Haymount Urgent Care PC et al v. GoFund Advance, LLC et al
Defendant: GoFund Advance, LLC, Funding 123 LLC, Merchant Capital LLC, Isaac Wolf, Alpha Recovery Partners, LLC, Joseph Kroen and Josef Brezel
Counter Defendant: Haymount Urgent Care PC, Robert A. Clinton, Jr., Indigo Installations, Inc. and Christopher A. Turrentine
Counter Claimant: Yisroel C. Getter and Yitzchok Wolf
Case Number: 1:2022cv01245
Filed: February 14, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Jed S Rakoff
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1962 Racketeering (RICO) Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2023 Opinion or Order Filing 211 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Joseph Kroen and without costs. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. Proposed Order to be reviewed by Clerk's Office staff...(Heskin, Shane)
March 22, 2023 Opinion or Order Filing 210 DECLARATION of Shane Heskin in Support re: #209 MOTION to Amend/Correct #28 Amended Complaint,, Plaintiff's Motion To Amend The Complaint.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint, #2 Exhibit B - Redline Comparison of Second and First Amended Complaint).(Heskin, Shane)
March 21, 2023 Opinion or Order Filing 209 MOTION to Amend/Correct #28 Amended Complaint,, Plaintiff's Motion To Amend The Complaint. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
March 20, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/20/2023, held without transcription or recording. Shane Heskin of White & Williams for plaintiffs, Vel Freedman and Richard Cipolla of Freedman Normand Friedland LLP for all defendants other than Yisroel Getter, and Paul Hugel of Clayman & Rosenberg for Yisroel Getter were present. Plaintiffs communicated that they wish to withdraw their previously filed motions for summary judgment and for the materials and briefing filed in support of those motions to instead be considered in the context of deciding defendants motion for summary judgment and as a part of a motion to amend their complaint. Plaintiffs should file a formal statement taking the form of a motion to amend by no later than noon on 3/21, in which they explicitly state that they are withdrawing their current summary judgment motion and will not seek to file another summary judgment motion based on any amendment to their complaint and instead wish their previously filed materials to be considered with respect to their opposition to defendants motion and in the context of their motion to amend their complaint. Plaintiffs should then file any proposed amendment to their complaint by no later than noon on 3/23. All parties should then call in on Friday 3/24 in which defendants should be prepared to state whether, in the event plaintiffs proposed amendment is considered, defendants 1) rest on their current summary judgment briefing; 2) require further discovery and/or briefing (in which case, defendants should be prepared to specify what exactly they believe would be necessary); and/or 3) believe their current summary judgment briefing to be sufficient to decide their motion even if plaintiffs amendment is considered, but also believe that, in the event their motion is denied, they should be granted further discovery and/or briefing (in which case, defendants should be prepared to specify what they believe is necessary). (Kotowski, Linda)
March 16, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 3/16/2023 re: #189 AMENDED MOTION for Partial Summary Judgment . filed by Robert A. Clinton, Jr., Haymount Urgent Care PC, #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment. filed by Robert A. Clinton, Jr., Haymount Urgent Care PC, #175 MOTION for Partial Summary Judgment . filed by Alpha Recovery Partners, LLC, Joseph Kroen, Funding 123 LLC, Yitzchok Wolf, Merchant Capital LLC, Josef Brezel, GoFund Advance, LLC, #182 MOTION for Summary Judgment . filed by Yisroel C. Getter. (Kotowski, Linda)
March 13, 2023 Opinion or Order Filing 208 REPLY re: #179 Rule 56.1 Statement . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Freedman, Devin)
March 13, 2023 Opinion or Order Filing 207 DECLARATION of Richard Cipolla in Support re: #175 MOTION for Partial Summary Judgment .. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Freedman, Devin)
March 13, 2023 Opinion or Order Filing 206 REPLY MEMORANDUM OF LAW in Support re: #175 MOTION for Partial Summary Judgment . . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Freedman, Devin)
March 13, 2023 Opinion or Order Filing 205 REPLY MEMORANDUM OF LAW in Support re: #182 MOTION for Summary Judgment . . Document filed by Yisroel C. Getter..(Hugel, Paul)
March 9, 2023 Opinion or Order Filing 204 DECLARATION of Shane Heskin in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit 1 - Emails Re Freezing Bank Accounts, #2 Exhibit 2 - Emails Re Deficiencies in Production, #3 Exhibit 3 - September 9, 2021 Email, #4 Exhibit 4 - Funding 123 MCA Agreement, #5 Exhibit 5 - Incomplete Settlement Agreement, #6 Exhibit 6 - February 6-7, 2023 Email, #7 Exhibit 7 - January 6, 2022 MCA Agreement, #8 Exhibit 8 - June 1, 2022 MCA Agreement, #9 Exhibit 9 - October 19, 2020 MCA Agreement, #10 Exhibit 10 - September 20, 2022 Email, #11 Exhibit 11 - Part 1 of 3 - Email with Alsaigh Declaration, #12 Exhibit 11 - Part 2 of 3 - Email with Alsaigh Declaration, #13 Exhibit 11 - Part 3 of 3 - Email with Alsaigh Declaration).(Heskin, Shane)
March 9, 2023 Opinion or Order Filing 203 REPLY MEMORANDUM OF LAW in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment. Plaintiffs' Memorandum of Law In Further Support of Their Motion For Partial Summary Judgment. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
March 6, 2023 Opinion or Order Filing 202 ***SELECTED PARTIES***DECLARATION of Velvel (Devin) Freedman in Opposition re: #189 AMENDED MOTION for Partial Summary Judgment ., #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Joseph Kroen, Yitzchok Wolf, GoFund Advance, LLC, Josef Brezel, Funding 123 LLC, Alpha Recovery Partners, LLC, Merchant Capital LLC, Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit 1 - Sealed, #2 Exhibit 2 - Sealed, #3 Exhibit 3 - Sealed, #4 Exhibit 17 - Sealed)Motion or Order to File Under Seal: #143 .(Freedman, Devin)
March 6, 2023 Opinion or Order Filing 201 DECLARATION of Velvel (Devin) Freedman in Opposition re: #189 AMENDED MOTION for Partial Summary Judgment ., #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf. (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2 - Redacted, #3 Exhibit 3 - Redacted, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 - Redacted, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17 - Redacted, #18 Exhibit 18).(Freedman, Devin)
March 6, 2023 Opinion or Order Filing 200 DECLARATION of Yitzchok Wolf in Opposition re: #189 AMENDED MOTION for Partial Summary Judgment ., #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Freedman, Devin)
March 6, 2023 Opinion or Order Filing 199 MEMORANDUM OF LAW in Opposition re: #189 AMENDED MOTION for Partial Summary Judgment ., #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment. . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Freedman, Devin)
March 6, 2023 Opinion or Order Filing 198 COUNTER STATEMENT TO #180 Rule 56.1 Statement. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Freedman, Devin)
March 6, 2023 Opinion or Order Filing 197 COUNTER STATEMENT TO #180 Rule 56.1 Statement. Document filed by Yisroel C. Getter..(Hugel, Paul)
March 6, 2023 Opinion or Order Filing 196 MEMORANDUM OF LAW in Opposition re: #189 AMENDED MOTION for Partial Summary Judgment ., #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment. . Document filed by Yisroel C. Getter..(Hugel, Paul)
March 6, 2023 Opinion or Order Filing 195 MEMORANDUM OF LAW in Opposition re: #175 MOTION for Partial Summary Judgment ., #182 MOTION for Summary Judgment . Plaintiffs' Combined Memorandum of Law In Opposition To Defendants' Motion For Summary Judgment. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
March 6, 2023 Opinion or Order Filing 194 DECLARATION of Shane Heskin in Opposition re: #182 MOTION for Summary Judgment ., #175 MOTION for Partial Summary Judgment .. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit 1 - NYAG Brief, #2 Exhibit 2 - Spreadsheet of MCA Deals, #3 Exhibit 3 - March 24, 2022 Heskin Clinton United Email, #4 Exhibit 4 - Hallinan Indictment, #5 Exhibit 5 - Tucker Indictment).(Heskin, Shane)
March 6, 2023 Opinion or Order Filing 193 DECLARATION of Robert Clinton in Opposition re: #182 MOTION for Summary Judgment ., #175 MOTION for Partial Summary Judgment .. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit 1 - Chart HAY-0009130, #2 Exhibit 2 - EOB Samples).(Heskin, Shane)
March 6, 2023 Opinion or Order Filing 192 COUNTER STATEMENT TO #179 Rule 56.1 Statement. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
March 6, 2023 Opinion or Order Filing 191 COUNTER STATEMENT TO #184 Rule 56.1 Statement. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
February 23, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/23/2023, without transcription or recording. Shane Heskin of White & Williams for plaintiffs, Richard Cipolla of Freedman Normand Friedland LLP for all defendants other than Yisroel Getter, and Paul Hugel of Clayman & Rosenberg for Yisroel Getter were present. The deadline for opposition papers to parties summary judgment papers is extended 1 week, to 3/6/23. Replies will be due 3/13/23. The final pretrial conference and oral argument previously set for 3/15/23 is reset for 3/16/23 at 3:00 PM. (Kotowski, Linda)
February 15, 2023 Opinion or Order Filing 190 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Richard Cipolla dated 2/14/2023 re: Pursuant to this Rule, we are writing to request that Dkt. No. 178-33 be permanently sealed.. ENDORSEMENT: SO ORDERED.. (Signed by Judge Jed S. Rakoff on 2/15/2023) (kv)
February 14, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/14/2023, without transcription or recording. Shane Heskin of White & Williams for plaintiffs and Vel Freedman of Freedman Normand Friedland LLP for defendants other than Yisroel Getter were present. The Court will treat plaintiffs arguments relating to plaintiffs fraud claim in their summary judgment papers as a motion for reconsideration of the Courts prior order dismissing plaintiffs fraud claim. To the extent defendants seek to strike exhibits or declarations filed in support of plaintiffs summary judgment papers, defendants should include their arguments in their opposition papers to plaintiffs summary judgment moving papers.. (Kotowski, Linda)
February 14, 2023 Opinion or Order Filing 189 AMENDED MOTION for Partial Summary Judgment . Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. Responses due by 2/27/2023.(Heskin, Shane)
February 14, 2023 Opinion or Order Filing 188 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 12/6/2022 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)
February 14, 2023 Opinion or Order Filing 187 TRANSCRIPT of Proceedings re: ARGUMENT held on 12/6/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Martha Martin, (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 3/7/2023. Redacted Transcript Deadline set for 3/17/2023. Release of Transcript Restriction set for 5/15/2023..(McGuirk, Kelly)
February 14, 2023 Opinion or Order Filing 186 ***SELECTED PARTIES***DECLARATION of Richard Cipolla in Support re: #175 MOTION for Partial Summary Judgment .. Document filed by Joseph Kroen, Yitzchok Wolf, GoFund Advance, LLC, Josef Brezel, Funding 123 LLC, Alpha Recovery Partners, LLC, Merchant Capital LLC, Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 15, #8 Exhibit 19, #9 Exhibit 21, #10 Exhibit 22, #11 Exhibit 23, #12 Exhibit 33)Motion or Order to File Under Seal: #143 .(Freedman, Devin)
February 13, 2023 Opinion or Order Filing 185 DECLARATION of Richard Cipolla in Support re: #175 MOTION for Partial Summary Judgment .. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35).(Freedman, Devin)
February 13, 2023 Opinion or Order Filing 184 RULE 56.1 STATEMENT. Document filed by Yisroel C. Getter..(Hugel, Paul)
February 13, 2023 Opinion or Order Filing 183 MEMORANDUM OF LAW in Support re: #182 MOTION for Summary Judgment . . Document filed by Yisroel C. Getter..(Hugel, Paul)
February 13, 2023 Opinion or Order Filing 182 MOTION for Summary Judgment . Document filed by Yisroel C. Getter. Responses due by 2/27/2023.(Hugel, Paul)
February 13, 2023 Opinion or Order Filing 181 MEMORANDUM OF LAW in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment. . Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 180 RULE 56.1 STATEMENT. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 179 RULE 56.1 STATEMENT. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Freedman, Devin)
February 13, 2023 Opinion or Order Filing 178 DECLARATION of Richard Cipolla in Support re: #175 MOTION for Partial Summary Judgment .. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35).(Freedman, Devin)
February 13, 2023 Opinion or Order Filing 177 AFFIDAVIT of Plaintiffs' Statement of material Facts In Support of Their Motion For Partial Summary Judgment in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 176 MEMORANDUM OF LAW in Support re: #175 MOTION for Partial Summary Judgment . . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Freedman, Devin)
February 13, 2023 Opinion or Order Filing 175 MOTION for Partial Summary Judgment . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Freedman, Devin)
February 13, 2023 Opinion or Order Filing 174 DECLARATION of Jason Adelman in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit A - 11-15-2019 MCA Agreement, #2 Exhibit B - ACH Withdrawals, #3 Exhibit C - UCC Lien Notice, #4 Exhibit D - UCF Agreement, #5 Exhibit E - Remittance History, #6 Exhibit F - Bank Statements, #7 Exhibit G - Bank Notices, #8 Exhibit H - UCF UCC Lien Notices, #9 Exhibit I - Penn MCA Agreement, #10 Exhibit J - Remittance History, #11 Exhibit K - Penn UCC Lien Notice, #12 Exhibit L - MCA Agreement, #13 Exhibit M - Powerball MCA Agreement).(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 173 DECLARATION of Shane Heskin in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit 91 - Merchant Capital Search, #2 Exhibit 92 - Bridge Search, #3 Exhibit 93 - Part 1 of 6 Settlement Agreements, #4 Exhibit 93 - Part 2 of 6 Settlement Agreements, #5 Exhibit 93 - Part 3 of 6 Settlement Agreements, #6 Exhibit 93 - Part 4 of 6 Settlement Agreements, #7 Exhibit 93 - Part 5 of 6 Settlement Agreements, #8 Exhibit 93 - Part 6 of 6 Settlement Agreements, #9 Exhibit 94 - Bank Statements, #10 Exhibit 95 - Wolf Kroen Emails, #11 Exhibit 96 - Merchant Braun Kroen Emails, #12 Exhibit 97 - Brezel Wolf Emails, #13 Exhibit 98 - Braun Texts, #14 Exhibit 99 - Part 1 of 2 Braun Brezel Texts, #15 Exhibit 99 - Part 2 of 2 Braun Brezel Texts, #16 Exhibit 100 - 12-16-2021 Text Messages, #17 Exhibit 101 - 7-13-2022 Text Messages, #18 Exhibit 102 - 4-28-2020 Text Messages, #19 Exhibit 103 - 2-2-2022 Text Messages, #20 Exhibit 104 - Part 1 of 2 Text Messages, #21 Exhibit 104 - Part 2 of 2 Text Messages, #22 Exhibit 105 - 3-1-2022 Bridges Email, #23 Exhibit 106 - ISO Agreements, #24 Exhibit 107 - Docusign Email, #25 Exhibit 108 - 3-29-2022 Email to Braun Wolf, #26 Exhibit 109 - 2-16-2022 Braun Email, #27 Exhibit 110 - Privilege Log, #28 Exhibit 111 - Kroen Braun Texts, #29 Exhibit 112 - Brezel Texts, #30 Exhibit 113 - Brezel Getter Texts, #31 Exhibit 114 - Getter Affidavit, #32 Exhibit 115 - Wolf Brezel Texts, #33 Exhibit 116 - Brezel Gross Teitelbaum Texts, #34 Exhibit 117 - Writ of Attachment, #35 Exhibit 118 - Clinton Dep Transcript, #36 Exhibit 119 - Supplemental Return, #37 Exhibit 120 - Supplemental Return, #38 Exhibit 121 - Maxon Judgment, #39 Exhibit 122 - Monthly Fees Damages, #40 Exhibit 123 - Part 1 of 2 Brezel Wolf Texts, #41 Exhibit 123 - Part 2 of 2 Brezel Wolf Texts, #42 Exhibit 124 - Kroen Margulios Texts, #43 Exhibit 125 - Heskin 2-10-2023 Email, #44 Exhibit 126 - Part 1 of 3 Extortion, #45 Exhibit 126 - Part 2 of 3 Extortion, #46 Exhibit 126 - Part 3 of 3 Extortion, #47 Exhibit 127 - Part 1 of 2 Bat Exhibits, #48 Exhibit 127 - Part 2 of 2 Bat Exhibits, #49 Exhibit 128 - Avantgarde - Penn SMF Exhibits, #50 Exhibit 129 - Part 1 of 3 Hidden Identity, #51 Exhibit 129 - Part 2 of 3 Hidden Identity, #52 Exhibit 129 - Part 3 of 3 Hidden Identity).(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 172 DECLARATION of Shane Heskin in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit 51 - Bilsborrow Declaration Ex. A, #2 Exhibit 52 - Search Results, #3 Exhibit 53 - Underwriting Docs, #4 Exhibit 54 - Refinancing Docs, #5 Exhibit 55 - Text Messages, #6 Exhibit 56 - Independent Agreements, #7 Exhibit 57 - Part 1 of 2 MCA Agreements, #8 Exhibit 57 - Part 2 of 2 MCA Agreements, #9 Exhibit 58 - Certificates of Organization, #10 Exhibit 59 - Matrix Certificate, #11 Exhibit 60 - Writ of Attachment, #12 Exhibit 61 - 1-2022 Email, #13 Exhibit 62 - Order to Show Cause, #14 Exhibit 63 - Clinton Declaration, #15 Exhibit 64 - Account Opening, #16 Exhibit 65 - Oil City Tractors Deal, #17 Exhibit 66 - MCA Suite Email, #18 Exhibit 67 - Bank Statements, #19 Exhibit 68 - Quick Capital Search, #20 Exhibit 69 - Bank Statements, #21 Exhibit 70 - 3-2-2022 McCurry Email, #22 Exhibit 71 - 6-27-2022 Order, #23 Exhibit 72 - Text Messages, #24 Exhibit 73 - Brezel Affidavit, #25 Exhibit 74 - 9-10-2021 Text Messages, #26 Exhibit 75 - Brezel Gross Texts, #27 Exhibit 76 - Wolf Beityakov Braun Emails, #28 Exhibit 77 - Legal Fees, #29 Exhibit 78 - Funding 123 Payment History, #30 Exhibit 79 - GoFunds Payment History, #31 Exhibit 80 - Writ of Attachment, #32 Exhibit 81 - Text Messages, #33 Exhibit 82 - Kenrock Agreement, #34 Exhibit 83 - Kenrock Settlement, #35 Exhibit 84 - New Account Checklist, #36 Exhibit 85 - Bank Statements, #37 Exhibit 86 - Preliminary Injunction, #38 Exhibit 87 - Part 1 of 3 Bank Statements, #39 Exhibit 87 - Part 2 of 3 Bank Statements, #40 Exhibit 87 - Part 3 of 3 Bank Statements, #41 Exhibit 88 - Part 1 of 4 Alfin Letters, #42 Exhibit 88 - Part 2 of 4 Alfin Letters, #43 Exhibit 88 - Part 3 of 4 Alfin Letters, #44 Exhibit 88 - Part 4 of 4 Alfin Letters, #45 Exhibit 89 - GoFund Search, #46 Exhibit 90 - Funding 123 Search).(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 171 DECLARATION of Shane Heskin in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit 1 - Amended Complaint, #2 Exhibit 2 - Defendants Amended Answer, #3 Exhibit 3 - Mider and Faux Article, #4 Exhibit 4 - Mider Article, #5 Exhibit 5 - FTC Complaint, #6 Exhibit 6 - People of NY v. Richmond Petition, #7 Exhibit 7 - Article Braun Checked Into Prison, #8 Exhibit 8 - Yellowstone Consent Order, #9 Exhibit 9 - Supreme Court Verified Complaint, #10 Exhibit 10 - Alpha Lien Lette, #11 Exhibit 11 - GoFund Annual Report, #12 Exhibit 12 - Merchant Capital Annual Report, #13 Exhibit 13 - Funding 123 Annual Report, #14 Exhibit 14 - March 2022 Alfin Email, #15 Exhibit 15 - Part 1 of 3 Braun Docs, #16 Exhibit 15 - Part 2 of 3 Braun Docs, #17 Exhibit 15 - Part 3 of 3 Braun Docs, #18 Exhibit 16 - Haymount MCA Agreements, #19 Exhibit 17 - Indigo MCA Agreements, #20 Exhibit 18 - Part 1 of 2 MCA Agreements, #21 Exhibit 18 - Part 2 of 2 MCA Agreements, #22 Exhibit 19 - Grants of Clemency, #23 Exhibit 20 - Wolf Dep Transcript, #24 Exhibit 21 - Brezel Dep Transcript, #25 Exhibit 22 - Ostrowsky Dep Transcript, #26 Exhibit 23 - Alfin Dep Transcript, #27 Exhibit 24 - Gold Dep Transcript, #28 Exhibit 25 - Getter Dep Transcript, #29 Exhibit 26 - Dep Notices, #30 Exhibit 27 - Kroen Dep Transcript, #31 Exhibit 28 - Katz Dep Transcript, #32 Exhibit 29 - Beityakov Dep Transcript, #33 Exhibit 30 - Fraud, #34 Exhibit 31 - Part 1 of 3 Double Debits, #35 Exhibit 31 - Part 2 of 3 Double Debits, #36 Exhibit 31 - Part 3 of 3 Double Debits, #37 Exhibit 32 - Part 1 of 2 - 5-5-2022 Prejudgment, #38 Exhibit 32 - Pat 2 of 2 - 5-5-2022 Prejugment, #39 Exhibit 33 - 12-7-2021 Prejudgment, #40 Exhibit 34 - 11-10-2021 Prejudgment, #41 Exhibit 35 - 3-2-2022 Prejudgment, #42 Exhibit 36 - Zezula Affirmation, #43 Exhibit 37 - Writ of Attachment, #44 Exhibit 38 - Amended Complaint, #45 Exhibit 39 - Issacov Texts, #46 Exhibit 40 - Wolfs Rogg Responses, #47 Exhibit 41 - Wolf Kroen Emails, #48 Exhibit 42 - Wolf Email, #49 Exhibit 43 - MCA Fee Docs, #50 Exhibit 44 - MCA with Tax Liens, #51 Exhibit 45 - MCA Borrower Docs, #52 Exhibit 46 - MCA Finite Terms, #53 Exhibit 47 - Taylor Texts, #54 Exhibit 48 - Email Correspondence, #55 Exhibit 49 - Alpha Docs, #56 Exhibit 50 - Bilsborrow Declaration).(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 170 DECLARATION of Michael Maxon in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit A - Bridge Contract, #2 Exhibit Exhibit B - Maxon Text Messages, #3 Exhibit Exhibit C - Part 1 of 4 Writ of Attachment with BOA, #4 Exhibit Exhibit C - Part 2 of 4 Writ of Attachment with BOA, #5 Exhibit Exhibit C - Part 3 of 4 Writ of Attachment with BOA, #6 Exhibit Exhibit C - Part 4 of 4 Writ of Attachment with BOA).(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 169 DECLARATION of Jerome Turner, Jr. in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit A - GoFund MCA Agreement, #2 Exhibit Exhibit B - Zero Balance Letter, #3 Exhibit Exhibit C - Settlement Agreement, #4 Exhibit Exhibit D - Bank Snapshot).(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 168 DECLARATION of Furat Alsaigh in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit A - Part 1 of 2 Text Messages, #2 Exhibit Exhibit A - Part 2 of 2 Text Messages, #3 Exhibit Exhibit B - 500k Jett MCA, #4 Exhibit Exhibit C - 60k Jett MCA, #5 Exhibit Exhibit D - Weedy's Navy Federal Statement).(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 167 DECLARATION of Eulice Alvey in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit A - Tailored Agreement, #2 Exhibit Exhibit B - 18k to Hanock, #3 Exhibit Exhibit C - Fraudulent Merchant MCA).(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 166 DECLARATION of Daniel S. March in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit A - Bridge MCA, #2 Exhibit Exhibit B - Chase May Statement, #3 Exhibit Exhibit C - Refinanced Bridge MCA, #4 Exhibit Exhibit D - June Chase Statements, #5 Exhibit Exhibit E - Wolf Affidavit, #6 Exhibit Exhibit F - Bridge Settlement, #7 Exhibit Exhibit G - Wire Confirmation, #8 Exhibit Exhibit H - Fundra MCA, #9 Exhibit Exhibit I - July Chase Statement).(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 165 DECLARATION of Brandy Perez in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit A - Skyfall Floorstech MCA, #2 Exhibit Exhibit B - Writ of Attachment).(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 164 DECLARATION of Benjamin George Harbor, Jr. in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit A - United MCA Agreement, #2 Exhibit Exhibit B - Writ of Attachment).(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 163 DECLARATION of Armando Ascencion in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit A - 5-13-2022 Skyfall MCA, #2 Exhibit Exhibit B - 5-28-2022 Skyfall MCA).(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 162 DECLARATION of Robert A. Clinton, Jr. in Support re: #161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit 1 - August 25 Haymount MCA, #2 Exhibit Exhibit 2 - 8-26-2021 MCA Agreement, #3 Exhibit Exhibit 3 - 9-27-2021 MCA Agreement, #4 Exhibit Exhibit 4 - 12-16-2021 MCA Agreement, #5 Exhibit Exhibit 5 - 12-27-2021 MCA Agreement, #6 Exhibit Exhibit 6 - 1-20-2022 MCA Agreement, #7 Exhibit Exhibit 7 - Text Messages, #8 Exhibit Exhibit 8 - Haymount WF Jan Feb 2022, #9 Exhibit Exhibit 9 - Haymount BOA Jan and Feb 2022, #10 Exhibit Exhibit 10 - HRSA Damages Summary, #11 Exhibit Exhibit 11 - Part 1 of 3 BOA Monthly Fee Evidence, #12 Exhibit Exhibit 11 - Part 2 of 3 BOA Monthly Fee Evidence, #13 Exhibit Exhibit 11 - Part 3 of 3 BOA Monthly Fee Evidence).(Heskin, Shane)
February 13, 2023 Opinion or Order Filing 161 MOTION for Summary Judgment Notice of Motion for Partial Summary Judgment. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
February 6, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/6/2023, without transcription or recording. Shane Heskin of White & Williams for plaintiffs and Vel Freedman of Freedman Normand Friedland LLP for defendants other than Yisroel Getter were present. To the extent plaintiff moves for any reopening of discovery or further production, that application is denied. To the extent plaintiff wishes to rely on records plaintiff has already obtained in this or other litigation in support of any summary judgment motion, plaintiff may do so. The present summary judgment briefing schedule remains in place, and there shall be no reopening of discovery for additional depositions. (Kotowski, Linda)
February 1, 2023 Opinion or Order Filing 160 NOTICE OF CHANGE OF ADDRESS by David S. Almeida on behalf of Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. New Address: Almeida Law Group LLC, 849 W. Webster Avenue, Chicago, Illinois, United States 60614, 312-576-3024..(Almeida, David)
January 20, 2023 Opinion or Order Filing 159 DECLARATION of Daniel M. Stone in Support re: #158 MOTION for Daniel M. Stone to Withdraw as Attorney .. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Stone, Daniel)
January 20, 2023 Opinion or Order Filing 158 MOTION for Daniel M. Stone to Withdraw as Attorney . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf. (Attachments: #1 Text of Proposed Order [Proposed] Order).(Stone, Daniel)
January 13, 2023 Opinion or Order Filing 157 OPINION AND ORDER re: #120 MOTION to Certify Class Notice of Motion For Class Certification. filed by Robert A. Clinton, Jr., Indigo Installations, Inc., Christopher A. Turrentine, Haymount Urgent Care PC. For the reasons stated above, the Court denies plaintiffs' motion to certify a class (Dkt. 136). The Clerk is directed to close the motion on the docket. As stated in the Court's 12/29/22 bottom-line order and pursuant to the parties' Case Management Plan, any summary judgment motions will be due on 2/13/23, with opposing papers due 2/27/23, and reply papers due 3/6/23. A final pre-trial conference and argument on summary judgment motions will be held on 3/15/23 at 4:00 PM. SO ORDERED. (Signed by Judge Jed S. Rakoff on 1/13/2023) (kv)
January 6, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/6/2023., without transcription and recording. Richard Cipolla of Freedman Normand Friedland LLP for defendants other than Yisroel Getter, Paul Hugel of Clayman & Rosenberg for defendant Yisroel Getter, and Shane Heskin of White & Williams for plaintiffs were present. Defendants application for a 25-day extension of the summary judgment briefing schedule is denied. (Kotowski, Linda)
December 29, 2022 Opinion or Order Filing 156 ORDER denying #136 MOTION to Certify Class Notice of Motion For Class Certification. Following consideration of the parties' written submissions and oral argument on 12/6/22, the Court hereby denies the motion of plaintiffs Robert A. Clinton, Jr. and Haymount Urgent Care PC for class certification (Dkt. 136). An opinion explaining the Court's reasoning will issue no later than 1/17/23. Pursuant to the parties' case management plan (Dkt. 100), any motions for summary judgment shall be due 45 days from the entry of this order -- on 2/13/23. Opposing papers will be due 2/27/23. Reply papers will be due 3/6/23. A final pre-trial conference and argument on summary judgment motions will be held on 3/15/23 at 4:00 PM at 500 Pearl Street, Courtroom 14B. SO ORDERED.. (Signed by Judge Jed S. Rakoff on 12/29/2022) (jca)
December 29, 2022 Opinion or Order Set/Reset Deadlines: (Motions due by 2/13/2023., Responses due by 2/27/2023, Replies due by 3/6/2023.), Set/Reset Hearings: (Final Pretrial Conference set for 3/15/2023 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff.) (jca)
December 6, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 12/6/2022 re: #136 MOTION to Certify Class Notice of Motion For Class Certification. filed by Robert A. Clinton, Jr., Haymount Urgent Care PC. (Kotowski, Linda)
November 30, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Oral Argument set for 12/6/2022 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
November 28, 2022 Opinion or Order Filing 155 DECLARATION of Shane Heskin in Support re: #136 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit 1 - Excerpts of Dep Transcript of Moishe Katz (mini), #2 Exhibit Exhibit 6 - Excerpts of Dep Transcript of Joseph Kroen (mini), #3 Exhibit Exhibit 7 - Excerpts of Dep Transcript of Yosef Brezel, #4 Exhibit Exhibit 8 - Excerpts of Dep Transcript of Yisroel C. Getter (mini), #5 Exhibit Exhibit 9 - Excepts of Dep Transcript of Yitzchok Wolf, #6 Exhibit Exhibit 13 - Reconciliation Request, #7 Exhibit Exhibit 14 - Direct Lender Evidence, #8 Exhibit Exhibit 15 - Overleverage, #9 Exhibit Exhibit 16 - Loan Refinance Evidence, #10 Exhibit Exhibit 17 - Negotiation text messages, #11 Exhibit Exhibit 18 - Absolute Repayment, #12 Exhibit Exhibit 19 - ISO Clawback Docs, #13 Exhibit Exhibit 20 - Excerpts of the Dep Transcript of Sarah Beityakov (mini), #14 Exhibit Exhibit 21 - Forged Affidavits of Debt (Part 1 of 3)).(Heskin, Shane)
November 21, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Oral Argument set for 11/30/2022 at 04:15 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
November 15, 2022 Opinion or Order Filing 154 ORDER: Pursuant to joint request of the parties and in order to protect from disclosure confidential information, the Court directs the Clerk's office to permanently seal Attachments 1, 6-9, and 13-21 to Dkt. 153 (the Declaration of Shane Heskin filed in support of plaintiffs' reply memorandum of law in support of their motion for class certification). Plaintiffs are granted leave to file new versions of these attachments with appropriate redactions. SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/15/2022) (kv)
November 11, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/11/2022, without transcription or recording. Shane Heskin of White & Williams LLC for plaintiffs, Paul Hugel of Clayman & Rosenberg for defendant Yisroel Getter, and Vel Freedman of Freedman Normand Friedland LLP for all remaining defendants were present. The argument on plaintiffs motion for class certification previously set for Thursday, November 17 at 3:00 PM is adjourned until Tuesday, November 22 at 11:00 AM. ( Oral Argument set for 11/22/2022 at 11:00 AM before Judge Jed S. Rakoff.). (Kotowski, Linda)
November 7, 2022 Opinion or Order Filing 153 DECLARATION of Shane Heskln in Support re: #136 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit 1 - Excerpts of Dep Transcript Moishe Katz (mini), #2 Exhibit Exhibit 2 - Avantgarde Stip of Dismissal, #3 Exhibit Exhibit 3 - Amended Avantgarde v. Braun Complaint, #4 Exhibit Exhibit 4 - Penn Dec 14 2018 email to Brezel, #5 Exhibit Exhibit 5 - Penn Capital Agreement, #6 Exhibit Exhibit 6 - Excerpts of Dep Transcript Joseph Kroen (mini), #7 Exhibit Exhibit 7 - Excerpts of Dep Transcript Yosef Brezel 9-2-22 (mini), #8 Exhibit Exhibit 8 - Excerpts of Dep Transcript Yisroel C. Getter (mini), #9 Exhibit Exhibit 9 - Excerpts of Dep Transcript Yitzchok Isaac Wolf 9-6-22 (mini), #10 Exhibit Exhibit 10 - Am. Comp. Ex. 11, #11 Exhibit Exhibit 11 - Excerpts of Robert A. Clinton Jr. - Condensed Transcript, #12 Exhibit Exhibit 12 - sample reconciliation email hits, #13 Exhibit Exhibit 13 - Reconciliation Requests, #14 Exhibit Exhibit 14 - Direct Lender Evidence, #15 Exhibit Exhibit 15 - Overleverage, #16 Exhibit Exhibit 16 - Loan refinancing evidence, #17 Exhibit Exhibit 17 - negotiation text messages, #18 Exhibit Exhibit 18 - Absolute Repayment, #19 Exhibit Exhibit 19 - ISO Clawback Docs, #20 Exhibit Exhibit 20 - Excerpts of Dep Transcript of Sarah Beityakov (mini), #21 Exhibit Exhibit 21 - Part 1 of 3 - Forged Affidavits of Debt, #22 Exhibit Exhibit 21 - Part 2 of 3 - Forged Affidavits of Debt, #23 Exhibit Exhibit 21 - Part 3 of 3 - Forged Affidavits of Debt, #24 Exhibit Exhibit 22 - Part 1 of 2 - Early Payoff Documents, #25 Exhibit Exhibit 22 - Part 2 of 2 - Early Payoff Documents, #26 Exhibit Exhibit 23 - HAY-0011941, #27 Exhibit Exhibit 24 - GOFUND_000010553, #28 Exhibit Exhibit 25 - GOFUND_000065964, #29 Exhibit Exhibit 26 - Excerpts of Christopher A. Turrentine - Condensed Transcript, #30 Exhibit Exhibit 27 - Defendant Court Filings, #31 Exhibit Exhibit 28 - Defendants' Bank Records, #32 Exhibit Exhibit 29 - CT SOS reports for Defendants, #33 Exhibit Exhibit 30 - Excerpts of Charles C. Lunden - Condensed Transcript, #34 Exhibit Exhibit 31 - Gino Criminal Information (EDPA), #35 Exhibit Exhibit 32 - Amazon Article).(Heskin, Shane)
November 7, 2022 Opinion or Order Filing 152 REPLY MEMORANDUM OF LAW in Support re: #136 MOTION to Certify Class Notice of Motion For Class Certification. Reply Memorandum of Law In Further Support of Plaintiffs' Motion For Class Certification. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
November 7, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Oral Argument adjourned from 11/18/22 and set for 11/17/2022 at 03:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
October 24, 2022 Opinion or Order Filing 151 MEMORANDUM OF LAW in Opposition re: #136 MOTION to Certify Class Notice of Motion For Class Certification. . Document filed by Yisroel C. Getter..(Hugel, Paul)
October 24, 2022 Opinion or Order Filing 150 DECLARATION of Paul S. Hugel in Opposition re: #136 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Yisroel C. Getter. (Attachments: #1 Exhibit Ex.1 - Y. Getter Deposition Excepts from).(Hugel, Paul)
October 24, 2022 Opinion or Order Filing 149 ***SELECTED PARTIES***DECLARATION of Velvel (Devin) Freedman in Opposition re: #136 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Joseph Kroen, Yitzchok Wolf, GoFund Advance, LLC, Josef Brezel, Funding 123 LLC, Alpha Recovery Partners, LLC, Merchant Capital LLC, Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit 1 - SEALED, #2 Exhibit 2 - SEALED, #3 Exhibit 4 - SEALED, #4 Exhibit 6 - SEALED, #5 Exhibit 7 - SEALED, #6 Exhibit 9 - SEALED, #7 Exhibit 15 - SEALED, #8 Exhibit 17 - SEALED, #9 Exhibit 21 - SEALED, #10 Exhibit 23 - SEALED, #11 Exhibit 24 - SEALED)Motion or Order to File Under Seal: #143 .(Freedman, Devin)
October 24, 2022 Opinion or Order Filing 148 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #136 MOTION to Certify Class Notice of Motion For Class Certification. . Document filed by Joseph Kroen, Yitzchok Wolf, GoFund Advance, LLC, Josef Brezel, Funding 123 LLC, Alpha Recovery Partners, LLC, Merchant Capital LLC, Robert A. Clinton, Jr, Haymount Urgent Care PC. Motion or Order to File Under Seal: #143 .(Freedman, Devin)
October 24, 2022 Opinion or Order Filing 147 DECLARATION of Velvel (Devin) Freedman in Opposition re: #136 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf. (Attachments: #1 Exhibit 1 - REDACTED, #2 Exhibit 2 - REDACTED, #3 Exhibit 3, #4 Exhibit 4 - REDACTED, #5 Exhibit 5, #6 Exhibit 6 - REDACTED, #7 Exhibit 7 - REDACTED, #8 Exhibit 8, #9 Exhibit 9 - REDACTED, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15 - REDACTED, #16 Exhibit 16, #17 Exhibit 17 - REDACTED, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21 - REDACTED, #22 Exhibit 22, #23 Exhibit 23 - REDACTED, #24 Exhibit 24 - REDACTED, #25 Exhibit 25, #26 Exhibit 26).(Freedman, Devin)
October 24, 2022 Opinion or Order Filing 146 MEMORANDUM OF LAW in Opposition re: #136 MOTION to Certify Class Notice of Motion For Class Certification. . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Freedman, Devin)
October 12, 2022 Opinion or Order Filing 145 OPINION AND ORDER re: #103 MOTION TO STRIKE CLASS ALLEGATIONS . filed by Alpha Recovery Partners, LLC, Joseph Kroen, Funding 123 LLC, Yitzchok Wolf, Merchant Capital LLC, Josef Brezel, Yisroel C. Getter, GoFund Advance, LLC. For the reasons stated above, the Court denies defendants' motion to strike plaintiffs' class allegations. The Clerk is directed to close the motion (103) on the docket. (Signed by Judge Jed S. Rakoff on 10/12/2022) (ate)
October 3, 2022 Opinion or Order Filing 144 DECLARATION of Shane Heskin in Support re: #136 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit 4 - Yitzchok Wolf Deposition Transcript Excerpts, #2 Exhibit Exhibit 11 - Yosef Brezel Deposition Transcript Excerpts, #3 Exhibit Exhibit 17 - Jared Alfin, Esquire Deposition Transcript Excerpts, #4 Exhibit Exhibit 34 - Yisroel Getter Deposition Transcript Excerpts).(Heskin, Shane)
September 30, 2022 Opinion or Order Filing 143 ORDER re: #134 Order. In accordance with the Court's previous order (Dkt. 134) authorizing plaintiffs to file a declaration and certain exhibits in support of their class certification motion under a temporary sealing order set to expire today, the Court directs the clerk's office to unseal docket entry 13 9 and all attachments except the following: Attachments 1 ("Exhibit 4 Yitzchok (Isaac) Wolf Condensed Transcript"), 2 ("Exhibit 11 - Yosef Brezel - Condensed Transcript"), 4 ("Exhibit 17 - Jared Alfin, Esquire - Condensed Transcript"), and 6 ("Exhibit 34 - Yisroel Getter - Rough Draft - Condensed Transcript"). The clerk is directed to permanently seal these four attachments and limit ECF access to only the court and counsel for the parties. Plaintiffs are granted to file new versions of those four attachments with appropriate redactions. (Signed by Judge Jed S. Rakoff on 9/30/2022) (kv)
September 23, 2022 Opinion or Order Filing 142 DECLARATION of Robert A. Clinton, Jr. in Support re: #136 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit 1 - August 25 Haymount MCA, #2 Exhibit Exhibit 2 - August 26 Haymount MCA, #3 Exhibit Exhibit 3 - September 27 Haymount MCA, #4 Exhibit Exhibit 4 - December 16 Haymount MCA, #5 Exhibit Exhibit 5 - December 27 Haymount MCA, #6 Exhibit Exhibit 6 - January 20 Haymount MCA, #7 Exhibit Exhibit 7 - Text messages).(Heskin, Shane)
September 23, 2022 Opinion or Order Filing 141 DECLARATION of James J. Bilsborrow, Esquire in Support re: #136 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit A - MCA Agreements).(Heskin, Shane)
September 23, 2022 Opinion or Order Filing 140 DECLARATION of David S. Almeida, Esquire in Support re: #136 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
September 23, 2022 Opinion or Order Filing 139 ***SELECTED PARTIES***DECLARATION of Shane Heskin in Support re: #136 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Indigo Installations, Inc., Joseph Kroen, Merchant Capital LLC, Christopher A. Turrentine, Yitzchok Wolf. (Attachments: #1 Exhibit Exhibit 4 - Yitzchok (Isaac) Wolf - Condensed Transcript, #2 Exhibit Exhibit 11 - Yosef Brezel - Condensed Transcript, #3 Exhibit Exhibit 16 - Marshall Elizabeth Ostrowski - Condensed Transcript, #4 Exhibit Exhibit 17 - Jared Alfin, Esquire - Condensed Transcript, #5 Exhibit Exhibit 18 - Dan Gold - Condensed Transcript, #6 Exhibit Exhibit 34 - Yisroel Getter - Rough Draft - Condensed Transcript, #7 Exhibit Exhibit 35 - Joseph Kroen - Condensed Transcript)Motion or Order to File Under Seal: #134 .(Heskin, Shane)
September 23, 2022 Opinion or Order Filing 138 DECLARATION of Shane Heskin in Support re: #136 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC. (Attachments: #1 Exhibit Exhibit 1 - Gino Criminal Information (EDPA), #2 Exhibit Exhibit 2 - I'm Ruined_Litigation Trend Takes Aim at Merchant Cash Advance Industry, #3 Exhibit Exhibit 3 - NYAG Supp Letter 9-12-2022, #4 Exhibit Exhibit 5 - Braun Controls Enterprise, #5 Exhibit Exhibit 6 - Braun Control of Plaintiffs, #6 Exhibit Exhibit 7 - GOFUND_000025191, #7 Exhibit Exhibit 8 - GOFUND_000024777, #8 Exhibit Exhibit 9 - Clients MCA Agreements, #9 Exhibit Exhibit 10 part 1 (MCA DBAs), #10 Exhibit Exhibit 10 part 2 (MCA DBAs), #11 Exhibit Exhibit 10 part 3 (MCA DBAs), #12 Exhibit Exhibit 10 part 4 (MCA DBAs), #13 Exhibit Exhibit 12 - Undisclosed Fees, #14 Exhibit Exhibit 13 - Tax Liens, #15 Exhibit Exhibit 14 - Already Purchased Receivables, #16 Exhibit Exhibit 15 - Finite Terms, #17 Exhibit Exhibit 19 - Evidence of Settlement Duress, #18 Exhibit Exhibit 20 - Text Messages, #19 Exhibit Exhibit 21 - Referring as Lenders, #20 Exhibit Exhibit 22 - Unconscionable Terms, #21 Exhibit Exhibit 23 - Fundra v. Bat Answer with Counterclaims, #22 Exhibit Exhibit 24 - Over withdrawals, #23 Exhibit Exhibit 25 - GOFUND_000057622, #24 Exhibit Exhibit 26 - Enterprise Element Exhibits, #25 Exhibit Exhibit 27 - Funding 123 Response to RFAs, #26 Exhibit Exhibit 28 - GoFund Advance Response to RFAs, #27 Exhibit Exhibit 29 - Merchant Capital Response to RFAs, #28 Exhibit Exhibit 30 - Lunden Expert Report, #29 Exhibit Exhibit 31 - Unpublished Cases, #30 Exhibit Exhibit 32 - Declaration of Robert A. Clinton, Jr., #31 Exhibit Exhibit 33 - Payment Histories, #32 Exhibit Exhibit 36 - Haymount Deal Economics).(Heskin, Shane)
September 23, 2022 Opinion or Order Filing 137 MEMORANDUM OF LAW in Support re: #136 MOTION to Certify Class Notice of Motion For Class Certification. Memorandum of Law In Support of Plaintiffs' Motion For Class Certification. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
September 23, 2022 Opinion or Order Filing 136 MOTION to Certify Class Notice of Motion For Class Certification. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
September 23, 2022 Opinion or Order Filing 135 JOINT STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO PLAINTIFFS CHRISTOPHER A. TURRENTINE AND INDIGO INSTALLATIONS, INC.: PLEASE TAKE NOTICE that it is hereby stipulated and agreed by undersigned counsel for all parties that this matter is hereby dismissed pursuantto Fed. R. Civ. P. 4 l(a)(l)(A)(ii) without prejudice and without costs as to Plaintiffs Christopher A. Turrentine and Indigo Installations, Inc. only. SO ORDERED. Indigo Installations, Inc. and Christopher A. Turrentine (individually and on behalf of all those similarly situated) terminated. (Signed by Judge Jed S. Rakoff on 9/23/2022) (kv)
September 23, 2022 Opinion or Order Filing 134 ORDER re: #122 Declaration in Support of Motion, filed by Robert A. Clinton, Jr., Indigo Installations, Inc., Christopher A. Turrentine, Haymount Urgent Care PC. Pursuant to the parties' joint request, the Court orders that exhibits 4, 11, 16, 17, and 18 to the Declaration of Shane Heskin (Dkt. 122) filed in support of plaintiffs' first (now withdrawn) motion for class certification be sealed. The Clerk is directed to restrict the availability of these exhibits on ECF to counsel for the parties and to the Court. Plaintiffs are also granted leave to file exhibits in support of their second motion for class certification set to be filed later today (9/23/22) under temporary seal (again, with copies on ECF only available to the Court and counsel for the parties). The temporary sealing order will expire one week from today, on 9/30/22. Plaintiffs' unopposed request to take 11 depositions is granted. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/23/2022) (kv)
September 23, 2022 Opinion or Order Filing 133 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Indigo Installations, Inc., Christopher A. Turrentine and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Heskin, Shane)
September 23, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Shane Heskin. RE-FILE Document No. #132 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp)
September 22, 2022 Opinion or Order Filing 132 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Indigo Installations, Inc., Christopher A. Turrentine and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Heskin, Shane) Modified on 9/23/2022 (tp).
September 19, 2022 Opinion or Order Filing 131 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Shane R. Heskin dated 9/16/2022 re: We represent Plaintiffs in this matter. It has come to our attention that certain exhibits that our office filed on September 12, 2022 contained confidential information. Pursuant to ECF Rule 21.7, the ECF Help desk temporarily sealed the documents. Pursuant to this Rule, we are writing to request that these documents be permanently sealed. The documents are as follows: Doc No. 122, Item 28, Item 35; Doc No. 123, Items 1-5; and Doc No. 124, Items 1-7. In accordance with Rule 21.7, we will re-file redacted exhibits on ECF. ENDORSEMENT: SO ORDERED.. (Signed by Judge Jed S. Rakoff on 9/19/2022) (tg)
September 19, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/19/2022, today without transcription or recording. Shane Heskin of White & Williams, LLP for plaintiffs, Paul Hugel for defendant Yisroel Getter, and Devin Freedman of Roche Freedman LLP for remaining defendants were present. Plaintiffs request to withdraw their class certification motion on behalf of all plaintiffs and to refile on behalf of Haymount Urgent Care PC and Robert Clinton is granted. Plaintiffs class certification motion will be due 9/23/22, defendants opposition is due 10/12/22, and any reply is due on 10/21/22( Oral Argument set for 11/18/2022 at 02:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
September 16, 2022 Opinion or Order Filing 130 DECLARATION of Robert A. Clinton in Support re: #120 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Exhibit Exhibit 1 - August 25 Haymount MCA, #2 Exhibit Exhibit 2 - August 26 Haymount MCA, #3 Exhibit Exhibit 3 - September 27 Haymount MCA, #4 Exhibit Exhibit 4 - December 16 Haymount MCA, #5 Exhibit Exhibit 5 - December 27 Haymount MCA, #6 Exhibit Exhibit 6 - January 20 Haymount MCA, #7 Exhibit Exhibit 7 - Text Messages).(Heskin, Shane)
September 16, 2022 Opinion or Order Filing 129 DECLARATION of Christopher A. Turrentine in Support re: #120 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Exhibit Exhibit 1 - GoFund 000021135, #2 Exhibit Exhibit 2 - HAY-0000510, #3 Exhibit Exhibit 3 - HAY-0000521, #4 Exhibit Exhibit 4 - HAY-0000675, #5 Exhibit Exhibit 5 - HAY-0000340).(Heskin, Shane)
September 16, 2022 Opinion or Order Filing 128 DECLARATION of Shane Heskin in Support re: #120 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Exhibit Exhibit 25 - Declaration of Christopher A. Turrentine, #2 Exhibit Exhibit 32 - Declaration of Robert A. Clinton).(Heskin, Shane)
September 12, 2022 Opinion or Order Filing 127 MEMORANDUM OF LAW in Support re: #120 MOTION to Certify Class Notice of Motion For Class Certification. Memorandum of Law In Support of Plaintiffs' Motion For Class Certification. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
September 12, 2022 Opinion or Order Filing 126 DECLARATION of James J. Bilsborrow in Support re: #120 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Exhibit Exhibit A - MCA Agreements).(Heskin, Shane)
September 12, 2022 Opinion or Order Filing 125 DECLARATION of David S. Almeida, Esquire in Support re: #120 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
September 12, 2022 Opinion or Order Filing 124 DECLARATION of Robert A. Clinton in Support re: #120 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Exhibit Exhibit 1 - August 25 Haymount MCA, #2 Exhibit Exhibit 2 - August 26 Haymount MCA, #3 Exhibit Exhibit 3 - September 27 Haymount MCA, #4 Exhibit Exhibit 4 - December 16 Haymount MCA, #5 Exhibit Exhibit 5 - December 27 Haymount MCA, #6 Exhibit Exhibit 6 - January 20 Haymount MCA, #7 Exhibit Exhibit 7 - Text Messages).(Heskin, Shane)
September 12, 2022 Opinion or Order Filing 123 DECLARATION of Christopher A. Turrentine in Support re: #120 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Exhibit Exhibit 1 - GOFUND 000021135, #2 Exhibit Exhibit 2 - HAY-0000510, #3 Exhibit Exhibit 3 - HAY-0000521, #4 Exhibit Exhibit 4 - HAY-0000675, #5 Exhibit Exhibit 5 - HAY-0000338).(Heskin, Shane)
September 12, 2022 Opinion or Order Filing 122 DECLARATION of Shane Heskin in Support re: #120 MOTION to Certify Class Notice of Motion For Class Certification.. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Exhibit Exhibit 1 - Gino Criminal Information (EDPA), #2 Exhibit Exhibit 2 - I'M Ruined Litigation Trend Takes Aim at Merchant, #3 Exhibit Exhibit 3 - NYAG Supp Letter 9.12.22, #4 Exhibit Exhibit 4 - Yitzchok (Isaac) Wolf Transcripts, #5 Exhibit Exhibit 5 - Braun Controls Enterprise, #6 Exhibit Exhibit 6 - Braun Control of Plaintiffs, #7 Exhibit Exhibit 7 - GOFUND 000025191, #8 Exhibit Exhibit 8 - GOFUND 000024777, #9 Exhibit Exhibit 9 - Clients MCA Agreements, #10 Exhibit Exhibit 10 Part1 (MCA DBAs), #11 Exhibit Exhibit 10 Part 2 (MCA DBAs), #12 Exhibit Exhibit 10 Part 3 (MCA DBAs), #13 Exhibit Exhibit 10 Part 4 (MCA DBAs), #14 Exhibit Exhibit 11 - Yosef Brezel Transcript, #15 Exhibit Exhibit 12 - Hidden Fees, #16 Exhibit Exhibit 13 - Tax Liens, #17 Exhibit Exhibit 14 - Already Purchased Receivable, #18 Exhibit Exhibit 15 - Finite Terms, #19 Exhibit Exhibit 16 - Marshal Elizabeth Ostrowski Transcript, #20 Exhibit Exhibit 17 - Jared Alfin, Esquire Transcript, #21 Exhibit Exhibit 18 Dan Gold Transcript, #22 Exhibit Exhibit 19 - Evidence of Settlement Duress, #23 Exhibit Exhibit 20 - Text Messages, #24 Exhibit Exhibit 21 - Referring as Lenders, #25 Exhibit Exhibit 22 - Unconscionable Terms, #26 Exhibit Exhibit 23 - GOFUND 000019943, #27 Exhibit Exhibit 24 - GOFUND 000019944, #28 Exhibit Exhibit 25 - Declaration of Christopher A. Turrentine, #29 Exhibit Exhibit 26 - Enterprise Element Exhibits, #30 Exhibit Exhibit 27 - Funding 123 Response to RFAs, #31 Exhibit Exhibit 28 - GoFund Advance Response to RFAs, #32 Exhibit Exhibit 29 - Merchant Capital Response to RFAs, #33 Exhibit Exhibit 30 - Lunden Expert Report, #34 Exhibit Exhibit 31 - Unpublished Cases, #35 Exhibit Exhibit 32 - Declaration of Robert A. Clinton, #36 Exhibit Exhibit 33- Payment Histories).(Heskin, Shane)
September 12, 2022 Opinion or Order Filing 121 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #127) MEMORANDUM OF LAW in Support re: #120 MOTION to Certify Class Notice of Motion For Class Certification. Memorandum of Law In Support of Plaintiffs' Motion For Class Certification. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane) Modified on 9/13/2022 (kj).
September 12, 2022 Opinion or Order Filing 120 MOTION to Certify Class Notice of Motion For Class Certification. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
September 7, 2022 Opinion or Order Filing 119 NOTICE OF APPEARANCE by Daniel Martin Stone on behalf of Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Stone, Daniel)
September 7, 2022 Opinion or Order Filing 118 NOTICE OF APPEARANCE by Jordana Lauren Haviv on behalf of Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Haviv, Jordana)
September 1, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/1/2022, without transcription or recording. Counsel for all defendants and for all plaintiffs were present. Defendants' request that their 30(b)(6) representative set for deposition on 9/2/22 not be required to respond to plaintiffs' questions about the corporation's use or lack of use of third-party vendors to assist with discovery as it pertains to this litigation is granted, as is defendants' related request that they not be required to produce related documents about their management of discovery in this specific litigation at this stage. The ruling is without prejudice to plaintiffs' later seeking discovery as to defendants' discovery practices if there is any demonstrated need. Plaintiffs' request to file an up-to 40-page memorandum in support of their opening class certification papers is granted; defendants' opposition may also be up to 40 pages.. (Kotowski, Linda)
August 31, 2022 Opinion or Order Filing 117 NOTICE of Notice of Withdrawal. Document filed by Haymount Urgent Care PC..(Eisenhaure, Rachel)
August 30, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/30/202, without transcription or recording. Paul S. Scott Hugel and Wayne Ervin Gosnell, Jr. of Clayman Rosenberg Kirshner & Linder LLP for Defendant Yisroel Getter and Alex Corey of White and Williams, LLP for all plaintiffs were present. Per this Court's 8/16/22 order, the discovery stay as to Mr. Getter is lifted. Mr. Getter is ordered to make initial disclosures, if he has not already done so, by 9/13/22. He is ordered to respond to any requests for production, interrogatories, and requests for admission by 9/20/22. To the extent he intends to request any documents, such requests must be served no later than 9/9/22; any responses to such request must be made no later than 9/30/22. (Kotowski, Linda)
August 30, 2022 Opinion or Order Filing 116 NOTICE OF APPEARANCE by Wayne Ervin Gosnell, Jr on behalf of Yisroel C. Getter..(Gosnell, Wayne)
August 30, 2022 Opinion or Order Filing 115 NOTICE OF APPEARANCE by Paul Scott Hugel on behalf of Yisroel C. Getter..(Hugel, Paul)
August 26, 2022 Opinion or Order Filing 114 NOTICE OF APPEARANCE by James Jackson Bilsborrow on behalf of Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Bilsborrow, James)
August 25, 2022 Opinion or Order Filing 113 MEMORANDUM ORDER denying #105 Motion for CERTIFICATION PURSUANT TO 28 U.S.C. 1292(b) re: #105 MOTION FOR CERTIFICATION PURSUANT TO 28 U.S.C. 1292(b). . For the reasons stated above, defendants' motion forcertification pursuant to 28 U.S.C. 1292(b) is denied. SO ORDERED.. (Signed by Judge Jed S. Rakoff on 8/25/2022) (kv)
August 25, 2022 Opinion or Order Filing 112 NOTICE OF APPEARANCE by Alex David Corey on behalf of Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Corey, Alex)
August 17, 2022 Opinion or Order Filing 111 STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL MATERIALS...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/17/2022) (kv)
August 16, 2022 Opinion or Order Filing 110 ORDER, Devin Freedman, Edward John Normand, Kyle William Roche, and Richard Cipolla of Roche Freedman, LLP and Conor Eric Brownell and John Albert Mueller of Lippes Mathias LLP are relieved of their representation of Yisroel C. Getter for good cause shown. See 8/16/22 Hr'g Tr. Additionally, Conor Eric Brownell and John Albert Mueller of Lippes Mathias LLP are hereby relieved of their representation of all remaining defendants per joint stipulation among defense counsel. All discovery as to Mr. Getter is hereby stayed through Tuesday, August 30, 2022. Once Mr. Getter obtains new counsel, Mr. Getter's counsel is directed to jointly call chambers with plaintiffs' counsel to set a discovery schedule for Mr. Getter. If Mr. Getter does not retain counsel by August 30, 2022, the stay will be lifted and Mr. Getter will proceed pro se. SO ORDERED. (Attorney Devin Freedman; John Albert Mueller; Edward John Normand; Kyle William Roche; Conor Eric Brownell and Richard Cipolla terminated.) (Signed by Judge Jed S. Rakoff on 8/16/22) (yv)
August 16, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Interim Pretrial Conference held on 8/16/2022. The Court relieves the firms of Roche Freedman and Lippes Matthias from representation of defendant Yisroel Getter. Defendant Getter must obtain new counsel within two weeks, August 30th, 2022. (Kotowski, Linda)
August 15, 2022 Opinion or Order Filing 109 REPLY MEMORANDUM OF LAW in Support re: #103 MOTION TO STRIKE CLASS ALLEGATIONS . . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Freedman, Devin)
August 10, 2022 Opinion or Order Filing 108 MEMORANDUM OF LAW in Opposition re: #105 MOTION FOR CERTIFICATION PURSUANT TO 28 U.S.C. 1292(b) . Plaintiffs Opposition. Document filed by Haymount Urgent Care PC, Indigo Installations, Inc...(Heskin, Shane)
August 8, 2022 Opinion or Order Filing 107 MEMORANDUM OF LAW in Opposition re: #103 MOTION TO STRIKE CLASS ALLEGATIONS . Memorandum of Points and Authorities In Opposition to Defendant's Motion to Strike Class Allegations [Doc No. 103]. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
August 3, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/3/2022,without transcription or recording. Counsel for Plaintiff and Defendant were present. Plaintiffs motion for class certification shall now be due on 9/12/22, defendants answering papers will now be due on 10/3/22, and plaintiffs reply shall now be due on 10/10/22. Oral argument on the motion for class certification shall be held on Wednesday, 10/19/22 at 4:30 PM in Courtroom 14B, 400 Pearl Street. ( Oral Argument set for 10/19/2022 at 04:30 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
August 3, 2022 Opinion or Order Filing 106 MEMORANDUM OF LAW in Support re: #105 MOTION FOR CERTIFICATION PURSUANT TO 28 U.S.C. 1292(b) . . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf. (Attachments: #1 Exhibit A).(Normand, Edward)
August 3, 2022 Opinion or Order Filing 105 MOTION FOR CERTIFICATION PURSUANT TO 28 U.S.C. 1292(b) . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Normand, Edward)
August 2, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/2/2022 without transcription or recording. David Almeida of Benesch Friedlander Coplan & Aronoff LLP and Shane Heskin of White & Williams, LLP for Plaintiff and Devin Freedman and Richard Cipolla of Roche Freedman, LLP for defendants were present. Defendants are directed to file any motion requesting the court to certify an interlocutory appeal by 8/3/22; plaintiffs answering papers are due 8/10/22. Plaintiffs request to depose Yitzchok Wolf the week of August 22 is denied; Mr. Wolfs deposition shall take place on 8/29/22 or 8/30/22. Plaintiffs request to take class discovery extending back to February 2018 is granted.. (Kotowski, Linda)
July 25, 2022 Opinion or Order Filing 104 MEMORANDUM OF LAW in Support re: #103 MOTION TO STRIKE CLASS ALLEGATIONS . . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Freedman, Devin)
July 25, 2022 Opinion or Order Filing 103 MOTION TO STRIKE CLASS ALLEGATIONS . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Freedman, Devin)
July 25, 2022 Opinion or Order Filing 102 AMENDED ANSWER to #28 Amended Complaint,,. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Freedman, Devin)
July 19, 2022 Opinion or Order Filing 101 ANSWER to #90 Counterclaim. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
July 19, 2022 Opinion or Order Filing 100 CIVIL CASE MANAGEMENT: The case will not be tried to a jury. No joinder of additional parties is allowed without leave of Court. The parties have conferred and given the remaining discovery to be completed and the briefing on Plaintiffs' motion for class certification, see F, it is prudent to defer any post discovery summary judgment motions until forty-five (45) days after the Court issues its opinion on class certification. Papers in support of defendants' anticipated motion to strike class allegations shall be served and filed by, July 25, 2022, answering papers by August, 8, and reply papers by August 15. Motions due by 9/5/2022. Responses due by 9/26/2022 Replies due by 10/3/2022. Deposition due by 9/28/2022. Discovery due by 9/28/2022. Oral Argument set for 10/12/2022 at 04:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. Ready for Trial by 11/11/2022. (Signed by Judge Jed S. Rakoff on 7/19/2022) (kv)
July 15, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/15/2022,without transcription or recording. Counsel for Plaintiff and Defendant were present. The parties are directed to email an updated case management plan to Chambers by 7/18/22 reflecting all new discovery dates. Defendants are granted leave to file a motion to strike class allegations, which will be due by 7/25/22. Plaintiffs are directed to file an opposition by 8/8/22, and Defendants may file any reply memorandum by 8/15/22. Pursuant to Fed. R. Civ. Proc. 15, Defendants may amend their answer within 21 days of their initial filing. ( Oral Argument set for 10/12/2022 at 04:30 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
July 14, 2022 Opinion or Order Filing 99 NOTICE OF APPEARANCE by Richard Cipolla on behalf of Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Merchant Capital LLC..(Cipolla, Richard)
July 14, 2022 Opinion or Order Filing 98 NOTICE OF APPEARANCE by Edward John Normand on behalf of Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Merchant Capital LLC..(Normand, Edward)
July 14, 2022 Opinion or Order Filing 97 NOTICE OF APPEARANCE by Kyle William Roche on behalf of Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Merchant Capital LLC..(Roche, Kyle)
July 14, 2022 Opinion or Order Filing 96 NOTICE OF APPEARANCE by Devin Freedman on behalf of Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Merchant Capital LLC..(Freedman, Devin)
July 14, 2022 Opinion or Order Filing 95 NOTICE OF APPEARANCE by Richard Cipolla on behalf of Alpha Recovery Partners, LLC, Josef Brezel, Joseph Kroen, Yitzchok Wolf..(Cipolla, Richard)
July 14, 2022 Opinion or Order Filing 94 NOTICE OF APPEARANCE by Edward John Normand on behalf of Alpha Recovery Partners, LLC, Josef Brezel, Joseph Kroen, Yitzchok Wolf..(Normand, Edward)
July 14, 2022 Opinion or Order Filing 93 NOTICE OF APPEARANCE by Kyle William Roche on behalf of Alpha Recovery Partners, LLC, Josef Brezel, Joseph Kroen, Isaac Wolf..(Roche, Kyle)
July 14, 2022 Opinion or Order Filing 92 NOTICE OF APPEARANCE by Devin Freedman on behalf of Alpha Recovery Partners, LLC, Josef Brezel, Joseph Kroen, Yitzchok Wolf..(Freedman, Devin)
July 13, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: The final PTC on 8/11/2022 is cancelled and oral argument on class certification will be held on 9/12/2022 at 4:30in courtroom 14B. (Kotowski, Linda)
July 12, 2022 Opinion or Order Filing 91 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GSS Equity LLC for Alpha Recovery Partners, LLC. Document filed by Alpha Recovery Partners, LLC..(Mueller, John)
July 11, 2022 Opinion or Order Filing 90 ANSWER to #28 Amended Complaint,,., COUNTERCLAIM against All Plaintiffs. Document filed by Joseph Kroen, GoFund Advance, LLC, Yisroel C. Getter, Josef Brezel, Yitzchok Wolf, Funding 123 LLC, Alpha Recovery Partners, LLC, Merchant Capital LLC..(Mueller, John)
July 11, 2022 Opinion or Order Filing 89 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hartford Receivables LLC for Funding 123 LLC, GoFund Advance, LLC, Merchant Capital LLC. Document filed by Alpha Recovery Partners, LLC, Funding 123 LLC, GoFund Advance, LLC, Merchant Capital LLC..(Mueller, John)
July 8, 2022 Opinion or Order Filing 88 CIVIL CASE MANAGEMENT: The case will not be tried to a jury. No joinder of additional parties is allowed without leave of Court. No further amended pleadings is allowed without leave of Court. Motions due by 8/5/2022. Responses due by 8/26/2022 Replies due by 9/3/2022. Deposition due by 8/29/2022. Discovery due by 8/29/2022. Oral Argument set for 9/12/2022 at 04:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. Ready for Trial by 10/12/2022. (Signed by Judge Jed S. Rakoff on 7/8/2022) (mml)
July 6, 2022 Opinion or Order Filing 87 NOTICE OF APPEARANCE by David S. Almeida on behalf of Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Almeida, David)
June 27, 2022 Opinion or Order Filing 86 OPINION AND ORDER re: #68 MOTION to Dismiss . filed by Alpha Recovery Partners, LLC, Joseph Kroen, Funding 123 LLC, Yitzchok Wolf, Merchant Capital LLC, Josef Brezel, Yisroel C. Getter, GoFund Advance, LLC. For the reasons explained above, defendants motion to dismiss the First Amended Complaint is granted in part and denied in part. The motion is denied with respect to the substantive and conspiratorial RICO claims, although the plaintiffs may not proceed with the aspect of the wire fraud prong of the substantive RICO claim predicated on allegedly excessive fees that were disclosed in the MCA agreements. The motion is denied with respect to the section 1983 claim, which survives in its entirety. The declaratory judgment claim has two parts, one of which -- seeking a declaration that the MCA agreements are void ab initio -- is dismissed. The aspect of the declaratory judgment claim concerning the validity of the Indigo settlement survives, but only as against GoFund Advance. Finally, the fraud claim is dismissed against all defendants other than GoFund Advance, and then only the aspect of the claim concerning allegedly fraudulent ACH withdrawals may proceed. Following argument on the instant motion, the Court stayed discovery and all further proceedings in this case, which was then less than three months from being ready for trial. That stay is now dissolved. The parties are directed to complete a new case management plan, using the template available on the Courts website and inserting a ready-for-trial date three months from the date of this order. The parties shall email this proposed case management plan to Chambers and then initiate a joint phone conference with the Court's law clerk within one week of the entry of this order. SO ORDERED. (Signed by Judge Jed S. Rakoff on 6/27/2022) (kv)
June 9, 2022 Opinion or Order Filing 85 RESPONSE re: #84 Notice (Other), To Notice of Supplemental Authority. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Brownell, Conor)
June 6, 2022 Opinion or Order Filing 84 NOTICE of Notice of Supplemental Authority. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Exhibit Exhibit A - Opinion and Order dated June 6, 2022 Re: Fleetwood Services, LLC v. Ram Capital Funding, LLC Case No. 20-cv-5120).(Heskin, Shane)
May 27, 2022 Opinion or Order Filing 83 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #68 MOTION to Dismiss . Plaintiffs Supplemental Memorandum of Law on The Application of North Carolina and Texas Law. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Exhibit Exhibit A - Reply Memorandum of Law In Further Support of Petitioners' Application for Summary Determination In Response To Memorandum of Jonathan Braun Re: People of the State of New York, by Letitia James, Attorney General of the State of New York v. Richmond Capital Group, LLC, et al., Supreme Court of The State of New York, New York County Index No. 451368/2020, #2 Exhibit Exhibit B - Order Denying Plaintiff's Traditional Motion For Summary Judgment Against Defendants Re: Austin Business Finance, LLC v. Nicole L. Carpenter, In The District Court, 126th Judicial District, Travis County Texas Cause No. D-1-GN-21-005368).(Heskin, Shane)
May 27, 2022 Opinion or Order Filing 82 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #68 MOTION to Dismiss . . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Isaac Wolf, Yitzchok Wolf..(Brownell, Conor)
May 13, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 5/13/2022 re: #68 MOTION to Dismiss . filed by Alpha Recovery Partners, LLC, Joseph Kroen, Funding 123 LLC, Yitzchok Wolf, Merchant Capital LLC, Josef Brezel, Yisroel C. Getter, GoFund Advance, LLC. The parties shall file supplemental briefs of no more than 10 pages double-spaced by 5/27/22 addressing how North Carolina and Texas usury laws would treat the merchant cash advance agreements and the allegations in the operative complaint. All discovery and briefing deadlines in the case management plan are stayed until the Court issues a bottom-line order on the pending motion to dismiss. (Kotowski, Linda)
May 12, 2022 Opinion or Order Filing 81 NOTICE OF APPEARANCE by Conor Eric Brownell on behalf of Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Isaac Wolf, Yitzchok Wolf..(Brownell, Conor)
May 5, 2022 Opinion or Order Filing 80 ORDER FOR ADMISSION PRO HAC VICE granting #79 Motion for Rachel J. Eisenhaure to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Jed S. Rakoff on 5/5/2022) (kv)
May 4, 2022 Opinion or Order Filing 79 MOTION for Rachel J. Eisenhaure to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26102709. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission Pro Hac, #2 Text of Proposed Order Proposed Order re Motion for Admission Pro Hac Vice).(Eisenhaure, Rachel)
April 22, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: The argument on the pending motion to dismiss is hereby adjourned to 5/13/2022 at 11:30 AM before Judge Jed S. Rakoff in Courtroom 14B, 500 Pearl St. (Kotowski, Linda)
April 20, 2022 Opinion or Order Filing 78 AFFIDAVIT OF SERVICE of Defendants' Memorandum of Law in support of Partial Motion to Dismiss; Notice of Filing Exhibit J served on White and Williams LLP on 4-20-2022. Service was made by Mail. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Mueller, John)
April 20, 2022 Opinion or Order Filing 77 NOTICE of Filing re: #69 Declaration in Support of Motion,. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf. (Attachments: #1 Exhibit Exhibit J to March 31, 2022 Brezel Affidavit).(Mueller, John)
April 20, 2022 Opinion or Order Filing 76 MEMORANDUM OF LAW in Support re: #68 MOTION to Dismiss . . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Mueller, John)
April 18, 2022 Opinion or Order Filing 75 CIVIL CASE MANAGEMENT PLAN: The Case may to be tried to a jury. Motions due by 7/13/2022. Responses due by 7/23/2022 Replies due by 7/30/2022. Deposition due by 6/30/2022. Discovery due by 6/30/2022. Oral Argument set for 6/27/2022 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. Final Pretrial Conference set for 8/11/2022 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. Ready for Trial by 8/8/2022. (Signed by Judge Jed S. Rakoff on 4/15/2022) (kv)
April 13, 2022 Opinion or Order Filing 74 AFFIDAVIT of Robert Clinton in Opposition re: #68 MOTION to Dismiss .. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Text messages).(Heskin, Shane)
April 13, 2022 Opinion or Order Filing 73 DECLARATION of Shane Heskin in Opposition re: #68 MOTION to Dismiss .. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Tucker Indictment, #2 Hallinan Indictment, #3 Complaint - part 1, #4 Complaint - part 2, #5 Letter to CT AG, #6 Email to NY AG, #7 Email to NY AG).(Heskin, Shane)
April 13, 2022 Opinion or Order Filing 72 MEMORANDUM OF LAW in Opposition re: #68 MOTION to Dismiss . . Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
April 1, 2022 Opinion or Order Filing 71 CERTIFICATE OF SERVICE of Defendants' Memorandum of Law in support of Partial Motion to Dismiss; Affidavit of Yosef Brezel; Declaration of John A. Mueller served on White and Williams LLP on 4-1-2022. Service was made by Mail. Document filed by Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf..(Mueller, John)
March 31, 2022 Opinion or Order Filing 70 DECLARATION of John A. Mueller in Support re: #68 MOTION to Dismiss .. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf. (Attachments: #1 Exhibit, #2 Exhibit).(Mueller, John)
March 31, 2022 Opinion or Order Filing 69 DECLARATION of Yosef Brezel in Support re: #68 MOTION to Dismiss .. Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit).(Mueller, John)
March 31, 2022 Opinion or Order Filing 68 MOTION to Dismiss . Document filed by Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf. Responses due by 4/13/2022 Return Date set for 4/26/2022 at 09:00 AM..(Mueller, John)
March 30, 2022 Opinion or Order Filing 67 NOTICE OF APPEARANCE by John Albert Mueller on behalf of Alpha Recovery Partners, LLC..(Mueller, John)
March 21, 2022 Opinion or Order Filing 66 MEMORANDUM ORDER: For the reasons set forth above, the Court grants Haymount's motion for a preliminary injunction. During the pendency of this case, Go Fund is enjoined from continuing to debit unauthorized monetary amounts from bank accounts belonging to Haymount or Dr. Clinton and from freezing bank accounts, health insurance accounts, assets and receivables belonging to Haymount or Dr. Clinton. GoFund is further enjoined to withdraw and retract any UCC Lien Letters sent to third parties and to direct any other person or entity acting on its behalf to do the same. The Clerk is directed to apply the $5,000 bond previously posted in connection with the temporary restraining order to the preliminary injunction as a bond thereon. SO ORDERED. (Signed by Judge Jed S. Rakoff on 3/21/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.
March 21, 2022 Opinion or Order Filing 65 AFFIDAVIT of Yosef Brezel in Opposition re: #36 Order to Show Cause,,,,,,,,,. Document filed by Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Isaac Wolf, Yitzchok Wolf. (Attachments: #1 Exhibit A - GFA Agreement, #2 Exhibit B - GFA's Payment History, #3 Exhibit C - Update Schedule).(Mueller, John)
March 21, 2022 Opinion or Order Filing 64 AFFIDAVIT of Yisroel Getter in Opposition re: #36 Order to Show Cause,,,,,,,,,. Document filed by Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf. (Attachments: #1 Exhibit A - Funding 123 Agreement, #2 Exhibit B - Text Message, #3 Exhibit C - Funding 123's Payment History).(Mueller, John)
March 21, 2022 Opinion or Order Filing 63 AFFIDAVIT of Robert A. Clinton, Jr. in Support re: #39 Memorandum of Law in Support, #36 Order to Show Cause,,,,,,,,, #37 Proposed Order to Show Cause Without Emergency Relief, #38 Affidavit in Support, #62 Affidavit in Support,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Exhibit Exhibit A - Text Messages).(Heskin, Shane)
March 17, 2022 Opinion or Order Filing 62 AFFIDAVIT of Robert A. Clinton, Jr. in Support re: #39 Memorandum of Law in Support, #37 Proposed Order to Show Cause Without Emergency Relief, #38 Affidavit in Support,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine. (Attachments: #1 Exhibit Exhibit A - Text Messages).(Heskin, Shane)
March 17, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Show Cause Hearing held on 3/17/2022, (Deft's Motion to Dismiss due 3/31/2022, Response 4/13/2002, replies 4/20/2022, Oral Argument set for 4/26/2022 at 09:00 AM before Judge Jed S. Rakoff.). (Kotowski, Linda)
March 16, 2022 Opinion or Order Filing 61 MEMORANDUM OF LAW in Opposition re: #36 Order to Show Cause,,,,,,,,, . Document filed by GoFund Advance, LLC..(Mueller, John)
March 16, 2022 Opinion or Order Filing 60 AFFIDAVIT of Yosef Brezel in Opposition re: #36 Order to Show Cause,,,,,,,,,. Document filed by GoFund Advance, LLC. (Attachments: #1 Exhibit A - Purchase Agreement, #2 Exhibit B - GFA's Payment History, #3 Exhibit C - Update Schedule).(Mueller, John)
March 16, 2022 Opinion or Order Filing 59 AFFIDAVIT of Yosef Brezel in Opposition re: #36 Order to Show Cause,,,,,,,,,. Document filed by GoFund Advance, LLC..(Mueller, John)
March 16, 2022 Opinion or Order Filing 58 AFFIDAVIT of Yisroel Getter in Opposition re: #36 Order to Show Cause,,,,,,,,,. Document filed by GoFund Advance, LLC. (Attachments: #1 Exhibit A - Funding 123 Agreement, #2 Exhibit B - Text Message, #3 Exhibit C - Funding 123's Payment History).(Mueller, John)
March 16, 2022 Opinion or Order Filing 57 AFFIDAVIT of Mechie Gross in Opposition re: #36 Order to Show Cause,,,,,,,,,. Document filed by GoFund Advance, LLC. (Attachments: #1 Exhibit A - Email Dated April 7, 2022).(Mueller, John)
March 16, 2022 Opinion or Order Filing 56 UNDERTAKING ON TEMPORARY RESTRAINING ORDER, BOND #3495394 in the amount of $5,000.00 posted by Plaintiffs.(km)
March 15, 2022 Opinion or Order Filing 55 AFFIDAVIT OF SERVICE of Order To Show Cause For Temporary Restraining Order and Preliminary Injunction served on Funding 123 LLC on March 14, 2022. Service was accepted by Amy McCallum, Authorized Agent of Registered Agent, Hassett & George. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 15, 2022 Opinion or Order Filing 54 AFFIDAVIT OF SERVICE of Order To Show Cause For Temporary Restraining Order and Preliminary Injunction served on GoFund Advance LLC on March 14, 2022. Service was accepted by Amy McCallum, Authorized Agent of Registered Agent, Hassett & George. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 15, 2022 Opinion or Order Filing 53 AFFIDAVIT OF SERVICE of Order To Show Cause For Temporary Restraining Order and Preliminary Injunction served on Merchant Capital LLC on March 14, 2022. Service was accepted by Amy McCallum, Authorized Agent of Registered Agent, Hassett & George. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 15, 2022 Opinion or Order Filing 52 AFFIDAVIT OF SERVICE of Order To Show Cause For Temporary Restraining Order and Preliminary Injunction served on Yitzchok Wolf on March 14, 2022. Service was accepted by Abraham, (Cashier). Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 15, 2022 Opinion or Order Filing 51 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Yitzchok Wolf served on 3/14/2022, answer due 4/4/2022. Service was accepted by Abraham, (Cashier). Document filed by Robert A. Clinton, Jr; Christopher A. Turrentine; Haymount Urgent Care PC; Indigo Installations, Inc...(Heskin, Shane)
March 15, 2022 Opinion or Order Filing 50 AFFIDAVIT OF SERVICE of Order To Show Cause For Temporary Restraining Order and Preliminary Injunction served on Josef Brezel on March 14, 2022. Service was accepted by Pamela Brezel, wife. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 15, 2022 Opinion or Order Filing 49 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Josef Brezel served on 3/14/2022, answer due 4/4/2022. Service was accepted by Pamela Brezel, wife. Document filed by Robert A. Clinton, Jr; Christopher A. Turrentine; Haymount Urgent Care PC; Indigo Installations, Inc...(Heskin, Shane)
March 15, 2022 Opinion or Order Filing 48 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Alpha Recovery Partners, LLC served on 3/14/2022, answer due 4/4/2022. Service was accepted by John Doe. Document filed by Robert A. Clinton, Jr; Christopher A. Turrentine; Haymount Urgent Care PC; Indigo Installations, Inc...(Heskin, Shane)
March 15, 2022 Opinion or Order Filing 47 AFFIDAVIT OF SERVICE of Order To Show Cause For Temporary Restraining Order and Preliminary Injunction served on Alpha Recovery Partners, LLC on March 14, 2022. Service was accepted by John Doe. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 15, 2022 Opinion or Order Filing 46 NOTICE OF APPEARANCE by John Albert Mueller on behalf of Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Isaac Wolf, Yitzchok Wolf..(Mueller, John)
March 15, 2022 Opinion or Order Filing 45 AFFIDAVIT OF SERVICE of Order To Show Cause For Temporary Restraining Order and Preliminary Injunction served on Joseph Kroen on March 14, 2022. Service was accepted by Esther Kroen, wife. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 15, 2022 Opinion or Order Filing 44 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Joseph Kroen served on 3/14/2022, answer due 4/4/2022. Service was accepted by Esther Kroen, wife. Document filed by Robert A. Clinton, Jr; Christopher A. Turrentine; Haymount Urgent Care PC; Indigo Installations, Inc...(Heskin, Shane)
March 15, 2022 Opinion or Order Filing 43 AFFIDAVIT OF SERVICE of Order To Show Cause For Temporary Restraining Order and Preliminary Injunction served on Yisroel C. Getter on March 14, 2022. Service was accepted by Rivka Getter. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 15, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Since the show cause hearing on the motion for a preliminary injunction is set for 10:00 on March 17, 2022, the same day as the originally scheduled initial pre-trial conference, the Court orders that the IPC shall be adjourned sine die. ( Show Cause Hearing set for 3/17/2022 at 10:00 AM before Judge Jed S. Rakoff.). (Kotowski, Linda)
March 14, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff:. Show Cause Hearing set for 3/17/2022 at 10:00 AM before Judge Jed S. Rakoff in courtroom 14B, 500 Pearl Street. (Kotowski, Linda)
March 11, 2022 Opinion or Order Filing 42 ELECTRONIC SUMMONS ISSUED as to Yitzchok Wolf. (sj)
March 11, 2022 Opinion or Order Filing 41 REQUEST FOR ISSUANCE OF SUMMONS as to Yitzchok ("Isaac") Wolf, re: #28 Amended Complaint,,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 11, 2022 Opinion or Order Filing 40 AFFIRMATION OF SHANE HESKIN IN SUPPORT OF THE ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER in Support re: #37 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(kv)
March 11, 2022 Opinion or Order Filing 39 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION in Support re: #37 Proposed Order to Show Cause Without Emergency Relief. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(kv)
March 11, 2022 Opinion or Order Filing 38 AFFIDAVIT OF ROBERT A. CLINTON IN SUPPORT OF THE MOTION FOR TEMPORARY RESTRAINING ORDER in Support re: #37 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(kv)
March 11, 2022 Opinion or Order Filing 37 ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(kv) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
March 11, 2022 Opinion or Order Filing 36 ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Upon the affidavits of Robert A. Clinton, Jr., sworn to the 10th Day of March, 2022, and upon the copy of the Complaint and Amended Complaint hereto annexed, it is ORDERED, that the above named Defendants show cause before a motion term of this Court, at Room 14-B, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on March 17, 2022 at 10 o'clock in the forenoon thereof, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal rules of Civil Procedure enjoining the defendant during the pendency of this action from: (i) Restraining and enjoining Defendants from continuing to debit unauthorized monetary amounts from the Plaintiffs' bank accounts; (ii) Restraining and enjoining the Defendants from freezing Plaintiffs' bank accounts and health insurance accounts, assets and receivables; and (iii) directing Defendants to withdraw and retract any and all UCC Lien Letters sent to third parties; And it is further ORDERED that, sufficient reason having been shown therefor, pending the hearing of Plaintiffs application for a preliminary injunction, pursuant to Rule 65, Fed. R. Civ. P., the defendant is temporarily restrained and enjoined from (i) continuing to debit unauthorized monetary amounts from the Plaintiffs' bank accounts; (ii) freezing Plaintiffs' bank accounts and health insurance accounts, assets and receivables; and (iii) Defendants are further directed to withdraw and retract any and all UCC Lien Letters sent to third parties; And it is further ORDERED that personal service of a copy of this order and annexed affidavit upon the defendants or their counsel on or before 5:00 o'clock in the afternoon, March 14, 2022 shall be deemed good and sufficient service thereof. Defendants may submit papers in advance of the hearing but no later than 5:00 p.m. on 3/16/2022. Plaintiffs must post a bond in the amount of $5,000 by 5:00 p.m. on 3/16/2022. Show Cause Hearing set for 3/17/2022 at 10:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 3/11/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.
March 10, 2022 Opinion or Order Filing 35 ELECTRONIC SUMMONS ISSUED as to Joseph Kroen. (vf)
March 10, 2022 Opinion or Order Filing 34 ELECTRONIC SUMMONS ISSUED as to Josef Brezel. (vf)
March 10, 2022 Opinion or Order Filing 33 ELECTRONIC SUMMONS ISSUED as to Alpha Recovery Partners, LLC. (vf)
March 10, 2022 Opinion or Order Filing 32 FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Yitzchok ("Isaac") Wolf, re: #28 Amended Complaint,,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane) Modified on 3/10/2022 (vf).
March 10, 2022 Opinion or Order Filing 31 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Kroen, re: #28 Amended Complaint,,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 10, 2022 Opinion or Order Filing 30 REQUEST FOR ISSUANCE OF SUMMONS as to Josef Brezel, re: #28 Amended Complaint,,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 10, 2022 Opinion or Order Filing 29 REQUEST FOR ISSUANCE OF SUMMONS as to Alpha Recovery Partners, LLC, re: #28 Amended Complaint,,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 10, 2022 Opinion or Order Filing 28 AMENDED COMPLAINT amending #1 Complaint, #22 Amended Complaint,,, against Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Yitzchok Wolf.Document filed by Robert A. Clinton, Jr, Christopher A. Turrentine, Haymount Urgent Care PC, Indigo Installations, Inc.. Related document: #1 Complaint, #22 Amended Complaint,,,. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11).(Heskin, Shane)
March 10, 2022 Opinion or Order Filing 27 REQUEST FOR ISSUANCE OF SUMMONS as to Yitzchok Wolf a/k/a Isaac Wolf, re: #22 Amended Complaint,, #1 Complaint,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 10, 2022 Opinion or Order Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Kroen, re: #22 Amended Complaint,, #1 Complaint,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 10, 2022 Opinion or Order Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to Josef Brezel, re: #22 Amended Complaint,, #1 Complaint,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 10, 2022 Opinion or Order Filing 24 REQUEST FOR ISSUANCE OF SUMMONS as to Alpha Recovery Partners, LLC, re: #22 Amended Complaint,, #1 Complaint,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Christopher A. Turrentine..(Heskin, Shane)
March 10, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Shane R. Heskin to RE-FILE Document No. #32 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Defendant party name error. Defendant party name does not correspond exactly to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
March 10, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Shane R. Heskin to RE-FILE Document No. #25 Request for Issuance of Summons, #26 Request for Issuance of Summons, #27 Request for Issuance of Summons, #24 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and re-file your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
March 10, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/10/2022 without transcription or recording. Counsel for Plaintiff were present. Service upon Defendants having been effectuated, the Court granted Plaintiff leave to file a motion for a temporary restraining order. (Kotowski, Linda)
March 10, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Initial Conference set for 3/17/2022 at 11:15 AM before Judge Jed S. Rakoff.)The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. (Kotowski, Linda)
March 10, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Shane R. Heskin to RE-FILE Document No. #22 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Isaac Wolf is not listed in caption and should not be selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
March 10, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shane R. Heskin. The party information for the following party/parties has been modified: Christopher A. Turrentine, Yitzchok Wolf. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj)
March 9, 2022 Opinion or Order Filing 23 ORDER FOR INITIAL PRETRIAL CONFERENCE: DATE AND PLACE OF CONFERENCE: 3-17-2022, ON A TELECONFERENCE LINE AT 11:00 am. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. Initial Conference set for 3/17/2022 at 11:00 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 3/9/2022) (kv)
March 9, 2022 Opinion or Order Filing 22 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending #1 Complaint against Alpha Recovery Partners, LLC, Josef Brezel, Funding 123 LLC, Yisroel C. Getter, GoFund Advance, LLC, Joseph Kroen, Merchant Capital LLC, Isaac Wolf, Yitzchok Wolf.Document filed by Robert A. Clinton, Jr, Christopher A. Turrentine, Haymount Urgent Care PC, Indigo Installations, Inc.. Related document: #1 Complaint. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11).(Heskin, Shane) Modified on 3/10/2022 (sj).
March 9, 2022 Opinion or Order ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Alpha Recovery Partners, LLC, Joseph Kroen, Yitzchok Wolf, Christopher A. Turrentine, Josef Brezel added. Party added pursuant to #1 Complaint,.Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC, Indigo Installations, Inc., Alpha Recovery Partners, LLC, Joseph Kroen, Yitzchok Wolf, Christopher A. Turrentine, Josef Brezel. Related document: #1 Complaint,..(Heskin, Shane)
March 2, 2022 Opinion or Order Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,. Merchant Capital LLC served on 3/2/2022, answer due 3/23/2022. Service was accepted by Amy McCallum, Administrative Assistant/ Managing Agent of Registered Agent Hassett & George. Document filed by Haymount Urgent Care PC; Robert A. Clinton, Jr..(Heskin, Shane)
March 2, 2022 Opinion or Order Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint,. GoFund Advance, LLC served on 3/2/2022, answer due 3/23/2022. Service was accepted by Amy McCallum, Administrative Assistant/ Managing Agent of Registered Agent Hassett & George. Document filed by Haymount Urgent Care PC; Robert A. Clinton, Jr..(Heskin, Shane)
March 2, 2022 Opinion or Order Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint,. Funding 123 LLC served on 3/2/2022, answer due 3/23/2022. Service was accepted by Amy McCallum, Administrative Assistant/Managing Agent of Registered Agent Hassett & George. Document filed by Haymount Urgent Care PC; Robert A. Clinton, Jr..(Heskin, Shane)
March 1, 2022 Opinion or Order Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint,. Yisroel C. Getter served on 2/27/2022, answer due 3/21/2022. Service was accepted by Yisroel C. Getter. Document filed by Haymount Urgent Care PC; Robert A. Clinton, Jr..(Heskin, Shane)
February 28, 2022 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Agatha Christina Mingos on behalf of Robert A. Clinton, Jr, Haymount Urgent Care PC..(Mingos, Agatha)
February 28, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/28/2022. The Court denied Plaintiff leave to file a motion for an order to show case why a temporary restraining order should not issue, because Plaintiff has neither attempted to serve the defendants nor notified the defendants of its intent to file a motion for a TRO. Plaintiff may renew its motion for leave to file after service has been effected. (Kotowski, Linda)
February 17, 2022 Opinion or Order Filing 16 ELECTRONIC SUMMONS ISSUED as to Yisroel C. Getter..(lal)
February 17, 2022 Opinion or Order Filing 15 ELECTRONIC SUMMONS ISSUED as to Merchant Capital LLC..(lal)
February 17, 2022 Opinion or Order Filing 14 ELECTRONIC SUMMONS ISSUED as to Funding 123 LLC..(lal)
February 17, 2022 Opinion or Order Filing 13 ELECTRONIC SUMMONS ISSUED as to Isaac Wolf..(lal)
February 17, 2022 Opinion or Order Filing 12 ELECTRONIC SUMMONS ISSUED as to GoFund Advance, LLC..(lal)
February 16, 2022 Opinion or Order Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Yisroel C. Getter, re: #1 Complaint,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
February 16, 2022 Opinion or Order Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Merchant Capital, LLC, re: #1 Complaint,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
February 16, 2022 Opinion or Order Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Funding 123, LLC, re: #1 Complaint,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
February 16, 2022 Opinion or Order Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Isaac Wolf, re: #1 Complaint,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
February 16, 2022 Opinion or Order Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to GoFund Advance,LLC, re: #1 Complaint,. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane)
February 15, 2022 Opinion or Order Filing 6 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Yisroel C. Getter, re: #1 Complaint. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane) Modified on 2/15/2022 (sj).
February 15, 2022 Opinion or Order Filing 5 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Merchant Capital, LLC, re: #1 Complaint. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane) Modified on 2/15/2022 (sj).
February 15, 2022 Opinion or Order Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Funding 123, LLC, re: #1 Complaint. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane) Modified on 2/15/2022 (sj).
February 15, 2022 Opinion or Order Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to GoFund Advance, LLC, re: #1 Complaint. Document filed by Robert A. Clinton, Jr, Haymount Urgent Care PC..(Heskin, Shane) Modified on 2/15/2022 (sj).
February 15, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shane R. Heskin. The party information for the following party/parties has been modified: Haymount Urgent Care PC, Robert A. Clinton Jr., GoFund Advance, LLC, Funding 123, LLC, Merchant Capital LLC, Isaac Wolf, Yisroel C. Getter. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (sj)
February 15, 2022 Opinion or Order Case Designated ECF. (sj)
February 15, 2022 Opinion or Order Magistrate Judge Katharine H. Parker 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)
February 15, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Shane R. Heskin. The following case opening statistical information was erroneously selected/entered: Cause of Action code 18:1964; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 18:1962; the County code has been modified to XX Out of State. (sj)
February 15, 2022 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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)
February 15, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Shane R. Heskin to RE-FILE Document No. #5 Request for Issuance of Summons, #4 Request for Issuance of Summons, #3 Request for Issuance of Summons, #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official standard A.O. Summons form dated 6/12. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
February 14, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Heskin, Shane)
February 14, 2022 Opinion or Order Filing 1 COMPLAINT against Funding 123 LLC, Yisroel G Getter, GoFund Advance, LLC, Merchant Capital LLC, Isaac Wolf. (Filing Fee $ 402.00, Receipt Number ANYSDC-25731110)Document filed by Haymount Urgent Care PC, Robert A. Clinton, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Heskin, Shane)

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Search for this case: Haymount Urgent Care PC et al v. GoFund Advance, LLC et al
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Counter defendant: Haymount Urgent Care PC
Represented By: Shane R. Heskin
Represented By: Agatha Christina Mingos
Represented By: Rachel J Eisenhaure
Represented By: David S. Almeida
Represented By: Alex David Corey
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Counter defendant: Robert A. Clinton, Jr.
Represented By: Shane R. Heskin
Represented By: Agatha Christina Mingos
Represented By: Rachel J Eisenhaure
Represented By: David S. Almeida
Represented By: Alex David Corey
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Counter defendant: Indigo Installations, Inc.
Represented By: Shane R. Heskin
Represented By: Rachel J Eisenhaure
Represented By: David S. Almeida
Represented By: Alex David Corey
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Counter defendant: Christopher A. Turrentine
Represented By: Shane R. Heskin
Represented By: Rachel J Eisenhaure
Represented By: David S. Almeida
Represented By: Alex David Corey
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Defendant: GoFund Advance, LLC
Represented By: John Albert Mueller
Represented By: Conor Eric Brownell
Represented By: Richard Cipolla
Represented By: Edward John Normand
Represented By: Kyle William Roche
Represented By: Daniel Martin Stone
Represented By: Devin Freedman
Represented By: Jordana Lauren Haviv
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Defendant: Funding 123 LLC
Represented By: John Albert Mueller
Represented By: Conor Eric Brownell
Represented By: Richard Cipolla
Represented By: Devin Freedman
Represented By: Edward John Normand
Represented By: Kyle William Roche
Represented By: Daniel Martin Stone
Represented By: Jordana Lauren Haviv
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Defendant: Merchant Capital LLC
Represented By: John Albert Mueller
Represented By: Conor Eric Brownell
Represented By: Daniel Martin Stone
Represented By: Kyle William Roche
Represented By: Richard Cipolla
Represented By: Devin Freedman
Represented By: Edward John Normand
Represented By: Jordana Lauren Haviv
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Defendant: Isaac Wolf
Represented By: John Albert Mueller
Represented By: Conor Eric Brownell
Represented By: Kyle William Roche
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Defendant: Alpha Recovery Partners, LLC
Represented By: John Albert Mueller
Represented By: Conor Eric Brownell
Represented By: Edward John Normand
Represented By: Daniel Martin Stone
Represented By: Devin Freedman
Represented By: Richard Cipolla
Represented By: Jordana Lauren Haviv
Represented By: Kyle William Roche
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Defendant: Joseph Kroen
Represented By: John Albert Mueller
Represented By: Conor Eric Brownell
Represented By: Edward John Normand
Represented By: Kyle William Roche
Represented By: Jordana Lauren Haviv
Represented By: Daniel Martin Stone
Represented By: Devin Freedman
Represented By: Richard Cipolla
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Defendant: Josef Brezel
Represented By: John Albert Mueller
Represented By: Conor Eric Brownell
Represented By: Kyle William Roche
Represented By: Richard Cipolla
Represented By: Daniel Martin Stone
Represented By: Devin Freedman
Represented By: Edward John Normand
Represented By: Jordana Lauren Haviv
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Counter claimant: Yisroel C. Getter
Represented By: John Albert Mueller
Represented By: Conor Eric Brownell
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Counter claimant: Yitzchok Wolf
Represented By: John Albert Mueller
Represented By: Conor Eric Brownell
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