Evexia Holdings, Inc. v. Quick Funding Group, LLC
Plaintiff: Evexia Holdings, Inc.
Defendant: Quick Funding Group, LLC
Case Number: 3:2022cv00898
Filed: July 18, 2022
Court: US District Court for the District of Connecticut
Presiding Judge: Omar A Williams
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2022 JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Velez, F.)
September 27, 2022 Opinion or Order Filing 14 ORDER. Plaintiff having filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), see ECF No. #13 , the court respectfully instructs the Clerk of Court to close this case. It is so ordered. Signed by Judge Omar A. Williams on 9/27/22. (Wagner, Rebecca)
September 16, 2022 Filing 13 NOTICE of Voluntary Dismissal of Case by Evexia Holdings, Inc. (Zezula, Nathan)
July 21, 2022 Filing 12 AFFIDAVIT re 11 Order on Motion to Seal, Redacted Signed By Kevin Bodling filed by Evexia Holdings, Inc.. (Zezula, Nathan)
July 21, 2022 Opinion or Order Filing 11 ORDER granting ECF No. #10 , Motion to Seal. Pursuant to Local Rule 5(e), the court finds good cause to seal the document filed at ECF No. 2-2 because it contains sensitive personal information. The court respectfully asks the Clerk of Court to seal the document filed at ECF No. 2-2. Plaintiff is instructed to refile a redacted version of the document on or before July 25, 2022. It is so ordered. Signed by Judge Omar A. Williams on 7/21/22. (Wagner, Rebecca)
July 21, 2022 Filing 10 MOTION to Seal Bodling Affidavit by Evexia Holdings, Inc.. (Zezula, Nathan)
July 20, 2022 Filing 9 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #8 Electronic Summons Issued, 4 Order on Motion for Preliminary Injunction,,,,,,,,,, Order on Motion for TRO,,,,,,,,, #6 Protective Order, #2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Evexia Holdings, Inc., #5 Order on Pretrial Deadlines, #1 Complaint filed by Evexia Holdings, Inc., #3 Exhibit filed by Evexia Holdings, Inc., #7 Electronic Filing Order Signed by Clerk on 7/20/2022.(Barry, L)
July 20, 2022 Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Quick Funding Group, LLC* with answer to complaint due within *21* days. Attorney *Nathan Craig Zezula* *Mott Zezula LLC* *750 East Main Street, Suite 620* *Stamford, CT 06902*. (Barry, L)
July 19, 2022 Opinion or Order Filing 4 ORDER denying ECF No. #2 , Emergency Motion for Temporary Restraining Order and Preliminary Injunction. Federal Rule of Civil Procedure 65(b)(1)(B) states that a court may issue a temporary restraining order without notice to the adverse party only if "the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." There is no such certification in the motion. Furthermore, Plaintiff has failed to show that it will suffer irreparable harm absent preliminary relief. Plaintiff asserts, without specifics or supporting documentation, that not having access to its bank account for even a single day could cause it to close its doors, but "unsupported assertions are not sufficient to satisfy the standard governing the issuance of injunctive relief." See Manigault v. ABC Inc., No. 17-CV-7375 (KNF), 2018 WL 3407699, at *1 (S.D.N.Y. June 21, 2018); see also Fed. R. Civ. P. 65(b)(1)(A) (requiring "specific facts in an affidavit or a verified complaint clearly show[ing] that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition...."). For these reasons, the motion must be denied.Separately, the court notes that it is a state court prejudgment remedy (created by the state legislature) that Plaintiff presently challenges. Conn. Gen. Stat. Ann. 52-278f. The court recognizes that there is no current state court action to which the presently-challenged remedy pertains, in that Defendant has not yet served Plaintiff with the requisite process. See Neiditz v. Magic Video, Inc., No. CV 94-5367331, 1994 WL 673429, at *3 (Conn. Super. Ct. Nov. 23, 1994) ("The process which must be served under Section 57-278f is the institution of the action and original writ for prejudgment attachment."). However, Plaintiff effectively asks this federal district court to dissolve a writ of garnishment which is authorized by and which is returnable to a state superior court, and Plaintiff has not provided any authority stating that this relief properly may be granted by a federal court. Nevertheless, the court rests its ruling only on the reasons stated in the previous paragraph. Signed by Judge Omar A. Williams on 7/19/22. (Wagner, Rebecca)
July 18, 2022 Opinion or Order Filing 7 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 7/18/2022.(Barry, L)
July 18, 2022 Opinion or Order Filing 6 Standing PROTECTIVE ORDER Signed by Judge Omar A. Williams on 7/18/2022.(Barry, L)
July 18, 2022 Opinion or Order Filing 5 Order on Pretrial Deadlines: Amended Pleadings due by 9/16/2022 Discovery due by 1/17/2023 Dispositive Motions due by 2/21/2023 Signed by Clerk on 7/18/2022.(Barry, L)
July 18, 2022 Filing 3 First EXHIBIT to the Complaint by Evexia Holdings, Inc. re #1 Complaint. (Zezula, Nathan)
July 18, 2022 Filing 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Evexia Holdings, Inc.. (Attachments: #1 Memorandum in Support, #2 Affidavit Bodling Affidavit in support, #3 Affidavit Zezula Affirmation in support, #4 Text of Proposed Order Proposed Order to Show Cause)(Zezula, Nathan). Added MOTION for Preliminary Injunction on 7/18/2022 (Hushin, Z.).
July 18, 2022 Filing 1 COMPLAINT against Quick Funding Group, LLC ( Filing fee $402 receipt number ACTDC-7001561.), filed by Evexia Holdings, Inc.. (Attachments: #1 Appendix Civil Cover Sheet)(Zezula, Nathan)
July 18, 2022 Request for Clerk to issue summons as to Quick Funding Group, LLC. (Zezula, Nathan)
July 18, 2022 Judge Omar A. Williams added. (Oliver, T.)

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Plaintiff: Evexia Holdings, Inc.
Represented By: Nathan Craig Zezula
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Defendant: Quick Funding Group, LLC
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