IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case No. 1:20-cv-23235-RNS

LEZER CORP.

a Delaware corporation,

 Plaintiff,

v.

NOBLE PARTNERS LLC,

a Maine limited liability company, d/b/a

NOBLE MEDICAL SUPPLY;

SEAN GRADY, an individual,

 Defendants.

____________________________________/

PLAINTIFF’S NOTICE OF JOINT LIABILITY

Plaintiff, LEZER CORP., a Delaware corporation (“Plaintiff” or “Lezer”), by and through 

undersigned counsel, by and through undersigned counsel, pursuant to this Court’s Order on 

Default Judgment Procedure [D.E. 20], hereby files its Notice of Joint Liability concerning

Defendants, SEAN GRADY (“Grady”) and NOBLE PARTNERS LLC d/b/a NOBLE MEDICAL 

SUPPLY (“Noble”) (collectively, “Defendants”), and in support thereof states as follows: 

NATURE OF ALLEGATIONS

On August 4, 2020, the Plaintiff commenced the instant action against the Defendants[D.E. 

1], as amended on August 13, 2020 (the “Amended Complaint”) [D.E. 8] for breach of contract, 

conversion, fraud, unjust enrichment, piercing the corporate veil, civil conspiracy, constructive 

trust and civil theft for a stolen Deposit.1

1 All capitalized terms not otherwise defined herein shall have the same meaning as ascribed to 

them in the Plaintiff’s Amended Complaint [D.E. 8].

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In particular, on or about May 11, 2020, in the middle of the COVID-19 pandemic, Lezer 

wired Noble the total sum of $108,000.00 for an initial deposit (“Deposit”) pursuant to an 

agreement between Lezer and Noble for the supply of 216,000 units of the 70% Isopropyl PharmaC- Wipes (“Alcohol Wipes”) to Lezer by May 18, 2020 (“Agreement”). Despite Noble’s obligation 

to deliver the 216,000 units of Alcohol Wipes by May 18, 2020, Noble only delivered a total of 

only 14,400 units of Alcohol Wipes, or approximately 5% of what was supposed to be delivered 

pursuant to the Agreement. Further, despite due demand, Noble and Grady refused and failed to 

deliver the balance of the Alcohol Wipes or return the Deposit. Subsequent to entering to the 

Agreement, Lezer learned that Grady had been previously indicted in or around June 2019 in 

Cumberland County Superior Court in Maine on criminal charges of securities fraud, theft by 

deception, and selling securities without a license. In its Amended Complaint, Plaintiff alleges 

that Grady ran Noble as a mere front and alter-ego to advance his criminal fraud enterprise and 

hide his identity and that Grady committed fraud by failing to disclose his criminal history and

making a false statement of material fact when he promised Lezer that Noble would deliver the 

216,000 units of Alcohol Wipes pursuant to the Agreement. Grady and Noble unlawfully and 

knowingly obtained or used (as defined by Fla Stat. § 812.014(1)(a)-(b)) the property of Plaintiff 

(e.g., the Deposit) with the intent to permanently or temporarily deprive the Plaintiff of such money 

and for Defendants’ own personal use, in violation of Fla. Stat. § 812.014(1)(a)-(b). Further, Noble 

and Grady asserted unlawful control and dominion over the Deposit and their collective unlawful 

and unauthorized acts have permanently deprived Lezer of the Deposit, and therefore have caused 

Lezer to suffer damages.

DEFENDANTS’ LIABILITY

Both Defendants have been defaulted [D.E. 19]. The Court’s entry of default against the 

defaulting Defendants concedes the truth of the allegations of the Complaint as to its liability. See 

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Nishimatsu Constr. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975) (“The 

defendant, by his default, admits the plaintiff’s well-pleaded allegations of fact . . . .”). When the 

court determines that a defendant is in default, the factual allegations of the complaint are taken as 

true and this rule applies whether the complaint seeks legal or equitable relief. Fed. Trade Comm'n 

v. Kitco of Nevada, Inc., 612 F.Supp. 1282 (D.C.Minn.1985). Here, Plaintiff’s well-plead 

Amended Complaint adequately states a claim for which relief may be granted. Houston Nat’l 

Bank, 515 F.2d at 1206. 

Plaintiff’s Amended Complaint adequately alleges a claim for conversion, fraud, unjust 

enrichment, and civil conspiracy against both Defendants concerning the Deposit and sets forth 

the damages owed by the Defendants to the Plaintiff. As a result of their default, Defendants

concede that they intentionally converted Plaintiff’s ownership of the Deposit, which wrongfully 

deprived Plaintiff of its ownership, causing a direct and proximate loss of property and money. 

Accordingly, Plaintiff is entitled to a default judgment against Defendants for conversion. Further, 

Plaintiff provided a benefit to Defendants, i.e. the Deposit, which was voluntarily accepted by 

Defendants. Defendants retained the Deposit but failed to tender the balance of the Alcohol Wipes. 

Accordingly, Plaintiff is also entitled to a default judgment against Defendants for unjust 

enrichment.

The actual damages suffered by Plaintiff by virtue of the conversion of the Deposit is 

$108,000. Plaintiff alleges that Grady ran Noble as a mere front, instrumentality, and alter-ego to 

advance his criminal fraud enterprise and hide his identity. Further, Plaintiff alleges that 

Defendants conspired to intentionally deprive Plaintiff of the Deposit, as required to assert a claim 

of civil theft in violation of Florida Statute § 812.04. Pursuant to Florida Statute § 772.11, Plaintiff

is entitled to $324,000.00 calculated as trebled actual damages, along with its attorneys’ fees. 

Defendants’ intentional deprivation of Plaintiff’s property justifies an award of trebled damages.

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A plaintiff which is successful in a civil theft action is entitled to an award of attorney’s fees and 

costs are provided under Fla. Stat. § 772.11. See Wakefield v. Cordis Corp., 304 Fed.Appx. 804, 

807 (11th Cir. 2008); Allstate Ins. Co. v. Palterovich, 653 F.Supp. 2d 1306, 1335 (S.D.Fla.2009). 

Here, the Clerk’s Default entered against both Defendants renders the allegations admitted and 

Plaintiff successful in this action. Accordingly, Plaintiff is entitled to an award of fees and costs 

under § 772.11.

Having not appeared, Defendants are deemed to have admitted the well-pleads facts set 

forth in the Amended Complaint. As set forth in the Amended Complaint, the Defendants are 

jointly and severally liable for the damages suffered by Plaintiff. See Fla. Stat. § 768.81(3).

Plaintiff states that there is no possibility of inconsistent liability between the Defendants as the 

claims are asserted equally against both Defendants and both have been defaulted. Thus, there is 

no risk of entering a judgment against both Defendants as neither will prevail on the merits. See 

Gulf Coast Fans, Inc. v. Midwest Elecs. Importers, Inc., 740 F.2d 1499, 1512 (11th Cir. 1984).

Dated: October 25, 2020, Respectfully submitted,

READ LAW PLLC

Co-Counsel to Plaintiff

25 SE 2nd Avenue, Eighth Floor

Miami, Florida 33131

Phone: (305) 209-2131

asr@alexisreadlaw.com

By: /s/ Alexis S. Read

Alexis S. Read, Esq.

Fla. Bar No. 98084

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on October 25, 2020, a true and correct copy of the foregoing 

was served via e-mail to those parties required to receive e-mail service pursuant to Fla. R. Jud. 

Admin. 2.516, and/or by U.S. Mail to all parties on the CM/ECF Service List:

Sean Grady

12 Wellstone Drive

Portland, ME 04013

Noble Partners LLC 

d/b/a Noble Medical Supply

Attn: Sean Grady, President

12 Wellstone Drive

Portland, ME 04013

By: /s/ Alexis S. Read

Alexis S. Read, Esq.

Fla. Bar No. 98084

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