Commodity Futures Trading Commission v. NOTUS LLC, et al.
| Commodity Futures Trading Commission |
| GLOBAL E-ADVANTAGES Delaware limited liability company also known as KICKMAGIC LLC doing business as ROFX, GROVEE LLC doing business as ROFX, NOTUS LLC dissolved Colorado limited liability company doing business as ROFX, EASY COM LLC, EASY COM LC, KICKMAGIC LLC, GROVEE, LLC Delaware limited liability company doing business as ROFX, SHOPOSTAR, LLC Colorado limited liability company doing business as ROFX, Jase Davis, Borys Konovalenko, Anna Shymko, Alla Skala, Timothy Stubbs, GLOBAL E-ADVANTAGES LLC also known as KICKMAGIC LLC doing business as ROFX, NOTUS LLC dissolved Colorado limited liability company doing business as ROFX and EASY COM LLC doing business as ROFX |
| 1:2022cv20291 |
| January 27, 2022 |
| U.S. District Court for the Southern District of Florida |
| Darrin P Gayles |
| Securities/Commodities |
| 07 U.S.C. § 0025 Fraud - Commodities Leverage Contracts |
| None |
Docket Report
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Filing 41
PAPERLESS ORDER granting #40 Motion for Extension of Time. Defendant Alla Skala shall file her reply in support of her Motion to Dismiss on or before March 29, 2022. Signed by Judge Darrin P. Gayles (hs01)
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Filing 40
MOTION for Extension of Time to File Response/Reply/Answer as to #37 Response in Opposition to Motion by Alla Skala. (Frankel, David)
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Filing 39
NOTICE of Striking #38 Summons Returned Executed, filed by Commodity Futures Trading Commission by Commodity Futures Trading Commission (Karst, Danielle)
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Filing 38
(STRICKEN PER DE#39)SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Commodity Futures Trading Commission. Jase Davis served on 3/14/2022, response/answer due 4/4/2022. (Attachments: #1 Exhibit Emails to/from Jase Davis)(Karst, Danielle)Text Modified on 3/22/2022 (cqs).
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Filing 37
RESPONSE in Opposition re #28 Amended MOTION to Dismiss #1 Complaint,, with Incorporated Memorandum of Law filed by Commodity Futures Trading Commission. Replies due by 3/24/2022. (Karst, Danielle)
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Filing 36
PAPERLESS ORDER granting #29 Plaintiff's Motion for Alternate Service on Defendant Jase Davis. The Court authorizes alternate service of process on Defendant Jase Davis by: (1) publication once a week for a period of three weeks in The Commercial Dispatch in Lowndes County, Mississippi pursuant to Miss. Code. Ann. 13-3-27 (2022) and Miss. R. Civ. P. 4(c)(4); and (2) publication once a week for a period of four weeks in The Daily Business Review in Miami-Dade County, Florida pursuant to FLA. STAT. 49.10 (2021) and S.D. Fla. L.R. 5.2(c). Once completed, Plaintiff shall file proof that service has been carried out upon Defendant Jase Davis as required by Fed. R. Civ. P. 4(e)(1). Signed by Judge Darrin P. Gayles (hs01)
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Filing 35
PAPERLESS ORDER denying as moot #21 Defendant's Motion to Dismiss in light of the Amended Motion to Dismiss #28 . Signed by Judge Darrin P. Gayles (hs01)
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Filing 34
PAPERLESS ORDER granting #32 Motion for Extension of Time. Defendant Timothy Stubbs shall respond to the Complaint on or before April 1, 2022. Signed by Judge Darrin P. Gayles (hs01)
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Filing 33
NOTICE of Attorney Appearance by Megan Nicole Kilissanly on behalf of Timothy Stubbs. Attorney Megan Nicole Kilissanly added to party Timothy Stubbs(pty:dft). (Kilissanly, Megan)
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Filing 32
Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Timothy Stubbs. (Attachments: #1 Text of Proposed Order)(Newman, Daniel)
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Filing 31
NOTICE of Attorney Appearance by Daniel Stuart Newman on behalf of Timothy Stubbs. Attorney Daniel Stuart Newman added to party Timothy Stubbs(pty:dft). (Newman, Daniel)
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Filing 30
ORDER by Clerk of Entry of Default re #27 Motion for Clerks Entry of Default as to Anna Shymko. Signed by DEPUTY CLERK on 3/4/2022. See attached document for full details. (ail)
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Filing 29
MOTION for Service by Publication on Defendant Jase Davis by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1 - Malas Decl., #2 Malas Decl. Attach. (Non-Service Affidavits), #3 Exhibit 2 - Email, #4 Text of Proposed Order)(Karst, Danielle)
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Filing 28
Amended MOTION to Dismiss #1 Complaint,, with Incorporated Memorandum of Law by Alla Skala. Responses due by 3/17/2022 (Frankel, David)
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Filing 27
MOTION for Clerks Entry of Default as to Anna Shymko by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1 - Affidavit in Support of Application for Entry of Default)(Karst, Danielle)
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Filing 26
Clerks Entry of Default as to NOTUS LLC, SHOPOSTAR, LLC - Motions Terminated: #23 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 3/2/2022. (ail)
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Filing 25
PAPERLESS ORDER by Clerk of Non-Entry of Default re #20 Motion for Clerks Entry of Default as to Alla Skala. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed. Signed by DEPUTY CLERK on 3/1/2022. (ail)
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Filing 24
ORDER by Clerk of Entry of Default re #19 Motion for Clerks Entry of Default as to Borys Konovalenko, EASY COM LC, GLOBAL E-ADVANTAGES, GROVEE, LLC. Signed by DEPUTY CLERK on 2/28/2022. See attached document for full details. (ail)
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Filing 23
MOTION for Clerks Entry of Default as to NOTUS LLC, SHOPOSTAR, LLC by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1 - Affidavit in Support of Application for Entry of Default)(Karst, Danielle)
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Filing 22
NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (hs01)
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Filing 21
Defendant's MOTION to Dismiss #1 Complaint,, with Incorporated Memorandum of Law by Alla Skala. Attorney David Alan Frankel added to party Alla Skala(pty:dft). Responses due by 3/14/2022 (Frankel, David)
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Filing 20
MOTION for Clerks Entry of Default as to Alla Skala by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1 - Affidavit in Support of Application for Entry of Default)(Karst, Danielle)
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Filing 19
MOTION for Clerks Entry of Default as to EASY COM LC, GLOBAL E-ADVANTAGES, GROVEE, LLC, Borys Konovalenko by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1 - Affidavit in Support of Application for Entries of Default)(Karst, Danielle)
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Filing 18
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Commodity Futures Trading Commission. SHOPOSTAR, LLC served on 2/7/2022, response/answer due 2/28/2022. (Karst, Danielle)
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Filing 17
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Commodity Futures Trading Commission. NOTUS LLC served on 2/7/2022, response/answer due 2/28/2022. (Karst, Danielle)
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Filing 16
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Commodity Futures Trading Commission. GROVEE, LLC served on 2/2/2022, response/answer due 2/23/2022. (Karst, Danielle)
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Filing 15
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Commodity Futures Trading Commission. GLOBAL E-ADVANTAGES served on 2/2/2022, response/answer due 2/23/2022. (Karst, Danielle)
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Filing 14
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Commodity Futures Trading Commission. EASY COM LC served on 2/3/2022, response/answer due 2/24/2022. (Karst, Danielle)
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Filing 13
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Commodity Futures Trading Commission. Timothy Stubbs served on 2/17/2022, response/answer due 3/10/2022. (Karst, Danielle)
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Filing 12
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Commodity Futures Trading Commission. Borys Konovalenko served on 2/3/2022, response/answer due 2/24/2022. (Karst, Danielle)
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Filing 11
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Commodity Futures Trading Commission. Anna Shymko served on 2/9/2022, response/answer due 3/2/2022. (Karst, Danielle)
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Filing 10
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Commodity Futures Trading Commission. Alla Skala served on 2/2/2022, response/answer due 2/23/2022. (Karst, Danielle)
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Filing 9
STATUS REPORT Re Service of Process on Defendants by Commodity Futures Trading Commission (Karst, Danielle)
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Filing 8
CERTIFICATE OF SERVICE by Commodity Futures Trading Commission (Attachments: #1 Affidavit of Service (Notus LLC), #2 Affidavit of Service (Easy Com LLC), #3 Affidavit of Service (Global E-Advantages LLC), #4 Affidavit of Service (Grovee LLC), #5 Affidavit of Service (Shopostar LLC), #6 Affidavit of Service (Borys Konovalenko), #7 Affidavit of Service (Anna Shymko), #8 Affidavit of Service (Alla Skala))(Karst, Danielle)
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Filing 7
MOTION for Preliminary Injunction by Commodity Futures Trading Commission. (Attachments: #1 Exhibit Malas Decl., #2 Exhibit Malas Decl. Exhibits Part 1, #3 Exhibit Malas Decl. Exhibits Part 2, #4 Text of Proposed Order)(Karst, Danielle)
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Filing 6
NOTICE of Attorney Appearance by Timothy J. Mulreany on behalf of Commodity Futures Trading Commission (Mulreany, Timothy)
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Filing 5
PAPERLESS ORDER granting #3 Motion for Leave to File Excess Pages. Plaintiff is permitted to file its Motion and Memorandum of Law for a Preliminary Injunction in excess of 20 pages. Signed by Judge Darrin P. Gayles (hs01)
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Filing 4
Summons Issued as to Jase Davis, EASY COM LC, GLOBAL E-ADVANTAGES, GROVEE, LLC, Borys Konovalenko, NOTUS LLC, SHOPOSTAR, LLC, Anna Shymko, Alla Skala, Timothy Stubbs. (ail)
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Filing 3
MOTION for Leave to File Excess Pages by Commodity Futures Trading Commission. (Attachments: #1 Text of Proposed Order)(Karst, Danielle)
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Filing 2
Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the 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 Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ail)
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 402.00. USA Filer - No Filing Fee Required, filed by Commodity Futures Trading Commission. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Notus LLC, #3 Summon(s) Easy Com LLC, #4 Summon(s) Global E-Advantages LLC, #5 Summon(s) Grovee LLC, #6 Summon(s) Shopostar LLC, #7 Summon(s) Jase Davis, #8 Summon(s) Borys Konovalenko, #9 Summon(s) Anna Shymko, #10 Summon(s) Alla Skala, #11 Summon(s) Timothy Stubbs)(Karst, Danielle)
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