Fund Recovery Services, LLC. v. RBC Capital Markets, LLC et al
Plaintiff: Fund Recovery Services, LLC.
Defendant: Spartan Specialty Finance I LLC, Daniel Wirzberger, James P. Uihlein, Noax, LLC, Margon LLC, B Money Holdings, LLC, Bergarviv, LLC, Byron Faermark, Barry Edmonson, Peter Ferro, Jr., Merit Gaming Management Group, L.P., Broadmark Capital, LLC, Sean Tomaszkiewicz, Raviv Wolfe, Robert Sheybani, Glenora Company, Spartan Specialty Finance I SPV, Joseph Canfora, Alhambra Circle Partners, LLC, Mark Triffler, Blue Treble Solutions, LLC, Peraza Capital & Investment, LLC, Harry Madanyan, SSF Holdings LLC, Berj Arakelian, Cardinal Trust, James I. Uihlein, Little Owl Argon, LLC, Eric Schnosenberg, Bruce Breitweiser, Barry Kostiner, Bruce Goldstein, Mark Triffler Trust, RBC Capital Markets, LLC, John A. Kuhlman, Jr., Gary Zumski, Fintech Asset Management, LLC and Spartan Specialty Finance I SPV, LLC
Case Number: 1:2020cv05730
Filed: September 25, 2020
Court: US District Court for the Northern District of Illinois
Presiding Judge: Matthew F Kennelly
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1964 Racketeering (RICO) Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2022 Opinion or Order Filing 179 ENTERED JUDGMENT. Civil case terminated. Mailed notice. (mma, )
September 30, 2022 Opinion or Order Filing 178 MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 9/30/2022: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies plaintiff's motion for leave to file a second amended complaint [dkt. no. 148]. Because it has become clear at this point that plaintiff cannot assert a viable RICO claim--the claim that provides the basis for federal subject matter jurisdiction--the Court directs the Clerk to enter judgment dismissing plaintiff's civil RICO claims with prejudice and dismissing plaintiffs state-law claims for lack of supplemental jurisdiction. See 28 U.S.C. 1367(c)(3). (mk)
August 31, 2022 Opinion or Order Filing 177 MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 8/31/2022. Oral argument heard regarding the plaintiff's motion for leave to amend #148 . The motion is taken under advisement. The Court will set a further status hearing at a later date. Mailed notice. (mma, )
August 30, 2022 Opinion or Order Filing 176 MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that at tomorrow's oral argument it primarily wishes to hear argument regarding the "RICO pattern" issue. (mk)
August 29, 2022 Opinion or Order Filing 175 NOTICE by Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, Little Owl Argon, LLC, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger of Filing of Demonstrative for August 31, 2022 Hearing (Attachments: #1 Exhibit Defendants' Oral Argument Demonstrative)(Goroff, David)
August 11, 2022 Opinion or Order Filing 174 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/11/2022. Oral argument on the motion for leave to file #148 is set for a video hearing on 8/31/2022 at 10:00 a.m. Each side will have 15 minutes to present their argument. The Court will send out the video conference invitation a few days in advance of the hearing. Mailed notice. (mma, )
June 21, 2022 Opinion or Order Filing 173 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 6/21/2022. Plaintiff's motion for leave to file a second amended complaint #148 is taken under advisement. A telephonic status hearing is set for 8/11/2022 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
June 14, 2022 Opinion or Order Filing 172 SUR-REPLY by Defendants Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, John A. Kuhlman, Jr., Little Owl Argon, LLC, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger to motion for leave to file, #153 (Mendeloff, Scott)
June 8, 2022 Opinion or Order Filing 171 MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion for leave to file a surreply #170 is granted, but the surreply is limited to 10 pages and must be filed by no later than 6/14/2022. The telephonic status/motion hearing set for 6/14/2022 is vacated and reset to 6/21/2022 at 9:15 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. (mk)
June 7, 2022 Opinion or Order Filing 170 MOTION by Defendants Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, Little Owl Argon, LLC, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger for leave to file surreply in opposition to plaintiff's motion for leave to file revised second amended complaint (Sikora, Kristin)
June 6, 2022 Opinion or Order Filing 169 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Daniel Wirzberger's motion for sanctions #166 is denied without prejudice to renewal, if appropriate, after the Court rules on the pending motion to file an amended complaint. (mk)
June 2, 2022 Opinion or Order Filing 168 DECLARATION of Kenneth J. Rubinstein regarding motion for sanctions #166 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schlessinger, Daniel)
June 2, 2022 Opinion or Order Filing 167 MEMORANDUM by Daniel Wirzberger in support of motion for sanctions #166 (Schlessinger, Daniel)
June 2, 2022 Opinion or Order Filing 166 MOTION by Defendant Daniel Wirzberger for sanctions (Schlessinger, Daniel)
May 31, 2022 Opinion or Order Filing 165 REPLY by Fund Recovery Services, LLC. to memorandum in opposition to motion,, #159 , memorandum in opposition to motion #162 , response in opposition to motion, #161 , memorandum in opposition to motion #160 , MOTION by Plaintiff Fund Recovery Services, LLC. for leave to file Revised Second Amended Complaint #153 (Ashman, Kenneth)
April 29, 2022 Opinion or Order Filing 164 NOTICE by Daniel I. Schlessinger of Change of Address (Schlessinger, Daniel)
April 18, 2022 Opinion or Order Filing 163 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 4/18/2022 and continued to 6/14/2022 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, )
April 15, 2022 Opinion or Order Filing 162 MEMORANDUM by Daniel Wirzberger in Opposition to motion for leave to file, #148 (Schlessinger, Daniel)
April 15, 2022 Opinion or Order Filing 161 RESPONSE by Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., Mark Trifflerin Opposition to MOTION by Plaintiff Fund Recovery Services, LLC. for leave to file Second Amended Complaint #148 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Mendeloff, Scott)
April 15, 2022 Opinion or Order Filing 160 MEMORANDUM by Glenora Company, Little Owl Argon, LLC, James I. Uihlein, James P. Uihlein in Opposition to motion for leave to file, #148 (Goroff, David)
April 15, 2022 Opinion or Order Filing 159 MEMORANDUM by Berj Arakelian, B Money Holdings, LLC, Bergarviv, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, Barry Kostiner, John A. Kuhlman, Jr., Little Owl Argon, LLC, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Sean Tomaszkiewicz, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger in Opposition to motion for leave to file, #148 (Attachments: #1 Exhibit Exhibit 1)(Goroff, David)
April 14, 2022 Opinion or Order Filing 158 ATTORNEY Appearance for James P. Uihlein, James I. Uihlein, The Glenora Company and Little Owl Argon, LLC by Kristin Mcgaver Sikora (Sikora, Kristin) (Docket text modified by Clerk's Office) Modified on 4/14/2022 (bg, ).
March 1, 2022 Opinion or Order Filing 157 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed and considered the parties' status report, in which the defendants seek leave to file a 65-page "omnibus" brief in response to the motion to amend the complaint plus separate 3-page briefs with individualized arguments (no maximum, but an estimate of 3 such briefs), with plaintiff to get equal pages in response. The Court has also considered the fact that a number of arguments cited for dismissal of the previous version of the complaint have now been disposed of and has also considered the number of pages in the previous briefing devoted to those arguments. The Court will allow the defendants a total of 60 pages in the aggregate for their response briefs (both combined and separate briefs, together), and an equal number of pages for the plaintiff's reply. Defendants' response briefs are to be filed by 4/15/2022 as requested, and plaintiff's reply brief is to be filed by 5/31/2022 as requested. These are firm dates. The case is set for a telephonic status hearing on 4/18/2022 at 8:40 AM, using call-in number 888-684-8852, access code 746-1053. The Court reserves the right to vacate the hearing if it determines a hearing is not needed. (mk)
February 28, 2022 Opinion or Order Filing 156 STATUS Report (DEFENDANTS' SUPPLEMENT TO JOINT STATUS REPORT REGARDING BRIEFING PARAMETERS) by Glenora Company, Little Owl Argon, LLC, James I. Uihlein, James P. Uihlein (McKenna, William)
February 23, 2022 Opinion or Order Filing 155 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to substitute and replace a revised version of their proposed second amended complaint #153 is granted. The Court has reviewed the parties' joint status report. Defendants are directed to file a supplement to the status report with their requested page limitations and timing of their response to the motion to amend by no later than 2/28/2022. The Court advises that on the motion to file a second amended complaint, the briefing schedule will provide for responses (to the extent possible, a joint response) by the defendants, and a reply by the plaintiff. Defendants may, promptly after the filing of the reply, seek leave to file a surreply for good cause, and the Court will evaluate that motion if and when it is filed. (mk)
February 22, 2022 Opinion or Order Filing 154 STATUS Report (Joint) by Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., Mark Triffler (Mendeloff, Scott)
February 22, 2022 Opinion or Order Filing 153 MOTION by Plaintiff Fund Recovery Services, LLC. for leave to file Revised Second Amended Complaint (Attachments: #1 Exhibit 1 to Mtn. for Leave, #2 Exhibit 2 to Mtn. for Leave, #3 Exhibit Index of Exhibits to RSAC, #4 Exhibit A to RSAC, #5 Exhibit B to RSAC, #6 Exhibit C to RSAC, #7 Exhibit D to RSAC, #8 Exhibit E to RSAC, #9 Exhibit F to RSAC, #10 Exhibit G to RSAC, #11 Exhibit 3 to Mtn. for Leave, #12 Supplement Memorandum of Law)(Ashman, Kenneth)
February 18, 2022 Opinion or Order Filing 152 NOTICE of Voluntary Dismissal by Fund Recovery Services, LLC. of Defendant Gary Zumski (Ashman, Kenneth)
February 14, 2022 Opinion or Order Filing 151 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 2/14/2022. The parties are to confer regarding briefing on the request to amend the complaint and provide a proposed briefing schedule with page limits in a joint status report by 2/22/2022. The Court will set a further status hearing at a later date. Mailed notice. (mma, )
February 11, 2022 Opinion or Order Filing 150 Redlined Version of Proposed Amended Complaint by Fund Recovery Services, LLC. (Crane, Jeffrey)
February 10, 2022 Opinion or Order Filing 149 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff is directed to file, by no later than 3:00 PM on 2/11/2022, a redlined version of its proposed amended complaint comparing it with the previous complaint and showing changes if that is feasible. If that is not feasible, plaintiff is directed to file by that same date and time a supplement to its supporting memorandum identifying by paragraph and topic all material changes as compared with the previous complaint. (mk)
February 8, 2022 Opinion or Order Filing 148 MOTION by Plaintiff Fund Recovery Services, LLC. for leave to file Second Amended Complaint (Attachments: #1 Exhibit 1 to Mtn. for Leave (Proposed SAC), #2 Exhibit Index of Exhibits, #3 Exhibit A to Proposed SAC, #4 Exhibit B to Proposed SAC, #5 Exhibit C to Proposed SAC, #6 Exhibit D to Proposed SAC, #7 Exhibit E to Proposed SAC, #8 Exhibit F to Proposed SAC, #9 Supplement Memorandum of Law in Support of Mtn. for Leave)(Ashman, Kenneth)
January 17, 2022 Opinion or Order Filing 147 MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 1/17/2022: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants the defendants' motion to dismiss [dkt. no. 124]. Unless the plaintiff files, by February 8, 2022, a motion for leave to amend with a proposed amended complaint that adequately states a claim over which the Court has subject matter jurisdiction, the Court will enter final judgment dismissing its federal claims with prejudice and its state claims for lack of supplemental jurisdiction. A telephonic status hearing is set for February 14, 2022 at 9:10 a.m., using call-in number 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk)
October 30, 2021 Opinion or Order Filing 146 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's claims against defendants Bruce Goldstein, Peraza Capital & Investment, LLC, Alhambra Circle Partners, LLC and Broadmark Capital, LLC are dismissed with prejudice and without costs pursuant to plaintiff's notice of voluntary dismissal. (mk)
October 29, 2021 Opinion or Order Filing 145 NOTICE of Voluntary Dismissal by Fund Recovery Services, LLC. (Ashman, Kenneth)
October 7, 2021 Opinion or Order Filing 144 NOTICE by Alhambra Circle Partners, LLC, Berj Arakelian, B Money Holdings, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, Bruce Goldstein, Barry Kostiner, John A. Kuhlman, Jr., Little Owl Argon, LLC, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Sean Tomaszkiewicz, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger, Gary Zumski re MOTION by Defendants Joseph Canfora, Peter Ferro, Jr., Byron Faermark, Bruce Breitweiser, Barry Edmonson, Mark Triffler, Mark Triffler Trust, Cardinal Trust, Merit Gaming Management Group, L.P., Margon LLC to dismiss (Joint) #124 of Supplemental Authority (Mendeloff, Scott)
August 13, 2021 Opinion or Order Filing 143 NOTICE of Correction regarding reply to response to motion #138 (daj, )
August 12, 2021 Opinion or Order Filing 142 REPLY by Alhambra Circle Partners, LLC, Berj Arakelian, B Money Holdings, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, Bruce Goldstein, Barry Kostiner, John A. Kuhlman, Jr., Little Owl Argon, LLC, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Sean Tomaszkiewicz, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger, Raviv Wolfe, Gary Zumski to MOTION by Defendants Joseph Canfora, Peter Ferro, Jr., Byron Faermark, Bruce Breitweiser, Barry Edmonson, Mark Triffler, Mark Triffler Trust, Cardinal Trust, Merit Gaming Management Group, L.P., Margon LLC to dismiss (Joint) #124 (Attachments: #1 Declaration Gabriel Aizenberg)(Mendeloff, Scott)
August 12, 2021 Opinion or Order Filing 141 REPLY by Alhambra Circle Partners, LLC, Berj Arakelian, B Money Holdings, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, Bruce Goldstein, Little Owl Argon, LLC, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Sean Tomaszkiewicz, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger, Raviv Wolfe, Gary Zumski to MOTION by Defendants Joseph Canfora, Peter Ferro, Jr., Byron Faermark, Bruce Breitweiser, Barry Edmonson, Mark Triffler, Mark Triffler Trust, Cardinal Trust, Merit Gaming Management Group, L.P., Margon LLC to dismiss (Joint) #124 (Mendeloff, Scott)
August 12, 2021 Opinion or Order Filing 140 REPLY by Defendants Alhambra Circle Partners, LLC, Berj Arakelian, B Money Holdings, LLC, Bergarviv, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Broadmark Capital, LLC, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Fintech Asset Management, LLC, Glenora Company, Bruce Goldstein, Barry Kostiner, John A. Kuhlman, Jr., Little Owl Argon, LLC, Harry Madanyan, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P. to memorandum in support of motion,, #126 , motion to dismiss, #124 (Goroff, David)
August 12, 2021 Opinion or Order Filing 139 REPLY by Alhambra Circle Partners, LLC, Berj Arakelian, B Money Holdings, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, Bruce Goldstein, Barry Kostiner, John A. Kuhlman, Jr., Little Owl Argon, LLC, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Sean Tomaszkiewicz, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger, Raviv Wolfe, Gary Zumski to MOTION by Defendants Joseph Canfora, Peter Ferro, Jr., Byron Faermark, Bruce Breitweiser, Barry Edmonson, Mark Triffler, Mark Triffler Trust, Cardinal Trust, Merit Gaming Management Group, L.P., Margon LLC to dismiss (Joint) #124 (Attachments: #1 Declaration Jill M. Newman)(Mendeloff, Scott)
August 12, 2021 Opinion or Order Filing 138 Entered in Error (Mendeloff, Scott) Modified on 8/13/2021 (daj, ).
August 12, 2021 Opinion or Order Filing 137 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Wirzberger has filed a motion for sanctions that largely, and perhaps entirely, tracks his request for dismissal of plaintiff's complaint, which is pending and under advisement. The motion for sanctions #133 is terminated without prejudice to renewal following ruling by the Court on the pending motions to dismiss. (mk)
August 11, 2021 Opinion or Order Filing 136 NOTICE by Daniel Wirzberger re MOTION by Defendant Daniel Wirzberger for sanctions #133 (Schlessinger, Daniel)
August 11, 2021 Opinion or Order Filing 135 DECLARATION of Kenneth J. Rubinstein regarding motion for sanctions #133 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(Schlessinger, Daniel)
August 11, 2021 Opinion or Order Filing 134 MEMORANDUM by Daniel Wirzberger in support of motion for sanctions #133 (Schlessinger, Daniel)
August 11, 2021 Opinion or Order Filing 133 MOTION by Defendant Daniel Wirzberger for sanctions (Schlessinger, Daniel)
August 6, 2021 Opinion or Order Filing 132 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/6/2021. The Court will set a further status hearing after it rules on the motions to dismiss. Mailed notice. (mma, )
August 2, 2021 Opinion or Order Filing 131 MEMORANDUM by Fund Recovery Services, LLC. in Opposition to motion to dismiss, #124 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N)(Ashman, Kenneth)
August 2, 2021 Opinion or Order Filing 130 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's response to the motions to dismiss includes at least 14 exhibits but was electronically filed as a single undifferentiated mass of 333 pages. This makes it quite cumbersome for the Court to review electronically. Plaintiff is directed to refile the document by 12:00 noon on 8/3/2021 with each exhibit tabbed within the docket entry (e.g., dkt. no. 130-1, 130-2, etc.). (mk)
July 29, 2021 Opinion or Order Filing 129 MEMORANDUM by Fund Recovery Services, LLC. in Opposition to motion to dismiss, #124 (Ashman, Kenneth)
July 1, 2021 Opinion or Order Filing 128 MEMORANDUM by Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., Mark Triffler in support of motion to dismiss, #124 (Attachments: #1 Declaration of Gabriel Aizenberg, #2 Exhibit 1)(Mendeloff, Scott)
July 1, 2021 Opinion or Order Filing 127 MEMORANDUM by Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., Mark Triffler in support of motion to dismiss, #124 (Joint) (Mendeloff, Scott)
July 1, 2021 Opinion or Order Filing 126 MEMORANDUM by Alhambra Circle Partners, LLC, Berj Arakelian, B Money Holdings, LLC, Bergarviv, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, Bruce Goldstein, Barry Kostiner, John A. Kuhlman, Jr., Little Owl Argon, LLC, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Eric Schnosenberg, Sean Tomaszkiewicz, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger, Gary Zumski in support of motion to dismiss, #124 (Goroff, David)
July 1, 2021 Opinion or Order Filing 125 MEMORANDUM by Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., Mark Triffler in support of motion to dismiss, #124 (Joint) (Attachments: #1 Declaration of Gabriel Aizenberg, #2 Exhibit 1-20)(Mendeloff, Scott)
July 1, 2021 Opinion or Order Filing 124 MOTION by Defendants Joseph Canfora, Peter Ferro, Jr., Byron Faermark, Bruce Breitweiser, Barry Edmonson, Mark Triffler, Mark Triffler Trust, Cardinal Trust, Merit Gaming Management Group, L.P., Margon LLC to dismiss (Joint) (Mendeloff, Scott)
June 30, 2021 Opinion or Order Filing 123 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 7/2/2021 is vacated and reset to 8/6/2021 at 8:55 AM, but the Court reserves the right to vacate the hearing if it determines that it is unnecessary. The following call-in number will be used: 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk)
June 28, 2021 Opinion or Order Filing 122 STATUS Report Joint Status Report by Fund Recovery Services, LLC. (Ashman, Kenneth)
June 16, 2021 Opinion or Order Filing 121 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's claims against defendant Eric Schnosenberg are voluntarily dismissed with prejudice. (mk)
June 15, 2021 Opinion or Order Filing 120 NOTICE of Voluntary Dismissal by Fund Recovery Services, LLC. (Ashman, Kenneth)
May 22, 2021 Opinion or Order Filing 119 MINUTE entry before the Honorable Matthew F. Kennelly: Previously filed motion to dismiss #103 is moot based on plaintiff's filing of an amended complaint. Defendants' motion for extension of time #118 is granted. Defendants' response(s) to the amended complaint is/are to be filed by 7/1/2021 and, if any motions to dismiss are filed, are subject to the same page limitations for all sides' briefs as previously ordered. Response(s) to any motion(s) to dismiss is/are to be filed by 7/29/2021. Reply to response is to be filed by 8/12/2021. The Court will not entertain any motions to extend any part of this schedule. The case is set for a telephonic status hearing on 7/2/2021 at 8:45 AM, but the Court reserves the right to vacate the hearing if it determines that it is unnecessary. The following call-in number will be used: 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk)
May 21, 2021 Opinion or Order Filing 118 MOTION by Defendants Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., Mark Triffler for extension of time to file answer regarding amended complaint,,, #117 (Joint) (Mendeloff, Scott)
May 15, 2021 Opinion or Order Filing 117 AMENDED complaint by Fund Recovery Services, LLC. against Alhambra Circle Partners, LLC, Berj Arakelian, B Money Holdings, LLC, Bergarviv, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Broadmark Capital, LLC, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Fintech Asset Management, LLC, Glenora Company, Bruce Goldstein, Barry Kostiner, John A. Kuhlman, Jr., Little Owl Argon, LLC, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., Noax, LLC, Peraza Capital & Investment, LLC, RBC Capital Markets, LLC, SSF Holdings LLC, Eric Schnosenberg, Spartan Specialty Finance I LLC, Spartan Specialty Finance I SPV, LLC, Sean Tomaszkiewicz, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger, Raviv Wolfe, Gary Zumski and terminating Harry Madanyan and Robert Sheybani (Ashman, Kenneth)
May 5, 2021 Opinion or Order Filing 116 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Wolfe's motion to join in other defendants' motions to dismiss #112 is granted. Plaintiff has moved to extend to 6/13/2021 the date to file an amended complaint "as of right." The request is denied. The defendants' motions to dismiss were filed on 4/14/2021. If plaintiff intends to amend its complaint to address alleged defects pointed out by the defendants, it should not take plaintiff two months from the filing of the motions todismiss to do that. Unfortunately plaintiff waited until the deadline (21 days, per Fed. R. Civ. P. 15(a)(1)(B) to seek an extension. The Court will extend the deadline under that subpart of the Rule to 5/15/2021, but no further. Plaintiff's motion #115 is granted only to that extent and is otherwise denied. (mk)
May 4, 2021 Opinion or Order Filing 115 MOTION by Plaintiff Fund Recovery Services, LLC. for extension of time to amend unopposed (Ashman, Kenneth)
May 3, 2021 Opinion or Order Filing 114 ATTORNEY Appearance for Defendants Alhambra Circle Partners, LLC, Bruce Goldstein by Cece White (White, Cece)
April 23, 2021 Opinion or Order Filing 113 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 4/23/2021. The parties reported on the status of the settlement. A joint status report regarding an update on settlement discussion is due by 6/28/2021. Mailed notice. (mma, )
April 16, 2021 Opinion or Order Filing 112 MOTION by Defendant Raviv Wolfe to join defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (aee, )
April 15, 2021 Opinion or Order Filing 111 PRO SE Appearance by Defendant Raviv Wolfe. (kl, )
April 15, 2021 Opinion or Order Filing 110 PRO SE Appearance by Defendant Gary Zumski. (kl, )
April 14, 2021 Opinion or Order Filing 109 PRO SE Appearance by Defendant Barry Kostiner. (aee, )
April 14, 2021 Opinion or Order Filing 108 ATTORNEY Appearance for Defendants Berj Arakelian, B Money Holdings, LLC, Bergarviv, LLC by Ryan Dennis O'Dell (O'Dell, Ryan)
April 14, 2021 Opinion or Order Filing 107 MEMORANDUM by Alhambra Circle Partners, LLC, Berj Arakelian, B Money Holdings, LLC, Bergarviv, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, Bruce Goldstein, Barry Kostiner, John A. Kuhlman, Jr., Little Owl Argon, LLC, Harry Madanyan, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Eric Schnosenberg, Sean Tomaszkiewicz, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger, Gary Zumski in support of Motion to Dismiss for Failure to State a Claim,, #103 Memorandum of Defendants in Support of Motion to Dismiss RICO Claims (Goroff, David)
April 14, 2021 Opinion or Order Filing 106 MEMORANDUM by Alhambra Circle Partners, LLC, Berj Arakelian, B Money Holdings, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, Bruce Goldstein, Barry Kostiner, John A. Kuhlman, Jr., Little Owl Argon, LLC, Harry Madanyan, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Eric Schnosenberg, Sean Tomaszkiewicz, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger, Gary Zumski in support of Motion to Dismiss for Failure to State a Claim,, #103 (Attachments: #1 Declaration of Gabriel Aizenberg, #2 Exhibit 1)(Mendeloff, Scott)
April 14, 2021 Opinion or Order Filing 105 MEMORANDUM by Alhambra Circle Partners, LLC, Berj Arakelian, B Money Holdings, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, Bruce Goldstein, Barry Kostiner, John A. Kuhlman, Jr., Little Owl Argon, LLC, Harry Madanyan, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Eric Schnosenberg, Sean Tomaszkiewicz, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger, Gary Zumski in support of Motion to Dismiss for Failure to State a Claim,, #103 (Mendeloff, Scott)
April 14, 2021 Opinion or Order Filing 104 MEMORANDUM by Alhambra Circle Partners, LLC, Berj Arakelian, B Money Holdings, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, Bruce Goldstein, Barry Kostiner, John A. Kuhlman, Jr., Little Owl Argon, LLC, Harry Madanyan, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Eric Schnosenberg, Sean Tomaszkiewicz, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger, Gary Zumski in support of Motion to Dismiss for Failure to State a Claim,, #103 (Attachments: #1 Declaration of Gabriel Aizenberg, #2 Exhibit 1-20)(Mendeloff, Scott)
April 14, 2021 Opinion or Order Filing 103 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Alhambra Circle Partners, LLC, Berj Arakelian, B Money Holdings, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Glenora Company, Bruce Goldstein, Barry Kostiner, John A. Kuhlman, Jr., Little Owl Argon, LLC, Harry Madanyan, Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., RBC Capital Markets, LLC, Eric Schnosenberg, Sean Tomaszkiewicz, Mark Triffler, James I. Uihlein, James P. Uihlein, Daniel Wirzberger, Gary Zumski (Mendeloff, Scott)
March 26, 2021 Opinion or Order Filing 102 MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion for extension of time #101 is granted; due date for responses to complaint is extended to 4/14/2021. The Court will not entertain any further requests to extend this date. Response to motion to dismiss is to be filed by 6/13/2021; consolidated reply to response is to be filed by 7/6/2021. The telephone status hearing set for 4/5/2021 is vacated and reset to 4/23/2021 at 9:40 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk)
March 25, 2021 Opinion or Order Filing 101 MOTION by Defendants Alhambra Circle Partners, LLC, Bruce Goldstein, Blue Treble Solutions, LLC, Sean Tomaszkiewicz, Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., Mark Triffler, Glenora Company, Little Owl Argon, LLC, James I. Uihlein, James P. Uihlein, Harry Madanyan, RBC Capital Markets, LLC, Eric Schnosenberg, Daniel Wirzberger, Berj Arakelian, B Money Holdings, LLC, John A. Kuhlman, Jr., Barry Kostiner, and Gary Zumski for extension of time to file their Motion to Dismiss and to Set a Date for Plaintiff to Respond (Joint) (Mendeloff, Scott) (Docket Text Modified by Clerk's Office) Modified on 3/25/2021 (aee, ).
March 18, 2021 Opinion or Order Filing 100 MINUTE entry before the Honorable Matthew F. Kennelly: Motion of Ryan D. O'Dell to appear pro hac vice #99 is granted. (mk)
March 17, 2021 Opinion or Order Filing 99 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18030651. (O'Dell, Ryan)
March 3, 2021 Opinion or Order Filing 98 ATTORNEY Appearance for Defendant John A. Kuhlman, Jr. by Eric S Pruitt (Pruitt, Eric)
February 18, 2021 Opinion or Order Filing 97 NOTICE by Fund Recovery Services, LLC. of Withdrawal of Summons Returned Executed as to Broadmark Realty Capital Inc. (Ashman, Kenneth)
February 17, 2021 Opinion or Order Filing 96 MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion for extension of time #95 is granted; due date for responses to complaint is extended to 3/31/2021. Telephone status hearing set for 3/4/2021 is vacated and reset to 4/5/2021 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk)
February 16, 2021 Opinion or Order Filing 95 MOTION by Defendants Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., Mark Triffler, Gary Zumski, Daniel Wirzberger, James P. Uihelein, James I. Uihlein,Sean Tomaszkiewicz, Eric Schnosenberg, RBC Capital Markets, LLC, Harry Madanyan, Little Owl Argon, LLC, John A. Kuhlman, Jr., Barry Kostier, Glenora Company, Blue Treble Solutions, LCC, B Money Holdings, LCC, Berj Arakelian, Alhambra Circle Partners, LLC for extension of time to file answer regarding complaint #1 (Unopposed) (Mendeloff, Scott) .
February 13, 2021 Opinion or Order Filing 94 MINUTE entry before the Honorable Matthew F. Kennelly: Motions by Kenneth Rubinstein & Jackson Davis to appear pro hac vice #92 #93 are granted. (mk)
February 12, 2021 Opinion or Order Filing 93 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17923991. (Jackson, S.)
February 12, 2021 Opinion or Order Filing 92 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17923899. (Rubinstein, Kenneth)
February 11, 2021 Opinion or Order Filing 91 ATTORNEY Appearance for Defendant Daniel Wirzberger by Daniel I. Schlessinger (Schlessinger, Daniel)
February 11, 2021 Opinion or Order Filing 90 ATTORNEY Appearance for Defendant Daniel Wirzberger by Seth Corthell (Corthell, Seth)
January 22, 2021 Opinion or Order Filing 89 MINUTE entry before the Honorable Matthew F. Kennelly: The motion of Ryan O'Dell to appear pro hac vice #88 is denied without prejudice to refiling. Mr. O'Dell checked "yes" on one of the questions at the top of page 2 of the form, but contrary to the form's instructions did not attach an explanation. (mk)
January 21, 2021 Opinion or Order Filing 88 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17850954. (O'Dell, Ryan)
January 11, 2021 Opinion or Order Filing 87 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Peraza Capital & Investment, LLC on 12/29/2020, answer due 1/19/2021. (Ashman, Kenneth)
January 11, 2021 Opinion or Order Filing 86 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Raviv Wolfe on 12/23/2020, answer due 1/13/2021. (Ashman, Kenneth)
January 11, 2021 Opinion or Order Filing 85 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Broadmark Capital, LLC on 12/29/2020, answer due 1/19/2021. (Ashman, Kenneth)
January 11, 2021 Opinion or Order Filing 84 SUMMONS Returned Unexecuted by Fund Recovery Services, LLC. as to Raviv Wolfe. (Ashman, Kenneth)
January 11, 2021 Opinion or Order Filing 83 SUMMONS Returned Unexecuted by Fund Recovery Services, LLC. as to Raviv Wolfe. (Ashman, Kenneth)
January 11, 2021 Opinion or Order Filing 82 SUMMONS Returned Unexecuted by Fund Recovery Services, LLC. as to Raviv Wolfe. (Ashman, Kenneth)
January 5, 2021 Opinion or Order Filing 81 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 1/5/2021. The due date for the defendants' responses to the complaint are due 3/1/2021. The defendants' may file up to a 100 pages total for their briefs. A telephonic status hearing is set for 3/4/2021 at 8:30 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, )
January 4, 2021 Opinion or Order Filing 80 ATTORNEY Appearance for Defendant John A. Kuhlman, Jr. by Terence H. Campbell (Campbell, Terence)
December 28, 2020 Opinion or Order SECOND ALIAS Summons Issued as to Defendant Peraza Capital & Investment, LLC (mxo, ) Modified on 12/28/2020 (pj, ).
December 28, 2020 Opinion or Order THIRD ALIAS Summons Issued as to Defendant Peraza Capital & Investment, LLC. (crl, )
December 23, 2020 Opinion or Order SECOND Alias Summons Issued as to Defendant Broadmark Capital, LLC (mxo, )
December 22, 2020 Opinion or Order Filing 79 STATUS Report Joint Status Report by Fund Recovery Services, LLC. (Ashman, Kenneth)
December 18, 2020 Opinion or Order Filing 78 SUMMONS Returned Unexecuted by Fund Recovery Services, LLC. as to Raviv Wolfe. (Ashman, Kenneth)
December 18, 2020 Opinion or Order SECOND ALIAS Summons Issued as to Defendant Raviv Wolfe. (jg, )
December 4, 2020 Opinion or Order Filing 77 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. (Ashman, Kenneth)
December 3, 2020 Opinion or Order Filing 76 ATTORNEY Appearance for Defendant Harry Madanyan by Steven S. Shonder (Shonder, Steven)
December 3, 2020 Opinion or Order Filing 75 ATTORNEY Appearance for Defendant Harry Madanyan by Peter Sam Stamatis (Stamatis, Peter)
December 3, 2020 Opinion or Order ALIAS Summons Issued as to Defendant Raviv Wolfe. (cp, )
December 1, 2020 Opinion or Order Filing 74 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. Daniel Wirzberger waiver sent on 12/1/2020, answer due 2/1/2021. (Ashman, Kenneth)
November 30, 2020 Opinion or Order Filing 73 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. Berj Arakelian waiver sent on 11/28/2020, answer due 1/27/2021. (Ashman, Kenneth)
November 30, 2020 Opinion or Order Filing 72 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. B Money Holdings, LLC waiver sent on 11/28/2020, answer due 1/27/2021. (Ashman, Kenneth)
November 30, 2020 Opinion or Order Filing 71 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. Gary Zumski waiver sent on 11/17/2020, answer due 1/18/2021. (Ashman, Kenneth)
November 25, 2020 Opinion or Order Filing 70 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 11/25/2020. Plaintiff's counsel provided an update regarding the service of summons for the remaining defendants. Defendants are directed to meet and confer to discuss consolidation, adoption of briefs, and overall page limits. The defendants are to consult the plaintiff regarding their discussion. A joint status report is due 12/22/2020. A telephonic status hearing is set for 1/5/2021 at 9:15 a.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. Defendant's responses to the complaint are due on 1/27/2021. Mailed notice. (mma, )
November 23, 2020 Opinion or Order Filing 69 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Noax, LLC on 11/4/2020, answer due 11/25/2020. (Ashman, Kenneth)
November 22, 2020 Opinion or Order Filing 68 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. Bruce Goldstein waiver sent on 11/17/2020, answer due 1/18/2021. (Ashman, Kenneth)
November 22, 2020 Opinion or Order Filing 67 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. Alhambra Circle Partners, LLC waiver sent on 11/17/2020, answer due 1/18/2021. (Ashman, Kenneth)
November 19, 2020 Opinion or Order Filing 66 ATTORNEY Appearance for Defendant Bruce Goldstein by Nishay Kumar Sanan (Sanan, Nishay)
November 19, 2020 Opinion or Order Filing 65 ATTORNEY Appearance for Defendant Alhambra Circle Partners, LLC by Nishay Kumar Sanan (Sanan, Nishay)
November 19, 2020 Opinion or Order Filing 64 ATTORNEY Appearance for Defendants Glenora Company, Little Owl Argon, LLC, James I. Uihlein, James P. Uihlein by Michael Joseph Small (Small, Michael)
November 19, 2020 Opinion or Order Filing 63 ATTORNEY Appearance for Defendants Glenora Company, Little Owl Argon, LLC, James I. Uihlein, James P. Uihlein by David Barry Goroff (Goroff, David)
November 19, 2020 Opinion or Order Filing 62 ATTORNEY Appearance for Defendants Glenora Company, Little Owl Argon, LLC, James I. Uihlein, James P. Uihlein by William J. McKenna, Jr (McKenna, William)
November 18, 2020 Opinion or Order Filing 61 STATUS Report Joint Status Report by Fund Recovery Services, LLC. (Ashman, Kenneth)
November 18, 2020 Opinion or Order Filing 60 ATTORNEY Appearance for Defendants Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., Mark Triffler by Gabriel Aizenberg (Aizenberg, Gabriel)
November 18, 2020 Opinion or Order Filing 59 ATTORNEY Appearance for Defendants Bruce Breitweiser, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Margon LLC, Mark Triffler Trust, Merit Gaming Management Group, L.P., Mark Triffler by Scott T. Mendeloff (Mendeloff, Scott)
November 17, 2020 Opinion or Order Filing 58 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. RBC Capital Markets, LLC waiver sent on 11/16/2020, answer due 1/15/2021. (Ashman, Kenneth)
November 17, 2020 Opinion or Order Filing 57 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. John A. Kuhlman, Jr. waiver sent on 10/26/2020, answer due 12/28/2020. (Ashman, Kenneth)
November 17, 2020 Opinion or Order Filing 56 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Bruce Goldstein on 11/9/2020, answer due 11/30/2020. (Ashman, Kenneth)
November 17, 2020 Opinion or Order Filing 55 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Berj Arakelian on 10/22/2020, answer due 11/12/2020. (Ashman, Kenneth)
November 17, 2020 Opinion or Order Filing 54 SUMMONS Returned Unexecuted by Fund Recovery Services, LLC. as to Broadmark Capital, LLC. (Ashman, Kenneth)
November 17, 2020 Opinion or Order Filing 53 ATTORNEY Appearance for Defendant RBC Capital Markets, LLC by David Stephen Repking (Repking, David)
November 17, 2020 Opinion or Order Filing 52 ATTORNEY Appearance for Defendant RBC Capital Markets, LLC by Steven Marc Malina (Malina, Steven)
November 16, 2020 Opinion or Order Filing 51 Defendant Eric Schnosenberg's ANSWER to Complaint by Eric Schnosenberg(Abrahamson, Harold)
November 12, 2020 Opinion or Order Filing 50 SUMMONS Returned Unexecuted by Fund Recovery Services, LLC. as to Raviv Wolfe. (Ashman, Kenneth)
November 12, 2020 Opinion or Order Filing 49 SUMMONS Returned Unexecuted by Fund Recovery Services, LLC. as to Merit Gaming Management Group, L.P.. (Ashman, Kenneth)
November 12, 2020 Opinion or Order Filing 48 SUMMONS Returned Unexecuted by Fund Recovery Services, LLC. as to Margon LLC. (Ashman, Kenneth)
November 12, 2020 Opinion or Order Filing 47 SUMMONS Returned Unexecuted by Fund Recovery Services, LLC. as to Broadmark Capital, LLC. (Ashman, Kenneth)
November 12, 2020 Opinion or Order Filing 46 SUMMONS Returned Unexecuted by Fund Recovery Services, LLC. as to Bergarviv, LLC. (Ashman, Kenneth)
November 12, 2020 Opinion or Order Filing 45 SUMMONS Returned Unexecuted by Fund Recovery Services, LLC. as to Barry Edmonson. (Ashman, Kenneth)
November 11, 2020 Opinion or Order Filing 44 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Peter Ferro, Jr. on 10/28/2020, answer due 11/18/2020. (Ashman, Kenneth)
November 11, 2020 Opinion or Order Filing 43 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Mark Triffler on 10/25/2020, answer due 11/16/2020. (Ashman, Kenneth)
November 11, 2020 Opinion or Order Filing 42 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Mark Triffler Trust on 10/25/2020, answer due 11/16/2020. (Ashman, Kenneth)
November 11, 2020 Opinion or Order Filing 41 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Joseph Canfora on 11/5/2020, answer due 11/27/2020. (Ashman, Kenneth)
November 11, 2020 Opinion or Order Filing 40 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to John A. Kuhlman, Jr. on 10/26/2020, answer due 11/16/2020. (Ashman, Kenneth)
November 11, 2020 Opinion or Order Filing 39 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Gary Zumski on 10/24/2020, answer due 11/16/2020. (Ashman, Kenneth)
November 11, 2020 Opinion or Order Filing 38 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Cardinal Trust on 10/23/2020, answer due 11/13/2020. (Ashman, Kenneth)
November 11, 2020 Opinion or Order Filing 37 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Byron Faermark on 10/26/2020, answer due 11/16/2020. (Ashman, Kenneth)
November 11, 2020 Opinion or Order Filing 36 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Barry Edmonson on 10/23/2020, answer due 11/13/2020. (Ashman, Kenneth)
November 9, 2020 Opinion or Order Filing 35 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. Sean Tomaszkiewicz waiver sent on 10/20/2020, answer due 12/21/2020. (Ashman, Kenneth)
November 9, 2020 Opinion or Order Filing 34 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. Little Owl Argon, LLC waiver sent on 10/16/2020, answer due 12/15/2020. (Ashman, Kenneth)
November 9, 2020 Opinion or Order Filing 33 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. James P. Uihlein waiver sent on 10/16/2020, answer due 12/15/2020. (Ashman, Kenneth)
November 9, 2020 Opinion or Order Filing 32 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. James I. Uihlein waiver sent on 10/16/2020, answer due 12/15/2020. (Ashman, Kenneth)
November 9, 2020 Opinion or Order Filing 31 WAIVER OF SERVICE returned executed by Fund Recovery Services, LLC.. Glenora Company waiver sent on 10/16/2020, answer due 12/15/2020. (Ashman, Kenneth)
November 9, 2020 Opinion or Order Filing 30 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Daniel Wirzberger on 10/31/2020, answer due 11/23/2020. (Ashman, Kenneth)
November 9, 2020 Opinion or Order Filing 29 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Robert Sheybani on 10/30/2020, answer due 11/20/2020. (Ashman, Kenneth)
November 9, 2020 Opinion or Order Filing 28 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to Bruce Breitweiser on 10/26/2020, answer due 11/16/2020. (Ashman, Kenneth)
November 9, 2020 Opinion or Order Filing 27 SUMMONS Returned Executed by Fund Recovery Services, LLC. as to RBC Capital Markets, LLC on 10/26/2020, answer due 11/16/2020. (Ashman, Kenneth) (Docket text modified by Clerk's Office) Modified on 11/9/2020 (bg, ).
November 3, 2020 Opinion or Order Filing 26 AFFIDAVIT of Service filed by Plaintiff Fund Recovery Services, LLC. regarding Summons served on Little Owl Argon LLC on 11/19/2020 (Ashman, Kenneth)
November 3, 2020 Opinion or Order Filing 25 AFFIDAVIT of Service filed by Plaintiff Fund Recovery Services, LLC. regarding Summons served on James P. Uihlein on 10/27/2020 (Ashman, Kenneth)
November 3, 2020 Opinion or Order Filing 24 AFFIDAVIT of Service filed by Plaintiff Fund Recovery Services, LLC. regarding Summons served on James I. Uihlein on 10/27/2020 (Ashman, Kenneth)
November 3, 2020 Opinion or Order Filing 23 AFFIDAVIT of Service filed by Plaintiff Fund Recovery Services, LLC. regarding Summons served on Glenora Company on 10/22/2020 (Ashman, Kenneth)
November 3, 2020 Opinion or Order Filing 22 AFFIDAVIT of Service filed by Plaintiff Fund Recovery Services, LLC. regarding Summons served on Barry Kostiner on 10/30/20 (Ashman, Kenneth)
November 3, 2020 Opinion or Order Filing 21 AFFIDAVIT of Service filed by Plaintiff Fund Recovery Services, LLC. regarding Summons served on Alhambra Circle Partners, LLC c/o Corporation Service Co. on 10/21/20 (Ashman, Kenneth)
November 2, 2020 Opinion or Order Filing 20 ATTORNEY Appearance for Defendants Blue Treble Solutions, LLC, Sean Tomaszkiewicz by Carolina Y. Sales (Sales, Carolina)
November 2, 2020 Opinion or Order Filing 19 ATTORNEY Appearance for Defendants Blue Treble Solutions, LLC, Sean Tomaszkiewicz by Paul M. Bauch (Bauch, Paul)
October 30, 2020 Opinion or Order Filing 18 MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 11/18/2020, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to file a joint status report that includes the following information: (1) the status of service of process upon each defendant; (2) a description of each party's claims and defenses; (3) details regarding any discussions concerning settlement, whether before or after the filing of the lawsuit; (4) a proposed discovery and pretrial schedule; and (5) any other matters that any party wishes to bring to the Court's attention. The case is set for a case management conference under Federal Rule of Civil Procedure 16 (a "status hearing," in local parlance) on 11/25/2020 at 9:25 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. Plaintiff's counsel is directed to provide a copy of this order to any defendant that has not yet appeared by counsel via regular mail at the address at which the defendant has been or is to be served with process. (mk)
October 30, 2020 Opinion or Order Filing 17 AFFIDAVIT of Service filed by Plaintiff Fund Recovery Services, LLC. regarding Summons served on SSF Holdings, LLC c/o VCorp Services, LLC on 10/19/2020 (Ashman, Kenneth)
October 30, 2020 Opinion or Order Filing 16 AFFIDAVIT of Service filed by Plaintiff Fund Recovery Services, LLC. regarding Summons served on Spartan Specialty Finance I SPV, LLC c/o VCorp Services, LLC on 10/19/2020 (Ashman, Kenneth)
October 30, 2020 Opinion or Order Filing 15 AFFIDAVIT of Service filed by Plaintiff Fund Recovery Services, LLC. regarding Summons served on Spartan Specialty Finance I LLC c/o VCorp Services, LLC on 10/19/2020 (Ashman, Kenneth)
October 30, 2020 Opinion or Order Filing 14 AFFIDAVIT of Service filed by Plaintiff Fund Recovery Services, LLC. regarding Summons served on Harry Mandanyan on 10/23/2020 (Ashman, Kenneth)
October 30, 2020 Opinion or Order Filing 13 AFFIDAVIT of Service filed by Plaintiff Fund Recovery Services, LLC. regarding Summons served on Fintech Asset Management, LLC c/o VCorp Services, LLC on 10/19/2020 (Ashman, Kenneth)
October 30, 2020 Opinion or Order Filing 12 AFFIDAVIT of Service filed by Plaintiff Fund Recovery Services, LLC. regarding Summons served on Blue Treble Solutions, LLC on 10/20/20 (Ashman, Kenneth)
October 30, 2020 Opinion or Order Filing 11 AFFIDAVIT of Service filed by Plaintiff Fund Recovery Services, LLC. regarding Summons served on Evelyn Arakelian on 10/22/2020 (Ashman, Kenneth)
October 29, 2020 Opinion or Order ALIAS Summons Issued as to Defendant Broadmark Capital, LLC. (lxk, )
October 22, 2020 Opinion or Order Filing 10 ATTORNEY Appearance for Defendant Eric Schnosenberg by Harold Abrahamson (Abrahamson, Harold)
October 16, 2020 Opinion or Order ALIAS Summons Issued as to Defendants Margon LLC, Peraza Capital & Investment, LLC, Daniel Wirzberger. (jg, )
October 4, 2020 Opinion or Order Filing 9 MINUTE entry before the Honorable Matthew F. Kennelly: Motions by Geoffrey Huling, Gerard McCabe, and Maurice Mitts to appear pro hac vice #4 #5 #6 are granted. (mk)
September 30, 2020 Opinion or Order Filing 8 EXHIBIT by Plaintiff Fund Recovery Services, LLC. Schedule A regarding MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17493955. Maurice R. MItts #6 (McCabe, Gerard)
September 30, 2020 Opinion or Order Filing 7 EXHIBIT by Plaintiff Fund Recovery Services, LLC. Schedule A regarding MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17492594. #4 (McCabe, Gerard)
September 30, 2020 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17493955. Maurice R. MItts (McCabe, Gerard)
September 30, 2020 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17493698. (McCabe, Gerard)
September 30, 2020 Opinion or Order Filing 4 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17492594. (Huling, Geoffrey)
September 30, 2020 Opinion or Order SUMMONS Issued as to Defendants Bergarviv, LLC, Blue Treble Solutions, LLC, Bruce Breitweiser, Broadmark Capital, LLC, Joseph Canfora, Cardinal Trust, Barry Edmonson, Byron Faermark, Peter Ferro, Jr., Fintech Asset Management, LLC, Glenora Company, Bruce Goldstein (jg, )
September 30, 2020 Opinion or Order SUMMONS Issued as to Defendants Barry Kostiner, John A. Kuhlman, Jr., Little Owl Argon, LLC, Harry Madanyan, Margon LLC, Merit Gaming Management Group, L.P., Noax, LLC, Peraza Capital & Investment, LLC, James I. Uihlein, James P. Uihlein (jg, )
September 30, 2020 Opinion or Order SUMMONS Issued as to Defendants Alhambra Circle Partners, LLC, Berj Arakelian, B Money Holdings, LLC, Mark Triffler Trust, Eric Schnosenberg, Robert Sheybani, Spartan Specialty Finance I LLC, Spartan Specialty Finance I SPV, LLC, Sean Tomaszkiewicz, Mark Triffler, Daniel Wirzberger, Raviv Wolfe, Gary Zumski (jg, )
September 30, 2020 Opinion or Order SUMMONS Issued as to Defendants RBC Capital Markets, LLC, SSF Holdings LLC (jg, )
September 28, 2020 Opinion or Order CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (lxk, )
September 25, 2020 Opinion or Order Filing 3 ATTORNEY Appearance for Plaintiff Fund Recovery Services, LLC. by Kenneth Jay Ashman (Ashman, Kenneth)
September 25, 2020 Opinion or Order Filing 2 CIVIL Cover Sheet (Ashman, Kenneth)
September 25, 2020 Opinion or Order Filing 1 COMPLAINT filed by Fund Recovery Services, LLC.; Jury Demand. Filing fee $ 400, receipt number 0752-17478245.(Ashman, Kenneth)

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Search for this case: Fund Recovery Services, LLC. v. RBC Capital Markets, LLC et al
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Defendant: Spartan Specialty Finance I LLC
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Defendant: Daniel Wirzberger
Represented By: Daniel I. Schlessinger
Represented By: Jackson S. Davis
Represented By: Kenneth J. Rubinstein
Represented By: Seth Corthell
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Defendant: James P. Uihlein
Represented By: David Barry Goroff
Represented By: Michael Joseph Small
Represented By: William J. McKenna, Jr.
Represented By: Kristin Mcgaver Sikora
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Defendant: Noax, LLC
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Defendant: Margon LLC
Represented By: Gabriel Aizenberg
Represented By: Scott T. Mendeloff
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Defendant: B Money Holdings, LLC
Represented By: Ryan Dennis O'Dell
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Defendant: Bergarviv, LLC
Represented By: Ryan Dennis O'Dell
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Defendant: Byron Faermark
Represented By: Gabriel Aizenberg
Represented By: Scott T. Mendeloff
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Defendant: Barry Edmonson
Represented By: Gabriel Aizenberg
Represented By: Scott T. Mendeloff
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Defendant: Peter Ferro, Jr.
Represented By: Gabriel Aizenberg
Represented By: Scott T. Mendeloff
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Defendant: Merit Gaming Management Group, L.P.
Represented By: Gabriel Aizenberg
Represented By: Scott T. Mendeloff
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Defendant: Broadmark Capital, LLC
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Defendant: Sean Tomaszkiewicz
Represented By: Carolina Y. Sales
Represented By: Paul M. Bauch
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Defendant: Raviv Wolfe
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Defendant: Robert Sheybani
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Defendant: Glenora Company
Represented By: David Barry Goroff
Represented By: Michael Joseph Small
Represented By: William J. McKenna, Jr.
Represented By: Kristin Mcgaver Sikora
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Defendant: Spartan Specialty Finance I SPV
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Defendant: Joseph Canfora
Represented By: Gabriel Aizenberg
Represented By: Scott T. Mendeloff
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Defendant: Alhambra Circle Partners, LLC
Represented By: Nishay Kumar Sanan
Represented By: Cece White
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Defendant: Mark Triffler
Represented By: Gabriel Aizenberg
Represented By: Scott T. Mendeloff
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Defendant: Blue Treble Solutions, LLC
Represented By: Carolina Y. Sales
Represented By: Paul M. Bauch
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Defendant: Peraza Capital & Investment, LLC
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Defendant: Harry Madanyan
Represented By: Peter Sam Stamatis
Represented By: Steven S. Shonder
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Defendant: SSF Holdings LLC
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Defendant: Berj Arakelian
Represented By: Ryan Dennis O'Dell
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Defendant: Cardinal Trust
Represented By: Gabriel Aizenberg
Represented By: Scott T. Mendeloff
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Defendant: James I. Uihlein
Represented By: David Barry Goroff
Represented By: Michael Joseph Small
Represented By: William J. McKenna, Jr.
Represented By: Kristin Mcgaver Sikora
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Defendant: Little Owl Argon, LLC
Represented By: David Barry Goroff
Represented By: Michael Joseph Small
Represented By: William J. McKenna, Jr.
Represented By: Kristin Mcgaver Sikora
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Defendant: Eric Schnosenberg
Represented By: Harold Abrahamson
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Defendant: Bruce Breitweiser
Represented By: Gabriel Aizenberg
Represented By: Scott T. Mendeloff
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Defendant: Barry Kostiner
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Defendant: Bruce Goldstein
Represented By: Nishay Kumar Sanan
Represented By: Cece White
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Defendant: Mark Triffler Trust
Represented By: Gabriel Aizenberg
Represented By: Scott T. Mendeloff
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Defendant: RBC Capital Markets, LLC
Represented By: David Stephen Repking
Represented By: Steven Marc Malina
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Defendant: John A. Kuhlman, Jr.
Represented By: Terence H. Campbell
Represented By: Eric S Pruitt
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Defendant: Gary Zumski
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Defendant: Fintech Asset Management, LLC
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Defendant: Spartan Specialty Finance I SPV, LLC
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Plaintiff: Fund Recovery Services, LLC.
Represented By: Kenneth Jay Ashman
Represented By: Gerard M McCabe, First
Represented By: Maurice R. Mitts
Represented By: Geoffrey P Huling, First
Represented By: Kenneth J. Ashman, J.
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