Trust Capital Funding, LLC v. Roosen et al
| Trust Capital Funding, LLC |
| Shervin Azodi, Innovative Music, LLC, Andrew Frank Roosen and Innovative Music, LLC doing business as In 1 doing business as In 1 Case doing business as In One & In One case |
| 1:2018cv10456 |
| March 8, 2018 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Norfolk |
| M Page Kelley |
| George A OToole |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 43 Mail Returned as Undeliverable. Mail sent to Andrew Frank Roosen (Belmont, Kellyann) |
| Filing 42 Mail Returned as Undeliverable. Mail sent to Shervin Azodi (Belmont, Kellyann) |
| Filing 41 STIPULATION of Dismissal without prejudice by Trust Capital Funding, LLC. (Attachments: #1 Certificate of Service)(Cellai, Carlo) |
| Filing 40 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Status Conference via telephone held on 6/7/2019.Plaintiff's counsel informs the Court of the status of the case. Defendants have retained an attorney who has not entered an appearance in the case and the plaintiff is trying to get them to sign off on a stipulation of dismissal. If the plaintiff does not hear back from defendant's counsel they will file a motion to dismiss by 6/14/19. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Carlo Cellai and Steven Sroczynski for plaintiff) (Belmont, Kellyann) |
| Filing 39 Copy re 38 Notice of Hearing mailed to Andrew Frank Roosen and Shervin Azodi on 5/31/2019. (Belmont, Kellyann) |
| Filing 38 ELECTRONIC NOTICE of Hearing. Status Conference set for 6/7/2019 12:15 PM in Courtroom 24 before Magistrate Judge M. Page Kelley. Parties may appear by telephone by calling 1-866-434-5269 and entering access code 7576465. (Belmont, Kellyann) |
| Filing 37 Mail Returned as Undeliverable. Mail sent to Shervin Azodi (Belmont, Kellyann) |
| Filing 36 Mail Returned as Undeliverable. Mail sent to Shervin Azodi (Belmont, Kellyann) (Belmont, Kellyann). |
| Filing 35 Return receipt received for mail sent to Andrew Frank Roosen Delivered on 12/17/2018 (Belmont, Kellyann) |
| Filing 34 Copies re 33 Notice Cancelling Hearing, #31 Notice: Clerk's Entry of Default, #32 Notice: Clerk's Entry of Default, mailed to Andrew Frank Roosen and Shervin Azodi on 12/11/2018. Via regular and certified mail. (Belmont, Kellyann) |
| Filing 33 ELECTRONIC NOTICE Cancelling Hearing. The Status conference set for 12/18/18 at 11:00AM is cancelled. (Belmont, Kellyann) |
| Filing 32 NOTICE: Clerk's ENTRY OF DEFAULT as to Shervin Azodi. Defendant Azodi has failed to comply with the court's 10/10/2018 Order to engage new counsel, to have new counsel file a notice of appearance, and to have new counsel consult with plaintiff's counsel to file a new proposed schedule (Belmont, Kellyann) |
| Filing 31 NOTICE: Clerk's ENTRY OF DEFAULT as to Andrew Frank Roosen. Defendant Roosen has failed to comply with the court's 10/10/2018 Order to engage new counsel, to have new counsel file a notice of appearance, and to have new counsel consult with plaintiff's counsel to file a new proposed schedule. (MacDougall, Patricia) (Belmont, Kellyann). |
| Filing 30 STATUS REPORT with Certificate of Service by Trust Capital Funding, LLC. (Cellai, Carlo) |
| Filing 29 Mail Returned as Undeliverable.# 27 Mail sent to Shervin Azodi (Belmont, Kellyann) |
| Filing 28 Copy re 27 Clerk's notes mailed to defendants on 10/12/2018. (Belmont, Kellyann) |
| Filing 27 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Motion Hearing held on 10/10/2018 re #25 MOTION to Withdraw as Attorney. Motion hearing held re #25 Motion to withdraw as attorney. Defendants' counsel present in the courtroom. Plaintiff's counsel and defendants Andrew Frank Roosen and Shervin Azodi appear by telephone. Court hears from the parties about issues regarding scheduling depositions and the extension of deadlines in the case. Plaintiff's counsel disconnects from the call and the Court holds an ex parte hearing with defendants and defense counsel. After hearing from the parties, the Court allows motion #25 . Defendants will have 60 days to find new counsel. Court suspends the deadlines currently set in the case. New counsel should file a notice of appearance and work with plaintiff's counsel to file a new proposed schedule within the next 60 days. (Court Reporter: Digital Recording.)(SEALED 2:12:00-2:33:00) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Meron Aleas by telephone for plaintiff, Kristin Thurbide for defendants, defendants Andrew Frank Roosen and Shervin Azodi present by telephone) (Belmont, Kellyann) |
| Filing 26 ELECTRONIC NOTICE Setting Hearing on Motion #25 MOTION to Withdraw as Attorney : Motion Hearing set for 10/10/2018 02:00 PM in Courtroom 24 before Magistrate Judge M. Page Kelley. All defendants must be present by telephone. Defense counsel must be present in person. Plaintiff's counsel may appear by telephone. ( Call in information: 1-866-434-5269 and access code 7576465) (Belmont, Kellyann) |
| Filing 25 MOTION to Withdraw as Attorney (Unopposed) by Shervin Azodi, Innovative Music, LLC, Andrew Frank Roosen.(Culik, Josef) |
| Filing 24 ELECTRONIC NOTICE of Hearing. Status Conference set for 12/18/2018 11:00 AM in Courtroom 24 before Magistrate Judge M. Page Kelley. (Belmont, Kellyann) |
| Filing 23 Disclosure pursuant to Rule 26 by Trust Capital Funding, LLC.(Cellai, Carlo) |
| Filing 22 ANSWER to Counterclaim by Trust Capital Funding, LLC. (Attachments: #1 Certificate of Service)(Cellai, Carlo) |
| Filing 21 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Scheduling Conference held on 5/18/2018. The Court adopts the dates set forth in #18 Joint Submission. The Court will set a status date mid to late December. Court denies #8 Motion for More Definite Statement without prejudice at this time with the understanding that plaintiff my refile it after discovery is complete. Counsel address the issue of diversity. Defendant submits to the Court photocopies of Driver's licenses of two defendants that reside in California and Nevada and Plaintiff informs the Court its constituents are located out of Massachusetts and California. Court informs counsel of it's discovery practices and the availability of the Court's mediation program. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Steven Srocznski for the plaintiff and Kristin Thurbide for defendants) (Moore, Kellyann) |
| Filing 20 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. The basis for jurisdiction in this case is diversity. Based on the pleadings to date, it is unclear if diversity exists. Plaintiff Trust Capital Funding, LLC, is alleged to be a Massachusetts company with a principal place of business in Massachusetts. Defendant Innovative Music, LLC, is alleged to have a usual place of business in California. The citizenship of a limited partnership or a limited liability company is to be determined by the citizenship of its constituent members. Carden v. Arkoma Assoc., 494 U.S. 185, 195-96 (1990); Pramco, LLC v. San Juan Bay Marina, Inc., 435 F.3d 51 (1st Cir. 2006). At the scheduling hearing on May 18, 2018, plaintiff Trust Capital Funding, LLC, and defendant Innovative Music, LLC, shall be prepared to state the citizenship of their respective constituent members in order to confirm the existence of diversity jurisdiction.(MacDougall, Patricia) |
| Filing 19 CERTIFICATION pursuant to Local Rule 16.1 . (Culik, Josef) |
| Filing 18 JOINT SUBMISSION pursuant to Local Rule 16.1 CERTIFICATION OF RULE 26(f) CONFERENCE AND JOINT PROPOSED SCHEDULING ORDER by Trust Capital Funding, LLC. (Attachments: #1 Certificate of Service)(Cellai, Carlo) |
| Filing 17 NOTICE OF RESCHEDULING: Scheduling Conference reset for 5/18/2018 02:00 PM in Courtroom 24 before Magistrate Judge M. Page Kelley. Please see attached notice. (Moore, Kellyann) |
| Filing 16 ELECTRONIC NOTICE of Reassignment. Magistrate Judge M. Page Kelley added. Judge George A. OToole, Jr no longer assigned to case. (Danieli, Chris) |
| Filing 15 CONSENT by all parties to Jurisdiction by US Magistrate Judge by Trust Capital Funding, LLC.. (Attachments: #1 Certificate of Service)(Cellai, Carlo) (Main Document 15 replaced on 5/2/2018) (Danieli, Chris). |
| Filing 14 Opposition re #8 MOTION for More Definite Statement as to the Counterclaim and to Strike Extraneous Issues filed by Shervin Azodi, Innovative Music, LLC, Andrew Frank Roosen. (Culik, Josef) |
| Filing 13 Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered granting #10 Motion for Extension of Time to File Response/Reply re #8 MOTION for More Definite Statement as to the Counterclaim and to Strike Extraneous Issues Responses due by 4/24/2018 (Halley, Taylor) |
| Filing 12 Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting #11 Motion to Continue Scheduling Conference set for 5/21/2018 02:00 PM in Courtroom 22 before Judge George A. OToole Jr.. Please make the change in your calendars. (Lyness, Paul) |
| Filing 11 Assented to MOTION to Continue Scheduling Conference to May 21, 2018 at 2:00 p.m. by Shervin Azodi, Innovative Music, LLC, Andrew Frank Roosen.(Culik, Josef) |
| Filing 10 Assented to MOTION for Extension of Time to April 24, 2018 to File Response/Reply as to #8 MOTION for More Definite Statement as to the Counterclaim and to Strike Extraneous Issues by Shervin Azodi, Innovative Music, LLC, Andrew Frank Roosen.(Culik, Josef) |
| Filing 9 NOTICE of Scheduling Conference Scheduling Conference set for 5/14/2018 02:00 PM in Courtroom 22 before Judge George A. OToole Jr.. Please mark your calendars accordingly.(Lyness, Paul) |
| Filing 8 MOTION for More Definite Statement as to the Counterclaim and to Strike Extraneous Issues by Trust Capital Funding, LLC. (Attachments: #1 Certificate of Service)(Cellai, Carlo) |
| Filing 7 STATE COURT Record. (Culik, Josef) |
| Filing 6 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Trust Capital Funding, LLC by Innovative Music, LLC, Shervin Azodi, Andrew Frank Roosen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Culik, Josef) |
| Filing 5 Certified Copy of Notice of Removal Provided to Defense Counsel by mail (McKillop, Matthew) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (McDonagh, Christina) |
| Filing 3 EXHIBIT re #1 Notice of Removal, Additional State Court Filing re: Stipulation to Enlarge Time for Response to Complaint by Shervin Azodi, Innovative Music, LLC, Andrew Roosen. (Culik, Josef) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Innovative Music, LLC. (Culik, Josef) |
| Filing 1 NOTICE OF REMOVAL by Shervin Azodi, Innovative Music, LLC, Andrew Roosen ( Filing fee: $ 400, receipt number 0101-7041302 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet, #2 Local Category Form, #3 State Court Filings)(Culik, Josef) |
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