CLOSED, EAJ

U.S. District Court
Middle District of Florida (Tampa)
CIVIL DOCKET FOR CASE #: 8:03-cv-01722-JSM-EAJ


Trans Nat'l Comm. v. Oasis Travel Group, et al
Assigned to: Judge James S. Moody, Jr
Referred to: Magistrate Judge Elizabeth A. Jenkins
Demand: $105,000
Cause: 28:1332 Diversity-Breach of Contract

Date Filed: 08/13/2003
Date Terminated: 12/27/2004
Jury Demand: Both
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity
Plaintiff
Trans National Communications International, Inc. represented byDennis D Leone
Shankman, Leone & Westerman, P.A.
215 W. Verne St., Suite A
Tampa, FL 33606
813/258-1099
Fax: 813/258-1040
Email: dleone@slw-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Thomas K. Sciarrino, Jr.
Kass, Shuler, Solomon, Spector,
1505 N. Florida Ave.
P.O. Box 800
Tampa, FL 33602
813/229-0900
Fax: 813/229-3323
Email: tsciarri@kasslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Oasis travel Group, Inc. represented byDavid Alan Townsend
Townsend & Brannon
608 Horatio St.
Tampa, FL 33606
813/254-0088
Fax: 813/254-0093
Email: DavidTownsend@tampabay.rr.com
TERMINATED: 12/03/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Sunshine Promotions of Tampa Bay, Inc.
Defendant
Modern Marketing Solutions, Inc. represented byDavid Alan Townsend
(See above for address)
TERMINATED: 12/03/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Steven E. Morris represented bySteven E. Morris
#
13137 N. Dale Mabry Hwy.
Tampa, FL 33618
PRO SE

David Alan Townsend
(See above for address)
TERMINATED: 12/03/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
James A. Bowman

Date Filed

#

Docket Text

08/13/20031COMPLAINT for Breach of Contract filed. Filing fee $ 150.00 Receipt # T023065 (mrh) (Entered: 08/14/2003)
08/13/2003 MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Elizabeth A. Jenkins (mrh) (Entered: 09/11/2003)
08/14/2003 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (jab) (Entered: 08/14/2003)
09/10/2003 ANSWER and affirmative defenses to [1-1] complaint by Oasis Travel Group, Modern Marketing, Steven E. Morris. (jab) (Entered: 09/11/2003)
09/18/2003 AMENDED ANSWER to complaint by Oasis Travel Group, Modern Marketing, Steven E. Morris :amends [3-1] answer; jury demand. (jab) (Entered: 09/18/2003)
10/09/2003 RETURN of service executed as to Modern Marketing on 8/20/03. Answer due on 9/9/03 for Modern Marketing. (jab) (Entered: 10/09/2003)
10/09/2003 RETURN of service executed as to Sunshine Promotions on 8/20/03. Answer due on 9/9/03 for Sunshine Promotions. (jab) (Entered: 10/09/2003)
10/09/2003 RETURN of service executed as to Oasis Travel Group on 8/21/03. Answer due on 9/10/03 for Oasis Travel Group. (jab) (Entered: 10/09/2003)
10/09/2003 RETURN of service executed as to Steven E. Morris on 8/20/03. Answer due on 9/9/03 for Steven E. Morris. (jab) (Entered: 10/09/2003)
10/09/2003 RETURN of service unexecuted as to James A. Bowman. (jab) (Entered: 10/09/2003)
10/09/2003 ALIAS SUMMONS issued for James A. Bowman. Consent issued. (jab) (Entered: 10/09/2003)
10/31/2003 CASE MANAGEMENT REPORT (jab) (Entered: 10/31/2003)
11/04/2003 Original signature page from the case management report. (jab) (Entered: 11/04/2003)
11/25/2003 MOTION by Oasis Travel Group, Modern Marketing, Steven E. Morris for David A. Townsend to withdraw as attorney (wlb) (Entered: 11/26/2003)
12/03/2003 ORDER granting [12-1] motion for David A. Townsend to withdraw as attorney. See order for conditions and details. (Terminated: David Townsend.) ( Signed by Judge James S. Moody Jr. ) ctc (jab) (Entered: 12/03/2003)
12/08/2003 CERTIFICATE OF SERVICE of [13-1] order by Trans Nat'l Comm. (jab) (Entered: 12/09/2003)
12/23/2003 CERTIFICATE OF SERVICE of [13-1] order and [12-1] motion to withdraw as attorneys by Oasis Travel Group, Modern Marketing by certified mail on 12/16/03 (mrh) (Entered: 12/24/2003)
01/07/2004 ORDER that defendants Steven Morris and Oasis Travel represent themselves since no new counsel has appeared. Plaintiff may apply for default judgments against defendant corporations if notices of appearance are not filed within 11 days of the date of this order. ( Signed by Judge James S. Moody Jr. ) ctc (jab) (Entered: 01/08/2004)
01/12/2004 MOTION by Trans Nat'l Comm. for entry of clerk's default as to James A. Bowman . (jab) (Entered: 01/12/2004)
01/12/2004 AFFIDAVIT of Dennis Leone, Esq. by Trans Nat'l Comm. Re: [17-1] motion for entry of clerk's default as to James A. Bowman (jab) (Entered: 01/12/2004)
01/14/2004 ENDORSED ORDER granting [17-1] motion for entry of clerk's default as to James A. Bowman. The clerk shall enter a default judgment against defendant James Bowman. ( Signed by Judge James S. Moody Jr. ) ctc (jab) (Entered: 01/14/2004)
01/14/2004 CLERK'S ENTRY OF DEFAULT as to James A. Bowman terminating [17-1] motion for entry of clerk's default as to James A. Bowman. ctc (jab) (Entered: 01/14/2004)
02/04/2004 MOTION by Trans Nat'l Comm. for entry of clerk's default as to Sunshine Promotions . (jab) (Entered: 02/05/2004)
02/04/2004 AFFIDAVIT of Dennis Leone, Esq. by Trans Nat'l Comm. Re: [20-1] motion for entry of clerk's default as to Sunshine Promotions. (jab) (Entered: 02/05/2004)
02/05/2004 CLERK'S ENTRY OF DEFAULT as to Sunshine Promotions terminating [20-1] motion for entry of clerk's default as to Sunshine Promotions. ctc (jab) ENTRY OF DEFAULT SET ASIDE PURSUANT TO COURT ORDER ENTERED ON 7/13/04. Modified on 7/19/2004 (eec ) (Entered: 02/05/2004)
02/23/2004 CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties, amending of pleadings on 3/31/04; Discovery cutoff 9/2/04; dispositive motion filing deadline for 10/1/04; Pretrial statement due on or before 12/31/04; Pretrial conference for 1/4/05; Bench trial set for trial term commencing 1/31/05; Scheduled for Judge James S. Moody Jr. ( signed by Judge James S. Moody Jr. ) ctc (mrh) (Entered: 02/24/2004)
06/09/2004 MOTION by Trans Nat'l Comm. with memorandum in support for default judgment against James A. Bowman , for default judgment against Oasis Travel Group , for default judgment against Sunshine Promotions , for default judgment against Modern Marketing (rm) (Entered: 06/10/2004)
06/09/2004 AFFIDAVIT of Dennis Leone by Trans Nat'l Comm. Re: [24-1] motion for default judgment against James A. Bowman, [24-2] motion for default judgment against Oasis Travel Group, [24-3] motion for default judgment against Sunshine Promotions, [24-4] motion for default judgment against Modern Marketing (rm) (Entered: 06/10/2004)
06/09/2004 AFFIDAVIT of Phillip Josephson by Trans Nat'l Comm. Re: [24-1] motion for default judgment against James A. Bowman, [24-2] motion for default judgment against Oasis Travel Group, [24-3] motion for default judgment against Sunshine Promotions, [24-4] motion for default judgment against Modern Marketing (rm) (Entered: 06/10/2004)
06/09/2004 AFFIDAVIT of Mark J. Ragusa by Trans Nat'l Comm. Re: [24-1] motion for default judgment against James A. Bowman, [24-2] motion for default judgment against Oasis Travel Group, [24-3] motion for default judgment against Sunshine Promotions, [24-4] motion for default judgment against Modern Marketing (rm) (Entered: 06/10/2004)
07/02/2004 ORDER referring case to mediation and directing selection of mediator by 8/2/04. Conduct hearing by 12/15/04 Lead counsel, Dennis D. Leone, to coordinate dates. ( Signed by Judge James S. Moody Jr. ) ctc (mrh) (Entered: 07/06/2004)
07/13/2004 ORDER granting in part and denying in part 24 Motion for Default Judgment. Clerk is directed to enter default judgments as to liability only against Oasis Travel Group, Inc., Modern Marketing Solutions, Inc. and James A. Bowman. The Court will address damages during trial of the matter against Defendant Steven Morris. Plaintiff's motion for default judgment against Sunshine Promotions of Tampa Bay, Inc. is denied. The Clerk is directed to set aside the entry of default judgment against Sunshine Promotions of Tampa Bay, Inc. dated 2-5-04 (Dkt. #22). Signed by Judge James S. Moody Jr. on 7/13/2004. (LEN) (Entered: 07/13/2004)
07/13/2004 CERTIFICATE OF SERVICE by Trans National Communications International, Inc. re 28 Order referring case to mediation (BSN ) (Entered: 07/14/2004)
07/19/2004 DEFAULT JUDGMENT against James A. Bowman, Modern Marketing Solutions, Inc., Oasis travel Group, Inc. (Signed by Deputy Clerk) (eec ) (Entered: 07/20/2004)
07/19/2004 Set Deadlines/Hearings Motions due by 10/1/2004. Bench Trial set for 1/31/2005 09:00 AM in Courtroom 13 A before Judge James S. Moody Jr.. Final Pretrial Conference set for 1/5/2005 09:00 AM in Courtroom 13 A before Judge James S. Moody Jr.. (jlh ) (Entered: 08/10/2004)
08/09/2004 ORDER TO SHOW CAUSE for failure to schedule mediation. Show Cause Response due by 8/20/2004. Signed by Judge James S. Moody Jr. on 8/9/2004. (len) (Entered: 08/09/2004)
08/20/2004 RESPONSE TO ORDER TO SHOW CAUSE by Trans National Communications International, Inc.. (Attachments: # 1 Exhibit Pltff's Notice of Serving Order Referring to Mediation)(Leone, Dennis) (Entered: 08/20/2004)
08/23/2004 RESPONSE TO ORDER TO SHOW CAUSE 33 by Trans National Communications International, Inc. (bsn) (Entered: 08/25/2004)
08/26/2004 ORDER vacating the Order Referring Case to Mediation (Dkt. #28). The parties are excused from participation at mediation. Signed by Judge James S. Moody Jr. on 8/26/2004. (len) (Entered: 08/26/2004)
08/26/2004 AMENDED SCHEDULING NOTICE: Bench Trial set for trial month commencing 12/6/2004. Final Pretrial Conference set for 11/3/2004 09:00 AM in Courtroom 13 A before Judge James S. Moody Jr. (len) (Entered: 08/26/2004)
10/01/2004  MOTION for Extension of Time to File Dispositive Motion by Trans National Communications International, Inc.. (Leone, Dennis) (Entered: 10/01/2004)
10/06/2004 ENDORSED ORDER granting 38 Plaintiff's Motion to Enlarge Dispositive Motion Deadline. Dispositive motion deadline is extended to 10-8-04. Signed by Judge James S. Moody Jr. on 10/6/2004. (len) (Entered: 10/06/2004)
10/08/2004 NOTICE by Trans National Communications International, Inc. Affidavit of Phil Josephson (Leone, Dennis) (Entered: 10/08/2004)
10/08/2004  MOTION for partial summary judgment against Def Steven Morris and Supporting Memo of Law by Trans National Communications International, Inc.. (Leone, Dennis) (Entered: 10/08/2004)
11/02/2004 ORDER denying 41 Motion for Partial Summary Judgment. Signed by Judge James S. Moody Jr. on 11/2/2004. (smb) (Entered: 11/02/2004)
11/03/2004 Minute Entry: PRETRIAL CONFERENCE held before Judge James S. Moody Jr. on 11/3/2004. (Court Reporter: Beverly Hunter (Berryhill)) (smb) (Entered: 11/03/2004)
11/16/2004 DECEMBER TRIAL CALENDAR for trial term commencing on 12/6/2004 in Courtroom 13 A before Judge James S. Moody Jr. Signed by Deputy Clerk on 11/16/2004. (smb) (Entered: 11/16/2004)
11/16/2004 NOTICE OF HEARING: Bench Trial set for Wednesday, 12-1-04, at 1:30 p.m. in Courtroom 13 A before Judge James S. Moody Jr. (len) Time reserved: Up to two (2) hours. (Entered: 11/16/2004)
11/29/2004 PROPOSED FINDINGS OF FACT and conclusions of law by Trans National Communications International, Inc.. (Leone, Dennis) (Entered: 11/29/2004)
11/30/2004 EXHIBIT LIST by Trans National Communications International, Inc... (Leone, Dennis) (Entered: 11/30/2004)
11/30/2004 WITNESS LIST by Trans National Communications International, Inc.. (Leone, Dennis) (Entered: 11/30/2004)
12/01/2004 PROPOSED FINDINGS OF FACT and conclusions of law by Trans National Communications International, Inc.. (Leone, Dennis) (Entered: 12/01/2004)
12/01/2004 Minute Entry: BENCH TRIAL held before Judge James S. Moody Jr. on 12/1/2004. Trial completed. (Court Reporter: Sherrill Jackson) (smb) (Entered: 12/01/2004)
12/01/2004 PLAINTIFF'S TRIAL EXHIBIT LIST. (smb) (Entered: 12/01/2004)
12/07/2004 NOTICE of exhibits placed in the exhibit room (1 envelope - bench trial) (jlh, ) (Entered: 12/07/2004)
12/14/2004  FINDINGS OF FACT AND CONCLUSIONS OF LAW. The Clerk is directed to enter a final judgment against Defendants Oasis Travel Group, Inc., Modern Marketing Solutions, Inc., Steven Morris, and James Bowman, jointly and severally, in the amount of $311,370.99, plus post-judgment interest. The Clerk is directed to terminate any pending motions and close this file. Signed by Judge James S. Moody Jr. on 12/14/2004. (len) (Entered: 12/14/2004)
12/27/2004  JUDGMENT in favor of plaintiff against defendants. Signed by Deputy Clerk on 12/27/2004. (bsn) (Entered: 12/27/2004)
01/27/2006 PLAINTIFF EXHIBITS ONLY: The records in this case indicate that this case was disposed of more than thirty (30) days ago. The records also indicate that the Clerk's Office is in possession of various exhibits used during the proceedings. PLEASE LET THE INTAKE OFFICE KNOW IF YOU ARE PICKING UP PLAINTIFF OR DEFENDANT EXHIBITSPursuant to Local Rule 5.04, you are notified that you have thirty (30) days to contact the Clerk's Office to arrange for the removal of the exhibits from the custody of the Clerk's Office, or the exhibits will be destroyed, as permitted by Local Rule 5.04.? (jlh, ) (Entered: 01/27/2006)
02/27/2006 RECEIPT for return of PLAINTIFF exhibits and/or exhibit substitutes (jlh, ) (Entered: 02/28/2006)
01/19/2007 Proposed MOTION to compel for order of contempt and memorandum in support by Trans National Communications International, Inc.. (Sciarrino, Thomas) Motions referred to Magistrate Judge Elizabeth A. Jenkins. COUNSEL NOTIFIED TO REFILE, INCORRECT SIGNATURE. Modified on 1/22/2007 (bn). (Entered: 01/19/2007)
01/23/2007 Proposed MOTION to compel for Order of Contempt and Memorandum of Support by Trans National Communications International, Inc.. (Sciarrino, Thomas) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered: 01/23/2007)
02/26/2007 ORDER granting in part and denying in part 58 Motion to compel and for order of contempt. Defendant Morris shall pay $200.00 for failure to appear at the May 5, 2006 deposition within 30 days of the date of this order. Morris shall appear for a deposition in aid of execution on March 30, 2007. See order for details. Signed by Judge Elizabeth A. Jenkins on 2/26/2007. (jwt) (Entered: 02/26/2007)
03/13/2007 Mail returned as Undeliverable (unable to forward) re: 59 Order on motion to compel,. Mail resent to Steven E. Morris at address on 19142 Golden Cacoon Pl., Lutz, Fl 33558. (bn) (Entered: 03/13/2007)