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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 1:21-cv-23103-BLOOM

CASA EXPRESS CORP, as Trustee of

CASA EXPRESS TRUST,

Judgment Creditor,

v.

BOLIVARIAN REPUBLIC OF 

VENEZUELA,

Judgment Debtor.

/

CASA EXPRESS CORP, as Trustee of

CASA EXPRESS TRUST,

Plaintiff,

v.

RAUL GORRIN BELISARIO, et al. 

Impleaded Defendants.

 /

PLAINTIFF AND JUDGMENT CREDITOR’S RESPONSE TO RAUL GORRIN 

BELISARIO’S MOTION TO VACATE CLERK’S DEFAULT UNDER RULE 55(c)

Out of an abundance of caution, Plaintiff and Judgment Creditor Casa Express Corp, as 

Trustee of Casa Express Trust (“Casa Express”) responds to Impleaded Defendant Raul Gorrin 

Belisario’s (“Gorrin”) Motion to Vacate Clerk’s Default Under Rule 55(c) (the “Motion”). 

On November 30, 2022, the Court entered an Order [ECF No. 105] granting in part and 

denying in part Casa Express’s Motion for Partial Modification and Clarification [ECF No. 77]

that makes the Clerk’s Defaults entered against Gorrin and Claudia Patricia Diaz Guillen 

(“Guillen”) moot. The Order requires Casa Express to re-serve Gorrin and Guillen with their 

respective Notices to Appear and to provide them with 21 days to respond to the Amended Ex 

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Parte Motion to Commence Proceedings Supplementary, to Implead Defendants, and for Issuance 

of Statutory Notices to Appear (the “Amended Motion”):

2. Plaintiff shall serve previously issued Notices to Appear to 

Impleaded Defendants Belisario and Guillen in compliance with 

Chapter 48, Florida Statutes.

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4. Impleaded Defendants Belisario and Guillen shall respond to the 

Amended Ex Parte Motion within 21 days of service of the 

statutory notices to appear and the Amended Ex Parte Motion. 

[ECF No. 105] at ¶¶ 2;4 (emphasis added). Although Casa Express had already properly served 

Gorrin and Guillen, it will re-serve them with their respective Notices to Appear, the Amended 

Motion, and the Court’s Order to advise them that they must file a response to the Amended Motion 

within 21 days of service. For this reason, Casa Express respectfully requests that the Court deny 

the motion as moot.

The Court should also deny the Motion because it violates the conferral requirement

prescribed by local rule 7.1(a)(3). “The purpose of the rule is to ensure judicial economy and

prevent courts from considering issues the parties could agree on independently, and to ascertain

whether the Court need wait for a response from the opposing party before deciding the motion.”

Martinez v. Miami Children's Health Sys., Inc., No. 21-CV-22700, 2022 WL 1469413, at *2 (S.D.

Fla. May 10, 2022) (J. Bloom). Here, Casa Express would have agreed to vacating the default and

granting Gorrin an extension of time to respond to the Amended Motion. The Court should deny

the Motion for Gorrin’s failure to confer. See Jurado v. Wells Fargo, N.A., No. 19-CV-60001, 

2019 WL 8884614, at n. 1 (S.D. Fla. Mar. 19, 2019) (“Plaintiffs failed to confer under Local Rule 

7.1 prior to filing the Motion, and it is thus due to be denied upon this basis alone”) (J. Bloom).

WHEREFORE, Plaintiff and Judgment Creditor Casa Express Corp, as Trustee of Casa 

Express Trust, respectfully requests that the Court deny the Motion to Vacate Clerk’s Default 

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Under Rule 55(c) as moot and for violating the conferral requirement prescribed by S.D. Fla. L. 

R. 7.1(a)(3).

Dated: December 15, 2022 Respectfully submitted,

GAMARDO, P.A.

1200 Brickell Avenue, Suite 750

Miami, Florida 33131

Tel: (305)542-6626

/s/ Andres Gamardo

Andres Gamardo, Esq. 

Florida Bar No.: 1021165

Email: agamardo@gamardolaw.com

Attorney for Casa Express Corp, as Trustee 

of Casa Express Trust

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CERTIFICATE OF SERVICE

I hereby certify that on December 15, 2022, I authorized the electronic filing of the 

foregoing with the Clerk of the Court using the CM/ECF system. 

By: /s/ Andres Gamardo

 Andres Gamardo, Esq.

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