Nair et al v. Patel et al
| Savi-HFC, LLC also known as Savi Hospitality Catering Services, LLC doing business as Savi Provisions, Savi Provisions, LLC, Savi Hospitality Catering Services, LLC, Tuxedo Wine & Spirits, LLC doing business as Savi Provisions, Savi @ Ponce West, LLC doing business as Savi Provisions, American Energy Companies, LLC doing business as Savi Provisions and Paul Nair |
| Ritaben Patel, Ashokkumar V. Cementwala, John Does 1-10 and Rita Patel |
| 1:2021cv01217 |
| March 24, 2021 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 35 Corporate Disclosure Statement by American Energy Companies, LLC, Paul Nair, Savi @ Ponce West, LLC, Savi Provisions, LLC, Savi-HFC, LLC, Tuxedo Wine & Spirits, LLC.(Ward, Kevin) |
| Filing 34 RESPONSE in Opposition re #31 MOTION to Dismiss filed by American Energy Companies, LLC, Paul Nair, Savi @ Ponce West, LLC, Savi Provisions, LLC, Savi-HFC, LLC, Tuxedo Wine & Spirits, LLC. (Ward, Kevin) |
Filing 33
ORDER granting #32 Motion for Leave to File. This matter is before the Court of Plaintiffs' Unopposed Motion for Leave to File Out of Time Response to Defendants' Rule 12(b)(6) Motion to Dismiss [Doc. #31 ]. Plaintiffs move this Court for leave to file their response to Defendants' motion to dismiss on or before May 20, 2021. For good cause shown, and with no opposition from Defendants, the Motion is GRANTED. Signed by Judge Leigh Martin May on 5/18/2021. (tmf)
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| Filing 32 Unopposed MOTION for Leave to File Out of Time Response to Defendants' Rule 12(b)(6) Motion to Dismiss [Doc. 31] with Brief In Support by American Energy Companies, LLC, Paul Nair, Savi @ Ponce West, LLC, Savi Provisions, LLC, Savi-HFC, LLC, Tuxedo Wine & Spirits, LLC. (Attachments: #1 Text of Proposed Order)(Ward, Kevin) |
| Submission of #31 MOTION to Dismiss, to District Judge Leigh Martin May. (tmf) |
| Filing 31 MOTION to Dismiss by Ashokkumar V. Cementwala, Ritaben Patel. (tmf) |
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Filing 30
ORDER granting #28 Motion for Leave to File. This matter is before the Court on Defendant's Motion for Leave to File One Day Out of Time #28 . Defendants move this Court for leave to file their motion to dismiss one day out of time. For good cause shown, and with no opposition from Plantiffs, the Motion is GRANTED. The Clerk is DIRECTED to docket Defendants Rule 12(b)(6) Motion to Dismiss as of the date of this Order. Signed by Judge Leigh Martin May on 4/29/2021. (tmf)
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Filing 29
ORDER: This matter came before the Court on April 13, 2021 on Defendants' Emergency Motion to Quash Subpoenas [Doc. #15 ]. Defense counsel acknowledged that, since Defendants' Motions to Dismiss [Docs. #13 & #14 ] had been rendered moot by Plaintiffs' Amended Complaint, there was no legal basis for the Motion to Quash. Accordingly, the Motion to Quash Subpoenas [Doc. #15 ] is DENIED. Signed by Judge Leigh Martin May on 4/27/2021. (tmf)
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| Filing 28 MOTION for Leave to File One Day out of Time by Ritaben Patel. (Parker, Wilmer) Modified on 4/28/2021 to edit duplicative text(tmf). |
| Filing 27 Minute Entry for proceedings held before Judge Leigh Martin May: Telephone Conference held on 4/13/2021. #15 Motion to Quash DENIED. The Court held a telephone conference to discuss Defendants' Emergency Motion to Quash Subpoenas #15 . Defense counsel acknowledged that, since Defendants' motion to dismiss had been rendered moot by Plaintiffs' Amended Complaint, there was no legal basis for the motion to quash. The Court ORALLY DENIED the Motion to Quash Subpoenas #15 . (Court Reporter Montrell Vann)(tmf) |
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Filing 26
ORDER: This matter is before the Court on a sua sponte review. Plaintiffs filed an Amended Complaint on April 12, 2021. Accordingly, Defendants' motions to dismiss the original Complaint [Docs. #13 & #14 ] are DENIED AS MOOT. Signed by Judge Leigh Martin May on 4/13/2021. (tmf)
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| Filing 25 NOTICE Of Filing Emails by American Energy Companies, LLC, Paul Nair, Savi @ Ponce West, LLC, Savi Provisions, LLC, Savi-HFC, LLC, Tuxedo Wine & Spirits, LLC re #18 Response in Opposition to Motion, (Attachments: #1 Exhibit 1 - March 8, 2021 Emails between Patel and Heartland Payment Processing)(Ward, Kevin) |
| Filing 24 AFFIDAVIT re #18 Response in Opposition to Motion, AFFIDAVIT OF PAUL NAIR in Support of Doc 18 by American Energy Companies, LLC, Paul Nair, Savi @ Ponce West, LLC, Savi Provisions, LLC, Savi-HFC, LLC, Tuxedo Wine & Spirits, LLC. (Attachments: #1 Exhibit 1 - Business Card of Manager Stephen L. Pace, #2 Exhibit 2 - July 27, 2016 Vacation Email, #3 Exhibit 3 - August 13, 2018 Vacation Email, #4 Exhibit 4 - May 8, 2019 Vacation Email, #5 Exhibit 5 - May 31, 2019 Vacation Email, #6 Exhibit 6 - June 2019 Vacation Photo, #7 Exhibit 7 - October 21, 2019 Vacation Email, #8 Exhibit 8 - December 2019 Vacation Emails, #9 Exhibit 9 - June 5, 2020 Sick Day Email, #10 Exhibit 10 - June 23, 2020 Sick Day Email, #11 Exhibit 11 - December 14, 2020 Vacation Email, #12 Exhibit 12 - March 8, 2021 Security Reports)(Ward, Kevin) |
| Filing 23 AFFIDAVIT re #18 Response in Opposition to Motion, AFFIDAVIT OF DONALD CROCK in Support of Doc 18 by American Energy Companies, LLC, Paul Nair, Savi @ Ponce West, LLC, Savi Provisions, LLC, Savi-HFC, LLC, Tuxedo Wine & Spirits, LLC. (Attachments: #1 Exhibit 1 - Donald Crock Food Handler Certificate)(Ward, Kevin) |
| Filing 22 AFFIDAVIT re #18 Response in Opposition to Motion, AFFIDAVIT OF JEREMY GOLDEN in Support of Doc 18 by American Energy Companies, LLC, Paul Nair, Savi @ Ponce West, LLC, Savi Provisions, LLC, Savi-HFC, LLC, Tuxedo Wine & Spirits, LLC. (Ward, Kevin) |
| Filing 21 AFFIDAVIT re #18 Response in Opposition to Motion, AFFIDAVIT OF SCOTT A. MOULTON in Support of Doc 18 by American Energy Companies, LLC, Paul Nair, Savi @ Ponce West, LLC, Savi Provisions, LLC, Savi-HFC, LLC, Tuxedo Wine & Spirits, LLC. (Attachments: #1 Exhibit 1 - Automatic Mail Forwarding Settings, #2 Exhibit 2 - Automatic Mail Filtering Settings, #3 Exhibit 3 - Email Forwards to Patel's Personal Account, #4 Exhibit 4 - March 9, 2021 Patel Email Forward with Attachments, #5 Exhibit 5 - March 9, 2021 Email from Patel to Heartland Payroll)(Ward, Kevin) |
| Filing 20 RESPONSE in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #14 MOTION to Dismiss filed by American Energy Companies, LLC, Paul Nair, Savi @ Ponce West, LLC, Savi Provisions, LLC, Savi-HFC, LLC, Tuxedo Wine & Spirits, LLC. (Ward, Kevin) |
| Filing 19 First AMENDED COMPLAINT (Verified) and APPLICATION FOR TEMPORARY, PRELIMINARY AND PERMANENT INJUNCTION against All Defendants with Jury Demand filed by Tuxedo Wine & Spirits, LLC, Savi-HFC, LLC, American Energy Companies, LLC, Savi Provisions, LLC, Paul Nair, Savi @ Ponce West, LLC. (Attachments: #1 Exhibit 1 - Employee Summary from Tuxedo Wine & Spirits, LLC for Patel, #2 Exhibit 2 - Email dated March 6, 2021, #3 Exhibit 3 - Email dated March 8, 2021, #4 Exhibit 4 - Email dated March 9, 2021, #5 Exhibit 5 - Text Message dated March 9, 2021, #6 Exhibit 6 - Email dated March 10, 2021, #7 Exhibit 7 - Tuxedo Wine & Spirits, LLC Check History Detail for Patel, #8 Exhibit Exhibit 8 - American Energy Companies, LLC Check History Detail for Patel, #9 Exhibit 9 - Savi Midtown 988, LLC Check History Detail for Patel, #10 Exhibit 10 - Savi at Ponce West Check History Detail for Patel, #11 Exhibit 11 - Email Demand dated March 12, 2021, #12 Exhibit 12 Dropbox Activity Report, #13 Exhibit 13 - Savi HFC, LLC Employee Profile for Cementwala, #14 Exhibit 14 - Savi Midtown 988, LLC Employee Profile for Cementwala, #15 Exhibit 15 - Savi Midtown 988, LLC Check History Detail for Cementwala, #16 Exhibit 16 - Savi HFC, LLC Check History Detail for Cementwala, #17 Exhibit 17 Email Demand dated March 17, 2021, #18 Exhibit 18 Email Demand dated March 19, 2021)(Ward, Kevin) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 18 RESPONSE in Opposition re #15 MOTION to Quash Subpoenas filed by American Energy Companies, LLC, Paul Nair, Savi @ Ponce West, LLC, Savi Provisions, LLC, Savi-HFC, LLC, Tuxedo Wine & Spirits, LLC. (Attachments: #1 Exhibit 1 - Transcript of March 25, 2021 Hearing)(Ward, Kevin) |
| Filing 17 OBJECTION re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #14 MOTION to Dismiss (Objection to Unsubstantiated Allegations in 13-1 and 14-1) by American Energy Companies, LLC, Paul Nair, Savi @ Ponce West, LLC, Savi Provisions, LLC, Savi-HFC, LLC, Tuxedo Wine & Spirits, LLC. (Ward, Kevin) |
| NOTICE of TELECONFERENCE: Telephone Conference set for 4/13/2021 at 03:30 PM before Judge Leigh Martin May. Dial-in instructions have been emailed to counsel. (bnp) |
| Filing 16 Notice for Leave of Absence for the following date(s): 05/07/2021; 05/10/2021 - 05/14/2021; 05/17/2021 - 05/18/2021; 07/02/2021; 07/30/2021; 08/02/2021 - 08/06/2021; 08/09/2021 - 08/10/2021, by Andrea Lynn Pawlak. (Pawlak, Andrea) |
| Filing 15 MOTION to Quash Subpoenas by Ritaben Patel. (Attachments: #1 Text of Proposed Order)(Parker, Wilmer) |
| Filing 14 MOTION to Dismiss with Brief In Support by Ritaben Patel. (Attachments: #1 Brief)(Parker, Wilmer) Modified on 4/8/2021 QC email sent re apparent duplicate filing to #13 (tmf). Modified on 4/8/2021, atty contacted clerk's office and stated motions are not duplicates (tmf). |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Ritaben Patel. (Attachments: #1 Brief)(Parker, Wilmer) |
| Filing 12 ACKNOWLEDGMENT OF SERVICE Executed filed by Ritaben Patel. All Defendants. (Parker, Wilmer) |
| Filing 11 NOTICE Of Filing Subpoenas to Produce Documents by Paul Nair (Attachments: #1 Exhibit 1 - Subpoena to Associated Credit Union, #2 Exhibit 2 - Subpoena to Bank of America Corporation, #3 Exhibit 3 - Subpoena to Barclays Bank Delaware, #4 Exhibit 4 - Subpoena to CitiBank, NA)(Ward, Kevin) |
| Filing 10 CERTIFICATE OF SERVICE Pursuant to Local Rule 5.4 by Paul Nair.(Ward, Kevin) |
| Filing 9 Minute Entry for proceedings held before Judge Leigh Martin May: The Court held a hearing on Plaintiffs' Emergency Motion for Ex Parte Temporary Restraining Order #2 and Emergency Motion for Expedited Discovery #3 on 3/25/2021. Plaintiffs did not object to defense counsel's presence at the hearing. The Court heard from Plaintiffs' and Defendants' counsel. Written order to follow. (Court Reporter Montrell Vann)(aaq) |
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Filing 8
ORDER granting #3 Emergency Motion for Expedited Discovery. Plaintiffs are immediately authorized to serve the following limited discovery: See document for specifics. Signed by Judge Leigh Martin May on 3/25/2021. (tmf)
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Filing 7
ORDER denying #2 Motion for TRO. The Court conducted a hearing with counsel for both parties on this matter on March 25, 2021. As discussed during the hearing, it appears that Plaintiffs will be filing an amended motion for a preliminary injunction to incorporate requests for additional relief and documents obtained in expedited discovery. When this new motion is filed, the Court will enter a scheduling order addressing that motion. See document for further specifics. Signed by Judge Leigh Martin May on 3/25/2021. (tmf)
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Filing 6
STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 3/25/2021. (tmf)
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Filing 5
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/9/2021. (tmf)
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| Filing 4 Electronic Summons Issued as to Ashokkumar V. Cementwala, Ritaben Patel. (Attachments: #1 Summons Cementwala)(tmf) |
| Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction, #3 MOTION for Discovery, to District Judge Leigh Martin May. (tmf) |
| Filing 3 Emergency MOTION for Expedited Discovery by American Energy Companies, LLC, Paul Nair, Savi @ Ponce West, LLC, Savi Provisions, LLC, Savi-HFC, LLC, Tuxedo Wine & Spirits, LLC. (tmf) |
| Filing 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, MOTION for Preliminary Injunction by American Energy Companies, LLC, Paul Nair, Savi @ Ponce West, LLC, Savi Provisions, LLC, Savi-HFC, LLC, Tuxedo Wine & Spirits, LLC. (Attachments: #1 Brief in Support, #2 Certificate of Kevin L. Ward, Esq.)(tmf) |
| Filing 1 COMPLAINT AND APPLICATION FOR TEMPORARY, PRELIMINARY AND PERMANENT INJUNCTION with Jury Demand filed by Tuxedo Wine & Spirits, LLC, Savi-HFC, LLC, American Energy Companies, LLC, Savi Provisions, LLC, Paul Nair, Savi @ Ponce West, LLC. (Filing fee $402, receipt number AGANDC-10851735) (Attachments: #1 Exhibit 1 - Employee Summary from Tuxedo Wine & Spirits, LLC for Patel, #2 Exhibit 2 Email dated March 6, 2021, #3 Exhibit 3 Email dated March 8, 2021, #4 Exhibit 4 Email dated March 9, 2021, #5 Exhibit 5 Text Message dated March 9, 2021, #6 Exhibit 6 Email dated March 10, 2021, #7 Exhibit 7 - Tuxedo Wine & Spirits, LLC Check History Detail for Patel, #8 Exhibit 8 - American Energy Companies, LLC Check History Detail for Patel, #9 Exhibit 9 - Savi Midtown 988, LLC Check History Detail for Patel, #10 Exhibit 10 - Savi at Ponce West Check History Detail for Patel, #11 Exhibit 11 Email Demand dated March 12, 2021, #12 Exhibit 12 Dropbox Activity Report, #13 Exhibit 13 - Savi HFC, LLC Employee Profile for Cementwala, #14 Exhibit 14 - Savi Midtown 988, LLC Employee Profile for Cementwala, #15 Exhibit 15 - Savi Midtown 988, LLC Check History Detail for Cementwala, #16 Exhibit 16 - Savi HFC, LLC Check History Detail for Cementwala, #17 Exhibit 17 Email Demand dated March 17, 2021, #18 Exhibit 18 Email Demand dated March 19, 2021, #19 Civil Cover Sheet)(tmf) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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