Two disgruntled former spouses, and (full disclosure, my former employers 2008-2012) JUDITH and ANTHONY SERAPHIN -- have settled their differences and dismissed their lawsuits.
Mediation settled the lawsuit, dismissed by Honorable Marcia Howard Morales, on request of plaintiff Judith Serpahin and Global Wrap, Inc. Joseph Anthony Seraphin also owns SERAPHIN GALLERY, 1108 Pine Street, Philadelphia, Pennsylvania.
Mr. Seraphin served three years in a Pennsylvania prison for DUI homicide.
Mr. Serpahin is a haughty homophobe, who once bragged of his intention to cheat on his wife and who once asked an openly Gay man working in one of his offices, "Who's the man and who's the woman?" Oink.
The CANAN and CORNEAL legal disorganizations -- two yokel law firms -- both missed their shared deadlines to file with the U.S. District Court, as admitted in this filing:
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT
OF FLORIDA JACKSONVILLE DIVISION
GLOBAL WRAP, INC., a Florida corporation,
Plaintiff,
v.
JOSEPH A. SERAPHIN, individually, TERRY DENNIS BOHNET, individually, GLOBAL WRAP ENVIRONMENTAL CONTAINMENTS, INC., a Pennsylvania corporation, GLOBAL WRAP EC, INC.,
a Canadian corporation, and GLOBAL WRAP SCAFFOLD, INC., a Canadian corporation.
Defendants, ______________________________________/
Case No.: 3:20-cv-436-J-34JBT
JOINT RESPONSE TO ORDER TO SHOW CAUSE
Plaintiff GLOBAL WRAP, INC. (“Plaintiff”) and Defendants JOSEPH A. SERAPHIN, TERRY DENNIS BOHNET, GLOBAL WRAP ENVIRONMENTAL CONTAINMENTS, INC., GLOBAL WRAP EC, INC., and GLOBAL WRAP SCAFFOLD, INC. (collectively, the “Defendants”), by and through their respective counsel, hereby file a joint response to the Order to Show Cause entered by this Court on August 24, 2020, stating that good cause exists not to dismiss this action for lack of prosecution pursuant to Local Rule 3.10 or impose sanctions on the parties for their failure to file a Case Management Report within the time prescribed by Local Rule 3.05(c)(2)(B) and, in support thereof, state as follows:
On or about May 12, 2020, Plaintiff filed its Amended Complaint (Dkt. 13) in this action.
On or about June 12, 2020, Julie Kurtz, Esq. and Walter Weir, Jr. via pro hac vice, entered
their appearance on behalf of the Defendants (Dkt. 17, 21).
1
Case 3:20-cv-00436-MMH-JBT Document 29 Filed 09/04/20 Page 2 of 4 PageID 200
3. Immediately thereafter, counsel for both Plaintiff and Defendants began communicating in an attempt to reach a resolution and agree upon the exchange of informal discovery in furtherance thereof.
4. As such, on June 12, 2020, the parties agreed to move for an extension of time for Defendants to file a response to Plaintiff’s Amended Complaint (the “First Agreed Motion”) (Dkt. 18). An order was entered by the Court granting the First Agreed Motion on June 15, 2020 (Dkt. 20).
5. Throughout the months following the First Agreed Motion, counsel for both Plaintiff and Defendants continued to exchange informal discovery and engaged in good faith attempts to resolve the issues before the Court.
6. Accordingly, taking into account the pecuniary interests of the parties, on August 4, 2020, the parties agreed to further extend the deadline for Defendants to file a response to Plaintiff’s Amended Complaint through and until September 1, 2020, and filed a second motion for an extension of time with this request (the “Second Agreed Motion”) (Dkt. 22). The Second Agreed Motion was endorsed by the Court on August 5, 2020 (Dkt. 23).
7. As set forth above, since the commencement of this action, the parties have been continuously communicating regarding the matter in attempts to resolve certain issues prior to engaging in drawn out litigation.
8. Due to the multiple mutually agreed upon extensions for Defendants’ response, the exchange of significant informal discovery, and regular correspondence regarding the substantive issues in this action, the parties inadvertently failed to file a Case Management Report.
2
Case 3:20-cv-00436-MMH-JBT Document 29 Filed 09/04/20 Page 3 of 4 PageID 201
9. No party hereto is in danger of prejudice for the failure of filing the Case Management Report, which if filed within the time prescribed by Local Rule 3.05(c)(2)(B), would have been prior to Defendants’ response to Plaintiff’s Amended Complaint.
10. In fact, the delay of the filing of the Case Management Report will have positively impacted the judicial proceedings before the Court allowing this case to proceed towards an adjudication on the merits as expeditiously as possible. Certain matters (e.g., procedures for the exchange of discovery, deadlines and confidentiality issues) have been resolved prior to the Report being filed thereby preventing the need to modify or amend the Report during these proceedings.
11. The failure of the parties to file within the time prescribed by Local Rule 3.05(c)(2)(B) can be attributed to inadvertence and the excusable neglect of the parties due to the totality of the circumstances surrounding the omission.
12. Immediately upon the filing of the Order to Show Cause (Dkt. 24), the parties diligently resolved the oversight by filing the Case Management Report contemporaneously with this Joint Response.
WHEREFORE, Plaintiff and Defendants respectfully request that this Honorable Court find good cause not to dismiss the action for lack of prosecution pursuant to Local Rule 3.10 or impose sanctions on the parties for their failure to file a Case Management Report within the time prescribed by Local Rule 3.05(c)(2)(B), and permit the parties to proceed accordingly in this action.
By:
Dated this 4th day of September 2020.
/s/Alex C. Najarian
Attorneys for Plaintiff
By: /s/Julie K. Kurtz
By: /s/Walter Weir, Jr.
Attorneys for Defendants
3
Case 3:20-cv-00436-MMH-JBT Document 29 Filed 09/04/20 Page 4 of 4 PageID 202
CERTIFICATE OF SERVICE
I hereby certify that on this 4th day of September 2020, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses:
ALEX C. NAJARIAN, ESQ. Florida Bar No. 127174
The Corneal Law Firm
509 Anastasia Blvd.
St. Augustine, FL 32080
P: (904) 819-5333
F: (904) 484-7216
Email: alex@corneallaw.com Attorneys for Plaintiff
JULIE K. KURTZ, ESQ. Florida Bar No. 0056165 Canan Law
1030 N. Ponce De Leon Blvd. St. Augustine, FL 32084
P: (904) 824-9402
F: (904) 824-9269
Email: jkurtz@cananlaw.com Attorneys for Defendants
WALTER WEIR, JR., ESQ. DAVID V. DZARA, ESQ. Weir & Partners LLP
Suite 500, The Widener Bldg. 1339 Chestnut St. Philadelphia, PA 19107
P: (215) 665-8181
F: 215-665-8464
Email: wweir@weirpartners.com Email: ddzara@weirpartners.com Attorneys for Defendants
U.S. District Court
Middle District of Florida (Jacksonville)
CIVIL DOCKET FOR CASE #: 3:20-cv-00436-MMH-JBT
Global Wrap, Inc. v. Seraphin et al Assigned to: Judge Marcia Morales Howard Referred to: Magistrate Judge Joel B. Toomey Demand: $203,000 Cause: 28:1332fd Diversity-Breach of Fiduciary Duty | Date Filed: 04/28/2020 Date Terminated: 01/08/2021 Jury Demand: None Nature of Suit: 160 Stockholders Suits Jurisdiction: Diversity |
| Plaintiff | ||
| Global Wrap, Inc. a Florida corporation | represented by | Alex Christopher Najarian The Corneal Law Firm 509 Anastasia Blvd. St. Augustine, FL 32080 904/819-5333 Email: alex@corneallaw.com ATTORNEY TO BE NOTICED |
V. | ||
| Defendant | ||
| Joseph A Seraphin Individually | represented by | David V. Dzara Weir & Partners LLP 1339 Chestnut Street, Suite 500 Philadelphia, PA 19107 215-665-8181 Fax: 215-665-8191 Email: ddzara@weirpartners.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Julie K. Kurtz Canan Law 1030 N. Ponce de Leon Blvd. St Augustine, FL 32084 904/824-9402 Fax: 904/824-9269 Email: jkurtz@cananlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Walter Weir , Jr. Weir & Partners LLP Suite 500, The Widener Bldg. 1339 Chestnut St. Philadelphia, PA 19107 215/665-8181 Email: wweir@weirpartners.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Terry Dennis Bohnet Individually | represented by | David V. Dzara (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Julie K. Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Walter Weir , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Global Wrap Environmental Containments, Inc. a Pennsylvania corporation | represented by | David V. Dzara (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Julie K. Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Walter Weir , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Global Wrap EC, Inc. a Canadian corporation | represented by | David V. Dzara (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Julie K. Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Walter Weir , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Global Wrap Scaffold, Inc. a Canadian corporation | represented by | David V. Dzara (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Julie K. Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Walter Weir , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/28/2020 | 1 | COMPLAINT against All Defendants (Filing fee $ 400 receipt number 113A-16750434) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons)(Najarian, Alex) Modified on 5/8/2020 (PAM). Stricken Per Doc. 12 (Entered: 04/28/2020) |
| 04/28/2020 | 2 | NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Joel B. Toomey. New case number: 3:20-cv-436-J-34JBT. (SJB) (Entered: 04/28/2020) |
| 04/28/2020 | 3 | SUMMONS issued as to Joseph A Seraphin. (PAM) Modified on 4/28/2020 (PAM). Entered incorrectly. See Doc. 4 (Entered: 04/28/2020) |
| 04/28/2020 | 4 | SUMMONS issued as to Joseph A Seraphin. (PAM) (Entered: 04/28/2020) |
| 04/28/2020 | 5 | SUMMONS issued as to Terry Dennis Bohnet. (PAM) (Entered: 04/28/2020) |
| 04/28/2020 | 6 | SUMMONS issued as to Global Wrap Environmental Containments, Inc. (PAM) (Entered: 04/28/2020) |
| 04/28/2020 | 7 | SUMMONS issued as to Global Wrap EC, Inc.(PAM) (Entered: 04/28/2020) |
| 04/28/2020 | 8 | SUMMONS issued as to Global Wrap Scaffold, Inc. (PAM) (Entered: 04/28/2020) |
| 04/29/2020 | 9 | NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 4/29/2020. (Attachments: # 1 Case Management Report Form, # 2 Consent Letter and Form)(JW) (Entered: 04/29/2020) |
| 05/01/2020 | 10 | NOTICE OF HEARING: Telephonic Status Conference set for 5/7/2020 at 02:30 PM before Judge Marcia Morales Howard. (JW) (Entered: 05/01/2020) |
| 05/05/2020 | 11 | CERTIFICATE of interested persons and corporate disclosure statement by Global Wrap, Inc. (Najarian, Alex) Modified on 5/5/2020 to edit text (PAM). (Entered: 05/05/2020) |
| 05/07/2020 | 12 | Minute Entry for proceedings held before Judge Marcia Morales Howard: TELEPHONIC STATUS CONFERENCE held on 5/7/2020; striking 1 Complaint; directing Plaintiff to file an Amended Complaint on or before May 22, 2020. Court Reporter: Cindy Packevicz Jarriel (JW) (Entered: 05/08/2020) |
| 05/12/2020 | 13 | AMENDED COMPLAINT against All Defendants filed by Global Wrap, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Najarian, Alex) (Entered: 05/12/2020) |
| 05/20/2020 | 14 | RETURN of Service Executed on 5/7/20 as to Global Wrap Environmental Containments, Inc c/o Joseph A Seraphin by Global Wrap, Inc. (Najarian, Alex) Modified on 5/21/2020 to edit text (PAM). (Entered: 05/20/2020) |
| 05/20/2020 | 15 | RETURN of service executed on 5/7/20 as to Joseph A. Seraphin by Global Wrap, Inc. (Najarian, Alex) Modified on 5/21/2020 (PAM). (Entered: 05/20/2020) |
| 05/20/2020 | 16 | CERTIFICATE of service by Global Wrap, Inc. re 13 Amended Complaint . (Attachments: # 1 Exhibit A)(Najarian, Alex) (Entered: 05/20/2020) |
| 06/12/2020 | 17 | NOTICE of Appearance by Julie K. Kurtz on behalf of Terry Dennis Bohnet, Global Wrap EC, Inc., Global Wrap Environmental Containments, Inc., Global Wrap Scaffold, Inc., Joseph A Seraphin (Kurtz, Julie) (Entered: 06/12/2020) |
| 06/12/2020 | 18 | Consent MOTION for Extension of Time to File Response to Amended Complaint by All Defendants. (Kurtz, Julie) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 06/12/2020) |
| 06/12/2020 | 19 | MOTION for Walter Weir, Jr. to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16929487 for $150 by All Defendants. (Attachments: # 1 Affidavit Special Admission Attorney Certification)(Kurtz, Julie) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 06/12/2020) |
| 06/15/2020 | 20 | ENDORSED ORDER granting 18 Defendants' Agreed Motion for Extension of Time. Defendants shall have up to and including August 11, 2020, to respond to 13 the Amended Complaint. Signed by Magistrate Judge Joel B. Toomey on 6/15/2020. (RLS) (Entered: 06/15/2020) |
| 06/15/2020 | 21 | ENDORSED ORDER granting 19 Agreed Motion to Appear Pro Hac Vice. If Walter Weir, Jr., Esq., has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 6/15/2020. (RLS) (Entered: 06/15/2020) |
| 08/04/2020 | 22 | Consent MOTION for Extension of Time to File Answer re 13 Amended Complaint (Second) by All Defendants. (Kurtz, Julie) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 08/04/2020) |
| 08/05/2020 | 23 | ENDORSED ORDER granting 22 Second Agreed Motion for Extension of Time. Defendants shall have up to and including September 1, 2020 to respond to 13 the Amended Complaint. Signed by Magistrate Judge Joel B. Toomey on 8/5/2020. (RLS) (Entered: 08/05/2020) |
| 08/06/2020 | Set/reset deadlines/hearings: Answer due by 9/1/2020. (RH) (Entered: 08/06/2020) | |
| 08/24/2020 | 24 | ORDER to show cause why this case should not be dismissed or sanctions imposed due to the parties' failure to file a Case Management Report. Show Cause Response due by 9/8/2020. Signed by Judge Marcia Morales Howard on 8/24/2020. (JW) Modified on 9/9/2020 (DISCHARGED per Order doc 31) (RH). (Entered: 08/24/2020) |
| 08/26/2020 | 25 | NOTICE to counsel Walter Weir of Local Rule 2.01(d), which states, each attorney must register with the Clerk of the Court and maintain an email address for electronic service by the Clerk.Maintain your e-mail address by logging into CM/ECF or register for a CM/ECF Account at www.flmd.uscourts.gov (Signed by Deputy Clerk). (JDR) (Entered: 08/26/2020) |
| 09/01/2020 | 26 | MOTION to Dismiss for Lack of Jurisdiction by All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Kurtz, Julie) (Entered: 09/01/2020) |
| 09/02/2020 | 27 | MOTION for David V. Dzara to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17262459 for $150 by All Defendants. (Attachments: # 1 Affidavit Special Admission Attorney Certification)(Kurtz, Julie) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 09/02/2020) |
| 09/03/2020 | 28 | ENDORSED ORDER granting 27 Agreed Motion to Appear Pro Hac Vice and Designation and Consent to Act. If David V. Dzara, Esq. has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 9/3/2020. (RLS) (Entered: 09/03/2020) |
| 09/04/2020 | 29 | RESPONSE TO ORDER TO SHOW CAUSE re 24 Order to show cause filed by Global Wrap, Inc.. (Najarian, Alex) (Entered: 09/04/2020) |
| 09/04/2020 | 30 | CASE MANAGEMENT REPORT. (Najarian, Alex) (Entered: 09/04/2020) |
| 09/08/2020 | 31 | ENDORSED ORDER discharging 24 Order to Show Cause. Signed by Judge Marcia Morales Howard on 9/8/2020. (JW) (Entered: 09/08/2020) |
| 09/08/2020 | 32 | CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Certificates of Interested Persons and Corporate Disclosure Statements due by 9/18/2020. Discovery due by 6/1/2021. Conduct mediation hearing by 6/18/2021. Dispositive motions due by 7/9/2021. Final Pretrial Conference set for 11/22/2021 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Jury Trial set for trial term commencing on 12/6/2021 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 9/8/2020. (Attachments: # 1 Mediation Report Form, # 2 Court Docket)(JW) (Entered: 09/08/2020) |
| 09/10/2020 | 33 | CASE REFERRED to Mediation. (RH) (Entered: 09/10/2020) |
| 09/15/2020 | 34 | RESPONSE in Opposition re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Global Wrap, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6Exhibit F, # 7 Exhibit G)(Najarian, Alex) (Entered: 09/15/2020) |
| 09/18/2020 | 35 | CERTIFICATE of interested persons and corporate disclosure statement re 32 Case management and scheduling order by Terry Dennis Bohnet, Global Wrap EC, Inc., Global Wrap Environmental Containments, Inc., Global Wrap Scaffold, Inc., Joseph A Seraphin. (Kurtz, Julie) (Entered: 09/18/2020) |
| 09/24/2020 | 36 | SUPPLEMENT re 34 Response in Opposition to Motion by Global Wrap, Inc.. (Attachments: # 1 State Court Other Documents)(Najarian, Alex) (Entered: 09/24/2020) |
| 10/02/2020 | 37 | SUPPLEMENT re 26 MOTION to Dismiss for Lack of Jurisdiction by Terry Dennis Bohnet, Global Wrap EC, Inc., Global Wrap Environmental Containments, Inc., Global Wrap Scaffold, Inc., Joseph A Seraphin. (Attachments: # 1 Exhibit A)(Kurtz, Julie) (Entered: 10/02/2020) |
| 01/07/2021 | 38 | NOTICE of voluntary dismissal by Global Wrap, Inc. (Najarian, Alex) (Entered: 01/07/2021) |
| 01/08/2021 | 39 | ORDER dismissing case with prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 1/8/2021. (JW) (Entered: 01/08/ |
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