Lateral Recovery LLC et al v. BMF Advance, LLC et al
| Lateral Recovery LLC, Benchmark Builders, Inc., FTE Networks, Inc., Jus-Com LLC and Focus Wireless, LLC |
| BMF Advance, LLC, HOP Capital, LLC, ISACCOV Investment, Inc., Joseph Yitzchakov, Gavriel Yitzchakov, Joseph Isaacov, Gabe Isaacov, Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov, Gavriel Yitzchakov a.k.a. Gabe Isaacov and John and Jane Doe Investors |
| 1:2022cv02170 |
| March 16, 2022 |
| U.S. District Court for the Southern District of New York |
| Andrew L Carter |
| Jennifer L Rochon |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| None |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
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Filing 119
ORDER granting #118 Motion for Niraj Thakker to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #118 MOTION for Niraj Thakker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28023660. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 118
MOTION for Niraj Thakker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28023660. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gavriel Yitzchakov a.k.a. Gabe Isaacov. (Attachments: #1 Affidavit of Niraj Thakker, #2 Exhibit A, #3 Text of Proposed Order [Proposed] Order).(Thakker, Niraj)
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Filing 117
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/30/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 116
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/30/2023 before Judge Jennifer L. Rochon. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320. 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 7/11/2023. Redacted Transcript Deadline set for 7/21/2023. Release of Transcript Restriction set for 9/18/2023..(McGuirk, Kelly)
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Filing 115
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have taken place. The parties have conferred pursuant to Federal Rule of Civil Procedure 26(f). The parties have conferred about the basis of subject-matter jurisdiction and agree that subject-matter jurisdiction exists. Depositions shall be completed no later than August 10, 2023. The case is to be tried to a jury. Estimate length of trial 4-6 days. Expert Deposition due by 10/2/2023. Fact Discovery due by 8/17/2023. Expert Discovery due by 10/2/2023. Discovery due by 10/2/2023. Case Management Conference set for 11/2/2023 at 12:00 PM before Judge Jennifer L. Rochon. Pretrial Conference set for 11/2/2023 at 12:00 PM before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 6/16/2023) (tg)
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Filing 114
PROPOSED CASE MANAGEMENT PLAN. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov..(Denker, Stephanie)
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Filing 113
ORDER granting #112 Letter Motion for Extension of Time to Complete Discovery. Request GRANTED subject to Defendants' promptly filing a proposed revised amended case management plan and scheduling order consistent with the dates set forth herein. SO ORDERED. Deposition due by 8/10/2023. Discovery due by 10/2/2023. (Signed by Judge Jennifer L. Rochon on 6/15/2023) (tg)
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Filing 112
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jennifer L. Rochon from Hilda Piloto dated June 15, 2023. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov..(Denker, Stephanie)
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Set/Reset Deadlines: ( Expert Discovery due by 10/2/2023., Fact Discovery due by 8/17/2023.). (tg)
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Filing 111
LETTER addressed to Judge Jennifer L. Rochon from Shane Heskin dated June 8, 2023 re: Notice of Supplemental Authority. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC. (Attachments: #1 Exhibit Second Circuit Fleetwood Decision).(Corey, Alex)
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Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 5/31/2023. Mediation Status due by 6/30/2023. (mnp)
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Filing 109
ORDER denying as moot #102 and #107 Letter Motion for Discovery. Given the parties' agreement at the May 30, 2023 conference to resolve their discovery dispute and withdraw the subpoenas, Defendants' motions to quash are denied as moot. (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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Minute Entry for proceedings held before Judge Jennifer L. Rochon: Discovery Hearing held via Microsoft Teams on 5/30/2023. (aba)
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Filing 108
ORDER granting #106 Letter Motion to Adjourn Conference. Request GRANTED. The conference is hereby adjourned to May 30, 2023 at 3 p.m. SO ORDERED. Status Conference set for 5/30/2023 at 03:00 PM before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 5/24/2023) (jca)
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Filing 107
LETTER MOTION for Discovery to Quash Subpoenas addressed to Judge Jennifer L. Rochon from Hilda Piloto dated May 23, 2023. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov..(Piloto, Hilda)
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Filing 106
LETTER MOTION to Adjourn Conference scheduled for May 25, 2023 addressed to Judge Jennifer L. Rochon from Shane Heskin dated May 23, 2023. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Corey, Alex)
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Filing 105
ORDER: Counsel for the parties shall appear for a remote video conference on May 25, 2023 at 11:00 a.m. to address the pending discovery letter-motion. See ECF No. 102. The parties will receive Microsoft Teams log-in credentials at the email addresses listed on the docket. The public listen-only line may be accessed by dialing Toll-Free Number: 877-336-1831 | Access Code: 5583342. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba)
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Filing 104
LETTER RESPONSE to Motion addressed to Judge Jennifer L. Rochon from Shane Heskin dated May 22, 2023 re: #102 LETTER MOTION for Discovery [To Quash Subpoenas] addressed to Judge Jennifer L. Rochon from Velvel Freedman dated 5/18/2023. . Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC. (Attachments: #1 Exhibit A - Chase Bank Subpoena, #2 Exhibit B - Optimum Bank Subpoena, #3 Exhibit C - Israel Discount Bank of NY Subpoena, #4 Exhibit D - Funderz 964, #5 Exhibit E - Funderz 957-59, #6 Exhibit F - Funderz 954-56).(Heskin, Shane)
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Filing 103
LETTER RESPONSE to Motion addressed to Judge Jennifer L. Rochon from Shane Heskin dated May 18, 2023 re: #102 LETTER MOTION for Discovery [To Quash Subpoenas] addressed to Judge Jennifer L. Rochon from Velvel Freedman dated 5/18/2023. Plaintiffs' Notice of Intent To Respond To Defendants' Letter Motion. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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Filing 102
LETTER MOTION for Discovery [To Quash Subpoenas] addressed to Judge Jennifer L. Rochon from Velvel Freedman dated 5/18/2023. Document filed by Gavriel Yitzchakov a.k.a. Gabe Isaacov..(Freedman, Devin)
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Filing 101
ORDER granting #100 Motion for Steven M. Dickstein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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Filing 100
MOTION for Steven M. Dickstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27728051. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov. (Attachments: #1 Affidavit Affidavit of Steven M. Dickstein in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order on Motion Pro Hac Vice).(Dickstein, Steven)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #100 MOTION for Steven M. Dickstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27728051. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 99
REPLY MEMORANDUM OF LAW in Support re: #89 FIRST MOTION for Judgment on the Pleadings . . Document filed by Gavriel Yitzchakov a.k.a. Gabe Isaacov..(Freedman, Devin)
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Filing 98
REPLY MEMORANDUM OF LAW in Support re: #87 MOTION for Judgment on the Pleadings . . Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov..(Denker, Stephanie)
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Filing 97
ORDER granting #96 Motion for Hilda Piloto to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #96 MOTION for Hilda Piloto to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27661398. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 96
MOTION for Hilda Piloto to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27661398. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Piloto, Hilda)
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FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 5/31/2023 at 10:00 AM in telephone or video conference.(mnp)
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Filing 95
DECLARATION of Shane Heskin in Opposition re: #87 MOTION for Judgment on the Pleadings ., #89 FIRST MOTION for Judgment on the Pleadings .. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC. (Attachments: #1 Exhibit 1 - Part 1 of 3 Form 1 MCA Agreements, #2 Exhibit 1 - Part 2 of 3 Form 1 MCA Agreements, #3 Exhibit 1 - Part 3 of 3 Form 1 MCA Agreements, #4 Exhibit 2 - Part 1 of 2 Form 2 MCA Agreements, #5 Exhibit 2 - Part 2 of 2 Form 2 MCA Agreements).(Heskin, Shane)
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Filing 94
MEMORANDUM OF LAW in Opposition re: #87 MOTION for Judgment on the Pleadings ., #89 FIRST MOTION for Judgment on the Pleadings . Plaintiffs' Memorandum of Law In Opposition To Defendants' FRCP Rule 12(C) Motions For Judgment On The Pleadings. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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Filing 93
ORDER granting #92 Letter Motion for Leave to File Excess Pages. Request GRANTED. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/10/2023) (vfr)
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Filing 92
LETTER MOTION for Leave to File Excess Pages Plaintiff's respectfully submit this letter in accordance with Your Honor's Individual Rule 3(C) to request that Plaintiffs be permitted to file one combined and enlarged 40-page brief in opposition to the motions for judgments on the pleadings filed by (i) Defendant Gavriel Yitzchakov [DE 89-90], and (ii) Defendants Funderz.net LLC and Joseph Yitzchakov [DE 87, 91]. Defendants have consented to Plaintiffs' proposal of an enlarged consolidated brief of 40 pages. addressed to Judge Jennifer L. Rochon from Shane Heskin dated April 10, 2023. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 4/27/2023.(ah)
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Filing 91
AMENDED MEMORANDUM OF LAW in Support re: #87 MOTION for Judgment on the Pleadings . . Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov. (Attachments: #1 Supplement Pursuant to Individual Rule 1.I - Redline to Doc. 88).(Denker, Stephanie)
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Filing 90
MEMORANDUM OF LAW in Support re: #89 FIRST MOTION for Judgment on the Pleadings . . Document filed by Gavriel Yitzchakov a.k.a. Gabe Isaacov, Gavriel Yitzchakov..(Cipolla, Richard)
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Filing 89
FIRST MOTION for Judgment on the Pleadings . Document filed by Gavriel Yitzchakov a.k.a. Gabe Isaacov, Gavriel Yitzchakov. Responses due by 4/24/2023.(Cipolla, Richard)
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Filing 88
MEMORANDUM OF LAW in Support re: #87 MOTION for Judgment on the Pleadings . . Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov..(Jerome, Ryan)
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Filing 87
MOTION for Judgment on the Pleadings . Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov. Responses due by 4/24/2023 (Attachments: #1 Text of Proposed Order Proposed Order).(Jerome, Ryan)
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Filing 86
MEMO ENDORSEMENT on re: #85 Letter, filed by Benchmark Builders, Inc., Lateral Recovery LLC, Jus-Com LLC, Focus Wireless, LLC, FTE Networks, Inc. ENDORSEMENT Plaintiffs report that the parties' discovery dispute raised at ECF No. 84 has been resolved on mutually agreeable terms. Accordingly, the request for a conference to resolve the dispute at ECF No. 84 is DENIED as moot. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/23/2023) (jca)
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Filing 85
LETTER addressed to Judge Jennifer L. Rochon from Shane Heskin dated March 22, 2023 re: Plaintiffs respectfully submit this letter in response to Defendant Gavriel Yitzchakov's March 17, 2023 letter regarding the scheduling of his deposition [DE 84]. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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Filing 84
MEMO ENDORSEMENT on re: #83 Letter filed by Gavriel Yitzchakov, Gavriel Yitzchakov a.k.a. Gabe Isaacov. ENDORSEMENT Plaintiffs shall file a response to this letter by March 22, 2023. While the Court will resolve discovery disputes as necessary, the Court expects the parties to cooperate to the extent possible and strive to reach an amicable resolution of scheduling issues like the one raised in Defendant's letter. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/20/2023) (jca)
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Filing 83
LETTER addressed to Judge Jennifer L. Rochon from Devin Freedman dated March 17, 2023 re: Deposition of Mr. Yitzchakov. Document filed by Gavriel Yitzchakov a.k.a. Gabe Isaacov, Gavriel Yitzchakov..(Freedman, Devin)
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Filing 82
NOTICE OF APPEARANCE by Richard Cipolla on behalf of Gavriel Yitzchakov a.k.a. Gabe Isaacov..(Cipolla, Richard)
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Filing 81
NOTICE OF APPEARANCE by Devin Freedman on behalf of Gavriel Yitzchakov a.k.a. Gabe Isaacov..(Freedman, Devin)
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Filing 80
NOTICE OF APPEARANCE by Ryan Michael Jerome on behalf of Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov..(Jerome, Ryan)
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Filing 79
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program, at the request of the parties. This matter should be assigned to a mediator who has experience with claims brought pursuant to 18 U.S.C. 1962(c) and (d) under the Racketeering Influenced and Corrupt Organizations Act. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court.SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 3/23/2023. (Signed by Judge Jennifer L. Rochon on 3/9/2023) (jca)
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Filing 78
JOINT LETTER addressed to Judge Jennifer L. Rochon from Jennifer L. Beidel dated March 9, 2023 re: Referral to the Court-annexed mediation program. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov..(Denker, Stephanie)
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Filing 77
STIPULATION FOR SUBSTITUTION OF COUNSEL Based upon the stipulation of the parties, the Funderz Defendants request the Court approve the stipulation allowing the substitution of Saul Ewing and its attorneys, Jennifer L. Beidel and Stephanie L. Denker, as lead counsel of record for the Funderz Defendants and, further, allowing the withdrawal of Padfield & Stout, LLP and its attorneys, Brandon J. Gibbons and Mark W. Stout, from representation of the Funderz Defendants. Substitution and Withdrawal of Counsel Approved by the Court. Attorney Jennifer L. Beidel for Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding. Jennifer L. Beidel for Joseph Yitzchakov a.k.a. Joseph Isaacov added. Attorney Brandon James Gibbons terminated. (Signed by Judge Jennifer L. Rochon on 3/6/2023) (jca)
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Filing 76
LETTER addressed to Judge Jennifer L. Rochon from Jennifer L. Beidel dated March 3, 2023 re: Substitution of Counsel for Funderz.net and Joseph Yitzchakov. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov..(Denker, Stephanie)
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Filing 75
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Federal Rule of Civil Procedure 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have taken place. Depositions shall be completed no later than June 26, 2023. The case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 4 to 6 days. Deposition due by 8/17/2023. Fact Discovery due by 7/3/2023. Expert Discovery due by 8/17/2023. Discovery due by 8/17/2023. Case Management Conference set for 9/7/2023 at 10:00 AM before Judge Jennifer L. Rochon. Pretrial Conference set for 9/7/2023 at 10:00 AM before Judge Jennifer L. Rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/2/2023) (jca)
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Filing 74
ORDER As stated on the record at the initial pretrial conference held today, IT IS HEREBY ORDERED that Defendants shall file their anticipated motion(s) pursuant to Rule 12(c) of the Federal Rules of Civil Procedure by March 23, 2023. Plaintiffs shall file their response by April 24, 2023. Defendants shall file any reply by May 8, 2023. IT IS FURTHER ORDERED that the parties shall, by March 9, 2023, file a joint letter stating whether they request a referral to the Court-annexed mediation program. Additionally, as confirmed at the initial pretrial conference, the Court respectfully directs the Clerk of Court to terminate BMF Advance, LLC, HOP Capital, LLC, and ISACCOV Investment, Inc. as Defendants in this action. SO ORDERED. (Motions due by 3/23/2023., Replies due by 5/8/2023., Responses due by 4/24/2023), ISACCOV Investment, Inc., BMF Advance, LLC and HOP Capital, LLC terminated. (Signed by Judge Jennifer L. Rochon on 3/2/2023) (jca)
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Minute Entry for proceedings held before Judge Jennifer L. Rochon: Initial Pretrial Conference held on 3/2/2023. (aba)
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Filing 73
PROPOSED STIPULATION AND ORDER. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov..(Gibbons, Brandon)
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Filing 72
NOTICE OF APPEARANCE by Christopher James Baum on behalf of Gavriel Yitzchakov a.k.a. Gabe Isaacov..(Baum, Christopher)
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Filing 71
JOINT LETTER addressed to Judge Jennifer L. Rochon from Jennifer Beidel dated February 23, 2023 re: Letter per Docket Entry 69. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov. (Attachments: #1 Text of Proposed Order Civil Case Management Plan and Scheduling Order).(Denker, Stephanie)
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Filing 70
NOTICE OF APPEARANCE by Stephanie L Denker on behalf of Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov..(Denker, Stephanie)
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Filing 69
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/2/2023 at 11:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 2/10/2023) (jca)
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Filing 68
JOINT LETTER addressed to Judge Jennifer L. Rochon from Brandon J. Gibbons dated 2/9/2023 re: Joint Letter per Docket Entry 66. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov..(Gibbons, Brandon)
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Filing 67
NOTICE OF APPEARANCE by Howard Foster on behalf of Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov..(Foster, Howard)
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Filing 66
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously-scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. (Signed by Judge Jennifer L. Rochon on 1/26/2023) (ate)
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Filing 65
ORDER granting #64 Motion for Howard W. Foster to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Andrew L. Carter, Jr is no longer assigned to the case. (tro)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #64 MOTION for Howard W. Foster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27235993. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 64
MOTION for Howard W. Foster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27235993. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov. (Attachments: #1 Affidavit Declaration of Howard W. Foster, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Granting the Motion of Howard W. Foster for Admission to Practice Pro Hac Vice).(Wells, Steven)
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Filing 63
LETTER addressed to Judge Andrew L. Carter, Jr. from Shane Heskin dated January 10, 2023 re: Plaintiffs Response To Defendants January 5, 2023 Pre-Motion Letter Requesting Leave To File a Motion For Judgment. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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Filing 62
LETTER addressed to Judge Andrew L. Carter, Jr. from Brandon J. Gibbons dated 01/05/2023 re: Pre-Motion Conference Letter for Leave to File Fed. R. CIV. P. 12(c) Motion. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov..(Gibbons, Brandon)
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Filing 61
ANSWER to #44 Amended Complaint,,,,. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov. (Attachments: #1 Supplement Rule 7.1 Statement).(Gibbons, Brandon)
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Filing 60
ANSWER to #44 Amended Complaint,,,,. Document filed by Gavriel Yitzchakov a.k.a. Gabe Isaacov..(Wells, Steven)
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Filing 59
NOTICE OF APPEARANCE by Alex David Corey on behalf of Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Corey, Alex)
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Filing 58
ORDER terminating #47 Motion to Dismiss; terminating #49 Motion to Dismiss; granting #57 Letter Motion for Extension of Time to Answer re #47 MOTION to Dismiss Amended Complaint., #49 MOTION to Dismiss Amended Complaint., #57 LETTER MOTION for Extension of Time to File Answer and Withdrawal of Docket Entry No. 49 addressed to Judge Andrew L. Carter, Jr. from Brandon J. Gibbons dated November 29, 2022., #1 Complaint. The Clerk of Court is respectfully requested to terminate the motions at ECF Nos. 47, 49 and 57. Defendants' deadline to answer the Amended Complaint is December 29, 2022. BMF Advance, LLC answer due 12/29/2022; Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding answer due 12/29/2022; Gavriel Yitzchakov a.k.a. Gabe Isaacov answer due 12/29/2022; HOP Capital, LLC answer due 12/29/2022; ISACCOV Investment, Inc. answer due 12/29/2022; John and Jane Doe Investors answer due 12/29/2022; Joseph Yitzchakov a.k.a. Joseph Isaacov answer due 12/29/2022; Gavriel Yitzchakov answer due 12/29/2022; Joseph Yitzchakov answer due 12/29/2022. (Signed by Judge Andrew L. Carter, Jr on 11/30/2022) (ate)
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Filing 57
LETTER MOTION for Extension of Time to File Answer and Withdrawal of Docket Entry No. 49 addressed to Judge Andrew L. Carter, Jr. from Brandon J. Gibbons dated November 29, 2022. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Gavriel Yitzchakov, Joseph Yitzchakov..(Gibbons, Brandon)
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Filing 56
DECLARATION of Shane Heskin in Opposition re: #47 MOTION to Dismiss Amended Complaint., #49 MOTION to Dismiss Amended Complaint.. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC. (Attachments: #1 Exhibit Exhibit A - Oct 15 2018 HOP MCA Agreement, #2 Exhibit Exhibit B - October 25, 2018 BMF MCA Agreement, #3 Exhibit Exhibit C - Oct 25 2018 HOP MCA Agreement, #4 Exhibit Exhibit D - Nov 8 2018 BMF MCA Agreement, #5 Exhibit Exhibit E - Nov 8 2018 HOP MCA Agreement, #6 Exhibit Exhibit F - January 2019 to July 2019 email chain between parties, #7 Exhibit Exhibit G - Hi Bar v. Parkway, #8 Exhibit Exhibit H - Lexis Cases).(Heskin, Shane)
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Filing 55
MEMORANDUM OF LAW in Opposition re: #49 MOTION to Dismiss Amended Complaint., #47 MOTION to Dismiss Amended Complaint. Plaintiffs' Memorandum of Law In Opposition To Defendants' Motion To Dismiss The Amended Complaint. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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Filing 54
ORDER granting #53 Letter Motion for Extension of Time. SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 10/6/2022) (kv)
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Set/Reset Deadlines: Responses due by 11/7/2022 Replies due by 11/29/2022. (kv)
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Filing 53
LETTER MOTION for Extension of Time The parties have agreed on a revised briefing schedule and request that the Court revise the briefing schedule for (i) BMF Advance's amended motion to dismiss [DE 40]; (ii) Gavriel Yitzchakov's motion to dismiss [DE 47]; and (iii) Funder.net, LLC's motion to dismiss [DE 49] addressed to Judge Andrew L. Carter, Jr. from Shane Heskin dated October 4, 2022. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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Filing 52
Withdrawn as per Judge's Order dated 11/30/2022, Doc. #58 DECLARATION of Joseph Yitzchakov a/k/a Joseph Isaacoff in Support re: #49 MOTION to Dismiss Amended Complaint.. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov, Joseph Yitzchakov. (Attachments: #1 Exhibit A - October 15, 2018 Hop Merchant Agreement, #2 Exhibit B - October 25, 2018 Hop Merchant Agreement, #3 Exhibit C - October 25, 2015 Business Merchant Agreement, #4 Exhibit D - November 8, 2018 Hop Merchant Agreement, #5 Exhibit E - November 8, 2018 Business Merchant Agreement).(Gibbons, Brandon) Modified on 11/30/2022 (ate). Modified on 11/30/2022 (ate).
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Filing 51
Withdrawn as per Judge's Order dated 11/30/2022, Doc. #58 MEMORANDUM OF LAW in Support re: #49 MOTION to Dismiss Amended Complaint. . Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov, Joseph Yitzchakov..(Gibbons, Brandon) Modified on 11/30/2022 (ate). Modified on 11/30/2022 (ate).
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Filing 50
DECLARATION of Steven W. Wells, Esq. in Support re: #47 MOTION to Dismiss Amended Complaint.. Document filed by Gavriel Yitzchakov a.k.a. Gabe Isaacov. (Attachments: #1 Exhibit 1 - October 15, 2018 HOP Agreement, #2 Exhibit 2 - October 25, 2018 BMF Agreement, #3 Exhibit 3 - October 25, 2018 HOP Agreement, #4 Exhibit 4 - November 8, 2018 BMF Agreement, #5 Exhibit 5 - November 8, 2018 HOP Agreement, #6 Exhibit 6 - Proof of Payment).(Wells, Steven)
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Filing 49
Withdrawn as per Judge's Order dated 11/30/2022, Doc. #58 MOTION to Dismiss Amended Complaint. Document filed by Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov, Joseph Yitzchakov..(Gibbons, Brandon) Modified on 11/30/2022 (ate).
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Filing 48
MEMORANDUM OF LAW in Support re: #47 MOTION to Dismiss Amended Complaint. . Document filed by Gavriel Yitzchakov a.k.a. Gabe Isaacov..(Wells, Steven)
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Filing 47
MOTION to Dismiss Amended Complaint. Document filed by Gavriel Yitzchakov a.k.a. Gabe Isaacov. Responses due by 10/24/2022.(Wells, Steven)
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Filing 46
REVISED STIPULATED SCHEDULING ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties herein, that the time for Defendants to answer or otherwise respond to the Amended Complaint is hereby extended to September 22, 2022. Plaintiffs' consolidated opposition brief to any motion to dismiss is due on October 24, 2022, and any reply briefs by Defendants are due on November 15, 2022. This Stipulation can be executed by facsimile or electronic signature, which shall be deemed to be an original signature. SO ORDERED. LLC answer due 9/22/2022; Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding answer due 9/22/2022; Gavriel Yitzchakov a.k.a. Gabe Isaacov answer due 9/22/2022; HOP Capital, LLC answer due 9/22/2022; ISACCOV Investment, Inc. answer due 9/22/2022; John and Jane Doe Investors answer due 9/22/2022; Joseph Yitzchakov a.k.a. Joseph Isaacov answer due 9/22/2022; Gavriel Yitzchakov answer due 9/22/2022; Joseph Yitzchakov answer due 9/22/2022.( Responses due by 10/24/2022, Replies due by 11/15/2022.) (Signed by Judge Andrew L. Carter, Jr on 9/8/2022) (ate)
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Filing 45
FIRST LETTER MOTION for Extension of Time to answer or otherwise respond to Plaintiffs' Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Steven W. Wells dated 09/06/2022. Document filed by Gavriel Yitzchakov a.k.a. Gabe Isaacov. (Attachments: #1 Text of Proposed Order Proposed Stipulated Scheduling Order).(Wells, Steven)
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Set/Reset Deadlines: Motions due by 9/8/2022. (ate)
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Filing 44
AMENDED COMPLAINT amending #1 Complaint,, against Funderz.net, LLC d/b/a Hop Capital and d/b/a Business Merchant Funding, Joseph Yitzchakov a.k.a. Joseph Isaacov, Gavriel Yitzchakov a.k.a. Gabe Isaacov, John and Jane Doe Investors.Document filed by FTE Networks, Inc., Benchmark Builders, Inc., Jus-Com LLC, Lateral Recovery LLC, Focus Wireless, LLC. Related document: #1 Complaint,,. (Attachments: #1 Exhibit Exhibit 1 - NY AG Action, #2 Exhibit Exhibit 2 - NJ AG Action, #3 Exhibit Exhibit 3 - Gavriel Yitzchakov Affidavit, #4 Exhibit Exhibit 4 - Joseph Isaacov Affidavit, #5 Exhibit Exhibit 5 - HOP Capital NY Secretary of State Records, #6 Exhibit Exhibit 6 - Joe Linkedin Profile, #7 Exhibit Exhibit 7 - Ben Linkedin Profile, #8 Exhibit Exhibit 8 - Gabe Linkedin Profile, #9 Exhibit Exhibit 9 - Simon Linkedin Profile, #10 Exhibit Exhibit 10 - Threatening Text Messages, #11 Exhibit Exhibit 11 - November 8, 2018 BMF MCA Agreement, #12 Exhibit Exhibit 12 - January 2019 email chain between FTE and Joe and Gabe).(Heskin, Shane)
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Filing 43
ORDER terminating #35 Motion to Dismiss; terminating #38 Motion to Dismiss; terminating #40 Motion to Dismiss; granting #42 Letter Motion for Extension of Time. Application granted. Going forward, the parties are reminded to follow the Court's rules with regard to requesting extensions. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 35, 38, and 40. (Signed by Judge Andrew L. Carter, Jr on 8/8/2022) (ate)
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Set/Reset Deadlines: Responses due by 10/10/2022. Replies due by 11/1/2022. (ate)
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Filing 42
LETTER MOTION for Extension of Time We write to request that the Court revise the Briefing Schedule on the Amended Motion To Dismiss [Doc No. 40] addressed to Judge Andrew L. Carter, Jr. from Shane Heskin dated August 5, 2022. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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Filing 41
DECLARATION of Steven W. Wells, Esq. in Support re: #40 AMENDED MOTION to Dismiss .. Document filed by BMF Advance, LLC, ISACCOV Investment, Inc., Gavriel Yitzchakov. (Attachments: #1 Exhibit A - NYS SOS Search - BMF Advance LLC, #2 Exhibit B - Articles of Incorporation Isaacov Investment Inc, #3 Exhibit C - Business Merchant Funding Merchant Agreement 10/25/2018, #4 Exhibit D - Business Merchant Funding Merchant Agreement 11/8/2018, #5 Exhibit Email re Agreements, #6 Exhibit F - NYS SOS Search - Hop Capital Funding (Combined), #7 Exhibit G - NYS SOS Search - Hop Capital, #8 Exhibit H - First Amended Complaint - NRO Boston, LLC v. Yellowstone Capital, LLC, #9 Exhibit I - Complaint - Lateral Recovery LLC v. Queen Funding LLC, #10 Exhibit J - Verified Answer - Panthers Capital LLC v. Fruit Street Healht, #11 Exhibit K - Complaint - Haymount Urgent Care, PC v. GoFund Advance, LLC, et al., #12 Exhibit L - Complaint - Lateral Recovery LLC v. Cap Call, LLC, et al., #13 Exhibit M - Verified Answer - Kingdom Capital v. Parkway Dental Services, LLC, et al., #14 Exhibit N - Complaint - Avantgarde Senior Living, et al. v. GoFund, LLC, et al., #15 Exhibit O - Affidavit of Robert de Silva, #16 Exhibit P - Delaware SOS Search - Lateral Recovery).(Wells, Steven)
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Filing 40
AMENDED MOTION to Dismiss . Document filed by BMF Advance, LLC, ISACCOV Investment, Inc., Gavriel Yitzchakov. Responses due by 8/22/2022.(Wells, Steven)
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Filing 39
MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss . . Document filed by BMF Advance, LLC, ISACCOV Investment, Inc., Gavriel Yitzchakov..(Wells, Steven)
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Filing 38
MOTION to Dismiss . Document filed by BMF Advance, LLC, ISACCOV Investment, Inc., Gavriel Yitzchakov. Responses due by 8/22/2022.(Wells, Steven)
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Filing 37
DECLARATION of Brandon J. Gibbons in Support re: #35 MOTION to Dismiss the Complaint.. Document filed by HOP Capital, LLC, Joseph Yitzchakov. (Attachments: #1 Affidavit Business Records Declaration, #2 Exhibit A - Lateral Assignment, #3 Exhibit B - Lateral Recovery Formation, #4 Exhibit C - UCC Search Report, #5 Exhibit D - Business Merchant Oct. 25 Agreement, #6 Exhibit E - Business Merchant Nov. 8 Agreement, #7 Exhibit F - Hop Capital Oct. 15 Agreement, #8 Exhibit G - Hop Capital Oct. 25 Agreement, #9 Exhibit H - Hop Capital Nov. 8 Agreement, #10 Exhibit I - Isaacov Investments Florida SOS Page, #11 Exhibit J - BMF Advance Certificate of Formation, #12 Exhibit K - Additional Case Citations).(Gibbons, Brandon)
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Filing 36
MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss the Complaint. . Document filed by HOP Capital, LLC, Joseph Yitzchakov..(Gibbons, Brandon)
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Filing 35
MOTION to Dismiss the Complaint. Document filed by HOP Capital, LLC, Joseph Yitzchakov..(Gibbons, Brandon)
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Filing 34
ORDER granting #32 Letter Motion for Extension of Time; granting #33 Letter Motion for Extension of Time. SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 7/7/2022) (kv)
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Set/Reset Deadlines: Motions due by 7/21/2022. Responses due by 8/22/2022 Replies due by 9/5/2022. (kv)
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Filing 33
SUPPLEMENTAL LETTER MOTION for Extension of Time of the briefing schedule on Defendants' anticipated motions to dismiss addressed to Judge Andrew L. Carter, Jr. from Steven W. Wells dated July 6, 2022. Document filed by BMF Advance, LLC, ISACCOV Investment, Inc., Gavriel Yitzchakov..(Wells, Steven)
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Filing 32
SECOND LETTER MOTION for Extension of Time of the briefing schedule on Defendants' anticipated motions to dismiss addressed to Judge Andrew L. Carter, Jr. from Steven W. Wells dated July 6, 2022. Document filed by BMF Advance, LLC, ISACCOV Investment, Inc., Gavriel Yitzchakov..(Wells, Steven)
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Filing 31
ORDER: The Court is in receipt of the parties' letters concerning Defendants' anticipated motions to dismiss. The Court denies the request for a pre-motion conference and grants Defendants leave to file their respective motions to dismiss. The parties shall adhere to the following briefing schedule: Defendants' motions to dismiss due by July 7, 2022. Plaintiffs opposition brief (Plaintiffs shall submit one opposition to Defendants' motions to dismiss) due by August 8, 2022. Defendants' reply briefs due by August 22, 2022. ( Motions due by 7/7/2022., Responses due by 8/8/2022, Replies due by 8/22/2022.) (Signed by Judge Andrew L. Carter, Jr on 6/8/2022) (ate)
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Filing 30
LETTER addressed to Judge Andrew L. Carter, Jr. from Shane R. Heskin dated June 1, 2022 re: Response to Defendants pre-motion letter dated May 27, 2022. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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Filing 29
LETTER addressed to Judge Andrew L. Carter, Jr. from Steven W. Wells dated 05/27/2022 re: requesting permission to file a motion pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss the claims of Plaintiffs. Document filed by BMF Advance, LLC, ISACCOV Investment, Inc., Gavriel Yitzchakov..(Wells, Steven)
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Filing 28
LETTER addressed to Judge Andrew L. Carter, Jr. from Brandon J. Gibbons dated 05/27/2022 re: requesting permission to file a motion pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss the claims of Plaintiffs.. Document filed by HOP Capital, LLC, Joseph Yitzchakov..(Gibbons, Brandon)
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Filing 27
PROPOSED STIPULATION AND ORDER. Document filed by BMF Advance, LLC, ISACCOV Investment, Inc., Gavriel Yitzchakov..(Wells, Steven)
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Filing 26
NOTICE OF APPEARANCE by Steven William Wells on behalf of ISACCOV Investment, Inc...(Wells, Steven)
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Filing 25
ORDER granting #23 Motion for Brandon James Gibbons to Appear Pro Hac Vice; terminating #22 Motion for Brandon James Gibbons to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 5/12/2022) (ate)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 AMENDED MOTION for Brandon James Gibbons to Appear Pro Hac Vice to correct Defendants Represented to HOP Capital, LLC and Joseph Yitzchakov. Motion and supporting papers to be reviewed by Clerk's Office staff.>. The document has been reviewed and there are no deficiencies. (aea)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #24 AMENDED MOTION for Mark Wilson Stout to Appear Pro Hac Vice to correct Defendants Represented to HOP Capital, LLC and Joseph Yitzchakov. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas (not State Bar). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
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Filing 24
FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Mark Wilson Stout to Appear Pro Hac Vice to correct Defendants Represented to HOP Capital, LLC and Joseph Yitzchakov. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HOP Capital, LLC, Joseph Yitzchakov. (Attachments: #1 Affidavit Declaration of Mark Wilson Stout in Support of the Motion for Admission to Appear Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order Granting Admission to Practice Pro Hac Vice).(Stout, Mark) Modified on 5/12/2022 (aea).
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Filing 23
AMENDED MOTION for Brandon James Gibbons to Appear Pro Hac Vice to correct Defendants Represented to HOP Capital, LLC and Joseph Yitzchakov. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HOP Capital, LLC, Joseph Yitzchakov. (Attachments: #1 Affidavit Declaration of Brandon James Gibbons in Support of the Motion for Admission to Appear Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order Proposed Order Granting Admission to Practice Pro Hac Vice).(Gibbons, Brandon)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for Mark Wilson Stout to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26128480. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Cour of Texas;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Brandon James Gibbons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26128558. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 22
MOTION for Brandon James Gibbons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26128558. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BMF Advance, LLC, Gavriel Yitzchakov. (Attachments: #1 Affidavit Declaration of Brandon James Gibbons in Support of the Motion for Admission to Appear Pro Hac Vice, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Proposed Order Granting Admission to Practice Pro Hac Vice).(Gibbons, Brandon)
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Filing 21
FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Mark Wilson Stout to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26128480. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BMF Advance, LLC, Gavriel Yitzchakov. (Attachments: #1 Affidavit Declaration of Mark Wilson Stout in Support of the Motion for Admission to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order Granting Admission to Practice Pro Hac Vice).(Stout, Mark) Modified on 5/11/2022 (vba).
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Filing 20
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties herein, that the time for Defendants, BMF Advance, LLC and Gavriel Yitzchakov a/k/a Gabe Isaacov, to answer or otherwise move with respect to the Complaint dated March 16, 2022 is hereby extended to May 13, 2022. This Stipulation can be executed by facsimile or electronic signature, which shall be deemed to be an original signature. SO ORDERED. BMF Advance, LLC answer due 5/13/2022; Gavriel Yitzchakov answer due 5/13/2022. (Signed by Judge Andrew L. Carter, Jr on 4/25/2022) (ate)
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Filing 19
FIRST LETTER MOTION for Extension of Time addressed to Judge Andrew L. Carter, Jr. from Steven W. Wells dated 04/21/2022. Document filed by BMF Advance, LLC, Gavriel Yitzchakov. (Attachments: #1 Proposed Order Extending Time).(Wells, Steven)
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Filing 18
AFFIDAVIT OF SERVICE of Summons and Complaint,,. BMF Advance, LLC served on 4/1/2022, answer due 4/22/2022. Service was accepted by Sue Zouky, Business Document Specialist, New York State Department of State. Document filed by FTE Networks, Inc.; Benchmark Builders, Inc.; Jus-Com LLC ; Lateral Recovery LLC; Focus Wireless, LLC..(Heskin, Shane)
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Filing 17
ORDER granting #15 Motion for Steven W. Wells to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 4/15/2022) (ate)
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Filing 16
AFFIDAVIT OF SERVICE of Summons and Complaint,,. HOP Capital, LLC served on 4/8/2022, answer due 4/29/2022. Service was accepted by New York Secretary of State. Document filed by FTE Networks, Inc.; Benchmark Builders, Inc.; Jus-Com LLC ; Lateral Recovery LLC; Focus Wireless, LLC..(Heskin, Shane)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Steven W. Wells to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 15
MOTION for Steven W. Wells to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BMF Advance, LLC, Gavriel Yitzchakov. (Attachments: #1 Declaration of Steven W. Wells in Support of the Motion for Admission to Appear Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order Granting Admission to Practice Pro Hac Vice).(Wells, Steven)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #14 MOTION for Steven W. Wells to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25996409. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba)
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Filing 14
FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Steven W. Wells to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25996409. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BMF Advance, LLC, Gavriel Yitzchakov. (Attachments: #1 Declaration of Steven W. Wells in support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing).(Wells, Steven) Modified on 4/13/2022 (vba).
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Filing 13
ELECTRONIC SUMMONS ISSUED as to HOP Capital, LLC..(lal)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to HOP Capital, LLC, re: #1 Complaint,,. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to ISACCOV Investment, Inc...(lal)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to ISACCOV Investment, Inc., re: #1 Complaint,,. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to HOP Capital, LLC..(lal)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to BMF Advance, LLC..(lal)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Shane R. Heskin to RE-FILE Document No. #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name error. 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. (lal)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Hop Capital LLC, re: #1 Complaint,,. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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Filing 6
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Isaacov Investment Inc., re: #1 Complaint,,. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane) Modified on 3/21/2022 (lal).
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to BMF Advance LLC, re: #1 Complaint,,. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Gavriel Yitzchakov..(sj)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Gavriel Yitzchakov a.k.a. Gabe Isaacov, re: #1 Complaint,,. Document filed by Benchmark Builders, Inc., FTE Networks, Inc., Focus Wireless, LLC, Jus-Com LLC, Lateral Recovery LLC..(Heskin, Shane)
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Case Designated ECF. (sj)
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Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shane R. Heskin. The party information for the following party/parties has been modified: Gavriel Yitzchakov, Joseph Yitzchakov. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly. (sj)
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Filing 2
CIVIL COVER SHEET filed..(Heskin, Shane)
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Filing 1
COMPLAINT against BMF Advance, LLC, HOP Capital, LLC, ISACCOV Investment, Inc., Gavriel Yitzchakov, Joseph Yitzchakov. (Filing Fee $ 402.00, Receipt Number ANYSDC-25869363)Document filed by FTE Networks, Inc., Benchmark Builders, Inc., Jus-Com LLC, Lateral Recovery LLC, Focus Wireless, LLC. (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).(Heskin, Shane)
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