Lateral Recovery, LLC, et al v. Capital Merchant Services, LLC et al
| Lateral Recovery, LLC, as assignee of Benchmark Builders, Inc., FTE Networks, Inc, JUS-COM, LLC, Focus Wireless, LLC, Lateral Recovery, LLC and Jus-Com LLC |
| Capital Merchant Services, LLC, Green Capital Funding, LLC, Midnight Capital, LLC, Yitzhak Stern, David Glass, Tsvi Davis, Jane Doe, Investors, John Doe, Investors and Jane and John Doe Investors |
| 1:2021cv09336 |
| November 11, 2021 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 |
| None |
Docket Report
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This docket was last retrieved on December 8, 2022. A more recent docket listing may be available from PACER.
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on February 10, 2022, at 12:00 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. Initial Conference set for 2/10/2022 at 12:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 1/3/2022) (va)
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Filing 6
STIPULATION: IT IS HEREBY STIPULATED BY AND BETWEEN the Plaintiffs, Lateral Recovery LLC, FTE Networks, Inc., Benchmark Builders, Inc., Focus Wireless, LLC, JUS-COM, LLC a/k/a/ Jus-Com, Inc. and the Defendants, Capital Merchant Services, LLC, Green Capital Funding, LLC, Midnight Advance Capital, LLC, David Glass, Tsvi Davis, and Yitzhak Stern: WHEREAS, the Parties have conferred and agreed, without waiving any objections, that: 1. The Amended Arbitration Demand commenced by the Plaintiffs before the American Arbitration Association (Case No. 01-21-0016-9151) is voluntarily discontinued with prejudice as to the right to file for arbitration but without prejudice as to the substantive merits of the claims asserted; 2. The special proceeding to Stay Arbitration, as memorialized by the Parties in a November 10, 2021 Stipulation under Case No. 1:21-cv-08784-LJL, is to be withdrawn as moot; 3. Petitioner's motion to remand is also withdrawn as moot, with each party bearing its own attorney's fees and costs; 4. Defendants agree to accept service of process via email for the Complaint filed by Plaintiffs in the instant matter on November 11, 2021; and 5. Petitioners agree to respond to the Complaint for the instant matter within 60 days of execution of this Stipulation. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/24/2021) (ate)
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Filing 5
PROPOSED STIPULATION AND ORDER. Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Heskin, Shane)
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CASE ACCEPTED AS RELATED. Create association to 1:21-cv-08784-LJL. Notice of Assignment to follow. (aea)
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NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (aea)
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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. (aea)
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Filing 4
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-08784. Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Heskin, Shane)
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CASE REFERRED TO Judge Lewis J. Liman as possibly related to 1:21-cv-08784. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shane R. Heskin. The party information for the following party/parties has been modified: Lateral Recovery, LLC, as assignee of Benchmark Builders, Inc., JUS-COM, LLC, John Doe, Investors, Jane Doe, Investors. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted;party name entered incorrectly. (vf)
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Case Designated ECF. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Shane R. Heskin to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Origin Code Selection Error, Pleading reflects title Complaint.Select the correct Origin Code on form; and The Related Case Number provided differs from Related Case Statement form. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Shane R. Heskin to RE-FILE Document No. #3 Statement of Relatedness. The filing is deficient for the following reason(s): Related Case number Error. The related case number provided on Related Case Statement form and docket entry does not correspond to Civil Cover Sheet. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (vf)
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Filing 3
FILING ERROR - DEFICIENT - ERROR - RELATED CASE AFFIRMATION re: that this action be filed as related to 21-cv-08748. Document filed by FTE Networks, Inc, Focus Wireless, LLC, JUS-COM, LLC, Lateral Recovery, LLC, as assignee of Benchmark Builders, Inc.(Heskin, Shane) Modified on 11/12/2021 (vf).
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Filing 2
FILING ERROR - DEFICIENT- ERROR - CIVIL COVER SHEET filed..(Heskin, Shane) Modified on 11/12/2021 (vf).
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Filing 1
COMPLAINT against Capital Merchant Services, LLC, Tsvi Davis, Jane and John Doe Investors David Glass, Green Capital Funding, LLC, Midnight Capital, LLC, Yitzhak Stern. (Filing Fee $ 402.00, Receipt Number ANYSDC-25321061)Document filed by Jus-Com, LLC, FTE Networks, Inc, Focus Wireless, LLC, Lateral Recovery, LLC, as assignee of Benchmark Builders, Inc.(Heskin, Shane)
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