Coventry Enterprises, LLC v. Biorestorative Therapies, Inc.
| Coventry Enterprises, LLC |
| Biorestorative Therapies, Inc. |
| EMA Financial, LLC, Eagle Equities LLC and Power Up Lending Group, Ltd. |
| Auctus Fund LLC |
| 2:2020cv00703 |
| February 7, 2020 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Anne Y Shields |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| None |
Docket Report
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This docket was last retrieved on March 23, 2020. A more recent docket listing may be available from PACER.
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ORDER STAYING CASE for Bankruptcy or Appeal Proceeding. Joint status report due by May 22, 2020. Ordered by Judge Gary R. Brown on 3/23/2020. (Yim, Kevin)
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| Filing 33 STATUS REPORT by Biorestorative Therapies, Inc. (Mayall, Jaspreet) |
| Filing 31 AFFIDAVIT/AFFIRMATION re #30 Order on Motion for Preliminary Injunction,, Order on Motion for Joinder,,, Order on Motion to Withdraw as Attorney,,, Order on Motion for Preliminary Injunction,,,,, by Biorestorative Therapies, Inc. (Hartman, Dara) |
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ELECTRONIC ORDER granting #22 Letter Motion for Preliminary Injunction regarding new information; granting #24 Motion for Joinder; granting #26 Motion for Joinder; granting #29 Motion to Withdraw Attorney. For the reasons set forth on the record at the Order To Show Cause Hearing on March 11, 2020, the above motions are granted. See #30 Order. Andrew L. Crabtree, Esq. is directed to serve a copy of this Electronic Order and the attached Order upon Biorestorative Therapies, Inc. (BRTX) and file proof of service forthwith. SO ORDERED by Judge Gary R. Brown on 3/12/2020. (Tirado, Chelsea)
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| Filing 32 Minute Entry for proceedings held on 3/11/2020 before Judge Gary R. Brown: Civil Cause for Preliminary Hearing. Counsel for Plaintiff: Avrohom Y. Gefen. Counsel for Defendant: Andrew Crabtree. Intervenors: Philip Giordano for Auctus Fund LLC, Gary Heller for Eagle Equities, EMA Financial LLC, Bernard Feldman for Power Up Lending Group. Court Reporter: Paul Lombardi. Preliminary Injunction motion is granted, order executed. Motion #29 to withdraw as counsel granted. (Tirado, Chelsea) |
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Filing 30
ORDER for Specific Performance and Equitable Relief granting #23 Motion for Preliminary Injunction - THEREFORE, it is hereby, ORDERED, ADJUDGED AND DECREED that, in accordance with its Articles of Organization, Bylaws, and in accordance with such instruments relating to its governance, the Defendant shall be compelled as follows: (SEE ORDER FOR FURTHER DETAILS AND INSTRUCTIONS). SO Ordered by Judge Gary R. Brown on 3/11/2020. (Tirado, Chelsea) (Main Document 30 replaced on 3/12/2020) (Tirado, Chelsea).
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| Filing 29 MOTION to Withdraw as Attorney by Biorestorative Therapies, Inc.. (Attachments: #1 Declaration In support of motion, #2 Exhibit Retainer Letter, #3 Exhibit Email, #4 Proposed Order Proposed Order) (Hartman, Dara) |
| Filing 28 CERTIFICATE OF SERVICE by Coventry Enterprises, LLC re Order to Show Cause,,, (Gefen, Avrohom) |
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ORDER TO SHOW CAUSE - Let Defendant Biorestorative Therapies, Inc. ("BRTX") show cause before the Honorable Gary R. Brown in Courtroom 840 of 100 Federal Plaza, Central Islip, NY 11722 at an in-person conference on March 11, 2020 at 11:00 am why the Proposed Order for Specific Performance and Equitable Relief in Docket Entry #23 -1 should not be entered against defendant BRTX. The failure to appear will result in the Proposed Order for Specific Performance and Equitable Relief in Docket Entry #23 -1 be entered against defendant BRTX. Plaintiff's counsel is directed to serve this Order to Show Cause and and a copy of Proposed Order for Specific Performance and Equitable Relief in Docket Entry #23 -1 upon defendant BRTX and file proof of service forthwith. So Ordered by Judge Gary R. Brown on 3/6/2020. (Yim, Kevin)
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| Filing 27 CERTIFICATE OF SERVICE by Coventry Enterprises, LLC re #26 MOTION for Joinder in Intervenor Auctus Fund LLC's Motion for an Order Seeking Specific Performance and Equitable Relief by Defendant Biorestorative Therapies, Inc. (Gefen, Avrohom) |
| Filing 26 MOTION for Joinder in Intervenor Auctus Fund LLC's Motion for an Order Seeking Specific Performance and Equitable Relief by Defendant Biorestorative Therapies, Inc. by Coventry Enterprises, LLC. (Gefen, Avrohom) |
| Filing 25 Letter by EMA Financial, LLC, Eagle Equities LLC (Fleischmann, Jeffrey) |
| Filing 24 MOTION for Joinder Power Up Joinder in Auctus motion by Power Up Lending Group, Ltd.. (Johnson, Robert) |
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ELECTRONIC ORDER. Any party wishing to respond to #22 Letter Motion for Preliminary Injunction, and #23 Emergency Motion for Preliminary Injunction must do so by close of business March 6, 2020. A preliminary injunction hearing is hereby scheduled for March 11, 2020 at 11:00 am. Ordered by Judge Gary R. Brown on 3/5/2020. (Yim, Kevin)
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| Filing 23 Emergency MOTION for Preliminary Injunction for Specific Performance and Equitable Relief by Defendant BioRestorative Therapies, Inc., with Certificate of Service by Auctus Fund LLC. (Attachments: #1 Proposed Order for Specific Performance and Equitable Relief) (Giordano, Philip) |
| Filing 22 Letter MOTION for Preliminary Injunction regarding new information by Coventry Enterprises, LLC. (Gefen, Avrohom) |
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ELECTRONIC ORDER granting #21 Motion for Extension of Time to File. Application granted. Ordered by Judge Gary R. Brown on 2/28/2020. (Yim, Kevin)
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| Filing 21 Third Party MOTION for Extension of Time to File Joint Submission and [Proposed] Order to the Court, with Certificate of Service by Auctus Fund LLC. (Giordano, Philip) |
| Filing 20 Letter to Judge Brown by Biorestorative Therapies, Inc. (Crabtree, Andrew) |
| Filing 19 NOTICE of Appearance by Bernard Samuel Feldman on behalf of Power Up Lending Group, Ltd. (aty to be noticed) (Feldman, Bernard) |
| Filing 18 ANSWER to #1 Complaint , CROSSCLAIM Cross claims against defendant Biorestorative Therapies, Inc. against All Defendants by Power Up Lending Group, Ltd.. (Johnson, Robert) |
| Filing 17 NOTICE of Appearance by Jeffrey Fleischmann on behalf of EMA Financial, LLC, Eagle Equities LLC (aty to be noticed) (Fleischmann, Jeffrey) |
| Filing 16 Minute Order for proceedings held on 2/13/2020 before Judge Gary R. Brown: Civil Cause for Order to Show Cause Hearing. Counsel for Plaintiff: Avorhom Y. Gefen. Counsel for Defendant: Andrew Crabtree. Intervenors: Phillip Giordano for Auctus Fund LLC, Gary Heller for Eagle Equities, EMA Financial LLC, Bernard Feldman for Power Up Lending Group. Court Reporter: Owen Wicker. The following rulings were made: Motion #13 is granted. Motions made by Power Up Lending, Eagle Equities and EMA Financial to intervene, motions granted. TRO is not continued. A joint status letter will be filed by 2/27/2020. (Tirado, Chelsea) |
| Filing 15 MEMORANDUM in Opposition re #9 Order to Show Cause,,,,, #10 Certificate of Service, #5 Affidavit in Support, #4 Memorandum in Support, #12 Show Cause Hearing, #8 Show Cause Hearing,, Set Hearings, #7 Clerks Notice of Rule 73,,, #3 Unsigned Order to Show Cause, #11 Order to Show Cause,,,, #6 Affidavit in Support with Certificate of Service filed by Auctus Fund LLC. (Attachments: #1 Affidavit of Louis Posner, #2 Affidavit of Philip Giordano, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H) (Giordano, Philip) |
| Filing 14 MEMORANDUM in Support re #13 MOTION to Intervene with Certificate of Service with Certificate of Service filed by Auctus Fund LLC. (Giordano, Philip) |
| Filing 13 MOTION to Intervene with Certificate of Service by Auctus Fund LLC. (Giordano, Philip) |
| Filing 12 Minute Entry for proceedings held on 2/11/2020 before Judge Gary R. Brown: Civil Cause for Order to Show Cause. Counsel for Plaintiff: Avrohom Gefen. Counsel for Defendant: No Appearance. The following rulings were made: Defendant representative Mark Weinreb present. The court advises Mr. Weinreb that corporations are required to be represented by counsel or they face default. TRO issued. Hearing set for 2/13/2020 at 10:30AM. (Tirado, Chelsea) |
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Filing 11
ORDER TO SHOW CAUSE - Let Defendant Biorestorative Therapies, Inc. ("BRTX") show cause before Hon. Gary R. Brown in Courtroom 840 of the Courthouse located at Central Islip on the 13th day of February, 2020 at 10:30AM or as soon thereafter as counsel can be heard why an order pursuant to Fed. R. Civ. P. Rule 65 and 28 U.S.C. 2201 should not be entered pending final determination of this action... And it is further ORDERED that service of the Order to Show Cause, together with the papers upon which it is based, by hand to Defendant's CEO on or before 2/11/2020, be deemed good and sufficient service of all such papers; and it is further ORDERED that BRTX will transmit a copy of this Order to all note holders as well as the transfer agent. Any interested party may appear at the hearing on 2/13/2020. Corporations & business entities may only appear by counsel. (See Order for further details and instructions). SO Ordered by Judge Gary R. Brown on 2/11/2020. (Tirado, Chelsea)
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| Filing 10 CERTIFICATE OF SERVICE by Coventry Enterprises, LLC re #9 Order to Show Cause,,,,, Summons and Complaint, Declarations of A. Gefen and J. Bodenstein and Memo of Law (Gefen, Avrohom) |
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Filing 9
ORDER TO SHOW CAUSE - Let Defendant Biorestorative Therapies, Inc. ("BRTX") show cause before Hon. Gary R. Brown in Courtroom 840 of the Courthouse located at Central Islip on the 11th day of February, 2020 at 10AM or as soon thereafter as counsel can be heard why an order pursuant to Fed. R. Civ. P. Rule 65 and 28 U.S.C. 2201 should not be entered, pending final determination of this action: i) directing BRTX, and its stock transfer agent, to honor the current and subsequent Reserve Requests and reserve the required shared of stock for Coventry Enterprises, LLC; and ii) enjoining BRTX from issuing any additional shares of stock except for purposes of fulfilling Coventry's Reserve Requests or stock conversion requests are fulfilled; and iii) enjoining BRTX from reserving authorized shares for any other party until Coventry's Reserve Requests are fulfilled. Sufficient cause appearing therefor, it is ORDERED that failure to appear may well result in the issuance of a TRO; and it is further ORDERED that service of the Order to Show Cause, together with the papers upon which it is based, and the Summons and Complaint, by electronic means to Defendant BRTX at its principal place of business located at 40 Marcus Dr, Suite One, Melville, NY 11747, and it's counsel on or before 2/10/2020, be deemed good and sufficient service of all such papers. SO Ordered by Judge Gary R. Brown on 2/10/2020. (Tirado, Chelsea)
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| Filing 8 Minute Entry for proceedings held on 2/10/2020 before Judge Gary R. Brown: Civil Cause for Order to Show Cause. Counsel for Plaintiff: Avrohom Gefen. Counsel for Defendant: No Appearance. FTR#: 11:19-11:37. The following rulings were made: Order to show cause signed. Set hearing for 2/11/2020 at 10AM. (Tirado, Chelsea) |
| Filing 7 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. (Cox, Dwayne) |
| Filing 6 Declaration of Avrohom Gefen in Support re: #3 Proposed Order to Show Cause and Temporary Restraining Order. (Cox, Dwayne) |
| Filing 5 Declaration of Jack Bodenstein in Support re: #3 Proposed Order to Show Cause and Temporary Restraining Order by Coventry Enterprises, LLC. (Cox, Dwayne) (Main Document 5 replaced on 2/10/2020) (Cox, Dwayne). |
| Filing 4 Memorandum of Law in Support re: #3 Proposed Order to Show Cause and Temporary Restraining Order filed by Coventry Enterprises, LLC. (Cox, Dwayne) |
| Filing 3 Proposed Order to Show Cause and Temporary Restraining Order by Coventry Enterprises, LLC (Cox, Dwayne) |
| Filing 2 Summons Issued as to Biorestorative Therapies, Inc.. (Cox, Dwayne) |
| Filing 1 COMPLAINT against Biorestorative Therapies, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Coventry Enterprises, LLC. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
| FILING FEE: $ 400.00, receipt number 4653147866 (Cox, Dwayne) |
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