PayProTec Oregon, LLC v. MMZS Ventures, LLC et al
| PayProTec Oregon, LLC and PayProTec Oregon, LLC an Oregon Corporation doing business as Securus Payments |
| Michael Weiss, Factor Funding, LLC, Mendl Chanin, MMZS Ventures, LLC and Does 1-50 |
| Mitchell C. Shapiro |
| 1:2014cv04735 |
| August 8, 2014 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Robert M Levy |
| Jack B Weinstein |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Defendant |
Docket Report
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| Filing 169 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 31, 2017, before Judge Jack B. Weinstein. Court Reporter/Transcriber Georgette K. Betts, Telephone number 718-804-2777. Email address: Georgette_Betts@nyed.uscourts.gov. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/26/2018. Redacted Transcript Deadline set for 3/8/2018. Release of Transcript Restriction set for 5/7/2018. (Betts, Georgette) |
Filing 168
JOINT STIPULATION OF DISMISSAL WITH PREJUDICE. Close the case. Ordered by Judge Jack B. Weinstein on 10/25/2017. (Barrett, C)
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| Filing 167 STIPULATION of Dismissal with Prejudice by Mendl Chanin (Soloveichik, Yitzchak) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Jenice Malecki, Yitzchak Soloveichik, Gregory Bitterman. Counsel report that this case has settled. A stipulation of dismissal shall be filed by 10/20/17.Discovery Hearing held on 10/11/2017 (FTR Log #1:07-1:12.) (Levy, Robert) |
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Filing 166
ORDER granting #162 Motion to Continue. Trial shall commence on November 27, 2017 in Courtroom lOB South at 2:00 p.m. A jury shall be selected before the magistrate judge that morning, at a time set by the magistrate judge. In limine motions and any summary judgment motions shall be heard on November 20 2017, at 10:30 a.m. in Courtroom l0B South. No later than November 3, 2017, the parties shall submit to the court pre-trial submissions. The magistrate judge is respectfully requested to expedite any pending discovery motions so the case will be ready for trial on the date set. Ordered by Judge Jack B. Weinstein on 10/6/2017. (Barrett, C)
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| Filing 165 MOTION to Adjourn Conference scheduled for October 5, 2017 by Mendl Chanin. (Soloveichik, Yitzchak) |
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Filing 164
ENDORSED ORDER granting #160 Motion to Appear by Telephone. Ordered by Judge Jack B. Weinstein on 10/3/2017. (Barrett, C)
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| Filing 163 REPLY in Support re #154 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mendl Chanin. (Soloveichik, Yitzchak) |
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SCHEDULING ORDER: A telephone conference has been scheduled for October 5, 2017 at 4:00 p.m, before the Hon. Robert M. Levy, USMJ at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 10/4/2017. (Marino, Janine)
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ORDER granting #165 Motion to Adjourn Conference. Ordered by Magistrate Judge Robert M. Levy on 10/4/2017. (Marino, Janine)
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SCHEDULING ORDER RE #165 : The telephone conference scheduled for 10/05/17 is adjourned to 10/11/2017 at 1:00 PM before Magistrate Judge Robert M. Levy at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 10/4/2017. (Marino, Janine)
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| Filing 162 Letter MOTION to Adjourn Conference TRIAL by PayProTec Oregon, LLC. (Huber, James) Modified on 10/10/2017 (Barrett, C). |
| Filing 161 RESPONSE in Opposition re #154 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #155 First Motion to Dismiss for Failure to State a Claim NY filed by PayProTec Oregon, LLC. (Huber, James) |
| Filing 160 Motion to Appear by Telephone (for defendant Mendl Chanin to appear telephonically, with in-person appearance by Chanin's counsel) by Mendl Chanin. (Soloveichik, Yitzchak) |
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Filing 159
SCHEDULING ORDER. The court will hear defendants' motion to dismiss the amended complaint on 10/26/2017 at 11:45 a.m. in Courtroom 10B South. No adjournments will be granted. Ordered by Judge Jack B. Weinstein on 9/27/2017. (Barrett, C)
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Filing 158
ORDER Setting Hearing on #153 MOTION for Reconsideration re #151 Trial Management Order re order on no spoliation sanctions. Motion Hearing set for 10/26/2017 at 11:45 AM in Courtroom 10B South. No adjournments will be granted. Ordered by Judge Jack B. Weinstein on 9/26/2017. (Barrett, C)
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| Filing 157 MOTION to Compel Production of Documents and Witnesses by Mendl Chanin. (Soloveichik, Yitzchak) |
| Filing 156 MEMORANDUM in Opposition re #153 MOTION for Reconsideration re #151 Trial Management Order,,,, Set Motion and R&R Deadlines/Hearings,,, re order on no spoliation sanctions filed by Mendl Chanin. (Soloveichik, Yitzchak) |
| Filing 155 First Motion to Dismiss for Failure to State a Claim NY by Michael Weiss. (Bitterman, Gregory) |
| Filing 154 Motion to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 9/29/2017) by Mendl Chanin. (Attachments: #1 Memorandum in Support) (Soloveichik, Yitzchak) |
| Filing 153 MOTION for Reconsideration re #151 Trial Management Order,,,, Set Motion and R&R Deadlines/Hearings,,, re order on no spoliation sanctions by PayProTec Oregon, LLC. (Huber, James) |
| Filing 152 AMENDED COMPLAINT (FIRST) against Mendl Chanin, Does 1-50, MMZS Ventures, LLC, Michael Weiss, filed by PayProTec Oregon, LLC. (Huber, James) |
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Filing 151
ORDER. No monetary sanctions related to spoliation shall be granted. Trial shall commence on 11/6/2017 in Courtroom 1OB South at 2:15 p.m. A jury shall be selected before the magistrate judge that morning, at a time set by the magistrate judge. In limine motions and any summary judgment motions shall be heard on 10/30/2017, at 10:30 a.m. in Courtroom lOB South. No later than 11/3/2017, the parties shall submit to the court pre-trial submissions. Any disputes related to briefing schedules or discovery are respectfully referred to the magistrate judge The magistrate judge is respectfully requested to expedite any pending discovery motions so the case will be ready for trial on the date set. Ordered by Judge Jack B. Weinstein on 8/31/2017. (Barrett, C)
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ORDER ADOPTING REPORT AND RECOMMENDATION. For the reasons stated orally on the record, the magistrate judge's report and recommendation on plaintiff's motion to dismiss Factor Funding, LLC without prejudice (ECF No. #144 ) is adopted. Ordered by Judge Jack B. Weinstein on 8/31/2017. (Barrett, C)
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| Filing 150 Minute Entry for proceedings held before Judge Jack B. Weinstein: Motion Hearing held on 8/31/2017 re #144 REPORT AND RECOMMENDATION re #137 Letter MOTION to Dismiss Factor Funding, LLC filed by PayProTec Oregon, LLC. Counsel for all sides present. Motion argued. Order to be submitted by Court. Case adjourned to 11/6/2017 for trial. In limine motions will be heard on 10/30/2017 at 10:30 am. (Court Reporter G. Betts.) (Barrett, C) |
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Filing 149
ENDORSED ORDER on #147 Letter Requesting Permission to Appear Telephonically filed by PayProTec Oregon, LLC: Granted. Ordered by Judge Jack B. Weinstein on 8/23/2017. (Barrett, C)
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| Filing 148 REPLY in Opposition re #145 Objection to Report and Recommendations filed by PayProTec Oregon, LLC. (Huber, James) |
| Filing 147 Letter Requesting Permission to Appear Telephonically by PayProTec Oregon, LLC (Huber, James) |
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Filing 146
ORDER Setting Hearing on #137 MOTION to Dismiss Factor Funding, LLC, #145 Objection to Report and Recommendation. Hearing set for 8/31/2017 at 11:00 AM in Courtroom 10B South. Ordered by Judge Jack B. Weinstein on 8/14/2017. (Barrett, C)
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| Filing 145 OBJECTION to #144 Report and Recommendations on Plaintiff's motion to dismiss defendant Factor Funding filed by Mendl Chanin. (Soloveichik, Yitzchak) |
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Filing 144
REPORT AND RECOMMENDATION: By letter motion filed April 21, 2017, plaintiff and cross-defendant PayprotecOregon, LLC d/b/a Securus Payments moves to voluntarily dismiss defendant Factor Funding, LLC from this case. Defendants Factor Funding, Mendl Chanin, and MMZS Ventures, LLC (together, the Chanin defendants) oppose the motion. By order dated May 25, 2017, the Honorable Jack B. Weinstein, Senior United States District Judge, referred plaintiffs motion to me for a report and recommendation. For the reasons stated in the attached Report & Recommendation, I respectfully recommend that plaintiff's motion to voluntarily dismiss defendant Factor Funding be granted, and that plaintiff be directed to serve and file an amended complaint. Objections to this Report and Recommendation must be filed within fourteen (14) days, with courtesy copies to Judge Weinstein and to my chambers, in ord to preserve appellate review. See 28 U.S.C. 636(b)(1).Ordered by Magistrate Judge Robert M. Levy on 7/24/2017. (Marino, Janine)SEE ATTACHED REPORT & RECOMMENDATION FOR DETAILS.
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ORDER withdrawing #141 Report and Recommendations. In light of the parties' recent submissions, the Report and Recommendation dated June 12, 2017 is hereby withdrawn. A revised Report and Recommendation will issue shortly. Ordered by Magistrate Judge Robert M. Levy on 6/28/2017. (Marino, Janine)
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| Filing 143 RESPONSE to Motion re #141 REPORT AND RECOMMENDATIONS re #137 Letter MOTION to Dismiss Factor Funding, LLC filed by PayProTec Oregon, LLC filed by Mendl Chanin. (Soloveichik, Yitzchak) |
| Filing 142 OBJECTION to #141 Report and Recommendations Motion for reconsideration and proposed order filed by PayProTec Oregon, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Huber, James) |
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Filing 141
REPORT AND RECOMMENDATION: By letter motion filed April 21, 2017, plaintiff and cross-defendant Payprotec Oregon, LLC d/b/a Securus Payments moves to dismiss defendant Factor Funding, LLC from this case. Defendants Factor Funding, Mendl Chanin, and MMZS Ventures, LLC (together, the Chanin defendants) oppose the motion. By order dated May 25, 2017, the Hon. Jack B. Weinstein, Senior United States District Judge, referred plaintiff's motion to me for a report and recommendation. For the reasons stated in the attached Report and Recommendation, I respectfully recommend that plaintiff's motion to voluntarily dismiss defendant Factor Funding be denied. Objections to this Report and Recommendation must be filed within fourteen (14) days, with courtesy copies to Judge Weinstein and to my chambers, in order to preserve appellate review. See 28 U.S.C. 636(b)(1). Ordered by Magistrate Judge Robert M. Levy on 6/12/2017. (Marino, Janine) See attached Report & Recommendation for details.
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Filing 140
ENDORSED ORDER REFERRING MOTION: #137 Letter MOTION to Dismiss Factor Funding, LLC filed by PayProTec Oregon, LLC is respectfully referred to magistrate judge for decision for report and recommendations. Ordered by Judge Jack B. Weinstein on 5/22/2017. (Barrett, C)
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| Filing 139 REPLY to Response to Motion re #137 Letter MOTION to Dismiss Factor Funding, LLC filed by PayProTec Oregon, LLC. (Huber, James) |
| Filing 138 MEMORANDUM in Opposition re #137 Letter MOTION to Dismiss Factor Funding, LLC filed by Mendl Chanin. (Soloveichik, Yitzchak) |
| Filing 137 Letter MOTION to Dismiss Factor Funding, LLC by PayProTec Oregon, LLC. Responses due by 5/12/2017 (Attachments: #1 Exhibit exhibit 1) (Huber, James) |
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ORDER: The revised briefing schedule for plaintiff's motion to voluntarily dismiss defendant Factor Funding shall be as follows: motion due 4/21; opposition due 5/12; reply, if any, due 5/17. The parties are further directed to address the motion to Judge Weinstein and are advised to comply with his individual rules. Ordered by Magistrate Judge Robert M. Levy on 4/7/2017. (Goldman, Jared)
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Filing 136
ORDER withdrawing #134 Order endorsing plaintiff's March 15, 2017 Notice of Voluntary Dismissal of Defendant Factor Funding, LLC. The magistrate judge is respectfully requested to set a new briefing schedule for a motion by plaintiff to dismiss defendant Factor Funding, LLC. Ordered by Judge Jack B. Weinstein on 4/6/2017. (Barrett, C)
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Filing 135
MEMORANDUM & ORDER RE: #127 Motion to Amend. Having reviewed the evidence submitted in support of plaintiff's motion to amend, I find that plaintiff has established that in August 2014 EXCC's principal place of business was Texas. Plaintiff's motion is therefore granted. Ordered by Magistrate Judge Robert M. Levy on 3/31/2017. SEE ATTACHED MEMORANDUM & ORDER (Marino, Janine)
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| Motion terminated, docketed incorrectly: #119 Fully Briefed MOTION for Sanctions Related to Sanctions Order filed by PayProTec Oregon, LLC. Pursuant to Magistrate Judge Robert M. Levy's 6/29/2016 Order, this document is not a motion but a letter. (Barrett, C) |
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Filing 134
[Withdrawn per Judge Jack B. Weinstein's #136 Order dated 4/6/2017.] Order endorsed on #130 Notice of Voluntary Dismissal of Defendant Factor Funding LLC: So ordered. Ordered by Judge Jack B. Weinstein on 3/17/2017. (Barrett, C) Modified on 4/6/2017 to reflect that this order is withdrawn (Barrett, C).
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Filing 133
ENDORSED ORDER ON DOCUMENT #132, Respectfully referred to Magistrate Judge for decision. (Ordered by Judge Jack B. Weinstein on 3/22/2017) (Galeano, Sonia)
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| Filing 132 RESPONSE to Motion re #127 Letter MOTION to Amend/Correct/Supplement the Complaint, #125 Letter MOTION to Amend/Correct/Supplement Complaint filed by PayProTec Oregon, LLC. (Attachments: #1 Affidavit In Support of Plaintiffs Motion to Amend the Complaint, #2 Affidavit In Support of Plaintiffs Motion to Amend the Complaint, #3 Affidavit In Support of Plaintiffs Motion to Amend the Complaint) (Huber, James) |
| Filing 131 NOTICE by PayProTec Oregon, LLC of Exhibit 1 (Huber, James) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: James Huber; Yitzchak Soloveichik, Gregory Bitterman. Unless rendered moot by the court's decision as to plaintiff's motion to amend the complaint, the briefing schedule for plaintiff's motion to dismiss defendant Factor Funding, LLC shall be as follows: plaintiff's motion due one week after the court's decision on the motion to amend; defendants' opposition due three weeks thereafter; plaintiff's reply, if any, due two days thereafter. The parties are further directed to address the motion to Judge Weinstein and are advised to comply with his individual rules. Status Conference held on 3/16/2017 (Tape #12:50-1:16.) (Goldman, Jared) |
| Filing 130 NOTICE of Voluntary Dismissal by PayProTec Oregon, LLC as to Defendant Factor Funding LLC only (Huber, James) |
| Filing 129 Letter Enclosing the Declaration of Charles Goodwin by Factor Funding, LLC (Soloveichik, Yitzchak) |
| Filing 128 Letter Regarding Membership of MMZS Ventures, LLC and Factor Funding, LLC by Factor Funding, LLC, MMZS Ventures, LLC (Soloveichik, Yitzchak) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: James Huber, Yitzhak Soloveichik, James Bitterman. Mr. Soloveichik will, as soon as practicable, provide an affidavit from Charles Goodwin, a member of the Factor Funding LLC, who, at relevant times for diversity jurisdiction purposes, is believed to be a citizen of Texas. (See DKT 128, p.2 and attachment). Next conference 3/16/17 at 12:45 (tel)(jurisdiction).Status Conference held on 2/27/2017 (Levy, Robert) |
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ORDER: To assist the court in its jurisdictional analysis, defendants MMZS Ventures, LLC and Factor Funding, LLC are directed to file a submission on or before 2/27/2017 listing their members and each member's respective domicile. Ordered by Magistrate Judge Robert M. Levy on 2/21/2017. (Goldman, Jared)
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| Filing 127 Letter MOTION to Amend/Correct/Supplement the Complaint by PayProTec Oregon, LLC. (Attachments: #1 Supplement Amended Complaint) (Huber, James) |
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ORDER TO SHOW CAUSE: Plaintiff has alleged that jurisdiction is proper pursuant to 28 USC 1332(a). Plaintiff acknowledges that the complaint fails to allege complete diversity on its face and has moved to amend the complaint to allege that its sole member has a principal place of business in Texas. However, both the complaint and the proposed amended complaint fail to plead the citizenship of the LLC defendants' members, and fail to plead the domicile, rather than residence, of the individual defendants. Accordingly, plaintiff is directed to show cause in writing on or before 2/17/2017 why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff's response may take the form of a revised proposed amended complaint, along with a letter from counsel clearly explaining the basis for jurisdiction. Ordered by Magistrate Judge Robert M. Levy on 2/9/2017. (Goldman, Jared)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: James Huber, Yitzhak Soloveichik, Greg Bitterman. Argument heard on motion to amend. As to the recently completed targeted jurisdictional deposition testimony, on or before 2/10/17 counsel shall either provide a stipulated statement of facts or a transcript of the recorded depositions. Counsel stipulate that they will rest on their submissions and that no live testimony is needed to decide this motion. The court will issue its decision at or before the next conference on 2/27/17 at 3:15 EST. Motion Hearing held on 2/1/2017 re #125 Letter MOTION to Amend/Correct/Supplement Complaint filed by PayProTec Oregon, LLC (Tape #4:50-.) (Levy, Robert) |
| Filing 126 RESPONSE in Opposition re #125 Letter MOTION to Amend/Correct/Supplement Complaint filed by Mendl Chanin. (Soloveichik, Yitzchak) |
| Filing 125 Letter MOTION to Amend/Correct/Supplement Complaint by PayProTec Oregon, LLC. (Huber, James) |
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ORDER granting #124 Motion to Adjourn 1/6/17 Conference to 2/1/17 at 4:45 (tel). Ordered by Magistrate Judge Robert M. Levy on 1/5/2017. (Levy, Robert)
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| Filing 124 Letter MOTION to Adjourn Conference currently set for January 6, 2017 by PayProTec Oregon, LLC. (Huber, James) |
| Filing 123 NOTICE by PayProTec Oregon, LLC OF UNAVAILABILITY OF COUNSEL (Huber, James) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: James Huber, Yitzhak Soloveichik, Greg Bitterman. The parties will take brief, targeted discovery as to diversity jurisdiction, to be completed by 12/16/16. Next conference 1/6/17 at 12:30 (tel)(jurisdiction).Motion Hearing held on 11/16/2016 re #121 Letter MOTION to Amend/Correct (Tape #4:39-5:05.) (Levy, Robert) |
| Filing 122 RESPONSE in Opposition re #121 Letter MOTION to Amend/Correct/Supplement Complaint filed by Mendl Chanin. (Attachments: #1 Exhibit Exhibits A - F) (Soloveichik, Yitzchak) |
| Filing 121 Letter MOTION to Amend/Correct/Supplement Complaint by PayProTec Oregon, LLC. (Attachments: #1 Affidavit James Huber Affidavit in Support, #2 Affidavit Robert Winspear Affidavit in Support) (Huber, James) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: All present by telephone. In response to the court's inquiry, plaintiff will explain by 10/4/16 whether this court in fact has diversity jurisdiction. See, e.g., Complaint, Par 11. Defendants' submissions, if any, are due 10/11/16. Next conference 11/16/16 at 4:30 (tel).Status Conference held on 9/20/2016 (Tape #4:01-4:16.) (Levy, Robert) |
| Filing 120 Letter regarding monetary sanctions by Mendl Chanin (Soloveichik, Yitzchak) |
| Filing 119 Fully Briefed MOTION for Sanctions Related to Sanctions Order by PayProTec Oregon, LLC. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit Exhibit & Affidavit) (Huber, James) |
| Filing 118 AFFIDAVIT/AFFIRMATION by Michael Weiss (Bitterman, Gregory) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: James Huber, Yitzhak Soloveichik, Gregory Bitterman. (1) With respect to the dispute over privilege logs: On or before 7/29/16, plaintiff shall produce a privilege log, for the period from 1/1/14 to the date of the cease and desist letter, for all emails that do not contain an attorney recipient or sender for which privilege is claimed. (2) For the reasons explained on the record, monetary sanctions will be imposed on defendants for spoliation for the reasons explained on the record. On or before 7/13/16, counsel shall submit letters up to 2 pages on the amount that should be imposed and the defendants responsible for the sanction. Plaintiff's counsel shall attach time sheets and supporting information for any request for attorney's fees. (3) Next conference 9/20/16 at 4:00 (tel)(status).Discovery Hearing held on 6/29/2016 (Tape #4:36-5:21.) (Levy, Robert) |
| Filing 117 MEMORANDUM in Opposition re #115 Memorandum in Support of Plaintiff's Motion for Spoliation Sanctions filed by Factor Funding, LLC. (Soloveichik, Yitzchak) |
| Filing 116 NOTICE by PayProTec Oregon, LLC OF UNAVAILABILITY OF COUNSEL (Huber, James) |
| Filing 115 MEMORANDUM in Support of Spoliation Sanctions filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Huber, James) |
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ORDER terminating #108 Motion to Compel in light of rulings at 5/12/16 conference. Ordered by Magistrate Judge Robert M. Levy on 5/16/2016. (Levy, Robert)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: James Huber, Yitzchak Soloveichik, Greg Bitterman. Rulings made on record, some of which are noted below: (1) The court will resolve the privilege log issue separately. (2) Counsel shall supplement their letter briefs on the ESI spoliation issue to address the 2015 amendments to the FRCP, specifically Rue 37(e). The court reminds plaintiff that it has the burden of proof as to the elements of Rule 37(e) and as to the specific relief it requests. Briefing schedule: 6/2/16 supplemental motion; 6/16/16 supplemental opposition. (3) Factor Funding shall produce requested financial documents forthwith; any proposed redactions are to be limited as discussed at this conference. (4) Next conference 6/29/16 at 4:00 (tel)(status).Motion Hearing held on 5/12/2016 re #108 (Tape #12:38-2:21.) (Levy, Robert) |
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SCHEDULING ORDER: A discovery telephone conference has been scheduled for May 12, 2016 at 12:30 p.m., before the Hon. Robert M. Levy, USMJ at (718) 613-2340. Plaintiff's counsel is directed to initiate the conference call and confirm with defendants' counsel that all necessary participants are aware of the date & time of scheduled conference. Ordered by Magistrate Judge Robert M. Levy on 4/6/2016. (Marino, Janine)
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| Filing 114 REPLY in Support re #108 Letter MOTION to Compel Discovery Production and Sanctions against Defendant Factor Funding, LLC filed by PayProTec Oregon, LLC. (Huber, James) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: James Huber, Yitzhak Soloveichik, Greg Bitterman. (1) The motion to impose sanctions against Mr. Bitterman is denied for the reasons stated on the record. Mr. Bitterman shall file the affidavit ordered at the 10/30/15 conference, on or before 1/21/16. Mr. Weiss shall file, by the same date, the affidavit ordered at the 10/30/15 conference. Mr. Bitterman's withdrawal is conditioned on the filing of this affidavit. (2) On or before 1/21/16, Mr. Chanin shall, for the reasons explained on the record and the submissions, pay sanctions of $2,000 for failure to attend his deposition [DKT 81, 82, 104, 105]. (3) Counsel agree that briefing is complete on the spoliation motion, and that neither further argument nor an evidentiary hearing is needed. The court will also decide the privilege motion on the papers. Following discussion on the record, plaintiff will be permitted to file a brief response to Mr. Chanin's opposition to the motion to compel production of the bank records of Factor Funding [DKT 108, 110] (Tape #4:08-5:08.) (Levy, Robert) Modified on 1/7/2016 (Levy, Robert). |
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ORDER terminating as resolved #83 Motion to Compel. Ordered by Magistrate Judge Robert M. Levy on 1/7/2016. (Levy, Robert)
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| Filing 113 REPLY in Support re #109 Response to Motion, filed by Mendl Chanin. (Soloveichik, Yitzchak) |
| Filing 112 TRANSCRIPT of Proceedings held on October 30, 2015, before Judge Levy. Court Reporter/Transcriber TypeWrite Word Processing Service. Email address: transcripts@typewp.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/8/2015. Redacted Transcript Deadline set for 12/18/2015. Release of Transcript Restriction set for 2/15/2016. (Hong, Loan) |
| Filing 111 TRANSCRIPT of Proceedings held on September 21, 2015, before Judge Levy. Court Reporter/Transcriber TypeWrite Word Processing Service. Email address: transcripts@typewp.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/8/2015. Redacted Transcript Deadline set for 12/18/2015. Release of Transcript Restriction set for 2/15/2016. (Hong, Loan) |
| Filing 110 RESPONSE in Opposition re #108 Letter MOTION to Compel Discovery Production and Sanctions against Defendant Factor Funding, LLC filed by Factor Funding, LLC. (Soloveichik, Yitzchak) |
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Filing 109
RESPONSE to Motion re #100 MOTION for Extension of Time to Complete Discovery and RESPONSE to Plaintiff's Motion for Protective Order (dkt. 95) MOTION to Compel Production by Plaintiff AFFIDAVIT OF JAMES C. HUBER AS ORDERED BY MAGISTRATE JUDGE LEVY ON OCTOBER 30, 2015 filed by PayProTec Oregon, LLC. (Huber, James)
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| Filing 108 Letter MOTION to Compel Discovery Production and Sanctions against Defendant Factor Funding, LLC by PayProTec Oregon, LLC. (Huber, James) |
| Filing 107 NOTICE by PayProTec Oregon, LLC of Unavailability (Huber, James) |
| Filing 106 Subpoena by PayProTec Oregon, LLC. (Attachments: #1 Notice of Subpoena to Produce Documents to Benchmark Merchant Solutions, LLC) (Huber, James) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: James Huber; Yitzhak Soloveichik; Greg Bitterman. (1) Re: DKT 93: The emails at issue at the 9/21/15 conference were produced today. Mr. Bitterman states that production was delayed because of Mr. Weiss' lack of funds. The motion for sanctions is denied at this time, with leave to renew. On or before 11/20/15, Mr. Bitterman shall file an affidavit explaining the circumstances surrounding the delay, and Mr. Weiss shall file an affidavit as to his ability to pay counsel to review the emails. (2) Mr. Bitterman shall file his motion to withdraw by 11/6/15 and advise whether Mr. Weiss opposes the motion. If he does, Mr. Weiss shall file his opposition by 11/13/15. If themotion is granted, Mr. Weiss shall be prepared to proceed, either with counsel or pro se, within 30 days of the granting of the order. (3) Mr. Soloveichik shall provide the documents ordered at the 9/21/14 conference by 11/3/15. (4) Re: Dkts 95 and 100. Mr. Soloveichik will advise after the 30(b)(6) deposition (Steven Lemma) and the depositions of Mitchell Shapiro and Sam Chanin whether he needs the Hyde and Winspear depositions and if so, whether they can be conducted by SKYPE or telephone. Counsel will meet and confer to reach agreement re: a reasonable accommodation for taking Mr. Robirds' deposition outside of Manhattan. (5) Decision reserved on DKT 104 and 105. (6) Re DKT 100 requests for plaintiff's documents re: plaintiff's employees who left plaintiff for Factor Funding/MMZS, Mr. Huber shall produce, by 11/13/15, an affidavit stating the universe of documents he has examined (including which persons were asked to produce their emails) and the basis for the assertion of privilege. A privilege log is not required at this time, as Mr. Huber states that there are tens of thousands of relevant emails, all of which are protected by the attorney-client privilege. (7) Plaintiff shall produce all documents relevant to damages 30 days after receipt of defendants' customer information. (8) The discovery deadline is extended to 12/31/15.Motion Hearing held on 10/30/2015 re #100 #93 , #95 [2:51-3:56] (Levy, Robert) |
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ORDER granting #99 Motion for Protective Order. Ordered by Magistrate Judge Robert M. Levy on 10/30/2015. (Levy, Robert)
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PRETRIAL CONFERENCE ORDER. A pretrial conference will be held by telephone on January 7, 2016 at 4:00.[ESR for 10/30/15 Conference 2:51-3:56]. Ordered by Magistrate Judge Robert M. Levy on 10/30/2015. (Levy, Robert)
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ORDER: #93 Motion to Compel resolved as explained on the record during the 10/30/15 hearing. Ordered by Magistrate Judge Robert M. Levy on 10/30/2015. (Levy, Robert)
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ORDER #100 Motion to Compel resolved as explained on the record during the 10/30/15 hearing; granting #100 Motion for Extension of Time to 12/31/15 to Complete Discovery, as explained on the record during the 10/30/15 hearing. Ordered by Magistrate Judge Robert M. Levy on 10/30/2015. (Levy, Robert)
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ORDER: #95 Motion for Protective Order resolved as explained on the record during the 10/30/15 hearing. Ordered by Magistrate Judge Robert M. Levy on 10/30/2015. (Levy, Robert)
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| Filing 105 Letter in Response to Plaintiff's Bill of Cost and Plaintiff's Motion for Additional Sanctions (Dkt. 104) by Mendl Chanin (Soloveichik, Yitzchak) |
| Filing 104 BILL OF COSTS IN SUPPORT OF SANCTIONS AGAINST DEFENDANTS by PayProTec Oregon, LLC (Huber, James) |
| Filing 103 NOTICE to Take Deposition by PayProTec Oregon, LLC. (Huber, James) |
| Filing 102 DEPOSITION by PayProTec Oregon, LLC. (Attachments: #1 Amended Subpoena to Testify at Deposition to Sam Chanin) (Huber, James) |
| Filing 101 REPLY in Opposition re #100 MOTION for Extension of Time to Complete Discovery and RESPONSE to Plaintiff's Motion for Protective Order (dkt. 95) MOTION to Compel Production by Plaintiff filed by PayProTec Oregon, LLC. (Huber, James) |
| Filing 100 MOTION to Compel Production by Plaintiff, MOTION for Extension of Time to Complete Discovery and RESPONSE to Plaintiff's Motion for Protective Order (dkt. 95) by Mendl Chanin. (Soloveichik, Yitzchak) |
| Filing 99 MOTION for Protective Order to facilitate the production of confidential information by Factor Funding, LLC. (Attachments: #1 Proposed Order Proposed Protective Order) (Soloveichik, Yitzchak) |
| Filing 98 Subpoena by PayProTec Oregon, LLC. (Attachments: #1 Subpoena to Produce Documents to MacKenzie Verdi, #2 Subpoena to Produce Documents to JaRodd Watson, #3 Subpoena to Produce Documents to Johnathan Gosselin, #4 Notice of Subpoena to Produce Documents to Johnathan Gosselin, #5 Notice of Subpoena to Produce Documents to JaRodd Watson, #6 Notice of Subpoena to Produce Documents to Keith Spruill, #7 Notice ofSubpoena to Produce Documents to MacKenzie Verdi) (Huber, James) |
| Filing 97 NOTICE to Take Deposition by PayProTec Oregon, LLC. (Attachments: #1 Notice of Deposition of Mitchell Shapiro, #2 Notice of Deposition of Shmuel Sam Chanin, #3 Subpoena to Testify at Deposition to Kutty Chanin, #4 Subpoena to Testify at Deposition to Mitchell Shapiro, #5 Subpoena to Testify at Deposition to Shmuel Sam Chanin) (Huber, James) |
| Filing 96 NOTICE to Take Deposition by PayProTec Oregon, LLC. (Attachments: #1 Notice of Deposition of MMZS Ventures, LLC, #2 Notice of Deposition of Factor Funding, LLC) (Huber, James) |
| Filing 95 Letter MOTION for Protective Order by PayProTec Oregon, LLC. (Huber, James) |
| Filing 94 NOTICE to Take Deposition by PayProTec Oregon, LLC. (Attachments: #1 Notice of Deposition of Factor Funding, LLC, #2 Notice of Deposition of MMZS Ventures, LLC) (Huber, James) |
| Filing 93 Fourth MOTION to Compel Discovery Production, Attendance at Depositions, and Sanctions by PayProTec Oregon, LLC. (Huber, James) |
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ORDER terminating #90 Motion to Take Deposition. See rulings at 9/21/15 conference. Ordered by Magistrate Judge Robert M. Levy on 9/28/2015. (Levy, Robert)
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| Filing 92 MEMORANDUM in Opposition re #83 Letter MOTION to Compel Discovery Production, Attendance at Depositions, and Sanctions Against Defendants filed by Mendl Chanin. (Attachments: #1 Affirmation of Mendl Chanin in Opposition to Plaintiff's Motion for Sanctions) (Soloveichik, Yitzchak) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: James Huber, Adam Nicolazzo, plaintiff; Craig Bitterman, Weiss and Factor funding; Yitzhak Soloveichik, Chanin, MMZS. (1) Deposition of Mendl Chanin to be held 10/22 and 10/23. (2) Plaintiff's motion for sanctions against Michael Weiss for delays in producing emails requested at deposition is denied for the reasons explained on the record. (3) Factor shall provide a list of Securus customers who became Factor Funding customers; a list of all customers during the time period 5/14 to the present; and financial information discussed at this conference (for attorney's eyes only). (4)Next conference 10/30/15 at 2:30 (tel). Motion Hearing held on 9/21/2015 re #9 Joint MOTION to Take Deposition and Proposed Deposition Schedule filed by PayProTec Oregon, LLC [3:21-4:19] (Levy, Robert) |
| Filing 91 AFFIDAVIT/DECLARATION in Support re #83 Letter MOTION to Compel Discovery Production, Attendance at Depositions, and Sanctions Against Defendants and Spoliation of Evidence filed by PayProTec Oregon, LLC. (Huber, James) |
| Filing 90 Joint MOTION to Take Deposition and Proposed Deposition Schedule by PayProTec Oregon, LLC. (Huber, James) |
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SCHEDULING ORDER: Telephone Conference set for 9/21/2015 03:00 PM before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 9/11/2015. (Marino, Janine)
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| Filing 89 ANSWER to #13 Answer to Complaint, Counterclaim by PayProTec Oregon, LLC. (Huber, James) |
| Filing 88 NOTICE of Appearance by Yitzchak Eliezer Soloveichik on behalf of Mendl Chanin, Does 1-50, Factor Funding, LLC, MMZS Ventures, LLC (aty to be noticed) (Soloveichik, Yitzchak) |
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ORDER granting #84 Motion for Extension of Time to Complete Discovery. (1) The deadline for the production of outstanding discovery, previously set for 7/31/15, is extended nunc pro tunc to 8/31/15, as defendants have obtained new counsel. Plaintiff's counsel urges, and the court agrees, that such an extension should not be understood as grounds for further delay of this litigation. Future applications for extensions will be sparingly granted. (2) Depositions shall now proceed expeditiously. The parties are directed to meet and confer and agree upon a schedule for the completion of discovery, including a deposition schedule, which they shall file with the court no later than 9/11/15.(3) The court notes that Mr. Bitterman withdrew without filing a motion to withdraw, as required by the Local Rules of this District, and it appears that incoming counsel have not filed a formal notice of appearance, with the consequent screening by the Clerk that a notice of appearance entails. If they in fact have not done so, incoming counsel are directed to file a notice of appearance by 9/11/15. Ordered by Magistrate Judge Robert M. Levy on 9/3/2015. (Levy, Robert)
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ORDER re: #86 Motion to Compel and for payment of sanctions, previously ordered: (1) Counsel are directed to meet and confer and contact chambers by 9/11/15 to schedule a conference to resolve any remaining discovery disputes. (2) The court deems this in part a motion for sanctions for spoliation. Plaintiff's counsel shall file an affidavit by 9/18/15 detailing the facts underlying his motion. Defendants shall file their opposition by 9/28/15 and attach an affidavit from a person with knowledge. (3) Blaming outgoing counsel for their clients' noncompliance with discovery orders, defendants' new counsel now requests the opportunity to contest plaintiff's motion for sanctions. If they wish to pursue this course, defendants' counsel are reminded of the high bar they face in moving for reconsideration and the difficulty they would have in prevailing. Any such motion must be supported by affidavits from persons with knowledge, backed by firm legal authority, and filed no later than 9/14/15. Ordered by Magistrate Judge Robert M. Levy on 9/3/2015. (Levy, Robert)
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| Filing 87 RESPONSE in Opposition re #86 Letter MOTION to Compel Discovery Production and Attendance at Depositions, and Sanctions Against Defendants filed by Mendl Chanin. (Bronstein, Peretz) |
| Filing 86 Letter MOTION to Compel Discovery Production and Attendance at Depositions, and Sanctions Against Defendants by PayProTec Oregon, LLC. (Huber, James) |
| Filing 85 RESPONSE in Opposition re #84 MOTION for Extension of Time to Complete Discovery and RESPONSE to Motion to Compel Attendance at Depositions filed by PayProTec Oregon, LLC. (Huber, James) |
| Filing 84 MOTION for Extension of Time to Complete Discovery and RESPONSE to Motion to Compel Attendance at Depositions by Mendl Chanin. (Bronstein, Peretz) |
| Filing 83 Letter MOTION to Compel Discovery Production, Attendance at Depositions, and Sanctions Against Defendants by PayProTec Oregon, LLC. (Huber, James) |
| Filing 82 BILL OF COSTS IN SUPPORT OF SANCTIONS AGAINST DEFENDANTS by PayProTec Oregon, LLC (Huber, James) |
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ORDER granting #81 Motion to Compel. Defendants have not responded to the motion to compel. Defendants shall produce all outstanding discovery by 7/31/15. The motion for sanctions is granted, in an amount up to $2,000, upon submission of itemized bills and in the event plaintiff's counsel is obliged to make an additional trip to New York for depositions as a result the noncompliance of defendants described in the motion. Ordered by Magistrate Judge Robert M. Levy on 7/15/2015. (Levy, Robert)
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| Filing 81 Letter MOTION to Compel Discovery Production and Attendance at Depositions and Sanctions against Defendants by PayProTec Oregon, LLC. (Huber, James) |
| Filing 80 RESPONSE to Discovery Request from factor Funding by Factor Funding, LLC. (Attachments: #1 Rule 26(a) Disclosure mc11a, #2 Rule 26(a) Disclosure mc11b, #3 Rule 26(a) Disclosure mc11c, #4 Rule 26(a) Disclosure mc13a, #5 Rule 26(a) Disclosure mc13b, #6 Rule 26(a) Disclosure mc13c, #7 Rule 26(a) Disclosure mc14a, #8 Rule 26(a) Disclosure mc14b, #9 Rule 26(a) Disclosure mc14c, #10 Rule 26(a) Disclosure mc14d, #11 Rule 26(a) Disclosure mc14e) (Bitterman, Gregory) |
| Filing 79 RESPONSE to Discovery Request from factor Funding by MMZS Ventures, LLC. (Attachments: #1 Rule 26(a) Disclosure mc8a, #2 Rule 26(a) Disclosure mc8b, #3 Rule 26(a) Disclosure mc8c, #4 Rule 26(a) Disclosure mc9a, #5 Rule 26(a) Disclosure mc9b, #6 Rule 26(a) Disclosure mc9c, #7 Rule 26(a) Disclosure mc10a, #8 Rule 26(a) Disclosure mc10b, #9 Rule 26(a) Disclosure mc10c, #10 Rule 26(a) Disclosure mc10d, #11 Rule 26(a) Disclosure mc10e) (Bitterman, Gregory) |
| Filing 78 RESPONSE to Discovery Request from factor Funding by Factor Funding, LLC. (Attachments: #1 Rule 26(a) Disclosure mc5a, #2 Rule 26(a) Disclosure mc5b, #3 Rule 26(a) Disclosure mc5c, #4 Rule 26(a) Disclosure mc6a, #5 Rule 26(a) Disclosure mc6b, #6 Rule 26(a) Disclosure mc6c, #7 Rule 26(a) Disclosure mc7a, #8 Rule 26(a) Disclosure mc7b, #9 Rule 26(a) Disclosure mc7c, #10 Rule 26(a) Disclosure mc7d, #11 Rule 26(a) Disclosure mc7e) (Bitterman, Gregory) |
| Filing 77 RESPONSE to Discovery Request from factor Funding by Factor Funding, LLC. (Attachments: #1 Rule 26(a) Disclosure mc1a, #2 Rule 26(a) Disclosure mc1b, #3 Rule 26(a) Disclosure mc1c, #4 Rule 26(a) Disclosure mc2a, #5 Rule 26(a) Disclosure mc2b, #6 Rule 26(a) Disclosure mc2c, #7 Rule 26(a) Disclosure mc3a, #8 Rule 26(a) Disclosure mc3b, #9 Rule 26(a) Disclosure mc4a, #10 Rule 26(a) Disclosure mc4b, #11 Rule 26(a) Disclosure mc4c) (Bitterman, Gregory) |
| Filing 76 ANSWER to Interrogatories by Factor Funding, LLC. (Bitterman, Gregory) |
| Filing 75 RESPONSE to Discovery Request from Factor Funding by Factor Funding, LLC. (Bitterman, Gregory) |
| Filing 74 RESPONSE to Discovery Request from factor Funding by Factor Funding, LLC. (Attachments: #1 Rule 26(a) Disclosure Mc15e, #2 Rule 26(a) Disclosure mc15d, #3 Rule 26(a) Disclosure mc15c, #4 Rule 26(a) Disclosure mC15b, #5 Rule 26(a) Disclosure mC15a, #6 Rule 26(a) Disclosure mc14e, #7 Rule 26(a) Disclosure mc14d, #8 Rule 26(a) Disclosure mc14c, #9 Rule 26(a) Disclosure mc14b, #10 Rule 26(a) Disclosure mc14a) (Bitterman, Gregory) |
| Filing 73 RESPONSE to Discovery Request from factor Funding by Factor Funding, LLC. (Attachments: #1 Rule 26(a) Disclosure mc17h, #2 Rule 26(a) Disclosure mc17g, #3 Rule 26(a) Disclosure mC17f, #4 Rule 26(a) Disclosure mC17e, #5 Rule 26(a) Disclosure mC17c, #6 Rule 26(a) Disclosure MC17b, #7 Rule 26(a) Disclosure mC17a, #8 Rule 26(a) Disclosure mc16c, #9 Rule 26(a) Disclosure mC16b, #10 Rule 26(a) Disclosure mc16a) (Bitterman, Gregory) |
| Filing 72 RESPONSE to Discovery Request from Factor Funding by Factor Funding, LLC. (Attachments: #1 MC25, #2 MC24, #3 MC23b, #4 MC23a, #5 MC22, #6 MC21, #7 MC20, #8 MC19b, #9 MC19a, #10 MC18c, #11 MC18b, #12 MC18a) (Bitterman, Gregory) |
| Filing 71 RESPONSE to Discovery Request from factor Funding by Factor Funding, LLC. (Attachments: #1 Rule 26(a) Disclosure MC34, #2 Rule 26(a) Disclosure MC33, #3 Rule 26(a) Disclosure MC32, #4 Rule 26(a) Disclosure MC31, #5 Rule 26(a) Disclosure MC30, #6 Rule 26(a) Disclosure MC29, #7 Rule 26(a) Disclosure MC28, #8 Rule 26(a) Disclosure MC27, #9 Rule 26(a) Disclosure MC26b, #10 Rule 26(a) Disclosure MC26a) (Bitterman, Gregory) |
| Filing 70 RESPONSE to Discovery Request from Factor Funding by Factor Funding, LLC. (Attachments: #1 Rule 26(a) Disclosure MC44, #2 Rule 26(a) Disclosure MC43, #3 Rule 26(a) Disclosure MC42, #4 Rule 26(a) Disclosure MC41, #5 Rule 26(a) Disclosure MC40, #6 Rule 26(a) Disclosure MC39, #7 Rule 26(a) Disclosure MC38, #8 Rule 26(a) Disclosure MC37, #9 Rule 26(a) Disclosure MC36, #10 Rule 26(a) Disclosure MC35) (Bitterman, Gregory) |
| Filing 69 RESPONSE to Discovery Request from Factor Funding by Factor Funding, LLC. (Attachments: #1 Rule 26(a) Disclosure iso5, #2 Rule 26(a) Disclosure iso11, #3 Rule 26(a) Disclosure iso29) (Bitterman, Gregory) |
| Filing 68 REQUEST for Production of Documents by Mendl Chanin, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss. (Bitterman, Gregory) |
| Filing 67 DISCLOSURE of Interested Parties by Factor Funding, LLC. (Attachments: #1 Rule 26(a) Disclosure Misc) (Bitterman, Gregory) |
| Filing 66 REQUEST for Production of Documents by Factor Funding, LLC. (Attachments: #1 Rule 26(a) Disclosure iso1, #2 Rule 26(a) Disclosure iso2, #3 Rule 26(a) Disclosure iso3, #4 Rule 26(a) Disclosure iso4, #5 Rule 26(a) Disclosure iso6, #6 Rule 26(a) Disclosure iso7, #7 Rule 26(a) Disclosure iso8, #8 Rule 26(a) Disclosure iso9, #9 Rule 26(a) Disclosure iso10, #10 Rule 26(a) Disclosure iso12, #11 Rule 26(a) Disclosure iso13, #12 Rule 26(a) Disclosure iso14, #13 Rule 26(a) Disclosure iso15, #14 Rule 26(a) Disclosure iso16, #15 Rule 26(a) Disclosure iso17, #16 Rule 26(a) Disclosure iso18, #17 Rule 26(a) Disclosure iso19, #18 Rule 26(a) Disclosure iso20, #19 Rule 26(a) Disclosure iso21, #20 Rule 26(a) Disclosure iso22, #21 Rule 26(a) Disclosure iso23, #22 Rule 26(a) Disclosure iso24, #23 Rule 26(a) Disclosure iso25, #24 Rule 26(a) Disclosure iso26, #25 Rule 26(a) Disclosure iso27, #26 Rule 26(a) Disclosure iso28, #27 Rule 26(a) Disclosure iso30, #28 Rule 26(a) Disclosure iso31, #29 Rule 26(a) Disclosure iso32, #30 Rule 26(a) Disclosure iso33, #31 Rule 26(a) Disclosure iso34, #32 Rule 26(a) Disclosure iso35, #33 Rule 26(a) Disclosure iso36, #34 Rule 26(a) Disclosure iso37, #35 Rule 26(a) Disclosure iso38, #36 Rule 26(a) Disclosure iso39, #37 Rule 26(a) Disclosure iso40, #38 Rule 26(a) Disclosure iso41, #39 Rule 26(a) Disclosure iso42, #40 Rule 26(a) Disclosure iso43, #41 Rule 26(a) Disclosure iso44, #42 Rule 26(a) Disclosure iso45) (Bitterman, Gregory) |
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ORDER approving #64 Stipulation. Ordered by Magistrate Judge Robert M. Levy on 5/28/2015. (Levy, Robert)
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Filing 65
CONSENT to Magistrate Judge Disposition on Motion by PayProTec Oregon, LLC re #64 MOTION for Leave to File Stipulation to be So Ordered by Magistrate Judge Levy (Nicolazzo, Adam)
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Filing 64
MOTION for Leave to File Stipulation to be So Ordered by Magistrate Judge Levy by PayProTec Oregon, LLC. (Nicolazzo, Adam) Modified on 5/28/2015 (Levy, Robert).
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Filing 63
STIPULATION to be So Ordered by Magistrate Judge Levy by PayProTec Oregon, LLC (Nicolazzo, Adam)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Adam Nicolazzo, Gregory Bitterman.(1) Lengthy settlement discussions concerning injunctive relief. Parties are close to an agreement on a stipulation which they will submit to the court no later than 5/21/15. The parties will consent to the jurisdiction of a magistrate judge for the limited purpose of reviewing the stipulation. (2) The court invites the parties to use the services of its court-annexed mediation program to fully resolve this litigation. Counsel will advise the court whether they wish me to refer this case to mediation, which would proceed on a parallel track with discovery. (3) A schedule for expedited discovery is entered, with the following deadlines: Initial disclosures 5/22/15; defendants' responses to outstanding interrogatories and document requests 6/15/15; defendants' service of interrogatories and document requests 6/15/15; plaintiffs' service of supplemental interrogatories and document requests 6/30/15; plaintiffs' responses to defendants' interrogatories and document requests 7/15/15; defendants' service of supplemental interrogatories and document requests 7/30/15; plaintiffs' responses to supplemental interrogatories and document requests 8/30/15; completion of fact depositions and all fact discovery 10/30/15. (4) A post fact discovery conference is scheduled for 11/4/15 at 10:30 (tel)(status). (5) A confidential joint status report on settlement shall be faxed to chambers on or before 5/29/15.Discovery/Settlement Conference held on 5/14/2015 (Levy, Robert) |
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STATUS REPORT ORDER : A confidential status report on settlement discussions shall be faxed to chambers by 5/29/2015. The report should indicate whether the parties would like this case referred to court-annexed mediation and provide, at a minimum, a general overview of the status of settlement discussions. Ordered by Magistrate Judge Robert M. Levy on 5/14/2015. (Levy, Robert)
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Filing 61
MEMORANDUM & ORDER. For the reasons stated orally on the record, plaintiff's #14 Motion to Dismiss for Failure to State a Claim and #14 Motion for Preliminary Injunction are denied. See Tr. H'rg, Apr. 20, 2015. The case is respectfully referred to the magistrate judge for expedited completion of discovery with respect to the injunction sought by plaintiff. Settlement is encouraged. Ordered by Judge Jack B. Weinstein on 4/22/2015. (Barrett, C)
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| Filing 62 Minute Entry for proceedings held before Judge Jack B. Weinstein: Motion Hearing held on 4/20/2015 re #14 Motion to Dismiss for Failure to State a Claim, MOTION for Preliminary Injunction filed by PayProTec Oregon, LLC. Counsel for all sides present. Motions argued. Motions denied. Case is respectfully referred to the magistrate judge for expedited completion of discovery with respect to the injunction. Order to be submitted by the Court. (Court Reporter M. A. Drury.) (Barrett, C) |
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ORDER: A telephone conference is scheduled for May 14, 2015 at 12:30 p.m., before the Hon. Robert M. Levy, USMJ at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 4/20/2015. (Marino, Janine)
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Filing 60
SCHEDULING ORDER denying #57 Motion to Continue and setting hearing on #14 Motion to Dismiss for Failure to State a Claim, MOTION for Preliminary Injunction : On March 26, 2015, this court ordered counsel for defendants MMZS Ventures, LLC; Factor Funding, LLC; and Mendl Chanin to comply with the court's rules by electronically filing a notice of appearance on ECF. To date, no notice of appearance has been filed. Counsel shall promptly file a notice of appearance on ECF. No further delay will be permitted. The following parties shall appear for oral argument on Monday, April 20 at 11:30 a.m. in Courtroom lOB South: a person with knowledge of plaintiff's case; Michael Weiss; Mendl Chanin; persons with knowledge of MMZS Ventures, LLC and Factor Funding, LLC's cases; and all counsel who have appeared in the case. A party residing outside the Tri-state Area may appear by telephone, to be arranged by contacting Case Manager June Lowe. (Motion Hearing set for 4/20/2015 at 11:30 AM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 4/14/2015. (Barrett, C)
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| Filing 59 NOTICE of Appearance by Gregory V. Bitterman on behalf of Mendl Chanin, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss (aty to be noticed) (Bitterman, Gregory) |
| Filing 58 RESPONSE in Opposition re #57 Letter MOTION to Continue filed by All Plaintiffs. (Nicolazzo, Adam) |
| Filing 57 (Faxed) Letter MOTION to Continue by Mendl Chanin, Factor Funding, LLC, MMZS Ventures, LLC. (Barrett, C) |
| NOTICE: Due to a change in the Court's schedule, the motion hearing set for 4/15/15 is adjourned. A new date will be set shortly. (Lowe, June) |
| NOTICE of Hearing on Motion- The Order to Show Cause hearing scheduled for 4/2/15 is cancelled as moot. (Lowe, June) |
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Filing 56
SCHEDULING ORDER granting #55 Motion to Continue and Resetting Hearing on #14 Motion to Dismiss for Failure to State a Claim , MOTION for Preliminary Injunction : Motion Hearing reset for 4/15/2015 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. A formal notice of appearance by counsel [for defendants MMZS Ventures, LLC and Mendl Chanin] must be filed promptly. Ordered by Judge Jack B. Weinstein on 3/26/2015. Chambers faxed a copy to Gregory Bitterman, Esq. (Barrett, C)
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| Filing 55 (Faxed) Letter MOTION to Continue by Mendl Chanin, MMZS Ventures, LLC. (Barrett, C) |
| NOTICE of Hearing on Motion #14 Motion to Dismiss for Failure to State a Claim MOTION for Preliminary Injunction : The time of the hearing set for 3/27/2015 is advanced to 11:30 AM in Courtroom 10B South before Judge Jack B. Weinstein. (Lowe, June) |
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Filing 54
JUDGMENT AND ORDER. On January 23, 2015, the caption for defendant Mendy Chanin was amended to Mendl Chanin. John Does 1-50 were stricken as defendants. John Does 1-50 shall also be stricken as counterclaim plaintiffs. The caption shall be amended to read as it appears on this order. Jacob H. Nemon, Esq. is disqualified from appearing in this case on behalf of defendants MMZS Ventures, LLC; Factor Funding, LLC; Michael Weiss; and Mendl Chanin. The defendants shall notify the court within ten days of the name of the attorney(s) who will represent defendants MMZS Ventures, LLC, Factor Funding, LLC, Michael Weiss, and Mendl Chanin or show cause, on April 2, 2015 at 11:00 a.m. in Courtroom 10 B South, how they intend to proceed. The hearing date set for March 27, 2015 at 2:00 p.m. is scheduled to proceed as ordered. See ECF No. #48 . (Attorney Jacob H. Nemon terminated; counterclaim plaintiffs Does 1-50 terminated). Ordered by Judge Jack B. Weinstein on 3/23/2015. (Barrett, C)
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| Set Hearings: Show Cause Hearing set for 4/2/2015 at 11:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. See #54 . (Barrett, C) |
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Filing 53
JUDGMENT & ORDER. The #42 motion, by attorney Barton Sobel and law firm Behren & Sobel, to withdraw as counsel for defendants/counter-claim plaintiff was granted orally at the January 23, 2015 hearing. Ordered by Judge Jack B. Weinstein on 3/19/2015. (Barrett, C)
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| Filing 52 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/23/15, before Judge Weinstein. Court Reporter/Transcriber Rudolph. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/31/2015. Redacted Transcript Deadline set for 4/10/2015. Release of Transcript Restriction set for 6/8/2015. (Rudolph, Gene) |
| Filing 51 NOTICE by PayProTec Oregon, LLC of Unavailability (Huber, James) |
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Filing 49
JUDGMENT AND ORDER re #39 Motion to Disqualify Counsel and #45 Motion to Stay Proceedings Pending Appeal or for Reconsideration. Attorney Mitchell C. Shapiro is disqualified from representing defendants in the instant case. Attorney Mitchell C. Shapiro was disqualified from representing defendants in the instant case by way of oral order. See Tr. Hrg, January 23, 2015. This court's oral order to disqualify Mitchell C. Shapiro and this order and judgment to disqualify Mitchell C. Shapiro are stayed until February 13, 2015 to permit an appeal to the Court of Appeals. The court finds no substantial likelihood of appeal on the merits. Ordered by Judge Jack B. Weinstein on 2/3/2015. (Barrett, C)
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Filing 48
SCHEDULING ORDER Setting Hearing on Motions. Plaintiff's motion to set a hearing on pending motions within the next two weeks is denied. Time for defendants to find new counsel must be afforded. Pending motions shall be heard on March 27, 2015 at 2 p.m. (Motion Hearing set for 3/27/2015 at 02:00 PM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 2/3/2015. (Barrett, C)
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| Filing 47 REPLY in Support re #45 MOTION to Stay Proceedings Pending Appeal or for Reconsideration filed by Mitchell C. Shapiro. (Shapiro, Mitchell) |
| Filing 46 RESPONSE in Opposition re #45 MOTION to Stay Proceedings Pending Appeal or for Reconsideration filed by PayProTec Oregon, LLC. (Huber, James) |
| Filing 45 MOTION to Stay Proceedings Pending Appeal or for Reconsideration by Mitchell C. Shapiro. (Shapiro, Mitchell) |
| Filing 50 Minute Entry for proceedings held before Judge Jack B. Weinstein: Motion Hearing held on 1/23/2015 re #39 MOTION to Disqualify Counsel filed by PayProTec Oregon, LLC, #42 MOTION to Withdraw as Attorney for Defendants by Barton Sobel and Behren and Sobel filed by Michael Weiss, Factor Funding, LLC, Mendy Chanin, MMZS Ventures, LLC. Counsel for all sides present. Motion argued and granted. Remaining motions are adjourned sine die. Motion is granted as to Mitchell Shapiro. (Court Reporter G. Rudolph.) (Barrett, C) |
| Filing 44 MEMORANDUM in Opposition re #39 MOTION to Disqualify Counsel filed by Mendy Chanin, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss. (Attachments: #1 Declaration of Mitchell C. Shapiro, Esq., #2 Exhibit to Shapiro Declaration) (Shapiro, Mitchell) |
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Filing 43
SCHEDULING ORDER granting in part and denying in part #41 Motion to Adjourn Conference; ORDER Resetting Hearing on #14 Motion to Dismiss for Failure to State a Claim , MOTION for Preliminary Injunction , #39 MOTION to Disqualify Counsel , #42 Motion to Withdraw as Attorney: Motion Hearing reset for 1/23/2015 at 11:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. A person with knowledge from plaintiff and each defendant as well as counsel shall be present. A party residing outside the Tristate Area may appear by telephone, to be arranged with my law clerk, Caitrin McKiernan, as stated herein. If counsel is scheduled to be out of town on January 23, 2015, he may arrange to appear via telephone. Ordered by Judge Jack B. Weinstein on 1/20/2015. (Barrett, C) Modified on 1/22/2015 (Barrett, C).
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| Filing 42 MOTION to Withdraw as Attorney for Defendants by Barton Sobel and Behren and Sobel by Mendy Chanin, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss. (Attachments: #1 Declaration, #2 Memorandum in Support, #3 Certificate of Service) (Sobel, Barton) |
| Filing 41 MOTION to Adjourn Conference Set by the Court for January 26, 2015 by Mendy Chanin, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss. (Shapiro, Mitchell) |
| Filing 40 Letter requesting the Court deny Defendants request for adjournment for the upcoming hearings by PayProTec Oregon, LLC (Huber, James) |
| NOTICE of Hearing on Motion #14 Motion to Dismiss for Failure to State a Claim MOTION for Preliminary Injunction , #39 MOTION to Disqualify Counsel : The Motion Hearing set for 1/20/2015 is adjourned to 1/26/15 at 11:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. (Lowe, June) |
| Filing 39 MOTION to Disqualify Counsel by PayProTec Oregon, LLC. (Attachments: #1 Notice of Motion, #2 Affidavit in Support by Steven Lemma, #3 Affidavit in Support by Thomas Hyde, #4 Affidavit in Support by Robert Winspear, #5 Proposed Order) (Huber, James) |
| Filing 38 NOTICE of Change of Law Firm Name and Address by Jacob H. Nemon from Shapiro Tamir Law Group to MCShapiro Law Group, P.C. (Nemon, Jacob) |
| Filing 37 NOTICE of Appearance by Jacob H. Nemon on behalf of Mendy Chanin, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss (aty to be noticed) (Nemon, Jacob) |
| Filing 36 NOTICE of Appearance by Mitchell C. Shapiro on behalf of Mendy Chanin, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss (aty to be noticed) (Shapiro, Mitchell) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy:Adam Nicolazzo, James Huber, plaintiffs; Mitchell Shapiro, Jacob Nemon, defendants. (1) Mandatory disclosures shall be served by 1/15/15; interrogatories and document requests by 1/29/15. (2) Counsel will meet and confer to agree on briefing schedules for any further motions. (3) Further discovery to be scheduled, as appropriate, after Judge Weinstein's decision on the motions pending before him.Initial Conference Hearing held on 12/9/2014 [ESR: 2:37-2:54] (Levy, Robert) |
| Filing 35 MOTION to Adjourn Conference by Mendy Chanin, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss. (Sobel, Barton) |
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Filing 34
ENDORSED ORDER granting #31 Motion to Adjourn Conference; ORDER Resetting Hearing on #14 Motion to Dismiss for Failure to State a Claim, MOTION for Preliminary Injunction : Motion Hearing reset for 1/20/2015 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. Ordered by Judge Jack B. Weinstein on 12/3/2014. (Barrett, C)
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| Motions terminated, docketed incorrectly: #33 Letter MOTION to Adjourn Conference Reply filed by Michael Weiss, Factor Funding, LLC, Mendy Chanin, MMZS Ventures, LLC, Does 1-50. This is not a motion but a reply. Docket entry #33 has been modified accordingly. (Barrett, C) |
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ORDER denying #28 Motion for Reconsideration of Admission of Counsel Pro Hac Vice, without prejudice to a future motion to disqualify counsel if and when such a motion is appropriate. Ordered by Magistrate Judge Robert M. Levy on 12/5/2014. (Levy, Robert)
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| Filing 33 REPLY re #32 Response in Opposition re #31 Letter MOTION to Adjourn Conference date 12/16/2014 by Mendy Chanin, Does 1-50, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss. (Attachments: #1 Exhibit Email from opposing counsel denying stating no more adjournments on injunction motion) (Sobel, Barton) Modified docket text on 12/5/2014 (Barrett, C). |
| Filing 32 RESPONSE in Opposition re #31 Letter MOTION to Adjourn Conference date 12/16/2014 filed by PayProTec Oregon, LLC. (Nicolazzo, Adam) |
| Filing 31 Letter MOTION to Adjourn Conference date 12/16/2014 by Mendy Chanin, Does 1-50, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss. (Sobel, Barton) |
| Filing 30 REPLY in Support re #14 Motion to Dismiss for Failure to State a Claim MOTION for Preliminary Injunction filed by PayProTec Oregon, LLC. (Nicolazzo, Adam) |
| Filing 29 AFFIDAVIT/AFFIRMATION re #25 Affidavit in Opposition to Motion, signed version of Michael Weiss' Affirmation [DN 25] previously submitted in opposition to Plaintiff Securus' Motion for Preliminary Injunction by Mendy Chanin, Does 1-50, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss (Sobel, Barton) |
| Filing 28 First MOTION for Reconsideration of Order [Docket Entry Dated 11/12/2014] Granting Attorney James Huber's Application for Admission Pro Hac Vice to Represent Plaintiff Securus [DN 20] by Mendy Chanin, Does 1-50, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss. (Attachments: #1 Memorandum in Support of Defendants' Motion for Reconsideration of Order Granting Attorney James Huber's Application for Admission Pro Hac Vice to Represent Plaintiff Securus, #2 Affidavit in Support of Defendants' Motion for Reconsideration of Order Granting Attorney James Huber's Application for Admission Pro Hac Vice to Represent Plaintiff Securus) (Sobel, Barton) |
| Filing 27 REQUEST for Production of Documents by PayProTec Oregon, LLC. (Attachments: #1 Request for Admission, #2 Interrogatories) (Huber, James) |
| Filing 26 AFFIDAVIT/DECLARATION in Opposition re #14 Motion to Dismiss for Failure to State a Claim MOTION for Preliminary Injunction Affirmation of Defendant Chanin in Opposition to Plaintiff Securus' Motion Seeking a Preliminary Injunction with Exhibits filed by All Defendants. (Attachments: #1 Cease and Desist Letter to Securus' Agent Stockstell, #2 Exerpts of Stockstell's ISO Agreement with MMZS) (Sobel, Barton) |
| Filing 25 AFFIDAVIT/DECLARATION in Opposition re #14 Motion to Dismiss for Failure to State a Claim MOTION for Preliminary Injunction Affirmation of Michael Weiss in Opposition to Plaintiff Securus' Motion Seeking a Preliminary Injunction with Exhibits filed by All Defendants. (Attachments: #1 Ex. A Cease and Desist Letter, #2 Ex. B - Exerpts of Stockstell's ISO Agreement with MMZS) (Sobel, Barton) |
| Filing 24 AFFIDAVIT/DECLARATION in Opposition re #14 Motion to Dismiss for Failure to State a Claim MOTION for Preliminary Injunction Affirmation in Opposition to Plaintiff Securus' Motion Seeking a Preliminary Injunction filed by All Defendants. (Sobel, Barton) |
| Filing 23 MEMORANDUM in Opposition re #14 Motion to Dismiss for Failure to State a Claim MOTION for Preliminary Injunction Memorandum of Law in Opposition to Plaintiff Securus' Motion Seeking a Preliminary Injunction filed by Mendy Chanin, Does 1-50, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss. (Sobel, Barton) |
| Filing 22 MEMORANDUM in Opposition re #14 Motion to Dismiss for Failure to State a Claim MOTION for Preliminary Injunction Counterclaim Plaintiff MMZS' Memorandum of Law in Opposition to Counterclaim Defendant Securus' Rule 12(b)(6) Motion to Dismiss MMZS' Counterclaims filed by MMZS Ventures, LLC. (Sobel, Barton) |
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Filing 21
ORDER Resetting Hearing on #14 Motion to Dismiss for Failure to State a Claim , MOTION for Preliminary Injunction : Motion Hearing reset for 12/16/2014 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. Ordered by Judge Jack B. Weinstein on 11/10/2014. (Barrett, C)
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| Filing 20 First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-7328299. by PayProTec Oregon, LLC. (Attachments: #1 Notice of Motion, #2 Affidavit in Support, #3 Proposed Order, #4 Supplement Certificate of Good Standing) (Huber, James) |
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ORDER granting #20 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Robert M. Levy on 11/12/2014. (Levy, Robert)
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| Filing 19 Letter Requesting Adjournment of Hearing on Motion to Dismiss and for Preliminary Injunction from December 12, 2014 to December 16, 2014 by PayProTec Oregon, LLC (Nicolazzo, Adam) |
| Filing 18 NOTICE of Appearance by Mitchell C. Shapiro on behalf of Mitchell C. Shapiro (aty to be noticed) (Shapiro, Mitchell) |
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Filing 17
STIPULATION [AND ORDER] granting #15 . IT IS HEREBY STIPULATED by and between the undersigned counsel for and on behalf of the parties named in this action, and subject to the approval of this Court, that the time for the Defendants to reply to Plaintiff's #14 Motion dated October 13, 2014 is hereby enlarged to November 12, 2014 and the return date for said Motion is hereby enlarged from November 10, 2014 to December 12, 2014 at 10:00 a.m. (Reset Hearing as to #14 Motion to Dismiss for Failure to State a Claim, Motion for Preliminary Injunction : Motion Hearing reset for 12/12/2014 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 10/27/2014. (Barrett, C)
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Filing 16
ORDER Setting Hearing on #14 Motion to Dismiss for Failure to State a Claim, MOTION for Preliminary Injunction : A person with knowledge from plaintiff and each defendant as well as counsel shall be present in Courtroom lOB on the motion return date, November 10, 2014, at 10:00 a.m. A party residing outside the Tristate Area may appear by telephone, to be arranged with case coordinator June Lowe. Motion Hearing set for 11/10/2014 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. Ordered by Judge Jack B. Weinstein on 10/24/2014. (Barrett, C)
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| Filing 15 STIPULATION ENLARGING TIME FOR OPPOSITION REPLY AND RETURN DATE ON DEFENDANT'S MOTION [DKT 14] by Mendy Chanin, Does 1-50, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss (Sobel, Barton) |
| Filing 14 Motion to Dismiss for Failure to State a Claim , MOTION for Preliminary Injunction by PayProTec Oregon, LLC. (Attachments: #1 Memorandum in Support, #2 Affidavit Affidavit of Chris Adams, #3 Affidavit Affidavit of Ryan Brown, #4 Affidavit Affidavit of Bruce Drago, #5 Affidavit Affidavit of Wendy Drago, #6 Affidavit Affidavit of Francisco Giannotti, #7 Affidavit Affidavit of Mike Hook-Venini, #8 Affidavit Affidavit of Jason Hunter, #9 Affidavit Affidavit of Steven Lemma II, #10 Affidavit Affidavit of Gabriele Lentini, #11 Affidavit Affidavit of Mychol Robirds, #12 Affidavit Affidavit of Aaron Stockstell, #13 Affidavit Affidavit of Michael Troetti, #14 Affidavit Affidavit of Ethan Worthen) (Nicolazzo, Adam) |
| Filing 13 ANSWER to #1 Complaint, , COUNTERCLAIM against All Plaintiffs by All Defendants. (Sobel, Barton) |
| Filing 12 Corporate Disclosure Statement by Mendy Chanin, Does 1-50, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss (Sobel, Barton) |
| Filing 11 NOTICE of Appearance by Barton B. Sobel on behalf of All Defendants (aty to be noticed) (Sobel, Barton) |
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Filing 10
ORDER: An initial conference has been scheduled for December 9, 2014 at 2:30 p.m., before the Honorable Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiff(s) counsel is directed to confirm with defendant(s) counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 8/27/2014. (Marino, Janine)
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| Filing 9 SUMMONS Returned Executed by PayProTec Oregon, LLC. MMZS Ventures, LLC served on 8/14/2014, answer due 9/4/2014. (Nicolazzo, Adam) |
| Filing 8 SUMMONS Returned Executed by PayProTec Oregon, LLC. Michael Weiss served on 8/14/2014, answer due 9/4/2014. (Nicolazzo, Adam) |
| Filing 7 SUMMONS Returned Executed by PayProTec Oregon, LLC. Mendy Chanin served on 8/14/2014, answer due 9/4/2014. (Nicolazzo, Adam) |
| Filing 6 SUMMONS Returned Executed by PayProTec Oregon, LLC. Factor Funding, LLC served on 8/14/2014, answer due 9/4/2014. (Nicolazzo, Adam) |
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Filing 5
COURT ORDER ON CASE FILING re #1 Complaint. Magistrate Judge Levy is directed to treat this case under Local Rule 72.2. The case manager is to set a conference before the undersigned 45 days from today's date. Plaintiff and a knowledgeable person for the defendant shall appear at the conference. Ordered by Judge Jack B. Weinstein on 8/15/2014. (Barrett, C)
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| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| This attorney case opening filing has been checked for quality control. The following corrections were made: removed alias from plaintiffs name, added second attorney listed for plaintiff, added defendant John Doe 1-50, corrected caption, added descriptions to party text. (Bowens, Priscilla) Modified on 8/11/2014 (Bowens, Priscilla). |
| Filing 3 Summons Issued as to Mendy Chanin, Factor Funding, LLC, MMZS Ventures, LLC, Michael Weiss. (Attachments: #1 Factor Funding summons, #2 Weiss summons, #3 Chanin summons) (Bowens, Priscilla) |
| Case assigned to Judge Jack B. Weinstein and Magistrate Judge Robert M. Levy. (Bowens, Priscilla) |
| Filing 2 Corporate Disclosure Statement by PayProTec Oregon, LLC d/b/a Securus Payments (Nicolazzo, Adam) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-7126552 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by PayProTec Oregon, LLC d/b/a Securus Payments. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons) (Nicolazzo, Adam) |
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