FLEXFUNDS ETP, LLC v. MARKETP, LLC et al
| FLEXFUNDS ETP, LLC |
| MARKETP, LLC, MARKETP USA, LLC, GLOBAL SECURITIES MANAGEMENT, LLC, CERTUS FINANCE, INC., FLORENT RIGAUD and Bricks Real Estate Fund, Inc. |
| 1:2016cv24504 |
| October 27, 2016 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Marcia G Cooke |
| Edwin G Torres |
| Trademark |
| 28 U.S.C. § 2201 Injunction |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2018. A more recent docket listing may be available from PACER.
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Filing 161
ORDER granting Entry of Consent Judgment and dismissing actions. Signed by Judge Marcia G. Cooke on 4/26/2018. (tm)
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Filing 160
STIPULATION of Dismissal with Prejudice and Entry of Consent Judgment by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD (Attachments: #1 Text of Proposed Order)(Koenig, Eric)
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Filing 159
Order Administratively Closing Case Upon Notice of Settlement. Signed by Judge Marcia G. Cooke on 2/15/2018. (tm) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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Filing 158
ORDER denying as moot 48 Sealed Motion; denying as moot 71 Sealed Motion; denying as moot 73 Sealed Motion; denying as moot #131 Motion for Contempt; denying as moot #133 Motion to Continue; denying as moot #136 Motion to Bring Electronic Equipment into the courtroom; denying as moot #137 Motion for Extension of Time to Complete Discovery.The pending motions on the docket are Denied as moot upon notice #157 of the parties' settlement of the action.Docket Order Signed by Magistrate Judge Edwin G. Torres on 2/14/2018. (EGT)
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Filing 157
NOTICE of Settlement by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD (Koenig, Eric)
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Filing 156
NOTICE of Attorney Appearance by Andres Felipe Idarraga on behalf of FLEXFUNDS ETP, LLC. Attorney Andres Felipe Idarraga added to party FLEXFUNDS ETP, LLC(pty:pla). (Idarraga, Andres)
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Filing 155
REPLY to Response to Motion re #137 Plaintiff's MOTION for Extension of Time to Complete Discovery To Reopen and Limit Discovery for a Two-Month Period filed by FLEXFUNDS ETP, LLC. (Thornburg, Robert)
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Filing 154
REPLY to Response to Motion re #131 Plaintiff's MOTION for Contempt (to Show Cause as to Why Defendants Should Not be Held in Contempt for Violation of Magistrate Judge Torres' November 8, 2017 Discovery Order [D.E. 121]) filed by FLEXFUNDS ETP, LLC. (Thornburg, Robert)
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Filing 153
RESPONSE in Opposition re #137 Plaintiff's MOTION for Extension of Time to Complete Discovery To Reopen and Limit Discovery for a Two-Month Period filed by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Replies due by 2/5/2018. (Koenig, Eric)
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Filing 152
REPLY to Response to Motion re #133 Second MOTION to Continue Trial Period re 126 Order on Motion to Continue,, filed by FLEXFUNDS ETP, LLC. (Attachments: #1 Exhibit A)(Thornburg, Robert)
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Filing 151
ENDORSED ORDER REFERRING MOTION. Plaintiff's #133 Motion to Reopen and Limit Discovery for a Two-Month Period is referred to the Honorable Edwin G. Torres. Signed by Judge Marcia G. Cooke on 1/22/2018. (ase)
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Filing 150
RESPONSE to Motion re #131 Plaintiff's MOTION for Contempt (to Show Cause as to Why Defendants Should Not be Held in Contempt for Violation of Magistrate Judge Torres' November 8, 2017 Discovery Order [D.E. 121]) filed by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC. Replies due by 1/29/2018. (Attachments: #1 Exhibit A)(Koenig, Eric)
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Filing 149
JUDGMENT in favor of CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD against FLEXFUNDS ETP, LLC Signed by Judge Marcia G. Cooke on 1/19/2018. (tm)
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Filing 148
OMNIBUS ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT granting in part and denying in part 90 Sealed Motion. Until further notice from the Court ; granting in part and denying in part #92 Motion for Summary Judgment; denying #94 Motion for Summary Judgment. Signed by Judge Marcia G. Cooke on 1/19/2018. (tm)
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Filing 145
ENDORSED ORDER granting Plaintiff's 95 Motion to Seal Exhibits to Motion for Summary Judgment; granting Plaintiff's 104 Motion to Seal Exhibits to Response in Opposition; granting Plaintiff's #138 Motion to Seal Exhibit E to Plaintiff's Motion to Reopen and Limit Discovery. The documents shall be sealed until the earlier of: 1) the conclusion of this case, including any appeals; or 2) further Order of this Court. Signed by Judge Marcia G. Cooke on 1/18/2018. (ase)
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SYSTEM ENTRY - Docket Entry 146 [misc] restricted/sealed until further notice. (945301)
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Filing 147
PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Motion Hearing held on 1/17/2018. Total time in court: 45 minutes. Attorney Appearances: John Daniel Goldsmith, Eric S Koenig, Joshua B. Spector, Robert Houpt Thornburg. Court Reporter: Tammy Nestor, 954-769-5488 / Tammy_Nestor@flsd.uscourts.gov. (im)
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Filing 144
ENDORSED ORDER granting Defendants' #107 Motion to Seal Defendants' 108 Statement of Material Facts in Opposition and Defendants' 109 Response to Plaintiff's Motion for Summary Judgment until the earlier of: 1) the conclusion of this case, including any appeals; or 2) further Order of this Court. Signed by Judge Marcia G. Cooke on 1/17/2018. (ase)
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Filing 143
ENDORSED ORDER granting Defendants' #89 Motion to Seal Defendants' 90 Motion for Summary Judgment and accompanying 91 Statement of Material Facts and exhibits until the conclusion of this case, including any appeals, or further Order of this Court, whichever comes first. Signed by Judge Marcia G. Cooke on 1/17/2018. (ase)
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Filing 141
ORDER granting #139 Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Marcia G. Cooke on 1/17/2018. (tm)
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Filing 142
TRANSCRIPT of Motions Hearing held on 7/27/2017 before Magistrate Judge Edwin G. Torres, 1-268 pages, Court Reporter: Judy Wolff, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2018. Redacted Transcript Deadline set for 2/16/2018. Release of Transcript Restriction set for 4/16/2018. (Attachments: #1 Designation Access Form)(apz)
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Filing 140
RESPONSE in Opposition re #133 Second MOTION to Continue Trial Period re 126 Order on Motion to Continue,, filed by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Replies due by 1/23/2018. (Attachments: #1 Exhibit A)(Koenig, Eric)
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Filing 139
Defendant's MOTION to Bring Electronic Equipment into the courtroom by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Responses due by 1/30/2018 (Attachments: #1 Text of Proposed Order)(Koenig, Eric)
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Filing 138
Plaintiff's MOTION to Seal Ex. E to Plaintiff's Motion to Reopen and Limit Discovery for a Two-Month Period (D.E. 137) per Local Rule 5.4 by FLEXFUNDS ETP, LLC. (Attachments: #1 Text of Proposed Order) (Thornburg, Robert)
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Filing 137
Plaintiff's MOTION for Extension of Time to Complete Discovery To Reopen and Limit Discovery for a Two-Month Period by FLEXFUNDS ETP, LLC. Attorney Joshua B. Spector added to party FLEXFUNDS ETP, LLC(pty:pla). (Attachments: #1 Transcripts Ex. A - Rigaud Vol II. page 172, #2 Transcripts Ex. B - Pages from Certus, #3 Transcripts Ex. C - Pages from Cesar Sr, #4 Transcripts Ex. D - Pages from MUSA, #5 Exhibit Ex. E - To be filed under seal)(Spector, Joshua)
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Filing 136
Plaintiff's MOTION to Bring Electronic Equipment into the courtroom for Hearing on January 17, 2018 by FLEXFUNDS ETP, LLC. Responses due by 1/26/2018 (Attachments: #1 Text of Proposed Order)(Thornburg, Robert)
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Filing 135
AMENDED NOTICE OF TRIAL CONFLICT by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD (Koenig, Eric). Modified text to match document title on 1/12/2018 (lrz1).
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Filing 134
ENDORSED ORDER Setting Hearing on Motions. Oral argument regarding Defendant's #92 Motion for Summary Judgment and Plaintiff's #94 Motion for Summary Judgment as to Counts I, II, and III shall be heard on January 17, 2017 at 3:30 PM at the Wilkie D. Ferguson, Jr. United States District Courthouse, 400 North Miami Avenue, Courtroom 11-2, Miami, Florida 33128, before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 1/9/2018. (ase)
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Filing 133
Second MOTION to Continue Trial Period re 126 Order on Motion to Continue,, by FLEXFUNDS ETP, LLC. Responses due by 1/22/2018 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Thornburg, Robert)
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Filing 132
Proposed Jury Instructions by FLEXFUNDS ETP, LLC. (Attachments: #1 Exhibit A - Proposed Jury Instructions, #2 Exhibit B - Amended Witness Lists)(Thornburg, Robert)
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Filing 131
Plaintiff's MOTION for Contempt (to Show Cause as to Why Defendants Should Not be Held in Contempt for Violation of Magistrate Judge Torres' November 8, 2017 Discovery Order [D.E. 121]) by FLEXFUNDS ETP, LLC. Responses due by 1/22/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Thornburg, Robert)
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Filing 130
Proposed Jury Instructions by FLEXFUNDS ETP, LLC. (Attachments: #1 Exhibit A - Proposed Jury Instructions, #2 Exhibit B - Witness Lists)(Thornburg, Robert)
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Filing 129
Notification of Ninety Days Expiring by FLEXFUNDS ETP, LLC re #94 Plaintiff's MOTION for Summary Judgment filed by FLEXFUNDS ETP, LLC (Thornburg, Robert)
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Filing 128
ORDER denying as moot #70 Motion for Extension of Time. Signed by Magistrate Judge Edwin G. Torres on 12/6/2017. (abu)
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Filing 127
NOTICE of Trial Conflict by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD (Koenig, Eric) . Modified text to match document title on 12/5/2017 (lrz1).
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Filing 126
ENDORSED ORDER granting #125 Plaintiff's Unopposed Motion to Continue. This case shall be set for trial on the Court's two-week trial period commencing Monday, January 22, 2018, at 9:30 a.m., before the undersigned United States District Judge at the Federal Courthouse, Courtroom 11-2, 400 North Miami Avenue, Miami, Florida. Calendar Call shall be held on Wednesday, January 17, 2018, at 3:00 p.m., at the same location. Signed by Judge Marcia G. Cooke on 11/30/2017. (ase)
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Filing 125
Unopposed MOTION to Continue Trial Period Commencing December 26, 2017 re #25 Scheduling Order,,,, Order Referring Case to Mediation,,, by FLEXFUNDS ETP, LLC. Responses due by 12/5/2017 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Thornburg, Robert)
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Filing 124
NOTICE by FLEXFUNDS ETP, LLC re #123 Pretrial Stipulation of Filing Exhibit to Joint Pretrial Stipulation (Attachments: #1 Exhibit G) (Thornburg, Robert)
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Filing 123
PRETRIAL STIPULATION by FLEXFUNDS ETP, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Thornburg, Robert)
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Filing 122
ORDER denying as moot #106 Motion to Compel. The Motion is denied as a result of the agreement reached by the Parties and detailed in the #113 Notice of Filing Stipulation. Docket Order Signed by Magistrate Judge Edwin G. Torres on 11/13/2017. (abu)
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Filing 121
ORDER granting in part and denying in part #38 Motion to Compel; denying as moot #39 Motion to Compel; denying #47 Motion to Compel; denying 48 Sealed Motion to Compel ; denying #58 Motion to Compel; denying #58 Motion for Sanctions; denying as moot #64 Motion for Protective Order; granting #65 Motion for Protective Order; granting in part and denying in part #66 Motion for Protective Order; granting in part and denying in part #67 Motion to Compel; denying #68 Motion to Compel; denying as moot #69 Motion for Protective Order; granting in part and denying in part #72 Motion to Compel. Signed by Magistrate Judge Edwin G. Torres on 11/8/2017. (EGT)
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Filing 120
Notification of Ninety Days Expiring by FLEXFUNDS ETP, LLC re #67 Plaintiff's MOTION to Compel Defendants' Customer Information and Related Customer Database filed by FLEXFUNDS ETP, LLC, #65 Defendant's MOTION for Protective Order filed by MARKETP, LLC, #69 Plaintiff's MOTION for Protective Order Against Defendants' June 29, 2017 Subpoenas Directed to Biscayne Americas Advisors, LLC; Duetsche Bank Securities, Inc.; Northeast Securities, Inc.; Prodigy Network Miami, LLC; Bricks Real Estate Fun filed by FLEXFUNDS ETP, LLC, #64 Defendant's MOTION for Protective Order filed by MARKETP, LLC, #72 Plaintiff's MOTION to Compel Defendants' Responses to Plaintiff's Second Set of Requests for Production filed by FLEXFUNDS ETP, LLC, #47 MOTION to Compel Responses to Defendants' First Set of Interrogatories filed by MARKETP USA, LLC, CERTUS FINANCE, INC., MARKETP, LLC, FLORENT RIGAUD, GLOBAL SECURITIES MANAGEMENT, LLC, #38 Plaintiff's MOTION to Compel Production of Defendants' Responsive Communications filed by FLEXFUNDS ETP, LLC, #39 Plaintiff's MOTION to Compel Production of Corporate Documentation and Activities filed by FLEXFUNDS ETP, LLC, #58 MOTION to Compel Continued Deposition of Plaintiff's Corporate Representative MOTION for Sanctions filed by MARKETP USA, LLC, CERTUS FINANCE, INC., MARKETP, LLC, FLORENT RIGAUD, GLOBAL SECURITIES MANAGEMENT, LLC, #66 Defendant's MOTION for Protective Order filed by MARKETP, LLC, #68 Plaintiff's MOTION to Compel Defendants' Responses to Plaintiff's Second Set of Interrogatories filed by FLEXFUNDS ETP, LLC (Attachments: #1 Text of Proposed Order) (Thornburg, Robert)
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Filing 119
ORDER denying as moot #74 Motion for Extension of Time to File Response to Defendant's Subpoena. Docket Order Signed by Magistrate Judge Edwin G. Torres on 11/7/2017. (abu)
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Filing 118
ORDER denying 42 Motion for Leave to File Amended Complaint, #49 Plaintiff's MOTION for Leave to File Amended Complaint as previously filed under seal on September 25, 2017. Signed by Magistrate Judge Edwin G. Torres on 09/25/2017. (abu) -Modified signature date on 10/31/2017 (gp).-
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Filing 117
Notification of Ninety Days Expiring by FLEXFUNDS ETP, LLC re #49 Plaintiff's MOTION for Leave to File Amended Complaint and Incorporated Memorandum of Law filed by FLEXFUNDS ETP, LLC (Thornburg, Robert)
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SYSTEM ENTRY - Docket Entry 116 [order] restricted/sealed until further notice. (abu)
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Filing 115
REPLY to Response to Motion re #94 Plaintiff's MOTION for Summary Judgment filed by FLEXFUNDS ETP, LLC. (Thornburg, Robert)
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Filing 114
REPLY to Response to Motion re #92 Defendant's MOTION for Summary Judgment Plaintiff's Response to Motion for Summary Judgment filed by MARKETP, LLC. (Koenig, Eric)
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Filing 113
NOTICE by MARKETP, LLC re #106 MOTION to Compel Compliance with Subpoena Directed to Prodigy Network Miami LLC (Attachments: #1 Exhibit Stip to Stay Briefing on Defs' Mtn to Compel Compliance w-Subpoena Directed to Prodigy) (Leonard, Anne)
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Filing 112
MEDIATION REPORT by Michael Chesal. Disposition: Case did not settle.(Chesal, Michael)
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Filing 111
Clerks Notice to Filer re #107 MOTION for Leave to File Under Seal Defendants' Statement of Material Facts and Response to Plaintiff's Motion for Partial Summary Judgment. Wrong Event Selected; ERROR - The Filer selected the wrong event. When filing a Motion to Seal the proper Event is Motion to Seal Public. It is not necessary to refile this document. (nc)
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Filing 110
ENDORSED ORDER STRIKING #101 Sealed Document. The Clerk shall remove Docket Entry 101 from the docket. The Defendants have refiled the documents in compliance with CM/ECF procedures. See Docket Entries 107, 108, 109. Signed by Judge Marcia G. Cooke on 8/29/2017. (ase)
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Filing 107
MOTION for Leave to File Under Seal Defendants' Statement of Material Facts and Response to Plaintiff's Motion for Partial Summary Judgment by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. (Koenig, Eric) Modified Event on 8/29/2017 (nc).
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SYSTEM ENTRY - Docket Entry 108 [misc] restricted/sealed until further notice. (1275414)
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SYSTEM ENTRY - Docket Entry 109 [misc] restricted/sealed until further notice. (1275414)
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Filing 106
MOTION to Compel Compliance with Subpoena Directed to Prodigy Network Miami LLC by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Responses due by 9/11/2017 (Attachments: #1 Exhibit)(Koenig, Eric)
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Filing 105
Clerks Notice to Filer re #101 Sealed Document,. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The Filer must Refile the Corrected Documents. (nc)
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Filing 103
RESPONSE in Opposition re #92 Defendant's MOTION for Summary Judgment filed by FLEXFUNDS ETP, LLC. Replies due by 9/1/2017. (Attachments: #1 Exhibit 1 Statement of Facts Rebuttal, #2 Exhibit A [filed under seal], #3 Exhibit B [filed under seal], #4 Exhibit C [filed under seal], #5 Exhibit D, #6 Exhibit E, #7 Exhibit F [filed under seal], #8 Exhibit G [filed under seal], #9 Exhibit H, #10 Exhibit I, #11 Exhibit J [filed under seal], #12 Exhibit K [filed under seal])(Thornburg, Robert)
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Filing 102
RESPONSE to Motion re #94 Plaintiff's MOTION for Summary Judgment filed by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Replies due by 9/1/2017. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Koenig, Eric)
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Filing 101
Sealed Document Defendants' Statement of Material Facts and Response to Plaintiff's Motion for Partial Summary Judgment by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. (Koenig, Eric) (Main Document 101 replaced pursuant to DE 110 Order on 8/30/2017) (tpl). Modified to unseal per chambers on 8/30/2017 (tpl).
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SYSTEM ENTRY - Docket Entry 104 [motion] restricted/sealed until further notice. (945301)
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SYSTEM ENTRY - Docket Entry 100 [misc] restricted/sealed until further notice. (945301)
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SYSTEM ENTRY - Docket Entry 99 [misc] restricted/sealed until further notice. (945301)
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Filing 98
ENDORSED ORDER granting Plaintiff's #96 Unopposed Motion for Extension of Time. Replies in support of the Parties' #92 #94 Motions for Summary Judgment shall be due on or before September 15, 2017. Signed by Judge Marcia G. Cooke on 8/23/2017. (ase)
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Filing 97
Clerks Notice to Filer re #96 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Planned Response in Opposition to Plaintiff's Motion for Summary Judgment. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls)
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Filing 96
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #94 Plaintiff's MOTION for Summary Judgment by FLEXFUNDS ETP, LLC. (Attachments: #1 Text of Proposed Order)(Thornburg, Robert) Modified Link on 8/23/2017 (ls).
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Filing 94
Plaintiff's MOTION for Summary Judgment by FLEXFUNDS ETP, LLC. Responses due by 8/25/2017 (Attachments: #1 Exhibit 01 - Statement of Material Facts, #2 Exhibit A [filed under seal], #3 Exhibit B [filed under seal], #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G [filed under seal], #9 Exhibit H [filed under seal], #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L [filed under seal], #14 Exhibit M [filed under seal], #15 Exhibit N, #16 Exhibit O [filed under seal], #17 Exhibit P [filed under seal], #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S [filed under seal], #21 Exhibit T [filed under seal], #22 Exhibit U, #23 Exhibit V [filed under seal], #24 Exhibit W [filed under seal], #25 Exhibit X [filed under seal], #26 Exhibit Y [filed under seal], #27 Exhibit Z [filed under seal], #28 Exhibit AA [filed under seal], #29 Exhibit BB [filed under seal], #30 Exhibit CC [filed under seal], #31 Exhibit DD [filed under seal], #32 Exhibit EE, #33 Exhibit FF [filed under seal], #34 Exhibit GG [filed under seal], #35 Exhibit HH, #36 Exhibit II, #37 Exhibit JJ, #38 Exhibit KK [filed under seal], #39 Exhibit LL [filed under seal], #40 Exhibit MM [filed under seal], #41 Exhibit NN [filed under seal], #42 Exhibit OO [filed under seal], #43 Exhibit PP [filed under seal], #44 Exhibit QQ [filed under seal], #45 Exhibit RR [filed under seal], #46 Exhibit SS, #47 Exhibit TT [filed under seal], #48 Exhibit UU [filed under seal], #49 Exhibit VV, #50 Exhibit WW, #51 Exhibit XX [filed under seal])(Thornburg, Robert)
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Filing 93
Statement of: Material Facts In Support of Motion for Summary Judgment by CERTUS FINANCE, INC., Michael B Chesal, GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD re #92 Defendant's MOTION for Summary Judgment (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Koenig, Eric)
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Filing 92
Defendant's MOTION for Summary Judgment by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Responses due by 8/25/2017 (Koenig, Eric)
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Filing 89
MOTION to Seal Exhibits to Defendants' Statement of Material Facts per Local Rule 5.4 by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. (Koenig, Eric)
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SYSTEM ENTRY - Docket Entry 90 [misc] restricted/sealed until further notice. (1275414)
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SYSTEM ENTRY - Docket Entry 91 [misc] restricted/sealed until further notice. (1275414)
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SYSTEM ENTRY - Docket Entry 95 [motion] restricted/sealed until further notice. (945301)
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Filing 88
ENDORSED ORDER Scheduling Mediation.The Parties will attend a mediation conference in this matter with Mediator Michael B. Chesal on August 29, 2017 at 9:30 a.m., at Peretz Chesal & Herrmann, P.L., One Biscayne Tower 2 South Biscayne Boulevard, Suite 3700, Miami, Florida 33131. The Parties shall not reschedule the conference outside of the mediation deadline set forth in the scheduling order without leave of the Court. Failure to comply with this Order may result in sanctions. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The Report shall also indicate whether the case settled (in full or in part), whether the Parties consented to continue the mediation, or whether the mediator declared an impasse. Signed by Judge Marcia G. Cooke on 8/3/2017. (ase)
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Filing 87
NOTICE of Mediator Selection and Hearing. Added Michael B Chesal. Mediation Hearing set for 08/29/17 at 9:30 a.m.. (Koenig, Eric)
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Filing 86
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Motion Hearing held on 7/27/2017 re #67 Plaintiff's MOTION to Compel Defendants' Customer Information and Related Customer Database filed by FLEXFUNDS ETP, LLC, #65 Defendant's MOTION for Protective Order filed by MARKETP, LLC, #69 Plaintiff's MOTION for Protective Order Against Defendants' June 29, 2017 Subpoenas Directed to Biscayne Americas Advisors, LLC; Duetsche Bank Securities, Inc.; Northeast Securities, Inc.; Prodigy Network Miami, LLC; Bricks Real Estate Fun filed by FLEXFUNDS ETP, LLC, #72 Plaintiff's MOTION to Compel Defendants' Responses to Plaintiff's Second Set of Requests for Production filed by FLEXFUNDS ETP, LLC, #38 Plaintiff's MOTION to Compel Production of Defendants' Responsive Communications filed by FLEXFUNDS ETP, LLC, #39 Plaintiff's MOTION to Compel Production of Corporate Documentation and Activities filed by FLEXFUNDS ETP, LLC, #66 Defendant's MOTION for Protective Order filed by MARKETP, LLC, #68 Plaintiff's MOTION to Compel Defendants' Responses to Plaintiff's Second Set of Interrogatories filed by FLEXFUNDS ETP, LLC. Total time in court: 4 hour(s) : 30 minutes. Attorney Appearance(s): Eric S Koenig, Robert Houpt Thornburg, (Digital 13:38:49) (br)
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Filing 85
RESPONSE to Motion re #68 Plaintiff's MOTION to Compel Defendants' Responses to Plaintiff's Second Set of Interrogatories filed by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Replies due by 8/3/2017. (Attachments: #1 Exhibit)(Koenig, Eric)
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Filing 84
REPLY to Response to Motion re #58 MOTION to Compel Continued Deposition of Plaintiff's Corporate Representative MOTION for Sanctions filed by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. (Koenig, Eric)
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Filing 83
RESPONSE in Opposition re #64 Defendant's MOTION for Protective Order , #66 Defendant's MOTION for Protective Order , #65 Defendant's MOTION for Protective Order filed by FLEXFUNDS ETP, LLC. Replies due by 8/2/2017. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Thornburg, Robert)
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Filing 82
STIPULATION re #70 Third Party MOTION for Extension of Time to Respond, Object, or Move to Quash Non-Party Subpoena for Defendants' Withdrawal of Subpoena Duces Tecum and Withdrawal of Motion for Enlargement of Time by BiscayneAmericas Advisers, LLC (Attachments: #1 Text of Proposed Order)(Henkel, Timothy)
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Filing 81
RESPONSE in Opposition re #67 Plaintiff's MOTION to Compel Defendants' Customer Information and Related Customer Database filed by MARKETP, LLC. Replies due by 8/2/2017. (Drushal, Amy)
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Filing 80
RESPONSE in Opposition re #72 Plaintiff's MOTION to Compel Defendants' Responses to Plaintiff's Second Set of Requests for Production filed by MARKETP, LLC. Replies due by 8/2/2017. (Drushal, Amy)
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Filing 79
ENDORSED ORDER granting Plaintiff's #78 Unopposed Motion for Extension of Time. For good cause shown, the dispositive motions deadline shall be extended through and including August 11, 2017. However, no further extensions of time will be granted absent extraordinary circumstances. Signed by Judge Marcia G. Cooke on 7/24/2017. (ase)
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Filing 78
Unopposed MOTION for Extension of Time to File Dispositive Motions by FLEXFUNDS ETP, LLC. Responses due by 8/7/2017 (Attachments: #1 Text of Proposed Order)(Thornburg, Robert)
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Filing 77
RESPONSE in Opposition re #58 MOTION to Compel Continued Deposition of Plaintiff's Corporate Representative MOTION for Sanctions filed by FLEXFUNDS ETP, LLC. Replies due by 7/28/2017. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Thornburg, Robert)
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Filing 76
ORDER Setting Hearing on Motions. Upon review of the record, the parties in this case have filed a slew of discovery motions on the eve of the discovery cutoff. To expedite resolution of any discovery issues that remain in the case, the Court hereby Sets a hearing on All pending discovery motions (whether fully briefed or not), including any third-motions that have been filed.The parties shall confer no later than July 26, 2017 to resolve or narrow the pending issues to facilitate resolution. Motion Hearing set for 7/27/2017 01:30 PM in Miami Division before Magistrate Judge Edwin G. Torres, United States Courthouse, James Lawrence King Bldg., Courtroom 5 - Tenth Floor, 99 N.E. 4th Street, Miami, Florida.Docket Order Signed by Magistrate Judge Edwin G. Torres on 7/20/2017. (EGT)
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Filing 75
REPLY to #62 Response in Opposition to Motion, to Compel Responses to Defendants' First Set of Interrogatories by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. (Leonard, Anne)
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Filing 74
Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Defendant's Subpoena by Bricks Real Estate Fund, Inc.. Attorney Alfredo Jesus Perez added to party Bricks Real Estate Fund, Inc.(pty:dft). (Attachments: #1 Exhibit Subpoena, #2 Exhibit Proposed Order)(Perez, Alfredo)
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SYSTEM ENTRY - Docket Entry 73 [motion] restricted/sealed until further notice. (1339305)
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Filing 72
Plaintiff's MOTION to Compel Defendants' Responses to Plaintiff's Second Set of Requests for Production by FLEXFUNDS ETP, LLC. Responses due by 7/28/2017 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (filed under seal), #6 Exhibit F (filed under seal), #7 Exhibit G (filed under seal), #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K (filed under seal), #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Thornburg, Robert)
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Filing 70
Third Party MOTION for Extension of Time to Respond, Object, or Move to Quash Non-Party Subpoena by BiscayneAmericas Advisers, LLC. Attorney Ira Cohen added to party BiscayneAmericas Advisers, LLC(pty:mov). Responses due by 7/28/2017 (Attachments: #1 Exhibit Subpoena to BiscayneAmericas, #2 Exhibit Plaintiff's Motion for Protective Order (exhibits excluded), #3 Exhibit Defendants' Notice of Intent to Serve Non-Party Subpoenas, #4 Exhibit Excerpts of Defendant's Second Request for Production, #5 Text of Proposed Order Proposed Order)(Cohen, Ira)
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Filing 69
Plaintiff's MOTION for Protective Order Against Defendants' June 29, 2017 Subpoenas Directed to Biscayne Americas Advisors, LLC; Duetsche Bank Securities, Inc.; Northeast Securities, Inc.; Prodigy Network Miami, LLC; Bricks Real Estate Fund Inc.; PPD Financial, LLC; Achieve Capital, LLC; Barnett Capital Advisors, LLC; V-Me Media, Inc.; and Valencia Partners, LP. by FLEXFUNDS ETP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Thornburg, Robert)
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SYSTEM ENTRY - Docket Entry 71 [motion] restricted/sealed until further notice. (945301)
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Filing 68
Plaintiff's MOTION to Compel Defendants' Responses to Plaintiff's Second Set of Interrogatories by FLEXFUNDS ETP, LLC. Responses due by 7/27/2017 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Thornburg, Robert)
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Filing 67
Plaintiff's MOTION to Compel Defendants' Customer Information and Related Customer Database by FLEXFUNDS ETP, LLC. Responses due by 7/26/2017 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Thornburg, Robert)
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Filing 66
Defendant's MOTION for Protective Order by MARKETP, LLC. (Attachments: #1 Exhibit)(Drushal, Amy)
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Filing 65
Defendant's MOTION for Protective Order by MARKETP, LLC. (Attachments: #1 Exhibit)(Drushal, Amy)
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Filing 64
Defendant's MOTION for Protective Order by MARKETP, LLC. Attorney Amy L. Drushal added to party MARKETP, LLC(pty:dft). (Attachments: #1 Exhibit)(Drushal, Amy)
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Filing 63
REPLY to Response to Motion re #49 Plaintiff's MOTION for Leave to File Amended Complaint and Incorporated Memorandum of Law filed by FLEXFUNDS ETP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Thornburg, Robert)
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Filing 62
RESPONSE in Opposition re #47 MOTION to Compel Responses to Defendants' First Set of Interrogatories filed by FLEXFUNDS ETP, LLC. Replies due by 7/18/2017. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Thornburg, Robert)
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Filing 61
REPLY to Response to Motion re #39 Plaintiff's MOTION to Compel Production of Corporate Documentation and Activities filed by FLEXFUNDS ETP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Thornburg, Robert)
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Filing 60
REPLY to Response to Motion re #38 Plaintiff's MOTION to Compel Production of Defendants' Responsive Communications filed by FLEXFUNDS ETP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Thornburg, Robert)
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Filing 59
CERTIFICATE of Counsel re #58 MOTION to Compel Continued Deposition of Plaintiff's Corporate Representative MOTION for Sanctions Pursuant to S.D. Fla. L.R. 7.1(A)(3) by Eric S Koenig on behalf of CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD (Koenig, Eric)
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Filing 58
MOTION to Compel Continued Deposition of Plaintiff's Corporate Representative ( Responses due by 7/21/2017), MOTION for Sanctions by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Koenig, Eric)
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Filing 57
RESPONSE in Opposition re #49 Plaintiff's MOTION for Leave to File Amended Complaint and Incorporated Memorandum of Law filed by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Replies due by 7/14/2017. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Koenig, Eric)
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Filing 56
ORDER granting #54 Motion for Extension of Time to File Response/Reply to Motion. Plaintiff shall now have until July 10, 2017 to file its Reply in support of the Motion to Compel Production of Defendants Responsive Communications [D.E. 38]. Docket Order signed by Magistrate Judge Edwin G. Torres on 6/30/2017. (abu)
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Filing 55
ORDER granting #53 Unopposed Motion for Extension of Time to File Reply to Motion. Plaintiff shall now have until July 10, 2017 to file its Reply in support of the Motion to Compel Production of Corporate Documentation and Activities [D.E. 39]. Docket Order Signed by Magistrate Judge Edwin G. Torres on 6/30/2017. (abu)
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Filing 54
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #43 Response in Opposition to Motion, by FLEXFUNDS ETP, LLC. (Attachments: #1 Text of Proposed Order)(Thornburg, Robert)
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Filing 53
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #50 Response in Opposition to Motion, by FLEXFUNDS ETP, LLC. (Attachments: #1 Text of Proposed Order)(Thornburg, Robert)
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Filing 52
ENDORSED ORDER granting Defendants' #51 Unopposed Motion for Extension of Time. The Parties shall file their respective dispositive motions on or before July 28, 2017. Signed by Judge Marcia G. Cooke on 6/28/2017. (ase)
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Filing 51
Unopposed MOTION for Extension of Time to File Motion for Summary Judgment and Other Pretrial Motions by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Responses due by 7/12/2017 (Koenig, Eric)
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Filing 50
RESPONSE in Opposition re #39 Plaintiff's MOTION to Compel Production of Corporate Documentation and Activities filed by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Replies due by 7/5/2017. (Koenig, Eric)
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Filing 49
Plaintiff's MOTION for Leave to File Amended Complaint and Incorporated Memorandum of Law by FLEXFUNDS ETP, LLC. (Attachments: #1 Exhibit A (filed under seal), #2 Exhibit B (filed under seal), #3 Exhibit C (filed under seal), #4 Exhibit D (filed under seal), #5 Exhibit E, #6 Proposed Amended Complaint)(Thornburg, Robert)
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Filing 47
MOTION to Compel Responses to Defendants' First Set of Interrogatories by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Responses due by 7/11/2017 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Koenig, Eric)
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Filing 46
ORDER granting in part #41 Motion to Seal Motion for Leave to Amend Complaint. The motion may be filed under seal but a redacted public version of the motion shall also be filed on the docket (if necessary without exhibits).Docket Order Signed by Magistrate Judge Edwin G. Torres on 6/27/2017. (EGT)
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Filing 45
ORDER granting #44 Motion for Extension of Time; granting #44 Motion for Extension of Time to Response to Motion Re: 42 Plaintiff's SEALED MOTION for Leave to File Amended Complaint.Defendants' motions for extension are Granted for good cause shown: Responses due by 7/7/2017.Docket Order Signed by Magistrate Judge Edwin G. Torres on 6/27/2017. (EGT)
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Filing 44
Unopposed MOTION for Extension of Time To Respond to Plaintiff's Motion for Leave to File Amended Complaint ( Responses due by 7/11/2017), MOTION for Extension of Time to File Response/Reply/Answer by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. (Leonard, Anne)
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SYSTEM ENTRY - Docket Entry 48 [motion] restricted/sealed until further notice. (1275414)
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Filing 43
RESPONSE in Opposition re #38 Plaintiff's MOTION to Compel Production of Defendants' Responsive Communications filed by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Replies due by 7/3/2017. (Koenig, Eric)
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Filing 41
Plaintiff's MOTION to Seal Motion for Leave to File Amended Complaint and Incorporated Memorandum of Law per Local Rule 5.4 by FLEXFUNDS ETP, LLC. (Attachments: #1 Text of Proposed Order) (Thornburg, Robert)
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SYSTEM ENTRY - Docket Entry 42 [motion] restricted/sealed until further notice. (945301)
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Filing 40
NOTICE of Attorney Appearance by Anne Connelly Leonard on behalf of CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Attorney Anne Connelly Leonard added to party CERTUS FINANCE, INC.(pty:dft), Attorney Anne Connelly Leonard added to party GLOBAL SECURITIES MANAGEMENT, LLC(pty:dft), Attorney Anne Connelly Leonard added to party MARKETP USA, LLC(pty:dft), Attorney Anne Connelly Leonard added to party MARKETP, LLC(pty:dft), Attorney Anne Connelly Leonard added to party FLORENT RIGAUD(pty:dft). (Leonard, Anne)
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Filing 39
Plaintiff's MOTION to Compel Production of Corporate Documentation and Activities by FLEXFUNDS ETP, LLC. Responses due by 6/27/2017 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Thornburg, Robert)
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Filing 38
Plaintiff's MOTION to Compel Production of Defendants' Responsive Communications by FLEXFUNDS ETP, LLC. Responses due by 6/26/2017 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Thornburg, Robert)
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Filing 37
Corporate Disclosure Statement by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD identifying Corporate Parent MarkETP Holdings, Ltd for MARKETP, LLC; Corporate Parent Global Securities Holdigs, LLC for GLOBAL SECURITIES MANAGEMENT, LLC; Corporate Parent MarkETP Holdings, LLC for MARKETP USA, LLC (Koenig, Eric)
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Filing 36
ENDORSED ORDER denying without prejudice #35 Motion to Continue. The Court will not consider the parties' motion at this stage of the litigation. Signed by Judge Marcia G. Cooke on 4/20/2017. (yli)
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Filing 35
Unopposed MOTION to Continue Trial re #25 Scheduling Order, Order Referring Case to Mediation,,,,,, by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Responses due by 5/4/2017 (Attachments: #1 Exhibit Affidavit of Eric S. Koenig)(Koenig, Eric)
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Filing 34
ORDER denying #28 Motion to Compel. The record presented on the motion does not allow the Court to find that the stated interrogatory responses were deficient under Rule 37. Plaintiff forgets that the purpose of a motion to compel is not to reconcile factual conflicts that are best left for impeachment at trial. Nor are they intended as a vehicle to obtain new answers to modified or clarified interrogatories. The purpose of a Rule 37 motion is to simply find whether the given answer is responsive to the question. Here, the answer was arguably responsive (though Plaintiff is undoubtedly entitled to serve modified requests that accomplish its goals). That is sufficient to defeat the motion under Rule 37. Docket Order Signed by Magistrate Judge Edwin G. Torres on 3/31/2017. (EGT)
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Filing 33
REPLY to Response to Motion re #28 Plaintiff's MOTION to Compel Defendants' Responses to Plaintiff's First Set of Interrogatories (No's. 1-4) filed by FLEXFUNDS ETP, LLC. (Attachments: #1 Exhibit A)(Thornburg, Robert)
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Filing 32
ORDER granting #31 Motion for Extension of Time to File Reply Re: #28 Plaintiff's MOTION to Compel Defendants' Responses to Plaintiff's First Set of Interrogatories filed by FLEXFUNDS ETP, LLC. The unopposed motion is Granted for good cause shown and for the time period requested: Reply due by 3/30/2017. Docket Order Signed by Magistrate Judge Edwin G. Torres on 3/23/2017. (EGT)
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Filing 31
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #30 Response in Opposition to Motion, by FLEXFUNDS ETP, LLC. (Thornburg, Robert)
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Filing 30
RESPONSE in Opposition re #28 Plaintiff's MOTION to Compel Defendants' Responses to Plaintiff's First Set of Interrogatories (No's. 1-4) filed by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Replies due by 3/23/2017. (Koenig, Eric)
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Filing 29
ORDER granting #27 Motion for Protective Order. Signed by Magistrate Judge Edwin G. Torres on 3/8/2017. (EGT)
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Filing 28
Plaintiff's MOTION to Compel Defendants' Responses to Plaintiff's First Set of Interrogatories (No's. 1-4) by FLEXFUNDS ETP, LLC. Responses due by 3/17/2017 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Thornburg, Robert)
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Filing 27
Joint MOTION for Protective Order Governing Dissemination of Confidential Information by FLEXFUNDS ETP, LLC. (Attachments: #1 Text of Proposed Order)(Thornburg, Robert)
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Filing 26
NOTICE of Mediator Selection: Michael B. Chesal selected. Filed/Added by FLEXFUNDS ETP, LLC. (Thornburg, Robert)
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Filing 25
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: ( Jury Trial set for 12/26/2017 09:30 AM in Miami Division before Judge Marcia G. Cooke., Calendar Call set for 12/20/2017 03:00 PM in Miami Division before Judge Marcia G. Cooke., Amended Pleadings due by 4/14/2017., Expert Discovery due by 8/25/2017., Fact Discovery due by 7/14/2017., Joinder of Parties due by 4/14/2017., Final proposed jury instructions and verdict form Deadline 12/15/2017., In Limine Motions due by 11/17/2017., Dispositive Motions due by 7/21/2017., Daubert Motions due by 9/1/2017., Pretrial Stipulation due by 11/17/2017.), ORDER REFERRING CASE to Mediation. Mediation Deadline 9/8/2017. Signed by Judge Marcia G. Cooke on 1/11/2017. (tm) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 24
Joint SCHEDULING REPORT - Rule 16.1 by FLEXFUNDS ETP, LLC (Attachments: #1 Attachment A)(Thornburg, Robert)
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Filing 23
NOTICE of Attorney Appearance by Eric S Koenig on behalf of CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Attorney Eric S Koenig added to party CERTUS FINANCE, INC.(pty:dft), Attorney Eric S Koenig added to party GLOBAL SECURITIES MANAGEMENT, LLC(pty:dft), Attorney Eric S Koenig added to party MARKETP USA, LLC(pty:dft), Attorney Eric S Koenig added to party MARKETP, LLC(pty:dft), Attorney Eric S Koenig added to party FLORENT RIGAUD(pty:dft). (Koenig, Eric)
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Filing 22
Summons (Affidavit) Returned Unexecuted by FLEXFUNDS ETP, LLC as to FLORENT RIGAUD. (Thornburg, Robert)
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Filing 21
ANSWER and Affirmative Defenses to Complaint by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC, FLORENT RIGAUD. Attorney John Daniel Goldsmith added to party FLORENT RIGAUD(pty:dft). (Goldsmith, John)
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Filing 20
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by FLEXFUNDS ETP, LLC. CERTUS FINANCE, INC. served on 11/4/2016, answer due 11/29/2016. (Thornburg, Robert)
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Filing 19
ENDORSED ORDER granting #18 Motion for Extension of Time. Defendants CERTUS FINANCE, INC.; GLOBAL SECURITIES MANAGEMENT, LLC; MARKETP USA, LLC; and MARKETP, LLC shall file a responsive pleading to Plaintiff's #1 Complaint on or before November 29, 2016. Signed by Judge Marcia G. Cooke on 11/15/2016. (yli)
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Filing 18
MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP USA, LLC, MARKETP, LLC. Attorney John Daniel Goldsmith added to party CERTUS FINANCE, INC.(pty:dft), Attorney John Daniel Goldsmith added to party GLOBAL SECURITIES MANAGEMENT, LLC(pty:dft), Attorney John Daniel Goldsmith added to party MARKETP USA, LLC(pty:dft), Attorney John Daniel Goldsmith added to party MARKETP, LLC(pty:dft). (Goldsmith, John)
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Filing 17
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by FLEXFUNDS ETP, LLC. MARKETP USA, LLC served on 10/31/2016, answer due 11/21/2016. (Thornburg, Robert)
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Filing 16
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by FLEXFUNDS ETP, LLC. MARKETP, LLC served on 10/31/2016, answer due 11/21/2016. (Thornburg, Robert)
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Filing 15
ORDER granting in part and denying in part #13 Motion for Discovery. Upon review of the motion that seeks ex parte relief, the Court finds little good cause to grant the motion entirely at this point. No injunction motion has yet been filed; the issues in dispute appear to have arisen some time ago; and the immediate need for widespread discovery without input from the responding party is unclear. Therefore, the request for authority to issue written discovery and deposition notices for immediate compliance is Denied. The motion is Granted, however, with respect to Plaintiff's right to serve written discovery requests prior to the Rule 16 scheduling conference. Plaintiff may serve such requests together with or immediately after service of the complaint. Other forms of discovery may also be initiated but only after consultation with the responding party as to time and scope. A renewed motion may certainly be filed if an agreement is not reached as to those matters. Docket Order Signed by Magistrate Judge Edwin G. Torres on 11/14/2016. (EGT)
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Filing 14
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by FLEXFUNDS ETP, LLC. GLOBAL SECURITIES MANAGEMENT, LLC served on 10/31/2016, answer due 11/21/2016. (Thornburg, Robert)
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Filing 13
Plaintiff's MOTION for Discovery (Ex Parte) to Prepare for Preliminary Injunction Practice and Incorporated Memorandum of Law by FLEXFUNDS ETP, LLC. Responses due by 11/21/2016 (Thornburg, Robert)
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Filing 12
Summons Issued as to MARKETP USA, LLC. (pes)
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Filing 11
ORDER EXPEDITING SERVICE, (Expedited Service Deadline 12/27/2016.) Signed by Judge Marcia G. Cooke on 10/28/2016. (tm)
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Filing 10
Notice of Court Practice re Joint Motions Signed by Judge Marcia G. Cooke on 10/28/2016. (tm)
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Filing 9
Order Requiring Joint Scheduling Report Signed by Judge Marcia G. Cooke on 10/28/2016. (tm)
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Pretrial Non-Dispositive Matters Signed by Judge Marcia G. Cooke on 10/28/2016. (tm)
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Filing 7
NOTICE of Filing Proposed Summons(es) by FLEXFUNDS ETP, LLC re 6 Clerks Notice to Filer re: Electronic Case, Summons(es) (Attachments: #1 Summon(s) MARKETP USA, LLC) (Thornburg, Robert)
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Filing 6
Clerks Notice to Filer re: Summons cannot be issued. The party on the summons does not match the initiating documents. (pes)
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Filing 5
Summons Issued as to CERTUS FINANCE, INC., GLOBAL SECURITIES MANAGEMENT, LLC, MARKETP, LLC, FLORENT RIGAUD. (pes)
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Filing 4
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (pes)
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Filing 3
Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (pes)
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Filing 2
Judge Assignment to Judge Marcia G. Cooke (pes)
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Filing 1
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES against All Defendants. Filing fees $ 400.00 receipt number 113C-9204491, filed by FLEXFUNDS ETP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet, #9 Summon(s) GLOBAL SECURITIES MANAGEMENT, LLC, #10 Summon(s) CERTUS FINANCE, INC., #11 Summon(s) FLORENT RIGAUD, #12 Summon(s) MARKETP USA, LLC, #13 Summon(s) MARKETP, LLC)(Thornburg, Robert)
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