Liberty One Funding Trust et al v. Achenbach et al
| Liberty One Funding Trust and Liberty Two Funding Trust |
| Brian Achenbach, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Jonathan Darrow, Jay Grimm, Jr., Robert Krakovitz, Moshe Malka, Leon Malnik, Barry Septimus and Phyllis Sifen |
| 1:2023cv05483 |
| November 30, 2023 |
| US District Court for the Northern District of Georgia |
| Michael L Brown |
| Thomas W Thrash |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1446 Notice of Removal - Declaratory Judgment |
| None |
Docket Report
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| Clerk's Certificate of Mailing to Victoria G. Mazzola re #33 Order on Application for Admission PHV. (kng) |
Filing 33
ORDER GRANTING #31 Application for Admission Pro Hac Vice of Victoria G. Mazzola. Signed by Judge Michael L. Brown on 1/23/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
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| Filing 32 First AMENDED COMPLAINT for Declaratory Judgment, Stay of Arbitration, and Other Relief against All Defendants filed by Liberty One Funding Trust, Liberty Two Funding Trust. (Attachments: #1 Exhibit Exhibits A-G to Liberty One Filing Trust Amended Complaint 1.24.23)(Lucas, Catherine) 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. |
| APPROVAL by Clerks Office re: #31 APPLICATION for Admission of Victoria G. Mazzola Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13169212). Attorney Victoria G. Mazzola added appearing on behalf of Brian Achenbach, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Jonathan Darrow, Jay Grimm, Jr., Robert Krakovitz, Moshe Malka, Leon Malnik, Barry Septimus, Phyllis Sifen. E-filing access may be requested after an order granting the application is entered. (esr) |
| Filing 31 APPLICATION for Admission of Victoria G. Mazzola Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13169212).by Brian Achenbach, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Jonathan Darrow, Jay Grimm, Jr, Robert Krakovitz, Moshe Malka, Leon Malnik, Barry Septimus, Phyllis Sifen. (Le Jeune, Danielle) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 30 Consent MOTION to Consolidate Cases by Brian Achenbach, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Jonathan Darrow, Jay Grimm, Jr, Robert Krakovitz, Moshe Malka, Leon Malnik, Barry Septimus, Phyllis Sifen. (Attachments: #1 Text of Proposed Order Granting Motion to Consolidate Actions)(Olczak, Saskia) Modified to remove double wording on 1/17/2024 (kng). |
| Submission of #30 Consent MOTION to Consolidate Cases to District Judge Michael L. Brown. (jpk) |
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ORDER (by docket entry only) denying as moot the parties' #9 Motion for Extension of Time in the light of the Court's December 26 Order (Dkt. 29). Ordered by Judge Michael L. Brown on 12/27/2023. (jpk)
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Filing 29
ORDER GRANTING #28 Joint MOTION for Extension of Time Extension of Deadlines. Any motion to remand by the Liberty Plaintiffs will be filed by 1/17/2024. Any response and reply will be due in accordance with the Court's Local Rules. The removing Defendants' responsive pleading (whether an answer or amotion to dismiss) to the Liberty Plaintiffs' removed complaint will be due the later of either 1/24/2024, or 14 days after entry of an order denying a motion to remand, or 21 days after the filing of an amended complaint. (See Order for further directives). Signed by Judge Michael L. Brown on 12/26/2023. (tas)
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| Filing 28 Joint MOTION for Extension of Time Extension of Deadlines by Brian Achenbach, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Jonathan Darrow, Jay Grimm, Jr, Robert Krakovitz, Moshe Malka, Leon Malnik, Barry Septimus, Phyllis Sifen. (Attachments: #1 Text of Proposed Order Granting Extension of Time)(Olczak, Saskia) Modified to remove double wording on 12/22/2023 (kng). |
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Filing 27
ORDER GRANTING #26 Application for Admission Pro Hac Vice of Michael J. Miller. Signed by Judge Michael L. Brown on 12/18/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
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| APPROVAL by Clerks Office re: #26 APPLICATION for Admission of Michael J. Miller Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13095779). Attorney Michael J. Miller added appearing on behalf of Brian Achenbach, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Jonathan Darrow, Jay Grimm, Jr., Robert Krakovitz, Moshe Malka, Leon Malnik, Barry Septimus, Phyllis Sifen. E-filing access may be requested after an order granting the application is entered. (djs) |
| Filing 26 APPLICATION for Admission of Michael J. Miller Pro Hac Vice.by Brian Achenbach, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Jonathan Darrow, Jay Grimm, Jr, Robert Krakovitz, Moshe Malka, Leon Malnik, Barry Septimus, Phyllis Sifen. (Le Jeune, Danielle) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 25
ORDER GRANTING #23 Application for Admission Pro Hac Vice of Gregory J. Star. Signed by Judge Michael L. Brown on 12/14/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
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Filing 24
ORDER GRANTING #22 Application for Admission Pro Hac Vice of Chase Howard. Signed by Judge Michael L. Brown on 12/14/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
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| APPROVAL by Clerks Office re: #22 APPLICATION for Admission of Chase Howard Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13095961).. Attorney Chase Howard added appearing on behalf of Brian Achenbach, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Jonathan Darrow, Jay Grimm, Jr., Robert Krakovitz, Moshe Malka, Leon Malnik, Barry Septimus, Phyllis Sifen. E-filing access may be requested after an order granting the application is entered. (djs) |
| RETURN of #21 APPLICATION for Admission of Michael J. Miller Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13095779). to attorney for correction. Reason for return: Application is filed under the wrong name. (djs) |
| APPROVAL by Clerks Office re: #23 APPLICATION for Admission of Gregory J Star Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13096003).. Attorney Gregory J. Star added appearing on behalf of Brian Achenbach, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Jonathan Darrow, Jay Grimm, Jr., Robert Krakovitz, Moshe Malka, Leon Malnik, Barry Septimus, Phyllis Sifen. E-filing access may be requested after an order granting the application is entered. (djs) |
| Clerk's Certificate of Mailing to Chase Howard re #24 Order on Application for Admission PHV. (kng) |
| Filing 23 APPLICATION for Admission of Gregory J Star Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13096003).by Brian Achenbach, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Jonathan Darrow, Jay Grimm, Jr, Robert Krakovitz, Moshe Malka, Leon Malnik, Barry Septimus, Phyllis Sifen. (Le Jeune, Danielle) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 22 APPLICATION for Admission of Chase Howard Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13095961).by Brian Achenbach, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Jonathan Darrow, Jay Grimm, Jr, Robert Krakovitz, Moshe Malka, Leon Malnik, Barry Septimus, Phyllis Sifen. (Le Jeune, Danielle) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 21 APPLICATION for Admission of Michael J. Miller Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13095779).by Brian Achenbach, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Jonathan Darrow, Jay Grimm, Jr, Robert Krakovitz, Moshe Malka, Leon Malnik, Barry Septimus, Phyllis Sifen. (Le Jeune, Danielle) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 20
ORDER GRANTING #14 Application for Admission Pro Hac Vice of Thorn Rosenthal. Signed by Judge Michael L. Brown on 12/12/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
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Filing 19
ORDER GRANTING #13 Application for Admission Pro Hac Vice of Margaret Ann Barone. Signed by Judge Michael L. Brown on 12/12/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
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Filing 18
ORDER GRANTING #12 Application for Admission Pro Hac Vice of Lauren B. Perlgut. Signed by Judge Michael L. Brown on 12/12/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
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Filing 17
ORDER GRANTING #11 Application for Admission Pro Hac Vice of Joel L. Kurtzberg. Signed by Judge Michael L. Brown on 12/12/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
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| Clerk's Certificate of Mailing to Lauren B. Perlgut re #18 Order on Application for Admission PHV. (kng) |
| Clerk's Certificate of Mailing to Margaret Ann Barone re #19 Order on Application for Admission PHV. (kng) |
| Clerk's Certificate of Mailing to Thorn Rosenthal re #20 Order on Application for Admission PHV. (kng) |
| Clerk's Certificate of Mailing to Joel L. Kurtzberg re #17 Order on Application for Admission PHV. (kng) |
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Filing 16
STANDING ORDER regarding Civil Litigation. Signed by Judge Michael L. Brown on 8/26/2021. (jpk)
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Filing 15
ORDER REASSIGNING CASE. Case reassigned to Judge Michael L. Brown for all further proceedings. Judge Thomas W. Thrash, Jr. no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:23-cv-05483-MLB. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Thomas W. Thrash, Jr. on 12/11/2023. (jkb)
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| APPROVAL by Clerks Office re: #14 APPLICATION for Admission of Thorn Rosenthal Pro Hac Vice(Application fee $ 100, receipt number AGANDC-13079627). Attorney Thorn Rosenthal added appearing on behalf of Liberty One Funding Trust, Liberty Two Funding Trust. E-filing access may be requested after an order granting the application is entered. (djs) |
| Clerk's Certificate of Mailing to attorneys re #15 Order Reassigning Case. (jkb) |
| APPROVAL by Clerks Office re: #12 APPLICATION for Admission of Lauren B. Perlgut Pro Hac Vice(Application fee $ 100, receipt number AGANDC-13079563). Attorney Lauren Perlgut added appearing on behalf of Liberty One Funding Trust, Liberty Two Funding Trust. E-filing access may be requested after an order granting the application is entered. (djs) |
| APPROVAL by Clerks Office re: #11 APPLICATION for Admission of Joel L. Kurtzberg Pro Hac Vice(Application fee $ 100, receipt number AGANDC-13079492). Attorney Joel Kurtzberg added appearing on behalf of Liberty One Funding Trust, Liberty Two Funding Trust. E-filing access may be requested after an order granting the application is entered. (djs) |
| APPROVAL by Clerks Office re: #13 APPLICATION for Admission of Margaret Ann Barone Pro Hac Vice(Application fee $ 100, receipt number AGANDC-13079590). Attorney Margaret Barone added appearing on behalf of Liberty One Funding Trust, Liberty Two Funding Trust. E-filing access may be requested after an order granting the application is entered. (djs) |
| Filing 14 APPLICATION for Admission of Thorn Rosenthal Pro Hac Vice.by Liberty One Funding Trust, Liberty Two Funding Trust. (Weiss, Terry) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 13 APPLICATION for Admission of Margaret Ann Barone Pro Hac Vice.by Liberty One Funding Trust, Liberty Two Funding Trust. (Weiss, Terry) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 12 APPLICATION for Admission of Lauren B. Perlgut Pro Hac Vice.by Liberty One Funding Trust, Liberty Two Funding Trust. (Weiss, Terry) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 11 APPLICATION for Admission of Joel L. Kurtzberg Pro Hac Vice.by Liberty One Funding Trust, Liberty Two Funding Trust. (Weiss, Terry) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 10 Certificate of Interested Persons and Corporate Disclosure Statement by Liberty One Funding Trust, Liberty Two Funding Trust identifying Corporate Parent Horizon Trade and Finance (Ireland) Limited, Corporate Parent Horizon Trade & Finance (Ireland) Holdings Limited, Corporate Parent HTF EXC, LLC, Corporate Parent BlueMountain Guadalupe Peak Fund L/P, Corporate Parent BlueMountain Logan Opportunities Master Fund L.P. for Liberty One Funding Trust, Liberty Two Funding Trust. (Lucas, Catherine) |
| ---DOCUMENT FILED IN ERROR--- APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Lauren B. Perlgut Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13079563). Attorney Lauren Perlgut added appearing on behalf of Liberty One Funding Trust, Liberty Two Funding Trust. E-filing access may be requested after an order granting the application is entered. (djs) Modified on 12/7/2023 (djs). |
| ---DOCUMENT FILED IN ERROR---APPROVAL by Clerks Office re: #5 APPLICATION for Admission of Joel L. Kurtzberg Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13079492). Attorney Joel Kurtzberg added appearing on behalf of Liberty One Funding Trust, Liberty Two Funding Trust. E-filing access may be requested after an order granting the application is entered. (djs) Modified on 12/7/2023 (djs). |
| RETURN of #5 APPLICATION for Admission of Joel L. Kurtzberg Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13079492). to attorney for correction. Reason for return: Local counsel must e-file application (djs) |
| RETURN of #8 APPLICATION for Admission of Thorn Rosenthal Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13079627). to attorney for correction. Reason for return: Local counsel must e-file application (djs) |
| RETURN of #6 APPLICATION for Admission of Lauren B. Perlgut Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13079563). to attorney for correction. Reason for return: Local counsel must e-file application (djs) |
| RETURN of #7 APPLICATION for Admission of Margaret Ann Barone Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13079590). to attorney for correction. Reason for return: Local counsel must e-file application (djs) |
| Filing 9 MOTION for Extension of Time Defendants' to Answer or File Responses to Plantiffs' Complaint re: #1 Notice of Removal,,, by Brian Achenbach, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Jonathan Darrow, Jay Grimm, Jr, Robert Krakovitz, Moshe Malka, Leon Malnik, Barry Septimus, Phyllis Sifen. (Attachments: #1 Text of Proposed Order Proposed Order)(Olczak, Saskia) |
| Filing 8 APPLICATION for Admission of Thorn Rosenthal Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13079627).by Liberty One Funding Trust, Liberty Two Funding Trust. (Lucas, Catherine) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 7 APPLICATION for Admission of Margaret Ann Barone Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13079590).by Liberty One Funding Trust, Liberty Two Funding Trust. (Lucas, Catherine) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 6 APPLICATION for Admission of Lauren B. Perlgut Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13079563).by Liberty One Funding Trust, Liberty Two Funding Trust. (Lucas, Catherine) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 5 APPLICATION for Admission of Joel L. Kurtzberg Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13079492).by Liberty One Funding Trust, Liberty Two Funding Trust. (Lucas, Catherine) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 4 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Joel Kurtzberg. Clerk to follow-up by 12/11/2023. (djs) |
| Filing 3 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Thorn Rosenthal. Clerk to follow-up by 12/11/2023. (djs) |
| Filing 2 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Lauren Perlgut. Clerk to follow-up by 12/11/2023. (djs) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Jay Grimm, Jr., Robert Krakovitz, Phyllis Sifen, Brian Achenbach, Jonathan Darrow, Leon Malnik, Barry Septimus, Nancy Belser, Andrew Costanza, Andrew Darrow, David Darrow, Moshe Malka. (Filing fee $ 402 receipt number AGANDC-13062351) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Motion to Stay, #3 Exhibit C - Docket, #4 Exhibit D - Summons, #5 Exhibit E - Motion to Seal Exhibits to Complaint, #6 Exhibit F - Motion to Seal Exhibits to Motion to Stay, #7 Exhibit G - Corporate Disclosure Statement, #8 Exhibit H - Order Granting Motion to Seal, #9 Exhibit I - Acknowledgement, #10 Exhibit J - Horizon Certificate of Incorporation, #11 Civil Cover Sheet)(pdt) 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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