2009 U.S. Dist. LEXIS 17,
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Att: 9
(5/13/2024) Exhibit Deehan v. UNUM Grp._ 2022 U.S. Dist. LEXIS 137021,
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Att: 10
(5/13/2024) Exhibit ECL Grp._ LLC v. Mass_ 2018 U.S. Dist. LEXIS 26287,
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Att: 11
(5/13/2024) Exhibit Indus. SiloSource v. Maplehurst Bakeries_ Inc._ 2008 U.S. Dist. LEXIS 69683,
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Att: 12
(5/13/2024) Exhibit InVas Med. Devices_ LLC v. Zimmer Biomet CMF _ Thoracic_ LLC_ 2022 U.S. Dist. LEXIS 175775,
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Att: 13
(5/13/2024) Exhibit Matt v. Fifth Third Bank_ Inc._ 2018 U.S. Dist. LEXIS 135899,
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Att: 14
(5/13/2024) Exhibit Motorsports of Conyers_ LLC v. Burbach_ 2023 Ga. LEXIS 187 70 ,
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Att: 15
(5/13/2024) Exhibit Shen v. Capital One Bank _USA__ 2020 U.S. Dist. LEXIS 3471
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| Friday, May 10, 2024 | ||
| 10 | 10
Local Rule 26.01 Answers to Interrogatories by Chase Boruff.(Arnold, W)
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| Friday, May 03, 2024 | ||
| 8 | 8
Defendant's ANSWER to Complaint and , COUNTERCLAIM Against Plaintiff Chase Boruff by Platinum Luxury Auctions LLC.(Weaver, Zachary) Modified on 5/3/2024: to add text (kmca).
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Att: 1
Exhibit ICA (Independent Contractor Agreement),
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Att: 2
Exhibit Email dated 2-12-24,
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Att: 3
Exhibit Screenshot
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| Friday, April 26, 2024 | ||
| 6 | 6
MOTION to Transfer Case Venue Pursuant to Mandatory Forum Selection Clause by Platinum Luxury Auctions LLC. Response to Motion due by 5/13/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(Weaver, Zachary)
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Att: 1
Exhibit ICA,
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Att: 2
Exhibit Affidavit
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| 5 | 5 CLERK'S NOTICE: Plaintiff's Local Rule 26.01 Interrogatories (including section H) are due fourteen (14) days after removal. (jens) | |
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Local Rule 26.01 Answers to Interrogatories by Platinum Luxury Auctions LLC.(jens)
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| 1 | 1
NOTICE OF REMOVAL from Greenville County Court of Common Pleas, case number 2024-CP 23-01913 (Filing fee $ 405 receipt number ASCDC-11731306), filed by Platinum Luxury Auctions LLC.(jens)
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Att: 1
Exhibit A- State Court Documents,
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Att: 2
Exhibit B- Affidavit in Support
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