EMA Financial, LLC v. AppTech Corp.
| EMA Financial, LLC |
| AppTech Corp. |
| 1:2021cv06049 |
| July 14, 2021 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.
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Filing 67
MANDATE of USCA (Certified Copy) as to #55 Notice of Cross Appeal, filed by EMA Financial, LLC, #56 Notice of Cross Appeal, filed by EMA Financial, LLC USCA Case Number 22-3198. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 4/27/2023. (tp)
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Transmission of USCA Mandate/Order to the District Judge re: #67 USCA Mandate. (tp)
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Filing 66
MANDATE of USCA (Certified Copy) as to #53 Notice of Appeal, filed by AppTech Corp. USCA Case Number 22-3170. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/25/2023..(nd)
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Filing 65
SATISFACTION OF JUDGMENT re: #54 Judgment on Attorney Fees,,,, entered In favor of EMA Financial, LLC Against AppTech Corp. in the amount of $23,993.70. Judgment satisfied on 4/25/2023.. Document filed by EMA Financial, LLC..(nd)
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Filing 64
SATISFACTION OF JUDGMENT re: #49 Clerk's Judgment entered In favor of EMA Financial, LLC Against AppTech Corp. Judgment satisfied on 4/25/2023.. Document filed by EMA Financial, LLC..(nd)
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Filing 63
PROPOSED FULL SATISFACTION OF JUDGMENT. Satisfaction of Judgment to be Mailed by the Court. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 62
PROPOSED FULL SATISFACTION OF JUDGMENT. Satisfaction of Judgment to be Mailed by the Court. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED SATISFACTION OF JUDGMENT: Notice to Attorney Jeffrey Fleischmann. RE-FILE Document No. #60 Proposed Satisfaction of Judgment,. The filing is deficient for the following reason(s): the proposed satisfaction of judgment is not notarized; Re-file the document using the event type Proposed Satisfaction of Judgment found under the event list Proposed Orders - select the correct filer/filers - attach the correct signed PDF that lists the following - the correct entry date of the judgment, the correct name of the party(ies) the judgment is in favor of, the correct name of the party(ies) the judgment is against, the correct amount of the judgment - and is notarized. (nd)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED SATISFACTION OF JUDGMENT: Notice to Attorney Jeffrey Fleischmann. RE-FILE Document No. #61 Proposed Satisfaction of Judgment,. The filing is deficient for the following reason(s): the proposed satisfaction of judgment is not notarized; Re-file the document using the event type Proposed Satisfaction of Judgment found under the event list Proposed Orders - select the correct filer/filers - attach the correct signed PDF that lists the following - the correct entry date of the judgment, the correct name of the party(ies) the judgment is in favor of, the correct name of the party(ies) the judgment is against, the correct amount of the judgment - and is notarized. (nd)
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Filing 61
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED FULL SATISFACTION OF JUDGMENT. Satisfaction of Judgment to be Mailed by the Court. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/25/2023 (nd).
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Filing 60
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED FULL SATISFACTION OF JUDGMENT. Satisfaction of Judgment to be Mailed by the Court. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/25/2023 (nd).
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Filing 59
ORDER of USCA (Certified Copy) as to #53 Notice of Appeal, filed by AppTech Corp., #56 Notice of Cross Appeal, filed by EMA Financial, LLC. USCA Case Number 22-3170 (L) 22-3198 (XAP). The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/10/2023..(nd)
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Filing 58
SUPERSEDEAS BOND # 800145196 in the amount of $ 26,634.00 posted by AppTech Corp. approved on 1/17/2023. (tp)
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Filing 57
SUPERSEDEAS BOND # 800145195 in the amount of $ 1,300,372.00 posted by AppTech Corp. approved on 1/17/2023. (tp) (Main Document 57 replaced on 1/17/2023) (tp).
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Filing 56
NOTICE OF CROSS APPEAL from #47 Memorandum & Opinion,,, #40 Memorandum & Opinion, #49 Clerk's Judgment,,,. Document filed by EMA Financial, LLC. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A - September 13, 2022 Opinion and Order, #2 Exhibit B - December 1, 2022 Opinion and Order, #3 Exhibit C - December 8, 2022 Judgment).(Fleischmann, Jeffrey)
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Filing 55
FILING ERROR - WRONG ORDER SELECTED FOR APPEAL - NOTICE OF CROSS APPEAL from #47 Memorandum & Opinion,,, #40 Memorandum & Opinion,. Document filed by EMA Financial, LLC. Filing fee $ 505.00, receipt number ANYSDC-27105851. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A - September 13, 2022 Opinion and Order, #2 Exhibit B - December 1, 2022 Opinion and Order, #3 Exhibit C - December 8, 2022 Judgment).(Fleischmann, Jeffrey) Modified on 12/19/2022 (tp).
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Filing 54
CLERK'S JUDGMENT FOR ATTORNEY'S FEES in favor of EMA Financial, LLC against AppTech Corp. in the amount of $23,993.70. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memo Endorsed Order dated December 15, 2022, in this Courts previous Opinion and Order dated September 13, 2022, Dkt. No. 40, this Court granted Plaintiff's motion for attorneys' fees pending final resolution of the total damages award. On November 21, 2022, this Court issued an Opinion and Order determining the total damages award to which Plaintiff is entitled. Dkt. No. 47. The Court has determined that the Plaintiff's attorneys' fees, and the time spent as evidenced by the attached invoices, to be reasonable. In addition to the judgments outlined in the conclusion of the November 21, 2022 Opinion and Order, id. at 18, judgment is entered in favor of Plaintiff and against Defendant in the amount of $23,993.70, representing reasonable attorneys' fees related to the prosecution of this case. (Signed by Clerk of Court Ruby Krajick on 12/19/2022) (Attachments: #1 Right to Appeal) (km)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Jeffrey Fleischmann to RE-FILE Document No. #55 Notice of Cross Appeal. The filing is deficient for the following reason(s): not all of the mentioned documents being appealed were selected. Re-file the appeal using the event type Notice of Cross Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed - Do Not Pay Appeal Fee Again. (tp)
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Terminate Transcript Deadlines (km)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #56 Notice of Cross Appeal, filed by EMA Financial, LLC were transmitted to the U.S. Court of Appeals. (tp)
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Appeal Fee Paid electronically via Pay.gov: for #56 Notice of Cross Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-27105851, paid on 12/19/2022. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #56 Notice of Cross Appeal. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #53 Notice of Appeal,..(nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #53 Notice of Appeal, filed by AppTech Corp. were transmitted to the U.S. Court of Appeals..(nd)
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Filing 53
NOTICE OF APPEAL from #47 Memorandum & Opinion,,, #40 Memorandum & Opinion,. Document filed by AppTech Corp.. Filing fee $ 505.00, receipt number ANYSDC-27095053. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Kolod, Alexandra)
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Filing 52
NOTICE OF APPEARANCE by Alexandra Pearl Kolod on behalf of AppTech Corp...(Kolod, Alexandra)
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Filing 51
NOTICE OF APPEARANCE by Alexandra Pearl Kolod on behalf of AppTech Corp...(Kolod, Alexandra)
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Filing 50
MEMO ENDORSEMENT on re: #48 Letter filed by EMA Financial, LLC. ENDORSEMENT: MEMO ENDORSEMENT on re: #48 Letter filed by EMA Financial, LLC. ENDORSEMENT: In this Court's previous Opinion and Order dated September 13, 2022, Dkt. No. 40, this Court granted Plaintiff's motion for attorneys' fees pending final resolution of the total damages award. On November 21, 2022, this Court issued an Opinion and Order determining the total damages award to which Plaintiff is entitled. Dkt. No. 47. The Court has determined that the Plaintiff's attorneys' fees, and the time spent as evidenced by the attached invoices, to be reasonable. In addition to the judgments outlined in the conclusion of the November 21, 2022 Opinion and Order, id. at 18, the Clerk of Court is directed to enter judgment in favor of Plaintiff and against Defendant in the amount of $23,993.70, representing reasonable attorneys' fees related to the prosecution of this case. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/14/2022) (va) Transmission to Orders and Judgments Clerk for processing.
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Filing 49
CLERK'S JUDGMENT re: #47 Memorandum & Opinion: That pursuant to the Court's Opinion and Order dated December 1, 2022, judgment is entered in the amount of$1,027,870.07, plus prejudgment interest accruing at a rate of24% per annum on a principal amount of$299,935.34 between June 14, 2021 and the date that final judgment is entered of $106,892.02, plus prejudgment interest accruing at a rate of 5% and the Federal Reserve Discount Rate per annum, to be adjusted as the Federal Reserve Discount Rate adjusts, on a principal amount of $427,999.39 between July 15, 2021 and the date that final judgment is entered of $36,743.45 for a total amount of $1,171,505.54. (Signed by Clerk of Court Ruby Krajick on 12/8/2022) (Attachments: #1 Notice of Right to Appeal) (ml)
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Filing 48
LETTER addressed to Judge Lewis J. Liman from Jeffrey Fleischmann dated December 2, 2022 re: Attorney's fees. Document filed by EMA Financial, LLC. (Attachments: #1 Exhibit 1 - Invoices).(Fleischmann, Jeffrey)
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Filing 47
OPINION AND ORDER: The Clerk of Court is directed to enter judgment in the amount of $1,027,870.07, plus prejudgment interest accruing at a rate of 24% per annum on a principal amount of $299,935.34 between June 14, 2021 and the date that final judgment is entered, plus prejudgment interest accruing at a rate of 5% and the Federal Reserve Discount Rate per annum, to be adjusted as the Federal Reserve Discount Rate adjusts, on a principal amount of $427,999.39 between July 15, 2021 and the date that final judgment is entered. EMA shall submit additional briefing on the reasonable attorneys' fees and costs to which it is entitled by December 5, 2022. See Dkt. No. 40 at 40. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/1/2022) (tg) Transmission to Orders and Judgments Clerk for processing.
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Filing 46
LETTER addressed to Judge Lewis J. Liman from Jeffrey Fleischmann dated November 21, 2022 re: in reply regarding damages. Document filed by EMA Financial, LLC. (Attachments: #1 Exhibit A - APCX, T1 Default Sum - 2022-11-17 (using DE Statutory Rate - Note), #2 Exhibit B - APCX, T1 Default Sum - 2022-11-17 (using DE Statutory Rate - Warrants)).(Fleischmann, Jeffrey)
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Filing 45
LETTER addressed to Judge Lewis J. Liman from G. Oliver Koppell dated November 8, 2022 re: Damages. Document filed by AppTech Corp.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D).(Koppell, Gabriel)
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Filing 44
LETTER addressed to Judge Lewis J. Liman from Jeffrey Fleischmann dated October 28, 2022 re: Supplemental Submission Regarding Damages Calculation. Document filed by EMA Financial, LLC. (Attachments: #1 Exhibit A (Note Interest Calculation), #2 Exhibit B (DE Interest Calculation), #3 Exhibit C (Default Interest Calculation), #4 Exhibit D (DE Interest Calculation on Warrant Damages)).(Fleischmann, Jeffrey)
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Filing 43
ORDER: Plaintiff shall file supplemental briefing by October 28, 2022 on its election of damages under Section 3.20 of the Note and its total calculation of damages. In its supplemental briefing, Plaintiff shall explain how it reached the final damages figure, in accordance with the findings of the Court in the September 13, 2022 Opinion and Order, and in similar detail as its letter submitted to the Court on September 8, 2022, Dkt. No. 39. Defendant shall file its response by November 8, 2022. Plaintiff shall file its reply by November 22, 2022. The parties are ordered to meet and confer to attempt to narrow the issues before the Court. And as set forth herein. SO ORDERED., ( Motions due by 10/28/2022., Responses due by 11/8/2022, Replies due by 11/22/2022.) (Signed by Judge Lewis J. Liman on 10/12/2022) (ama)
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Filing 42
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 9/6/2022 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 41
TRANSCRIPT of Proceedings re: ARGUMENT held on 9/6/2022 before Judge Lewis J. Liman. Court Reporter/Transcriber: Alena Lynch, (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 10/25/2022. Redacted Transcript Deadline set for 11/4/2022. Release of Transcript Restriction set for 1/2/2023..(McGuirk, Kelly)
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Filing 40
OPINION AND ORDER re: #17 FIRST MOTION to Dismiss the Complaint, filed by AppTech Corp., #11 MOTION for Summary Judgment, filed by EMA Financial, LLC. The motion for summary judgment is GRANTED IN PART and DENIED IN PART. The motion to dismiss is DENIED. The Clerk of Court is respectfully directed to close Dkt. Nos. 11 and 17. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/13/2022) (va)
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Filing 39
LETTER addressed to Judge Lewis J. Liman from Jeffrey Fleischmann dated September 8, 2022 Document filed by EMA Financial, LLC. (Attachments: #1 Exhibit 1 - May 26, 2021 Notice of Conversion, #2 Exhibit 2 - July 12, 2021 Screenshot, #3 Exhibit 3 - Form S-1, #4 Exhibit 4 - Warrant Tracker, #5 Exhibit 5 - Calculations).(Fleischmann, Jeffrey)
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Filing 38
LETTER addressed to Judge Lewis J. Liman from G. Oliver Koppell dated September 8, 2022 re: Defendant's Counter 56.1 Statement. Document filed by AppTech Corp...(Koppell, Gabriel)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Telephonic Oral Argument held on 9/6/2022 in re: [Dkt. No. 11] Motion for Summary Judgment and [Dkt. No. 17] Motion to Dismiss. Jeffrey Fleischmann present by telephone for Plaintiff. Scott Doherty, Gabriel Koppell, and Ruth Jin present by telephone for Defendant. Court reporter present by telephone. The Court heard argument from both parties regarding the pending motion for summary judgment and motion to dismiss. Argument taken under advisement, decision reserved by the Court. (mf)
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Filing 37
ORDER granting #36 Letter Motion to Adjourn Conference. The oral argument scheduled for September 1, 2022 is RESCHEDULED to September 6, 2022 at 4:00 p.m. The argument will take place by telephone. Parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. SO ORDERED. Telephone Conference set for 9/6/2022 at 4:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 8/11/2022) (vfr)
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Filing 36
LETTER MOTION to Adjourn Conference addressed to Judge Lewis J. Liman from Jeffrey Fleischmann dated August 11, 2022. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey)
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Filing 35
ORDER granting #34 Letter Motion to Adjourn Conference. The Oral Argument on the pending motion to dismiss and motion for summary judgment is rescheduled to September 1, 2022 at 11:00AM in Courtroom 15C at the 500 Pearl Street Courthouse. (Oral Argument set for 9/1/2022 at 11:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mf)
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Filing 34
LETTER MOTION to Adjourn Conference addressed to Judge Lewis J. Liman from Jeffrey Fleischmann dated August 3, 2022. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey)
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Set/Reset Hearings: Oral Argument set for 8/25/2022 at 04:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)
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ORDER: The Court will hear oral argument from parties regarding the pending motion to dismiss and motion for summary judgment on August 25, 2022 at 4:00PM. The hearing will be held in-person in Courtroom 15C at the 500 Pearl Street Courthouse. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
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Filing 33
LETTER addressed to Judge Lewis J. Liman from Jeffrey Fleischmann dated January 5, 2022 Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey)
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Filing 32
LETTER addressed to Judge Lewis J. Liman from G. Oliver Koppell dated 1/5/2022 re: SEC v. Fife, et. al.. Document filed by AppTech Corp.. (Attachments: #1 Exhibit Exhibit A - SEC v. Fife, et. al.).(Koppell, Gabriel)
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Filing 31
LETTER addressed to Judge Lewis J. Liman from G. Oliver Koppell dated November 30, 2021 re: Rule 56.1 Statement. Document filed by AppTech Corp...(Koppell, Gabriel)
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Filing 30
LETTER addressed to Judge Lewis J. Liman from Jeffrey Fleischmann dated November 1, 2021 Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jeffrey Fleischmann to RE-FILE Document #29 LETTER MOTION for Conference re: #28 Counter Statement to Rule 56.1 addressed to Judge Lewis J. Liman from Jeffrey Fleischmann dated November 1, 2021. Use the event type Letter found under the event list Other Documents. (ldi)
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Filing 29
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re: #28 Counter Statement to Rule 56.1 addressed to Judge Lewis J. Liman from Jeffrey Fleischmann dated November 1, 2021. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey) Modified on 11/21/2021 (ldi).
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Filing 28
COUNTER STATEMENT TO #15 Rule 56.1 Statement. Document filed by AppTech Corp.. (Attachments: #1 Affidavit Declaration of G. Oliver Koppell in Support of Filing a Late Rule 56.1 Statement).(Koppell, Gabriel)
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Filing 27
REPLY MEMORANDUM OF LAW in Support re: #17 FIRST MOTION to Dismiss the Complaint. . Document filed by AppTech Corp.. (Attachments: #1 Affidavit Declaration of G. Oliver Koppell, #2 Exhibit Exhibit A to Declaration of G. Oliver Koppell).(Koppell, Gabriel)
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Filing 26
REPLY MEMORANDUM OF LAW in Support re: #11 MOTION for Summary Judgment . . Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey)
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Filing 25
MEMORANDUM OF LAW in Opposition re: #11 MOTION for Summary Judgment . . Document filed by AppTech Corp...(Koppell, Gabriel)
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Filing 24
AFFIDAVIT of Jeff Moriarty in Opposition re: #11 MOTION for Summary Judgment .. Document filed by AppTech Corp.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3).(Koppell, Gabriel)
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Filing 23
MEMORANDUM OF LAW in Opposition re: #17 FIRST MOTION to Dismiss the Complaint. . Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey)
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Filing 22
DECLARATION of Jeffrey Fleischmann in Opposition re: #17 FIRST MOTION to Dismiss the Complaint.. Document filed by EMA Financial, LLC. (Attachments: #1 Exhibit A - Complaint).(Fleischmann, Jeffrey)
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Filing 21
LETTER addressed to Judge Lewis J. Liman from G. Oliver Koppell dated 9/17/2021 re: Briefing Schedule. Document filed by AppTech Corp...(Koppell, Gabriel)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 9/15/2021 by Telephone Conference. Jeffrey Fleischmann present by telephone for Plaintiff. Oliver Koppell and Scott Doherty present by telephone for Defendant. Discovery stayed pending decision on the motions. (mf)
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Filing 20
FIRST MEMORANDUM OF LAW in Support re: #17 FIRST MOTION to Dismiss the Complaint. . Document filed by AppTech Corp...(Koppell, Gabriel)
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Filing 19
DECLARATION of G. Oliver Koppell in Support re: #17 FIRST MOTION to Dismiss the Complaint.. Document filed by AppTech Corp.. (Attachments: #1 Exhibit Exhibit 1 to Koppell Dec. pages 1-100, #2 Exhibit Exhibit 1 to Koppell Dec. pages 101-200, #3 Exhibit Exhibit 1 to Koppell Dec. pages 301-400, #4 Exhibit Exhibit 1 to Koppell Dec. pages 401-500, #5 Exhibit Exhibit 1 to Koppell Dec. pages 501-600, #6 Exhibit Exhibit 1 to Koppell Dec. pages 601-700, #7 Exhibit Exhibit 1 to Koppell Dec. pages 701-800, #8 Exhibit Exhibit 1 to Koppell Dec. pages 801-856).(Koppell, Gabriel)
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Filing 18
AFFIDAVIT of Jeff Moriarty in Support re: #17 FIRST MOTION to Dismiss the Complaint.. Document filed by AppTech Corp.. (Attachments: #1 Exhibit Exhibit A to Moriarty Aff., #2 Exhibit Exhibit B to Moriarty Aff., #3 Exhibit Exhibit C to Moriarty Aff., #4 Exhibit Exhibit D to Moriarty Aff.).(Koppell, Gabriel)
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Filing 17
FIRST MOTION to Dismiss the Complaint. Document filed by AppTech Corp...(Koppell, Gabriel)
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Filing 16
PROPOSED SCHEDULING ORDER. Document filed by AppTech Corp...(Koppell, Gabriel)
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Filing 15
RULE 56.1 STATEMENT. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey)
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Filing 14
MEMORANDUM OF LAW in Support re: #11 MOTION for Summary Judgment . . Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey)
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Filing 13
DECLARATION of Jeffrey Fleischmann in Support re: #11 MOTION for Summary Judgment .. Document filed by EMA Financial, LLC. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Affidavit of Service, #3 Exhibit 3 - Notice of Appearance, #4 Exhibit 4 - Invoices).(Fleischmann, Jeffrey)
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Filing 12
DECLARATION of Felicia Preston in Support re: #11 MOTION for Summary Judgment .. Document filed by EMA Financial, LLC. (Attachments: #1 Exhibit A - SPA, #2 Exhibit B - Note, #3 Exhibit C - Warrant, #4 Exhibit D - First July 13, 2021 Notice of Conversion, #5 Exhibit E - Second July 13, 2021 Notice of Conversion, #6 Exhibit F - July 13, 2021 Notice of Exercise, #7 Exhibit G - June 14, 2021 Notice of Conversion, #8 Exhibit H - VWAP).(Fleischmann, Jeffrey)
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Filing 11
MOTION for Summary Judgment . Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey)
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Filing 10
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on September 15, 2021, at 2:00 p.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. IT IS FURTHER ORDERED that, by one week prior to conference, the parties jointly submit to the Court a proposed Case Management Plan and Scheduling Order. A template is available at https://www.nysd.uscourts.gov/hon-lewis-j-liman. This document should be filed electronically on ECF, consistent with the Court's Individual Practices in Civil Cases, which are available on the same webpage. Parties should consult the Individual Practices for guidance on the matters to be discussed at the Initial Pretrial Conference and for the Court's rules with respect to communications with Chambers and other procedural matters. Counsel for Plaintiff is ordered to notify all counsel of this Notice. SO ORDERED. ( Initial Conference set for 9/15/2021 at 02:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 8/17/21) (yv)
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Filing 9
ORDER The extension request at Dkt. No. 8 is GRANTED. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (wt)
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Filing 8
LETTER addressed to Judge Lewis J. Liman from G. Oliver Koppell dated August 5, 2021 re: Request for extension of time to answer, move or otherwise respond with respect to the Complaint. Document filed by AppTech Corp...(Koppell, Gabriel)
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Filing 7
NOTICE OF APPEARANCE by Gabriel Oliver Koppell on behalf of AppTech Corp...(Koppell, Gabriel)
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Filing 6
AFFIDAVIT OF SERVICE of Summons and Complaint. AppTech Corp. served on 7/20/2021, answer due 8/10/2021. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to AppTech Corp...(pc)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to AppTech Corp., re: #1 Complaint. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey Fleischmann. The following case opening statistical information was erroneously selected/entered: Dollar Demand $2,750,000,000; County code Albany;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $2,750,000; the County code has been modified to New York;. (pc)
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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. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(pc)
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Case Designated ECF. (pc)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EMA Financial, LLC..(Fleischmann, Jeffrey)
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Filing 2
CIVIL COVER SHEET filed..(Fleischmann, Jeffrey)
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Filing 1
COMPLAINT against AppTech Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24794336)Document filed by EMA Financial, LLC. (Attachments: #1 Exhibit A - Note, #2 Exhibit B - SPA, #3 Exhibit C - Warrant).(Fleischmann, Jeffrey)
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| Plaintiff: EMA Financial, LLC | |
| Represented By: | Jeffrey Fleischmann |
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| Defendant: AppTech Corp. | |
| Represented By: | Gabriel Oliver Koppell |
| Represented By: | Alexandra Pearl Kolod |
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