Crestmark v. Cabrera Delandestoy et al
| Crestmark |
| Eillien Lorena Cabrera Delandestoy and AY-AY Telco Management Services, LLC |
| 1:2022cv02253 |
| March 18, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on September 2, 2022. A more recent docket listing may be available from PACER.
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Filing 43
ORDER granting #42 Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for May 18, 2022, is ADJOURNED to June 29, 2022, at 4:10 p.m. By June 22, 2022, the parties shall file a joint letter and proposed case management plan. Initial Conference set for 6/29/2022 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/10/2022) (mml)
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| Filing 42 CONSENT LETTER MOTION to Adjourn Conference and Extension of Time to File Joint Letter addressed to Judge Lorna G. Schofield from Christine Cesare dated 5/9/2022. Document filed by Crestmark..(Cesare, Christine) |
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Filing 40
MEMO ENDORSEMENT on re: #39 Letter filed by Eillien Lorena Cabrera Delandestoy: ENDORSEMENT: Application GRANTED. By May 22, 2022, Defendants shall file any response to Plaintiff's motion seeking to confirm the order of attachment. (Responses due by 5/22/2022) (Signed by Judge Lorna G. Schofield on 5/5/2022) (mml)
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| Filing 39 FIRST LETTER addressed to Judge Lorna G. Schofield from Cindy Brown, Esq. dated May 4, 2022 re: Extension of time. Document filed by Eillien Lorena Cabrera Delandestoy..(Brown, Cindy) |
| Filing 41 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Attachment served, on JPMorgan Chase & Co. on 3/23/22. Service was accepted by Kaztik Pandyol, Intake Specialist. Document filed by Crestmark. (sc) |
| Filing 38 AFFIDAVIT OF SERVICE of Preliminary Injunction Order served on Eillien Lorena Cabrera DeLandestoy and AY-AY Telco Management Services, LLC on 04/29/2022. Service was made by Email and FedEx. Document filed by Crestmark..(Cesare, Christine) |
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Filing 37
ORDER: It is hereby ORDERED that, for the reasons outlined in the Court's March 22, 2022, Order granting the TRO (Dkt. No. 14), Plaintiff's motion for a preliminary injunction is GRANTED. It is further ORDERED that Defendant AY-AY Telco shall not access, or otherwise move, interfere or dissipate the $6,164,777.47 withdrawn from Teleescrow Account 175306471, specifically belonging to Crestmark. It is further ORDERED that, by May 3, 2022, Plaintiff shall serve a copy of this Order on Defendants AY-AY Telco and Eillien Loren Cabrera DeLandestoy and shall file an affidavit of service on ECF. (Signed by Judge Lorna G. Schofield on 4/28/2022) (mml)
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Filing 36
ORDER: It is hereby ORDERED that, by May 5, 2022, Defendants shall file any opposition, not to exceed five pages. No reply will be accepted absent leave of court. Responses due by 5/5/2022. (Signed by Judge Lorna G. Schofield on 4/27/2022) (mml)
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Filing 35
ORDER granting #25 Motion for Kevin T. Kavanaugh to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 4/27/2022. Defendant AY-AY Telco Management Services, LLC failed to appear for this conference. (jcs) |
| Filing 34 MEMORANDUM OF LAW in Support re: #32 MOTION To Confirm Order Of Attachment . . Document filed by Crestmark..(Cesare, Christine) |
| Filing 33 DECLARATION of Scott Keusch in Support re: #32 MOTION To Confirm Order Of Attachment .. Document filed by Crestmark..(Cesare, Christine) |
| Filing 32 MOTION To Confirm Order Of Attachment . Document filed by Crestmark..(Cesare, Christine) |
| Filing 31 MEMO ENDORSEMENT on re: #30 Letter Request for extension to file answer filed by Eillien Lorena Cabrera Delandestoy. ENDORSEMENT: Application GRANTED. By May 23, 2022, Defendants shall answer or otherwise respond to the complaint., (Eillien Lorena Cabrera Delandestoy answer due 5/23/2022.) (Signed by Judge Lorna G. Schofield on 4/22/22) (yv) |
| Filing 30 LETTER addressed to Judge Lorna G. Schofield from Cindy Brown dated April 21, 2022 re: Request for extension to file answer. Document filed by Eillien Lorena Cabrera Delandestoy..(Brown, Cindy) |
| Filing 29 NOTICE OF APPEARANCE by Cindy Nicola Brown on behalf of Eillien Lorena Cabrera Delandestoy..(Brown, Cindy) |
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time. Application GRANTED. By April 22, 2022, Defendants shall file any response to the pending motion for preliminary injunction and answer or otherwise respond to the complaint. The conference scheduled for April 13, 2022, is ADJOURNED to April 27, 2022, at 4:10 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. (Signed by Judge Lorna G. Schofield on 4/7/2022) (mml)
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| Set/Reset Deadlines: AY-AY Telco Management Services, LLC answer due 4/22/2022; Eillien Lorena Cabrera Delandestoy answer due 4/22/2022. Responses due by 4/22/2022. Set/Reset Hearings: (Telephone Conference set for 4/27/2022 at 04:10 PM before Judge Lorna G. Schofield.) (mml) |
| Filing 27 LETTER MOTION for Extension of Time / Second Request For Extension Of Time To Respond To Motion For Preliminary Injunction (Dkt. No. 20) addressed to Judge Lorna G. Schofield from Christine B. Cesare dated April 6, 2022. Document filed by Crestmark..(Cesare, Christine) |
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Filing 26
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on May 18, 2022 at 4:10 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333 and further set forth in this Order. Initial Conference set for 5/18/2022 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/6/2022) (rro)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Kevin T. Kavanaugh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25953536. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 25 MOTION for Kevin T. Kavanaugh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25953536. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Crestmark. (Attachments: #1 Affidavit Affidavit of Kevin Kavanaugh, #2 Text of Proposed Order Proposed Order).(Kavanaugh, Kevin) |
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Filing 24
ORDER granting in part #21 Letter Motion for Extension of Time. Application GRANTED in part. By April 8, 2022, Defendants shall file any opposition to Plaintiff's motion for a preliminary injunction. The Show Cause Hearing scheduled for April 4, 2022, is ADJOURNED to April 13, 2022, at 4:10 p.m. (Signed by Judge Lorna G. Schofield on 3/31/2022) (mml)
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| Set/Reset Deadlines: (Responses due by 4/8/2022.) Set/Reset Hearings:(Show Cause Hearing set for 4/13/2022 at 04:10 PM before Judge Lorna G. Schofield.) (mml) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #23 MOTION for Kevin T. Kavanaugh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25935324. 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 Michigan;. 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) |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kevin T. Kavanaugh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25935324. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Crestmark. (Attachments: #1 Affidavit Affidavit of Kevin Kavanaugh, #2 Text of Proposed Order Proposed Order).(Kavanaugh, Kevin) Modified on 3/31/2022 (vba). |
| Filing 22 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Eillien Lorena Cabrera Delandestoy served on 3/25/2022, answer due 4/15/2022. Service was accepted by Eillien Lorena Cabrera Delandestoy. Document filed by Crestmark..(Cesare, Christine) |
| Filing 21 LETTER MOTION for Extension of Time / Request For Extension Of Time To Respond To Plaintiff's Motion For A Preliminary Injunction (Dkt. No. 20) addressed to Judge Lorna G. Schofield from Christine B. Cesare dated March 30, 2022. Document filed by Crestmark..(Cesare, Christine) |
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Filing 20
AMENDED ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: It is hereby: ORDERED that, sufficient reason having been shown by Plaintiff, pending the hearing on Plaintiff's Motion for a Preliminary Injunction, and pursuant to Fed. R. Civ. P. 65(b), Plaintiff is granted a Temporary Restraining Order enjoining Defendant AY-AY Telco Management Services, LLC ("AY-AY Telco") from accessing, or otherwise moving, interfering or dissipating the $6,164,777.47 withdrawn from Teleescrow Account 175306471, specifically belonging to Crestmark; and it is further, ORDERED that AY-AY Telco appear for an oral argument on the Motion for a Preliminary Injunction, to be conducted telephonically, on April 4, 2022 at 3:00 pm via the following conference line: 888-363-4749, access code: 558333, and show cause before this Court why an Order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining AY-AY Telco during the pendency of this action from: accessing, or otherwise moving, interfering or dissipating the $6,164,777.47 withdrawn from Teleescrow Account 175306471, specifically belonging to Crestmark; and it is further; ORDERED that security in the amount of $5,000.00 is to be posted by Plaintiff on March 24, 2022, by 5:00 pm; and it is further, ORDERED that service of a copy of this Order, together with the underlying papers upon which it was granted, on Defendants AY-AY Telco and Eillien Lorena Cabrera DeLandestoy ("Cabrera DeLandestoy"), if made by hand delivery or prepaid express overnight delivery to AYAY Telco's registered address at 3830 Bronx Boulevard, Apartment 4, Bronx, New York 10467, and by email on March 25, 2022 to Cabrera DeLandestoy at the following email addresses (e.cabrera@teleescrow.com; elctdl@gmail.com) and via hand delivery or prepaid express overnight delivery to 139 Payson Avenue, Apartment 1D, New York, NY 10034, shall be deemed good and sufficient service thereof; and it is further, ORDERED that opposition papers, if any, shall be filed on April 1, 2022. (Signed by Judge Lorna G. Schofield on 3/25/2022) ( Responses due by 4/1/2022, Telephone Conference set for 4/4/2022 at 03:00 PM before Judge Lorna G. Schofield.) (ks) Transmission to Finance Unit (Cashiers) for processing.
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christine B. Cesare to RE-FILE Document No. #18 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong event type was used to file the pleading. 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) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #19 Proposed Order was reviewed and approved as to form. (km) |
| Filing 19 PROPOSED ORDER. Document filed by Crestmark. Related Document Number: #7 ..(Cesare, Christine) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 18 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU COMPLAINT against AY-AY Telco Management Services, LLC, Eillien Lorena Cabrera Delandestoy. Document filed by Crestmark. (Attachments: #1 Exhibit A Copy of NY Department of State Public Inquiry Database, #2 Exhibit B Agreement, #3 Exhibit C Account Statements, #4 Exhibit D BMO Letter Dated 12/17/2021, #5 Exhibit E Letter Dated 12/27/2021, #6 Exhibit F Email Dated 01/12/2022).(Cesare, Christine) Modified on 3/25/2022 (sj). |
| Filing 17 UNDERTAKING ON ATTACHMENT BOND, BOND #3495396 in the amount of $5,000.00 posted by Crestmark.(km) |
| Filing 16 UNDERTAKING ON TEMPORARY RESTRAINING ORDER BOND, BOND #3495397 in the amount of $5,000.00 posted by Crestmark.(km) |
| Set/Reset Deadlines: Responses due by 3/31/2022. (ate) |
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Filing 15
EX PARTE ORDER OF ATTACHMENT: For the foregoing reasons, it is hereby ORDERED that the Order of Attachment is hereby granted. It is further ORDERED that the amount to be secured by this Order of Attachment, including any interest, costs, and sheriff's fees and expenses shall be $6,164,777.47. It is further ORDERED that Plaintiff shall provide an undertaking in the amount of $5,000.00 on or before March 24, 2022. It is further ORDERED that the U.S. Marshal for the Southern District of New York or any person appointed to act in his place and stead shall attach the property of Defendant located at J.P. Morgan Chase & Co. in the State of New York, as will satisfy the aforementioned $6,164,777.47, and that he or she hold and safely keep all such property and debts paid, delivered, transferred, or assigned to him or her or taken into his or her custody, to answer any judgment that may be obtained against Defendant in this action, and that he or she proceed herein, otherwise, in the manner required by law. It is further ORDERED that all persons served with this Order of Attachment shall be and hereby are forbidden to make or suffer any sale, assignment or transfer of, or any interference with any such property, or pay over or otherwise dispose of any such debt, to any person other than the U.S. Marshal, except upon direction of the U.S. Marshal or pursuant to a Court Order, in the aforesaid sum of $6,164,777.47. It is further ORDERED that all garnishees upon whom a copy of this Order is served are directed to serve the statement required by CPLR 6219, by hand or overnight delivery upon the U.S. Marshal, or any person appointed to act in his place and stead, and Christine B. Cesare, Esq., located at 1290 Avenue of the Americas, New York, NY 10104, counsel for Plaintiff, within five days after the levy. It is further ORDERED that Plaintiff shall move within five days after the levy for an order confirming the Order of Attachment, pursuant to CPLR 6211. (Signed by Judge Lorna G. Schofield on 3/22/2022) (ate)
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Filing 14
ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: ORDERED that, sufficient reason having been shown by Plaintiff, pending the hearing on Plaintiff's Motion for a Preliminary Injunction, and pursuant to Fed. R. Civ. P. 65(b), Plaintiff is granted a Temporary Restraining Order enjoining Defendant AY-AY Telco Management Services, LLC ("AY-AY Telco") from accessing, or otherwise moving, interfering or dissipating the $6,164,777.47 withdrawn from Teleescrow Account 175306471, specifically belonging to Crestmark; and it is further, ORDERED that AY-AY Telco appear for an oral argument on the Motion for a Preliminary Injunction, to be conducted telephonically, on April 4, 2022, at 3:00 p.m., via the following conference line: 888-363-4749, access code: 558333, and show cause before this Court why an Order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining AY-AY Telco during the pendency of this action from: accessing, or otherwise moving, interfering or dissipating the $6,164,777.47 withdrawn from Teleescrow Account 175306471, specifically belonging to Crestmark; and it is further; ORDERED that security in the amount of $5,000.00 is to be posted by Plaintiff on March 24, 2022, by 5:00 p.m. ORDERED that opposition papers, if any, shall be filed on March 31, 2022. Show Cause Hearing set for 4/4/2022 at 03:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/22/2022) (ate)
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| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-00385-LGS. Notice of Assignment to follow. (aea) |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (aea) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #13 Proposed Order was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd) |
| Filing 13 PROPOSED ORDER. Document filed by Crestmark. Related Document Number: #7 ..(Cesare, Christine) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to AY-AY Telco Management Services, LLC..(gp) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Eillien Lorena Cabrera Delandestoy..(gp) |
| Case Designated ECF. (gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Christine Cesare to RE-FILE Document No. #10 Proposed Order. The filing is deficient for the following reason(s): The case number is missing from the document. Re-file the document using the event type Proposed Order found under the event list Proposed Orders. (km) |
| CASE REFERRED TO Judge Lorna G. Schofield as possibly related to 1:22-cv-385. (gp) |
| ***DELETED DOCUMENT. Deleted document number CASE OPENING INITIAL ASSIGNMENT NOTICE:. The document was incorrectly filed in this case, there was a statement of relatedness filed as possibly related to 1:22-cv-385 (LGS). (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp) |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Crestmark. Related Document Number: #7 ..(Cesare, Christine) Proposed Order to be reviewed by Clerk's Office staff. Modified on 3/21/2022 (km). |
| Filing 9 MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief . Document filed by Crestmark..(Cesare, Christine) |
| Filing 8 DECLARATION of Scott Keusch in Support re: #7 Proposed Order to Show Cause With Emergency Relief. Document filed by Crestmark. (Attachments: #1 Exhibit A Agreement, #2 Exhibit B Order Granting Entry of Judgment, #3 Exhibit C BMO Letter, #4 Exhibit D Letter Dated 12/27/2021, #5 Exhibit E Email Dated 01/12/2022, #6 Exhibit F Teleescrow Account Statement, #7 Exhibit G Teleescrow Account Portal, #8 Exhibit H Copy of NYS Public Inquiry Database, #9 Exhibit I Email Dated 04/09/2021, #10 Exhibit J Email Dated 12/22/2021, #11 Exhibit K MCB Account Wires).(Cesare, Christine) |
| Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Crestmark..(Cesare, Christine) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 6 STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-CV-385. Document filed by Crestmark..(Cesare, Christine) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Meta Financial Group, Inc., Other Affiliate Metabank for Crestmark. Document filed by Crestmark..(Cesare, Christine) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to AY-AY Telco Management Services, LLC, re: #1 Complaint,. Document filed by Crestmark..(Cesare, Christine) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Eillien Lorena Cabrera Delandestoy, re: #1 Complaint,. Document filed by Crestmark..(Cesare, Christine) |
| Filing 2 CIVIL COVER SHEET filed..(Cesare, Christine) |
| Filing 1 COMPLAINT against AY-AY Telco Management Services, LLC, Eillien Lorena Cabrera Delandestoy. (Filing Fee $ 402.00, Receipt Number ANYSDC-25883635)Document filed by Crestmark. (Attachments: #1 Exhibit A Copy of NY Department of State Public Inquiry Database, #2 Exhibit B Agreement, #3 Exhibit C Account Statements, #4 Exhibit D Letter Dated 12/17/2021, #5 Exhibit E Letter Dated 12/27/2021, #6 Exhibit F Email Dated 01/12/2022).(Cesare, Christine) |
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