Deluca et al v. GPB Automotive Portfolio, LP et al
| Drew R. Naylor, Barbara Deluca, Peggy Rollo, James Staples, as Trustee of the 616 MOVED TRUST, Robert (Bob) Ricci, Peter Beddia and Michael Oles |
| GPB Holdings II, LP, Axiom Capital Management, Inc., Mark Martino, GPB Capital Holdings, LLC, David Gentile, Jeffrey Schneider, Ascendant Capital, LLC, Jeffrey Lash, Ascendancy Alternative Strategies, LLC, GPB Automotive Portfolio, LP, Macrina Kgil, GPB Holdings, LP, Crowe LLP, EisnerAmper LLP, Margolin, Winer & Evens LLP, RSM US LLP, CohnReznick LLP, Minchung Kgil and GPB Waste Management, LP |
| 1:2019cv10498 |
| November 12, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lewis A Kaplan |
| Jennifer E Willis |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity Action |
| Both |
Docket Report
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Filing 273
LETTER addressed to Magistrate Judge Jennifer Willis from Caroline A. Wong dated September 29, 2023 re: Defendants EisnerAmper LLP's and CohnReznick LLP's Notice Regarding Motion-to-Dismiss Briefing. Document filed by CohnReznick LLP, EisnerAmper LLP..(Wong, Caroline)
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Filing 272
ORDER: In the future, the Parties are directed to be more mindful of the Court's limited resources. The following briefing schedule is adopted: Auditor Defendants shall file their omnibus motion by November 2, 2023. The omnibus Motion to Dismiss shall be limited to 25 pages. The 25-page memorandum of law addressing common issues shall be signed by all the Auditor Defendants. Each Auditor Defendant may then submit a separate memorandum of law with any arguments that are specific to that Defendant. Those separate, Defendant-specific briefs are limited to ten pages, double-spaced. If the Auditor Defendants object to these limits, they must inform the Court by September 29th. If they object, the Auditor Defendants may each file their own 25-page Motion to Dismiss, but then they may not reference each other's papers and must detail all aspects of their arguments within those 25 pages. Plaintiffs shall file their memorandum of law by December 15, 2023. If the Auditor Defendants file an omnibus brief, the omnibus Opposition shall be limited to fifty pages. If the Auditor Defendants elect not to file an omnibus brief, the Opposition to each Motion to Dismiss shall be only 25 pages. Auditor Defendants shall file their Reply memoranda of law by January 12, 2024. If an omnibus brief, this shall be limited to fifteen pages, if not, each Reply shall be limited to ten pages. SO ORDERED. ( Motions due by 11/2/2023., Replies due by 1/12/2024., Responses due by 12/15/2023) (Signed by Magistrate Judge Jennifer E Willis on 9/25/2023) (tg)
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Filing 271
LETTER addressed to Magistrate Judge Jennifer Willis from Katherine M. Turner dated 09/25/2023 re: Defendants' Response to Plaintiffs' 9/22/2023 Letter Concerning Page Limitations for MTD Briefing. Document filed by CohnReznick LLP, Crowe LLP, EisnerAmper LLP, Margolin, Winer & Evens LLP, RSM US LLP..(Turner, Katherine)
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Filing 270
LETTER addressed to Magistrate Judge Jennifer Willis from Daniel L. Berger dated September 22, 2023 re: Proposed Scheduling Order re Motion to Dismiss Briefing. Document filed by Peter Beddia, Barbara Deluca, Drew R. Naylor, Michael Oles, Robert (Bob) Ricci, Peggy Rollo, James Staples, as Trustee of the 616 MOVED TRUST. (Attachments: #1 Proposed Order Proposed Scheduling Order re Motion to Dismiss Briefing).(Berger, Daniel)
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Filing 269
SECOND AMENDED COMPLAINT amending #2 Complaint, #265 Amended Complaint,, #266 Amended Complaint,,, #83 Complaint, #117 Amended Complaint, #132 Amended Complaint,, against CohnReznick LLP, Crowe LLP, EisnerAmper LLP, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, GPB Holdings, LP, GPB Waste Management, LP, David Gentile, Jeffrey Lash, Macrina Kgil, Margolin, Winer & Evens LLP, RSM US LLP with JURY DEMAND.Document filed by Barbara Deluca, Michael Oles, James Staples, as Trustee of the 616 MOVED TRUST, Drew R. Naylor, Robert (Bob) Ricci, Peggy Rollo, Peter Beddia. Related document: #2 Complaint, #265 Amended Complaint,, #266 Amended Complaint,,, #83 Complaint, #117 Amended Complaint, #132 Amended Complaint,,..(Berger, Daniel)
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Filing 268
***SELECTED PARTIES***SECOND AMENDED COMPLAINT amending #2 Complaint, #265 Amended Complaint,, #266 Amended Complaint,,, #83 Complaint, #117 Amended Complaint, against David Gentile, EisnerAmper LLP, CohnReznick LLP, GPB Capital Holdings, LLC, GPB Holdings, LP, RSM US LLP, Margolin, Winer & Evens LLP, Jeffrey Lash, GPB Holdings II, LP, Crowe LLP, Macrina Kgil, GPB Waste Management, LP, GPB Automotive Portfolio, LP with JURY DEMAND.Document filed by David Gentile, EisnerAmper LLP, CohnReznick LLP, GPB Capital Holdings, LLC, GPB Holdings, LP, RSM US LLP, Barbara Deluca, Michael Oles, Margolin, Winer & Evens LLP, James Staples, as Trustee of the 616 MOVED TRUST, Jeffrey Lash, GPB Holdings II, LP, Drew R. Naylor, Robert (Bob) Ricci, Crowe LLP, Macrina Kgil, GPB Waste Management, LP, Peggy Rollo, Peter Beddia, GPB Automotive Portfolio, LP. Related document: #2 Complaint, #265 Amended Complaint,, #266 Amended Complaint,,, #83 Complaint, #117 Amended Complaint,.Motion or Order to File Under Seal: #265 .(Berger, Daniel)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Lawrence Berger. The party information for the following party/parties has been modified: Macrina (A/K/A Minchung) Kgil, James Staples, as Trustee of the 616 MOVED TRUST, Robert (Bob) Ricci, Peggy Rollo, Peter Beddia, Michael Oles. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Lawrence Berger to RE-FILE Document No. #266 Second Amended Complaint. The filing is deficient for the following reason(s): Signature Error, the pleading was not signed. Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)
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Filing 267
LETTER addressed to Magistrate Judge Jennifer Willis from Katherine M. Turner dated 09/19/2023 re: Auditor Defendants' Motion to Dismiss Briefing. Document filed by CohnReznick LLP, Crowe LLP, EisnerAmper LLP, Margolin, Winer & Evens LLP, RSM US LLP..(Turner, Katherine)
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Filing 266
FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - SECOND AMENDED COMPLAINT amending #2 Complaint, #83 Complaint, #117 Amended Complaint, #132 Amended Complaint,, against CohnReznick LLP, Crowe LLP, EisnerAmper LLP, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, GPB Holdings, LP, GPB Waste Management, LP, David Gentile, Jeffrey Lash, Macrina (A/K/A Minchung) Kgil, Margolin, Winer & Evens LLP, RSM US LLP with JURY DEMAND.Document filed by Barbara Deluca, Michael Oles, James Staples, as Trustee of the 616 MOVED TRUST, Drew R. Naylor, Robert (Bob) Ricci, Peggy Rollo, Peter Beddia. Related document: #2 Complaint, #83 Complaint, #117 Amended Complaint, #132 Amended Complaint,,..(Berger, Daniel) Modified on 9/20/2023 (vf).
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Filing 265
***SELECTED PARTIES***SECOND AMENDED COMPLAINT amending #2 Complaint, #83 Complaint, #117 Amended Complaint, #132 Amended Complaint,, against David Gentile, EisnerAmper LLP, CohnReznick LLP, GPB Capital Holdings, LLC, GPB Holdings, LP, RSM US LLP, Margolin, Winer & Evens LLP, Jeffrey Lash, GPB Holdings II, LP, Crowe LLP, GPB Waste Management, LP, Macrina (A/K/A Minchung) Kgil, GPB Automotive Portfolio, LP with JURY DEMAND.Document filed by All Defendants. Related document: #2 Complaint, #83 Complaint, #117 Amended Complaint, #132 Amended Complaint,,.Motion or Order to File Under Seal: #264 .(Berger, Daniel)
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Filing 264
LETTER MOTION to Seal Second Amended Complaint addressed to Magistrate Judge Jennifer Willis from Daniel L. Berger dated September 19, 2023. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Berger, Daniel)
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Filing 263
ORDER denying as moot #188 Motion to Dismiss; denying as moot #190 Motion to Dismiss; denying as moot #193 Motion to Dismiss; denying as moot #197 Motion to Dismiss; denying as moot #203 Motion to Dismiss. Here, especially since it is the Auditor Defendants seeking a prolonged stay, there is no risk of the amendment causing a significant delay in resolving the dispute. Moreover, the amendment will result in only a slight increase in the need to expend additional resources. Therefore, Plaintiffs' request for leave to amend is GRANTED. The Plaintiffs shall file their proposed Amended Complaint by September 19th. In light of the proposed amendment and the fact that the Motions to Dismiss made Plaintiff-specific arguments, the previously filed Motions to Dismiss are DENIED as moot upon the filing of the Second Amended Complaint. By September 19th, the Auditor Defendants shall file a letter informing the Court and the Plaintiffs whether they wish to submit an omnibus Motion to Dismiss on behalf of all the Auditor Defendants. By September 22nd, the Parties shall jointly propose a briefing schedule for the anticipated Motion to Dismiss the Second Amended Complaint. On the proposed stay, while Judge Scanlon's Report recommending a receivership has the potential to affect our case, given the SEC's clarification letter, until Judge Brodie acts on the R&R, the exact scope of the litigation hold is uncertain. Thus, at this time, none of the developments in the Kinnie Ma action or the SEC Action appear to obviate the reasoning Judge Kaplan adopted when he lifted the stay in January. "When a court decides upon a rule of law, that decision should continue to govern the same issues in subsequent stages in the same case." See Carroll v. Trump, 2023 WL 5017230, at *8 (S.D.N.Y. Aug. 7, 2023)(Kaplan, J.) citing Pepper v. United States, 562 U.S. 476, 506 (2011)(defining the law of the case doctrine). Indeed, the Auditor Defendants' arguments echo those made last winter. See generally Dkt. No. 168. The mere fact that the Auditor Defendants feel they present strong arguments in their Motions to Dismiss is generally not enough for the Court to impose "the extraordinary remedy" of a stay. See SEC v. Carroll, No. 19-CV-7199 (AT), 2020 WL 1272287, at *2 (S.D.N.Y. Mar. 17, 2020) citing Louis Vuitton Malletier S.A. v. LY USA. Inc., 676 F.3d 83, 98 (2d Cir. 2012); see also Clinton v. Jones, 520 U.S. 681, 708 (1997). Therefore, the request to stay the action is DENIED, in part. However, given that the Plaintiffs have moved to add new class representatives, the Court finds that there are reasonable grounds to pause the Motion for Class Certification until the anticipated Motions to Dismiss are ruled upon. Therefore, all deadlines with respect to the Motion for Class Certification are adjourned until this Court issues a Report and Recommendation on the anticipated Motions to Dismiss. The Court thus stays class certification-specific discovery. But to be clear: the Court is not staying any ongoing merits discovery. So long as it does not relate exclusively to the question of class certification, the Parties shall continue to exchange document discovery and schedule depositions of those not currently facing criminal charges or asserting a privilege under the Fifth Amendment. As discussed above, it is possible that Judge Brodie's ultimate adoption or denial of Judge Scanlon's R&R may affect our case. Therefore, within fourteen days of Judge Brodie's Decision in SEC v GBP Capital et al. (21-cv-583)(MKB)(VMS)(EDNY), the Parties shall each submit a letter motion detailing their perspective on how, if at all, that Decision affects this case. In the interim, should there be any category of discovery or depositions that a Party concludes is unduly burdensome or likely to be duplicative, the Parties shall meet and confer on a potential resolution prior to seeking court intervention. The Clerk of the Court is respectfully requested to close Dkt. Nos. 188, 190, 193, 197, and 203. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 9/15/2023) (tg)
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Set/Reset Deadlines: Amended Pleadings due by 9/19/2023. (tg)
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Filing 262
Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Oral Argument held on 9/13/2023 re: Set/Reset Hearings. (cda)
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Filing 261
NOTICE OF APPEARANCE by Glen Alexander Kopp on behalf of GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, GPB Holdings, LP, GPB Waste Management, LP..(Kopp, Glen)
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Filing 260
NOTICE OF APPEARANCE by Joseph De Simone on behalf of GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, GPB Holdings, LP, GPB Waste Management, LP..(De Simone, Joseph)
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Filing 259
ORDER terminating #249 Letter Motion for Conference to Suspend Case Deadlines addressed to Magistrate Judge Jennifer Willis from Katherine M. Turner dated 08/07/2023. The Court will hear oral argument on the proposed stay as well as the request for leave to amend on September 13, 2023, at 3:30 pm in Courtroom 228, 40 Foley Square, New York, New York. Without pre-determining whether a stay is warranted or whether leave to amend will be granted, the Court hereby temporarily stays all filing deadlines until a decision on the proposed stay and request to amend is issued following the conference on the 13th. The Auditor Defendants' deadline to file an Opposition is currently set for September 22nd. That deadline is temporarily adjourned sine die. Regardless of the Court's decision on Plaintiffs' request to amend or the Auditor Defendants' request to stay the litigation, new filing deadlines will be imposed following the conference on the 13th. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 9/1/2023) (vfr) Modified on 9/1/2023 (vfr).
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Set/Reset Hearings: Oral Argument set for 9/13/2023 at 03:30 PM in Courtroom 228, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Magistrate Judge Jennifer E Willis. (vfr)
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Filing 258
LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Jennifer Willis from Katherine M. Turner dated August 22, 2023 re: #249 LETTER MOTION for Conference to Suspend Case Deadlines addressed to Magistrate Judge Jennifer Willis from Katherine M. Turner dated 08/07/2023. Notice of Additional Authority. Document filed by CohnReznick LLP, Crowe LLP, EisnerAmper LLP, Margolin, Winer & Evens LLP, RSM US LLP. (Attachments: #1 Exhibit A).(Turner, Katherine)
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Filing 257
LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Jennifer Willis from Katherine M. Turner dated August 16, 2023 re: #249 LETTER MOTION for Conference to Suspend Case Deadlines addressed to Magistrate Judge Jennifer Willis from Katherine M. Turner dated 08/07/2023. Letter Response to Plaintiffs' August 11, 2023 Supplemental Letter #255 . Document filed by CohnReznick LLP, Crowe LLP, EisnerAmper LLP, Margolin, Winer & Evens LLP, RSM US LLP..(Turner, Katherine)
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Filing 256
LETTER MOTION for Conference re: #254 Letter, In Response Dkt 254 addressed to Magistrate Judge Jennifer Willis from Katherine Turner dated 08/14/2023. Document filed by CohnReznick LLP, Crowe LLP, EisnerAmper LLP, Margolin, Winer & Evens LLP, RSM US LLP. (Attachments: #1 Proposed Order Proposed Order).(Turner, Katherine)
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Filing 255
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Jennifer Willis from Daniel L. Berger dated August 11, 2023 re: #249 LETTER MOTION for Conference to Suspend Case Deadlines addressed to Magistrate Judge Jennifer Willis from Katherine M. Turner dated 08/07/2023. Supplemental Letter Response in Opposition to Letter Motion for Conference to Suspend Case Deadlines. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo. (Attachments: #1 Exhibit A - SEC Clarification).(Berger, Daniel)
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Filing 254
LETTER addressed to Magistrate Judge Jennifer Willis from Daniel L. Berger dated August 9, 2023 re: Pre-Motion Conference regarding Motion to Amend Complaint. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Proposed Amended Scheduling Order).(Berger, Daniel)
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Filing 253
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Jennifer Willis from Daniel L. Berger dated August 9, 2023 re: Pre-Motion Conference regarding Motion to Amend Complaint. Document filed by All Defendants. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Redline, #3 Exhibit C - Proposed Amended Scheduling Order)Motion or Order to File Under Seal: #251 .(Berger, Daniel)
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Filing 252
***SELECTED PARTIES***REDACTION to #251 LETTER MOTION to Seal and/or Redact addressed to Magistrate Judge Jennifer Willis from Daniel L. Berger dated August 9, 2023. by All Defendants (Attachments: #1 Exhibit C - Redactions, highlighted, #2 Exhibit D - Redline, highlighted)Motion or Order to File Under Seal: #251 .(Berger, Daniel)
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Filing 251
LETTER MOTION to Seal and/or Redact addressed to Magistrate Judge Jennifer Willis from Daniel L. Berger dated August 9, 2023. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo. (Attachments: #1 Exhibit A - SAC Redacted, #2 Exhibit B - Redline Redacted, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - Filed Under Seal).(Berger, Daniel)
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Filing 250
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Jennifer Willis from Daniel L. Berger dated August 9, 2023 re: #249 LETTER MOTION for Conference to Suspend Case Deadlines addressed to Magistrate Judge Jennifer Willis from Katherine M. Turner dated 08/07/2023. . Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Berger, Daniel)
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Filing 249
LETTER MOTION for Conference to Suspend Case Deadlines addressed to Magistrate Judge Jennifer Willis from Katherine M. Turner dated 08/07/2023. Document filed by CohnReznick LLP, Crowe LLP, EisnerAmper LLP, Margolin, Winer & Evens LLP, RSM US LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Turner, Katherine)
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Filing 248
LETTER MOTION to Seal Letter Motion to File Exhibits to Class Certification Motion Under Seal addressed to Magistrate Judge Jennifer Willis from Daniel L. Berger dated July 31, 2023. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo. (Attachments: #1 Supplement Joint Declaration of Daniel L. Berger and Catherine Pratsinakis in Support of Plaintiffs' Motion for Class Certification, #2 Exhibit A to Joint Declaration, #3 Exhibit B to Joint Declaration, #4 Exhibit C to Joint Declaration, #5 Exhibit D to Joint Declaration, #6 Exhibit E to Joint Declaration, #7 Exhibit F to Joint Declaration, #8 Exhibit H to Joint Declaration, #9 Exhibit I to Joint Declaration, #10 Exhibit J to Joint Declaration, #11 Exhibit K to Joint Declaration, #12 Exhibit L to Joint Declaration, #13 Exhibit M to Joint Declaration, #14 Exhibit N to Joint Declaration, #15 Exhibit O to Joint Declaration, #16 Exhibit P to Joint Declaration, #17 Exhibit Q to Joint Declaration, #18 Exhibit R to Joint Declaration, #19 Exhibit S to Joint Declaration, #20 Errata T to Joint Declaration, #21 Exhibit U to Joint Declaration, #22 Exhibit V to Joint Declaration, #23 Exhibit W to Joint Declaration, #24 Exhibit X to Joint Declaration, #25 Exhibit Y to Joint Declaration, #26 Exhibit Z to Joint Declaration, #27 Exhibit AA to Joint Declaration).(Berger, Daniel)
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Filing 247
DECLARATION of Daniel L. Berger and Catherine Pratsinakis in Support re: #242 MOTION to Certify Class Plaintiffs' Motion For Class Certification as to the Auditor Defendants.. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo. (Attachments: #1 Exhibit S to Joint Declaration, #2 Exhibit T to Joint Declaration, #3 Exhibit U to Joint Declaration, #4 Exhibit V to Joint Declaration, #5 Exhibit W to Joint Declaration, #6 Exhibit X to Joint Declaration, #7 Exhibit Y to Joint Declaration, #8 Exhibit Z to Joint Declaration, #9 Exhibit AA to Joint Declaration).(Berger, Daniel)
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Filing 246
DECLARATION of Daniel L. Berger and Catherine Pratsinakis in Support re: #242 MOTION to Certify Class Plaintiffs' Motion For Class Certification as to the Auditor Defendants.. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo. (Attachments: #1 Exhibit Q to Joint Declaration, #2 Exhibit R to Joint Declaration).(Berger, Daniel)
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Filing 245
DECLARATION of Daniel L. Berger and Catherine Pratsinakis in Support re: #242 MOTION to Certify Class Plaintiffs' Motion For Class Certification as to the Auditor Defendants.. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo. (Attachments: #1 Exhibit O to Joint Declaration, #2 Exhibit P to Joint Declaration).(Berger, Daniel)
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Filing 244
DECLARATION of Daniel L. Berger and Catherine Pratsinakis in Support re: #242 MOTION to Certify Class Plaintiffs' Motion For Class Certification as to the Auditor Defendants.. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo. (Attachments: #1 Exhibit A to Joint Declaration, #2 Exhibit B to Joint Declaration, #3 Exhibit C to Joint Declaration, #4 Exhibit D to Joint Declaration, #5 Exhibit E to Joint Declaration, #6 Exhibit F to Joint Declaration, #7 Exhibit H to Joint Declaration, #8 Exhibit I to Joint Declaration, #9 Exhibit J to Joint Declaration, #10 Exhibit K to Joint Declaration, #11 Exhibit L to Joint Declaration, #12 Exhibit M to Joint Declaration, #13 Exhibit N to Joint Declaration).(Berger, Daniel)
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Filing 243
MEMORANDUM OF LAW in Support re: #242 MOTION to Certify Class Plaintiffs' Motion For Class Certification as to the Auditor Defendants. . Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Berger, Daniel)
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Filing 242
MOTION to Certify Class Plaintiffs' Motion For Class Certification as to the Auditor Defendants. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo. (Attachments: #1 Proposed Order [Proposed] Order Granting Plaintiffs' Motion for Class Certification as to the Auditor Defendants).(Berger, Daniel)
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Filing 241
ORDER granting #239 Motion for Douglas M. Weck to Appear Pro Hac Vice; granting #240 Motion for Douglas M. Weck to Appear Pro Hac Vice. The Clerk of the Court is respectfully requested to close Dkt. Nos. 239 and 240. SO ORDERED.. (Signed by Magistrate Judge Jennifer E Willis on 6/9/2023) (kv)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #240 MOTION for Douglas M. Weck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27850507. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #239 MOTION for Jack M. Small to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27850028. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh)
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Filing 240
MOTION for Douglas M. Weck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27850507. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Affidavit of Douglas M. Weck, #2 Text of Proposed Order --- Proposed Order, #3 Supplement --- Certificate of Service).(Weck, Douglas)
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Filing 239
MOTION for Jack M. Small to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27850028. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Affidavit of Jack M. Small, #2 Text of Proposed Order Proposed Order, #3 Supplement Certificate of Service).(Small, Jack)
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Filing 238
ORDER granting #230 Letter Motion to Seal. The Motion to Seal is GRANTED. Crowe may redact from its publicly-filed Reply Memorandum of Law references to any information redacted from the publicly-filed versions of the Amended Complaint, Plaintiffs' omnibus brief, and Crowe's Memorandum pursuant to the Protective Order and previously issued Sealing Orders. The Clerk of the Court is respectfully requested to close Dkt. No. 230. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 6/5/2023) (tg)
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Filing 237
STATUS REPORT. Joint Status Report of Counsel Document filed by David Gentile..(Simonson, Leif)
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Filing 236
MEMO ENDORSEMENT granting #235 Motion to Appear Pro Hac Vice. ENDORSEMENT: The Motion to Admit Christopher S. Turner Pro Hac Vice is GRANTED. The Clerk of the Court is respectfully requested to close Dkt. No. 235. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 5/19/2023) (tg)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #235 MOTION for Christopher S. Turner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27754793. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 235
MOTION for Christopher S. Turner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27754793. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Crowe LLP. (Attachments: #1 Affidavit /Declaration of Christopher S. Turner In Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Turner, Christopher)
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Filing 234
LETTER MOTION for Oral Argument on Pending Motions to Dismiss addressed to Magistrate Judge Jennifer Willis from Daniel L. Berger dated May 15, 2023. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Coster, Abigail)
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Filing 233
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #197 MOTION to Dismiss the Amended Class Action Complaint. . Document filed by Crowe LLP, CohnReznick LLP, Barbara Deluca, EisnerAmper LLP, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, GPB Holdings, LP, GPB Waste Management, LP, David Gentile, Jeffrey Lash, Macrina (A/K/A Minchung) Kgil, Margolin, Winer & Evens LLP, Drew R. Naylor, RSM US LLP, Peggy Rollo. Motion or Order to File Under Seal: #230 .(McDonough, Kevin)
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Filing 232
REPLY MEMORANDUM OF LAW in Support re: #203 MOTION to Dismiss Amended Class Action Complaint. . Document filed by RSM US LLP..(Turner, Katherine)
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Filing 231
REPLY MEMORANDUM OF LAW in Support re: #197 MOTION to Dismiss the Amended Class Action Complaint. (Redacted). Document filed by Crowe LLP..(McDonough, Kevin)
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Filing 230
LETTER MOTION to Seal addressed to Magistrate Judge Jennifer Willis from Kevin M. McDonough dated May 11, 2023. Document filed by Crowe LLP..(McDonough, Kevin)
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Filing 229
REPLY MEMORANDUM OF LAW in Support re: #193 MOTION to Dismiss the amended class action complaint. . Document filed by EisnerAmper LLP..(Braun, Bruce)
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Filing 228
REPLY MEMORANDUM OF LAW in Support re: #190 MOTION to Dismiss . . Document filed by Margolin, Winer & Evens LLP..(Rinehart, Stephen)
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Filing 227
REPLY MEMORANDUM OF LAW in Support re: #188 MOTION to Dismiss /Notice of Motion to Dismiss the Amended Class Action Complaint. . Document filed by CohnReznick LLP..(Bernard, James)
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Filing 226
ORDER granting #225 Letter Motion for Leave to File Excess Pages. Defendant RSM US LLP's request is GRANTED subject to the conditions agreed upon by Plaintiffs. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 5/3/2023) (vfr)
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Filing 225
LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Jennifer Willis from Katherine M. Turner dated 05/02/2023. Document filed by RSM US LLP..(Turner, Katherine)
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Filing 224
STIPULATED AGREEMENT AND ORDER UNDER FED. R. EVID. 502(d) NOW THEREFORE, IT IS HEREBY STIPULATED, AGREED, AND ORDERED that: (1) The re-production by Plaintiffs of any documents, ESI or other discovery materials within the GPB-SEC Production constituting or containing Privileged Material, whether inadvertent or otherwise, is not and shall not operate as a waiver of any privilege(s) or protection(s) that Defendant David Gentile or the GPB Entity Defendants may assert in this case or in any other federal or state proceeding, case, matter or investigation. See Fed. R. Evid. 502(d). This Order shall be interpreted to provide the maximum protection allowed by applicable law. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 5/1/2023) (jca)
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Filing 223
PROPOSED STIPULATION AND ORDER. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel)
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Filing 222
NOTICE OF APPEARANCE by Abigail Flynn Coster on behalf of Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Coster, Abigail)
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Filing 221
ORDER granting #217 Letter Motion to Seal. Because Plaintiffs' Omnibus Brief similarly incorporates and references information that was previously sealed or subject to the Protective Order, Plaintiffs' April 13, 2023 Motion to Seal is GRANTED. The Clerk of the Court is respectfully requested to close Dkt. No. 217. (Signed by Magistrate Judge Jennifer E Willis on 4/26/2023) (rro)
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Filing 220
DECLARATION of Catherine Pratsinakis in Opposition re: #193 MOTION to Dismiss the amended class action complaint., #217 LETTER MOTION to Seal Plaintiffs' Omnibus Memorandum of Law Opposing Auditor Defendants' Motions to Dismiss addressed to Judge Lewis A. Kaplan from Daniel L. Berger dated April 13, 2023., #203 MOTION to Dismiss Amended Class Action Complaint., #190 MOTION to Dismiss ., #197 MOTION to Dismiss the Amended Class Action Complaint., #188 MOTION to Dismiss /Notice of Motion to Dismiss the Amended Class Action Complaint.. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Berger, Daniel)
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Filing 219
MEMORANDUM OF LAW in Opposition re: #193 MOTION to Dismiss the amended class action complaint., #217 LETTER MOTION to Seal Plaintiffs' Omnibus Memorandum of Law Opposing Auditor Defendants' Motions to Dismiss addressed to Judge Lewis A. Kaplan from Daniel L. Berger dated April 13, 2023., #203 MOTION to Dismiss Amended Class Action Complaint., #190 MOTION to Dismiss ., #197 MOTION to Dismiss the Amended Class Action Complaint., #188 MOTION to Dismiss /Notice of Motion to Dismiss the Amended Class Action Complaint. . Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Berger, Daniel)
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Filing 218
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #217 LETTER MOTION to Seal Plaintiffs' Omnibus Memorandum of Law Opposing Auditor Defendants' Motions to Dismiss addressed to Judge Lewis A. Kaplan from Daniel L. Berger dated April 13, 2023., #190 MOTION to Dismiss ., #197 MOTION to Dismiss the Amended Class Action Complaint., #178 MOTION Auditor Defendants' Motion For Entry of Scheduling Order ., #193 MOTION to Dismiss the amended class action complaint., #203 MOTION to Dismiss Amended Class Action Complaint., #188 MOTION to Dismiss /Notice of Motion to Dismiss the Amended Class Action Complaint. . Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo, CohnReznick LLP, Crowe LLP, EisnerAmper LLP, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, GPB Holdings, LP, GPB Waste Management, LP, David Gentile, Jeffrey Lash, Macrina (A/K/A Minchung) Kgil, Margolin, Winer & Evens LLP, RSM US LLP. Motion or Order to File Under Seal: #217 .(Berger, Daniel)
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Filing 217
LETTER MOTION to Seal Plaintiffs' Omnibus Memorandum of Law Opposing Auditor Defendants' Motions to Dismiss addressed to Judge Lewis A. Kaplan from Daniel L. Berger dated April 13, 2023. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Berger, Daniel)
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Filing 216
ORDER granting #196 Motion to Seal; granting #202 Motion to Seal. For these reasons, to accord with Judge Kaplan's Protective Order, Crowe LLP's request to (1) file Exhibits 3 through 6 appended to the concurrently-filed Declaration of Kevin M. McDonough under seal; (2) publicly file Crowe's Memorandum of Law in support of its Motion to Dismiss the Amended Class Action Complaint in redacted form; and, (3) file the unredacted form of Crowe's Memorandum of Law under seal is GRANTED. Defendant RSM US LLP requests "redaction of only those portions of the RSM Memorandum that contain or reference content previously filed under seal in the Unredacted Amended Complaint." Dkt. No. 202. Because the Court previously granted Plaintiffs' Motion for Leave to File the Unredacted Amended Complaint under seal, Dkt. No. 123, and the RSM Memorandum references sealed content from the Unredacted Amended Complaint, Dkt. No. 117, Defendant RSM US LLP's request is GRANTED, but only for those portions of the RSM Memorandum that reference content previously filed under seal in the Unredacted Amended Complaint. The Clerk of the Court is respectfully requested to close Dkt. Nos. 196 and 202. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 4/10/2023) (tg)
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Filing 215
ORDER GRANTING MOTION TO WITHDRAW APPEARANCE granting #213 Motion to Withdraw as Attorney. Upon consideration of the Motion to Withdraw Appearance of Kevin D. Galbraith as counsel for Jeffrey Lash ("Mr. Lash") in the above-captioned action, it is hereby ORDERED that the Motion is GRANTED. The Clerk of the Court is directed to relieve Mr. Galbraith as counsel for Mr. Lash and remove his appearances from the docket. SO ORDERED. Attorney Kevin Dugald Galbraith terminated. (Signed by Magistrate Judge Jennifer E Willis on 4/5/2023) (tg)
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Filing 214
PROPOSED ORDER. Document filed by Jeffrey Lash. Related Document Number: #213 ..(Galbraith, Kevin) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 213
MOTION for Kevin D. Galbraith to Withdraw as Attorney with certificate of service. Document filed by Jeffrey Lash. (Attachments: #1 Supplement Affirmation in Support of Motion for Withdrawl).(Galbraith, Kevin)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #214 Proposed Order was reviewed and approved as to form. (tp)
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Filing 212
MEMO ENDORSEMENT on re: #211 Letter Request to File Omnibus Brief in Opposition to Motion to Dismiss, filed by Drew R. Naylor, Barbara Deluca, Peggy Rollo. ENDORSEMENT: The request for an extension and to file an omnibus brief of no more than 70 pages is GRANTED. Plaintiffs' deadline to submit the proposed omnibus brief is April 13, 2023. Defendants' Reply shall be due May 11, 2023. SO ORDERED., ( Brief due by 4/13/2023., Replies due by 5/11/2023.) (Signed by Magistrate Judge Jennifer E Willis on 3/28/23) (yv)
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Filing 211
LETTER addressed to Magistrate Judge Jennifer Willis from Daniel L. Berger dated 03/27/2023 re: DeLuca V. GPB Holdings, LP, et al. - Request to File Omnibus Brief in Opposition to Motion to Dismiss. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Berger, Daniel)
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Filing 210
ORDER granting #208 Motion for John J. Barber to Appear Pro Hac Vice; granting #209 Motion for Natalie R. Salazar to Appear Pro Hac Vice. The following attorneys are admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York: John J. Barber and Natalie R. Salazar. The Clerk of the Court is directed to close Dkt. Nos. 208 and 209. SO ORDERED.. (Signed by Magistrate Judge Jennifer E Willis on 3/13/2023) (ks)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #209 MOTION for Natalie R. Salazar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27451006. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #208 MOTION for John J. Barber to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27450813. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 209
MOTION for Natalie R. Salazar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27451006. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Crowe LLP. (Attachments: #1 Affidavit / Declaration of Natalie R. Salazar in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Salazar, Natalie)
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Filing 208
MOTION for John J. Barber to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27450813. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Crowe LLP. (Attachments: #1 Affidavit / Declaration of John J. Barber in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Barber, John)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #208 MOTION for John J. Barber to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27450813. Motion and supporting papers to be reviewed by Clerk's Office staff., #209 MOTION for Natalie R. Salazar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27451006. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sac)
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Filing 207
ORDER granting #164 Motion to Appear Pro Hac Vice; granting #165 Motion to Appear Pro Hac Vice; granting #166 Motion to Appear Pro Hac Vice. The following attorneys are admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York: Caroline A. Wong, Bruce R. Braun, and Stephen Spector. The Clerk of the Court is directed to close Dkt. Nos. 164, 165, and 166. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 3/9/2023) (tg)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Patrick Nicholas Petrocelli to RE-FILE Document No. #206 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Kevin Michael McDonough to RE-FILE Document No. #195 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb)
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Filing 206
FILING ERROR -- DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CohnReznick LLP..(Petrocelli, Patrick) Modified on 3/8/2023 (lb).
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Filing 205
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #203 MOTION to Dismiss Amended Class Action Complaint. . Document filed by RSM US LLP, CohnReznick LLP, Crowe LLP, Barbara Deluca, EisnerAmper LLP, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, GPB Holdings, LP, GPB Waste Management, LP, David Gentile, Jeffrey Lash, Macrina (A/K/A Minchung) Kgil, Margolin, Winer & Evens LLP, Drew R. Naylor, Peggy Rollo. Motion or Order to File Under Seal: #202 .(Turner, Katherine)
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Filing 204
MEMORANDUM OF LAW in Support re: #203 MOTION to Dismiss Amended Class Action Complaint. . Document filed by RSM US LLP..(Turner, Katherine)
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Filing 203
MOTION to Dismiss Amended Class Action Complaint. Document filed by RSM US LLP..(Turner, Katherine)
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Filing 202
LETTER MOTION to Seal Memorandum In Support of Motion to Dismiss addressed to Magistrate Judge Jennifer Willis from Katherine M. Turner dated 03/06/2023. Document filed by RSM US LLP..(Turner, Katherine)
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Filing 201
***SELECTED PARTIES***DECLARATION of Kevin M. McDonough in Support re: #197 MOTION to Dismiss the Amended Class Action Complaint.. Document filed by Crowe LLP, CohnReznick LLP, Barbara Deluca, EisnerAmper LLP, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, GPB Holdings, LP, GPB Waste Management, LP, David Gentile, Jeffrey Lash, Macrina (A/K/A Minchung) Kgil, Margolin, Winer & Evens LLP, Drew R. Naylor, RSM US LLP, Peggy Rollo. (Attachments: #1 Exhibit 3 - July 27, 2018 Ltr. re GPB AP and GPB Holdings I, #2 Exhibit 4 - July 27, 2018 Ltr. re GPB AP, #3 Exhibit 5 - Sep. 26, 2018 Ltr. re GPB AP, #4 Exhibit 6 - Sep. 26, 2018 Ltr. re GPB Holdings I)Motion or Order to File Under Seal: #196 .(McDonough, Kevin)
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Filing 200
DECLARATION of Kevin M. McDonough in Support re: #197 MOTION to Dismiss the Amended Class Action Complaint.. Document filed by Crowe LLP. (Attachments: #1 Exhibit 1 - May 1, 2017 GPB AP Audit Report, #2 Exhibit 2 - May 1, 2017 GPB Holdings I Audit Report, #3 Exhibit 3 - July 27, 2018 Ltr. re GPB AP and GPB Holdings I, #4 Exhibit 4 - July 27, 2018 Ltr. re GPB AP, #5 Exhibit 5 - Sep. 26, 2018 Ltr. re GPB AP, #6 Exhibit 6 - Sep. 26, 2018 Ltr. re GPB Holdings I).(McDonough, Kevin)
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Filing 199
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #197 MOTION to Dismiss the Amended Class Action Complaint. . Document filed by Crowe LLP, CohnReznick LLP, Barbara Deluca, EisnerAmper LLP, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, GPB Holdings, LP, GPB Waste Management, LP, David Gentile, Jeffrey Lash, Macrina (A/K/A Minchung) Kgil, Margolin, Winer & Evens LLP, Drew R. Naylor, RSM US LLP, Peggy Rollo. Motion or Order to File Under Seal: #196 .(McDonough, Kevin)
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Filing 198
MEMORANDUM OF LAW in Support re: #197 MOTION to Dismiss the Amended Class Action Complaint. . Document filed by Crowe LLP..(McDonough, Kevin)
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Filing 197
MOTION to Dismiss the Amended Class Action Complaint. Document filed by Crowe LLP..(McDonough, Kevin)
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Filing 196
LETTER MOTION to Seal addressed to Judge Lewis A. Kaplan from Kevin M. McDonough dated March 6, 2023. Document filed by Crowe LLP..(McDonough, Kevin)
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Filing 195
FILING ERROR -- DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Crowe LLP..(McDonough, Kevin) Modified on 3/8/2023 (lb).
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Filing 194
MEMORANDUM OF LAW in Support re: #193 MOTION to Dismiss the amended class action complaint. . Document filed by EisnerAmper LLP..(Stern, Andrew)
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Filing 193
MOTION to Dismiss the amended class action complaint. Document filed by EisnerAmper LLP..(Stern, Andrew)
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Filing 192
DECLARATION of James L. Bernard in Support re: #188 MOTION to Dismiss /Notice of Motion to Dismiss the Amended Class Action Complaint.. Document filed by CohnReznick LLP. (Attachments: #1 Exhibit 1 - Financial Statements, #2 Exhibit 2 - GPB Waste Management LP PPM).(Bernard, James)
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Filing 191
MEMORANDUM OF LAW in Support re: #190 MOTION to Dismiss . . Document filed by Margolin, Winer & Evens LLP..(Gorman, Daniel)
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Filing 190
MOTION to Dismiss . Document filed by Margolin, Winer & Evens LLP..(Gorman, Daniel)
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Filing 189
MEMORANDUM OF LAW in Support re: #188 MOTION to Dismiss /Notice of Motion to Dismiss the Amended Class Action Complaint. . Document filed by CohnReznick LLP..(Bernard, James)
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Filing 188
MOTION to Dismiss /Notice of Motion to Dismiss the Amended Class Action Complaint. Document filed by CohnReznick LLP..(Bernard, James)
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Filing 187
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Margolin, Winer & Evens LLP..(Gorman, Daniel)
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Filing 186
MEMO ENDORSEMENT on re: #182 Notice (Other) filed by Jeffrey Lash. ENDORSEMENT: The proper protocol is to file a motion to withdraw. Counsel is directed to file such motion stating counsel's reasons for withdrawal. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 2/10/2023) (tg)
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Filing 185
NOTICE OF APPEARANCE by Vincent Pontrello on behalf of Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Pontrello, Vincent)
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Filing 184
NOTICE OF APPEARANCE by Mica Cocco on behalf of Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Cocco, Mica)
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Filing 183
SCHEDULING ORDER granting #177 Motion re: #177 MOTION Plaintiffs' Motion For Entry of Case Scheduling Order ., #178 MOTION Auditor Defendants' Motion For Entry of Scheduling Order . ; granting #178 Motion re: #177 MOTION Plaintiffs' Motion For Entry of Case Scheduling Order ., #178 MOTION Auditor Defendants' Motion For Entry of Scheduling Order . This matter came before the Court on the Auditor Defendants' Motion for Entry of Scheduling Order. It is hereby ORDERED that discovery and motions practice as it relates to the claims against the Auditor Defendants in this case shall be governed by the following schedule: As further set forth by this Order. The Court adopts the Auditor Defendants' proposed schedule. Such schedule is reasonable in light of the case history, when the Auditor Defendants were added as parties, when the stay was lifted as to the Auditor Defendants, and the discovery that will be required in this action. The Clerk of Court is respectfully directed to terminate docket numbers 177 and 178. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 2/9/2023) (tg)
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Filing 182
NOTICE of Withdrawl of Counsel. Document filed by Jeffrey Lash..(Galbraith, Kevin)
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Set/Reset Deadlines: CohnReznick LLP answer due 3/6/2023; Crowe LLP answer due 3/6/2023; EisnerAmper LLP answer due 3/6/2023; Margolin, Winer & Evens LLP answer due 3/6/2023; RSM US LLP answer due 3/6/2023. Expert Discovery due by 6/20/2024. Fact Discovery due by 3/1/2024. Motions due by 7/18/2024. Responses due by 8/29/2024 Replies due by 9/19/2024. (tg)
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Filing 181
ORDER granting #173 Motion for Steven M. Farina to Appear Pro Hac Vice. The Clerk of Court is directed to close docket number 173. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 2/8/2023) (ate)
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Filing 180
ORDER granting #174 Motion for Adrienne E. Van Winkle to Appear Pro Hac Vice. The Clerk of Court is directed to close docket number 174. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 2/8/2023) (ate)
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Filing 179
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Jennifer E Willis. All such motions. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/8/23) (yv)
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Filing 178
MOTION Auditor Defendants' Motion For Entry of Scheduling Order . Document filed by RSM US LLP. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order).(Hoover, Kathryn)
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Filing 177
MOTION Plaintiffs' Motion For Entry of Case Scheduling Order . Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order - Proposed Scheduling Order).(Berger, Daniel)
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Filing 176
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF KATHRYNE. HOOVER granting #175 Motion for Kathryn E. Hoover to Appear Pro Hac Vice. The motion of Kathryn E. Hoover for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Lewis A. Kaplan on 1/18/23) (yv) Modified on 2/28/2023 (yv).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #175 FIRST MOTION for Kathryn E. Hoover to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27202428. Motion and supporting papers to be reviewed by Clerk's Office staff., #174 FIRST MOTION for Adrienne E. Van Winkle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27201658. Motion and supporting papers to be reviewed by Clerk's Office staff., #173 FIRST MOTION for Steven M. Farina to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27201522. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sac)
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Filing 175
FIRST MOTION for Kathryn E. Hoover to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27202428. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RSM US LLP. (Attachments: #1 Appendix Declaration, #2 Appendix District of Columbia Certificate of Good Standing, #3 Appendix Texas Certificate of Good Standing, #4 Text of Proposed Order Proposed Order).(Hoover, Kathryn)
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Filing 174
FIRST MOTION for Adrienne E. Van Winkle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27201658. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RSM US LLP. (Attachments: #1 Appendix Declaration, #2 Appendix Virginia Certificate of Good Standing, #3 Appendix District of Columbia Certificate of Good Standing, #4 Text of Proposed Order Proposed Order).(Van Winkle, Adrienne)
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Filing 173
FIRST MOTION for Steven M. Farina to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27201522. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RSM US LLP. (Attachments: #1 Appendix Declaration, #2 Appendix Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Farina, Steven)
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Filing 172
NOTICE OF APPEARANCE by Katherine Marie Turner on behalf of RSM US LLP..(Turner, Katherine)
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Filing 171
MEMO ENDORSED ORDER granting #151 MOTION To Lift Stay As To The Auditor Defendants re: #115 Stipulation and Order. ENDORSEMENT: Memorandum Endorsement: Plaintiffs' motion to terminate or lift the stay as to Defendants Crowe LLP, EisnerAmper LLP, Margolin, Winer & Evens LLP, RSM US LLP, and CohnReznick LLP ( collectively, the "Auditor Defendants") [Dkt 151] is granted substantially for the reasons set forth in the plaintiffs' memorandum. The Auditor Defendants' arguments in opposition are unpersuasive. While there is overlap between this case generally and the criminal matter, the overlap is considerably less extensive as it relates to the claims against the Auditor Defendants than as it relates to the subjects of the criminal matter. Moreover, the claims against the Auditor Defendants involve issues that are uniquely or principally related to the Auditor Defendants. While it may be that the claims against the Auditor Defendants cannot be fully resolved without resolution of the claims against those involved in the criminal matter, the Court sees no reason why discovery and motion practice should not go forward while the stay remains in effect as to the other defendants. And if discovery is sought against the other defendants or other persons involved in the criminal matter and issues are raised as to whether that particular discovery should go forward notwithstanding the criminal matter, the Court can deal with any such matters when need arises. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/5/2023) (mml)
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Filing 170
REPLY MEMORANDUM OF LAW in Support re: #151 MOTION To Lift Stay As To The Auditor Defendants re: #115 Stipulation and Order, Set Deadlines,,,,,,,,,,,,,,,,,, . REPLY IN SUPPORT OF PLAINTIFFS' MOTION TO LIFT STAY AS TO THE AUDITOR DEFENDANTS. Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Berger, Daniel)
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Filing 169
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EisnerAmper LLP..(Stern, Andrew)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #164 MOTION for Stephen Spector to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27098768. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #165 MOTION for Caroline A. Wong to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27098841. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #166 MOTION for Bruce R. Braun to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27098937. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 168
RESPONSE in Opposition to Motion re: #151 MOTION To Lift Stay As To The Auditor Defendants re: #115 Stipulation and Order, Set Deadlines,,,,,,,,,,,,,,,,,, . . Document filed by CohnReznick LLP, Crowe LLP, EisnerAmper LLP, Margolin, Winer & Evens LLP, RSM US LLP..(Turner, Katherine)
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Filing 167
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EisnerAmper LLP..(Stern, Andrew) Modified on 12/16/2022 (lb).
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Filing 166
MOTION for Bruce R. Braun to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27098937. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by EisnerAmper LLP. (Attachments: #1 Affidavit of Bruce Braun, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Braun, Bruce)
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Filing 165
MOTION for Caroline A. Wong to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27098841. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by EisnerAmper LLP. (Attachments: #1 Affidavit of Caroline A. Wong, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Wong, Caroline)
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Filing 164
MOTION for Stephen Spector to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27098768. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by EisnerAmper LLP. (Attachments: #1 Affidavit of Stephen Spector, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Spector, Stephen)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Andrew W. Stern to RE-FILE Document No. #167 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the corporate disclosure statement is not correct; the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb)
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Filing 163
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RSM US LLP..(Turner, Katherine)
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Filing 162
NOTICE OF APPEARANCE by Katherine Marie Turner on behalf of RSM US LLP..(Turner, Katherine)
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Filing 161
NOTICE OF APPEARANCE by Patrick Nicholas Petrocelli on behalf of CohnReznick LLP..(Petrocelli, Patrick)
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Filing 160
NOTICE OF APPEARANCE by James Lawrence Bernard on behalf of CohnReznick LLP..(Bernard, James)
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Filing 159
JOINT STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective parties hereto, that (I) the time for Defendants to respond to Plaintiffs' motion to lift the stay (Dkt. 151-152) is extended from December 2, 2022 until December 16, 2022, and (2) the deadline for Plaintiffs' reply is extended until December 30, 2022. IT IS SO ORDERED. Set Deadlines/Hearing as to #151 MOTION To Lift Stay As To The Auditor Defendants re: #115 Stipulation and Order, Set Deadlines, . :( Responses due by 12/16/2022, Replies due by 12/30/2022.) (Signed by Judge Lewis A. Kaplan on 12/1/22) (yv)
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Filing 158
NOTICE OF APPEARANCE by Daniel E. Gorman on behalf of Margolin, Winer & Evens LLP..(Gorman, Daniel)
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Filing 157
NOTICE OF APPEARANCE by Stephen George Rinehart on behalf of Margolin, Winer & Evens LLP..(Rinehart, Stephen)
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Filing 156
PROPOSED STIPULATION AND ORDER. Document filed by Crowe LLP..(McDonough, Kevin)
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Filing 155
NOTICE OF APPEARANCE by Kevin Michael McDonough on behalf of Crowe LLP..(McDonough, Kevin)
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Filing 154
NOTICE OF APPEARANCE by Andrew W. Stern on behalf of EisnerAmper LLP..(Stern, Andrew)
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Filing 153
STATUS REPORT. Joint Status Report of Counsel Document filed by David Gentile..(Simonson, Leif)
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Filing 152
MEMORANDUM OF LAW in Support re: #151 MOTION To Lift Stay As To The Auditor Defendants re: #115 Stipulation and Order, Set Deadlines,,,,,,,,,,,,,,,,,, . . Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Berger, Daniel)
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Filing 151
MOTION To Lift Stay As To The Auditor Defendants re: #115 Stipulation and Order, Set Deadlines,,,,,,,,,,,,,,,,,, . Document filed by Barbara Deluca, Drew R. Naylor, Peggy Rollo..(Berger, Daniel)
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Filing 150
ORDER GRANTING MOTION TO WITHDRAW COUNSEL granting #149 Motion to Withdraw as Attorney. This Court, having considered Plaintiffs' Motion to Withdraw Counsel, and good cause appearing, HEREBY ORDERS: Plaintiffs' Motion to Withdraw Counsel is GRANTED; Attorney Kimberly A. Evans, Esquire is hereby withdrawn as counsel of record for Plaintiffs in the above-captioned matter. Plaintiffs shall continue to be represented by attorneys from Grant & Eisenhofer P.A. and Dilworth Paxson LLP. The Clerk of the Court is directed to remove Kimberly A. Evans from the service list in this matter, and shall no longer send her any notices of filing in this matter. Attorney Kimberly Evans terminated. (Signed by Judge Lewis A. Kaplan on 8/3/2022) (rro)
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Filing 149
MOTION for Kimberly A. Evans to Withdraw as Attorney for Plaintiffs. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Withdraw Counsel).(Berger, Daniel)
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Filing 148
STATUS REPORT. Joint Status Report of Counsel Document filed by David Gentile..(Simonson, Leif)
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Magistrate Judge Jennifer Willis is so redesignated. (wb)
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Filing 147
ORDER granting #121 Letter Motion to Seal (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 146
MEMO ENDORSEMENT denying as moot #116 Motion to Seal; denying as moot #119 Motion to Seal. ENDORSEMENT: Granted. Dkts 116 and 119 are denied as moot. SO ORDERED.. (Signed by Judge Lewis A. Kaplan on 2/1/2022) (ks)
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Filing 145
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. GPB Holdings, LP served on 11/18/2021, answer due 12/9/2021. Service was accepted by Lyanne Gares, Litigation Management Services Leader. Document filed by Barbara Deluca; Drew R. Naylor..(Titler-Lingle, Jessica)
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Filing 144
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. GPB Waste Management, LP served on 11/18/2021, answer due 12/9/2021. Service was accepted by Lyanne Gares, Litigation Management Services Leader. Document filed by Barbara Deluca; Drew R. Naylor..(Titler-Lingle, Jessica)
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Filing 143
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. EisnerAmper LLP served on 11/15/2021, answer due 12/6/2021. Service was accepted by Victoria Aranda, Manager. Document filed by Barbara Deluca; Drew R. Naylor..(Titler-Lingle, Jessica)
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Filing 142
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. CohnReznick LLP served on 11/15/2021, answer due 12/6/2021. Service was accepted by Steve Scott, Director. Document filed by Barbara Deluca; Drew R. Naylor..(Titler-Lingle, Jessica)
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Filing 141
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. RSM US LLP served on 11/11/2021, answer due 12/2/2021. Service was accepted by Jacqueline Ealy, Secretary. Document filed by Barbara Deluca; Drew R. Naylor..(Titler-Lingle, Jessica)
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Filing 140
STATUS REPORT. Joint Status Report Document filed by David Gentile..(Simonson, Leif)
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Filing 139
WAIVER OF SERVICE RETURNED EXECUTED. Crowe LLP waiver sent on 11/18/2021, answer due 1/18/2022. Document filed by Barbara Deluca; Drew R. Naylor..(Herbert, Laina)
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Filing 138
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Margolin, Winer & Evens LLP served on 11/3/2021, answer due 11/24/2021. Service was accepted by New York Secretary of State. Document filed by Barbara Deluca; Drew R. Naylor..(Berger, Daniel)
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Filing 137
ORDER granting #135 Motion to Withdraw as Attorney. Attorney Laura Maria Gonzalez terminated (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 136
NOTICE OF APPEARANCE by Alexandra Zoe Bunnell on behalf of David Gentile..(Bunnell, Alexandra)
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Filing 135
MOTION for Laura Maria Gonzalez to Withdraw as Attorney for David Gentile. Document filed by David Gentile. (Attachments: #1 Text of Proposed Order Proposed Order).(Gonzalez, Laura)
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Filing 134
ELECTRONIC SUMMONS ISSUED as to CohnReznick LLP, Crowe LLP, EisnerAmper LLP, GPB Holdings, LP, GPB Waste Management, LP, Macrina (A/K/A Minchung) Kgil, Margolin, Winer & Evens LLP, RSM US LLP. (sj)
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Filing 133
REQUEST FOR ISSUANCE OF SUMMONS as to GPB Holdings, LP, RSM US LLP, Crowe LLP, CohnReznick LLP, EisnerAmper LLP, Macrina (A/K/A Minchung) Kgil, Margolin, Winer & Evens LLP, GPB Waste Management, LP, re: #132 Amended Complaint,,. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Attachment A).(Berger, Daniel)
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Filing 132
AMENDED COMPLAINT amending #2 Complaint, #83 Complaint, #117 Amended Complaint, against Ascendancy Alternative Strategies, LLC, Ascendant Capital, LLC, Axiom Capital Management, Inc., GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, David Gentile, Jeffrey Lash, Mark Martino, Jeffrey Schneider, GPB Holdings, LP, Crowe LLP, EisnerAmper LLP, Margolin, Winer & Evens LLP, RSM US LLP, CohnReznick LLP, Macrina (A/K/A Minchung) Kgil, GPB Waste Management, LP with JURY DEMAND.Document filed by Drew R. Naylor, Barbara Deluca. Related document: #2 Complaint, #83 Complaint, #117 Amended Complaint,..(Berger, Daniel)
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Filing 131
FILING ERROR - SUMMONS NOT LINKED TO CORRESPONDING PLEADING REQUEST FOR ISSUANCE OF SUMMONS as to RSM US LLP, re: #117 Amended Complaint. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel) Modified on 10/7/2021 (sj).
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Filing 130
FILING ERROR - SUMMONS NOT LINKED TO CORRESPONDING PLEADING REQUEST FOR ISSUANCE OF SUMMONS as to Margolin, Winer & Evens LLP, re: #117 Amended Complaint. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel) Modified on 10/7/2021 (sj).
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Filing 129
FILING ERROR - SUMMONS NOT LINKED TO CORRESPONDING PLEADING REQUEST FOR ISSUANCE OF SUMMONS as to Macrina (A/K/A Minchung) Kgil, re: #117 Amended Complaint. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel) Modified on 10/7/2021 (sj).
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Filing 128
FILING ERROR - SUMMONS NOT LINKED TO CORRESPONDING PLEADING REQUEST FOR ISSUANCE OF SUMMONS as to GPB Waste Management, LP, re: #117 Amended Complaint. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel) Modified on 10/7/2021 (sj).
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Filing 127
FILING ERROR - SUMMONS NOT LINKED TO CORRESPONDING PLEADING REQUEST FOR ISSUANCE OF SUMMONS as to GPB Holdings, LP, re: #117 Amended Complaint. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel) Modified on 10/7/2021 (sj).
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Filing 126
FILING ERROR - SUMMONS NOT LINKED TO CORRESPONDING PLEADING REQUEST FOR ISSUANCE OF SUMMONS as to EisnerAmper LLP, re: #117 Amended Complaint. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel) Modified on 10/7/2021 (sj).
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Filing 125
FILING ERROR - SUMMONS NOT LINKED TO CORRESPONDING PLEADING REQUEST FOR ISSUANCE OF SUMMONS as to Crowe LLP, re: #117 Amended Complaint. Document filed by Barbara Deluca, Drew R. Naylor.(Berger, Daniel) Modified on 10/7/2021 (sj).
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Filing 124
FILING ERROR - SUMMONS NOT LINKED TO CORRESPONDING PLEADING REQUEST FOR ISSUANCE OF SUMMONS as to CohnReznick LLP, re: #117 Amended Complaint. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel) Modified on 10/7/2021 (sj).
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Filing 123
ORDER FOR PLAINTIFFS' MOTION FOR LEAVE TO: (1) FILE UNDER SEAL THE UNREDACTED AMENDED COMPLAINT AND (2) PUBLICLY FILE THE REDACTED AMENDED COMPLAINT granting #122 Motion to Seal. IT IS HEREBY ORDERED: 1. Plaintiffs' Motion is GRANTED. 2. Plaintiffs may file Under Seal the Unredacted Amended Complaint, which was filed at Dkt. 117-1 and Dkt, 117-2. 3. Plaintiffs may file publicly the Redacted Amended Complaint, which was filed at Dkt. 121-3.. (Signed by Judge Lewis A. Kaplan on 10/5/2021) (ks)
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Filing 122
LETTER MOTION to Seal Plaintiffs' Amended Complaint addressed to Judge Lewis A. Kaplan from Laina M. Herbert dated October 4, 2021. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Text of Proposed Order).(Berger, Daniel)
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Filing 121
MOTION to Seal -CORRECTED- Motion to Seal Amended Complaint - Redacted Version-. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Memorandum of Law, #2 Declaration of Catherine Pratsinakis, #3 Exhibit to Declaration, #4 Exhibit to Declaration, #5 Text of Proposed Order).(Berger, Daniel)
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Filing 120
EXHIBIT TO PLEADING re: #117 Amended Complaint,. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel)
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Filing 119
MOTION to Seal Amended Complaint - Redacted Version. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Memorandum of Law, #2 Declaration of Catherine Pratsinakis, #3 Exhibit to Declaration, #4 Exhibit to Declaration, #5 Text of Proposed Order).(Berger, Daniel)
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Filing 118
EXHIBIT TO PLEADING re: #117 Amended Complaint,. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel)
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Filing 117
***SELECTED PARTIES*** AMENDED COMPLAINT amending #2 Complaint, #83 Complaint, against Drew R. Naylor, Barbara Deluca with JURY DEMAND.Document filed by Drew R. Naylor, Barbara Deluca, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, David Gentile, Jeffrey Lash. Related document: #2 Complaint, #83 Complaint,. (Attachments: #1 Unredacted Complaint)Motion or Order to File Under Seal: #116 .(Berger, Daniel)
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Filing 116
MOTION to Seal Unredacted Amended Complaint. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Memorandum of Law, #2 Declaration of Catherine Pratsinakis, #3 Text of Proposed Order).(Berger, Daniel)
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Filing 115
STIPULATION TO STAY ACTION AS TO ALL DEFENDANTS: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by all Plaintiffs and all Defendants, through their undersigned counsel, subject to the approval of the Court, that: 1) The Instant Action is hereby stayed until such time as final judgment is entered in the Federal Criminal Action or the Federal Criminal Action is otherwise resolved with respect to all charges against each of David Gentile and Jeffrey Lash. 2) Defendants will produce to Plaintiffs any documents they already produced in the below action (the Investor Litigations); as further set forth herein. 3) Defendants will produce to Plaintiffs any interrogatory responses produced in the Investor Litigations. Otherwise, all written discovery in the Instant Action is stayed. 4) Plaintiffs will be allowed to complete the already served written discovery on the third parties below; as further set forth herein. 5) Plaintiffs' deadline to amend their pleadings and/or add parties is extended to September 30, 2021, but any answer or response thereto will be due 60 days from the filing or 60 days after the stay is lifted, whichever comes later. 6) Defendants David Gentile and Jeffrey Lash will notify Plaintiffs and this Court promptly upon the resolution of the Federal Criminal Action per paragraph 1, at which time the stay will be terminated. 7) Except as set forth in paragraphs 2, 3 and 4 above, this stay includes, without limitation, all discovery (including but not limited to any depositions), any pending motions, any scheduled hearings, and all deadlines set forth in the Joint Case Management Plan and Scheduling Order [Dkt. No. 113] and, since the Parties were in the process of discussing this proposed stipulation to stay the action, any past deadlines, including the deadline to file Plaintiffs' class certification motion, are hereby suspended without prejudice. 8) Following the termination of the stay, the Parties will submit a proposed amended scheduling order. 9) Plaintiffs reserve the right to seek a termination or lifting of the stay in the Instant Action. Defendants reserve all rights to oppose any such motion; and 10) The Parties to this Stipulation will provide the Court with a status report in six months, and every six months thereafter, or sooner, if circumstances so warrant., (Amended Pleadings due by 9/30/2021., Joinder of Parties due by 9/30/2021.) (Signed by Judge Lewis A. Kaplan on 5/21/2021) (nb)
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Case Stayed (nb)
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Filing 114
PROPOSED STIPULATION AND ORDER. Document filed by David Gentile..(Simonson, Leif)
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Filing 113
JOINT CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Amended Pleadings due by 6/1/2021. Any party moving for summary judgment shall file its motion by no later than 2/9/2022. For any summary judgment motion filed by any party, opposition(s) to motion(s) for summary judgment shall be filed within 30 days of the date of the filing of the motion(s) but no later than 3/11/2022. Any reply shall be filed within 30 days of the date of the filing of the opposition(s) to the motion(s) but no later than 4/11/2022. Defendants' opposition(s) to class certification shall be due within 45 days of the date of the filing of the motion but no later than 6/14/2021. Plaintiffs' reply shall be due within 30 days of the date of the filing of theopposition(s) to the motion but no later than 7/14/2021. Deposition due by 9/15/2021. Fact Discovery due by 9/15/2021. Expert Discovery due by 12/17/2021. (Signed by Judge Lewis A. Kaplan on 5/11/2021) (mro)
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Filing 112
NOTICE OF APPEARANCE by Derrelle Marcel Janey on behalf of Jeffrey Lash..(Janey, Derrelle)
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Filing 111
AGREED PROTOCOL AND ORDER GOVERNING DISCOVERY MATTERS AND THE PRODUCTION OF ELECTRONICALLY STORED INFORMATION ("ESI"): The parties, by their undersigned counsel, hereby agree to the extent not unduly burdensome to prepare their production of documents in accordance with the below agreed-upon specifications: All hard copy documents should be scanned and produced as black and white single-page, Group IV, 300 DPI Tagged Image File Format (.TIFF or.TIF) images with an image load file (.OPT file and/or.LFP file) and a delimited database/metadata load file (.DAT). Electronically Stored Information (ESI) is to be produced as black and white, single-page 300 DPI Group TIFF files. The TIFF files shall be produced with a corresponding image load files (e.g.,.OPT file or.LFP file). Each TIFF image should be named as its corresponding Bates number. Original document orientation should be maintained (i.e. portrait to portrait and landscape to landscape). TIFF image files should be provided in a self-identified "Images" folder. (And as further set forth herein.) IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/9/2021) (jca)
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Filing 110
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/9/2021) (jca)
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Filing 109
PROPOSED ORDER. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 108
PROPOSED PROTECTIVE ORDER. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #109 Proposed Order was reviewed and approved as to form. (km)
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Filing 107
ORDER granting #106 Motion for Laura M Gonzalez to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 106
MOTION for Laura Maria Gonzalez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23732212. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Gentile. (Attachments: #1 Affidavit Affidavit of Laura Maria Gonzalez In Support Of Motion For Admission Pro Hac Vice, #2 Supreme Court of Florida - Certificate of Good Standing, #3 Florida Bar - Certificate of Good Standing, #4 Text of Proposed Order Proposed Order For Admission Pro Hac Vice).(Gonzalez, Laura)
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Filing 105
AMENDED ANSWER to with JURY DEMAND. Document filed by Jeffrey Lash..(Galbraith, Kevin)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #106 MOTION for Laura Maria Gonzalez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23732212. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 104
ANSWER to #83 Complaint, with JURY DEMAND. Document filed by David Gentile..(Simonson, Leif)
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Filing 103
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Laura Maria Gonzalez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23716163. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Gentile. (Attachments: #1 Affidavit Affidavit Of Laura Maria Gonzalez In Support Of Motion For Admission Pro Hac Vice, #2 Certificate Of Good Standing, #3 Proposed Order For Admission Pro Hac Vice).(Gonzalez, Laura) Modified on 1/27/2021 (wb).
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Filing 102
ANSWER to #83 Complaint, with JURY DEMAND. Document filed by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP..(Kaplan, Steven)
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Filing 101
ANSWER to #83 Complaint,. Document filed by Jeffrey Lash..(Galbraith, Kevin)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #103 MOTION for Laura Maria Gonzalez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23716163. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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Filing 100
PROPOSED CASE MANAGEMENT PLAN. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel)
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Filing 99
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned, the attorneys of record for the plaintiffs Barbara Deluca and Drew R. Naylor, on behalf of themselves and other similarly situated limited partners (collectively, the "plaintiffs"), defendants GPB Automotive Portfolio, LP, GPB Holdings II, LP, and GPB Capital Holdings, LLC (collectively, the "GPB Defendants"), defendant David Gentile ("Gentile"), and defendant Jeffrey Lash ("Lash"), as follows: 1. The time for the GPB Defendants, Gentile, and Lash to file their answers to the Complaint is hereby extended through and including January 27, 2021. 2. The parties hereto further agree to serve their Rule 26 initial disclosures on or before February 16, 2021. 2. This Stipulation may be executed in counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same Stipulation. A faxed or e-mailed copy of this Stipulation as executed shall have the same force and effect as the original. SO ORDERED. GPB Automotive Portfolio, LP answer due 1/27/2021; GPB Capital Holdings, LLC answer due 1/27/2021; GPB Holdings II, LP answer due 1/27/2021; David Gentile answer due 1/27/2021; Jeffrey Lash answer due 1/27/2021. (Signed by Judge Lewis A. Kaplan on 12/28/2020) (jca)
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Filing 98
PROPOSED STIPULATION AND ORDER. Document filed by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP..(Kaplan, Steven)
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Filing 97
NOTICE OF APPEARANCE by Kevin Dugald Galbraith on behalf of Jeffrey Lash..(Galbraith, Kevin)
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Filing 96
MEMORANDUM AND OPINION re: #62 MOTION to Dismiss The Complaint. filed by Axiom Capital Management, Inc., #61 MOTION to Dismiss . filed by Jeffrey Schneider, Ascendant Capital, LLC, #58 MOTION to Dismiss . filed by Ascendancy Alternative Strategies, LLC, Mark Martino, #60 MOTION to Dismiss . filed by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, #70 MOTION to Dismiss . filed by David Gentile. Defendants' motions [DI 58, 60, 61, 62, 70] are disposed of as follows: 1. Insofar as the motions seek dismissal of the complaint for failure to state a claim upon which relief may be granted, the motions are granted in all respects except that they are denied with respect to: a. So much of Counts I and II as are against GPB Capital, the GPB Investments, Gentile, and Lash and assert fraudulent misrepresentation with respect to the source of investor distributions. b. So much of Count III as asserts breach of contract by GPB Capital for failure to provide audited financial statements and reports. 2. Insofar as the motions seek to stay proceedings and to dismiss on the basis of forum non conveniens, the motions are denied in all respects. So Ordered (Signed by Judge Lewis A. Kaplan on 12/13/2020) (js) Transmission to Orders and Judgments Clerk for processing.
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Filing 95
ORDER granting #15 Motion to Seal Document (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 94
ORDER granting #92 Letter Motion for Leave to File Document. (Signed by Judge Lewis A. Kaplan on 4/13/2020) (Kaplan, Lewis)
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Filing 93
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Catherine Pratsinakis dated April 8, 2020 re: #92 LETTER MOTION for Leave to File Strike Sur-Reply Filed by Plaintiffs on March 16, 2020 addressed to Judge Lewis A. Kaplan from Defendants dated March 18, 2020. . Document filed by Barbara Deluca, Drew R. Naylor..(Pratsinakis, Catherine)
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Filing 92
LETTER MOTION for Leave to File Strike Sur-Reply Filed by Plaintiffs on March 16, 2020 addressed to Judge Lewis A. Kaplan from Defendants dated March 18, 2020. Document filed by Axiom Capital Management, Inc...(Truitt, Alexander)
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Filing 91
MEMORANDUM OF LAW in Opposition re: #62 MOTION to Dismiss The Complaint., #61 MOTION to Dismiss ., #58 MOTION to Dismiss ., #60 MOTION to Dismiss ., #70 MOTION to Dismiss . Revised Redacted Brief. Document filed by Barbara Deluca, Drew R. Naylor..(Titler-Lingle, Jessica)
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Filing 90
REPLY MEMORANDUM OF LAW in Opposition re: #62 MOTION to Dismiss The Complaint., #61 MOTION to Dismiss ., #58 MOTION to Dismiss ., #60 MOTION to Dismiss ., #70 MOTION to Dismiss . . Document filed by Barbara Deluca, Drew R. Naylor..(Titler-Lingle, Jessica)
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Filing 89
NOTICE OF APPEARANCE by Jessica Erin Levine on behalf of Axiom Capital Management, Inc...(Levine, Jessica)
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Filing 88
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Axiom Capital Management, Inc...(Truitt, Alexander)
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Filing 87
REPLY MEMORANDUM OF LAW in Support re: #70 MOTION to Dismiss . . Document filed by David Gentile..(Simonson, Leif)
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Filing 86
REPLY MEMORANDUM OF LAW in Support re: #62 MOTION to Dismiss The Complaint. . Document filed by Axiom Capital Management, Inc...(Truitt, Alexander)
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Filing 85
REPLY MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss . . Document filed by Ascendant Capital, LLC, Jeffrey Schneider..(Jancasz, Richard)
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Filing 84
REPLY MEMORANDUM OF LAW in Support re: #60 MOTION to Dismiss . . Document filed by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP..(Rosenfeld, Tab)
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Filing 83
COMPLAINT against Ascendancy Alternative Strategies, LLC, Ascendant Capital, LLC, Axiom Capital Management, Inc., GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, David Gentile, Jeffrey Lash, Mark Martino, Jeffrey Schneider. Document filed by Drew R. Naylor, Barbara Deluca..(Titler-Lingle, Jessica)
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Filing 82
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF MICHAEL J. BARRY granting #76 Motion for Michael J. Barry to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 3/4/2020) (jwh)
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Filing 81
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF KIMBELY A. EVANS granting #75 Motion for Kimberly A. Evans to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 3/4/2020) (jwh)
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Filing 80
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #62 MOTION to Dismiss The Complaint., #61 MOTION to Dismiss ., #58 MOTION to Dismiss ., #60 MOTION to Dismiss ., #70 MOTION to Dismiss . . Document filed by Drew R. Naylor, Barbara Deluca, Ascendancy Alternative Strategies, LLC, Ascendant Capital, LLC, Axiom Capital Management, Inc., GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, David Gentile, Jeffrey Lash, Mark Martino, Jeffrey Schneider. (Attachments: #1 Exhibit C (Filed Under Seal), #2 Exhibit D (Filed Under Seal))Motion or Order to File Under Seal: #74 .(Berger, Daniel)
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Filing 79
DECLARATION of Barbara DeLuca in Opposition re: #62 MOTION to Dismiss The Complaint., #61 MOTION to Dismiss ., #58 MOTION to Dismiss ., #60 MOTION to Dismiss ., #70 MOTION to Dismiss .. Document filed by Barbara Deluca, Drew R. Naylor..(Berger, Daniel)
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Filing 78
DECLARATION of Catherine Pratsinakis in Opposition re: #62 MOTION to Dismiss The Complaint., #61 MOTION to Dismiss ., #58 MOTION to Dismiss ., #60 MOTION to Dismiss ., #70 MOTION to Dismiss .. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Filed Under Seal), #4 Exhibit D (Filed Under Seal)).(Berger, Daniel)
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Filing 77
MEMORANDUM OF LAW in Opposition re: #62 MOTION to Dismiss The Complaint., #61 MOTION to Dismiss ., #58 MOTION to Dismiss ., #60 MOTION to Dismiss ., #70 MOTION to Dismiss . (Redacted). Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Certificate of Service).(Berger, Daniel)
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Filing 76
MOTION for Michael J. Barry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18986556. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Declaration, #2 Text of Proposed Order, #3 Certificates of Good Standing).(Barry, Michael)
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Filing 75
MOTION for Kimberly A. Evans to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18986478. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Declaration, #2 Text of Proposed Order, #3 Certificates of Good Standing).(Evans, Kimberly)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #75 MOTION for Kimberly A. Evans to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18986478. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #76 MOTION for Michael J. Barry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18986556. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 74
ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO: (1) PUBLICLY FILE BY ECF A REDACTED VERSION OF PLAINTIFFS' OMNIBUS BRIEF IN OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS; AND (2) FILE UNDER SEAL BY ECF THE UNREDACTED VERSION AND CERTAIN EXHIBITS granting #73 MOTION for Leave to File Redacted Version by ECF of Plaintiffs' Omnibus Brief in Opposition to Defendants' Motions to Dismiss; and (2) File Under Seal by ECF the Unredacted Version and Certain Exhibits. IT IS HEREBY ORDERED: 1. Plaintiffs ' Motion is GRANTED. 2. Plaintiffs may publicly file by ECF a redacted version of Plaintiffs ' Omnibus Brief In Opposition To Defendants' Motions To Dismiss ("Opposition Brief'); and 3. Plaintiffs may file under seal by ECF the unredacted version of the Opposition Brief and the exhibits in support of Plaintiffs' Omnibus Brief in Opposition to Defendants' Motions to Dismiss that are the subject of Confidential Agreements between Plaintiffs and Defendants GPB Holdings II, LP and GPB Automotive Portfolio, LP.4. This order is without prejudice to a motion to unseal any sealed portion by defendants or any non-party Plaintiff's should bear the burden of establishing good cause to continue any seal in the Court of such a motion. (Signed by Judge Lewis A. Kaplan on 3/2/2020) (jca)
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Filing 73
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File Redacted Version by ECF of Plaintiffs' Omnibus Brief in Opposition to Defendants' Motions to Dismiss; and (2) File Under Seal by ECF the Unredacted Version and Certain Exhibits . Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Memorandum of Law, #2 Declaration of C. Pratsinakis, #3 Text of Proposed Order, #4 Certificate of Service).(Pratsinakis, Catherine) Modified on 3/28/2020 (ldi).
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Filing 72
STIPULATION AND ORDER TO EXTEND DEADLINE: 1. Defendant Gentile shall file his motion to dismiss, if any, no later than February 10, 2020 and the brief for any such motion shall not exceed five (5) pages; 2. Plaintiffs' onmibus answering brief in opposition to three, or four if Defendant Gentile files a motion pursuant to 1, separate motions to dismiss filed by Defendants (ECF Nos. 59-62) is due on February 28, 2020 and shall not exceed fifty-five (55) pages; and 3. Defendants' reply briefs are due March 9, 2020 and each reply brief shall not exceed fifteen (15) pages. IT IS SO ORDERED. (Responses due by 2/28/2020, Replies due by 3/9/2020.) (Signed by Judge Lewis A. Kaplan on 2/11/2020) (jca)
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Filing 71
MEMORANDUM OF LAW in Support re: #70 MOTION to Dismiss . . Document filed by David Gentile..(Simonson, Leif)
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Filing 70
MOTION to Dismiss . Document filed by David Gentile..(Simonson, Leif)
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Filing 69
NOTICE OF APPEARANCE by William F. McGovern on behalf of David Gentile..(McGovern, William)
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Filing 68
NOTICE OF APPEARANCE by Leif Thorsten Simonson on behalf of David Gentile..(Simonson, Leif)
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Filing 67
PROPOSED STIPULATION AND ORDER. Document filed by Barbara Deluca, Drew R. Naylor. (Titler-Lingle, Jessica)
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Filing 66
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ascendancy Alternative Strategies, LLC, Mark Martino..(Smith, Michael)
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Filing 65
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by GPB Capital Holdings, LLC..(Rosenfeld, Tab)
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Filing 64
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by GPB Holdings II, LP..(Rosenfeld, Tab)
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Filing 63
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by GPB Automotive Portfolio, LP..(Rosenfeld, Tab)
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Filing 62
MOTION to Dismiss The Complaint. Document filed by Axiom Capital Management, Inc.. (Attachments: #1 Memorandum of Law, #2 Affidavit Miller Affidavit, #3 Truitt Declaration, #4 Exhibit Complaint, #5 Exhibit Deluca SA, #6 Exhibit Naylor SA, #7 Exhibit Deluca PPM, #8 Exhibit Naylor PPM).(Truitt, Alexander)
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Filing 61
MOTION to Dismiss . Document filed by Ascendant Capital, LLC, Jeffrey Schneider. (Attachments: #1 Memorandum of Law).(Jancasz, Richard)
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Filing 60
MOTION to Dismiss . Document filed by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP. (Attachments: #1 Declaration of Jennifer Bergenfeld, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Memorandum of Law in Support of GPB's Motion to Dismiss).(Rosenfeld, Tab)
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Filing 59
DECLARATION of Richard B. Feldman in Support re: #58 MOTION to Dismiss .. Document filed by Ascendancy Alternative Strategies, LLC, Mark Martino..(Smith, Michael)
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Filing 58
MOTION to Dismiss . Document filed by Ascendancy Alternative Strategies, LLC, Mark Martino..(Smith, Michael)
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Filing 57
MEMO ENDORSEMENT on re: #54 Letter filed by Axiom Capital Management, Inc. ENDORSEMENT: Denied. Defendant's may file any appropriate motions in accordance with the rules. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/30/2020) (rro)
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Filing 56
LETTER addressed to Judge Lewis A. Kaplan from Plaintiffs dated January 30, 2020 re: Briefing Schedule. Document filed by Barbara Deluca, Drew R. Naylor.(Pratsinakis, Catherine)
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Filing 55
NOTICE OF APPEARANCE by Michael Howard Smith on behalf of Ascendancy Alternative Strategies, LLC, Mark Martino. (Smith, Michael)
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Filing 54
LETTER addressed to Judge Lewis A. Kaplan from Axiom Capital Management, Inc. dated 1/28/2020 re: Briefing Schedule. Document filed by Axiom Capital Management, Inc..(Truitt, Alexander)
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Filing 53
NOTICE OF APPEARANCE by Alexander Asher Truitt on behalf of Axiom Capital Management, Inc.. (Truitt, Alexander)
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Filing 52
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned, the attorneys of record for the plaintiffs Barbara Deluca and Drew R. Naylor, on behalf of themselves and other similarly situated limited partners (collectively, the "Plaintiffs") and defendants Ascendant Capital LLC and Jeffrey Schneider (collectively. the "Schneider Defendants"), as follows: 1) The time for the Schneider Defendants to answer, move, or otherwise respond to the Complaint is extended through and including January 31, 2020. So Ordered. Ascendant Capital, LLC answer due 1/31/2020; Jeffrey Schneider answer due 1/31/2020. (Signed by Judge Lewis A. Kaplan on 1/6/2020) (js)
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Filing 51
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for plaintiffs BARBARA DELUCA and, DREW R. NAYLOR, on behalf of themselves and other similarly situated limited partners (collectively, the "Plaintiffs"), and defendant AXIOM CAPITAL MANAGEMENT, INC. ("Axiom"), as follows: 1. The time for Axiom to answer, move, or otherwise respond to the Complaint is hereby extended through and including January 31, 2020; 2. This Stipulation may be executed in counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same stipulation. A faxed or e-mailed copy of this stipulation as executed shall have the same force and effect as the original. SO ORDERED. Axiom Capital Management, Inc. answer due 1/31/2020. (Signed by Judge Lewis A. Kaplan on 1/6/2020) (jca)
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Filing 50
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned, the attorneys of record for the plaintiffs Barbara Deluca and Drew R. Naylor, on behalf of themselves and other similarly situated limited partners (collectively, the "plaintiffs") and defendants GPB Automotive Portfolio, LP, GPB Holdings II, LP, and GPB Capital Holdings, LLC (collectively, the "GPB Defendants"), as follows: 1. The time for the GPB Defendants to answer, move, or otherwise respond to the Complaint is extended through and including January 31, 2020. 2. This Stipulation may be executed in counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same Stipulation. A faxed or e-mailed copy of this Stipulation as executed shall have the same force and effect as the original. SO ORDERED. GPB Automotive Portfolio, LP answer due 1/31/2020; GPB Capital Holdings, LLC answer due 1/31/2020; GPB Holdings II, LP answer due 1/31/2020. (Signed by Judge Lewis A. Kaplan on 1/6/2020) (jca)
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Filing 49
PROPOSED STIPULATION AND ORDER. Document filed by Ascendant Capital, LLC, Jeffrey Schneider. (Schreiber, Jeffrey)
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Filing 48
PROPOSED STIPULATION AND ORDER. Document filed by Axiom Capital Management, Inc.. (Levine, Jessica)
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Filing 47
PROPOSED STIPULATION AND ORDER. Document filed by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP. (Meyer, Nicole)
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Filing 46
NOTICE OF APPEARANCE by Catherine Pratsinakis on behalf of Barbara Deluca, Drew R. Naylor. (Pratsinakis, Catherine)
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Filing 45
NOTICE OF APPEARANCE by Jessica L. Titler-Lingle on behalf of Barbara Deluca, Drew R. Naylor. (Titler-Lingle, Jessica)
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Filing 44
ORDER FOR ADMISSION PRO HAC VICE granting #23 MOTION for Catherine Pratsinakis to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 12/16/2019) (jca)
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Filing 43
ORDER FOR ADMISSION PRO HAC VICE granting #24 MOTION for Jessica L. Titler-Lingle to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 12/16/2019) (jca)
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Filing 42
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF LAINA M. HERBERT granting #28 MOTION for Laina M. Herbert to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 12/18/2019) (jca)
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Filing 41
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for plaintiffs BARBARA DELUCA and, DREW R. NAYLOR, on behalf of themselves and other similarly situated limited partners (collectively, the "Plaintiffs"), and defendant AXIOM CAPITAL MANAGEMENT, INC. ("Axiom"), as follows: 1. The time for Axiom to answer, move, or otherwise respond to the Complaint is hereby extended through and including December 31, 2019. (And as further set forth in this Order.) SO ORDERED. Axiom Capital Management, Inc. answer due 12/31/2019. (Signed by Judge Lewis A. Kaplan on 12/17/2019) (jca)
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Filing 40
PROPOSED STIPULATION AND ORDER. Document filed by Axiom Capital Management, Inc.. (Levine, Jessica)
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Filing 39
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned, theattorneys of record for the plaintiffs Barbara Deluca and Drew R. Naylor, on behalf of themselves and other similarly situated limited partners (collectively, the "plaintiffs") and defendants GPB Automotive Portfolio, LP, GPB Holdings II, LP, and GPB Capital Holdings, LLC (collectively, the "GPB Defendants"), as follows: 1. The time for the GPB Defendants to answer, move, or otherwise respond to the Complaint is extended through and including December 31, 2019. (And as further set forth in this Order.) SO ORDERED. GPB Automotive Portfolio, LP answer due 12/31/2019; GPB Capital Holdings, LLC answer due 12/31/2019; GPB Holdings II, LP answer due 12/31/2019. (Signed by Judge Lewis A. Kaplan on 12/16/2019) (jca)
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Filing 38
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Tab K. Rosenfeld dated 12/11/2019 re: Accordingly, we would respectfully request that the Court enter an Order permitting the filing of the proposed redacted complaint. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/16/2019) (jca)
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Filing 37
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and among the undersigned, the attorneys of record for plaintiffs BARBARA DELUCA and DREW R. NAYLOR, on behalf of themselves and other similarly situated limited partners (collectively the "Plaintiffs"), and counsel for defendants ASCENDANT ALTERNATIVE STRATEGIES, LLC (inaccurately named ASCENDANCY ALTERNATIVE STRATEGIES, LLC on caption) and MARK MARTINO (collectively the "AAS Defendants"), as follows: 1. The time for the AAS Defendants to answer, move, or otherwise respond to the Complaint is extended through and including December 31, 2019. (And as further set forth in this Order.) SO ORDERED. Ascendancy Alternative Strategies, LLC answer due 12/31/2019. (Signed by Judge Lewis A. Kaplan on 12/16/2019) (jca)
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Filing 36
PROPOSED STIPULATION AND ORDER. Document filed by Ascendancy Alternative Strategies, LLC, Mark Martino. (Smith, Michael)
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Filing 35
NOTICE OF APPEARANCE by Nicole E Meyer on behalf of GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP. (Meyer, Nicole)
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Filing 34
NOTICE OF APPEARANCE by Steven Michael Kaplan on behalf of GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP. (Kaplan, Steven)
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Filing 33
NOTICE OF APPEARANCE by Tab Keith Rosenfeld on behalf of GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP. (Rosenfeld, Tab)
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Filing 32
NOTICE OF APPEARANCE by Jeffrey Schreiber on behalf of Ascendant Capital, LLC, Jeffrey Schneider. (Schreiber, Jeffrey)
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Filing 31
PROPOSED STIPULATION AND ORDER. Document filed by Ascendant Capital, LLC, Jeffrey Schneider. (Jancasz, Richard)
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Filing 30
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ascendant Capital, LLC.(Jancasz, Richard)
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Filing 29
NOTICE OF APPEARANCE by Richard Joseph Jancasz on behalf of Ascendant Capital, LLC, Jeffrey Schneider. (Jancasz, Richard)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #28 MOTION for Laina M. Herbert to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (wb)
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Pro Hac Vice Fee Payment: for #28 MOTION for Laina M. Herbert to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-18259758.(Herbert, Laina)
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Filing 28
MOTION for Laina M. Herbert to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Affidavit of Laina M. Herbert With Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(Herbert, Laina)
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Filing 27
PROPOSED STIPULATION AND ORDER. Document filed by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP. (Rosenfeld, Tab)
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Filing 26
CERTIFICATE OF SERVICE. Jeffrey Lash served on 12/7/2019, answer due 12/30/2019. Service was accepted by Jeffrey Lash. Document filed by Drew R. Naylor; Barbara Deluca. (Glauber, Ira)
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Filing 25
NOTICE OF APPEARANCE by Daniel Lawrence Berger on behalf of Barbara Deluca, Drew R. Naylor. (Berger, Daniel)
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Filing 24
MOTION for Jessica L. Titler-Lingle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18220999. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Exhibit)(Glauber, Ira)
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Filing 23
MOTION for Catherine Pratsinakis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18220879. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Exhibit)(Glauber, Ira)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Catherine Pratsinakis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18220879. Motion and supporting papers to be reviewed by Clerk's Office staff., #24 MOTION for Jessica L. Titler-Lingle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18220999. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 22
CERTIFICATE OF SERVICE. Ascendancy Alternative Strategies, LLC served on 11/22/2019, answer due 12/13/2019; Axiom Capital Management, Inc. served on 11/25/2019, answer due 12/16/2019; GPB Automotive Portfolio, LP served on 11/21/2019, answer due 12/12/2019; GPB Capital Holdings, LLC served on 11/21/2019, answer due 12/12/2019; GPB Holdings II, LP served on 11/21/2019, answer due 12/12/2019; David Gentile served on 11/21/2019, answer due 12/12/2019; Mark Martino served on 11/22/2019, answer due 12/13/2019; Jeffrey Schneider served on 11/22/2019, answer due 12/13/2019. Service was accepted by Valentino Sole, Kristen Hayes, Colleen Banahan. Document filed by Drew R. Naylor; Barbara Deluca. (Glauber, Ira)
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Filing 21
CERTIFICATE OF SERVICE. Ascendant Capital, LLC served on 11/21/2019, answer due 12/12/2019. Service was accepted by Jeff Schneider. Document filed by Drew R. Naylor; Barbara Deluca. (Glauber, Ira)
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Filing 20
NOTICE of Similar Actions in Other Courts. Document filed by Barbara Deluca, Drew R. Naylor. (Glauber, Ira)
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Filing 19
ORDER granting in part and denying in part #17 MOTION to Seal Document Unredacted Complaint. Motion granted to the extent hereafter set forth and otherwise denied. This purported class action is brought by limited partners of GPB Automotive Portfolio, LP ("Automotive"), and GPB Holdings II, LP ("Holdings II") (together, the "Partnerships"), and as well as others. The crux of the claim appears to be that class members were fraudulently induced to invest more than $1.27 billion. Prior to the commencement of this action, plaintiffs sought access to books and records of Automotive and Holdings II under Delaware law and the partnership agreements. As a condition of granting access, the Partnerships insisted that plaintiffs execute confidentiality agreements that: [P]rohibit[] the public filing of documents or disclosure of information designated by the parties as "Confidential," and require[] Plaintiffs to ensure that any complaint and attachments or exhibits to the complaint "filed in the Subsequent Litigation that constitute or contain Confidential Material shall be filed in accordance with [Delaware] Court of Chancery Rule 5.1 or any other similar applicable rule governing confidentiality" and "take all steps reasonably necessary to ensure the continued confidentiality of the Confidential Material, including but not limited to entering into a protective order with all parties in any Subsequent Litigation sufficient to protect the Confidential Material from disclosure." The Partnerships thereupon designated all documents to which they gave plaintiffs access as Confidential. In these circumstances, plaintiffs, upon filing this action, sought an order providing for the filing of the complaint and certain other materials, which apparently are based to some degree upon documents that the Partnerships designated as Confidential, under seal and the public filing of a redacted version. In my absence, the Part I judge (Furman, J) granted the requested order on a temporary basis. He required that plaintiffs file the unredacted copies publicly on November 15, 2019 unless they renewed their motion to seal before me before then. Plaintiffs now have renewed their motion. The renewed motion makes abundantly clear that they have made this motion to comply with their contractual obligation quoted above. They "do not concede that the materials upon which the Complaint relies constitute 'confidential' information under law, reserve[] their rights to challenge such wholesale designations, and plan to do so at the appropriate juncture." I put to one side, for the moment, the questions whether the Partnerships' wholesale designation of eve1ything to which they granted plaintiffs access was appropriate and, if not, whether their action in doing so should have consequences quite inconsistent with what they sought to achieve. For the present, it suffices to do the following: 1. Judge Furman's order shall remain in effect until 5 P.M. on December 13, 2019 unless the Court otherwise orders. 2. Defendants on or before November 25, 2019 shall file such motion, if any, as they think advisable, seeking to establish good cause or other justification for: (a) Each and every redaction from each and every filing to date, bearing in mind that the Court, as an initial matter and subject to persuasion to the contrary, is skeptical of any suggestion that the Confidentiality Agreements extracted by the Partnerships from plaintiffs constitute good cause, at least in and of themselves, and (b) The wholesale designation as Confidential of everything to which the Partnerships granted access. 3. Plaintiffs shall file their response, if any, to any such motion no later than December 5, 2019. Any reply shall be filed no later than December 9, 2019. 4. Plaintiffs and defendants each shall file no more than one memorandum of law at each stage of the briefing. Principal memoranda shall not exceed 15 double-spaced pages. Any reply memorandum shall not exceed 7 double-spaced pages. 5. The parties would be well advised to resolve this dispute to the greatest extent possible by agreement and with a view of the common law and First Amendment rights to public access to court records. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/18/2019) (jca) Transmission to Sealed Records Clerk for processing.
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Set/Reset Deadlines: Motions due by 11/25/2019. Responses due by 12/5/2019, Replies due by 12/9/2019. (jca)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to Ascendancy Alternative Strategies, LLC, Ascendant Capital, LLC, Axiom Capital Management, Inc., GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, David Gentile, Jeffrey Lash, Mark Martino, Jeffrey Schneider. (dnh)
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Filing 17
MOTION to Seal Document Unredacted Complaint. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Order)(Glauber, Ira)
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Filing 16
REQUEST FOR ISSUANCE OF SUMMONS as to GPB AUTOMOTIVE PORTFOLIO, LP, GPB HOLDINGS II, LP, GPB CAPITAL HOLDINGS, LLC, ASCENDANCY ALTERNATIVE STRATEGIES, LLC, ASCENDANT CAPITAL, LLC, AXIOM CAPITAL MANAGEMENT, INC., DAVID GENTILE, MARK MARTINO, JEFFREY LASH, and JEFFREY SCHNEIDER, re: #2 Complaint,. Document filed by Barbara Deluca, Drew R. Naylor. (Glauber, Ira)
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Filing 15
MOTION to Seal Document Unredacted Complaint. Document filed by Barbara Deluca, Drew R. Naylor. (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Order)(Glauber, Ira)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ira N. Glauber to RE-FILE Document No. #11 Request for Issuance of Summons, #4 Request for Issuance of Summons, #5 Request for Issuance of Summons, #7 Request for Issuance of Summons, #6 Request for Issuance of Summons, #13 Request for Issuance of Summons, #12 Request for Issuance of Summons, #8 Request for Issuance of Summons, #9 Request for Issuance of Summons, #10 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the correct official A.O. Summons form dated June 2017. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
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Filing 14
SEALED DOCUMENT placed in vault.(mhe)
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Filing 13
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Jeffrey Schneider, re: #2 Complaint,. Document filed by Barbara Deluca, Drew R. Naylor. (Glauber, Ira) Modified on 11/14/2019 (dnh).
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Filing 12
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Jeffrey Lash, re: #2 Complaint,. Document filed by Barbara Deluca, Drew R. Naylor. (Glauber, Ira) Modified on 11/14/2019 (dnh).
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Filing 11
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Mark Martino, re: #2 Complaint,. Document filed by Barbara Deluca, Drew R. Naylor. (Glauber, Ira) Modified on 11/14/2019 (dnh).
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Filing 10
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to David Gentile, re: #2 Complaint,. Document filed by Barbara Deluca, Drew R. Naylor. (Glauber, Ira) Modified on 11/14/2019 (dnh).
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Filing 9
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Axiom Capital Management, Inc., re: #2 Complaint,. Document filed by Barbara Deluca, Drew R. Naylor. (Glauber, Ira) Modified on 11/14/2019 (dnh).
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Filing 8
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Ascendant Capital, LLC, re: #2 Complaint,. Document filed by Barbara Deluca, Drew R. Naylor. (Glauber, Ira) Modified on 11/14/2019 (dnh).
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Filing 7
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Ascendancy Alternative Strategies, LLC, re: #2 Complaint,. Document filed by Barbara Deluca, Drew R. Naylor. (Glauber, Ira) Modified on 11/14/2019 (dnh).
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Filing 6
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to GPB Capital Holdings, LLC, re: #2 Complaint,. Document filed by Barbara Deluca, Drew R. Naylor. (Glauber, Ira) Modified on 11/14/2019 (dnh).
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Filing 5
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to GPB Holdings II, LP, re: #2 Complaint,. Document filed by Barbara Deluca, Drew R. Naylor. (Glauber, Ira) Modified on 11/14/2019 (dnh).
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Filing 4
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to GPB Automotive Portfolio, LP, re: #2 Complaint,. Document filed by Barbara Deluca, Drew R. Naylor. (Glauber, Ira) Modified on 11/14/2019 (dnh).
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Filing 3
CIVIL COVER SHEET filed. (jgo) (pne).
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Filing 2
COMPLAINT against Ascendancy Alternative Strategies, LLC, Ascendant Capital, LLC, Axiom Capital Management, Inc., GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Holdings II, LP, David Gentile, Jeffrey Lash, Mark Martino, Jeffrey Schneider. (Filing Fee $ 400.00, Receipt Number 465401248249)Document filed by Drew R. Naylor, Barbara Deluca.(jgo) (pne).
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Filing 1
ORDER TO BE FILED UNDER SEAL: COMPLAINT/OTHER DOCUMENTS:EXHIBITS (Signed by Judge Jesse M. Furman on 11/8/2019) (jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo)
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