Detroit Street Partners Inc. et al v. James A. Lustig et al
Plaintiff: Detroit Street Partners Inc. and Birchwood Resources Inc.
Defendant: Andrew Harrison, Peak Capital Partners Inc., Alterman Harrison Investments, Inc., Steve Shoflick, Haven Capital Ventures Inc., James A. Lustig, Samuel Zaitz, Ricki Rest, JAF Holdings Inc., William Sandler, CLFS Equities, LLLP, Jake Cohen, William Hall, Rancho Holdings, LLC, Pinehurst Capital, Inc., JAL Ventures Corporation, Stewart Miller, Mesa Investment Partners, LLC, Rio Norte Capital, Inc., JZ Capital, LLC, Todd J. Eberstein, JMC Capital, Inc., Brett Perry, Jonathan Marsico, Preakness Capital Management Inc., Ultimate Ventures, Inc., Arrowhead Investments, Inc., Global Cap Limited, Inc., Allied Funding, Inc., SMM Investments, Inc., Ken Lande, Jan Falber, Paul Alterman, United Capital Management, Inc., Brandon Perry, Nancy Davis, Irving Investors Privates, LLC, Jonathan Vinnik, Rock Springs Investments LLC, Melissa Mackiernan, Bennett Paul Alterman, Quandary Capital Inc., Lion Gate Capital, Inc., Ronald Stephen Vlosich, Flamingo Group, Inc., Mack Investor Group, Inc., Jordan Cohen, Davis Family Office, Inc., Prudent Capital LLC, Aaron Wolk, Mia Abelson, Irving Investors Income Fund LLC, John Goldenberg, MSM Capital Management, Inc., Danny Pepper, Kenneth Rickel, Jeremy Abelson, Irving Investors Real Estate Fund I, LLC, DTA Capital Inc. and Irving Investors LLC
Case Number: 1:2017cv02992
Filed: December 13, 2017
Court: US District Court for the District of Colorado
Office: Denver Office
County: Denver
Presiding Judge: Wiley Y Daniel
Referring Judge: William J Martinez
2 Judge: Scott T Varholak
Nature of Suit: Securities, Commodities, Exchange
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 25, 2019 Filing 178 FINAL JUDGMENT in favor of Defendants and against Plaintiffs as to claims 10-13 only pursuant to #177 Order Granting Defendants' Motions to Dismiss in Part, Dismissing State-Law Claims without Prejudice and Terminating Case. Entered by Clerk on 7/25/2019. (afran)
July 25, 2019 Opinion or Order Filing 177 ORDER granting #149 The Lustig Defendants' Motion to Dismiss to the extent the Court finds that Plaintiffs' Claims 10-13 fail to state a claim upon which relief can be granted, and that the Court should decline supplemental jurisdiction over Plaintiffs' remaining claims, but is otherwise denied. Granting #151 The Perry Defendants' Motion to Dismiss to the extent the Court finds that Plaintiffs' Claims 10-13 fail to state a claim upon which relief can be granted, but is otherwise denied. Finding as moot #152 The Abelson Defendants' Motion to Dismiss. Plaintiffs' claims 10-13 are dismissed with prejudice and plaintiffs' remaining claims are dismissed without prejudice to refilling in state court. Entered by Judge William J. Martinez on 7/25/2019.(afran)
July 3, 2019 Opinion or Order Filing 176 MINUTE ORDER Because discovery in this matter is stayed pending resolution of Defendants' motions to dismiss and those motions remain pending, the Status Conference set for 7/8/2019 10:30 AM is VACATED and RESET for 9/24/2019 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties may appear telephonically by initiating a conference call among all individuals participating by telephone and then calling the court at 303.335.2365 at the scheduled time. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/03/2019. Text Only Entry (stvlc1, )
June 25, 2019 Filing 175 Party Irving Investors Income Fund LLC and Irving Investors Privates, LLC and Irving Investors Real Estate Fund I, LLC terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case on 6/25/2019 pursuant to #174 STIPULATION of Dismissal of Party. Text Only Entry (angar, ) Modified on 6/27/2019 to correct text (angar, ).
June 25, 2019 Filing 174 STIPULATION of Dismissal of Party with Prejudice of Defendants Irving Investors Privates, LLC, Irving Investors Income Fund, LLC, and Irving Investors Real Estate Fund I, LLC by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Bailey, Justin)
April 25, 2019 Opinion or Order Filing 173 MINUTE ORDER Because discovery in this matter is stayed pending resolution of Defendants' motions to dismiss and those motions remain pending, the Status Conference set for 5/1/2019 09:30 AM is VACATED and RESET for 7/8/2019 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties may appear telephonically by initiating a conference call among all individuals participating by telephone and then calling the court at 303.335.2365 at the scheduled time. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/25/2019. Text Only Entry (stvlc1, )
February 13, 2019 Filing 172 REPLY to Response to #149 MOTION to Dismiss , #152 MOTION to Dismiss the Amended Consolidated Complaint, #151 First MOTION to Dismiss for Failure to State a Claim to Amended Consolidated Complaint filed by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Clark, Christopher)
February 6, 2019 Filing 171 STIPULATION of Dismissal of Party Defendants Jeremy Abelson, Mia Abelson, and MSM Capital Management, Inc. by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Coyle, Lisa)
January 23, 2019 Opinion or Order Filing 170 ORDER granting Defendants' Motion for Leave to File One Consolidated Reply Brief in Response to Plaintiffs' Consolidated Opposition to the Pending Motions to Dismiss #169 . Defendants' motion is GRANTED for good cause shown. Defendants are granted leave to file one combined Reply brief in support of their three Motions to Dismiss, not to exceed 30 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 1/23/2019. Text Only Entry (wjmsec, )
January 23, 2019 Filing 169 Joint MOTION for Leave to File One Consolidated Reply Brief in Response to Plaintiffs Consolidated Opposition to the Pending Motions to Dismiss by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Jordan, Saskia)
January 14, 2019 Filing 168 BRIEF in Opposition to #149 MOTION to Dismiss , #152 MOTION to Dismiss the Amended Consolidated Complaint, #151 First MOTION to Dismiss for Failure to State a Claim to Amended Consolidated Complaint filed by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Coyle, Lisa)
January 14, 2019 Filing 167 NOTICE of Entry of Appearance by Qian Julie Wang on behalf of All Plaintiffs Attorney Qian Julie Wang added to party Birchwood Resources Inc.(pty:pla), Attorney Qian Julie Wang added to party Detroit Street Partners Inc.(pty:pla) (Wang, Qian)
January 7, 2019 Opinion or Order Filing 166 ORDER: Before the Court is the Lustig Defendants' Unopposed Motion to Strike Certain Allegations #143 . The Motion is GRANTED for good cause shown. The challenged allegations against Mr. Kaufmann are DEEMED STRICKEN from the Amended Consolidated Complaint #83 and associated filings ( #105 , #128 ). After resolving the pending motions to dismiss ( #149 , #151 , #152 ), the Court will evaluate whether to order Plaintiffs to file a second amended complaint that omits the stricken allegations. SO ORDERED by Judge William J. Martinez on 01/07/2019. Text Only Entry (wjmlc1)
January 4, 2019 Opinion or Order Filing 165 ORDER granting Plaintiffs' Unopposed Motion for Leave to File One Consolidated Brief in Opposition to Defendants' Three Pending Motions to Dismiss #164 . Plaintiffs' motion is GRANTED for good cause shown. Plaintiffs are granted leave to file one combined Response brief to the Defendants' three Motions to Dismiss, not to exceed 60 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 1/4/2019. Text Only Entry (wjmsec, )
January 4, 2019 Filing 164 MOTION for Leave to File One Consolidated Brief in Opposition to Defendants' Three Pending Motions to Dismiss by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Coyle, Lisa)
December 10, 2018 Filing 163 Defendants DTA Capital Inc. and Ronald Stephen Vlosich terminated pursuant to #162 STIPULATION of Dismissal of Party Ron Vlosich and DTA Capital, Inc. filed in this case. Text Only Entry. (sphil, )
December 10, 2018 Filing 162 STIPULATION of Dismissal of Party Ron Vlosich and DTA Capital, Inc. by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Coyle, Lisa)
December 3, 2018 Filing 161 Defendant JAF Holdings Inc. terminated pursuant to #160 STIPULATION of Dismissal of Party Jeremy Fraenkel and JAF Holdings, Inc. filed in this case. Defendant Jeremy Fraenkel is not a party to this case. Text Only Entry. (sphil, )
December 3, 2018 Filing 160 STIPULATION of Dismissal of Party Jeremy Fraenkel and JAF Holdings, Inc. by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Coyle, Lisa)
November 27, 2018 Opinion or Order Filing 159 ORDER granting #150 Unopposed Notice Regarding Discovery Stay. Pursuant to 15 U.S.C. 78u-4(b)(3)(B) and the parties' agreement, discovery in this matter is STAYED pending resolution of Defendants' motions to dismiss. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/27/2018. Text Only Entry (stvlc1, )
November 26, 2018 Opinion or Order Filing 158 MEMORANDUM regarding #150 MOTION for Order to filed by CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 11/26/2018. Text Only Entry (wjmsec, )
November 16, 2018 Opinion or Order Filing 156 ORDER granting #154 Motion to Withdraw as Attorney of Record. Attorney David Winfield Hannum is relieved of any further representation of Plaintiffs. The Clerk of Court is instructed to terminate Attorney Hannum as counsel of record, and to remove his name from the electronic certificate of mailing. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/16/2018. Text Only Entry (stvlc1, )
November 16, 2018 Filing 155 MEMORANDUM regarding #154 First MOTION to Withdraw as Attorney of Record for Plaintiffs Birchwood Resources, Inc. and Detroit Street Partners filed by Birchwood Resources Inc., Detroit Street Partners Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 11/16/2018. Text Only Entry (wjmsec, )
November 14, 2018 Filing 154 First MOTION to Withdraw as Attorney of Record for Plaintiffs Birchwood Resources, Inc. and Detroit Street Partners by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Hannum, David)
November 13, 2018 Filing 157 Defendants Ultimate Ventures, Inc., Samuel Zaitz, JZ Capital, LLC and Jonathan Marsico terminated pursuant #148 STIPULATION of Dismissal of Parties filed in this case. Text Only Entry. (sphil, )
November 13, 2018 Filing 153 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #148 Stipulation of Dismissal of Party filed by attorney Justin Bailey. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry). ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #148 Stipulation of Dismissal of Party filed by attorney Justin Bailey. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry). (sphil, )
November 13, 2018 Filing 152 MOTION to Dismiss the Amended Consolidated Complaint by Defendants Jeremy Abelson, Mia Abelson, Irving Investors Income Fund LLC, Irving Investors Privates, LLC, Irving Investors Real Estate Fund I, LLC, MSM Capital Management, Inc.. (Best, Stephen)
November 13, 2018 Filing 151 First MOTION to Dismiss for Failure to State a Claim to Amended Consolidated Complaint by Defendants Allied Funding, Inc., Bennett Paul Alterman, Alterman Harrison Investments, Inc., Arrowhead Investments, Inc., DTA Capital Inc., Nancy Davis, Davis Family Office, Inc., Todd J. Eberstein, Global Cap Limited, Inc., William Hall, Andrew Harrison, Haven Capital Ventures Inc., JAF Holdings Inc., Ken Lande, Lion Gate Capital, Inc., Mack Investor Group, Inc., Melissa Mackiernan, Mesa Investment Partners, LLC, Stewart Miller, Brandon Perry, Pinehurst Capital, Inc., Preakness Capital Management Inc., Quandary Capital Inc., Rancho Holdings, LLC, Kenneth Rickel, Rio Norte Capital, Inc., SMM Investments, Inc., William Sandler, Steve Shoflick, Ronald Stephen Vlosich, Aaron Wolk. (Zisser, David)
November 13, 2018 Filing 150 NOTICE Regarding Discovery Stay (Unopposed) by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc. (Jordan, Saskia) Modified on 11/26/2018 to add a gavel.(sphil, ).
November 13, 2018 Filing 149 MOTION to Dismiss by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Jordan, Saskia)
November 13, 2018 Filing 148 STIPULATION of Dismissal of Party Samuel Zaitz, JZ Capital, LLC, Jonathan Marsico, and Ultimate Ventures, Inc. by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Bailey, Justin)
November 5, 2018 Opinion or Order Filing 147 ORDER granting in part Defendants Irving Investors Income Fund LLC, Irving Investors Privates LLC, Irving Investors Real Estate Fund I LLC, MSM Capital Management Inc., and Jeremy and Mia Abelson's Unopposed Motion for Leave to File a Motion to Dismiss not to Exceed 30 Pages in Length #145 . Moving Defendants' Motion is GRANTED IN PART for good cause shown. The Moving Defendants are granted leave to file their Motion to Dismiss not to exceed 24 pages, exclusive of attorney signature blocks and certificate of service. It is FURTHER ORDERED that Plaintiffs are granted leave to file their response to said motion to dismiss not to exceed 24 pages, and the Defendants are granted leave to file their reply in support of their motion not to exceed 10 pages, each document exclusive of attorney signature block and certificate of service. SO ORDERED by Judge William J. Martinez on 11/5/2018. Text Only Entry (wjmsec, )
November 5, 2018 Opinion or Order Filing 146 ORDER: This matter is before the Court sua sponte. Given the number of separate motions for an increase in the number of pages for Defendants' proposed motions to dismiss, the Court hereby AMENDS its prior orders at ECF No.'s 101, 141, and 142. These Orders are amended to limit the length of the Defendants' proposed motions to dismiss not to exceed 24 pages each, exclusive of attorney signature blocks and certificate of service. It is FURTHER ORDERED that Plaintiffs are granted leave to file their response to each said proposed motion to dismiss not to exceed 24 pages, and the Defendants are granted leave to file a reply in support of their respective dismissal motions not to exceed 10 pages, each document exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 11/5/2018. Text Only Entry (wjmsec, )
November 2, 2018 Filing 145 MOTION for Leave to File a Motion to Dismiss not to Exceed 30 Pages in Length by Defendants Jeremy Abelson, Mia Abelson, Irving Investors Income Fund LLC, Irving Investors Privates, LLC, Irving Investors Real Estate Fund I, LLC, MSM Capital Management, Inc.. (Lipman, Alex)
October 31, 2018 Opinion or Order Filing 144 ORDER granting Defendants Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz, and JZ Capital, LLC's Unopposed Request for Leave to File a Motion to Dismiss that is 30 Pages in Length #142 . Moving Defendants' Motion is GRANTED for good cause shown. The Moving Defendants are granted leave to file their Motion to Dismiss, not to exceed 30 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 10/31/2018. Text Only Entry (wjmsec, )
October 31, 2018 Filing 143 Unopposed MOTION to Strike Certain Allegations by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Attachments: #1 Exhibit A)(Haddon, Harold)
October 30, 2018 Filing 142 MOTION for Leave to File A Motion to Dismiss that is 30 Pages in Length by Defendants JZ Capital, LLC, Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz. (Pankratz, Craig)
October 30, 2018 Opinion or Order Filing 141 ORDER granting the Unopposed Motion Requesting Additional Pages for Motion to Dismiss Amended Consolidated Complaint on Behalf of Defendants Brandon Perry, Global Cap Limited, Inc., Allied Funding, Inc., Haven Capital Ventures, Inc., Pinehurst Capital, Inc., William Sandler, Andrew Harrison, Rancho Holdings, LLC, SMM Investments, Inc., Stewart Miller, Arrowhead Investments, Inc., Steven Shoflick, Alterman Harrison Investments, Inc., Bennett Paul Alterman, Rio Norte Capital, Inc., Kenneth Lande, JAF Holdings, Inc., Preakness Capital Management, Inc., Todd Eberstein, Mesa Investment Partners, LLC, William Hall, Nancy Davis, the Davis Family Office, DTA Capital, Inc., Ronald Vlosich, Lion Gate Capital, Inc., Kenneth Rickel, Mack Investor Group, Inc., Aaron Wolk, Quandary Capital, Inc., and Melissa MacKiernan #140 . The Moving Defendants' Motion is GRANTED for good cause shown. The Moving Defendants are granted leave to file their Motion to Dismiss not to exceed 30 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 10/30/2018. Text Only Entry (wjmsec, )
October 30, 2018 Filing 140 First MOTION for Leave to Requesting Additional Pages for Motion to Dismiss Amended Consolidated Complaint #83 Amended Complaint,, by Defendants Allied Funding, Inc., Bennett Paul Alterman, Alterman Harrison Investments, Inc., Arrowhead Investments, Inc., DTA Capital Inc., Nancy Davis, Davis Family Office, Inc., Todd J. Eberstein, Global Cap Limited, Inc., William Hall, Andrew Harrison, Haven Capital Ventures Inc., JAF Holdings Inc., Ken Lande, Lion Gate Capital, Inc., Mack Investor Group, Inc., Melissa Mackiernan, Mesa Investment Partners, LLC, Stewart Miller, Brandon Perry, Pinehurst Capital, Inc., Preakness Capital Management Inc., Quandary Capital Inc., Rancho Holdings, LLC, Kenneth Rickel, Rio Norte Capital, Inc., SMM Investments, Inc., William Sandler, Steve Shoflick, Ronald Stephen Vlosich, Aaron Wolk. (Zisser, David)
October 29, 2018 Opinion or Order Filing 139 ORDER granting #137 Motion for Extension of Time. The deadline for Plaintiffs to respond to Defendants' forthcoming motions to dismiss is 1/14/2019 and Defendants shall then have until 2/13/2019 to file replies in support of their motions to dismiss. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/29/2018. Text Only Entry (stvlc1, )
October 29, 2018 Filing 138 MEMORANDUM regarding #137 MOTION for Extension of Time to Brief Anticipated Motions to Dismiss filed by Birchwood Resources Inc., Detroit Street Partners Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 10/29/2018. Text Only Entry (wjmsec, )
October 29, 2018 Filing 137 MOTION for Extension of Time to Brief Anticipated Motions to Dismiss by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Coyle, Lisa)
October 25, 2018 Filing 136 MINUTE ENTRY for Telephonic Status Conference held before Magistrate Judge Scott T. Varholak on 10/25/2018. Status Conference set for 5/1/2019 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Parties may appear by telephone by initiating a conference call among themselves first and then contacting the court at (303) 335-2365 at the scheduled date and time. FTR: STV - 402. (morti, )
October 22, 2018 Filing 135 TRANSCRIPT of Motion Hearing held on October 9, 2018 before Magistrate Judge Varholak. Pages: 1-18. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, )
October 11, 2018 Opinion or Order Filing 134 ORDER granting #128 Motion for Leave to Restrict Access to Unredacted Versions of Exhibits 3-14 of the Amended Consolidated Complaint at Document Restriction Level 1. The Clerk of Court is directed to maintain Docket Nos. 116 through 127 at Restriction Level 1. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/11/2018. Text Only Entry (stvlc1, )
October 9, 2018 Opinion or Order Filing 133 ORDER granting #130 Motion to Withdraw as Counsel. David A. Zisser and Jones & Keller, P.C. are relieved of any further representation of Defendants Irving Investors Income Fund, LLC, Irving Investors Privates, LLC, Irving Investors Real Estate Fund I, LLC, Jeremy Abelson, Mia Abelson and MSM Capital Management. Defendants Irving Investors Income Fund, LLC, Irving Investors Privates, LLC, Irving Investors Real Estate Fund I, LLC, Jeremy Abelson, Mia Abelson and MSM Capital Management shall continue to be represented by Alex Lipman, Angela Marie Papalaskaris, and Stephen Andrew Best. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/09/2018. Text Only Entry (stvlc1, )
October 9, 2018 Filing 132 MEMORANDUM regarding #130 First MOTION to Withdraw as Counsel for filed by Irving Investors Real Estate Fund I, LLC, Irving Investors Privates, LLC, Mia Abelson, Jeremy Abelson, MSM Capital Management, Inc., Irving Investors Income Fund LLC. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 10/9/2018. Text Only Entry (wjmsec, )
October 9, 2018 Filing 131 MINUTE ENTRY for Motion Hearing held before Magistrate Judge Scott T. Varholak held on 10/9/2018. #105 Plaintiffs Motion for Leave to Restrict Access to Un-RedactedVersions of Exhibits A, 1, and 2 to the Amended Consolidated Complaint at Document Restriction Level 2 is DENIED and the Level 2 restriction shall be removed from Exhibits A, 1, and 2 to the Amended Consolidated Complaint and should be restricted at a Level 1. #109 Defendants James A. Lustig, JAL Ventures Corporation, CLFS Equities, LLLP, and United Capital Management, Inc.s Motion for Leave to Restrict JAL Exhibit B to ECF No. 107 Under Level 1Restriction is GRANTED. FTR: STV - 402. (morti, )
October 5, 2018 Filing 130 First MOTION to Withdraw as Counsel for by Defendants Jeremy Abelson, Mia Abelson, Irving Investors Income Fund LLC, Irving Investors Privates, LLC, Irving Investors Real Estate Fund I, LLC, MSM Capital Management, Inc.. (Zisser, David)
October 5, 2018 Filing 129 MEMORANDUM regarding #128 MOTION for Leave to Restrict filed by Birchwood Resources Inc., Detroit Street Partners Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 10/5/2018. Text Only Entry (wjmsec, )
October 4, 2018 Filing 128 MOTION for Leave to Restrict by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Coyle, Lisa)
October 4, 2018 Filing 127 RESTRICTED DOCUMENT - Level 1 - Exhibit 14 to #83 Amended : by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 10/5/2018 to add title (angar, ).
October 4, 2018 Filing 126 RESTRICTED DOCUMENT - Level 1 - Exhibit 13 to #83 Amended : by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 10/5/2018 to add title (angar, ).
October 4, 2018 Filing 125 RESTRICTED DOCUMENT - Level 1 - Exhibit 12 to #83 Amended : by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 10/5/2018 to add title (angar, ).
October 4, 2018 Filing 124 RESTRICTED DOCUMENT - Level 1 - exhibit 11 to #83 Amended : by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 10/5/2018 to add title (angar, ).
October 4, 2018 Filing 123 RESTRICTED DOCUMENT - Level 1 - Exhibit 10 to #83 Amended : by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 10/5/2018 to add title (angar, ).
October 4, 2018 Filing 122 RESTRICTED DOCUMENT - Level 1 - Exhibit 9 to #83 Amended : by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 10/5/2018 to add title (angar, ).
October 4, 2018 Filing 121 RESTRICTED DOCUMENT - Level 1 - Exhibit 8 to #83 Amended : by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 10/5/2018 to add title (angar, ).
October 4, 2018 Filing 120 RESTRICTED DOCUMENT - Level 1 - Exhibit 7 to #83 Amended : by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 10/5/2018 to add title (angar, ).
October 4, 2018 Filing 119 RESTRICTED DOCUMENT - Level 1 - exhibit 6 to #83 Amended : by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 10/5/2018 to add title (angar, ).
October 4, 2018 Filing 118 RESTRICTED DOCUMENT - Level 1 - exhibit 5 to #83 Amended : by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 10/5/2018 to add title (angar, ).
October 4, 2018 Filing 117 RESTRICTED DOCUMENT - Level 1 - Exhibit 4 to #83 Amended Complaint : by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 10/5/2018 to add title (angar, ).
October 4, 2018 Filing 116 RESTRICTED DOCUMENT - Level 1 - Exhibit 3 to #83 Amended Complaint : by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 10/5/2018 to add title (angar, ).
October 3, 2018 Filing 115 NOTICE of Entry of Appearance by Alex Lipman on behalf of Jeremy Abelson, Mia Abelson, Irving Investors Income Fund LLC, Irving Investors Privates, LLC, Irving Investors Real Estate Fund I, LLC, MSM Capital Management, Inc.Attorney Alex Lipman added to party Jeremy Abelson(pty:dft), Attorney Alex Lipman added to party Mia Abelson(pty:dft), Attorney Alex Lipman added to party Irving Investors Income Fund LLC(pty:dft), Attorney Alex Lipman added to party Irving Investors Privates, LLC(pty:dft), Attorney Alex Lipman added to party Irving Investors Real Estate Fund I, LLC(pty:dft), Attorney Alex Lipman added to party MSM Capital Management, Inc.(pty:dft) (Lipman, Alex)
October 3, 2018 Filing 114 NOTICE of Entry of Appearance by Angela Marie Papalaskaris on behalf of Jeremy Abelson, Mia Abelson, Irving Investors Income Fund LLC, Irving Investors Privates, LLC, Irving Investors Real Estate Fund I, LLC, MSM Capital Management, Inc.Attorney Angela Marie Papalaskaris added to party Jeremy Abelson(pty:dft), Attorney Angela Marie Papalaskaris added to party Mia Abelson(pty:dft), Attorney Angela Marie Papalaskaris added to party Irving Investors Income Fund LLC(pty:dft), Attorney Angela Marie Papalaskaris added to party Irving Investors Privates, LLC(pty:dft), Attorney Angela Marie Papalaskaris added to party Irving Investors Real Estate Fund I, LLC(pty:dft), Attorney Angela Marie Papalaskaris added to party MSM Capital Management, Inc.(pty:dft) (Papalaskaris, Angela)
October 3, 2018 Filing 113 NOTICE of Entry of Appearance by Stephen Andrew Best on behalf of Jeremy Abelson, Mia Abelson, Irving Investors Income Fund LLC, Irving Investors Privates, LLC, Irving Investors Real Estate Fund I, LLC, MSM Capital Management, Inc.Attorney Stephen Andrew Best added to party Jeremy Abelson(pty:dft), Attorney Stephen Andrew Best added to party Mia Abelson(pty:dft), Attorney Stephen Andrew Best added to party Irving Investors Income Fund LLC(pty:dft), Attorney Stephen Andrew Best added to party Irving Investors Privates, LLC(pty:dft), Attorney Stephen Andrew Best added to party Irving Investors Real Estate Fund I, LLC(pty:dft), Attorney Stephen Andrew Best added to party MSM Capital Management, Inc.(pty:dft) (Best, Stephen)
September 28, 2018 Opinion or Order Filing 112 MINUTE ORDER A Telephonic Motion Hearing re: #105 Plaintiffs' Motion for Leave to Restrict and #109 Defendants' Motion for Leave to Restrict is set for 10/9/2018 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall participate in the Hearing by initiating a call among all individuals participating in the Hearing and then calling the Court at 303.335.2365 at the scheduled time. Plaintiffs shall file a Reply in Support of #105 Plaintiffs' Motion for Leave to Restrict and a Response to #109 Defendants' Motion for Leave to Restrict on or before 10/04/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/28/2018. Text Only Entry (stvlc1, )
September 27, 2018 Filing 111 First MOTION for Joinder to Objection and Response by CLFS Equities, et al by Defendants Allied Funding, Inc., Bennett Paul Alterman, Alterman Harrison Investments, Inc., Arrowhead Investments, Inc., DTA Capital Inc., Nancy Davis, Davis Family Office, Inc., Todd J. Eberstein, Global Cap Limited, Inc., William Hall, Andrew Harrison, Haven Capital Ventures Inc., JAF Holdings Inc., Ken Lande, Lion Gate Capital, Inc., Mack Investor Group, Inc., Melissa Mackiernan, Mesa Investment Partners, LLC, Stewart Miller, Brandon Perry, Pinehurst Capital, Inc., Preakness Capital Management Inc., Quandary Capital Inc., Rancho Holdings, LLC, Kenneth Rickel, Rio Norte Capital, Inc., SMM Investments, Inc., William Sandler, Steve Shoflick, Ronald Stephen Vlosich, Aaron Wolk. (Zisser, David)
September 27, 2018 Filing 110 MEMORANDUM regarding #109 MOTION for Leave to Restrict filed by CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 9/27/2018. Text Only Entry (wjmsec, )
September 27, 2018 Filing 109 MOTION for Leave to Restrict by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Jordan, Saskia)
September 27, 2018 Filing 108 RESTRICTED DOCUMENT - Level 1 - JAL Exhibit B to #107 : by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc... (Jordan, Saskia) Modified on 9/27/2018 to add title (angar, ). Modified on 9/28/2018 to correct text (angar, ).
September 27, 2018 Filing 107 RESPONSE to #105 MOTION for Leave to Restrict Access to Unredacted Versions of Exhibits A, 1, and 2 to the Amended Consolidated Complaint at Document Restriction Level 2 filed by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Attachments: #1 JAL Exhibit A)(Jordan, Saskia)
September 24, 2018 Filing 106 MEMORANDUM regarding #105 MOTION for Leave to Restrict filed by Birchwood Resources Inc., Detroit Street Partners Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 9/24/2018. Text Only Entry (wjmsec, )
September 24, 2018 Filing 105 MOTION for Leave to Restrict by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Coyle, Lisa)
September 24, 2018 Filing 104 RESTRICTED DOCUMENT - Level 1: Exhibit 2 by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc. (Coyle, Lisa) Modified on 10/9/2018 to change restriction to Level 1 and add document description pursuant to #131 (jgonz, ).
September 24, 2018 Filing 103 RESTRICTED DOCUMENT - Level 1: Exhibit 1 by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc. (Coyle, Lisa) Modified on 10/9/2018 to change restriction to Level 1 and add document description pursuant to #131 (jgonz, ).
September 24, 2018 Filing 102 RESTRICTED DOCUMENT - Level 1: Exhibit A by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 10/9/2018 change restriction to Level 1 and add document description pursuant to #131 (jgonz, ).
September 18, 2018 Opinion or Order Filing 101 ORDER granting the Joint Stipulated Motion Requesting Additional Pages for Motion to Dismiss Amended Consolidated Complaint #100 . The Joint Motion is GRANTED for good cause shown. Defendants James A. Lustig, JAL Ventures Corporation, CLFS Equities, LLLP, and United Capital Management, Inc. ("the JAL Defendants"), are granted leave to file their Motion to Dismiss the Amended Consolidated Complaint not to exceed 30 pages, exclusive of attorney signature blocks and certificate of service. It is FURTHER ORDERED that Plaintiffs are granted leave to file a response to said Motion to Dismiss not to exceed 30 pages, and the JAL Defendants are granted leave to file their reply not to exceed 20 pages. SO ORDERED by Judge William J. Martinez on 9/18/2018. Text Only Entry (wjmsec, )
September 17, 2018 Filing 100 Joint MOTION for Leave to request additional pages for Motion to Dismiss, Stipulated #83 Amended Complaint,, #1 Complaint, by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Jordan, Saskia)
September 12, 2018 Opinion or Order Filing 99 ORDER granting #97 Motion for Enlargement of Time to Respond to the Amended Consolidated Complaint. The deadline for Moving Defendants to respond to the operative complaint is extended until 11/13/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/12/2018. Text Only Entry (stvlc1, )
September 12, 2018 Filing 98 MEMORANDUM regarding #97 First MOTION for Extension of Time to File Answer or Otherwise Respond to Amended Consolidated Complaint filed by Irving Investors Real Estate Fund I, LLC, Davis Family Office, Inc., Arrowhead Investments, Inc., Irving Investors Income Fund LLC, SMM Investments, Inc., Irving Investors Privates, LLC, Lion Gate Capital, Inc., Bennett Paul Alterman, Rancho Holdings, LLC, Rio Norte Capital, Inc., Haven Capital Ventures Inc., Todd J. Eberstein, Andrew Harrison, Stewart Miller, Nancy Davis, Alterman Harrison Investments, Inc., William Hall, William Sandler, Global Cap Limited, Inc., Ronald Stephen Vlosich, Brandon Perry, Quandary Capital Inc., Pinehurst Capital, Inc., Steve Shoflick, Allied Funding, Inc., JAF Holdings Inc., DTA Capital Inc., Ken Lande, Mia Abelson, Preakness Capital Management Inc., Mesa Investment Partners, LLC, Aaron Wolk, Kenneth Rickel, Melissa Mackiernan, Mack Investor Group, Inc., Jeremy Abelson, MSM Capital Management, Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 9/12/2018. Text Only Entry (wjmsec, )
September 12, 2018 Filing 97 First MOTION for Extension of Time to File Answer or Otherwise Respond to Amended Consolidated Complaint by Defendants Jeremy Abelson, Mia Abelson, Allied Funding, Inc., Bennett Paul Alterman, Alterman Harrison Investments, Inc., Arrowhead Investments, Inc., DTA Capital Inc., Nancy Davis, Davis Family Office, Inc., Todd J. Eberstein, Global Cap Limited, Inc., William Hall, Andrew Harrison, Haven Capital Ventures Inc., Irving Investors Income Fund LLC, Irving Investors Privates, LLC, Irving Investors Real Estate Fund I, LLC, JAF Holdings Inc., Ken Lande, Lion Gate Capital, Inc., MSM Capital Management, Inc., Mack Investor Group, Inc., Melissa Mackiernan, Mesa Investment Partners, LLC, Stewart Miller, Brandon Perry, Pinehurst Capital, Inc., Preakness Capital Management Inc., Quandary Capital Inc., Rancho Holdings, LLC, Kenneth Rickel, Rio Norte Capital, Inc., SMM Investments, Inc., William Sandler, Steve Shoflick, Ronald Stephen Vlosich, Aaron Wolk. (Zisser, David)
September 7, 2018 Opinion or Order Filing 96 ORDER granting #94 Motion for Extension of Time to Answer or Otherwise Respond. Defendants Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz, and JZ Capital, LLC shall answer or otherwise respond to the Amended Consolidated Complaint #83 on or before 11/13/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/7/2018. Text Only Entry (stvlc2, )
September 7, 2018 Filing 95 MEMORANDUM regarding #94 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #83 Amended Complaint,, filed by Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz, JZ Capital, LLC. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 9/7/2018. Text Only Entry (wjmsec, )
September 7, 2018 Filing 94 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #83 Amended Complaint,, by Defendants JZ Capital, LLC, Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz. (Pankratz, Craig)
September 7, 2018 Opinion or Order Filing 93 ORDER granting #90 Motion for Extension of Time to Answer or Otherwise Respond. Defendants James A. Lustig, JAL Ventures Corporation, CLFS Equities, LLLP, and United Capital Management, Inc. (the JAL defendants) shall answer or otherwise respond to the Amended Consolidated Complaint #83 on or before 11/13/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/7/2018. Text Only Entry (stvlc2, )
September 7, 2018 Filing 92 RESPONSE to #90 MOTION for Extension of Time to File Answer or Otherwise Respond re #83 Amended Complaint,, Consent to Motion Subject to Clarification filed by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Coyle, Lisa)
September 7, 2018 Filing 91 MEMORANDUM regarding #90 MOTION for Extension of Time to File Answer or Otherwise Respond re #83 Amended Complaint,, filed by CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 9/7/2018. Text Only Entry (wjmsec, )
September 6, 2018 Filing 90 MOTION for Extension of Time to File Answer or Otherwise Respond re #83 Amended Complaint,, by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Jordan, Saskia)
September 4, 2018 Opinion or Order Filing 89 ORDER granting #85 Motion for Leave to Restrict. The Clerk of Court is instructed to maintain #88 , Exhibit A to Plaintiffs' Amended Complaint #83 , under Restriction Level 1. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/4/2018. Text Only Entry (stvlc2, )
September 4, 2018 Filing 88 (RESTRICTED DOCUMENT - Level 1) Corrected Exhibit A to #83 Amended Complaint by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified to add title on 9/5/2018 (cthom, ).
September 4, 2018 Filing 87 STIPULATION of Dismissal of Party John Goldenberg, Prudent Capital, LLC, Jordan Cohen, JMC Capital, Inc., Daniel Pepper, Flamingo Group, Inc., Ricki Rest, Peak Capital Partners, Inc. and Brett Perry by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Coyle, Lisa)
September 4, 2018 Filing 86 MEMORANDUM regarding #85 MOTION for Leave to Restrict filed by Birchwood Resources Inc., Detroit Street Partners Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 9/4/2018. Text Only Entry (wjmsec, )
August 31, 2018 Filing 85 MOTION for Leave to Restrict by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Coyle, Lisa)
August 31, 2018 Filing 84 RESTRICTED DOCUMENT - Level 1 - Exhibits to #83 Amended Complaint : by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc... (Coyle, Lisa) Modified on 9/4/2018 to add title (angar, ).
August 31, 2018 Filing 83 AMENDED COMPLAINT Amended Consolidated Complaint against All Defendants, filed by Birchwood Resources Inc., Detroit Street Partners Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14)(Coyle, Lisa)
August 28, 2018 Filing 82 NOTICE re #81 Notice of Dismissal of Party Corrected Notice of Voluntary Dismissal and Request to So Order by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc. (Coyle, Lisa)
August 27, 2018 Filing 81 NOTICE of Voluntary Dismissal of Party Rock Springs Investments, LLC and Jonathan Vinnik by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc. (Coyle, Lisa)
August 8, 2018 Opinion or Order Filing 80 ORDER striking Plaintiffs' First Amended Complaint and Jury Demand #79 . Plaintiffs' First Amended Complaint is STRICKEN without prejudice to refiling before August 31, 2018 an Amended Consolidated Complaint which complies in all respects to Items 2, 4, and 5 of this Court's Order Consolidating Cases #78 entered earlier today. SO ORDERED by Judge William J. Martinez on 8/8/2018. Text Only Entry (wjmsec, )
August 8, 2018 Filing 79 STRICKEN First AMENDED COMPLAINT and Jury Demand, against Jeremy Abelson, Mia Abelson, Allied Funding, Inc., Bennett Paul Alterman, Alterman Harrison Investments, Inc., Arrowhead Investments, Inc., CLFS Equities, LLLP, Jordan Cohen, DTA Capital Inc., Nancy Davis, Davis Family Office, Inc., Todd J. Eberstein, Jan Falber, Flamingo Group, Inc., Global Cap Limited, Inc., John Goldenberg, William Hall, Andrew Harrison, Haven Capital Ventures Inc., Irving Investors Income Fund LLC, Irving Investors LLC, Irving Investors Privates, LLC, Irving Investors Real Estate Fund I, LLC, JAF Holdings Inc., JAL Ventures Corporation, JMC Capital, Inc., JZ Capital, LLC, James A. Lustig, Ken Lande, Lion Gate Capital, Inc., MSM Capital Management, Inc., Mack Investor Group, Inc., Melissa Mackiernan, Jonathan Marsico, Mesa Investment Partners, LLC, Stewart Miller, Peak Capital Partners Inc., Danny Pepper, Brandon Perry, Brett Perry, Pinehurst Capital, Inc., Preakness Capital Management Inc., Prudent Capital LLC, Quandary Capital Inc., Rancho Holdings, LLC, Ricki Rest, Kenneth Rickel, Rio Norte Capital, Inc., Rock Springs Investments LLC, SMM Investments, Inc., William Sandler, Steve Shoflick, Ultimate Ventures, Inc., United Capital Management, Inc., Jonathan Vinnik, Ronald Stephen Vlosich, Aaron Wolk, Samuel Zaitz, filed by Birchwood Resources Inc., Detroit Street Partners Inc..(angar, )filed from 18-cv-190-WJM-STV ECF 13 filed 2/19/2018 - member case - Pursuant to #78 Order Modified on 8/8/2018 pursuant 80 Order (angar, ).
August 8, 2018 Opinion or Order Filing 78 ORDER Consolidating Cases. The Joint Motion (ECF No. #48 ) is GRANTED IN PART and DENIED IN PART. The Court GRANTS LEAVE for Plaintiffs to file an Amended Consolidated Complaint in the consolidated action by August 31, 2018. The parties request to stay discovery is DENIED given that no predicate motion to dismiss is pending before the Court. Defendants' Unopposed Motion to Consolidate and Opposed Motion to Determine That Plaintiffs May Only Amend Complaint with Leave of Court (ECF No. #34 ) is DENIED AS MOOT. ORDERED by Judge William J. Martinez on 8/8/2018. (angar, )
August 3, 2018 Filing 77 MINUTE ENTRY for Telephone Status Conference held before Magistrate Judge Scott T. Varholak on 8/3/2018. Status Conference set for 10/25/2018 10:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. FTR: STV - C203. (morti, )
August 1, 2018 Filing 76 NOTICE of Entry of Appearance by Craig Lee Pankratz on behalf of JZ Capital, LLC, Jonathan Marsico, Ultimate Ventures, Inc., Samuel ZaitzAttorney Craig Lee Pankratz added to party JZ Capital, LLC(pty:dft), Attorney Craig Lee Pankratz added to party Jonathan Marsico(pty:dft), Attorney Craig Lee Pankratz added to party Ultimate Ventures, Inc.(pty:dft), Attorney Craig Lee Pankratz added to party Samuel Zaitz(pty:dft) (Pankratz, Craig)
June 14, 2018 Filing 75 MINUTE ENTRY for Telephone Status Conference held before Magistrate Judge Scott T. Varholak on 6/14/2018. Status Conference set for 8/3/2018 01:30 PM in Courtroom C203 before Magistrate Judge Scott T. Varholak. Parties may participate by telephone by first initiating a conference call among themselves and then contacting the court at (303) 335-2365 at the scheduled date and time. FTR: STV - C203. (morti, )
May 2, 2018 Opinion or Order Filing 74 MINUTE ORDER. Due to a conflict on the Court's calendar, the Status Conference set for 6/7/2018 10:00 AM is VACATED and RESET for 6/14/2018 10:00 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. The parties may appear by telephone by initiating a conference call among all individuals participating by telephone and then contacting the court at 303.335.2365 at the scheduled time. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/2/2018. Text Only Entry (stvlc2, )
April 30, 2018 Opinion or Order Filing 73 ORDER granting in part and denying in part #69 Motion for Extension of Time to Respond to Complaint and #70 Motion for Extension of Time to Respond to Complaint. The deadline for ALL defendants to respond to the operative complaint is extended until a future date to be set by the Court at the Status Conference on 6/7/2018 10:00 AM. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/30/2018. Text Only Entry (stvlc1, )
April 27, 2018 Filing 72 MEMORANDUM regarding #70 Third MOTION for Extension of Time to File Answer or Otherwise Respond re #31 Amended Complaint,,, filed by Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz, JZ Capital, LLC. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 4/27/2018. Text Only Entry (wjmsec, )
April 27, 2018 Filing 71 MEMORANDUM regarding #69 Third MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint, Unopposed filed by CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 4/27/2018. Text Only Entry (wjmsec, )
April 26, 2018 Filing 70 Third MOTION for Extension of Time to File Answer or Otherwise Respond re #31 Amended Complaint,,, by Defendants JZ Capital, LLC, Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz. (Springer, Jeffrey)
April 26, 2018 Filing 69 Third MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint, Unopposed by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Jordan, Saskia)
April 25, 2018 Opinion or Order Filing 68 MINUTE ORDER In light of the pending #48 Joint Motion to Consolidate Pending Actions for All Purposes Including Trial and to Allow Plaintiffs to File One Additional Complaint in the Consolidated Action, the Status Conference set for 5/1/2018 10:00 AM is VACATED and RESET for 6/7/2018 10:00 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. The parties may appear by telephone by initiating a conference call among all individuals participating by telephone and then contacting the court at 303.335.2365 at the scheduled time. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/25/2018. Text Only Entry (stvlc1, )
April 17, 2018 Opinion or Order Filing 67 ORDER granting #65 Motion to Withdraw as Co-Counsel of Record. Attorney Michael P. Zwiebel is relieved of any further representation of Defendants Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz, and JZ Capital, LLC. The Clerk of Court is instructed to terminate Attorney Zwiebel as counsel of record, and to remove his name from the electronic certificate of mailing. Defendants Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz, and JZ Capital, LLC shall continue to be represented by Attorney Jeffrey Alan Springer. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/17/2018. Text Only Entry (stvlc1, )
April 17, 2018 Filing 66 MEMORANDUM regarding #65 MOTION to Withdraw as Attorney filed by Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz, JZ Capital, LLC. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 4/17/2018. Text Only Entry (wjmsec, )
April 17, 2018 Filing 65 MOTION to Withdraw as Attorney by Defendants JZ Capital, LLC, Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz. (Zwiebel, Michael)
March 22, 2018 Opinion or Order Filing 64 ORDER granting #62 Motion for Enlargement of Time to Respond to the Amended Complaint. The deadline for Defendants to respond to #31 Amended Complaint is extended until 5/18/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/22/2018. Text Only Entry (stvlc1, )
March 22, 2018 Filing 63 MEMORANDUM regarding #62 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #31 Amended Complaint,,, filed by Arrowhead Investments, Inc., Steve Shoflick, Pinehurst Capital, Inc., JAF Holdings Inc., JMC Capital, Inc., Allied Funding, Inc., Ricki Rest, Jordan Cohen, SMM Investments, Inc., Bennett Paul Alterman, Ken Lande, Rancho Holdings, LLC, Peak Capital Partners Inc., Rio Norte Capital, Inc., Preakness Capital Management Inc., Mesa Investment Partners, LLC, Haven Capital Ventures Inc., Todd J. Eberstein, Andrew Harrison, Stewart Miller, Alterman Harrison Investments, Inc., Brett Perry, William Hall, William Sandler, Global Cap Limited, Inc., Brandon Perry. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 3/22/2018. Text Only Entry (wjmsec, )
March 22, 2018 Filing 62 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #31 Amended Complaint,,, by Defendants Allied Funding, Inc., Bennett Paul Alterman, Alterman Harrison Investments, Inc., Arrowhead Investments, Inc., Jordan Cohen, Todd J. Eberstein, Global Cap Limited, Inc., William Hall, Andrew Harrison, Haven Capital Ventures Inc., JAF Holdings Inc., JMC Capital, Inc., Ken Lande, Mesa Investment Partners, LLC, Stewart Miller, Peak Capital Partners Inc., Brandon Perry, Brett Perry, Pinehurst Capital, Inc., Preakness Capital Management Inc., Rancho Holdings, LLC, Ricki Rest, Rio Norte Capital, Inc., SMM Investments, Inc., William Sandler, Steve Shoflick. (Zisser, David)
March 20, 2018 Opinion or Order Filing 61 ORDER granting #59 Motion for Extension of Time to Respond to complaint. The deadline for Defendants to respond to #31 Amended Complaint is extended until 5/18/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/20/2018. Text Only Entry (stvlc1, )
March 20, 2018 Filing 60 MEMORANDUM regarding #59 Second MOTION for Extension of Time to File Answer or Otherwise Respond re #31 Amended Complaint,,, #1 Complaint, filed by Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz, JZ Capital, LLC. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 3/20/2018. Text Only Entry (wjmsec, )
March 20, 2018 Filing 59 Second MOTION for Extension of Time to File Answer or Otherwise Respond re #31 Amended Complaint,,, #1 Complaint, by Defendants JZ Capital, LLC, Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz. (Zwiebel, Michael)
March 19, 2018 Filing 58 SUMMONS Returned Executed by Birchwood Resources Inc., Detroit Street Partners Inc.. Andrew Harrison served on 3/15/2018, answer due 4/5/2018. (Hannum, David)
March 18, 2018 Opinion or Order Filing 57 ORDER granting in part and denying in part #55 Motion for Extension of Time to Respond to Complaint (the "Motion for Extension"). The Motion for Extension seeks to extend the deadline for Defendants to respond to the operative complaint until 75 days after Plaintiff files a consolidated amended compliant, pursuant to #48 Joint Motion to Consolidate Pending Actions for All Purposes Including Trial and to Allow Plaintiffs to File One Additional Complaint in the Consolidated Action (the "Joint Motion to Consolidate"). The Joint Motion to Consolidate is still pending and has not been referred to this Court. Defendants' request to tie their response date to the filing of a consolidated amended complaint thus is premature. In the meantime, the deadline for Defendants to respond to #31 Amended Complaint is extended until 5/18/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/18/2018. Text Only Entry (stvlc1, )
March 16, 2018 Filing 56 MEMORANDUM regarding #55 Second MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint, Unopposed filed by CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 3/16/2018. Text Only Entry (wjmsec, )
March 16, 2018 Filing 55 Second MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint, Unopposed by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Jordan, Saskia)
March 15, 2018 Opinion or Order Filing 54 ORDER granting in part and denying in part #50 Motion for Extension of Time to File. The Motion is DENIED as moot with respect to Defendants JMC Capital Inc., Pinehurst Capital, Inc., and William Sandler, as these Defendants waived service on 3/15/18 #53 . The Motion is GRANTED with respect to Defendant Andrew Harrison. Plaintiffs represent that they have attempted to serve Harrison on multiple occasions and are still attempting service at different locations. Plaintiffs' efforts constitute good cause under Fed. R. Civ. P. 4(m). Accordingly, Plaintiffs shall serve Defendant Harrison by 4/16/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/15/2018. Text Only Entry (stvlc2, )
March 15, 2018 Filing 53 WAIVER OF SERVICE Returned Executed by Birchwood Resources Inc., Detroit Street Partners Inc.. JMC Capital, Inc. waiver sent on 3/15/2018, answer due 5/14/2018; Pinehurst Capital, Inc. waiver sent on 3/15/2018, answer due 5/14/2018; William Sandler waiver sent on 3/15/2018, answer due 5/14/2018. (Attachments: #1 Continuation of Main Document Rule 4 Waiver of Service)(Coyle, Lisa)
March 14, 2018 Filing 52 MEMORANDUM regarding #50 First MOTION for Extension of Time to Complete Service of Defendants filed by Birchwood Resources Inc., Detroit Street Partners Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 3/14/2018. Text Only Entry (wjmsec, )
March 13, 2018 Filing 51 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #49 Waiver of Service Executed, filed by attorney David Alan Zisser. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases) and the s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases(Text Only Entry) (angar, )
March 13, 2018 Filing 50 First MOTION for Extension of Time to Complete Service of Defendants by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Coyle, Lisa)
March 13, 2018 Filing 49 WAIVER OF SERVICE Returned Executed by Birchwood Resources Inc., Detroit Street Partners Inc.. Jordan Cohen waiver sent on 3/13/2018, answer due 5/14/2018; Todd J. Eberstein answer due 5/14/2018; Mesa Investment Partners, LLC answer due 5/14/2018; Rancho Holdings, LLC answer due 5/14/2018. (Coyle, Lisa)
March 12, 2018 Filing 48 Joint MOTION to Consolidate Cases Pending Actions for All Purposes Including Trial and to Allow Plaintiffs to File One Additional Complaint in the Consolidated Action, Unopposed by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Jordan, Saskia)
March 8, 2018 Filing 47 REPLY to Response to #34 Unopposed MOTION to Consolidate Cases and Opposed Motion to Determine that Plaintiffs May Only Amend Complaint with Leave of Court filed by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Jordan, Saskia)
February 27, 2018 Filing 46 MINUTE ENTRY for Telephone Status Conference held before Magistrate Judge Scott T. Varholak on 2/27/2018. Status Conference set for 5/1/2018 10:00 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. Parties may appear by telephone by initiating a conference call among themselves first and then contacting the court at (303) 335-2365 at the scheduled date and time. FTR: STV - C203. (morti, )
February 23, 2018 Filing 45 BRIEF in Opposition to #34 Unopposed MOTION to Consolidate Cases and Opposed Motion to Determine that Plaintiffs May Only Amend Complaint with Leave of Court filed by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Attachments: #1 Affidavit David Hannum)(Coyle, Lisa)
February 14, 2018 Filing 44 SUMMONS Returned Executed by Birchwood Resources Inc., Detroit Street Partners Inc.. Arrowhead Investments, Inc. served on 2/6/2018, answer due 2/27/2018; Rock Springs Investments LLC served on 2/12/2018, answer due 3/5/2018; Steve Shoflick served on 2/6/2018, answer due 2/27/2018; Jonathan Vinnik served on 2/12/2018, answer due 3/5/2018. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit)(Hannum, David)
February 12, 2018 Filing 43 NOTICE of Filing Amended Pleading by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc. (Attachments: #1 Exhibit Exhibit 1)(Hannum, David)
February 12, 2018 Opinion or Order Filing 42 ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2017 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 2/ 12/2018. Text Only Entry (wjmsec, )
February 12, 2018 Opinion or Order Filing 41 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 2/12/2018. Text Only Entry (wjmsec, )
February 9, 2018 Filing 40 CASE REASSIGNED pursuant to #39 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 17-cv-02992-WJM. (Text Only Entry) (jgonz, )
February 8, 2018 Filing 39 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc. All parties do not consent.. (Hannum, David)
February 6, 2018 Filing 38 SUMMONSES issued by Clerk as to ROCK SPRINGS INVESTMENTS LLC, JONATHAN VINNIK. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (jgonz, )
February 6, 2018 Filing 37 SUMMONS REQUEST as to Jonathan Vinnik, Rock Springs Investments LLC by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Attachments: #1 Summons)(Hannum, David)
February 6, 2018 Filing 36 SUMMONS Returned Executed by Birchwood Resources Inc., Detroit Street Partners Inc.. William Hall served on 1/16/2018, answer due 3/26/2018. (Hannum, David) Modified on 1/6/2018 to modify answer deadline (jgonz, ).
February 2, 2018 Opinion or Order Filing 35 MINUTE ORDER In light of #34 Unopposed Motion to Consolidate Cases, the Scheduling Conference in this matter is VACATED and RESET as a Telephonic Status Conference on 2/27/2018 10:00 AM before Magistrate Judge Scott T. Varholak. The parties shall initiate a call among all individuals participating in the status conference before calling the Court at 303.335.2365 at the scheduled time. The parties shall file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form on or before 2/13/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/02/2018. Text Only Entry (stvlc1, )
February 2, 2018 Filing 34 Unopposed MOTION to Consolidate Cases and Opposed Motion to Determine that Plaintiffs May Only Amend Complaint with Leave of Court by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Jordan, Saskia)
February 1, 2018 Opinion or Order Filing 32 MINUTE ORDER On January 30, 2018, Plaintiffs filed #31 Amended Complaint. Pursuant to D.C.COLO.LCivR 15.1(a), "[a] party... who files an amended pleading under Fed. R. Civ. P. 15(a)(1) or with the consent of the opposing party shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through... the text to be deleted and underlines... the text to be added." As of the filing of this Minute Order, Plaintiffs have not yet filed the Notice required by D.C.COLO.LCivR 15.1(a). Plaintiffs shall file the Notice, with the required attachment, on or before 2/08/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/01/2018. Text Only Entry (stvlc1, )
January 30, 2018 Filing 33 Party DTA Capital Inc., Nancy Davis, Davis Family Office, Inc., Flamingo Group, Inc., John Goldenberg, Irving Investors Income Fund LLC, Irving Investors LLC, Irving Investors Privates, LLC, Irving Investors Real Estate Fund I, LLC, Lion Gate Capital, Inc., MSM Capital Management, Inc., Mack Investor Group, Inc., Melissa Mackiernan, Danny Pepper, Prudent Capital LLC, Quandary Capital Inc., Kenneth Rickel, Ronald Stephen Vlosich, Aaron Wolk, Jeremy Abelson and Mia Abelson terminated pursuant to #31 Amended Complaint. Text Only Entry (jgonz, )
January 30, 2018 Filing 31 AMENDED COMPLAINT and JURY DEMAND against Allied Funding, Inc., Bennett Paul Alterman, Alterman Harrison Investments, Inc., Arrowhead Investments, Inc., CLFS Equities, LLLP, Jake Cohen, Todd J. Eberstein, Jan Falber, Global Cap Limited, Inc., William Hall, Andrew Harrison, Haven Capital Ventures Inc., JAF Holdings Inc., JAL Ventures Corporation, JMC Capital, Inc., JZ Capital, LLC, James A. Lustig, Ken Lande, Jonathan Marsico, Mesa Investment Partners, LLC, Stewart Miller, Peak Capital Partners Inc., Brandon Perry, Brett Perry, Pinehurst Capital, Inc., Preakness Capital Management Inc., Rancho Holdings, LLC, Ricki Rest, Rio Norte Capital, Inc., Rock Springs Investments LLC, SMM Investments, Inc., William Sandler, Steve Shoflick, Ultimate Ventures, Inc., United Capital Management, Inc., Jonathan Vinnik, Samuel Zaitz, filed by Birchwood Resources Inc., Detroit Street Partners Inc..(Hannum, David)
January 25, 2018 Filing 30 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re #27 MOTION to Withdraw Document re #25 Amended Complaint, filed by attorney Perry R. Sanders, Jr. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jgonz, )
January 24, 2018 Opinion or Order Filing 29 ORDER granting in part and denying in part #26 Motion for Enlargement of Time to Respond to the Amended Complaint (the "Motion for Enlargement"). Although Defendants Brandon Perry, Global Cap Limited, Inc., Haven Capital Ventures Inc., Brett Perry, Pinehurst Capital, Inc., Allied Funding, Inc., William Sandler, Rancho Holdings, LLC, SMM Investments, Inc., Stewart Miller, Arrowhead Investments, Inc., Steven Shoflick, Alterman Harrison Investments, Inc., Bennett Paul Alterman, Rio Norte Capital, Inc. Kenneth Lande, JMC Capital, Inc., Jordan Cohen, JAF Holdings Inc., Peak Capital Partners, Inc., Ricki Rest, Preakness Capital Management Inc., and William Hall (collectively, the Moving Defendants) seek an extension of time to respond to #25 Amended Complaint and represent that Plaintiffs do not object to that request, Plaintiffs subsequently filed a motion to withdraw #25 Amended Complaint contending that it was filed in error. The Court thus interprets Moving Defendants' Motion for Enlargement as seeking an extension of time for Moving Defendants to respond to #1 Complaint. The deadline for Moving Defendants to respond to #1 Complaint is extended until 3/26/2018. To the extent Plaintiffs file an Amended Complaint and Moving Defendants require additional time beyond 3/26/2018 to respond to that Amended Complaint, Moving Defendants may file a renewed motion for additional time to respond. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/24/2018. Text Only Entry (stvlc1, )
January 24, 2018 Opinion or Order Filing 28 ORDER granting #27 Motion for Withdrawal of Erroneously Filed Amended Complaint. The Clerk of Court is directed to modify the docket entry for #25 Amended Complaint to reflect that the document has been WITHDRAWN. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/24/2018. Text Only Entry (stvlc1, )
January 23, 2018 Filing 27 MOTION to Withdraw Document re #25 Amended Complaint,,,,, by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Attachments: #1 Proposed Order (PDF Only))(Hannum, David)
January 23, 2018 Filing 26 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #25 Amended Complaint,,,,, by Defendants Allied Funding, Inc., Bennett Paul Alterman, Alterman Harrison Investments, Inc., Arrowhead Investments, Inc., Jake Cohen, Global Cap Limited, Inc., William Hall, Haven Capital Ventures Inc., JAF Holdings Inc., JMC Capital, Inc., Ken Lande, Stewart Miller, Peak Capital Partners Inc., Brandon Perry, Brett Perry, Pinehurst Capital, Inc., Preakness Capital Management Inc., Rancho Holdings, LLC, Ricki Rest, Rio Norte Capital, Inc., SMM Investments, Inc., William Sandler, Steve Shoflick. (Attachments: #1 Proposed Order (PDF Only))(Zisser, David)
January 22, 2018 Filing 25 WITHDRAWN AMENDED COMPLAINT and JURY DEMAND against Allied Funding, Inc., Bennett Paul Alterman, Alterman Harrison Investments, Inc., Arrowhead Investments, Inc., CLFS Equities, LLLP, Jake Cohen, Todd J. Eberstein, Jan Falber, Global Cap Limited, Inc., William Hall, Andrew Harrison, Haven Capital Ventures Inc., JAF Holdings Inc., JAL Ventures Corporation, JMC Capital, Inc., JZ Capital, LLC, James A. Lustig, Ken Lande, Jonathan Marsico, Mesa Investment Partners, LLC, Stewart Miller, Peak Capital Partners Inc., Brandon Perry, Brett Perry, Pinehurst Capital, Inc., Preakness Capital Management Inc., Rancho Holdings, LLC, Ricki Rest, Rio Norte Capital, Inc., SMM Investments, Inc., William Sandler, Steve Shoflick, Ultimate Ventures, Inc., United Capital Management, Inc., Samuel Zaitz, Davis Family Office, Inc., Nancy Davis, DTA Capital Inc., Ronald Stephen Vlosich, Flamingo Group, Inc., Danny Pepper, Irving Investors LLC, Irving Investors Income Fund LLC, Irving Investors Privates, LLC, Irving Investors Real Estate Fund I, LLC, Jeremy Abelson, Lion Gate Capital, Inc., Kenneth Rickel, Mack Investor Group, Inc., Aaron Wolk, MSM Capital Management, Inc., Mia Abelson, Prudent Capital LLC, John Goldenberg, Quandary Capital Inc., Melissa Mackiernan, Rock Springs Investments LLC, Jonathan Vinnik, filed by Birchwood Resources Inc., Detroit Street Partners Inc..(Hannum, David) Modified on 1/25/2018 (jgonz, ).
January 22, 2018 Opinion or Order Filing 24 ORDER granting in part and denying in part #23 Motion for Extension of Time to Respond to Complaint. The deadline for Defendants Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz, and JZ Capital, LLC to respond to #1 Complaint is extended until 3/26/2018. To the extent Plaintiffs file an Amended Complaint and Defendants Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz, and JZ Capital, LLC require additional time beyond 3/26/2018 to respond to that Amended Complaint, the Defendants Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz, and JZ Capital, LLC may file a renewed motion for additional time to respond. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/22/2018. Text Only Entry (stvlc1, )
January 19, 2018 Filing 23 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants JZ Capital, LLC, Jonathan Marsico, Ultimate Ventures, Inc., Samuel Zaitz. (Zwiebel, Michael)
January 18, 2018 Opinion or Order Filing 22 ORDER granting in part and denying in part #21 Motion for Extension of Time to Answer or Otherwise Respond. The deadline for Defendants James A. Lustig, JAL Ventures Corporation, CLFS Equities, LLLP, and United Capital Management, Inc. (the JAL Defendants) to respond to #1 Complaint (or any subsequently filed Amended Complaint) is extended until 3/26/2018. To the extent Plaintiffs file an Amended Complaint and the JAL Defendants require additional time beyond 3/26/2018 to respond to that Amended Complaint, the JAL Defendants may file a renewed motion for additional time to respond. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/18/2018. Text Only Entry (stvlc1, )
January 18, 2018 Filing 21 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Jordan, Saskia)
January 18, 2018 Filing 20 NOTICE of Entry of Appearance by Michael P. Zwiebel on behalf of JZ Capital, LLC, Jonathan Marsico, Ultimate Ventures, Inc., Samuel ZaitzAttorney Michael P. Zwiebel added to party JZ Capital, LLC(pty:dft), Attorney Michael P. Zwiebel added to party Jonathan Marsico(pty:dft), Attorney Michael P. Zwiebel added to party Ultimate Ventures, Inc.(pty:dft), Attorney Michael P. Zwiebel added to party Samuel Zaitz(pty:dft) (Zwiebel, Michael)
January 18, 2018 Filing 19 NOTICE of Entry of Appearance by Jeffrey Alan Springer on behalf of JZ Capital, LLC, Jonathan Marsico, Ultimate Ventures, Inc., Samuel ZaitzAttorney Jeffrey Alan Springer added to party JZ Capital, LLC(pty:dft), Attorney Jeffrey Alan Springer added to party Jonathan Marsico(pty:dft), Attorney Jeffrey Alan Springer added to party Ultimate Ventures, Inc.(pty:dft), Attorney Jeffrey Alan Springer added to party Samuel Zaitz(pty:dft) (Springer, Jeffrey)
January 17, 2018 Filing 18 NOTICE of Entry of Appearance by Christopher John Clark on behalf of CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.Attorney Christopher John Clark added to party CLFS Equities, LLLP(pty:dft), Attorney Christopher John Clark added to party JAL Ventures Corporation(pty:dft), Attorney Christopher John Clark added to party James A. Lustig(pty:dft), Attorney Christopher John Clark added to party United Capital Management, Inc.(pty:dft) (Clark, Christopher)
January 17, 2018 Filing 17 NOTICE of Entry of Appearance by Pamela Robillard Mackey on behalf of CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.Attorney Pamela Robillard Mackey added to party CLFS Equities, LLLP(pty:dft), Attorney Pamela Robillard Mackey added to party JAL Ventures Corporation(pty:dft), Attorney Pamela Robillard Mackey added to party James A. Lustig(pty:dft), Attorney Pamela Robillard Mackey added to party United Capital Management, Inc.(pty:dft) (Mackey, Pamela)
January 17, 2018 Filing 16 NOTICE of Entry of Appearance by Saskia A. Jordan on behalf of CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.Attorney Saskia A. Jordan added to party CLFS Equities, LLLP(pty:dft), Attorney Saskia A. Jordan added to party JAL Ventures Corporation(pty:dft), Attorney Saskia A. Jordan added to party James A. Lustig(pty:dft), Attorney Saskia A. Jordan added to party United Capital Management, Inc.(pty:dft) (Jordan, Saskia)
January 17, 2018 Filing 15 NOTICE of Entry of Appearance by Harold Alan Haddon on behalf of CLFS Equities, LLLP, JAL Ventures Corporation, James A. Lustig, United Capital Management, Inc.Attorney Harold Alan Haddon added to party CLFS Equities, LLLP(pty:dft), Attorney Harold Alan Haddon added to party JAL Ventures Corporation(pty:dft), Attorney Harold Alan Haddon added to party James A. Lustig(pty:dft), Attorney Harold Alan Haddon added to party United Capital Management, Inc.(pty:dft) (Haddon, Harold)
January 17, 2018 Filing 14 SUMMONS Returned Executed by Birchwood Resources Inc., Detroit Street Partners Inc.. Todd J. Eberstein served on 1/6/2018, answer due 1/29/2018; Jan Falber served on 1/10/2018, answer due 1/31/2018; JAF Holdings Inc. served on 1/10/2018, answer due 1/31/2018; Ken Lande served on 1/9/2018, answer due 1/30/2018; Mesa Investment Partners, LLC served on 1/6/2018, answer due 1/29/2018; Rio Norte Capital, Inc. served on 1/9/2018, answer due 1/30/2018. (Attachments: #1 Affidavit Served 1/9/2018, #2 Affidavit Served 1/9/2018, #3 Affidavit Served 1/6/2018, #4 Affidavit Served 1/6/2018, #5 Affidavit Served 1/10/2018)(Hannum, David)
January 12, 2018 Filing 13 SUMMONS Returned Executed by Birchwood Resources Inc., Detroit Street Partners Inc.. Allied Funding, Inc. served on 1/8/2018, answer due 1/29/2018; Bennett Paul Alterman served on 1/5/2018, answer due 1/26/2018; Alterman Harrison Investments, Inc. served on 1/5/2018, answer due 1/26/2018; CLFS Equities, LLLP served on 1/3/2018, answer due 1/24/2018; Global Cap Limited, Inc. served on 1/8/2018, answer due 1/29/2018; Haven Capital Ventures Inc. served on 1/9/2018, answer due 1/30/2018; JAL Ventures Corporation served on 1/3/2018, answer due 1/24/2018; JZ Capital, LLC served on 1/5/2018, answer due 1/26/2018; James A. Lustig served on 1/3/2018, answer due 1/24/2018; Jonathan Marsico served on 1/4/2018, answer due 1/25/2018; Stewart Miller served on 1/8/2018, answer due 1/29/2018; Peak Capital Partners Inc. served on 1/3/2018, answer due 1/24/2018; Brandon Perry served on 1/8/2018, answer due 1/29/2018; Brett Perry served on 1/9/2018, answer due 1/30/2018; Preakness Capital Management Inc. served on 1/8/2018, answer due 1/29/2018; Ricki Rest served on 1/3/2018, answer due 1/24/2018; SMM Investments, Inc. served on 1/8/2018, answer due 1/29/2018; Ultimate Ventures, Inc. served on 1/4/2018, answer due 1/25/2018; United Capital Management, Inc. served on 1/3/2018, answer due 1/24/2018; Samuel Zaitz served on 1/5/2018, answer due 1/26/2018. (Attachments: #1 Affidavit Served 1/3/2018, #2 Affidavit Served 1/3/2018, #3 Affidavit Served 1/3/2018, #4 Affidavit Served 1/3/2018, #5 Affidavit Served 1/3/2018, #6 Affidavit Served 1/4/2018, #7 Affidavit Served 1/4/2018, #8 Affidavit Served 1/5/2018, #9 Affidavit Served 1/5/2018, #10 Affidavit Served 1/5/2018, #11 Affidavit Served 1/5/2018, #12 Affidavit Served 1/8/2018, #13 Affidavit Served 1/8/2018, #14 Affidavit Served 1/8/2018, #15 Appendix Served 1/8/2018, #16 Affidavit Served 1/8/2018, #17 Affidavit Served 1/8/2018, #18 Affidavit Served 1/9/2018, #19 Affidavit Served 1/9/2018)(Hannum, David)
January 8, 2018 Filing 12 AFFIDAVIT James A. Lustig - Served 1/3/2018 by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Attachments: #1 Affidavit CLFS Equities - Served 1/3/2018, #2 Affidavit JAL Ventures Corp - Served 1/3/2018, #3 Affidavit Peak Capital Partners - Served 1/3/2018, #4 Affidavit Ricki Rest - Served 1/3/2018, #5 Affidavit United Capital Management - Served 1/3/2018, #6 Affidavit Jonathan Marsico - Served 1/4/2018, #7 Affidavit Ultimate Ventures - Served 1/4/2018, #8 Affidavit Alterman Harrison Investment - Served 1/5/2018, #9 Affidavit Bennett Paul "Buzz" Alterman - Served 1/5/2018, #10 Affidavit JZ Capital LLC - Served 1/5/2018, #11 Affidavit Samuel Saitz - Served 1/5/2018)(Hannum, David)
December 28, 2017 Filing 11 SUMMONSES issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Summons, #21 Summons, #22 Summons, #23 Summons, #24 Summons, #25 Summons, #26 Summons, #27 Summons, #28 Summons, #29 Summons, #30 Summons, #31 Summons, #32 Summons, #33 Summons, #34 Summons, #35 Magistrate Judge Consent Form) (tsher, )
December 27, 2017 Filing 10 SUMMONS REQUEST as to James A. Lustig; JAL Ventures Corporation; GLFS Equities, LLLP; United Capital Management, Inc.; Global Cap Limited, Inc.; Brandon Perry; Ultimate Ventures, Inc.; Jonathan Marsico; Haven Capital Ventures, Inc.; Brett Perry; Pinehurst Capital Inc.; William Sandler; Rancho Holdings, LLC; Andrew Harrison; JZ Capital, LLC; Samuel Zaitz; SMM Investments, Inc.; Stewart Miller; Arrowhead Investments, Inc.; Steve Shoflick; Alterman Harrison Investments, Inc.; Bennett Paul Alterman; Allied Funding, Inc.; Rio Norte Capital, Inc.; Ken Lande; Mesa Investment Partners, LLC; Todd J. Eberstein; JMC Capital, Inc.; Jake Cohen; Peak Capital Partners, Inc.; Ricki Rest; JAF Holdings Inc.; Jan Falber; Preakness Capital Management, Inc.; William Hall by Plaintiffs Birchwood Resources Inc., Detroit Street Partners Inc.. (Attachments: #1 Summons Proposed Summons, #2 Summons Proposed Summons, #3 Summons Proposed Summons, #4 Summons Proposed Summons, #5 Summons Proposed Summons, #6 Summons Proposed Summons, #7 Summons Proposed Summons, #8 Summons Proposed Summons, #9 Summons Proposed Summons, #10 Summons Proposed Summons, #11 Summons Proposed Summons, #12 Summons Proposed Summons, #13 Summons Proposed Summons, #14 Summons Proposed Summons, #15 Summons Proposed Summons, #16 Summons Proposed Summons, #17 Summons Proposed Summons, #18 Summons Proposed Summons, #19 Summons Proposed Summons, #20 Summons Proposed Summons, #21 Summons Proposed Summons, #22 Summons Proposed Summons, #23 Summons Proposed Summons, #24 Summons Proposed Summons, #25 Summons Proposed Summons, #26 Summons Proposed Summons, #27 Summons Proposed Summons, #28 Summons Proposed Summons, #29 Summons Proposed Summons, #30 Summons Proposed Summons, #31 Summons Proposed Summons, #32 Summons Proposed Summons, #33 Summons Proposed Summons, #34 Summons Proposed Summons)(Hannum, David)
December 18, 2017 Opinion or Order Filing 9 ORDER setting Scheduling Conference for 2/27/2018 10:00 AM in Courtroom C203. Consent Form due by 2/13/2018, by Magistrate Judge Scott T. Varholak on 12/18/2017. (jgonz, )
December 14, 2017 Filing 8 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rkeec)
December 14, 2017 Filing 7 CASE REASSIGNED pursuant to #6 Memorandum Returning Case. This case is randomly reassigned to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 17-cv-02992-STV. (Text Only Entry) (rkeec)
December 14, 2017 Filing 6 MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec)
December 14, 2017 Filing 5 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Complaint, filed by attorney David Winfield Hannum. The document is incorrectly formatted. See D.C.COLO.LCivR 10.1(e) DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 10.1 (Text Only Entry) (rvill, )
December 14, 2017 Filing 4 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #1 Complaint, filed by attorney David Winfield Hannum. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (rvill, )
December 13, 2017 Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (dbera, )
December 13, 2017 Filing 2 Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (dbera, )
December 13, 2017 Filing 1 COMPLAINT And Jury Demand against All Defendants (Filing fee $ 400,Receipt Number 1082-5850018)Attorney David Winfield Hannum added to party Birchwood Resources Inc.(pty:pla), Attorney David Winfield Hannum added to party Detroit Street Partners Inc.(pty:pla), filed by Birchwood Resources Inc., Detroit Street Partners Inc.. (Attachments: #1 Civil Cover Sheet)(Hannum, David)

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Search for this case: Detroit Street Partners Inc. et al v. James A. Lustig et al
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Defendant: Andrew Harrison
Represented By: David Alan Zisser
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Defendant: Peak Capital Partners Inc.
Represented By: David Alan Zisser
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Defendant: Alterman Harrison Investments, Inc.
Represented By: David Alan Zisser
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Defendant: Steve Shoflick
Represented By: David Alan Zisser
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Defendant: Haven Capital Ventures Inc.
Represented By: David Alan Zisser
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Defendant: James A. Lustig
Represented By: Harold Alan Haddon
Represented By: Saskia A. Jordan
Represented By: Christopher John Clark
Represented By: Pamela Robillard Mackey
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Defendant: Samuel Zaitz
Represented By: Michael P. Zwiebel
Represented By: Jeffrey Alan Springer
Represented By: Craig Lee Pankratz
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Defendant: Ricki Rest
Represented By: David Alan Zisser
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Defendant: JAF Holdings Inc.
Represented By: David Alan Zisser
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Defendant: William Sandler
Represented By: David Alan Zisser
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Defendant: CLFS Equities, LLLP
Represented By: Harold Alan Haddon
Represented By: Saskia A. Jordan
Represented By: Christopher John Clark
Represented By: Pamela Robillard Mackey
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Defendant: Jake Cohen
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Defendant: William Hall
Represented By: David Alan Zisser
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Defendant: Rancho Holdings, LLC
Represented By: David Alan Zisser
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Defendant: Pinehurst Capital, Inc.
Represented By: David Alan Zisser
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Defendant: JAL Ventures Corporation
Represented By: Harold Alan Haddon
Represented By: Saskia A. Jordan
Represented By: Christopher John Clark
Represented By: Pamela Robillard Mackey
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Defendant: Stewart Miller
Represented By: David Alan Zisser
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Defendant: Mesa Investment Partners, LLC
Represented By: David Alan Zisser
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Defendant: Rio Norte Capital, Inc.
Represented By: David Alan Zisser
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Defendant: JZ Capital, LLC
Represented By: Michael P. Zwiebel
Represented By: Jeffrey Alan Springer
Represented By: Craig Lee Pankratz
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Defendant: Todd J. Eberstein
Represented By: David Alan Zisser
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Defendant: JMC Capital, Inc.
Represented By: David Alan Zisser
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Defendant: Brett Perry
Represented By: David Alan Zisser
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Defendant: Jonathan Marsico
Represented By: Michael P. Zwiebel
Represented By: Jeffrey Alan Springer
Represented By: Craig Lee Pankratz
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Defendant: Preakness Capital Management Inc.
Represented By: David Alan Zisser
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Defendant: Ultimate Ventures, Inc.
Represented By: Michael P. Zwiebel
Represented By: Jeffrey Alan Springer
Represented By: Craig Lee Pankratz
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Defendant: Arrowhead Investments, Inc.
Represented By: David Alan Zisser
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Defendant: Global Cap Limited, Inc.
Represented By: David Alan Zisser
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Defendant: Allied Funding, Inc.
Represented By: David Alan Zisser
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Defendant: SMM Investments, Inc.
Represented By: David Alan Zisser
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Defendant: Ken Lande
Represented By: David Alan Zisser
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Defendant: Jan Falber
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Defendant: Paul Alterman
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Defendant: United Capital Management, Inc.
Represented By: Harold Alan Haddon
Represented By: Saskia A. Jordan
Represented By: Christopher John Clark
Represented By: Pamela Robillard Mackey
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Defendant: Brandon Perry
Represented By: David Alan Zisser
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Defendant: Nancy Davis
Represented By: David Alan Zisser
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Defendant: Irving Investors Privates, LLC
Represented By: Alex Lipman
Represented By: David Alan Zisser
Represented By: Angela Marie Papalaskaris
Represented By: Stephen Andrew Best
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Defendant: Jonathan Vinnik
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Defendant: Rock Springs Investments LLC
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Defendant: Melissa Mackiernan
Represented By: David Alan Zisser
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Defendant: Bennett Paul Alterman
Represented By: David Alan Zisser
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Defendant: Quandary Capital Inc.
Represented By: David Alan Zisser
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Defendant: Lion Gate Capital, Inc.
Represented By: David Alan Zisser
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Defendant: Ronald Stephen Vlosich
Represented By: David Alan Zisser
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Defendant: Flamingo Group, Inc.
Represented By: David Alan Zisser
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Defendant: Mack Investor Group, Inc.
Represented By: David Alan Zisser
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Defendant: Jordan Cohen
Represented By: David Alan Zisser
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Defendant: Davis Family Office, Inc.
Represented By: David Alan Zisser
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Defendant: Prudent Capital LLC
Represented By: David Alan Zisser
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Defendant: Aaron Wolk
Represented By: David Alan Zisser
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Defendant: Mia Abelson
Represented By: Alex Lipman
Represented By: David Alan Zisser
Represented By: Angela Marie Papalaskaris
Represented By: Stephen Andrew Best
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Defendant: Irving Investors Income Fund LLC
Represented By: Alex Lipman
Represented By: David Alan Zisser
Represented By: Angela Marie Papalaskaris
Represented By: Stephen Andrew Best
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Defendant: John Goldenberg
Represented By: David Alan Zisser
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Defendant: MSM Capital Management, Inc.
Represented By: Alex Lipman
Represented By: David Alan Zisser
Represented By: Angela Marie Papalaskaris
Represented By: Stephen Andrew Best
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Defendant: Danny Pepper
Represented By: David Alan Zisser
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Defendant: Kenneth Rickel
Represented By: David Alan Zisser
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Defendant: Jeremy Abelson
Represented By: Alex Lipman
Represented By: David Alan Zisser
Represented By: Angela Marie Papalaskaris
Represented By: Stephen Andrew Best
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Defendant: Irving Investors Real Estate Fund I, LLC
Represented By: Alex Lipman
Represented By: David Alan Zisser
Represented By: Angela Marie Papalaskaris
Represented By: Stephen Andrew Best
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Defendant: DTA Capital Inc.
Represented By: David Alan Zisser
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Defendant: Irving Investors LLC
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Plaintiff: Detroit Street Partners Inc.
Represented By: David Winfield Hannum
Represented By: Lisa Marie Coyle
Represented By: Perry Ray Sanders, Jr.
Represented By: Qian Julie Wang
Represented By: Justin Tyler Bailey
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Plaintiff: Birchwood Resources Inc.
Represented By: David Winfield Hannum
Represented By: Lisa Marie Coyle
Represented By: Perry Ray Sanders, Jr.
Represented By: Qian Julie Wang
Represented By: Justin Tyler Bailey
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