Federal Trade Commission v. RCG Advances, LLC et al
| Federal Trade Commission |
| Ram Capital Funding, LLC, Tzvi Reich, Jonathan Braun, Robert L Giardina, RCG Advances, LLC, RCG Advances, LLC a limited liability company formerly known as Richmond Capital Group, LLC doing business as Viceroy Capital Funding doing business as Ram Capital Funding, Richmond Capital Group, LLC and Steven Reich |
| Laredo Pain Consultants, Inc. and Eliel N. Ntakirutimana |
| 1:2020cv04432 |
| June 10, 2020 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Other Statutory Actions |
| 15 U.S.C. § 45 Federal Trade Commission Act (unfair or deceptive acts) |
| Defendant |
Docket Report
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This docket was last retrieved on February 6, 2024. A more recent docket listing may be available from PACER.
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Filing 106
ORDER CLOSING DISCOVERY AND SETTING DISPOSITIVE MOTION SCHEDULE granting #104 Motion for closing discovery and setting the dispositive motion schedule re: #104 CONSENT MOTION STIPULATED MOTION TO CLOSE DISCOVERY AND SET DISPOSITIVE MOTION SCHEDULE . It is hereby ORDERED as follows: 1. Expert disclosures shall be served on the parties no later than February 11, 2022. 2. Fact and expert discovery shall close on March 11, 2022. 3. Dispositive motions shall be filed no later than April 8, 2022. The time periods set forth in Local Rule 6.1 (b) shall apply to the filing of any opposition and reply affidavits, memoranda, or other papers. 4. Memoranda of law in support of or in opposition to dispositive motions shall not exceed forty (40 pages, double-spaced, and reply memoranda shall not exceed 20 pages, double-spaced. So Ordered. (Signed by Judge Lewis A. Kaplan on 2/28/22) (yv)
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Set/Reset Deadlines: Expert Discovery due by 3/11/2022. Fact Discovery due by 3/11/2022. Motions due by 4/8/2022. (yv)
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Filing 105
STIPULATED MOTION TO CLOSE DISCOVERY AND SET DISPOSITIVE MOTION SCHEDULE: In support thereof, the parties agree as follows: 1. The parties agree that expert disclosures shall be served on the parties no later than February 11, 2022. 2. The parties agree that fact and expert discove1y shall close on March 11, 2022. 3. The parties agree that the deadline for filing dispositive motions shall be April 8, 2022, and that the time limitations set forth in Local Rule 6.l(b) shall apply for the filing of any opposition and reply affidavits, memoranda, and other papers. 4. The parties agree that any memoranda of law in support of or in opposition to dispositive motion shall not exceed forty (40) pages, double-spaced, and that any reply memoranda shall not exceed 20 pages, donble-spaced. Wherefore, based on the foregoing, the parties respectfully request that this stipulation be granted. A proposed order has been filed herewith. (And as further set forth herein.) SO ORDERED. (Expert Discovery due by 3/11/2022., Fact Discovery due by 3/11/2022., Motions due by 4/8/2022.) (Signed by Judge Lewis A. Kaplan on 2/8/2022) (jca)
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Filing 104
CONSENT MOTION STIPULATED MOTION TO CLOSE DISCOVERY AND SET DISPOSITIVE MOTION SCHEDULE . Document filed by Federal Trade Commission. (Attachments: #1 Text of Proposed Order).(Ashe, Gregory)
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Filing 103
NOTICE of Affidavit of Acknowledgment of Service of Final Order by Tzvi Reich. Document filed by Federal Trade Commission..(Ashe, Gregory)
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Filing 102
STIPULATED ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT AS TO DEFENDANTS RAM CAPITAL FUNDING LLC AND TZVI REICH. IT IS THEREFORE ORDERED that Settling Defendants, whether acting directly or indirectly, are permanently restrained and enjoined from: A. Advertising, marketing, promoting, offering, providing, arranging for, assisting any Consumer in receiving or applying for, or collecting or attempting to collect payment or other consideration in connection with, any Covered Product or Service; B. Assisting others engaged in advertising, marketing, promoting, offering, providing, arranging for, assisting any Consumer in receiving or applying for, or collecting or attempting to collect payment or other consideration in connection with, any Covered Product or Service; or C. Participating in any Debt Collection Activities. IT IS FURTHER ORDERED that Settling Defendants, Settling Defendants' officers, agents, employees, and attorneys, and all others in active concert or participation with any of them, who receive actual notice of this Order, whether acting directly or indirectly, in connection with advertising, marketing, promoting, distributing, servicing, offering, or selling any product or service, are permanently restrained and enjoined from misrepresenting, or assisting others in misrepresenting, expressly or by implication: A. Any requirements for obtaining a product or service; B. The existence, amount, or timing of any fees or charges, or the total cost; C. Any benefit of any product or service, including any amount of money a Consumer might receive or obtain; D. What circumstances would constitute a breach of contract; E. That Settling Defendants can participate in any activities banned by Section I of this Order or otherwise prohibited by this Order; F. That a Consumer has a legal obligation to pay any Person; or G. Any other material fact, including any material restrictions, limitations, or conditions; or any material aspect of performance, efficacy, nature, or central characteristics. IT IS FURTHER ORDERED that Settling Defendants, Settling Defendants' officers, agents, employees, and attorneys, and all other persons in active concert or participation with any of them, who receive actual notice of this Order, whether acting directly or indirectly, are permanently restrained and enjoined from causing debits or withdrawals to be made from any Consumer's bank or other financial account, or from billing any Consumer for any charge, without the Consumer's Express, Informed Consent. IT IS FURTHER ORDERED that Settling Defendants, within thirty (30) days of the date of entry of this Order, shall: A. In every case in which a Settling Defendant is or was a plaintiff and in which a customer of any Defendant is or was a defendant, file (i) for pending cases, a motion to dismiss the Settling Defendants claims with prejudice, or (ii) for concluded cases in which a judgment against a customer of any Defendant was entered, a satisfaction of judgment; B. File a termination statement relating to any UCC lien and take all necessary steps to withdraw, extinguish, or remove any other lien where any Settling Defendant is a creditor and any customer of any Defendant is a debtor; and C. For any negative or derogatory information or Debt owed or purported to be owed by any customer that Settling Defendants reported or caused to be reported to a credit reporting agency prior to entry of this Order, Settling Defendants shall request that each such credit reporting agency delete such negative or derogatory information or Debt from the customer's credit reporting file. IT IS FURTHER ORDERED that Settling Defendants, Settling Defendants' officers, agents, employees, and attorneys, and all other persons in active concert or participation with any of them, who receive actual notice of this Order, whether acting directly or indirectly, are hereby permanently restrained and enjoined from: A. Obtaining or attempting to obtain customer information of a financial institution (including but not limited to bank account routing number, account number, and log-in credentials) from a Consumer by making false, fictitious, or fraudulent statements or representations to any Consumer or financial institution; or B. Violating the Gramm-Leach-Bliley Act, 15 U.S.C. 6801-6809, 6821-6827. Judgment in the amount of Six Hundred and Seventy-Five Thousand Dollars ($675,000.00) is entered in favor of the FTC against Settling Defendants, jointly and severally, pursuant to Section 19 of the FTC Act, 15 U.S.C. 57b, for Settling Defendants violations of Section 521 of the GLB Act; B. Settling Defendants are ordered to pay to the Commission Six Hundred and Seventy-Five Thousand Dollars ($675,000.00), which, as Defendants stipulate, their undersigned counsel holds in escrow for no purpose other than payment to the Commission. Such payment must be made within 7 days of entry of this Order by electronic fund transfer in accordance with instructions previously provided by a representative of the Commission. Settling Defendants relinquish dominion and all legal and equitable right, title, and interest in all assets transferred pursuant to this Order and may not seek the return of any assets. B. The facts alleged in the Complaint will be taken as true, without further proof, in any subsequent civil litigation by or on behalf of the FTC, including in a proceeding to enforce its rights to any payment or monetary judgment pursuant to Section VI.A of this Order, such as a nondischargeability complaint in any bankruptcy case and as further set forth in this Judgment. IT IS FURTHER ORDERED that Settling Defendants, Settling Defendants' officers, agents, employees, and attorneys, and all other persons in active concert or participation with any of them, who receive actual notice of this Order are permanently restrained and enjoined from directly or indirectly: A. Failing to provide sufficient customer information to enable the FTC to efficiently administer Consumer redress. If a representative of the FTC requests in writing any information related to redress, Settling Defendants must provide it, in the form prescribed by the FTC, within 14 days; B. Disclosing, using, or benefitting from customer information, including the name, address, telephone number, email address, social security number, other identifying information, or any data that enables access to a customer's account (including a credit card, bank account, or other financial account), that any Settling Defendant obtained prior to entry of this Order in connection with the offering of small business funding products; and Failing to destroy such customer information in all forms in their possession, custody, or control within 30 days after receipt of written direction to do so from a representative of the FTC and as further set forth in this Judgment. IT IS FURTHER ORDERED that Settling Defendants make timely submissions to the FTC: A. One year after entry of this Order, each Settling Defendant must submit a compliance report, sworn under penalty of perjury and as further set forth in this Judgment. IT IS FURTHER ORDERED that Settling Defendants must create certain records for 10 years after entry of the Order, and retain each such record for 5 years. Specifically, the Corporate Settling Defendant and the Individual Settling Defendant for any business that such Defendant, individually or collectively with any other Defendants, is a majority owner or controls directly or indirectly, must create and retain the following records and as further set forth in this Judgment. IT IS FURTHER ORDERED that this Court retain jurisdiction of this matter for purposes of construction, modification and enforcement of this Order. So Ordered. (Signed by Judge Lewis A. Kaplan on 1/6/22) (yv)
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Filing 101
SETTLEMENT AGREEMENT STIPULATED ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT AS TO DEFENDANTS RAM CAPITAL FUNDING LLC AND TZVI REICH. Document filed by Federal Trade Commission..(Ashe, Gregory)
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Filing 100
NOTICE OF APPEARANCE by Julia Emmet Heald on behalf of Federal Trade Commission..(Heald, Julia)
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Filing 99
ORDER granting #98 Motion to Stay re: #98 CONSENT MOTION to Stay Case For 120 Days To Consider Settlement Agreement As To Defendants Ram Capital Funding LLC and Tzvi Reich. (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 98
CONSENT MOTION to Stay Case For 120 Days To Consider Settlement Agreement As To Defendants Ram Capital Funding LLC and Tzvi Reich. Document filed by Federal Trade Commission. (Attachments: #1 Text of Proposed Order).(Moeller, Marguerite)
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Filing 97
ORDER denying without prejudice #91 Motion to Strike document #91 MOTION to Strike Defendants' Affirmative Defenses. filed by Federal Trade Commission from the record. Accordingly, the motion to strike affirmative defenses [Dkt. 91] is denied without prejudice to raising the same questions on a motion for summary judgment or a Rule 50 or 52 motion at the close of proof. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/18/2021) (rj)
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Filing 96
FIRST MEMORANDUM OF LAW in Opposition re: #91 MOTION to Strike Defendants' Affirmative Defenses. . Document filed by Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC..(Casagrande, David)
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Filing 95
FIRST MEMORANDUM OF LAW in Opposition re: #91 MOTION to Strike Defendants' Affirmative Defenses. . Document filed by Jonathan Braun(individually)..(Baratta, Joseph)
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Filing 94
MEMORANDUM OF LAW in Opposition re: #91 MOTION to Strike Defendants' Affirmative Defenses. . Document filed by Ram Capital Funding, LLC, Tzvi Reich(individually)..(Terenzi, Ronald)
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Filing 93
PROPOSED STIPULATION AND ORDER. Document filed by Jonathan Braun(individually)..(Baratta, Joseph)
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Filing 92
MEMORANDUM OF LAW in Support re: #91 MOTION to Strike Defendants' Affirmative Defenses. . Document filed by Federal Trade Commission..(Moeller, Marguerite)
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Filing 91
MOTION to Strike Defendants' Affirmative Defenses. Document filed by Federal Trade Commission. (Attachments: #1 Text of Proposed Order).(Moeller, Marguerite)
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Filing 90
ANSWER to #84 Amended Complaint,, with JURY DEMAND. Document filed by Jonathan Braun(individually)..(Baratta, Joseph)
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Filing 89
ANSWER to #84 Amended Complaint,, #83 Amended Complaint,, with JURY DEMAND., ANSWER to #84 Amended Complaint,, #83 Amended Complaint,, with JURY DEMAND. Document filed by Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC..(Varbero, Anthony)
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Filing 88
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC..(Varbero, Anthony)
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Filing 87
ANSWER to #84 Amended Complaint,, with JURY DEMAND. Document filed by Ram Capital Funding, LLC, Tzvi Reich(individually)..(Terenzi, Ronald)
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Filing 86
ORDER granting #85 Motion to Withdraw as Attorney. Attorney Ioana Rusu Gorecki terminated (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 85
MOTION for Ioana Rusu Gorecki to Withdraw as Attorney for the FTC. Document filed by Federal Trade Commission. (Attachments: #1 Text of Proposed Order).(Moeller, Marguerite)
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Filing 84
FIRST AMENDED COMPLAINT amending #83 Amended Complaint,, #1 Complaint, against Jonathan Braun(individually), Jonathan Braun(de facto owner and an officer or manager of RCG Advances, LLC), Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC, Ram Capital Funding, LLC, Tzvi Reich(individually), Tzvi Reich(an owner and officer of Ram Capital Funding LLC, and as a manager of RCG Advances, LLC).Document filed by Federal Trade Commission. Related document: #83 Amended Complaint,, #1 Complaint,. (Attachments: #1 Exhibit Order granting motion for leave to file amended complaint).(Ashe, Gregory)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gregory Ashe to RE-FILE Document No. #83 Amended Complaint,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. List the full caption of the pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (gp)
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Filing 83
FILING ERROR - DEFICIENT DOCKET ENTRY - PDF ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against Jonathan Braun(individually), Jonathan Braun(de facto owner and an officer or manager of RCG Advances, LLC), Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC, Ram Capital Funding, LLC, Tzvi Reich(individually), Tzvi Reich(an owner and officer of Ram Capital Funding LLC, and as a manager of RCG Advances, LLC).Document filed by Federal Trade Commission. Related document: #1 Complaint,. (Attachments: #1 Exhibit Order granting motion for leave to file amended complaint).(Ashe, Gregory) Modified on 6/10/2021 (gp).
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Filing 82
MEMO ENDORSEMENT on re: #76 MOTION to Amend/Correct FTCS NOTICE OF MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT. filed by Federal Trade Commission. ENDORSEMENT: Motion Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/8/2021) (rj)
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Filing 81
LETTER addressed to Judge Lewis A. Kaplan from Ronald M. Terenzi dated June 7, 2021 re: Join in opposition filed by counsel for defendants, RCG Advances, LLC and Robert Giardina to Plaintiff's Motion for Leave to File a First Amended Complaint. Document filed by Ram Capital Funding, LLC, Tzvi Reich(individually)..(Terenzi, Ronald)
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Filing 80
FIRST MEMORANDUM OF LAW in Opposition re: #76 MOTION to Amend/Correct FTCS NOTICE OF MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT. DEFENDANT RCG ADVANCES, LLC AND ROBERT GIARDINAS MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT. Document filed by Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC..(Varbero, Anthony)
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Filing 79
PROPOSED STIPULATION AND ORDER. Document filed by Jonathan Braun(individually)..(Baratta, Joseph)
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Filing 78
DECLARATION of FTC Counsel Gregory Ashe in Support re: #76 MOTION to Amend/Correct FTCS NOTICE OF MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT.. Document filed by Federal Trade Commission..(Ashe, Gregory)
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Filing 77
MEMORANDUM OF LAW in Support re: #76 MOTION to Amend/Correct FTCS NOTICE OF MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT. . Document filed by Federal Trade Commission..(Ashe, Gregory)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gregory A. Ashe to RE-FILE Document #76 MOTION to Amend/Correct FTCS NOTICE OF MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 76
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct FTCS NOTICE OF MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT. Document filed by Federal Trade Commission. (Attachments: #1 FTCS MEMORANDUM IN SUPPORT OF ITS MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT, #2 Exhibit 1 - Declaration of FTC Counsel in Support of Motion for Leave to Amend, #3 Text of Proposed Order).(Ashe, Gregory) Modified on 5/27/2021 (ldi).
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Filing 75
LETTER addressed to Judge Lewis A. Kaplan from Federal Trade Commission dated 5/11/2021 re: Defendants' Request for Settlement Conference. Document filed by Federal Trade Commission..(Moeller, Marguerite)
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Filing 74
FIRST LETTER addressed to Judge Lewis A. Kaplan from Jeremy M. Iandolo dated 05/09/2021 re: Section 13(b) of FTC. Document filed by Robert L Giardina(individually), RCG Advances, LLC..(Iandolo, Jeremy)
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Filing 73
ORDER ADMITTING COUNSEL PRO HAC VICE granting #7 AMENDED MOTION for Michael D. White to Appear Pro Hac Vice Clarifying that Michael D. White Is Not A Member of the Washington State Bar. (Signed by Judge Lewis A. Kaplan on 3/24/2021) (jca)
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Filing 72
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Federal Trade Commission..(Moeller, Marguerite)
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Filing 71
ORDER granting #70 Motion for Scott Marcus Noel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 70
FIRST MOTION for Scott Marcus Noel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24151765. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Laredo Pain Consultants, Inc., Eliel N. Ntakirutimana. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Order Granting Motion for Admission Pro Hac Vice of Scott M. Noel).(Noel, Scott)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #70 FIRST MOTION for Scott Marcus Noel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24151765. 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 69
NOTICE OF APPEARANCE by Gregory A. Ashe on behalf of Federal Trade Commission..(Ashe, Gregory)
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Filing 68
ORDER granting #67 Motion for Gregory A Ashe to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #67 MOTION for Gregory A. Ashe to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 67
MOTION for Gregory A. Ashe to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Trade Commission. (Attachments: #1 Affidavit, #2 Appendix Virginia Certificates of Good Standing, #3 Appendix DC Certificate of Good Standing, #4 Text of Proposed Order).(Ashe, Gregory)
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Filing 66
STIPULATION AND ORDER PERMITTING THE PARTIES TO TAKE DEPOSITIONS BY REMOTE MEANS: It is hereby ORDERED that depositions in this action shall conform to the following provisions and procedures: The parties are hereby authorized to notice and take Remote Depositions of the parties pursuant to Fed. R. Civ. P. 30(b)(4) and Local R. Civ. P. 30.2, and of non-parties pursuant to Fed. R. Civ. P. 45. "Remote Means" shall mean procedures for taking depositions by (a) telephone, or (b) video-conferencing platforms that allow for the deponent, the deponent's counsel, Plaintiffs counsel, Defendants' counsel, the court reporter, and videographer to participate in the deposition without attending the deposition in-person. All depositions in this action shall be noticed to proceed, and shall proceed, by remote means unless the witness and all parties agree in advance that the deposition shall proceed in person. This Order shall be provided to any non-party witness or such non-party witness's counsel concurrently with the service of any subpoena that notices a non-party deposition to be taken by Remote Means. This Order shall remain in effect until withdrawn by the Court upon a determination that the public health emergency surrounding the COVID-19 pandemic has ended and that it is safe and advisable for the parties to return to in-person discovery. All persons attending depositions taken pursuant to this Order shall ensure that they can do so in a space that is relatively free from distractions that would inhibit the course of the deposition. With respect to Defendant Jonathan Braun, it is understood and agreed by all parties that any deposition of Defendant Braun will be subject to compliance with all of the rules and regulations as made and provided by the Federal Bureau of Prisons (Otisville, New York). (And as further set forth herein.) SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/18/2020) (jca)
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Filing 65
PROPOSED STIPULATION AND ORDER. Document filed by Federal Trade Commission..(Gorecki, Ioana)
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Filing 64
ANSWER to #1 Complaint, with JURY DEMAND. Document filed by RCG Advances, LLC..(Iandolo, Jeremy)
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Filing 63
ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC)..(Iandolo, Jeremy)
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Filing 62
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC..(Iandolo, Jeremy)
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Filing 61
MEMO ENDORSEMENT denying #41 Motion to Dismiss. ENDORSEMENT: Motion DENIED substantially for reasons states in Plaintiff's memorandum. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/30/2020) (jca)
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Filing 60
ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Jonathan Braun(individually)..(Baratta, Joseph)
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Filing 59
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jonathan Braun(individually)..(Baratta, Joseph)
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Filing 58
NOTICE OF APPEARANCE by Arthur Louis Aidala on behalf of Jonathan Braun(individually)..(Aidala, Arthur)
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Filing 57
NOTICE OF APPEARANCE by Jeremy M Iandolo on behalf of Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC..(Iandolo, Jeremy)
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Filing 56
FIRST MEMORANDUM OF LAW in Opposition re: #51 MOTION to Compel RCG Advances LLC and Robert Giardina to Respond to Discovery Requests and Provide Initial Disclosures . DEFENDANT RCG ADVANCES LLC, RAM CAPITAL FUNDING, AND ROBERT GIARDINAS COUNSELS SUBMISSION IN OPPOSITION TO THE IMPOSITION OF SANCTIONS. Document filed by Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Varbero, Anthony)
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Filing 55
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/23/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 54
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/23/2020 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/20/2020. Redacted Transcript Deadline set for 10/30/2020. Release of Transcript Restriction set for 12/28/2020..(McGuirk, Kelly)
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Filing 53
ORDER granting #51 MOTION to Compel RCG Advances LLC and Robert Giardina to Respond to Discovery Requests and Provide Initial Disclosures. Plaintiffs motion to compel discovery [DI 51] is granted in all respects. Defendants RCG Advances, LLC and Robert Giardina ( collectively, "Defendants") shall produce their initial disclosures pursuant to Rule 26 and respond to plaintiffs interrogatories and document requests, in each case no later than October 1, 2020. Defendants shall respond to plaintiffs requests for admissions no later than October 12, 2020. Defendants' objections to the motion are without merit and are overruled. As Defendants' failure to make Rule 26 disclosures and to respond to plaintiffs interrogatories and document requests was not substantially justified, and as they have had an opportunity to be heard on the issue, Defendants, on or before October 1, 2020, shall pay to plaintiff the reasonable costs and attorneys' fees incurred in making its motion to compel, which the Court determines to be $2,500. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/23/2020) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Minute Entry for telephonic proceedings held before Judge Lewis A. Kaplan: Motion Hearing held on 9/23/2020 re: #51 MOTION to Compel RCG Advances LLC and Robert Giardina to Respond to Discovery Requests and Provide Initial Disclosures . filed by Federal Trade Commission. The Court granted the FTC's motion to compel. Sanctions against defendant RCG are being considered. Defendant RCG has one week to make a submission to the Court regarding sanctions. (Court Reporter Jennifer Thun) (Mohan, Andrew)
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Filing 52
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from RCG AND ROBERT GIARDINA dated 9/22/2020 re: #51 MOTION to Compel RCG Advances LLC and Robert Giardina to Respond to Discovery Requests and Provide Initial Disclosures . RCG ADVANCES, LLC and ROBERT GIARDINAS OPPOSITION TO PLAINTIFFS MOTION TO COMPEL. Document filed by Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC..(Varbero, Anthony)
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Filing 51
MOTION to Compel RCG Advances LLC and Robert Giardina to Respond to Discovery Requests and Provide Initial Disclosures . Document filed by Federal Trade Commission. (Attachments: #1 Memorandum of Law, #2 Affidavit of Ioana R. Gorecki, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D).(Gorecki, Ioana)
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Filing 50
FIRST REPLY MEMORANDUM OF LAW in Support re: #41 MOTION to Dismiss . DEFENDANT RCG ADVANCES LLC, RAM CAPITAL FUNDING, AND ROBERT GIARDINAS MEMORANDUM OF LAW IN REPLY TO THE PLAINTIFFS OPPOSITION TO THE MOTION TO DISMISS. Document filed by Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC..(Varbero, Anthony)
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Filing 49
ORDER granting #48 Letter Motion for Extension of Time to Answer. (Signed by Judge Lewis A. Kaplan on 9/10/2020) (Kaplan, Lewis)
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Filing 48
LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis A. Kaplan from ARTHUR AIDALA dated 09/10/2020. Document filed by Jonathan Braun(individually). (Attachments: #1 Exhibit BOP Press Release).(Baratta, Joseph)
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Filing 47
NOTICE OF APPEARANCE by Joseph Peter Baratta, Sr on behalf of Jonathan Braun(individually)..(Baratta, Joseph)
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Filing 46
ORDER denying #31 FIRST MOTION to Stay re: #30 FIRST LETTER MOTION to Seal an Order to Show Cause for a temporary restraining order. The motion of defendants RCG Advances LLC, Ram Capital Funding LLC, and Robert Giardina to stay this action [DI 31] is denied, substantially for the reasons set forth in the memorandum of the Federal Trade Commission [DI 34]. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/7/2020) (jca)
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Filing 45
NOTICE OF APPEARANCE by Joseph Alexander Baratta on behalf of Jonathan Braun(individually)..(Baratta, Joseph)
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Filing 44
MEMORANDUM OF LAW in Opposition re: #41 MOTION to Dismiss . . Document filed by Federal Trade Commission..(Gorecki, Ioana)
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Filing 43
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/14/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 42
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/14/2020 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/14/2020. Redacted Transcript Deadline set for 9/24/2020. Release of Transcript Restriction set for 11/23/2020..(McGuirk, Kelly)
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Filing 41
MOTION to Dismiss . Document filed by Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC. (Attachments: #1 Declaration of Anthony Varbero, #2 Exhibit MCA Agreement, #3 Exhibit Confession of Judgment, #4 Memorandum of Law).(Casagrande, David)
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Filing 40
ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Ram Capital Funding, LLC, Tzvi Reich(individually)..(Terenzi, Ronald)
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Filing 39
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ram Capital Funding, LLC, Tzvi Reich(individually)..(Terenzi, Ronald)
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Filing 38
Memo Endorsement denying #30 Letter Motion to Seal dated 8/12/2020. Application denied for the reasons stated on the record during a telephonic argument earlier today. The Clerk shall make all filings to date in this action available on the public record. (Signed by Judge Lewis A. Kaplan on 8/14/2020) (Mohan, Andrew) Modified on 8/20/2020 (Mohan, Andrew).
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Filing 37
ORDER denying #31 Motion for TRO; granting in part and denying in part #31 Motion for Order to Show Cause; with respect to #31 Motion to Stay. Insofar as the application seeks a TRO, it is denied for reasons stated on the record today. The proposed order to s ow cause is denied but it will be treated as a motion in the ordinary course which, in light of the parties' agreement, is deemed submitted on the paper and argument already filed and held. The sealing and protective relief sought by the motion is denied. The extension of time ought by the motion is granted to the extent that defendants' time to answer or move with respect to the complaint is extended to and including August 21, 2020, and otherwise denied. The remaining issue on the motion is whether the Court should stay this action pending possible criminal proceedings. The Court takes that aspect of the motion under submission. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/14/2020) (jca) (Main Document 37 replaced on 8/14/2020) (jca).
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Filing 36
FIRST REPLY MEMORANDUM OF LAW in Support re: #31 FIRST MOTION for Temporary Restraining Order staying this action pursuant to F.R.C.P. Rules.FIRST MOTION for Order to Show Cause e)Granting Defendants Giardina and RCG an extension of time to file dispositive motions, responsive pleadings, motions for discovery and discovery until after the instant application is decided and/or to stayFIRST MOTION to Stay re: #30 FIRST LETTER MOTION to Seal an Order to Show Cause for a temporary restraining order addressed to Judge Lewis A. Kaplan from Robert Giardina dated 8.12.2020. ., #30 FIRST LETTER MOTION to Seal an Order to Show Cause for a temporary restraining order addressed to Judge Lewis A. Kaplan from Robert Giardina dated 8.12.2020. CORRECTED WITH EXHIBIT ATTACHMENT. Document filed by Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC. (Attachments: #1 Exhibit NY AG Petition).(Varbero, Anthony)
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Filing 35
FIRST REPLY MEMORANDUM OF LAW in Support re: #31 FIRST MOTION for Temporary Restraining Order staying this action pursuant to F.R.C.P. Rules.FIRST MOTION for Order to Show Cause e)Granting Defendants Giardina and RCG an extension of time to file dispositive motions, responsive pleadings, motions for discovery and discovery until after the instant application is decided and/or to stayFIRST MOTION to Stay re: #30 FIRST LETTER MOTION to Seal an Order to Show Cause for a temporary restraining order addressed to Judge Lewis A. Kaplan from Robert Giardina dated 8.12.2020. ., #30 FIRST LETTER MOTION to Seal an Order to Show Cause for a temporary restraining order addressed to Judge Lewis A. Kaplan from Robert Giardina dated 8.12.2020. . Document filed by Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), Ram Capital Funding, LLC..(Varbero, Anthony)
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Filing 34
MEMORANDUM OF LAW in Opposition re: #31 FIRST MOTION for Temporary Restraining Order staying this action pursuant to F.R.C.P. Rules.FIRST MOTION for Order to Show Cause e)Granting Defendants Giardina and RCG an extension of time to file dispositive motions, responsive pleadings, motions for discovery and discovery until after the instant application is decided and/or to stayFIRST MOTION to Stay re: #30 FIRST LETTER MOTION to Seal an Order to Show Cause for a temporary restraining order addressed to Judge Lewis A. Kaplan from Robert Giardina dated 8.12.2020. . . Document filed by Federal Trade Commission..(Gorecki, Ioana)
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference held on 8/14/2020. The 8/12/2020 letter motion filed by counsel for defendant RCG Advances is denied. The time for defendant RCG to answer or move is extended to 8/21/2020. The Court did not issue a TRO. (Court Reporter Rose Prater) (Mohan, Andrew)
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Set/Reset Deadlines: Robert L Giardina(individually) answer due 8/21/2020; Robert L Giardina(as an owner and officer of RCG Advances, LLC) answer due 8/21/2020; RCG Advances, LLC answer due 8/21/2020; Ram Capital Funding, LLC answer due 8/21/2020. (jca)
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Filing 33
ORDER denying #28 MOTION to Dismiss and Affidavit in Support of Motion to Dismiss. This action charges defendants wit continuing violations of Section 5 of the Federal Trade Commission Act (the "Act") in connection with defendants small business financing activities. It alleges unfair and deceptive practices in the sale of products and services and in collection activities. It seeks a permanent injunction and various forms of consumer redress. Defendants Ram Capital Funding LL and Tzvi Reich (the "Reich Defendants") move, pursuant to Fed. R. Civ. P. 12(b)(6). to dismiss the complaint. The motion is supported by an affidavit of Mr. Reich, which takes direct issue with key factual allegations of the complaint, which was filed only a short time ago. Unfortunately, the Reich Defendants have briefed their motion essentially on the premise that this is an action for fraud governed by New York common law, which it is not. They have failed to address the different legal standards that apply under Section 5 of the Act. Their other arguments lack merit. Accordingly, the motion to dismiss is denied. (And as further set forth herein.) SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/13/2020) (jca)
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Filing 32
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Ioana Gorecki dated 08/13/2020 re: #30 FIRST LETTER MOTION to Seal an Order to Show Cause for a temporary restraining order addressed to Judge Lewis A. Kaplan from Robert Giardina dated 8.12.2020. . Document filed by Federal Trade Commission..(Gorecki, Ioana)
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Filing 31
***SELECTED PARTIES***FIRST MOTION for Temporary Restraining Order staying this action pursuant to F.R.C.P. Rules., FIRST MOTION for Order to Show Cause e)Granting Defendants Giardina and RCG an extension of time to file dispositive motions, responsive pleadings, motions for discovery and discovery until after the instant application is decided and/or to stay is vacated., FIRST MOTION to Stay re: #30 FIRST LETTER MOTION to Seal an Order to Show Cause for a temporary restraining order addressed to Judge Lewis A. Kaplan from Robert Giardina dated 8.12.2020. . Document filed by Ram Capital Funding, LLC, Tzvi Reich(individually), Robert L Giardina(individually), Jonathan Braun(individually), RCG Advances, LLC, Tzvi Reich(an owner and officer of Ram Capital Funding LLC, and as a manager of RCG Advances, LLC), Robert L Giardina(as an owner and officer of RCG Advances, LLC), Federal Trade Commission, Jonathan Braun(de facto owner and an officer or manager of RCG Advances, LLC). (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Exhibit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit)Motion or Order to File Under Seal: #30 .(Varbero, Anthony)
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Filing 30
FIRST LETTER MOTION to Seal an Order to Show Cause for a temporary restraining order addressed to Judge Lewis A. Kaplan from Robert Giardina dated 8.12.2020. Document filed by Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC..(Varbero, Anthony)
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Filing 29
MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss and Affidavit in Support of Motion to Dismiss. . Document filed by Ram Capital Funding, LLC, Tzvi Reich(individually)..(Terenzi, Ronald)
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Filing 28
FILING ERROR - DEFICIENT DOCKET ENTRY - (SUPPORTING DOCUMENTS TO BE FILED SEPARATELY) - MOTION to Dismiss and Affidavit in Support of Motion to Dismiss. Document filed by Ram Capital Funding, LLC, Tzvi Reich(individually). (Attachments: #1 Exhibit Merchant Cash Advance Agreement).(Terenzi, Ronald) Modified on 8/18/2020 (lb).
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Filing 27
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Federal Trade Commission..(Moeller, Marguerite)
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/1/2020) (tro)
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Set/Reset Deadlines: Jonathan Braun(individually) answer due 9/14/2020; Jonathan Braun(de facto owner and an officer or manager of RCG Advances, LLC) answer due 9/14/2020. (tro)
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Filing 25
LETTER MOTION for Extension of Time addressed to Judge Lewis A. Kaplan from Jeffrey Fleischmann dated July 24, 2020. Document filed by Jonathan Braun(individually)..(Fleischmann, Jeffrey)
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Filing 24
SUMMONS RETURNED EXECUTED. Jonathan Braun(individually) served on 7/8/2020, answer due 7/29/2020; Jonathan Braun(de facto owner and an officer or manager of RCG Advances, LLC) served on 7/8/2020, answer due 7/29/2020. Service was accepted by Jonathan Braun. Document filed by Federal Trade Commission..(Gorecki, Ioana)
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Filing 23
ELECTRONIC SUMMONS ISSUED as to Jonathan Braun(individually), Jonathan Braun(de facto owner and an officer or manager of RCG Advances, LLC)..(jgo)
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Filing 22
REQUEST FOR ISSUANCE OF SUMMONS as to Jonathan Braun, re: #1 Complaint,. Document filed by Federal Trade Commission..(Gorecki, Ioana)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ioana Rusu Gorecki to RE-FILE Document No. #21 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; an Amended Summons can only be requested if a summons has already been issued for the party. 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 summons form PDF. (pne)
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Filing 21
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Jonathan Braun, re: #1 Complaint,. Document filed by Federal Trade Commission..(Gorecki, Ioana) Modified on 6/24/2020 (pne).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ioana Rusu Gorecki to RE-FILE Document No. #16 Request for Issuance of Summons. The filing is deficient for the following reason(s): The attorney infomation was omitted from the PDF. 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 20
WAIVER OF SERVICE RETURNED EXECUTED. Ram Capital Funding, LLC waiver sent on 6/10/2020, answer due 8/10/2020. Document filed by Ram Capital Funding, LLC..(Harvey, Thomas)
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Filing 19
WAIVER OF SERVICE RETURNED EXECUTED. Tzvi Reich(individually) waiver sent on 6/10/2020, answer due 8/10/2020. Document filed by Tzvi Reich(individually)..(Harvey, Thomas)
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Filing 18
NOTICE OF APPEARANCE by Thomas Alton Harvey on behalf of Ram Capital Funding, LLC..(Harvey, Thomas)
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Filing 17
NOTICE OF APPEARANCE by Thomas Alton Harvey on behalf of Tzvi Reich(individually)..(Harvey, Thomas)
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Filing 16
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jonathan Braun, re: #1 Complaint,. Document filed by Federal Trade Commission..(Gorecki, Ioana) Modified on 6/23/2020 (dnh).
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Filing 15
WAIVER OF SERVICE RETURNED EXECUTED. Robert L Giardina(individually) waiver sent on 6/15/2020, answer due 8/14/2020; Robert L Giardina(as an owner and officer of RCG Advances, LLC) waiver sent on 6/15/2020, answer due 8/14/2020. Document filed by Federal Trade Commission..(Gorecki, Ioana)
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Filing 14
WAIVER OF SERVICE RETURNED EXECUTED. RCG Advances, LLC waiver sent on 6/15/2020, answer due 8/14/2020. Document filed by Federal Trade Commission..(Gorecki, Ioana)
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Filing 13
NOTICE OF APPEARANCE by David C. Casagrande on behalf of Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC..(Casagrande, David)
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Filing 12
NOTICE OF APPEARANCE by Anthony Varbero on behalf of Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC..(Varbero, Anthony)
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Filing 11
NOTICE OF APPEARANCE by Anthony Varbero on behalf of Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC..(Varbero, Anthony)
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Filing 10
NOTICE OF APPEARANCE by Marguerite Moeller on behalf of Federal Trade Commission..(Moeller, Marguerite)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 AMENDED MOTION for Michael D. White to Appear Pro Hac Vice Clarifying that Michael D. White Is Not A Member of the Washington State Bar. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filing 9
ORDER granting #4 Motion for Marguerite L.Moeller to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 8
ORDER granting #3 Motion for Iona R Gorecki to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 7
AMENDED MOTION for Michael D. White to Appear Pro Hac Vice Clarifying that Michael D. White Is Not A Member of the Washington State Bar. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Trade Commission. (Attachments: #1 Affidavit (Corrected) In Support of Pro Hac Vice Motion, #2 Exhibit DC and VA Certificates of Good Standing, #3 Text of Proposed Order Proposed Order).(Gorecki, Ioana) Modified on 6/15/2020 (ad). The applicant submitted a certificate from the VA Bar and states he inactive in VA Supreme.
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ioana Rusu Gorecki. The party information for the following party/parties has been modified: Ram Capital Funding, LLC; Tzvi Reich; Tzvi Reich. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ioana Rusu Gorecki. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
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Magistrate Judge Debra C. Freeman 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
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Case Designated ECF. (jgo)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3 MOTION for Ioana R. Gorecki to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Marguerite L. Moeller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #5 MOTION for Michael D. White 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): missing Certificate of Good Standing from Washington State Supreme Court;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad)
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Filing 6
AFFIDAVIT of /Proposed Order in Support re: #3 MOTION for Ioana R. Gorecki to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Federal Trade Commission..(Gorecki, Ioana)
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Filing 5
FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Michael D. White to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Trade Commission. (Attachments: #1 Affidavit In Support of Pro Hac Vice Motion, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Proposed Order).(Gorecki, Ioana) Modified on 6/12/2020 (ad).
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Filing 4
MOTION for Marguerite L. Moeller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Trade Commission. (Attachments: #1 Affidavit In Support of Pro Hac Vice Motion, #2 Certificate of Good Standing - DC, #3 Certificate of Good Standing - IL, #4 Proposed Order).(Gorecki, Ioana)
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Filing 3
MOTION for Ioana R. Gorecki to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Trade Commission. (Attachments: #1 Affidavit In Support of Pro Hac Vice Motion, #2 Appendix Certificate of Good Standing - DC, #3 Appendix Certificate of Good Standing - VA).(Gorecki, Ioana)
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Filing 2
CIVIL COVER SHEET filed..(Gorecki, Ioana)
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Filing 1
COMPLAINT against Jonathan Braun(individually), Jonathan Braun(de facto owner and an officer or manager of RCG Advances, LLC), Robert L Giardina(individually), Robert L Giardina(as an owner and officer of RCG Advances, LLC), RCG Advances, LLC, Ram Capital Funding, LLC, Tzvi Reich(individually), Tzvi Reich(an owner and officer of Ram Capital Funding LLC, and as a manager of RCG Advances, LLC). Document filed by Federal Trade Commission..(Gorecki, Ioana)
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