FAT Brands Inc. v. PPMT Capital Advisors, Ltd. et al
Plaintiff: FAT Brands Inc.
Defendant: Wesley Ramjeet, Royal Gulf Capital Corporation, Neil Walsh, Onur Tatliadim, Kristina Fields, Peter Samuel, SJ Global Investments, Ltd., PPMT Capital Advisors, Ltd., Mickey Edison, SJ Global Investments Worldwide, Ltd. and Karl Douglas
Case Number: 1:2019cv10497
Filed: November 12, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
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 January 4, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 12, 2021 Opinion or Order Filing 223 STATUS REPORT. Letter to 2nd Circuit Clerk re status of certain defendants Document filed by Karl Douglas..(Roth, Richard)
August 26, 2021 Opinion or Order Filing 222 CLERK'S JUDGMENT re: #221 Order, #154 Memorandum & Opinion, Set Hearings, #216 Stipulation and Order of Voluntary Dismissal, Add and Terminate Parties, in favor of SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Neil Walsh, Peter Samuel, Wesley Ramjeet against FAT Brands Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated January 5, 2021, Doc.# 154, Stipulation for Dismissal entered on July 29, 2021, Doc.# 216, and Order dated August 26, 2021, Doc.# 221, Defendants' motions are GRANTED. Specifically, FAT Brands's claims against Fields and Edison are dismissed pursuant to Rule 12(b)(2) for lack of personal jurisdiction, and its claims against Ramjeet, SJ Global WW, SJ Global US, Walsh, and Samuel are dismissed with prejudice pursuant to Rule 12(b)(6) for failure to state a claim. The Court declines to sua sponte grant FAT Brands leave to amend to cure the defects in its Complaint. Although leave to amend should be freely given when justice so requires," Fed. R. Civ. P. 15(a)(2), and although "[d]istrict courts typically grant plaintiffs at least one opportunity to plead fraud with greater specificity when they dismiss under Rule 9(b)," ATSI Commc'ns, Inc. v. Shaar Fund, Ltd., 493 F.3d 87, 108 (2d Cir. 2007), it is within the sound discretion of the district court to grant or deny leave to amend," McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir. 2007). FAT Brands already amended its complaint, and it neither seeks leave to amend again nor suggests that it possesses any additional facts that could cure the defects in its dismissed claims. See, e.g., Fischman, 2019 WL 3034866, at *7 (declining to grant leave to amend as to certain claims in the absence of any suggestion that additional facts could remedy defects in the plaintiff's pleading). That failure is all the more significant with respect to FAT Brands's fraud and tortious interference claims against the SJ Global Defendants because FAT Brands was on notice of the SJ Global Defendants' arguments when it filed the Complaint, as the SJ Global Defendants' original motion to dismiss raised the same arguments. See ECF No. 65.9 Moreover, while the presumption in favor of granting leave to amend is stronger in the case of dismissal pursuant to Rule 9(b), only FAT Brands's fraud claims against the SJ Global Defendants were subject to those standards, and the primary defect in those claims was not Rule 9(b), but the failure to plead a principal-agent relationship for liability purposes between the SJ Global and PPMT Defendants. Finally, when granted leave to amend in response to the earlier motion, FAT Brands was expressly warned that it would "not be given any further opportunity" to amend its complaint to address issues raised by either motion to dismiss." ECF No. 62; see, e.g., Nat'l Credit Union Admin. Bd. v. U.S. Bank Natl Assn, 898 F.3d 243, 257-58 (2d Cir. 2018) ("When a plaintiff was aware of the deficiencies in his complaint when he first amended, he clearly has no right to a second amendment even if the proposed second amended complaint in fact cures the defects of the first." (alteration and internal quotation marks omitted)). In light of these circumstances, the Court will not grant leave to amend. On December 14, 2020, counsel for the SJ Global Defendants moved to withdraw. See ECF No. 149. In light of the dismissal of all claims against the SJ Global Defendants, that motion is denied as moot. Pursuant to Fed. R. Civ. P. 41(a)(1)A), it is hereby stipulation and agreed by and between Plaintiff FAT Brands, Inc. ("FAT Brands, Inc. or Plaintiff") and Defendants PPMT Capital Advisors, Ltd., Royal Gulf Capital Corporation and Karl Douglas (collectively "the Douglas Defendants") (Plaintiffs and Defendants are collectively referred to as the "Parties"), by and through their respective counsel of record, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee, and no person not a party has an interest in the subject matter of this action, the above entitled action is hereby dismissed with prejudice by Plaintiffs against the Douglas Defendants without costs or attorneys' fees to either parry as against the other. Final Judgment is entered consistent with the Court's Opinion and Order of January 1, 2021, Doc.# 154 and the Stipulation of Dismissal entered on July 29, 2021, Doc.# 216; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 8/26/2021) (Attachments: #1 Notice of Right to Appeal) (dt)
August 26, 2021 Opinion or Order Filing 221 ORDER: The Clerk of Court is directed to enter final judgment consistent with the Court's Opinion and Order of January 1, 2021, see ECF No. 154, and the Stipulation of Dismissal entered on July 29, 2021, see ECF No. 216, and close this case. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/26/2021) (jca) Transmission to Orders and Judgments Clerk for processing.
August 23, 2021 Opinion or Order Filing 220 MEMO ENDORSEMENT on re: #219 Letter, filed by Mickey Edison, Neil Walsh, Peter Samuel, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJGlobal Investments, Ltd.. ENDORSEMENT: In light of Plaintiff's filing of a Notice of Appeal, the Court sees no reason to delay further entry of final judgment, which would moot counsel's renewed request to withdraw. Anyone objecting to immediate entry of judgment shall notify the Court by August 25, 2021. Absent an objection, the Court will promptly direct the Court to enter final judgment. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/23/2021) (kv)
August 20, 2021 Opinion or Order Filing 219 LETTER addressed to Judge Jesse M. Furman from Lisa A. Herbert dated 08/20/2021 re: Renewing Motion to Withdraw at Dkt. No. 149 as Counsel. Document filed by Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel, Neil Walsh..(Herbert, Lisa)
August 20, 2021 Opinion or Order Filing 218 NOTICE OF APPEAL from #154 Memorandum & Opinion, Set Hearings,,,,,,,,,,,,. Document filed by FAT Brands Inc.. Filing fee $ 505.00, receipt number ANYSDC-24960958. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Bogart, Russell)
August 20, 2021 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #218 Notice of Appeal. (tp)
August 20, 2021 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #218 Notice of Appeal, filed by FAT Brands Inc. were transmitted to the U.S. Court of Appeals. (tp)
July 29, 2021 Opinion or Order Filing 217 MEMO ENDORSEMENT on re: #214 Letter filed by FAT Brands Inc. ENDORSEMENT: Application GRANTED. The Court will so-order the attached stipulation of dismissal, but will direct the Clerk of Court not to enter final judgment until thirty-one days after the stipulation of dismissal is so-ordered. The Court intimates no view, however, on what effect, if any, such a procedure has on the Second Circuit's jurisdiction over any appeal. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/29/2021) (jca)
July 29, 2021 Opinion or Order Filing 216 STIPULATION FOR DISMISSAL WITH PREJUDICE AS TO PPMT CAPITAL ADVISORS, LTD., ROYAL GULF CAPITAL CORPORATION AND KARL DOUGLAS: Pursuant to Fed. R. Civ. P. 41(a)(1)(A), it is hereby stipulated and agreed, by and between Plaintiff FAT Brands, Inc. ("FAT Brands, Inc." or "Plaintiff") and Defendants PPMT Capital Advisors, Ltd., Royal Gulf Capital Corporation and Karl Douglas (collectively "the Douglas Defendants") (Plaintiffs and Defendants are collectively referred to as the "Parties"), by and through their respective counsel of record, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee, and no person not a party has an interest in the subject matter of this action, the above-entitled action is hereby dismissed with prejudice by Plaintiffs against the Douglas Defendants without cost or attorneys' fees to either party as against the other. This stipulation may be filed with the Clerk of the Court without further notice. SO ORDERED. The Clerk of Court is directed NOT to enter judgment at this time. Karl Douglas and Royal Gulf Capital Corporation terminated. (Signed by Judge Jesse M. Furman on 7/29/2021) (jca)
July 28, 2021 Opinion or Order Filing 215 ORDER denying as moot #181 FIRST MOTION to Vacate #143 Default Judgment. The motion is denied as moot in light of #214 the parties' settlement. Additionally, the conference scheduled for August 26, 2021, is CANCELED. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 28, 2021 Opinion or Order Filing 214 LETTER addressed to Judge Jesse M. Furman from Russell Bogart dated July 28, 2021 re: Settlement Conference. Document filed by FAT Brands Inc...(Bogart, Russell)
July 28, 2021 Opinion or Order Filing 213 SATISFACTION OF JUDGMENT re: #148 Judgment, Add and Terminate Parties, entered In favor of FAT Brands Inc. Against PPMT Capital Advisors, Ltd. in the amount of $738,075.00. Judgment satisfied on 7/28/2021. Document filed by FAT Brands Inc.(dt)
July 28, 2021 Opinion or Order Filing 212 PROPOSED FULL SATISFACTION OF JUDGMENT. Satisfaction of Judgment to be Mailed by the Court. Document filed by FAT Brands Inc...(Bogart, Russell) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
July 27, 2021 Opinion or Order Filing 211 ORDER: The pretrial conference currently scheduled for August 16, 2021 is RESCHEDULED to August 26, 2021 at 3:45 p.m. (As further set forth in this Order.) Initial Conference set for 8/26/2021 at 03:45 PM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 7/27/2021) (cf)
June 28, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Settlement Conference held on 6/28/2021. Attorney Russell Bogart appeared on behalf of plaintiff. Attorney Richard Roth appeared on behalf of defendants. (ne)
June 18, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Settlement Conference held on 6/18/2021. Attorney Russell Bogart appeared on behalf of plaintiff. Defendant did not appear. (ne)
June 16, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Settlement Conference held on 6/16/2021. The parties did not reach a settlement but discussions continue. Attorney Russell Bogart appeared on behalf of plaintiff. Attorney Richard Roth appeared on behalf of defendant. Andrew Wiederhorn (CEO of FAT Brands Inc.) and Karl Douglas also attended the conference. (ne)
June 4, 2021 Opinion or Order Filing 210 NOTICE of The Complete Transcript of the Deposition of PPMT, represented by Mr. Douglas re: #209 Order,,. Document filed by FAT Brands Inc.. (Attachments: #1 Exhibit 1 - Notice of Deposition of Judgment Debtor PPMT Capital Advisors, Ltd., #2 Exhibit 2 - Post Judgment Interrogatory Response on Behalf of PPMT Capital Advisors, #3 Exhibit 3 - April 1, 2021 Affidavit of Karl Douglas, #4 Exhibit 4 - May 6, 2021 Reply Affidavit of Karl Douglas in Further Support of Motion to Vacate Default Judgment, #5 Exhibit 5 - Chain of Text Messages, #6 Exhibit 6 - Management Resolution of PPMT Capital Advisors Ltd., #7 Exhibit 7 - Wesley Ramjeet profile in the PPMT website, #8 Exhibit 8 - Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy, #9 Exhibit 9 - Capital One NA business New Account Information Card, #10 Exhibit 10 - Capital One Bank Statement Showing Deposit From Douglas, #11 Exhibit 11 - Capital One Bank Statement Showing Deposit From NEFCU Account, #12 Exhibit 12 - Printout from the Capital One account, #13 Exhibit 13 - Printout from the Capital One account, #14 Exhibit 14 - Truncated Spreadsheet of Wire Information Produced by Capital One Bank, #15 Exhibit 15 - Excerpts of the PPMT Capital bank statements, #16 Exhibit 16 - Document bearing a PPMT Capital Advisor, Ltd. logo, titled "New Derry Energy, LLC, U.S. Premium Coking Coal Investment Opportunity", #17 Exhibit 17 - Document referring to a March 4, 2019 real estate brokerage agreement between Al Rifa Holding Group and PPMT Capital, #18 Exhibit 18 - March 6, 2019 e-mail, #19 Exhibit 19 - March 6, 2019 e-mail, #20 Exhibit 20 - March 14, 2019 e-mail, #21 Exhibit 21 - April 4, 2019 e-mail, #22 Exhibit 22 - April 10, 2019 e-mail, #23 Exhibit 23 - April 11, 2019 e-mail, #24 Exhibit 24 - April 12, 2019 e-mail, #25 Exhibit 25 - April 15, 2019 e-mail, #26 Exhibit 26 - April 22, 2019 e-mail, #27 Exhibit 27 - April 23, 2019 e-mail, #28 Exhibit 28 - April 30, 2019 e-mail, #29 Exhibit 29 - May 5, 2019 e-mail, #30 Exhibit 30 - The pdf attached to e-mail titled, "Exclusive Off-Market 9 Hotel Portfolio", #31 Exhibit 31 - May 9, 2019 e-mail, #32 Exhibit 32 - E-mail chain, #33 Exhibit 33 - May 23, 2019 e-mail, #34 Exhibit 34 - May 31, 2019 e-mail, #35 Exhibit 35 - May 31, 2019 e-mail, #36 Exhibit 36 - Document titled "The Edge Proposal, The Edge on Brickell", #37 Exhibit 37 - June 5, 2019 e-mail, #38 Exhibit 38 - June 7, 2019 letter, #39 Exhibit 39 - August 4, 2019 e-mail, #40 Exhibit 40 - August 7, 2019 e-mail, #41 Exhibit 41 - August 7, 2019 e-mail, #42 Exhibit 42 - September 17, 2019 e-mail, #43 Exhibit 43 - October 7, 2019 e-mail, #44 Exhibit 44 - Draft document titled "Real Estate Purchase and Sale Agreement", #45 Exhibit 45 - October 4, 2019 e-mail).(Bogart, Russell)
June 3, 2021 Opinion or Order Filing 209 ORDER:The parties' recent letters, ECF Nos. 204-208, reference testimony given by Mr. Douglas at a deposition conducted on May 13, 2021, and Plaintiffs letter dated May 21, 2021, stated, " [w]e have reviewed a rough copy of Douglas's transcript" and "[w]e request permission to file the relevant transcript pages when the transcript becomes available early next week," ECF No. 206, at 2 n.2. To date, the Court has not received any transcript. No later than June 7, 2021, Plaintiff shall file the complete transcript of Mr. Douglas's deposition. (Signed by Judge Jesse M. Furman on 6/3/2021) (rro)
May 28, 2021 Opinion or Order Filing 208 LETTER addressed to Judge Jesse M. Furman from Russell Bogart dated May 28, 2021 re: Mr. Roth Letter dated May 27, 2021. Document filed by FAT Brands Inc...(Bogart, Russell)
May 27, 2021 Opinion or Order Filing 207 LETTER addressed to Judge Jesse M. Furman from Richard Roth dated May 27, 2021 re: Motion to vacate. Document filed by PPMT Capital Advisors, Ltd...(Roth, Richard)
May 21, 2021 Opinion or Order Filing 206 LETTER addressed to Judge Jesse M. Furman from Russell Bogart dated May 21, 2021 re: Fat Brands, Inc. v. PPMT Capital Advisors, Ltd., et al.. Document filed by FAT Brands Inc.. (Attachments: #1 Exhibit Osman Emails).(Bogart, Russell)
May 19, 2021 Opinion or Order Filing 205 REPLY to Response to Motion re: #181 FIRST MOTION to Vacate #143 Default Judgment,,,, #148 Judgment, Add and Terminate Parties,,,,,,,,,, . Supplemental Letter. Document filed by PPMT Capital Advisors, Ltd.. (Attachments: #1 Exhibit Osman emails).(Roth, Richard)
May 17, 2021 Opinion or Order Filing 204 LETTER addressed to Judge Jesse M. Furman from Russell Bogart dated May 17, 2021 re: Inconsistency of Reply Affidavit of Douglas in Support of First Motion to Vacate (Dkt. No. 201). Document filed by FAT Brands Inc.. (Attachments: #1 Exhibit 1 - June 7, 2019 Offer letter to Paradigm Real Estate Development Group, LLC, #2 Exhibit 2 - October 14, 2019 Draft Purchase and Sale Agreement between Brickview 3114 LLC and New York Historic Properties, LLC, c/o Karl Douglas at PPMT).(Bogart, Russell)
May 11, 2021 Opinion or Order Filing 203 SETTLEMENT CONFERENCE SCHEDULING ORDER: A settlement conference is scheduled for Wednesday, June 16, 2021 at 10:00 am and will take place by videoconference. The Court can host a videoconference through the Microsoft Teams platform, or Counsel may host a video conference on a platform such as Zoom, after conferring and attaining the consent of opposing counsel. The parties shall advise the Court how they wish to proceed by emailing Chambers at least one week before the scheduled conference. The parties should note that paragraph 4 of the Standing Order requires certain written submissions, which must be received by the Court and opposing counsel no later than midnight four (4) business days before the conference: that is Thursday, June 10, 2021. These submissions must be emailed to Chambers at cave_nysdchambers@nysd.uscourts.gov; the submissions should not be submitted via the ECF system. Counsel must ensure that their client(s) and insurer(s), if any, have read the other sides submission before the conference. The Clerk of Court is respectfully directed to set this conference as a settlement conference even though it will take place by videoconference. SO ORDERED. ( Settlement Conference set for 6/16/2021 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 5/11/21) (yv)
May 11, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 5/11/2021. Attorney Russell Bogart appeared on behalf of Plaintiff. Attorney Michael Roth appeared on behalf of Defendants. (ne)
May 6, 2021 Opinion or Order Filing 202 FIRST REPLY MEMORANDUM OF LAW in Support re: #181 FIRST MOTION to Vacate #143 Default Judgment,,,, #148 Judgment, Add and Terminate Parties,,,,,,,,,, . . Document filed by PPMT Capital Advisors, Ltd...(Roth, Richard)
May 6, 2021 Opinion or Order Filing 201 REPLY AFFIDAVIT of Douglas in Support re: #181 FIRST MOTION to Vacate #143 Default Judgment,,,, #148 Judgment, Add and Terminate Parties,,,,,,,,,, .. Document filed by PPMT Capital Advisors, Ltd.. (Attachments: #1 Exhibit Bank Statement).(Roth, Richard)
May 6, 2021 Opinion or Order Filing 200 REPLY AFFIRMATION of Sanchez in Support re: #181 FIRST MOTION to Vacate #143 Default Judgment,,,, #148 Judgment, Add and Terminate Parties,,,,,,,,,, .. Document filed by PPMT Capital Advisors, Ltd...(Roth, Richard)
May 6, 2021 Opinion or Order Filing 199 REPLY AFFIRMATION of Roth in Support re: #181 FIRST MOTION to Vacate #143 Default Judgment,,,, #148 Judgment, Add and Terminate Parties,,,,,,,,,, .. Document filed by PPMT Capital Advisors, Ltd...(Roth, Richard)
April 27, 2021 Opinion or Order Filing 198 ORDER granting #197 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 197. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/27/21) (yv)
April 27, 2021 Opinion or Order Set/Reset Deadlines: Replies due by 5/6/2021. (yv)
April 26, 2021 Opinion or Order Filing 197 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Richard Roth, Esq. dated April 26, 2021. Document filed by PPMT Capital Advisors, Ltd...(Roth, Richard)
April 22, 2021 Opinion or Order Filing 196 DECLARATION of Adam Wilson in Opposition re: #181 FIRST MOTION to Vacate #143 Default Judgment,,,, #148 Judgment, Add and Terminate Parties,,,,,,,,,, .. Document filed by FAT Brands Inc.. (Attachments: #1 Exhibit Litigation Chart, #2 Exhibit Gagliardo Case, #3 Exhibit Ciocia Case, #4 Exhibit Ciocia Decision, #5 Exhibit Petro Case, #6 Exhibit Eastern Savings Bank Case, #7 Exhibit Eastern Savings Bank Decision, #8 Exhibit Wells Fargo Bank Case, #9 Exhibit American Express Bank Case, #10 Exhibit Lee Case, #11 Exhibit Capital One Bank Case, #12 Exhibit Douglas Bankruptcy Petition, #13 Exhibit Nassau County Case 1, #14 Exhibit Nassau County Case 2, #15 Exhibit 7.15.19 Email, #16 Exhibit 7.25.19 Letter).(Bogart, Russell)
April 22, 2021 Opinion or Order Filing 195 DECLARATION of Russell Bogart in Opposition re: #181 FIRST MOTION to Vacate #143 Default Judgment,,,, #148 Judgment, Add and Terminate Parties,,,,,,,,,, .. Document filed by FAT Brands Inc.. (Attachments: #1 Exhibit Timeline for PPMT Default, #2 Exhibit PPMT LinkedIn Profile, #3 Exhibit PPMT Domain Registration Information, #4 Exhibit PPMT Corporate Resolutions, #5 Exhibit Douglas Bankruptcy Form, #6 Exhibit PPMT Interrogatory Response, #7 Exhibit Excerpts from PPMT Bank Records, #8 Exhibit Douglas WhatsApp Messages, #9 Exhibit 9.28.18 Email, #10 Exhibit 12.21.18 Email, #11 Exhibit Demand Letter, #12 Exhibit Bankruptcy Discharge, #13 Exhibit Affidavit of Service - Complaint, #14 Exhibit Webpage Screenshots, #15 Exhibit Affidavit of Non-Service, #16 Exhibit Affidavit of Service - Amended Complaint, #17 Exhibit Affidavit of Service - Discovery Request, #18 Exhibit 12.1.20 Letter, #19 Exhibit Capital One Subpoena, #20 Exhibit 2.1.21 Letter, #21 Exhibit Insight and Mexboro Discovery).(Bogart, Russell)
April 22, 2021 Opinion or Order Filing 194 MEMORANDUM OF LAW in Opposition re: #181 FIRST MOTION to Vacate #143 Default Judgment,,,, #148 Judgment, Add and Terminate Parties,,,,,,,,,, . . Document filed by FAT Brands Inc...(Bogart, Russell)
April 13, 2021 Opinion or Order Filing 193 MEMORANDUM OPINION AND ORDER re: #160 MOTION for Entry of Judgment under Rule 54(b) . filed by FAT Brands Inc.. For the foregoing reasons, FAT Brands's motion for entry of final judgment under Rule 54(b) of the Federal Rules of Civil Procedure is DENIED. The Clerk of Court is directed to terminate ECF No. 160. (Signed by Judge Jesse M. Furman on 4/13/2021) (nb)
April 12, 2021 Opinion or Order Filing 192 SCHEDULING ORDER: A Telephone Scheduling Conference is scheduled for Tuesday, May 11, 2021 at 11:00 am on the Court's conference line. The parties should be prepared to discuss their availability for a settlement conference. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 5/11/2021 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 4/12/21) (yv)
April 9, 2021 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held via teleconference on 4/9/2021. Russell Bogart present for Plaintiff. Richard Roth present for Defendants. Court reporter present. (ab)
April 9, 2021 Opinion or Order Filing 191 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah L Cave. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/09/2021) (ama)
April 9, 2021 Opinion or Order Filing 190 CIVIL CASE MANAGEMENT PLAN ABD SCHEDULING ORDER: This Civil Case Management Plan and Scheduling Order is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceeding before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Motions due by 5/10/2021. Responses due by 4/22/2021 Replies due by 4/29/2021. Deposition due by 5/15/2021. All Fact Discovery due by 8/9/2021. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is5 days. The next Pretrial Conference set for 8/16/2021 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. As discussed, and for the reasons stated on the record at the conference conducted earlier today by telephone: expert discovery will be deferred until after summary judgment motion practice, if appropriate. the deposition of Karl Douglas in his capacity as a representative of PPMT Capital Advisors in connection with post-judgment discovery shall occur no later than May 15, 2021. Plaintiff shall file its opposition to the motion to vacate the default judgment and entries of default no later than April 22, 2021. Any reply shall be filed no later than April 29, 2021. And as set forth herein. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/09/2021) (ama)
April 6, 2021 Opinion or Order Filing 189 ORDER: The initial pretrial conference currently scheduled for April 8, 2021 is RESCHEDULED to April 9, 2021 at 2:15 p.m. The dial-in information remains the same as described in the Court's Order of April 2, 2021, ECF No. 188. SO ORDERED., ( Initial Conference set for 4/9/2021 at 02:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/06/2021) (ama)
April 2, 2021 Opinion or Order Filing 188 ORDER. At the initial pretrial conference scheduled for April 8, 2021 at 2:00 p.m., the parties should be prepared to discuss Defendants' motion to vacate the default judgment against PPMT Capital Advisors, Lrd. and the entries of default against PPMT Capital Advisors, Ltd. and Royal Gulf Capital Corp. (including the need for and timing of briefing on the motion). The conference will be held remotely by teleconference in accordance with Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19 available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (3) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) So Ordered. (Signed by Judge Jesse M. Furman on 4/2/21) (yv)
April 2, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #185 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
April 1, 2021 Opinion or Order Filing 187 LETTER addressed to Judge Jesse M. Furman from Richard Roth dated 4.01.21 re: Status Update. Document filed by PPMT Capital Advisors, Ltd...(Roth, Richard)
April 1, 2021 Opinion or Order Filing 186 PROPOSED CASE MANAGEMENT PLAN. Document filed by Karl Douglas..(Roth, Richard)
April 1, 2021 Opinion or Order Filing 185 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by PPMT Capital Advisors, Ltd.. Related Document Number: #148 ..(Roth, Richard) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
April 1, 2021 Opinion or Order Filing 184 MEMORANDUM OF LAW in Support re: #181 FIRST MOTION to Vacate #143 Default Judgment,,,, #148 Judgment, Add and Terminate Parties,,,,,,,,,, . . Document filed by PPMT Capital Advisors, Ltd...(Roth, Richard)
April 1, 2021 Opinion or Order Filing 183 DECLARATION of Richard Roth in Support re: #181 FIRST MOTION to Vacate #143 Default Judgment,,,, #148 Judgment, Add and Terminate Parties,,,,,,,,,, .. Document filed by PPMT Capital Advisors, Ltd.. (Attachments: #1 Exhibit Exhibit A Roth Declaration Proposed Answer).(Roth, Richard)
April 1, 2021 Opinion or Order Filing 182 AFFIDAVIT of Karl Douglas in Support re: #181 FIRST MOTION to Vacate #143 Default Judgment,,,, #148 Judgment, Add and Terminate Parties,,,,,,,,,, .. Document filed by PPMT Capital Advisors, Ltd.. (Attachments: #1 Exhibit Exhibit A Douglas original answer, #2 Exhibit Exhibit B Order Striking Answer, #3 Exhibit Exhibit C Order Granting Default, #4 Exhibit Exhibit D Default Judgment, #5 Exhibit Exhibit E Email from Douglas to Court).(Roth, Richard)
April 1, 2021 Opinion or Order Filing 181 FIRST MOTION to Vacate #143 Default Judgment,,,, #148 Judgment, Add and Terminate Parties,,,,,,,,,, . Document filed by PPMT Capital Advisors, Ltd.. Return Date set for 4/22/2021 at 09:30 AM..(Roth, Richard)
March 30, 2021 Opinion or Order Filing 180 ORDER: In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in the Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. (Signed by Judge Jesse M. Furman on 3/30/2021) (nb)
March 16, 2021 Opinion or Order Filing 179 ORDER granting #178 Letter Motion to Adjourn Conference. Application GRANTED. The conference currently scheduled for March 25, 2021 is ADJOURNED to April 8, 2021 at 2:00 p.m. The Clerk of Court is directed to terminate ECF No. 178. SO ORDERED. Initial Conference set for 4/8/2021 at 02:00 PM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 3/16/2021) (kv)
March 16, 2021 Opinion or Order Filing 178 FIRST LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Richard A. Roth dated 03/16/2021. Document filed by Karl Douglas, PPMT Capital Advisors, Ltd., Royal Gulf Capital Corporation..(Roth, Richard)
March 15, 2021 Opinion or Order Filing 177 NOTICE OF APPEARANCE by Michael Douglas Steger on behalf of Karl Douglas, PPMT Capital Advisors, Ltd., Royal Gulf Capital Corporation..(Steger, Michael)
March 12, 2021 Opinion or Order Filing 176 NOTICE OF APPEARANCE by Richard Alan Roth on behalf of Karl Douglas, PPMT Capital Advisors, Ltd., Royal Gulf Capital Corporation..(Roth, Richard)
March 11, 2021 Opinion or Order Filing 175 MEMO ENDORSEMENT on re: #174 Letter, filed by FAT Brands Inc. ENDORSEMENT: Application GRANTED. On pain of sanctions, Mr. Douglas shall confer with counsel for Plaintiff no later than March 15, 2021, whether counsel is retained and enters a notice of appearance or not. So Ordered. (Signed by Judge Jesse M. Furman on 3/11/2021) (js)
March 10, 2021 Opinion or Order Filing 174 LETTER addressed to Judge Jesse M. Furman from Russell Bogart dated March 10, 2021 re: post-judgment discovery requests. Document filed by FAT Brands Inc.. (Attachments: #1 Exhibit A - Excerpts from PPMT Capital Bank Documents, #2 Exhibit B - Karl Douglas Voluntary Petition for Bankruptcy).(Bogart, Russell)
February 26, 2021 Opinion or Order Filing 173 ENDORSED LETTER addressed to Judge Jesse M. Furman from Karl Douglas dated 2/26/2021 re: I now have sufficient funds to pay for an attorney. Regarding the ECF, I have been using the temporary pro se ECF email for submissions and I have been receiving all ECF filings via email. I also have subscribed to PACER to access the case history. ENDORSEMENT: The Court received this email from Mr. Douglas. Mr. Douglas is reminded that he may not make submissions directly to Chambers; he is required to submit them to the Pro Se Intake Unit or the temporary email address. Moreover, he is cautioned that, absent a basis to do so, he may not communicate ex parte with the Court (that is, without copying the other parties). As a courtesy, the Court is redacting the name of the lawyer from his email --- because he may not have known that the Court would docket this. But going forward, he should be aware that, absent a showing that redaction is warranted, documents submitted to the Court will be filed publicly in unredacted form. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/26/2021) (jca)
February 12, 2021 Opinion or Order Mailed a copy of #172 Order, Set Deadlines/Hearings, to Karl Douglas at 1304 Ridge Road, Syosset, NY 11791. (dsh)
February 11, 2021 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Status Conference held via telephone on 2/11/2021. Russell Bogart for Plaintiff. Karl Douglas pro se for Defendant Karl Douglas. Stuart Melnick for Defendant Wesley Ramjeet. Court reporter present. (ab)
February 11, 2021 Opinion or Order Filing 172 ORDER: As discussed, and for the reasons stated, on the record at a teleconference before the Court earlier today, the initial pretrial conference is ADJOURNED to March 25, 2021 at 12:00 p.m. in order to provide Defendant Karl Douglas further opportunity to obtain counsel. If Mr. Douglas obtains counsel, counsel shall comply submit a joint letter and proposed Case Management Plan by the Thursday before the conference in accordance with the directions set forth in the Notice of Initial Pretrial Conference. See ECF No. 28. The conference will be held remotely by teleconference in accordance with Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) Further, the parties are ORDERED to confer regarding post-judgment discovery in connection with Plaintiff's first claim for relief against PPMT Capital Advisor, Ltd. by no later than February 26, 2021. Any discovery-related disputes shall be raised by letter motion, not to exceed three pages, in accordance with the Court's Individual Rules and Practices. And as set forth herein. The Clerk of Court is directed to mail a copy of this Order to Mr. Douglas. SO ORDERED., ( Initial Conference set for 3/25/2021 at 12:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/11/2021) (ama) Transmission to Docket Assistant Clerk for processing.
February 11, 2021 Opinion or Order Filing 171 REPLY MEMORANDUM OF LAW in Support re: #160 MOTION for Entry of Judgment under Rule 54(b) . . Document filed by FAT Brands Inc...(Bogart, Russell)
February 10, 2021 Opinion or Order Filing 170 LETTER from Karl Douglas, dated 2/10/21 re: On behalf of myself as a defendant, I submit this letter in response to the Court's 1/25/21 order(DE 164) and as response to the plaintiff's letter to Court dated 2/4/20. I seek to make you aware of several misstatements made by the plaintiff in the letter which, if left unaddressed, may prejudice the defense etc. Without further delay and with respect for the Court's time, I would like to request thirty days to hire counsel to represent me at the upcoming deposition and in terms of any further discovery. Clearly, this case has developed beyond my pro se capabilities; and also I am not qualified to understand the change of Judge on the case. Document filed by Karl Douglas.(sc)
February 4, 2021 Opinion or Order Filing 169 MEMORANDUM OF LAW in Opposition re: #160 MOTION for Entry of Judgment under Rule 54(b) . . Document filed by Wesley Ramjeet..(Melnick, Stuart)
February 4, 2021 Opinion or Order Filing 168 LETTER addressed to Judge Jesse M. Furman from Lisa Herbert dated 02/04/2021 re: Response to [DKT 160] Plaintiff's Notice of Motion Seeking Entry of Final Judgment. Document filed by Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel, Neil Walsh..(Herbert, Lisa)
February 4, 2021 Opinion or Order Filing 167 LETTER addressed to Judge Jesse M. Furman from Russell Bogart dated February 4, 2021 re: January 25, 2021 order (DE 164). Document filed by FAT Brands Inc...(Bogart, Russell)
January 26, 2021 Opinion or Order Filing 166 MEMO ENDORSEMENT on re: #163 Letter Court Order dated 1/22/2021 [ECF No. 161], filed by Mickey Edison, Neil Walsh, Peter Samuel, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd. ENDORSEMENT : The Court did not intend to suggest that SJ Global Counsel had done anything untoward. That said, for the avoidance of doubt, the Court is of the view that SJ Global Counsel remains counsel of record for the SJ Global Defendants unless and until either (1) they persuade the Court they were entitled to terminate their representation, and thus withdraw, without leave of Court in a filing as described in ECF No. 161 or (2) they renew their motion to withdraw in accordance with Local Rule 1.4 and the Court grants such motion. The deadlines for briefing on Plaintiffs' motion for entry of final judgment described in ECF No. 161 remain in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/26/21) (yv)
January 25, 2021 Opinion or Order Filing 165 CERTIFICATE OF SERVICE of Order (Document No. 164) dated January 25, 2021 served on Karl Douglas, PPMT CAPITAL ADVISORS, LTD and ROYAL GULF CAPITAL CORPORATION on January 25, 2021. Service was made by MAIL. Document filed by FAT Brands Inc...(Bogart, Russell)
January 25, 2021 Opinion or Order Filing 164 ORDER: This Order supersedes the Court's order of November 19, 2019. ECF No. 28. The initial pretrial conference currently scheduled for February 4, 2021 is ADJOURNED to February 11, 2021 at 12:00 p.m. The conference will be held remotely by teleconference in accordance with Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key, and as further set forth in this order. Within one day of the date of this Order, Plaintiff shall mail a copy of this Order to Defendants Douglas, PPMT Capital Advisors Ltd., and Royal Gulf Capital Corporation, and file proof of such service on ECF. (Initial Conference set for 2/11/2021 at 12:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/25/2021) (jwh)
January 25, 2021 Opinion or Order Filing 163 LETTER addressed to Judge Jesse M. Furman from Lisa A. Herbert dated 01/25/2021 re: Court Order dated 1/22/2021 [ECF No. 161]. Document filed by Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel, Neil Walsh..(Herbert, Lisa)
January 22, 2021 Opinion or Order Filing 162 CERTIFICATE OF SERVICE of Plaintiff FAT Brands Notice of Motion and Motion Pursuant to Federal Rules of Civil Procedure Rule 54(b) Seeking That the Court Enter Final Judgment on its January 5, 2021 Decision and Order, filed by FAT Brands, Inc. (Document No. 160) served on SJ Global Defendants, Wesley Ramjeet, PPMT Capital Advisors, Ltd., Royal Gulf Capital Corporation, and Karl Douglas on January 22, 2021. Service was made by MAIL. Document filed by FAT Brands Inc...(Bogart, Russell)
January 22, 2021 Opinion or Order Filing 161 ORDER, Plaintiff now moves for entry of final judgment against the SJ Global Defendants and Ramjeet. ECF No. 160. Any opposition to Plaintiff's motion shall be filed no later than February 4, 2021. Any reply shall be filed no later than February 11, 2021. Counsel for the SJ Global Defendants ("SJ Global Counsel") moved to withdraw from representing the SJ Global Defendants on December 14, 2020. ECF No. 149. That motion was denied as moot by the Court in its Opinion and Order granting the motions to dismiss. FAT Brands, 2021 WL 37709, at *14. In light of that, and notwithstanding SJ Global Counsel's letter dated January 19, 2021 purporting that they no longer represent the SJ Global Defendants, ECF No. 159, the Court is of the view that SJ Global Counsel remains counsel of record for the SJ Global Defendants until entry of final judgment or approval of any motion to withdraw in accordance with Local Rule 1.4. Cf. Wilson v. Pasquale's DaMarinos Inc., No. 10-CV-2709 (PGG), 2018 WL 4761574, at *8 (S.D.N.Y. Sept. 30, 2018) ("It is generally said of the attorney-client relationship that when an attorney is retained to conduct a legal proceeding, he enters into an entire contract to conduct the proceeding to a conclusion.... Full availability of legal counsel requires... that lawyers who undertake representation complete the work involved." (internal quotation marks and alterations omitted)); Vitale v. City Const. Mgmt. Co., 568 N.Y.S.2d 399, 400 (App. Div. 1991) (noting, on motion to restore to trial calendar, that "prior counsel remained plaintiff's counsel of record" absent formal withdrawal where plaintiff's claims had been dismissed). If SJ Global Counsel believes otherwise that is, if SJ Global Counsel believe that they were entitled to terminate their representation, and thus withdraw, without leave of Court they shall file a letter demonstrating why they are no longer counsel of record for the SJ Global Defendants no later than January 29, 2021. SO ORDERED. Set Deadlines/Hearing as to #160 MOTION for Entry of Judgment under Rule 54(b) . :( Responses due by 2/4/2021, Replies due by 2/11/2021.) (Signed by Judge Jesse M. Furman on 1/22/21) (yv)
January 21, 2021 Opinion or Order Filing 160 MOTION for Entry of Judgment under Rule 54(b) . Document filed by FAT Brands Inc.. Return Date set for 2/4/2021 at 09:30 AM. (Attachments: #1 Plaintiff FAT Brands Motion Pursuant to Federal Rules of Civil Procedure Rule 54(b) Seeking That The Court Enter Final Judgment on its January 5, 2021 Decision and Order).(Bogart, Russell)
January 19, 2021 Opinion or Order Filing 159 LETTER addressed to Judge Jesse M. Furman from Lisa A. Herbert dated 01/19/2021 re: Concluded Representation of SJ Defendants. Document filed by Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel, Neil Walsh..(Herbert, Lisa)
January 15, 2021 Opinion or Order Filing 158 CERTIFICATE OF SERVICE of Memo Endorsed Letter re January 5, 2021 Order, filed by FAT Brands, Inc. (Document No. 157) served on Ramjeet and SJ Global Defendants on January 15, 2021. Service was made by MAIL. Document filed by FAT Brands Inc...(Bogart, Russell)
January 15, 2021 Opinion or Order Filing 157 MEMO ENDORSEMENT on re: #156 Letter January 5, 2021 Order filed by FAT Brands Inc. ENDORSEMENT: Application DENIED without prejudice to renewal by formal motion with authority supporting entry of partial judgment in these circumstances. If Plaintiff does so move, any opposition shall be filed no later than one week after Plaintiff's motion. Plaintiff shall promptly serve a copy of this Order (and, in the event it so moves, its moving papers) on Ramjeet and the SJ Global Defendants and shall file proof of such service on the docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/15/21) (yv)
January 14, 2021 Opinion or Order Filing 156 LETTER addressed to Judge Jesse M. Furman from Russell Bogart dated January 14, 2021 re: January 5, 2021 Order. Document filed by FAT Brands Inc...(Bogart, Russell)
January 6, 2021 Opinion or Order Filing 155 CERTIFICATE OF SERVICE of Opinion and Order (Document No. 154) dated January 5, 2021 served on Karl Douglas, PPMT Capital Advisors, LTD and Royal Gulf Capital Corporation on 01/06/2021. Service was made by MAIL. Document filed by FAT Brands Inc...(Bogart, Russell)
January 5, 2021 Opinion or Order Filing 154 OPINION AND ORDER re: #104 MOTION to Dismiss . filed by Mickey Edison, Neil Walsh, Peter Samuel, Kristina Fields, SJ Global Investments Worldwide, Ltd., #149 MOTION for Lisa A. Herbert, Philip M. Busman, Samuel Rosenthal to Withdraw as Attorney . filed by Mickey Edison, Neil Walsh, Peter Samuel, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., #102 MOTION to Dismiss Amended Complaint. filed by Wesley Ramjeet. The Court will not grant leave to amend. The initial pretrial conference is REINSTATED for the remaining parties and adjourned to February 4, 2021 at 3:30 p.m. Counsel for FAT Brands should be prepared to address how it intends to proceed with respect to Defendants PPMT Capital and Royal Gulf. On December 14, 2020, counsel for the SJ Global Defendants moved to withdraw. See ECF No. 149. In light of the dismissal of all claims against the SJ Global Defendants, that motion is denied as moot. Plaintiff shall serve a copy of this Opinion and Order on Defendants Douglas, PPMT Capital, and Royal Gulf no later than January 8, 2021, and shall file proof of such service on the docket no later than January 12, 2021. The Clerk of Court is directed to terminate Wesley Ramjeet, SJ Global Investments Worldwide, Ltd., SJ Global Investments Ltd., Peter Samuel, Neil Walsh, Kristina Fields, and Mickey Edison as Defendants and to terminate ECF Nos. 102, 104, and 149. SO ORDERED., ( Initial Conference set for 2/4/2021 at 03:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/5/21) (yv)
December 17, 2020 Opinion or Order Filing 153 CERTIFICATE OF SERVICE of Motion to Withdraw as Attorney (ECF 149) and Order on Motion to Withdraw (ECF 150) served on SJ Global Investments Worldwide, Ltd., SJ Global Investments Ltd., Neil Walsh, Peter Samuel, Kristina Fields and Mickey Edison on 12/17/2020. Document filed by Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel, Neil Walsh..(Herbert, Lisa)
December 17, 2020 Opinion or Order Filing 152 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #153) - CERTIFICATE OF SERVICE of Motion to Withdraw as Attorney (ECF 149) and Order on Motion to Withdraw (ECF 150) served on SJ Global Investments Worldwide, Ltd., SJ Global Investments Ltd., Neil Walsh, Peter Samuel, Kristina Fields and Mickey Edison on 12/17/2020. Document filed by Karl Douglas, Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel..(Herbert, Lisa) Modified on 12/17/2020 (ldi).
December 16, 2020 Opinion or Order Filing 150 ORDER, By December 21, 2020, the SJ Global Defendants' counsel shall serve (1) the motion and any supporting documents and (2) a copy of this Order on their clients, and by December 23, 2020, file proof of such service on the docket. See S.D.N.Y. Local Rule 1.4. Any opposition to the motion to withdraw shall be filed by January 11, 2021; any reply shall be filed by January 19, 2021. Unless and until the Court grants the motion, Lisa A. Herbert, Philip M. Busman, and Sam Rosenthal remain counsel of record. If the SJ Global Defendants have secured new counsel, new counsel shall promptly enter a notice of appearance to ensure a smooth transition of counsel in the event that the motion to withdraw is granted. SO ORDERED. Set Deadlines/Hearing as to #149 MOTION for Lisa A. Herbert, Philip M. Busman, Samuel Rosenthal to Withdraw as Attorney . :( Responses due by 1/11/2021, Replies due by 1/19/2021.) (Signed by Judge Jesse M. Furman on 12/16/20) (yv)
December 15, 2020 Opinion or Order Filing 151 POST JUDGMENT INTERROGATORY RESPONSE ON BEHALF OF PPMT CAPITAL ADVISORS.Document filed by Karl Douglas.(sc)
December 14, 2020 Opinion or Order Filing 149 MOTION for Lisa A. Herbert, Philip M. Busman, Samuel Rosenthal to Withdraw as Attorney . Document filed by Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel, Neil Walsh. (Attachments: #1 Affidavit Declaration of Lisa A. Herbert, #2 Affidavit Declaration of Philip M. Busman, #3 Affidavit Declaration of Samuel Rosenthal).(Herbert, Lisa)
October 13, 2020 Opinion or Order Filing 148 FINAL JUDGMENT ON PLAINTIFF'S FIRST CLAIM FOR RELIEF AGAINST THE DEFENDANT PPMT CAPITAL ADVISORS, LTD.: It is Ordered and Adjudged that: 1. The Clerk is to enter a final judgment in this matter on Plaintiff's First Claim for Relief Against PPMT Capital Advisors, Ltd. directing that Plaintiff FAT Brands, Inc. recover the amount of $634,100 in compensatory damages; 2. Plaintiff is entitled to prejudgment interest under CPLR 5001(b) at the rate of nine percent per annum, accruing from December 20, 2018 through October 14, 2020, for a total of 665 days, in the amount of $156.35 per day, for a total amount of prejudgment interest of $103,975; 3. Plaintiff is entitled to Final Judgment on its First Claim for Relief Against Defendant PPMT Capital Advisors, Ltd. in the amount of $738,075, together with any post-judgment interest as permitted by law; IT IS FURTHER ORDERED, ADJUDGED AND DECREED: that this Court shall retain jurisdiction of this matter for purposes of enforcing the terms of this Judgment. There being no just reason for delay, pursuant to Rule 54 (b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment on Plaintiff's First Claim For Relief Against the Defendant PPMT Capital Advisors, Ltd. forthwith and without further notice. (Signed by Judge Jesse M. Furman on 10/13/2020) PPMT Capital Advisors, Ltd. terminated. (ks)
October 13, 2020 Opinion or Order Filing 147 PROPOSED JUDGMENT. Document filed by FAT Brands Inc...(Bogart, Russell)
October 9, 2020 Opinion or Order Filing 146 MEMORANDUM OPINION AND ORDER. In light of Plaintiff's representation that "FAT Brands would elect to limit itself to the damages demanded in its default motion on the First Claim For Relief" in the event the Court reached this conclusion, ECF No. 144, at 5-6, the Court will enter judgment for the sum certain Plaintiff is seeking and deems Plaintiff to have waived any request for other damages under the First Claim For Relief. No later than October 13, 2020, Plaintiff shall file a proposed judgment ( on ECF and, simultaneously, by email in Word format) calculating prejudgment interest as of October 14, 2020. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/9/20) (yv)
October 8, 2020 Opinion or Order Filing 145 LETTER addressed to Judge Jesse M. Furman from Russell Bogart dated October 8, 2020 re: in camera review pursuant to October 2, 2020 Order. Document filed by FAT Brands Inc...(Bogart, Russell)
October 8, 2020 Opinion or Order Filing 144 LETTER addressed to Judge Jesse M. Furman from Russell Bogart dated October 8, 2020 re: October 2, 2020 Order. Document filed by FAT Brands Inc...(Bogart, Russell)
October 2, 2020 Opinion or Order Filing 143 DEFAULT JUDGMENT. It is: ORDERED, ADJUDGED AND DECREED: That Plaintiff FAT Brands Inc. shall have judgment against defendant PPMT Capital Advisors, Ltd. as to liability, and only with respect to the First Claim for Relief set forth in Plaintiff's Amended Complaint. Plaintiff FAT Brands Inc. shall file a letter no later than October 8, 2020 addressing 1) whether the attorney's fees it seeks are recoverable as damages for the liability established for the First Claim for Relief; 2) whether the attorney's fees sought should be reviewed for fairness and reasonableness; and 3) whether the Court has authority to enter partial judgment as to damages for the First Claim for Relief while allowing Plaintiff to seek further damages for the same claim at a future date. By the same date, Plaintiff shall also file under seal for ex parte in camera review the records supporting Plaintiff's entitlement to the attorneys' fees sought. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/2/20) (yv)
October 2, 2020 Opinion or Order Filing 142 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by FAT Brands Inc...(Bogart, Russell) Proposed Default Judgment to be reviewed by Clerk's Office staff.
October 2, 2020 Opinion or Order Filing 141 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by FAT Brands Inc.(Bogart, Russell) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 10/2/2020 (dt).
October 2, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Russell Bogart to RE-FILE Document #141 Proposed Default Judgment,. ERROR(S): Title of Document is Wrong. Change Title of Document Default Judgment, then refile using the event type Default Judgment found under the event list Proposed Orders. (dt)
October 2, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #142 Proposed Default Judgment was reviewed and approved as to form. (km)
October 1, 2020 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing re Default Judgment held on 10/1/2020. Russell Bogart present for Plaintiff. No one present for Defendants. Court reporter present. (ab)
September 22, 2020 Opinion or Order Filing 140 CERTIFICATE OF SERVICE of Order (Document No. 139) dated September 21, 2020 served on Karl Douglas on September 22, 2020. Service was made by MAIL. Document filed by FAT Brands Inc...(Bogart, Russell)
September 22, 2020 Opinion or Order Filing 139 ORDER, The hearing scheduled for October 1, 2020 at 3:30 p.m. will be held remotely by teleconference in accordance with Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the hearing by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the hearing.) As stated in Rule 2(C)(ii) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, no later than 24 hours before the hearing, the parties shall email the Court a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. More broadly, counsel should review and comply with the rules and guidance regarding teleconferences set forth in the Court's Emergency Individual Rules and Practices in Light of COVID-19. Any party that objects to the entry of default judgment against Defendant PPMT Capital Advisors, Ltd. on Plaintiff's First Claim of Relief shall file an opposition no later than September 24, 2020. Plaintiff shall promptly serve this order on Defendant Karl Douglas and file proof of such service. SO ORDERED. ( Telephone Conference set for 10/1/2020 at 03:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/21/20) (yv)
August 31, 2020 Opinion or Order Filing 138 AFFIDAVIT OF SERVICE of Memo Endorsed Letter requesting a one-month extension to the 8/25/20 deadline served on Karl Douglas, PPMT CAPITAL ADVISORS, LTD and ROYAL GULF CAPITAL CORPORATION on August 26, 2020. Service was made by MAIL. Document filed by FAT Brands Inc...(Bogart, Russell)
August 26, 2020 Opinion or Order Filing 137 MEMO ENDORSEMENT on re: #136 Letter request a one-month extension to the 8/25/20 deadline, filed by Karl Douglas. ENDORSEMENT : The request for an extension of the deadline to oppose Plaintiff's motion for default judgment is DENIED, both because it is untimely and because Mr. Douglas, as a non-lawyer, cannot appear on behalf of the corporate Defendants. That said, in light of the Second Circuit's strong preference for resolving disputes on the merits, see, e.g., City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 129 (2d Cir. 2011), should PPMT Capital or Royal Gulf Capital enter an appearance prior to the show cause hearing on October 1, 2020, the Court may revisit whether proceeding with the default judgment proceedings is appropriate. No later than August 31, 2020, Plaintiff shall serve this endorsed letter on Mr. Douglas and file proof of such service. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/26/20) (yv)
August 25, 2020 Opinion or Order Filing 136 LETTER addressed to Judge Jesse M. Furman from Karl Douglas, dated 8/25/20 re: I write with respect to the Court's Order dated 7/18/20, directing plaintifff to file a motion seeking entry of a default judgment. I write to request a one-month extension to the 8/25/20 deadline. Document filed by Karl Douglas.(sc)
August 19, 2020 Opinion or Order Filing 135 AFFIDAVIT OF SERVICE of Motion for Default Judgement and Supporting Documents served on PPMT Capital Advisors, Ltd. and Royal Gulf Capital Corporation on 8/18/2020. Service was made by Mail. Document filed by FAT Brands Inc...(Bogart, Russell)
August 18, 2020 Opinion or Order Filing 134 MEMORANDUM OF LAW in Support re: #131 MOTION for Default Judgment as to Defendant PPMT Capital Advisors, LTD. . Document filed by FAT Brands Inc...(Bogart, Russell)
August 18, 2020 Opinion or Order Filing 133 DECLARATION of Allen Z. Sussman in Support re: #131 MOTION for Default Judgment as to Defendant PPMT Capital Advisors, LTD.. Document filed by FAT Brands Inc...(Bogart, Russell)
August 18, 2020 Opinion or Order Filing 132 DECLARATION of Russell Bogart in Support re: #131 MOTION for Default Judgment as to Defendant PPMT Capital Advisors, LTD.. Document filed by FAT Brands Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Certificate of Default).(Bogart, Russell)
August 18, 2020 Opinion or Order Filing 131 MOTION for Default Judgment as to Defendant PPMT Capital Advisors, LTD. Document filed by FAT Brands Inc.. Responses due by 8/25/2020 Return Date set for 10/1/2020 at 03:30 PM..(Bogart, Russell)
August 10, 2020 Opinion or Order Filing 130 MEMO ENDORSEMENT on re: #128 Letter filed by FAT Brands Inc., ENDORSEMENT: Application GRANTED. Plaintiff shall filed any motion for default judgment by August 18, 2020 and PPMT Capital and Royal Gulf Capital shall file any opposition by August 25, 2020. The hearing on the default judgment motion currently scheduled for September 3, 2020 is RESCHEDULED to October 1, 2020 at 3:30 p.m. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/10/2020) ( Motions due by 8/18/2020., Responses due by 8/25/2020, Show Cause Hearing set for 10/1/2020 at 03:30 PM before Judge Jesse M. Furman.) (ks)
August 10, 2020 Opinion or Order Filing 129 AFFIDAVIT OF SERVICE of courtesy copy of the letter addressed to Judge Jesse M. Furman from Russell Bogart dated August 7, 2020 re: July 28, 2020 Order served on PPMT CAPITAL ADVISORS, LTD and ROYAL GULF CAPITAL CORPORATION on 08/07/2020. Service was made by Mail. Document filed by FAT Brands Inc...(Bogart, Russell)
August 7, 2020 Opinion or Order Filing 128 LETTER addressed to Judge Jesse M. Furman from Russell Bogart dated August 7, 2020 re: July 28, 2020 Order. Document filed by FAT Brands Inc...(Bogart, Russell)
July 29, 2020 Opinion or Order Filing 127 AFFIDAVIT OF SERVICE of Order Scheduling Default Judgment Briefing and Show Cause Hearing dated July 28, 2020 served on PPMT CAPITAL ADVISORS, LTD and ROYAL GULF CAPITAL CORPORATION on July 28, 2020. Service was made by MAIL. Document filed by FAT Brands Inc...(Bogart, Russell)
July 28, 2020 Opinion or Order Filing 126 ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING. It is hereby ORDERED that any motion for default judgment shall be filed, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at http://nysd.uscourts.gov/judge/Furman), no later than August 11, 2020. Plaintiffs should address in the motion why default judgment should be entered now as opposed to waiting until the pending motions filed by other Defendants are resolved and/or until judgment has been entered. Defendant shall file any opposition to the motion for default judgment no later than August 18, 2020. Defendants are cautioned that a corporation may appear in federal court only through licensed counsel, and "where a corporation repeatedly fails to appear by counsel, a default judgment may be entered against it." Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted). If a motion for default judgment is filed, it is further ORDERED that Defendants PPMT Capital and Royal Gulf Capital appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on September 3, 2020, at 3:15 p.m., why an order should not be issued granting a default judgment against Defendants PPMT Capital and Royal Gulf Capital. Prior to that date, Plaintiff must file the proposed default judgment order electronically, using the ECF Filing Event "Proposed Default Judgment," for the Clerk's approval. It is further ORDERED that Plaintiff serve Defendants PPMT Capital and Royal Gulf Capital via overnight courier (1) with a copy of this Order within one business day of the date of this Order; and (2) with a copy of the motion for default judgment and all supporting papers within one business day of the date of any such motion. In each case, within two business days of service, Plaintiff must file proof of such service on the docket. SO ORDERED. ( Show Cause Hearing set for 9/3/2020 at 03:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.), ( Motions due by 8/11/2020., Responses due by 8/18/2020) (Signed by Judge Jesse M. Furman on 7/28/20) (yv)
July 28, 2020 Opinion or Order Filing 125 CLERK'S CERTIFICATE OF DEFAULT as to PPMT Capital Advisors, Ltd. and Royal GulfCapital Corporation.(km)
July 27, 2020 Opinion or Order Filing 124 DECLARATION of Russell Bogart in Support re: #123 Proposed Clerk's Certificate of Default. Document filed by FAT Brands Inc...(Bogart, Russell)
July 27, 2020 Opinion or Order Filing 123 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by FAT Brands Inc...(Bogart, Russell) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
July 9, 2020 Opinion or Order Filing 122 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. PPMT Capital Advisors, Ltd. served on 7/4/2020, answer due 7/27/2020; Royal Gulf Capital Corporation served on 7/4/2020, answer due 7/27/2020. Service was accepted by Tyler Douglas, Son of Karl Douglas (Officer of PPMT Capital Advisors LTD and Royal Gulf Capital Corporation). Service was made by Mail. Document filed by FAT Brands Inc...(Bogart, Russell)
July 9, 2020 Opinion or Order Filing 121 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. PPMT Capital Advisors, Ltd. served on 7/2/2020, answer due 7/23/2020. Service was accepted by Sue Zouky, Authorized Agent. Document filed by FAT Brands Inc...(Bogart, Russell)
July 9, 2020 Opinion or Order Filing 120 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Royal Gulf Capital Corporation served on 7/2/2020, answer due 7/23/2020. Service was accepted by Sue Zouky, Authorized Agent. Document filed by FAT Brands Inc...(Bogart, Russell)
July 1, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Russell Bogart. RE-FILE Document No. #118 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not cite the service of the amended complaint. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies)who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, cites the service of the amended complaint. (km)
June 29, 2020 Opinion or Order Filing 119 AFFIDAVIT of Russell Bogart in Support re: #118 Proposed Clerk's Certificate of Default. Document filed by FAT Brands Inc...(Bogart, Russell)
June 29, 2020 Opinion or Order Filing 118 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by FAT Brands Inc...(Bogart, Russell) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/1/2020 (km).
June 29, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Russell Bogart. RE-FILE Document No. #117 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 (please use the sample clerk's certificate that is on our website under forms, the clerk's certificate that was filed on the docket is not as to form), then file the affidavit in support as a separate entry. (Filed under other answers, affidavit in support of a non-motion). (km)
June 26, 2020 Opinion or Order Filing 117 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by FAT Brands Inc.. (Attachments: #1 Request for Certificate of Default, #2 Declaration of Russell Bogart in Support of Request for Certificate of Default, #3 Affidavits of Service Upon Defaulting Defendants).(Bogart, Russell) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/29/2020 (km).
June 26, 2020 Opinion or Order Filing 116 NOTICE of Change of Firm Name. Document filed by FAT Brands Inc...(Bogart, Russell)
June 12, 2020 Opinion or Order Filing 115 REPLY MEMORANDUM OF LAW in Support re: #102 MOTION to Dismiss Amended Complaint. . Document filed by Wesley Ramjeet..(Melnick, Stuart)
June 12, 2020 Opinion or Order Filing 114 REPLY to Response to Motion re: #104 MOTION to Dismiss . . Document filed by Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel, Neil Walsh. (Attachments: #1 Exhibit Declaration of Michael Edison, #2 Exhibit Declaration of Peter Samuel).(Herbert, Lisa)
June 10, 2020 Opinion or Order Filing 113 ORDER granting in part and denying in part #112 Letter Motion for Leave to File Excess Pages. The SJ Global Defendants may file an enlarged reply of no more than twenty (20) pages. The Clerk of Court is directed to terminate ECF No. 112. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/10/20) (yv)
June 9, 2020 Opinion or Order Filing 112 LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Lisa A. Herbert dated 06/09/2020. Document filed by Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel, Neil Walsh..(Herbert, Lisa)
May 29, 2020 Opinion or Order Filing 111 MEMORANDUM OF LAW in Opposition re: #104 MOTION to Dismiss . . Document filed by FAT Brands Inc...(Bogart, Russell)
May 29, 2020 Opinion or Order Filing 110 MEMORANDUM OF LAW in Opposition re: #102 MOTION to Dismiss Amended Complaint. . Document filed by FAT Brands Inc...(Bogart, Russell)
May 12, 2020 Opinion or Order Filing 109 MEMO ENDORSEMENT on re: #108 Letter. ENDORSEMENT: Application GRANTED, and the proposed deadlines are adopted. Plaintiff shall file a single opposition, not to exceed 50 pages, in response to the motion to dismiss filed by the SJ Global Defendants at ECF No. 104. The standard page limits provided by the Court's Individual Rules and Practices shall apply to Plaintiff's opposition to the motion to dismiss filed by Defendant Ramjeet at ECF No. 102. (Set Deadlines/Hearing as to #102 MOTION to Dismiss Amended Complaint, #104 MOTION to Dismiss: Responses due by 5/29/2020, Replies due by 6/12/2020.) (Signed by Judge Jesse M. Furman on 5/12/2020) (jwh)
May 11, 2020 Opinion or Order Filing 108 LETTER addressed to Judge Jesse M. Furman from Russell Bogart dated May 11, 2020 re: request an adjournment of the briefing schedule on the pending motions to dismiss the amended complaint. Document filed by FAT Brands Inc...(Bogart, Russell)
May 4, 2020 Opinion or Order Filing 107 ORDER denying as moot #48 Motion to Dismiss; denying as moot #56 Motion to Dismiss; denying as moot #93 Motion to Dismiss; denying as moot #95 Motion to Dismiss. In light of Defendants' new motions to dismiss, see ECF Nos. 102, 104, Defendants' earlier motions to dismiss filed at ECF Nos. 48, 56, 93, and 95, are hereby DENIED as moot. Plaintiff's oppositions to the new motions to dismiss are due by May 15, 2020. Defendants' replies, if any, are due by May 22, 2020. Counsel for the SJ Global Defendants shall file a single reply on behalf of all Defendants they represent. The Clerk of Court is directed to terminate ECF No. 48, 56, 93, and 95. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/4/20) (yv)
May 4, 2020 Opinion or Order Set/Reset Deadlines as to #102 MOTION to Dismiss Amended Complaint., #104 MOTION to Dismiss . Responses due by 5/15/2020. Replies due by 5/22/2020. (yv)
May 1, 2020 Opinion or Order Filing 106 LETTER addressed to Judge Jesse M. Furman from Lisa A. Herbert re: Correction to DKT 104. Document filed by Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel, Neil Walsh..(Herbert, Lisa)
May 1, 2020 Opinion or Order Filing 105 MEMORANDUM OF LAW in Support re: #104 MOTION to Dismiss . Amended Complaint. Document filed by Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel, Neil Walsh. (Attachments: #1 Exhibit Declaration of SJ Investments, #2 Exhibit Declaration of Kristina Fields, #3 Exhibit Declaration of Peter Samuel, #4 Exhibit Declaration of Neil Walsh, #5 Exhibit Declaration of Michael Edison).(Herbert, Lisa)
May 1, 2020 Opinion or Order Filing 104 MOTION to Dismiss . Document filed by Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., Peter Samuel, Neil Walsh..(Herbert, Lisa)
May 1, 2020 Opinion or Order Filing 103 MEMORANDUM OF LAW in Support re: #102 MOTION to Dismiss Amended Complaint. . Document filed by Wesley Ramjeet..(Melnick, Stuart)
May 1, 2020 Opinion or Order Filing 102 MOTION to Dismiss Amended Complaint. Document filed by Wesley Ramjeet..(Melnick, Stuart)
April 29, 2020 Opinion or Order Filing 101 ORDER....Douglas's Answer is invalid as to PPMT Capital Advisors, Ltd., and Royal Gulf Capital Corporation and hereby STRICKEN as to them. The Answer is deemed to have been filed solely on Douglas's behalf. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/29/20) (yv) Modified on 4/29/2020 (yv).
April 27, 2020 Opinion or Order ***DELETED ENTRY. Deleted entry: STRICKEN DOCUMENT. The entry was incorrectly filed in this case. (yv)
April 27, 2020 Opinion or Order Filing 100 ***STRICKEN ANSWER as to PPMT Capital Advisors, Ltd., and Royal Gulf Capital Corporation. Their answer was stricken from this case pursuant to #101 Order Striking Answer from Record,. (yv) ANSWER OF DEFENDANT KARL DOUGLAS, PPMT CAPITAL ADDISORS, LTD., ROYAL GULF CAPITAL CORPORATION to #97 Amended Complaint. Document filed by Karl Douglas, PPMT Capital Advisors, Ltd., Royal Gulf Capital Corporation. (rjm) Modified on 4/29/2020 (yv).
April 22, 2020 Opinion or Order Filing 99 MEMO ENDORSEMENT on #98 Letter Motion for Leave to File Excess Pages: To minimize the burdens on the Court, counsel shall file a single memorandum of law - not to exceed 50 pages - on behalf of ALL Defendants they represent, including Mr. Edison, unless the Court grants leave to file separate motions. In light of the foregoing, the deadline to file motions to dismiss the Amended Complaint is extended for all Defendants, including Mr. Ramjeet, to May 1, 2020. The Clerk of Court is directed to terminate ECF. No 98. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/22/2020) (ab)
April 22, 2020 Opinion or Order Filing 98 LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Lisa A. Herbert dated 04/22/2020. Document filed by Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., Peter Samuel, Neil Walsh..(Herbert, Lisa)
April 3, 2020 Opinion or Order Filing 97 AMENDED COMPLAINT amending #17 Complaint, against Karl Douglas, Mickey Edison, Kristina Fields, PPMT Capital Advisors, Ltd., Wesley Ramjeet, Royal Gulf Capital Corporation, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel, Neil Walsh with JURY DEMAND.Document filed by FAT Brands Inc.. Related document: #17 Complaint,. (Attachments: #1 Exhibit Exhibit A to the Amended Complaint, #2 Exhibit Exhibit B to the Amended Complaint).(Bogart, Russell)
March 13, 2020 Opinion or Order Filing 96 MEMORANDUM OF LAW in Support re: #95 MOTION to Dismiss . . Document filed by Mickey Edison. (Attachments: #1 Exhibit Declaration of Mickey Edison).(Herbert, Lisa)
March 13, 2020 Opinion or Order Filing 95 MOTION to Dismiss . Document filed by Mickey Edison..(Herbert, Lisa)
March 13, 2020 Opinion or Order Filing 94 MEMORANDUM OF LAW in Support re: #93 MOTION to Dismiss . . Document filed by Kristina Fields, SJ Global Investments Worldwide, Ltd., Peter Samuel, Neil Walsh. (Attachments: #1 Exhibit Declaration of SJ Global Investments Worldwide, #2 Exhibit Declaration of Kristina Fields, #3 Exhibit Declaration of Peter Samuel, #4 Exhibit Declaration of Neil Walsh).(Herbert, Lisa)
March 13, 2020 Opinion or Order Filing 93 MOTION to Dismiss . Document filed by Kristina Fields, SJ Global Investments Worldwide, Ltd., Peter Samuel, Neil Walsh..(Herbert, Lisa)
February 13, 2020 Opinion or Order Filing 92 ORDER granting #87 Letter Motion for Extension of Time. Application GRANTED, and the proposed deadlines are adopted. To the maximum extent possible, Defendants shall endeavor to file jointly and minimize the number of motions. The Clerk of Court is directed to terminate ECF No. 87. SO ORDERED. (Amended Pleadings due by 4/3/2020.)(Signed by Judge Jesse M. Furman on 2/13/20) (yv)
February 13, 2020 Opinion or Order Filing 91 AFFIDAVIT OF SERVICE. Mickey Edison served on 2/12/2020, answer due 3/4/2020. Document filed by FAT Brands Inc...(Bogart, Russell)
February 13, 2020 Opinion or Order Filing 90 AFFIDAVIT OF SERVICE. Peter Samuel served on 2/12/2020, answer due 3/4/2020. Document filed by FAT Brands Inc...(Bogart, Russell)
February 13, 2020 Opinion or Order Set/Reset Deadlines: Mickey Edison answer due 3/13/2020; Kristina Fields answer due 3/13/2020; SJ Global Investments Worldwide, Ltd. answer due 3/13/2020; Peter Samuel answer due 3/13/2020; Neil Walsh answer due 3/13/2020. (yv)
February 13, 2020 Opinion or Order Set/Reset Deadlines as to #48 MOTION to Dismiss ., #56 MOTION to Dismiss Notice of Motion to Dismiss. Responses due by 4/3/2020. Replies due by 4/10/2020. (yv)
February 12, 2020 Opinion or Order Filing 88 ORDER granting #86 Letter Motion for Leave to File Excess Pages. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 86. (Signed by Judge Jesse M. Furman on 2/12/2020) (cf)
February 12, 2020 Opinion or Order Filing 87 CONSENT LETTER MOTION for Extension of Time re: Briefing Schedule addressed to Judge Jesse M. Furman from Lisa A. Herbert dated 02/12/2020. Document filed by Mickey Edison, Kristina Fields, SJ Global Investments Worldwide, Ltd., Peter Samuel, Neil Walsh..(Herbert, Lisa)
February 12, 2020 Opinion or Order Filing 86 LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Lisa A. Herbert dated 02/12/2020. Document filed by Kristina Fields, SJ Global Investments Worldwide, Ltd., Neil Walsh..(Herbert, Lisa)
February 11, 2020 Opinion or Order Filing 85 MEMORANDUM OPINION AND ORDER re: #59 MOTION to Serve Process By Substituted Service filed by FAT Brands Inc. Accordingly, within two business days of the date of this Order, Plaintiff shall serve the relevant summonses and Complaint (including any exhibits to the Complaint) on Defendants Samuel and Edison by overnight courier and email to Defendants' counsel at Nelson Mullins and by email to Defendants' email addresses. Plaintiff shall file proof of service within one business day of service. Plaintiff's letter-motion to strike Defendants' letter-response, see ECF No. 84, is DENIED as moot. The Clerk of Court is directed to terminate ECF No. 59. (Signed by Judge Jesse M. Furman on 2/10/2020) (mro)
February 10, 2020 Opinion or Order Filing 89 ANSWER OF DEFENDANT KARL DOUGLAS, to #17 Complaint. Document filed by Karl Douglas.(sc)
February 10, 2020 Opinion or Order Filing 84 LETTER addressed to Judge Jesse M. Furman from Russell Bogart dated February 10, 2020 re: responding to Lisa A. Herbert Letter dated February 5, 2020 (Dkt. No. 83). Document filed by FAT Brands Inc...(Bogart, Russell)
February 5, 2020 Opinion or Order Filing 83 LETTER addressed to Judge Jesse M. Furman from Lisa A. Herbert dated 02/05/2020 re: Opposition to Plaintiffs Substituted Service Motion at ECF Nos. 59-61, 81-82. Document filed by Mickey Edison, Peter Samuel..(Herbert, Lisa)
January 29, 2020 Opinion or Order Filing 82 DECLARATION of Russell Bogart in Support re: #59 MOTION to Serve Process By Substituted Service.. Document filed by FAT Brands Inc.. (Attachments: #1 Exhibit Exhibit 1 to Decl. of R. Bogart In Support of Motion For Leave To Serve Process By Substituted Service, #2 Exhibit Exhibit 2 to Decl. of R. Bogart In Support of Motion For Leave To Serve Process By Substituted Service, #3 Exhibit Exhibit 3 to Decl. of R. Bogart In Support of Motion For Leave To Serve Process By Substituted Service, #4 Exhibit Exhibit 4 to Decl. of R. Bogart In Support of Motion For Leave To Serve Process By Substituted Service, #5 Exhibit Exhibit 5 to Decl. of R. Bogart In Support of Motion For Leave To Serve Process By Substituted Service, #6 Exhibit Exhibit 6 to Decl. of R. Bogart In Support of Motion For Leave To Serve Process By Substituted Service, #7 Exhibit Exhibit 7 to Decl. of R. Bogart In Support of Motion For Leave To Serve Process By Substituted Service)(Bogart, Russell)
January 29, 2020 Opinion or Order Filing 81 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #59 MOTION to Serve Process By Substituted Service. . Document filed by FAT Brands Inc.. (Bogart, Russell)
January 28, 2020 Opinion or Order Filing 80 NOTICE OF APPEARANCE by Samuel Rosenthal on behalf of Mickey Edison, Peter Samuel. (Rosenthal, Samuel)
January 28, 2020 Opinion or Order Filing 79 NOTICE OF APPEARANCE by Philip M. Busman on behalf of Mickey Edison, Peter Samuel. (Busman, Philip)
January 28, 2020 Opinion or Order Filing 78 NOTICE OF APPEARANCE by Lisa Ann Herbert on behalf of Mickey Edison, Peter Samuel. (Herbert, Lisa)
January 28, 2020 Opinion or Order Filing 77 LETTER addressed to Judge Jesse M. Furman from Lisa A. Herbert dated 1/28/2020 re: Representation of Michael J. Edison and Peter Samuel. Document filed by Mickey Edison, Peter Samuel.(Herbert, Lisa)
January 24, 2020 Opinion or Order Filing 76 MEMO ENDORSEMENT on re: #75 Letter Pro Hac Admission Extension to Additional Defendants filed by Neil Walsh, Kristina Fields, SJ Global Investments Worldwide, Ltd. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 1/24/20) (yv)
January 23, 2020 Opinion or Order Filing 75 LETTER addressed to Judge Jesse M. Furman from Philip M. Busman dated 1/23/2020 re: Pro Hac Admission Extension to Additional Defendants. Document filed by Kristina Fields, SJ Global Investments Worldwide, Ltd., Neil Walsh.(Busman, Philip)
January 23, 2020 Opinion or Order Filing 74 NOTICE OF APPEARANCE by Philip M. Busman on behalf of Kristina Fields, SJ Global Investments Worldwide, Ltd., Neil Walsh. (Busman, Philip)
January 23, 2020 Opinion or Order Filing 73 NOTICE OF APPEARANCE by Lisa Ann Herbert on behalf of Kristina Fields, SJ Global Investments Worldwide, Ltd., Neil Walsh. (Herbert, Lisa)
January 23, 2020 Opinion or Order Filing 72 NOTICE OF APPEARANCE by Samuel Rosenthal on behalf of Kristina Fields, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Neil Walsh. (Rosenthal, Samuel)
January 22, 2020 Opinion or Order Set/Reset Deadlines: Kristina Fields answer due 2/14/2020; SJ Global Investments Worldwide, Ltd. answer due 2/14/2020; Neil Walsh answer due 2/14/2020. (yv)
January 22, 2020 Opinion or Order Filing 71 ORDER, Within one week of the date of this Order, Ms. Herbert shall file a letter on ECF stating whether any attorney from Nelson Mullins represents Samuel or Edison, or both. If Nelson Mullins represents either or both Defendants, counsel shall promptly file a notice of appearance and shall submit any opposition to the motion at ECF No. 59 by February 5, 2020. Furthermore, counsel from Nelson Mullins shall promptly file a notice of appearance on behalf of Defendants SJ Global Investments Worldwide, Ltd., Neil Walsh, and Kristina Fields, on whose behalf Nelson Mullins has requested an extension of the time to answer or respond to the Complaint. ECF No. 70, at 2. In addition, by January 29, 2020, Plaintiff shall file a supplemental brief addressing what, if any, efforts Plaintiff has made to identify mailing addresses for Samuel and Edison and to attempt to serve them at their physical addresses. Finally, the deadlines proposed in Plaintiffs letter at ECF No. 70 are adopted. SO ORDERED. (Amended Pleadings due by 3/6/2020., Motions due by 2/14/2020., Responses due by 3/6/2020, Replies due by 3/13/2020.) (Signed by Judge Jesse M. Furman on 1/22/20) (yv)
January 21, 2020 Opinion or Order Filing 70 LETTER addressed to Judge Jesse M. Furman from Russell Bogart dated 01-21-2020 re: scheduling. Document filed by FAT Brands Inc..(Bogart, Russell)
January 17, 2020 Opinion or Order Filing 69 ORDER granting #67 Letter Motion for Leave to File Document. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 67. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/16/20) (yv)
January 16, 2020 Opinion or Order Filing 68 AMENDED MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss Notice of Motion to Dismiss. . Document filed by Wesley Ramjeet. (Melnick, Stuart)
January 16, 2020 Opinion or Order Filing 67 LETTER MOTION for Leave to File Amended Memorandum of Law in Support of Motion to Dismiss addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 16, 2020. Document filed by Wesley Ramjeet.(Melnick, Stuart)
January 16, 2020 Opinion or Order Filing 66 ORDER: granting #64 Letter Motion for Leave to File Document. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 64. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/16/2020) (ama)
January 15, 2020 Opinion or Order Filing 65 AMENDED MEMORANDUM OF LAW in Support re: #48 MOTION to Dismiss . . Document filed by SJ Global Investments, Ltd.. (Herbert, Lisa)
January 15, 2020 Opinion or Order Filing 64 LETTER MOTION for Leave to File Amended Memorandum of Law in Support of Motion to Dismiss addressed to Judge Jesse M. Furman from Lisa A. Herbert dated 01/15/2020. Document filed by SJ Global Investments, Ltd..(Herbert, Lisa)
January 15, 2020 Opinion or Order Filing 63 AFFIDAVIT OF SERVICE. Kristina Fields served on 1/7/2020, answer due 1/28/2020; SJ Global Investments Worldwide, Ltd. served on 1/7/2020, answer due 1/28/2020; Neil Walsh served on 1/7/2020, answer due 1/28/2020. Service was made by MAIL. Document filed by FAT Brands Inc.. (Bogart, Russell)
January 14, 2020 Opinion or Order Filing 62 ORDER: In light of Ramjeets motion, the Court's prior scheduling order at ECF No. 55 is VACATED, and it is hereby ORDERED that Plaintiff shall file any amended complaint by January 31, 2020. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by either motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, each Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that Defendant relies on the previously filed motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny Defendants' previously filed motions to dismiss as moot. If Defendants file new motions to dismiss, any opposition shall be filed within fourteen days, and any replies shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file a single, consolidated opposition to both motions to dismiss by January 31, 2020. Defendants' replies, if any, shall be filed by February 7, 2020. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for January 30, 2020, is adjourned sine die. The Clerk of Court is directed to terminate ECF No. 57, as it is duplicative of the motion pending at ECF No. 56. SO ORDERED. (Amended Pleadings due by 1/31/2020, Responses due by 1/31/2020, Replies due by 2/7/2020.), Motions terminated: #57 MOTION to Dismiss Memorandum of Law in Support of Motion to Dismiss. filed by Wesley Ramjeet. (Signed by Judge Jesse M. Furman on 1/14/2020) (jca)
January 14, 2020 Opinion or Order Filing 61 DECLARATION of Russell Bogart in Support re: #59 MOTION to Serve Process By Substituted Service.. Document filed by FAT Brands Inc.. (Attachments: #1 Exhibit Complaint and Exhibit A to Complaint, #2 Exhibit Dec. 11, 2019 email from Opposing Counsel, #3 Exhibit Dec. 12, 2019 letter from Opposing Counsel to the Court, #4 Exhibit Dec. 27, 2019 letter from R. Bogart to Opposing Counsel, #5 Exhibit Dec. 31, 2019 email from Opposing Counsel, #6 Exhibit Jan 7. 2020 email from R. Bogart to Opposing Counsel)(Bogart, Russell)
January 14, 2020 Opinion or Order Filing 60 BRIEF re: #59 MOTION to Serve Process By Substituted Service. . Document filed by FAT Brands Inc..(Bogart, Russell)
January 14, 2020 Opinion or Order Filing 59 MOTION to Serve Process By Substituted Service. Document filed by FAT Brands Inc..(Bogart, Russell)
January 10, 2020 Opinion or Order Filing 58 MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss Notice of Motion to Dismiss. . Document filed by Wesley Ramjeet. (Melnick, Stuart)
January 10, 2020 Opinion or Order Filing 57 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Memorandum of Law in Support of Motion to Dismiss. Document filed by Wesley Ramjeet.(Melnick, Stuart) Modified on 2/4/2020 (ldi).
January 10, 2020 Opinion or Order Filing 56 MOTION to Dismiss Notice of Motion to Dismiss. Document filed by Wesley Ramjeet.(Melnick, Stuart)
January 10, 2020 Opinion or Order Filing 55 Vacated as per Judges Order dated 1/14/2020, Doc. # 62 ORDER: On January 8, 2020, Defendant SJ Global Investments, Ltd. filed a motion to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure. Under Rule 15(a)(1)(B), a plaintiff has twenty-one (21) days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by January 29, 2020. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If Defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendant files a new motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by January 29, 2020. Defendants reply, if any, shall be filed by February 5, 2020. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. SO ORDERED. (Amended Pleadings due by 1/29/2020, Responses due by 1/29/2020, Replies due by 2/5/2020.) (Signed by Judge Jesse M. Furman on 1/9/2020) (jca) Modified on 1/14/2020 (jca).
January 10, 2020 Opinion or Order Filing 54 MEMO ENDORSEMENT on re: #46 Letter, filed by Karl Douglas. ENDORSEMENT: Application GRANTED. Defendant Douglas shall answer, move to dismiss,or otherwise respond to the Complaint by February 10, 2020. The Clerk of Court is directed to (1) modify the docket to indicate that Douglas is (unless and until new counsel enters a notice of appearance on his behalf) proceeding pro se (and to include the address above); and (2) to mail a copy of this endorsed letter to Douglas. All other dates and deadlines remain in place. SO ORDERED. (Karl Douglas answer due 2/10/2020. Motions due by 2/10/2020.) (Signed by Judge Jesse M. Furman on 1/9/2020) (jca) Modified on 1/10/2020 (jca).
January 10, 2020 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: #54 Memo Endorsement to the Docket Assistant Clerk for case processing. (jca)
January 10, 2020 Opinion or Order Mailed a copy of #54 Order, Set Deadlines, to Karl Douglas 1304 Ridge Road Syosset, NY 11791. (vba) Modified on 1/10/2020 (vba).
January 9, 2020 Opinion or Order Filing 53 CERTIFICATE OF SERVICE of Motion to Dismiss and Memorandum in Support of Motion to Dismiss served on Pro Se Defendant Karl Douglas on 1/9/2020. Document filed by SJ Global Investments, Ltd.. (Herbert, Lisa)
January 8, 2020 Opinion or Order Filing 52 ANSWER to #17 Complaint,. Document filed by Onur Tatliadim.(Petratos, Nicholas)
January 8, 2020 Opinion or Order Filing 51 ORDER granting #50 Motion for Philip Marshall Busman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
January 8, 2020 Opinion or Order Filing 50 MOTION for Philip Marshall Busman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SJ Global Investments, Ltd.. (Attachments: #1 Exhibit Declaration, #2 Exhibit Certificate, #3 Exhibit Proposed Order)(Busman, Philip)
January 8, 2020 Opinion or Order Filing 49 MEMORANDUM OF LAW in Support re: #48 MOTION to Dismiss . . Document filed by SJ Global Investments, Ltd.. (Herbert, Lisa)
January 8, 2020 Opinion or Order Filing 48 MOTION to Dismiss . Document filed by SJ Global Investments, Ltd..(Herbert, Lisa)
January 8, 2020 Opinion or Order Filing 47 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SJ Global Investments, Ltd..(Herbert, Lisa)
January 8, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #50 MOTION for Philip Marshall Busman 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)
January 8, 2020 Opinion or Order Pro Hac Vice Fee Paid electronically via Pay.gov: for #50 MOTION for Philip Marshall Busman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number ANYSDC-18453704, paid on 1/8/2020. (wb)
January 7, 2020 Opinion or Order Filing 46 LETTER addressed to Judge Jesse M. Furman from K. Douglas, dated 1/7/20 re: Defendant Karl Douglas writes the Court to request an extension of time to obtain counsel and to prepare a response which is due 1/8/20, because he had to change counsel due to lack of funds. Document filed by Karl Douglas.(sc)
January 6, 2020 Opinion or Order Set/Reset Deadlines: Wesley Ramjeet answer due 1/10/2020. (va)
January 6, 2020 Opinion or Order Filing 45 ORDER granting #44 Letter Motion for Extension of Time. In light of Plaintiff's consent, Defendant Ramjeet's application is GRANTED. Further extensions are unlikely to be granted. The Clerk of Court is directed to terminate ECF No. 44. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/6/2020) (va)
January 3, 2020 Opinion or Order Filing 44 LETTER MOTION for Extension of Time to answer, move or otherwise respond to plaintiff's complaint addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 3, 2020. Document filed by Wesley Ramjeet.(Melnick, Stuart)
January 3, 2020 Opinion or Order Filing 43 NOTICE OF APPEARANCE by Nicholas Theodore Petratos, I on behalf of Onur Tatliadim. (Petratos, Nicholas)
January 2, 2020 Opinion or Order Filing 42 NOTICE OF APPEARANCE by Konstantine George Paschalidis on behalf of Onur Tatliadim. (Paschalidis, Konstantine)
December 13, 2019 Opinion or Order Filing 41 ORDER granting #40 Letter Motion for Extension of Time to Answer re #17 Complaint,. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 40. SO ORDERED. (SJ Global Investments, Ltd. answer due 1/8/2020.) (Signed by Judge Jesse M. Furman on 12/13/19) (yv)
December 12, 2019 Opinion or Order Filing 40 LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Lisa Herbert, Esq. on behalf of SJ Global Investment Ltd. dated 12/12/2019. Document filed by SJ Global Investments, Ltd..(Herbert, Lisa)
December 6, 2019 Opinion or Order Filing 39 ORDER granting #38 Letter Motion for Extension of Time to Answer re: #17 Complaint addressed to Judge Jesse M. Furman from Stuart L. Melnick dated December 5, 2019. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 38. Wesley Ramjeet answer due 1/8/2020. (Signed by Judge Jesse M. Furman on 12/6/2019) (va)
December 5, 2019 Opinion or Order Filing 38 LETTER MOTION for Extension of Time to File Answer re: #17 Complaint, addressed to Judge Jesse M. Furman from Stuart L. Melnick dated December 5, 2019. Document filed by Wesley Ramjeet.(Melnick, Stuart)
December 5, 2019 Opinion or Order Filing 37 NOTICE OF APPEARANCE by Stuart L. Melnick on behalf of Wesley Ramjeet. (Melnick, Stuart)
December 5, 2019 Opinion or Order Filing 36 AFFIDAVIT OF SERVICE. Wesley Ramjeet served on 11/18/2019, answer due 12/9/2019. Service was accepted by Kaitlyn Fryes. Document filed by FAT Brands Inc.. (Bogart, Russell)
December 5, 2019 Opinion or Order Filing 35 AFFIDAVIT OF SERVICE. Onur Tatliadim served on 11/18/2019, answer due 1/8/2020. Service was accepted by Kaitlyn Fryes. Document filed by FAT Brands Inc.. (Bogart, Russell)
December 5, 2019 Opinion or Order Filing 34 AFFIDAVIT OF SERVICE. Karl Douglas served on 11/18/2019, answer due 1/8/2020. Service was accepted by Kaitlyn Fryes. Document filed by FAT Brands Inc.. (Bogart, Russell)
December 5, 2019 Opinion or Order Filing 33 AFFIDAVIT OF SERVICE. SJ Global Investments, Ltd. served on 11/18/2019, answer due 12/9/2019. Service was accepted by Kaitlyn Fryes. Document filed by FAT Brands Inc.. (Bogart, Russell)
December 5, 2019 Opinion or Order Filing 32 AFFIDAVIT OF SERVICE. Royal Gulf Capital Corporation served on 11/18/2019, answer due 1/8/2020. Service was accepted by Kaitlyn Fryes. Document filed by FAT Brands Inc.. (Bogart, Russell)
December 5, 2019 Opinion or Order Filing 31 AFFIDAVIT OF SERVICE. PPMT Capital Advisors, Ltd. served on 11/18/2019, answer due 1/8/2020. Service was accepted by Kaitlyn Fryes. Document filed by FAT Brands Inc.. (Bogart, Russell)
December 4, 2019 Opinion or Order Filing 30 ORDER granting #29 Letter Motion for Extension of Time to Answer re #17 Complaint. Application GRANTED. The deadline for the PPMT defendants to answer or otherwise respond to the Complaint is January 8, 2020. Plaintiff shall file within one week of the date of this Order proof of service of the Summonsand Complaint on any Defendants who have been served. The Clerk of Court is directed to terminate ECF No. 29. SO ORDERED. Karl Douglas answer due 1/8/2020; PPMT Capital Advisors, Ltd. answer due 1/8/2020; Royal Gulf Capital Corporation answer due 1/8/2020; Onur Tatliadim answer due 1/8/2020. (Signed by Judge Jesse M. Furman on 12/4/2019) (kv)
December 4, 2019 Opinion or Order Filing 29 FIRST LETTER MOTION for Extension of Time to File Answer 1.8.2020 addressed to Judge Jesse M. Furman from Jessica M. Sanchez, Esq. dated 12.4.2019. Document filed by Karl Douglas, PPMT Capital Advisors, Ltd., Royal Gulf Capital Corporation, Onur Tatliadim.(Sanchez, Jessica)
November 14, 2019 Opinion or Order Filing 28 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/30/2020 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 11/14/2019) (va)
November 14, 2019 Opinion or Order Filing 27 ELECTRONIC SUMMONS ISSUED as to Onur Tatliadim. (dnh)
November 13, 2019 Opinion or Order Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to Onur Tatliadim, re: #17 Complaint,. Document filed by FAT Brands Inc.. (Bogart, Russell)
November 13, 2019 Opinion or Order Filing 25 ELECTRONIC SUMMONS ISSUED as to Neil Walsh. (sj)
November 13, 2019 Opinion or Order Filing 24 ELECTRONIC SUMMONS ISSUED as to Mickey Edison. (sj)
November 13, 2019 Opinion or Order Filing 23 ELECTRONIC SUMMONS ISSUED as to Kristina Fields. (sj)
November 13, 2019 Opinion or Order Filing 22 ELECTRONIC SUMMONS ISSUED as to Peter Samuel. (sj)
November 13, 2019 Opinion or Order Filing 21 ELECTRONIC SUMMONS ISSUED as to SJ Global Investments, Ltd.. (sj)
November 13, 2019 Opinion or Order Filing 20 ELECTRONIC SUMMONS ISSUED as to SJ Global Investments Worldwide, Ltd.. (sj)
November 13, 2019 Opinion or Order Filing 19 ELECTRONIC SUMMONS ISSUED as to Wesley Ramjeet. (sj)
November 13, 2019 Opinion or Order Filing 18 ELECTRONIC SUMMONS ISSUED as to Karl Douglas. (sj)
November 13, 2019 Opinion or Order Filing 17 COMPLAINT against Karl Douglas, Mickey Edison, Kristina Fields, PPMT Capital Advisors, Ltd., Wesley Ramjeet, Royal Gulf Capital Corporation, SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel, Onur Tatliadim, Neil Walsh. Document filed by FAT Brands Inc.. (Attachments: #1 Exhibit Exhibit A to the Complaint)(Bogart, Russell)
November 13, 2019 Opinion or Order Filing 16 ELECTRONIC SUMMONS ISSUED as to Royal Gulf Capital Corporation. (sj)
November 13, 2019 Opinion or Order Filing 15 ELECTRONIC SUMMONS ISSUED as to PPMT Capital Advisors, Ltd.. (sj)
November 13, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Russell Lewis Bogart to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the wrong party/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. (sj)
November 13, 2019 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (sj)
November 13, 2019 Opinion or Order Magistrate Judge Sarah L. Cave 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. (sj)
November 13, 2019 Opinion or Order Case Designated ECF. (sj)
November 13, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Russell Lewis Bogart to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name in "To" field must match exactly as pleading. 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. (sj)
November 12, 2019 Opinion or Order Filing 14 CIVIL COVER SHEET filed. (Bogart, Russell)
November 12, 2019 Opinion or Order Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Neil Walsh, re: #1 Complaint. Document filed by FAT Brands Inc.. (Bogart, Russell)
November 12, 2019 Opinion or Order Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Mickey Edison, re: #1 Complaint. Document filed by FAT Brands Inc.. (Bogart, Russell)
November 12, 2019 Opinion or Order Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Kristina Fields, re: #1 Complaint. Document filed by FAT Brands Inc.. (Bogart, Russell)
November 12, 2019 Opinion or Order Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Peter Samuel, re: #1 Complaint. Document filed by FAT Brands Inc.. (Bogart, Russell)
November 12, 2019 Opinion or Order Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to SJ Global Investments Ltd., re: #1 Complaint. Document filed by FAT Brands Inc.. (Bogart, Russell)
November 12, 2019 Opinion or Order Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to SJ Global Investments Worldwide Ltd., re: #1 Complaint. Document filed by FAT Brands Inc.. (Bogart, Russell)
November 12, 2019 Opinion or Order Filing 7 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Onur Tatliadim, re: #1 Complaint. Document filed by FAT Brands Inc.. (Bogart, Russell) Modified on 11/13/2019 (sj).
November 12, 2019 Opinion or Order Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Wesley Ramjeet, re: #1 Complaint. Document filed by FAT Brands Inc.. (Bogart, Russell)
November 12, 2019 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Karl Douglas, re: #1 Complaint. Document filed by FAT Brands Inc.. (Bogart, Russell)
November 12, 2019 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Royal Gulf Capital Corporation, re: #1 Complaint. Document filed by FAT Brands Inc.. (Bogart, Russell)
November 12, 2019 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to PPMT Capital Advisors, Ltd., re: #1 Complaint. Document filed by FAT Brands Inc.. (Bogart, Russell)
November 12, 2019 Opinion or Order Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fog Cutter Capital Group, Inc. for FAT Brands Inc.. Document filed by FAT Brands Inc..(Bogart, Russell)
November 12, 2019 Opinion or Order Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-18044269)Document filed by FAT Brands Inc.. (Attachments: #1 Exhibit Exhibit A to Complaint)(Bogart, Russell) Modified on 11/13/2019 (sj).

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Search for this case: FAT Brands Inc. v. PPMT Capital Advisors, Ltd. et al
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Defendant: Wesley Ramjeet
Represented By: Stuart L. Melnick
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Defendant: Royal Gulf Capital Corporation
Represented By: Michael Douglas Steger
Represented By: Richard Alan Roth
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Defendant: Neil Walsh
Represented By: Lisa Ann Herbert
Represented By: Philip M. Busman
Represented By: Samuel Rosenthal
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Defendant: Onur Tatliadim
Represented By: Konstantine George Paschalidis
Represented By: Nicholas Theodore Petratos, I
Represented By: Nicholas Theodore Petratos
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Defendant: Kristina Fields
Represented By: Lisa Ann Herbert
Represented By: Philip M. Busman
Represented By: Samuel Rosenthal
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Defendant: Peter Samuel
Represented By: Lisa Ann Herbert
Represented By: Philip M. Busman
Represented By: Samuel Rosenthal
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Defendant: SJ Global Investments, Ltd.
Represented By: Philip M. Busman
Represented By: Lisa Ann Herbert
Represented By: Samuel Rosenthal
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Defendant: PPMT Capital Advisors, Ltd.
Represented By: Michael Douglas Steger
Represented By: Richard Alan Roth
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Defendant: Mickey Edison
Represented By: Lisa Ann Herbert
Represented By: Philip M. Busman
Represented By: Samuel Rosenthal
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Defendant: SJ Global Investments Worldwide, Ltd.
Represented By: Lisa Ann Herbert
Represented By: Philip M. Busman
Represented By: Samuel Rosenthal
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Defendant: Karl Douglas
Represented By: Michael Douglas Steger
Represented By: Richard Alan Roth
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Plaintiff: FAT Brands Inc.
Represented By: Russell Lewis Bogart
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