BGX E-Health LLC v. Masters et al
ORDER denying without prejudice 73 Motion to Compel. See order for details. Signed by Magistrate Judge Leslie Hoffman Price on 11/14/2023. (SFC)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
BGX E-HEALTH LLC,
Case No: 6:21-cv-1022-WWB-LHP
DARREN NEIL MASTERS, GRANITE
INVESTMENT GLOBAL US LLC, SNSCP LLC and CW FINANCIAL
This cause came on for consideration without oral argument on the following
motion filed herein:
MOTION: PLAINTIFF’S MOTION TO COMPEL (Doc. No. 73)
August 21, 2023
THEREON it is ORDERED that the motion is GRANTED.
On May 9, 2023, the Court granted Plaintiff’s Third Renewed Motion for Final
Default Judgment against Defendants Darren Neil Masters, Granite Investment
Global US LLC, SN-SCP LLC, and CW Financial Consulting LLC, jointly and
severally, in the amount of $11,564,520.00 in damages plus prejudgment and postjudgment interest and $402.00 in costs.
Doc. Nos. 59, 61.
The Court further
ordered these Defendants to complete a Form 1.977 Fact Information Sheet and all
required attachments within 45 days of entry of judgment.
Doc. No. 61, at 2.
Judgment was entered on May 10, 2023 (Doc. No. 62), making the deadline for these
Defendants to complete the Form 1.977 Fact Information Sheet and attachments on
or about June 24, 2023.
By the present motion, Plaintiff states that to date, these Defendants have not
served a completed Form 1.977 or any other required documentation. Doc. No. 73.
As such, Plaintiff requests an order compelling these Defendants to complete and
serve Form 1.977 and all required attachments upon Plaintiff and show cause why
these Defendants should not be held in civil contempt. Id., at 3.
Upon review, the motion (Doc. No. 73) shall be denied without prejudice.
First, there is no evidence that a Form 1.977 Fact Information Sheet and attachments
has ever been served on any of the Defendants at issue, and Plaintiff does not
address this in its motion. Given that many of these Defendants never appeared
in the case, it is unclear how Plaintiff made Defendants aware of their obligations
to complete Form 1.977.
Second, Plaintiff’s Local Rule 3.01(g) certification is
lacking. Simply stating Plaintiff’s counsel “has been unable to confer” with these
Defendants, who are unrepresented, does not provide any of the information
required in Local Rule 3.01(g), nor complies with Rule 3.01(g)(3). And Plaintiff
provides no legal authority even suggesting that Local Rule 3.01(g) does not apply
to unrepresented and/or defaulted parties. Third, as the Court noted in a separate
order (Doc. No. 74), Defendant Granite Investment Global US LLC’s corporate
representative since April 7, 2022 is now Eric T. Salpeter, Esq., and Plaintiff’s
certificate of service in the present motion merely states that the motion was served
on all Defendants at Darren Neil Master’s address in Naples, Florida. Thus, it is
unclear whether service of the present motion has been properly effectuated.
For these reasons, Plaintiff’s Motion to Compel (Doc. No. 73) is DENIED
WITHOUT PREJUDICE. Any renewed motion must address the issues raised in
this Order, with citation to appropriate legal authority.
DONE and ORDERED in Orlando, Florida on November 14, 2023.
Copies furnished to:
Counsel of Record
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