Ash v. Maglan Capital Holdings LLC et al
Isaac E. Ash |
Maglan Capital Holdings LLC, David D. Tawil, Joseph J Sitt, Shlomo Azarbad, Maglan Distressed Fund LP and Maglan Capital LP |
1:2019cv05650 |
June 18, 2019 |
US District Court for the Southern District of New York |
Paul A Engelmayer |
Securities/Commodities |
15 U.S.C. § 77 |
Plaintiff |
Docket Report
This docket was last retrieved on April 6, 2021. A more recent docket listing may be available from PACER.
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Filing 91 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, with prejudice 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 Isaac E. Ash. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Whalen, Ryan) |
Terminate Transcript Deadlines (km) |
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Filing 89 JOINT LETTER MOTION for Extension of Time to File and Notice of Settlement addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated March 26, 2021. Document filed by Isaac E. Ash..(Whalen, Ryan) |
Set/Reset Deadlines: Motions due by 4/5/2021. Pretrial Order due by 4/5/2021. Responses due by 4/7/2021 (jca) |
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Set/Reset Deadlines: Responses due by 4/1/2021 (jca) |
Filing 85 LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated March 19, 2021. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
Filing 84 DECLARATION of David D Tawil in Opposition re: #65 MOTION for Partial Summary Judgment .. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil. (Attachments: #1 Exhibit Purchase records of MDLNF shares, #2 Exhibit SEDI files, #3 Exhibit newsletter 11 10 14, #4 Exhibit newsletter 10 16 13, #5 Exhibit newsletter 6 16 16, #6 Exhibit letter 2 7 19, #7 Exhibit resolution 4 7 19, #8 Exhibit agreement 4 2 19, #9 Exhibit LPA, #10 Errata email 12 4 14, #11 Exhibit email 3 27 15, #12 Exhibit bloomberg screen).(Orel, Stephen) |
Filing 83 MEMORANDUM OF LAW in Opposition re: #65 MOTION for Partial Summary Judgment . . Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil. (Attachments: #1 Exhibit SEC Brief in Longfin).(Orel, Stephen) |
Filing 82 RESPONSE in Opposition to Motion re: #65 MOTION for Partial Summary Judgment . . Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
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Filing 80 LETTER MOTION for Leave to File Exhibit in Support of Motion for Summary Judgment addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated March 3, 2021. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 30 - Defendants' Responses to Plaintiff's Requests for Admission).(Whalen, Ryan) |
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Filing 77 JOINT LETTER addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated 3/1/2021 re: Remote Trial Procedure. Document filed by Isaac E. Ash..(Whalen, Ryan) |
Filing 76 LETTER MOTION for Extension of Time to File Response/Reply as to #64 Order, Set Deadlines/Hearings,,,,,,,,,,,,,, #68 Declaration in Support of Motion, #74 Rule 56.1 Statement, #71 Memorandum of Law in Support of Motion, #69 Declaration in Support of Motion, #67 Declaration in Support of Motion,, #65 MOTION for Partial Summary Judgment ., #72 Declaration in Support of Motion, #75 Declaration in Support of Motion, #73 Memorandum of Law in Support of Motion, #70 Declaration in Support of Motion, #66 Declaration in Support of Motion, addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated March 1, 2021. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
Set/Reset Deadlines: Motions due by 3/26/2021. Pretrial Order due by 3/26/2021. Responses due by 3/31/2021 (jca) |
Filing 75 DECLARATION of Ryan J. Whalen, Esq. in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 16 - Centaurus April 2020 Presentation).(Whalen, Ryan) |
Filing 74 RULE 56.1 STATEMENT. Document filed by Isaac E. Ash..(Whalen, Ryan) |
Filing 73 MEMORANDUM OF LAW in Support re: #65 MOTION for Partial Summary Judgment . . Document filed by Isaac E. Ash..(Whalen, Ryan) |
Filing 72 DECLARATION of Ryan J. Whalen, Esq. in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 27 - 4/8/16 Maglan Letter, #2 Exhibit 28 - No Action Letter, #3 Exhibit 29 - Plaintiff's First Document Response).(Whalen, Ryan) |
Filing 71 MEMORANDUM OF LAW in Support re: #65 MOTION for Partial Summary Judgment . . Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 20 - 3/25/20 Centaurus Press Release, #2 Exhibit 21 - Emails, #3 Exhibit 22 - Emails, #4 Exhibit 23 - Emails, #5 Exhibit 24 - Emails, #6 Exhibit 25 - Emails, #7 Errata 26 - Emails).(Whalen, Ryan) |
Filing 70 DECLARATION of Ryan J. Whalen, Esq. in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 18 - Amended and Restated Convertible Loan Agreement, #2 Exhibit 19 - Centaurus Annual Information Form YE 12/31/19).(Whalen, Ryan) |
Filing 69 DECLARATION of Ryan J. Whalen, Esq. in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 17 - 1/24/17 Maglan Letter).(Whalen, Ryan) |
Filing 68 DECLARATION of Ryan J. Whalen, Esq. in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 15 - Early Warning Report).(Whalen, Ryan) |
Filing 67 DECLARATION of Ryan J. Whalen in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 6 - Maglan Form D, #2 Exhibit 7- Maglan Subscription Documents, #3 Exhibit 8 - Maglan Private Placement Memorandum, #4 Exhibit 9 - 12/8/14 Maglan Letter, #5 Exhibit 10 - 1/16/15 Maglan Letter, #6 Exhibit 11- 1/26/15 Press Release, #7 Exhibit 12 - Olshan Release, #8 Exhibit 13 - 2/11/15 Maglan Letter, #9 Exhibit 14 - 3/11/16 Maglan Letter).(Whalen, Ryan) |
Filing 66 DECLARATION of Ryan J. Whalen, Esq. in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Answer, #3 Exhibit 3 - S. Azarbad Dep. Transcript, #4 Exhibit 4 - D. Tawil Dep. Transcript, #5 Exhibit 5 -I. Ash Deposition Transcript).(Whalen, Ryan) |
Filing 65 MOTION for Partial Summary Judgment . Document filed by Isaac E. Ash. Responses due by 3/5/2021.(Whalen, Ryan) |
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Filing 62 LETTER addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated 2/19/2021 re: Trial dates and procedure. Document filed by Isaac E. Ash..(Whalen, Ryan) |
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Filing 60 LETTER addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated 2.16.21 re: Update on settlement. Document filed by Isaac E. Ash..(Whalen, Ryan) |
Filing 59 LETTER addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated February 9, 2021 re: Waiver of Jury Trial. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephonic Pre-Motion Conference held on 2/8/2021. (ajs) |
Filing 58 LETTER MOTION for Leave to File letter-motion for leave to file motion for partial summary judgment addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated 2/5/2021. Document filed by Isaac E. Ash..(Whalen, Ryan) |
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Filing 56 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/6/20 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 55 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/6/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Carol Ganley, (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 2/24/2021. Redacted Transcript Deadline set for 3/8/2021. Release of Transcript Restriction set for 5/4/2021..(McGuirk, Kelly) |
Set/Reset Deadlines: Responses due by 2/5/2021 (jwh) |
Filing 54 LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated January 22, 2021. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
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Filing 52 PROPOSED SCHEDULING ORDER. Document filed by Isaac E. Ash..(Whalen, Ryan) |
Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Settlement Conference held telephonically on 11/4/2020. No settlement was achieved. (Potter, Elizabeth) |
Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: The settlement conference scheduled for October 28, 2020 was adjourned to November 4, 2020 at 2:30 p.m. (Potter, Elizabeth) |
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Set/Reset Hearings: Telephone Conference set for 10/28/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox. (jca) Modified on 10/19/2020 (jca). |
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Filing 48 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Stephen H. Orel dated October 6, 2020. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
Set/Reset Hearings: Settlement Conference set for 10/29/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox. (va) |
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Filing 46 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Stephen H. Orel dated October 5, 2020. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
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Filing 40 PROPOSED SCHEDULING ORDER. Document filed by Isaac E. Ash. (Attachments: #1 Text of Proposed Order).(Whalen, Ryan) |
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Set/Reset Deadlines: Deposition due by 6/30/2020. Expert Discovery due by 8/15/2020. Fact Discovery due by 6/30/2020. Set/Reset Hearings: Case Management Conference set for 7/30/2020 at 10:00 AM before Judge Paul A. Engelmayer. (jwh) |
Filing 38 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated 3.31.30., LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated 3.31.30. Document filed by Isaac E. Ash. (Attachments: #1 Text of Proposed Order).(Whalen, Ryan) |
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Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 10/29/2019. Ryan Whalen present for Plaintiff. Stephen Orel present for Defendants. (ajs) |
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Filing 32 JOINT LETTER addressed to Judge Paul A. Engelmayer from Ryan J. Whalen, counsel for Plaintiff dated 10/23/19 re: Joint Letter in re Initial Pretrial Conference. Document filed by Isaac E. Ash.(Whalen, Ryan) |
Filing 31 PROPOSED CASE MANAGEMENT PLAN. Document filed by Isaac E. Ash. (Whalen, Ryan) |
Filing 30 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and upon agreement of counsel for all parties, Plaintiff Isaac E. Ash hereby discontinues this action against Defendant Joseph J. Sitt only, with prejudice, and without costs to either party. (Joseph J Sitt terminated.) (Signed by Judge Paul A. Engelmayer on 10/21/2019) (jwh) |
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #29 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Paul A. Engelmayer for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
Filing 29 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, with prejudice against the defendant(s) Joseph J Sitt and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Joseph J Sitt. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Orel, Stephen) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Orel, Stephen. RE-FILE Document No. #28 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the voluntary dismissal is not correct. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. Before refiling change title of document to Stipulation of Voluntary Dismissal. (tp) |
Filing 28 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - 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, with prejudice against the defendant(s) All Plaintiffs and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Joseph J Sitt, David D. Tawil, Maglan Capital Holdings LLC, Maglan Distressed Fund LP, Maglan Capital LP, Shlomo Azarbad. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Orel, Stephen) Modified on 10/18/2019 (tp). |
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Filing 26 LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated September 27, 2019. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, Joseph J Sitt, David D. Tawil.(Orel, Stephen) |
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Filing 24 ANSWER to #1 Complaint. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, Joseph J Sitt, David D. Tawil.(Orel, Stephen) |
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Filing 22 SECOND LETTER MOTION for Extension of Time to File Answer re: #21 Order on Motion for Extension of Time to Answer,, #1 Complaint addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated August 14, 2019. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, Joseph J Sitt, David D. Tawil.(Orel, Stephen) |
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Filing 20 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated July 11, 2019. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, Joseph J Sitt, David D. Tawil.(Orel, Stephen) |
Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Maglan Capital Holdings LLC.(Orel, Stephen) |
Filing 18 NOTICE OF APPEARANCE by Stephen Howard Orel on behalf of Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, Joseph J Sitt, David D. Tawil. (Orel, Stephen) |
Filing 17 ELECTRONIC SUMMONS ISSUED as to David D. Tawil. (dnh) |
Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to David D. Tawil, re: #1 Complaint. Document filed by Isaac E. Ash. (Parks, Kari) |
Filing 15 ELECTRONIC SUMMONS ISSUED as to Shlomo Azarbad. (jgo) |
Filing 14 ELECTRONIC SUMMONS ISSUED as to Maglan Distressed Fund LP. (jgo) |
Filing 13 ELECTRONIC SUMMONS ISSUED as to Maglan Capital LP. (jgo) |
Filing 12 ELECTRONIC SUMMONS ISSUED as to Maglan Capital Holdings LLC. (jgo) |
Filing 11 ELECTRONIC SUMMONS ISSUED as to Joseph J Sitt. (jgo) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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. (jgo) |
Magistrate Judge Kevin Nathaniel Fox 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. (jgo) |
Case Designated ECF. (jgo) |
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Martin H. Kaplan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:78;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:77;. (jgo) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Martin H. Kaplan to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on 'as to' docket entry text does not exactly match initial pleading caption;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
Filing 10 NOTICE OF APPEARANCE by Kari Parks on behalf of Isaac E. Ash. (Parks, Kari) |
Filing 9 NOTICE OF APPEARANCE by Ryan James Whalen on behalf of Isaac E. Ash. (Whalen, Ryan) |
Filing 8 CIVIL COVER SHEET filed. (Kaplan, Martin) |
Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph J. Sitt, re: #1 Complaint. Document filed by Isaac E. Ash. (Kaplan, Martin) |
Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Shlomo Azarbad, re: #1 Complaint. Document filed by Isaac E. Ash. (Kaplan, Martin) |
Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to David E. Tawil, re: #1 Complaint. Document filed by Isaac E. Ash. (Kaplan, Martin) Modified on 6/19/2019 (jgo). |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Maglan Distressed Fund LP, re: #1 Complaint. Document filed by Isaac E. Ash. (Kaplan, Martin) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Maglan Capital LP, re: #1 Complaint. Document filed by Isaac E. Ash. (Kaplan, Martin) |
Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Maglan Capital Holdings LLC, re: #1 Complaint. Document filed by Isaac E. Ash. (Kaplan, Martin) |
Filing 1 COMPLAINT against Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, Joseph J Sitt, David D. Tawil. (Filing Fee $ 400.00, Receipt Number ANYSDC-17101517)Document filed by Isaac E. Ash.(Kaplan, Martin) |
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