Kaplan Group Investments, LLC et al v. A.S.A.P. Logistics LTD et al
| Kaplan Group Investments, LLC, Exos Funds MRP1 LLC, Cardinal Specialty Credit Fund LLC and M42 Tactical Inc. |
| Snooz Mattress LLC, A.S.A.P. LOGISTICS LTD, Deborah Cross, Sharon Sacramone, Guven Acarer, Snooz Corp. LLC, Octavio Fermin, Jeimy M Pena Fermin, ASAP LOJISTIK VE SAVUNMA TICARET LIMITED SIRKETI D/B/A ASAP LOGISTICS AND DEFENSE AND/OR ASAP LOGISTICS AND DEFENSE GUVENLIK HIZMETLERI SANAYI VE TICARET LIMITED SIRKETI and Asap Lojistik Ve Savunma Ticaret Limited Sirketi doing business as ASAP Logistics and Defense doing business as ASAP Logistics and Defense Guvenlik Hizmetleri Sanayi Ve Ticaret Limited Sirketi |
| 1:2022cv07326 |
| August 26, 2022 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
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Filing 53
REPLY MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss Plaintiffs Amended Complaint (Dkt. No. 7). . Document filed by A.S.A.P. Logistics LTD, Deborah Cross, Sharon Sacramone..(Dolan, Richard)
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Filing 52
JOINT SCHEDULING STIPULATION REGARDING ASAP LTD DEFENDANTS' MOTION TO DIMISS: IT IS HEREBY STIPULATED AND AGREED, that: 1. The ASAP LTD Defendants' time to file a reply in further support of their motion to dismiss shall be extended by one week, from April 14, 2023 to and including April 21, 2023. SO ORDERED. ( Replies due by 4/21/2023.) (Signed by Judge J. Paul Oetken on 4/13/2023) (ate)
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Filing 51
PROPOSED STIPULATION AND ORDER. Document filed by A.S.A.P. Logistics LTD, Deborah Cross, Sharon Sacramone..(Lavigne-Albert, Jolene)
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Filing 50
JOINT SCHEDULING STIPULATION REGARDING ASAP LTD DEFENDANTS' MOTION TO DIMISS: IT IS HEREBY STIPULATED AND AGREED, that: The ASAP LTD Defendants' time to file a reply in further support of their motion to dismiss shall be extended by one week, from April 7, 2023 to and including April 14, 2023. SO ORDERED. ( Replies due by 4/14/2023.) (Signed by Judge J. Paul Oetken on 4/6/2023) (ate)
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Filing 49
PROPOSED STIPULATION AND ORDER. Document filed by A.S.A.P. Logistics LTD..(Lavigne-Albert, Jolene)
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Filing 48
MEMORANDUM OF LAW in Opposition re: #38 MOTION to Dismiss Plaintiffs Amended Complaint (Dkt. No. 7). . Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam)
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Filing 47
MEMORANDUM OF LAW in Opposition re: #33 FIRST MOTION to Dismiss . . Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam)
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Filing 46
JOINT STIPULATION REGARDING TIME TO RESPOND TO MOTION TO DISMISS AND TIME TO REPLY TO RESPONSE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, that: 1. The Plaintiffs' time to respond to the Motion to Dismiss of the ASAP LTD Defendants shall be extended to and including March 17, 2023; 2. The ASAP LTD Defendants' time to reply to any response filed by the Plaintiffs shall be extended to and including April 7, 2023. SO ORDERED. ( Replies due by 4/7/2023., Responses due by 3/17/2023) (Signed by Judge J. Paul Oetken on 3/10/2023) (ate)
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Filing 45
PROPOSED STIPULATION AND ORDER. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam)
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Filing 44
PROPOSED STIPULATION AND ORDER. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc.. (Attachments: #1 Text of Proposed Order).(Hadden, Maryam)
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Filing 43
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by A.S.A.P. Logistics LTD, Deborah Cross, Sharon Sacramone..(Allen, Seth)
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Filing 42
ORDER: As discussed at the February 23, 2023 telephone conference and by agreement of the parties, discovery is stayed pending the Court's decision on the motions to dismiss or further order of the Court. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.)
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Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Initial Pretrial Conference held on 2/23/2023. (bh)
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Filing 41
PROPOSED CASE MANAGEMENT PLAN. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam)
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Filing 40
ORDER: The parties are reminded that they were required to submit a Joint Case Management Plan to the Court THREE DAYS in advance of the Initial Pretrial Conference scheduled for TOMORROW, February 23, 2023, at 4:00 PM. For further information about this required filing, the parties may consult the Court's current Rule 16 Order in this case at ECF No. #37 . SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (jhk)
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Filing 39
MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss Plaintiffs Amended Complaint (Dkt. No. 7). . Document filed by A.S.A.P. Logistics LTD, Deborah Cross, Sharon Sacramone..(Dolan, Richard)
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Filing 38
MOTION to Dismiss Plaintiffs Amended Complaint (Dkt. No. 7). Document filed by A.S.A.P. Logistics LTD, Deborah Cross, Sharon Sacramone..(Dolan, Richard)
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Filing 37
ORDER: Counsel for all parties are directed to appear telephonically for an initial pretrial conference with the Court on February 23, 2023 at 4:00 p.m. Counsel should call (888) 557-8511 at the scheduled time. The access code is 9300838. Initial Conference set for 2/23/2023 at 04:00 PM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 2/16/2023) (ate)
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Filing 36
ANSWER to #7 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc.. Document filed by Octavio Fermin, Snooz Mattress LLC, Jeimy M Pena Fermin..(Levenson, Scott)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #35 Proposed Order was reviewed and approved as to form. (km)
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Filing 35
PROPOSED ORDER. Document filed by A.S.A.P. Logistics LTD, Guven Acarer, Asap Lojistik Ve Savunma Ticaret Limited Sirketi, Deborah Cross, Octavio Fermin, Jeimy M Pena Fermin, Sharon Sacramone, Snooz Mattress LLC..(Levenson, Scott) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 34
FIRST MEMORANDUM OF LAW in Support re: #33 FIRST MOTION to Dismiss . . Document filed by A.S.A.P. Logistics LTD, Guven Acarer, Asap Lojistik Ve Savunma Ticaret Limited Sirketi, Deborah Cross, Octavio Fermin, Jeimy M Pena Fermin, Sharon Sacramone, Snooz Mattress LLC. (Attachments: #1 Affidavit Affirmation, #2 Affidavit Affirmation).(Levenson, Scott)
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Filing 33
FIRST MOTION to Dismiss . Document filed by A.S.A.P. Logistics LTD, Guven Acarer, Asap Lojistik Ve Savunma Ticaret Limited Sirketi, Deborah Cross, Octavio Fermin, Jeimy M Pena Fermin, Sharon Sacramone, Snooz Mattress LLC..(Levenson, Scott)
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Filing 32
ORDER ON JOINT STIPULATION REGARDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY ORDERED that Defendants have until February 14th, 2023 to answer, move, or otherwise respond to Plaintiffs' Complaint. Octavio Fermin answer due 2/14/2023; Jeimy M Pena Fermin answer due 2/14/2023; Snooz Mattress LLC answer due 2/14/2023. (Signed by Judge J. Paul Oetken on 2/7/2023) (mml)
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Filing 31
PROPOSED STIPULATION AND ORDER. Document filed by Octavio Fermin, Jeimy M Pena Fermin, Snooz Mattress LLC..(Levenson, Scott)
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Filing 30
JOINT STIPULATION REGARDING ACCEPTANCE OF SERVICE AND TIME TO RESPOND TO COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, that: 1. The ASAP LTD Defendants shall accept service of the Summons and Complaint as against each of them in this matter effective as of the date of execution of this stipulation; 2. The ASAP LTD Defendants agree to waive and not assert any defenses based upon improper service of the Summons and Complaint in this matter; 3. The ASAP LTD Defendants time to answer, move or otherwise respond to the Complaint as against them shall be extended to and including February 17, 2023. So ordered. A.S.A.P. Logistics LTD answer due 2/17/2023; Deborah Cross answer due 2/17/2023; Sharon Sacramone answer due 2/17/2023.( Motions due by 2/17/2023.) (Signed by Judge J. Paul Oetken on 1/13/2023) (ate)
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Filing 29
PROPOSED STIPULATION AND ORDER. Document filed by A.S.A.P. Logistics LTD, Deborah Cross, Sharon Sacramone..(Dolan, Richard)
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Filing 28
NOTICE OF APPEARANCE by Seth D. Allen on behalf of A.S.A.P. Logistics LTD, Deborah Cross, Sharon Sacramone..(Allen, Seth)
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Filing 27
NOTICE OF APPEARANCE by Jolene Frederique Lavigne-Albert on behalf of A.S.A.P. Logistics LTD, Deborah Cross, Sharon Sacramone..(Lavigne-Albert, Jolene)
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Filing 26
NOTICE OF APPEARANCE by Richard Henry Dolan on behalf of A.S.A.P. Logistics LTD, Deborah Cross, Sharon Sacramone..(Dolan, Richard)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Maryam Hadden to RE-FILE Document No. The filing is deficient for the following reason(s): Docket Entry Error. Enter the party name as to whom summons is issued for when prompted in ECF; Defendant party name error. Defendant party name listed on Summons PDF does not correspond exactly to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
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Filing 25
FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to ASAP LOJISTIK, re: #7 Amended Complaint,. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam) Modified on 12/12/2022 (vf).
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Filing 24
FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to A.S.A.P. Logistics, re: #7 Amended Complaint,. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam) Modified on 12/12/2022 (vf).
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Filing 23
ELECTRONIC SUMMONS ISSUED as to Deborah Cross..(pc)
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Filing 22
ELECTRONIC SUMMONS ISSUED as to Sharon Sacramone..(pc)
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Filing 21
ELECTRONIC SUMMONS ISSUED as to Octavio Fermin..(pc)
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Filing 20
ELECTRONIC SUMMONS ISSUED as to Guven Acarer..(pc)
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Filing 19
ELECTRONIC SUMMONS ISSUED as to Snooz Mattress LLC..(pc)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to Jeimy M Pena Fermin..(pc)
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Filing 17
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ASAP Logistics and Defense, re: #7 Amended Complaint,. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam) Modified on 10/5/2022 (pc).
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Filing 16
REQUEST FOR ISSUANCE OF SUMMONS as to Jeimy M. Pena Fermin, re: #7 Amended Complaint,. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam)
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Filing 15
REQUEST FOR ISSUANCE OF SUMMONS as to Octavio Fermin, re: #7 Amended Complaint,. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam)
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Filing 14
REQUEST FOR ISSUANCE OF SUMMONS as to Snooz Mattress LLC, re: #7 Amended Complaint,. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Guven Acarer, re: #7 Amended Complaint,. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to Sharon Sacramone, re: #7 Amended Complaint,. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Deborah Cross, re: #7 Amended Complaint,. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam)
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Filing 10
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to A.S.A.P. Logistics, re: #7 Amended Complaint,. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam) Modified on 10/5/2022 (pc).
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Filing 9
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Maryam Hadden to RE-FILE Document No. #10 Request for Issuance of Summons, #17 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; Party name listed on the docket entry does not exactly match; Party name listed on the summons does not exactly match Amended Complaint caption title. 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. (pc)
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Filing 8
LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Maryam Hadden in Response to ECF 6 dated 9/30/2022 re: #4 FIRST LETTER MOTION for Leave to File Amended Complaint in Response to ECF No. 3 addressed to Judge J. Paul Oetken from Maryam Hadden dated September 6, 2022. Response to ECF No. 6. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam)
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Filing 7
FIRST AMENDED COMPLAINT amending #1 Complaint,, against A.S.A.P. Logistics LTD, Guven Acarer, Asap Lojistik Ve Savunma Ticaret Limited Sirketi, Deborah Cross, Octavio Fermin, Jeimy M Pena Fermin, Sharon Sacramone, Snooz Mattress LLC with JURY DEMAND.Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc.. Related document: #1 Complaint,,..(Hadden, Maryam)
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Filing 6
ORDER: Plaintiffs are directed to respond within 14 days, addressing whether paragraph 125 should be stricken. (Signed by Judge J. Paul Oetken on 9/16/2022) (ate)
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Filing 5
ORDER granting #4 Letter Motion for Leave to File Document: GRANTED. PLAINTIFFS MAY FILE THE PROPOSED AMENDED COMPLAINT PROVIDED THAT THEY DO SO WITHIN 14 DAYS. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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Filing 4
FIRST LETTER MOTION for Leave to File Amended Complaint in Response to ECF No. 3 addressed to Judge J. Paul Oetken from Maryam Hadden dated September 6, 2022. Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc.. (Attachments: #1 Exhibit Proposed Amended Complaint).(Hadden, Maryam)
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Filing 3
ORDER: Therefore, Plaintiffs shall, on or before September 7, 2022, either (1) show cause as to why the Complaint should not be dismissed for lack of subject matter jurisdiction, or (2) move to file an amended complaint that properly pleads jurisdiction. If Plaintiffs fail to do so, this action may be dismissed. ( Motions due by 9/7/2022.) (Signed by Judge J. Paul Oetken on 8/31/2022) (ate)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Maryam Hadden. The party information for the following party/parties has been modified: A.S.A.P. LOGISTICS LTD, ASAP LOJISTIK VE SAVUNMA TICARET LIMITED SIRKETI D/B/A ASAP LOGISTICS AND DEFENSE AND/OR ASAP LOGISTICS AND DEFENSE GUVENLIK HIZMETLERI SANAYI VE TICARET LIMITED SIRKETI. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party type was entered incorrectly. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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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Case Designated ECF. (sj)
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Magistrate Judge Robert W. Lehrburger 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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Filing 2
CIVIL COVER SHEET filed..(Hadden, Maryam)
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Filing 1
COMPLAINT against A.S.A.P. LOGISTICS LTD, ASAP LOJISTIK VE SAVUNMA TICARET LIMITED SIRKETI D/B/A ASAP LOGISTICS AND DEFENSE AND/OR ASAP LOGISTICS AND DEFENSE GUVENLIK HIZMETLERI SANAYI VE TICARET LIMITED SIRKETI, Guven Acarer, Deborah Cross, Octavio Fermin, Jeimy M Pena Fermin, Sharon Sacramone, Snooz Mattress LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26602349)Document filed by Cardinal Specialty Credit Fund LLC, Exos Funds MRP1 LLC, Kaplan Group Investments, LLC, M42 Tactical Inc...(Hadden, Maryam)
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