Katz Durell, LLC v. John Doe 1 et al
| Katz Durell, LLC |
| John Doe 1, John Doe 2 and Kenneth Alfred |
| 1:2023cv04167 |
| September 15, 2023 |
| US District Court for the Northern District of Georgia |
| William M Ray |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| None |
Docket Report
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This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.
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Filing 23
ORDER: Plaintiff's Motion (Doc. #22 ) IS HEREBY GRANTED. The Clerk is DIRECTED to effectuate service of the Summons (Doc. #17 ) and Amended Complaint (Doc. #15 ) on Kenneth Alfred by publication in accordance with OCGA 9-1-4(f)(1)(A) by advertisement in the Fulton County Daily Report four times within the next 60 days, with publications at least seven days apart. The form of the Notice shall be in substantially the form as Attachment A to this Order. The Clerk IS FURTHER DIRECTED to mail a copy of the Notice, together with a copy of this Order within fifteen days after filing this Order to Kenneth Alfred at the following address: 1019 Main Street, Bridgeport, CT 06604- 4221. The Clerk IS FURTHER DIRECTED to make entry on the docket of the case of a notice of mailing to Mr. Alfred. Signed by Judge William M. Ray, II on 11/02/2023. (tmf)
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| Filing 22 MOTION for Service by Publication as to Kenneth Alfred with Brief In Support by Katz Durell, LLC. (Attachments: #1 Brief, #2 Exhibit Declaration of Plaintiff's Counsel, #3 Text of Proposed Order)(Lefkow, Mark) |
| Filing 21 NOTICE Of Filing Non-Service of First Amended Complaint, Order Granting Temporary Restraining Order, and Order Extending Temporary Restraining Order by Katz Durell, LLC re #5 Order on Motion for TRO,,, Order on Motion for Preliminary Injunction,, #16 Proposed Summons, #10 Temporary Restraining Order,, Set Deadlines/Hearings, #15 Amended Complaint, (Attachments: #1 Exhibit A - Affidavit of Non-Service)(Lefkow, Mark) |
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Filing 20
ORDER GRANTING PRELIMINARY INJUNCTION: This matter appeared before the Court for a hearing on October 23, 2023, on Plaintiff's Motion for Interlocutory/Preliminary Injunction (Doc. #2 ), which was supported by the declaration of Joshua Katz, pursuant to Federal Rule of Civil Procedure 65, and Plaintiff's Complaint for Damages and Injunctive Relief. For good cause shown, upon consideration of the Motion, the submissions of Plaintiff, the submissions of Plaintiff at the hearing, and the record in this case, the Court hereby GRANTS the Plaintiff's Motion for Preliminary Injunction and enters the following Order: See document for specifics. Signed by Judge William M. Ray, II on 10/24/2023. (tmf)
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| Filing 19 Minute Entry for proceedings held before Judge William M. Ray, II: Motion Hearing held on 10/23/2023. Judge heard from Plaintiff as to status of service and instructed Plaintiff to file a Motion for Publication. Court will review the Order submitted and will make any necessary changes and file later in the week. (Court Reporter Geraldine Glover)(tmf) |
| Notification of Docket Correction re #18 NOTICE Of Filing by Katz Durell, LLC Notice of Filing of Affidavit of Service as to Kenneth Alfred (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Haener, Erik) Modified on 10/23/2023 to edit text. (tmf) |
| Filing 18 NOTICE Of Filing by Katz Durell, LLC Notice of Filing of Affidavit of Service as to Kenneth Alfred (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Haener, Erik) Modified on 10/23/2023 to edit text. (tmf) |
| Filing 17 Electronic Summons Issued as to Kenneth Alfred. (tmf) |
| Filing 16 PROPOSED SUMMONS filed by Katz Durell, LLC re Def. Kenneth Alfred (Lefkow, Mark) |
| Filing 15 FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against Kenneth Alfred, John Doe 1 filed by Katz Durell, LLC.(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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Filing 14
ORDER granting #13 Motion to Add Party. This matter is before the Court on Plaintiff's Motion to Add Party. For good cause shown, the Court GRANTS the Motion. The Court FURTHER ORDERS that the Clerk shall add Kenneth Alfred as a party Defendant in this suit and shall drop John Doe 2. The Amended Complaint filed as an exhibit to the Motion is deemed filed and shall be the operative Complaint in this matter. Signed by Judge William M. Ray, II on 10/17/2023. (tmf)
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| Filing 13 MOTION to Add Party - Kenneth Alfred as Party Defendant with Brief In Support by Katz Durell, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Exhibit #1 - Executive Summary of Funds from Plaintiff Remaining in Kenneth Alfred Discover Accounts, #4 Exhibit #2 - Executive Accountings of Funds from Plaintiff Remaining in Kenneth Alfred Discover Accounts, #5 Exhibit #3 - Detailed Accounting Summaries of Funds from Plaintiff Remaining in Kenneth Alfred Discover Accounts, #6 Exhibit #4 - 9142 Discover Account Statements, #7 Exhibit #5 - 3060 Discover Account Statements, #8 Exhibit #6 - 1047 Discover Account Statements, #9 Exhibit #7 - 1056 Discover Account Statements, #10 Exhibit #8 - 1065 Discover Account Statements, #11 Exhibit #9 - 1074 Discover Account Statements, #12 Exhibit #10 - Proposed First Amended Complaint)(Lefkow, Mark) |
| Filing 12 NOTICE by Katz Durell, LLC re #10 Temporary Restraining Order,, Set Deadlines/Hearings, #5 Order on Motion for TRO,,, Order on Motion for Preliminary Injunction,, Regarding Attempts to Serve Kenneth Alfred and Regarding Funds Held by Discover Bank (Attachments: #1 Exhibit 1 - Letter to Kenneth Alfred with FedEx Receipt)(Lefkow, Mark) |
| Filing 11 NOTICE by Katz Durell, LLC re #10 Temporary Restraining Order,, Set Deadlines/Hearings, #5 Order on Motion for TRO,,, Order on Motion for Preliminary Injunction,, Served on Kenneth Alfred and Discover Financial Services d/b/a Discover Bank (Haener, Erik) |
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Filing 10
ORDER EXTENDING TEMPORARY RESTRAINING ORDER: The Court will hold a hearing on October 23, 2023, at 9:00 a.m. in Courtroom 1705 of the United States District Court for the Northern District of Georgia, Richard B. Russell Federal Building, 75 Ted Turner Dr NW, Atlanta, GA 30303, regarding the status of the injunction, unless any party requests an earlier hearing. See document for further specifics and instructions. Signed by Judge William M. Ray, II on 10/4/2023. (tmf)
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| Filing 9 Minute Entry for proceedings held before Judge William M. Ray, II: Motion Hearing held on 9/28/2023 regarding status of motions. Counsel to submit Order. (Court Reporter Geraldine Glover)(tas) |
| Filing 8 NOTICE of Appearance by Erik Christopher Haener on behalf of Katz Durell, LLC (Haener, Erik) |
| Filing 7 AFFIDAVIT of Service for Subpoena for Production of Documents and Things , as to Discover Financial Services [Inc.]. (Attachments: #1 Affidavit, #2 Exhibit)(Haener, Erik) |
| Treasury Registry Payment Received: $5000, receipt number 100006418. (tas) |
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Filing 6
ORDER GRANTING #3 Motion for Pre-Service Discovery. (See order for directives). Signed by Judge William M. Ray, II on 9/18/2023. (tas)
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Filing 5
ORDER GRANTING #2 Motion for TRO. The Court will hold a hearing on 9/28/2023, at 3:00 p.m. in Courtroom 1705 of the United States District Court for the Northern District of Georgia, Richard B. Russell Federal Building, 75 Ted Turner Dr NW, Atlanta, GA 30303, regarding the status of the injunction, unless any party requests an earlier hearing. Plaintiff is directed to provide a copy of this Order and notice of the hearing to any and all known Defendants and enjoined parties and non-parties as soon as feasible, but no later than five days prior to the hearing. Signed by Judge William M. Ray, II on 9/18/2023. (tas)
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| NOTICE of Hearing on Motion re the status of the injunction, unless any party requests an earlier hearing. Motion Hearing set for 9/28/2023 at 03:00 PM in ATLA Courtroom 1705 before Judge William M. Ray II. (tas) |
| Filing 4 Certificate of Interested Persons and Corporate Disclosure Statement by Katz Durell, LLC. (tht) |
| Filing 3 Emergency MOTION for Leave to Conduct Pre-Service Discovery with Brief in Support by Katz Durell, LLC. (Attachments: #1 Brief in Support of Emergency Motion for Leave to Conduct Pre-Service Discovery, #2 Exhibit 1 to Emergency Motion for Leave - Katz Declaration, #3 Text of Proposed Order)(tht) |
| Filing 2 IMMEDIATE HEARING REQUESTED MOTION for Ex Parte Temporary Restraining Order and Preliminary Injunction with Brief in Support by Katz Durell, LLC. (Attachments: #1 Brief in Support of Motion for Ex Parte TRO, #2 Exhibit 1 to Motion for TRO - Katz Declaration, #3 Exhibit 2 to Motion for TRO - Lefkow Declaration, #4 Text of Proposed Order)(tht) |
| Filing 1 COMPLAINT filed by Katz Durell, LLC. (Filing fee $402, receipt number AGANDC-12887942) (Attachments: #1 Exhibit 1 to Complaint - Declaration of Joshua Katz, #2 Civil Cover Sheet)(tht) 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. |
| Submission of #2 MOTION for Temporary Restraining Order and Preliminary Injunction and #3 MOTION for Discovery to District Judge William M. Ray II. (tht) |
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