Writ of Garnishment Notice US District Court for the Southern District of Florida

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Defendants
____________________________/

GARNISHMENT NOTICE

TO:
YOU ARE NOTIFIED that garnishee has answered the writ of garnishment issued in this action. Attached to this notice is a copy of the writ of garnishment and a copy of the garnishee’s answer. You must move to dissolve the writ within 20 days after the date in the certificate of service in this notice, exclusive of the day of service, serve a copy of the motion on plaintiff’s attorney, Michael D. Stewart, Esq., and file the original with the clerk of this court either before service on the attorneys or immediately thereafter. If you fail to do so, a default under the writ of garnishment will be entered against you. You may have exemptions from the writ of garnishment that must be asserted as a defense.

Respectfully submitted,

s/Michael D. Stewart/
Law Offices of Michael D. Stewart
Fla. Bar No. 12457
200 S.E 1st Street, #701
Miami, Fl. 33131 | (305) 590-8909

CERTIFICATE OF SERVICE

I hereby certify that on December 20, 2013 this document was served on counsel of record and unrepresented parties on the attached service list via transmission of Notices of Electronic Filing by CM/ECF or by other means of authorized service on those not represented by counsel.
s/Michael D. Stewart/
ms@themiamilaw.com
Attorney for Plaintiff

Draft Interrogatories US District Court for the Southern District of Florida

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO.

)
)
Plaintiff )
)
v. )
)
)
)
Defendant )
___________________________________ )

PLAINTIFFS’ FIRST REQUEST FOR INTERROGATORIES
TO DEFENDANT

Plaintiff,
., requests that the Defendant , in accordance with the Federal Rules of Civil Procedure, answer the following Interrogatories fully, under sworn oath, subject to sanctions by a Court of Law, and subject to the instructions set forth below:
INSTRUCTIONS
a. These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information before trial.
b. Unless otherwise stated, these Interrogatories refer to the time, place, and circumstances of the occurrence mentioned or complained of in the Complaint.
c. Where name and identity of a person is required, please state full name, home address and also business address, if known.
d. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party’s agents, representatives, and unless privileged, his attorney’s. When answer is made by corporate defendant, state the name, address and title of persons supplying the information and making the affidavit, and announce the source of his or her information.
e. The pronoun “you” refers to the party to whom the Interrogatories are addressed and the parties mentioned in clause (d).
f. “Identify” when referring to an individual, corporation, or other entity shall mean to set forth the name and telephone number, and if a corporation or other entity, its principle place of business, or if an individual, the present or last known home address, his or her job title or titles, by whom employed and address of the place of employment.
INTERROGATORIES
1. State your full name, current address, any other addresses for the last five (5) years, marital status, date of birth, social security number and any and all work addresses, and the telephone numbers thereof, including those of companies you own.
2. List the names and addresses of all companies in which you have any interest, including your affiliation with these companies, the length of time you have been associated with these companies, the positions you have held with the companies and your current position, your percentage ownership of the companies and/or any compensation received from these companies.
3. Identify the names, addresses and telephone numbers of any individual or company that you are aware of that has personal knowledge of the facts and circumstances of this case, until present, and your relationship to such individuals and/or companies.
4. List the names, addresses and telephone numbers of all persons or companies who you communicated with concerning your first use of each of the
5. List the identity, including name, addresses and telephone numbers, of any third-parties who have commented to you or to any third-person or company, concerning the subject case.
6. List the identity, including name, addresses and telephone numbers, of any third-parties or companies who you know currently have possession of any of the products bearing the
7. Identify the substance of any communications you had with Plaintiff concerning forming a partnership or any other type of entity in connection with the sale of diet or other types of pills or supplements.
8. List all crimes, whether felony, misdemeanor, or otherwise, for which you have been charged and/or convicted, including the date, the court, and the disposition of the charges.
9. List all insurance agreements you have regarding companies and vehicles owned and/or operated by you, including the name of the insurance company, the name of the policy owner, the policy number, the type of coverage, the amount of coverage (specifying its upper and lower limits) and the effective dates of said policy for the past five (5) years.
10. List any and all financial institutions where you have an account or any interest in an account, or hold assets, including, but not limited to, banks, savings and loans, institutions where you have investment accounts, retirement accounts, etc.
11. List any and all real property owned by you or in which you hold any interest or the rights to any profit or other benefit from, including the address of the property, your interest in the property, the names, telephone numbers and addresses of any other individuals holding an interest with you.
12. List the names, telephone numbers and addresses of any persons or companies who work for you in any manner or in any company in which you hold any interest, including, but not limited to, employees, independent contractors, volunteers, agents, subsidiaries and assigns, and the details of their duties to your or to any company in which you have an interest.
13. List in detail any and all complaints made to you or to any of your companies, concerning your use of any of the
Respectfully submitted,
____________________
Michael D. Stewart, Esq.
Fla. Bar No.: 12457

Miami, Florida 33132
email: ms@themiamilaw.com
p: 305-394-8546
F: 866-380-8986
Attorney for Plaintiff

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent to

day of December, 2008.

Michael D. Stewart, Esq.
Fla. Bar No.: 12457

Miami, Florida 33131
ms@themiamilaw.com
p: 305-394-8546
f: 866-380-8986
Attorney for Plaintiff

Affidavit in Support of Motion for Final Default Judgment – US District Court for the Southern District of Florida

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.:

Plaintiff,
v.

and

and

Defendants
____________________________/

AFFIDAVIT IN SUPPORT OF MOTION
FOR FINAL DEFAULT JUDGEMENT

I, Michael D. Stewart, declare under penalty of perjury that the following facts are true and correct to the best of my information and belief.
1. I am the attorney for the Plaintiff in the above-entitled action and I am familiar with the file, records and pleadings in this matter.
2. The summons and complaint were served upon the defendant., on August 2, 2013.

3. An answer to the complaint was due on August 23, 2013. No response was served within the time allowed by law nor has the Defendant sought additional time within which to respond.
4. A clerk’s default was entered on September 23, 2013, against Defendant

5. The claim of the Plaintiff against Defendant , is for $400,000.00 in damages, pre-judgment interest, costs and such further relief that this court finds reasonable.

s/Michael D. Stewart/
ms@themiamilaw.com
Attorney for Plaintiff

Sworn to and subscribed before
me this _____ day of ___________,
2013.

__________________________
Notary Public
My Commission Expires:

United States District Court for the Southern District of Florida – Designation of Mediator

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.:

Plaintiff,

v.

and

and

Defendants
____________________________/

AGREED NOTICE OF DESIGNATION OF MEDIATOR

COMES NOW the Plaintiff, by and through undersigned counsel, and after consultation and agreement with opposing counsel, designates the following as mediator in this matter:

CERTIFICATE OF SERVICE

I hereby certify that on October 24, 2013 this document was served on counsel of record and unrepresented parties on the attached service list via transmission of Notices of Electronic Filing by CM/ECF or by other means of authorized service on those not represented by counsel.
s/Michael D. Stewart/
ms@themiamilaw.com
Attorney for Plaintiff

Carriage of Goods By Sea Act – COGSA Complaint in United States District Court for the Southern District of Florida

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.:

JUDGE

Plaintiff,

v.

and

and

Defendants
____________________________/

COMPLAINT

COMES NOW the Plaintiff, , by and through undersigned counsel, and sues Defendants and states as follows:
1. This is an action in admiralty for maritime claims for damages in excess of $75,000.00 and otherwise within the jurisdiction of this Court. This Court has original jurisdiction pursuant to 28 U.S.C. §1300 et. seq.
2. The Plaintiff, , is a company which, inter alia, owns, exports and sells computer equipment. is the owner of the computer equipment which is the subject of this lawsuit and has a proprietary interest in the computer equipment.
3. Defendant (hereinafter referred to as “PACK AND SEND”) is a Florida Corporation with a principal address of 10850 NW 30th St., Doral, Florida 33172.
4. Defendant is a Florida Corporation with a principal address of
5. Defendant is a foreign corporation also listed under, with a principal address of.
COUNT I ( )
The Plaintiff adopts and incorporates by reference Paragraphs 1-5.
6. In 2012, contracted with to have computer equipment sent to . Copies of the invoice number dated July 18, 2012, Invoice Number dated June 29, 2012, and Invoice number dated July 26, 2012, are attached hereto EXHIBT A. Defendant accepted the shipments of the Goods and held them in their warehouse, for Defendant to pick up.
7. was paid by Plaintiff for this service.
8. kept the goods in its warehouse and placed a security lock on the container under Security Seal No.: .
9. On August 1, 2012, Defendant arrived with a truck and took the goods
10. When the goods arrived at their ultimate destination of Venezuela, the container was nearly empty of the goods.
11. A subsequent investigative report on August 30, 2012, by revealed that the Security Seal No.: had not been tampered with.
12. By reason of the above mentioned acts, has sustained damages in excess of $400,000.00.
13. Demand was made upon on November 27, 2012 , A copy of which is attached hereto as EXHIBIT B, who at all times has refused to pay damages.
WHEREFORE, Plaintiff demands judgment against Defendant for damages, pre-judgment interest, costs and such further relief as this Court finds reasonable.
COUNT II ( )
The Plaintiff adopts and incorporates by reference Paragraphs 1-13.
14. Plaintiff, through Defendant , entered into a contract with under Bill of Lading No.: on August 1, 2012, and Bill of Lading No.: on August 2, 2012, whereby Defendant would deliver the Goods from to Sun Terminal in Port Everglades. Copies of these documents are attached as EXHIBIT C.
15. When the goods arrived at their ultimate destination of Venezuela, the container was nearly empty of the goods.
16. Demand was made on on November 27, 2012, and on November 13, 2012 advising them to preserve and maintain their Global Position Tracking system information. A further demand was sent on February 20, 2013. Copies of these demands are attached hereto as EXHIBIT D.
WHEREFORE, Plaintiff demands judgment against Defendant for damages, pre-judgment interest, costs and such further relief as this Court finds reasonable.

COUNT II ( )
The Plaintiff adopts and incorporates by reference Paragraph 1-16.
17. Plaintiff entered into an agreement with under Bill of Lading No.: on August 4, 2012, attached hereto as EXHIBIT E.
18. was to ship the Goods to Venezuela.
19. When the goods arrived at their ultimate destination of Venezuela, the container was nearly empty of the goods.
20. Demand was made on on November 27, 2012, and again on February 20, 2013, copies of which are attached as EXHIBIT F.

WHEREFORE, Plaintiff demands judgment against Defendant for damages, pre-judgment interest, costs and such further relief as this Court finds reasonable.
Date: July 30, 2013.

MICHAEL D. STEWART, ESQ.
Law Offices of Michael D. Stewart
The 200 Building
200 SE 1st St., Suite 701
Miami, Florida 33131
email: ms@TheMiamiLaw.com
1-305-590-8909 Telephone
BY:_______________________________
MICHAEL D. STEWART, ESQ.
FLA. BAR NO.: 12457