Cachet Financial Services v. MyPayrollHR et al
| Cachet Financial Services |
| Does 1-10, MyPayrollHR, Michael Mann, Ross Personnel Consultants Inc., Southwestern Payroll Services Inc., ValueWise Corporation, Essque, Inc., Cloud Payroll LLC, Ross Personnel Consultants Inc. doing business as Ross Consultants, Southwestern Payroll Services Inc. doing business as Southwestern Payroll and Essque, Inc. doing business as Heutmaker Business Advisors |
| 1:2019cv01181 |
| September 23, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Frederick J Scullin |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 12, 2022. A more recent docket listing may be available from PACER.
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Filing 39
REPLY to Response to Motion re #14 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by Cachet Financial Services. (Miller, Donald)
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Filing 38
RESPONSE in Opposition re #14 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by Southwestern Payroll Services Inc.. (Attachments: #1 Declaration in Opposition to Motion for Preliminary Injunction)(Jayne, Andrew)
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Filing 37
RESPONSE to Motion re #14 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by Canfield Funding, LLC. (Butler, Brian)
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Filing 36
CERTIFICATE OF SERVICE by Cachet Financial Services re #31 Order on Motion for TRO,, (Miller, Donald)
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Filing 35
NOTICE of Appearance by Andrew Jayne on behalf of Southwestern Payroll Services Inc. (Jayne, Andrew)
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Filing 34
TEXT ORDER granting #33 Motion for Limited Admission Pro Hac Vice of Andrew C. Jayne, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 11/12/2019. (tab)
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Filing 33
MOTION for Limited Admission Pro Hac Vice of Andrew C. Jayne Filing fee $100, receipt number ANYNDC-4937738. filed by Southwestern Payroll Services Inc.. (Attachments: #1 Declaration, #2 Registration Form, #3 Petition, #4 Certificate of Good Standing) Motions referred to Christian F. Hummel. (Kornstein, Michael)
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Filing 32
CERTIFICATE OF SERVICE by Canfield Funding, LLC re #31 Order on Motion for TRO,, upon Key Bank (Tsan, Clifford)
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Filing 31
ORDER granting #24 Motion to Modify for TRO to remove Millennium Funding's operating account at Key Bank from the list of accounts subject to the TRO. Millennium Funding shall serve a copy of this order on Key Bank and file proof of service. Plaintiff shall serve a copy of this order on all parties within 5 business days and, upon newly added defendants, within 10 days following service of the complaint and file proof of service. Signed by Senior Judge Frederick J. Scullin, Jr on 11/7/2019. (bjw, )
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RESCHEDULING NOTICE TIME CHANGE ONLY as to #14 Motion for a Preliminary Injunction. Due to a change in the Court's calendar: Motion Hearing remains set for 12/4/2019 and the time is changed to 11:00 AM in Albany before Senior Judge Frederick J. Scullin Jr. (bjw, )
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Filing 30
Letter Motion from Clifford G. Tsan, Esq. for Canfield Funding, LLC requesting Replacement of Exhibit A to Grimm Reply Declaration (Docket No. 28-1) submitted to Judge Scullin . (Attachments: #1 Exhibit(s) Corrected Exhibit A to Grimm Reply Declaration (Docket No. 28-1))(Tsan, Clifford)
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Filing 29
REPLY to Response to Motion re #24 Emergency MOTION for Temporary Restraining Order To Modify the Temporary Restraining Order at Docket # 22 Declaration of Wendy L. Vaughn filed by Canfield Funding, LLC. (Attachments: #1 Exhibit(s) A to Vaughn Declaration, #2 Exhibit(s) B to Vaughn Declaration, #3 Exhibit(s) C to Vaughn Declaration, #4 Exhibit(s) D to Vaughn Declaration, #5 Exhibit(s) E to Vaughn Declaration)(Tsan, Clifford)
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Filing 28
REPLY to Response to Motion re #24 Emergency MOTION for Temporary Restraining Order To Modify the Temporary Restraining Order at Docket # 22 Reply Declaration of Richard A. Grimm, III, Esq. filed by Canfield Funding, LLC. (Attachments: #1 Exhibit(s) A to Reply Declaration of Richard A. Grimm, III, #2 Exhibit(s) B to Grimm Reply Declaration, #3 Exhibit(s) C to Grimm Reply Declaration)(Tsan, Clifford)
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Minute Entry for proceedings held before Senior Judge Frederick J. Scullin, Jr: Telephone Conference held on 11/5/2019 to address Millennium Fundings motion to amend the TRO. Parties advised that motion to amend the TRO will be granted. Order to follow. APP: Donald Miller, Esq. for Plaintiff; Michael Kornstein, Esq. and Andrew Jayne, Esq. for Southwestern Payroll Services; Michael Koenig, Esq. for Michael Mann; and Clifford Tsan, Esq. Brian Butler, Esq. and Richard Grimm, Esq. for Millennium Funding. (Court Reporter none)[4:00-4:05](bjw, )
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Filing 27
RESPONSE in Opposition re #24 Emergency MOTION for Temporary Restraining Order To Modify the Temporary Restraining Order at Docket # 22 filed by Cachet Financial Services. (Attachments: #1 Declaration of Daniel A. Platt in Opposition to Emergency Motion to Modify Temporary Restraining Order, #2 Exhibit(s) A To Declaration, #3 Exhibit(s) B to Declaration)(Platt, Daniel)
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Filing 26
NOTICE of Appearance by Richard A. Grimm on behalf of Canfield Funding, LLC (Grimm, Richard)
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Filing 25
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Canfield Funding, LLC. (Tsan, Clifford)
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MOTION SCHEDULING NOTICE as to #24 Emergency MOTION for Temporary Restraining Order To Modify the Temporary Restraining Order. Response to Motion due by 11/4/2019 by 12noon. Reply to Response to Motion due by 11/5/2019 by 12noon. A telephone conference is set for 11/5/2019 at 4:00pm. Call in information to follow. (bjw, )
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MOTION SCHEDULING NOTICE CORRECTION: Response papers due 11/4/2019 by 3:00pm. (bjw, )
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Filing 24
Emergency MOTION for Temporary Restraining Order To Modify the Temporary Restraining Order at Docket # 22 by Canfield Funding, LLC d/b/a Millennium Funding. (Attachments: #1 Declaration of Robert Schoellkopf, #2 Declaration of Robert A. Grimm, III, Esq., #3 Exhibit A to Declaration of Robert A. Grimm, III, Esq., #4 Memorandum of Law in Support of Millennium's Emergency Motion to Modify TRO, #5 Declaration of Clifford G. Tsan, Esq., of Compliance with Local Rule 7.1(e))(Tsan, Clifford) Modified on 11/4/2019 to remove duplicate text. (kmp)
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MOTION RESCHEDULING NOTICE TIME CHANGE ONLY as to #14 MOTION for Preliminary Injunction . Motion Hearing remains set for 12/4/2019 and the time is changed to 04:30 PM in Albany before Senior Judge Frederick J. Scullin Jr. (bjw, )
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Filing 23
CERTIFICATE OF SERVICE by Cachet Financial Services re #22 Order,,,, #14 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction (Miller, Donald)
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Filing 22
ORDER that pending a hearing on Pltf's #14 Motion for a Preliminary Injunction, the TRO is granted as to any assets in any bank account that Deft Mann or MyPayrollHR controls, which includes those listed in this order. Pltf will not be required to post a bond. Pltf's motion of an Order of Attachment is Denied. The Defts and all persons listed in this order are Enjoined and Restrained from transferring any property under their control. This order does not prevent Deft Mann from using his other personally-owned assets, not listed in this order, for limited purposes as stated in this order. Further, the Pltf may serve subpoenas upon listed banks requesting documents regarding listed accounts. Response to #14 Motion for Preliminary Injunction due by 11/13/2019; reply due by 11/20/2019. Preliminary Injunction Hearing set for 12/4/2019 at 2:00pm in Albany. This order shall be served in accordance with the terms of this order.. Signed by Senior Judge Frederick J. Scullin, Jr on 10/16/2019. (bjw, )
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Filing 21
Letter Motion from Donald Miller for Cachet Financial Services requesting to sign proposed order submitted to Judge Scullin . (Attachments: #1 Exhibit(s) A- Proposed Order, #2 Exhibit(s) B- Redline of Revised Proposed Order)(Miller, Donald)
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Filing 20
Letter Motion from Michael A. Kornstein, Esq. for Southwestern Payroll Services Inc. requesting objection of further relief granting an attachment of the assets listed in plaintiff's application submitted to Judge Scullin . (Kornstein, Michael)
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Filing 19
CERTIFICATE OF SERVICE by Cachet Financial Services re #17 Order,, Set Hearings, (Miller, Donald)
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Filing 18
NOTICE of Appearance by Donald A. Miller on behalf of Cachet Financial Services (Miller, Donald)
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Filing 17
ORDER that the Preliminary Injunction Hearing is set for 12/4/2019 at 02:00 PM in Albany. Response in opposition due by 11/13/2019. Reply to response due by 11/20/2019. Plaintiff shall serve a copy of this order on Defendants' counsel by regular mail and file a certificate of service accordingly.. Signed by Senior Judge Frederick J. Scullin, Jr on 10/11/2019. (bjw, )
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Filing 16
WAIVER OF SERVICE Returned Executed by Southwestern Payroll Services Inc.. Southwestern Payroll Services Inc. waiver sent on 10/3/2019, answer due 12/2/2019. (Kornstein, Michael)
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Minute Entry for proceedings held before Senior Judge Frederick J. Scullin, Jr: Telephone Conference held on 10/10/2019 to address motion for TRO and PI. The Court will grant the TRO; request for expedited discovery. Preliminary Injunction Hearing set for 12/4/2019 at 2:00pm in Albany. Counsel will submit a proposed order. Briefing schedule to follow. APP: Donald Miller, Esq. and Matthew Anderson, Esq. for Pltf; Michael Kornstein, Esq. for SW Payroll; Andrew Jane, Esq. for Allred; Michael Keonig, Esq. for Michael Man. (Court Reporter none)[1:30-1:45] (bjw, )
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Filing 15
TEXT ORDER granting #12 Motion for Limited Admission Pro Hac Vice for Donald A. Miller, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 10/9/2019. (tab)
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Filing 14
Emergency MOTION for Temporary Restraining Order , Emergency MOTION for Preliminary Injunction by Cachet Financial Services.(Farber, Evan)
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Filing 13
NOTICE of Appearance by Matthew Anderson, I on behalf of Cachet Financial Services (Anderson, Matthew)
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Filing 12
MOTION for Limited Admission Pro Hac Vice of Donald A. Miller Filing fee $100, receipt number ANYNDC-4900277. filed by Cachet Financial Services. Motions referred to Christian F. Hummel. (Farber, Evan)
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Filing 11
WAIVER OF SERVICE Returned Executed by Cachet Financial Services. ValueWise Corporation waiver sent on 9/25/2019, answer due 11/25/2019. (Farber, Evan)
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Filing 10
WAIVER OF SERVICE Returned Executed by Cachet Financial Services. Ross Personnel Consultants Inc. waiver sent on 9/25/2019, answer due 11/25/2019. (Farber, Evan)
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Filing 9
WAIVER OF SERVICE Returned Executed by Cachet Financial Services. MyPayrollHR waiver sent on 9/25/2019, answer due 11/25/2019. (Farber, Evan)
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Filing 8
WAIVER OF SERVICE Returned Executed by Cachet Financial Services. Michael Mann waiver sent on 9/25/2019, answer due 11/25/2019. (Farber, Evan)
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Filing 7
SUMMONS Returned Executed by Cachet Financial Services. ValueWise Corporation served on 9/27/2019, answer due 10/18/2019. (Farber, Evan)
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Filing 6
SUMMONS Returned Executed by Cachet Financial Services. MyPayrollHR served on 9/27/2019, answer due 10/18/2019. (Farber, Evan)
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Filing 5
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Cachet Financial Services identifying Corporate Parent Financial Business Group Holdings for Cachet Financial Services.. (Farber, Evan)
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Filing 4
NOTICE of Admission Requirement as to Party Plaintiffs; Attorney Daniel A. Platt, Esq., Donald A. Miller, Esq., and Matthew C. Anderson, Esq. with Loeb & Loeb LLP. Phone number is 212-407-4000. Admissions due by 10/8/2019. Copies served upon attorneys by regular mail. (kmp)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial In Person Rule 16 Conference set for 12/23/2019 at 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/16/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kmp)
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Filing 2
Summons Issued as to MyPayrollHR. (Attachments: #1 Summons Issued for Michael Mann, #2 Summons Issued for Valuewise Corporation, #3 Summons Issued for Ross Personnel Consultants Inc., #4 Summons Issued for Southwestern Payroll Services Inc., #5 Summons Issued for Essque, Inc.)(kmp)
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TEXT NOTICE: Although the plaintiff herein has named Does 1-10 in the Complaint, the Clerk's Office will not issue a summons for service of process on "Does 1-10" defendants at this time. In the event plaintiff wishes to pursue the claims against these defendants, plaintiff shall take reasonable steps to ascertain the defendants identity. When plaintiff determines the identity of "Does 1-10" defendants, plaintiff may seek to amend the pleading to add the properly named defendants pursuant to FED. R. CIV. P. 15 and summons will be issued at that time. (kmp)
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Filing 1
COMPLAINT WITH JURY DEMAND against MyPayrollHR, Michael Mann, ValueWise Corporation, Ross Personnel Consultants Inc., Southwestern Payroll Services Inc., Essque, Inc., and Does 1-10 (Filing fee $400 receipt number ANYNDC-4881073) filed by Cachet Financial Services. (Attachments: #1 Civil Cover Sheet) (kmp)
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