Auctus Fund, LLC et al v. Sunstock, Inc.

Plaintiff: Auctus Fund, LLC and EMA Financial, LLC
Defendant: Sunstock, Inc.
Case Number: 1:2018cv12568
Filed: December 13, 2018
Court: US District Court for the District of Massachusetts
Presiding Judge: William G Young
Nature of Suit: Securities/Commodities
Jury Demanded By: Both

Docket Report

This docket was last retrieved on February 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 1, 2019 Filing 24 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #23 MOTION for Extension of Time to File Response/Reply as to #13 Emergency MOTION for Writ of Garnishment and for a Short Order of Notice, with Certificate of Service, #7 Emergency MOTION for Writ of Garnishment on a Short Order of Noti by Aaron H. Hutchins on behalf of Sunstock, Inc.. (Hutchins, Aaron)
February 1, 2019 Filing 23 MOTION for Extension of Time to File Response/Reply as to #13 Emergency MOTION for Writ of Garnishment and for a Short Order of Notice, with Certificate of Service, #7 Emergency MOTION for Writ of Garnishment on a Short Order of Notice, with Certificate of Service, #19 Amended MOTION for Writ of Garnishment on a Renewed Basis, Arising From Rule 55(a) Request for Entry of Default, with Certificate of Service, by EMA Financial and, #10 Emergency MOTION for Preliminary Injunction on a Short Order of Notice, with Certificate of Service by Sunstock, Inc..(Hutchins, Aaron)
February 1, 2019 Filing 22 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 by Aaron H. Hutchins on behalf of Sunstock, Inc.. (Hutchins, Aaron)
February 1, 2019 Filing 21 MOTION for Extension of Time to File Answer by Sunstock, Inc..(Hutchins, Aaron)
February 1, 2019 Filing 20 ANSWER to #1 Complaint,, with Jury Demand by Sunstock, Inc..(Hutchins, Aaron)
January 17, 2019 Filing 19 Amended MOTION for Writ of Garnishment on a Renewed Basis, Arising From Rule 55(a) Request for Entry of Default, with Certificate of Service, by EMA Financial and by Auctus Fund, LLC.(Giordano, Philip)
January 17, 2019 Filing 18 Amended MOTION for Preliminary Injunction on a Renewed Basis, Arising From Rule 55(a) Request for Entry of Default, with Certificate of Service, by EMA Financial and by Auctus Fund, LLC.(Giordano, Philip)
January 17, 2019 Filing 17 Request for notice of default by Auctus Fund, LLC Pursuant to Rule 55(a), with a Certificate of Service. (Attachments: #1 Affidavit of Philip M. Giordano, #2 Exhibit A)(Giordano, Philip)
January 2, 2019 Filing 16 SUMMONS Returned Executed Sunstock, Inc. served on 12/26/2018, answer due 1/16/2019. (Giordano, Philip)
December 20, 2018 Filing 15 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 12/20/2018 re #4 Emergency MOTION to Expedite on a Short Order of Notice, with Certificate of Service filed by EMA Financial, LLC, #5 Emergency MOTION for Preliminary Injunction with Certificate of Service filed by EMA Financial, LLC, #7 Emergency MOTION for Writ of Garnishment on a Short Order of Notice, with Certificate of Service filed by EMA Financial, LLC. Counsel for the defendant does not appear. The Court proceeds and in accordance with Rule 65A combines the motion for preliminary injunction with trial on the merits. Counsel shall submit proposed dates for an expedited jury waived trial. (order terminating #5 Motion for Preliminary Injunction) (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorney Giordano for the plaintiffs) (Gaudet, Jennifer)
December 19, 2018 Filing 14 Emergency MEMORANDUM in Support re #13 Emergency MOTION for Writ of Garnishment and for a Short Order of Notice, with Certificate of Service, #12 Emergency MOTION to Expedite on a Short Order of Notice, with Certificate of Service on a Short Order of Notice, with Certificate of Service filed by Auctus Fund, LLC. (Giordano, Philip)
December 19, 2018 Filing 13 Emergency MOTION for Writ of Garnishment and for a Short Order of Notice, with Certificate of Service by Auctus Fund, LLC. (Attachments: #1 Text of Proposed Order of Attachment of Assets)(Giordano, Philip)
December 19, 2018 Filing 12 Emergency MOTION to Expedite on a Short Order of Notice, with Certificate of Service by Auctus Fund, LLC.(Giordano, Philip)
December 19, 2018 Filing 11 Emergency MEMORANDUM in Support re #10 Emergency MOTION for Preliminary Injunction on a Short Order of Notice, with Certificate of Service on a Short Order of Notice, with Certificate of Service filed by Auctus Fund, LLC. (Giordano, Philip)
December 19, 2018 Filing 10 Emergency MOTION for Preliminary Injunction on a Short Order of Notice, with Certificate of Service by Auctus Fund, LLC. (Attachments: #1 Affidavit of Louis Posner, #2 Affidavit of Philip M. Giordano, #3 Exhibit B-1, #4 Exhibit B-2, #5 Exhibit B-3, #6 Exhibit B-4, #7 Exhibit B-5, #8 Exhibit B-6, #9 Exhibit B-7, #10 Exhibit B-8, #11 Exhibit B-9, #12 Exhibit B-10, #13 Exhibit B-11, #14 Exhibit B-12, #15 Text of Proposed Order Compelling Conversion & Preliminary Injunction)(Giordano, Philip)
December 19, 2018 Filing 9 ELECTRONIC NOTICE Setting Hearing on Motion #5 Emergency MOTION for Preliminary Injunction with Certificate of Service, #4 Emergency MOTION to Expedite on a Short Order of Notice, with Certificate of Service, #7 Emergency MOTION for Writ of Garnishment on a Short Order of Notice, with Certificate of Service : Motion Hearing set for 12/20/2018 09:00 AM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer)
December 18, 2018 Filing 8 Emergency MEMORANDUM in Support re #4 Emergency MOTION to Expedite on a Short Order of Notice, with Certificate of Service, #7 Emergency MOTION for Writ of Garnishment on a Short Order of Notice, with Certificate of Service on a Short Order of Notice, with Certificate of Service filed by EMA Financial, LLC. (Giordano, Philip)
December 18, 2018 Filing 7 Emergency MOTION for Writ of Garnishment on a Short Order of Notice, with Certificate of Service by EMA Financial, LLC. (Attachments: #1 Text of Proposed Order of Attachment of Assets)(Giordano, Philip)
December 18, 2018 Filing 6 Emergency MEMORANDUM in Support re #4 Emergency MOTION to Expedite on a Short Order of Notice, with Certificate of Service, #5 Emergency MOTION for Preliminary Injunction with Certificate of Service on a Short Order of Notice, with Certificate of Service filed by EMA Financial, LLC. (Giordano, Philip)
December 18, 2018 Filing 5 Emergency MOTION for Preliminary Injunction with Certificate of Service by EMA Financial, LLC. (Attachments: #1 Affidavit of Felicia Preston, #2 Exhibit 1, #3 Affidavit of Philip M. Giordano, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit C-3, #7 Exhibit C-4, #8 Exhibit C-5, #9 Exhibit C-6, #10 Exhibit C-7, #11 Exhibit C-8, #12 Exhibit C-9, #13 Exhibit C-10, #14 Text of Proposed Order Compelling Conversion & Preliminary Injunction)(Giordano, Philip)
December 18, 2018 Filing 4 Emergency MOTION to Expedite on a Short Order of Notice, with Certificate of Service by EMA Financial, LLC.(Giordano, Philip)
December 14, 2018 Filing 3 Summons Issued as to Sunstock, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina)
December 14, 2018 Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge William G. Young 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 Donald L. Cabell. (Danieli, Chris)
December 13, 2018 Filing 1 COMPLAINT with Demand for Jury Trial against All Defendants Filing fee: $ 400, receipt number 0101-7454057 (Fee Status: Filing Fee paid), filed by Auctus Fund, LLC. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7, #8 Exhibit A-8, #9 Exhibit A-9, #10 Exhibit A-10, #11 Exhibit A-11, #12 Exhibit A-12, #13 Exhibit B-1, #14 Exhibit B-2, #15 Exhibit B-3, #16 Exhibit B-4, #17 Exhibit B-5, #18 Exhibit B-6, #19 Exhibit C-1, #20 Exhibit C-2, #21 Exhibit C-3, #22 Exhibit C-4, #23 Exhibit C-5, #24 Civil Cover Sheet - SSOK, #25 JS45 Category Sheet - SSOK)(Giordano, Philip)

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Plaintiff: Auctus Fund, LLC
Represented By: Philip M. Giordano
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Plaintiff: EMA Financial, LLC
Represented By: Philip M. Giordano
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Defendant: Sunstock, Inc.
Represented By: Aaron H. Hutchins
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