Avantgarde Senior Living et al v. GoFund LLC et al
| Avantgarde Senior Living D/B/A Avantgarde Senior Living of Tarzana, Jason Adelman, individually and on behalf of those similarly situated, Avantgarde Senior Living doing business as Avantgarde Senior Living of Tarzana and Jason Adelman |
| GOFUND, LLC D/B/A PENN CAPITAL FUNDING, MAPCAP FUNDING, LLC, Miriam Deutsch, Moshe Katz, Josef Brezel, GoFund LLC doing business as Penn Capital Funding, MapCap Funding LLC, Jonathan Braun, HMFCG, Inc., D/B/A Penn Capital Funding and The John and Jane Doe Investors |
| 1:2022cv04313 |
| May 25, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Jennifer L Rochon |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| None |
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Filing 82
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE PLEASE TAKE NOTICE that it is hereby stipulated and agreed by undersigned counsel for all parties that this matter is hereby voluntarily dismissed with prejudice and without costs as to all parties. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/14/2023) (jca)
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #81 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Jennifer L. Rochon for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). (tp) |
| Filing 81 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, with prejudice against the defendant(s) Jonathan Braun, Josef Brezel, Miriam Deutsch, GoFund LLC, HMFCG, Inc., D/B/A Penn Capital Funding, Moshe Katz, MapCap Funding LLC, The John and Jane Doe Investors and without costs. Document filed by Jason Adelman, Avantgarde Senior Living. Proposed Order to be reviewed by Clerk's Office staff...(Heskin, Shane) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Shane Heskin. RE-FILE Document No. #80 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). 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 signature image) PDF. (tp) |
| Filing 80 FILING ERROR - DEFICIENT DOCKET ENTRY - 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, with prejudice against the defendant(s) Jonathan Braun, Josef Brezel, Miriam Deutsch, GoFund LLC, HMFCG, Inc., D/B/A Penn Capital Funding, Moshe Katz, MapCap Funding LLC, The John and Jane Doe Investors and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Jason Adelman, Avantgarde Senior Living. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Heskin, Shane) Modified on 3/13/2023 (tp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Shane Heskin. RE-FILE Document No. #79 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not physically 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) |
| Filing 79 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, with prejudice against the defendant(s) Jonathan Braun, Josef Brezel, Miriam Deutsch, GoFund LLC, HMFCG, Inc., D/B/A Penn Capital Funding, Moshe Katz, MapCap Funding LLC, The John and Jane Doe Investors and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Jason Adelman, Avantgarde Senior Living. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Heskin, Shane) Modified on 3/9/2023 (tp). |
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Filing 78
ORDER denying #74 Letter Motion to Quash Third Party Subpoenas. For the reasons stated on the record at the February 16, 2023 conference, Defendant Brezels motion to quash is denied. (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: Initial Pretrial Conference held on 2/16/2023, Discovery Hearing held on 2/16/2023. (aba) |
| Filing 77 LETTER RESPONSE to Motion addressed to Judge Jennifer L. Rochon from Shane Heskin dated February 13, 2023 re: #74 LETTER MOTION for Discovery to quash and/or for a protective order with respect to the subpoenas served by Plaintiffs on Optimum Bank and Israel Discount Bank addressed to Judge Jennifer L. Rochon from Steven W. Wells dated February 9, 2023. . Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| Filing 76 NOTICE OF APPEARANCE by Richard Cipolla on behalf of Josef Brezel..(Cipolla, Richard) |
| Filing 75 NOTICE OF APPEARANCE by Devin Freedman on behalf of Josef Brezel..(Freedman, Devin) |
| Filing 74 LETTER MOTION for Discovery to quash and/or for a protective order with respect to the subpoenas served by Plaintiffs on Optimum Bank and Israel Discount Bank addressed to Judge Jennifer L. Rochon from Steven W. Wells dated February 9, 2023. Document filed by Josef Brezel. (Attachments: #1 Exhibit A - Subpoena Package to Optimum Bank, #2 Exhibit B - Subpoena Package to Israel Discount Bank).(Wells, Steven) |
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Filing 73
ORDER terminating #72 Letter Motion for Discovery. On February 6, 2023, the Court ordered the parties to brief Defendant's motion to quash in this case. ECF No. 71. The Court takes no position on what documents may or may not be used in a motion for summary judgment pending in a separate action before a different Judge. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 2/8/2023) (jca)
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| Filing 72 LETTER MOTION for Discovery to Clarify Order dated February 6, 2023 addressed to Judge Jennifer L. Rochon from Steven W. Wells dated February 8, 2023. Document filed by Josef Brezel. (Attachments: #1 Exhibit A - Email).(Wells, Steven) |
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Filing 71
ORDER granting #70 LETTER MOTION for Discovery regarding Subpoena issued to Optimum Bank. IT IS HEREBY ORDERED that, no later than February 9, 2023, Defendants shall file a letter-motion, not to exceed three (3) pages, moving to quash the subpoena. Plaintiff shall respond in a letter-brief, not to exceed three (3) pages, by no later than February 13, 2023. Plaintiff's opposition shall indicate whether it complied with the notice requirements in Federal Rule of Civil Procedure 45(a)(4). See, e.g., Henry v. Morgan's Hotel Grp., Inc., No. 15-cv-1789 (ER)(JLC), 2016 WL 303114, at *2 (S.D.N.Y. Jan. 25, 2016) (observing that failure to adhere to notice requirements in Rule 45 may prejudice party who would like to move to quash subpoena where documents are produced before they can make motion); Allison v. Clos-ette Too, L.L.C., No. 14-cv-1618 (LAK) (JCF), 2015 WL 136102, at *10 (S.D.N.Y. Jan. 9, 2015) (quashing subpoena due to prior notice violation and enjoining party from using information produced in response to that subpoena). IT IS FURTHER ORDERED that the parties shall appear for a conference to discuss the motion to quash on February 16, 2023 at 10:30 a.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl St., New York, New York, 10007. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 2/6/2023) (jca)
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| Filing 70 LETTER MOTION for Discovery regarding Subpoena issued to Optimum Bank addressed to Judge Jennifer L. Rochon from Steven W. Wells dated February 6, 2023. Document filed by Josef Brezel. (Attachments: #1 Exhibit A - Email Denying Motion to Compel Optium Bank Documents, #2 Exhibit B - Meet and Confer Email).(Wells, Steven) |
| Set/Reset Deadlines: (Motions due by 2/9/2023.) Motion Hearing set for 2/16/2023 at 10:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.) Responses due by 2/13/2023 (jca) |
| Set/Reset Hearings: Pretrial Conference set for 5/16/2023 at 11:00 AM before Judge Jennifer L. Rochon. (ate) |
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Filing 69
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). Depositions shall be completed no later than April 7, 2023. All expert discovery, including expert reports and depositions, shall be completed no later than June 30, 2023. The Court will conduct a post-discovery pre-trial conference on May 16, 2023 at 11:00 AM. The parties shall be ready for trial as of two weeks following the deadline for the proposed Joint Pretrial Order. The case is not to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial 5 days. The next case management conference is scheduled for May 16, 2023 at 11:00 AM. Deposition due by 6/30/2023. Fact Discovery due by 4/7/2023. Expert Discovery due by 6/30/2023. Discovery due by 6/30/2023. Pretrial Conference set for 5/16/2023 at 11:00 AM before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 2/2/2023) (ate) Modified on 2/14/2023 (ate).
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Filing 68
ORDER granting in part and denying in part #67 Letter Motion for Extension of Time to Complete Discovery. The Court is in receipt of a request from Defendants to extend the discovery deadlines in this action in light of Plaintiffs' recent production of documents responsive to requests made in September 2022. ECF No. 67. Plaintiffs oppose this request. Id. In order to provide Defendants time to address the recent production, the Court will grant Defendants' request in part by providing a short extension of the deadlines. The parties shall adhere to the deadlines set forth in the Amended Civil Case Management Plan and Scheduling Order to be docketed forthwith. (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (mmo)
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| Filing 67 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jennifer L. Rochon from Will Parsons dated February 1, 2023. Document filed by Josef Brezel, Miriam Deutsch. (Attachments: #1 Exhibit A - Revised Civil Case Mgmt Plan and Scheduling Order).(Parsons, William) |
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Filing 66
ORDER: Due to a scheduling conflict, IT IS HEREBY ORDERED that the post-discovery conference previously scheduled for February 28, 2023 shall now take place on February 24, 2023 at 11:00 a.m. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba)
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| Filing 65 CLERK'S CERTIFICATE OF DEFAULT as to HMFCG, Inc., D/B/A Penn Capital Funding.(km) |
| Filing 64 DECLARATION of Shane Heskin in Support re: #63 Proposed Clerk's Certificate of Default,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| Filing 63 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/21/2022 (km). |
| Filing 62 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Service was accepted by Sue Zouky, Business Document Specialist 2 at New York Secretary of State c/o HMFCG, Inc., d/b/a Penn Capital Funding. Document filed by Jason Adelman, Avantgarde Senior Living..(Heskin, Shane) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Shane Heskin. RE-FILE Document No. #60 Proposed Clerk's Certificate of Default #61 Declaration in Support. The filing is deficient for the following reason(s): there is no proof of service on the docket for the amended complaint. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. The declaration is filed under Other Answers, Declaration in support of a non-motion. (km) |
| Filing 61 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Shane Heskin in Support re: #60 Proposed Clerk's Certificate of Default,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) Modified on 11/21/2022 (km). |
| Filing 60 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/21/2022 (km). |
| Filing 59 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Avantgarde Senior Living, Jason Adelman. (Attachments: #1 Affidavit Declaration of Shane Heskin in Support of Plaintiffs Request For A Certificate of Default Against Defendant HMFCG, Inc., #2 Exhibit Exhibit A - Proposed Clerk's Certificate of Default).(Heskin, Shane) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/18/2022 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Shane Heskin. RE-FILE Document No. #59 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the documents need to be filed separately. Please refer to ECF Rule 16.1. (km) |
| Filing 58 ANSWER to #41 Amended Complaint,. Document filed by Miriam Deutsch..(Wells, Steven) |
| Filing 57 ANSWER to #41 Amended Complaint,. Document filed by Josef Brezel..(Wells, Steven) |
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Filing 56
ORDER, IT IS HEREBY ORDERED that the parties shall appear for a post-discovery, pretrial conference on February 28, 2023 at 12:00 p.m. in Courtroom 20B of the Daniel Patrick Moynihan United State Courthouse, 500 Pearl Street, New York, New York, 10007. The parties shall review the Court's Individual Rules, and specifically Rule 3.I, prior to that conference. Additionally, the Court notes that Defendants' deadline to respond to the Amended Complaint has passed, with no filing. The parties are reminded that they must comply with all deadlines. SO ORDERED. ( Discovery Hearing set for 2/28/2023 at 12:00 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 11/15/22) (yv)
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| Filing 55 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. HMFCG, Inc., D/B/A Penn Capital Funding served on 10/20/2022, answer due 11/10/2022. Service was accepted by Sue Zouky, Business Document Specialist 2 at New York Secretary of State. Document filed by Jason Adelman; Avantgarde Senior Living..(Heskin, Shane) |
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Filing 54
MEMO ENDORSEMENT on re: #53 Letter, filed by Avantgarde Senior Living, Jason Adelman. ENDORSEMENT: In light of Defendants' consent to the filing of the Amended Complaint, Plaintiffs' application for leave to file an Amended Complaint is GRANTED. The parties shall comply with all further deadlines. Should the parties seek an extension of any deadline, they shall comply with the Court's Individual Rule 1F. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/20/22) (jca)
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| Filing 53 LETTER addressed to Judge Jennifer L. Rochon from Shane Heskin dated October 20, 2022 re: Court's Order to Show Cause why Amended Complaint Should Be Deemed Timely Filed. Document filed by Avantgarde Senior Living, Jason Adelman..(Corey, Alex) |
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Filing 52
ORDER TO SHOW CAUSE: The Court is in receipt of the parties joint letter, dated October 13, 2022, filed in response to the Court's September 16, 2022 Reassignment Order and subsequent October 11, 2022 Order. ECF No. 51. In that letter, the parties do not address the timeliness of Plaintiffs' Amended Complaint, which was filed on September 30, 2022, over a month after Defendants answered the original Complaint. See ECF No 41. The Civil Case Management Plan and Scheduling Order, dated August 26, 2022, remains in effect, and it does not permit amended pleadings except with leave of the Court. ECF No. 39 at 2. Accordingly, IT IS HEREBY ORDERED that, no later than October 20, 2022, Plaintiffs shall show good cause, by letter not to exceed two pages, as to why their Amended Complaint should not be dismissed as untimely. Defendants shall respond by letter, not to exceed two pages, no later than October 25, 2022. Failure to show good cause will result in the dismissal of Plaintiffs' Amended Complaint as untimely. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/13/2022) (mml) Modified on 11/1/2022 (mml).
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| Filing 51 JOINT LETTER addressed to Judge Jennifer L. Rochon from Plaintiffs' Counsel, Shane Heskin and Defendants' Counsel, Steven Wells dated October 13, 2022 re: Parties' Joint Letter Per Court's Orders dated September 16, 2022 [DE 40] and October 11, 2022 [DE 50]. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
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Filing 50
ORDER On September 16, 2022, the Court ordered the parties to file a joint letter within two weeks. ECF No. 40. The deadline for that filing has now passed without any submission from the parties. Accordingly, the parties shall file such letter promptly but at least by October 14, 2022. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba)
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| Filing 49 ELECTRONIC SUMMONS ISSUED as to Jonathan Braun. (vf) |
| Filing 48 ELECTRONIC SUMMONS ISSUED as to HMFCG, Inc., D/B/A Penn Capital Funding. (vf) |
| Filing 47 REQUEST FOR ISSUANCE OF SUMMONS as to Jonathan Braun, re: #41 Amended Complaint,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| Filing 46 REQUEST FOR ISSUANCE OF SUMMONS as to HMFCG, INC. D/B/A PENN CAPITAL FUNDING, re: #41 Amended Complaint,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| Filing 45 EXHIBIT TO PLEADING re: #41 Amended Complaint,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| Filing 44 EXHIBIT TO PLEADING re: #41 Amended Complaint,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| Filing 43 EXHIBIT TO PLEADING re: #41 Amended Complaint,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| Filing 42 EXHIBIT TO PLEADING re: #41 Amended Complaint,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| Filing 41 AMENDED COMPLAINT amending #1 Complaint,, against Josef Brezel, Miriam Deutsch, Jonathan Braun, HMFCG, Inc., D/B/A Penn Capital Funding, The John and Jane Doe Investors.Document filed by Avantgarde Senior Living, Jason Adelman. Related document: #1 Complaint,,..(Heskin, Shane) Modified on 9/30/2022 (jgo). Modified on 10/7/2022 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Shane R. Heskin re: Document No. #44 Exhibit to Pleading, #41 Amended Complaint, #43 Exhibit to Pleading, #42 Exhibit to Pleading. The filing is deficient for the following reason(s): Court's leave has not been granted.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo) |
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Filing 40
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 Court are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed four (4) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: As further set forth by this Order. (Signed by Judge Jennifer L. Rochon on 9/16/2022) (tg)
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| NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Jesse M. Furman is no longer assigned to the case. (nb) |
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Filing 39
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. Motions due by 9/30/2022. Fact Discovery due by 2/3/2023. This case is not to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 5 days. Initial Conference set for 2/7/2023 at 03:30 PM before Judge Jesse M. Furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 using access code 542-1540, followed by the pound (3) key. The initial pretrial conference scheduled for August 30, 2022, is hereby CANCELED. The parties should note the date of the next pretrial conference on the previous page. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/26/22) (yv)
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| Filing 38 PROPOSED CASE MANAGEMENT PLAN. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| Filing 37 JOINT LETTER addressed to Judge Jesse M. Furman from Shane Heskin dated August 25, 2022 re: Jointly with counsel for Defendants, we submit the within letter and attached case management plan in accordance with the Court's Order dated May 26, 2022 [Doc. No. 3] and Your Individual Rule 2(D). Document filed by Avantgarde Senior Living, Jason Adelman. (Attachments: #1 Text of Proposed Order Proposed Case Management Plan).(Heskin, Shane) |
| Filing 36 NOTICE OF APPEARANCE by Alex David Corey on behalf of Avantgarde Senior Living, Jason Adelman..(Corey, Alex) |
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Filing 35
ORDER: In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in the Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. In either case, counsel should review and comply with the procedures for telephone conferences set forth in the Court's Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. (Signed by Judge Jesse M. Furman on 8/22/2022) (rro)
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Filing 34
NOTICE OF DISMISSAL WITHOUT PREJUDICE. Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, plaintiffs Avantgarde Senior Living d/b/a Avantgarde Senior Living of Tarzana and Jason Adelman ("Plaintiffs") hereby dismiss Defendants MapCap Funding, LLC and Moshe Katz without prejudice. The Clerk of Court is directed to terminate Defendants MapCap Funding, LLC and Moshe Katz. SO ORDERED., (Moshe Katz and MapCap Funding LLC terminated.) (Signed by Judge Jesse M. Furman on 8/15/22) (yv)
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Filing 33
STIPULATION OF DISMISSAL WITHOUT PREJUDICE: Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs Avantgarde Senior Living d/b/a Avantgarde Senior Living of Tarzana and Jason Adelman ("Plaintiffs") and Defendant GoFund Advance, LLC (named in the caption as GoFund, LLC d/b/a Penn Capital Funding) ("GoFund") hereby stipulate to Plaintiffs' dismissal of GoFund from this action without prejudice. In entering into this Stipulation, Defendant GoFund Advance, LLC represents and warrants that it was not conducting business and did not exist prior to June 21, 2021. The Clerk of Court is directed to terminate Defendant GoFund Advance, LLC. SO ORDERED., (GoFund LLC terminated.) (Signed by Judge Jesse M. Furman on 8/15/22) (yv)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #32 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Jesse M. Furman for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #29 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jesse M. Furman for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
| Filing 32 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) GoFund LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by GoFund LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Wells, Steven) |
| Filing 31 ANSWER to #1 Complaint,,. Document filed by Josef Brezel..(Wells, Steven) |
| Filing 30 ANSWER to #1 Complaint,,. Document filed by Miriam Deutsch..(Wells, Steven) |
| Filing 29 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Moshe Katz, MapCap Funding LLC. Document filed by Avantgarde Senior Living, Jason Adelman. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Heskin, Shane) |
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Filing 28
MEMO ENDORSEMENT on re: #27 Letter filed by GoFund LLC, Josef Brezel, Miriam Deutsch ENDORSEMENT: Pursuant to the Court's Individual Rules, Paragraph 1.F, all requests for extensions must be filed as letter motions, not ordinary letters. Nevertheless, application GRANTED. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/1/2022) (ks)
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| Filing 27 LETTER addressed to Judge Jesse M. Furman from Steven W. Wells, Esq. dated August 1, 2022 re: Extension of Time to Answer or Otherwise Respond to Complaint. Document filed by Josef Brezel, Miriam Deutsch, GoFund LLC..(Wells, Steven) |
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Filing 26
ORDER. Defendants in this action appear to be in default. Plaintiffs shall file any motion for default judgment, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), within two weeks of the date of this Order. Plaintiffs shall electronically serve a copy of this Order on Defendants within two business days from the date of this Order and shall file proof of such service within three business days of the date of this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/29/22) (yv)
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| Filing 25 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Miriam Deutsch served on 7/6/2022, answer due 7/27/2022. Service was accepted by Posted To Door. Service was made by Mail. Document filed by Avantgarde Senior Living; Jason Adelman..(Heskin, Shane) |
| Filing 24 AFFIDAVIT OF SERVICE of Summons and Complaint,,. MapCap Funding LLC served on 6/30/2022, answer due 7/21/2022. Service was accepted by Colleen Banahan, Office Assistant at the New York Secretary of State. Document filed by Avantgarde Senior Living; Jason Adelman..(Heskin, Shane) |
| Filing 23 NOTICE OF APPEARANCE by Steven William Wells on behalf of Miriam Deutsch..(Wells, Steven) |
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Filing 22
ORDER granting #21 Motion for Steven W. Wells to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Steven W. Wells to Appear Pro Hac Vice for Defendants Go Fund Advance LLC and Josef Brezel. Filing fee $ 200.00, receipt number ANYSDC-26337458. Motion and supporting papers to be reviewed by Clerk's. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 21 MOTION for Steven W. Wells to Appear Pro Hac Vice for Defendants Go Fund Advance LLC and Josef Brezel. Filing fee $ 200.00, receipt number ANYSDC-26337458. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Josef Brezel, GoFund LLC. (Attachments: #1 Affidavit Declaration of Steven W. Wells, Esq. in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order Proposed Order Granting Admission to Practice Pro Hac Vice).(Wells, Steven) |
| Filing 20 ELECTRONIC AMENDED SUMMONS ISSUED as to MapCap Funding LLC. (vf) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Miriam Deutsch. (vf) |
| Filing 18 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to MapCap Funding, LLC, re: #1 Complaint,,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Miriam Deutsch, re: #1 Complaint,,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Shane R. Heskin to RE-FILE Document No. #16 Request for Issuance of Amended Summons, #15 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; Caption title does not match complaint caption title (Joseph Brezel). (pc) |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to MapCap Funding, LLC, re: #1 Complaint,,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) Modified on 6/21/2022 (pc). |
| Filing 15 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Miriam Deutsch, re: #1 Complaint,,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) Modified on 6/21/2022 (pc). |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Moshe Katz served on 6/14/2022, answer due 7/5/2022. Service was accepted by Affixing To Door of Defendant's Premises. Service was made by Mail. Document filed by Avantgarde Senior Living; Jason Adelman..(Heskin, Shane) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Josef Brezel served on 6/7/2022, answer due 6/28/2022. Service was accepted by Yosef Brezel S/H/A Josef Brezel. Document filed by Avantgarde Senior Living; Jason Adelman..(Heskin, Shane) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,. GoFund LLC served on 6/8/2022, answer due 6/29/2022. Service was accepted by Amy McCallum, Legal Assistant at Registered Agent, Hassett & George, PC. Document filed by Avantgarde Senior Living; Jason Adelman..(Heskin, Shane) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Moshe Katz. (vf) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Josef Brezel. (vf) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to MapCap Funding LLC. (vf) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to GoFund LLC. (vf) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Moshe Katz, re: #1 Complaint,,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Josef Brezel, re: #1 Complaint,,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to MapCap Funding, LLC, re: #1 Complaint,,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to GoFund, LLC D/B/A Penn Capital Funding, re: #1 Complaint,,. Document filed by Avantgarde Senior Living, Jason Adelman..(Heskin, Shane) |
|
Filing 3
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on August 30, 2022 at 4:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. And as set forth herein. SO ORDERED. Initial Conference set for 8/30/2022 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 5/26/2022) (ama)
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| ***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: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shane R. Heskin. The party information for the following party/parties has been modified: GOFUND, LLC D/B/A PENN CAPITAL FUNDING, MAPCAP FUNDING, LLC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 2 CIVIL COVER SHEET filed..(Heskin, Shane) |
| Filing 1 COMPLAINT against Josef Brezel, Miriam Deutsch, GoFund LLC, Moshe Katz, MapCap Funding LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26197853)Document filed by Avantgarde Senior Living D/B/A Avantgarde Senior Living of Tarzana, Jason Adelman. (Attachments: #1 Exhibit Exhibit 1 - Business Week Article dated February 10, 2022 entitled "The Loan Shark Trump Freed From Prison Is Lending Money Again", #2 Exhibit Exhibit 2 - New York Attorney General Petition dated June 10, 2020, #3 Exhibit Exhibit 3 - Federal Trade Commission Complaint dated August 3, 2020).(Heskin, Shane) |
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