Caps Funding, LLC v. GSM Contracting, LLC et al

Florida Middle District Court
Judge:	Paul G Byron
Referred:	Embry J Kidd
Case #:	6:24-cv-02370
Nature of Suit	190 Contract - Other Contract
Cause	28:1332 Diversity-Breach of Contract

Case Filed:

Dec 30, 2024

Docket
Parties (4)

Last checked: Friday Feb 14, 2025 6:29 AM EST

Defendant Draftpros, LLC
Defendant GSM Contracting, LLC
Defendant Sergio Martinez, Jr.
Plaintiff Caps Funding, LLC	Represented By Brian W. Bennett Bennett Legal Group, P.A. contact info Brett A. Marlowe Bennett Legal Group, Inc. contact info

Docket last updated: 33 minutes ago

Friday, May 02, 2025
44		44 notice Notice (Other) Fri 05/02 10:51 AM NOTICE by Caps Funding, LLC Serving Proposal for Settlement to Defendant, Draftpros, LLC (Marlowe, Brett) Related: [-]
Friday, April 25, 2025
43		43 1 pgs order Order Fri 04/25 10:28 AM ORDER. This cause is before the Court on the Case Management Report filed by the parties (Doc. 41). The report indicates that the parties have not yet agreed on a mediator. Therefore, the parties are directed to confer and advise the Court on the selection of a mediator and the mediation date within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 4/25/2025. (KM) Related: [-]
42		42 order Case Management Scheduling Order Fri 04/25 10:27 AM CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 6/23/2025. Joinder of Parties due by 6/23/2025. Discovery due by 2/2/2026. Dispositive motions due by 3/2/2026. Pretrial statement due by 6/15/2026. All other motions due by 6/22/2026. Plaintiff disclosure of expert report due by 12/1/2025. Defendant disclosure of expert report due by 1/5/2026. Final Pretrial Conference set for 7/21/2026 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron. Jury Trial set for the trial term commencing on 8/3/2026 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 2/17/2026. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 4/25/2025. (KM) Related: [-]
Wednesday, April 23, 2025
41		41 misc Case Management Report Wed 04/23 4:59 PM CASE MANAGEMENT REPORT. (Marlowe, Brett) Related: [-]
Monday, April 21, 2025
40		40 service Summons issued Mon 04/21 9:05 AM SUMMONS issued as to Charles Gee. (LSS) Related: [-]
Thursday, April 17, 2025
39		39 service Proposed summons Thu 04/17 7:09 PM PROPOSED summons to be issued by GSM Contracting, LLC. (Geitner, Charles) Related: [-]
38		38 answer Answer to Counterclaim Thu 04/17 3:47 PM REPLY to 19 Counterclaim by Caps Funding, LLC. Related document: 19 Answer to amended complaint Crossclaim Counterclaimfiled by Sergio Martinez, Jr.GSM Contracting, LLC.(Marlowe, Brett) Related: [-]
37		37 order Order on Motion for Reconsideration / Clarification Thu 04/17 11:43 AM ENDORSED ORDER granting 25 Unopposed Motion for Reconsideration. The Court finds that Charles Gee was inadvertently added as a Defendant to this action. Accordingly, the 21 Order to Show Cause as to Caps Funding, LLC, is hereby discharged. The Clerk of Court is DIRECTED to terminate Charles Gee as a Defendant. Signed by Judge Paul G. Byron on 4/17/2025. (REG) Related: [-]
36		36 order Order Thu 04/17 10:22 AM ENDORSED ORDER discharging 22 Order to show cause. Signed by Judge Paul G. Byron on 4/17/2025. (KM) Related: [-]
Wednesday, April 16, 2025
35		35 notice Notice of a Related Action Wed 04/16 3:30 PM NOTICE of a related action per Local Rule 1.07(c) by Draftpros, LLC. Related case(s): No (Robbins, Jonathan) Related: [-]
34		34 notice Notice to Counsel of Local Rule Wed 04/16 1:25 PM NOTICE TO COUNSEL Jonathan S. Robbins of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (MSN) Related: [-]
Tuesday, April 15, 2025
33		33 misc Response to order to show cause Tue 04/15 8:05 PM RESPONSE TO ORDER TO SHOW CAUSE re22 Order to show cause filed by GSM Contracting, LLC, Sergio Martinez, Jr. (Geitner, Charles) Related: [-]
32		32 notice Notice of a Related Action Tue 04/15 7:42 PM NOTICE of a related action per Local Rule 1.07(c) by GSM Contracting, LLC, Sergio Martinez, Jr. Related case(s): No (Geitner, Charles) Related: [-]
31		31 misc Disclosure Statement - LR 3.03 and FRCP 7.1 Tue 04/15 7:31 PM DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by GSM Contracting, LLC, Sergio Martinez, Jr. (Geitner, Charles) Related: [-]
30		30 notice Notice (Other) Tue 04/15 3:44 PM NOTICE by Draftpros, LLC of Pendency of Other Actions (Robbins, Jonathan) Related: [-]
29		29 misc Disclosure Statement - LR 3.03 and FRCP 7.1 Tue 04/15 3:40 PM DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Draftpros, LLC. (Robbins, Jonathan) Related: [-]
28		28 misc Response to order to show cause Tue 04/15 3:37 PM RESPONSE TO ORDER TO SHOW CAUSE re22 Order to show cause filed by Draftpros, LLC. (Robbins, Jonathan) Related: [-]
27		27 order Order on Motion for Extension of Time to File Tue 04/15 10:33 AM ENDORSED ORDER granting 26 Unopposed Motion for Extension of Time to Confer and File Case Management Report. The parties shall confer and file their Case Management Report on or before April 24, 2025. The parties are reminded that requesting an extension on the day of a deadline is poor professional practice. Signed by Judge Paul G. Byron on 4/15/2025. (REG) Related: [-]
Monday, April 14, 2025
26		26 motion Extension of Time to File Mon 04/14 5:12 PM Unopposed MOTION for Extension of Time to File Case Management Report by Caps Funding, LLC. (Marlowe, Brett) Related: [-]
Friday, April 11, 2025
25		25 motion Reconsideration / Clarification Fri 04/11 9:02 AM Unopposed MOTION for Reconsideration re21 Order to show cause by Caps Funding, LLC. (Marlowe, Brett) Related: [-]
Wednesday, April 09, 2025
24		24 order Order on Motion for Extension of Time to File Response / Reply Wed 04/09 9:00 AM ENDORSED ORDER granting 23 Motion for Extension of Time to File Response / Reply. Signed by Magistrate Judge David A. Baker on 4/9/2025. (Baker, David) Related: [-]
Monday, April 07, 2025
23		23 motion Extension of Time to File Response / Reply Mon 04/07 5:04 PM Unopposed MOTION for Extension of Time to File Response/Reply as to19 Answer to amended complaint Crossclaim Counterclaim by Caps Funding, LLC. (Marlowe, Brett) Related: [-]
22		22 2 pgs order Order to show cause Mon 04/07 10:06 AM ORDER to show cause as to Draftpros, LLC, GSM Contracting, LLC, and Sergio Martinez, Jr. Defendants GSM Contracting, LLC, Sergio Martinez, Jr., and Draftpros LLC have failed to comply with the Court's Order of January 6, 2025 directing counsel to file a Notice of Pendency of Other Actions and a Certificate of Interested Persons. Therefore, it is ORDERED that Defendants GSM Contracting, LLC, Sergio Martinez, Jr., and Draftpros LLC shall SHOW CAUSE and file a response to said Order within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in the imposition of appropriate sanctions. Signed by Judge Paul G. Byron on 4/7/2025. (KM) Related: [-]
21		21 2 pgs order Order to show cause Mon 04/07 10:01 AM ORDER to show cause as to Caps Funding, LLC. The Complaint in this action was filed on December 30, 2024. Plaintiff has failed to effect proper service on Defendant Charles Gee within the 90 days allowed by Federal Rule of Civil Procedure 4(m) or as further extended by the Court. Therefore, it is ORDERED that Plaintiff shall SHOW CAUSE within fourteen (14) days from the date of this Order why the Complaint against Defendant Charles Gee should not be dismissed for failure to comply with the Federal Rules of Civil Procedure 4(m). Failure to respond to this Order may result in dismissal of this case as to said Defendant without further notice from the Court. Signed by Judge Paul G. Byron on 4/7/2025. (KM) Related: [-]
Tuesday, April 01, 2025
20		20 answer Answer to Crossclaim Tue 04/01 12:46 PM DEFENDANT DRAFTPROS, LLC'S ANSWER to 19 Crossclaim and AFFIRMATIVE DEFENSES TO GSM CONTRACTING LLC'S CROSSCLAIM by Draftpros, LLC. Related document: 19 Answer to amended complaint Crossclaim Counterclaimfiled by Sergio Martinez, Jr.GSM Contracting, LLC.(Robbins, Jonathan) Related: [-]
Saturday, March 15, 2025
19		19 answer Answer to amended complaint Crossclaim Counterclaim Sat 03/15 1:05 AM ANSWER and affirmative defenses with Jury Demand to 13 Amended Complaint , CROSSCLAIM against Draftpros, LLC, Charles Gee, COUNTERCLAIM against Caps Funding, LLC, Charles Gee by Sergio Martinez, Jr, GSM Contracting, LLC.(Geitner, Charles) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2
Friday, March 14, 2025
18		18 answer Answer to amended complaint Fri 03/14 10:59 AM DEFENDANT DRAFTPROS, LLC'S ANSWER and affirmative defenses to 13 Amended Complaint by Draftpros, LLC.(Robbins, Jonathan) Related: [-]
Wednesday, March 05, 2025
17		17 order Order on Motion for Extension of Time to Answer Wed 03/05 9:49 AM ENDORSED ORDER granting 16 Motion for Extension of Time to Answer. All Defendants. Signed by Magistrate Judge David A. Baker on 3/5/2025. (Baker, David) Related: [-]
Monday, March 03, 2025
16		16 motion Extension of Time to File Answer / Respond to Complaint Mon 03/03 4:11 PM Unopposed MOTION for Extension of Time to File Answer re13 Amended Complaint Defendants' Joint Unopposed Motion for Enlargement of Time to File Answer to Plaintiff's First Amended Complaint by Draftpros, LLC, GSM Contracting, LLC, Sergio Martinez, Jr.(Robbins, Jonathan) Related: [-]
		Att: 1 Text of Proposed Order Proposed Order
Tuesday, January 28, 2025
15		15 service Waiver of service executed Tue 01/28 3:44 PM WAIVER of service returned executed on 1/16/25 by Caps Funding, LLC as to GSM Contracting, LLC. (Marlowe, Brett) Related: [-]
14		14 service Waiver of service executed Tue 01/28 3:42 PM WAIVER of service returned executed on 01/26/2025 by Caps Funding, LLC as to GSM Contracting, LLC. (Marlowe, Brett) Related: [-]
Friday, January 24, 2025
13		13 cmp Amended Complaint Fri 01/24 4:43 PM AMENDED COMPLAINT against Draftpros, LLC, GSM Contracting, LLC, Sergio Martinez, Jr filed by Caps Funding, LLC.(Marlowe, Brett) Related: [-]
		Att: 1 Exhibit A - AR Purchase Agreement,
		Att: 2 Exhibit B - Addendum to Assignment Agreement,
		Att: 3 Exhibit C - Letter to draftPros,
		Att: 4 Exhibit D - Vendor ACH Set-Up Form,
		Att: 5 Exhibit E - Invoices,
		Att: 6 Exhibit F - Assignments,
		Att: 7 Exhibit G - Notices of Assignment,
		Att: 8 Exhibit H - Letters,
		Att: 9 Exhibit I - Settlement Agreement
Friday, January 17, 2025
12		12 service Waiver of service executed Fri 01/17 2:37 PM WAIVER of service returned executed on 1/16/25 by Caps Funding, LLC as to Draftpros, LLC. (Marlowe, Brett) Related: [-]
11		11 4 pgs order Order Fri 01/17 10:28 AM ORDER. The 1 Complaint is DISMISSED WITHOUT PREJUDICE for failing to adequately allege the Court's subject matter jurisdiction. On or before January 27, 2025, Plaintiff shall file an amended complaint in compliance with this Order and all applicable rules and law. Failure to timely comply with this Order will result in the closure of this action without further notice. Signed by Judge Paul G. Byron on 1/17/2025. (REG) Related: [-]
10		10 notice Notice to Counsel of Local Rule Fri 01/17 8:38 AM NOTICE TO COUNSEL Brett A. Marlowe of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (SET) Related: [-]
Thursday, January 16, 2025
9		9 notice Notice of a Related Action Thu 01/16 3:49 PM NOTICE of a related action per Local Rule 1.07(c) by Caps Funding, LLC. Related case(s): No (Marlowe, Brett) Related: [-]
8		8 misc Certificate of Interested Persons and Corporate Disclosure Statement Thu 01/16 9:59 AM CERTIFICATE of interested persons and corporate disclosure statement by Caps Funding, LLC. (Marlowe, Brett) Related: [-]
7		7 notice Notice (Other) Thu 01/16 9:56 AM NOTICE by Caps Funding, LLC Notice of Pendency of Other Actions (Marlowe, Brett) Counsel to refile using the correct event. Modified text on 1/16/2025 (AM) Related: [-]
Monday, January 06, 2025
6		6 notice Notice of Lead Counsel Designation Mon 01/06 3:56 PM NOTICE of Lead Counsel Designation by Brett A. Marlowe on behalf of Caps Funding, LLC. Lead Counsel: Brett A. Marlowe. (Marlowe, Brett) Related: [-]
5		5 order Interested Persons Order Mon 01/06 9:01 AM INITIAL CASE ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 1/6/2025. (KM) Related: [-]
Thursday, January 02, 2025
4		4 utility Case Assigned/Reassigned Thu 01/02 2:56 PM Case Reassigned to Magistrate Judge Unassigned Magistrate. New case number: 6:24-cv-2370-PGB-UAM. Magistrate Judge Embry J. Kidd no longer assigned to the case. (RPB) Related: [-]
3		3 notice Notice to Counsel of Local Rule Thu 01/02 8:17 AM 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). (ELA) Related: [-]
Monday, December 30, 2024
2		2 utility Case Assigned/Reassigned Mon 12/30 3:41 PM NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Embry J. Kidd. New case number: 6:24-cv-02370-PGB-EJK. (JOS) Related: [-]
1		1 20 pgs cmp Complaint Mon 12/30 3:06 PM COMPLAINT against All Defendants (Filing fee $405 receipt number AFLMDC-22863580) filed by All Plaintiffs.(Marlowe, Brett) Related: [-]
		Att: 1 Exhibit A - AR Purchase Agreement,
		Att: 2 Exhibit B - Addendum to Assignment Agreement,
		Att: 3 Exhibit C - Letter to draftPros,
		Att: 4 Exhibit D - Vendor ACH Set-Up Form,
		Att: 5 Exhibit E - Invoices,
		Att: 6 Exhibit F - Assignments,
		Att: 7 Exhibit G - Notices of Assignment,
		Att: 8 Exhibit H - Letters,
		Att: 9 Exhibit I - Settlement Agreement,
		Att: 10 Civil Cover Sheet

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