95826-2 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

FT. LAUDERDALE DIVISION

CASE NO. 20-cv-60871-RKA 

ONYX ENTERPRISES INT'L, CORP., a New 

Jersey corporation, 

 Plaintiff, 

v. 

SLOAN INTERNATIONAL HOLDINGS CORP, 

a Florida corporation, and JONATHAN SLOAN, 

individually, 

 Defendants. 

________________________/ 

VERIFIFED STATUS REPORT ON SERVICE OF PROCESS AND COMPLIANCE 

WITH FLA. STAT. § 48.161(1) EITH REQUEST TO DEEM DEFENDANT 

EFFECTIVELY SUBSTITUTE SERVED 

Plaintiff, Onyx Enterprises Int'l, Corp., by and through its undersigned counsel, in 

accordance with Section 48.161 of the Florida Statues and this Court’s Order to Show Cause [DE 

13] verifies that substituted service of process was made on Defendants Jonathan Sloan and 

Sloan International Holdings Corp on July 18, 2020 and as grounds in support states as follows: 

The Florida Secretary of State has the registered agent of Defendant Sloan International 

Holdings Corp’s address as 21397 NW 39TH Avenue, Miami Gardens, FL 33055. The Secretary 

of State also identifies Defendant Jonathan Sloan as the registered agent and indicates his address 

is 21397 NW 39TH Avenue, Miami Gardens, FL 33055. Between May 2, 2020 and May 12, 

2020 three attempts of personal service were made at 21397 NW 39TH Avenue, Miami Gardens, 

FL 33055. (Aff. Non-Serv., Jul.10, 2020 [Composite Exhibit “1”]) 

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After the ineffective service attempts at 21397 NW 39TH Avenue, Miami Gardens, FL 

33055, service at a different address was attempted. This address is where both Defendants were 

served in the prior-related action in the District Court of Colorado, Case No. 1:19-cv-2992-

DDD-KLM. (Returns of Service [Composite Exhibit “2”]) The Colorado Case was dismissed 

after Mr. Sloan sought it to be transferred or dismissed in favor of the Southern District of 

Florida: 

See Mot. Dismiss [Ecf. No. 15] Case No. 1:19-cv-2992-DDD-KLM; Order [Ecf. No. 51] Case 

No. 1:19-cv-2992-DDD-KLM. In fact the alternate address, 21403 NW 39TH Avenue, Miami 

Gardens, FL 33055, is written on the return address on the envelope mailed to the District Court 

of Colorado and the signature block on papers filed by the Defendants in the District Court of 

Colorado: 

*** 

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(Defs. Mot. Dismiss [Ecf. No. 16-1], Case No. 1:19-cv-2992-DDD-KLM) 

Between June 6, 2020 and June 22, 2020 six attempts at personal service were made at 

21403 NW 39TH Avenue, Miami Gardens, FL 33055 (Aff. Non-Serv., Jul.10, 2020 [Composite 

Ex. 1]) During the June 13, 2020 and a July 20, 2020 attempt two vehicles were identified with 

license tags registered to Jonathan Sloan at that address. (R. Domenech Aff. [Exhibit “3”]) No 

person at 21403 NW 39TH Avenue, Miami Gardens, FL 33055 would open the gate, come out, 

or accept service. 

Thereafter, in accordance with Section 48.161 of the Florida Statutes news summons 

were requested and executed for both defendants with the 21403 NW 39TH Avenue, Miami 

Gardens, FL 33055 address. [DE 12] After the new summons were executed, a copy of the 

complaint and summons were sent via certified mail to each Defendant in separate certified mail 

envelopes bearing tracking numbers, 9414814902274990055522 and 

9414814902274990055560. (Cert Mail Rcpt [Composite Exhibit “4”]) The envelope with 

tracking number ending in 5522 included the summons to Jonathan Sloan, individually, which 

was mailed on July 8, 2020, delivery was attempted on July 14, 2020 and has been returned to 

the mail facility for pickup by June 29, 2020. (Tracking History [Exhibit “5”]) The envelope 

with tracking number ending in 5560 included the summons to Jonathan Sloan, as registered 

agent for Sloan International Holdings Corp, which was also mailed on July 8, 2020 and was 

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successfully delivered to an individual that signed for Mr. Sloan at 21403 NW 39TH Avenue, 

Miami Gardens, FL 33055 on July 18, 2020. 

(Proof of Delivery [Exhibit “6”]) After that a final person service attempt was made on July 20, 

2020 at during that attempt at 21403 NW 39TH Avenue, Miami Gardens, FL 33055 female 

inside home refused to open the door and closed the blinds (Aff. Non-Service, Exhibit “7”). 

During the July 20th photos were taken of the house number and the license plates, which have 

been identified as being registered to Mr. Sloan at 21403 NW 39TH Avenue, Miami Gardens, FL 

33055. (R. Domenech Aff. [Ex. 3]) 

Based upon the foregoing, it is clear that both Defendants were concealing their 

whereabouts and that Section 48.161 of the Florida Statutes was complied. 

[S]ubstituted service of process on a Florida resident who is concealing his 

whereabouts, creates an exception to the general rule that the defendant must be 

personally served. The statute contains three requirements: (1) the plaintiff must 

send notice of service and a copy of the process by registered or certified mail to 

the defendant; (2) the plaintiff must file the defendant's return receipt; and (3) the 

plaintiff must file an affidavit of compliance. 

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Smith v. Leaman, 826 So. 2d 1077, 1078 (Fla. 2d DCA 2002). Additionally, under a judicial 

exception, if and when Jonathan Sloan, individually, fails to pick up the certified mail, this Court 

may dispense with the requirement to file the return receipt. Wise v. Warner, 932 So. 2d 591, 593 

(Fla. 5th DCA 2006). 

Here, the due process concerns about lack of notice are eliminated because the address 

where the summons and complaint were delivered on Mr. Sloan as registered agent of Sloan 

International Holdings Corp is the same address he indicated was his address in the prior-filed 

and related Colorado District Court action. Therefore, the Defendants should be deemed served 

via certified U.S. Mail as of July 18, 2020 with their response to the complaint due on Monday, 

August 10, 2020. 

VERIFICATION UNDER PENALTY OF PERJURY

I declare under penalty of perjury that the foregoing is true and correct. 

Executed on July 23, 2020. (Signature) 

______________________________ 

Brandon J. Hechtman, Esquire (88652) 

Respectfully submitted, 

______________________________ 

Brandon J. Hechtman, Esquire (88652) 

BHechtman@wickersmith.com 

WICKER SMITH O’HARA 

 McCOY & FORD, P.A. 

2800 Ponce de Leon Boulevard 

Suite 800 

Coral Gables, FL 33134 

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CASE NO. 20-cv-60871-RKA 

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Telephone: (305) 448-3939 

Facsimile: (305) 441-1745 

Attorneys for Plaintiff 

Pro Hac Vice 

/s/ Aaron Bradford .

Bradford, Esq. 

Prevot, Esq. 

BRADFORD, LTD 

2701 Lawrence St. 

Denver, CO 80205 

Phone: (303) 325-5467 

Fax: (844) 406-5294 

Aaron@apb-law.com

Nina@apb-law.com

Counsel for Plaintiff Onyx Enterprises Int’l, Corp 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the 

Clerk of Court using the CM/ECF system on July 23, 2020, and the foregoing document is being 

served this day on all counsel or parties of record on the Service List below, 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. 

______________________________ 

Brandon J. Hechtman, Esquire 

SERVICE LIST 

Sloan International Holdings Corp 

21403 NW 39TH Avenue 

Miami Gardens, FL 33055 

Jonathan Sloan 

21403 NW 39TH Avenue 

Miami Gardens, FL 33055 

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