Fidelity National Title Insurance Company v. APM Management Services, LLC. et al
| Fidelity National Title Insurance Company |
| APM Management Services, LLC. |
| Bank of America Corporation |
| 1:2022cv10649 |
| December 16, 2022 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Other Statutory Actions |
| 18 U.S.C. § 1030 Fraud & Related Activity in Connection with Computers |
| Plaintiff |
Docket Report
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| Filing 19 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) APM Management Services, LLC., Bank of America Corporation and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Fidelity National Title Insurance Company. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Wait, John) |
| Filing 18 NOTICE OF APPEARANCE by Anastasia Poushkareva Cordova on behalf of Bank of America Corporation..(Cordova, Anastasia) |
| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 1/3/2023. Plaintiff voluntarily dismissed.Case closed. (Court Reporter Sharonda Jones) (Jones, Brigitte) |
| Filing 17 DECLARATION of John A. Wait re: #8 Order on Motion for TRO,,,, Order on Motion for Preliminary Injunction,,, . Document filed by Fidelity National Title Insurance Company. (Attachments: #1 Exhibit A - Dec. 20, 2022 Court Order, #2 Exhibit B - Proof of Service on APM Management Services, LLC in NC, #3 Exhibit C - Declaration of Edward J. Hayes, #4 Exhibit D - Dec. 27, 2022 Email from Mr. Appelbaum, #5 Exhibit E - Declaration of Ginger Dean, #6 Exhibit F - Letter from E. Hayes, #7 Exhibit G - Dec. 28, 2022 Email from Mr. Appelbaum, #8 Exhibit H - Dec. 30, 2022 Email from Mr. Kramer, #9 Exhibit I - Proof of Service on APM Management Service LLC via Mr. Appelbaum, #10 Exhibit J - Dec. 30, 2022 Email from Plaintiff's counsel in Missouri).(Wait, John) |
Filing 16
MEMO ENDORSEMENT on re: #5 Memorandum of Law in Support of Motion filed by Fidelity National Title Insurance Company. ENDORSEMENT: Leave is granted to conduct discovery as outlined in Plaintiff's motion. See ECF Nos. 13-15. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 12/22/2022) (vfr)
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| Filing 15 DECLARATION of John A. Wait, Esq. in Support re: #13 MOTION for Discovery / Motion for Expedited Early Discovery. MOTION to Expedite / Motion to Accelerate Defendant's Time to Respond.. Document filed by Fidelity National Title Insurance Company. (Attachments: #1 Exhibit A - PLAINTIFFS FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT BANK OF AMERICA CORPORATION).(Wait, John) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION for Discovery / Motion for Expedited Early Discovery. MOTION to Expedite / Motion to Accelerate Defendant's Time to Respond. . Document filed by Fidelity National Title Insurance Company..(Wait, John) |
| Filing 13 MOTION for Discovery / Motion for Expedited Early Discovery., MOTION to Expedite / Motion to Accelerate Defendant's Time to Respond. Document filed by Fidelity National Title Insurance Company..(Wait, John) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to APM Management Services, LLC...(lal) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Bank of America Corporation..(lal) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to APM Management Services, LLC., re: #1 Complaint,. Document filed by Fidelity National Title Insurance Company..(Wait, John) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Bank of America Corporation, re: #1 Complaint,. Document filed by Fidelity National Title Insurance Company..(Wait, John) |
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Filing 8
TEMPORARY RESTRAINING ORDER granting #3 Motion for TRO; deferring ruling on #3 Motion for Preliminary Injunction. I defer decision on Plaintiff's motion for a preliminary injunction. Counsel for all parties shall appear for a preliminary injunction hearing on January 3, 2023, at 2:30 p.m. No later than December 29, 2022, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. Bank of America account 355014225416 is hereby temporarily restrained until the preliminary injunction motion has been determined. (Signed by Judge Alvin K. Hellerstein on 12/20/22) (yv)
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| Set/Reset Hearings: Status Conference set for 1/3/2023 at 02:30 PM before Judge Alvin K. Hellerstein. (yv) |
| Filing 7 CERTIFICATE of Counsel by John Aubrey Wait on behalf of Fidelity National Title Insurance Company. Re: #3 EMERGENCY MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. / Rule 65 Certification of Counsel.(Wait, John) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fidelity National Title Insurance Company..(Wait, John) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Aubrey Wait. The following case opening statistical information was erroneously selected/entered: Dollar Demand $2,258,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to Blank. (vf) |
| 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. (vf) |
| NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Paul A. Engelmayer is no longer assigned to the case. (vba) |
| Case Designated ECF. (vf) |
| Filing 5 MEMORANDUM OF LAW in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by Fidelity National Title Insurance Company..(Wait, John) |
| Filing 4 DECLARATION of Rena Lu in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Fidelity National Title Insurance Company..(Wait, John) |
| Filing 3 EMERGENCY MOTION for Temporary Restraining Order ., MOTION for Preliminary Injunction . Document filed by Fidelity National Title Insurance Company..(Wait, John) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 2 CIVIL COVER SHEET filed..(Wait, John) |
| Filing 1 COMPLAINT against APM Management Services, LLC., Bank of America Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-27101169)Document filed by Fidelity National Title Insurance Company. (Attachments: #1 Exhibit A - Construction Escrow Agreement, #2 Exhibit B - Fraudulent Wire Instructions, #3 Exhibit C - Fraudulent Wire Confirmation).(Wait, John) |
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