Pioneer GP Limited et al v. Valdez et al
| Pioneer GP Limited and CHAMPLAIN INVESTMENT HOLDINGS LIMITED |
| DARIA VALDEZ a/k/a DARIA PASTOUKHOVA, JASON SWEENEY, Daria Valdez and Daria Pastoukhova |
| 1:2022cv00373 |
| January 14, 2022 |
| U.S. District Court for the Southern District of New York |
| Denise L Cote |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
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Filing 68
NOTICE OF APPEAL from #67 Clerk's Judgment,,, #66 Memorandum & Opinion,,,. Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited. Filing fee $ 505.00, receipt number ANYSDC-28103863. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(West, Martin)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #68 Notice of Appeal, filed by Pioneer GP Limited, Champlain Investment Holdings Limited were transmitted to the U.S. Court of Appeals. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #68 Notice of Appeal. (tp)
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Filing 67
CLERK'S JUDGMENT re: #66 Memorandum & Opinion. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated July 6, 2023, defendants' March 13, 2023 motion to dismiss is granted. The RICO claims are dismissed with prejudice. The Court declines to exercise supplemental jurisdiction over the state law claims, and they are dismissed without prejudice to refiling in state court and without prejudice to any state court addressing the requests that this action be dismissed for lack of personal jurisdiction over the defendants and under the doctrine of forum non conveniens; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/7/2023) (Attachments: #1 Appeal Package) (tp)
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Filing 66
OPINION AND ORDER re: #27 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2), 12(b)(6) as well as on Grounds of Forum Non Conveniens filed by Jason Sweeney, #49 MOTION to Dismiss the First Amended Complaint filed by Jason Sweeney, Daria Valdez. The defendants' March 13, 2023 motion to dismiss is granted. The RICO claims are dismissed with prejudice. The Court declines to exercise supplemental jurisdiction over the state law claims, and they are dismissed without prejudice to refiling in state court and without prejudice to any state court addressing the requests that this action be dismissed for lack of personal jurisdiction over the defendants and under the doctrine of forum non conveniens. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 7/6/2023) (mml) Transmission to Orders and Judgments Clerk for processing.
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Filing 65
NOTICE OF CHANGE OF ADDRESS by Blaise U-Shing Chow on behalf of Champlain Investment Holdings Limited, Pioneer GP Limited. New Address: Kennedys CMK LLP, 570 Lexington Avenue, 8th Floor, New York, New York, United States 10022, (212) 252-0004..(Chow, Blaise)
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Filing 64
CONSENT TO CHANGE ATTORNEY: IT IS HEREBY CONSENTED AND AGREED, that the firm of KENNEDYS CMK LLP, 570 Lexington Avenue, 8th Floor, New York, NY 10022 be substituted as attorneys of record for Plaintiffs, PIONEER GP LIMITED and CHAMPLAIN INVESTMENT HOLDINGS LIMITED, in place and stead of Ropers Majeski P.C., 750 Third Avenue-25th Floor, New York, NY 10017 as of the date hereof, and that this substitution is effective without further notice. This agreement may be executed in counterparts and facsimile and/or electronic signatures shall be deemed an original. So ordered. Attorney Blaise U-Shing Chow and Michael Jacobson terminated. (Signed by Judge Denise L. Cote on 5/11/2023) (vfr)
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Filing 63
NOTICE of Substitution of Attorney. Old Attorney: Blaise U. Chow, New Attorney: Blaise U. Chow, Address: Kennedys CMK LLP, 570 Lexington Avenue, 8th Fl., New York, New York, USA 10022, 646-625-4000. Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited..(Chow, Blaise)
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Filing 62
REPLY MEMORANDUM OF LAW in Support re: #49 MOTION to Dismiss the First Amended Complaint. . Document filed by Daria Valdez, Jason Sweeney..(Cotton, Howard)
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Filing 61
DECLARATION of Martin R. West II in Opposition re: #49 MOTION to Dismiss the First Amended Complaint.. Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited. (Attachments: #1 Exhibit Exhibit 1 - 10 East 63rd Street Inc Department of State Entity Info, #2 Exhibit Exhibit 2 - Sweeney Aff 77, #3 Exhibit Exhibit 3 - Sweeney Aff 113, #4 Exhibit Exhibit 4 - Sweeney Deposition).(West, Martin)
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Filing 60
DECLARATION of Lawrence Edwards in Opposition re: #49 MOTION to Dismiss the First Amended Complaint.. Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited. (Attachments: #1 Exhibit Exhibit 1 - Funding Worksheet).(West, Martin)
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Filing 59
MEMORANDUM OF LAW in Opposition re: #49 MOTION to Dismiss the First Amended Complaint. . Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited..(West, Martin)
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Filing 58
ORDER denying #57 Letter Motion for Extension of Time to File Response/Reply as to #49 MOTION to Dismiss the First Amended Complaint addressed to Judge Denise L. Cote from Blaise U. Chow dated March 27, 2023. Denied. (Signed by Judge Denise L. Cote on 3/30/2023) (vfr)
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Filing 57
LETTER MOTION for Extension of Time to File Response/Reply as to #49 MOTION to Dismiss the First Amended Complaint. addressed to Judge Denise L. Cote from Blaise U. Chow dated March 27, 2023. Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited. (Attachments: #1 Text of Proposed Order Proposed Amended Scheduling Order).(Chow, Blaise)
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Filing 56
MEMO ENDORSEMENT granting #54 Motion to Withdraw as Attorney. ENDORSEMENT: So ordered. Attorney Tracy Lynn Cole terminated. (Signed by Judge Denise L. Cote on 3/14/2023) (vfr)
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Filing 55
DECLARATION of Tracy L. Cole in Support re: #54 MOTION for Tracy L. Cole to Withdraw as Attorney for Defendants.. Document filed by Daria Valdez, Jason Sweeney..(Cotton, Howard)
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Filing 54
MOTION for Tracy L. Cole to Withdraw as Attorney for Defendants. Document filed by Daria Valdez, Jason Sweeney..(Cotton, Howard)
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Filing 53
DECLARATION of Daria Valdez in Support re: #49 MOTION to Dismiss the First Amended Complaint.. Document filed by Daria Valdez, Jason Sweeney..(Cotton, Howard)
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Filing 52
DECLARATION of Jason Sweeney in Support re: #49 MOTION to Dismiss the First Amended Complaint.. Document filed by Daria Valdez, Jason Sweeney. (Attachments: #1 Exhibit A- First Amended and Restated Exempted Limited Partnership Agreement of Pioneer Recovery Fund. LP).(Cotton, Howard)
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Filing 51
DECLARATION of Howard E. Cotton in Support re: #49 MOTION to Dismiss the First Amended Complaint.. Document filed by Daria Valdez, Jason Sweeney. (Attachments: #1 Exhibit 1- Proposed Cayman Complaint, #2 Exhibit 2- Proposed Bahamian Complaint).(Cotton, Howard)
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Filing 50
MEMORANDUM OF LAW in Support re: #49 MOTION to Dismiss the First Amended Complaint. . Document filed by Daria Valdez, Jason Sweeney..(Cotton, Howard)
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Filing 49
MOTION to Dismiss the First Amended Complaint. Document filed by Daria Valdez, Jason Sweeney..(Cotton, Howard)
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Filing 48
NOTICE OF APPEARANCE by Michael Steven Gordon on behalf of Daria Valdez..(Gordon, Michael)
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Filing 47
NOTICE OF APPEARANCE by Howard E. Cotton on behalf of Daria Valdez..(Cotton, Howard)
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Filing 46
MEMO ENDORSEMENT on re: #45 Letter, filed by Jason Sweeney. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 2/22/2023) (vfr)
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Filing 45
LETTER addressed to Judge Denise L. Cote from Michael S. Gordon dated February 22, 2023 re: Representation of Daria Valdez and Request that Ms. Valdez be Subject to the Same Deadlines as Mr. Sweeney as Set Forth in the Revised Scheduling Order. Document filed by Jason Sweeney..(Gordon, Michael)
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Filing 44
REVISED SCHEDULING ORDER granting #43 Letter Motion for Extension of Time. It is hereby ORDERED that the parties' request is granted and that defendant Jason Sweeney shall renew his motion to dismiss the amended complaint by March 13, 2023, the plaintiffs shall file any opposition by April 3, 2023, and a reply shall be filed by April 24, 2023. At the time the reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. There shall be no further adjournment of these dates. Motions due by 3/13/2023. (Signed by Judge Denise L. Cote on 2/8/2023) (vfr)
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Filing 43
LETTER MOTION for Extension of Time re Briefing Schedule on Motion to Dismiss the Amended Complaint addressed to Judge Denise L. Cote from Michael S. Gordon dated February 8, 2023. Document filed by Jason Sweeney..(Gordon, Michael)
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Set/Reset Deadlines: Responses due by 4/3/2023 Replies due by 4/24/2023. (vfr)
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Filing 42
FIRST AMENDED COMPLAINT amending #1 Complaint against Daria Valdez, Jason Sweeney with JURY DEMAND.Document filed by Pioneer GP Limited, Champlain Investment Holdings Limited. Related document: #1 Complaint..(West, Martin)
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Filing 41
CERTIFICATE OF SERVICE. Daria Valdez served on 1/26/2023, answer due 2/16/2023. Service was made by Mail/DHL. Document filed by Pioneer GP Limited; Champlain Investment Holdings Limited. (Attachments: #1 Exhibit Exhibit 1 - DHL Tracking Summary).(West, Martin)
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Filing 40
STATUS REPORT. regarding service on defendant Valdez Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited..(West, Martin)
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Filing 39
CLERK CERTIFICATE OF MAILING of one copy of the Complaint (ECF No. 1) and Summons mailed to DEFENDANT Daria Valdez a/k/a Daria Pastoukhova at Pastoukhova House, Blue Sage Place, Lyford Cay, New Providence, Nassau, Bahamas on 01/24/2023 by DHL tracking # 71 0333 2843, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii).(amf)
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Filing 38
ORDER denying #37 Letter Motion for Extension of Time. A further status report on the attempted service through DHL is due 1/27/23. (Signed by Judge Denise L. Cote on 1/13/2023) (vfr)
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Filing 37
LETTER MOTION for Extension of Time to serve Defendant Valdez addressed to Judge Denise L. Cote from Martin R. West II dated January 12, 2023. Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited. (Attachments: #1 Exhibit Ex. 1- Affidavit of Attempted Service, #2 Exhibit Ex. 2 - Courier Delivery Receipt, #3 Exhibit Ex. 3 - DHL Tracking Information).(West, Martin)
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Filing 36
ORDER granting #35 Letter Motion to Adjourn Conference. The January 13 conference is cancelled. (Signed by Judge Denise L. Cote on 1/11/2023) (vfr)
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Filing 35
LETTER MOTION to Adjourn Conference re: Initial Pre-Trial Conference Scheduled for January 13, 2023 addressed to Judge Denise L. Cote from Michael S. Gordon dated January 11, 2023. Document filed by Jason Sweeney..(Gordon, Michael)
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Filing 34
ORDER granting #33 Letter Motion for Extension of Time to Amend #33 LETTER MOTION for Extension of Time to Amend #32 Order addressed to Judge Denise L. Cote from Martin R. West II dated Dec. 27, 2022. It is hereby ORDERED that the plaintiffs' request is granted. The amended complaint shall be filed by January 30, 2023. IT IS FURTHER ORDERED that defendant Jason Sweeney shall renew his motion to dismiss or otherwise respond to the amended complaint by February 13, 2023. If Mr. Sweeney renews the motion to dismiss, the plaintiffs shall file any opposition by March 6, 2023. A reply, if any, shall be filed by March 20, 2023. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. Amended Pleadings due by 1/30/2023. (Signed by Judge Denise L. Cote on 12/29/2022) (vfr)
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Set/Reset Deadlines: Motions due by 2/13/2023. Responses due by 3/6/2023 Replies due by 3/20/2023. (vfr)
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Filing 33
LETTER MOTION for Extension of Time to Amend #32 Order, Set Deadlines/Hearings,,,, addressed to Judge Denise L. Cote from Martin R. West II dated Dec. 27, 2022. Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited..(West, Martin)
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Filing 32
ORDER: Accordingly, it is hereby ORDERED that plaintiffs shall file any amended complaint by January 6, 2023. It is unlikely that plaintiffs will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiffs shall file any opposition to the motion to dismiss by January 6, 2023. A reply, if any, shall be filed by January 20. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York., ( Amended Pleadings due by 1/6/2023., Responses due by 1/6/2023, Replies due by 1/20/2023.) (Signed by Judge Denise L. Cote on 12/08/2022) (ama)
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Filing 31
NOTICE OF APPEARANCE by Michael Steven Gordon on behalf of Jason Sweeney..(Gordon, Michael)
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Filing 30
DECLARATION of Howard E. Cotton in Support re: #27 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2), 12(b)(6) as well as on Grounds of Forum Non Conveniens.. Document filed by Jason Sweeney. (Attachments: #1 Exhibit 1-Proposed Cayman Complaint, #2 Exhibit 2-Proposed Bahamian Complaint).(Cotton, Howard)
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Filing 29
DECLARATION of Jason Sweeney in Support re: #27 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2), 12(b)(6) as well as on Grounds of Forum Non Conveniens.. Document filed by Jason Sweeney. (Attachments: #1 Exhibit A-First Amended and Restated Exempted Limited Partnership Agreement of Pioneer Recovery Fund. LP).(Cotton, Howard)
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Filing 28
MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2), 12(b)(6) as well as on Grounds of Forum Non Conveniens. . Document filed by Jason Sweeney..(Cotton, Howard)
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Filing 27
MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2), 12(b)(6) as well as on Grounds of Forum Non Conveniens. Document filed by Jason Sweeney..(Cotton, Howard)
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Filing 26
MEMO ENDORSEMENT on re: #25 Letter, filed by Pioneer GP Limited, Champlain Investment Holdings Limited. ENDORSEMENT: Granted. ( Service due by 1/13/2023.) (Signed by Judge Denise L. Cote on 10/28/2022) (vfr)
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Filing 25
LETTER addressed to Judge Denise L. Cote from Michael W. Jacobson, Esq. dated October 28, 2022 re: clarification on Your Honors October 26, 2022 Order setting a pretrial conference. Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited. (Attachments: #1 Exhibit A).(Jacobson, Michael)
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Filing 24
ORDER: It is hereby ORDERED that a pretrial conference shall be held on January 13, 2023 at 2:00 p.m. in Courtroom 18B, 500 Pearl Street, New York, New York. ( Pretrial Conference set for 1/13/2023 at 2:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 10/26/2022) (vfr)
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Filing 23
ORDER granting #22 Letter Motion for Extension of Time. Granted. (Signed by Judge Denise L. Cote on 10/26/2022) (vfr)
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Filing 22
JOINT LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Denise L. Cote from Howard E. Cotton dated October 26, 2022. Document filed by Jason Sweeney..(Cotton, Howard)
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Filing 21
NOTICE OF APPEARANCE by Tracy Lynn Cole on behalf of Jason Sweeney..(Cole, Tracy)
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Filing 20
NOTICE OF APPEARANCE by Howard E. Cotton on behalf of Jason Sweeney..(Cotton, Howard)
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Set/Reset Deadlines: Jason Sweeney answer due 12/7/2022. (vfr)
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Filing 19
AFFIDAVIT OF SERVICE of Summons and Complaint. Jason Sweeney served on 9/1/2022, answer due 9/22/2022. Service was made by Mail. Document filed by Pioneer GP Limited; Champlain Investment Holdings Limited..(Chow, Blaise)
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Filing 18
ORDER: As set forth at the telephonic pretrial conference held on July 29, 2022, it is hereby ORDERED that the plaintiffs must execute service of process on Daria Valdez by October 28, 2022. IT IS FURTHER ORDERED that the plaintiffs shall submit no later than October 28, 2022 a status update regarding their efforts to serve process on Jason Sweeny. ( Service due by 10/28/2022.) (Signed by Judge Denise L. Cote on 7/29/2022) (vfr)
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Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 7/29/2022. Defense not present on call. (Court Reporter Eve Giniger) (jwh)
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Filing 17
ORDER denying #14 Letter Motion to Adjourn Conference. The 7/29 conference shall proceed. Counsel shall be prepared to provide a more detailed description of their efforts to serve the defendants. (Signed by Judge Denise L. Cote on 7/27/2022) (vfr)
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Filing 16
LETTER addressed to Judge Denise L. Cote from Michael W. Jacobson, Esq. dated July 27, 2022 re: Response to Your Honors July 15, 2022 Order. Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited..(Jacobson, Michael)
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Filing 15
ORDER with respect to #14 Motion to Adjourn Conference. The plaintiffs shall describe in greater detail their efforts to serve the defendants since January. That request is due July 27.. (Signed by Judge Denise L. Cote on 7/15/2022) (kv)
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Filing 14
SECOND LETTER MOTION to Adjourn Conference Pre-Trial Conference addressed to Judge Denise L. Cote from Michael W. Jacobson dated July 15, 2022. Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited. Return Date set for 11/4/2022 at 02:00 PM..(Jacobson, Michael)
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Filing 13
ORDER granting #12 LETTER MOTION to Adjourn Conference Pre-Trial Conference.The conference is adjourned to 7/29 at 11:00 am. Initial Conference set for 7/29/2022 at 11:00 AM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 4/15/2022) (jca)
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Filing 12
LETTER MOTION to Adjourn Conference Pre-Trial Conference addressed to Judge Denise L. Cote from Michael W. Jacobson dated April 15, 2022. Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited..(Jacobson, Michael)
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Magistrate Judge Jennifer Willis is so redesignated. (sjo)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Daria Valdez..(lal)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Jason Sweeney..(lal)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to DARIA VALDEZ a/k/a DARIA PASTOUKHOVA, re: #1 Complaint. Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited..(Chow, Blaise)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to JASON SWEENEY, re: #1 Complaint. Document filed by Champlain Investment Holdings Limited, Pioneer GP Limited..(Chow, Blaise)
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: DATE OF CONFERENCE: April 21, 2022 at 2:00 P.M. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749. Access code: 4324948. Initial Conference set for 4/21/2022 at 02:00 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 1/20/2022) (ate)
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Filing 6
NOTICE OF APPEARANCE by Martin R West on behalf of Champlain Investment Holdings Limited, Pioneer GP Limited..(West, Martin)
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Filing 5
NOTICE OF APPEARANCE by Michael Jacobson on behalf of Champlain Investment Holdings Limited, Pioneer GP Limited..(Jacobson, Michael)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Blaise U-Shing Chow. The party information for the following party/parties has been modified: DARIA VALDEZ a/k/a DARIA PASTOUKHOVA, JASON SWEENEY, CHAMPLAIN INVESTMENT HOLDINGS LIMITED. 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 entered in all caps. (vf)
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Case Designated ECF. (vf)
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Magistrate Judge Kevin Nathaniel Fox 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. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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..(vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Blaise U-Shing Chow. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None). The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff). (vf)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pioneer GP Limited..(Chow, Blaise)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CHAMPLAIN INVESTMENT HOLDINGS LIMITED..(Chow, Blaise)
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Filing 2
CIVIL COVER SHEET filed..(Chow, Blaise)
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Filing 1
COMPLAINT against Daria Valdez, Jason Sweeney. (Filing Fee $ 402.00, Receipt Number ANYSDC-25589980)Document filed by Pioneer GP Limited, Champlain Investment Holdings Limited.(Chow, Blaise)
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