This case was last updated from U.S. District Courts on 02/18/2022 at 08:01:20 (UTC).

Citimark International Limited v. V10 Global Logistics & Trading Corp. et al

Case Summary

On December 20, 2021, Citimark International Limited (“Citimark” or “Plaintiff”), represented by Michael Peter De Simone of Locke Lord LLP, filed a contract lawsuit against V10 Global Logistics & Trading Corp. (“V10”) and IMC Europe Sp. Z o.o. sp.K (“IMC” and, together with V10, the “Defendants”), seeking injunctive and compensatory relief, along with the costs of litigation, for the alleged material breaches of the parties’ commercial agreements and invoices. This case was filed in U.S. District Court in the Southern District of Florida with Judge Roy K. Altman and Judge Lisette M. Reid presiding. 

 

In the complaint, the Plaintiff alleged that, “Defendants have no legal excuse for their deliberate non-performance and have never disputed the validity of the agreements and invoices. Instead, Defendants generated false documents to attempt to excuse their failure to deliver almost 96% of the approximately 1,670 shipping containers of frozen meat products ordered and paid for by Citimark pursuant to the express terms of the invoices issued by Defendants.”

 

The Plaintiff further alleged that, “Additionally, Defendants deliberately resold several shipping containers of Citimark’s products to other customers after receiving full payment from Citimark for those orders pursuant to the express terms of the invoices issued by Defendants. Defendants refuse to perform as agreed and refuse to refund Citimark’s deposits and full payments for the undelivered and resold containers.”

 

The Plaintiff lists out seven claims for relief. The first claim alleged is for the breach of contract. The second claim alleged is for the breach of implied duty of good faith and fair dealing. The third claim alleged is for tortious interference with business relationships. The fourth claim alleged is for the violation of Florida’s Unfair and Deceptive Trade Practices Act (“FUDTPA”) Fla. Stat. §§ 501.201 et seq. The fifth claim alleged is for fraudulent inducement. The sixth claim alleged is for aiding and abetting fraud, and the seventh claim alleged is for conversion.

 

In their prayer for relief, the Plaintiff requested that the Court to award actual, compensatory, and consequential damages in an amount to be determined at trial, but no less than $24,257,801, and award punitive damages along with the disgorgement of any profits realized by Defendants from their unauthorized resale of any orders for which Citimark has already paid Defendants in whole or in part pursuant to the Proforma Invoices. The Plaintiff further requested that Court for an injunction to prevent the further unauthorized resale by Defendants of any orders for which Citimark has already paid Defendants in whole or in part pursuant to the Proforma Invoices, and the costs and expenses of this action, including prejudgment and post-judgment interest.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-24394

  • Filing Date:

    12/20/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Roy K. Altman

Referral Judge

Lisette M. Reid

 

Party Details

Plaintiff

Citimark International Limited

Defendants

V10 Global Logistics & Trading Corp.

IMC Europe Sp. Z o.o. sp,K

Attorney/Law Firm Details

Plaintiff Attorneys

Michael Peter De Simone

Attorney at Locke Lord LLP

777 South Flagler Drive, Suite 215 East Tower

West Palm Beach, FL 33401

Michael Wolak, III

Attorney at Locke Lord LLP

Terminus 200, Suite 1200, 3333 Piedmont Road Ne

Atlanta, GA 30305

Defendant Attorney

Joshua E. Rasco

Attorney at Barakat Bossa

2701 Ponce De Leon Blvd, Suite 202

Coral Gables, FL 33134

 

Court Documents

19 #1

Exhibit Exhibit A

19 #19

Main Document

#18

(#18) STANDING DISCOVERY ORDER. Signed by Magistrate Judge Lisette M. Reid on 2/9/2022. See attached document for full details. (pes) (Entered: 02/09/2022)

#17

(#17) ORDER Setting Trial and Pre-Trial Schedule: ( Trial set for 2/13/2023 in Miami Division before Judge Roy K. Altman., Calendar Call set for 2/7/2023 at 1:45 PM in Miami Division before Judge Roy K. Altman., Amended Pleadings due by 3/28/2022., Discovery due by 10/18/2022., Expert Discovery due by 10/18/2022., Joinder of Parties due by 3/28/2022., Mediation Deadline 11/1/2022., In Limine Motions due by 1/9/2023., Motions due by 11/9/2022., Pretrial Stipulation due by 1/30/2023.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 11/1/2022.), ORDER REFERRING CASE to Magistrate Judge Lisette M. Reid for pretrial non-dispositive and discovery matters. Signed by Judge Roy K. Altman on 2/8/2022. See attached document for full details. (pes) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 02/09/2022)

#16

(#16) Defendant's Certificate of Other Affiliates by V10 Global Logistics & Trading Corp. (Rasco, Joshua) (Entered: 02/07/2022)

#15

(#15) Defendant's Corporate Disclosure Statement by V10 Global Logistics & Trading Corp. (Rasco, Joshua) (Entered: 02/07/2022)

14 #1

Text of Proposed Order Setting Civil Trial Date & Pretrial Schedule

14 #14

Main Document

12 #2

Exhibit B

12 #1

Exhibit A

12 #12

Main Document

#11

(#11) ORDER In Cases With Multiple Defendants. Signed by Judge Roy K. Altman on 1/25/2022. See attached document for full details. (pes) (Entered: 01/26/2022)

#10

(#10) ORDER Requiring Scheduling Report and Certificates of Interested Parties. Due by 2/7/2022. Signed by Judge Roy K. Altman on 1/25/2022. See attached document for full details. (pes) (Entered: 01/26/2022)

9 #1

Exhibit Exhibit A

9 #9

Main Document

1 #3

Summon(s)

1 #2

Summon(s)

1 #1

Civil Cover Sheet

21 More Documents Available
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Docket Entries

  • 02/16/2022
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  • Docket(#19) Defendant's MOTION to Dismiss #12 Amended Complaint/Amended Notice of Removal by V10 Global Logistics & Trading Corp.. Responses due by 3/2/2022 (Attachments: #1 Exhibit Exhibit A)(Rasco, Joshua) (Entered: 02/16/2022)

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  • 02/09/2022
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  • Docket(#18) STANDING DISCOVERY ORDER. Signed by Magistrate Judge Lisette M. Reid on 2/9/2022. See attached document for full details. (pes) (Entered: 02/09/2022)

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  • 02/08/2022
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  • Docket(#17) ORDER Setting Trial and Pre-Trial Schedule: ( Trial set for 2/13/2023 in Miami Division before Judge Roy K. Altman., Calendar Call set for 2/7/2023 at 1:45 PM in Miami Division before Judge Roy K. Altman., Amended Pleadings due by 3/28/2022., Discovery due by 10/18/2022., Expert Discovery due by 10/18/2022., Joinder of Parties due by 3/28/2022., Mediation Deadline 11/1/2022., In Limine Motions due by 1/9/2023., Motions due by 11/9/2022., Pretrial Stipulation due by 1/30/2023.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 11/1/2022.), ORDER REFERRING CASE to Magistrate Judge Lisette M. Reid for pretrial non-dispositive and discovery matters. Signed by Judge Roy K. Altman on 2/8/2022. See attached document for full details. (pes) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 02/09/2022)

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  • 02/07/2022
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  • Docket(#16) Defendant's Certificate of Other Affiliates by V10 Global Logistics & Trading Corp. (Rasco, Joshua) (Entered: 02/07/2022)

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  • 02/07/2022
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  • Docket(#15) Defendant's Corporate Disclosure Statement by V10 Global Logistics & Trading Corp. (Rasco, Joshua) (Entered: 02/07/2022)

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  • 02/07/2022
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  • Docket(#14) Joint SCHEDULING REPORT - Rule 16.1 by Citimark International Limited (Attachments: #1 Text of Proposed Order Setting Civil Trial Date & Pretrial Schedule)(De Simone, Michael) (Entered: 02/07/2022)

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  • 02/05/2022
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  • Docket(#13) PAPERLESS ORDER denying as moot #9 the Motion to Dismiss in light of #12 the First Amended Complaint. Signed by Judge Roy K. Altman on 2/4/2022. (kmz) (Entered: 02/05/2022)

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  • 02/02/2022
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  • Docket(#12) First AMENDED COMPLAINT against IMC Europe Sp. Z o.o. sp,K, V10 Global Logistics & Trading Corp., filed by Citimark International Limited. (Attachments: #1 Exhibit A, #2 Exhibit B)(De Simone, Michael) (Entered: 02/02/2022)

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  • 01/25/2022
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  • Docket(#11) ORDER In Cases With Multiple Defendants. Signed by Judge Roy K. Altman on 1/25/2022. See attached document for full details. (pes) (Entered: 01/26/2022)

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  • 01/25/2022
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  • Docket(#10) ORDER Requiring Scheduling Report and Certificates of Interested Parties. Due by 2/7/2022. Signed by Judge Roy K. Altman on 1/25/2022. See attached document for full details. (pes) (Entered: 01/26/2022)

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  • 01/19/2022
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  • Docket(#9) Defendant's MOTION to Dismiss #1 Complaint, by V10 Global Logistics & Trading Corp.. Attorney Joshua E. Rasco added to party V10 Global Logistics & Trading Corp.(pty:dft). Responses due by 2/2/2022 (Attachments: #1 Exhibit Exhibit A)(Rasco, Joshua) (Entered: 01/19/2022)

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  • 01/04/2022
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  • Docket(#8) SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Citimark International Limited. V10 Global Logistics & Trading Corp. served on 12/29/2021, response/answer due 1/19/2022. (De Simone, Michael) (Entered: 01/04/2022)

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  • 12/27/2021
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  • Docket(#7) ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael Wolak, III, Esq. Signed by Magistrate Judge Lisette M. Reid on 12/27/2021. See attached document for full details. (pes) (Entered: 12/28/2021)

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  • 12/21/2021
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  • Docket(#6) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael Wolak, III. Filing Fee $ 200.00 Receipt # AFLSDC-15264183 by Citimark International Limited. Responses due by 1/4/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(De Simone, Michael) (Entered: 12/21/2021)

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  • 12/20/2021
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  • Docket(#5) Bar Letter re: Admissions sent to attorney Michael Wolak III, mailing date December 20, 2021. (cw) (Entered: 12/20/2021)

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  • 12/20/2021
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  • Docket(#4) Corporate Disclosure Statement by Citimark International Limited identifying Corporate Parent Xindongsen Group Co., Ltd. for Citimark International Limited (De Simone, Michael) (Entered: 12/20/2021)

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  • 12/20/2021
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  • Docket(#3) Summons Issued as to IMC Europe Sp. Z o.o. sp,K, V10 Global Logistics & Trading Corp.. (amb) (Entered: 12/20/2021)

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  • 12/20/2021
  • Docket(#2) Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (amb) (Entered: 12/20/2021)

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  • 12/20/2021
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  • Docket(#1) COMPLAINT against IMC Europe Sp. Z o.o. sp,K, V10 Global Logistics & Trading Corp.. Filing fees $ 402.00 receipt number AFLSDC-15261070, filed by Citimark International Limited. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(De Simone, Michael) (Entered: 12/20/2021)

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