Whitaker et al v. BBF Partners, LLC et al
| Mr David Whitaker and Mon Ethos Pro Consulting, LLC |
| Rapid Cap. Inc., Jane and John Does, BBF Partners, LLC, XYZ Corporations, Day to Day Funding, LLC, Mzeed Inc. and BBF Partners, LLC a New York domestic limited liability company doing business as Business Funding Source |
| 1:2020cv02831 |
| June 25, 2020 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Robert M Levy |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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ORDER ADOPTING REPORT AND RECOMMENDATION: On August 13, 2021, Magistrate Judge Levy issued a report and recommendation ("R. & R.") recommending that I deny #67 defendant BBF Partners, LLC's motion for attorney's fees. A district court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. 636(b)(1). When no party has objected to a magistrate judge's recommendation, the recommendation is reviewed, at most, for "clear error." See Fed. R. Civ. P. 72(b), Advisory Committee's Notes (1983); see, e.g., Alvarez Sosa v. Barr, 369 F. Supp. 3d 492, 497 (E.D.N.Y. 2019). Clear error will be found only when, upon review of the entire record, the Court is left with "the definite and firm conviction that a mistake has been committed." United States v. Snow, 462 F.3d 55, 72 (2d Cir. 2006). I have reviewed Judge Levy's R. & R., and having found no clear error, adopt it in full. Accordingly, defendant BBF Partners, LLC's motion for attorney's fees is denied. Ordered by Judge Rachel P. Kovner on 8/31/2021. (Kahwash, Sarah)
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Filing 72
REPORT AND RECOMMENDATION RE #67 : By order dated November 5, 2020, the Hon. Rachel P. Kovner, United States District Judge, referred the motion of defendant BBF Partners, LLC for attorney's fees to me for report and recommendation. For the reasons stated in the attached Report and Recommendation, I respectfully recommend that defendant's motion for attorney's fees be denied. Any objections to this Report and Recommendation must be filed electronically within fourteen (14) days. Failure to file objections within the specified time waives the right to appeal the district courts order. See 28 U.S.C. 636(b)(1); FED. R. CIV. P. 72, 6(a), 6(d). Ordered by Magistrate Judge Robert M. Levy on 8/13/2021. See attached Report & Recommendation for details. (Marino, Janine)
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| Filing 71 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7-14-20, before Judge Kovner. Court Reporter/Transcriber M.Nardone, Telephone number 718-613-2601. Email address: mishrpr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/2/2021. Redacted Transcript Deadline set for 4/12/2021. Release of Transcript Restriction set for 6/10/2021. (Nardone, Michele) |
| Filing 70 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7-1-20, before Judge Kovner. Court Reporter/Transcriber M.Nardone, Telephone number 718-613-2601. Email address: mishrpr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/2/2021. Redacted Transcript Deadline set for 4/12/2021. Release of Transcript Restriction set for 6/10/2021. (Nardone, Michele) |
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ORDER REFERRING MOTION: The motion for attorney's fees at #67 is respectfully referred to Magistrate Judge Levy. Ordered by Judge Rachel P. Kovner on 11/5/2020. (Kahwash, Sarah)
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ORDER denying #66 Motion for Discovery. For the reasons explained in plaintiffs submissions and on the record. Ordered by Magistrate Judge Robert M. Levy on 11/4/2020. (Levy, Robert)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Joanne Davies, Lauren Paxton; Ariel Bouskila. The motion is denied,. For the reasons explained on the record, the court lacks jurisdiction to hear this motion and, even if jurisdiction existed, the request for a subpoena is not relevant to a claim before the court. Motion Hearing held on 11/4/2020 re #66 Second MOTION for Discovery and to restore previous motion to calendar filed by BBF Partners, LLC (FTR Log #12:00-12:40 (app)(AT&T teleconference.) (Levy, Robert) |
| Filing 69 RESPONSE in Opposition re #66 Second MOTION for Discovery and to restore previous motion to calendar filed by Mon Ethos Pro Consulting, LLC, David Whitaker. (Attachments: #1 Exhibit A - Plaintiffs' Opposition to Defendant's First Motion for Discovery (D.I. 64)) (Davies, Joanne) |
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SCHEDULING ORDER RE #66 : A conference via AT&T audio conference is scheduled for November 4, 2020 at 12:00 p.m. before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 11/2/2020. (Marino, Janine)
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| Filing 68 RESPONSE in Opposition re #67 First MOTION for Attorney Fees filed by Mon Ethos Pro Consulting, LLC, David Whitaker. (Davies, Joanne) |
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ORDER: Plaintiffs are directed to respond to the #67 motion for attorneys' fees by 10/30/2020. Ordered by Judge Rachel P. Kovner on 10/16/2020. (Herrera, Isaiah)
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| Filing 67 First MOTION for Attorney Fees by BBF Partners, LLC. (Attachments: #1 Exhibit A June 10 Contract, #2 Exhibit B June 15 Contract) (Bouskila, Ariel) |
| Filing 66 Second MOTION for Discovery and to restore previous motion to calendar by BBF Partners, LLC. (Bouskila, Ariel) |
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ORDER DISMISSING CASE: Please refer to the notice of voluntary dismissal at #65 . Ordered by Judge Rachel P. Kovner on 10/2/2020. (Yaffe, Leah)
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| Filing 65 NOTICE of Voluntary Dismissal by Mon Ethos Pro Consulting, LLC, David Whitaker (Davies, Joanne) |
| Filing 64 RESPONSE in Opposition re #63 First MOTION for Discovery on an expedited basis filed by Mon Ethos Pro Consulting, LLC, David Whitaker. (Davies, Joanne) |
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SCHEDULING ORDER: A conference via AT&T audio conference is scheduled for 9/29/20 at 2:00 p.m., before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 9/18/2020. (Marino, Janine)
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| Filing 63 First MOTION for Discovery on an expedited basis by BBF Partners, LLC. (Attachments: #1 Exhibit Exhibit A tlo print out) (Bouskila, Ariel) |
| Filing 62 First MOTION to Vacate #49 Request for Certificate of Default, #60 Clerk's Entry of Default, Stipulation and Proposed Order Vacating Default and Certificate of Default of/against Mzeed Inc. with request to be So Ordered by Mzeed Inc.. (Rebhun, Jason) |
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ORDER RE #62 Stipulation and Proposed Order Vacating Default and Certificate of Default of/against Mzeed Inc. So Ordered by Magistrate Judge Robert M. Levy on 9/10/2020. (Marino, Janine)
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ORDER: The #47 preliminary injunction consent order between plaintiffs and defendant BBF Partners LLC is vacated. The order reflected a bargain that required actions from both parties. Because plaintiffs represent that they are not able to fulfill their obligations under paragraph five of the order, the consent order is vacated, and there is no longer any court order in effect concerning defendants' collection efforts. However, defendant BBF Partners LLC agreed to continue to abide by some safeguards on disclosure of information. Specifically, defendant BBF Partners LLC (and all persons acting in the capacity of BBF Partners LLC's agents, servants, employees, successors, and assigns) agreed to refrain from directly or indirectly disclosing, providing, transferring, transmitting, or otherwise exposing any information regarding (a) Plaintiff David Whitaker's identity, credit, bank accounts, books, records, accounts, personal information, and/or financial circumstances, and/or (b) Plaintiff Mon Ethos' identity, credit, bank accounts, books, records, accounts, financial circumstances, customers, clients, vendors, and/or business relationships, and/or (c) the confidential nonpublic personal information of Plaintiff Mon Ethos' customers, clients, vendors, business relations, and/or athletes, including but not limited to their social security numbers, drivers' license, date of birth, home address and other self-identifying information and other personal and/or financial information. The use of 'and/or' herein shall be inclusive so as to give Plaintiffs' and Plaintiffs' athletes the maximum protection from disclosure. Ordered by Judge Rachel P. Kovner on 9/10/2020. (Yaffe, Leah)
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Minute entry and order for teleconference held before Judge Rachel P. Kovner on 9/10/2020. Joanne Davies, Lauren Paxton, and Tracy Warren appeared for plaintiffs. Ariel Bouskila appeared for defendant BBF Partners LLC. Lawrence Katz appeared for defendant Day to Day Funding, LLC. Jason Rebhun appeared for defendant Mzeed Inc. As indicated in the corresponding docket order, the Court vacated the #47 preliminary injunction consent order. Ordered by Judge Rachel P. Kovner on 9/10/2020. (Court Reporter Victoria Torres-Butler) (Yaffe, Leah)
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| Filing 61 REPLY in Support re #58 Status Report,, filed by Mon Ethos Pro Consulting, LLC, David Whitaker. (Attachments: #1 Exhibit 1 - Notice dated 08.21.2020 from Chronologics, #2 Exhibit 2 - Notice re Virgin Islands 08.13.2020 Stay At Home Order, #3 Exhibit 3 - Mon Ethos 08.31.2020 Emergency Action Alert, #4 Exhibit 4 - Virigin Islands 09.08.2020 Safer At Home Announcement) (Davies, Joanne) |
| Filing 60 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Mzeed Inc., Rapid Cap. Inc. has failed to appear or otherwise defend this action, the default of defendant Mzeed Inc., Rapid Cap. Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 59 Letter in opposition to Plaintiffs request for additional time to post an Undertaking by BBF Partners, LLC (Bouskila, Ariel) |
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ORDER: The Court will hold a telephone conference regarding plaintiffs' #58 request for 45 additional days to file an undertaking on 9/10/2020 at 5:00 p.m. The parties are instructed to call (888) 278-0296 and type in the access code 2012636 to join the conference. Ordered by Judge Rachel P. Kovner on 9/8/2020. (Yaffe, Leah)
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ORDER: Defendants are directed to respond to plaintiffs' #58 request for 45 additional days to file an undertaking by 9/8/2020. Ordered by Judge Rachel P. Kovner on 9/3/2020. (Yaffe, Leah)
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| Filing 58 STATUS REPORT OF PLAINTIFFS: by Mon Ethos Pro Consulting, LLC, David Whitaker (Attachments: #1 Exhibit A - 2020.07.29 Executive Order No. 505-2020 State of Emergency, #2 Exhibit B - 2020.08.04 Executive Order Extending SOE and Act No. 8328 Bill No. 33-0359, #3 Exhibit C - 2020.08.13 13th Executive Order Returning to Stay At Home Phase, #4 Exhibit D - 2020.08.28 15th Supplemental Executive Order Modifying Conditions, #5 Exhibit E - 2020.08.31 Last Chance UCC Letter to Stripe, #6 Declaration of Joseph Balliro in support of Plaintiffs' Status Report) (Davies, Joanne) |
| Filing 57 MOTION for Extension of Time to Amend #1 Complaint,, Joint Stipulation and [Proposed] Order Re: Briefing Schedule on Plaintiffs' First Amended Complaint by Mon Ethos Pro Consulting, LLC, David Whitaker. (Davies, Joanne) |
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ORDER granting #57 Motion for Extension of Time to Amend. Ordered by Magistrate Judge Robert M. Levy on 9/2/2020. (Marino, Janine)
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| Filing 56 NOTICE of Appearance by Jason J Rebhun on behalf of Mzeed Inc. (aty to be noticed) (Rebhun, Jason) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Counsel present by telephone. All outstanding discovery issues resolved as set forth on the record.Motion Hearing held on 8/28/2020 re #50 MOTION for Reconsideration filed by Mon Ethos Pro Consulting, LLC, David Whitaker, #55 MOTION for Extension of Time to File Answer re #1 Complaint,, filed by Day to Day Funding, LLC (FTR Log #1:11-2:25 (approx).) (Levy, Robert) |
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ORDER granting #55 Motion for Extension of Time to Answer Day to Day Funding, LLC answer due 9/10/2020. Ordered by Magistrate Judge Robert M. Levy on 8/28/2020. (Levy, Robert)
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ORDER granting #50 Motion for Reconsideration and resolving outstanding discovery issues. Ordered by Magistrate Judge Robert M. Levy on 8/28/2020. (Levy, Robert)
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| Filing 55 MOTION for Extension of Time to File Answer re #1 Complaint,, by Day to Day Funding, LLC. (Katz, Lawrence) |
| Filing 54 NOTICE of Appearance by Lawrence Katz on behalf of Day to Day Funding, LLC (aty to be noticed) (Katz, Lawrence) |
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SCHEDULING ORDER: A telephone conference is scheduled for 8/28/20 at 1:00 p.m., before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 8/25/2020. (Marino, Janine)
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| Filing 53 RESPONSE in Opposition re #50 MOTION for Reconsideration filed by BBF Partners, LLC. (Attachments: #1 Exhibit A Letter from ITP, #2 Exhibit B Spreadsheet of contacts) (Bouskila, Ariel) |
| Filing 52 REPLY in Support of the Motion for Reconsideration and Motion to Compel Discovery filed by Mon Ethos Pro Consulting, LLC, David Whitaker. (Paxton, Lauren) |
| Filing 51 RESPONSE in Opposition re #50 MOTION for Reconsideration filed by BBF Partners, LLC. (Attachments: #1 Exhibit Exhibit A Email re joint letter) (Bouskila, Ariel) |
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ORDER granting #48 Motion to Withdraw as Attorney. Attorney Ariel Bouskila terminated as to Rapid Cap, Inc. and Day to Day Funding, LLC. Ordered by Magistrate Judge Robert M. Levy on 8/19/2020. (Ferrara, Alicia)
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| Filing 50 MOTION for Reconsideration by Mon Ethos Pro Consulting, LLC, David Whitaker. (Attachments: #1 Exhibit A - Excerpt of July 31, 2020 Hearing Transcript, #2 Exhibit B - Email String, #3 Exhibit C - Email String, #4 Exhibit D - Requests for Production of Documents, #5 Exhibit E - Interrogatories to Defendants, #6 Exhibit F - Letter re Defendants' Agreed Supplemental Responses) (Davies, Joanne) |
| Filing 49 Request for Certificate of Default by Mon Ethos Pro Consulting, LLC, David Whitaker (Attachments: #1 Affidavit of Attorney in Support of Plaintiffs' Request for Certification of Default, #2 Proposed Order, #3 Certificate of Service) (Paxton, Lauren) |
| Filing 48 First MOTION to Withdraw as Attorney for Rapid Cap Inc and Day to Day Funding LLC by BBF Partners, LLC. (Bouskila, Ariel) |
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Filing 47
ORDER: The Court approves and so orders the parties' #46 proposed consent order, as revised in the attached document. The revisions reflect that the consent order does not enjoin the non-appearing defendants, including any defendants for whom counsel at Berkovitch & Bouskila, PLLC inadvertently filed a notice of appearance. Should plaintiffs file an amended complaint naming Tailored Fund Cap, LLC d/b/a Rapid Cap as a defendant, and should that entity appear through Mr. Bouskila, see Dkt. 37, the parties may file a proposed amended consent order including that defendant (and/or any other appearing defendant). The plaintiffs' renewed motion for a temporary restraining order is terminated as moot. Ordered by Judge Rachel P. Kovner on 8/3/2020. (Yaffe, Leah)
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| Filing 46 Proposed Pretrial Order Letter to Judge Kovner with Proposed Consent Preliminary Injunction Order by Mon Ethos Pro Consulting, LLC, David Whitaker (Attachments: #1 Proposed Order Proposed Consent Preliminary Injunction Order) (Davies, Joanne) |
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ORDER finding as moot #43 Motion to Compel in light of subsequent developments. Ordered by Magistrate Judge Robert M. Levy on 8/3/2020. (Levy, Robert)
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| Filing 45 MOTION for Preliminary Injunction Per 7/31/2020 Minute Order by Mon Ethos Pro Consulting, LLC, David Whitaker. (Attachments: #1 Proposed Order Draft Consent Preliminary Injunction Order) (Warren, Tracy) |
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ORDER: The Court is in receipt of #45 plaintiffs' draft consent order and accompanying letter. The letter indicates that plaintiffs' counsel provided plaintiffs' draft order to defense counsel but has not heard back from counsel regarding their draft. The parties are directed to file a jointly-approved draft consent order by 8/3/2020 at 5:00 p.m. Ordered by Judge Rachel P. Kovner on 8/1/2020. (Yaffe, Leah)
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| Filing 44 RESPONSE to Motion re #43 Letter MOTION to Compel Defendants to Comply with the Court's Expedited Discovery Order Requesting Time to Respond filed by BBF Partners, LLC. (Bouskila, Ariel) |
| Filing 43 Letter MOTION to Compel Defendants to Comply with the Court's Expedited Discovery Order by Mon Ethos Pro Consulting, LLC, David Whitaker. (Paxton, Lauren) |
| Filing 42 NOTICE by Mon Ethos Pro Consulting, LLC, David Whitaker re #41 Reply in Support,,,, Notice of Errata to Declaration of Vasil Drakalski (Attachments: #1 Exhibit Corrected Exhibit A to Declaration of Vasil Drakalski ISO Renewed Request for TRO) (Davies, Joanne) |
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Minute entry and order for preliminary injunction hearing held before Judge Rachel P. Kovner on 7/31/2020. Lauren Paxton, Joanne Davies, and Tracy Warren appeared for plaintiffs. Ariel Bouskila, Steve Wells, and Steven Berkovitch appeared for defendant BBF Partners, LLC. The parties agreed on the contours of a consent preliminary injunction and will submit a draft consent order to the Court by 8/1/2020 at 2:30 p.m. The plaintiffs indicated that they plan to file an amended complaint. The parties agreed to confer about a schedule for filing the amended complaint and any potential motion to dismiss. The parties are directed to file a status report regarding those discussions by 8/31/2020. Pursuant to this Courts Individual Rule IV.A.2, service of the defendants pre-motion conference request at #23 constitutes timely service of a motion to dismiss under Federal Rule of Civil Procedure 12 with respect to defendant BBF Partners, LLC (and BBF Partners LLC, only), and therefore tolls BBF Partners deadline to file an answer. The non-appearing defendantsincluding any defendants for whom counsel at Berkovitch & Bouskila, PLLC may have inadvertently filed a notice of appearanceremain subject to the timing requirements for serving a responsive pleading under Rule 12. Ordered by Judge Rachel P. Kovner on 7/31/2020. (Court Reporter Holly Driscoll) (Chan, Tsz)
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| Filing 41 REPLY in Support re #38 MOTION for Temporary Restraining Order Supplemental Letter Brief filed by Mon Ethos Pro Consulting, LLC, David Whitaker. (Attachments: #1 Declaration of J. Davies ISO Renewed Request for TRO, #2 Exhibit 1 to Declaration of J. Davies, #3 Exhibit 2 to Declaration of J. Davies, #4 Exhibit 3 to Declaration of J. Davies, #5 Declaration of C. Beaudoin ISO Renewed Request for TRO, #6 Declaration of J. Kavner ISO Renewed Request for TRO, #7 Supplement Declaration of T. Warren ISO Renewed Request for TRO, #8 Supplement Declaration of D. Whitaker ISO Renewed Request for TRO, #9 Exhibit 1 to Supplemental Declaration of D. Whitaker, #10 Exhibit 2 to Supplemental Declaration of D. Whitaker, #11 Declaration of V. Drakalski ISO Renewed Request for TRO, #12 Exhibit A to Declaration of V. Drakalski, #13 Exhibit B to Declaration of V. Drakalski, #14 Declaration of F. Mondano ISO Renewed Request for TRO, #15 Declaration of J. Arampatzis ISO Renewed Request for TRO, #16 Supplement Declaration of T. Black ISO Renewed Request for TRO) (Davies, Joanne) |
| Filing 40 RESPONSE in Opposition re #39 MOTION for Temporary Restraining Order [Proposed] Order, #38 MOTION for Temporary Restraining Order filed by BBF Partners, LLC. (Attachments: #1 Declaration of Aisha Allen, #2 Declaration of Steven Berkovitch, #3 Declaration of Ariel Bouskila, #4 Exhibit A Email 1, #5 Exhibit B, #6 Exhibit C Email 2, #7 Exhibit D Email 3) (Bouskila, Ariel) |
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ORDER: In light of the plaintiffs renewed motion for a temporary restraining order at #38 and #39 , the preliminary injunction hearing set for 8/5/2020 is rescheduled to 7/31/2020 at 1:00 p.m. Should plaintiffs wish to supplement their moving papers with any new information from expedited discovery, they may file a letter before the 7/31/2020 hearing or present the information to the Court during oral argument at the hearing. To join the hearing, the parties are instructed to call (888) 278-0296 and type in the access code 2012636. Ordered by Judge Rachel P. Kovner on 7/29/2020.
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| Filing 39 MOTION for Temporary Restraining Order [Proposed] Order by Mon Ethos Pro Consulting, LLC, David Whitaker. (Warren, Tracy) |
| Filing 38 MOTION for Temporary Restraining Order by Mon Ethos Pro Consulting, LLC, David Whitaker. (Attachments: #1 Declaration of Joseph Balliro in Support of Renewed Request for TRO, #2 Declaration of Taylor Black in Support of Renewed Request for TRO, #3 Declaration of Tracy A. Warren in Support of Renewed Request for TRO, #4 Declaration of David Whitaker in Support of Renewed Request for TRO, #5 Exhibit 1 - July 16, 2020 UCC Lien Notice to Chronologics LLC, #6 Exhibit 2 - List of Athletes Contacted, #7 Exhibit 3 -July 27, 2020 Meet and Confer Letter to Defendants' Counsel) (Warren, Tracy) |
| Filing 37 Letter re Funder Entities by BBF Partners, LLC (Bouskila, Ariel) |
| Filing 36 First MOTION to Appear Pro Hac Vice by Steven Wells Filing fee $ 150, receipt number ANYEDC-13098423. by BBF Partners, LLC, Day to Day Funding, LLC, Rapid Cap. Inc.. (Attachments: #1 Declaration Executed Declaration of S Wells, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Order for Admission) (Bouskila, Ariel) |
| Filing 35 Letter in response to Plaintiffs "Deficiency Letter" by BBF Partners, LLC, Day to Day Funding, LLC, Rapid Cap. Inc. (Bouskila, Ariel) |
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ORDER granting #36 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 7/22/2020. (Levy, Robert)
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ORDER Counsel are directed to meet and confer no later than 7/23/20 to resolve disputes regarding the content of defendants discovery responses and the lack of verification. Plaintiffs shall be prepared to describe the alleged deficiencies with specificity. If any disputes remain unresolved, counsel shall file a joint letter setting forth each partys respective positions and attaching the relevant documents.Ordered by Magistrate Judge Robert M. Levy on 7/22/2020. (Levy, Robert)
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| Filing 34 Letter re Defendants Failure to Comply with Expedited Discovery Order by Mon Ethos Pro Consulting, LLC, David Whitaker (Warren, Tracy) |
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ORDER granting #23 request for a pre-motion conference. The Court will merge the pre-motion conference regarding the defendants' anticipated motion to dismiss with the preliminary injunction hearing set for 8/5/2020. Ordered by Judge Rachel P. Kovner on 7/21/2020. (Herrera, Isaiah)
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| Filing 33 MEMORANDUM in Opposition re #23 Response in Opposition to Motion, by Defendants for leave to file a motion to dismiss filed by Mon Ethos Pro Consulting, LLC, David Whitaker. (Paxton, Lauren) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Joanne Davies, Tracy Warren, Lauren Paxton; Ariel Bourkila, Steven Berkovitch. Review of requested discovery. Detailed rulings made on record. All disputes resolved. Plaintiffs will propound interrogatories and document requests as discussed at this hearing, and defendants will respond as discussed. A schedule for requests and responses was established, as well as a procedure for requesting and producing information from ACH Payment Processors [Dkt 20, Appendix A, item 8]. Motion Hearing held on 7/16/2020 re #20 MOTION for Discovery - Letter Brief in Support of Request for Expedited Discovery and Continuance of the Preliminary Injunction Hearing filed by Mon Ethos Pro Consulting, LLC, David Whitaker (FTR Log #4:22-6:11 (archived from AT&T teleconference recording).) (Levy, Robert) |
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ORDER granting in part and denying in part #20 Motion for DiscoveryAs Explained on the Record.Ordered by Magistrate Judge Robert M. Levy on 7/16/2020. (Levy, Robert)
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| Filing 32 SUMMONS Returned Executed by David Whitaker, Mon Ethos Pro Consulting, LLC. Rapid Cap. Inc. served on 7/10/2020, answer due 7/31/2020. (Morrow, Philip) |
| Filing 31 SUMMONS Returned Executed by David Whitaker, Mon Ethos Pro Consulting, LLC. Mzeed Inc. served on 7/14/2020, answer due 8/4/2020. (Morrow, Philip) |
| Filing 30 SUMMONS Returned Executed by David Whitaker, Mon Ethos Pro Consulting, LLC. Day to Day Funding, LLC served on 7/14/2020, answer due 8/4/2020. (Morrow, Philip) |
| Filing 29 SUMMONS Returned Executed by David Whitaker, Mon Ethos Pro Consulting, LLC. BBF Partners, LLC served on 7/14/2020, answer due 8/4/2020. (Morrow, Philip) |
| Filing 28 NOTICE of Appearance by Tracy Anne Warren on behalf of All Plaintiffs (aty to be noticed) (Warren, Tracy) |
| Filing 27 REPLY in Support re #9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction against Defendants MOTION for Preliminary Injunction filed by Mon Ethos Pro Consulting, LLC, David Whitaker. (Paxton, Lauren) |
| Filing 26 Consent MOTION for Leave to File Excess Pages by Mon Ethos Pro Consulting, LLC, David Whitaker. (Paxton, Lauren) |
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SCHEDULING ORDER: A telephone conference via AT&T audio conference is scheduled for July 16, 2020 at 4:00 p.m., before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code# 6223489. Ordered by Magistrate Judge Robert M. Levy on 7/15/2020. (Marino, Janine)
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ORDER granting #26 consent motion for leave to file excess pages. Ordered by Judge Rachel P. Kovner on 7/15/2020. (Yaffe, Leah)
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| Filing 25 Summons Returned Unexecuted by David Whitaker, Mon Ethos Pro Consulting, LLC as to BBF Partners, LLC, Day to Day Funding, LLC, Mzeed Inc., Rapid Cap. Inc.. (Morrow, Philip) |
| Filing 24 NOTICE of Appearance by Joanne N. Davies on behalf of All Plaintiffs (aty to be noticed) (Davies, Joanne) |
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Minute entry and order for proceedings held before Judge Rachel P. Kovner on 7/14/2020. Lauren Paxton, Tracy Warren, and Joanne Davies appeared for plaintiffs. Ariel Bouskila appeared for defendants BBF Partners, LLC, Day to Day Funding, LLC, and Rapid Cap, Inc. The Court denied plaintiffs' #9 request for a temporary restraining order and will refer plaintiffs' #20 motion for expedited discovery to Magistrate Judge Robert M. Levy. At plaintiffs' request, the preliminary injunction hearing scheduled for 7/16/2020 is adjourned to 8/5/2020 at 11:00 a.m. to provide time for expedited discovery if Judge Levy permits it. Plaintiffs are directed to file their reply brief for the preliminary injunction motion on the schedule set during the TRO hearing on 7/1/2020. If Judge Levy grants plaintiffs' request for expedited discovery, plaintiffs may file a letter supplementing their preliminary injunction briefing with any new information by 7/31/2020, and defendants may file a reply letter by 8/4/2020. Ordered by Judge Rachel P. Kovner on 7/14/2020. (Court Reporter Michele Nardone) (Yaffe, Leah)
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ORDER denying #9 motion for a temporary restraining order. As discussed during the teleconference on 7/14/2020, the Court denies the plaintiffs' application for a temporary restraining order. Ordered by Judge Rachel P. Kovner on 7/14/2020. (Yaffe, Leah)
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ORDER REFERRING MOTION: The plaintiffs' #20 motion for expedited discovery is respectfully referred to Magistrate Judge Robert M. Levy. Ordered by Judge Rachel P. Kovner on 7/14/2020. (Yaffe, Leah)
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| Filing 23 RESPONSE in Opposition re #20 MOTION for Discovery - Letter Brief in Support of Request for Expedited Discovery and Continuance of the Preliminary Injunction Hearing and Request for Pre Motion Conference filed by BBF Partners, LLC, Day to Day Funding, LLC, Rapid Cap. Inc.. (Bouskila, Ariel) |
| Filing 22 Proposed MOTION to Appear Pro Hac Vice Ashley Lauren Milnes Filing fee $ 150, receipt number ANYEDC-13054006. by Mon Ethos Pro Consulting, LLC, David Whitaker. (Attachments: #1 Declaration, #2 California Certification, #3 New York Certification, #4 Order for Admission) (Paxton, Lauren) |
| Filing 21 Proposed MOTION to Appear Pro Hac Vice Joanne Nadine Davies Filing fee $ 150, receipt number ANYEDC-13053891. by Mon Ethos Pro Consulting, LLC, David Whitaker. (Attachments: #1 Declaration, #2 California Certification, #3 Order for Admission) (Paxton, Lauren) |
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ORDER granting #21 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 7/13/2020. (Marino, Janine)
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ORDER: The Court will hold a teleconference regarding the plaintiffs' #20 motion for expedited discovery and a continuance of the preliminary injunction hearing on 7/14/2020 at 11:00 a.m. To join the conference, the parties are instructed to call (888) 278-0296 and type in the access code 2012636. Ordered by Judge Rachel P. Kovner on 7/13/2020. (Yaffe, Leah)
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ORDER granting #22 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 7/13/2020. (Marino, Janine)
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| Filing 20 MOTION for Discovery - Letter Brief in Support of Request for Expedited Discovery and Continuance of the Preliminary Injunction Hearing by Mon Ethos Pro Consulting, LLC, David Whitaker. (Paxton, Lauren) |
| Filing 19 MEMORANDUM in Opposition to plaintiffs motion for tro filed by BBF Partners, LLC, Day to Day Funding, LLC, Rapid Cap. Inc.. (Bouskila, Ariel) |
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ORDER: Plaintiffs filed a #9 motion for a temporary restraining order ("TRO") and a preliminary injunction ("PI") on 6/29/2020. Parties appeared for a hearing on that application on 6/30/2020 and 7/1/2020. Defendants' counsel had received the TRO and PI application just hours before the hearing began on 6/30/2020 and had not submitted a response. During the hearing, the parties appeared to agree on the contours of a consent TRO that would remain in effect until a PI hearing on 7/16/2020. I directed the parties to discuss a mutually agreeable solution to the seemingly minor open matter and to submit a draft consent TRO. The parties did not submit the draft consent TRO or seek any action from the Court in the week following that conference. Last night, plaintiffs submitted a letter at #18 stating that discussions about a consent TRO had broken down and asked the Court to enter a TRO without defendants' consent. Defendants, however, have not yet responded to the merits of plaintiffs' motion. Under the schedule set in connection with the preliminary injunction hearing, their response to that motion is due today. I decline to issue a TRO on the day of that deadline, before defendants have responded to the merits of plaintiffs' motion. I will schedule any further proceedings on plaintiffs' request for a TRO and a PI after that briefing is submitted. In the meantime, if plaintiffs wish to obtain discovery in advance of a PI hearing and desire for the PI hearing to be adjourned to facilitate discovery, plaintiffs should submit a motion or letter brief describing the materials they seek and the good cause for expedited discovery. Ordered by Judge Rachel P. Kovner on 7/10/2020. (Yaffe, Leah)
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| Filing 18 Letter Submitting Proposed TRO, and Requesting Referral to Magistrate for Expedited Discovery, Related Relief by Mon Ethos Pro Consulting, LLC, David Whitaker (Attachments: #1 Proposed Order) (Paxton, Lauren) |
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ORDER granting #8 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 7/9/2020. (Marino, Janine)
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| Filing 17 Letter by BBF Partners, LLC, Day to Day Funding, LLC, Rapid Cap. Inc. (Bouskila, Ariel) |
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Minute Entry and Order: The hearing on plaintiffs' motion for a temporary restraining order was continued by telephone. Lauren Paxton and Joanne Davies appeared for plaintiffs. Steven Berkovitch and Ariel Bouskila appeared for defendants BBF Partners, LLC, Day to Day Funding, LLC and Rapid Cap, Inc. The parties indicated that they have agreed on the basic contours of a consent temporary restraining order. The parties will confer about an appropriate third-party escrow agent and then submit a draft consent order to the Court. A hearing on plaintiffs' motion for a preliminary injunction is set for 7/16/2020 at 2:00 p.m. The appearing defendants' response brief is due by 7/10/2020, and plaintiffs' reply is due by 7/15/2020. The parties shall confer regarding the plaintiffs' request for expedited discovery. In the event that the parties are unable to reach an agreement, plaintiffs may make a request for expedited discovery to the Court. Ordered by Judge Rachel P. Kovner on 7/1/2020. (Court Reporter Michele Nardone) (Yaffe, Leah)
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| Filing 16 NOTICE of Appearance by Ariel Bouskila on behalf of BBF Partners, LLC, Day to Day Funding, LLC, Rapid Cap. Inc. (aty to be noticed) (Bouskila, Ariel) |
| Filing 15 CERTIFICATE OF SERVICE by Mon Ethos Pro Consulting, LLC, David Whitaker of Proposed Order to Show Cause and Supporting Documents (Morrow, Philip) |
| Filing 14 NOTICE of Appearance by Lauren Mary Paxton on behalf of All Plaintiffs (aty to be noticed) (Paxton, Lauren) |
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Minute Entry and Order: A telephone hearing on the #9 motion for a temporary restraining order was held before Judge Rachel P. Kovner on 6/30/2020. Lauren Paxton, Tracy Warren, Joanne Davies, and Philip Morrow appeared for plaintiffs. Ariel Bouskila and Steven Berkovitch appeared for defendants BBF Partners, LLC, Day to Day Funding, LLC, and Rapid Cap, Inc. The hearing was adjourned until 7/1/2020 at 9 a.m. The parties should use the same teleconference line and access code to join the conference. Ordered by Judge Rachel P. Kovner on 6/30/2020. (Court Reporter Stacy Mace) (Yaffe, Leah)
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| Filing 13 MEMORANDUM in Support re #9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction against Defendants filed by All Plaintiffs. (Attachments: #1 Exhibit 1) (Morrow, Philip) |
| Filing 12 DECLARATION re #9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction against Defendants Declaration of Jonathan Kavner in Support of Emergency Motion by Mon Ethos Pro Consulting, LLC, David Whitaker (Morrow, Philip) |
| Filing 11 DECLARATION re #9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction against Defendants Declaration of Joseph J. Balliro, Jr. in Support of Emergency Motion for Temporary Restraining Order and Preliminary Injunction by Mon Ethos Pro Consulting, LLC, David Whitaker (Morrow, Philip) |
| Filing 10 DECLARATION re #9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction against Defendants Declaration of David Whitaker in Support of Emergency Motion for Temporary Restraining Order and Preliminary Injunction by Mon Ethos Pro Consulting, LLC, David Whitaker (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, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39) (Morrow, Philip) |
| Filing 9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction against Defendants by Mon Ethos Pro Consulting, LLC, David Whitaker. (Morrow, Philip). Added MOTION for Preliminary Injunction on 7/14/2020 (Lee, Tiffeny). |
| Filing 8 MOTION to Appear Pro Hac Vice for Tracy A. Warren Filing fee $ 150, receipt number ANYEDC-12992455. by Mon Ethos Pro Consulting, LLC, David Whitaker. (Morrow, Philip) |
| Filing 7 Corporate Disclosure Statement by Mon Ethos Pro Consulting, LLC (Morrow, Philip) |
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ORDER: A hearing on plaintiffs' #9 motion for a temporary restraining order is set for 6/30/2020 at 3:30 p.m. The hearing will be conducted by telephone. To join the teleconference, counsel is instructed to call (888) 278-0296 and type in the access code 2012636. Ordered by Judge Rachel P. Kovner on 6/29/2020. (Yaffe, Leah)
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| Filing 6 Summons Issued as to Rapid Cap. Inc.. (Bowens, Priscilla) |
| Filing 5 Proposed Summons. Re #1 Complaint,, by Mon Ethos Pro Consulting, LLC, David Whitaker (Morrow, Philip) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to BBF Partners, LLC, Day to Day Funding, LLC, Mzeed Inc.. (Attachments: #1 Mzeed summons, #2 Day summons) (Bowens, Priscilla) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-12980181 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by David Whitaker, Mon Ethos Pro Consulting, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons to Defendant BBF, #3 Proposed Summons Proposed Summons to Defendant Day to Day, #4 Proposed Summons Proposed Summons to Defendant Mzeed, #5 Proposed Summons Proposed Summons to Defendant Rapid Cap, #6 Exhibit Exhibit 1 to Complaint, #7 Exhibit Exhibit 2 to Complaint, #8 Exhibit Exhibit 3 to Complaint, #9 Exhibit Exhibit 4 to Complaint, #10 Exhibit Exhibit 5 to Complaint) (Morrow, Philip) |
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