Newberry et al v. Wijegoonaratna et al
| Kameren Newberry, Brian Newberry, Kameren Newberry as Trustee of the Newberry Family Trust and Brian Newberry as Trustee of the Newberry Family Trust |
| Christiana Trust Company, Michelle Wijegoonaratna, Ball Pond Trust, Steven Lemanski, CLCRKC LLC, AFT Analytics, Inc., Sri Prayal Wijegoonaratna and Ball Pond Capital LLC |
| 1:2021cv02707 |
| March 30, 2021 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 ej |
| None |
Docket Report
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This docket was last retrieved on September 8, 2021. A more recent docket listing may be available from PACER.
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Filing 51
ORDER: granting #50 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/25/2021) (ama)
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| Set/Reset Deadlines: CLCRKC LLC answer due 6/7/2021. (ama) |
| Filing 50 LETTER MOTION for Extension of Time to move, answer, or otherwise respond to Plaintiffs Complaint addressed to Judge Ronnie Abrams from Jack Yoskowitz dated May 24, 2021. Document filed by CLCRKC LLC..(Yoskowitz, Jack) |
| Filing 49 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WSFS Financial Corporation for Christiana Trust Company. Document filed by Christiana Trust Company..(Yan, Huaou) |
| Filing 48 ANSWER to #1 Complaint,. Document filed by Christiana Trust Company..(Yan, Huaou) |
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Filing 47
ORDER granting #46 Motion for Daniel E. Rhynhart to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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| Filing 46 MOTION for Daniel E. Rhynhart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24541938. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ball Pond Trust, Christiana Trust Company..(Rhynhart, Daniel) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #46 MOTION for Daniel E. Rhynhart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24541938. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 45 REQUEST FOR PRODUCTION OF DOCUMENTS.Document filed by Brian Newberry as Trustee of the Newberry Family Trust, Kameren Newberry as Trustee of the Newberry Family Trust, Brian Newberry, Kameren Newberry..(Holman, Thomas) |
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Filing 44
ORDER granting #43 Letter Motion for Extension of Time to Answer re #43 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Ronnie Abrams from Jason B. Levin dated May 6, 2021., #1 Complaint. Application granted. SO ORDERED. AFT Analytics, Inc. answer due 6/7/2021 (Signed by Judge Ronnie Abrams on 5/7/2021) (kv)
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| Filing 43 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Ronnie Abrams from Jason B. Levin dated May 6, 2021. Document filed by AFT Analytics, Inc.. Return Date set for 6/7/2021 at 05:00 PM..(Levin, Jason) |
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Filing 42
ORDER granting #37 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/27/2021) (vfr)
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| Set/Reset Deadlines: CLCRKC LLC answer due 5/24/2021. (vfr) |
| Filing 41 WAIVER OF SERVICE RETURNED EXECUTED. Steven Lemanski waiver sent on 4/23/2021, answer due 6/22/2021. Document filed by Kameren Newberry as Trustee of the Newberry Family Trust; Kameren Newberry; Brian Newberry; Brian Newberry as Trustee of the Newberry Family Trust..(Holman, Thomas) |
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Filing 40
ORDER granting #38 Motion for Joshua E. Truppman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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| Filing 39 ANSWER to #1 Complaint,. Document filed by Ball Pond Capital LLC, Michelle Wijegoonaratna, Sri Prayal Wijegoonaratna..(Truppman, Joshua) |
| Filing 38 MOTION for Joshua E. Truppman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24451787. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ball Pond Capital LLC, Michelle Wijegoonaratna, Sri Prayal Wijegoonaratna. (Attachments: #1 Affidavit Affidavit of J. Truppman Esq, #2 J.Truppman Esq - Certificate of Good Standing, #3 Proposed Order Grant JT Mtn Appear PHV).(Truppman, Joshua) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for Joshua E. Truppman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24451787. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 37 LETTER MOTION for Extension of Time to move, answer, or otherwise respond to Plaintiffs Complaint addressed to Judge Ronnie Abrams from Jack Yoskowitz dated April 23, 2021. Document filed by CLCRKC LLC..(Yoskowitz, Jack) |
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Filing 36
ORDER granting #35 Letter Motion for Extension of Time to Answer re #35 LETTER MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to Plaintiffs' Complaint (ECF 1) addressed to Judge Ronnie Abrams from Huaou Yan dated April 22, 2021., #1 Complaint. Application granted. SO ORDERED. Christiana Trust Company answer due 5/24/2021. (Signed by Judge Ronnie Abrams on 4/23/2021) (kv)
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| Filing 35 LETTER MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to Plaintiffs' Complaint (ECF 1) addressed to Judge Ronnie Abrams from Huaou Yan dated April 22, 2021. Document filed by Christiana Trust Company..(Yan, Huaou) |
| Filing 34 CERTIFICATE OF SERVICE of Order and Notice of Initial Conference served on AFT Analytics, Inc. on 4/16/2021. Service was made by MAIL. Document filed by Brian Newberry as Trustee of the Newberry Family Trust, Kameren Newberry as Trustee of the Newberry Family Trust, Brian Newberry, Kameren Newberry..(Holman, Thomas) |
| Filing 33 CERTIFICATE OF SERVICE of Summons and Complaint,. AFT Analytics, Inc. served on 4/15/2021, answer due 5/6/2021. Service was made by MAIL. Document filed by Kameren Newberry as Trustee of the Newberry Family Trust; Kameren Newberry; Brian Newberry; Brian Newberry as Trustee of the Newberry Family Trust..(Holman, Thomas) |
| Filing 32 ELECTRONIC AMENDED SUMMONS ISSUED as to AFT Analytics, Inc...(pc) |
| Filing 31 AFFIDAVIT OF SERVICE of Summons and Complaint,. CLCRKC LLC served on 4/5/2021, answer due 4/26/2021. Service was accepted by Lynanne Gares, Managing Agent. Document filed by Kameren Newberry as Trustee of the Newberry Family Trust; Kameren Newberry; Brian Newberry; Brian Newberry as Trustee of the Newberry Family Trust..(Holman, Thomas) |
| Filing 30 AFFIDAVIT OF SERVICE of Summons and Complaint,. Ball Pond Trust served on 4/2/2021, answer due 4/23/2021. Service was accepted by Rob Moses, Managing Agent. Document filed by Kameren Newberry as Trustee of the Newberry Family Trust; Kameren Newberry; Brian Newberry; Brian Newberry as Trustee of the Newberry Family Trust..(Holman, Thomas) |
| Filing 29 AFFIDAVIT OF SERVICE of Summons and Complaint,. Christiana Trust Company served on 4/2/2021, answer due 4/23/2021. Service was accepted by Rob Moses, Managing Agent. Document filed by Kameren Newberry as Trustee of the Newberry Family Trust; Kameren Newberry; Brian Newberry; Brian Newberry as Trustee of the Newberry Family Trust..(Holman, Thomas) |
| Filing 28 AFFIDAVIT OF SERVICE of Summons and Complaint,. Ball Pond Capital LLC served on 4/6/2021, answer due 4/27/2021. Service was accepted by Amy Lesch, NYS Secretary of State. Document filed by Kameren Newberry; Brian Newberry..(Holman, Thomas) |
| Filing 27 AFFIDAVIT OF SERVICE of Summons and Complaint,. Michelle Wijegoonaratna served on 4/5/2021, answer due 4/26/2021. Service was accepted by Maria "Smith". Document filed by Kameren Newberry as Trustee of the Newberry Family Trust; Kameren Newberry; Brian Newberry; Brian Newberry as Trustee of the Newberry Family Trust..(Holman, Thomas) |
| Filing 26 AFFIDAVIT OF SERVICE of Summons and Complaint,. Sri Prayal Wijegoonaratna served on 4/5/2021, answer due 4/26/2021. Service was accepted by Maria "Smith". Document filed by Kameren Newberry as Trustee of the Newberry Family Trust; Kameren Newberry; Brian Newberry; Brian Newberry as Trustee of the Newberry Family Trust..(Holman, Thomas) |
| Filing 25 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to AFT Analytics, Inc., re: #1 Complaint,. Document filed by Brian Newberry as Trustee of the Newberry Family Trust, Kameren Newberry as Trustee of the Newberry Family Trust, Brian Newberry, Kameren Newberry..(Holman, Thomas) |
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Filing 24
MEMO ENDORSEMENT on #21 granting MOTION allow alternative method of service re: #1 Complaint. ENDORSEMENT: Application granted. Defendant AFT Analytics, Inc. shall be served by mail at to residence of Defendant Sri Prayal Wijegoonaratna. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/14/2021) (ama)
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| Filing 23 ELECTRONIC SUMMONS ISSUED as to Steven Lemanski..(dnh) |
| Filing 22 CERTIFICATE OF SERVICE of Order and Notice of Initial Confernce served on all Defendants except AFT Analytics on April 13, 2021. Service was made by MAIL. Document filed by Brian Newberry as Trustee of the Newberry Family Trust, Kameren Newberry as Trustee of the Newberry Family Trust, Brian Newberry, Kameren Newberry..(Holman, Thomas) |
| Filing 21 MOTION allow alternative method of service re: #1 Complaint, . Document filed by Brian Newberry as Trustee of the Newberry Family Trust, Kameren Newberry as Trustee of the Newberry Family Trust, Brian Newberry, Kameren Newberry. (Attachments: #1 Exhibit Aff of Process Server, #2 Exhibit NY DOS Registration, #3 Exhibit AFT 1040 Cover Page).(Holman, Thomas) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Steven Lemanski, re: #1 Complaint,. Document filed by Brian Newberry as Trustee of the Newberry Family Trust, Kameren Newberry as Trustee of the Newberry Family Trust, Brian Newberry, Kameren Newberry..(Holman, Thomas) |
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Filing 19
ORDER AND NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that, by June 11, 2021, the parties submit a joint letter, not to exceed five (5) pages, providing the following information in separate paragraphs: as set forth herein. IT IS FURTHER ORDERED that, by June 11, 2021, the parties jointly submit to the Court a proposed case management plan and scheduling order. IT IS FURTHER ORDERED that counsel for all parties appear for an initial status conference on June 18, 2021 at 3:15 p.m. The Court will hold this conference by telephone. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. If Defendants have been properly served and the parties are available to proceed with an initial status conference prior to June 18, 2021, the parties shall notify the Court and propose alternative dates for the conference. Plaintiff is ordered to serve Defendants with a copy of this order and to file an affidavit on ECF certifying that such service has been effectuated. And as set forth herein. SO ORDERED. Initial Conference set for 6/18/2021 at 03:15 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 4/12/2021) (ama)
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| Filing 18 ELECTRONIC SUMMONS ISSUED as to CLCRKC LLC..(pc) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to CLCRKC LLC, re: #1 Complaint,. Document filed by Brian Newberry as Trustee of the Newberry Family Trust, Kameren Newberry as Trustee of the Newberry Family Trust, Brian Newberry, Kameren Newberry..(Holman, Thomas) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to AFT Analytics, Inc...(dnh) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Ball Pond Trust..(dnh) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to AFT Analytics, Inc., re: #1 Complaint,. Document filed by Brian Newberry as Trustee of the Newberry Family Trust, Kameren Newberry as Trustee of the Newberry Family Trust, Brian Newberry, Kameren Newberry..(Holman, Thomas) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Ball Pond Trust, re: #1 Complaint,. Document filed by Brian Newberry as Trustee of the Newberry Family Trust, Kameren Newberry as Trustee of the Newberry Family Trust, Brian Newberry, Kameren Newberry..(Holman, Thomas) |
| Filing 12 CIVIL COVER SHEET filed..(Holman, Thomas) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Sri Prayal Wijegoonaratna..(jgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Michelle Wijegoonaratna..(jgo) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Christiana Trust Company..(jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Ball Pond Capital LLC..(jgo) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Kameren Newberry, Brian Newberry, Brian Newberry as Trustee of the Newberry Family Trust, Kameren Newberry as Trustee of the Newberry Family Trust added. Party added pursuant to #1 Complaint,.Document filed by Kameren Newberry, Brian Newberry, Brian Newberry as Trustee of the Newberry Family Trust, Kameren Newberry as Trustee of the Newberry Family Trust. Related document: #1 Complaint,..(Holman, Thomas) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Thomas Alan Holman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the terminated similar case number is on the wrong section of the PDF. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas Alan Holman re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add parties Brian Newberry and Kameren Newberry each with party text 'as Trustees of the Newberry Family Trust'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas Alan Holman. The party information for the following party/parties has been modified: Brian Newberry; Kameren Newberry; Sri Prayal Wijegoonaratna; Ball Pond Capital LLC; AFT Analytics, Inc.; Michelle Wijegoonaratna; CLCRKC LLC; Christiana Trust Company; Steven Lemanski; Ball Pond Trust. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (jgo) |
| Magistrate Judge Sarah Netburn 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) |
| Case Designated ECF. (jgo) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Christiana Trust Company, re: #1 Complaint,. Document filed by Brian Newberry, Kameren Newberry..(Holman, Thomas) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Ball Pond Capital, LLC, re: #1 Complaint,. Document filed by Brian Newberry, Kameren Newberry..(Holman, Thomas) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Michelle Wijegoonaratna, re: #1 Complaint,. Document filed by Brian Newberry, Kameren Newberry..(Holman, Thomas) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Sri Prayal Wijegoonaratna, re: #1 Complaint,. Document filed by Brian Newberry, Kameren Newberry..(Holman, Thomas) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-7005. Document filed by Brian Newberry, Kameren Newberry..(Holman, Thomas) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Holman, Thomas) Modified on 3/31/2021 (jgo). |
| Filing 1 COMPLAINT against AFT Analytics, Inc., Ball Pond Capital LLC, Ball Pond Trust, CLCRKC LLC, Christiana Trust Company, Steven Lemanski, Michelle Wijegoonaratna, Sri Prayal Wijegoonaratna. (Filing Fee $ 402.00, Receipt Number ANYSDC-24325877)Document filed by Kameren Newberry, Brian Newberry..(Holman, Thomas) |
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