Cumulus Investors, LLC v. Bernardi et al
| Cumulus Investors, LLC |
| Nihat Cardak and Robert P Bernardi |
| 1:2020cv00823 |
| June 18, 2020 |
| US District Court for the District of Delaware |
| Leonard P Stark |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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Filing 42
ORAL ORDER: The Court has reviewed Judge Trenga's order transferring this matter from the Eastern District of Virginia to the District of Delaware. (D.I. 29) The Court finds that Judge Trenga's transfer of the matter under 28 U.S.C. 1412 is a determination that this matter relates to a Title 11 action. This District's February 29, 2012 amended standing order requires that all Title 11 matters are to be referred to the bankruptcy judges of this District. Therefore, IT IS HEREBY ORDERED that this matter and all pending motions are REFERRED to the United States Bankruptcy Court for the District of Delaware. IT IS FURTHER ORDERED that the hearing on the motion for default judgment scheduled for October 1, 2020 at 2:30 PM is CANCELLED. The Clerk is directed to CLOSE C.A. No. 20-cv-823 (LPS). ORDERED by Judge Leonard P. Stark on 9/30/20. (ntl)
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Filing 41
ORAL ORDER: IT IS HEREBY ORDERED that the Telephone Conference scheduled for October 1, 2020 will begin at 2:30 PM. ORDERED by Judge Leonard P. Stark on 9/25/20. (ntl)
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Filing 40
ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear argument by teleconference on the motion for default judgment on October 1, 2020 beginning at 10:00 a.m. The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 9/14/20. (ntl)
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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) |
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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)
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| Filing 39 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Hass - filed by Nihat Cardak. (Attachments: #1 Exhibit Certification)(Moultrie, Samuel) |
| Filing 38 MOTION for Pro Hac Vice Appearance of Attorney David G. Barger - filed by Nihat Cardak. (Attachments: #1 Exhibit Certification)(Moultrie, Samuel) |
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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)
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| Filing 36 NOTICE of Appearance by Samuel Lee Moultrie on behalf of Nihat Cardak (Moultrie, Samuel) |
| CORRECTING ENTRY: NOTICE of Appearance by Samuel Lee Moultrie per request of filer. (rwc) |
| Filing 35 MOTION for Christopher M. Collins to Withdraw as Attorney - filed by Cumulus Investors, LLC. (Attachments: #1 Text of Proposed Order)(Owens, Mark) |
| 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 34 PROPOSED ORDER re #33 MOTION for Hearing re #23 Order Withdrawing Reference,, by Cumulus Investors, LLC. (Owens, Mark) |
| Filing 33 MOTION for Hearing re #23 Order Withdrawing Reference,, - filed by Cumulus Investors, LLC. (Owens, Mark) |
| Filing 32 NOTICE of Appearance by Mark R. Owens on behalf of Cumulus Investors, LLC (Owens, Mark) |
| 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) |
| 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 |
| 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.] |
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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.]
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| 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.] |
| 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.] |
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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.]
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| 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.] |
| 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.] |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| Filing 16 MOTION to Dismiss for Failure to State a Claim by Nihat Cardak. (Barger, David) [Transferred from Virginia Eastern on 6/18/2020.] |
| 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.] |
| Filing 14 Clerk's ENTRY OF DEFAULT as to Robert P. Bernardi and Nihat Cardak. (shea) [Transferred from Virginia Eastern on 6/18/2020.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| Filing 7 Civil Cover Sheet by Cumulus Investors, LLC. (Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.] |
| Filing 6 Proposed Summons for Nihat Cardak by Cumulus Investors, LLC. (Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.] |
| Filing 5 Proposed Summons for Robert P. Bernardi by Cumulus Investors, LLC. (Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.] |
| 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.] |
| 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.] |
| Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Cumulus Investors, LLC. (Collins, Christopher) [Transferred from Virginia Eastern on 6/18/2020.] |
| 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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