Cumulus Investors, LLC v. Bernardi et al
Plaintiff: Cumulus Investors, LLC
Defendant: Nihat Cardak and Robert P Bernardi
Case Number: 1:2020cv00823
Filed: June 18, 2020
Court: US District Court for the District of Delaware
Presiding Judge: Leonard P Stark
Nature of Suit: Other Fraud
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2020 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)
July 21, 2020 Opinion or Order SO ORDERED, re #39 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Hass filed by Nihat Cardak, #38 MOTION for Pro Hac Vice Appearance of Attorney David G. Barger filed by Nihat Cardak. Signed by Judge Leonard P. Stark on 7/21/20. (ntl)
July 20, 2020 Filing 39 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Hass - filed by Nihat Cardak. (Attachments: #1 Exhibit Certification)(Moultrie, Samuel)
July 20, 2020 Filing 38 MOTION for Pro Hac Vice Appearance of Attorney David G. Barger - filed by Nihat Cardak. (Attachments: #1 Exhibit Certification)(Moultrie, Samuel)
July 16, 2020 Opinion or Order Filing 37 ORDER re #35 MOTION for Christopher M. Collins to Withdraw as Attorney filed by Cumulus Investors, LLC. Signed by Judge Leonard P. Stark on 7/9/20. (ntl)
July 14, 2020 Filing 36 NOTICE of Appearance by Samuel Lee Moultrie on behalf of Nihat Cardak (Moultrie, Samuel)
July 14, 2020 CORRECTING ENTRY: NOTICE of Appearance by Samuel Lee Moultrie per request of filer. (rwc)
June 30, 2020 Filing 35 MOTION for Christopher M. Collins to Withdraw as Attorney - filed by Cumulus Investors, LLC. (Attachments: #1 Text of Proposed Order)(Owens, Mark)
June 24, 2020 Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
June 19, 2020 Filing 34 PROPOSED ORDER re #33 MOTION for Hearing re #23 Order Withdrawing Reference,, by Cumulus Investors, LLC. (Owens, Mark)
June 19, 2020 Filing 33 MOTION for Hearing re #23 Order Withdrawing Reference,, - filed by Cumulus Investors, LLC. (Owens, Mark)
June 19, 2020 Filing 32 NOTICE of Appearance by Mark R. Owens on behalf of Cumulus Investors, LLC (Owens, Mark)
June 18, 2020 Filing 31 Local Counsel Letters sent to Christopher M. Collins, Roy Robert Morris and David Glenn Barger. Notice of Compliance deadline set for 7/20/2020. (mal)
June 18, 2020 Filing 30 Record of case transferred in from District of Virginia Eastern; Case Number in Other District: 1:20-cv-00298. Copy of Docket Sheet and original file
June 17, 2020 Case transferred to District of Delaware. Original file, certified copy of transfer order, and docket sheet sent. (dvanm, ) [Transferred from Virginia Eastern on 6/18/2020.]
June 16, 2020 Opinion or Order Filing 29 ORDERED that this action be, and the same hereby is, TRANSFERRED, together with all 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 6/18/2020.]
May 15, 2020 Filing 28 Request for Hearing by Cumulus Investors, LLC re #23 Order on Motion to Withdraw,, #15 MOTION for Default Judgment as to Robert P. Bernardi and Nihat Cardak with Roseboro,., #26 Order, (Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.]
May 11, 2020 Filing 27 REPLY to Response to Motion re #16 MOTION to Dismiss for Failure to State a Claim filed by Nihat Cardak. (Barger, David) [Transferred from Virginia Eastern on 6/18/2020.]
May 11, 2020 Opinion or Order Filing 26 ORDER directing that the hearing on Defendant #16 MOTION to Dismiss for Failure to State a Claim, currently scheduled for Friday, May 15, 2020 at 10:00 a.m., be and the same hereby is CONTINUED to a date to be scheduled expeditiously, as necessary, following the Court's ruling regarding where the claims raised in the above cited cases should proceed and by whom. Signed by District Judge Anthony J Trenga on 5/11/2020. (shea) [Transferred from Virginia Eastern on 6/18/2020.]
May 4, 2020 Filing 25 Opposition to #16 MOTION to Dismiss for Failure to State a Claim , #17 Memorandum in Support filed by Cumulus Investors, LLC. (Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.]
May 4, 2020 Filing 24 NOTICE by Cumulus Investors, LLC re #15 MOTION for Default Judgment as to Robert P. Bernardi and Nihat Cardak with Roseboro,. Request to Clerk to Enter Default Judgment (Attachments: #1 Affidavit Affidavit of Nader Kazeminy)(Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.]
April 30, 2020 Clerk's entry of defualt that is entered at #14 is set aside as to defendant Cardak ONLY! (shea) [Transferred from Virginia Eastern on 6/18/2020.]
April 30, 2020 Opinion or Order Filing 23 ORDER directing that #21 MOTION to Withdraw 15 MOTION for Default Judgment only as to Defendant Nihat Cardak is acknowledged; directing the Clerk to set aside the default entered against Defendant Nihat Cardak; drecting that #15 MOTION for Default Judgment as to Robert P. Bernardi and Nihat Cardak remains on the Court's docket only against Defendant Robert P. Bernardi for the reasons set forth in Plaintiff's request to withdraw its motion as to Defendant Cardak. Signed by Magistrate Judge Ivan D. Davis on 4/30/2020. (shea) [Transferred from Virginia Eastern on 6/18/2020.]
April 29, 2020 Filing 22 Proposed Order re #21 Motion to Withdraw by Cumulus Investors, LLC of Withdrawal of Motion for Entry of Default Judgment as to Defendant Cardak (Collins, Christopher) Modified on 4/30/2020 (shea, ). [Transferred from Virginia Eastern on 6/18/2020.]
April 24, 2020 Filing 21 MOTION to Withdraw #15 MOTION for Default Judgment as to Robert P. Bernardi and Nihat Cardak with Roseboro,. as to Defendant Cardak Only by Cumulus Investors, LLC. (Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.]
April 24, 2020 Filing 20 NOTICE of Appearance by Roy Robert Morris on behalf of Robert P. Bernardi (Morris, Roy) [Transferred from Virginia Eastern on 6/18/2020.]
April 18, 2020 Filing 19 Opposition to #15 MOTION for Default Judgment as to Robert P. Bernardi and Nihat Cardak with Roseboro,. and Motion to Set Aside Default filed by Nihat Cardak. (Barger, David) [Transferred from Virginia Eastern on 6/18/2020.]
April 18, 2020 Filing 18 Notice of Hearing Date re #16 MOTION to Dismiss for Failure to State a Claim (Barger, David) [Transferred from Virginia Eastern on 6/18/2020.]
April 18, 2020 Filing 17 Memorandum in Support re #16 MOTION to Dismiss for Failure to State a Claim filed by Nihat Cardak. (Barger, David) [Transferred from Virginia Eastern on 6/18/2020.]
April 18, 2020 Filing 16 MOTION to Dismiss for Failure to State a Claim by Nihat Cardak. (Barger, David) [Transferred from Virginia Eastern on 6/18/2020.]
April 17, 2020 Filing 15 MOTION for Default Judgment as to Robert P. Bernardi and Nihat Cardak with Roseboro,. by Cumulus Investors, LLC. (Attachments: #1 Affidavit Declaration of Nader C. Kazeminy, #2 Affidavit Declaration of Christopher M. Collins)(Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.]
April 17, 2020 Filing 14 Clerk's ENTRY OF DEFAULT as to Robert P. Bernardi and Nihat Cardak. (shea) [Transferred from Virginia Eastern on 6/18/2020.]
April 16, 2020 Filing 13 Declaration re #12 Request for Entry of Default as to Defendant Nihat Cardak and Defendant Robert P. Bernardi by Cumulus Investors, LLC. (Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.]
April 15, 2020 Filing 12 Request for Entry of Default as to Defendant Nihat Cardak and Defendant Robert P. Bernardi by Cumulus Investors, LLC. (Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.]
March 25, 2020 Filing 11 SUMMONS Returned Executed and AFFIDAVIT of Service for Summons and Complaint by Posting served on Robert P. Bernardi on 03/21/2020, filed by Cumulus Investors, LLC. (Collins, Christopher) Modified on 3/26/2020 (shea, ). [Transferred from Virginia Eastern on 6/18/2020.]
March 25, 2020 Filing 10 SUMMONS Returned Executed by Cumulus Investors, LLC. Nihat Cardak served on 3/20/2020, answer due 4/10/2020, filed by Cumulus Investors, LLC. (Collins, Christopher) Modified on 3/26/2020 (shea, ) [Transferred from Virginia Eastern on 6/18/2020.]
March 25, 2020 Filing 9 SUMMONS Returned Executed by Cumulus Investors, LLC. Robert P. Bernardi served on 3/21/2020, answer due 4/13/2020 (Collins, Christopher) Modified on 3/26/2020 (shea, ). [Transferred from Virginia Eastern on 6/18/2020.]
March 19, 2020 Filing 8 Summons Issued as to Robert P. Bernardi, Nihat Cardak. NOTICE TO ATTORNEY: Print out two e issued summons and one copy of the attachments for each defendant to be served with the complaint. (shea) [Transferred from Virginia Eastern on 6/18/2020.]
March 19, 2020 Filing 7 Civil Cover Sheet by Cumulus Investors, LLC. (Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.]
March 18, 2020 Filing 6 Proposed Summons for Nihat Cardak by Cumulus Investors, LLC. (Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.]
March 18, 2020 Filing 5 Proposed Summons for Robert P. Bernardi by Cumulus Investors, LLC. (Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.]
March 17, 2020 Filing 4 Document filed in error and removed re Proposed Summons to Nihat Cardak by Cumulus Investors, LLC. (Collins, Christopher) (Main Document 4 replaced on 3/18/2020) (klau, ). Modified text on 3/18/2020 (klau, ). [Transferred from Virginia Eastern on 6/18/2020.]
March 17, 2020 Filing 3 Document filed in error and removed re Proposed Summons to Robert P. Bernardi by Cumulus Investors, LLC. (Collins, Christopher) (Main Document 3 replaced on 3/18/2020) (klau, ). Modified text on 3/18/2020 (klau, ). [Transferred from Virginia Eastern on 6/18/2020.]
March 17, 2020 Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Cumulus Investors, LLC. (Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.]
March 17, 2020 Filing 1 Complaint - Verified ( Filing fee $ 400, receipt number 0422-7126324.), filed by Cumulus Investors, LLC. (Attachments: #1 Document file in error and removed re Civil Cover Sheet, #2 Exhibit Bernardi email to Kazeminy re Accountant's Report of Giga, #3 Exhibit Giga Promissory Note to Bernardi 2012, #4 Exhibit Giga Promissory Note to Bernardi 2014, #5 Exhibit Corporate Certifcate of Incumbency, #6 Exhibit Capital and Debt Schedule of Giga from Bernardi, #7 Exhibit Bernardi email to Cumulus re Amended Promissory Notes, #8 Exhibit Friedman Kaplan Letter, #9 Exhibit First Midwest Bank Transfer Confirmation, #10 Exhibit Giga Promissory Note to Cumulus May 2019, #11 Exhibit Bernardi letter to Cumulus re Giga valuation, #12 Exhibit Giga Amended Promissory Note to Cumulus, #13 Exhibit Shareholder Consent - Forged, #14 Exhibit Bernardi email to Cumulus and Giga Shareholder Detail Table, #15 Exhibit Giga Series F Preferred Shareholder List from Crystal, #16 Exhibit Confession of Judgment filed by Cumulus, #17 Exhibit THT Accountant Confirmation that Giga Financials were Falsified, #18 Exhibit US Attorney for the Southern District of NY Letter to Cumulus, #19 Exhibit Giga Promissory Note to Bernardi 2016 - Revised)(Collins, Christopher) (Attachment 1 replaced on 3/18/2020) (klau, ). Modified text on 3/18/2020 (klau, ). [Transferred from Virginia Eastern on 6/18/2020.]

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Defendant: Nihat Cardak
Represented By: Samuel Lee Moultrie
Represented By: David G. Barger
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Defendant: Robert P Bernardi
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Plaintiff: Cumulus Investors, LLC
Represented By: Mark R. Owens
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