Zyppah, Inc. v. United Secured Capital, LLC et al
| Zyppah, Inc., Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc. and Zyppah, Inc. doing business as Zyppah |
| United Secured Capital, LLC, Ace Funding Source LLC, Green Note Capital Partners, Inc., Hanoch Guttman, Ace Funding Source, LLC, John Doe Companies 1 through 100, Merchant Advance, Gabriel Mann, Isaac Kassab, Jordan Campbell, Ace Funding Source, Henry Guttman, Albert Gindi, John and Jane Does 1 Through 100 and Green Note Capital Partners, Inc. doing business as Green Note Capital Partners, LLC doing business as Green Note Capital Partners doing business as Green Note Capital |
| 1:2019cv01158 |
| February 6, 2019 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Katharine H Parker |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 101 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Greenburg D.D.S. P.C., Jonathan Greenburg, Zyppah, Inc., Sleep Certified Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Klein, Justin) |
Filing 100
ORDER: It having been reported to this 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. (Signed by Judge Andrew L. Carter, Jr on 4/2/2020) (rj)
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| Terminate Transcript Deadlines (rj) |
| Filing 99 LETTER addressed to Judge Andrew L. Carter, Jr. from John D. Giampolo dated March 12, 2020 re: Joint Status Report. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc...(Giampolo, John) |
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Filing 98
ORDER. The Parties are hereby ORDERED to submit a Joint Status Report to the Court on or before Thursday, March 12, 2020. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/6/20) (yv)
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| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 2/5/2020. (ca) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Alan Jacques Sasson to RE-FILE Document #97 MOTION to Dismiss Plaintiffs' Amended Complaint., #92 MOTION to Quash Subpoenas . Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. NOTE: You must file a Motion first, then re-file (separately) and link the supporting documents. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John David Giampolo to RE-FILE Document #94 Memorandum of Law in Opposition to Motion, #95 Declaration in Opposition to Motion. ERROR(S): documents linked to filing error. (ldi) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Brian Ershowsky to RE-FILE Document #96 MOTION to Dismiss Amended Complaint. 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) |
| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 1/29/2020. (ca) |
| Filing 97 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Plaintiffs' Amended Complaint. Document filed by Green Note Capital Partners, Inc., Isaac Kassab, Gabriel Mann, United Secured Capital, LLC. Responses due by 2/18/2020 (Attachments: #1 Appendix Declaration of Alan J. Sasson, Esq., #2 Exhibit Exhibit A - Plaintiffs' Complaint, #3 Exhibit Exhibit B - Plaintiffs' Amended Complaint)(Sasson, Alan) Modified on 2/3/2020 (ldi). |
| Filing 96 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Amended Complaint. Document filed by Ace Funding Source LLC, Ace Funding Source, LLC, Hanoch Guttman, Merchant Advance. Responses due by 2/18/2020 (Attachments: #1 Memorandum of Law, #2 Declaration of Michael B. Ershowsky, #3 Exhibit Ex. A - Amended Complaint)(Ershowsky, Michael) Modified on 2/3/2020 (ldi). |
| Filing 95 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of John D. Giampolo in Opposition re: #92 MOTION to Quash Subpoenas .. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Attachments: #1 Exhibit A (April 30, 2019 Email), #2 Exhibit B (Subpoenas to Banks), #3 Exhibit C (Subpoena to Green Note), #4 Exhibit D (Subpoena to United Secured), #5 Exhibit E (Subpoena to Ace Funding), #6 Exhibit F (Subpoena to Merchant Advance))(Giampolo, John) Modified on 2/3/2020 (ldi). |
| Filing 94 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #92 MOTION to Quash Subpoenas . . Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Giampolo, John) Modified on 2/3/2020 (ldi). |
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Filing 93
ORDER. In advance of the upcoming settlement conference, Defendants shall convey a counter-offer to Plaintiff's offer of settlement. Defendants shall make this offer by no later than January 22, 2020. Defendants shall provide the Court in an ex parte letter information about their offer and the rationale for it. Such letter shall be filed by January 29, 2020. (Parker, Katharine)
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| Filing 92 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Quash Subpoenas . Document filed by Green Note Capital Partners, Inc., Isaac Kassab, Gabriel Mann, United Secured Capital, LLC. (Attachments: #1 Affidavit Alan J. Sasson's Declaration to Quash Plaintiffs' Subpoenas, #2 Exhibit Amended Complaint, #3 Exhibit Subpoenas)(Sasson, Alan) Modified on 2/3/2020 (ldi). |
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Filing 91
ORDER granting #88 Letter Motion for Extension of Time to File. The Court reluctantly grants the Green Note Defendants' request for an extension to file the moving brief for their motion to quash. The deadline is extended to January 9, 2020. No further extensions will be granted. Defendants are reminded that it is their responsibility to review the docket in advance of any conference with the Court and to comply with all Court deadlines. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 1/8/2020) (ks)
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| Set/Reset Deadlines: Motions due by 1/9/2020. (ks) |
| Filing 90 LETTER addressed to Magistrate Judge Katharine H. Parker from John D. Giampolo dated January 7, 2020 re: Response to January 7, 2020 letter motion. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc..(Giampolo, John) |
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Filing 89
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Wednesday, February 5, 2020 at 2:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Parties must attend in-person with their counsel. Plaintiff is directed to email a letter to the court by January 14, 2020 stating their counter demand to Defendant's last offer. To the extent that the Parties' wish to submit updated pre-conference submissions they must be received by the Court no later than January 29, 2020 by 5:00 p.m. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/7/2020) Settlement Conference set for 2/5/2020 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (ks)
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| Filing 88 LETTER MOTION for Extension of Time to File Moving Brief addressed to Magistrate Judge Katharine H. Parker from Alan J. Sasson dated January 7, 2020. Document filed by Green Note Capital Partners, Inc., Isaac Kassab, Gabriel Mann, United Secured Capital, LLC.(Sasson, Alan) |
| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 1/7/2020. (ca) |
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Filing 87
ORDER: The following order is entered: Settlement Conference. The settlement conference is hereby converted to a telephone conference on January 7, 2020 at 2:00 p.m. to determine a date when all parties can appear at a settlement conference in person. Counsel for the parties are directed to call Judge Parker's Chambers at the scheduled time with counsel for all parties on the line. Please dial 212-805-0234. Discovery. The parties are directed to proceed with discovery. Interim deadlines may be changed by agreement of the parties without application to the Court. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/2/2020) ( Telephone Conference set for 1/7/2020 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (ks)
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| Filing 86 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a initial pretrial conference proceeding held on 12/16/2019 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro) |
| Filing 85 TRANSCRIPT of Proceedings re: Initial Pretrial Conference held on 12/16/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/21/2020. Redacted Transcript Deadline set for 1/30/2020. Release of Transcript Restriction set for 3/30/2020.(rro) |
| Filing 84 LETTER addressed to Magistrate Judge Katharine H. Parker from John D. Giampolo dated December 27, 2019 re: Response to Defendants December 27, 2019 letters. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc..(Giampolo, John) |
| Filing 83 SECOND LETTER addressed to Magistrate Judge Katharine H. Parker from Michael B. Ershowsky dated December 27, 2019 re: Settlement Conference. Document filed by Ace Funding Source LLC, Ace Funding Source, LLC, Hanoch Guttman.(Ershowsky, Michael) |
| Filing 82 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Counsel for the Defendants dated December 27, 2019 re: Discovery Deadlines. Document filed by Ace Funding Source LLC, Ace Funding Source, LLC, Hanoch Guttman.(Ershowsky, Michael) |
| Filing 81 MEMO ENDORSEMENT on re: #80 Letter, filed by Isaac Kassab, Gabriel Mann, United Secured Capital, LLC, Green Note Capital Partners, Inc. ENDORSEMENT: The settlement conference in this matter currently scheduled for Monday, December 30, 2019 at 10:00 a.m. is rescheduled to Tuesday, January 7, 2020 at 2:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Parties must attend in-person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with Judge Parkers Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than Tuesday, January 31, 2019 by 5:00 p.m. ( Settlement Conference set for 1/7/2020 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/18/2019) (mro) |
| Filing 80 LETTER addressed to Magistrate Judge Katharine H. Parker from Alan J. Sasson dated December 17, 2019 re: Defendants' Availability to attend a Settlement Conference on December 30, 2019. Document filed by Green Note Capital Partners, Inc., Isaac Kassab, Gabriel Mann, United Secured Capital, LLC.(Sasson, Alan) |
| Filing 79 LETTER addressed to Magistrate Judge Katharine H. Parker from Michael B. Ershowsky dated December 17, 2019 re: Availability for Settlement Conference. Document filed by Ace Funding Source LLC, Ace Funding Source, LLC, Hanoch Guttman, Merchant Advance.(Ershowsky, Michael) |
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Filing 78
SCHEDULING ORDER: Amended Pleadings due by 2/12/2020. Joinder of Parties due by 2/12/2020. Motions due by 1/21/2020. Responses due by 2/18/2020. Replies due by 3/3/2020. The Green Note Defendants' moving brief, if any, is due by January 6, 2020. Plaintiffs' opposition, if any, is due by January 20, 2020. There will be no reply. Fact Discovery due by 4/27/2020. Expert Discovery due by 5/29/2020. The LLC Defendants will file a letter to inform the Court as to the citizenship of their members by December 30, 2019. Settlement Conference set for 12/30/2019 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than December 23, 2019 at 5:00 p.m. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/16/19) (yv)
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| Filing 77 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Pretrial Conference held on 12/16/2019 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca) |
| NOTICE TO THE PARTIES' - Reminder of the Initial Conference scheduled for 12/16/2019 at 11:30 AM in Courtroom 17D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker re: #75 Order for Initial Pretrial Conference. (ca) |
| Filing 76 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc..(Giampolo, John) |
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Filing 75
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 12/16/2019 at 11:30 AM in Courtroom 17D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker, and as further set forth in this Order. So ordered. (Signed by Magistrate Judge Katharine H. Parker on 11/7/2019) (rjm)
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Filing 74
ORDER OF REFERENCE: 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) and Specific Non-Dispositive Motion/Dispute: ECF Nos. 57,63. Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/06/2019) (ama)
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Filing 73
OPINION AND ORDER: re: #63 LETTER MOTION for Conference in Anticipation of Motion to Quash addressed to Judge Andrew L. Carter, Jr. from Alan J. Sasson dated 05/05/2019. filed by Isaac Kassab, Gabriel Mann, United Secured Capital, LLC, Green Note Capital Partners, Inc., #57 LETTER MOTION for Conference in Anticipation of Motion to Quash addressed to Judge Andrew L. Carter, Jr. from Michael B. Ershowsky dated May 2, 2019. filed by Ace Funding Source, LLC, Hanoch Guttman, Ace Funding Source LLC, Merchant Advance. For the reasons set forth by the Court, Plaintiffs' motion for appointment of a receiver is DENIED. Accordingly, Plaintiffs' requests for an evidentiary hearing and a conference on the receiver motion are DENIED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/06/2019) (ama)
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| Filing 72 LETTER addressed to Judge Andrew L. Carter, Jr. from Louis T. DeLucia dated October 17, 2019 re: requesting a conference. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc..(Delucia, Louis) |
| Filing 71 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/6/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 70 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/6/2019 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/19/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/27/2019.(McGuirk, Kelly) |
| Filing 69 LETTER addressed to Judge Andrew L. Carter, Jr. from Louis T. DeLucia dated May 21, 2019 re: in further support of Plaintiffs' request for an evidentiary hearing on the Receiver Motion. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Delucia, Louis) |
| Filing 68 STATUS REPORT. addressed to Judge Andrew L. Carter, Jr. following the May 6, 2019 Order to Show Cause Hearing Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc..(Delucia, Louis) |
| Filing 67 LETTER addressed to Judge Andrew L. Carter, Jr. from Michael B. Ershowsky and Alan J. Sasson dated May 13, 2019 re: Status Report. Document filed by Ace Funding Source LLC, Ace Funding Source, LLC, Hanoch Guttman, Merchant Advance.(Ershowsky, Michael) |
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Filing 66
ORDER: As discussed in the May 6, 2019 proceeding, the parties should submit a Joint Status Report to the Court by May 13, 2019 indicating the following: 1) the progress of the parties' settlement discussions; 2) if the parties need additional time to further settlement discussions; 3) if the parties wish for the Court to refer the case for mediation to the Court annexed Mediation Program; 4) if the parties wish for the Court to refer the case to a Magistrate Judge; 5) any party's intention to file a motion to transfer; and, if necessary, 6) a proposed briefing schedule for the motion to transfer. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/6/2019) (ks)
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| Filing 65 DECLARATION of Louis T. Delucia in Support re: #39 Order to Show Cause,,, #60 Reply Memorandum of Law in Support, #48 Declaration in Support, #47 Memorandum of Law in Support. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Delucia, Louis) |
| Filing 64 NOTICE OF APPEARANCE by Jason Frederick Lowe on behalf of Green Note Capital Partners, Inc., Isaac Kassab, Gabriel Mann, United Secured Capital, LLC. (Lowe, Jason) |
| Filing 63 LETTER MOTION for Conference in Anticipation of Motion to Quash addressed to Judge Andrew L. Carter, Jr. from Alan J. Sasson dated 05/05/2019. Document filed by Green Note Capital Partners, Inc., Isaac Kassab, Gabriel Mann, United Secured Capital, LLC. (Attachments: #1 Exhibit Green Note Subpoena, #2 Exhibit United Capital Subpoena, #3 Errata Isaac Kassab Subpoena)(Sasson, Alan) |
| Filing 62 DECLARATION of Syed S. Junaidi in Support re: #39 Order to Show Cause,,, #48 Declaration in Support, #60 Reply Memorandum of Law in Support, #47 Memorandum of Law in Support. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Giampolo, John) |
| Filing 61 DECLARATION of John D. Giampolo in Support re: #39 Order to Show Cause,,, #60 Reply Memorandum of Law in Support, #48 Declaration in Support, #47 Memorandum of Law in Support. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Giampolo, John) |
| Filing 60 REPLY MEMORANDUM OF LAW in Support re: #39 Order to Show Cause,,, #48 Declaration in Support, #47 Memorandum of Law in Support . Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Delucia, Louis) |
| Filing 59 AFFIDAVIT of Derick A. Martin re: #39 Order to Show Cause,,, Affidavit of Attempted Service of Subpoenas on Ace Funding Source LLC and Merchant Advance. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Giampolo, John) |
| Filing 58 MEMORANDUM OF LAW in Opposition to Order to Show Cause for Appointment of a Receiver. Document filed by Green Note Capital Partners, Inc., Isaac Kassab, Gabriel Mann, United Secured Capital, LLC. (Sasson, Alan) |
| Filing 57 LETTER MOTION for Conference in Anticipation of Motion to Quash addressed to Judge Andrew L. Carter, Jr. from Michael B. Ershowsky dated May 2, 2019. Document filed by Ace Funding Source LLC, Ace Funding Source, LLC, Hanoch Guttman, Merchant Advance. (Attachments: #1 Exhibit Ace Subpoena, #2 Exhibit Merchant Advance Subpoena)(Ershowsky, Michael) |
| Filing 56 MEMORANDUM OF LAW in Opposition to Order to Show Cause for Appointment of a Receiver. Document filed by Ace Funding Source LLC, Ace Funding Source, LLC, Hanoch Guttman, Merchant Advance. (Ershowsky, Michael) |
| Filing 55 DECLARATION of Henry Guttman in Opposition. Document filed by Ace Funding Source LLC, Ace Funding Source, LLC, Hanoch Guttman, Merchant Advance. (Ershowsky, Michael) |
| Filing 54 DECLARATION of Michael B. Ershowsky, Esq. in Opposition re: #39 Order to Show Cause,,,. Document filed by Ace Funding Source LLC, Ace Funding Source, LLC, Hanoch Guttman, Merchant Advance. (Attachments: #1 Exhibit Entity Info, #2 Exhibit Ace Severance Order, #3 Exhibit ML Severance Order, #4 Exhibit ML Motion, #5 Exhibit Joffrey Order)(Ershowsky, Michael) |
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Filing 53
ORDER granting #52 Letter Motion for Extension of Time to File Response/Reply; granting #52 Letter Motion for Extension of Time. On April 29, 2019 Defendants' counsel filed a letter motion requesting an extension of time to respond to the Court's April 17, 2019 Order to Show Cause. See ECF Nos. 39, 52. The request is GRANTED and the Court sets the following revised briefing schedule: Defendants' Response to Order to Show Cause: May 2, 2019. Plaintiffs' Reply, if any: May 4, 2019. The Court is also in receipt of Defendants' letter motions requesting a pre-motion conference in anticipation of its motion to dismiss (ECF Nos. 37, 49) and Plaintiffs' response in opposition. ECF No. 51. Accordingly, the parties should be prepared to discuss the issues raised in Defendants' pre-motion conference letter during the hearing in this matter scheduled for May 6, 2019 at 10:00 a.m. in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY. SO ORDERED. (Responses due by 5/2/2019, Replies due by 5/4/2019.) (Signed by Judge Andrew L. Carter, Jr on 4/29/2019) (jca)
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| Filing 52 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #39 Order to Show Cause,,, addressed to Judge Andrew L. Carter, Jr. from Alan J. Sasson dated April 29, 2019., FIRST LETTER MOTION for Extension of Time to Adjourn Return date of Plaintiffs' Order to Show Cause for Appointment of Receiver addressed to Judge Andrew L. Carter, Jr. from Alan J. Sasson dated April 29, 2019.( Return Date set for 5/6/2019 at 10:00 AM.) Document filed by Green Note Capital Partners, Inc., Isaac Kassab, Gabriel Mann, United Secured Capital, LLC.(Sasson, Alan) |
| Filing 51 RESPONSE re: #49 SECOND LETTER MOTION for Conference re: #24 Amended Complaint,,,, in Anticipation of Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Alan J. Sasson dated April 23, 2019. . Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Attachments: #1 Exhibit A)(Delucia, Louis) |
| Filing 50 NOTICE of Compliance with Court's April 17, 2019 Order to Show Cause for Appointment of Receiver re: #39 Order to Show Cause,,,. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Giampolo, John) |
| Filing 49 SECOND LETTER MOTION for Conference re: #24 Amended Complaint,,,, in Anticipation of Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Alan J. Sasson dated April 23, 2019. Document filed by Green Note Capital Partners, Inc., Isaac Kassab, Gabriel Mann, United Secured Capital, LLC.(Sasson, Alan) |
| Filing 48 DECLARATION of JERRY WASHBURN in Support re: #39 Order to Show Cause,,,. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Delucia, Louis) |
| Filing 47 MEMORANDUM OF LAW in Support re: #39 Order to Show Cause,,, . Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Delucia, Louis) |
| Filing 46 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Jordan Campbell served on 4/10/2019, answer due 5/1/2019. Service was accepted by Isaac Kassab, co-worker to Albert Gindi. Document filed by Greenburg D.D.S. P.C.; Jonathan Greenburg; Zyppah, Inc.; Sleep Certified Inc.. (Giampolo, John) |
| Filing 45 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Isaac Kassab served on 4/10/2019, answer due 5/1/2019. Service was accepted by Isaac Kassab. Document filed by Greenburg D.D.S. P.C.; Jonathan Greenburg; Zyppah, Inc.; Sleep Certified Inc.. (Giampolo, John) |
| Filing 44 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Hanoch Guttman served on 4/10/2019, answer due 5/1/2019. Service was accepted by Sara Fuchs, Receptionist. Document filed by Greenburg D.D.S. P.C.; Jonathan Greenburg; Zyppah, Inc.; Sleep Certified Inc.. (Giampolo, John) |
| Filing 43 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Gabriel Mann served on 4/10/2019, answer due 5/1/2019. Service was accepted by Isaac Kassab, co-worker to Albert Gindi. Document filed by Greenburg D.D.S. P.C.; Jonathan Greenburg; Zyppah, Inc.; Sleep Certified Inc.. (Giampolo, John) |
| Filing 42 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Albert Gindi served on 4/10/2019, answer due 5/1/2019. Service was accepted by Isaac Kassab, co-worker to Albert Gindi. Document filed by Greenburg D.D.S. P.C.; Jonathan Greenburg; Zyppah, Inc.; Sleep Certified Inc.. (Giampolo, John) |
| Filing 41 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Merchant Advance served on 4/10/2019, answer due 5/1/2019. Service was accepted by Sara Fuchs, Receptionist. Document filed by Greenburg D.D.S. P.C.; Jonathan Greenburg; Zyppah, Inc.; Sleep Certified Inc.. (Giampolo, John) |
| Filing 40 RESPONSE re: #37 SECOND LETTER MOTION for Conference re: #24 Amended Complaint,,,, in Anticipation of Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Michael B. Ershowsky dated April 17, 2019. . Document filed by Zyppah, Inc.. (Delucia, Louis) |
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Filing 39
ORDER TO SHOW CAUSE: The above-named Defendants are hereby ORDERED to appear and show cause on the 6th day of May, 2019 at 10 a.m. in Courtroom 1306 at the Thurgood Marshall United States District Court, 40 Foley Square, New York, NY 10007 as to why a receiver should not be appointed over the assets of Defendants Ace Funding Source, LLC a/k/a Ace Funding Source; United Secured Capital, LLC; Green Note Capital Partners, Inc. a/k/a Green Note Capital Partners, LLC, Green Note Capital Partners, and Green Note Capital; and Merchant Advance; and as further set forth in this Order. SO ORDERED. Show Cause Hearing set for 5/6/2019 at 10:00 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 4/17/2019) (kv)
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| Filing 38 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Greenburg D.D.S. P.C., Sleep Certified Inc..(Delucia, Louis) |
| Filing 37 SECOND LETTER MOTION for Conference re: #24 Amended Complaint,,,, in Anticipation of Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Michael B. Ershowsky dated April 17, 2019. Document filed by Ace Funding Source LLC, Ace Funding Source, LLC, Hanoch Guttman, Merchant Advance.(Ershowsky, Michael) |
| Filing 36 ELECTRONIC SUMMONS ISSUED as to Merchant Advance. (jgo) |
| Filing 35 ELECTRONIC SUMMONS ISSUED as to Jordan Campbell. (jgo) |
| Filing 34 ELECTRONIC SUMMONS ISSUED as to Isaac Kassab. (jgo) |
| Filing 33 ELECTRONIC SUMMONS ISSUED as to Hanoch Guttman. (jgo) |
| Filing 32 ELECTRONIC SUMMONS ISSUED as to Gabriel Mann. (jgo) |
| Filing 31 ELECTRONIC SUMMONS ISSUED as to Albert Gindi. (jgo) |
| Filing 30 REQUEST FOR ISSUANCE OF SUMMONS as to Merchant Advance, re: #24 Amended Complaint,,,,. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Delucia, Louis) |
| Filing 29 REQUEST FOR ISSUANCE OF SUMMONS as to Jordan Campbell, re: #24 Amended Complaint,,,,. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Delucia, Louis) |
| Filing 28 REQUEST FOR ISSUANCE OF SUMMONS as to Isaac Kassab, re: #24 Amended Complaint,,,,. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Delucia, Louis) |
| Filing 27 REQUEST FOR ISSUANCE OF SUMMONS as to Hanoch Guttman a/k/a Henry Guttman, re: #24 Amended Complaint,,,,. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Delucia, Louis) |
| Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to Gabriel Mann, re: #24 Amended Complaint,,,,. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Delucia, Louis) |
| Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to Albert Gindi, re: #24 Amended Complaint,,,,. Document filed by Jonathan Greenburg, Greenburg D.D.S. P.C., Sleep Certified Inc., Zyppah, Inc.. (Delucia, Louis) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Louis Thomas Delucia. The party information for the following party/parties has been modified: John and Jane Does Nos. 1-100. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
| Filing 24 AMENDED COMPLAINT amending #10 Complaint against Jordan Campbell, John and Jane Does Nos. 1-100, Albert Gindi, Hanoch Guttman, John Doe Companies 1 through 100, Isaac Kassab, Gabriel Mann, Merchant Advance, United Secured Capital, LLC, Ace Funding Source, LLC, Green Note Capital Partners, Inc. with JURY DEMAND.Document filed by Zyppah, Inc., Sleep Certified Inc., Greenburg D.D.S. P.C., Jonathan Greenburg. Related document: #10 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 (1 of 3), #9 Exhibit 8 (2 of 3), #10 Exhibit 8 (3 of 3), #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11 (1 of 2), #14 Exhibit 11 (2 of 2), #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29)(Delucia, Louis) |
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Filing 23
ORDER denying without prejudice as moot #20 Letter Motion for Conference. In light of Plaintiff's Amended Complaint, ECF No. 22, Defendants United Secured Capital LLC and Green Note Capital Partners, Inc's request for leave to file a motion to dismiss, ECF No. 20, is denied without prejudice as moot. The Court's previous briefing schedule set for Defendant Ace Funding Source's motion to dismiss is also terminated as moot. Defendants United Secured, Green note, and Ace Funding Source may renew their requests for leave to file a motion to dismiss should they deem it necessary after review of the Amended Complaint. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/4/2019) (ne)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Louis Thomas Delucia to RE-FILE re: Document No. #22 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; Sleep Certified Inc, Greenburg D.D.S. P.C., Jonathan Greenburg, Green Note Capital Partners, Inc. (with aliases), and Ace Funding Source, LLC (with alias) must all be added to the case; the wrong filers were selected for the pleading; the wrong parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. *DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS* 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. (pne) |
| Filing 22 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #10 Complaint against Ace Funding Source LLC, Green Note Capital Partners, Inc., United Secured Capital, LLC, Hanoch Guttman, Merchant Advance, Gabriel Mann, Isaac Kassab, Albert Gindi, Jordan Campbell, John and Jane Does Nos. 1-100, John Doe Companies 1 through 100 with JURY DEMAND.Document filed by Zyppah, Inc.. Related document: #10 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 (1 of 3), #9 Exhibit 8 (2 of 3), #10 Exhibit 8 (3 of 3), #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11 (1 of 2), #14 Exhibit 11 (2 of 2), #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29)(Delucia, Louis) Modified on 4/4/2019 (pne). |
| Filing 21 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Justin E. Klein dated March 22, 2019 re: #20 LETTER MOTION for Conference in Anticipation of Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Alan J. Sasson dated 03/19/2019. . Document filed by Zyppah, Inc.. (Klein, Justin) |
| Filing 20 LETTER MOTION for Conference in Anticipation of Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Alan J. Sasson dated 03/19/2019. Document filed by Green Note Capital Partners, Inc., United Secured Capital, LLC.(Sasson, Alan) |
| Filing 19 NOTICE OF APPEARANCE by Alan Jacques Sasson on behalf of Green Note Capital Partners, Inc., United Secured Capital, LLC. (Sasson, Alan) |
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Filing 18
AMENDED ORDER re: #14 LETTER MOTION for Conference in Anticipation of Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Michael B. Ershowsky dated March 12, 2019. filed by Ace Funding Source LLC, #16 Response to Motion, filed by Zyppah, Inc., #17 Order on Motion for Conference. The Court is in receipt of parties' pre-motion conference letters. ECF Nos. 14, 16. Defendant Ace Funding Sauce's request for leave to file a motion to dismiss is GRANTED. ECF No. 14. Defendant's motion must be filed by April 15, 2019; Plaintiff's opposition by May 6, 2019; and Defendant's reply, if any, by May 13, 2019. The Clerk of the Court is requested to terminate ECF No. 17. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/18/2019) ( Motions due by 4/15/2019., Responses due by 5/6/2019, Replies due by 5/13/2019.) (ks)
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Filing 17
ORDER granting #14 Letter Motion for Conference. The Court is in receipt of parties' pre-motion conference letters. ECF Nos. 14, 16. Defendants' request for leave to file a motion to dismiss is GRANTED. ECF No. 14. Defendants' motion must be filed by April 15, 2019; Plaintiffs opposition by May 6, 2019; and Defendants' reply, if any, by May 13, 2019. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/18/2019) (ks)
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| Set/Reset Deadlines: Motions due by 4/15/2019. Responses due by 5/6/2019 Replies due by 5/13/2019. (ks) |
| Filing 16 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Justin E. Klein dated March 15, 2019 re: #14 LETTER MOTION for Conference in Anticipation of Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Michael B. Ershowsky dated March 12, 2019. . Document filed by Zyppah, Inc.. (Attachments: #1 Exhibit A - Email from Sasson)(Klein, Justin) |
| Filing 15 NOTICE OF APPEARANCE by Justin Evan Klein on behalf of Zyppah, Inc.. (Klein, Justin) |
| Filing 14 LETTER MOTION for Conference in Anticipation of Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Michael B. Ershowsky dated March 12, 2019. Document filed by Ace Funding Source LLC.(Ershowsky, Michael) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. Ace Funding Source LLC served on 2/19/2019, answer due 3/12/2019. Service was accepted by Mike Bush, Administrative Assistant. Document filed by Zyppah, Inc.. (Giampolo, John) |
| Filing 12 CERTIFICATE OF SERVICE of Summons and Complaint. United Secured Capital, LLC served on 2/12/2019, answer due 3/5/2019. Service was accepted by Gabriel Mann, Owner. Document filed by Zyppah, Inc.. (Giampolo, John) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Green Note Capital Partners, Inc. served on 2/12/2019, answer due 3/5/2019. Service was accepted by Gabriel Mann, Owner. Document filed by Zyppah, Inc.. (Giampolo, John) |
| Filing 10 COMPLAINT against Ace Funding Source LLC, Green Note Capital Partners, Inc., United Secured Capital, LLC. Document filed by Zyppah, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Giampolo, John) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Green Note Capital Partners, Inc.. (dnh) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to United Secured Capital, LLC. (dnh) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Ace Funding Source LLC. (dnh) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Green Note Capital Partners, Inc., re: #1 Complaint. Document filed by Zyppah, Inc.. (Giampolo, John) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to United Secured Capital, LLC, re: #1 Complaint. Document filed by Zyppah, Inc.. (Giampolo, John) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Ace Funding Source LLC, re: #1 Complaint. Document filed by Zyppah, Inc.. (Giampolo, John) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Zyppah, Inc..(Giampolo, John) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John David Giampolo. The party information for the following party/parties has been modified: United Secured Capital, LLC ; Ace Funding Source LLC ; Green Note Capital Partners, Inc. ; Zyppah, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted; party text entered errorneously. (dnh) |
| 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. (dnh) |
| Case Designated ECF. (dnh) |
| Magistrate Judge Katharine H. Parker 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John David Giampolo to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; Select multiple parties by holding the 'CTRL' button. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John David Giampolo. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1330; Citizenship Plaintiff code 2 (Citizen of Another State); Citizenship Defendant code 1 (Citizen of This State); County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the County code has been modified to XX Out of State. (dnh) |
| Filing 2 CIVIL COVER SHEET filed. (Giampolo, John) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-16307069)Document filed by Zyppah, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Giampolo, John) Modified on 2/7/2019 (dnh). |
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