Magladery et al v. Bernardi, et al
| John O'Neill Jr., Eugene Johnson, John Magladery and Joanne Valdes |
| Todd Wincup, Bank of America Corporation, Nihat Cardak, Stephens Inc., Thompson, Hughes, & Trollinger, P.L.L.C., Daniel Bernardi, Baker Tilly Virchow Krause, LLP, BDO USA LLC, Robert Hisaoka and Robert P Bernardi |
| 1:2020cv00981 |
| July 23, 2020 |
| U.S. District Court for the District of Delaware |
| Maryellen Noreika |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 144
ORDER - IT IS HEREBY ORDERED that this case and all pending motions are REFERRED to the United States Bankruptcy Court for the District of Delaware. The Clerk is directed to CLOSE this case. ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 7/30/2020. (dlw)
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| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 143 NOTICE of Appearance by Alan D. Albert on behalf of Thompson, Hughes, & Trollinger, P.L.L.C. (Albert, Alan) |
| Filing 142 Local Counsel Letter sent. Notice of Compliance deadline set for 8/24/2020. (sam) |
| Filing 141 Record of case transferred in from District of Virginia Eastern; Case Number in Other District: 1:20-cv-00176. 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 7/23/2020.] |
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Filing 140
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 7/23/2020.]
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| Filing 139 NOTICE by Stephens, Inc. re #135 MOTION to Stay Remaining Pretrial Deadlines Under the Court's Rule 16(b) Scheduling Order - Consent of Remaining Represented Parties (Hooe, Laura) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 138 (Court Copy) NOTICE of Voluntary Dismissal of Claims as to Defendant Todd Wincup by Eugene Johnson, John Magladery, John O'Neill Jr. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 137 NOTICE by Stephens, Inc. re #135 MOTION to Stay Remaining Pretrial Deadlines Under the Court's Rule 16(b) Scheduling Order Waiving Oral Argument (Hooe, Laura) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 136 Memorandum in Support re #135 MOTION to Stay Remaining Pretrial Deadlines Under the Court's Rule 16(b) Scheduling Order filed by Stephens, Inc.. (Hooe, Laura) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 135 MOTION to Stay Remaining Pretrial Deadlines Under the Court's Rule 16(b) Scheduling Order by Stephens, Inc.. (Hooe, Laura) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 134
So Ordered re #133 Notice of Voluntary Dismissal as to defendant Todd Wincup without prejudice, filed by Joanne Valdes, John Magladery, Eugene Johnson, John O'Neill Jr. Signed by District Judge Anthony J Trenga on 6/3/20. (klau, ) Modified on 6/3/2020 (c/m on 6/3/20)(klau, ). [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 133 NOTICE of Voluntary Dismissal Todd Wincup by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 132 Memorandum in Support re #55 First MOTION for Default Judgment as to Robert Bernardi with Roseboro,. filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Attachments: #1 Affidavit Plaintiffs' Affidavits)(Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 131
ORDER granting #129 Motion to Continue. ORDERED that the hearing Mr. Wincup's Motion to Dismiss Pursuant to Rule 12(b)(6), ECF No. 108, is continued until June 12, 2020. Signed by District Judge Anthony J Trenga on 5/26/20. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 130 REPLY to Response to Motion re #108 MOTION to Dismiss for Failure to State a Claim filed by Todd Wincup. (Binnall, Jesse) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 129 Consent MOTION to Continue Hearing on Motion to Dismiss Pursuant to Rule 12(b)(6) by Todd Wincup. (Attachments: #1 Proposed Order)(Binnall, Jesse) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 128
ORDER granting #124 Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 5/21/20. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 127 Notice of Hearing Date June 12, 2020 re #125 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) (Binnall, Jesse) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 126 Brief in Support to #125 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) filed by Todd Wincup. (Attachments: #1 Exhibit 1 - Declaration, #2 Exhibit 2, #3 Exhibit 3)(Binnall, Jesse) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 125 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) by Todd Wincup. (Binnall, Jesse) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 124 Motion to appear Pro Hac Vice by Frank Taddeo, Jr and Certification of Local Counsel Jesse R. Binnall Filing fee $ 75, receipt number 0422-7213311. by Todd Wincup. (Attachments: #1 Application to Appear Pro Has Vice)(Binnall, Jesse) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 123 Memorandum in Opposition re #108 MOTION to Dismiss for Failure to State a Claim Todd Wincup filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 122 RESPONSE in Opposition re #108 MOTION to Dismiss for Failure to State a Claim Todd Wincup filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 121 Response to #78 Order dated 4/13/20 filed by Jeoffrey L. Burtch. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 120
ORDER that the Trustee's #118 Motion for Leave to File be, and the same hereby 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 7/23/2020.]
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| Notice of Correction re #118 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 7/23/2020.] |
| Filing 119 Financial Interest Disclosure Statement (Local Rule 7.1) by Jeoffrey L. Burtch, Interim Trustee. (Williams, Karen) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 118 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 7/23/2020.] |
| Filing 117 Response to #105 Response to Court's April 13, 2020 Order filed by Robert Hisaoka. (Kapner, Daniel) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 116 Response to #78 Order dated 4/13/20 filed by Todd Wincup. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 115
ORDER granting #112 Motion for Extension of Time to File Response/Reply. ORDERED that Mr. Wincup's proposed position to the Order of April 13, 2020, attached as Exhibit A to the motion, is deemed filed as of the date of this Order. Signed by Magistrate Judge Ivan D. Davis on 5/13/20. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 114 NOTICE by Todd Wincup re #112 MOTION for Extension of Time to File Response/Reply as to #78 Order, Erratum (Attachments: #1 Consent Motion for Extension of Time to Respond to Order of April 13, 2019)(Binnall, Jesse)[Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 113 Memorandum in Support re #112 MOTION for Extension of Time to File Response/Reply as to #78 Order, filed by Todd Wincup. (Binnall, Jesse) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 112 MOTION for Extension of Time to File Response/Reply as to #78 Order, by Todd Wincup. (Attachments: #1 Exhibit A - Wincup's Response to Court Order, #2 Proposed Order)(Binnall, Jesse) (Main Document 112 replaced on 5/13/2020) (klau, ). [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 111 REPLY to Response to Motion re #87 MOTION to Dismiss for Failure to State a Claim filed by Daniel Bernardi. (LeGrand, Rebecca) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 110 Notice of Hearing Date Set for May 29, 2020 re #108 MOTION to Dismiss for Failure to State a Claim (Binnall, Jesse) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 109 Memorandum in Opposition re #108 MOTION to Dismiss for Failure to State a Claim filed by Todd Wincup. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Binnall, Jesse) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 108 MOTION to Dismiss for Failure to State a Claim by Todd Wincup. (Binnall, Jesse) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 107
ORDER granting #98 Consent Motion for Extension of Time. ORDERED that Todd Wincup's deadline to move, answer or otherwise plead in response to the complaint to extended until May 6, 2020. Signed by Magistrate Judge Ivan D. Davis on 5/5/20. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 106 Memorandum in Response to #78 Order, filed by Daniel Bernardi. (Attachments: #1 Exhibit A)(LeGrand, Rebecca) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 105 Response Court Order 4-13-20 filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 104
ORDER that the hearing on Defendant Stephens Inc.s Motion to Dismiss [Doc. 81] and Defendant Daniel Bernardis Motion to Dismiss [Doc. 87], currently scheduled for Friday, May 8, 2020 at 10:00 a.m., be, and the same hereby is, CONTINUED to a date to be scheduled expeditiously, as necessary, following the Courts ruling regarding where Plaintiffs' claims against the Defendants should proceed and by whom (see order for details). Signed by District Judge Anthony J Trenga on 5/4/20. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 103 Memorandum in Response to #78 Order, filed by Robert Hisaoka. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Kapner, Daniel) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 102 Response to #78 Order, filed by Stephens, Inc.. (Lonas, Carl) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 101 REPLY to Response to Motion re #81 MOTION to Dismiss for Failure to State a Claim and MOTION to Dismiss for Lack of Jurisdiction filed by Stephens, Inc.. (Lonas, Carl) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 100 Response to #78 Order, filed by Thompson, Hughes, & Trollinger, P.L.L.C.. (Adams, Christopher) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 99 Brief in Support to #98 MOTION for Extension of Time to Move, Answer, or Otherwise Plead filed by Todd Wincup. (Binnall, Jesse) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 98 MOTION for Extension of Time to Move, Answer, or Otherwise Plead by Todd Wincup. (Attachments: #1 Proposed Order)(Binnall, Jesse) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 97 Memorandum in Opposition re #87 MOTION to Dismiss for Failure to State a Claim Daniel Bernardi filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 96 RESPONSE in Opposition re #87 MOTION to Dismiss for Failure to State a Claim Daniel Bernardi filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 95 Response to #78 Order, filed by Nihat Cardak. (rban, ) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 94 NOTICE of Appearance by Jesse R. Binnall on behalf of Todd Wincup (Binnall, Jesse) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 93 Memorandum in Opposition re #81 MOTION to Dismiss for Failure to State a Claim and MOTION to Dismiss for Lack of Jurisdiction Stephens Inc. filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Attachments: #1 Exhibit Exhibit 1)(Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 92 RESPONSE in Opposition re #81 MOTION to Dismiss for Failure to State a Claim and MOTION to Dismiss for Lack of Jurisdiction Stephens Inc. filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 91 AFFIDAVIT of Service returned executed for Summons and Complaint as to Todd Wincup served on 04/02/2020, answer due 4/23/20, filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) Modified text on 4/28/2020 (klau, ). [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 90 Notice of Hearing Date set for May 8, 2020 re #87 MOTION to Dismiss for Failure to State a Claim (LeGrand, Rebecca) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 89 REPLY to Response to Motion re #46 MOTION to Dismiss for Failure to State a Claim filed by Thompson, Hughes, & Trollinger, P.L.L.C.. (Adams, Christopher) [Transferred from Virginia Eastern on 7/23/2020.] |
| Notice of Correction re #87 MOTION to Dismiss for Failure to State a Claim , 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 7/23/2020.] |
| Filing 88 Memorandum in Support re #87 MOTION to Dismiss for Failure to State a Claim filed by Daniel Bernardi. (LeGrand, Rebecca) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 87 MOTION to Dismiss for Failure to State a Claim by Daniel Bernardi. (LeGrand, Rebecca) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 86 NOTICE of Appearance by Rebecca Suzanne LeGrand on behalf of Daniel Bernardi (LeGrand, Rebecca) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 85 Reply to #77 Memorandum in Opposition, #76 Response in Opposition to Motion to Dismiss filed by Robert Hisaoka. (Kapner, Daniel) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 84 Clerk's ENTRY OF DEFAULT as to Robert P. Bernardi (klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 83 Notice of Hearing Date set for May 8, 2020 at 10:00 am re #81 MOTION to Dismiss for Failure to State a Claim and MOTION to Dismiss for Lack of Jurisdiction (Lonas, Carl) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 82 Memorandum in Support re #81 MOTION to Dismiss for Failure to State a Claim and MOTION to Dismiss for Lack of Jurisdiction filed by Stephens, Inc.. (Attachments: #1 Exhibit A)(Lonas, Carl) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 81 MOTION to Dismiss for Failure to State a Claim and, MOTION to Dismiss for Lack of Jurisdiction by Stephens, Inc.. (Lonas, Carl) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 80 Memorandum in Opposition re #46 MOTION to Dismiss for Failure to State a Claim Thompson, Hughes, & Trollinger P.L.L.C filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 79 RESPONSE in Opposition re #46 MOTION to Dismiss for Failure to State a Claim Thompson, Hughes, & Trollinger P.L.L.C filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 78
ORDER that within twenty-one (21) days from the date of this Order, the parties shall file their respective positions concerning whether Plaintiffs' 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, ) Modified on 4/13/2020 (c/m on 4/13/20) (klau, ). [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 77 Memorandum in Opposition re #35 MOTION to Dismiss Robert Hisaoka filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 76 RESPONSE in Opposition re #35 MOTION to Dismiss Robert Hisaoka filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 75
So Ordered re #74 First Notice to Voluntarily Dismiss Defendant Merrill Lynch without prejudice filed by Joanne Valdes, John Magladery, Eugene Johnson, John O'Neill Jr.. Signed by District Judge Anthony J Trenga on 4/8/20. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 74 First MOTION to Voluntarily Dismiss Defendant Merrill Lynch by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 73
ORDER granting #72 Motion for Extension of Time to Submit Rule 26(a)(1) Disclosures. ORDERED that Defendant Bank of Americas deadline to serve Fed. R. Civ. P. 26(a)(1) disclosures is extended to and including April 17, 2020. Signed by Magistrate Judge Ivan D. Davis on 04/03/2020. (jlan) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 72 Consent MOTION for Extension of Time to Submit Rule 26(a)(1) Disclosures by Bank of America Corporation. (Attachments: #1 Proposed Order Proposed Order)(Lawson, Jodie) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 71
ORDER re #70 Motion for Extension of Time to Answer ORDERED that Defendant Bank of America's deadline to respond to Plaintiffs' Complaint is extended to and including April 10, 2020. Signed by Magistrate Judge Ivan D. Davis on 4/2/20. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 70 MOTION for Extension of Time to File Answer by Bank of America Corporation. (Attachments: #1 Proposed Order Proposed Order)(Lawson, Jodie) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 69
So Ordered re #67 First MOTION to Voluntarily Dismiss Claims as to Baker Tilly Virchow Krause LLPwithout prejudice, filed by Joanne Valdes, John Magladery, Eugene Johnson, John O'Neill Jr.. Signed by District Judge Anthony J Trenga on 4/1/20. (klau, ) Modified text on 4/1/2020 (klau, ). [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 68 SUMMONS Returned Executed. (rban, ) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 67 First MOTION to Voluntarily Dismiss Claims as to Baker Tilly Virchow Krause LLP by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 66 AFFIDAVIT re #55 First MOTION for Default Judgment as to Robert Bernardi with Roseboro,. by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 65 Notice of Hearing Date set for May 8, 2020 10:00 a.m. re #55 First MOTION for Default Judgment as to Robert Bernardi with Roseboro,. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 64 Request for Entry of Default as to Robert Bernardi by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Attachments: #1 Affidavit Affidavit)(Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 63 Reply in Support of #19 Motion to Dismiss filed by Nihat Cardak. (klau, ) Modified on 3/31/2020 to add linkage (klau, ). [Transferred from Virginia Eastern on 7/23/2020.] |
| Notice of Correction re #58 Affidavit of Service, The filing user has been notified to file Motion for Entry of Default including affidavit in support and file Notice of Hearing or Waiver for dkt. no. 55 Motion for Default Judgment. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 62
ORDERED that the hearing on Defendant Robert Hisaokas Motion to Dismiss Complaint #35 , currently scheduled for Friday, April 10, 2020 at 10:00 a.m., be, and the same hereby is, CANCELLED; and it is further ORDERED that the hearing on Defendant Thompson, Hughes, & Trollinger, P.L.L.C.s Motion to Dismiss Under Federal Rule 12(b)(6) #46 , currently scheduled for Friday, April 10, 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 7/23/2020.]
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Filing 61
Order Rule 16(b) Scheduling Order. Because the parties' Proposed Joint Discovery Plan #57 adequately addresses the matters that would be discussed during the initial pretrial conference, the initial pretrial conference scheduled for April 1, 2020, pursuant to Rule 16(b) and this Court's March 11, 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. See order for further details. Signed by Magistrate Judge Ivan D. Davis on 3/25/2020. (lgue, )(c/s to pro se defendant) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 60 Financial Interest Disclosure Statement (Local Rule 7.1) by Bank of America Corporation. (Lawson, Jodie) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 59
So Ordered re #56 Notice of Voluntary Dismissal of Defendant BDO USA, LLC filed by Joanne Valdes, John Magladery, Eugene Johnson, John O'Neill Jr.. Signed by District Judge Anthony J Trenga on 3/25/2020. (dvanm, ) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 58 AFFIDAVIT of Service Returned Executed for Summons and Complaint as to Robert Bernardi served on 02/25/2020, Answer due 3/17/20, filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) Modified on 3/26/2020 to add answer due date (klau, ). [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 57 Joint Discovery Plan by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes.(Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 56 NOTICE of Voluntary Dismissal of Defendant BDO USA LLC by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Notice of Correction re #55 First MOTION for Default Judgment as to Robert Bernardi with Roseboro,. 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 7/23/2020.] |
| Filing 55 First MOTION for Default Judgment as to Robert Bernardi with Roseboro,. by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Attachments: #1 Exhibit Proof of Service)(Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 54 Response to #52 Memorandum in Opposition Certificate of Service filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 53 Certificate of Service to #51 Response in Opposition to Motion filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) Modified on 3/23/2020 to correct event(klau, ). [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 52 Memorandum in Opposition re #19 MOTION to Dismiss filed by Defendant Cardak filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 51 RESPONSE in Opposition re #19 MOTION to Dismiss filed by Defendant Cardak filed by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 50 Financial Interest Disclosure Statement (Local Rule 7.1) by BDO USA LLC. (Ruffing, Katherine) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 49 Notice of Hearing Date set for April 10, 2020 re #46 MOTION to Dismiss for Failure to State a Claim (Adams, Christopher) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 48 Financial Interest Disclosure Statement (Local Rule 7.1) by Thompson, Hughes, & Trollinger, P.L.L.C.. (Adams, Christopher) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 47 Memorandum in Support re #46 MOTION to Dismiss for Failure to State a Claim filed by Thompson, Hughes, & Trollinger, P.L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Adams, Christopher) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 46 MOTION to Dismiss for Failure to State a Claim by Thompson, Hughes, & Trollinger, P.L.L.C.. (Adams, Christopher) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 45
ORDER granting #42 Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 3/18/20. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 44 WAIVER OF SERVICE Returned Executed by Joanne Valdes, Eugene Johnson, John Magladery, John O'Neill Jr.. Daniel Bernardi waiver sent on 3/18/2020, answer due 5/18/2020. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 43 REQUEST FOR WAIVER of Service sent to Daniel Bernardi on 3/18/20 by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. Waiver of Service due by 4/20/2020. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 42 MOTION Pro Hac Vice Admission of Christopher W. Mahoney by Robert Hisaoka. (Attachments: #1 Exhibit Attachment, #2 Exhibit Attachment)(Kapner, Daniel) Modified on 3/18/2020 (lcre, ). (Attachment 2 replaced on 3/18/2020) (lcre, ). [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 41 Notice of Hearing Date re #35 MOTION to Dismiss (Kapner, Daniel) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 40
ORDER granting #39 Motion for Pro hac vice. Signed by District Judge Anthony J. Trenga on 3/18/2020. (dzir) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 39 Motion to appear Pro Hac Vice by Joseph Russell Falasco and Certification of Local Counsel C. Dewayne Lonas Filing fee $ 75, receipt number 0422-7126790. by Stephens, Inc.. (Attachments: #1 Application to Qualify ad Foreign Attorney)(Lonas, Carl) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 38 Financial Interest Disclosure Statement (Local Rule 7.1) by Stephens, Inc.. (Lonas, Carl) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 37
ORDER granting #32 Motion for Extension of Time. Defendant Stephens Inc. is given up to and including April 13, 2020, to file an answer or otherwise respond to Plaintiffs' Complaint. Signed by Magistrate Judge John F. Anderson on 03/17/2020. (wgar, ) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 36 Memorandum in Support re #35 MOTION to Dismiss Complaint filed by Robert Hisaoka. (Attachments: #1 Exhibit A)(klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 35 MOTION to Dismiss Complaint by Robert Hisaoka. (Told counsel to file Notice of Hearing or Waiver) (Attachments: #1 Proposed Order)(klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 34 Financial Interest Disclosure Statement (Local Rule 7.1) by Robert Hisaoka. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 33 NOTICE of Appearance by Daniel Ari Kapner on behalf of Robert Hisaoka (Attachments: #1 Letter)(klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 32 MOTION for Extension of Time to File Answer by Stephens, Inc.. (Attachments: #1 Proposed Order)(Lonas, Carl) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 31
ORDER - ORDERED that Defendant Bank of America's deadline to respond to Plaintiffs' Complaint is extended to and including April 3, 2020. Signed by Magistrate Judge John F. Anderson on 03/17/2020. (wgar, ) [Transferred from Virginia Eastern on 7/23/2020.]
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Filing 30
ORDER - In accordance with Eastern District of Virginia General Order No. 2020-03, the parties in the above matter are ORDERED to submit a Joint Discovery Plan by Wednesday, March 25, 2020 in preparation for the Rule 16(B) conference scheduled for Wednesday, April 1, 2020. If necessary, the court will hold the Rule 16(B) conference by telephone. Signed by Magistrate Judge John F. Anderson on 03/17/2020. (wgar, ) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 29 NOTICE of Appearance by Laura May Hooe on behalf of Stephens, Inc. (Hooe, Laura) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 28 NOTICE of Appearance by Carl Dewayne Lonas on behalf of Stephens, Inc. (Lonas, Carl) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 27 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by Bank of America Corporation. (Attachments: #1 Proposed Order)(Lawson, Jodie) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 26 Proposed Summons Todd Wincup - Amended by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Notice of Correction re #26 Proposed Summons, The filing user has been notified to file certificate of service for the summons issued on 2/21/20 as defendant Todd Wincup. No amended (Alias) summons will be issued at this time. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 25
ORDER granting in part #24 Motion for Extension of Time to File. ORDERED that: Defendant is given up to and including April 10, 2020 (three week extension) to file an answer or otherwise respond to Plaintiffs' Complaint. Signed by Magistrate Judge John F. Anderson on 03/13/2020. (wgar, ) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 24 Consent MOTION for Extension of Time to Answer or Otherwise Respond by BDO USA LLC. (Attachments: #1 Proposed Order)(Ruffing, Katherine) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 23 NOTICE of Appearance by Katherine Marie Ruffing on behalf of BDO USA LLC (Ruffing, Katherine) [Transferred from Virginia Eastern on 7/23/2020.] |
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Filing 22
SCHEDULING ORDER: Initial Pretrial Conference set for 4/1/2020 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. 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 3/11/2020. (Attachments: #1 Magistrate Consent, #2 Pretrial Notice)(dzir) [Transferred from Virginia Eastern on 7/23/2020.]
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| Filing 21 NOTICE of Waiver of Oral Argument by Nihat Cardak re #19 MOTION to Dismiss Complaint (klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 20 Memorandum in Support re #19 MOTION to Dismiss Complaint filed by Nihat Cardak. (Attachments: #1 Exhibit A)(klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 19 MOTION to Dismiss Complaint by Nihat Cardak. (klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 18 NOTICE of Appearance by Christopher Quinn Adams on behalf of Thompson, Hughes, & Trollinger, P.L.L.C. (Adams, Christopher) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 17 NOTICE of Appearance by Charles Michael Sims on behalf of Thompson, Hughes, & Trollinger, P.L.L.C. (Sims, Charles) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 16 Financial Interest Disclosure Statement (Local Rule 7.1) by John O'Neill Jr.. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 15 Financial Interest Disclosure Statement (Local Rule 7.1) by Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 14 Financial Interest Disclosure Statement (Local Rule 7.1) by Eugene Johnson. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 13 Financial Interest Disclosure Statement (Local Rule 7.1) by John Magladery. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 12 Summons Issued for service by SPS as to BDO USA LLC, Baker Tilly Virchow Krause, LLP, Bank of America Corporation, Daniel Bernardi, Robert P. Bernardi, Nihat Cardak, Robert Hisaoka, Stephens, Inc., Thompson, Hughes, & Trollinger, P.L.L.C., Todd Wincup. 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 Notice)(klau, ) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 11 Proposed Summons Bank of America Corporation by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 10 Proposed Summons Robert Hisaoka by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 9 Proposed Summons Todd Wincup by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 8 Proposed Summons BDO USA LLC by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 7 Proposed Summons Baker Tilly Virchow Krause, LLP by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 6 Proposed Summons Thompson, Hughes, & Trollinger P.L.L.C by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 5 Proposed Summons Stephens, Inc. by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 4 Proposed Summons Daniel Bernardi by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 3 Proposed Summons Nihat Cardak by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 2 Proposed Summons Robert Bernardi by Eugene Johnson, John Magladery, John O'Neill Jr., Joanne Valdes. (Heidt, Alex) [Transferred from Virginia Eastern on 7/23/2020.] |
| Filing 1 Complaint against Robert P. Bernardi; Nihat Cardak; Daniel Bernardi; Stephens, Inc.; Thompson, Hughes, & Trollinger, P.L.L.C.; Baker Tilly Virchow Krause, LLP; BDO USA LLC; Todd Wincup; Robert Hisaoka; and Bank America Corporation ( Filing fee $ 400, receipt number 0422-7081232.), filed by John O'Neill Jr., John Magladery, Joanne Valdes, Eugene Johnson. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Heidt, Alex) Modified text on 2/20/2020 (klau, ). [Transferred from Virginia Eastern on 7/23/2020.] |
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