Case 1:12-cv-23300-UU Document 26 Entered on FLSD Docket 01/30/2013 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO.: 12-CV-23300-UU PATRICE BAKER, an individual and LAURENT LAMOTHE, an individual, Plaintiffs, v. HAITI-OBSERVATEUR GROUP, an unknown business entity, and LEO JOSEPH, an individual, Defendants. ___________________________________/ RESPONSE TO ORDER TO SHOW CAUSE Plaintiffs Patrice Baker (“Baker”) and Laurent Lamothe (“Lamothe”), hereby respond to the Court’s Order to Show Cause dated January 28, 2013 [DE 25] and state: 1. Plaintiffs did not wantonly disregard the Court’s instruction to move for the entry

of a Default Judgment. Instead, this deadline was inadvertently overlooked as the result of a calendaring error by undersigned’s assistant. See Affidavit of Maydelin Gil attached hereto as Exhibit A. 2. Plaintiffs’ failure to file their Motion for Default Judgment was the result of

excusable neglect. The determination of whether neglect is excusable is an equitable one in which courts are permitted to accept late filings caused by inadvertence, mistake, or carelessness. See Pioneer Inv. Services Co. v. Brunswick Assoc., Ltd. Partnership, 507 U.S. 380 (1983). 3. Excusable neglect is to be determined by reference to a four-factor test: 'the

danger of prejudice to the nonmovant, the length of delay and its potential impact on judicial
PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L.
200 South Andrews Avenue, Suite 600, Fort Lauderdale, Florida 33301 – (954) 566-7117 1000 Brickell Avenue, Suite 600, Miami, Florida 33131 – (305) 377-0086

Case 1:12-cv-23300-UU Document 26 Entered on FLSD Docket 01/30/2013 Page 2 of 4

CASE NO.: 12-CV-23300-UU proceedings, the reason for the delay, including whether it was within the reasonable control of the movant, and whether the movant acted in good faith.'" See Advanced Estimating System, Inc. v. Riney, 130 F.3d 996, 997-98 (11th Cir. 1997). 4. Here, Defendants are not prejudiced by the late filing of Plaintiffs’ Motion for

Default Judgment and Plaintiffs would be harshly prejudiced by the dismissal of their lawsuit. 5. Plaintiffs’ failure to file the required Motion has minimally impacted the judicial

proceedings and will not have a prejudicial effet on the Defendants or the Court’s efficiency. 6. As Plaintiffs neglected to file the Motion for Default Judgment based on a

calendaring error, a lack of bad faith exists to find that excusable neglect cannot be found by the Court. 7. Accordingly, Plaintiffs request that the Court permit them to move for a final

judgment after default. 8. Further, following the filing of this lawsuit and after various attempts at locating a

business entity operating under the name Haiti-Observateur Group, Plaintiffs believe that Defendant Joseph is operating the website, www.haiti-observateur.net (the “Website”), in an individual capacity and not as a corporate entity. 9. Plaintiffs’ investigations have shown that Defendant Joseph previously operated

an entity named Haiti Observateur Group, Inc. in the state of New York; however that entity was dissolved in 1999. 10. Moreover, a subpoena directed to the domain provider of the Website produced

information that the Website is owned by Defendant Joseph individually.

PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L.
200 South Andrews Avenue, Suite 600, Fort Lauderdale, Florida 33301 – (954) 566-7117 1000 Brickell Avenue, Suite 600, Miami, Florida 33131 – (305) 377-0086

Case 1:12-cv-23300-UU Document 26 Entered on FLSD Docket 01/30/2013 Page 3 of 4

CASE NO.: 12-CV-23300-UU 11. As such, Plaintiffs hereby provide notice to the Court of their intent to dismiss

Defendant Haiti Observateur Group from this lawsuit, without prejudice. 12. Last, Plaintiffs also request that the Court allow ten days for the filing of their

Motion for Default Judgment and to submit supporting affidavits. 13. United States. 14. Likewise, Plaintiff Lamothe is the Prime Minister of Haiti and travels extensively Plaintiff Baker is a businessman with an extensive travel schedule outside of the

for political matters throughout Haiti and the world. 15. Accordingly, Plaintiffs request that this Court grant a ten day extension of time

for Plaintiffs to file their Motion for Default Judgment and submit supporting affidavits. WHEREFORE, Plaintiffs respectfully request that this Court find that Plaintiffs acted with excusable neglect in failing to file their Motion for Default Judgment, dismiss Defendant Haiti Observateur Group from this action, without prejudice, grant Plaintiffs a ten day enlargement of time to file their Motion for Default and supporting affidavits and grant such further relief that this Court deems just and proper. Respectfully submitted, /s/Miguel Armenteros______________ Miguel Armenteros (0014929) miguel@pbyalaw.com PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L. 1000 Brickell Avenue, Suite 600 Miami, FL 33131 Telephone: (305) 377-0086 Facsimile: (305) 377-0781 Attorneys for Plaintiffs
PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L.
200 South Andrews Avenue, Suite 600, Fort Lauderdale, Florida 33301 – (954) 566-7117 1000 Brickell Avenue, Suite 600, Miami, Florida 33131 – (305) 377-0086

Case 1:12-cv-23300-UU Document 26 Entered on FLSD Docket 01/30/2013 Page 4 of 4

CASE NO.: 12-CV-23300-UU

CERTIFICATE OF SERVICE I hereby certify that on January 30, 2013, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive Notices of Electronic Filing.

/s/ Miguel Armenteros____________ Miguel Armenteros (0014929) miguel@pbyalaw.com

SERVICE LIST J. Ronald Denman (863475) jrdenman@pbyalaw.com Miguel Armenteros (0014929) miguel@pbyalaw.com PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L. 1000 Brickell Avenue, Suite 600 Miami, FL 33131 Telephone: (305) 377-0086 Facsimile: (305) 377-0781 Attorneys for Plaintiffs Available for service via CM/ECF Leo Joseph 139-68 86th Avenue Jamaica, NY 11435 Served via U.S. Mail Haiti-Observateur Group c/o Leo Joseph 139-68 86th Avenue Jamaica, NY 11435 Served via U.S. Mail

PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L.
200 South Andrews Avenue, Suite 600, Fort Lauderdale, Florida 33301 – (954) 566-7117 1000 Brickell Avenue, Suite 600, Miami, Florida 33131 – (305) 377-0086

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