Diligent Enterprise Management, LLC v. AML Global Eclipse, LLC et al
| Diligent Enterprise Management, LLC |
| DWC Pine Investments I, Ltd., Alan Klapmeier, James Carroll, Steve Serfling, RJ Siegle, Mike Wyse and AML Global Eclipse, LLC |
| 1:2025cv00689 |
| June 4, 2025 |
| U.S. District Court for the District of Delaware |
| Colm F Connolly |
| Contract: Other |
| 28 U.S.C. § 1452 Removal of Claim in Civil Action Related to BK. Case |
| None |
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Filing 72
ORDER Transferring Case to the District of Delaware Bankruptcy Court. Signed by Judge Colm F. Connolly on 8/12/2025. (mws)
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| CASE CLOSED per the Order at D.I. #72 . (mws) |
| Filing 71 Joint STATEMENT Pursuant to Local Rule 81.2 by AML Global Eclipse LLC. (Caloway, Mary) |
| Filing 70 NOTICE of Appearance by Joseph Christensen on behalf of Diligent Enterprise Management, LLC (Christensen, Joseph) |
| Filing 69 NOTICE of Appearance by Jeremy Douglas Anderson on behalf of James Carroll, Alan Klapmeier, Steve Serfling, RJ Siegle, Mike Wyse (Anderson, Jeremy) |
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Filing 68
ORDER granting #67 Unopposed Motion to Extend Time, filed by AML Global Eclipse LLC. Reset Deadlines: Amended Pleadings due by 8/21/2025. Set Answer Deadlines: Answer due by 10/6/2025. Ordered by Judge Colm F. Connolly on 6/18/2025. (kmd)
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| Filing 67 MOTION for Extension of Time to Unopposed Motion to Extend Time - filed by AML Global Eclipse LLC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Jones, Laura Davis) |
| Filing 66 MOTION for Pro Hac Vice Appearance of Attorney Michael C. Keats - filed by AML Global Eclipse LLC. (Jones, Laura Davis) |
| Filing 65 Pro Hac Vice Fee - Credit Card Payment received for Michael C. Keats. ( Payment of $ 50, receipt number ADEDC-4711865).(Jones, Laura Davis) |
| Filing 64 NOTICE of Appearance by Laura Davis Jones on behalf of AML Global Eclipse LLC (Jones, Laura Davis) |
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SO ORDERED, re #66 MOTION for Pro Hac Vice Appearance of Attorney Michael C. Keats, filed by AML Global Eclipse LLC. Ordered by Judge Colm F. Connolly on 6/16/2025. (kmd)
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| Filing 63 STANDING ORDER REGARDING BRIEFING IN ALL CASES (mws) |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (alb) |
| Filing 62 Local Counsel Letter sent. Notice of Compliance deadline set for 7/7/2025. (mrr) |
| Filing 61 Record of case transferred in from District of New York Southern; Case Number in Other District: 1:24-cv-02228. Copy of Docket Sheet and original file |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Delaware.(tg) [Transferred from New York Southern on 6/4/2025.] |
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Filing 60
OPINION AND ORDER re: #44 MOTION to Remand . filed by Diligent Enterprise Management, LLC, #50 MOTION for Sanctions and Costs Against Plaintiff. filed by Mike Wyse, Alan Klapmeier, Steve Serfling, James Carroll, RJ Siegle, AML Global Eclipse, LLC, #47 CROSS MOTION to Transfer Case . filed by DWC Pine Investments I, Ltd., Mike Wyse, Alan Klapmeier, Steve Serfling, James Carroll, RJ Siegle, AML Global Eclipse, LLC. For the foregoing reasons, Diligent's motion to remand this action to state court is DENIED. Defendants' motion to transfer this action to the United States District Court for the District of Delaware is GRANTED. Moving Defendants' motion for costs pursuant to Rule 41(d) is GRANTED, but their motion for sanctions pursuant to Rule 11 is DENIED. The Clerk of Court is respectfully directed to transfer this case to the United States District Court for the District of Delaware and to terminate the open motions at Dkts. 44, 47, and 50. The Court retains limited jurisdiction to enforce the Rule 41(d) fee award. The parties are ordered to meet and confer in a good faith attempt to resolve the amount due to Moving Defendants as attorneys' fees and costs in connection with Diligent I. They must file a joint letter not later than Tuesday, June 24, 2025, stating whether they have reached a resolution. If the parties fail to reach a resolution, the Court will refer them to a Magistrate Judge for a hearing to determine the amount of attorneys' fees due to Moving Defendants. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/27/2025) (tg) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 6/4/2025.]
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| Filing 59 NOTICE OF CHANGE OF ADDRESS by Cassandra Lynn Porsch on behalf of Diligent Enterprise Management, LLC. New Address: Potomac Law Group PLLC, 1177 Avenue of the Americas, 5th Floor, New York, NY, United States 10036, 646-519-7477..(Porsch, Cassandra)[Transferred from New York Southern on 6/4/2025.] |
| Filing 58 REPLY MEMORANDUM OF LAW in Support re: #47 CROSS MOTION to Transfer Case . . Document filed by AML Global Eclipse, LLC, DWC Pine Investments I, Ltd., Alan Klapmeier, James Carroll, Steve Serfling, RJ Siegle, Mike Wyse..(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 57 DECLARATION of Michael C. Keats in Support re: #50 MOTION for Sanctions and Costs Against Plaintiff.. Document filed by AML Global Eclipse, LLC. (Attachments: #1 Exhibit B to Supplemental Declaration of Michael C. Keats - Transcript of April 10, 2024 Video Conference Before the Honorable J. Kate Stickles United States Bankruptcy Judge).(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 56 REPLY MEMORANDUM OF LAW in Support re: #50 MOTION for Sanctions and Costs Against Plaintiff. . Document filed by AML Global Eclipse, LLC..(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 55 REPLY MEMORANDUM OF LAW in Support re: #44 MOTION to Remand . Reply in Further Support of Motion to Remand and Opposition to Cross-Motion to Transfer. Document filed by Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 54 DECLARATION of Cassandra Porsch in Opposition re: #50 MOTION for Sanctions and Costs Against Plaintiff.. Document filed by Diligent Enterprise Management, LLC. (Attachments: #1 Exhibit A - Delvalle Memorandum Order).(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 53 MEMORANDUM OF LAW in Opposition re: #50 MOTION for Sanctions and Costs Against Plaintiff. . Document filed by Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 52 DECLARATION of Michael C. Keats in Support re: #50 MOTION for Sanctions and Costs Against Plaintiff.. Document filed by AML Global Eclipse, LLC, James Carroll, Alan Klapmeier, Steve Serfling, RJ Siegle, Mike Wyse. (Attachments: #1 Exhibit A Rule 11(c)(2) Safe Harbor Letter and Notice of Motion and Certificate of Service).(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 51 MEMORANDUM OF LAW in Support re: #50 MOTION for Sanctions and Costs Against Plaintiff. . Document filed by AML Global Eclipse, LLC, James Carroll, Alan Klapmeier, Steve Serfling, RJ Siegle, Mike Wyse..(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 50 MOTION for Sanctions and Costs Against Plaintiff. Document filed by AML Global Eclipse, LLC, James Carroll, Alan Klapmeier, Steve Serfling, RJ Siegle, Mike Wyse..(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 49 DECLARATION of Michael C. Keats in Opposition re: #44 MOTION to Remand ., #47 CROSS MOTION to Transfer Case .. Document filed by AML Global Eclipse, LLC, James Carroll, DWC Pine Investments I, Ltd., Alan Klapmeier, Steve Serfling, RJ Siegle, Mike Wyse. (Attachments: #1 Exhibit 1 ONE Aviation Debtors' Voluntary Petition for Bankruptcy, #2 Exhibit 2 ONE Aviation Debtors' Joint Prepackaged Chapter 11 Reorganization Plan, #3 Exhibit 3 ONE Aviation Debtors' First Sale Motion (to Citiking), #4 Exhibit 4 Notice of Withdrawal of First Sale Motion, #5 Exhibit 5 ONE Aviation Debtors' Amended Joint Prepackaged Chapter 11 Reorganization Plan, #6 Exhibit 6 Order Approving ONE Aviation Debtors' Amended Reorganization Plan, #7 Exhibit 7 Unsecured Creditors' Motion to Convert to Chapter 7, #8 Exhibit 8 ONE Aviation Debtors' Emergency Funding Motion, #9 Exhibit 9 ONE Aviation Debtors' Second Sale Motion (to SE Falcon), #10 Exhibit 10 Decl. of James Patrick Carroll ISO ONE Aviation Debtors' Emergency Funding Motion, #11 Exhibit 11 Order Approving ONE Aviation Debtors' Second Sale Motion, #12 Exhibit 12 Interim Order Approving ONE Aviation Debtors' Emergency Funding Motion, #13 Exhibit 13 Transcript of Sept. 3, 2020 Hearing in Bankruptcy Case (re: Emergency Funding Motion), #14 Exhibit 14 Transcript of Sept. 2, 2020 Evidentiary Hearing in Bankruptcy Case, #15 Exhibit 15 ONE Aviation Debtors' Third Sale Motion (to AML Global Eclipse), #16 Exhibit 16 Citiking Objection to Interim Order Approving ONE Aviation Debtors' Emergency Funding Motion and motion to vacate, #17 Exhibit 17 Citiking Objection to ONE Aviation Debtors' Third Sale Motion, #18 Exhibit 18 Transcript of Nov. 17, 2020 Hearing in Bankruptcy Case (re: Citiking Objection and Motion to Vacate), #19 Exhibit 19 Order Approving ONE Aviation Debtors' Third Sale Motion, #20 Exhibit 20 Transcript of Nov. 20, 2020 Hearing in Bankruptcy Case (re: ONE Aviation Debtors' Third Sale Motion), #21 Exhibit 21 Notice of Closing Sale (to AML Global Eclipse), #22 Exhibit 22 Order Converting ONE Aviation Debtors' Case to Chapter 7, #23 Exhibit 23 Citiking Objection to Claim of AML Global Eclipse, #24 Exhibit 24 AML Global Eclipse Response to Citiking Objection, #25 Exhibit 25 Chapter 7 Trustee Response to Citiking Objection, #26 Exhibit 26 Notice of Agenda for Sept. 17, 2021 Hearing in Bankruptcy Case (incl. Citiking Objection), #27 Exhibit 27 Order of Reassignment of Judge in Bankruptcy Case, #28 Exhibit 28 Citiking Objection to Distribution Settlement in Bankruptcy Case, #29 Exhibit 29 Notice of Appearance of Akerman Attorney for Citiking in Bankruptcy Case, #30 Exhibit 30 Transcript of June 23, 2023 Hearing in Bankruptcy Case (re: distribution), #31 Exhibit 31 Order Approving Distribution to Citiking, #32 Exhibit 32 AML Global Eclipse Notices to Bankruptcy Court Regarding Instant Case, #33 Exhibit 33 Citiking Notice of Appeal from Order Approving ONE Aviation Debtors' Third Sale Motion to Delaware District Court, #34 Exhibit 34 Citiking Emergency Stay Motion in Delaware District Court, #35 Exhibit 35 Delaware District Court Order Dismissing Citiking Appeal, #36 Exhibit 36 Citiking Notice of Appeal to Third Circuit, #37 Exhibit 37 Citiking Emergency Stay Motion in Third Circuit, #38 Exhibit 38 Third Circuit Order Denying Emergency Stay Motion, #39 Exhibit 39 Voluntary Dismissal Stipulation in Third Circuit Appeal, #40 Exhibit 40 New York State Case Summons, #41 Exhibit 41 New York State Case Complaint, #42 Exhibit 42 New York State Case Complaint Exhibit 3 (Intercreditor Agreement), #43 Exhibit 43 New York State Case Complaint Exhibit 6 (Continuing Obligations Agreement), #44 Exhibit 44 New York State Case Complaint Exhibit 9 (Letter Agreement), #45 Exhibit 45 Redline of February 24, 2024 and September 17, 2024 Memoranda of Law).(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 48 MEMORANDUM OF LAW in Opposition re: #44 MOTION to Remand ., #47 CROSS MOTION to Transfer Case . . Document filed by AML Global Eclipse, LLC, James Carroll, DWC Pine Investments I, Ltd., Alan Klapmeier, Steve Serfling, RJ Siegle, Mike Wyse..(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 47 CROSS MOTION to Transfer Case . Document filed by AML Global Eclipse, LLC, James Carroll, DWC Pine Investments I, Ltd., Alan Klapmeier, Steve Serfling, RJ Siegle, Mike Wyse..(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 46 DECLARATION of Cassandra Porsch in Support re: #44 MOTION to Remand .. Document filed by Diligent Enterprise Management, LLC. (Attachments: #1 Exhibit Credit and Security Agreement, #2 Exhibit Renewed Motion to Convert to Chapter 7, #3 Exhibit Statement of AML Regarding Filing of Notice of Removal, #4 Exhibit Order of Distribution, #5 Exhibit Judge Reassignment Order, #6 Exhibit Redline of Memorandum of Law).(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 45 MEMORANDUM OF LAW in Support re: #44 MOTION to Remand . . Document filed by Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 44 MOTION to Remand . Document filed by Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
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Filing 43
MEMO ENDORSEMENT on re: #42 Letter filed by Diligent Enterprise Management, LLC. ENDORSEMENT: Application DENIED. The Court will not interrupt briefing on the threshold cross-motions to remand and transfer to brief a motion for fees. The parties must brief them simultaneously. Because the parties have proposed unreasonable briefing schedules twice now, the Court orders that the following briefing schedule applies: By not later than September 6, 2024, Plaintiff must file its motion to remand. By not later than September 17, 2024, Defendants must file their motion for fees, cross-motion to transfer, and opposition to Plaintiff's motion to remand. By not later than October 17, 2024, Plaintiff must file its opposition to the motion for fees, opposition to the motion to transfer, and reply in further support of its motion to remand. By not later than November 1, 2024, Defendants must file their reply in further support of their motions to transfer and for fees. SO ORDERED. ( Cross Motions due by 9/17/2024., Motions due by 9/17/2024., Responses due by 10/17/2024, Replies due by 11/1/2024.) (Signed by Judge Valerie E. Caproni on 8/22/2024) (tg) [Transferred from New York Southern on 6/4/2025.]
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| Filing 42 LETTER addressed to Judge Valerie E. Caproni from Cassandra Porsch dated 8/22/24 re: Agreed Filing/Briefing Schedule. Document filed by Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 41 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 40 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 39 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 38 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 37 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 36 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 35 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 34 NOTICE OF APPEARANCE by Chelsea Cosillos on behalf of DWC Pine Investments I, Ltd...(Cosillos, Chelsea) [Transferred from New York Southern on 6/4/2025.] |
| Filing 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DWC Pine Investments I, Ltd...(Tishyevich, Dmitriy) [Transferred from New York Southern on 6/4/2025.] |
| Filing 32 NOTICE OF APPEARANCE by Dmitriy Tishyevich on behalf of DWC Pine Investments I, Ltd...(Tishyevich, Dmitriy) [Transferred from New York Southern on 6/4/2025.] |
| Filing 31 CERTIFICATE OF SERVICE of Memo Endorsed Letter Order served on Counsel for DWC Pine Investments I Ltd. on 8/1/24. Document filed by Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 30 ELECTRONIC SUMMONS ISSUED as to AML Global Eclipse, LLC, James Carroll, DWC Pine Investments I, Ltd., Alan Klapmeier, Steve Serfling, RJ Siegle, Mike Wyse. (vf) [Transferred from New York Southern on 6/4/2025.] |
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Filing 29
MEMO ENDORSEMENT on re: #28 Letter Response terminating #27 Letter Motion for Conference ; granting in part #27 Letter Motion for Extension of Time. ENDORSEMENT: Upon receipt of Plaintiff's July 26, 2024, Letter, Dkt. 27, and Defendants' response letter, the Court orders as follows: The Clerk of Court is respectfully directed to issue summons as to all Defendants in this action. Plaintiff's deadline to serve Defendants is extended nunc pro tunc to Tuesday, August 20, 2024. The parties must meet and confer regarding a briefing schedule for the motion to remand, cross-motion to transfer, and a motion for fees. By not later than Tuesday, August 27, 2024, the parties must file a joint letter regarding the results of the meet and confer and proposing a jointly-agreed upon schedule. The Court expects the parties to work together collegially and professionally. The Court admonishes the parties for filing two separate letters when Plaintiff was ordered to file a letter "proposing a jointly agreed upon briefing schedule." See Order, Dkt. 23. Failure to file one joint letter in compliance with this Order may result in sanctions. Defendants' deadline to answer the complaint is STAYED pending resolution of the threshold motions. By not later than Friday, August 2, 2024, Plaintiff must serve a copy of this Order on Defendant DWC Pine Investments I, Ltd., which has not yet entered an appearance, and file proof of service on the docket. SO ORDERED. ( Service due by 8/20/2024.). (Signed by Judge Valerie E. Caproni on 7/30/2024) (vfr) Transmission to Civil Case Openings Clerk for processing. [Transferred from New York Southern on 6/4/2025.]
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| Filing 28 LETTER RESPONSE to Motion addressed to Judge Valerie E. Caproni from Michael C. Keats dated July 29, 2024 re: #27 LETTER MOTION for Conference addressed to Judge Valerie E. Caproni from Cassandra Porsch dated July 26, 2024. LETTER MOTION for Extension of Time Seeking Court Issuance of Summonses and Briefing Schedule on Motion to Enlarge Time to Serve and Open Remand/Transfer Motions addressed to Judge Valerie E. Caproni from Cassandra Porsch dated July 26, 2024. . Document filed by AML Global Eclipse, LLC..(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 27 LETTER MOTION for Conference addressed to Judge Valerie E. Caproni from Cassandra Porsch dated July 26, 2024., LETTER MOTION for Extension of Time Seeking Court Issuance of Summonses and Briefing Schedule on Motion to Enlarge Time to Serve and Open Remand/Transfer Motions addressed to Judge Valerie E. Caproni from Cassandra Porsch dated July 26, 2024. Document filed by Diligent Enterprise Management, LLC. (Attachments: #1 Exhibit Proposed Summons to AML, #2 Exhibit Proposed Summons to DWC Pine, #3 Exhibit Proposed Summons to Carroll, #4 Exhibit Proposed Summons to Klapmeier, #5 Exhibit Proposed Summons to Serfling, #6 Exhibit Proposed Summons to Siegle, #7 Exhibit Proposed Summons to Wyse).(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
| Filing 26 NOTICE OF APPEARANCE by Cassandra Lynn Porsch on behalf of Diligent Enterprise Management, LLC..(Porsch, Cassandra) [Transferred from New York Southern on 6/4/2025.] |
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Filing 25
ORDER: IT IS HEREBY ORDERED that the Clerk of Court is respectfully directed to terminate Darryl Robert Graham and Akerman LLP as counsel for Plaintiff. SO ORDERED. Attorney Darryl Robert Graham terminated. (Signed by Judge Valerie E. Caproni on 6/26/2024) (tg) [Transferred from New York Southern on 6/4/2025.]
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| Filing 24 CERTIFICATE OF SERVICE of Order (ECF No. 23) served on Plaintiff DILIGENT ENTERPRISE MANAGEMENT, INC on June 25, 2024. Service was made by Electronic Mail. Document filed by Diligent Enterprise Management, LLC..(Graham, Darryl) [Transferred from New York Southern on 6/4/2025.] |
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Filing 23
ORDER granting #18 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Mr. Graham and Akerman LLP's motion to withdraw as counsel is GRANTED effective Wednesday, June 26, 2024. On that date, the Clerk of Court is respectfully directed to terminate Darryl Robert Graham and Akerman LLP as counsel for Plaintiff. IT IS FURTHER ORDERED that Mr. Graham and Akerman LLP may move for a charging lien until the amount to be recovered by Plaintiff, if any, has been finally determined. IT IS FURTHER ORDERED that the case is STAYED until July 19, 2024, to allow Plaintiff time to retain new counsel. IT IS FURTHER ORDERED that, if by Friday, July 19, 2024, no attorney has filed a notice of appearance on behalf of Plaintiff the Court will dismiss the case with prejudice. If an attorney has filed a notice of appearance by July 19, 2024, Plaintiff must, by July 26, 2024, either (i) dismiss the case with prejudice; or (ii) file a letter proposing a jointly-agreed upon briefing schedule to address the threshold service, jurisdiction, and venue issues.IT IS FURTHER ORDERED that by no later than Tuesday, June 25, 2024, Mr. Graham must serve a copy of this order on Plaintiff by email and post proof of doing so on the docket.SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/24/24) (yv) [Transferred from New York Southern on 6/4/2025.]
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| Filing 22 CERTIFICATE OF SERVICE of and by Notice of Service of Notice of Motion to Withdrawal as Counsel (ECF No. 18), Graham Decl. (ECF No. 19), [Proposed] Order granting the Motion to Withdrawal (ECF No. 20), and Letter (ECF No. 21) served on Plaintiff DILIGENT ENTERPRISE MANAGEMENT, INC on June 18, 2024. Service was made by Electronic Mail. Document filed by Diligent Enterprise Management, LLC..(Graham, Darryl) [Transferred from New York Southern on 6/4/2025.] |
| Filing 21 LETTER addressed to Judge Valerie E. Caproni from Erica Barrow dated June 17, 2024 re: Defendants' Request for Dismissal of the Action with Prejudice. Document filed by James Carroll, Alan Klapmeier, Steve Serfling, RJ Siegle, Mike Wyse..(Barrow, Erica) [Transferred from New York Southern on 6/4/2025.] |
| Filing 20 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Diligent Enterprise Management, LLC. Related Document Number: #18 ..(Graham, Darryl) [Transferred from New York Southern on 6/4/2025.] |
| Filing 19 DECLARATION of Darryl R. Graham, Esq. in Support re: #18 MOTION for Darryl R. Graham, Esq. to Withdraw as Attorney of Record for Plaintiff.. Document filed by Diligent Enterprise Management, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Graham, Darryl) [Transferred from New York Southern on 6/4/2025.] |
| Filing 18 MOTION for Darryl R. Graham, Esq. to Withdraw as Attorney of Record for Plaintiff. Document filed by Diligent Enterprise Management, LLC..(Graham, Darryl) [Transferred from New York Southern on 6/4/2025.] |
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Filing 17
ORDER: Plaintiff's request for a court order dismissing this case without prejudice is DENIED. Not later than Friday, June 14, 2024, Plaintiff must either (a) file a notice of voluntary dismissal with prejudice, or (b) file a letter proposing a jointly-agreed upon briefing schedule to address the threshold service, jurisdiction, and venue issues. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/4/2024) (mml) [Transferred from New York Southern on 6/4/2025.]
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| Filing 16 RESPONSE re: #15 Letter, (Letter Response in Opposition to Diligent's Letter Motion for Second Voluntary Dismissal Without Prejudice). Document filed by AML Global Eclipse, LLC..(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 15 LETTER addressed to Judge Valerie E. Caproni from Darryl R. Graham, Esq. dated May 8, 2024 re: Explanation of Legal Authority and Factual Basis for the Court to Deviate from the Two-Dismissal Rule. Document filed by Diligent Enterprise Management, LLC..(Graham, Darryl) [Transferred from New York Southern on 6/4/2025.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Darryl Robert Graham to RE-FILE Document No. #14 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Court's leave has not been granted. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) [Transferred from New York Southern on 6/4/2025.] |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to AML GLOBAL ECLIPSE, LLC; DWC PINE INVESTMENTS I, LTD.; ALAN KLAPMEIER; JAMES CARROLL; STEVE SERFLING; RJ SIEGLE; MIKE WYSE, re: Complaint. Document filed by Diligent Enterprise Management, LLC..(Graham, Darryl) Modified on 4/26/2024 (jgo). Modified on 7/31/2024 (vf). [Transferred from New York Southern on 6/4/2025.] |
| Filing 13 NOTICE OF APPEARANCE by Darryl Robert Graham on behalf of Diligent Enterprise Management, LLC..(Graham, Darryl) [Transferred from New York Southern on 6/4/2025.] |
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Filing 12
MEMO ENDORSEMENT on re: #11 Letter filed by Diligent Enterprise Management, LLC. ENDORSEMENT: Because Plaintiff has "previously dismissed [a] federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits." Fed. R. Civ. P. 41(a)(1)(B). Given Plaintiff's conduct in dismissing the earlier filed lawsuit and immediately filing an identical complaint in state court, the Court is not inclined to grant Plaintiff leave to file a second dismissal without prejudice. That said, by no later than Thursday, May 9, 2024, Plaintiff must file a letter, not to exceed three pages, explaining the legal authority and factual basis for the Court deviating from the two-dismissal rule. Defendants' response letter, also not to exceed three pages, is due by Thursday, May 23, 2024. Alternatively, Plaintiff can simply dismiss with prejudice. Defendants' deadlines to respond to the Complaint are STAYED. Plaintiff must file a notice of appearance by no later than Friday, April 25, 2024. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/25/2024) (tg) [Transferred from New York Southern on 6/4/2025.]
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| Filing 11 LETTER addressed to Judge Valerie E. Caproni from Darryl R. Graham, Esq. dated April 24, 2024 re: Status of Parties Meet and Confer and Setting Agreed Upon Briefing Schedule. Document filed by Diligent Enterprise Management, LLC..(Graham, Darryl)[Transferred from New York Southern on 6/4/2025.] |
| Filing 10 CERTIFICATE OF SERVICE of Order dated April 9, 2024 (ECF Doc.# 9) on April 9, 2024. Service was made by FedEx. Document filed by AML Global Eclipse, LLC..(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
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Filing 9
ORDER: IT IS HEREBY ORDERED that the parties must meet and confer regarding a proposed briefing schedule to address all threshold issues and file a letter via ECF containing that agreed upon schedule by no later than Wednesday, April 24, 2024. IT IS FURTHER ORDERED that Defendant AML Global must serve copies of this order on its co-defendants and Diligent and file proof of service by no later than Friday, April 12, 2024. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/9/2024) (vfr) [Transferred from New York Southern on 6/4/2025.]
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| Filing 8 CERTIFICATE OF SERVICE of Notice of Removal, civil cover sheet, related case statement, Rule 7.1 Statement, letter to Judge Denise L. Cote, SDNY ECF Rules & Instructions, Individual Practices in Civil Cases of the Honorable Valerie E. Caproni on March 28, 2024. Service was made by FedEx overnight delivery. Document filed by AML Global Eclipse, LLC..(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 7 NOTICE OF APPEARANCE by Daniel J. Buzzetta on behalf of James Carroll, Alan Klapmeier, Steve Serfling, RJ Siegle, Mike Wyse..(Buzzetta, Daniel) [Transferred from New York Southern on 6/4/2025.] |
| Filing 6 NOTICE OF APPEARANCE by Erica Adina Barrow on behalf of James Carroll, Alan Klapmeier, Steve Serfling, RJ Siegle, Mike Wyse..(Barrow, Erica) [Transferred from New York Southern on 6/4/2025.] |
| Filing 5 LETTER addressed to Judge Denise L. Cote from Michael C. Keats dated March 27, 2024 re: Request for transfer of case to Judge Caproni (assigned to prior-filed case - 23-cv-10942-VEC). Document filed by AML Global Eclipse, LLC. (Attachments: #1 Exhibit A - Plaintiff's March 21, 2024 letter, #2 Exhibit B - Jan. 19, 2024 Court-Ordered briefing schedule).(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Barbara C. Moses to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only..(tro) [Transferred from New York Southern on 6/4/2025.] |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Denise L. Cote is no longer assigned to the case..(tro) [Transferred from New York Southern on 6/4/2025.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) [Transferred from New York Southern on 6/4/2025.] |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AML Global Limited for AML Global Eclipse, LLC. Document filed by AML Global Eclipse, LLC..(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:23-cv-10924-VEC. Document filed by AML Global Eclipse, LLC..(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 2 CIVIL COVER SHEET filed..(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
| Filing 1 NOTICE OF REMOVAL from NY Supreme Court, County of New York. Case Number: 651374/2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-29128257).Document filed by AML Global Eclipse, LLC. (Attachments: #1 Exhibit A (Part 1 of 2) - NY Supreme Court filings prior to removal, #2 Exhibit A (Part 2 of 2) - NY Supreme Court filings prior to removal).(Keats, Michael) [Transferred from New York Southern on 6/4/2025.] |
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