Sallah v. Insurance and Financial Health Services, Inc. et al
| Sallah and James D. Sallah not individually, but solely in his capacity as Court-Appointed Receiver for JCS Enterprises Inc., doing business as JCS Enterprises Services Inc., T.B.T.I. Inc., My Gee Bo, Inc., JOLA Enterprise, Inc. and PSCS Holdings, LLC |
| Insurance and Financial Health Services, Inc, Insurance and Financial Health Services, Inc., John Marshall, Tracy M Spaeth, James C Purdy, Purdy Heritage, LLC, Diane Kaufman, Richard L Kaufman, Stewart Joshua Schlinsky, Marc Alexander Schlinsky, Producers Edge, Inc., Trevor Harbour, Heather Harbour, AKL Financial Services, Inc., Alan Kaplan and Darryl P Demarco |
| 9:2016cv80035 |
| January 7, 2016 |
| US District Court for the Southern District of Florida |
| West Palm Beach Office |
| Palm Beach |
| Kenneth A Marra |
| William Matthewman |
| Other Statutory Actions |
| 28 U.S.C. § 0754 Receiver of Property in Different Districts |
| None |
Docket Report
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| Filing 82 Clerk's Second Notice of Undeliverable Mail re #77 Order on Motion for Clarification, #78 Clerk's Notice (Other). US Mail returned for: John Marshall. The Court has not located an updated address for this party. Notices from the Court will no longer be sent to this party in this case until a correct address is provided. (drz) |
| Filing 81 CLERK'S NOTICE OF COMPLIANCE re #80 AMENDED ORDER DENYING DEFENDANT RICHARD L. KAUFMAN'S MOTION FOR CLARIFICATION [DE 76] mailed to Defendant Richard L. Kaufman (kza) |
Filing 80
AMENDED ORDER DENYING DEFENDANT RICHARD L. KAUFMAN'S MOTION FOR CLARIFICATION [DE 76] re #77 Order on Motion for Clarification Signed by Magistrate Judge William Matthewman on 2/1/2018. (kza)
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| Filing 79 Clerk's First Notice of Undeliverable Mail re #73 Order Referring Motion,,. US Mail returned for: John Marshall. The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (drz) |
| Filing 78 CLERK'S NOTICE of Compliance re #77 ORDER denying #76 Motion for Clarification. Copy of order mailed to Defendant. (pes) (pes) |
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Filing 77
ORDER denying #76 Motion for Clarification. Signed by Magistrate Judge William Matthewman on 1/24/2018. (pes)
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| Filing 76 MOTION for clarification Re: #75 Order on Motion for Order to Show Cause by Richard L Kaufman. Responses due by 1/31/2018 (pes) |
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Filing 75
ORDER FOR DEFENDANT RICHARD KAUFMAN TO SHOW CAUSE:granting #72 Motion for Order to Show Cause. Signed by Magistrate Judge William Matthewman on 1/4/2018. (kza)
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Filing 74
ORDER FOR DEFENDANT DARRYL DEMARCO TO SHOW CAUSEgranting #71 Motion for Order to Show Cause. Signed by Magistrate Judge William Matthewman on 1/4/2018. (kza)
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Filing 73
ORDER REFERRING #71 Plaintiff's MOTION for Order to Show Cause Directed to Defendant Darryl Demarco for Failure to Complete Fact Information Sheet, Form 1.977, Pursuant to Court Orders filed by James D. Sallah, #72 Plaintiff's MOTION for Order to Show Cause Directed to Defendant Richard Kaufman for Failure to Complete Fact Information Sheet, Form 1.977, Pursuant to Court Orders filed by James D. Sallah. Motions referred to Judge William Matthewman. Signed by Judge Kenneth A. Marra on 12/14/2017. (ir)
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| Filing 72 Plaintiff's MOTION for Order to Show Cause Directed to Defendant Richard Kaufman for Failure to Complete Fact Information Sheet, Form 1.977, Pursuant to Court Orders by James D. Sallah. (Attachments: #1 Exhibit A - Copy of Correspondence to Richard Kaufman, #2 Text of Proposed Order)(Katz, Joshua) |
| Filing 71 Plaintiff's MOTION for Order to Show Cause Directed to Defendant Darryl Demarco for Failure to Complete Fact Information Sheet, Form 1.977, Pursuant to Court Orders by James D. Sallah. (Attachments: #1 Exhibit A - Copy of Correspondence to Defendant Darryl Demarco, #2 Text of Proposed Order)(Katz, Joshua) |
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Filing 70
ORDER CLOSING CASE. Producers Edge, Inc. (an Arizona corporation), James C Purdy (an individual), Purdy Heritage, LLC (an Indiana limited liability company), Marc Alexander Schlinsky (an individual), Stewart Joshua Schlinsky (an individual), Tracy M Spaeth (an individual), Heather Harbour (an individual) and Trevor Harbour (an individual) terminated. Notice of Termination delivered by US Mail to Heather Harbour, Trevor Harbour, James Purdy, Marc Schlinsky, Stewart Schlinsky. Any pending motions are denied as moot. This case is CLOSED. Signed by Judge Kenneth A. Marra on 8/14/2017. (ir)
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| Filing 69 FINAL JUDGMENT AS TO DEFENDANTS AKL Financial Services, Inc. and Alan Kaplan. Signed by Judge Kenneth A. Marra on 8/14/2017. (ir) |
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Filing 68
ORDER granting #54 Motion for Default Judgment. Signed by Judge Kenneth A. Marra on 8/14/2017. (ir)
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Filing 67
ORDER granting #57 Motion to Compel Insurance and Financial Health Services, Inc. to complete fact information sheet, Form 1.977. Signed by Judge Kenneth A. Marra on 8/14/2017. (ir)
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Filing 66
ORDER granting #56 Motion to Compel Richard Kaufman to complete fact information sheet, Form 1.977. Signed by Judge Kenneth A. Marra on 8/14/2017. (ir)
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Filing 65
ORDER granting #55 Motion to Compel Darryl DeMarco to complete fact information sheet Form 1.977. Signed by Judge Kenneth A. Marra on 8/14/2017. (ir)
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| Filing 64 SATISFACTION OF JUDGMENT re #52 Judgment against Marc Alexander Schlinsky by James D. Sallah (Katz, Joshua) |
| Civil Case Terminated. (ir) 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 63
ORDER granting #59 Motion for Settlement. Signed by Judge Kenneth A. Marra on 1/3/2017. (ir)
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Filing 62
ORDER granting #61 Motion to Seal for 120 days. Signed by Judge Kenneth A. Marra on 1/3/2017. (ir)
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| Filing 61 Unopposed MOTION to Seal Settlement Agreement with Stewart Joshua Schlinsky and Marc Alexander Schlinsky per Local Rule 5.4 by James D. Sallah. (Attachments: #1 Text of Proposed Order) (Katz, Joshua) |
| Filing 59 Unopposed MOTION for Settlement with Stewart Joshua Schlinsky and Marc Alexander Schlinsky by James D. Sallah. Responses due by 1/10/2017 (Attachments: #1 Exhibit A - Redacted Settlement with Stewart Joshua Schlinsky and Marc Alexander Schlinsky, #2 Exhibit B - Proposed Order, #3 Exhibit C - Order Granting Receiver's Motion to Engage Counsel on a Contingency Fee Basis)(Katz, Joshua) |
| SYSTEM ENTRY - Docket Entry 60 [misc] restricted/sealed until further notice. (1012843) |
| Filing 58 Clerks Notice to Filer re #57 Plaintiff's MOTION to Compel Judgment Debtor to Complete Fact Information Sheet in accordance with Judgment, #56 Plaintiff's MOTION to Compel Judgment Debtor to Complete Fact Information Sheet in accordance with Judgment. 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 correction was made by the Clerk. It is not necessary to refile the document. (ls) |
| Filing 57 Plaintiff's MOTION to Compel Insurance and Financial Health Services, Inc., to Complete Fact Information Sheet, Form 1.977 by James D. Sallah. Responses due by 12/5/2016 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Katz, Joshua) Modified Text on 11/17/2016 (ls). |
| Filing 56 Plaintiff's MOTION to Compel Richard Kaufman to Complete Fact Information Sheet, Form 1.977 by James D. Sallah. Responses due by 12/5/2016 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Katz, Joshua) Modified Text on 11/17/2016 (ls). |
| Filing 55 Plaintiff's MOTION to Compel Darryl Demarco to Complete Fact Information Sheet 1.977 in Accordance with this Court's Judgment (DE 49) by James D. Sallah. Responses due by 11/17/2016 (Attachments: #1 Exhibit A - Correspondence Delivered to Darryl Demarco Enclosing Judgment and Fact Information Sheet 1.977, #2 Text of Proposed Order)(Katz, Joshua) |
| Filing 54 Plaintiff's MOTION for Default Judgment against Defendants Alan Kaplan and AKL Financial Services, Inc. by James D. Sallah. (Attachments: #1 Exhibit A - Requests for Admission, #2 Exhibit B - Affidavit of Providence Bank, #3 Exhibit C - Copies of Checks Transferred to Defendants, #4 Exhibit D - Proposed Final Default Judgment)(Katz, Joshua) |
| Filing 53 FINAL JUDGMENT in favor of James D. Sallah against Stewart Joshua Schlinsky. Signed by Judge Kenneth A. Marra on 7/18/2016. (ir) |
| Filing 52 FINAL JUDGMENT in favor of James D. Sallah against Marc Alexander Schlinsky. Signed by Judge Kenneth A. Marra on 7/18/2016. (ir) |
| Filing 51 FINAL JUDGMENT in favor of James D. Sallah against Richard L Kaufman. Signed by Judge Kenneth A. Marra on 7/18/2016. (ir) |
| Filing 50 FINAL JUDGMENT in favor of James D. Sallah against Insurance and Financial Health Services, Inc. Signed by Judge Kenneth A. Marra on 7/18/2016. (ir) |
| Filing 49 FINAL JUDGMENT in favor of James D. Sallah against Darryl P Demarco. Signed by Judge Kenneth A. Marra on 7/18/2016. (ir) |
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Filing 48
ORDER granting #46 Motion for Default Judgment. Signed by Judge Kenneth A. Marra on 7/18/2016. (ir)
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| Filing 47 Clerk's First Notice of Undeliverable Mail re #45 Clerks Entry/Non-Entry of Default. US Mail returned for: Alan Kaplan. The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (drz) |
| Filing 46 Plaintiff's MOTION for Judgment , MOTION for Default Judgment by James D. Sallah. (Attachments: #1 Exhibit A - Declaration of Richard Renshaw - Part 1, #2 Exhibit A - Declaration of Richard Renshaw - Part 2, #3 Exhibit A - Declaration of Richard Renshaw - Part 3, #4 Exhibit B - Affadavit of James Haslag, Providence Bank, #5 Exhibit C - Copies of Checks Sent to IFHS, #6 Exhibit D - Copies of Checks Sent to Kaufman, #7 Exhibit E - Copies of Checks Sent to Demarco, #8 Exhibit F - Copies of Checks Sent to S. Schlinsky, #9 Exhibit G - Copies of Checks Sent to M. Schlinsky, #10 Exhibit H - Proposed Judgment IFHS, #11 Exhibit I - Proposed Judgment Demarco, #12 Exhibit J - Proposed Judgment Kaufman, #13 Exhibit K - Proposed Judgment S. Schlinsky, #14 Exhibit L - Proposed Judgment M. Schlinsky)(Katz, Joshua) |
| Filing 45 Clerks Entry of Default as to AKL Financial Services, Inc., Alan Kaplan - Motions Terminated: #39 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 6/21/2016. (ls) |
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Filing 44
ORDER granting #42 Motion to Seal Settlement Agreement for 120 days or until further order of this Court. Signed by Judge Kenneth A. Marra on 6/20/2016. (ir)
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Filing 43
ORDER APPROVING #40 Motion for Settlement. Signed by Judge Kenneth A. Marra on 6/20/2016. (ir)
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| Filing 42 Unopposed MOTION to Seal Settlement Agreement for 120 Days or until Further Order of Court, whichever Comes Earlier per Local Rule 5.4 by James D. Sallah. (Attachments: #1 Text of Proposed Order) (Katz, Joshua) |
| Filing 40 Unopposed MOTION for Settlement for Approval of Settlement with Defendants James Purdy and Purdy Heritage, LLC by James D. Sallah. Responses due by 7/8/2016 (Attachments: #1 Exhibit A - Redacted Settlement Agreement with Defendants James Purdy and Purdy Heritage, LLC, #2 Exhibit B - Text of Proposed Order, #3 Exhibit C - Order Granting Receiver's Motion to Engage Counsel on a Contingency Fee Basis)(Katz, Joshua) |
| Filing 39 Plaintiff's MOTION for Clerks Entry of Default as to AKL Financial Services, Inc., Alan Kaplan by James D. Sallah. (Attachments: #1 Affidavit Affidavit of the Receiver James D. Sallah in Support of Motion for Clerk's Entry of Default against Defendants Alan Kaplan and AKL Financial Services, Inc.)(Katz, Joshua) |
| SYSTEM ENTRY - Docket Entry 41 [misc] restricted/sealed until further notice. (1012843) |
| Filing 38 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by James D. Sallah. (Katz, Joshua) |
| Filing 37 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by James D. Sallah. (Katz, Joshua) |
| Filing 36 NOTICE of Striking #33 Summons Returned Executed filed by James D. Sallah, #34 Summons Returned Executed filed by James D. Sallah by James D. Sallah (Katz, Joshua) |
| Filing 35 Clerks Notice to Filer re #33 Summons Returned Executed, #34 Summons Returned Executed. Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (ls) |
| Filing 34 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by James D. Sallah. Alan Kaplan served on 5/11/2016, answer due 6/1/2016. (Katz, Joshua) |
| Filing 33 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by James D. Sallah. AKL Financial Services, Inc. served on 5/11/2016, answer due 6/1/2016. (Katz, Joshua) |
| Filing 32 Clerk's Second Notice of Undeliverable Mail re 29 Order on Motion to Seal, 28 Order on Motion to Amend/Correct, #30 Order on Motion for Settlement, 27 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, #31 Order, Terminate Parties. US Mail returned for: Darryl P. Demarco. The Court has not located an updated address for this party. Court notices will no longer be sent to this party in this case until a correct address is provided. (drz) |
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Filing 31
ORDER re #25 Notice of Voluntary Dismissal filed by James D. Sallah. Diane Kaufman (an individual) terminated. Signed by Judge Kenneth A. Marra on 5/9/2016. (ir)
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Filing 30
ORDER granting #22 Motion to approve Settlement. Signed by Judge Kenneth A. Marra on 5/9/2016. (ir)
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Filing 29
ENDORSED ORDER granting #24 Motion to Seal Settlement Agreement. Signed by Judge Kenneth A. Marra on 5/9/2016. (ir)
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Filing 28
ENDORSED ORDER granting #26 Motion to Modify Order requiring counsel to confer. Signed by Judge Kenneth A. Marra on 5/9/2016. (ir)
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| Filing 27 Clerks Notice to Filer re #26 Unopposed MOTION for Extension of Time to Comply with Court Order (DE 6) re #6 Order Requiring Joint Scheduling Report. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 26 Unopposed MOTION to Amend/Modify #6 Order Requiring Joint Scheduling Report by James D. Sallah. Responses due by 5/23/2016 (Attachments: #1 Text of Proposed Order)(Katz, Joshua) Modified Relief on 5/9/2016 (ls). |
| Filing 25 NOTICE of Voluntary Dismissal of Claims against Defendant Diane Kaufman by James D. Sallah (Katz, Joshua) |
| Filing 24 Unopposed MOTION to Seal Settlement Agreement for 120 Days or until Further Order of Court, whichever Comes Earlier per Local Rule 5.4 by James D. Sallah. (Attachments: #1 Text of Proposed Order) (Katz, Joshua) |
| Filing 22 Unopposed MOTION for Settlement Approval by James D. Sallah. Responses due by 5/23/2016 (Attachments: #1 Exhibit A - Redacted Settlement Agreement with Tracy Spaeth, #2 Exhibit B - Text of Proposed Order, #3 Exhibit C - Order Granting Receiver's Motion to Engage Counsel on a Contingency Fee Basis)(Katz, Joshua) Modified Text on 5/9/2016 (ls). |
| SYSTEM ENTRY - Docket Entry 23 [misc] restricted/sealed until further notice. (1012843) |
| Filing 21 Clerk's First Notice of Undeliverable Mail re 20 Order on Motion for Extension of Time. US Mail returned for: Darryl P. Demarco. The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (drz) |
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Filing 20
ENDORSED ORDER granting #19 Motion for Extension of an additional 45 days to serve defendants Alan Kaplan and AKL Financial Services, Inc. Signed by Judge Kenneth A. Marra on 4/11/2016. (ir)
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| Filing 19 Plaintiff's MOTION for Extension of Time to Serve Defendants Alan Kaplan and AKL Financial Services, Inc. with Process re #6 Order Requiring Joint Scheduling Report by James D. Sallah. Responses due by 4/25/2016 (Attachments: #1 Text of Proposed Order)(Katz, Joshua) |
| Filing 18 Clerks Entry of Default as to Richard L. Kaufman - Motions Terminated: #17 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 4/7/2016. (ls) |
| Filing 17 Plaintiff's MOTION for Clerks Entry of Default as to Richard L Kaufman by James D. Sallah. (Attachments: #1 Exhibit A - Affidavit of James D. Sallah, Esq.)(Katz, Joshua) |
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Filing 16
ORDER granting #13 Motion to Seal for 120 days. Signed by Judge Kenneth A. Marra on 3/10/2016. (ir)
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Filing 15
ORDER approving #11 Motion for Settlement. Signed by Judge Kenneth A. Marra on 3/10/2016. (ir)
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Filing 14
ORDER by Clerk of Entry of Default re #10 Motion for Clerks Entry of Default as to John Marshall, Insurance and Financial Health Services, Inc., Stewart Joshua Schlinsky, Marc Alexander Schlinsky, Darryl P. Demarco. Signed by DEPUTY CLERK on 3/9/2016. (cbr)
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| Filing 13 Unopposed MOTION to Seal Settlement Agreement for 120 Days or until Further Order of Court, whichever Comes Earlier per Local Rule 5.4 by James D. Sallah. (Attachments: #1 Text of Proposed Order) (Katz, Joshua) |
| Filing 11 Unopposed MOTION for Settlement with Defendants Trevor and Heather Harbour and Producers Edge, Inc. by James D. Sallah. Responses due by 3/25/2016 (Attachments: #1 Exhibit A - Redacted Settlement Agreement with Trevor and Heather Harbour and Producers Edge, Inc., #2 Exhibit B - Text of Proposed Order, #3 Exhibit C - Order Granting Receiver's Motion to Engage Counsel on a Contingency Fee Basis)(Katz, Joshua) |
| Filing 10 Plaintiff's MOTION for Clerks Entry of Default as to Darryl P Demarco, Insurance and Financial Health Services, Inc., John Marshall, Marc Alexander Schlinsky, Stewart Joshua Schlinsky by James D. Sallah. (Attachments: #1 Affidavit of the Receiver James D. Sallah, Esq.)(Katz, Joshua) |
| SYSTEM ENTRY - Docket Entry 12 [misc] restricted/sealed until further notice. (1012843) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by James D. Sallah. Marc Alexander Schlinsky served on 2/10/2016, answer due 3/2/2016; Stewart Joshua Schlinsky served on 2/10/2016, answer due 3/2/2016. (Attachments: #1 Exhibit A)(Katz, Joshua) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by James D. Sallah. Darryl P Demarco served on 2/10/2016, answer due 3/2/2016; Insurance and Financial Health Services, Inc. served on 2/10/2016, answer due 3/2/2016; John Marshall served on 2/10/2016, answer due 3/2/2016; Tracy M Spaeth served on 2/10/2016, answer due 3/2/2016. (Attachments: #1 Exhibit A)(Katz, Joshua) |
| Filing 7 WAIVER OF SERVICE Returned Executed by James D. Sallah. Richard L Kaufman waiver sent on 1/8/2016, answer due 3/8/2016; James C Purdy waiver sent on 1/8/2016, answer due 3/8/2016. (Attachments: #1 Exhibit A)(Katz, Joshua) |
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Filing 6
Order Requiring Counsel to Confer and File Joint Scheduling Report. Signed by Judge Kenneth A. Marra on 1/8/2016. (ir)
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| Filing 5 Summons Issued as to AKL Financial Services, Inc., Darryl P. Demarco, Heather Harbour, Trevor Harbour, Insurance and Financial Health Services, Inc., Alan Kaplan, Diane Kaufman, Richard L. Kaufman, John Marshall, Producers Edge, Inc., James C. Purdy, Purdy Heritage, LLC, Marc Alexander Schlinsky, Stewart Joshua Schlinsky, Tracy M. Spaeth. (ls) |
| Filing 4 NOTICE of Filing Proposed Summons(es) by James D. Sallah (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s), #8 Summon(s), #9 Summon(s), #10 Summon(s), #11 Summon(s), #12 Summon(s), #13 Summon(s), #14 Summon(s), #15 Summon(s)) (Katz, Joshua) |
| Filing 3 Clerks Notice to Filer re: Summons(es) cannot be issued. Attorney or Pro Se party's return address is not listed. (jc) |
| Filing 2 Judge Assignment to Judge Kenneth A. Marra (jc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-8380535, filed by James D. Sallah. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - TBTI-Investors Unlimited Agreement, #3 Exhibit B - Purdy Investment Schedule, #4 Exhibit C - Kaufman Investment Schedule, #5 Exhibit D - Harbour Investment Schedule, #6 Exhibit E - Spaeth Investment Schedule, #7 Summon(s), #8 Summon(s), #9 Summon(s), #10 Summon(s), #11 Summon(s), #12 Summon(s), #13 Summon(s), #14 Summon(s), #15 Summon(s), #16 Summon(s), #17 Summon(s), #18 Summon(s), #19 Summon(s), #20 Summon(s), #21 Summon(s))(Katz, Joshua) |
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