Crystal Financial LLC v. Bernardi et al
| Crystal Financial LLC |
| Nihat Cardak and Robert P Bernardi |
| 1:2020cv00822 |
| June 17, 2020 |
| US District Court for the District of Delaware |
| Leonard P Stark |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Pro Hac Vice Attorney David G. Barger for Nihat Cardak added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
SO ORDERED, re #58 MOTION for Pro Hac Vice Appearance of Attorney David G. Barger filed by Nihat Cardak, #59 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Hass filed by Nihat Cardak. Signed by Judge Leonard P. Stark on 7/21/20. (ntl)
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| Filing 59 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Hass - filed by Nihat Cardak. (Attachments: #1 Exhibit Certification)(Moultrie, Samuel) |
| Filing 58 MOTION for Pro Hac Vice Appearance of Attorney David G. Barger - filed by Nihat Cardak. (Attachments: #1 Exhibit Certification)(Moultrie, Samuel) |
| Filing 57 MOTION for Pro Hac Vice Appearance of Attorney Lauren H. Geiser - filed by Crystal Financial LLC. (Barsalona, Joseph) |
| Filing 56 MOTION for Pro Hac Vice Appearance of Attorney Andrew B. Buxbaum - filed by Crystal Financial LLC. (Barsalona, Joseph) |
| Filing 55 MOTION for Pro Hac Vice Appearance of Attorney Richard E. Hagerty - filed by Crystal Financial LLC. (Barsalona, Joseph) |
| Filing 54 NOTICE of Appearance by Joseph Charles Barsalona, II on behalf of Crystal Financial LLC (Barsalona, Joseph) |
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SO ORDERED, re #57 MOTION for Pro Hac Vice Appearance of Attorney Lauren H. Geiser filed by Crystal Financial LLC, #56 MOTION for Pro Hac Vice Appearance of Attorney Andrew B. Buxbaum filed by Crystal Financial LLC, #55 MOTION for Pro Hac Vice Appearance of Attorney Richard E. Hagerty filed by Crystal Financial LLC. Signed by Judge Leonard P. Stark on 7/17/20. (ntl)
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| Filing 53 NOTICE of Appearance by Samuel Lee Moultrie on behalf of Nihat Cardak (Moultrie, Samuel) |
| CORRECTING ENTRY: Deleted NOTICE of Appearance by Samuel Lee Moultrie per request of filer. (rwc) |
| Filing 52 Return of Undeliverable Mail sent to Richard Eugene Hagerty. (apk) |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Filing 51 Local Counsel Letter sent. Notice of Compliance deadline set for 7/17/2020. (lak) |
| Filing 50 Record of case transferred in from District of Virginia Eastern; Case Number in Other District: 1:19-cv-01506. Copy of Docket Sheet and original file |
| Case transferred to District of Delaware. Original file, certified copy of transfer order, and docket sheet sent. (dvanm, ) [Transferred from Virginia Eastern on 6/17/2020.] |
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Filing 49
ORDERED that this action be, and the same hereby is, TRANSFERRED, together withall pending motions, to the United States District Court for the District of Delaware for referral to the Bankruptcy Court. Signed by District Judge Anthony J Trenga on 06/16/2020. (dvanm, ) [Transferred from Virginia Eastern on 6/17/2020.]
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| Filing 48 Response to #47 Response, #36 Order, Crystal Financial LLC's Supplement Response to Court's Order of April 13, 2020 filed by Crystal Financial LLC. (Attachments: #1 Proposed Order)(Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 47 Response to #36 Order dated 4/13/20 filed by Jeoffrey L. Burtch. (klau, ) [Transferred from Virginia Eastern on 6/17/2020.] |
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Filing 46
ORDER that the Trustee's #43 Motion for Leave to File be, and the same herby is, GRANTED. ORDERED that the Trustee's Response, attached to the Motion, be, and the same hereby is, deemed filed as of the date of this Order (see order for details). Signed by District Judge Anthony J Trenga on 5/19/20. (klau, ) [Transferred from Virginia Eastern on 6/17/2020.]
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| Notice of Correction re #43 MOTION for Leave to File Chapter 7 Trustee's Response to Court's Order of April 13, 2020, The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (klau, ) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 45 Response to #40 Response filed by Nihat Cardak. (Barger, David) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 44 Financial Interest Disclosure Statement (Local Rule 7.1) by Jeoffrey L. Burtch, Interim Trustee. (Williams, Karen) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 43 MOTION for Leave to File Chapter 7 Trustee's Response to Court's Order of April 13, 2020 by Jeoffrey L. Burtch, Interim Trustee. (Attachments: #1 Exhibit A)(Williams, Karen) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 42 Response to #41 Memorandum - Memorandum in Response to Defendant Cardaks Statement in Response to the Courts Order Regarding Whether Lawsuit Should Proceed in Bankruptcy Court filed by Crystal Financial LLC. (Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 41 Memorandum in Response to #36 Order, filed by Nihat Cardak. (Barger, David) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 40 Response to #36 Order, - Memorandum in Response to the Courts Order of April 13, 2020 filed by Crystal Financial LLC. (Attachments: #1 Exhibit 1)(Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 39 Notice of Hearing Date re #37 MOTION for Default Judgment as to Robert P. Bernardi (Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
| Notice of Correction re #37 MOTION for Default Judgment as to Robert P. Bernardi, The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (klau, ) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 38 Memorandum in Support re #37 MOTION for Default Judgment as to Robert P. Bernardi filed by Crystal Financial LLC. (Attachments: #1 Affidavit)(Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 37 MOTION for Default Judgment as to Robert P. Bernardi by Crystal Financial LLC. (Attachments: #1 Proposed Order Proposed Order)(Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
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Filing 36
ORDER that within twenty-one (21) days from the date of this Order, the parties shall file their respective positions concerning whether Plaintiff's claims should proceed in this Court in light of the pending Bankruptcy proceedings in Delaware, with replies to each others positions filed within fourteen (14) days thereafter (see order for details). Signed by District Judge Anthony J Trenga on 4/13/20. (klau, ) [Transferred from Virginia Eastern on 6/17/2020.]
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Filing 35
ORDER granting #31 Joint Motion to Amend the Scheduling Order; ORDERED that the date to exchange the Parties respective Rule 26(a)(1) disclosures is now on or before Friday, April 3, 2020, and the remaining deadlines are extended an additional 30 days (see order for details). Signed by Magistrate Judge Ivan D. Davis on 04/03/2020. (jlan) [Transferred from Virginia Eastern on 6/17/2020.]
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| Filing 34 NOTICE by Nihat Cardak re #27 Order Rule 16(b) Scheduling Order,,, #31 Joint MOTION to Amend/Correct #27 Order Rule 16(b) Scheduling Order,,, (Attachments: #1 Proposed Order)(Barger, David) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 33 Waiver of re #31 Joint MOTION to Amend/Correct #27 Order Rule 16(b) Scheduling Order,,, by Nihat Cardak (Barger, David) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 32 Memorandum in Support re #31 Joint MOTION to Amend/Correct #27 Order Rule 16(b) Scheduling Order,,, filed by Nihat Cardak. (Barger, David) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 31 Joint MOTION to Amend/Correct #27 Order Rule 16(b) Scheduling Order,,, by Nihat Cardak. (Barger, David) [Transferred from Virginia Eastern on 6/17/2020.] |
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Filing 30
ORDERED that the hearing on Defendant Nihat Cardaks Motion to Dismiss Complaint #19 , currently scheduled for Friday, April 3, 2020 at 10:00 a.m., be, and the same hereby is, CANCELLED. To the extent the Court deems it necessary, the Court will schedule an additional hearing in this matter. Signed by District Judge Anthony J Trenga on 3/25/2020. (dvanm, ) [Transferred from Virginia Eastern on 6/17/2020.]
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| Filing 29 RESPONSE in Support re #19 MOTION to Dismiss filed by Nihat Cardak. (Barger, David) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 28 RESPONSE in Opposition re #19 MOTION to Dismiss filed by Crystal Financial LLC. (Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
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Filing 27
Order Rule 16(b) Scheduling Order. Because the parties' Proposed Joint Discovery Plan #26 adequately addresses the matters that would be discussed during the initial pretrial conference and counsel consent to waiving their appearances at the initial pretrial conference, the initial pretrial conference scheduled for March 18, 2020, pursuant to Rule 16(b) and this Court's February 25, 2020, Order, is cancelled. Upon consideration of the representations made by the parties in their Proposed Joint Discovery Plan, the Court makes the following rulings: The parties' Joint Discovery Plan is approved and shall control discovery to the extent of its application unless further modified by the Court. Signed by Magistrate Judge Ivan D. Davis on 3/13/2020. (lgue, ) [Transferred from Virginia Eastern on 6/17/2020.]
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| Filing 26 Joint Proposed Discovery Plan by Crystal Financial LLC.(Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
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Filing 25
ORDERED, Consent Motion to Extend Time to File Plaintiff's Opposition to Defendant Nihat Cardak's Motion to Dismiss is GRANTED and ORDERS that the deadline to file its opposition to Defendant Cardak's Motion be reset to Monday, March 16, 2020. Signed by District Judge Anthony J Trenga on 03/09/2020. (choy, ) [Transferred from Virginia Eastern on 6/17/2020.]
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| Filing 24 Waiver of re #23 Consent MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss - Notice of Waiver of Hearing by Crystal Financial LLC (Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 23 Consent MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss by Crystal Financial LLC. (Attachments: #1 Proposed Order)(Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
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Filing 22
SCHEDULING ORDER: Initial Pretrial Conference set for 3/18/2020 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 7/16/2020 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Discovery due by 7/10/2020. Signed by District Judge Anthony J. Trenga on 2/25/2020. (Attachments: #1 Magistrate Consent, #2 Pretrial Notice)(dzir) [Transferred from Virginia Eastern on 6/17/2020.]
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| Filing 21 Notice of Hearing Date April 3, 2020 re #19 MOTION to Dismiss (Barger, David) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 20 Memorandum in Support re #19 MOTION to Dismiss filed by Nihat Cardak. (Barger, David) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 19 MOTION to Dismiss by Nihat Cardak. (Barger, David) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 18 NOTICE of Appearance by Lauren Hilary Geiser on behalf of Crystal Financial LLC (Geiser, Lauren) [Transferred from Virginia Eastern on 6/17/2020.] |
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Filing 17
ORDER granting #15 Consent Motion for Extension of Time to File Responsive Pleading. Extension granted to file responsive pleading to February 24, 2020. Signed by Magistrate Judge Ivan D. Davis on 2/13/2020. (aott) [Transferred from Virginia Eastern on 6/17/2020.]
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| Filing 16 NOTICE by Nihat Cardak re #15 Consent MOTION for Extension of Time to File Responsive Pleading of Filing of Proposed Order (Attachments: #1 Proposed Order)(Barger, David) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 15 Consent MOTION for Extension of Time to File Responsive Pleading by Nihat Cardak. (Barger, David) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 14 NOTICE of Appearance by David Glenn Barger on behalf of Nihat Cardak (Barger, David) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 13 Clerk's ENTRY OF DEFAULT as to Robert P Bernardi (klau, ) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 12 Request for Entry of Default as to Defendant Robert Bernardi by Crystal Financial LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
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Filing 11
ORDER denying without prejudice #10 Motion for Extension of Time to Answer. Signed by Magistrate Judge Ivan D. Davis on 12/27/2019. (rban, copy mailed ) [Transferred from Virginia Eastern on 6/17/2020.]
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| Filing 10 Consent MOTION for Extension of Time to File Answer Stipulation and Proposed Order by Crystal Financial LLC. (Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 9 WAIVER OF SERVICE Returned Executed by Robert P Bernardi. Robert P Bernardi, answer due 1/13/2020. (Morris, Roy) Modified text on 1/22/2020 (klau, ). [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 8 NOTICE of Appearance by Roy Robert Morris on behalf of Robert P Bernardi (Morris, Roy) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 7 NOTICE of Appearance by Andrew Brian Buxbaum on behalf of Crystal Financial LLC (Buxbaum, Andrew) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 6 Financial Interest Disclosure Statement (Local Rule 7.1) by Crystal Financial LLC. (Hagerty, Richard) (Main Document 6 replaced on 12/12/2019) (acha, ). Modified on 12/12/2019 to correct a filing error (acha, ). [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 5 SUMMONS Returned Executed by Crystal Financial LLC Nihat Cardak served on 12/2/2019, answer due 12/23/2019 (Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 4 Summons Issued as to Robert P Bernardi, Nihat Cardak. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Summons issued, #2 Notice to Attorney)(aott) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 3 Proposed Summons by Crystal Financial LLC. (Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 2 Proposed Summons by Crystal Financial LLC. (Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
| Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6961287.), filed by Crystal Financial LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Civil Cover Sheet)(Hagerty, Richard) [Transferred from Virginia Eastern on 6/17/2020.] |
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