The New Y-Capp, Inc. et al v. Arch Capital Funding, LLC et al
The New Y-Capp, Inc., Donna Zemoria Pierce-Baylor, Jonathan Eugene Coleman, Radiant Images, Inc. and Gianna Wolfe |
Avraham Y. Weinstein, High Speed Capital, LLC, Tsvi H. Davis, MCA Recovery, LLC, Yitzhak D. Stern, Arch Capital Funding, LLC, Yellowstone Capital, LLC, John and Jane Doe Investors and Yellowstone Capital West, LLC |
1:2018cv03223 |
April 12, 2018 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Andrew L Carter |
James L Cott |
Racketeer/Corrupt Organization |
18 U.S.C. § 1962 Racketeering (RICO) Act |
Plaintiff |
Docket Report
This docket was last retrieved on December 7, 2022. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 226 ORDER: It having been reported to the Court that this case has been or will be settled, it is hereby ORDERED that the above-captioned action is discontinued without costs and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty days.SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/07/2022) (ama) |
Filing 225 ORDER. In light of the parties' reported settlement, the conference scheduled for December 7 is adjourned sine die. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James) |
Filing 224 LETTER addressed to Magistrate Judge James L. Cott from David A. Picon dated December 6, 2022 re: Parties have reached a settlement in principle. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 223 ORDER. On referral from Judge Carter, the Court will hold a telephone conference on December 7 at 3:00 p.m. to resolve the parties' dispute about the proposed case management plan (Dkt. Nos. 220, 221). The parties should use the Court's conference line at (877) 873-8017 (access code: 5277586) at that time. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James) |
Filing 222 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. (Signed by Judge Andrew L. Carter, Jr on 11/21/2022) (ate) |
Filing 221 LETTER addressed to Judge Andrew L. Carter, Jr. from David A. Picon dated November 9, 2022 re: Response to the letter Plaintiffs submitted today (ECF 220) informing the Court that the parties have been unable to agree on a Case Management Plan. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC. (Attachments: #1 Exhibit Proposed Civil Case Management Plan).(Picon, David) |
Filing 220 LETTER addressed to Judge Andrew L. Carter, Jr. from Shane R. Heskin, Esquire dated November 9, 2022 re: Plaintiffs' Status Letter and Proposed Case Management Plan. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Exhibit A - Haymount Urgent Care PC et. al. v. GoFund Advance et. al., #2 Text of Proposed Order Plaintiffs' Proposed Case Management Plan).(Heskin, Shane) |
Filing 219 ANSWER to #138 Amended Complaint,,,,. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 218 ANSWER to #138 Amended Complaint,,,,. Document filed by Arch Capital Funding, LLC..(Mendelberg, Gabriel) |
Filing 217 ANSWER to #138 Amended Complaint,,,,. Document filed by MCA Recovery, LLC..(Mendelberg, Gabriel) |
Filing 216 ANSWER to #138 Amended Complaint,,,,. Document filed by Yitzhak D. Stern..(Finkelstein, Jason) |
Filing 215 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i) AS TO COUNTS 3 AND 4 OF PLAINTIFFS' THIRD AMENDED COMPLAINT: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff hereby dismisses Count 3 (Wrongful Execution Regarding Levies and Demands) and Count 4 (Wrongful Execution Regarding Restraining Notices) of Plaintiffs' Third Amended Complaint the above action without prejudice. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/25/2022) (ate) |
Filing 214 NOTICE OF APPEARANCE by Alex David Corey on behalf of Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe..(Corey, Alex) |
Filing 213 ORDER: As discussed in the Court's conference held on October 12, 2022 at 11:30 AM: The Court will dismiss Counts 3 and 4 from Plaintiffs' Third Amended Complaint without prejudice. In follow-up from the Conference: November 9, 2022: The parties are ordered to file a Joint Status Report on a proposed scheduling/case management order. (Signed by Judge Andrew L. Carter, Jr on 10/17/2022) (ate) |
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #212 Notice of Voluntary Dismissal,,, was reviewed and referred to Judge Andrew L. Carter, Jr. for approval for the following reason(s): the voluntary dismissal is requesting other relief;. (nd) |
Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Status Conference held on 10/12/2022. Shane Heskin for Plaintiffs. Jason Finkelstein for Defendant Stern. Gabriel Mendelberg and David Picon for Defendants Arch Capital, High Speed, Yellowstone Capital, and MCA Recovery. See Docket No. 213 for complete details. Proceeding recorded. (tdh) |
Filing 212 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Arch Capital Funding, LLC, Tsvi H. Davis, High Speed Capital, LLC, John and Jane Doe Investors, MCA Recovery, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital West, LLC, Yellowstone Capital, LLC. Document filed by Radiant Images, Inc., Gianna Wolfe, Donna Zemoria Pierce-Baylor, Jonathan Eugene Coleman, The New Y-Capp, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Heskin, Shane) |
Filing 211 ORDER granting #209 Letter Motion for Extension of Time to Answer re #209 LETTER MOTION for Extension of Time to File Answer re: #138 Amended Complaint, addressed to Judge Andrew L. Carter, Jr. from David A. Picon dated 10/11/2022., #1 Complaint. SO ORDERED. Arch Capital Funding, LLC answer due 10/31/2022; High Speed Capital, LLC answer due 10/31/2022; John and Jane Doe Investors answer due 10/31/2022; MCA Recovery, LLC answer due 10/31/2022; Yitzhak D. Stern answer due 10/31/2022; Avraham Y. Weinstein answer due 10/31/2022; Yellowstone Capital West, LLC answer due 10/31/2022; Yellowstone Capital, LLC answer due 10/31/2022. (Signed by Judge Andrew L. Carter, Jr on 10/12/2022) (ate) |
Filing 210 ORDER: A telephonic status conference hearing is currently scheduled for October 12, 2022, at 10:30 a.m. The hearing is hereby ADJOURNED until October 12, 2022, at 11:30 a.m. ( Status Conference set for 10/12/2022 at 11:30 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 10/12/2022) (ate) |
Filing 209 LETTER MOTION for Extension of Time to File Answer re: #138 Amended Complaint,,,, addressed to Judge Andrew L. Carter, Jr. from David A. Picon dated 10/11/2022. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 208 OPINION AND ORDER re: #184 MOTION to Dismiss / Renewed Motion to Dismiss Third Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). filed by Yitzhak D. Stern, #182 MOTION to Dismiss Third Amended Complaint. filed by MCA Recovery, LLC, #180 MOTION to Dismiss Third Amended Complaint. filed by Arch Capital Funding, LLC, #177 MOTION to Dismiss Third Amended Complaint. filed by Yellowstone Capital, LLC, High Speed Capital, LLC, Yellowstone Capital West, LLC In light of the New York Court of Appeals' opinion in Plymouth Venture Partners, II, L.P. v. GTR Source, LLC, 37 N.Y.3d 591 (2021)), the Court believes the proper vehicle to litigate this claim is N.Y.C.P.L.R. 5240. The Court will hold a telephonic conference on October 12, 2022 at 10:30AM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). For the foregoing reasons, Defendants motions to dismiss are DENIED. The Clerk of the Court is respectfully directed to terminate ECF Nos. 177, 180, 182, 184. (Telephone Conference set for 10/12/2022 at 10:30 AM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 9/30/2022) (rro) |
Filing 207 NOTICE of Supplemental Authority In Further Opposition To Defendant's Motion To Dismiss re: #195 Memorandum of Law in Opposition to Motion,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Exhibit Exhibit A - July 20, 2022 Decision of Judge Lorna Schofield in the matter of Lateral Recovery, LLC, et al. v. Queen Funding, LLC, et al., United States District Court For The Southern District of New York, Civil Action No. 21-cv-9607).(Heskin, Shane) |
Filing 206 LETTER addressed to Judge Andrew L. Carter, Jr. from David A. Picon dated July 13, 2022 re: Response to Putative Notices of Supplemental Authority submitted by Plaintiffs in Response to the Motion to Dismiss Plaintiffs' Third Amended Complaint. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 205 NOTICE of Supplemental Authority in Further Opposition to Defendant's Motion to Dismiss. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Exhibit A).(Heskin, Shane) |
Filing 204 NOTICE of Supplemental Authority In Further Opposition To Defendants' Motion To Dismiss re: #195 Memorandum of Law in Opposition to Motion,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Exhibit Exhibit A - June 6, 2022 Opinion and Order Re: Fleetwood Services, LLC v. Ram Capital Funding, LLC, et al., United States District Court for the Southern District of New York No. 20-cv-5120).(Heskin, Shane) |
Filing 203 REPLY MEMORANDUM OF LAW in Support re: #182 MOTION to Dismiss Third Amended Complaint. . Document filed by MCA Recovery, LLC. (Attachments: #1 Exhibit Plymouth Ventures case).(Mendelberg, Gabriel) |
Filing 202 REPLY MEMORANDUM OF LAW in Support re: #180 MOTION to Dismiss Third Amended Complaint. . Document filed by Arch Capital Funding, LLC. (Attachments: #1 Exhibit OriginClear case).(Mendelberg, Gabriel) |
Filing 201 REPLY MEMORANDUM OF LAW in Support re: #184 MOTION to Dismiss / Renewed Motion to Dismiss Third Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). . Document filed by Yitzhak D. Stern. (Attachments: #1 Reply Declaration of Jason R. Finkelstein, Esq., #2 Ex. A, #3 Ex. B, #4 Ex. C, #5 Ex. D).(Barbiere, Joseph) |
Filing 200 DECLARATION of Matthew J. Morris (REPLY DECLARATION) in Support re: #184 MOTION to Dismiss / Renewed Motion to Dismiss Third Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (6).. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC. (Attachments: #1 Exhibit 1).(Morris, Matthew) |
Filing 199 REPLY MEMORANDUM OF LAW in Support re: #184 MOTION to Dismiss / Renewed Motion to Dismiss Third Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). . Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 198 DECLARATION of Shane Heskin in Opposition re: #184 MOTION to Dismiss / Renewed Motion to Dismiss Third Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (6).. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Exhibit Complaint, #2 Exhibit Dismissal without prejudice).(Heskin, Shane) |
Filing 197 RESPONSE in Opposition to Motion re: #184 MOTION to Dismiss / Renewed Motion to Dismiss Third Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). . Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe..(Heskin, Shane) |
Filing 196 DECLARATION of Shane Heskin in Opposition re: #180 MOTION to Dismiss Third Amended Complaint.. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Exhibit Y-Capp bank statements, #2 Exhibit Consent order).(Heskin, Shane) |
Filing 195 MEMORANDUM OF LAW in Opposition re: #180 MOTION to Dismiss Third Amended Complaint. . Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe..(Heskin, Shane) |
Filing 194 DECLARATION of Shane Heskin in Opposition re: #177 MOTION to Dismiss Third Amended Complaint.. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Exhibit Consent Order).(Heskin, Shane) |
Filing 193 RESPONSE in Opposition to Motion re: #177 MOTION to Dismiss Third Amended Complaint. . Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe..(Heskin, Shane) |
Filing 192 RESPONSE in Opposition to Motion re: #182 MOTION to Dismiss Third Amended Complaint. . Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe..(Heskin, Shane) |
Filing 191 DECLARATION of Gabriel Mendelberg in Support re: #182 MOTION to Dismiss Third Amended Complaint.. Document filed by MCA Recovery, LLC. (Attachments: #1 Exhibit Levy Bank of America, #2 Exhibit Restraining Notice Magellan).(Mendelberg, Gabriel) |
Filing 190 MEMORANDUM OF LAW in Support re: #182 MOTION to Dismiss Third Amended Complaint. . Document filed by MCA Recovery, LLC..(Mendelberg, Gabriel) |
Filing 189 MEMORANDUM OF LAW in Support re: #181 MOTION to Dismiss Memorandum of Law. . Document filed by Arch Capital Funding, LLC. (Attachments: #1 Exhibit K9 Bytes Case).(Mendelberg, Gabriel) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENTS - EVENT TYPE ERROR. Notice to Attorney Gabriel Mendelberg to RE-FILE Documents #181 MOTION to Dismiss Memorandum of Law. and #183 MOTION to Dismiss Memorandum of Law and Declaration.. Use the event types Memorandum of Law in Support and Declaration in Support found under the event list Replies, Opposition and Supporting Documents. (lb) |
Filing 188 MEMO ENDORSEMENT on re: #187 Letter, filed by Donna Zemoria Pierce-Baylor, Jonathan Eugene Coleman, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. ENDORSEMENT: The amended briefing schedule is hereby APPROVED. ( Responses due by 11/23/2021, Replies due by 1/7/2022.) (Signed by Judge Andrew L. Carter, Jr on 10/20/2021) (ate) |
Filing 187 LETTER addressed to Judge Andrew L. Carter, Jr. from Shane R. Heskin dated October 19, 2021 re: All parties have agreed and respectfully request that the Briefing Schedule be modified so that the Opposition Brief will now be due November 23, 2021 and the Reply Brief will now be due January 7, 2022. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe..(Heskin, Shane) |
Filing 186 DECLARATION of Joseph Barbiere, Esq. in Support re: #184 MOTION to Dismiss / Renewed Motion to Dismiss Third Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (6).. Document filed by Yitzhak D. Stern. (Attachments: #1 Exhibit A to Declaration).(Barbiere, Joseph) |
Filing 185 MEMORANDUM OF LAW in Support re: #184 MOTION to Dismiss / Renewed Motion to Dismiss Third Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). . Document filed by Yitzhak D. Stern..(Barbiere, Joseph) |
Filing 184 MOTION to Dismiss / Renewed Motion to Dismiss Third Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). Document filed by Yitzhak D. Stern. Responses due by 11/9/2021.(Barbiere, Joseph) |
Filing 183 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Memorandum of Law and Declaration. Document filed by MCA Recovery, LLC. (Attachments: #1 Affidavit Mendelberg Declaration, #2 Exhibit Exhibit A to Declaration, #3 Exhibit Exhibit B to Declaration).(Mendelberg, Gabriel) Modified on 10/26/2021 (lb). |
Filing 182 MOTION to Dismiss Third Amended Complaint. Document filed by MCA Recovery, LLC..(Mendelberg, Gabriel) |
Filing 181 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Memorandum of Law. Document filed by Arch Capital Funding, LLC. (Attachments: #1 Exhibit Arch published decision).(Mendelberg, Gabriel) Modified on 10/26/2021 (lb). |
Filing 180 MOTION to Dismiss Third Amended Complaint. Document filed by Arch Capital Funding, LLC..(Mendelberg, Gabriel) |
Filing 179 DECLARATION of Jeffrey Reece in Support re: #177 MOTION to Dismiss Third Amended Complaint.. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC. (Attachments: #1 Exhibit 1).(Picon, David) |
Filing 178 MEMORANDUM OF LAW in Support re: #177 MOTION to Dismiss Third Amended Complaint. / MEMORANDUM OF LAW IN SUPPORT OF THE RENEWED MOTION OF YELLOWSTONE CAPITAL, LLC, YELLOWSTONE CAPITAL WEST, LLC AND HIGH SPEED CAPITAL, LLC TO DISMISS THE THIRD AMENDED COMPLAINT. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 177 MOTION to Dismiss Third Amended Complaint. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 176 MEMO ENDORSEMENT on re: #175 Letter filed by Yellowstone Capital, LLC, High Speed Capital, LLC, Yellowstone Capital West, LLC. ENDORSEMENT: The proposed briefing schedule is hereby APPROVED. (Motions due by 10/12/2021., Responses due by 11/9/2021, Replies due by 12/17/2021.) (Signed by Judge Andrew L. Carter, Jr on 9/9/2021) (tg) |
Filing 175 LETTER addressed to Judge Andrew L. Carter, Jr. from David A. Picon dated 9/8/2021 re: Briefing Schedule. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 174 ORDER terminating #146 Motion to Dismiss; terminating #147 Motion to Dismiss; terminating #148 Motion to Dismiss. The Court is in receipt of the parties' letters regarding the Fourth Department's August 26, 2021 order reversing the Supreme Court, Eerie County's decision vacating the judgment by confession Yellowstone had filed against certain Plaintiffs and reinstating the judgment nunc pro tunc. ECF Nos. 171, 173. In order to permit the parties to brief the effect of this decision (and the Rooker-Feldman doctrine), the Court hereby denies the pending motions to dismiss without prejudice. The parties are hereby ORDERED to file renewed motions to dismiss with all issues to be considered by the Court. They are further ORDERED to submit a proposed briefing schedule for the same by no later than September 8, 2021. The Clerk of Court is directed to terminate ECF Nos. 146, 147, and 148. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/1/2021) (rj) |
Filing 173 LETTER addressed to Judge Andrew L. Carter, Jr. from Shane Heskin dated 8/31/2021 re: In Response To Notice of Supplemental Authority Filed By Defendants on August 27, 2021 (Doc No. 171 and 172). Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe..(Heskin, Shane) |
Filing 172 MEMO ENDORSEMENT on re: #171 Letter re: Inform the Court of the enclosed decision in The New Y-CAPP, Inc. v. Yellowstone Capital, LLC, CA 20-00688 (N.Y. App. Div., 4th Dept August 26, 2021), filed by Yellowstone Capital, LLC, High Speed Capital, LLC, Yellowstone Capital West, LLC. ENDORSEMENT: Plaintiffs are hereby ORDERED to respond to Defendants' letter by no later than August 31, 2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/27/2021) (rj) |
Filing 171 LETTER addressed to Judge Andrew L. Carter, Jr. from David A. Picon dated August 27, 2021 re: Inform the Court of the enclosed decision in The New Y-CAPP, Inc. v. Yellowstone Capital, LLC, CA 20-00688 (N.Y. App. Div., 4th Dept August 26, 2021). Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC. (Attachments: #1 Fourth Department Decision, dd. 8/26/21).(Picon, David) |
Filing 170 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Shane Heskin dated June 8, 2021 re: #148 FIRST MOTION to Dismiss Third Amended Complaint., #147 MOTION to Dismiss the third amended complaint. Notice of Supplemental Authority To Plaintiff's Opposition To Pending Motions To Dismiss. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Exhibit Exhibit A - Opinion issued by the Supreme Court of the State of New York, Appellate Division, First Judicial Department, on May 13, 2021, #2 Exhibit Exhibit B - Amended Complaint filed before the Supreme Court of New York, New York County).(Heskin, Shane) |
Filing 169 NOTICE OF APPEARANCE by Jason Robert Finkelstein on behalf of Yitzhak D. Stern..(Finkelstein, Jason) |
Filing 168 DECLARATION of Joseph Barbiere, Esq. in Support re: #152 MOTION to Dismiss .. Document filed by Yitzhak D. Stern. (Attachments: #1 Exhibit A).(Barbiere, Joseph) |
Filing 167 MEMORANDUM OF LAW in Support re: #152 MOTION to Dismiss . . Document filed by Yitzhak D. Stern..(Barbiere, Joseph) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Joseph Barbiere to RE-FILE Document #152 MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) |
Filing 166 REPLY MEMORANDUM OF LAW in Support re: #148 FIRST MOTION to Dismiss Third Amended Complaint. . Document filed by MCA Recovery, LLC..(Mendelberg, Gabriel) |
Filing 165 ORDER granting #161 Letter Motion for Extension of Time to File Response/Reply re #148 FIRST MOTION to Dismiss Third Amended Complaint. So Ordered. Replies due by 1/7/2021. (Signed by Judge Andrew L. Carter, Jr on 1/7/2021) (js) |
Filing 164 REPLY MEMORANDUM OF LAW in Support re: #146 FIRST MOTION to Dismiss Third Amended Complaint. . Document filed by Arch Capital Funding, LLC. (Attachments: #1 Exhibit Copy of K9 Bytes case).(Mendelberg, Gabriel) |
Filing 163 REPLY MEMORANDUM OF LAW in Support re: #147 MOTION to Dismiss the third amended complaint. . Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 162 REPLY MEMORANDUM OF LAW in Support re: #152 MOTION to Dismiss . . Document filed by Yitzhak D. Stern..(Barbiere, Joseph) |
Filing 161 LETTER MOTION for Extension of Time to File Response/Reply to January 7, 2021 addressed to Judge Andrew L. Carter, Jr. from Gabriel Mendelberg, Esq. dated January 6, 2021. Document filed by MCA Recovery, LLC..(Mendelberg, Gabriel) |
Filing 160 MEMORANDUM OF LAW in Opposition re: #152 MOTION to Dismiss . . Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Affidavit Declaration of Shane Heskin).(Heskin, Shane) |
Filing 159 ORDER granting #158 Letter Motion for Extension of Time to File Response/Reply re #158 FIRST LETTER MOTION for Extension of Time to File Response/Reply on Motions to Dismiss TAC addressed to Judge Andrew L. Carter, Jr. from Gabriel Mendelberg, Esq. dated December 17, 2020. So Ordered. Responses due by 12/22/2020 Replies due by 1/6/2021.. (Signed by Judge Andrew L. Carter, Jr on 12/18/2020) (js) |
Filing 158 FIRST LETTER MOTION for Extension of Time to File Response/Reply on Motions to Dismiss TAC addressed to Judge Andrew L. Carter, Jr. from Gabriel Mendelberg, Esq. dated December 17, 2020. Document filed by MCA Recovery, LLC..(Mendelberg, Gabriel) |
Filing 157 NOTICE of Supplemental Authority re: #154 Response in Opposition to Motion, #156 Response in Opposition to Motion, #155 Response in Opposition to Motion,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe..(Heskin, Shane) |
Filing 156 RESPONSE in Opposition to Motion re: #146 FIRST MOTION to Dismiss Third Amended Complaint. . Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Affidavit Declaration of Shane Heskin).(Heskin, Shane) |
Filing 155 RESPONSE in Opposition to Motion re: #148 FIRST MOTION to Dismiss Third Amended Complaint. . Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe..(Heskin, Shane) |
Filing 154 RESPONSE in Opposition to Motion re: #147 MOTION to Dismiss the third amended complaint. . Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Affidavit Declaration of Shane Heskin).(Heskin, Shane) |
Filing 153 CONSENT ORDER GRANTING SUBSTITUTION OF COUNSEL: Notice is hereby given that, subject to approval by the Court, Yitzhak D. Stern substitutes Joseph Barbiere, Esq., State Bar No. 4072062, and Jason R. Finkelstein, Esq., State Bar No.4802856, as counsel of record in the above-captioned litigation in the place of Herrick, Finestein LLP (Avery S. Mehlman, Esq.). The substitution of attorney is hereby approved and so ORDERED., Attorney Avery S Mehlman terminated. (Signed by Judge Andrew L. Carter, Jr on 12/07/2020) (ama) |
Filing 152 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Yitzhak D. Stern. (Attachments: #1 Memorandum of Law, #2 Declaration of Joseph Barbiere, Esq., #3 Exhibit A).(Barbiere, Joseph) Modified on 1/14/2021 (ldi). |
Filing 151 PROPOSED CONSENT ORDER. Document filed by Yitzhak D. Stern..(Barbiere, Joseph) |
Filing 150 DECLARATION of Robin Spence in Support re: #147 MOTION to Dismiss the third amended complaint.. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC. (Attachments: #1 Exhibit 1: Addendum dated 7/20/2018).(Picon, David) |
Filing 149 MEMORANDUM OF LAW in Support re: #147 MOTION to Dismiss the third amended complaint. . Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 148 FIRST MOTION to Dismiss Third Amended Complaint. Document filed by MCA Recovery, LLC. (Attachments: #1 Notice of Motion, #2 Declaration with Exhibits).(Mendelberg, Gabriel) |
Filing 147 MOTION to Dismiss the third amended complaint. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 146 FIRST MOTION to Dismiss Third Amended Complaint. Document filed by Arch Capital Funding, LLC. (Attachments: #1 Exhibit).(Mendelberg, Gabriel) |
Filing 145 ORDER granting #144 Letter Motion for Extension of Time to File. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 11/13/2020) (js) |
Set/Reset Deadlines: Motions due by 12/1/2020. Responses due by 12/22/2020 Replies due by 1/6/2021. (js) |
Filing 144 CONSENT LETTER MOTION for Extension of Time to File Motion to Dismiss Third Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Avery S. Mehlman dated 11/12/20. Document filed by Yitzhak D. Stern. (Attachments: #1 Text of Proposed Order).(Mehlman, Avery) |
Filing 143 ORDER: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff's voluntary dismissal of the above-captioned action, with prejudice and without costs, as to Defendant Tsvi H. Davis, ECF No. 142, is GRANTED. SO ORDERED. Tsvi H. Davis terminated. (Signed by Judge Andrew L. Carter, Jr on 11/9/2020) (kv) |
Filing 142 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Tsvi H. Davis. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Heskin, Shane) |
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #142 Notice of Voluntary Dismissal was reviewed and referred to Judge Andrew L. Carter, Jr. for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
Filing 141 SCHEDULING ORDER: IT IS HEREBY ORDERED THAT: The deadline for Yellowstone, Arch and MCA, and Stern to answer or move to dismiss the Third Amended Complaint is adjourned to November 16, 2020; Plaintiffs shall file any opposition to such motions by December 7, 2020; Yellowstone, Arch and MCA, and Stern shall file any reply briefs on such motions by December 21, 2020. So Ordered. Motions due by 11/16/2020. Responses due by 12/7/2020 Replies due by 12/21/2020. (Signed by Judge Andrew L. Carter, Jr on 10/27/2020) (js) |
Set/Reset Deadlines: Arch Capital Funding, LLC answer due 11/16/2020; High Speed Capital, LLC answer due 11/16/2020; MCA Recovery, LLC answer due 11/16/2020; Yellowstone Capital West, LLC answer due 11/16/2020; Yellowstone Capital, LLC answer due 11/16/2020. (js) |
Filing 140 LETTER addressed to Judge Andrew L. Carter, Jr. from Avery S. Mehlman dated 10/26/20 re: proposed schedule in Yellowstone Defendants' letter #139 . Document filed by Yitzhak D. Stern. (Attachments: #1 Text of Proposed Order).(Mehlman, Avery) |
Filing 139 LETTER addressed to Judge Andrew L. Carter, Jr. from David A. Picon dated 10/26/20 re: Request Approval of Motion Schedule. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC. (Attachments: #1 Exhibit Proposed Scheduling Order).(Picon, David) |
Filing 138 THIRD AMENDED COMPLAINT amending #82 Amended Complaint,,,, against Arch Capital Funding, LLC, Tsvi H. Davis, High Speed Capital, LLC, John and Jane Doe Investors, MCA Recovery, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital West, LLC, Yellowstone Capital, LLC with JURY DEMAND.Document filed by Radiant Images, Inc., Gianna Wolfe, Donna Zemoria Pierce-Baylor, Jonathan Eugene Coleman, The New Y-Capp, Inc.. Related document: #82 Amended Complaint,,,,. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12, #13 Exhibit Ex. 13, #14 Exhibit Ex. 14, #15 Exhibit Ex. 15, #16 Exhibit Ex. 16, #17 Exhibit Ex. 17, #18 Exhibit Ex. 18, #19 Exhibit Ex. 19, #20 Exhibit Ex. 20, #21 Exhibit Ex. 21, #22 Exhibit Ex. 22, #23 Exhibit Ex. 23, #24 Exhibit Ex. 24, #25 Exhibit Ex. 25, #26 Exhibit Ex. 26, #27 Exhibit Ex. 27, #28 Exhibit Ex. 28, #29 Exhibit Ex. 29, #30 Exhibit Ex. 30, #31 Exhibit Ex. 31).(Heskin, Shane) |
Filing 137 OPINION & ORDER re: #118 MOTION to Dismiss . filed by Tsvi H. Davis, #115 MOTION to Dismiss . filed by Yellowstone Capital, LLC, High Speed Capital, LLC, Yellowstone Capital West, LLC, #90 MOTION to Dismiss for Lack of Jurisdiction . filed by MCA Recovery, LLC, Arch Capital Funding, LLC, #125 MOTION to Dismiss Second Amended Complaint. filed by Yitzhak D. Stern. For the reasons set forth above, Defendants' motions to dismiss are hereby DENIED without prejudice to refile once Plaintiffs file an amended complaint. Plaintiffs are ORDERED to file an amended complaint within thirty days of the filing of this Order. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/16/2020) (rj) |
Filing 136 NOTICE of Supplemental Authority To Plaintiff's Oppositions To The Various Pending Motions To Dismiss The Complaint re: #116 Memorandum of Law in Support of Motion, #118 MOTION to Dismiss ., #134 Reply Memorandum of Law in Support of Motion, #115 MOTION to Dismiss ., #120 Declaration in Support of Motion, #117 Declaration in Support of Motion, #125 MOTION to Dismiss Second Amended Complaint., #119 Memorandum of Law in Support of Motion, #90 MOTION to Dismiss for Lack of Jurisdiction ., #133 Reply Memorandum of Law in Support of Motion, #131 Reply Memorandum of Law in Support of Motion, #53 MOTION to Dismiss ., #55 MOTION to Dismiss ., #135 Reply to Response to Motion. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe..(Heskin, Shane) |
Filing 135 REPLY to Response to Motion re: #90 MOTION to Dismiss for Lack of Jurisdiction . Arch and MCA incorporation arguments of remaining defendants. Document filed by MCA Recovery, LLC..(Mendelberg, Gabriel) |
Filing 134 REPLY MEMORANDUM OF LAW in Support re: #125 MOTION to Dismiss Second Amended Complaint. . Document filed by Yitzhak D. Stern..(Mehlman, Avery) |
Filing 133 REPLY MEMORANDUM OF LAW in Support re: #118 MOTION to Dismiss . . Document filed by Tsvi H. Davis..(Wolff, Erica) |
Filing 132 ORDER granting #130 Letter Motion for Extension of Time to File Response/Reply re #130 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #125 MOTION to Dismiss Second Amended Complaint. addressed to Judge Andrew L. Carter, Jr. SO ORDERED. Replies due by 6/30/2020. (Signed by Judge Andrew L. Carter, Jr on 6/16/2020) (ama) |
Filing 131 REPLY MEMORANDUM OF LAW in Support re: #115 MOTION to Dismiss . . Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 130 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #125 MOTION to Dismiss Second Amended Complaint. addressed to Judge Andrew L. Carter, Jr.. Document filed by Yitzhak D. Stern..(Mehlman, Avery) |
Filing 129 NOTICE of Supplemental Authority re: #128 Memorandum of Law in Opposition to Motion,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe..(Heskin, Shane) |
Filing 128 MEMORANDUM OF LAW in Opposition re: #125 MOTION to Dismiss Second Amended Complaint. . Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Exhibit Declaration w/ Exhibit, #2 Text of Proposed Order Proposed order).(Heskin, Shane) |
Filing 127 MEMORANDUM OF LAW in Support re: #125 MOTION to Dismiss Second Amended Complaint. . Document filed by Yitzhak D. Stern..(Mehlman, Avery) |
Filing 126 DECLARATION of Avery Mehlman in Support re: #125 MOTION to Dismiss Second Amended Complaint.. Document filed by Yitzhak D. Stern. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Mehlman, Avery) |
Filing 125 MOTION to Dismiss Second Amended Complaint. Document filed by Yitzhak D. Stern..(Mehlman, Avery) |
Filing 124 ORDER granting #121 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/22/2020) (rj) |
Set/Reset Deadlines: Yitzhak D. Stern answer due 5/26/2020. (rj) |
Filing 123 NOTICE of Supplemental Authority re: #122 Response in Opposition to Motion,,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe..(Heskin, Shane) |
Filing 122 RESPONSE in Opposition to Motion re: #118 MOTION to Dismiss ., #115 MOTION to Dismiss . . Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Affidavit Heskin Decl and Exhibits Part 1, #2 Exhibit Heskin Decl and Exhibits Part 2, #3 Exhibit Heskin Decl and Exhibits Part 3, #4 Exhibit Heskin Decl and Exhibits Part 4, #5 Text of Proposed Order Proposed order).(Heskin, Shane) |
Filing 121 LETTER MOTION for Extension of Time to File answer or otherwise respond to Second Amended Complaint addressed to Judge Andrew L. Carter, Jr.. Document filed by Yitzhak D. Stern..(Mehlman, Avery) |
Filing 120 DECLARATION of Erica A. Wolff in Support re: #118 MOTION to Dismiss .. Document filed by Tsvi H. Davis. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Wolff, Erica) |
Filing 119 MEMORANDUM OF LAW in Support re: #118 MOTION to Dismiss . . Document filed by Tsvi H. Davis..(Wolff, Erica) |
Filing 118 MOTION to Dismiss . Document filed by Tsvi H. Davis..(Wolff, Erica) |
Filing 117 DECLARATION of Matthew J. Morris in Support re: #115 MOTION to Dismiss .. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Morris, Matthew) |
Filing 116 MEMORANDUM OF LAW in Support re: #115 MOTION to Dismiss . . Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 115 MOTION to Dismiss . Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 114 SCHEDULING ORDER granting #111 Letter Motion for Extension of Time. IT IS HEREBY ORDERED THAT: The deadline for Yellowstone to answer or move to dismiss the Second Amended Complaint is adjourned to April 24, 2020; Plaintiffs shall file any opposition to such a motion by May 25, 2020; Yellowstone shall file any reply brief on such a motion by June 16, 2020. (Signed by Judge Andrew L. Carter, Jr on 4/2/2020) (rj) |
Set/Reset Deadlines: High Speed Capital, LLC answer due 4/24/2020; Yellowstone Capital West, LLC answer due 4/24/2020; Yellowstone Capital, LLC answer due 4/24/2020. Responses due by 5/25/2020 Replies due by 6/16/2020. (rj) |
Filing 113 MEMO ENDORSEMENT on re: #110 Letter re: consolidation of motions to dismiss filed by Arch Capital Funding, LLC. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/1/2020) (rj) |
Filing 112 SCHEDULING ORDER granting #109 Letter Motion for Extension of Time. IT IS HEREBY ORDERED that: The deadline for Defendant Tsvi Davis to file a Motion to Dismiss the Second Amended Complaint is hereby extended to April 24, 2020; Plaintiffs shall file any opposition to such motion to dismiss by May 25, 2020;and Defendant Tsvi Davis shall file any reply in further support of the motion to dismiss by June 16, 2020. Motions due by 4/24/2020. (Signed by Judge Andrew L. Carter, Jr on 4/1/2020) (rj) Modified on 4/1/2020 (rj). |
Filing 111 LETTER MOTION for Extension of Time to Answer or Move to dismiss the Second Amended Complaint addressed to Judge Andrew L. Carter, Jr. from David A. Picon dated 04/1/20. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC. (Attachments: #1 Text of Proposed Order).(Picon, David) |
Set/Reset Deadlines: Responses due by 5/25/2020 Replies due by 6/16/2020. (rj) |
Filing 110 LETTER addressed to Judge Andrew L. Carter, Jr. from Gabriel Mendelberg, Esq. dated 3-20-20 re: consolidation of motions to dismiss. Document filed by Arch Capital Funding, LLC..(Mendelberg, Gabriel) |
Filing 109 LETTER MOTION for Extension of Time re Motion to Dismiss Second Am. Compl. addressed to Judge Andrew L. Carter, Jr. from Erica A. Wolff dated March 30, 2020. Document filed by Tsvi H. Davis. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order).(Wolff, Erica) |
Filing 108 NOTICE of Supplemental Authority re: #93 Memorandum of Law in Opposition to Motion,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe..(Heskin, Shane) |
Filing 107 MEMO ENDORSEMENT on re: #106 Letter re: Request an adjournment of the deadline for Yellowstone to answer or move to dismiss the Second Amended Complaint, filed by Yellowstone Capital, LLC, High Speed Capital, LLC, Yellowstone Capital West, LLC. ENDORSEMENT: SO ORDERED., Motions due by 4/3/2020., Responses due by 5/4/2020, Replies due by 5/26/2020. (Signed by Judge Andrew L. Carter, Jr on 2/13/2020) (rj) |
Filing 106 LETTER addressed to Judge Andrew L. Carter, Jr. from David A. Picon dated February 12, 2020 re: Request an adjournment of the deadline for Yellowstone to answer or move to dismiss the Second Amended Complaint. Document filed by High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 105 NOTICE OF APPEARANCE by Matthew Jerome Morris on behalf of High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Morris, Matthew) |
Filing 104 NOTICE OF APPEARANCE by David A. Picon on behalf of High Speed Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC..(Picon, David) |
Filing 103 ORDER re: #102 Letter filed by The New Y-Capp, Inc: The Court is in receipt of Plaintiffs' letter requesting oral argument for the motion to dismiss for lack of jurisdiction filed by Defendants. ECF No. 102. Plaintiffs' request is hereby DENIED. To the extent the Court needs to hear oral arguments in this case, it will do so once all the pending motions to dismiss have been fully briefed. (Signed by Judge Andrew L. Carter, Jr on 2/11/2020) (jwh) |
Filing 102 LETTER addressed to Judge Andrew L. Carter, Jr. from Shane R. Heskin dated February 5, 2020 re: Request for Oral Argument. Document filed by The New Y-Capp, Inc...(Heskin, Shane) |
Filing 101 RESPONSE in Support of Motion re: #90 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Arch Capital Funding, LLC..(Mendelberg, Gabriel) |
Filing 100 SCHEDULING ORDER. IT IS HEREBY ORDERED that: The deadline for Defendant Tsvi Davis to file a Motion to Dismiss the Second Amended Complaint is hereby extended to April 3, 2020; Plaintiffs shall file any opposition to such motion to dismiss by May 4, 2020; Whereupon, Defendant Tsvi Davis shall file any reply to such opposition by May 26, 2020; and Oral argument, if any, to be scheduled thereafter at the Court's convenience. So ordered. Granting #99 LETTER MOTION for Extension of Time re Motion to Dismiss Second Am. Compl. addressed to Judge Andrew L. Carter, Jr. from Erica A. Wolff dated February 3, 2020. Document filed by Tsvi H. Davis. (Motions due by 4/3/2020). (Signed by Judge Andrew L. Carter, Jr on 2/4/2020) (rjm) |
Set/Reset Deadlines: (Responses due by 5/4/2020. Replies due by 5/26/2020). (rjm) |
Filing 99 LETTER MOTION for Extension of Time re Motion to Dismiss Second Am. Compl. addressed to Judge Andrew L. Carter, Jr. from Erica A. Wolff dated February 3, 2020. Document filed by Tsvi H. Davis. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order).(Wolff, Erica) |
Filing 98 NOTICE OF APPEARANCE by Theresa Marie Trzaskoma on behalf of Tsvi H. Davis..(Trzaskoma, Theresa) |
Filing 97 NOTICE OF APPEARANCE by Erica Ashley Wolff on behalf of Tsvi H. Davis..(Wolff, Erica) |
Filing 96 FIRST REPLY MEMORANDUM OF LAW in Support re: #90 MOTION to Dismiss for Lack of Jurisdiction . and failure to state a claim. Document filed by Arch Capital Funding, LLC. (Mendelberg, Gabriel) |
Filing 95 ORDER granting #87 Motion to Withdraw as Attorney. Attorney Christopher Ryan Murray terminated; granting #89 Letter Motion for Extension of Time. The Court is in receipt of the motion to withdraw and motion for an extension of time, ECF No. 87-89, and Plaintiffs' response to these motions, ECF No. 94. The motion to withdraw as counsel is hereby GRANTED. The motion for an extension of time is hereby GRANTED, and Defendants Yellowstone Capital, LLC ("Yellowstone"), High Speed Capital, LLC ("HSC"), Yitzhak D. Stem ("Stern"), Tsvi H. Davis ("Davis"), and Yellowstone Capital West, LLC ("YCW") are provided until February 17, 2020 to move to dismiss the Second Amended Complaint. Motions due by 2/17/2020. (Signed by Judge Andrew L. Carter, Jr on 1/16/2020) (rj) |
Filing 94 RESPONSE to Motion re: #87 MOTION for Christopher R. Murray and Stein Adler Dabah & Zelkowitz, LLP to Withdraw as Attorney . . Document filed by The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 93 MEMORANDUM OF LAW in Opposition re: #90 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Heskin Declarations, #3 Exhibit Exhibits to Heskin Declarations, Part 1, #4 Exhibit Exhibits to Heskin Declaration, Part 2)(Heskin, Shane) |
Filing 92 ORDER: The Court is in receipt of the motion to withdraw as attorneys and motion for an extension of time from Christopher R. Murray and Stein Adler Dabah & Zelkowitz, LLP. ECF Nos. 87-89. Plaintiffs are hereby ORDERED to respond to these motions on or before January 13, 2020. SO ORDERED., ( Responses due by 1/13/2020) (Signed by Judge Andrew L. Carter, Jr on 1/08/2020) (ama) |
Filing 91 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Gabriel Mendelberg, Esq. dated 12-24-19 re: courtesy copy of motion to dismiss SAC. Document filed by MCA Recovery, LLC.(Mendelberg, Gabriel) |
Filing 90 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Arch Capital Funding, LLC, MCA Recovery, LLC. (Attachments: #1 Affidavit, #2 Exhibit Merchant Agreement, #3 Exhibit Merchant Agreement, #4 Exhibit Merchant Agreement, #5 Exhibit Judgment, #6 Exhibit Levy and Restraining Order, #7 Exhibit Summons and Complaint, #8 Exhibit Amendment of Interim Order, #9 Affidavit)(Mendelberg, Gabriel) |
Filing 89 LETTER MOTION for Extension of Time addressed to Judge Andrew L. Carter, Jr. from Christopher R. Murray, Esq. dated December 16, 2019. Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Yellowstone Capital West, LLC, Yellowstone Capital, LLC.(Murray, Christopher) |
Filing 88 DECLARATION of Adam J. Stein in Support re: #87 MOTION for Christopher R. Murray and Stein Adler Dabah & Zelkowitz, LLP to Withdraw as Attorney .. Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Yellowstone Capital West, LLC, Yellowstone Capital, LLC. (Attachments: #1 Affidavit Affidavit of Service)(Murray, Christopher) |
Filing 87 MOTION for Christopher R. Murray and Stein Adler Dabah & Zelkowitz, LLP to Withdraw as Attorney . Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Yellowstone Capital West, LLC, Yellowstone Capital, LLC.(Murray, Christopher) |
Filing 86 ORDER denying as moot #81 Letter Motion for Extension of Time; granting #85 Letter Motion for Extension of Time. The Court is in receipt of Plaintiffs' renewed motion to extend their deadline to file a second amended complaint and for leave to add new plaintiffs. ECF No. 81. Two days after filing this request, Plaintiff's filed their Second Amended Complaint. ECF No. 82. As such, Plaintiffs request is moot. To the extent Plaintiffs still seek leave to file a third amended complaint to include additional plaintiffs, such leave is hereby DENIED. The Court is also in receipt of Defendants' request to extend their deadline to file a motion to dismiss the Second Amended Complaint. This request is hereby GRANTED. The Parties are hereby ORDERED to proceed in accordance with the following briefing schedule: Defendants' Motion to Dismiss: December 20, 2019, Plaintiffs' Opposition January 10, 2020, Defendants' Reply January 31, 2020. Motions due by 12/20/2019. (Signed by Judge Andrew L. Carter, Jr on 11/26/2019) (rj) |
Set/Reset Deadlines: Responses due by 1/10/2020 Replies due by 1/31/2020. (rj) |
Filing 85 LETTER MOTION for Extension of Time addressed to Judge Andrew L. Carter, Jr. from Christopher R. Murray, Esq. dated November 24, 2019. Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital West, LLC, Yellowstone Capital, LLC.(Murray, Christopher) |
Filing 84 MEMORANDUM OF LAW in Opposition re: #81 MOTION for Extension of Time Renewed Motion To Extend Deadlines and For Leave To Add New Plaintiffs. . Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital West, LLC, Yellowstone Capital, LLC. (Murray, Christopher) |
Filing 83 EXHIBIT TO PLEADING re: #82 Amended Complaint,,,,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe.(Heskin, Shane) |
Filing 82 SECOND AMENDED COMPLAINT amending #36 Amended Complaint,,, against Arch Capital Funding, LLC, Tsvi H. Davis, High Speed Capital, LLC, John and Jane Doe Investors, MCA Recovery, LLC, Yitzhak D. Stern, Yellowstone Capital West, LLC, Yellowstone Capital, LLC with JURY DEMAND.Document filed by Radiant Images, Inc., Gianna Wolfe, Donna Zemoria Pierce-Baylor, Jonathan Eugene Coleman, The New Y-Capp, Inc.. Related document: #36 Amended Complaint,,,. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20)(Heskin, Shane) Modified on 11/4/2019 (pc). Modified on 11/5/2019 (pne). |
Filing 81 MOTION for Extension of Time Renewed Motion To Extend Deadlines and For Leave To Add New Plaintiffs. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Heskin, Shane) |
Filing 80 ORDER granting #78 Letter Motion for Extension of Time. The Court is in receipt of parties' letters in response to Plaintiffs' motion to extend the ordered deadlines. ECF Nos. 78, 79. The deadlines set forth in this Court's Opinion and Order dated September 27, 2019, ECF No. 77, are hereby extended by 7 days. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/25/2019) (rj) |
Filing 79 LETTER addressed to Judge Andrew L. Carter, Jr. from Christopher R. Murray dated October 25, 2019 re: Letter Objection to Request For Enlargement. Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital West, LLC, Yellowstone Capital, LLC.(Murray, Christopher) |
Filing 78 MOTION for Extension of Time to extend the deadlines set forth in the Court's Opinion and Order dated September 27, 2019 entered as Docket No. 77. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Heskin, Shane) |
Filing 77 OPINION & ORDER re: #47 MOTION to Dismiss . filed by Yitzhak D. Stern, Tsvi H. Davis, Avraham Y. Weinstein, Yellowstone Capital, LLC, High Speed Capital, LLC, #53 MOTION to Dismiss . filed by MCA Recovery, LLC, Arch Capital Funding, LLC, #55 MOTION to Dismiss . filed by Yellowstone Capital West, LLC., Defendants' Motions are considered fully briefed, and the Court addresses them in this consolidated Opinion and Order. After careful consideration, Defendants' Motions to Dismiss are DENIED, without prejudice, and Plaintiffs are hereby GRANTED leave to amend their Complaint once again. Before the Court can decide on the ultimate question of whether these agreements are usurious loans or legal asset purchase agreements, the jurisdictional questions must be answered. As such, Defendants' Motions to Dismiss are hereby DENIED, without prejudice. Plaintiff is hereby GRANTED leave to amend the FAC once more in an effort to clarify the nature of the agreements, the precise injuries suffered and remedies sought, and the scope and similarity of the agreements entered into. Plaintiffs are further directed to amend the caption to reflect the names of the appropriate Parties. Moreover, Plaintiffs are directed to only include allegations within the appropriate and respective statutes of limitations. Should Plaintiffs seek to add additional Parties, they must request leave to do so, in writing. Following Plaintiffs' amendment, Defendants are granted leave to file their Motions to Dismiss. The Parties are hereby ORDERED to proceed in accordance with the following briefing schedule: Plaintiffs' Second Amended Complaint October 25, 2019, Defendants' Motions to Dismiss November 22, 2019, Plaintiffs' Opposition December 13, 2019 Defendants' Reply January 3, 2020. Amended Pleadings due by 10/25/2019., Motions due by 11/22/2019., Responses due by 12/13/2019, Replies due by 1/3/2020. (Signed by Judge Andrew L. Carter, Jr on 9/27/2019) (rj) |
Filing 76 ORDER FOR WITHDRAWAL OF JAMES DOMINICK LARRY AS COUNSEL granting #75 Motion to Withdraw as Attorney. The Motion of James Dominick Larry to withdraw as counsel for Plaintiffs, The New Y-Capp Inc., Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor and Gianna Wolfe is granted. The Clerk of the Court and all Counsel of record shall remove James Dominick Larry from their Service List, effective immediately. Attorney J. Dominick Larry terminated. (Signed by Judge Andrew L. Carter, Jr on 6/28/2019) (rj) |
Filing 75 MOTION for James Dominick Larry to Withdraw as Attorney . Document filed by The New Y-Capp, Inc.. (Attachments: #1 Text of Proposed Order)(Larry, J.) |
Filing 74 LETTER addressed to Judge Andrew L. Carter, Jr. from Christopher R. Murray, Esq. dated April 12, 2019 re: Refiled per clerk instruction: Defendants Objection to Plaintiffs Sur-Reply Brief. Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern.(Murray, Christopher) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Christopher Ryan Murray to RE-FILE Document #73 MOTION to Strike Document No. [72 and 72-1] and Letter Objection to Plaintiffs' Sur-Reply Brief. Use the event type Letter found under the event list Other Documents. (db) |
Filing 73 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Strike Document No. [72 and 72-1] and Letter Objection to Plaintiffs' Sur-Reply Brief. Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Yellowstone Capital West, LLC, Yellowstone Capital, LLC. (Attachments: #1 Exhibit Order Striking Improper Sur-reply)(Murray, Christopher) Modified on 6/11/2019 (db). |
Filing 72 NOTICE of of Supplemental Authority re: #64 Response in Opposition to Motion,,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Exhibit A - Decision in in Fleetwood Services LLC, et. al. v. Complete Business Solutions Group, Inc. d/b/a Par Funding, 18-cv-268 (JRS) (E.D. Pa. April 10, 2019))(Heskin, Shane) |
Filing 71 REPLY MEMORANDUM OF LAW in Support re: #55 MOTION to Dismiss . . Document filed by Yellowstone Capital West, LLC. (Murray, Christopher) |
Filing 70 REPLY MEMORANDUM OF LAW in Support re: #47 MOTION to Dismiss . . Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital, LLC. (Attachments: #1 Affidavit Affirmation in Support, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11)(Murray, Christopher) |
Filing 69 REPLY MEMORANDUM OF LAW in Support re: #53 MOTION to Dismiss . . Document filed by Arch Capital Funding, LLC, MCA Recovery, LLC. (Mendelberg, Gabriel) |
Filing 68 ORDER granting #67 Letter Motion for Leave to File Excess Pages, SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 10/26/2018) (rj) |
Filing 67 LETTER MOTION for Leave to File Excess Pages in Joint Reply Brief addressed to Judge Andrew L. Carter, Jr. from Christopher R. Murray, Esq. dated October 25, 2018. Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital West, LLC, Yellowstone Capital, LLC.(Murray, Christopher) |
Filing 66 MEMO ENDORSEMENT on re: #65 Letter regarding request to file one consolidated reply brief filed by MCA Recovery, LLC, Arch Capital Funding, LLC., ENDORSEMENT: SO ORDERED. Replies due by 10/26/2018. (Signed by Judge Andrew L. Carter, Jr on 10/24/2018) (rj) |
Filing 65 LETTER addressed to Judge Andrew L. Carter, Jr. from Gabriel Mendelberg dated 10/24/2018 re: request to file one consolidated reply brief. Document filed by Arch Capital Funding, LLC, MCA Recovery, LLC.(Mendelberg, Gabriel) |
Filing 64 RESPONSE in Opposition to Motion re: #47 MOTION to Dismiss ., #53 MOTION to Dismiss ., #55 MOTION to Dismiss . . Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Affidavit Counsel Declaration, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13)(Heskin, Shane) |
Filing 63 MEMO ENDORSEMENT on re: #61 Letter, filed by Donna Zemoria Pierce-Baylor, Jonathan Eugene Coleman, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/19/2018) (rro) |
Filing 62 ORDER FOR ADMISSION PRO HAC VICE OF J. DOMINICK LARRY granting #60 Motion for J. DOMINICK LARRY to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 10/18/2018) (rj) |
Filing 61 LETTER addressed to Judge Andrew L. Carter, Jr. from Shane R. Heskin, Esq. dated October 18, 2018 re: request to file consolidated opposition brief. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe.(Heskin, Shane) |
Filing 60 MOTION for J. DOMINICK LARRY to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15763340. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Attachments: #1 Affidavit of J. Dominick Larry, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Larry, James) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #60 MOTION for J. DOMINICK LARRY to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15763340. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
Filing 59 LETTER addressed to Judge Andrew L. Carter, Jr. from Gabriel Mendelberg dated 10/11/18 re: Supplemental letter on Arch and MCA motion to dismiss. Document filed by Arch Capital Funding, LLC, MCA Recovery, LLC.(Mendelberg, Gabriel) |
Filing 58 AFFIDAVIT of Christopher R. Murray in Support re: #55 MOTION to Dismiss .. Document filed by Yellowstone Capital West, LLC. (Murray, Christopher) |
Filing 57 MEMORANDUM OF LAW in Support re: #55 MOTION to Dismiss . . Document filed by Yellowstone Capital West, LLC. (Murray, Christopher) |
Filing 56 DECLARATION of Christopher R. Murray in Support re: #55 MOTION to Dismiss .. Document filed by Yellowstone Capital West, LLC. (Attachments: #1 Exhibit 1 - Complaint, #2 Errata 2 - Amended Complaint, #3 Errata 3 - CFLL License Proof)(Murray, Christopher) |
Filing 55 MOTION to Dismiss . Document filed by Yellowstone Capital West, LLC.(Murray, Christopher) |
Filing 54 MEMORANDUM OF LAW in Support re: #53 MOTION to Dismiss . . Document filed by Arch Capital Funding, LLC, MCA Recovery, LLC. (Mendelberg, Gabriel) |
Filing 53 MOTION to Dismiss . Document filed by Arch Capital Funding, LLC, MCA Recovery, LLC.(Mendelberg, Gabriel) |
Filing 52 MEMORANDUM OF LAW in Support re: #24 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Christopher R. Murray, Esq. dated July 13, 2018., #47 MOTION to Dismiss ., #33 FIRST LETTER MOTION for Leave to File motion to dismiss on behalf of MCA and Arch addressed to Judge Andrew L. Carter, Jr. from Gabriel Mendelberg, attorney for MCA Recovery dated July 23, 2018., #44 FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Andrew L. Carter, Jr. from Christopher R. Murray, Esq. dated October 3, 2018., #41 LETTER MOTION for Leave to File Motion to Dismiss or, alternatively, drop misjoined parties pursuant to Fed R. Civ. P. 21 addressed to Judge Andrew L. Carter, Jr. from Christopher R. Murray, Esq. dated September 20, 2018., #39 LETTER MOTION for Extension of Time to File addressed to Judge Andrew L. Carter, Jr. from Gabriel Mendelberg dated 8/21/2018. . Document filed by Arch Capital Funding, LLC, MCA Recovery, LLC. (Attachments: #1 Exhibit MCA contract, #2 Exhibit MCA contract, #3 Exhibit Notice of Entry, #4 Exhibit Affidavit, #5 Exhibit Complaint)(Mendelberg, Gabriel) |
Filing 51 MEMORANDUM OF LAW in Support re: #47 MOTION to Dismiss . . Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital, LLC. (Murray, Christopher) |
Filing 50 AFFIRMATION of Christopher R. Murray in Support re: #47 MOTION to Dismiss .. Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital, LLC. (Attachments: #1 Exhibit 1 - Judgment, #2 Exhibit 2 - Complaint, #3 Exhibit 3 - Nearly Identical State Court Complaint, #4 Exhibit 4 - Declarations of Weinstein and Davis, #5 Exhibit 5 - Amended Complaint sans exhibits, #6 Exhibit 6 - Decision from July rejecting plaintiffs' legal argument regarding 3218, #7 Exhibit 7 - Weinstein's Affidavit, #8 Exhibit 8 - Weinstein's Followup Affidavit)(Murray, Christopher) |
Filing 49 MEMO ENDORSEMENT on re: #45 Letter, filed by Arch Capital Funding, LLC. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/5/2018) (jca) |
Filing 48 ORDER granting #44 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/5/2018) (jca) |
Filing 47 MOTION to Dismiss . Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital, LLC.(Murray, Christopher) |
Filing 46 LETTER addressed to Judge Andrew L. Carter, Jr. from Shane R. Heskin, Esq. dated October 5, 2018 re: response to Defendants October 3, 2018 letter. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe.(Heskin, Shane) |
Filing 45 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Gabriel Mendelberg, attorney for Arch and MCA Recovery dated October 3, 2018 re: leave to file joint brief with addiitonal pages. Document filed by Arch Capital Funding, LLC.(Mendelberg, Gabriel) |
Filing 44 FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Andrew L. Carter, Jr. from Christopher R. Murray, Esq. dated October 3, 2018. Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital West, LLC, Yellowstone Capital, LLC.(Murray, Christopher) |
Filing 43 ORDER granting #41 Letter Motion for Leave to File Document. DEFENDANT IS GRANTED LEAVE TO FILE ITS MOTION TO DISMISS PURSUANT TO THE PREEXISTING BRIEFING SCHEDULE. (Signed by Judge Andrew L. Carter, Jr on 9/26/2018) (mro) |
Filing 42 LETTER addressed to Judge Andrew L. Carter, Jr. from Shane R. Heskin, Esq. dated September 24, 2018 re: Response to Defendant Yellowstone Capital West, LLC's pre-motion letter. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe.(Heskin, Shane) |
Filing 41 LETTER MOTION for Leave to File Motion to Dismiss or, alternatively, drop misjoined parties pursuant to Fed R. Civ. P. 21 addressed to Judge Andrew L. Carter, Jr. from Christopher R. Murray, Esq. dated September 20, 2018. Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital West, LLC, Yellowstone Capital, LLC.(Murray, Christopher) |
Filing 40 ORDER granting #39 Letter Motion for Extension of Time to File. THE PARTIES' REQUEST IS GRANTED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/22/2018) (rj) |
Filing 39 LETTER MOTION for Extension of Time to File addressed to Judge Andrew L. Carter, Jr. from Gabriel Mendelberg dated 8/21/2018. Document filed by MCA Recovery, LLC.(Mendelberg, Gabriel) |
Set/Reset Deadlines: Motions due by 10/5/2018. Responses due by 10/19/2018 Replies due by 10/26/2018. (rj) |
Filing 38 ELECTRONIC SUMMONS ISSUED as to Yellowstone Capital West, LLC. (pc) |
Filing 37 REQUEST FOR ISSUANCE OF SUMMONS as to Yellowstone Capital West, LLC, re: #36 Amended Complaint,,,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, Radiant Images, Inc., The New Y-Capp, Inc., Gianna Wolfe. (Heskin, Shane) |
Filing 36 AMENDED COMPLAINT amending #1 Complaint, against Arch Capital Funding, LLC, Tsvi H. Davis, High Speed Capital, LLC, John and Jane Doe Investors, Yitzhak D. Stern, Yellowstone Capital, LLC, Yellowstone Capital West, LLC with JURY DEMAND.Document filed by Donna Zemoria Pierce-Baylor, Jonathan Eugene Coleman, The New Y-Capp, Inc., Radiant Images, Inc., Gianna Wolfe. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Heskin, Shane) |
Filing 35 ORDER granting #33 Letter Motion for Leave to File Document; denying #24 Letter Motion for Conference. The Court is in receipt of the parties' recent pre-motion letters and responses. ECF No. 24, 28, 33-34. The Court's July 12, 2018 Order to Show Cause is hereby vacated. ECF No. 19. The Court grants Plaintiffs leave to amend their Complaint, should Plaintiffs wish to do so. That amended complaint shall be due on or before August 8, 2018. Plaintiffs are advised that, should they decline to amend their complaint, any future requests for leave to amend will be strongly disfavored. Defendants' requests for a pre-motion conference are denied. However, Defendants are granted leave to file motions to dismiss Plaintiffs' amended complaint, pursuant to the following briefing schedule: Defendants' Opening Briefs: August 29, 2018. Plaintiffs' Opposition: September 12, 2018. Defendants' Reply Briefs: September 19, 2018. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/25/18) (yv) |
Filing 34 LETTER addressed to Judge Andrew L. Carter, Jr. from Shane R. Heskin, Esq. dated July 25, 2018 re: Response to July 23, 2018 pre-motion letter filed by Arch Capital Funding, LLC and MCA Recovery, LLC. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, The New Y-Capp, Inc..(Heskin, Shane) |
Set/Reset Deadlines: Amended Pleadings due by 8/8/2018. Motions due by 8/29/2018. Responses due by 9/12/2018. Replies due by 9/19/2018. (yv) |
Filing 33 FIRST LETTER MOTION for Leave to File motion to dismiss on behalf of MCA and Arch addressed to Judge Andrew L. Carter, Jr. from Gabriel Mendelberg, attorney for MCA Recovery dated July 23, 2018. Document filed by Arch Capital Funding, LLC.(Mendelberg, Gabriel) |
Filing 32 NOTICE OF APPEARANCE by Gabriel Mendelberg on behalf of MCA Recovery, LLC. (Mendelberg, Gabriel) |
Filing 31 NOTICE OF APPEARANCE by Gabriel Mendelberg on behalf of Arch Capital Funding, LLC. (Mendelberg, Gabriel) |
Filing 30 AFFIDAVIT OF SERVICE of Summons and Complaint,. Avraham Y. Weinstein served on 7/11/2018, answer due 8/1/2018. Service was made by Mail. Document filed by Donna Zemoria Pierce-Baylor; Jonathan Eugene Coleman; The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 29 AFFIDAVIT OF SERVICE of Summons and Complaint,. Avraham Y. Weinstein served on 7/6/2018, answer due 7/27/2018. Service was accepted by Jane Doe. Document filed by Donna Zemoria Pierce-Baylor; Jonathan Eugene Coleman; The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 28 LETTER addressed to Judge Andrew L. Carter, Jr. from Shane R. Heskin, Esq. dated July 16, 2018 re: response to Defendants' pre-motion letter. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, The New Y-Capp, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Heskin, Shane) |
Filing 27 AFFIDAVIT OF SERVICE of Summons and Complaint,. Yitzhak D. Stern served on 7/11/2018, answer due 8/1/2018. Service was made by MAIL. Document filed by Donna Zemoria Pierce-Baylor; Jonathan Eugene Coleman; The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 26 AFFIDAVIT OF SERVICE of Summons and Complaint,. Yitzhak D. Stern served on 7/5/2018, answer due 7/26/2018. Service was accepted by Debbie Stern. Document filed by Donna Zemoria Pierce-Baylor; Jonathan Eugene Coleman; The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 25 AFFIDAVIT OF SERVICE of Summons and Complaint,. Arch Capital Funding, LLC served on 7/9/2018, answer due 7/30/2018. Service was accepted by NY Secretary of State. Document filed by Donna Zemoria Pierce-Baylor; Jonathan Eugene Coleman; The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 24 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Christopher R. Murray, Esq. dated July 13, 2018. Document filed by Tsvi H. Davis, High Speed Capital, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital, LLC.(Murray, Christopher) |
Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint,. Tsvi H. Davis served on 7/2/2018, answer due 7/23/2018. Service was accepted by Sugey Gonzalez. Document filed by Donna Zemoria Pierce-Baylor; Jonathan Eugene Coleman; The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint,. Yellowstone Capital, LLC served on 6/26/2018, answer due 7/17/2018. Service was accepted by NY Secretary of State. Document filed by Donna Zemoria Pierce-Baylor; Jonathan Eugene Coleman; The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,. MCA Recovery, LLC served on 6/26/2017, answer due 7/17/2017. Service was accepted by NY Secretary of State. Document filed by Donna Zemoria Pierce-Baylor; Jonathan Eugene Coleman; The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint,. High Speed Capital, LLC served on 6/26/2018, answer due 7/17/2018. Service was accepted by NY Secretary of State. Document filed by Donna Zemoria Pierce-Baylor; Jonathan Eugene Coleman; The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 19 Vacated as per Judges Order dated 07/25/2018, Doc. # 35 ORDER TO SHOW CAUSE: Accordingly, Plaintiffs are hereby ORDERED TO SHOW CAUSE in writing no later than August 2, 2018, why this case should not be dismissed without prejudice pursuant to Rule 4(m). (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 7/12/2018) (cf) Modified on 7/25/2018 (yv). |
Filing 18 ELECTRONIC SUMMONS ISSUED as to Avraham Y. Weinstein. (jgo) |
Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Avraham Y. Weinstein, re: #1 Complaint,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 16 ELECTRONIC SUMMONS ISSUED as to Yitzhak D. Stern. (jgo) |
Filing 15 ELECTRONIC SUMMONS ISSUED as to Yellowstone Capital, LLC. (jgo) |
Filing 14 ELECTRONIC SUMMONS ISSUED as to Tsvi H. Davis. (jgo) |
Filing 13 ELECTRONIC SUMMONS ISSUED as to MCA Recovery, LLC. (jgo) |
Filing 12 ELECTRONIC SUMMONS ISSUED as to High Speed Capital, LLC. (jgo) |
Filing 11 ELECTRONIC SUMMONS ISSUED as to Arch Capital Funding, LLC. (jgo) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Shane R. Heskin to RE-FILE Document No. #8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name does not exactly match name on 'as to' docket entry and on pdf;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
Filing 10 CIVIL COVER SHEET filed. (Heskin, Shane) |
Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Yellowstone Capital, LLC, re: #1 Complaint,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Avraham Weinstein, re: #1 Complaint,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, The New Y-Capp, Inc.. (Heskin, Shane) Modified on 4/16/2018 (jgo). |
Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Yitzhak D. Stern, re: #1 Complaint,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to MCA Recovery, LLC, re: #1 Complaint,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to High Speed Capital, LLC, re: #1 Complaint,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Tsvi H. Davis, re: #1 Complaint,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, The New Y-Capp, Inc.. (Heskin, Shane) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Arch Capital Funding, LLC, re: #1 Complaint,. Document filed by Jonathan Eugene Coleman, Donna Zemoria Pierce-Baylor, The New Y-Capp, Inc.. (Heskin, Shane) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Shane R. Heskin. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pc) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Shane R. Heskin to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Do not fill out the citizenship of principal parties if Federal Question Basis of Jurisdiction is selected. (pc) |
Case Designated ECF. (pc) |
Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Heskin, Shane) Modified on 4/13/2018 (pc). |
Filing 1 COMPLAINT against Arch Capital Funding, LLC, Tsvi H. Davis, High Speed Capital, LLC, John and Jane Doe Investors, MCA Recovery, LLC, Yitzhak D. Stern, Avraham Y. Weinstein, Yellowstone Capital, LLC. (Filing Fee $ 400.00, Receipt Number 0208-14936074)Document filed by Donna Zemoria Pierce-Baylor, Jonathan Eugene Coleman, The New Y-Capp, Inc..(Heskin, Shane) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.