Legum v. Garfinkel et al
| Joshua D. Legum |
| Jacob Garfinkel, Jon Palmieri, Emerald Oak Capital, LLC, 5G Funding LLC and Coby E. Garfinkel |
| 2:2023cv06392 |
| August 25, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Anne Y Shields |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2023. A more recent docket listing may be available from PACER.
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ORDER granting #16 Motion to Continue; granting #18 Letter to Judge Gary R. Brown from Ariel Weissberg by 5G Funding LLC, Emerald Oak Capital, LLC, Jon Palmieri; withdrawing #12 Motion to Dismiss for Lack of Jurisdiction; withdrawing #14 Motion to Dismiss for Failure to State a Claim. In light of the representations set forth in Docket Entry ("DE") 18, the preliminary injunction hearing scheduled for September 26, 2023 IS ADJOURNED TO NOVEMBER 29, 2023 AT 2:00 PM IF NEEDED. DE 12 and DE 14 are deemed withdrawn without prejudice to renew following the November 29, 2021 hearing if necessary. The Clerk of the Court is directed to immediately seal the exhibits to DE 18, namely DE 18-1.Ordered by Judge Gary R. Brown on 9/25/2023. (LJ)
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| Filing 18 Letter to Judge Gary R. Brown from Ariel Weissberg by 5G Funding LLC, Emerald Oak Capital, LLC, Jon Palmieri (Attachments: #1 Exhibit) (Weissberg, Ariel) |
| Filing 17 REPLY in Support re #6 Order on Motion for Preliminary Injunction,, filed by Joshua D. Legum. (Attachments: #1 Exhibit, #2 Declaration Declaration of Joshua D. Legum, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Legum, Steven) |
| Filing 16 MOTION to Continue Evidentiary Hearing by 5G Funding LLC, Emerald Oak Capital, LLC, Jon Palmieri. (Weissberg, Ariel) |
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SCHEDULING ORDER: Pending before the Court is plaintiff's motion for a preliminary injunction restraining approximately $510,000 pending resolution of this action. In its various filings, plaintiff has described an alleged Ponzi investment scheme carried out by defendant Garfinkel and his various related entities and by which he has been defrauded of the subject funds. In response, Garfinkel has suggested that plaintiff transferred the subject funds to Garfinkel's entities as a loan, without the parties ever agreeing on the repayment terms, accrued interest or any other provisions. Other sworn statements by Garfinkel raise concerns, including his statement that he has never been involved in litigation in New York, though public filings reveal that one defendant, "5G Funding LLC," of which Garfinkel is a member (and perhaps the sole member) has frequently been a plaintiff in New York State courts. Similarly, 5G has been represented in this Court as a Florida entity, while it has been portrayed in at least one state court filing as a Delaware entity. Thus, the parties and their attorneys are hereby directed to appear before the Court in person on Tuesday, September 26 at 2pm for an evidentiary hearing concerning the pending motion for a preliminary injunction. Counsel should be prepared to offer testimony and all relevant evidentiary submission concerning the above-identified issues as well as any other matters which they believe bear on the potential issuance of a preliminary injunction. FAILURE TO APPEAR AS DIRECTED MAY RESULT IN EITHER ENTRY OF THE REQUESTED RELIEF WITHOUT FURTHER PROCEEDINGS OR DISMISSAL OF THE ACTION, AS APPROPRIATE. Ordered by Judge Gary R. Brown on 9/21/2023. (Brown, Gary)
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ORDER re #15 . Plaintiff's request to file a brief reply is hereby GRANTED and shall be submitted to the Court by close of business on September 22, 2023. Ordered by Judge Gary R. Brown on 9/21/2023. (JP)
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| Filing 15 REPLY in Support re #6 Order on Motion for Preliminary Injunction,, letter to Court requesting permission to reply filed by Joshua D. Legum. (Legum, Steven) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim by 5G Funding LLC, Emerald Oak Capital, LLC, Jon Palmieri. (Attachments: #1 Exhibit) (Weissberg, Ariel) |
| Filing 13 MEMORANDUM in Opposition to Plaintiff's Motion for Preliminary Injunction filed by 5G Funding LLC, Emerald Oak Capital, LLC, Jon Palmieri. (Attachments: #1 Exhibit) (Weissberg, Ariel) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction by Jacob Garfinkel. (Attachments: #1 Exhibit) (Weissberg, Ariel) |
| Filing 11 NOTICE of Appearance by Ariel Weissberg on behalf of All Defendants (notification declined or already on case) (Weissberg, Ariel) |
| Filing 10 SUMMONS Returned Executed by Joshua D. Legum. 5G Funding LLC served on 9/5/2023, answer due 9/26/2023; Emerald Oak Capital, LLC served on 9/5/2023, answer due 9/26/2023; Jacob Garfinkel served on 9/4/2023, answer due 9/25/2023; Jon Palmieri served on 8/30/2023, answer due 9/20/2023. (Legum, Steven) |
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ORDER granting #9 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 all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 9/8/2023. (DM)
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| Filing 9 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17064527 by 5G Funding LLC, Emerald Oak Capital, LLC, Jacob Garfinkel, Jon Palmieri. (Attachments: #1 Affidavit, #2 Exhibit) (Weissberg, Ariel) |
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ORDER denying #8 Motion for Leave to Appear Pro Hac Vice: Local Civil Rule 1.3(c) requires a certificate of good standing "for each of the states in which the applicant is a member of the bar." The within application only contains a certificate of good standing from a federal district court in which the movant is admitted, which is insufficient for pro hac vice admission. Accordingly, the application is denied without prejudice to renewal upon submission of a properly supported application. So Ordered by Magistrate Judge Anne Y. Shields on 9/5/2023. (DM)
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ORDER re #7 Extension of Time to Serve Motion for Preliminary Injunction: Plaintiff's letter request for additional time to serve defendants is granted. Plaintiff shall serve the original Order to Show Cause dated 8/29/2023, as well as this Order extending the time to serve defendants, together with the papers upon which the Order to Show Cause is granted, and the summons and complaint, upon each defendant in the manner required by Fed.R. Civ. P. 4, on or before September 5, 2023. Defendants' time to respond to the Order to Show Cause is extended to September 11, 2023. Ordered by Judge Gary R. Brown on 9/1/2023. (LJ)
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| Filing 8 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17044981 by 5G Funding LLC, Emerald Oak Capital, LLC, Jacob Garfinkel, Jon Palmieri. (Attachments: #1 Affidavit, #2 Exhibit) (Weissberg, Ariel) |
| Filing 7 MOTION for Preliminary Injunction by order to show cause by Joshua D. Legum. (Attachments: #1 Exhibit letter request for additional time to serve) (Legum, Steven) |
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Filing 6
ORDER TO SHOW CAUSE: Let the defendants show cause in writing before this court before the Honorable Gary R. Brown at the courthouse, 100 Federal Plaza Central Islip by close of business on September 5, 2023, why an order should not be issued pursuant to Fed.R.Civ.P. 64 etc. SEE ATTACHED ORDER FOR FURTHER DETAILS. It is further ORDERED, that this order, together with the papers upon which it is granted, and the summons and complaint, shall be served upon each defendant in the manner required by Fed.R. Civ.P. 4, on or before August 30, 2023. Ordered by Judge Gary R. Brown on 8/29/2023. (JC)
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| Filing 5 Proposed MOTION for Preliminary Injunction by order to show cause by Joshua D. Legum. (Attachments: #1 Declaration, #2 Memorandum in Support) (Legum, Steven) |
| Filing 4 Summons Issued as to All Defendants. (CL) |
| 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. (CL) |
| This attorney case opening filing has been checked for quality control. (CL) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. 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. (CL) |
| Filing 2 Civil Cover Sheet.. by Joshua D. Legum (Legum, Steven) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Page 2 is missing. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (CL) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-17027097 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Joshua D. Legum. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Legum, Steven) Modified on 8/29/2023 (CL). |
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