United States of America v. Kafeiti et al
| United States of America |
| National Awards Commission, Biltmore Partners, BC0875430, SK International Syndicate, Inc., Digital Matrix International, Inc., Fairmont Wealth Resources, Inc., International Sweeps Revenue Services, Inc., Charles Kafeiti, Dennis Hunsaker, Elizabeth Maietta, Anthony Kafeiti, Steven Diaz, Carmine Maietta, Golden Response Worldwide, Inc., David Anthony, SixEvolution GmbH, Drew Wilson, Pershing Group, Rockwell Asset Processing, Berkshire Global Services and International Revenue Bureau |
| 2:2018cv06581 |
| November 19, 2018 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Anne Y Shields |
| Other Statutory Actions |
| 28 U.S.C. § 1345 USA Plaintiff |
| None |
Docket Report
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| Filing 53 Consent MOTION for Preliminary Injunction by United States of America. (Attachments: #1 Attachment 1 Proposed Order, #2 Attachment 2 Proposed Order) (Blaesi-Freed, Jacqueline) |
| Filing 52 Consent MOTION for Extension of Time to File Response/Reply as to #48 Order,,,,, Set Hearings,,,, by David Anthony, SixEvolution GmbH. (Attachments: #1 Proposed Order to adjourn the hearing date and briefing schedule) (Lustigman, Andrew) |
Filing 51
ORDER granting #50 motion for an extension of time. It is hereby ORDERED as follows: The date for Wilson and BGS to move or otherwise respond to the Complaint shall be extended by 30 days to February 21, 2019. So Ordered by Judge Joan M. Azrack on 1/16/2019. c/m (Coleman, Laurie)
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| Filing 50 Letter MOTION for Extension of Time to File Response to Complaint by BC0875430, Drew Wilson. (Attachments: #1 Proposed Order) (Fleming, Brian) Modified on 1/16/2019 for statistical purposes (Coleman, Laurie). |
| Filing 49 CERTIFICATE OF SERVICE by David Anthony, SixEvolution GmbH of Temporary Restraining Order (Lustigman, Andrew) |
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Filing 48
ORDER: It is hereby ORDERED as follows: 1. The preliminary injunction hearing for the Foreign Defendants is rescheduled to coincide with the existing hearing scheduled January 25, 2019 at 1:00 PM in courtroom 6E North at 225 Cadman Plaza East, Brooklyn, NY; 2. The Foreign Defendants shall file and serve their opposition papers to the pending preliminary injunction motion on or before 5:00 p.m. on January 17, 2019; 3. The United States shall file and serve its reply papers (if any) in further support of the preliminary injunction motion together with a Proposed Preliminary Injunction Order as to the Foreign Defendants on or before 5:00 p.m. on January 21, 2019; 4. Based on the consent of the United States and the Foreign Defendants, the temporary restraining order (TRO) dated December 17, 2018 (ECF No. #40 ) shall remain in place against the Foreign Defendants pending the Court's ruling on the United States' preliminary injunction application, with all parties' claims and defenses preserved. So Ordered by Judge Joan M. Azrack on 1/2/2019. (Ortiz, Grisel)
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| Filing 47 Letter with the consent of Plaintiff, defendants Six Evolution and David Anthony request to be included in the scheduling and other provisions applicable to Consenting Defendants under paragraphs 8-11 of the Courts Order dated November 29, 2018 (Dkt # 31) by David Anthony, SixEvolution GmbH (Attachments: #1 Proposed Order) (Lustigman, Andrew) |
| Filing 46 DECLARATION of Service of Papers and Orders on David Anthony and SixEvolution GmbH by United States of America (Blaesi-Freed, Jacqueline) |
| Filing 45 WAIVER OF SERVICE Returned Executed by United States of America. David Anthony waiver sent on 12/28/2018, answer due 3/28/2019. (Blaesi-Freed, Jacqueline) |
| Filing 44 WAIVER OF SERVICE Returned Executed by United States of America. SixEvolution GmbH waiver sent on 12/28/2018, answer due 3/28/2019. (Blaesi-Freed, Jacqueline) |
| Filing 43 AFFIDAVIT of Service for the Court's December 17, 2018 Order served on Digital Matrix International, Inc. c/o David Hunsaker, President on December 18, 2018, filed by United States of America. (Eichenholtz, Seth) |
| Filing 42 AFFIDAVIT of Service for the Court's December 17, 2018 Order served on Dennis Hunsaker on December 18, 2018, filed by United States of America. (Eichenholtz, Seth) |
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ELECTRONIC ORDER granting #41 Motion for Extension of Time to Answer. Defendants Steven Diaz, Fairmont Wealth Resources, Inc., Golden Response Worldwide, Inc., International Sweeps Revenue Services, Inc., Anthony Kafeiti, Charles Kafeiti, Carmine Maietta, Elizabeth Maietta, and SK International Syndicate, Inc. time to answer or otherwise respond to the Complaint is EXTENDED through 2/12/2019. So Ordered by Magistrate Judge Anne Y. Shields on 12/26/2018. (Mucciaccio, Dina)
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| Filing 41 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Steven Diaz, Fairmont Wealth Resources, Inc., Golden Response Worldwide, Inc., International Sweeps Revenue Services, Inc., Anthony Kafeiti, Charles Kafeiti, Carmine Maietta, Elizabeth Maietta, SK International Syndicate, Inc.. (Attachments: #1 Proposed Order) (Lustigman, Andrew) |
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Filing 40
TEMPORARY RESTRAINING ORDER: Accordingly (PLEASE SEE ORDER FOR FURTHER DETAILS), it is hereby ORDERED that defendant Hunsaker and DMI's motion to adjourn the conference (ECF No. #38 .) is DENIED. It is FURTHER ORDERED as follows: A. Defendants, their agents, officers and employees, and all other persons and entities in active concert or participation with them, are temporarily restrained from: PLEASE SEE ORDER FOR FURTHER DETAILS; B. Within five (5) business days after this Order becomes effective, Defendants shall provide copies of this Order to all direct mailers, data managers, list brokers, printer/distributors, mailing houses, caging services, and payment processors with which they do business regarding the materials described in Paragraph (A)(ii)(a)-(g), supra, informing them that they are subject to the injunctive relief outlined herein as an entity in active concert or participation with Defendants, and within seven (7) days after Order becomes effective, Defendants shall provide proof of such notice to the Court and the United States, including the name and addresses of the entities and/or individuals to whom the notice was sent, how the notice was sent, and when the notice was sent.; C. The United States Postal Service is authorized to detain: PLEASE SEE ORDER FOR FURTHER DETAILS. It is FURTHER ORDERED that the foregoing restrictions are issued pursuant to a Preliminary Injunction as to defendants Hunsaker and DMI and the Temporary Restraining Order entered on November 19, 2018, as to defendants Hunsaker and DMI is superseded by this Preliminary Injunction and is hereby vacated and dissolved. This Preliminary Injunction becomes effective upon defendants Hunsaker and DMI upon service via overnight mail or personal service and shall continue until a final judgment or order is issued in this matter, unless otherwise modified in writing by the Court. Upon retention of counsel, defendants Hunsaker and DMI may raise objections and oppose this Preliminary Injunction at a later date. It is FURTHER ORDERED that the Temporary Restraining Order entered on November 19, 2018, as to defendants Anthony and SixEvolution, is hereby vacated and dissolved. The foregoing restrictions on defendants Anthony and SixEvolution are issued pursuant to a Temporary Restraining Order that becomes effective upon formal service of the Summons, Complaint, and TRO and remains in effect for fourteen days. Defendants Anthony and SixEvolution are directed to show cause, in writing, within ten days of service why the preliminary injunction requested by the United States should not be granted. The United States is directed to inform the Court when service has been effectuated and to file a proposed schedule for briefing and a preliminary injunction hearing. So Ordered by Judge Joan M. Azrack on 12/17/2018. (Ortiz, Grisel)
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| Filing 39 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR PRELIMINARY INJUNCTION HEARING. Counsel For Plaintiff: Jacqueline Blaesi-Freed, John Vagelatos, Seth Eichenhotlz, present. Counsel For Defendant: No Appearance. Show Cause Hearing held on 12/14/2018 at 1:00 PM. Defendants did not appear. The Court will issue a ruling on the papers. (Ortiz, Grisel) |
| Filing 38 Letter MOTION to Adjourn Conference by Digital Matrix International, Inc., Dennis Hunsaker. (Ortiz, Grisel) |
| Filing 37 REPLY in Support re #31 Order on Motion to Continue,,,,,,,,, Temporary Restraining Order,,, Set Hearings,, filed by United States of America. (Attachments: #1 Att. A Proposed Order, #2 Att. B. Email Communication) (Blaesi-Freed, Jacqueline) |
| Filing 36 SUMMONS Returned Executed by United States of America. Dennis Hunsaker served on 12/3/2018, answer due 12/24/2018. (Blaesi-Freed, Jacqueline) |
| Filing 35 SUMMONS Returned Executed by United States of America. Digital Matrix International, Inc. served on 12/3/2018, answer due 12/24/2018. (Blaesi-Freed, Jacqueline) |
| Filing 34 CERTIFICATE OF SERVICE by Elizabeth Maietta (Lustigman, Andrew) |
| Filing 33 CERTIFICATE OF SERVICE by Carmine Maietta (Lustigman, Andrew) |
| Filing 32 Letter advising the Court that the government has fulfilled the directives included in the Court's November 29, 2018 Order by United States of America (Eichenholtz, Seth) |
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Filing 31
TEMPORARY RESTRAINING ORDER: It is hereby ORDERED as follows: PLEASE SEE ORDER FOR FURTHER DETAILS; DEADLINES AND SCHEDULED HEARINGS. Based on the consent of the United States and the Consenting Defendants, the TRO shall remain in place against the Consenting Defendants pending the Court's ruling on the United States's preliminary injunction application against said defendants, with all parties' claims and defenses preserved. SO Ordered by Judge Joan M. Azrack on 11/29/2018. (Ortiz, Grisel)
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| Filing 30 NOTICE by BC0875430, Drew Wilson That Temporary Restraining Order and Order to Show Cause Have Been Provided (Attachments: #1 Exhibit A - List of Names) (Fleming, Brian) |
| Filing 29 NOTICE of Appearance by Brian J. Fleming on behalf of BC0875430, Drew Wilson (notification declined or already on case) (Fleming, Brian) |
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ELECTRONIC ORDER granting #27 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 he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 11/29/2018. (Mucciaccio, Dina)
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| Filing 28 Letter MOTION to Continue Preliminary Injunction Hearing by BC0875430, Drew Wilson. (Attachments: #1 Proposed Order) (Fleming, Brian) |
| Filing 27 MOTION to Appear Pro Hac Vice Brian J. Fleming Filing fee $ 150, receipt number ANYEDC-10975032. by BC0875430, Drew Wilson. (Attachments: #1 Affidavit in Support of Motion to Admit B. Fleming Pro Hac Vice, #2 Certificate of Good Standing) (Fleming, Brian) |
| Filing 26 CERTIFICATE OF SERVICE by Steven Diaz of Temporary Restraining Order (Lustigman, Andrew) |
| Filing 25 CERTIFICATE OF SERVICE by Anthony Kafeiti of Temporary Restraining Order (Lustigman, Andrew) |
| Filing 24 CERTIFICATE OF SERVICE by Charles Kafeiti of Temporary Restraining Order (Lustigman, Andrew) |
| Filing 23 Letter MOTION to Continue preliminary injunction hearing on consent by Steven Diaz, Fairmont Wealth Resources, Inc., Golden Response Worldwide, Inc., International Sweeps Revenue Services, Inc., Anthony Kafeiti, Charles Kafeiti, Carmine Maietta, Elizabeth Maietta, SK International Syndicate, Inc.. (Attachments: #1 Proposed Order) (Lustigman, Andrew) |
| Filing 22 Letter MOTION to Continue Preliminary Injunction Hearing, Extend Temporary Restraining Order Expiration, and Extend Time to Serve as to defendants Anthony and SixEvolution by United States of America. (Blaesi-Freed, Jacqueline) |
| Filing 18 Certification Pursuant to FRCP 65(b)(1)(B) of Jacqueline Blaesi-Freed re: 2 Proposed Order to Show Cause by United States of America (Cox, Dwayne) Modified to correct the title of the document on 11/19/2018 (Cox, Dwayne). (Main Document 18 replaced on 12/6/2018) (Cox, Dwayne). |
| Filing 17 Summons Issued as to Elizabeth Maietta. (Cox, Dwayne) |
| Filing 16 Summons Issued as to David Anthony. (Cox, Dwayne) |
| Filing 15 Summons Issued as to SixEvolution GmbH. (Cox, Dwayne) |
| Filing 14 Summons Issued as to Carmine Maietta. (Cox, Dwayne) |
| Filing 13 Summons Issued as to Dennis Hunsaker. (Cox, Dwayne) |
| Filing 12 Summons Issued as to Digital Matrix International, Inc.. (Cox, Dwayne) |
| Filing 11 Summons Issued as to BC0875430. (Cox, Dwayne) |
| Filing 10 Summons Issued as to Drew Wilson. (Cox, Dwayne) |
| Filing 9 Summons Issued as to SK International Syndicate, Inc.. (Cox, Dwayne) |
| Filing 8 Summons Issued as to Steven Diaz. (Cox, Dwayne) |
| Filing 7 Summons Issued as to Fairmont Wealth Resources, Inc.. (Cox, Dwayne) |
| Filing 6 Summons Issued as to Anthony Kafeiti. (Cox, Dwayne) |
| Filing 5 Summons Issued as to Golden Response Worldwide, Inc.. (Cox, Dwayne) |
| Filing 4 Summons Issued as to International Sweeps Revenue Services, Inc.. (Cox, Dwayne) |
| Filing 3 Summons Issued as to Charles Kafeiti. (Cox, Dwayne) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (Cox, Dwayne) |
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