Confederate Motors, Inc. v. Terny, et al
| Confederate Motors, Inc. |
| Francois-Xavier Terny, Nick Apostomtos, Samir Bader, Frank Basile, Barclays Capital Inc, Edward Bell, John Cali, Centurion Capital Hedge Fund LP, Paolo Chiaia, Citigroup Global Markets Inc, George G Cobleigh, Brenda L Lewis, Robert D'Anton, Romain Daumont, Bart De Gregorio, Gerard Dente, Salvatore Fichera, Focus Tech Investments Inc, Thierry Fournier, Gabrielle Giardina, Christopher Giardina, Salvatore Giardina, Sean M Goodrich, Barry Guilino, Hariri Family Limited Partnership, Arthur A Hebron, Timothy Hood, Andrew Hunter, Andy Kamel, Edward Koopman, Joseph Lobuono, Magid & Co, Ed Jacobs, Anthony Marino, Joe Marillo, Oldenway 2, Vincent Pace, Daniel Pacthod, Penson Financial Services Inc, Marc Perrin, RBC Trustees (CI) Limited, Dennis Rodman, RSC Affiliated Businesses, LLC, Laurence Rudolph, SC Iena, Scottrade Inc, Laurence Torsiello, Marc E Wexler, William Wolkstein, Darren Prince, Saverio Pugliese, Merrill Lynch and Oldenway 1 |
| 2:2010cv00919 |
| April 8, 2010 |
| US District Court for the Northern District of Alabama |
| Southern Office |
| Jefferson |
| William M Acker |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity - Stockholders Suits |
| None |
Docket Report
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| Document Text |
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ORDER Finding as Moot #81 Motion to Quash. Signed by Judge William M. Acker, Jr. on 1/23/12.(RKV)
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| Filing 83 Brief in support of Motion to Quash by Gentry C Turner. (Turner, G) Modified text on 1/20/2012 (KGE, ). |
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Filing 82
ORDER TO SHOW CAUSE w/i 7 calendar days why the purported motion to quash should not be dismissed without prejudice or deemed moot. Signed by Judge William M Acker, Jr on 1/13/12. (ASL)
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| Filing 81 MOTION to Quash subpoena by Gentry C Turner. (Turner, G) |
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Filing 80
ORDER transferring case to another district: ORDER transferring case to the District of Massachusetts, Boston Division; original electronic record will be e-mailed to Clerk of Court 10 business days from this date. Signed by Judge William M Acker, Jr on 1/24/11. (KGE)
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| Minute Entry for proceedings held before Judge William M Acker, Jr: Motion Hearing held on 1/21/2011 re #76 Motion to Enforce Forum Selection Clause filed by Francois-Xavier Terny; argument heard; written order to be entered by court. (Court Reporter Leah Turner) (KWC) |
| Filing 79 Brief re #76 MOTION to Dismiss Motion to Enforce Forum Selection Clause Defendant's Reply Brief in Support of Motion to Enforce Forum Selection Clause. (McDuff, Laurence) |
| Filing 78 RESPONSE to Motion re #76 MOTION to Dismiss Motion to Enforce Forum Selection Clause filed by Confederate Motors, Inc.. (Turner, G) |
| Filing 77 NOTICE of Hearing on Motion: #76 Motion to Enforce Forum Selection Clause. Motion Hearing set for Friday, 1/21/2011 at 09:00 AM before Judge William M Acker Jr., Hugo Black US Courthouse, 4-B, Birmingham, AL.(KWC) |
| Filing 76 MOTION to Enforce Forum Selection Clause by Francois-Xavier Terny. (McDuff, Laurence) Modified text on 12/13/2010 (KGE) |
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Filing 75
MEMORANDUM OPINION AND ORDER Plas motion to dismiss all claims as against allremaining dfts except Terny is GRANTED. The action as against all dfts except Terny is DISMISSED WITH PREJUDICE. Ternys motion to dismiss and to disallow the amendment is DENIED, and plas motion for leave to amend is GRANTED, and the amendment DEEMED filed. Plas motion for default is MOOT. Terny shall answer the amended complaint within fourteen (14) days. Motions terminated: #64 MOTION for Default Judgment as to SC Iena filed by Confederate Motors, Inc., #71 MOTION to Dismiss counts I and II and various defendants filed by Confederate Motors, Inc., #20 MOTION to Dismiss for Lack of Jurisdiction filed by Francois-Xavier Terny, #70 MOTION to Amend/Correct complaint filed by Confederate Motors, Inc. Signed by Judge William M Acker, Jr on 11/29/10. (KGE)
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| Motion Docket cancelled. (KWC) |
| Filing 74 REPLY to Response to Motion re #70 MOTION to Amend/Correct complaint filed by Confederate Motors, Inc.. (Turner, G) |
| Filing 73 NOTICE of Hearing on Motions: doc #20, #45, #64, #70 and #71; Motion Hearing set for Friday, 11/19/2010 at 09:00 AM in Hugo L Black US Courthouse, Birmingham, 4-B, AL before Judge William M Acker Jr. (KWC) |
| Filing 72 RESPONSE in Opposition re #70 MOTION to Amend/Correct complaint Opposition to Motion for Leave to Amend filed by Francois-Xavier Terny. (McDuff, Laurence) |
| Filing 71 MOTION to Dismiss counts I and II and various defendants by Confederate Motors, Inc.. (Turner, G) |
| Filing 70 MOTION to Amend/Correct complaint by Confederate Motors, Inc.. (Attachments: #1 Exhibit amended complaint, #2 Exhibit g to amended complaint, #3 Exhibit h to amended complaint, #4 Exhibit i to amended complaint)(Turner, G) |
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Filing 69
ORDER Confederates request for a continuance is GRANTED. Confederate is ORDERED to hold a valid shareholders meeting on or before 10/29/10. Failure to do so will result in a dismissal, unless Confederate, before that date, either: (1) obtains entries of default against the owners of a majority of itsshares; or (2) otherwise reaches a resolution of the issues at a shareholders meeting. NO FURTHER EXTENSIONS WILL BE GRANTED. All pending motions shall be deferred. Signed by Judge William M Acker, Jr on 8/25/10. (KGE)
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| Filing 68 RESPONSE to re #67 show cause order filed by Confederate Motors, Inc.. (Turner, G) |
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Filing 67
ORDER In accordance with this courts order issued 8/9/10, the action is DISMISSED W/PREJ for want of prosecution as against the following dfts: NickApostomtos, Samir Bader, John Cali, Robert DAnton, Salvatore Fichera, Gabrielle Giardina, Christopher Giardina, Salvatore Giardina, Barry Guilino, Hariri Family Limited Partnership, Andrew Hunter, Andy Kamel, Joseph Lobuono, Magid & Co., Vincent Pace, Daniel Pacthod, Dennis Rodman, Laurence Rudolph, Laurence Torsiello, Marc E. Wexler, William Wolkstein, Darren Prince, andSaverio Pugliese. The court notes from a story published in the 8/11/10, edition of The Birmingham News, that pla has moved to New Orleans. The court had been informed by pla that a stockholders meeting would be held on 7/29/10. Pla shall show cause by 8/23/10, if it can do so, why the action is not moot. Meanwhile, all pending motions shall be deferred. Signed by Judge William M Acker, Jr on 8/17/10. (KGE)
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| Mail Returned as Undeliverable. Mail sent to Paolo Chiaia, Milan, Italy. (FNC) |
| Summons Returned Unexecuted as to Paolo Chiaia. Mail returned. (FNC) |
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Filing 66
ORDER that pla has failed to obtain service on numerous dfts; pursuant to Rule 4(m), this action against said dfts will be dismissed for want of prosecution unless pla shows good cause w/i 7 days, or obtains service; Signed by Judge William M Acker, Jr on 8/9/2010. (BST)
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| Filing 65 RESPONSE to Show Cause Order filed by Francois-Xavier Terny. (McDuff, Laurence) |
| Filing 64 MOTION for Default Judgment as to SC Iena by Confederate Motors, Inc.. (Turner, G) |
| Filing 63 Clerk's ENTRY OF DEFAULT as to SC Iena (ASL) (Additional attachment(s) added on 8/5/2010: # 1 main document) (ASL ) |
| Filing 62 MOTION for Entry of Default SC Iena by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
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Filing 61
ORDER Pursuant to the motion to voluntarily dismiss dfts, Oldenway I and Oldenway II, filed by pla, Confederate Motors, Inc., on 7/28/10, the action is DISMISSED W/O PREJ as to said dfts. The case shall proceed as to the remaining dfts. The costs are taxed as paid as between the parties affected. Motions terminated: #60 MOTION to Dismiss Oldenway I and Oldenway II. Signed by Judge William M Acker, Jr on 7/29/10. (KGE)
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| Filing 60 MOTION to Dismiss Oldenway by Confederate Motors, Inc.. (Turner, G) |
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Filing 59
ORDER Confederate Motors has failed to take an entry of default againstdft Goodrich. Confederate Motors not having done so, the action as against Goodrich is DISMISSED WITH PREJ for want of prosecution. Signed by Judge William M Acker, Jr on 7/23/10. (KGE)
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Filing 58
ORDER Pla shall, within fourteen (14) days, file for an entry of default by the Clerk against dft, SC Iena, or show cause in writing why said action as against said dft should not be dismissed for want of prosecution. Signed by Judge William M Acker, Jr on 7/23/10. (KGE)
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Filing 57
ORDER Pursuant to the motion to voluntarily dismiss dfts, Scottrade, Inc., Penson Financial Services, Inc., Focus Tech Investments, Inc., Merrill Lynch, and Citigroup Global Markets, Inc., filed by pla, Confederate Motors, Inc., on 7/23/10, the action is DISMISSED W/O PREJ as to said dfts. The case shall proceed as to the remaining dfts. The costs are taxed as paid as between the parties affected. Signed by Judge William M Acker, Jr on 7/23/10. (KGE)
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| Filing 56 MOTION to Dismiss Institutional defendants by Confederate Motors, Inc.. (Turner, G) |
| Filing 55 Transcript of Proceedings held on June 11, 2010, before Judge William M Acker Jr. Court Reporter/Transcriber Leah Turner, Telephone number 205-278-1780. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/12/2010. Redacted Transcript Deadline set for 8/23/2010. Release of Transcript Restriction set for 10/20/2010. (KGE) |
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ORDER granting and ordering accordingly #54 Motion for Extension of Time to show cause. Deadline extended to August 6, 2010. Signed by Judge William M. Acker, Jr. on 07/12/10. (SKB)
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| Filing 54 MOTION for Extension of Time Unopposed Motion for Extension of Time to Show Cause by Francois-Xavier Terny. (McDuff, Laurence) |
| Filing 53 SUMMONS Returned Executed SC Iena served on 6/30/2010, answer due 7/21/2010. (KGE) |
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Filing 52
ORDER Pursuant to the motion to voluntarily dismiss dft, Barclays Capital, Inc., filed by pla, Confederate Motors, Inc., on 7/5/10, the action is DISMISSED WITHOUT PREJUDICE as to said dft. The case shall proceed as to the remaining dfts. The costs are taxed as paid as between the parties. Signed by Judge William M Acker, Jr on 7/6/10. (KGE)
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| Filing 51 MOTION to Withdraw #45 MOTION for Default Judgment as to Barclays Capital by Confederate Motors, Inc. (Turner, G) Modified text on 8/17/2010 (KWC) |
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Filing 50
ORDER granting #49 Motion for Extension of Time to take entry of default; Confederate is ORDERED to take an entry of default as against the mentioned dfts on or before 7/16/10. Failure to do so will result in a dismissal for want of prosecution as against said dfts. NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by Judge William M Acker, Jr on 7/2/10. (KGE)
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| Filing 49 MOTION for Extension of Time by Confederate Motors, Inc.. (Turner, G) |
| Filing 47 Summons Issued as to Paolo Chiaia, Romain Daumont, Thierry Fournier, Edward Koopman, Oldenway 1, Oldenway 2, Marc Perrin, RBC Trustees (CI) Limited, SC Iena (mailed Registered Internation Mail) (KGE) |
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Filing 46
ORDER TO SHOW CAUSE that dft Terney shall show cause by 7/9/2010 why dflt jgm should not be entered against dfts Show Cause Response due by 7/9/2010.. Signed by Judge William M Acker, Jr on 6/21/2010. (KAM, )
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| Filing 45 MOTION for Default Judgment as to Bell, Hebron, Hood, DeGregorio, Dente, Basile, Marino, RSC Affiliated, Barclays, Centurion, Marillo, Cobleigh, Lewis, Jacobs by Confederate Motors, Inc.. (Turner, G) |
| Filing 44 Clerk's ENTRY OF DEFAULT as to Barclays Capital Inc, Frank Basile, Edward Bell, Centurion Capital Hedge Fund LP, George G Cobleigh, Bart De Gregorio, Gerard Dente, Arthur A Hebron, Timothy Hood, Ed Jacobs, Brenda L Lewis, Joe Marillo, Anthony Marino, RSC Affiliated Businesses, LLC (KGE) |
| Filing 43 MOTION for Extension of Time to apply for defaults by Confederate Motors, Inc.. (Turner, G) |
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ORDER granting and ordering accordingly #43 Motion for Extension of Time to Take Entry of Default Against Defendants Scottrade, Inc.; Penson Financial Services, Inc.; Focus Tech Investments, Inc.; Merrill Lynch, Citigroup Global Markets, Inc.; and Sean Goodrich. Plaintiff has until July 2, 2010 to taken entry of default against said defendants. Signed by Judge William M. Acker, Jr. on 6/18/2010. (AI1)
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| Filing 42 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 41 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 40 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 39 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 38 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 37 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 36 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 35 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 34 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 33 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 32 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 31 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 30 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 29 MOTION for Entry of Default by Confederate Motors, Inc.. (Attachments: #1 Affidavit)(Turner, G) |
| Filing 48 Minute Entry for proceedings held before Judge William M Acker, Jr: Motion Hearing held on 6/11/2010 re #20 MOTION to Dismiss for Lack of Jurisdiction filed by Francois-Xavier Terny; arguments heard; (Court Reporter Leah Turner) (KWC) dft presented exh #1 to be filed with court per oral order of WMA; Modified text on 6/23/2010 (KWC) exh added (KWC, ). |
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Filing 28
ORDER For the reasons articulated this day in open court, this courts order of 5/26/10 is AMENDED to allow pla until 4:30 p.m. on 6/18/10 to file for entries of default against the dfts named in this courts order of 5/26/10.Failure to do so will result in a dismissal for want of prosecution against said dfts. Signed by Judge William M Acker, Jr on 6/11/10. (KGE)
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| Filing 27 RESPONSE TO ORDER TO SHOW CAUSE by Confederate Motors, Inc.. (Turner, G) |
| Filing 26 Summons Returned Unexecuted as to Barry Guilino (Unclaimed) (KGE) |
| Filing 25 Summons Returned Unexecuted as to Magid & Co. (Not deliverable as addressed - Unable to forward) (KGE) |
| Filing 24 RESPONSE to Motion re #20 MOTION to Dismiss for Lack of Jurisdiction filed by Confederate Motors, Inc.. (Attachments: #1 Exhibit documents)(Turner, G) |
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Filing 23
ORDER From the records of this court it appears that more than twenty-one (21) days have elapsed since certain dfts were served with the summons and complaint; Pla shall, within fourteen (14) days, file for entries of default by the Clerk against said dfts or show cause in writing why this action as against said dfts should not be dismissed for want of prosecution. Signed by Judge William M Acker, Jr on 5/26/10. (KGE)
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| Filing 22 Summons Returned Unexecuted as to Daniel Pacthod (No Such Number) (KGE) |
| Filing 21 NOTICE of Hearing on Motion: #20 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for Friday, 6/11/2010 at 09:00 AM before Judge William M Acker Jr, 4-B. (KWC) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction by Francois-Xavier Terny. (McDuff, Laurence) |
| Filing 19 SUMMONS Returned Executed Ed Jacobs served on 5/4/2010, answer due 5/25/2010. (FNC) |
| Filing 18 SUMMONS Returned Executed George G Cobleigh served on 5/4/2010, answer due 5/25/2010; Brenda L Lewis served on 5/1/2010, answer due 5/24/2010. (KGE) |
| Filing 17 SUMMONS Returned Executed Centurion Capital Hedge Fund LP served on 4/28/2010, answer due 5/19/2010; Sean M Goodrich served on 4/26/2010, answer due 5/17/2010; Joe Marillo served on 4/26/2010, answer due 5/17/2010; Francois-Xavier Terny served on 4/24/2010, answer due 5/17/2010; Citigroup Global Markets Inc. (green card signed for but no date on it) (KGE) |
| Filing 16 Summons Issued as to George G Cobleigh, mailed certified mail (KGE) |
| Filing 15 SUMMONS Returned Executed Anthony Marino served on 4/27/2010, answer due 5/18/2010; Merrill Lynch served on 4/26/2010, answer due 5/17/2010; RSC Affiliated Businesses, LLC served on 4/28/2010, answer due 5/19/2010; Barclays Capital Inc served (no date on green card) (KGE) |
| Filing 14 ALIAS Summons Issued as to Ed Jacobs, mailed certified mail (KGE) |
| Filing 13 SUMMONS Returned Executed Bart De Gregorio served on 4/26/2010, answer due 5/17/2010; Gerard Dente served on 4/26/2010, answer due 5/17/2010; Penson Financial Services Inc served on 4/26/2010, answer due 5/17/2010 Frank Basile (no signature or date on green card); Focua Tech Investments Inc (has signature but no date on green card) (KGE) |
| Filing 12 SUMMONS Returned Executed Edward Bell served on 4/26/2010, answer due 5/17/2010; Arthur A Hebron served on 4/26/2010, answer due 5/17/2010; Timothy Hood served on 4/24/2010, answer due 5/17/2010; Scottrade Inc served on 4/26/2010, answer due 5/17/2010. (KGE) |
| Filing 11 Summons Returned Unexecuted as to Ed Jacobs (Moved - Left No Address) (KGE) |
| Filing 10 Summons Issued as to Brenda L Lewis Jtten, mailed certified mail (KGE) |
| Filing 9 Summons Issued as to Andrew Hunter, mailed Priority International Mail (KGE) |
| Filing 8 Summons Issued as to Nick Apostomtos, Samir Bader, Barclays Capital Inc, Frank Basile, Edward Bell, John Cali, Centurion Capital Hedge Fund LP, Citigroup Global Markets Inc, Robert D'Anton, Bart De Gregorio, Gerard Dente, Salvatore Fichera, Focus Tech Investments Inc, Christopher Giardina, Gabrielle Giardina, Salvatore Giardina, Sean M Goodrich, Barry Guilino, Hariri Family Limited Partnership, Arthur A Hebron, Timothy Hood, Ed Jacobs, Andy Kamel, Joseph Lobuono, Magid & Co, Joe Marillo, Anthony Marino, Merrill Lynch, Vincent Pace, Daniel Pacthod, Penson Financial Services Inc, Darren Prince, Saverio Pugliese, RSC Affiliated Businesses, LLC, Dennis Rodman, Laurence Rudolph, Scottrade Inc, Francois-Xavier Terny, Laurence Torsiello, Marc E Wexler, William Wolkstein, mailed certified mail (KGE) |
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Filing 7
ORDER The response filed by pla, Confederate Motors, Inc., to the show cause order entered by the court on 4/12/10, meets the threshold for subject-matter jurisdiction under 28 U.S.C. 1332. Without prejudice to the right of any dfnt to challenge jurisdiction, the Clerk is DIRECTED to prepare summonses in the usual form directed to all dfts at their addresses as now reflected in the second amended complaint. Signed by Judge William M Acker, Jr on 4/20/10. (KGE)
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| Filing 6 SECOND AMENDED COMPLAINT by Confederate Motors, Inc. Amendment to #1 Complaint (Turner, G) Modified text on 4/26/2010 (KGE) |
| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE by Confederate Motors, Inc.. (Attachments: #1 Exhibit stock ticker and case law)(Turner, G) |
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Filing 4
ORDER pla shall show in writing by 4:30 p.m., 4/19/10, a viable basis for subject-matter jurisdiction under 1332 as set out in this order. Signed by Judge William M Acker, Jr on 4/12/10. (KGE)
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| Filing 3 AMENDED COMPLAINT against Francois-Xavier Terny, Nick Apostomtos, Samir Bader, Frank Basile, Barclays Capital Inc, Edward Bell, John Cali, Centurion Capital Hedge Fund LP, Paolo Chiaia, Citigroup Global Markets Inc, George G Cobleigh, Brenda L Lewis Jtten, Robert D'Anton, Romain Daumont, Bart De Gregorio, Gerard Dente, Salvatore Fichera, Focus Tech Investments Inc, Thierry Fournier, Gabrielle Giardina, Christopher Giardina, Salvatore Giardina, Sean M Goodrich, Barry Guilino, Hariri Family Limited Partnership, Arthur A Hebron, Timothy Hood, Andrew Hunter, Andy Kamel, Edward Koopman, Joseph Lobuono, Magid & Co, Ed Jacobs, Anthony Marino, Joe Marillo, Merill Lynch Oldenway 1, Oldenway 2, Vincent Pace, Daniel Pacthod, Penson Financial Services Inc, Marc Perrin, Darren Prince Saverio pugliese, RBC Trustees (CI) Limited, Dennis Rodman, RSC Affiliated Businesses, LLC, Laurence Rudolph, SC Iena, Scottrade Inc, Laurence Torsiello, Marc E Wexler, William Wolkstein filed by Confederate Motors, Inc..(KGE, ) |
| Filing 2 Request for service by certified mail filed by Confederate Motors, Inc.. (KGE) |
| Filing 1 COMPLAINT against Francois-Xavier Terny (Filing fee $350 receipt #B4601011275) filed by Confederate Motors, Inc.. (Attachments: #1 Exhibit)(KGE) |
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