Lagemann et al v. Spence et al
Plaintiff: Manfred Lagemann, Vitaliy Rudenko, Mitch Sterckx, Roland Mawlabaux, Thi Thanh Xuan Diana Vu, Edmond Truong, Aivaras Cepelis, Yew Hwee Ng, Cameron Pattison, Steven Koenig, Diana Vu, Rick Rambo, Jose Alberto Pimentel Quintas, Peter Schidlowski, Neill Grant, Jason Grant, Regal Patel, Jose Duarte Martins Vieira, Andre Fino Viana, Rip Bains, Daniel Truque, Johnna Powell and Jeremy Lee
Defendant: Jeremy Spence, Emily Spence, Jaime Cruz-Herrera, John Doe No. 1, Gerard Spence and Blackxantus
Not Classified By Court: David C. Silver, Erin Bullard and David Bissinger
Intervenor Plaintiff: Miguel Carmo and Jose Quintas
Case Number: 1:2018cv12218
Filed: December 26, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: George B Daniels
Referring Judge: Robert W Lehrburger
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 fr
Jury Demanded By: Plaintiff
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This docket was last retrieved on December 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 22, 2020 Filing 150 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Erin Bullard dated May 22, 2020 re: Proof of Service Dkt 149. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque..(Bullard, Erin)
May 18, 2020 Opinion or Order Filing 149 REPORT AND RECOMMENDATION : TO HON. GEORGE B. DANIELS: : SUMMARY JUDGMENT re: #143 SECOND MOTION for Summary Judgment Refiled per Court, filed by Rip Bains, Daniel Truque, Cameron Pattison, Vitaliy Rudenko, Andre Fino Viana, Yew Hwee Ng, Jason Grant, Jose Alberto Pimentel Quintas, Roland Mawlabaux, Edmond Truong, Regal Patel, Thi Thanh Xuan Diana Vu, Jose Duarte Martins Vieira, Mitch Sterckx, Rick Rambo, Steven Koenig, Neill Grant, Diana Vu, Peter Schidlowski, Jeremy Lee, Johnna Powell, Jose Quintas, Aivaras Cepelis, Manfred Lagemann. For the foregoing reasons, I recommend that Plaintiffs' Second Amended Motion for Summary Judgment be GRANTED and Judgment entered against Spence as follows: 1. Awarding Plaintiffs the principal sum of $2,989,200; 2. Awarding pre-judgment interest at a rate of 9% per annum from June 1, 2018 to the date of entry of judgment as calculated by the Clerk of Court; 3. Awarding post-judgment interest at a rate to be calculated by the Clerk of Court from the date of entry of judgment through the date that Spence satisfies his obligations thereunder; 4. Awarding Plaintiffs' recovery of costs (but not attorneys' fees). Within one week, Plaintiffs are ORDERED to serve a copy of this Report and Recommendation upon Defendant Spence at all known addresses and email addresses, and file proof of the same. Pursuant to 28 U.S.C. 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the Chambers of the Honorable George B. Daniels, United States Courthouse, 500 Pearl Street, New York, New York 10007, and to the Chambers of the undersigned, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will result in a waiver of objections and will preclude appellate review. Objections to R&R due by 6/1/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 5/18/2020) Copies transmitted to all counsel of record, and mailed to: Jeremy Spence. (va) Transmission to Orders and Judgments Clerk for processing.
April 2, 2020 Filing 148 RULE 56.1 STATEMENT. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque. (Attachments: #1 Exhibit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit, #9 Affidavit, #10 Affidavit, #11 Affidavit, #12 Affidavit, #13 Affidavit, #14 Affidavit, #15 Affidavit, #16 Affidavit, #17 Affidavit, #18 Affidavit, #19 Affidavit, #20 Affidavit, #21 Affidavit, #22 Affidavit, #23 Affidavit).(Bullard, Erin)
April 2, 2020 Filing 147 DECLARATION of David Silver in Support re: #143 SECOND MOTION for Summary Judgment Refiled per Court.. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque..(Bullard, Erin)
April 2, 2020 Filing 146 MEMORANDUM OF LAW in Support re: #143 SECOND MOTION for Summary Judgment Refiled per Court. . Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque..(Bullard, Erin)
April 2, 2020 Filing 145 NOTICE of to Pro Se Litigant of Second Amended MSJ re: #143 SECOND MOTION for Summary Judgment Refiled per Court.. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, David C. Silver, Mitch Sterckx, Edmond Truong, Daniel Truque..(Bullard, Erin)
April 2, 2020 Filing 144 NOTICE of of Second Amended MSJ re: #143 SECOND MOTION for Summary Judgment Refiled per Court.. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque..(Bullard, Erin)
April 2, 2020 Filing 143 SECOND MOTION for Summary Judgment Refiled per Court. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque. (Attachments: #1 Text of Proposed Order).(Bullard, Erin)
March 28, 2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Erin Bullard to RE-FILE Document #138 AMENDED MOTION for Summary Judgment . 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. Rule 56.1 Statement is found under the event list Other Answers. (ldi)
March 5, 2020 Filing 142 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Erin Bullard dated March 5, 2020 re: Proof of Service Dkt 141. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque..(Bullard, Erin)
March 2, 2020 Opinion or Order Filing 141 ORDER: Plaintiffs have filed proof of service of their second amended summary judgment papers on defendant Jeremy Spence as of February 27, 2020. (Dkt. 139.) Accordingly, Defendant Spence shall have until March 23, 2020 to file any opposition papers. If opposition papers are filed, Plaintiffs shall file any reply by April 4, 2020. Absent any opposition, the Court will proceed to decide Plaintiffs' motion based on Plaintiffs' filings. By March 5, 2020, Plaintiffs shall serve by email, and initiate service by first class mail of, a copy of this Order on Defendant Spence, using the same addresses most recently used to serve Plaintiffs' summary judgment papers, and shall promptly file proof of service. SO ORDERED. (Responses due by 3/23/2020, Replies due by 4/4/2020.) (Signed by Magistrate Judge Robert W. Lehrburger on 3/2/2020) (mml)
March 2, 2020 Opinion or Order Filing 140 ORDER denying as moot #51 Motion to Appoint Corporate Monitor. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (rsh)
March 2, 2020 Opinion or Order ORDER denying as moot #58 Motion to Appoint Receiver(s) Mark J. Astarita, Esq. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (rsh)
March 2, 2020 Opinion or Order ORDER denying as moot #90 Motion to Intervene. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (rsh)
March 2, 2020 Opinion or Order ORDER denying as moot #91 Motion to Intervene. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (rsh)
February 28, 2020 Filing 139 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Erin Bullard dated February 28, 2020 re: Proof of Service of Dkt. 138. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque..(Bullard, Erin)
February 27, 2020 Filing 138 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Summary Judgment . Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque. (Attachments: #1 Notice of Second Amended Motion for Summary Judgment, #2 Notice to Pro Se Litigant, #3 Memorandum of Law in Support of Second Amended MSJ, #4 Statement of Undisputed Material Facts, #5 Affidavit Declaration of David Silver, #6 Exhibit Exhibit A - Deposition of Spence, #7 Affidavit Exhibit B-1 - Declaration of Manfred Lagemann, #8 Affidavit Exhibit B-2 - Declaration of Steven Koenig, #9 Affidavit Exhibit B-3 - Declaration of Mitch Sterckx, #10 Affidavit Exhibit B-4 - Declaration of Aivaras Cepelis, #11 Affidavit Exhibit B-5 - Declaration of Roland Mawlabaux, #12 Affidavit Exhibit B-6 - Declaration of Cameron Pattison, #13 Affidavit Exhibit B-7 - Declaration of Diana Vu, #14 Affidavit Exhibit B-8 - Declaration of Edmond Truong, #15 Affidavit Exhibit B-9 - Declaration of Vitaliy Rudenko, #16 Affidavit Exhibit B-10 - Declaration of Yew Hwee Ng, #17 Affidavit Exhibit B-11 - Declaration of Rip Bains, #18 Affidavit Exhibit B-12 - Declaration of Regal Patel, #19 Affidavit Exhibit B-13 - Declaration of Peter Schidlowski, #20 Affidavit Exhibit B-14 - Declaration of Rick Rambo, #21 Affidavit Exhibit B-15 - Declaration of Jeremy Lee, #22 Affidavit Exhibit B-16 - Declaration of Daniel Truque, #23 Affidavit Exhibit B-17 - Declaration of Johnna Powell, #24 Affidavit Exhibit B-18 - Declaration of Jose Quintas, #25 Affidavit Exhibit B-19 - Declaration of Andre Viana, #26 Affidavit Exhibit B-20 - Declaration of Jose Vieira, #27 Affidavit Exhibit B-21 - Declaration of Jason Grant, #28 Affidavit Exhibit B-22 - Declaration of Neill Grant, #29 Text of Proposed Order Proposed Order Granting Summary Judgment).(Bullard, Erin) Modified on 3/28/2020 (ldi).
January 27, 2020 Opinion or Order Filing 137 MEMO ENDORSEMENT on re: #136 Letter, filed by Rick Rambo, Neill Grant, Daniel Truque, Peter Schidlowski, Jeremy Lee, Johnna Powell, Andre Fino Viana, Jason Grant, Jose Alberto Pimentel Quintas, Jose Quintas, Jose Duarte Martins Vieira. ENDORSEMENT: GRANTED. Counsel is directed to serve a copy of this Order on Defendant Spence as per Dkt. 128 and this Order. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/27/2020) (mml)
January 24, 2020 Filing 136 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Erin Bullard dated January 24, 2020 re: Request to serve Defendant Jeremy Spence at additional email address provided by Counsel for Spence's parents. Document filed by Andre Fino Viana, Jason Grant, Neill Grant, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Jeremy Lee, Johnna Powell, Jose Quintas, Rick Rambo, Peter Schidlowski, Daniel Truque. (Attachments: #1 Exhibit Email from J. Warren)(Bullard, Erin)
January 8, 2020 Opinion or Order Filing 135 ORDER withdrawing #122 Motion for Summary Judgment; withdrawing #123 Motion for Summary Judgment. Plaintiff's motion for summary judgment is withdrawn without prejudice to refiling with appropriate support. The Clerk of the Court is respectfully requested to terminate the motions at Dkt. 122&123. (Signed by Magistrate Judge Robert W. Lehrburger on 1/8/2020) (rj)
January 7, 2020 Filing 134 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Erin Bullard dated January 7, 2020 re: Withdrawal of MSJ. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque.(Bullard, Erin)
January 6, 2020 Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference held on 1/6/2020 at 4:00 p.m. (rsh)
January 6, 2020 Opinion or Order Filing 133 SCHEDULING ORDER: Telephone Conference set for 1/6/2020 at 4:00 PM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference line at (888)-398-2342 and enter pass code 9543348. (Signed by Magistrate Judge Robert W. Lehrburger on 1/6/2020) (rsh)
December 19, 2019 Filing 132 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Erin Bullard dated December 19, 2019 re: Dkt. 129 Update. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque.(Bullard, Erin)
December 18, 2019 Filing 131 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Erin Bullard dated December 18, 2019 re: Proof of Service of Dkt. 130 - Court's Order. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque.(Bullard, Erin)
December 17, 2019 Opinion or Order Filing 130 ORDER. Plaintiffs have filed proof of service of their amended summary judgment papers on defendant Jeremy Spence as of December 11 and 12, 2019. (Dkt. 129.) Accordingly, Defendant Spence shall have until December 31, 2019 to file any opposition papers, If opposition papers are filed, Plaintiffs shall file any reply by January 13, 2020. Absent any opposition, the Court will proceed to decide Plaintiffs' motion based on Plaintiffs' filings. By December 19, 2019, Plaintiffs shall serve by email, and initiate service by FedEx of, a copy of this Order on Defendant Spence, using the same addresses most recently used to serve Plaintiffs' summary judgment papers, and shall promptly file proof of service. So ordered. (Responses due by 12/31/2019. Replies due by 1/13/2020). (Signed by Magistrate Judge Robert W. Lehrburger on 12/17/2019) (rjm)
December 16, 2019 Filing 129 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Erin Bullard dated December 16, 2019 re: Doc. 128 - Proof of Service. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque.(Bullard, Erin)
December 9, 2019 Opinion or Order Filing 128 MEMO ENDORSEMENT on re: #127 Letter, filed by Rip Bains, Daniel Truque, Cameron Pattison, Vitaliy Rudenko, Andre Fino Viana, Yew Hwee Ng, Jason Grant, Jose Alberto Pimentel Quintas, Roland Mawlabaux, Edmond Truong, Regal Patel, Thi Thanh Xuan Diana Vu, Jose Duarte Martins Vieira, Mitch Sterckx, Rick Rambo, Steven Koenig, Neill Grant, Diana Vu, Peter Schidlowski, Jeremy Lee, Johnna Powell, Jose Quintas, Aivaras Cepelis, Manfred Lagemann. ENDORSEMENT: See order p. 2. Plaintiff's shall proceed with service using both "First" and "Second" methods. Plaintiff shall file proof of service by December 16, 2019. SO ORDERED. (Plaintiffs shall serve their summary judgment papers as well as this Order.) (Signed by Magistrate Judge Robert W. Lehrburger on 12/9/2019) (mml)
December 9, 2019 Filing 127 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Erin Bullard dated December 9, 2019 re: DOC 126 Response. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque.(Bullard, Erin)
December 9, 2019 Opinion or Order Filing 126 MEMO ENDORSEMENT on re: #125 Letter filed by Erin Bullard. ENDORSEMENT: See order on page 2. By December 16, 2019, Plaintiff shall file a letter reporting in the results of the skip trace to locate Mr. Spence. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/9/2019) (mml)
December 6, 2019 Filing 125 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Erin Bullard dated December 6, 2019 re: Doc. 124 Response. Document filed by Erin Bullard.(Bullard, Erin)
December 3, 2019 Opinion or Order Filing 124 ORDER: Earlier this year, counsel for Defendant Jeremy Spence withdrew. Spence is now proceeding pro se. The Court last sent court filings to Spence at the following address: 95 Horatio Street, Apt # 534, NY, NY 10014-1548. That mail was returned "Attempted - Not Known, Unable to Forward". Accordingly, by December 6, 2019, Plaintiffs shall file with the Court a letter (1)providing Spence's last known address; (2) describing efforts made to locate a more recent address; and (3) identifying whether, since withdrawal of Spence's counsel, the Court previously has approved service on Spence at any other address and by any particular means. (Signed by Magistrate Judge Robert W. Lehrburger on 12/3/2019) (Lehrburger, Robert)
December 2, 2019 Filing 123 Withdrawn as per Judges Order dated 1/8/2020, Doc. #135 AMENDED MOTION for Summary Judgment . Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque. (Attachments: #1 Supplement Statement of Undisputed Material Facts in Support of MSJ, #2 Affidavit Declaration of David Silver, #3 Exhibit Exhibit A Excerpts from Deposition of Jeremy Spence, #4 Supplement Notice to Pro Se Litigant, #5 Text of Proposed Order Proposed Order Granting Summary Judgment)(Bullard, Erin) Modified on 1/8/2020 (rj).
December 2, 2019 Filing 122 Withdrawn as per Judges Order dated 1/8/2020, Doc. #135 AMENDED MOTION for Summary Judgment Notice. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque.(Bullard, Erin) Modified on 1/8/2020 (rj).
December 2, 2019 Received returned mail re: #119 Motion for Leave to File Document. Mail was addressed to Jeremy Spence at 95 Horatio Street, Apt # 534, NY, NY 10014-1548 and was returned for the following reason(s): Return to Sender, Attempted-Not Known, Unable to Forward. (rsh)
November 22, 2019 Opinion or Order Filing 121 ORDER: The Court previously granted Plaintiff's request to file an amended motion for summary judgment and directed that the motion papers include an amended proposed order similar to Dkt. 82. No amended motion has been filed. Accordingly, Plaintiff shall file its amended motion for summary judgment by December 2, 2019. (If that deadline poses a problem for Plaintiff, Plaintiff may address that issue with the Court.) (Signed by Magistrate Judge Robert W. Lehrburger on 11/22/2019) (Lehrburger, Robert)
November 12, 2019 Opinion or Order Filing 120 MEMO ENDORSEMENT on #119 denying as moot #66 Motion for Summary Judgment; granting #119 Motion for Leave to File Document. ENDORSEMENT: 1. Permission granted. 2. Plaintiffs shall also file an amended proposed order granting summary judgment. (See Dkt. 82.) 3. The original summary judgment motion at Dkt. 66 is denied as moot. 4. This resolves Dkt. 119. (Signed by Magistrate Judge Robert W. Lehrburger on 11/12/2019) Copies Mailed By Chambers. (rro)
November 11, 2019 Filing 119 MOTION for Leave to File Amended Motion for Summary Judgment . Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque. (Attachments: #1 MOL, #2 SOUMF, #3 Notice)(Bullard, Erin)
November 11, 2019 Filing 118 MOTION for Leave to File Amended MSJ Notice. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque.(Bullard, Erin)
November 11, 2019 Filing 117 LETTER addressed to Magistrate Judge Robert W. Lehrburger from David Bissinger dated November 11, 2019 re: Case Status. Document filed by Andre Fino Viana, Rip Bains, Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Jose Alberto Pimentel Quintas, Jose Duarte Martins Vieira, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Regal Patel, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque.(Bullard, Erin)
November 1, 2019 Opinion or Order Filing 116 ORDER with respect to #66 Motion for Summary Judgment. Plaintiffs' motion for summary judgment (Dkt. 66) has been referred to the undersigned for a report and recommendation. Accordingly, by November 10, 2019, Plaintiffs shall file a letter with the Court advising of status of the case, status of the summary judgment motion, whether the subsequent filing of the amended complaint renders moot the summary judgment motion, and any other information Plaintiffs believe would be helpful to the Court in resolving the motion. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/1/2019) (kv)
November 1, 2019 Opinion or Order Filing 115 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation): All such motions: 66. Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge George B. Daniels on 11/1/2019) (jwh)
October 22, 2019 Opinion or Order Filing 114 MEMO ENDORSEMENT on re: #104 LETTER MOTION to Substitute Attorney. ENDORSEMENT: SO ORDERED. (Attorney Erin Bullard terminated.) (Signed by Judge George B. Daniels on 10/22/2019) (jwh)
October 18, 2019 Filing 113 LETTER addressed to Judge George B. Daniels from David K. Bissinger dated 10/18/2019 re: Service of First Amended Complaint. Document filed by David Bissinger.(Bullard, Erin)
October 3, 2019 Filing 112 LETTER addressed to Judge George B. Daniels from David K. Bissinger dated October 3, 2019 re: Service of First Amended Complaint upon Jeremy Spence. Document filed by David Bissinger.(Bullard, Erin)
October 3, 2019 Filing 111 LETTER addressed to Judge George B. Daniels from David K. Bissinger dated August 7, 2019 re: Request to Withdraw from Representation of Miguel Carmo. Document filed by David Bissinger.(Bullard, Erin)
October 3, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Erin Bullard to RE-FILE Document #104 LETTER MOTION to Substitute Attorney. Old Attorney: David K. Bissinger, New Attorney: None Request to Withdraw from Representation of Miguel Carmo addressed to Judge George B. Daniels from David K. Bissinger dated August 7, 2019. Use the event type Letter found under the event list Other Documents. (ldi)
September 19, 2019 Opinion or Order Filing 110 ORDER: The October 24, 2019 status conference is adjourned to December 5, 2019 at 9:45 a.m. (Status Conference set for 12/5/2019 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/19/2019) (jwh)
September 3, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David C. Silver. The party information for the following party/parties has been modified: Peter Schidlowski, Johnna Powell, Andre Viana; Jose Vieira, Jason Grant, Neill Grant, Rip Bains, Jose Alberto Pimentel Quintas. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; party name entered incorrectly. (vf)
August 30, 2019 Filing 109 FIRST AMENDED COMPLAINT amending #108 Amended Complaint, against Jaime Cruz-Herrera, John Doe No. 1, Jeremy Spence with JURY DEMAND.Document filed by Thi Thanh Xuan Diana Vu, Andre Fino Viana, Steven Koenig, Jeremy Lee, Manfred Lagemann, Neill Grant, Daniel Truque, Jason Grant, Cameron Pattison, Rick Rambo, Mitch Sterckx, Peter Schidlowski, Vitaliy Rudenko, Regal Patel, Jose Duarte Martins Vieira, Edmond Truong, Aivaras Cepelis, Yew Hwee Ng, Johnna Powell, Rip Bains, Roland Mawlabaux, Jose Alberto Pimentel Quintas. Related document: #108 Amended Complaint.(Silver, David)
August 28, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David C. Silver to RE-FILE re: Document No. #108 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Jose Alberto Pimentel Quintas must be added to the case; all filers were not entered/selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. ***DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS*** (pne)
August 27, 2019 Filing 108 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against Jaime Cruz-Herrera, John Doe No. 1, Jeremy Spence with JURY DEMAND.Document filed by Thi Thanh Xuan Diana Vu, Andre Viana, Steven Koenig, Jeremy Lee, Manfred Lagemann, Jose Quintas, Neill Grant, Daniel Truque, Jason Grant, Cameron Pattison, Rick Rambo, Mitch Sterckx, Peter Schidlowski, Vitaliy Rudenko, Jose Vieira, Edmond Truong, Aivaras Cepelis, Yew Hwee Ng, Johnna Powell, Roland Mawlabaux, Rip Bains, Regal Patel. Related document: #1 Complaint,.(Silver, David) Modified on 8/28/2019 (pne).
August 19, 2019 Opinion or Order Filing 107 ORDER GRANTING PLAINTIFFS LEAVE TO FILE AMENDED COMPLAINT: This matter is before the Court on Plaintiffs' Motion fur Leave to file an Amended Complaint (the "Motion") [Docket Entry No. 74]. Having reviewed the Motion, the file, having heard argument of counsel at the May 16, 2019 Initial Pretrial Conference, and being otherwise sufficiently advised in the premises, it is hereby ORDERED AND ADJUDGED that: 1. Plaintiffs' Motion is GRANTED. 2. Within thirty (30) days of the date of this Order, Plaintiffs' counsel shall file an Amended Complaint. (Signed by Judge George B. Daniels on 8/19/2019) (mro)
August 15, 2019 Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 8/15/2019. The October 24, 2019 conference is cancelled. The amended complaint shall be served within the next 30 days. Plaintiff Counsel: Michael Louis Braunstein, Erin Bullard, David Bissinger Defense Counsel: failed to appear and Court Reporter present. (Vega, Elizabeth)
August 13, 2019 Opinion or Order Filing 106 ORDER granting #105 Letter Motion for Conference: SO ORDERED. (Signed by Judge George B. Daniels on 8/13/2019) (jwh)
August 7, 2019 Filing 105 LETTER MOTION for Conference re: #102 Memo Endorsement, Set Hearings,, Motion to Appear Telephonically at Status Conference addressed to Judge George B. Daniels from David K. Bissinger dated August 7, 2019. Document filed by David Bissinger.(Bullard, Erin)
August 7, 2019 Filing 104 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Substitute Attorney. Old Attorney: David K. Bissinger, New Attorney: None Request to Withdraw from Representation of Miguel Carmo addressed to Judge George B. Daniels from David K. Bissinger dated August 7, 2019. Document filed by David Bissinger.(Bullard, Erin) Modified on 10/3/2019 (ldi).
August 1, 2019 Filing 103 LETTER MOTION for Leave to File First Amended Complaint addressed to Judge George B. Daniels from David C. Silver, Esq. dated 08/01/2019. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Jason Grant, Neill Grant, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Jeremy Lee, Roland Mawlabaux, Cameron Pattison, Johnna Powell, Jose Quintas, Rick Rambo, Vitaliy Rudenko, Peter Schidlowski, Mitch Sterckx, Edmond Truong, Daniel Truque, Andre Viana, Jose Vieira. (Attachments: #1 proposed - First Amended Complaint)(Silver, David)
July 18, 2019 Opinion or Order Filing 102 MEMO ENDORSEMENT on re: #101 Letter, filed by Mitch Sterckx, Steven Koenig, Diana Vu, Cameron Pattison, Vitaliy Rudenko, Yew Hwee Ng, Roland Mawlabaux, Edmond Truong, Aivaras Cepelis, Manfred Lagemann, Thi Thanh Xuan Diana Vu. ENDORSEMENT: The status conference is adjourned from July 25, 2019 to Aug. 15, 2019 at 9:45 a.m. SO ORDERED. (Status Conference set for 8/15/2019 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 7/18/2019) (rro)
July 17, 2019 Filing 101 LETTER addressed to Judge George B. Daniels from David C. Silver, Esq. dated 07/17/2019 re: Agreement-in-Principle on Motion for Leave to File Complaint in Intervention; Request to Adjourn July 25, 2019 Status Conference. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong.(Silver, David)
July 11, 2019 Opinion or Order Filing 100 MEMO ENDORSEMENT on re: #99 Letter, filed by Mitch Sterckx, Steven Koenig, Diana Vu, Cameron Pattison, Vitaliy Rudenko, Yew Hwee Ng, Roland Mawlabaux, Edmond Truong, Aivaras Cepelis, Manfred Lagemann, Thi Thanh Xuan Diana Vu. The status conference is adjourned from July 18, 2019 to July 25, 2019 at 9:45 a.m. SO ORDERED. (Signed by Judge George B. Daniels on 7/11/2019) ( Status Conference set for 7/25/2019 at 09:45 AM before Judge George B. Daniels.)(ks)
July 10, 2019 Filing 99 LETTER addressed to Judge George B. Daniels from David C. Silver, Esq. dated 07/10/2019 re: Request to Adjourn July 18, 2019 Status Conference. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong.(Silver, David)
July 8, 2019 Opinion or Order Filing 98 ORDER FOR ADMISSION PRO HAC VICE granting #95 Motion for Erin Bullard to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge George B. Daniels on 7/8/2019) (kv)
July 8, 2019 Opinion or Order Filing 97 ORDER FOR ADMISSION PRO HAC VICE granting #96 Motion for David Bissinger to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 7/8/2019) (jca)
June 28, 2019 Filing 96 MOTION for David Bissinger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Bissinger. (Attachments: #1 Affidavit Affidavit of David Bissinger, #2 Exhibit Supreme Court of TX Certificate of Good Standing, #3 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice)(Bullard, Erin)
June 28, 2019 Filing 95 MOTION for Erin Bullard to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Erin Bullard. (Attachments: #1 Affidavit Affidavit of Erin Bullard, #2 Exhibit Supreme Court of TX Certificate of Good Standing, #3 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice)(Bullard, Erin)
June 28, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #96 MOTION for David Bissinger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #95 MOTION for Erin Bullard to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 28, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #89 MOTION for David Bissinger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17158900. Motion and supporting papers to be reviewed by Clerk's Office staff., #88 MOTION for Erin Bullard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17158899. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
June 27, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Erin Bullard to RE-FILE Document #91 MOTION to Intervene . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to #90 Motion). (db)
June 27, 2019 Filing 94 AFFIDAVIT of Blake Hawthorne in Support re: #89 MOTION for David Bissinger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17158900. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by David Bissinger. (Bullard, Erin)
June 27, 2019 Filing 93 AFFIDAVIT of Blake Hawthorne in Support re: #88 MOTION for Erin Bullard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17158899. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Erin Bullard. (Bullard, Erin)
June 27, 2019 Filing 92 MEMORANDUM OF LAW in Support re: #90 MOTION to Intervene Notice., #91 MOTION to Intervene . . Document filed by Jason Grant, Neill Grant, Jeremy Lee, Johnna Powell, Jose Quintas, Rick Rambo, Peter Schidlowski, Jeremy Spence, Daniel Truque, Andre Viana, Jose Vieira. (Bullard, Erin)
June 27, 2019 Filing 91 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Intervene . Document filed by Miguel Carmo, Jason Grant, Neill Grant, Jeremy Lee, Johnna Powell, Jose Quintas, Rick Rambo, Peter Schidlowski, Daniel Truque, Andre Viana, Jose Vieira.(Bullard, Erin) Modified on 8/28/2019 (db).
June 27, 2019 Filing 90 MOTION to Intervene Notice. Document filed by Peter Schidlowski, Rick Rambo, Jeremy Lee, Daniel Truque, Johnna Powell, Miguel Carmo, Jose Quintas, Andre Viana, Jose Vieira, Jason Grant, Neill Grant.(Bullard, Erin)
June 27, 2019 Filing 89 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David Bissinger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17158900. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Bissinger. (Attachments: #1 Affidavit Affidavit of David Bissinger, #2 Text of Proposed Order Proposed Order)(Bullard, Erin) Modified on 6/28/2019 (wb).
June 27, 2019 Filing 88 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Erin Bullard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17158899. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Erin Bullard. (Attachments: #1 Affidavit Affidavit of Erin Bullard, #2 Text of Proposed Order Proposed Order)(Bullard, Erin) Modified on 6/28/2019 (wb).
June 21, 2019 Opinion or Order Filing 87 ORDER: The June 20, 2019 status conference is adjourned to July 18, 2019 at 9:45 a.m. (Status Conference set for 7/18/2019 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 6/21/2019) (jwh)
June 19, 2019 Filing 86 STATUS REPORT. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong.(Silver, David)
June 18, 2019 Filing 85 LETTER addressed to Judge George B. Daniels from David C. Silver, Esq. dated 06/18/2019 re: Request to Appear Telephonically at June 20, 2019 Status Conference. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong.(Silver, David)
June 6, 2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #81 Proposed Order #83 Proposed Order #84 Proposed Order #82 Proposed Order was reviewed and approved as to form. (km)
June 5, 2019 Filing 84 PROPOSED ORDER. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong. (Silver, David) Proposed Order to be reviewed by Clerk's Office staff.
June 5, 2019 Filing 83 PROPOSED ORDER. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong. (Silver, David) Proposed Order to be reviewed by Clerk's Office staff.
June 5, 2019 Filing 82 PROPOSED ORDER. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong. Related Document Number: #66 . (Silver, David) Proposed Order to be reviewed by Clerk's Office staff.
June 5, 2019 Filing 81 PROPOSED ORDER. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong. Related Document Number: #58 . (Silver, David) Proposed Order to be reviewed by Clerk's Office staff.
June 5, 2019 Filing 80 LETTER addressed to Judge George B. Daniels from David C. Silver, Esq. dated 06/05/2019 re: Proposed Orders following May 16, 2019 Initial Pretrial Conference. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong.(Silver, David)
May 22, 2019 Opinion or Order Filing 79 ORDER granting #75 Motion to Withdraw as Attorney. So Ordered. (Attorney Paul W. Ryan terminated.) (Signed by Judge George B. Daniels on 5/21/19) (yv)
May 21, 2019 Filing 78 FIRST LETTER addressed to Judge George B. Daniels from Paul Ryan dated May 21, 2019 re: Withdrawal Motion. Document filed by Jeremy Spence.(Ryan, Paul)
May 16, 2019 Minute Entry for proceedings held before Judge George B. Daniels: Initial Pretrial Conference held on 5/16/2019, ( Status Conference set for 6/20/2019 at 10:00 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: David C. Silver, Michael Louis Braunstein Defense Counsel: Paul W. Ryan, Jonathan Brennan and Court Reporter present. (Vega, Elizabeth)
May 2, 2019 Filing 77 LETTER RESPONSE in Opposition to Motion addressed to Judge George B. Daniels from David C. Silver, Esq. dated 05/02/2019 re: #75 FIRST MOTION for Paul Ryan to Withdraw as Attorney . . Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. (Silver, David)
May 2, 2019 Filing 75 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Paul Ryan to Withdraw as Attorney . Document filed by Jeremy Spence.(Ryan, Paul) Modified on 7/1/2019 (db).
May 1, 2019 Opinion or Order Filing 76 ORDER granting #73 Motion: In light of Plaintiffs' letter motion notifying this Court of Defendant Jeremy Spence's default on his obligations under the parties' Memorandum of Understanding, (ECF No. 73), the Preliminary Injunction is hereby restored. (Signed by Judge George B. Daniels on 4/30/2019) (jwh) Modified on 5/2/2019 (jwh).
May 1, 2019 Filing 74 LETTER addressed to Judge George B. Daniels from David C. Silver, Esq. dated 05/01/2019 re: Request for Pre-Motion Conference. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong.(Silver, David)
April 24, 2019 Filing 73 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Rescind Temporary and Limited Stay of Preliminary Injunction re: #72 Order on Motion to Stay . Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong.(Silver, David) Modified on 6/18/2019 (ldi).
April 22, 2019 Opinion or Order Filing 72 ORDER granting #71 Letter Motion to Stay: SO ORDERED. (Signed by Judge George B. Daniels on 4/22/2019) (jwh)
April 17, 2019 Filing 71 CONSENT LETTER MOTION to Stay re: #47 Preliminary Injunction,,,,,, Request for Immediate Temporary and Limited Stay of Preliminary Injunction addressed to Judge George B. Daniels from David C. Silver, Esq. dated April 17, 2019. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong.(Silver, David)
April 11, 2019 Opinion or Order Filing 70 ORDER: The undersigned is in receipt of Plaintiffs' April 3, 2019 letter requesting a conference to address the deposition of Jeremy Spence. The letter does not make any specific proposal as to "how Plaintiffs may be able to depose Defendant Spence again in the near future without such obstacles to discovery being placed in their way." Accordingly, Plaintiffs shall formulate its proposal for accomplishing what it seeks (and the legal basis for doing so), and the parties shall meet and confer to discuss the proposal. If the parties cannot come to agreement, Plaintiffs may renew their request for a conference. (Signed by Magistrate Judge Robert W. Lehrburger on 4/11/2019) (Lehrburger, Robert)
April 8, 2019 Filing 69 DECLARATION of David C. Silver in Support re: #66 MOTION for Summary Judgment against Defendant Jeremy Spence.. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. (Attachments: #1 Exhibit A - March 22, 2019 Deposition of Jeremy Spence)(Silver, David)
April 8, 2019 Filing 68 MEMORANDUM OF LAW in Support re: #66 MOTION for Summary Judgment against Defendant Jeremy Spence. . Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. (Silver, David)
April 8, 2019 Filing 67 RULE 56.1 STATEMENT. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. (Silver, David)
April 8, 2019 Filing 66 MOTION for Summary Judgment against Defendant Jeremy Spence. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong.(Silver, David)
April 3, 2019 Filing 65 LETTER addressed to Magistrate Judge Robert W. Lehrburger from David C. Silver, Esq. dated 04/03/2019 re: Defendant's Deposition Obstruction. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. (Attachments: #1 Transcript of 03-22-2019 Deposition of Defendant Jeremy Spence)(Silver, David)
March 29, 2019 Filing 64 MEMO ENDORSEMENT on re: #63 Letter. ENDORSEMENT: The initial conference is adjourned to May 16, 2019 at 9:30 a.m. (Initial Conference set for 5/16/2019 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/29/2019) (jwh)
March 28, 2019 Filing 63 CONSENT LETTER addressed to Judge George B. Daniels from David C. Silver, Esq. dated 03/28/2019 re: Request for Adjournment of April 4, 2019 Initial Pretrial Conference. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong.(Silver, David)
March 28, 2019 Opinion or Order Filing 62 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: An Initial pretrial conference will be held on Thursday, April 4, 2019 at 9:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 11A. Amended Pleadings due by 6/27/2019. Joinder of Parties due by 6/27/2019. Discovery due by 8/29/2019. Dispositive motions are to be served by September 26, 2019. Answering papers are to be served within 14 days. Reply papers are to be served within seven (7) days. Pretrial Conference set for 10/24/2019 at 09:45 AM before Judge George B. Daniels. Pretrial Order due by 10/17/2019. Ready for Trial by 11/21/2019. The estimated trial time is four (4) days, and this is a jury trial. Case Management Conference set for 7/18/2019 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 3/28/2019) (jwh)
March 28, 2019 Filing 61 PROPOSED ORDER. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. Related Document Number: #58 . (Silver, David) Proposed Order to be reviewed by Clerk's Office staff.
March 28, 2019 Filing 60 DECLARATION of David C. Silver in Support re: #58 MOTION to Appoint Receiver(s) Mark J. Astarita, Esq. .. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. (Attachments: #1 Exhibit A - Jeremy Spence discovery responses, #2 Exhibit B - Rough Transcript of 03-22-2019 Deposition of Jeremy Spence, #3 Exhibit C - Mark J. Astarita, Esq. biography)(Silver, David)
March 28, 2019 Filing 59 MEMORANDUM OF LAW in Support re: #58 MOTION to Appoint Receiver(s) Mark J. Astarita, Esq. . . Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. (Silver, David)
March 28, 2019 Filing 58 MOTION to Appoint Receiver(s) Mark J. Astarita, Esq. . Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong.(Silver, David)
March 28, 2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #61 Proposed Order was reviewed and approved as to form. (km)
March 27, 2019 Filing 57 PROPOSED CASE MANAGEMENT PLAN. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. (Silver, David)
March 22, 2019 Filing 56 ANSWER to Complaint. Document filed by Jeremy Spence.(Ryan, Paul)
March 6, 2019 Opinion or Order Filing 55 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 pretrialmotions, and settlement); Specific Non-Dispositive Motion/Dispute: All such motions: 51. Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge George B. Daniels on 3/6/2019) (mro)
March 4, 2019 Filing 54 PROPOSED ORDER. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. Related Document Number: [DE 51]. (Silver, David) Proposed Order to be reviewed by Clerk's Office staff.
March 4, 2019 Filing 53 DECLARATION of David C. Silver in Support re: #51 MOTION to Appoint Corporate Monitor .. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. (Attachments: #1 Exhibit A)(Silver, David)
March 4, 2019 Filing 52 MEMORANDUM OF LAW in Support re: #51 MOTION to Appoint Corporate Monitor . . Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. (Attachments: #1 Exhibit A)(Silver, David)
March 4, 2019 Filing 51 MOTION to Appoint Corporate Monitor . Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong.(Silver, David)
March 4, 2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #54 Proposed Order, was reviewed and approved as to form. (dt)
February 26, 2019 Set/Reset Deadlines: Motions due by 3/25/2019. Responses due by 4/25/2019. Replies due by 5/16/2019. (jwh)
February 25, 2019 Filing 50 NOTICE OF APPEARANCE by Paul W. Ryan on behalf of Jeremy Spence. (Ryan, Paul)
February 20, 2019 Opinion or Order Filing 49 ORDER: terminating #26 Motion to Dismiss. In light of Plaintiffs' Notice of Voluntary Dismissal Without Prejudice Against Defendants Gerard Spence and Emily Spence Only, (ECF No. 48), the Clerk of Court is directed to close the Defendants' Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to Rule 12(b)(2), (ECF No. 26), accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 2/19/2019) *** Party Emily Spence (an individual) and Gerard Spence (an individual) terminated. (ama) Modified on 2/26/2019 (ama).
February 15, 2019 Filing 48 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 against the defendant(s) Emily Spence, Gerard Spence. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Silver, David)
February 15, 2019 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #48 Notice of Voluntary Dismissal was reviewed and referred to Judge George B. Daniels 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. (dt)
February 11, 2019 Opinion or Order Filing 47 ORDER GRANTING PRELIMINARY INJUNCTION AGAINST DEFENDANT JEREMY SPENCE: Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction against Defendant JEREMY SPENCE is GRANTED. Until a final ruling is made on the claims asserted against Defendant JEREMY SPENCE in the Complaint, or until further Order of the Court, Defendant JEREMY SPENCE and his agents, servants, employees, attorneys, partners, successors, assigns, and all other persons or entities through which he/they act (including COIN SIGNALS) or who act in active concert or participation with any of them, who receive actual notice of this Order by personal service or otherwise, whether acting directly or through any trust, business entity, corporation, subsidiary, division or other device, or any of them, are hereby enjoined from withdrawing, transferring, or encumbering any assets currently held by, for, or on behalf of Defendant JEREMY SPENCE or any business entity through which he acts or which acts in active concert or participation with him; including but not limited to those assets currently held in: (1) any account maintained in the name of, by, or for COIN SIGNALS, (2) any account at any other financial institution, bank, trading exchange, or investment firm; and (3) any cryptocurrency wallet or cryptocurrency trading account they maintain or control. The terms and conditions of this Order arc immediately effective and enforceable upon its entry. (Signed by Judge George B. Daniels on 2/11/2019) (jwh)
February 11, 2019 Opinion or Order Filing 46 ORDER GRANTING PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY granting #32 Motion to Expedite: Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that: 1. Plaintiffs' Motion for Expedited Discovery is GRANTED, and as further set forth in this order. (Signed by Judge George B. Daniels on 2/11/2019) (jwh)
February 8, 2019 Filing 45 LETTER addressed to Judge George B. Daniels from Jeremy Spence, dated 2/8/19 re: Plaintiff requests that the Court that the Court grant him a few more days before entering the actual order which they presented for a preliminary injunction so that he can retain legal counsel who can appear in this civil suit; and that he would like to have legal counsel retained to advise him on the terms of the orders etc. Document filed by Jeremy Spence.(sc) Modified on 2/11/2019 (sc).
February 8, 2019 Filing 44 CLERK'S CERTIFICATE OF DEFAULT as to Jaime Cruz-Herrera. (km)
February 8, 2019 Filing 43 AFFIDAVIT of Mark Sacripanti in Support re: #42 Proposed Clerk's Certificate of Default,. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. (Silver, David)
February 8, 2019 Filing 42 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. (Silver, David) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
February 8, 2019 Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. (Attachments: #1 Text of Proposed Order (Clerk's Certificate of Default against Jaime Cruz-Herrera)) (Silver, David) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/8/2019 (km).
February 8, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney David Silver. RE-FILE Document No. #41 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): Please refer to ECF Rule 16.1. The request to enter default is no longer needed. Re-file the proposed clerk's certificate as one entry, then file the affidavit in support as a separate entry. (Filed under other answers, affidavit in support of a non-motion). (km)
February 7, 2019 Filing 40 LETTER addressed to Judge George B. Daniels from David C. Silver, Esq. dated February 7, 2019 re: Service of Proposed Orders Following February 7, 2019 Oral Argument. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong.(Silver, David)
February 7, 2019 Filing 39 PROPOSED ORDER. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. Related Document Number: #32 . (Silver, David) Proposed Order to be reviewed by Clerk's Office staff.
February 7, 2019 Filing 38 PROPOSED ORDER. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. Related Document Number: #13 . (Silver, David) Proposed Order to be reviewed by Clerk's Office staff.
February 7, 2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #38 Proposed Order #39 Proposed Order was reviewed and approved as to form. (km)
February 7, 2019 Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 2/7/2019 re: #28 Order on Motion for TRO,,,,,,,, Plaintiff Counsel: Michael Louis Braunstein, David C. SilverDefense Counsel: Jeremy Spence, pro se Court Reporter present. The initial conference is scheduled for April 4, 2019 at 9:30 a.m. (Vega, Elizabeth)
February 6, 2019 Opinion or Order Filing 37 ORDER GRANTING DAVID C. SILVER'S MOTION FOR ADMISSION PRO HAC VICE granting #24 Motion for David C. Silver to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 2/6/2019) (anc)
February 5, 2019 Opinion or Order Filing 36 MEMO ENDORSEMENT on re: #31 Letter, filed by Mitch Sterckx, Steven Koenig, Diana Vu, Cameron Pattison, Vitaliy Rudenko, Yew Hwee Ng, Roland Mawlabaux, Edmond Truong, Aivaras Cepelis, Manfred Lagemann, Thi Thanh Xuan Diana Vu. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 2/5/2019) (Responses due by 2/20/2019) (ks)
February 5, 2019 Filing 35 PROPOSED ORDER. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, David C. Silver, Mitch Sterckx, Edmond Truong. Related Document Number: #32 . (Silver, David) Proposed Order to be reviewed by Clerk's Office staff.
February 5, 2019 Filing 34 MEMORANDUM OF LAW in Support re: #32 MOTION to Expedite Discovery. . Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong. (Silver, David)
February 5, 2019 Filing 33 DECLARATION of David C. Silver in Support re: #32 MOTION to Expedite Discovery.. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong. (Silver, David)
February 5, 2019 Filing 32 MOTION to Expedite Discovery. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong.(Silver, David)
February 5, 2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #35 Proposed Order, was reviewed and approved as to form. (dt)
February 5, 2019 CASHIERS OFFICE REGISTRY DEPOSIT as per #28 Order on Motion for TRO, dated 01/17/2019, from Judge Judge George B. Daniels, received $1,000.00 from Manfred Lagemann Receipt Number 465401228150 on 02/05/2019. (jkr)
February 4, 2019 Filing 31 LETTER addressed to Judge George B. Daniels from David C. Silver, Esq. dated February 4, 2019 re: Request to Extend Plaintiffs Deadline to Respond to Motion to Dismiss. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong.(Silver, David)
February 4, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Louis Braunstein to RE-FILE Document #16 MOTION to Expedite Discovery from Defendant Jeremy Spence. 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)
January 28, 2019 Opinion or Order Filing 30 MEMO ENDORSEMENT on re: #29 Letter, filed by Mitch Sterckx, Steven Koenig, Diana Vu, Cameron Pattison, Vitaliy Rudenko, Yew Hwee Ng, Roland Mawlabaux, Edmond Truong, Aivaras Cepelis, Manfred Lagemann, Thi Thanh Xuan Diana Vu. ENDORSEMENT: SO ORDERED. The oral argument is adjourned to February 7, 2019 at 10:30 a.m. (Signed by Judge George B. Daniels on 1/28/2019) ( Oral Argument set for 2/7/2019 at 10:30 AM before Judge George B. Daniels.) (ks)
January 24, 2019 Filing 29 LETTER addressed to Judge George B. Daniels from David C. Silver, Esq. dated January 24, 2019 re: Request to Reschedule Preliminary Injunction Hearing. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong.(Silver, David)
January 24, 2019 Opinion or Order Filing 28 ORDER GRANTING TEMPORARY RESTRAINING ORDER WITHOUT NOTICE AGAINST DEFENDANT JEREMY SPENCE granting #13 Motion for TRO: Plaintiffs' Emergency Motion for Temporary Restraining Order against Defendant JEREMY SPENCE is GRANTED. 2. Defendant JEREMY SPENCE and his agents, servants, employees, attorneys, partners, successors, assigns, and all other persons or entities through which he/ they act (including COIN SIGNALS) or who act in active concert or participation with any of them, who receive actual notice of this Order by personal service or otherwise, whether acting directly or through any trust, business entity, corporation, subsidiary, division or other device, or any of them, are hereby temporarily restrained from withdrawing, transferring, or encumbering any assets currently held by, for, or on behalf of Defendant JEREMY SPENCE or any business entity through which he acts or which acts in active concert or participation with him; including but not limited to those assets currently held in: (1) any account maintained in the name of, by, or for COIN SIGNALS, (2) any account at any other financial institution, bank, trading exchange, or investment firm; and (3) any cryptocurrency wallet or cryptocurrency trading account they maintain or control. Pursuant to Fed.R.Civ.P. 65(c), requiring that security be posted by Plaintiffs, Plaintiffs shall post a nominal bond in the amount of One Thousand Dollars and Zero Cents ($1,000.00), as payment of damages to which Defendant JEREMY SPENCE may be entitled for a wrongful injunction or restraint. Pursuant to Fed.R.Civ.P. 65(6), Defendant JEREMY SPENCE shall appear on January 31, 2019 at 10:30 a.m. before United States District Judge George B. Daniels at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Courtroom 11A, New York, New York 10007-1312 for a hearing at which Defendant JEREMY SPENCE may show good cause why this Court should not enter a preliminary injunction, enjoining the violations of law alleged in Plaintiffs' Complaint and imposing such additional relief as the Court deems just and proper, pending final ruling on the claims asserted against Defendant JEREMY SPENCE, and as further set forth in this order. (Signed by Judge George B. Daniels on 1/24/2019) (jwh)
January 23, 2019 Filing 27 MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss / Notice of Motion. . Document filed by Emily Spence, Gerard Spence. (Attachments: #1 Exhibit A, GS Affidavit, #2 Exhibit B, EPS Affidavit)(Markov, Alexandra)
January 23, 2019 Filing 26 MOTION to Dismiss / Notice of Motion. Document filed by Emily Spence, Gerard Spence.(Markov, Alexandra)
January 22, 2019 Opinion or Order Filing 25 ORDER terminating #15 Motion to Serve. In light of Plaintiffs' Withdrawal of Motion for Leave to Serve Process by Electronic Means Upon Defendant Jeremy Spence, (ECF No. 23), the Clerk of Court is directed to close ECF No. 15, accordingly. (Signed by Judge George B. Daniels on 1/22/2019) (rro)
January 22, 2019 Filing 24 MOTION for David C. Silver to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David C. Silver. (Attachments: #1 Affidavit in support attaching Certificates of Good Standing, #2 Text of Proposed Order)(Silver, David)
January 22, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for David C. Silver to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
January 18, 2019 Filing 23 NOTICE of of Withdrawal of Motion for Leave to Serve Process by Electronic Means upon Defendant Jeremy Spence re: #15 FIRST MOTION to Serve .. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong. (Braunstein, Michael)
January 17, 2019 Filing 22 WAIVER OF SERVICE RETURNED EXECUTED. Jeremy Spence waiver sent on 1/15/2019, answer due 3/18/2019. Document filed by Cameron Pattison; Mitch Sterckx; Thi Thanh Xuan Diana Vu; Vitaliy Rudenko; Steven Koenig; Edmond Truong; Aivaras Cepelis; Manfred Lagemann; Yew Hwee Ng; Roland Mawlabaux. (Braunstein, Michael)
January 16, 2019 Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David C. Silver to Appear Pro Hac Vice as counsel for Plaintiffs. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David C. Silver. (Attachments: #1 Affidavit in support attaching Certificates of Good Standing, #2 Text of Proposed Order)(Silver, David) Modified on 1/16/2019 (ma).
January 16, 2019 Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David C. Silver to Appear Pro Hac Vice as counsel for Plaintiffs. Filing fee $ 200.00, receipt number BNYSDC-16198507. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David C. Silver. (Attachments: #1 Affidavit in support attaching Certificates of Good Standing)(Silver, David) Modified on 1/16/2019 (ma).
January 16, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #20 MOTION for David C. Silver to Appear Pro Hac Vice as counsel for Plaintiffs. Filing fee $ 200.00, receipt number BNYSDC-16198507. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): CERTIFICATE OF GOOD STANDING MUST BE ISSUED BY THE SUPREME COURT OF FLORIDA AND THE PROPOSED ORDER MUST BE ATTACHED AS WELL. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
January 16, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for David C. Silver to Appear Pro Hac Vice as counsel for Plaintiffs. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): PLEASE CALL THE HELPDESK AT 212.805.0800, BEFORE REFILING THE PHV MOTION. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ma)
January 11, 2019 Filing 19 SUMMONS RETURNED EXECUTED. Jaime Cruz-Herrera served on 1/2/2019, answer due 1/23/2019. Service was accepted by Patricia Garcia (Aunt). Document filed by Cameron Pattison; Mitch Sterckx; Thi Thanh Xuan Diana Vu; Vitaliy Rudenko; Steven Koenig; Edmond Truong; Aivaras Cepelis; Manfred Lagemann; Yew Hwee Ng; Roland Mawlabaux. (Braunstein, Michael)
January 11, 2019 Filing 18 SUMMONS RETURNED EXECUTED. Gerard Spence served on 1/2/2019, answer due 1/23/2019. Service was accepted by Gerard Spence. Document filed by Cameron Pattison; Mitch Sterckx; Thi Thanh Xuan Diana Vu; Vitaliy Rudenko; Steven Koenig; Edmond Truong; Aivaras Cepelis; Manfred Lagemann; Yew Hwee Ng; Roland Mawlabaux. (Braunstein, Michael)
January 11, 2019 Filing 17 SUMMONS RETURNED EXECUTED. Service was accepted by Emily Spence. Document filed by Cameron Pattison, Mitch Sterckx, Thi Thanh Xuan Diana Vu, Vitaliy Rudenko, Steven Koenig, Edmond Truong, Aivaras Cepelis, Manfred Lagemann, Yew Hwee Ng, Roland Mawlabaux. (Braunstein, Michael)
January 11, 2019 Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Expedite Discovery from Defendant Jeremy Spence. Document filed by Aivaras Cepelis, Thi Thanh Xuan Diana Vu, Yew Hwee Ng, Steven Koenig, Manfred Lagemann, Roland Mawlabaux, Cameron Pattison, Vitaliy Rudenko, Mitch Sterckx, Edmond Truong. (Attachments: #1 Affidavit of David C. Silver, #2 Supplement Memorandum of Law in support of Motion, #3 Text of Proposed Order)(Braunstein, Michael) Modified on 2/4/2019 (ldi).
January 11, 2019 Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Serve . Document filed by Manfred Lagemann. (Attachments: #1 Affidavit, #2 Supplement, #3 Text of Proposed Order)(Braunstein, Michael) Modified on 2/4/2019 (ldi).
January 11, 2019 Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,. Emily Spence served on 1/2/2019, answer due 1/23/2019. Service was accepted by Emily Spence. Document filed by Manfred Lagemann. (Attachments: #1 Affidavit Spence, #2 Affidavit Herrera)(Braunstein, Michael)
January 10, 2019 Filing 13 FILING ERROR - DEFICIENT DOCKET - FIRST MOTION for Temporary Restraining Order . Document filed by Manfred Lagemann. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Supplement)(Braunstein, Michael) Modified on 1/31/2019 (db).
January 3, 2019 Opinion or Order Filing 12 INITIAL PRETRIAL CONFERENCE: This case has been designated an electronic case and has been assigned to this Court for all purposes. Counsel for all parties are required to promptly register as filing "USERS" in accordance with the procedure for Electronic Case Filing. Counsel for all parties are hereby directed to attend a conference at the time and place fixed below, for the purpose of Case Management and scheduling pursuant to Fed. R. Civ. P. 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures, and to furnish chambers with a copy of any transmittal letter(s). If you are unaware of the identity of counsel for any of the parties, you must forthwith send a copy of the notice and rules to that party personally. An Initial pretrial conference will be held on Thursday, April 4, 2019 at 9:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 11A. So Ordered. (Initial Conference set for 4/4/2019 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/3/19) (yv)
December 28, 2018 Filing 11 ELECTRONIC SUMMONS ISSUED as to Jeremy Spence. (dnh)
December 28, 2018 Filing 10 ELECTRONIC SUMMONS ISSUED as to Jaime Cruz-Herrera. (dnh)
December 28, 2018 Filing 9 ELECTRONIC SUMMONS ISSUED as to Gerard Spence. (dnh)
December 28, 2018 Filing 8 ELECTRONIC SUMMONS ISSUED as to Emily Spence. (dnh)
December 28, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Louis Braunstein to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; Summons Request docket entry must list the party of record not the alias. 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. (dnh)
December 27, 2018 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to JEREMY SPENCE, re: #1 Complaint,. Document filed by Manfred Lagemann. (Braunstein, Michael)
December 27, 2018 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to JAIME CRUZ-HERRERA, re: #1 Complaint,. Document filed by Manfred Lagemann. (Braunstein, Michael)
December 27, 2018 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to GERARD SPENCE, re: #1 Complaint,. Document filed by Manfred Lagemann. (Braunstein, Michael)
December 27, 2018 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to EMILY SPENCE, re: #1 Complaint,. Document filed by Manfred Lagemann. (Braunstein, Michael)
December 27, 2018 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to BLACKXANTUS, re: #1 Complaint,. Document filed by Manfred Lagemann. (Braunstein, Michael) Modified on 12/28/2018 (dnh).
December 27, 2018 Filing 2 CIVIL COVER SHEET filed. (Braunstein, Michael)
December 27, 2018 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael Louis Braunstein. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh)
December 27, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Louis Braunstein. The party information for the following party/parties has been modified: MANFRED LAGEMANN ; STEVEN KOENIG ; MITCH STERCKX ; AIVARAS CEPELIS ; ROLAND MAWLABAUX ; CAMERON PATTISON ; THI THANH XUAN DIAN VU ; EDMOND TRUONG ; VITALIY RUDENKO; YEW HWEE NG ; JEREMY SPENCE ; JAIME CRUZ-HERRERA ; JOHN DOE NO. 1 a/k/a BLACKXANTUS ; GERARD SPENCE ; EMILY SPENCE. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party text was omitted; alias party name was entered incorrectly. (dnh)
December 27, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Louis Braunstein to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): Not all of the filers were selected for the pleading. Not all of the parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dnh)
December 27, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Louis Braunstein. The following case opening statistical information was erroneously selected/entered: Arbitration code v (Voluntary); Fee Status code due (due). The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the Fee Status code has been modified to pd (paid). (dnh)
December 27, 2018 Case Designated ECF. (dnh)
December 27, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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. (dnh)
December 27, 2018 Magistrate Judge Robert W. Lehrburger 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. (dnh)
December 26, 2018 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against JEREMY SPENCE. (Filing Fee $ 400.00, Receipt Number ANYSDC-16108556)Document filed by MANFRED LAGEMANN.(Braunstein, Michael) Modified on 12/27/2018 (dnh).

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Search for this case: Lagemann et al v. Spence et al
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Plaintiff: Manfred Lagemann
Represented By: Michael Louis Braunstein
Represented By: David C. Silver
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Plaintiff: Vitaliy Rudenko
Represented By: Michael Louis Braunstein
Represented By: David C. Silver
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Plaintiff: Mitch Sterckx
Represented By: Michael Louis Braunstein
Represented By: David C. Silver
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Plaintiff: Roland Mawlabaux
Represented By: Michael Louis Braunstein
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Plaintiff: Thi Thanh Xuan Diana Vu
Represented By: Michael Louis Braunstein
Represented By: David C. Silver
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Plaintiff: Edmond Truong
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Plaintiff: Aivaras Cepelis
Represented By: Michael Louis Braunstein
Represented By: David C. Silver
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Plaintiff: Yew Hwee Ng
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Plaintiff: Cameron Pattison
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Plaintiff: Steven Koenig
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Plaintiff: Diana Vu
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Plaintiff: Rick Rambo
Represented By: David C. Silver
Represented By: Erin Bullard
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Plaintiff: Jose Alberto Pimentel Quintas
Represented By: David C. Silver
Represented By: Erin Bullard
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Plaintiff: Peter Schidlowski
Represented By: David C. Silver
Represented By: Erin Bullard
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Plaintiff: Neill Grant
Represented By: David C. Silver
Represented By: Erin Bullard
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Plaintiff: Jason Grant
Represented By: David C. Silver
Represented By: Erin Bullard
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Plaintiff: Regal Patel
Represented By: David C. Silver
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Plaintiff: Jose Duarte Martins Vieira
Represented By: David C. Silver
Represented By: Erin Bullard
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Plaintiff: Andre Fino Viana
Represented By: David C. Silver
Represented By: Erin Bullard
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Plaintiff: Rip Bains
Represented By: David C. Silver
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Plaintiff: Daniel Truque
Represented By: David C. Silver
Represented By: Erin Bullard
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Plaintiff: Johnna Powell
Represented By: David C. Silver
Represented By: Erin Bullard
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Plaintiff: Jeremy Lee
Represented By: David C. Silver
Represented By: Erin Bullard
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Defendant: Jeremy Spence
Represented By: Paul W. Ryan
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Defendant: Emily Spence
Represented By: Alexandra F. Markov
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Defendant: Jaime Cruz-Herrera
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Defendant: John Doe No. 1
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Defendant: Gerard Spence
Represented By: Alexandra F. Markov
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Defendant: Blackxantus
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Not classified by court: David C. Silver
Represented By: David C. Silver
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Not classified by court: Erin Bullard
Represented By: Erin Bullard
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Not classified by court: David Bissinger
Represented By: Erin Bullard
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Intervenor plaintiff: Miguel Carmo
Represented By: Erin Bullard
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Intervenor plaintiff: Jose Quintas
Represented By: David C. Silver
Represented By: Erin Bullard
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