Damian v. EIN CAP, Inc. et al
| Melanie E. Damian |
| EIN CAP, Inc., AKF, Inc., BMF Capital, LLC, Fox Capital Group, Inc., Sutton Funding NY, Inc., Alpha Capital Source, Inc., World Global Capital, LLC, High Five Group, LLC and FundKite, LLC |
| 1:2021cv01792 |
| April 2, 2021 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Other Fraud |
| 15 U.S.C. § 77 Securities Fraud |
| None |
Docket Report
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This docket was last retrieved on March 17, 2023. A more recent docket listing may be available from PACER.
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Filing 110
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 109
SUPPLEMENT to response to motion, #101 Plaintiff's Supplemental Brief in Opposition to Defendants' Motion to Sever Claims (Murena, Kenneth)
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Filing 108
MINUTE entry before the Honorable John F. Kness: In-Person Oral Argument regarding MCA Defendants' Motion to Sever Claims #95 and Motion to Extend Time to Complete Discovery #96 held on 10/18/2022. For the reasons stated on the record, Plaintiff and MCA Defendants may submit supplemental briefing on the Motion to Sever not to exceed five pages in length. Supplemental briefing must be submitted by 11/1/2022. Ruling by mail. The Motion to Extend Time to Complete Discovery #96 is entered and continued. Mailed notice (ef, )
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Filing 107
MINUTE entry before the Honorable John F. Kness: Status hearing set for 9/20/2022 is stricken. Defendants' Motion to Sever Claims #95 is fully briefed. An In-Person Oral Argument Hearing is set for 10/18/2022 at 11:00 AM. Mailed notice (ef, )
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Filing 106
MINUTE entry before the Honorable John F. Kness: Due to a change in the Court's schedule, the status hearing set for 9/15/2022 is stricken and reset for 9/20/2022 at 10:00 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
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Filing 105
MINUTE entry before the Honorable John F. Kness: Status hearing set for 9/15/2022 at 09:50 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
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Filing 104
MINUTE entry before the Honorable John F. Kness: As requested by the parties, the status hearing set for August 26, 2022 at 10:00 a.m. is stricken. The Court will enter a separate order with a new hearing date. Mailed notice. (jjr, )
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Filing 103
STIPULATION To adjourn hearing (Kaminski, Shanna)
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Filing 102
RESPONSE by Melanie E. Damian to MOTION by Defendants AKF, Inc., Alpha Capital Source, Inc., BMF Capital, LLC, EIN CAP, Inc., Fox Capital Group, Inc., FundKite, LLC, High Five Group, LLC, World Global Capital, LLC for extension of time to complete discovery #96 Plaintiff's Response to Defendants' Motion to Modify Schedule Pursuant to Fed. R. Civ. P. 16(b)(4) (Murena, Kenneth)
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Filing 101
RESPONSE by Melanie E. Damian to MOTION by Defendants AKF, Inc., Alpha Capital Source, Inc., BMF Capital, LLC, EIN CAP, Inc., Fox Capital Group, Inc., FundKite, LLC, High Five Group, LLC, World Global Capital, LLC to sever #95 Plaintiff's Response to Defendants' Motion to Sever Claims (Murena, Kenneth)
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Filing 100
MINUTE entry before the Honorable John F. Kness: Plaintiff's Agreed Motion to modify briefing schedule #99 is granted The briefing schedule on Defendants' opposed motion to sever #95 and motion for extension of time to complete discovery #96 is extended as follows: Plaintiff must respond on or before 8/8/2022 and Defendants must reply on or before 8/12/2022. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs to chambers via U.S. Mail or reliable commercial delivery service. The status hearing set for 8/18/2022 is stricken and reset to 8/26/2022 at 10:00 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
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Filing 99
MOTION by Plaintiff Melanie E. Damian for extension of time to file response/reply as to motion for extension of time to complete discovery, #96 , motion to sever, #95 Plaintiff's Agreed Motion to Modify Briefing Schedule as to Defendants' Motion to Sever Claims and Defendants' Motion to Modify Schedule Pursuant to Fed. R. Civ. P. 16(b)(4) (Attachments: #1 Text of Proposed Order)(Groth, Jonathan)
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Filing 98
MINUTE entry before the Honorable John F. Kness: By agreement of the parties, the Court sets the following briefing schedule on Defendants' opposed motion to sever #95 and motion for extension of time to complete discovery #96 : Plaintiff must respond on or before 7/29/2022 and Defendants must reply on or before 8/5/2022. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs to chambers via U.S. Mail or reliable commercial delivery service. Status hearing set for 7/26/2022 is stricken and reset for 8/18/2022 at 10:00 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
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Filing 97
Agreed Briefing Schedule by AKF, Inc., Alpha Capital Source, Inc., BMF Capital, LLC, EIN CAP, Inc., Fox Capital Group, Inc., FundKite, LLC, High Five Group, LLC, World Global Capital, LLC (Kaminski, Shanna)
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Filing 96
MOTION by Defendants AKF, Inc., Alpha Capital Source, Inc., BMF Capital, LLC, EIN CAP, Inc., Fox Capital Group, Inc., FundKite, LLC, High Five Group, LLC, World Global Capital, LLC for extension of time to complete discovery (Kaminski, Shanna)
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Filing 95
MOTION by Defendants AKF, Inc., Alpha Capital Source, Inc., BMF Capital, LLC, EIN CAP, Inc., Fox Capital Group, Inc., FundKite, LLC, High Five Group, LLC, World Global Capital, LLC to sever (Attachments: #1 Memorandum of Law)(Kaminski, Shanna)
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Filing 94
MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing held on 6/29/2022. For the reasons stated on the record, Defendants' motion to set deadline to answer or extend time to answer #86 is granted and the answer to complaint and affirmative defenses #90 is deemed filed. Plaintiff's motion for default judgment #85 is dismissed as moot. Defendants are granted leave to file any motions to sever and/or to extend the scheduling order on or before 7/14/2022, and the parties must file a separate statement on the docket containing their proposed briefing schedule (agreed or competing). Mailed notice (ef, )
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Filing 93
NOTICE by Melanie E. Damian re MOTION by Plaintiff Melanie E. Damian for default judgment as to Request for Clerk's Entry of Default Against Defendants EIN Cap, Inc., Alpha Capital Source, Inc., BMF Capital, LLC and High Five Group, LLC #85 Notice of Withdrawal of Request for Clerk's Entry of Default Against Defendants EIN Cap, Inc., Alpha Capital Source, Inc.,, BMF Capital, LLC and High Five Group, LLC (Murena, Kenneth)
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Filing 92
MINUTE entry before the Honorable John F. Kness: The motion hearing set for 6/29/2022 #87 will be conducted via telephone. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
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Filing 91
REPLY by Alpha Capital Source, Inc., BMF Capital, LLC, EIN CAP, Inc., High Five Group, LLC to MOTION by Defendants Alpha Capital Source, Inc., BMF Capital, LLC, EIN CAP, Inc., High Five Group, LLC for extension of time to file answer or otherwise respond to complaint or to set deadline to answer or otherwise respond to complaint #86 (Kaminski, Shanna)
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Filing 90
ANSWER to Complaint by Alpha Capital Source, Inc., BMF Capital, LLC, EIN CAP, Inc., High Five Group, LLC(Kaminski, Shanna)
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Filing 89
STATUS Report Joint Status Report Pursuant to Court Order Dated April 26, 2022 [ECF No. 84] by Melanie E. Damian (Murena, Kenneth)
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Filing 88
RESPONSE by Melanie E. Damianin Opposition to MOTION by Defendants Alpha Capital Source, Inc., BMF Capital, LLC, EIN CAP, Inc., High Five Group, LLC for extension of time to file answer or otherwise respond to complaint or to set deadline to answer or otherwise respond to complaint #86 (Murena, Kenneth)
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Filing 87
MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule on Defendants' motion to set deadline to answer or extend time to answer #86 : Plaintiff must respond on or before 6/7/2022 and Defendants must reply on or before 6/21/2022. An in-person motion hearing is set for 6/29/2022 at 10:00 AM. Mailed notice (ef, )
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Filing 86
MOTION by Defendants Alpha Capital Source, Inc., BMF Capital, LLC, EIN CAP, Inc., High Five Group, LLC for extension of time to file answer or otherwise respond to complaint or to set deadline to answer or otherwise respond to complaint (Kaminski, Shanna)
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Filing 85
MOTION by Plaintiff Melanie E. Damian for default judgment as to Request for Clerk's Entry of Default Against Defendants EIN Cap, Inc., Alpha Capital Source, Inc., BMF Capital, LLC and High Five Group, LLC (Attachments: #1 Text of Proposed Order)(Murena, Kenneth)
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Filing 84
MINUTE entry before the Honorable John F. Kness: At the Court's instance, the status hearing set #77 for 4/28/2022 is stricken and reset to 7/26/2022 at 09:30 AM. The parties shall use the same call-in information #56 . The parties are instructed to file a joint status report on the status of fact discovery on or before 5/27/2022. In view of Plaintiff's notice #83 of withdrawal of her request #79 for entry of default, the request #79 is dismissed as moot. Mailed notice (ef, )
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Filing 83
NOTICE by Melanie E. Damian re request for default #79 Notice of Withdrawal of Request for Clerk's Entry of Default [ECF No. 79] (Murena, Kenneth)
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Filing 82
ANSWER to Complaint by AKF, Inc., Fox Capital Group, Inc., FundKite, LLC, World Global Capital, LLC(Kaminski, Shanna)
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Filing 81
REPLY by Melanie E. Damian to Response #80 Plaintiff's Reply to Defendants' Response [ECF No. 80] to Request for Clerk's Entry of Default [ECF No. 79] (Murena, Kenneth)
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Filing 80
RESPONSE by Defendants AKF, Inc., Fox Capital Group, Inc., FundKite, LLC, World Global Capital, LLC to request for default #79 (Kaminski, Shanna)
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Filing 79
REQUEST For Default (Attachments: #1 Text of Proposed Order - Clerks Default)(Murena, Kenneth)
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Filing 78
SCHEDULING ORDER signed by the Honorable John F. Kness on 2/14/2022. Mailed notice(ef, )
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Filing 77
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 2/11/2022. For the reasons stated on the record, Defendants' motion to dismiss #60 is denied. The Court adopts the parties proposed schedule. Enter scheduling order. Motion by counsel for leave to appear pro hac vice #76 is granted. A continued status hearing is set for 4/28/2022 at 09:50 AM. The parties shall use the same call-in information #56 . Mailed notice (ef, )
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Filing 76
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19147452. (Groth, Jonathan)
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Filing 75
Plaintiff's Memorandum Of Law Regarding Subject Matter Jurisdiction Pursuant To Court's Order Dated January 14, 2022 [ECF NO. 74] by Melanie E. Damian (Murena, Kenneth)
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Filing 74
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 1/14/2022. For the reasons stated on the record, the Court orders Plaintiff to file a Jurisdictional Memorandum identifying specific facts in support of subject matter jurisdiction on or before 1/28/2022. The status hearing is continued to 2/11/2022 at 10:40 AM. The parties shall use the same call-in information #56 . Mailed notice (ef, )
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Filing 73
MINUTE entry before the Honorable John F. Kness: Due to a change in the Court's schedule, the status hearing set for 1/14/2022 at 10:10 a.m. is reset for 1/14/2022 at 09:45 AM. TIME CHANGE ONLY. Mailed notice (ef, )
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Filing 72
MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for leave to file excess pages #71 is granted. Plaintiff's Motion for leave to file #70 is dismissed as moot. Mailed notice (ef, )
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Filing 71
MOTION by Plaintiff Melanie E. Damian for leave to file (Attachments: #1 Proposed Joint Rule 26 Report)(Murena, Kenneth)
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Filing 70
MOTION by Plaintiff Melanie E. Damian for leave to file Joint Initial status Report in Excess of Seven Pages (Murena, Kenneth)
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Filing 69
MINUTE entry before the Honorable John F. Kness: At the Court's instance, the status hearing set for 11/30/2021 is stricken. The parties are directed to meet and confer and to provide the court with a proposed case management schedule. On or before 12/10/2021, the parties must submit a Word version of their proposed scheduling order under Rule 16(b) to the Court's proposed order mailbox, Proposed_Order_Kness@ilnd.uscourts.gov. The status hearing is reset to 1/14/2022 at 10:10 AM. The parties are directed to use the same call-in information #56 . Mailed notice (ef, )
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Filing 68
REPLY by Defendants AKF, Inc., Fox Capital Group, Inc., FundKite, LLC, World Global Capital, LLC to response in opposition to motion, #67 (Kaminski, Shanna)
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Filing 67
RESPONSE by Melanie E. Damianin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants AKF, Inc., Fox Capital Group, Inc., FundKite, LLC, World Global Capital, LLC #60 Plainteff's Response in Opposition to Defendants' Motion to Dismiss (Attachments: #1 Exhibit A)(Murena, Kenneth)
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Filing 66
STIPULATION of Dismissal as to Defendant Sutton Funding NY, Inc. (Murena, Kenneth)
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Filing 65
MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule on Defendants' motion to dismiss #60 : Plaintiff must respond on or before 10/1/2021 and Defendants must reply on or before 10/15/2021. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs to chambers via U.S. Mail or reliable commercial delivery service. Status hearing set for 9/16/2021 is stricken and reset for 11/30/2021 at 09:30 AM; the parties shall use the same call-in information #56 . Mailed notice (ef, )
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Filing 64
MINUTE entry before the Honorable John F. Kness: Motion for extension of time #63 is granted. Plaintiff shall respond to the motion to dismiss #60 by 10/1/2021. Mailed notice (ags)
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Filing 63
MOTION by Plaintiff Melanie E. Damian for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim #60 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss (Attachments: #1 Text of Proposed Order)(Murena, Kenneth)
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Filing 62
MINUTE entry before the Honorable John F. Kness: Motion for leave to file a memorandum of law #59 is granted. Mailed notice (ags)
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Filing 61
SERVICE by Publication filed by Plaintiff Melanie E. Damian. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Murena, Kenneth)
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Filing 60
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants AKF, Inc., Fox Capital Group, Inc., FundKite, LLC, World Global Capital, LLC (Attachments: #1 Memorandum of Law)(Kaminski, Shanna)
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Filing 59
MOTION by Defendants AKF, Inc., Fox Capital Group, Inc., FundKite, LLC, World Global Capital, LLC for leave to file a memorandum of law in support of Motion to Dismiss in excess of 15 pages (Kaminski, Shanna)
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Filing 58
MINUTE entry before the Honorable John F. Kness: Agreed Motion for extension of time to answer #57 is granted. Defendants must answer or otherwise plead to Plaintiff's complaint on or before 8/27/2021. Mailed notice (ef, )
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Filing 57
MOTION by Plaintiff Melanie E. Damian for extension of time to file answer regarding complaint #1 Agreed Motion for Extension of Time to Answer or Otherwise Respond (Attachments: #1 Text of Proposed Order)(Murena, Kenneth)
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Filing 56
MINUTE entry before the Honorable John F. Kness: The Court's earlier minute entry dated 8/17/2021 #55 is amended as follows: Telephonic status hearing set for 9/16/2021 at 10:45 AM. The parties are to use the following call-in number: 888-684-8852, access code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
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Filing 55
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing set for 9/16/21 at 10:45 AM; that hearing will be stricken if a stipulation of dismissal is filed in advance. The parties are to use the following call-in number: 888-684-8852, access code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
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Filing 54
NOTICE of Correction regarding #53 . (lp, )
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Filing 53
Entered in error.
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Filing 52
MINUTE entry before the Honorable Jeffrey T. Gilbert: The parties informed the Court that Plaintiff and Defendant Sutton Funding have reached a settlement in principle and are in the process of finalizing documentation. Accordingly, the status hearing set for 8/10/21 is stricken with no appearance required. All matters relating to the referral of this matter having been addressed, this case is returned to the District Judge. Referral terminated. Mailed notice (ber, )
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Filing 51
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 7/21/21 and continued to 8/10/21 at 10:00 a.m. for a report on the efforts of Plaintiff and Defendant Sutton to resolve the case. If the parties resolve the case before then, counsel jointly should notify the Court's courtroom deputy and the hearing will be stricken. Plaintiff and the MCA Defendants agree that once Plaintiff and Defendant Sutton resolve their claims, the Court can terminate the settlement referral as settlement is not now a realistic possibility for those parties. The call-in number for the continued telephonic hearing on 8/10/21 is 877-336-1829, access code 1022195, press #. Members of the public and media will be able to call in to listen to this hearing. 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. Mailed notice (ber, )
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Filing 50
MINUTE entry before the Honorable Jeffrey T. Gilbert: By agreement, the settlement conference set for 7/21/21 at 9:30 a.m. #49 is stricken. The Court, however, will have a brief telephone call at that time with counsel for the parties about next steps. The toll-free call-in number and access code for the telephone conference is as follows: Dial: 877-336-1829 Access Code: 1022195. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (ber, )
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Filing 49
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 7/1/21 with Plaintiff and the MCA Defendants. For the reasons stated on the record, the settlement conference set for 7/21/21 at 1:15 p.m. with Plaintiff and the MCA Defendants is stricken. If settlement becomes a realistic possibility in the future between these parties, they are invited to contact Judge Gilbert or the District Judge (if the settlement referral in this case is closed by then). The settlement conference set for 7/21/21 at 9:30 a.m. with Plaintiff and Defendant Sutton will proceed as scheduled unless the parties report they have resolved the case before then. If the settlement conference with Plaintiff and Defendant Sutton does go ahead, the Court will set a date for the parties to submit their supplemental written positions. Counsel shall send an email to the Court's courtroom deputy at Brenda_Rinozzi@ilnd.uscourts.gov that includes all individuals who will attend the settlement conference for each party, as well as the names and email addresses of those individuals. Mailed notice (ber, )
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Filing 48
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's Motion #45 for substitute service on Defendants, EIN CAP, Inc. and BMF Capital, LLC. For the reasons set forth in the motion, substitute service is granted. The New York Civil Practice Law and Rules (NY CPLR) grants the Court discretion to allow service to be effected in any such manner it deems appropriate where personal service is otherwise impracticable. Service by publication is permitted under 316 of NY CPLR. Plaintiff explains in its motion that it has attempted to serve the defendants at their places of business but for reasons outside Plaintiff's control and likely due to the ongoing COVID-19 pandemic, no representative of the company is actively conducting business at the business addresses. The Court finds that these circumstances are sufficient to warrant alternative service and thus grants Plaintiff's motion. Mailed notice (ef, )
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Filing 47
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 6/23/21. A continued telephone status hearing is set for 7/1/21 at 9:30 a.m. with Plaintiff and the MCA Defendants to determine whether the settlement conference set for 7/21/21 at 1:15 p.m. will proceed on that date as between these parties. Defendant Sutton is excused from this telephone conference. The settlement conference set for 7/21/21 at 9:30 a.m. with Plaintiff and Defendant Sutton will proceed as scheduled unless the parties report they have resolved the case before then. Counsel shall send an email to the Court's courtroom deputy at Brenda_Rinozzi@ilnd.uscourts.gov that includes all individuals who will attend the settlement conference for each party, as well as the names and email addresses of those individuals. The toll-free call-in number and access code for the telephone conference on 7/1/21 is as follows: Dial: 877-336-1829 Access Code: 1022195. 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. Mailed notice (ber, )
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Filing 46
MINUTE entry before the Honorable Jeffrey T. Gilbert: The call-in number for the telephonic hearing on 6/23/21 is 877-336-1829, access code 1022195, press #. Mailed notice(ber, )
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Filing 45
MOTION by Plaintiff Melanie E. DamianSubstitute Service on Defendants, Ein Cap, Inc. and BMF Capital, LLC (Attachments: #1 Exhibit A)(Murena, Kenneth)
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Filing 44
MINUTE entry before the Honorable John F. Kness: Motion by counsel for leave to appear pro hac vice #38 is granted. Joint Motion for extension of time to answer #42 is granted. Defendants must answer or otherwise plead on or before 8/23/2021. Mailed notice (ef, )
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Filing 43
NOTICE of Motion by Steven Andrew Block for presentment of (Block, Steven)
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Filing 42
MOTION by Defendant Sutton Funding NY, Inc. for extension of time to file answer regarding complaint #1 JOINT MOTION (Block, Steven)
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Filing 41
SUMMONS Returned Unexecuted by Melanie E. Damian as to BMF Capital, LLC. (Murena, Kenneth)
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Filing 39
WAIVER of service returned unexecuted as to EIN CAP, INC, filed by Melanie E. Damian. (Murena, Kenneth)
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Filing 38
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18287385. (Piekarski, Menachem)
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Filing 40
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 5/25/21 and continued to 6/23/21 at 10:00 a.m. Off the record discussions held with counsel. For the reasons discussed with counsel, the Court sets two settlement conference in this matter. A settlement conference with Plaintiff and Defendant Sutton Funding NY, Inc. is set for 7/21/21 at 9:30 a.m. A settlement conference with Plaintiff and the MCA Defendants is set for 7/21/21 at 1:15 p.m. The settlement conferences will proceed via videoconference with Cisco Webex. Counsel shall confirm with the Court's courtroom deputy, Brenda_Rinozzi@ilnd.uscourts.gov, by the close of business on 5/28/21 that all necessary participants are available on these dates. Plaintiff's separate settlement letters shall be delivered to Defendants, with a copy delivered to the Court via the Court's settlement correspondence email at Settlement_Correspondence_Gilbert@ilnd.uscourts.gov, on or before 6/4/21. Defendants' separate settlement response letters shall be delivered to Plaintiff, with a copy delivered to the Court via the Court's settlement correspondence email at Settlement_Correspondence_Gilbert@ilnd.uscourts.gov, on or before 6/18/21. Settlement letters are not to be filed on the CM-ECF system. Mailed notice (ber, )
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Filing 37
MINUTE entry before the Honorable John F. Kness: Motion by counsel for leave to appear pro hac vice #34 is granted. Mailed notice (ef, )
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Filing 36
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the Court's instance, the status hearing set for 6/1/21 is reset to 5/25/21 at 10:00 a.m. The toll-free call-in number and access code for the telephone conference is as follows: Dial: 877-336-1829 Access Code: 1022195. When you are connected to the conference system, please keep your phone on mute until your case is called. There may be other people in other cases speaking in the conference when you join the conference and before your case is called. When your case is called, please unmute your phone and remember to say your name each and every time you speak. 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. Mailed notice (ber, )
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Filing 35
MINUTE entry before the Honorable Jeffrey T. Gilbert:This matter has been referred to Magistrate Judge Gilbert for the purpose of settlement. A telephone status conference with the Court is set for 6/1/21 at 10:00 a.m. Prior to the status hearing, the parties shall familiarize themselves with the subjects referenced in Magistrate Judge Gilbert's Standing Order for Settlement Conference posted on the Court's website at www.ilnd.uscourts.gov/Judges as applicable to referral cases. The toll-free call-in number and access code for the telephone conference is as follows: Dial: 877-336-1829 Access Code: 1022195. When you are connected to the conference system, please keep your phone on mute until your case is called. There may be other people in other cases speaking in the conference when you join the conference and before your case is called. When your case is called, please unmute your phone and remember to say your name each and every time you speak. 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. Mailed notice (ber, )
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Filing 34
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18264606. (Pierre, Markenson) Modified on 5/26/2021 (ef, ).
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Filing 33
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: settlement conference. (ef, )Mailed notice.
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Filing 32
MINUTE entry before the Honorable John F. Kness: Plaintiff's Unopposed Motion for settlement conference #31 is granted. This case will be referred to Magistrate Judge Gilbert for the purposes of a settlement conference. All deadlines and proceedings in the case are stayed pending the completion of settlement discussions. Mailed notice (ef, )
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Filing 31
MOTION by Plaintiff Melanie E. DamianPlaintiff's Unopposed Motion for Judicial Settlement Conference with Defendants (Murena, Kenneth)
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Filing 30
SUMMONS Returned Executed by Melanie E. Damian as to High Five Group, LLC on 4/22/2021, answer due 5/13/2021. (Murena, Kenneth)
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Filing 29
ATTORNEY Appearance for Plaintiff Melanie E. Damian by Kenneth Dante Murena (Murena, Kenneth)
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Filing 28
MINUTE entry before the Honorable John F. Kness: Defendants' Motions for extension of time to answer #20 #24 #26 are granted. Defendant Fundkite, LLC, Fox Business Capital, Inc., and World Global Capital, LLC must answer or otherwise plead to Plaintiff's complaint on or before 6/2/2021. Mailed notice (ef, )
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Filing 27
NOTICE of Motion by Shanna Marie Kaminski for presentment of (Kaminski, Shanna)
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Filing 26
MOTION by Defendant World Global Capital, LLC for extension of time to file answer AGREED MOTION (Kaminski, Shanna)
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Filing 25
NOTICE of Motion by Shanna Marie Kaminski for presentment of (Kaminski, Shanna)
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Filing 24
MOTION by Defendant FundKite, LLC for extension of time to file answer (Kaminski, Shanna)
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Filing 23
ATTORNEY Appearance for Defendant World Global Capital, LLC by Shanna Marie Kaminski (Kaminski, Shanna)
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Filing 22
ATTORNEY Appearance for Defendant FundKite, LLC by Shanna Marie Kaminski (Kaminski, Shanna)
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Filing 21
NOTICE of Motion by Shanna Marie Kaminski for presentment of (Kaminski, Shanna)
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Filing 20
MOTION by Defendant Fox Capital Group, Inc. for extension of time to file answer AGREED MOTION (Kaminski, Shanna)
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Filing 19
MINUTE entry before the Honorable John F. Kness: Defendant's Motion for extension of time to answer #15 is granted. Defendant AKF, Inc. must answer or otherwise plead to Plaintiff's complaint on or before 6/2/2021. Mailed notice (ef, )
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Filing 18
SUMMONS Returned Executed by Melanie E. Damian as to World Global Capital, LLC on 4/12/2021, answer due 5/3/2021. (Murena, Kenneth)
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Filing 17
SUMMONS Returned Executed by Melanie E. Damian as to FundKite, LLC on 4/12/2021, answer due 5/3/2021. (Murena, Kenneth)
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Filing 16
NOTICE of Motion by Shanna Marie Kaminski for presentment of (Kaminski, Shanna)
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Filing 15
MOTION by Defendant AKF, Inc. for extension of time to file answer (Kaminski, Shanna)
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Filing 14
ATTORNEY Appearance for Defendant Fox Capital Group, Inc. by Shanna Marie Kaminski (Kaminski, Shanna)
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Filing 13
MINUTE entry before the Honorable John F. Kness: Defendant's Motion for extension of time to answer #11 is granted. Defendant Sutton Funding NY, Inc. must answer or otherwise plead to Plaintiff's complaint on or before 6/2/2021. Mailed notice (ef, )
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Filing 12
NOTICE of Motion by Steven Andrew Block for presentment of (Block, Steven)
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Filing 11
MOTION by Defendant Sutton Funding NY, Inc. for extension of time to file answer regarding complaint #1 AGREED MOTION (Block, Steven)
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Filing 10
ATTORNEY Appearance for Defendant Sutton Funding NY, Inc. by Steven Andrew Block (Block, Steven)
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Filing 9
SUMMONS Returned Executed by Melanie E. Damian as to Alpha Capital Source, Inc. on 4/14/2021, answer due 5/5/2021. (Murena, Kenneth)
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Filing 8
SUMMONS Returned Executed by Melanie E. Damian as to Sutton Funding NY, Inc. on 4/12/2021, answer due 5/3/2021. (Murena, Kenneth)
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Filing 7
SUMMONS Returned Executed by Fox Capital Group, Inc. as to Fox Capital Group, Inc. on 4/12/2021, answer due 5/3/2021. (Murena, Kenneth)
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Filing 6
SUMMONS Returned Executed by Melanie E. Damian as to AKF, Inc. on 4/12/2021, answer due 5/3/2021. (Murena, Kenneth)
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Filing 5
ATTORNEY Appearance for Defendant AKF, Inc. by Shanna Marie Kaminski (Kaminski, Shanna)
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SUMMONS Issued as to Defendants AKF, Inc., Alpha Capital Source, Inc., BMF Capital, LLC, EIN CAP, Inc., Fox Capital Group, Inc., FundKite, LLC, High Five Group, LLC, Sutton Funding NY, Inc., World Global Capital, LLC (jmk, )
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Filing 4
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Melanie E. Damian (Duff, Kevin)
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Filing 3
ATTORNEY Appearance for Plaintiff Melanie E. Damian by Kevin Buckley Duff (Duff, Kevin)
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Filing 2
CIVIL Cover Sheet (Duff, Kevin)
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Filing 1
COMPLAINT filed by Melanie E. Damian; Filing fee $ 402, receipt number 0752-18085825.(Duff, Kevin)
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CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (cp, )
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