Starmark Financial, LLC v. Luther Appliance & Furniture Sales Acquisition LLC
| Florida Southern District Court | |
| Judge: | William P Dimitrouleas |
| Referred: | Patrick M Hunt |
| Case #: | 0:24-cv-62357 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Dec 16, 2024 |
| Terminated: | Feb 04, 2025 |
| Last checked: Thursday Jan 30, 2025 5:06 AM EST |
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Defendant
Luther Appliance & Furniture Sales Acquisition LLC
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Represented By
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Plaintiff
Starmark Financial, LLC
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Represented By
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GPO
Dec 18 2024
REPORT AND RECOMMENDATIONS re 4 Plaintiff's Expedited Motion for Temporary Restraining Order Recommending the Motion be GRANTED IN PART. Objections to R&R due by 12/20/2024. Signed by Magistrate Judge Patrick M. Hunt on 12/18/2024. See attached document for full details. (hhr) |
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GPO
Dec 20 2024
ORDER ADOPTING REPORT AND RECOMMENDATIONS and Entering Temporary Restraining Order: adopting Report and Recommendations re 10 Report and Recommendations on 4 Motion for Temporary Restraining Order filed by Starmark Financial, LLC; granting 4 Motion for Temporary Restraining Order. Signed by Judge William P. Dimitrouleas on 12/20/2024. See attached document for full details. (ls) |
| Docket last updated: 5 hours ago |
| Monday, May 05, 2025 | ||
| 41 | 41
misc
Status Report
Mon 05/05 6:25 PM
STATUS REPORT by Luther Appliance & Furniture Sales Acquisition LLC (Economides, Constantine) |
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| Tuesday, February 04, 2025 | ||
| 40 | 40
order
- Order (PAPERLESS or pdf attached) Administrative Order ~Util - Set/Reset Deadlines ~Util - Case Stayed
Tue 02/04 11:16 AM
ORDER on39 Suggestion of Bankruptcy; Staying Case; (Status Report due by 5/5/2025.) Administratively Closing Case. Signed by Judge William P. Dimitrouleas on 2/4/2025. See attached document for full details. (ls) |
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| Friday, January 31, 2025 | ||
| 39 | 39
misc
Suggestion of Bankruptcy
Fri 01/31 4:30 PM
SUGGESTION OF BANKRUPTCY as to Luther Appliance & Furniture Sales Acquisition LLC and Notice of Automatic Stay by Luther Appliance & Furniture Sales Acquisition LLC (Economides, Constantine) |
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| Thursday, January 30, 2025 | ||
| 38 | 38
minutes
Discovery Hearing
Thu 01/30 3:00 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Patrick M. Hunt: Hearing on12 Defendant's Motion to Dismiss for Lack of Jurisdiction;25 Plaintiff's Motion for Jurisdictional Discovery held on 1/30/2025. Total time in court: 0 hour(s) : 25 minutes. Attorney Appearance(s): Alexander K. Beg, Constantine Philip Economides, Thomas U. Graner, Eric R. Kemper. (Digital Recorded via Zoom 1/30/25) (hhr) |
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| 37 | 37
order
Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion for Release of Funds Order on Motion for Discovery
Thu 01/30 2:45 PM
Paperless order deferring ruling on12 Defendant's Motion to Dismiss for Lack of Jurisdiction;25 Plaintiff's Motion for Jurisdictional Discovery. The Parties have agreed to, within seven (7) days from the date of this order, exchange information that may render the motions moot. The Parties shall, on or before Friday, February 7, 2025, notify chambers as to whether the above motions have been resolved. Signed by Magistrate Judge Patrick M. Hunt on 1/30/2025. (hhr) |
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| Monday, January 27, 2025 | ||
| 36 | 36
order
Order Setting Hearing on Motion
Mon 01/27 4:27 PM
PAPERLESS ORDER Setting Hearing on12 Defendant's Motion to Dismiss;25 Plaintiff's Motion for Jurisdictional Discovery. Motion Hearing set for 1/30/2025 at 2 p.m. in the Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. The hearing shall take place via Zoom, https://www.zoomgov.com. The Meeting ID is 160 0169 1761 and the Passcode is 334775. The Parties should contact Chambers immediately, at (954) 769-5470, if they experience any difficulties accessing the conference. Signed by Magistrate Judge Patrick M. Hunt on 1/27/2025. (hhr) |
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| Thursday, January 23, 2025 | ||
| 35 | 35
respm
Reply in Support of Motion
Thu 01/23 11:21 AM
Plaintiff's REPLY in Support of Motion re25 MOTION for Discovery . filed by Starmark Financial, LLC.(Graner, Thomas) |
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Att: 1
Exhibit
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| Friday, January 17, 2025 | ||
| 34 | 34
notice
Notice of Unavailability
Fri 01/17 3:42 PM
NOTICE OF UNAVAILABILITY by Starmark Financial, LLC for dates of 5/12/2025-5/30/2025 (Graner, Thomas) |
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| 33 | 33
order
- Order (PAPERLESS or pdf attached)
Fri 01/17 10:30 AM
NOTICE to the Parties. Signed by Judge William P. Dimitrouleas on 1/17/2024. See attached document for full details. (ls) |
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| Thursday, January 16, 2025 | ||
| 32 | 32
respm
Response in Opposition to Motion
Thu 01/16 11:36 PM
RESPONSE in Opposition re25 MOTION for Discovery filed by Luther Appliance & Furniture Sales Acquisition LLC. Replies due by 1/23/2025. (Economides, Constantine) |
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| 31 | 31
respoth
Response to Objection to Report and Recommendations
Thu 01/16 11:34 PM
RESPONSE TO OBJECTION to26 Report and Recommendations by Luther Appliance & Furniture Sales Acquisition LLC. (Economides, Constantine) |
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| Tuesday, January 14, 2025 | ||
| 30 | 30
misc
Transcript
Wed 01/15 4:01 PM
TRANSCRIPT of Evidentiary Motion Hearing held on 01/02/2025 before Magistrate Judge Patrick M. Hunt, 1-94 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875 / caselawreporting@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2025. Redacted Transcript Deadline set for 2/14/2025. Release of Transcript Restriction set for 4/14/2025. (jgo) |
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| 29 | 29
notice
Notice (Other)
Tue 01/14 9:53 AM
NOTICE of Filing Amended Hearing Transcript by Starmark Financial, LLC (Graner, Thomas) |
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Att: 1
Exhibit Amended Transcript
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| Monday, January 13, 2025 | ||
| 28 | 28
respoth
Objections to Report and Recommendations
Mon 01/13 4:42 PM
OBJECTIONS to26 Report and Recommendations on Plaintiff's Motion for a Preliminary Injunction and Appointment of Special Master by Starmark Financial, LLC.(Graner, Thomas) |
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Att: 1
Exhibit 1 - Emails,
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Att: 2
Exhibit 2 - Transcript
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| Thursday, January 09, 2025 | ||
| 27 | 27
minutes
MOTION Hearing or Evidentiary Motion Hearing
Thu 01/09 4:09 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Patrick M. Hunt: Evidentiary Motion Hearing held on 1/2/2025 re4 Plaintiff's Motion for Preliminary Injunction,12 Defendant's Motion to Dismiss for Lack of Jurisdiction. Witness Kenneth Annarelli testified. Total time in court: 2 hours : 30 minutes. Attorney Appearance(s): Constantine Philip Economides, Thomas U. Graner, Eric R. Kemper, Alexander K. Beg. (Digital 14:02:34) (hhr) |
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| Monday, January 06, 2025 | ||
| 26 | 26
motion
Report and Recommendations
Mon 01/06 4:40 PM
REPORT AND RECOMMENDATIONS re4 Motion for Preliminary Injunction and Appointment of Special Master Recommending the Motion be DENIED. Objections to R&R due by 1/13/2025. Signed by Magistrate Judge Patrick M. Hunt on 1/6/2025. See attached document for full details. (hhr) |
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| Thursday, January 02, 2025 | ||
| 25 | 25
motion
Discovery
Thu 01/02 1:17 PM
MOTION for Discovery by Starmark Financial, LLC. Responses due by 1/16/2025.(Graner, Thomas) |
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Att: 1
Text of Proposed Order
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| 24 | 24
order
Order on Motion to Bring Electronic Equipment
Thu 01/02 12:27 PM
PAPERLESS ORDER granting23 Motion to Bring Electronic Equipment into the courtroom. Signed by Magistrate Judge Patrick M. Hunt on 1/2/2025. (mhr) |
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| 23 | 23
motion
Bring Electronic Equipment
Thu 01/02 12:20 PM
MOTION to Bring Electronic Equipment into the courtroom by Luther Appliance & Furniture Sales Acquisition LLC. Responses due by 1/16/2025.(Economides, Constantine) |
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Att: 1
Exhibit Proposed Order
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| 22 | 22
respm
Reply in Support of Motion
Thu 01/02 10:17 AM
REPLY to Response to Motion re12 Defendant's MOTION to Dismiss for Lack of Jurisdiction Expedited Motion Defendant's MOTION for Release of Funds in the Alternative filed by Luther Appliance & Furniture Sales Acquisition LLC. (Economides, Constantine) |
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| Tuesday, December 31, 2024 | ||
| 21 | 21
trial
Witness List
Tue 12/31 5:55 PM
Witness List by Luther Appliance & Furniture Sales Acquisition LLC.. (Economides, Constantine) |
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| 20 | 20
trial
Witness List
Tue 12/31 2:32 PM
Witness List for Preliminary Injunction and Motion to Dismiss Hearing by Starmark Financial, LLC.. (Beg, Alexander) |
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| Monday, December 30, 2024 | ||
| 19 | 19
respm
Reply to Response to Motion
Mon 12/30 5:13 PM
REPLY to Response to Motion re4 EXPEDITED Motion for Temporary Restraining Order MOTION for Preliminary Injunction filed by Starmark Financial, LLC. (Graner, Thomas) |
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| Friday, December 27, 2024 | ||
| 18 | 18
respm
Response in Opposition to Motion
Fri 12/27 10:56 PM
RESPONSE in Opposition re4 EXPEDITED Motion for Temporary Restraining Order MOTION for Preliminary Injunction filed by Luther Appliance & Furniture Sales Acquisition LLC. Replies due by 1/3/2025.(Economides, Constantine) |
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Att: 1
Declaration of Chirag S. Chaman,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Comp. Exhibit G,
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Att: 9
Exhibit H
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| 17 | 17
respm
Response to Motion
Fri 12/27 3:38 PM
RESPONSE to Motion re12 Defendant's MOTION to Dismiss for Lack of Jurisdiction Expedited Motion Defendant's MOTION for Release of Funds in the Alternative filed by Starmark Financial, LLC. Replies due by 1/3/2025.(Beg, Alexander) |
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Att: 1
Exhibit Email to Process Server,
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Att: 2
Exhibit Prosperitas Corporate Filing,
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Att: 3
Exhibit NC Employees Email
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| Thursday, December 26, 2024 | ||
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Thu 12/26 6:55 AM
Set Deadlines as to12 Defendant's MOTION to Dismiss for Lack of Jurisdiction Expedited Motion Defendant's MOTION for Release of Funds in the Alternative . Responses due by 12/30/2024. (cqs) |
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| Monday, December 23, 2024 | ||
| 16 | 16
order
Order Setting Hearing on Motion
Mon 12/23 3:28 PM
PAPERLESS ORDER Setting Hearing on12 Defendant's Motion to Dismiss for Lack of Jurisdiction. Motion Hearing set for 1/2/2025 at 2 p.m. in the Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt.The Court notes that when a case is founded upon diversity jurisdiction, 28 U.S.C. § 1332, and one or more of the parties is a limited liability company, the citizenship of every member of the limited liability company must be alleged. See Mallory & Evans Contractors & Eng'rs, LLC v. Tuskegee Univ., 663 F.3d 1304 (11th Cir. 2011). If a member of an LLC is itself an LLC, then Plaintiff must likewise allege the membership of the member LLC. Plaintiff shall respond to Defendant's Motion on or before December 30, 2024. Any reply shall be filed on or before noon on January 2, 2025. This Motion shall be heard alongside Plaintiff's4 Preliminary Injunction Motion. The Parties are hereby notified that the Court will consider extending the TRO and briefing schedule and/or continuing the January 2 by agreement of all Parties. Signed by Magistrate Judge Patrick M. Hunt on 12/23/2024. (hhr) |
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| 15 | 15
order
Order Referring Motion
Mon 12/23 12:43 PM
PAPERLESS ORDER REFERRING12 Defendant's MOTION to Dismiss for Lack of Jurisdiction Expedited Motion Defendant's MOTION for Release of Funds in the Alternative filed by Luther Appliance & Furniture Sales Acquisition LLC. Motions referred to Judge Patrick M. Hunt. Signed by Judge William P. Dimitrouleas on 12/23/2024. (rbu) |
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| 14 | 14
misc
Affidavit
Mon 12/23 10:58 AM
AFFIDAVIT OF SERVICE signed by: William Bailey, process server re10 REPORT AND RECOMMENDATIONS re4 EXPEDITED Motion for Temporary Restraining Order MOTION for Preliminary Injunction filed by Starmark Financial, LLC Recommending the Mootion be GRANTED IN PART.. by Starmark Financial, LLC (Graner, Thomas) |
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| 13 | 13
service
Summons (Affidavit) Returned Executed
Mon 12/23 10:52 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Starmark Financial, LLC. Luther Appliance & Furniture Sales Acquisition LLC served on 12/19/2024, response/answer due 1/9/2025. (Graner, Thomas) |
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| Friday, December 20, 2024 | ||
| 12 | 12
motion
Dismiss/Lack of Jurisdiction Release of Funds
Fri 12/20 9:29 PM
Defendant's MOTION to Dismiss for Lack of Jurisdiction Expedited Motion ( Responses due by 1/3/2025.), Defendant's MOTION for Release of Funds in the Alternative by Luther Appliance & Furniture Sales Acquisition LLC. Attorney Constantine Philip Economides added to party Luther Appliance & Furniture Sales Acquisition LLC(pty:dft). (Economides, Constantine) |
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| 11 | 11
3
pgs
order
Order Adopting Report and Recommendations Order on Motion for Temporary Restraining Order Order on Report and Recommendations
Fri 12/20 11:30 AM
ORDER ADOPTING REPORT AND RECOMMENDATIONS and Entering Temporary Restraining Order: adopting Report and Recommendations re10 Report and Recommendations on4 Motion for Temporary Restraining Order filed by Starmark Financial, LLC; granting4 Motion for Temporary Restraining Order. Signed by Judge William P. Dimitrouleas on 12/20/2024. See attached document for full details. (ls) |
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Fri 12/20 11:32 AM
Set Deadlines/Hearings as to4 MOTION for Preliminary Injunction. Responses due by 12/27/2024. Replies due by 12/30/2024. Motion Hearing set for 1/2/2025 02:00 PM in Fort Lauderdale Division before Judge William P. Dimitrouleas. (ls)(per DE #11) |
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Fri 12/20 2:46 PM
Set/Reset Deadlines/Hearings as to4 EXPEDITED Motion for Temporary Restraining Order MOTION for Preliminary Injunction. Motion Hearing set for 1/2/2025 02:00 PM in Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. per DE11 (cbr) |
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| Wednesday, December 18, 2024 | ||
| 10 | 10
motion
Report and Recommendations
Wed 12/18 4:39 PM
REPORT AND RECOMMENDATIONS re4 Plaintiff's Expedited Motion for Temporary Restraining Order Recommending the Motion be GRANTED IN PART. Objections to R&R due by 12/20/2024. Signed by Magistrate Judge Patrick M. Hunt on 12/18/2024. See attached document for full details. (hhr) |
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| 9 | 9
minutes
Evidentiary Hearing
Wed 12/18 4:33 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Patrick M. Hunt: Evidentiary Hearing on4 Plaintiff's Expedited Motion for Temporary Restraining Order held on 12/18/2024. Witness Kenneth Annarelli testified. Total time in court: 0 hour(s) : 25 minutes. Attorney Appearance(s): Thomas U. Graner, Eric R. Kemper. (Digital 10:03:49-10:28:54) (hhr) |
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| 8 | 8
notice
Clerk's Notice - Attorney Admissions
Wed 12/18 3:41 PM
CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorneys PACER account for attorney Alexander K. Beg re7 Notice of Change of Address, Email or Law Firm Name (nwn) |
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| 7 | 7
notice
Notice of CHANGE OF ADDRESS, Email or Law Firm Name
Wed 12/18 12:58 PM
NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Alexander K. Beg (Beg, Alexander) |
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| Tuesday, December 17, 2024 | ||
| 6 | 6
order
Order Setting Hearing on Motion
Tue 12/17 3:07 PM
PAPERLESS ORDER Setting Hearing on4 EXPEDITED Motion for Temporary Restraining Order. Motion Hearing set for 12/18/2024 at 10 a.m. in the Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. Signed by Magistrate Judge Patrick M. Hunt on 12/17/2024. (hhr) |
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| Monday, December 16, 2024 | ||
| 5 | 5
2
pgs
order
Order Referring Motion
Tue 12/17 8:22 AM
ORDER REFERRING4 EXPEDITED Motion for Temporary Restraining Order MOTION for Preliminary Injunction filed by Starmark Financial, LLC for a Report and Recommendation. Motions referred to Judge Patrick M. Hunt. Signed by Judge William P. Dimitrouleas on 12/16/2024. See attached document for full details. (ls) |
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| 4 | 4
motion
Expedited Motion
Mon 12/16 3:08 PM
EXPEDITED MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Starmark Financial, LLC.(Graner, Thomas) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Text of Proposed Order Exhibit 3
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| 3 | 3
service
Summons Issued
Mon 12/16 2:45 PM
Summons Issued as to Luther Appliance & Furniture Sales Acquisition LLC. (amb) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 12/16 2:42 PM
Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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. (amb) |
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| 1 | 1
9
pgs
cmp
Complaint
Mon 12/16 2:28 PM
COMPLAINT against Luther Appliance & Furniture Sales Acquisition LLC. Filing fees $ 405.00 receipt number AFLSDC-18055320, filed by Starmark Financial, LLC.(Graner, Thomas) |
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Att: 1
Exhibit 1-4,
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Att: 2
Civil Cover Sheet,
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Att: 3
Summon(s)
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