Path clear to re-file case in vaccine lawsuit

The way is now clear for Barbadian businessman Mark Maloney to refile a motion for final default judgment against at least two of the defendants in his COVID vaccine fraud case.

According to News Americas Now, Florida judge Aileen M. Cannon ruled on February 17, that Maloney’s Radical Investments company may go ahead and refile the motion after denying an order without prejudice filed earlier by the firm’s attorneys for final default judgment against defendants Moniladai D. Coley and Prestige Pegasus, LLC.

Radical is suing multiple US companies over a loss of millions of dollars intended for an order for COVID-19 vaccines.

Despite earlier declining to order a final default judgment, Judge Cannon ruled that Radical Investment’s motion may, however be refiled against Coley and Prestige Pegasus for final default judgment after its claims against the other defendants listed in the lawsuit have been resolved.

Default judgments arise in circumstances where one party to a suit has failed to perform a court-ordered action, and subsequently that failure has not only prevented the issue from being presented before the court, but also results in the court settling the legal dispute in favor of the compliant party.

The lawsuit was filed last September against Good Vibrations Entertainment LLC, the only Florida-registered limited liability company as well as Charles Z. Stein, ESQ., also known as Charlie Stein; Davidovich Stein Law Group, LLP, a California limited liability partnership and RDS Cargo Group DWC LLC, a United Arab Emirates limited liability company and Alex Lee Moore, Jr., aka Alex Moore, aka Flex Moore of Prestige Pegasus LLC, a Colorado limited liability company as well as Coley.

On February 2, the judge found Coley and Prestige Pegasus, LLC had failed to respond to the complaint or otherwise appear in the action.

She ruled then that the plaintiff, Radical, should file a motion for default final judgment by February 16 which they did.

But on February 17, the judge denied the final order that would have allowed the plaintiff to take the defendants property or money, and/or obtain other relief against the defendants.

Judge Cannon ruled that Radical’s motion “did not seek final default judgment as to Count III, a civil conspiracy claim brought against all defendants”.

Radical must now wait to refile the motion after its claims against the other defendants listed in the lawsuit have been resolved.

Radical Investments says the companies named in its action failed to deliver on an order for the jabs. In its court papers, the company said  that it was deceived and lured into an elaborate scam to advance the sum of US$10.2 million for one million doses of the AstraZeneca vaccine which never materialized.

Meanwhile, Good Vibrations Entertainment LLC has filed a countersuit against Radical Investments, to which the Maloney company now has to respond. The Stein Law Group’s motion is to quash service of summons and dismiss the complaint over lack of personal jurisdiction. In its motion, Stein claims Radical repeats vague allegations, without supporting evidence.

When contacted Thursday afternoon, all Maloney would say was “who knows and who cares”.
emmanueljoseph@barbadostoday.bb