ROSH CHODESH II LIMITED PARTNERSHIP et al v. WIMPFHEIMER et al
| ROSH CHODESH II LIMITED PARTNERSHIP, JOSHUA HERMELIN, David Hermelin and Michael Hermelin |
| JAN S. WIMPFHEIMER, MADISON GOLD, LLC, SCHWELL WIMPFHEIMER & ASSOCIATES, LLP, EAST HUDSON CAPITAL, LLC and WHITE ROAD CAPITAL, LLC |
| 1:2023cv22148 |
| June 9, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 43 Joint REPLY to Response to Motion re #30 Joint MOTION TO DISMISS #24 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM Joint MOTION to Dismiss for Lack of Jurisdiction #24 Amended Complaint/Amended Notice of Removal, filed by MADISON GOLD, LLC, SCHWELL WIMPFHEIMER & ASSOCIATES, LLP, JAN S. WIMPFHEIMER. (Molinaro, Jeffrey) |
Filing 42
PAPERLESS ORDER granting #41 Defendants, Madison Gold, LLC, Jan S. Wimpfheimer, and Schwell Wimpfheimer & Associates, LLP's Unopposed Motion for Extension of Time to File Reply in Support of Joint Motion to Dismiss. Those Defendants shall file their Reply in support of their #30 Motion to Dismiss Plaintiffs' Amended Complaint on or before October 19, 2023. Signed by Judge Darrin P. Gayles on 10/10/2023. (nce)
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| Filing 41 Unopposed MOTION for Extension of Time to file reply in support of motion to dismiss re 38 Order,,,,, Terminate Motions,,,,, Set/Reset Deadlines,,,,, Set/Reset Motion/R&R Deadlines and Hearings,,,, #30 Joint MOTION TO DISMISS #24 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM Joint MOTION to Dismiss for Lack of Jurisdiction #24 Amended Complaint/Amended Notice of Removal, by MADISON GOLD, LLC, SCHWELL WIMPFHEIMER & ASSOCIATES, LLP, JAN S. WIMPFHEIMER. Responses due by 10/23/2023 (Attachments: #1 Text of Proposed Order)(Molinaro, Jeffrey) |
| Filing 40 RESPONSE in Opposition re #30 Joint MOTION TO DISMISS #24 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM Joint MOTION to Dismiss for Lack of Jurisdiction #24 Amended Complaint/Amended Notice of Removal, filed by JOSHUA HERMELIN(Successor Trustee on behalf of the SNOW WHITE TRUST II UAD July 3, 2020), David Hermelin, Joshua Hermelin(an individual), Michael Hermelin, ROSH CHODESH II LIMITED PARTNERSHIP. Replies due by 10/5/2023. (Attachments: #1 Exhibit A - Email from Robert Berman)(Silver, David) |
| Filing 39 Defendants, East Hudson Capital, LLC and White Road Capital LLC's ANSWER and Affirmative Defenses to Amended Complaint by EAST HUDSON CAPITAL, LLC, WHITE ROAD CAPITAL, LLC. (Zorrilla, Juan) |
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Filing 38
PAPERLESS ORDER granting the parties' #37 Joint Motion for Entry of Order Adopting Proposed Briefing Schedule and Agreed Page Limitation Extensions Regarding Plaintiffs' Response and Defendants' Replies Concerning Outstanding Motions to Dismiss. Plaintiffs shall file their omnibus response to all motions to dismiss filed in response to Plaintiffs' Amended Complaint on or before September 28, 2023. Plaintiffs shall have up to forty (40) pages for their omnibus response. Defendants, Madison Gold, LLC, Jan S. Wimpfheimer, and Schwell Wimpfheimer & Associates, LLP shall file their Reply in support of their #30 Motion to Dismiss Plaintiffs' Amended Complaint on or before October 12, 2023. Defendants, Madison Gold, LLC, Jan S. Wimpfheimer, and Schwell Wimpfheimer & Associates, LLP shall have up to twenty (20) pages for their Reply. If Defendants East Hudson Capital and White Road Capital file a motion to dismiss the Amended Complaint, their Reply in support of their motion to dismiss shall be due on or before October 12, 2023. Defendants East Hudson Capital and White Road Capital shall have up to twenty (20) pages for their Reply. Signed by Judge Darrin P. Gayles on 9/15/2023. (nce)
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| Filing 37 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #30 Joint MOTION TO DISMISS #24 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM Joint MOTION to Dismiss for Lack of Jurisdiction #24 Amended Complaint/Amended Notice of Removal, , 34 Order on Motion for Extension of Time to File Response/Reply/Answer,, Order on Motion for Leave to File Excess Pages, 36 Order on Motion for Extension of Time to File Response/Reply/Answer, , MOTION for Leave to File Excess Pages by MADISON GOLD, LLC, SCHWELL WIMPFHEIMER & ASSOCIATES, LLP, JAN S. WIMPFHEIMER. (Attachments: #1 Text of Proposed Order)(Molinaro, Jeffrey) |
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Filing 36
PAPERLESS ORDER granting #35 Defendants, East Hudson Capital, LLC and White Road Capital, LLC's Unopposed Motion for Additional 10-Day Extension to Respond to Amended Complaint. Defendants, East Hudson Capital, LLC and White Road Capital, LLC shall file an Answer or other responsive pleading on or before September 18, 2023. Signed by Judge Darrin P. Gayles on 9/9/2023. (nce)
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| Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #24 Amended Complaint/Amended Notice of Removal, Unopposed Motion for Additional 10-Day Extension to Respond to Amended Complaint by EAST HUDSON CAPITAL, LLC, WHITE ROAD CAPITAL, LLC. Attorney Juan Carlos Zorrilla added to party WHITE ROAD CAPITAL, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Zorrilla, Juan) |
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Filing 34
PAPERLESS ORDER granting #31 Plaintiffs' Unopposed Motion to Enlarge Deadline and Page Limit to Respond to Motion to Dismiss Amended Complaint. Plaintiffs shall respond to #30 Defendants, Madison Gold, LLC, Jan S. Wimpfheimer, and Schwell Wimpfheimer & Associates, LLP's Joint Motion to Dismiss on or before September 15, 2023. Plaintiffs' response shall not exceed thirty-five (35) pages in length. Signed by Judge Darrin P. Gayles on 9/5/2023. (nce)
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Filing 33
PAPERLESS ORDER granting #29 Defendant East Hudson Capital, LLC's Unopposed Motion for Extension of Time. Defendant East Hudson Capital, LLC shall file an Answer or other responsive pleading on or before September 8, 2023. Signed by Judge Darrin P. Gayles on 9/5/2023. (nce)
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Filing 32
PAPERLESS ORDER granting #28 Defendants, Madison Gold, LLC, Jan S. Wimpfheimer, and Schwell Wimpfheimer & Associates, LLP's Motion for Extension of Time to File Response to Amended Complaint and Unopposed Motion for Page Limit Extension. Defendants, Madison Gold, LLC, Jan S. Wimpfheimer, and Schwell Wimpfheimer & Associates, LLP's Joint Motion to Dismiss, [ECF No. 30], is deemed timely and within the appropriate page limits. Signed by Judge Darrin P. Gayles on 9/5/2023. (nce)
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| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #30 Joint MOTION TO DISMISS #24 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM Joint MOTION to Dismiss for Lack of Jurisdiction #24 Amended Complaint/Amended Notice of Removal, , Unopposed MOTION for Leave to File Excess Pages by JOSHUA HERMELIN(Successor Trustee on behalf of the SNOW WHITE TRUST II UAD July 3, 2020), David Hermelin, Joshua Hermelin(an individual), Michael Hermelin, ROSH CHODESH II LIMITED PARTNERSHIP. (Attachments: #1 Text of Proposed Order)(Silver, David) |
| Filing 30 Joint MOTION TO DISMISS #24 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM , Joint MOTION to Dismiss for Lack of Jurisdiction #24 Amended Complaint/Amended Notice of Removal, ( Responses due by 9/1/2023) by MADISON GOLD, LLC, SCHWELL WIMPFHEIMER & ASSOCIATES, LLP, JAN S. WIMPFHEIMER. (Molinaro, Jeffrey) |
| Filing 29 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #24 Amended Complaint/Amended Notice of Removal, by EAST HUDSON CAPITAL, LLC. (Attachments: #1 Text of Proposed Order)(Zorrilla, Juan) |
| Filing 28 Unopposed MOTION for Leave to File Excess Pages , Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #24 Amended Complaint/Amended Notice of Removal, by MADISON GOLD, LLC, SCHWELL WIMPFHEIMER & ASSOCIATES, LLP, JAN S. WIMPFHEIMER. Attorney Jeffrey James Molinaro added to party JAN S. WIMPFHEIMER(pty:dft). (Molinaro, Jeffrey) |
| Filing 27 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 on 8/4/2023. (nce) |
| Filing 26 Summons Issued as to WHITE ROAD CAPITAL, LLC. (cds) |
| Filing 25 NOTICE of Filing Proposed Summons by JOSHUA HERMELIN(Successor Trustee on behalf of the SNOW WHITE TRUST II UAD July 3, 2020), David Hermelin, Joshua Hermelin, Michael Hermelin, ROSH CHODESH II LIMITED PARTNERSHIP Civil Action Summons - White Road Capital, LLC (Silver, David) Modified Text on 8/1/2023 (cds). |
| Filing 24 AMENDED COMPLAINT for Damages and Equitable Relief against EAST HUDSON CAPITAL, LLC, MADISON GOLD, LLC, SCHWELL WIMPFHEIMER & ASSOCIATES, LLP, JAN S. WIMPFHEIMER, WHITE ROAD CAPITAL, LLC filed in response to Order Granting Motion for Leave, filed by JOSHUA HERMELIN, ROSH CHODESH II LIMITED PARTNERSHIP, David Hermelin, Michael Hermelin, Joshua Hermelin.(Silver, David) |
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Filing 23
PAPERLESS ORDER granting #22 Plaintiffs' Unopposed Motion to Enlarge Deadline to File Amended Complaint. Plaintiffs shall file their Amended Complaint on or before July 31, 2023. Signed by Judge Darrin P. Gayles on 7/20/2023. (nce)
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| Filing 22 Unopposed MOTION for Extension of Time to Amend Complaint by JOSHUA HERMELIN, ROSH CHODESH II LIMITED PARTNERSHIP. Responses due by 8/2/2023 (Attachments: #1 Text of Proposed Order)(Silver, David) |
| Filing 21 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by EAST HUDSON CAPITAL, LLC identifying Other Affiliate Katie Musheyev, Other Affiliate Mikhael Musheyev, Other Affiliate Lenny Meyer Musheyev, Other Affiliate Maya Musheyev, Other Affiliate Ecaterina Timenesto, Other Affiliate The Mentor 6295 Trust, Other Affiliate Yulia Eliyayev, Other Affiliate Michele Eliyayev, Other Affiliate Lior Hai Eliyayev, Other Affiliate The Zermatt Asia Trust, Other Affiliate Michael C. Wimpfheimer, Other Affiliate Susanne Wimpfheimer, Other Affiliate Barry S. Wimpfheimer, Other Affiliate The Yalo Trust, Other Affiliate Sheryl Ann Fulda, Other Affiliate Ayala Tova Deach, Other Affiliate Joel Moses Fulda, Other Affiliate The TT&T KLM Trust for EAST HUDSON CAPITAL, LLC (Zorrilla, Juan) |
| Filing 20 Clerk's Notice to Filer re #19 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. Mikhael Musheyev, Katie Musheyev, Lenny Meyer Musheyev, Maya Musheyev, Ecaterina, Yulia Eliyayev Timenesto, Lior Hai Eliyayev, Michele Eliyayev, The Zermatt Asia Trust, Sheryl Ann Fulda, Ayala Tova Deach, Joel Moses Fulda (cds) |
| Filing 19 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by EAST HUDSON CAPITAL, LLC (Zorrilla, Juan) |
| Filing 18 Plaintiff's Corporate Disclosure Statement by JOSHUA HERMELIN, ROSH CHODESH II LIMITED PARTNERSHIP identifying Other Affiliate Joshua Hermelin, Other Affiliate Rosh Chodesh I & II Management, LLC, Other Affiliate David Hermelin, Other Affiliate Michael Hermelin, Other Affiliate Aviva Aranov for ROSH CHODESH II LIMITED PARTNERSHIP (Silver, David) |
| Filing 17 Defendant's Corporate Disclosure Statement by MADISON GOLD, LLC identifying Other Affiliate Jan Wimpfheimer Madison Gold, LLC, Other Affiliate Fingerer Sarah Madison Gold, LLC, Other Affiliate Rosh Chodesh II Limited Partner Madison Gold, LLC, Other Affiliate Snow White II Trust UAC Madison Gold, LLC, Other Affiliate David S. Hermelin Madison Gold, LLC, Other Affiliate Joshua C. Hermelin Madison Gold, LLC, Other Affiliate Micheal J. Hermelin Madison Gold, LLC for MADISON GOLD, LLC (Molinaro, Jeffrey) |
| Filing 16 Defendant's Corporate Disclosure Statement Certificate of Interested Parties by SCHWELL WIMPFHEIMER & ASSOCIATES, LLP identifying Corporate Parent SCHWELL WIMPFHEIMER & ASSOCIATES, LLP, Other Affiliate JAN S. WIMPFHEIMER, Other Affiliate Tuvyah Aronoff, Other Affiliate Ely Kronenberg, Other Affiliate Dov Schwell, Other Affiliate Melinda Spitzer, Other Affiliate Michael Hughes for SCHWELL WIMPFHEIMER & ASSOCIATES, LLP (Drake, Kenneth) |
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Filing 15
OMNIBUS ORDER denying as moot #10 Motion for Extension of Time to File Response/Reply/Answer ; denying as moot #11 Motion for Extension of Time to File Response/Reply/Answer ; denying as moot #13 Motion for Extension of Time to File Response/Reply/Answer. Amended Complaint due by 7/21/2023. Signed by Judge Darrin P. Gayles on 7/7/2023. See attached document for full details. (nwn)
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| Filing 14 WAIVER OF SERVICE Returned Executed by ROSH CHODESH II LIMITED PARTNERSHIP, JOSHUA HERMELIN. JAN S. WIMPFHEIMER waiver sent on 7/5/2023, response/answer due 10/3/2023. (Silver, David) |
| Filing 13 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Complaint by SCHWELL WIMPFHEIMER & ASSOCIATES, LLP. (Attachments: #1 Text of Proposed Order Proposed Order On Unopposed Motion for Extension of Time to File Response to Complaint)(Drake, Kenneth) |
| Filing 12 NOTICE of Attorney Appearance by Kenneth Russell Drake on behalf of SCHWELL WIMPFHEIMER & ASSOCIATES, LLP. Attorney Kenneth Russell Drake added to party SCHWELL WIMPFHEIMER & ASSOCIATES, LLP(pty:dft). (Drake, Kenneth) |
| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by EAST HUDSON CAPITAL, LLC. Attorney Juan Carlos Zorrilla added to party EAST HUDSON CAPITAL, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Zorrilla, Juan) |
| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by MADISON GOLD, LLC. (Attachments: #1 Text of Proposed Order)(Molinaro, Jeffrey) |
| Filing 9 NOTICE of Attorney Appearance by Jeffrey James Molinaro on behalf of MADISON GOLD, LLC. Attorney Jeffrey James Molinaro added to party MADISON GOLD, LLC(pty:dft). (Molinaro, Jeffrey) |
| Filing 8 NOTICE of Attorney Appearance by Christopher Mark David on behalf of MADISON GOLD, LLC. Attorney Christopher Mark David added to party MADISON GOLD, LLC(pty:dft). (David, Christopher) |
| Filing 7 NOTICE of Attorney Appearance by Allan Aaron Joseph on behalf of MADISON GOLD, LLC. Attorney Allan Aaron Joseph added to party MADISON GOLD, LLC(pty:dft). (Joseph, Allan) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROSH CHODESH II LIMITED PARTNERSHIP, JOSHUA HERMELIN. EAST HUDSON CAPITAL, LLC served on 6/12/2023, response/answer due 7/3/2023. (Silver, David) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROSH CHODESH II LIMITED PARTNERSHIP, JOSHUA HERMELIN. MADISON GOLD, LLC served on 6/12/2023, response/answer due 7/3/2023. (Silver, David) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROSH CHODESH II LIMITED PARTNERSHIP, JOSHUA HERMELIN. SCHWELL WIMPFHEIMER & ASSOCIATES, LLP served on 6/12/2023, response/answer due 7/3/2023. (Silver, David) |
| Filing 3 Summons Issued as to EAST HUDSON CAPITAL, LLC, MADISON GOLD, LLC, SCHWELL WIMPFHEIMER & ASSOCIATES, LLP, JAN S. WIMPFHEIMER. (nwn) |
| 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. (nwn) |
| Filing 1 COMPLAINT for Damages and Equitable Relief against EAST HUDSON CAPITAL, LLC, MADISON GOLD, LLC, SCHWELL WIMPFHEIMER & ASSOCIATES, LLP, JAN S. WIMPFHEIMER. Filing fees $ 402.00 receipt number AFLSDC-16682134, filed by ROSH CHODESH II LIMITED PARTNERSHIP, JOSHUA HERMELIN, Successor Trustee on behalf of the SNOW WHITE TRUST II UAD July 3, 2020. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Jan S. Wimpfheimer, #3 Summon(s) Madison Gold, LLC, #4 Summon(s) Schwell Wimpfheimer & Associates, LLP, #5 Summon(s) East Hudson Capital, LLC)(Silver, David) |
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