BMF ADVANCE LLC v. EMPIREMEDIHOLDINGS, LLC et al
| BMF ADVANCE LLC |
| EMPIREMEDIHOLDINGS, LLC, RETRO CAPITAL, LLC, A NEW HORIZON LLC, RESURGENCE CALIFORNIA LLC d/b/a RESURGENCE CALIFORNIA, BALBOA HORIZONS RECOVERY SERVICES INC., COMMISSIONS EARLY LLC, A NEW START TREATMENT AND RECOVERY CENTER LLC d/b/a MUSE TREATMENT, RESURGENCE BEHAVIORAL HEALTH LLC, RESURGENCE TENNESSEE LLC, ARON HACOEN, DAVID DWEK, DOVID LAX, MARC CHEMTOB, MAYER CHEMTOB, STEPHEN J FENNELLY, RESURGENCE CALIFORNIA LLC doing business as RESURGENCE CALIFORNIA, A NEW START TREATMENT AND RECOVERY CENTER doing business as MUSE TREATMENT and STEPHEN J. FENNELLY |
| 3:2023cv00803 |
| February 10, 2023 |
| US District Court for the District of New Jersey |
| J Brendan Day |
| Lois H Goodman |
| Zahid N Quraishi |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 Letter from Plaintiff BMF in response to pre-motion re #44 Letter, #43 Letter. (NOWAK, MAXIM) |
| Filing 44 Letter from Dov Medinets. (MEDINETS, DOV) |
| Filing 43 Letter. (STANSFIELD, WAYNE) |
| Clerk`s Text Order - The document #42 Application for Clerk's Order to Ext Answer/Proposed Order submitted by ARON HACOEN, EMPIREMEDIHOLDINGS, LLC has been GRANTED. The answer due date has been set for 9/5/2023. (mg, ) |
| Clerk`s Text Order - The document #41 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by DOVID LAX, RETRO CAPITAL, LLC, DAVID DWEK, MARC CHEMTOB, MAYER CHEMTOB, A NEW START TREATMENT AND RECOVERY CENTER, A NEW HORIZON LLC has been GRANTED. The answer due date has been set for 9/5/2023. (mg, ) |
| Filing 42 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants EmpireMediHoldings, LLC and Aron Hacoen.. (MEDINETS, DOV) |
| Filing 41 Application and Proposed Order for Clerk's Order to extend time to answer as to Amended Complaint. Attorney WAYNE C. STANSFIELD for A NEW HORIZON LLC,WAYNE C. STANSFIELD for MARC CHEMTOB,WAYNE C. STANSFIELD for MAYER CHEMTOB,WAYNE C. STANSFIELD for DAVID DWEK,WAYNE C. STANSFIELD for DOVID LAX,WAYNE C. STANSFIELD for RETRO CAPITAL, LLC added. (STANSFIELD, WAYNE) |
| Filing 40 APPLICATION/PETITION for Extending Time to Answer or Otherwise Respond to Amended Complaint for by A NEW HORIZON LLC, MARC CHEMTOB, MAYER CHEMTOB, DAVID DWEK, DOVID LAX, RETRO CAPITAL, LLC. (STANSFIELD, WAYNE) |
| CLERK'S QUALITY CONTROL MESSAGE - The Application for a Clerk's Extension filed by Wayne Stansfield on 8/15/2023 was submitted incorrectly as an Application/Petition. PLEASE RESUBMIT the document USING Application for Clerk Order to Ext Answer/Proposed Order found under: Civil Events -> Other Filings -> Other Documents. This submission will remain on the docket unless otherwise ordered by the court. (mg) |
| Pro Hac Vice counsel, JOSHUA SCHOCH, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (mg) |
| Filing 39 Notice of Request by Pro Hac Vice Joshua Schoch to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14508720.) (NOWAK, MAXIM) |
| Filing 38 AMENDED COMPLAINT against A NEW HORIZON LLC, BALBOA HORIZONS RECOVERY SERVICES INC., MARC CHEMTOB, MAYER CHEMTOB, COMMISSIONS EARLY LLC, DAVID DWEK, EMPIREMEDIHOLDINGS, LLC, STEPHEN J. FENNELLY, ARON HACOEN, DOVID LAX, RESURGENCE TENNESSEE LLC, RETRO CAPITAL, LLC, filed by BMF ADVANCE LLC.(MEHLMAN, AVERY) |
| Filing 37 TEXT ORDER that in light of the anticipated First Amended Complaint (see Order instructing its filing at ECF No. 36 ), the Court hereby directs the Clerk's Office to terminate the pending Motions to Dismiss #26 and #27 without prejudice to Defendants' rights to timely renew them in response to the amended pleading. So Ordered Judge Zahid N. Quraishi on 8/7/2023. (kas) |
Filing 36
TEXT ORDER: Plaintiff is directed to file its amended complaint as of right pursuant to Rule 15(a)(1) separately on the docket. So Ordered by Magistrate Judge J. Brendan Day on 8/7/2023. (cry)
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| Filing 35 Letter from Maxim Nowak enclosing Amended Complaint. (Attachments: #1 Exhibit A: Amended Complaint, #2 Exhibit B: redline comparison)(NOWAK, MAXIM) |
| Clerk's ENTRY OF DEFAULT as to BALBOA HORIZONS RECOVERY SERVICES INC., COMMISSIONS EARLY LLC, AND RESURGENCE TENNESSEE LLC for failure to plead or otherwise defend. (mg) |
| Filing 34 Request for Default by BMF ADVANCE LLC against BALBOA HORIZONS RECOVERY SERVICES INC., COMMISSIONS EARLY LLC, AND RESURGENCE TENNESSEE LLC. (Attachments: #1 Declaration of Maxim Nowak, #2 Exhibit A- Balboa, #3 Exhibit B- Commissions Early, #4 Exhibit C- Resurgence Tennesee, #5 Certificate of Service)(NOWAK, MAXIM) |
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Filing 33
ORDER granting #22 Motion for Leave to Appear Pro Hac Vice as to Joshua Schoch. Signed by Magistrate Judge J. Brendan Day on 7/26/2023. (jal, )
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Filing 32
TEXT ORDER: The Court is in receipt of plaintiff's 7/20/23 letter withdrawing the motion to strike defendant's pleadings and for entry of default (Dkt. #28 ). The motion is withdrawn, and the Clerk of the Court is accordingly directed to terminate it. Signed by Magistrate Judge J. Brendan Day on 7/21/2023. (cry)
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| Reset Deadlines as to #27 MOTION to Dismiss . Motion set for 8/21/2023 before Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg) |
| Reset Deadlines as to #26 MOTION to Dismiss . Motion set for 8/21/2023 before Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg) |
| Filing 31 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by BMF ADVANCE LLC re #26 MOTION to Dismiss , #27 MOTION to Dismiss (NOWAK, MAXIM) |
| Filing 30 Letter from Plaintiff requesting withdrawal of re #28 MOTION to Strike Defendants' Pleadings and for Entry of Default. (NOWAK, MAXIM) |
| Clerk's ENTRY OF DEFAULT as to STEPHEN J. FENNELLY for failure to plead or otherwise defend. (mlh) |
| Filing 29 Request for Default by BMF ADVANCE LLC against Stephen J. Fennelly. (Attachments: #1 Declaration of Maxim Nowak, #2 Certificate of Service)(NOWAK, MAXIM) |
| Set Deadlines as to #28 MOTION to Strike Defendants' Pleadings and for Entry of Default. Motion set for 8/21/2023 before Magistrate Judge J. Brendan Day. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg, ) |
| Set Deadlines as to #26 MOTION to Dismiss . Motion set for 8/7/2023 before Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg, ) |
| Filing 28 MOTION to Strike Defendants' Pleadings and for Entry of Default by BMF ADVANCE LLC. (Attachments: #1 Brief, #2 Certification of Maxim Nowak, #3 Exhibit A - Notice of Appearance, #4 Exhibit B - Pre-motion letter, #5 Exhibit C - Attorney Search, #6 Exhibit D - Good Standing Status Definitions, #7 Exhibit E - Email from Nowak to Medinets dated July 6, 2023, #8 Exhibit F - Motion to Dismiss, #9 Text of Proposed Order, #10 Certificate of Service)(NOWAK, MAXIM) |
| Set Deadlines as to #27 MOTION to Dismiss . Motion set for 8/7/2023 before Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg, ) |
| Filing 27 MOTION to Dismiss by EMPIREMEDIHOLDINGS, LLC, ARON HACOEN. Responses due by 8/7/2023. (Attachments: #1 Brief Memorandum of Law in Support of Motion to Dismiss, #2 Certificate of Service)(MEDINETS, DOV) |
| Filing 26 MOTION to Dismiss by A NEW HORIZON LLC, A NEW START TREATMENT AND RECOVERY CENTER, MARC CHEMTOB, MAYER CHEMTOB, DAVID DWEK, DOVID LAX, RESURGENCE BEHAVIORAL HEALTH LLC, RESURGENCE CALIFORNIA LLC, RETRO CAPITAL, LLC. Responses due by 8/7/2023. (Attachments: #1 Brief in Support, #2 Exhibit A-I, #3 Certification, #4 Text of Proposed Order, #5 Certificate of Service)(STANSFIELD, WAYNE) |
| Filing 25 NOTICE of Appearance by GREYSON KYLE VAN DYKE on behalf of A NEW HORIZON LLC, A NEW START TREATMENT AND RECOVERY CENTER, MARC CHEMTOB, MAYER CHEMTOB, DAVID DWEK, DOVID LAX, RESURGENCE BEHAVIORAL HEALTH LLC, RESURGENCE CALIFORNIA LLC, RETRO CAPITAL, LLC (VAN DYKE, GREYSON) |
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Filing 24
TEXT ORDER that the Court has reviewed the parties' letters #7 and #9 , and hereby WAIVES the pre-motion conference. Defendants shall file any Motion to Dismiss, limited to the arguments articulated in their pre-motion letter, by 07/14/2023, to be made returnable 08/07/2023. So Ordered by Judge Zahid N. Quraishi on 7/6/2023. (kas)
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| Set Deadlines as to #22 MOTION for Leave to Appear Pro Hac Vice /Notice of Motion for Pro Hac Vice Admission of Joshua Schoch, Esq.. Motion set for 8/7/2023 before Magistrate Judge J. Brendan Day. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg, ) |
| Filing 23 Letter from Maxim M.L. Nowak in response to Pre-Motion Letters re #7 Letter, #9 Letter. (NOWAK, MAXIM) |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice /Notice of Motion for Pro Hac Vice Admission of Joshua Schoch, Esq. by BMF ADVANCE LLC. (Attachments: #1 Declaration of Maxim M.L. Nowak in Support of Motion for Pro Hac Vice Admission of Joshua Schoch, Esq., #2 Declaration in Support of Motion for the Admission Pro Hac Vice of Joshua Schoch, Esq., #3 Exhibit 1 to Declaration of Joshua Schoch, #4 Text of Proposed Order Admitting Joshua Schoch Esq. Pro Hac Vice)(NOWAK, MAXIM) |
| Filing 21 SUMMONS Returned Executed by BMF ADVANCE LLC. RETRO CAPITAL, LLC served on 2/23/2023, answer due 3/16/2023. (NOWAK, MAXIM) |
| Filing 20 SUMMONS Returned Executed by BMF ADVANCE LLC. RESURGENCE TENNESSEE LLC served on 2/24/2023, answer due 3/17/2023. (NOWAK, MAXIM) |
| Filing 19 SUMMONS Returned Executed by BMF ADVANCE LLC. RESURGENCE CALIFORNIA LLC served on 2/22/2023, answer due 3/15/2023. (NOWAK, MAXIM) |
| Filing 18 SUMMONS Returned Executed by BMF ADVANCE LLC. RESURGENCE BEHAVIORAL HEALTH LLC served on 2/22/2023, answer due 3/15/2023. (NOWAK, MAXIM) |
| Filing 17 SUMMONS Returned Executed by BMF ADVANCE LLC. EMPIREMEDIHOLDINGS, LLC served on 2/23/2023, answer due 3/16/2023. (NOWAK, MAXIM) |
| Filing 16 SUMMONS Returned Executed by BMF ADVANCE LLC. DAVID DWEK served on 2/23/2023, answer due 3/16/2023. (NOWAK, MAXIM) |
| Filing 15 SUMMONS Returned Executed by BMF ADVANCE LLC. COMMISSIONS EARLY LLC served on 2/22/2023, answer due 3/15/2023. (NOWAK, MAXIM) |
| Filing 14 SUMMONS Returned Executed by BMF ADVANCE LLC. BALBOA HORIZONS RECOVERY SERVICES INC. served on 2/28/2023, answer due 3/21/2023. (NOWAK, MAXIM) |
| Filing 13 SUMMONS Returned Executed by BMF ADVANCE LLC. ARON HACOEN served on 2/23/2023, answer due 3/16/2023. (NOWAK, MAXIM) |
| Filing 12 SUMMONS Returned Executed by BMF ADVANCE LLC. A NEW START TREATMENT AND RECOVERY CENTER served on 2/22/2023, answer due 3/15/2023. (NOWAK, MAXIM) |
| Filing 11 SUMMONS Returned Executed by BMF ADVANCE LLC. A NEW HORIZON LLC served on 2/22/2023, answer due 3/15/2023. (NOWAK, MAXIM) |
| Filing 10 SUMMONS Returned Executed by BMF ADVANCE LLC. STEPHEN J. FENNELLY served on 6/24/2023, answer due 7/17/2023. (NOWAK, MAXIM) |
| Filing 9 Letter from Defendants EmpireMediHoldings, LLC and Aron Hacoen. (MEDINETS, DOV) |
| Filing 8 NOTICE of Appearance by DOV BER MEDINETS on behalf of EMPIREMEDIHOLDINGS, LLC, ARON HACOEN (MEDINETS, DOV) |
| Filing 7 Letter from Defendants Retro Capital LLC; A New Horizon LLC; A New Start Treatment and Recovery Center LLC d/b/a a Resurgence California; Resurgence Behavioral Health LLC; David Dwek; Dovid Lax; Marc Chemtob; and Mayer Chemtob. (STANSFIELD, WAYNE) |
| Filing 6 NOTICE of Appearance by WAYNE C. STANSFIELD on behalf of A NEW HORIZON LLC, A NEW START TREATMENT AND RECOVERY CENTER, MARC CHEMTOB, MAYER CHEMTOB, DAVID DWEK, DOVID LAX, RESURGENCE BEHAVIORAL HEALTH LLC, RESURGENCE CALIFORNIA LLC, RETRO CAPITAL, LLC (STANSFIELD, WAYNE) |
| Magistrate Judge J. Brendan Day added. Magistrate Judge Lois H. Goodman no longer assigned to case. (jal, ) |
| Filing 5 NOTICE of Appearance by MAXIM M.L. NOWAK on behalf of BMF ADVANCE LLC (NOWAK, MAXIM) |
| Filing 4 SUMMONS ISSUED as to A NEW HORIZON LLC, A NEW START TREATMENT AND RECOVERY CENTER, BALBOA HORIZONS RECOVERY SERVICES INC., MARC CHEMTOB, MAYER CHEMTOB, COMMISSIONS EARLY LLC, DAVID DWEK, EMPIREMEDIHOLDINGS, LLC, STEPHEN J. FENNELLY, ARON HACOEN, DOVID LAX, RESURGENCE BEHAVIORAL HEALTH LLC, RESURGENCE CALIFORNIA LLC, RESURGENCE TENNESSEE LLC, RETRO CAPITAL, LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (kht) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by parties and intervenors in diversity actions to identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Such disclosure statements must be filed with the parties, intervenors or proposed intervenors first appearance, pleading, petition, motion, response or other request addressed to the Court. (kht) |
| CLERK'S QUALITY CONTROL MESSAGE - The Corporate Disclosure #2 filed by Avery S. Mehlman on 2/10/2023 was submitted with a Corporate Disclosure Statement as an attachment. PLEASE RESUBMIT the Corporate Disclosure Statement USING the event CORPORATE DISCLOSURE STATEMENT found under Other Filings -> Other Documents. (kht) |
| Judge Zahid N. Quraishi and Magistrate Judge Lois H. Goodman added. (kht) |
| Filing 3 Certification of Avery S. Mehlman / L. CIV. R. 11.2 Certification on behalf of BMF ADVANCE LLC. (MEHLMAN, AVERY) |
| Filing 2 Corporate Disclosure Statement by BMF ADVANCE LLC. (MEHLMAN, AVERY) |
| Filing 1 COMPLAINT against A NEW HORIZON LLC, A NEW START TREATMENT AND RECOVERY CENTER LLC d/b/a MUSE TREATMENT, BALBOA HORIZONS RECOVERY SERVICES INC., MARC CHEMTOB, MAYER CHEMTOB, COMMISSIONS EARLY LLC, DAVID DWEK, EMPIREMEDIHOLDINGS, LLC, STEPHEN J FENNELLY, ARON HACOEN, DOVID LAX, RESURGENCE BEHAVIORAL HEALTH LLC, RESURGENCE CALIFORNIA LLC d/b/a RESURGENCE CALIFORNIA, RESURGENCE TENNESSEE LLC, RETRO CAPITAL, LLC ( Filing and Admin fee $ 402 receipt number ANJDC-14025300) with JURY DEMAND, filed by BMF ADVANCE LLC. (Attachments: #1 Exhibit A - Merchant Cash Advance, #2 Exhibit B - Retro LOI, #3 Exhibit C - 2022.08 Fennelly Affidavit I, #4 Exhibit D - 2022.09.22 Fennelly Affidavit II, #5 Civil Cover Sheet)(MEHLMAN, AVERY) |
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