Feenix Payment Systems, LLC et al v. Steel Capital Management, LLC et al
| Feenix Venture Partners, LLC and Feenix Payment Systems, LLC |
| Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC and Michael Hoffman |
| Spencer Lee |
| Honorable Sue L. Robinson |
| 1:2020cv01519 |
| November 11, 2020 |
| U.S. District Court for the District of Delaware |
| Richard G Andrews |
| Mark A Kearney |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.
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Filing 170
ORDER, Defendants' third Motion to compel and Motion for discovery sanctions (D.I. #158 ) is DENIED as moot. Plaintiffs' Motion to compel (D.I. #160 ) is DENIED as moot. Non-Party Spencer Lee's Motion to quash subpoena (D.I. #166 ) is DENIED as moot. This action is DISMISSED with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii); and, The Clerk of Court shall close this case. (CASE CLOSED). Signed by Judge Mark A. Kearney on 10/19/2021. (smg)
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Filing 169
STIPULATION of Dismissal by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas)
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Filing 168
NOTICE of Request to Unseal Motion to Compel by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC re #160 First MOTION to Compel , #167 Order, (Uebler, Thomas)
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Filing 167
ORDER: Plaintiffs shall, on or before October 5, 2021, either refile their Motion to compel (D.I. #160 ) without a seal or show cause in a Memorandum not exceeding ten pages as to how we could preclude public access to Plaintiffs' Motion (D.I. 160) consistent with In re: Avandia Mktg., Sales Practices and Products Liab. Litig. 924 F.3d 662, 671-73 (3d Cir. 2019) (See Order for further details). Signed by Judge Mark A. Kearney on 10/1/2021. (myr)
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Filing 166
MOTION to Quash SUBPOENA PURSUANT TO FED.R.C.P. 45 - filed by Spencer Lee. (Attachments: #1 Text of Proposed Order)(Hauswirth, Gregory)
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Filing 165
NOTICE OF SERVICE of Defendants Third Set of Requests for Production of Documents to Plaintiffs filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC.(Newell, Ryan)
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Filing 164
NOTICE OF SERVICE of Subpoena directed to Spencer Lee filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Exhibit 1)(Newell, Ryan)
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Filing 163
MEMORANDUM in Opposition re #160 First MOTION to Compel filed by Steel Capital Management, LLC.Reply Brief due date per Local Rules is 10/4/2021. (Attachments: #1 Exhibit)(Newell, Ryan)
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Filing 162
AFFIDAVIT of William Baker re #161 Memorandum in Opposition, in support of Plaintiff's Memorandum in Opposition to Defendants' Motion to Compel and Motion for Discovery Sanctions filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas)
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Filing 161
MEMORANDUM in Opposition re #158 Third MOTION to Compel and Motion for Discovery Sanctions filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.Reply Brief due date per Local Rules is 10/4/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Uebler, Thomas)
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CORRECTING ENTRY: D.I. 162 previously deleted per counsels request. (apk)
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Remark: Per Counsel's request to unseal D.I. #160 . Plaintiff inadvertently "SEALED" D.I. #160 . (mal)
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Filing 160
First MOTION to Compel - filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Attachments: #1 Exhibit Order)(Uebler, Thomas) Modified on 9/24/2021 (mal).
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Filing 159
NOTICE OF SERVICE of Defendants Responses and Objections to Plaintiffs First Set of Interrogatories filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC.(Newell, Ryan)
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Filing 158
Third MOTION to Compel and Motion for Discovery Sanctions - filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Compliance [D.Del. LR 7.1.1 and ED. Pa. Loal Rule 26.1(f) Certification], #3 Exhibit 1 - 8)(Newell, Ryan)
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Filing 157
ORDER, it is ORDERED we amend our August 3, 2021 Order (D.I. #132 ) solely: Judge Robinsons duties shall also include timely and confidentially addressing mediation consistent with the parties obligations under our June 11, 2021 Order (D.I. #91 ) including allowing Judge Robinson to communicate ex parte with each counsel on mediation matter as she deems necessary but not discovery disputes; We vacate the reference to Judge Heffley in our June 11, 2021 Order (D.I. #91 ); and all other obligations in our August 3, 2021 Order (D.I. #132 ) remain in effect. Signed by Judge Mark A. Kearney on 9/17/2021. (cna, )
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Filing 156
NOTICE of Service of Second Set of Requests for Production and Fourth Set of Interrogatories by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC (Newell, Ryan)
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Filing 155
NOTICE of Subpoena to Katherine Plavan and Spencer Lee by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Newell, Ryan)
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Filing 154
ORDER: Special Master Judge Robinsons August 30, 2021 Report and Recommendation (ECF Doc. No. #153 ) is APPROVED; and, Defendants shall, on or before September 2, 2021, produce all nonprivileged documents relating to the creation and formation of Steel Capital, including internal communications regardless of whether the documents relate to trade secrets or specifically reference Feenix. Signed by Judge Mark A. Kearney on 8/31/2021. (myr)
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Filing 153
REPORT AND RECOMMENDATIONS on Plaintiffs' Motion for reconsideration. Objections to R&R due by 8/31/2021. Signed by Judge Mark A. Kearney on 8/30/2021. (nmg) Modified on 8/30/2021 (nmg).
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Filing 152
NOTICE OF SERVICE of Subpoena to Clay DeGiacinto filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Exhibit 1)(Newell, Ryan)
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Filing 151
ORDER ADOPTING REPORT AND RECOMMENDATIONS (ECF Doc. No. #147 ) in its entirety. Plaintiffs' Objections (ECF Doc. Nos. #148 , #149 ) are OVERRULED without prejudice to seek reconsideration from Judge Robinson as to further discovery as Plaintiffs' Objections seemingly focus on their belief Judge Robinson misheard or misinterpreted the nature of their discovery requests despite extensive memoranda and oral argument. Plaintiffs' Motion to compel (ECF Doc. No. #119 ) is GRANTED requiring on or before September 2, 2021, Defendants shall produce those non-privileged documents relating to the creation of Steel Capital, including internal communications. Defendants' Motion to compel (ECF Doc. No. #120 ) is GRANTED. See Order for requirements. Signed by Judge Mark A. Kearney on 8/26/2021. (nmg)
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Filing 150
RESPONSE TO OBJECTIONS by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC re #148 Objections,, #149 Objections,, . (Attachments: #1 Exhibit A - C)(Newell, Ryan)
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Filing 149
OBJECTIONS by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC to #147 REPORT AND RECOMMENDATIONS of Special Master re #120 MOTION to Compel filed by Steel Capital Management, LLC, Steel Payments, LLC, Marc Sehgal, Michael Hoffman, #119 MOTION to Compel filed by Feenix Payment Systems, LLC . (Attachments: #1 Exhibit Exhibit A to Plaintiffs' Objections to Special Master Order, #2 Exhibit Exhibit B to Plaintiffs' Objections to Special Master Order)(Uebler, Thomas)
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Filing 148
OBJECTIONS by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC to #147 REPORT AND RECOMMENDATIONS of Special Master re #120 MOTION to Compel filed by Steel Capital Management, LLC, Steel Payments, LLC, Marc Sehgal, Michael Hoffman, #119 MOTION to Compel filed by Feenix Payment Systems, LLC . (Attachments: #1 Exhibit Exhibit A to Plaintiffs' Objections to Special Master Order, #2 Exhibit Exhibit B to Plaintiffs' Objections to Special Master Order)(Uebler, Thomas)
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Filing 147
REPORT AND RECOMMENDATIONS of Special Master re #120 MOTION to Compel filed by Steel Capital Management, LLC, Steel Payments, LLC, Marc Sehgal, Michael Hoffman, #119 MOTION to Compel filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. Signed by Sue L. Robinson, serving as Special Master on 8/24/2021. (nmg)
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Filing 146
NOTICE of Withdrawal of Appearance of Hayley M. Lenahan, Esquire by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC (Uebler, Thomas)
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Filing 145
ORDER, denying Motion to Strike (D.I. #130 ) (See Order for further details). Signed by Judge Mark A. Kearney on 8/24/2021. (myr)
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Filing 144
MEMORANDUM OPINION. Signed by Judge Mark A. Kearney on 8/24/2021. (myr)
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CORRECTING ENTRY: D.I. #147 was re-docketed to reflect the proper document code. (nmg)
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Filing 143
REPLY BRIEF re #130 MOTION to Strike Demand for Jury Trial filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Newell, Ryan)
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Filing 142
NOTICE OF SERVICE of Plaintiffs' First Set of Interrogatories to Defendants filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.(Uebler, Thomas)
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Filing 141
NOTICE OF SERVICE of 1) a subpoena to testify at a deposition and produce documents with proof of service, attached as Exhibit 1, was served upon Elliott Management Corp., and 2) a subpoena to testify at a deposition and produce documents with proof of service, attached as Exhibit 2, was served upon Arena Investors, L.P. filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Newell, Ryan)
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Filing 140
NOTICE of Service of Plaintiffs' Responses and Objections to Defendants' Third Interrogatories by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC (Uebler, Thomas)
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Filing 139
ANSWERING BRIEF in Opposition re #130 MOTION to Strike Demand for Jury Trial filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.Reply Brief due date per Local Rules is 8/23/2021. (Uebler, Thomas)
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Filing 138
NOTICE of Subpoena upon Arena Investors, L.P. and Elliott Management Corporation by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC (Attachments: #1 Exhibit 1 and 2)(Newell, Ryan)
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Filing 137
ORDER, the settlement conference scheduled on August 19, 2021 is canceled. Signed by Judge Marilyn Heffley on 08/12/2021. (smg)
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Filing 136
NOTICE OF SERVICE of 1) a subpoena to testify at a deposition and produce documents with proof of service, attached as Exhibit 1, was served upon PAAMCO Prisma, LLC, and 2) a subpoena to testify at a deposition and produce documents with proof of service, attached as Exhibit 2, was served upon Hill Country Hospitality LLC filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Newell, Ryan)
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Filing 135
NOTICE of Subpoenas directed to PAAMCO Prisma, LLC and Hill Country Hospitality LLC by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Newell, Ryan)
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Filing 134
NOTICE of Subpoenas directed to Clay DeGiacinto and Anthony Lembke by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC (Attachments: #1 Exhibit 1 and 2)(Newell, Ryan)
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Filing 133
NOTICE OF SERVICE of Subpoena Ad Testificandum and Duces Tecum directed to Atalaya Capital Management LP re #126 Notice (Other) filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Exhibit 1)(Anthony, David)
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Filing 132
ORDER appointing Special Master: Honorable Sue L. Robinson appointed. On or before August 4, 2021, Defendants' counsel shall email Judge Robinson and all counsel seeking her guidance on the next steps in resolving the pending discovery cross-motions (ECF Doc. Nos. #119 , #120 ) (See Order for details). Signed by Judge Mark A. Kearney on 8/3/2021. (myr)
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Filing 131
OPENING BRIEF in Support re #130 MOTION to Strike Demand for Jury Trial filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC.Answering Brief/Response due date per Local Rules is 8/16/2021. (Attachments: #1 Exhibit A - C)(Newell, Ryan)
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Filing 130
MOTION to Strike Demand for Jury Trial - filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Text of Proposed Order)(Newell, Ryan)
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Filing 129
NOTICE of Joint Memorandum Regarding Appointment of Special Discovery Master by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC re #124 Order on Motion for Leave to File,, (Newell, Ryan)
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Filing 128
[SEALED] EXHIBIT re #124 Order on Motion for Leave to File,, #120 MOTION to Compel [Exhibit 17 to Defendants' Motion to Compel by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Newell, Ryan)
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Filing 127
NOTICE of supplemental filing of Exhibits 3 - 6, 8 - 9 & 16 by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC re #119 MOTION to Compel , #124 Order on Motion for Leave to File,, (Attachments: #1 Exhibit, #2 Exhibit)(Newell, Ryan)
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Filing 126
NOTICE of Subpoena Ad Testificandum and Duces Tecum directed to Atalaya Capital Management LP by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC re #2 Complaint, (McDermott, Michael)
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Filing 125
NOTICE of Appearance by Michael William McDermott on behalf of Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC (McDermott, Michael)
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Filing 124
ORDER granting in part and denying in part #118 Motion for Leave to File Identified Exhibits Under Seal. On or before July 29, 2021, Defendants shall file proffered exhibits 3, 4, 5, 6, 8, 9 and 16 under a Notice of supplemental filing and proffered exhibit 17 under seal. Absent the parties resolving all issues in the pending cross motions to compel, Defendant shall file a jointly prepared memorandum not exceeding five pages no later than 3:00 PM on August 2, 2021 addressing our immediate appointment of a special discovery master. See Order for further details. Signed by Judge Mark A. Kearney on 7/28/2021. (kmd)
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Filing 123
NOTICE OF SERVICE of Subpoena directed to Star Mountain Capital, LLC, Adam Trusley and Jeff Parkinson re #117 Notice (Other) filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Newell, Ryan)
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Filing 122
MEMORANDUM in Opposition re #120 MOTION to Compel filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.Reply Brief due date per Local Rules is 8/2/2021. (Attachments: #1 Exhibit Exhibits 1-3 to Memorandum in Opposition of Motion to Compel)(Lenahan, Hayley)
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Filing 121
RESPONSE to Motion re #119 MOTION to Compel filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Text of Proposed Order)(Newell, Ryan)
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Filing 120
MOTION to Compel - filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Compliance [D.Del. LR 7.1.1 and E.D. Pa. Local Rule 26.1(f) Certification, #3 Exhibit 1 - 17)(Newell, Ryan)
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Filing 119
MOTION to Compel - filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Compliance, #3 Exhibit A)(Uebler, Thomas)
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Filing 118
MOTION for Leave to File Plaintiffs Amended Response to Interrogatory Number 2, Plaintiffs responses and objections to requests for production, and related correspondence as under seal exhibits to forthcoming Motion to Compel - filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Compliance [D. Del. LR 7.1.1 and E.D. Pa. Local Rule 26.1(f) Certification])(Newell, Ryan)
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Filing 117
NOTICE of Subpoenas to Star Mountain Capital, Adam Trusley, and Jeff Parkinson by Steel Capital Management, LLC (Newell, Ryan)
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Filing 116
NOTICE OF SERVICE of Defendants Third Set of Interrogatories to Plaintiffs filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC.(Newell, Ryan)
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Filing 115
NOTICE OF SERVICE of Plaintiffs Amended Response to Defendants Second Interrogatory filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.(Uebler, Thomas)
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Pro Hac Vice Attorney Warren Li for Feenix Payment Systems, LLC, and for Feenix Venture Partners, LLC 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. (twk)
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Pro Hac Vice Attorney Edward J. Normand for Feenix Payment Systems, LLC, and for Feenix Venture Partners, LLC 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. (twk)
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Filing 114
ANSWER to Amended Complaint, re: #101 Amended Complaint [Second Amended Answer], COUNTERCLAIM against Feenix Payment Systems, LLC, Feenix Venture Partners, LLC by Michael Hoffman, Steel Capital Management, LLC, Marc Sehgal, Steel Payments, LLC. (Attachments: #1 Exhibit Redline to Defendants' Second Amended Answer and Counterclaims)(Newell, Ryan)
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Filing 113
Official Transcript of Evidentiary Videoconference held on 6/22/2021 before Judge Mark A. Kearney. Court Reporter/Transcriber Carl Hauger, Ubiqus Reporting, Inc., Email: [email protected]. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 7/30/2021. Redacted Transcript Deadline set for 8/9/2021. Release of Transcript Restriction set for 10/7/2021. (kmd)
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Filing 112
ORDER, Defendants' Motion to compel (ECF Doc. No. #103 ) is GRANTED in part requiring: Plaintiffs shall, on or before July 13, 2021, supplement their response to interrogatory No. 2 (ECF Doc. No. #103 -2 pp 6-9) Defendants shall immediately review this produced information and fulsomely respond to outstanding discovery requests upon them including identifying and producing its internal communications and documents no later than the due date of their responses under Rules 33 or 34 or July 16, 2021. Signed by Judge Mark A. Kearney on 07/09/2021. (smg)
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Filing 111
REDACTED VERSION of #103 MOTION to Compel [Exhibit A to Defendants' Motion to Compel] by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Newell, Ryan)
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Filing 110
ORDER, Plaintiffs Motion to seal (ECF Doc. No. #106 ) is GRANTED in part: 1. The Clerk of Court shall forthwith place Exhibit A (ECF Doc. No. #103 -2) under seal; and, 2. Defendants shall file a Notice of a redacted Exhibit A no later than July 8, 2021, redacting the first challenged reference at Exhibit A (ECF Doc. No. #103 -2) at the top of page seven from "the investment...revenue." Signed by Judge Mark A. Kearney on 07/07/2021. (smg)
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Filing 109
NOTICE OF SERVICE of Plaintiffs' Responses and Objections to Defendants' Second Set of Interrogatories filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.(Uebler, Thomas)
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Filing 108
RESPONSE to Motion re #106 MOTION to Seal Document: #103 MOTION to Compel Exhibit A filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Text of Proposed Order [Proposed] Order Denying Plaintiffs' Motion to Seal])(Newell, Ryan)
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Filing 107
ANSWERING BRIEF in Opposition re #103 MOTION to Compel filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.Reply Brief due date per Local Rules is 7/13/2021. (Uebler, Thomas)
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Filing 106
MOTION to Seal Document: #103 MOTION to Compel Exhibit A - filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Compliance with Local Rule 7.1.1)(Lenahan, Hayley)
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Filing 105
ORDER: upon reviewing the parties private agreement concerning resolving their advancement understandings (ECF Doc. No. #104 ) but seeking the Courts approval of this private agreement, it is ORDERED we do NOT APPROVE private stipulations which do not affect our trial schedule but will enforce private agreements within our limited subject matter jurisdiction. Signed by Judge Mark A. Kearney on 07/02/2021. (smg)
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Filing 104
STIPULATION Stipulation and Proposed Advancement Order by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Newell, Ryan)
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Filing 103
MOTION to Compel - filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Certificate of Compliance Local Rule 7.1.1 Certification, #4 Exhibit B-C)(Newell, Ryan) (Attachment 2 replaced on 7/7/2021) (smg). (Additional attachment(s) added on 7/7/2021: #4 Exhibit B-C) (smg).
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Filing 102
REDACTED VERSION of #34 Answering Brief in Opposition, Revised by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas)
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Filing 101
Second AMENDED COMPLAINT against Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC- filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Attachments: #1 Exhibit)(Uebler, Thomas)
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Filing 100
ORDER: Plaintiffs shall file a second amended Complaint without the redactions in paragraphs forty and forty-nine no later than June 28, 2021 with Defendants filing an Answer to the second amended Complaint no later than July 12, 2021. On or before June 30, 2021, Plaintiffs shall file a revised Brief in Opposition to Defendants Motion to unseal (ECF Doc. No. #36 ). See Order for further details. Signed by Judge Mark A. Kearney on 6/24/2021. (kmd)
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Filing 99
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Mark A. Kearney on 6/24/2021. (kmd)
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Filing 98
ORDER, a SETTLEMENT CONFERENCE in the above-captioned case will be held on August 19, 2021 at 2:00 P.M., before the Honorable Marilyn Heffley United States Magistrate Judge, U.S. Courthouse, 601 Market Street, Courtroom 3-C, Philadelphia, PA 19106. Signed by Judge Marilyn Heffley on 06/22/2021. (smg)
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Minute Entry for proceedings held before Judge Mark A. Kearney - Evidentiary Videoconference held on 6/22/2021. (Total Time:3 hours) (Court Reporter N/A.) (myr)
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Filing 97
Amended DECLARATION re #95 Declaration, Corrected Declaration of Ryan P. Newell in Support of Defendants Pre-Hearing Statement Pursuant to 28 USC 1746 by Steel Capital Management, LLC. (Newell, Ryan)
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Filing 96
NOTICE of Substitution of Corrected Document by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC re #91 Scheduling Order,,, (Uebler, Thomas)
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Filing 95
DECLARATION re #94 Statement [DECLARATION OF RYAN P. NEWELL IN SUPPORT OF DEFENDANTS' PRE-HEARING STATEMENT PURSUANT TO 28 USC 1746] by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Newell, Ryan)
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Filing 94
STATEMENT re #91 Scheduling Order,,, [DEFENDANTS' PRE-HEARING STATEMENT] by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Appendix A)(Newell, Ryan)
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Filing 93
NOTICE of Access Information to June 22, 2021 Hearing by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC (Uebler, Thomas)
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Filing 92
STATEMENT for June 22, 2021 Hearing by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas)
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Filing 91
SCHEDULING ORDER: Fact Discovery completed by 11/12/2021. Opening Expert Reports due by 10/25/2021. Rebuttal Expert Reports due by 11/9/2021. Dispositive Motions due by 11/18/2021. Motions in Limine due by 12/28/2021. Responses to Motions in Limine due by 1/5/2022. A Final Pretrial Conference will be held telephonically on 1/7/2022 at 08:45 AM before Judge Mark A. Kearney. Counsel for Plaintiff shall initiate this call and timely call Chambers at 267-299-7680 when all counsel are on the line. A 4-day Jury Trial is set for 1/10/2022 at 09:00 AM before Judge Mark A. Kearney. The January 19, 2021 referral to Chief Magistrate Judge Thynge is VACATED. This matter is now referred to Magistrate Judge Heffley for all settlement purposes. (See Order for further details). Signed by Judge Mark A. Kearney on 6/11/2021. (nmg)
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Minute Entry for proceedings held before Judge Mark A. Kearney - A telephonic Pretrial Conference held on 6/11/2021. (nmg)
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Filing 90
MEMORANDUM in Support re #34 Answering Brief in Opposition, Pursuant to ECF Doc. No. 86 filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.Answering Brief/Response due date per Local Rules is 6/24/2021. (Attachments: #1 Exhibit Exhibit A)(Uebler, Thomas) (Attachment 1 replaced on 6/16/2021 per request of counsel) (nmg).
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Filing 89
Joint STATUS REPORT by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas)
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Filing 88
Amended OPENING BRIEF in Support of Motion to Unseal, pursuant to ECF Doc. No. 86 filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.Answering Brief/Response due date per Local Rules is 6/23/2021. (Uebler, Thomas)
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Filing 87
Amended MEMORANDUM in Support re #68 MEMORANDUM in Support, Pursuant to ECF Doc. No. 86 filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.Answering Brief/Response due date per Local Rules is 6/23/2021. (Uebler, Thomas)
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Filing 86
ORDER The Clerk of Court shall forthwith lift the seal on ECF Doc. Nos. #35 , #40 , #41 , #42 , and #69 . Plaintiffs counsel shall file amended versions of ECF Doc. Nos. #15 and #68 in accord with our May 28, 2021 Order (ECF Doc. No. #81 ) relating to specific terms in paragraphs forty and forty-nine of the Complaint (ECF Doc. No. #2 ) no later than June 9, 2021 and subject to further Order after a possible evidentiary hearing; and, Plaintiffs shall file Memoranda showing cause as to why we should not lift the seal in whole or in part on ECF Doc. No. #34 no later than Noon EST on June 10, 2021 consistent with our May 28, 2021 Order (ECF Doc. No. #81 ). Signed by Judge Mark A. Kearney on 06/07/2021. (sam)
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Filing 85
NOTICE OF SERVICE of Defendants Second Set of Interrogatories to Plaintiffs filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC.(Newell, Ryan)
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Filing 84
Joint STIPULATION Regarding Filings Under Seal and [Proposed] Order by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas)
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ORAL ORDER re #82 Pretrial Order: IT IS ORDERED THAT pursuant to the Order at D.I. 82, the Virtual/Video Mediation Conference scheduled for 6/11/2021 is cancelled. Ordered by Judge Mary Pat Thynge on 6/3/2021. (Taylor, Daniel)
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Filing 83
AMENDED COMPLAINT against Feenix Payment Systems, LLC, Feenix Venture Partners, LLC- filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.(Uebler, Thomas)
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Filing 82
ORDER: We will hold a pretrial conference over telephone on June 11, 2021 at 10:15 A.M.: (Dial-in Number: 888-278-0296; Access Code: 5723096#) before Judge Mark A. Kearney. Plaintiffs counsel shall complete and file with the Clerk a status report including a fulsome stipulation of undisputed facts; disclosing insurance coverage; and, addressing the need for a F.R.E. 502 Order to be filed no later than Wednesday, June 9, 2021. (*See Order for further details). Signed by Judge Mark A. Kearney on 5/28/21. (mal)
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Filing 81
ORDER: Defendants' Motion to unseal (ECF Doc. No. #14 ) is GRANTED in part and DENIED in part requiring Plaintiffs file an amended Complaint no later than June 2, 2021. Defendants shall file a response within fourteen days of Plaintiffs filing the amended Complaint. An evidentiary hearing on the continued preclusion of public access to the matters referenced in Paragraphs 40 and 49 will be held during our June 11, 2021 status and trial scheduling conference.The parties shall forthwith confer in good faith to review the several filings under seal relating to this issue and attempt to reach agreement on lifting the seal consistent with this Order. Absent a stipulation filed by June 4, 2021, Plaintiff shall show cause in a memorandum not exceeding fifteen pages filed no later than June 9, 2021 as to why we should not lift the seal on these identified sealed documents consistent with this Order and mindful we continue to review the parties' sealing of briefing on the Defendants' Motion for Judgment on the Pleadings. Signed by Judge Mark A. Kearney on 5/28/2021. (kmd)
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Filing 80
MEMORANDUM. Signed by Judge Mark A. Kearney on 5/28/2021. (kmd)
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Filing 79
ORDER - Defendants' Motion for judgment on the pleadings (ECF Doc. No. #59 ) is GRANTED in part to dismiss the breach of fiduciary duty claim withoutprejudice. DENIED as to the remaining claims. Signed by Judge Mark A. Kearney on 5/27/2021. (amf)
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Filing 78
REDACTED VERSION of #72 Memorandum in Opposition, by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas)
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Filing 77
REPLY BRIEF re #59 MOTION for Judgment on the Pleadings filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Newell, Ryan)
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Filing 76
NOTICE of Defendants' Memorandum Regarding Under Seal Memoranda on Defendants' Motion for Judgment on the Pleadings by Steel Capital Management, LLC re #68 MEMORANDUM in Support, (Newell, Ryan)
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Filing 75
RESPONSE to Order re #73 Order,, filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Attachments: #1 Exhibit)(Uebler, Thomas)
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Filing 74
ANSWER to #58 Answer to Complaint,, Counterclaim, by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.(Uebler, Thomas)
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Filing 73
ORDER: The parties shall comply with our Policies requiring an Order authorizing them to file anything under seal after an in camera review consistent with In re: Avandia Mktg., Sales Practices and Products Liab. Litig. 924 F.3d 662, 671-73 (3d Cir. 2019); and each party shall show cause in a Memorandum not exceeding ten pages, filed on or before May 21, 2021, as to why Memoranda on the Defendants' Motion for judgment on the pleadings (ECF Doc. Nos. #60 , #72 ) should remain under seal. (See Order for further details.) Signed by Judge Mark A. Kearney on 5/18/2021. (kmd)
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Filing 72
[SEALED] MEMORANDUM in Opposition re #60 Opening Brief in Support, #59 MOTION for Judgment on the Pleadings filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.Reply Brief due date per Local Rules is 5/24/2021. (Uebler, Thomas)
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Filing 71
ORDER - The Stipulation (ECF Doc. No. #70 ) is NOT APPROVED as stated but given the last minute untimely request, the Court grants Plaintiffs leave to respond to the counterclaims no later than May 19, 2021. Signed by Judge Mark A. Kearney on 5/17/2021. (amf)
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Filing 70
STIPULATION TO EXTEND TIME Reply to Counterclaims to 5/21/2021 - filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas)
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Filing 69
[SEALED] DECLARATION re #68 MEMORANDUM in Support, [Declaration of Ryan P. Newell] by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Exhibit 1 - 16)(Newell, Ryan)
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Filing 68
[SEALED] MEMORANDUM in Support re #14 MOTION to Unseal Complaint filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC.Answering Brief/Response due date per Local Rules is 5/28/2021. (Newell, Ryan)
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Filing 67
MEMORANDUM in Opposition re #14 MOTION to Unseal Complaint filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.Reply Brief due date per Local Rules is 5/21/2021. (Attachments: #1 Exhibit)(Uebler, Thomas)
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Filing 66
ORDER - Each party shall file a Memorandum under seal not exceeding ten pages, on or before May 14, 2021, identifying the reasons whether, as to each paragraph, the redacted information is a trade secret, publicly disclosed, or how disclosure creates particularized harm. Signed by Judge Mark A. Kearney on 5/11/2021. (amf)
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Filing 65
ORDER, the parties' proposed amendment (ECF Doc. No. #64 ) is GRANTED in part and Plaintiffs may oppose the pending Motion for judgment on the pleadings (ECF Doc. No. #59 ) compliant with our Policies no later than May 17, 2021 and Defendants are granted leave to file a reply until May 24, 2021 mindful, under our Policies, we may decide the pending Motion (ECF Doc. No. 59) without needing a reply. (See Order for further details) Signed by Judge Mark A. Kearney on 5/6/2021. (myr)
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Filing 64
STIPULATION And Proposed Scheduling Order re #60 Opening Brief in Support, #59 MOTION for Judgment on the Pleadings by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas)
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Filing 63
REDACTED VERSION of #60 Opening Brief in Support, by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Newell, Ryan)
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Filing 62
ORDER: DESIGNATION OF DISTRICT JUDGE FOR SERVICE IN ANOTHER DISTRICT WITHIN THE CIRCUIT, designating and assigning the Honorable Mark A. Kearney of the United States District Court for the Eastern District of Pennsylvania. Signed by Judge D. Brooks Smith on 5/5/2021. (rjb)
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Case Reassigned to Judge Mark A. Kearney of the United States District Court for the Eastern District of Pennsylvania. Please include the initials of the Judge (MAK) after the case number on all documents filed. (rjb)
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Filing 61
DECLARATION of Ryan P. Newell re #60 Opening Brief in Support, by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Newell, Ryan) Modified on 4/28/2021 (nms).
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Filing 60
[SEALED] OPENING BRIEF in Support re #59 MOTION for Judgment on the Pleadings filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC.Answering Brief/Response due date per Local Rules is 5/12/2021. (Newell, Ryan)
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Filing 59
MOTION for Judgment on the Pleadings - filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Text of Proposed Order)(Newell, Ryan)
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Filing 58
Amended ANSWER to #2 Complaint, and COUNTERCLAIM against Feenix Payment Systems, LLC, Feenix Venture Partners, LLC by Michael Hoffman, Steel Payments, LLC, Steel Capital Management, LLC, Marc Sehgal. (Attachments: #1 Exhibits A-C)(Newell, Ryan) Modified on 4/26/2021 (nms).
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Filing 57
STIPULATION Regarding Consent for Defendants to File Amended Answer and Counterclaims, by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Newell, Ryan) Modified on 4/23/2021 (nms).
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Filing 56
NOTICE of Service for Plaintiffs Responses and Objections to Defendants First Set of Requests for Production of Documents and Plaintiffs Responses and Objections to Defendants First Set of Interrogatories, filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas) Modified on 4/13/2021 (nms).
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Filing 55
Letter to The Honorable Richard G. Andrews, from Ryan P. Newell, regarding Defendants intention to promptly move for judgment on the pleadings and request oral argument on that motion. (Newell, Ryan) Modified on 4/7/2021 (nms).
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Pro Hac Vice Attorney Samuel Yergin for Michael Hoffman, for Marc Sehgal,for Steel Capital Management, LLC, for Steel Payments, LLC 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. (myr)
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Pro Hac Vice Attorney Ryan M. Philp for Michael Hoffman, for Marc Sehgal,for Steel Capital Management, LLC, for Steel Payments, LLC 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. (myr)
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Filing 54
MOTION for Pro Hac Vice Appearance of Attorney Ryan M. Philp and Samuel Yergin - filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Newell, Ryan)
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Filing 53
ORDER Setting Mediation Conferences: A Mediation Conference is set for 6/11/2021 at 10:00 AM before Judge Mary Pat Thynge. See Order for details. Signed by Judge Mary Pat Thynge on 3/26/2021. (Taylor, Daniel)
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Filing 52
NOTICE OF SUBSTITUTION OF COUNSEL re All Defendants : Entry of appearance of attorney Ryan Patrick Newell. Attorney Sidney S. Liebesman, Courtney A. Emerson, Jacob S. Frenkel (pro hac), David R. Deromedi (pro hac), Brooks T. Westergard (pro hac) terminated. (Newell, Ryan)
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SO ORDERED, re #54 MOTION for Pro Hac Vice Appearance of Attorney Ryan M. Philp and Samuel Yergin, filed by Steel Capital Management, LLC, Steel Payments, LLC, Marc Sehgal, Michael Hoffman. Signed by Judge Richard G. Andrews on 3/26/2021. (nms)
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Filing 51
NOTICE OF SERVICE of Defendants Responses and Objections to Plaintiffs First Set of Requests for Production of Documents re #39 Notice of Service filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC.(Liebesman, Sidney)
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Filing 50
NOTICE of Service of Defendants' Frist Set of Interrogatories to Plaintiffs and First Request for Production of Documents to Plaintiffs by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC (Liebesman, Sidney)
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Filing 49
AMENDED Affidavit of Keith Lee, filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Lenahan, Hayley) Modified on 3/9/2021 (nms).
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Filing 48
Letter to Judge Andrews from Thomas A. Uebler regarding Amended Affidavit. (Lenahan, Hayley)
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Filing 47
REDACTED VERSION of #42 Affidavit of Marc Sehgal, by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Liebesman, Sidney) Modified on 3/9/2021 (nms).
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Filing 46
REDACTED VERSION of #41 Affidavit of Michael Hoffman, by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Liebesman, Sidney) Modified on 3/9/2021 (nms).
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Filing 45
REDACTED VERSION of #40 Reply Brief, by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Liebesman, Sidney) Modified on 3/9/2021 (nms).
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REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #40 . (nms)
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Pro Hac Vice Attorney Daniel D. Quick for Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC 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. (kmd)
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Filing 44
Letter to The Honorable Richard G. Andrews, from Sidney S. Liebesman, regarding a request for oral argument. (Liebesman, Sidney) Modified on 3/1/2021 (nms).
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Filing 43
MOTION for Pro Hac Vice Appearance of Attorney Daniel D. Quick - filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Liebesman, Sidney)
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SO ORDERED, re #43 MOTION for Pro Hac Vice Appearance of Attorney Daniel D. Quick, filed by Steel Capital Management, LLC, Steel Payments, LLC, Marc Sehgal, Michael Hoffman. Signed by Judge Richard G. Andrews on 2/26/2021. (nms)
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Filing 42
[SEALED] AFFIDAVIT of Marc Sehgal re #40 Reply Brief filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Certificate of Service)(Liebesman, Sidney)
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Filing 41
[SEALED] AFFIDAVIT of Michael Hoffman re #40 Reply Brief filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Certificate of Service)(Liebesman, Sidney)
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CORRECTING ENTRY: The affidavits filed as attachments to the brief at D.I. #40 have been removed from that filing. Briefs and affidavits/declarations are to be filed independent of each other. Defendants are to refile the affidavits accordingly. (nms)
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Filing 40
[SEALED] REPLY BRIEF re #14 MOTION to Unseal Complaint, filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: (3) Certificate of Service)(Liebesman, Sidney) Modified on 2/24/2021 (nms).
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Filing 39
NOTICE OF SERVICE of Plaintiffs' First Set of Requests for Production to Defendants filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.(Lenahan, Hayley)
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Filing 38
ORDER Setting Teleconference: A Telephone Conference is set for 3/22/2021 at 9:00 AM Eastern Time with Judge Mary Pat Thynge to discuss ADR. Plaintiffs' counsel to initiate the call. Signed by Judge Mary Pat Thynge on 2/23/21. (cak)
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Filing 37
REDACTED VERSION of #35 Affidavit, by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Attachments: #1Exhibits A-D1)(Uebler, Thomas) Modified on 2/9/2021 (nms).
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Filing 36
REDACTED VERSION of #34 Answering Brief in Opposition, by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas)
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CORRECTING ENTRY: The redacted document filed at D.I. 37 has been rejected as the incorrect filing code was used. Counsel is to refile this document using the "Redacted Document" filing code which will allow a link to be created to the sealed filing it is in relation to. (nms)
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CORRECTING ENTRY: The redacted document filed at D.I. 36 has also been removed from the docket as it was filed using the incorrect filing code. (nms)
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Filing 35
[SEALED] AFFIDAVIT of Keith Lee re #34 Answering Brief in Opposition, filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Attachments: #1 Exhibits A-D2, #2 Certificate of Service)(Uebler, Thomas) Modified on 2/3/2021 (nms).
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CORRECTING ENTRY: The affidavit and its exhibits filed as attachments to D.I. #34 have been removed from that entry. Briefs, affidavits, and declarations are to be filed independent of each other. Plaintiffs are to refile the affidavit accordingly. (nms)
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Filing 34
[SEALED] ANSWERING BRIEF in Opposition re #14 MOTION to Unseal Complaint, filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.Reply Brief due date per Local Rules is 2/9/2021. (Attachments: #3 Certificate of Service)(Uebler, Thomas) Modified on 2/3/2021 (nms).
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Filing 33
SO ORDERED Granting #31 Stipulation and Proposed Protective Order. Signed by Judge Richard G. Andrews on 2/2/2021. (nms)
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Filing 32
NOTICE OF SERVICE of Plaintiffs Response to Defendants First Set of Requests for Admission filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.(Uebler, Thomas)
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Filing 31
PROPOSED Protective Order, by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas) Modified on 1/30/2021 (nms).
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Filing 30
Letter to The Honorable Richard G. Andrews, from Thomas A. Uebler, regarding jury trial demand. (Uebler, Thomas) Modified on 1/29/2021 (nms).
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Filing 29
NOTICE of Service of Rule 26(a)(1) Initial Disclosures of Defendants by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC (Liebesman, Sidney)
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Filing 28
NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures of Plaintiffs Feenix Payment Systems, LLC v. Steel Capital Management, LLC filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC.(Uebler, Thomas)
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Filing 27
ORAL ORDER: Plaintiffs have demanded a jury trial. The parties are requested to comment on whether the right to a jury trial has been waived. Ordered by Judge Richard G. Andrews on 1/19/2021. (nms)
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Filing 26
ORAL ORDER: The Rule 16(b) Conference set for 1/19/2021, is CANCELED. Ordered by Judge Richard G. Andrews on 1/19/2021. (nms)
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Filing 25
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 2/17/2021. Amended Pleadings due by 2/17/2021. Fact Discovery completed by 6/9/2021. Dispositive Motions due by 11/13/2021. A Pretrial Conference is set for 3/11/2022, at 9:00 AM in Courtroom 6A. A 3 day Jury Trial is set to start 3/28/2022, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 1/19/2021. (nms)
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CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak)
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Filing 24
PROPOSED Scheduling Order, by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas) Modified on 1/15/2021 (nms).
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Filing 23
MOTION for Pro Hac Vice Appearance of Attorney Warren Li - filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas)
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SO ORDERED, re #23 MOTION for Pro Hac Vice Appearance of Attorney Warren Li, filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. Signed by Judge Richard G. Andrews on 1/13/2021. (nms)
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Filing 22
Letter to The Honorable Richard G. Andrews from Thomas A. Uebler regarding telephonic hearing. (Uebler, Thomas)
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Filing 21
Order Setting Rule 16(b) Telephonic Conference: A Scheduling Conference is set for 1/19/2021, at 3:00 PM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 1/12/2021. (nms)
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Filing 20
STIPULATION and Proposed Order Governing Briefing on Defendants' Motion to Unseal Plaintiffs' Complaint in its Entirety by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Liebesman, Sidney)
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SO ORDERED, re #20 Stipulation and Proposed order Governing Briefing on Motion to Unseal Complaint (*Reset Briefing Schedule: re #14 MOTION to Unseal Complaint. Answering Brief due 2/2/2021, Reply Brief due 2/23/2021). Signed by Judge Richard G. Andrews on 1/6/2021. (nms)
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Filing 19
REDACTED VERSION of #15 Opening Brief in Support, by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Liebesman, Sidney)
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CORRECTING ENTRY: The redacted document filed at D.I. 19 has been removed from the docket as it was filed using the incorrect code. Counsel shall refile this redacted document using the "Redacted Document" filing code thereby allowing a link to be established to the sealed filing it relates to. (nms)
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Filing 18
ANSWER to #2 Complaint, by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Certificate of Service)(Liebesman, Sidney) Modified on 12/30/2020 (nms).
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CORRECTING ENTRY: D.I. #14 and D.I. #18 have been unsealed per counsel's request. (nms)
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CORRECTING ENTRY: D.I. 19 has been removed from the docket. The certificate of service filed at that entry was duplicative of the certificate already on file at D.I. #18 . (nms)
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Filing 17
CERTIFICATE OF SERVICE for MOTION to Unseal Complaint (D.I. #14 ) and Opening Brief in Support (D.I. #15 ), by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Liebesman, Sidney) Modified on 12/28/2020 (nms).
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Filing 16
7.1.1 STATEMENT re #14 MOTION to Unseal Complaint, by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Liebesman, Sidney) Modified on 12/28/2020 (nms).
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DEFICIENCY NOTICE by the Court issued as to D.I. #14 Sealed Motion to Unseal Document, and D.I. #15 Sealed Opening Brief in Support. Both filing were deficient with respect to Local Rule 5.2(b)(1). The Court did take note that a certificate of service was attached to D.I. #14 but the certificate was deficient in that service could not be made using the ECF notification system as the filing is under seal. (nms)
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LOCAL RULE 7.1.1 NOTICE: In accordance with Local Rule 7.1.1, except for civil cases involving pro se parties or motions brought by nonparties, every nondispositive motion shall be accompanied by an averment of counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion. Unless otherwise ordered, failure to so aver may result in dismissal of the motion. The records of this case do not reflect such an averment by counsel for DI # 14. Please file the averment using the event code STATEMENT, found under OTHER DOCUMENTS. (nms)
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CORRECTING ENTRY: The certificate of service filed at D.I. 17 has been removed from the docket as the filing was incompletely formatted. The document requires a case caption. Counsel is to refile accordingly. (nms)
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Filing 15
[SEALED] OPENING BRIEF in Support re #14 MOTION to Unseal the Complaint, filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC.Answering Brief/Response due date per Local Rules is 1/6/2021. (Attachments: #1 Exhibits A-D)(Liebesman, Sidney) Modified on 12/28/2020 (nms).
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Filing 14
MOTION to Unseal Complaint - filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Attachments: #1 Proposed Order)(Liebesman, Sidney) Modified on 12/28/2020 (nms). Modified on 12/30/2020 (nms).
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Filing 13
MOTION for Pro Hac Vice Appearance of Attorney Edward Normand - filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas)
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SO ORDERED, re #13 MOTION for Pro Hac Vice Appearance of Attorney Edward Normand, filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. Signed by Judge Richard G. Andrews on 12/17/2020. (nms)
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SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney David R. Deromedi, filed by Steel Capital Management, LLC, Steel Payments, LLC, Marc Sehgal, Michael Hoffman. Signed by Judge Richard G. Andrews on 12/16/2020. (nms)
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Filing 12
MOTION for Pro Hac Vice Appearance of Attorney David R. Deromedi - filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Liebesman, Sidney)
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Filing 11
MOTION for Pro Hac Vice Appearance of Attorney Brooks T. Westergard - filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Liebesman, Sidney)
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Filing 10
MOTION for Pro Hac Vice Appearance of Attorney Jacob S. Frenkel - filed by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Liebesman, Sidney)
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SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Brooks T. Westergard, filed by Steel Capital Management, LLC, Steel Payments, LLC, Marc Sehgal, Michael Hoffman. Signed by Judge Richard G. Andrews on 12/14/2020. (nms)
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SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney Jacob S. Frenkel, filed by Steel Capital Management, LLC, Steel Payments, LLC, Marc Sehgal, Michael Hoffman. Signed by Judge Richard G. Andrews on 12/14/2020. (nms)
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Filing 9
STIPULATION and Proposed Scheduling Order by Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (Liebesman, Sidney)
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SO ORDERED, re #9 Stipulation and Proposed Order (*Reset Answer Deadlines: Michael Hoffman answer due 12/31/2020; Marc Sehgal answer due 12/31/2020). Signed by Judge Richard G. Andrews on 12/8/2020. (nms)
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Filing 8
NOTICE of Appearance by Sidney S. Liebesman, Courtney Alyse Emerson on behalf of Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC, Steel Payments, LLC. (cna, )
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Filing 7
REDACTED VERSION of #2 Complaint, by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Uebler, Thomas)
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Filing 6
SUMMONS Returned Executed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. Steel Payments, LLC served on 11/16/2020, answer due 12/7/2020. (Uebler, Thomas)
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Filing 5
SUMMONS Returned Executed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. Steel Capital Management, LLC served on 11/16/2020, answer due 12/7/2020. (Uebler, Thomas)
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Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
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CORRECTING ENTRY: The summons returned executed at D.I. 5 and D.I. 6 have been removed from the docket as they were filed using the incorrect code. Counsel is to refile these executed summons using the "Summons Returned Executed" code thereby allowing answer deadlines to be set. (nms)
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Remark: Case submitted for routine judicial assignment. (nmg)
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Filing 4
ORDER granting #1 MOTION for leave to file Complaint under seal. Signed by Judge Leonard P. Stark on 11/12/2020. (nmg)
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Filing 3
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg)
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Filing 2
[SEALED] COMPLAINT filed with Jury Demand against Michael Hoffman, Marc Sehgal, Steel Capital Management, LLC and Steel Payments, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number ADEDC-3324328.) - filed by Feenix Payment Systems, LLC, Feenix Venture Partners, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(nmg)
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Filing 1
MOTION for leave to file Complaint under seal - filed by Feenix Payment Systems, LLC and Feenix Venture Partners, LLC. (Attachments: #1 Text of Proposed Order)(nmg)
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No Summons Issued. (nmg)
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