Lateral Recovery, LLC et al v. Queen Funding, LLC et al
| Lateral Recovery, LLC, as assignee of Benchmark Builders, Inc., FTE Networks, Inc, Jus-Com LLC, Focus Wireless, LLC and Lateral Recovery, LLC |
| Queen Funding, LLC, Yehuda Klein, John Doe Investors and Jane Doe Investors |
| 1:2021cv09607 |
| November 19, 2021 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Lorna G Schofield |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| None |
Docket Report
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This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.
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Filing 76
MANDATE of USCA (Certified Copy) USCA Case Number 21-9607. Petitioners have filed a petition for a writ of mandamus and request a stay of discovery pending resolution of their petition. Upon due consideration, it is hereby ORDERED that the mandamus petition is DENIED because Petitioners have not demonstrated that they lack an adequate, alternative means of obtaining relief, that their right to the writ is clear and indisputable, and that granting the writ is appropriate under the circumstances. See Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 38081 (2004). It is further ordered that the request for a stay is DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/17/2023..(nd)
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Filing 75
MEMO ENDORSEMENT re: #74 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Shane Heskin dated December 29, 2022; denying #73 Letter Motion for Conference re: #73 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 12/27/2022. ENDORSEMENT: For substantially the reasons stated in this letter, Defendants' application at Dkt. No. 73 is DENIED. For the purposes of discovery, the Complaint sufficiently pleads on its face that FTE, Benchmark, Jus-Com and Focus are Plaintiffs in this action. Defendants may re-raise any arguments about which Plaintiffs, if any, are proper in their anticipated motion. While the Order at Dkt. No. 59 directed Defendants to file their motion to dismiss by January 5, 2023, Magistrate Judge Lehrburger extended the fact discovery deadline, along with all subsequent deadlines, by four months. As such, the briefing schedule as set forth at Dkt. No. 59 is hereby also extended by four months. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 73. (Signed by Judge Lorna G. Schofield on 1/3/2023) (tg)
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Filing 74
LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Shane Heskin dated December 29, 2022 re: #73 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 12/27/2022. . Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Corey, Alex)
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Filing 73
LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 12/27/2022. Document filed by Yehuda Klein, Queen Funding, LLC. (Attachments: #1 Exhibit A).(Weinstein, Jacob)
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Filing 72
ORDER: Accordingly, even though attorney-client privilege does not ordinarily follow assignment of an asset, the privileged communications at issue here are protected from waiver by common legal interest. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 12/27/2022) (mml)
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Filing 71
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Shane Heskin dated December 23, 2022 re: Response to Defendants' December 19, 2022 Letter [DE 68]. Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Corey, Alex)
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Filing 70
ORDER re: #68 Letter, filed by Yehuda Klein, Queen Funding, LLC, #67 Order on Motion for Discovery. By order dated December 8, 2022 (Dkt. 67), the deadline for Plaintiff to file any response to Defendant's December 19, 2002 letter at Dkt. 68 was December 22, 2022. No response appears on the docket. The Court sua sponte extends the time for Plaintiff to file any response to December 27, 2022. If Plaintiff does not file a response, the Court will resolve the issue on the present record. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/23/2022) Copies transmitted this date to all counsel of record. (kv)
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Filing 69
NOTICE OF APPEARANCE by Alex David Corey on behalf of FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Corey, Alex)
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Filing 68
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Defendants' Counsel dated 12/19/2022 re: Plaintiffs assertion of attorney-client privilege over FTEs communication. Document filed by Yehuda Klein, Queen Funding, LLC. (Attachments: #1 Exhibit A (Strict Forclosure), #2 Exhibit B (profit sharing agreement)).(Weinstein, Jacob)
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Filing 67
ORDER granting #60 Letter Motion for Discovery. The fact discovery deadline is extended by 4 months. All subsequent deadlines are extended commensurately. The Clerk of Court is respectfully requested to close the letter motion at Dkt. 60. (Signed by Magistrate Judge Robert W. Lehrburger on 12/8/2022) Copies Sent By Chambers. (ate)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Discovery Hearing held on 12/8/2022 at 10:00 a.m. (rsh)
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***DELETED DOCUMENT. Deleted document number #67 Order. The document was incorrectly filed in this case. (ate)
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Filing 66
NOTICE of Hearing: Discovery Hearing set for 12/8/2022 at 10:00 AM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via Microsoft Teams. The public may dial in to the teleconference number at (646)-453-4442, and enter access code 3615011#. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
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Filing 65
LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Shane Heskin dated December 2, 2022 re: #60 FIRST LETTER MOTION for Discovery conference in accordance with Local Rule 37.2 and the Courts Individual Rule II (B)(2) addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 11/23/22. Plaintiffs Lateral Recovery LLC, as assignee of FTE Networks, Inc., Benchmark Builders, Inc., Jus-Com LLC and Focus Wireless, LLC respectfully submit this letter in response to Defendants' Queen Funding, LLC and Yehuda Klein's November 23 and 29, 2022 pre-motion letter for a protective order and to raise discovery issues [DE 60 and 62]. Plaintiffs also submit this letter for leave to bring a motion to compel the production of discovery Defendants have wrongfully withheld and/or spoliated and to request a 60-day extension of all outstanding discovery deadlines.. Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC. (Attachments: #1 Exhibit Exhibit A - Defendants' Privilege Log).(Heskin, Shane)
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Filing 64
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge Lorna G. Schofield on 11/30/2022) (mml)
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Filing 63
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Shane Heskin dated November 30, 2022 re: #60 FIRST LETTER MOTION for Discovery conference in accordance with Local Rule 37.2 and the Courts Individual Rule II (B)(2) addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 11/23/22. In the interest of judicial economy, Plaintiffs respectfully ask that they be allowed to submit one five-page letter on December 2, 2022, to address both of Defendants' letters of November 23 and 29, 2022 [DE 60 and 62] and to make their own affirmative application for relief as it pertains to discovery issues in this matter. Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Heskin, Shane)
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Filing 62
LETTER addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 11/29/22 re: Update regarding additional discovery disputes. Document filed by Yehuda Klein, Queen Funding, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Weinstein, Jacob)
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Filing 61
ORDER with respect to #60 Letter Motion for Discovery. Plaintiff shall file a response, not to exceed three pages, by December 2, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 11/28/2022) (tg)
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Set/Reset Deadlines: Responses due by 12/2/2022 (tg)
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Filing 60
FIRST LETTER MOTION for Discovery conference in accordance with Local Rule 37.2 and the Courts Individual Rule II (B)(2) addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 11/23/22. Document filed by Yehuda Klein, Queen Funding, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Weinstein, Jacob)
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Filing 59
MEMO ENDORSEMENT on re: #58 Letter, filed by Yehuda Klein, Queen Funding, LLC. ENDORSEMENT: Defendants shall file their motion, with a memorandum of law, by January 5, 2023. Plaintiff shall file any opposition by January 19, 2023. Defendants shall file any reply by January 27, 2023. The parties shall comply with the Court's Individual Rules in filing their motion and supporting papers. Although the motion is one to dismiss for lack of subject matter jurisdiction, the Complaint sufficiently pleads subject matter jurisdiction on its face, and Judge Liman's opinion is suggestive precedent that the motion is not meritorious, which is sufficient basis to proceed with and complete discovery. The parties are reminded that the Court does not routinely extend discovery deadlines and are encouraged to schedule depositions to ensure meeting the December 22, 2022, fact discovery deadline. So Ordered. ( Motions due by 1/5/2023., Responses due by 1/19/2023, Replies due by 1/27/2023.) (Signed by Judge Lorna G. Schofield on 11/15/2022) (tg)
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Filing 58
LETTER addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 11/09/2022 re: Plaintiff's Opposition (Doc. No 57) to Defendant's Letter Re Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(h)(3). Document filed by Yehuda Klein, Queen Funding, LLC..(Weinstein, Jacob)
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Filing 57
LETTER addressed to Judge Lorna G. Schofield from Shane R. Heskin dated November 8, 2022 re: Letter Response (DE 55). Document filed by Lateral Recovery, LLC..(Heskin, Shane)
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Filing 56
MEMO ENDORSEMENT on re: #55 Letter, filed by Yehuda Klein, Queen Funding, LLC. ENDORSEMENT: Plaintiffs shall file a response, not to exceed three pages, by November 8, 2022. SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/1/2022) (kv)
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Filing 55
LETTER addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 10/31/2022 re: Per Your Honor's Individual Rule III C.2: Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(h)(3). Document filed by Yehuda Klein, Queen Funding, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Weinstein, Jacob)
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Filing 54
ORDER: WHEREAS, a pre-motion conference was held on October 26, 2022, at 4:00 P.M. It is hereby ORDERED that, as discussed at the conference, if Defendants file a motion for summary judgment now, prior to the close of discovery, they shall waive their right to file other summary judgment motions. If and when such motion is filed, a briefing schedule will issue. It is further ORDERED that Defendants' request to stay discovery pending the resolution of such motion is DENIED. (Signed by Judge Lorna G. Schofield on 10/27/2022) (ks)
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Filing 53
JOINT LETTER addressed to Judge Lorna G. Schofield from Shane Heskin dated October 24, 2022 re: Parties Joint Status Letter in Accordance With the CMP [DE 39] and Your Honor's Individual Rule IV.A.2. Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Heskin, Shane)
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Filing 52
ORDER granting #48 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Defendants' Counsel dated September 21, 2022. The parties shall appear for a pre-motion conference on October 26, 2022, at 4:00 P.M., by dialing 888-363-4749 and using access code 558-3333. The parties shall proceed with discovery in the meantime. Discovery will not be extended except in extraordinary circumstances. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 48. Telephone Conference set for 10/26/2022 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/6/2022) (mml)
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Filing 51
LETTER REPLY to Response to Motion addressed to Judge Shira A. Scheindlin from Defendants' Counsel dated 09/30/2022 re: #48 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Defendants' Counsel dated September 21, 2022. . Document filed by Yehuda Klein, Queen Funding, LLC..(Weinstein, Jacob)
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Filing 50
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Shane Heskin dated September 30, 2022 re: #48 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Defendants' Counsel dated September 21, 2022. . Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Heskin, Shane)
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Filing 49
ORDER with respect to #48 Letter Motion for Conference re: #48 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Defendants' Counsel dated September 21, 2022. Plaintiffs shall file a responsive letter, not to exceed three pages, by September 30, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 9/23/2022) (tg)
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Set/Reset Deadlines: Responses due by 9/30/2022 (tg)
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Filing 48
LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Defendants' Counsel dated September 21, 2022. Document filed by Yehuda Klein, Queen Funding, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Weinstein, Jacob)
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Filing 47
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... The parties are advised that the Court retains discretion as to whether to afford confidential treatment to redacted information in Orders and Opinions. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/15/2022) (tg)
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Filing 46
PROPOSED PROTECTIVE ORDER. Document filed by Yehuda Klein, Queen Funding, LLC..(Weinstein, Jacob)
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Filing 45
MEMO ENDORSEMENT on re: #42 LETTER MOTION for Conference re: #36 Memorandum & Opinion,, seeking leave for interlocutory appeal addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 8/4/2022. filed by Yehuda Klein, Queen Funding, LLC ENDORSEMENT: The application for certification is DENIED for substantially the reasons stated in Plaintiffs' letter at Docket No. 44. (Signed by Judge Lorna G. Schofield on 8/15/2022) (ks)
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Filing 44
LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Shane Heskin dated August 12, 2022 re: #42 LETTER MOTION for Conference re: #36 Memorandum & Opinion,, seeking leave for interlocutory appeal addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 8/4/2022. . Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Heskin, Shane)
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Filing 43
ORDER granting in part and denying in part #42 Letter Motion for Conference re: #42 LETTER MOTION for Conference re: #36 Memorandum & Opinion,, seeking leave for interlocutory appeal addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 8/4/2022. Application DENIED in part. The request for a stay of discovery pending appeal is denied. Parties shall proceed. Discovery will not be extended except in extraordinary circumstances. Plaintiff shall file a responsive letter, not to exceed three pages, by August 12, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 8/5/2022) (tg)
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Set/Reset Deadlines: Responses due by 8/12/2022 (tg)
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Filing 42
LETTER MOTION for Conference re: #36 Memorandum & Opinion,, seeking leave for interlocutory appeal addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 8/4/2022. Document filed by Yehuda Klein, Queen Funding, LLC. (Attachments: #1 Exhibit Notice of Motion, #2 Exhibit Memorandum of Law, #3 Exhibit A to Memo of Law, #4 Exhibit B to Memo of Law, #5 Exhibit C to Memo of Law, #6 Exhibit D to Memo of Law).(Weinstein, Jacob)
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Filing 41
ANSWER to #1 Complaint,. Document filed by Yehuda Klein, Queen Funding, LLC..(Weinstein, Jacob)
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Filing 40
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Queen Funding, LLC..(Weinstein, Jacob)
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Filing 39
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. Joinder of Parties due by 9/30/2022. Deposition due by 12/22/2022. Fact Discovery due by 12/22/2022. Expert Discovery due by 2/5/2023. Telephone Conference set for 2/22/2023 at 05:00 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (Signed by Judge Lorna G. Schofield on 7/29/2022) (mml)
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Filing 38
PROPOSED CASE MANAGEMENT PLAN. Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Heskin, Shane)
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Filing 37
LETTER addressed to Judge Lorna G. Schofield from Shane R. Heskin dated July 27, 2022 re: We submit this letter along with the attached Proposed Case Management Plan pursuant to the Court's instructions in the Opinion and Order dated July 20, 2022 [Doc. No. 36]. Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC. (Attachments: #1 Text of Proposed Order Proposed Case Management Plan).(Heskin, Shane)
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Filing 36
OPINION AND ORDER re: #19 MOTION to Dismiss (notice of motion) - refiled filed by Yehuda Klein, Queen Funding, LLC. For the foregoing reasons, Defendants' motion to dismiss is DENIED. The stay of discovery is lifted. By July 27, 2022, the parties shall file a proposed case management plan as outlined in the Court's Individual Rules. The Clerk of Court is respectfully directed to close the motions at Dkt. No. 19 and 34. (Signed by Judge Lorna G. Schofield on 7/20/2022) (vfr)
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Filing 35
MEMO ENDORSEMENT on NOTICE OF SUPPLEMENTAL AUTHORITY IN FURTHER OPPOSITION TO DEFENDANTS' MOTION TO DISMISS on re: #33 Notice (Other), filed by Jus-Com LLC, Focus Wireless, LLC, Lateral Recovery, LLC, FTE Networks, Inc ENDORSEMENT: The parties shall make no further filings regarding the motion to dismiss. So Ordered. (Signed by Judge Lorna G. Schofield on 6/16/2022) (ks)
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Filing 34
MOTION to Strike Document No. #33 . Document filed by Yehuda Klein, Queen Funding, LLC..(Weinstein, Jacob)
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Filing 33
NOTICE of Supplemental Authority In Further Opposition To Defendants' Motion To Dismiss re: #22 Memorandum of Law in Opposition to Motion. Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC. (Attachments: #1 Exhibit Exhibit A - June 6, 2022 Opinion and Order Re: Fleetwood Services, LLC v. Ram Capital Funding, LLC, et al., United States District Court for the Southern District of New York No. 20-cv-5120).(Heskin, Shane)
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Filing 32
ORDER: granting #29 Letter Motion to Stay re: #29 LETTER MOTION to Stay re: #21 Memorandum of Law in Support of Motion, #28 Reply Memorandum of Law in Support of Motion, #26 Response to Motion, #22 Memorandum of Law in Opposition to Motion, #20 Affirmation in Support of Motion, #23 Aff. Application GRANTED. Defendants' motion to stay discovery is granted substantially for the reasons in this letter. (Signed by Judge Lorna G. Schofield on 3/15/2022) (ama)
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Filing 31
LETTER RESPONSE in Support of Motion addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 03/14/2022 re: #29 LETTER MOTION to Stay re: #21 Memorandum of Law in Support of Motion, #28 Reply Memorandum of Law in Support of Motion, #26 Response to Motion, #22 Memorandum of Law in Opposition to Motion, #20 Affirmation in Support of Motion, #23 Aff . Document filed by Yehuda Klein, Queen Funding, LLC..(Weinstein, Jacob)
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Filing 30
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Shane Heskin dated 3/8/2022 re: #29 LETTER MOTION to Stay re: #21 Memorandum of Law in Support of Motion, #28 Reply Memorandum of Law in Support of Motion, #26 Response to Motion, #22 Memorandum of Law in Opposition to Motion, #20 Affirmation in Support of Motion, #23 Aff . Document filed by Lateral Recovery, LLC..(Heskin, Shane)
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Filing 29
LETTER MOTION to Stay re: #21 Memorandum of Law in Support of Motion, #28 Reply Memorandum of Law in Support of Motion, #26 Response to Motion, #22 Memorandum of Law in Opposition to Motion, #20 Affirmation in Support of Motion, #23 Affirmation in Opposition to Motion, #19 MOTION to Dismiss (notice of motion) - refiled., #25 Memorandum of Law in Opposition to Motion, Notice to Attorney to Re-File Document - Deficient Docket Entry Error,, stay discovery pending outcome of Motion to Dismiss addressed to Judge Lorna G. Schofield from Jacob Weinstein (Defendants' Counsel) dated March 7, 2022. Document filed by Yehuda Klein, Queen Funding, LLC..(Weinstein, Jacob)
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Filing 28
REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss (notice of motion) - refiled., #18 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Yehuda Klein, Queen Funding, LLC. (Attachments: #1 Declaration of Adam Weissman).(Weinstein, Jacob)
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Filing 27
ORDER denying as moot #24 Letter Motion for Leave to File Excess Pages. Plaintiffs' memorandum of law in opposition of Defendants' motion to dismiss filed at Dkt. No. 25 is received in the record nunc pro tunc as timely filed. Defendants' motion to strike is DENIED as moot. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 24. So Ordered. (Signed by Judge Lorna G. Schofield on 3/4/2022) (vfr)
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Filing 26
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Shane Heskin dated 2/24/22 re: #24 LETTER MOTION for Leave to File Excess Pages or to Strike excess pages in Plaintiff's Opposition Doc No. 22 addressed to Judge Lorna G. Schofield from Jacob Weinstein (Defendant's Counsel) dated February 24, 2022. . Document filed by Lateral Recovery, LLC..(Heskin, Shane)
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Filing 25
MEMORANDUM OF LAW in Opposition re: #19 MOTION to Dismiss (notice of motion) - refiled. . Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Heskin, Shane)
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Filing 24
LETTER MOTION for Leave to File Excess Pages or to Strike excess pages in Plaintiff's Opposition Doc No. 22 addressed to Judge Lorna G. Schofield from Jacob Weinstein (Defendant's Counsel) dated February 24, 2022. Document filed by Yehuda Klein, Queen Funding, LLC..(Weinstein, Jacob)
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Filing 23
AFFIRMATION of Shane R. Heskin in Opposition re: #19 MOTION to Dismiss (notice of motion) - refiled.. Document filed by Lateral Recovery, LLC. (Attachments: #1 Exhibit Kennard trial court opinion, #2 Exhibit Kennard appellate brief, #3 Exhibit Kennard appellate decision).(Heskin, Shane)
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Filing 22
MEMORANDUM OF LAW in Opposition re: #19 MOTION to Dismiss (notice of motion) - refiled. . Document filed by Lateral Recovery, LLC..(Heskin, Shane)
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Filing 21
MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss (notice of motion) - refiled., #18 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). (refiled). Document filed by Yehuda Klein, Queen Funding, LLC..(Weinstein, Jacob)
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Filing 20
AFFIRMATION of Jacob Z. Weinstein, Esq. in Support re: #19 MOTION to Dismiss (notice of motion) - refiled., #18 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Yehuda Klein, Queen Funding, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit C-3, #6 Exhibit C-4, #7 Exhibit C-5, #8 Exhibit C-6, #9 Exhibit C-7, #10 Exhibit D, #11 Exhibit E).(Weinstein, Jacob)
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Filing 19
MOTION to Dismiss (notice of motion) - refiled. Document filed by Yehuda Klein, Queen Funding, LLC..(Weinstein, Jacob)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jacob Weinstein to RE-FILE Document #18 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6).. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). Proposed Order(s) and/or Certificate of Service(s) can be filed with the Motion. (kj)
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Filing 18
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Yehuda Klein, Queen Funding, LLC. Responses due by 2/23/2022 (Attachments: #1 Affirmation in support of Defendants Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit C-3, #7 Exhibit C-4, #8 Exhibit C-5, #9 Exhibit C-6, #10 Exhibit C-7, #11 Exhibit D, #12 Exhibit E, #13 Memorandum of Law In Support of Defendants Motion to Dismiss).(Weinstein, Jacob) Modified on 2/15/2022 (kj).
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Filing 17
MEMO ENDORSEMENT on re: #15 Letter, filed by Jus-Com LLC, Focus Wireless, LLC, Lateral Recovery, LLC, FTE Networks, Inc. ENDORSEMENT: Defendants shall file their motion to dismiss and supporting papers by February 2, 2022. Plaintiffs shall file their opposition by February 23, 2022. Defendants shall file any reply by March 7, 2022. A separate case management plan and scheduling order will issue. So Ordered. ( Motions due by 2/2/2022., Responses due by 2/23/2022, Replies due by 3/7/2022.) (Signed by Judge Lorna G. Schofield on 1/20/2022) (ate)
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Filing 16
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 Days. On 7/13/2022 at 4:00 P.M., a pre-motion conference will be held for any anticipated dispositive motions. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. Amended Pleadings due by 2/18/2022. Joinder of Parties due by 2/18/2022. Deposition due by 5/5/2022. Fact Discovery due by 5/19/2022. Expert Discovery due by 6/30/2022. Telephone Conference set for 7/13/2022 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/20/2022) (ate) Modified on 1/27/2022 (ate).
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Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 1/20/2022. (jcs)
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Filing 15
LETTER addressed to Judge Lorna G. Schofield from Shane Heskin dated January 12, 2022 re: Letter To Judge Schofield in advance of the initial pre-trial conference scheduled for January 19, 2022. Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC. (Attachments: #1 Exhibit Exhibit A - Draft Case Management Plan).(Heskin, Shane)
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Filing 14
LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Shane Heskin dated 1/6/22 re: #12 LETTER MOTION for Conference Pursuant to Your Honors Individual Rules, Rule III(C)(2) addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 12.28.2021. . Document filed by Lateral Recovery, LLC..(Heskin, Shane)
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Filing 13
ORDER with respect to #12 Letter Motion for Conference re: #12 LETTER MOTION for Conference Pursuant to Your Honors Individual Rules, Rule III(C)(2) addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 12.28.2021. Plaintiff shall file a response to this letter by January 6, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 12/29/2021) (jca)
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Set/Reset Deadlines: Responses due by 1/6/2022 (jca)
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Filing 12
LETTER MOTION for Conference Pursuant to Your Honors Individual Rules, Rule III(C)(2) addressed to Judge Lorna G. Schofield from Defendants' Counsel dated 12.28.2021. Document filed by Yehuda Klein, Queen Funding, LLC..(Weinstein, Jacob)
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Filing 11
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Queen Funding, LLC served on 12/15/2021, answer due 1/5/2022. Service was accepted by Nancy Dougherty of the New York Secretary of State on behalf of Queen Funding, LLC. Document filed by Lateral Recovery, LLC; Focus Wireless, LLC; Jus-Com LLC ; FTE Networks, Inc..(Heskin, Shane)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Queen Funding, LLC..(gp)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Queen Funding, LLC c/o New York Secretary of State, re: #1 Complaint,. Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Heskin, Shane)
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Filing 8
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Yehuda Klein served on 12/7/2021, answer due 12/28/2021. Service was accepted by Rena Aroulay. Document filed by Lateral Recovery, LLC; Focus Wireless, LLC; Jus-Com LLC ; FTE Networks, Inc..(Heskin, Shane)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Yehuda Klein..(pc)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Queen Funding, LLC..(pc)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Yehuda Klein, re: #1 Complaint,. Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Heskin, Shane)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Queen Funding, LLC, re: #1 Complaint,. Document filed by FTE Networks, Inc, Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery, LLC..(Heskin, Shane)
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Filing 3
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on January 19, 2022 at 4:00p.m. The parties shall call 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth. DATE AND TIME OF TELEPHONIC CONFERENCE: January 19, 2022 at 4:00p.m. IPTC MATERIALS DUE: January 12, 2022 at noon. (Telephone Conference set for 1/19/2022 at 04:00 PM before Judge Lorna G. Schofield.) Initial Conference set for 1/19/2022 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/2/2021) (mml)
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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. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(sj)
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Magistrate Judge Robert W. Lehrburger 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. (sj)
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Case Designated ECF. (sj)
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Filing 2
CIVIL COVER SHEET filed..(Heskin, Shane)
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Filing 1
COMPLAINT against Jane Doe Investors, John Doe Investors, Yehuda Klein, Queen Funding, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25359548)Document filed by Lateral Recovery, LLC, as assignee of Benchmark Builders, Inc., Focus Wireless, LLC, Jus-Com LLC, FTE Networks, Inc..(Heskin, Shane)
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