LG Capital Funding, LLC v. Exeled Holdings Inc.
Plaintiff: LG Capital Funding, LLC
Defendant: Exeled Holdings Inc.
Case Number: 1:2017cv04006
Filed: May 26, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Richard J. Sullivan
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
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Date Filed Document Text
March 13, 2024 Opinion or Order Filing 195 OPINION AND ORDER re: 176 MOTION to Dismiss filed by Daniel Gellman, Joseph Lerman, LG Capital Funding, LLC, Boruch Greenberg. The motion for relief from the Court's prior Order granting ELED leave to submit the Counterclaim Complaint is DENIED, and the motion to dismiss the Counterclaim Complaint is GRANTED IN PART and DENIED IN PART. The Clerk of Court is respectfully directed to close Dkt. No. 176. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/13/2024) (va)
August 4, 2023 Opinion or Order Filing 192 ORDER. The request for an extension of time to produce documents pursuant to the first request for production of documents is denied. Dkt. No. 188. No good cause has been shown. All documents responsive to the first request for production of documents shall be produced by close of day August 4, 2023, as previously ordered. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/4/23) (yv)
August 3, 2023 Opinion or Order Filing 190 ORDER, This morning, the Court mistakenly entered an order granting the motion for an extension on the time to produce discovery. Dkt. No. 189. The Court had intended to sign the proposed stipulation. Dkt. No. 187. The order granting the motion for an extension is rescinded. Any response to that motion is due August 4, 2023. The Court will take the matter under advisement. SO ORDERED. ( Responses due by 8/4/2023) (Signed by Judge Lewis J. Liman on 8/3/23) (yv)
June 15, 2023 Opinion or Order Filing 170 REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: granting 168 Letter Motion for Discovery. This Civil Case Management Plan and Scheduling Order is submitted by the parties in accordance with Federal Rule of Civil Procedure 26(f)(3): All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Any motion to amend or to join additional parties shall be filed no later than 8/07/2023. All Fact Dis covery is to be completed no later than 3/06/2024. Depositions shall be completed by 10/17/2023. All Expert Discovery and Depositions shall be completed by 3/1/2024. All Discovery shall be completed no later than 4/27/2024. A post-discovery status co nference shall be held on: 5/10/2024 at 2:00 p.m. Any motion for summary judgment must be filed no later than 6/15/2024. This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 4 days. and as set forth herein. (Signed by Judge Lewis J. Liman on 6/15/2023) (ama)
June 14, 2023 Opinion or Order Filing 167 OPINION AND ORDER re: 164 LETTER MOTION for Discovery addressed to Judge Lewis J. Liman from Gene W. Rosen, Esq. dated June 8, 2023. filed by Daniel Gellman, Joseph Lerman, LG Capital Funding, LLC, Boruch Greenberg. Accordingly, the motion to quash is denied. The Clerk of Court is respectfully directed to close Dkt. No. 164. SO ORDERED. (Signed by Judge Lewis J. Liman on 6/14/2023) (kv)
November 7, 2022 Opinion or Order Filing 125 OPINION AND ORDER re: 117 MOTION to Vacate 114 Judgment,, Pursuant to FRCP 60(b)(1). filed by Exeled Holdings Inc.. Defendant's motion to vacate the final judgment is GRANTED. The Clerk of Court is respectfully directed to close Dkt. No. 117. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/7/2022) (tg)
November 22, 2021 Opinion or Order Filing 114 FINAL JUDGMENT: It is hereby ORDERED, ADJUDGED, and DECREED: That the Court enter judgment against Defendant and in favor of Plaintiff: i. For damages for Defendant's Breach of Contract in the amount of $512,412.19; ii. For damages for Defendant's Anticipatory Breach of Contract in the amount of $151,461.02; iii. For attorneys' fees in the amount of $80,412.50; and iv. For costs in the amount of $497.97. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/22/2021) (va)
October 25, 2021 Opinion or Order Filing 107 OPINION AND ORDER: Having reviewed de novo the portions of the Report and Recommendation as to which Plaintiff objected, the Court does not adopt the damages calculations outlined therein. The Court also declines to stay judgment in this cas e, as the Plaintiff is entitled to a timely decision. See Janes v. Sackman Bros. Co., 177 F.2d 928, 933 (2d Cir. 1949) (noting that "[j]ustice delayed would surely be justice denied" if the court were to stay judgement while waiting f or a state court decision). Plaintiff is directed, within two (2) weeks of the issuance of this Opinion and Order, to submit (a) a proposed judgment that calculates damages in accordance with the reasoning and formulas outlined in this Opinion and Order; (b) a short letter explaining the calculations and figures used; and (c) a request for attorneys' fees and costs. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/25/2021) (va)
October 2, 2020 Opinion or Order Filing 94 SCHEDULING ORDER: The parties are directed to appear for a telephonic evidentiary hearing on the issue of damages on October 21, 2020 at 10:30 am. Dial-in (866) 390-1828, access code 1582867. Plaintiff should be prepared to address the following: and further set forth in this Order. (Telephone Conference set for 10/21/2020 at 10:30 AM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 10/2/2020) (rro)
June 30, 2020 Opinion or Order Filing 91 ORDER: Accordingly, Plaintiff is directed file a supplemental memorandum of law by July 14, 2020 that specifically address the following: The date of the breach. If Plaintiff revises the date of the breach, Plaintiff must provide the high and l ow trading prices for the revised date. The sources of the high and low trading prices for ExeLED stock. Whether principal and interest should be recovered. Failure to timely supplement may result in a recommendation that damages be denied. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 6/30/2020) (rro)
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Plaintiff: LG Capital Funding, LLC
Represented By: Chris Han
Represented By: Kevin Kehrli
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Defendant: Exeled Holdings Inc.
Represented By: Gary Michael Fellner
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