TLC Travel Staff, LLC et al v. Ace Funding Source LLC et al
| TLC TRAVEL STAFF, LLC, GENESIS MEDICAL STAFFING, LLC, SAMAS CORPORATION, MYNELA LLC, WAYNE STAFFING, LLC, LIGHTHOUSE NURSING, INC. and Genesis Medical Staffing, Inc. |
| Ace Funding Source LLC, Green Note Capital Partners, Inc., KYF GLOBAL PARTNERS, LLC, PATRIARCH CAPITAL HOLDINGS, LLC, ACE FUNDING SOURCE SECOND, LLC, Union Funding Source, Inc., Albert Gindi, Isaac Kassab, Gabriel Mann, ABC CORPORATIONS, 1-10, the fictitious names for unknown companies and/or other business entities, John Does 1 through 10 (fictitious names), ABC Corporations 1 through 10 and John Does 1 through 10 |
| 1:2023cv01914 |
| March 6, 2023 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Civil Remedies: Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.
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Filing 92
ORDER granting #53 Motion to Stay re: #53 MOTION to Stay . MOTION to Compel Arbitration ., #74 MOTION to Vacate Preliminary Injunction., #77 LETTER MOTION for Oral Argument on the KYF Parties' Motion to Vacate the Preliminary Injunction addressed to Judge Vernon S. Broderick from Jonathan A. Lynn dated May 25, 2023. ; terminating #53 Motion to Compel Arbitration; terminating #74 Motion to Vacate #53 MOTION to Stay . MOTION to Compel Arbitration ., #74 MOTION to Vacate Preliminary Injunction., #77 LETTER MOTION for Oral Argument on the KYF Parties' Motion to Vacate the Preliminary Injunction addressed to Judge Vernon S. Broderick from Jonathan A. Lynn dated May 25, 2023. ; terminating #77 Motion for Oral Argument. It is hereby ORDERED that all deadlines governing the proceeding of this action as between Plaintiffs and the Stipulating Defendants are STAYED pending further order of the Court. It is FURTHER ORDERED that at their earliest convenience and no later than September 15, 2023, Plaintiffs and the Stipulating Defendants shall file either stipulations of dismissal as to the claims between them or a joint status letter on the progress of their settlement negotiations. It is FURTHER ORDERED that by July 14, 2023, Plaintiffs and the Ace Defendants shall file a joint letter proposing next steps for the adjudication of this case and stating whether they believe the entry of a case management order would be appropriate. The Clerk of Court is respectfully directed to close the open motions at Docs. 53, 74, and 77. Any of Plaintiffs or the Stipulating Defendants may move to reopen these motions at any time before September 15, 2023. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 7/7/2023) (kv)
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| Set/Reset Deadlines: Motions due by 9/15/2023. (kv) |
| Filing 91 LETTER MOTION to Stay addressed to Judge Vernon S. Broderick from Nicholas A. Vytell, Esq. dated 06/30/2023. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC. (Attachments: #1 Exhibit Proposed Stipulation and Order).(Vytell, Nicholas) |
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Filing 90
ORDER granting #89 Letter Motion for Extension of Time to File Response/Reply re #89 AMENDED LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Vernon S. Broderick from Nicholas A. Vytell, Esq. dated June 19, 2023. APPLICATION GRANTED. Plaintiffs' response shall be filed by June 30, 2023. The KYF Defendants' reply shall be filed by July 21, 2023. SO ORDERED. Responses due by 6/30/2023 Replies due by 7/21/2023.. (Signed by Judge Vernon S. Broderick on 6/20/2023) (kv)
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| Filing 89 AMENDED LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Vernon S. Broderick from Nicholas A. Vytell, Esq. dated June 19, 2023. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 88 ANSWER to #1 Complaint,,,, with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by Ace Funding Source Second, LLC, Ace Funding Source LLC..(Zawodzinski, James) |
| Filing 87 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ace Funding Source LLC, Ace Funding Source Second, LLC..(Zawodzinski, James) |
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Filing 86
ORDER re: #84 Letter, filed by Samas Corporation, Genesis Medical Staffing, Inc., TLC Travel Staff, LLC, Lighthouse Nursing, Inc., Wayne Staffing, LLC, Mynela LLC. In light of the parties' submission at Doc. 84, I will not enter a case management plan at this time. Additionally, it is ORDERED that all discovery in this matter shall be stayed pending the resolution of the motion to compel arbitration at Doc. 53. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/12/2023) (kv)
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Filing 85
ORDER granting #83 Letter Motion for Extension of Time to File Response/Reply re #83 LETTER MOTION for Extension of Time to File Response/Reply as to #80 Order on Motion for Extension of Time to File Response/Reply,, Agreed-Upon Briefing Schedule addressed to Judge Vernon S. Broderick from Nicholas A. Vytell, Esq. dated, #74 MOTION to Vacate Preliminary Injunction. APPLICATION GRANTED. SO ORDERED. Plaintiff shall file their opposition by June 23, 2023. KYF Defendants shall file any reply by July 10, 2023. Responses due by 6/23/2023 Replies due by 7/10/2023. (Signed by Judge Vernon S. Broderick on 6/9/2023) (tg)
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| Filing 84 LETTER addressed to Judge Vernon S. Broderick from Nicholas A. Vytell, Esq., on behalf of All Counsel dated 06/09/2023 re: Case Summary & Case Management Plan as directed by Doc. No. 81. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC. (Attachments: #1 Exhibit CASE MANAGEMENT PLAN AND SCHEDULING ORDER).(Vytell, Nicholas) |
| Filing 83 LETTER MOTION for Extension of Time to File Response/Reply as to #80 Order on Motion for Extension of Time to File Response/Reply,, Agreed-Upon Briefing Schedule addressed to Judge Vernon S. Broderick from Nicholas A. Vytell, Esq. dated 06/08/2023. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 82 NOTICE OF APPEARANCE by Mohammed Akber Alam on behalf of Ace Funding Source LLC, Ace Funding Source Second, LLC..(Alam, Mohammed) |
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Filing 81
ORDER This case has been assigned to me for all purposes. It is hereby: ORDERED that the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by June 8, 2023, the parties submit a joint letter, not to exceed three (3) pages. IT IS FURTHER ORDERED that the parties also jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at http://nysd.uscourts.gov/judge/Broderick. The status letter and the proposed case management plan should be filed electronically on ECF, consistent with Section 13.1 of the Courts Electronic Case Filing (ECF) Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-relatedinstructions. (And as further set forth herein.) SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/1/2023) (jca)
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Filing 80
ORDER granting #78 Letter Motion for Extension of Time to File Response/Reply re #78 LETTER MOTION for Extension of Time to File Response/Reply as to #74 MOTION to Vacate Preliminary Injunction., #75 Declaration in Support of Motion,, #77 LETTER MOTION for Oral Argument on the KYF Parties' Motion to Vacate. APPLICATION GRANTED SO ORDERED. Parties shall meet and confer on a briefing schedule for the opposition and reply to the KFY Defendants' motion to vacate and submit a joint proposed briefing schedule by June 8, 2023. Responses due by 6/23/2023, Replies due by 6/30/2023. (Signed by Judge Vernon S. Broderick on 6/1/2023) (jca)
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| Filing 79 LETTER RESPONSE in Opposition to Motion addressed to Judge Vernon S. Broderick from Andrew J. Urgenson dated May 31, 2023 re: #78 LETTER MOTION for Extension of Time to File Response/Reply as to #74 MOTION to Vacate Preliminary Injunction., #75 Declaration in Support of Motion,, #77 LETTER MOTION for Oral Argument on the KYF Parties' Motion to Vac . Document filed by Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann..(Lynn, Jonathan) |
| Filing 78 LETTER MOTION for Extension of Time to File Response/Reply as to #74 MOTION to Vacate Preliminary Injunction., #75 Declaration in Support of Motion,, #77 LETTER MOTION for Oral Argument on the KYF Parties' Motion to Vacate the Preliminary Injunction addressed to Judge Vernon S. Broderick from Jonathan A. Lynn dated May 25, 2023., #76 Memorandum of Law in Support of Motion, addressed to Judge Vernon S. Broderick from Nicholas A. Vytell, Esq. dated 05/31/2023. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 77 LETTER MOTION for Oral Argument on the KYF Parties' Motion to Vacate the Preliminary Injunction addressed to Judge Vernon S. Broderick from Jonathan A. Lynn dated May 25, 2023. Document filed by Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann..(Lynn, Jonathan) |
| Filing 76 MEMORANDUM OF LAW in Support re: #74 MOTION to Vacate Preliminary Injunction. . Document filed by Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann. (Attachments: #1 Appendix Unpublished Decisions (1 of 2), #2 Appendix Unpublished Decisions (2 of 2)).(Lynn, Jonathan) |
| Filing 75 DECLARATION of Jonathan A. Lynn in Support re: #74 MOTION to Vacate Preliminary Injunction.. Document filed by Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann. (Attachments: #1 Exhibit A - Preliminary Injunction Brief, #2 Exhibit B - Transcript of April 5, 2023 Proceedings, #3 Exhibit C - Motion in Stellar Beach Rentals, #4 Exhibit D - Complaint in Inventory Generation Inc., #5 Exhibit E - Motion in Christine Collins).(Lynn, Jonathan) |
| Filing 74 MOTION to Vacate Preliminary Injunction. Document filed by Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann..(Lynn, Jonathan) |
| Filing 73 ANSWER to #1 Complaint,,,, with JURY DEMAND., COUNTERCLAIM against TLC Travel Staff, LLC. Document filed by Albert Gindi. (Attachments: #1 Exhibit A Cap Table).(Fateha, Morris) |
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Filing 72
ORDER denying #71 Letter Motion for Leave to File Document. APPLICATION DENIED. Defendants' motion to oppose or reargue Plaintiffs' preliminary injunction motion is DENIED as untimely. Local Civil Rule 6.3 requires that any motion to reargue or reconsider a ruling be made within 14 days of the determination of the original motion. I decided Plaintiffs' preliminary injunction motion on April 5, 2023. Any motion for reconsideration was therefore due by April 19, 2023. Defendants' request for a nunc pro tunc extension of time to file a reply in support of the pending motion to compel is also DENIED Defendants filed the motion to compel on March 27, 2023, (Doc. 53), and Plaintiffs replied on April 10, 2023, (Doc. 60). Pursuant to Local Civil Rule 6.1 (b), any reply brief was due by April 17, 2023. A three-week delayed request for an extension which, additionally, does not comply with the rules for seeking an extension provided by Rule 1.G of my Individual Rules of Practice is therefore unmerited. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 5/15/2023) (kv)
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| Filing 71 LETTER MOTION for Leave to File Opposition to Plaintiffs' Motion for a Preliminary Injunction, or, alternatively, a Motion to Reargue the Motion for a Preliminary Injunction, and Reply in Further Support of Motion to Compel Arbitration addressed to Judge Vernon S. Broderick from Andrew J. Urgenson dated May 12, 2023. Document filed by Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann..(Lynn, Jonathan) |
| Filing 70 NOTICE of Substitution of Attorney. Old Attorney: Gene Rosen, New Attorney: Terrence Oved, Andrew J. Urgenson, Glen Lenihan, and Jonathan A. Lynn, Address: Oved & Oved LLP, 401 Greenwich Street, New York, New York, 10013, 212.226.2700. Document filed by Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann..(Lynn, Jonathan) |
| Filing 69 NOTICE OF APPEARANCE by Glen Bernard Lenihan on behalf of Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann..(Lenihan, Glen) |
| Filing 68 NOTICE OF APPEARANCE by Andrew Justin Urgenson on behalf of Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann..(Urgenson, Andrew) |
| Filing 67 NOTICE OF APPEARANCE by Jonathan Austin Lynn on behalf of Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann..(Lynn, Jonathan) |
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Filing 66
ORDER granting #65 Letter Motion for Extension of Time to Answer re #65 FIRST LETTER MOTION for Extension of Time to File Answer re: #28 Affidavit of Service Other, #61 Waiver of Service Executed, #62 Waiver of Service Executed, #1 Complaint, addressed to Judge Vernon S. Broderick from James J. Zaw, #1 Complaint. APPLICATION GRANTED. The Ace Parties shall answer the Plaintiffs' complaint by June 12, 2023. SO ORDERED. Ace Funding Source LLC answer due 6/12/2023; Ace Funding Source Second, LLC answer due 6/12/2023. (Signed by Judge Vernon S. Broderick on 5/12/2023) (kv)
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| Filing 65 FIRST LETTER MOTION for Extension of Time to File Answer re: #28 Affidavit of Service Other, #61 Waiver of Service Executed, #62 Waiver of Service Executed, #1 Complaint,,,, addressed to Judge Vernon S. Broderick from James J. Zawodzinski, Jr. dated 5/11/2023. Document filed by Ace Funding Source LLC, Ace Funding Source Second, LLC..(Zawodzinski, James) |
| Filing 64 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/5/2023 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) |
| Filing 63 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/5/2023 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300. 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 5/19/2023. Redacted Transcript Deadline set for 5/30/2023. Release of Transcript Restriction set for 7/27/2023..(McGuirk, Kelly) |
| Filing 62 WAIVER OF SERVICE RETURNED EXECUTED. Ace Funding Source Second, LLC waiver sent on 3/16/2023, answer due 5/15/2023. Document filed by Genesis Medical Staffing, Inc.; TLC Travel Staff, LLC; Lighthouse Nursing, Inc.; Samas Corporation; Mynela LLC; Wayne Staffing, LLC..(Reppert, Julius) |
| Filing 61 WAIVER OF SERVICE RETURNED EXECUTED. Ace Funding Source LLC waiver sent on 3/16/2023, answer due 5/15/2023. Document filed by Genesis Medical Staffing, Inc.; TLC Travel Staff, LLC; Lighthouse Nursing, Inc.; Samas Corporation; Mynela LLC; Wayne Staffing, LLC..(Reppert, Julius) |
| Filing 60 MEMORANDUM OF LAW in Opposition re: #53 MOTION to Stay . MOTION to Compel Arbitration . . Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC. (Attachments: #1 Affidavit Affidavit of Stephen Ludders in Opposition, #2 Affidavit /Declaration of Nicholas A. Vytell, Esq., in Opposition, #3 Exhibit A - Corporate Filing, #4 Exhibit B - June 2022 Article, #5 Exhibit C - RapidRuling Website, #6 Exhibit D - Panel of Arbitrators, #7 Exhibit E - RapidRuling Rules, #8 Exhibit F - LCF v. Fields Decision, #9 Exhibit G - Response in Arbitration).(Vytell, Nicholas) |
| Filing 59 NOTICE OF APPEARANCE by Morris Fateha on behalf of Albert Gindi..(Fateha, Morris) |
| Filing 58 REPLY to Response to Motion re: #5 EMERGENCY MOTION for Temporary Restraining Order . SUPPLEMENTAL REPLY BRIEF IN FURTHER SUPPORT OF PLAINTIFFS ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 57 MEMORANDUM OF LAW in Support re: #53 MOTION to Stay . MOTION to Compel Arbitration . . Document filed by Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann..(Rosen, Gene) |
| Filing 56 DECLARATION of Gabriel Mann in Support re: #53 MOTION to Stay . MOTION to Compel Arbitration .. Document filed by Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann..(Rosen, Gene) |
| Filing 55 DECLARATION of Isaac Kassab in Support re: #53 MOTION to Stay . MOTION to Compel Arbitration .. Document filed by Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann. (Attachments: #1 Exhibit A - November 14, 2022 E-mail from Stephen Ludders).(Rosen, Gene) |
| Filing 54 DECLARATION of Gene W. Rosen, Esq. in Support re: #53 MOTION to Stay . MOTION to Compel Arbitration .. Document filed by Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann. (Attachments: #1 Exhibit A - Complaint (part 1 of 3), #2 Exhibit A - Complaint (part 2 of 3), #3 Exhibit A - Complaint (part 3 of 3), #4 Exhibit B - Demand for Arbitration, #5 Exhibit C - Notice of Arbitration Filing).(Rosen, Gene) |
| Filing 53 MOTION to Stay ., MOTION to Compel Arbitration . Document filed by Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann..(Rosen, Gene) |
| Filing 52 RESPONSE in Opposition to Motion re: #5 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Ace Funding Source LLC, Ace Funding Source Second, LLC..(Zawodzinski, James) |
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Filing 51
MEMO ENDORSEMENT on re: #50 Letter Response to Motion terminating #49 Letter Motion for Leave to File Document. ENDORSEMENT: APPLICATION GRANTED. All oppositions, including any supplemental opposition by the ACE Defendants, shall be filed by March 27, 2023. Plaintiffs' reply shall be filed by April 3, 2023. Adjudication of this matter will otherwise proceed on the schedule set out at Doc. 48. The Clerk of Court is respectfully directed to close the motion at Doc. 49. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/24/2023) (vfr)
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| Set/Reset Deadlines: Responses due by 3/27/2023 Replies due by 4/3/2023. (vfr) |
| Filing 50 LETTER RESPONSE to Motion addressed to Judge Vernon S. Broderick from Nicholas A. Vytell, Esq. dated 03/23/2023 re: #49 LETTER MOTION for Leave to File Sur-Reply addressed to Judge Vernon S. Broderick from James J. Zawodzinski, Jr. dated March 23, 2023. with proposed consented briefing schedule. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 49 LETTER MOTION for Leave to File Sur-Reply addressed to Judge Vernon S. Broderick from James J. Zawodzinski, Jr. dated March 23, 2023. Document filed by Ace Funding Source LLC, Ace Funding Source Second, LLC. Return Date set for 4/5/2023 at 02:00 PM..(Zawodzinski, James) |
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Filing 48
ORDER: Given Plaintiffs' assertions, it will not be tenable to adjudicate the preliminary injunction requests separately while still accommodating certain defendants' extension request. Accordingly, I find, pursuant to Fed. R. Civ. P. 65(b)(2), that there is good cause to extend the temporary restraining order entered at Doc. 8, against all Defendants until April 5, 2023. The hearing currently scheduled for March 22, 2023, at 2:00 p.m., is hereby adjourned to April 5, 2023, at 2:00 p.m. This hearing shall address the preliminary injunction motion for all Defendants. This hearing shall be conducted by telephone conference at conference line 9-1-888363-4749, access code 2682448. Defendants identified in my Order at Doc. 43, shall file their opposition to Plaintiffs' motion by March 24, 2023. Plaintiffs shall file any reply by March 28, 2023. SO ORDERED. (Telephone Conference set for 4/5/2023 at 02:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 3/21/2023) (kv) Modified on 3/21/2023 (kv).
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| Filing 47 LETTER RESPONSE in Opposition to Motion addressed to Judge Vernon S. Broderick from Nicholas A. Vytell, Esq. dated 03/20/2023 re: #40 LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Gene W. Rosen, Esq. dated March 17, 2023. . Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 46 AFFIDAVIT of Stephen Ludders in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC. (Attachments: #1 Exhibit A - June Loan).(Vytell, Nicholas) |
| Filing 45 DECLARATION of Nicholas A. Vytell, Esq. in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC. (Attachments: #1 Exhibit 1 - Email and Letter Transmittal, #2 Exhibit 2 - Certified Mail Tracking Confirmations).(Vytell, Nicholas) |
| Filing 44 REPLY to Response to Motion re: #40 LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Gene W. Rosen, Esq. dated March 17, 2023., #5 EMERGENCY MOTION for Temporary Restraining Order . Reply Brief in Opposition to Motion for Extension and in Further Support of Motion for Preliminary Injunction. Document filed by Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
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Filing 43
ORDER granting #40 Letter Motion for Extension of Time. APPLICATION GRANTED. Defendants Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, and Gabriel Mann shall file their opposition by March 24, 2023. Plaintiff may file any reply to these papers by March 28, 2023. A hearing on the issuance of a preliminary injunction as to these Defendants shall take place on March 31, 2023, at 4 p.m. The temporary restraining order issued at Doc. 8 shall remain effective as to these Defendants until the resolution of the hearing on March 31, 2023. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 3/20/2023) (kv)
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| Set/Reset Hearings:( Status Conference set for 3/31/2023 at 04:00 PM before Judge Vernon S. Broderick.), Set/Reset Deadlines: ( Responses due by 3/24/2023, Replies due by 3/28/2023.) (kv) |
| Filing 42 DECLARATION of Hanoch Guttman in Opposition re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Ace Funding Source LLC, Ace Funding Source Second, LLC. (Attachments: #1 Exhibit A to Declaration of Hanoch Guttman).(Zawodzinski, James) |
| Filing 41 MEMORANDUM OF LAW in Opposition re: #5 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Ace Funding Source LLC, Ace Funding Source Second, LLC..(Zawodzinski, James) |
| Filing 40 LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Gene W. Rosen, Esq. dated March 17, 2023. Document filed by Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann. Return Date set for 3/22/2023 at 02:00 PM..(Rosen, Gene) |
| Filing 39 NOTICE OF APPEARANCE by James Zawodzinski, Jr on behalf of Ace Funding Source LLC, Ace Funding Source Second, LLC..(Zawodzinski, James) |
| Filing 38 WAIVER OF SERVICE RETURNED EXECUTED. Isaac Kassab waiver sent on 3/16/2023, answer due 5/15/2023. Document filed by Genesis Medical Staffing, Inc.; TLC Travel Staff, LLC; Lighthouse Nursing, Inc.; Samas Corporation; Mynela LLC; Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 37 NOTICE OF APPEARANCE by Gene Wurzel Rosen on behalf of Green Note Capital Partners, Inc., KYF Global Partners, LLC, Isaac Kassab, Gabriel Mann..(Rosen, Gene) |
| Filing 36 WAIVER OF SERVICE RETURNED EXECUTED. Gabriel Mann waiver sent on 3/16/2023, answer due 5/15/2023. Document filed by Genesis Medical Staffing, Inc.; TLC Travel Staff, LLC; Lighthouse Nursing, Inc.; Samas Corporation; Mynela LLC; Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 35 WAIVER OF SERVICE RETURNED EXECUTED. KYF Global Partners, LLC waiver sent on 3/16/2023, answer due 5/15/2023. Document filed by Genesis Medical Staffing, Inc.; TLC Travel Staff, LLC; Lighthouse Nursing, Inc.; Samas Corporation; Mynela LLC; Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 34 WAIVER OF SERVICE RETURNED EXECUTED. Green Note Capital Partners, Inc. waiver sent on 3/16/2023, answer due 5/15/2023. Document filed by Genesis Medical Staffing, Inc.; TLC Travel Staff, LLC; Lighthouse Nursing, Inc.; Samas Corporation; Mynela LLC; Wayne Staffing, LLC..(Vytell, Nicholas) |
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Filing 33
STIPULATION OF DISMISSAL WITHOUT PREJUDICE: Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, Plaintiffs and Defendant, UNION FUNDING SOURCE, INC., by and through their undersigned attorneys, hereby stipulate and agree to voluntarily dismiss all claims as against Defendant, UNION FUNDING SOURCE, INC., without prejudice and without costs; Nothing in this Stipulation shall prejudice or otherwise effect the remaining claims. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/17/2023) (va)
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #32 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Vernon S. Broderick 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) Union Funding Source, Inc. and without costs. Document filed by Genesis Medical Staffing, Inc., TLC Travel Staff, LLC, Lighthouse Nursing, Inc., Samas Corporation, Mynela LLC, Wayne Staffing, LLC. Proposed Order to be reviewed by Clerk's Office staff...(Vytell, Nicholas) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Nicholas Vytell. RE-FILE Document No. #27 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (ink signatures) 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 signature image) PDF. (nd) |
| Filing 31 AFFIDAVIT OF SERVICE of Temporary Restraining Order and Order to Show Cause, Verified Complaint, and Documents in Support served on KYF Global Partners, LLC on 03/10/2023. Service was accepted by Zach Lewis, General Agent. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 30 AFFIDAVIT OF SERVICE of Temporary Restraining Order and Order to Show Cause, Verified Complaint, and Documents in Support served on Green Note Capital Partners, Inc. on 03/13/2023. Service was accepted by Gabe Mann, Manager. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 29 AFFIDAVIT OF SERVICE of Temporary Restraining Order and Order to Show Cause, Verified Complaint, and Documents in Support served on Albert Gindi on 03/10/2023. Service was accepted by Betty Gindi, Mother. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 28 AFFIDAVIT OF SERVICE of Temporary Restraining Order and Order to Show Cause, Verified Complaint, and Documents in Support served on Ace Funding Source, LLC on 03/10/2023. Service was accepted by Tiffany Sala, Agent. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 27 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, without prejudice against the defendant(s) Union Funding Source, Inc. and without costs. Document filed by Genesis Medical Staffing, Inc., TLC Travel Staff, LLC, Lighthouse Nursing, Inc., Samas Corporation, Mynela LLC, Wayne Staffing, LLC. Proposed Order to be reviewed by Clerk's Office staff...(Vytell, Nicholas) Modified on 3/14/2023 (nd) . |
| Filing 26 ELECTRONIC SUMMONS ISSUED as to Ace Funding Source LLC..(gp) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Green Note Capital Partners, Inc...(gp) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to KYF Global Partners, LLC..(gp) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Patriarch Capital Holdings, LLC..(gp) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Ace Funding Source Second, LLC..(gp) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Union Funding Source, Inc...(gp) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Albert Gindi..(gp) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to KYF Global Partners, LLC..(gp) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Gabriel Mann..(gp) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Gabriel Mann, re: #1 Complaint,,,,. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Isaac Kassab, re: #1 Complaint,,,,. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Albert Gindi, re: #1 Complaint,,,,. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Union Funding Source, Inc., re: #1 Complaint,,,,. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to ACE Funding Source Second, LLC, re: #1 Complaint,,,,. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Patriarch Capital Holdings, LLC, re: #1 Complaint,,,,. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to KYF Global Partners, LLC, re: #1 Complaint,,,,. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Green Note Capital Partners, Inc., re: #1 Complaint,,,,. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to ACE Funding Source, LLC, re: #1 Complaint,,,,. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
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Filing 8
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE: Accordingly, it is hereby: ORDERED that Defendants show cause before this Court on March 22, 2023, at 2:00 p.m., by telephone conference to be held at 1-888-363-4749, conference code 2682448, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Fed. R. Civ. P. 65 enjoining Defendants and all persons in active concert and participation with them who are properly served pursuant to the terms of this Temporary Restraining Order and Order to Show Cause ("Temporary Restraining Order") during the pendency of this action or until further order from this Court from seeking to recover on or enforce any agreement for the repayment of debt (including, but not limited to merchant cash advance agreements and loan agreements, and pledge agreements) through any vehicle for the collection and enforcement of debt (including, but not limited to confessions of judgment, powers of attorney designations, liens, UCC Financing Statements, writs of attachment, assignments of lease, or automatic debiting of Plaintiffs' accounts). IT IS FURTHER ORDERED that, sufficient reason having been shown, pending the hearing on Plaintiffs' application for a preliminary injunction, pursuant to Fed. R. Civ. P. 65(b), Defendants and all persons in active concert and participation with them are temporarily restrained and enjoined seeking to recover on or enforce any agreement for the repayment of debt between Defendants and Plaintiffs (including, but not limited to merchant cash advance agreements, loan agreements, consent judgments, confessions of judgment and pledge agreements) through any vehicle for the enforcement of debt (including, but not limited to powers of attorney, liens, UCC Financing Statements, writs of attachment, or automatic debiting of Plaintiffs' accounts); and IT IS FURTHER ORDERED that Defendants shall file any opposition to Plaintiffs' request for a Preliminary Injunction by March 17, 2023. Any reply by Plaintiffs to papers filed by Defendants shall be filed by March 20, 2023; and IT IS FURTHER ORDERED that security in the amount of $1,000.00 be posted by Plaintiffs by March 13, 2023; and IT IS FURTHER ORDERED that this Temporary Restraining Order will expire 14 days after the date of its issuance pursuant to Fed. R. Civ. P. 65(b)(2); and IT IS FURTHER ORDERED that Plaintiffs shall serve a copy of this Temporary Restraining Order and the supporting documents upon which it is based upon Defendants by names of email, registered mail, and through personal service by March 13, 2023, and file proof of service on the docket. The Clerk of Court is respectfully directed to terminate the motion at Doc. 5. SO ORDERED. (Responses due by 3/17/2023, Replies due by 3/20/2023., Telephone Conference set for 3/22/2023 at 02:00 PM before Judge Vernon S. Broderick.), Motions terminated: #5 EMERGENCY MOTION for Temporary Restraining Order . filed by Samas Corporation, Genesis Medical Staffing, Inc., TLC Travel Staff, LLC, Lighthouse Nursing, Inc., Wayne Staffing, LLC, Mynela LLC. (Signed by Judge Vernon S. Broderick on 3/9/2023) (kv) Transmission to Finance Unit (Cashiers) for processing.
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Filing 7 DECLARATION of Nicholas A. Vytell, Esq. in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC. (Attachments: #1 Exhibit 1 - 3/8/23 Notice to Defendants, #2 Exhibit 2 - Upublished Decision in Lateral Recovery LLC v. Queen Funding, LLC., #3 Exhibit 3 - Unpublished Decision in Fleetwood Services, LLC, v. Ram Capital Funding, LLC).(Vytell, Nicholas) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) |
| Filing 5 EMERGENCY MOTION for Temporary Restraining Order . Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 4 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Vytell, Nicholas) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Genesis Medical Staffing, Inc., Lighthouse Nursing, Inc., Mynela LLC, Samas Corporation, TLC Travel Staff, LLC, Wayne Staffing, LLC..(Reppert, Julius) |
| Filing 2 CIVIL COVER SHEET filed..(Reppert, Julius) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Nicholas Alexander Vytell. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt);. The following correction(s) have been made to your case entry: the Arbitration code has been deleted;. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Nicholas Alexander Vytell. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nicholas Alexander Vytell. The party information for the following party/parties has been modified: TLC TRAVEL STAFF, LLC; GENESIS MEDICAL STAFFING, LLC; SAMAS CORPORATION; MYNELA LLC; WAYNE STAFFING, LLC; LIGHTHOUSE NURSING, INC.; KYF GLOBAL PARTNERS, LLC; PATRIARCH CAPITAL HOLDINGS, LLC; ACE FUNDING SOURCE SECOND, LLC; ABC CORPORATIONS, 1-10, the fictitious names for unknown companies and/or other business entities; John Does 1 through 10 (fictitious names). The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted;. (jgo) |
| 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 1 COMPLAINT against ABC CORPORATIONS, 1-10, the fictitious names for unknown companies and/or other business entities, ACE FUNDING SOURCE SECOND, LLC, Ace Funding Source LLC, Albert Gindi, Green Note Capital Partners, Inc., John Does 1 through 10 (fictitious names), KYF GLOBAL PARTNERS, LLC, Isaac Kassab, Gabriel Mann, PATRIARCH CAPITAL HOLDINGS, LLC, Union Funding Source, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27428544)Document filed by GENESIS MEDICAL STAFFING, LLC, TLC TRAVEL STAFF, LLC, LIGHTHOUSE NURSING, INC., SAMAS CORPORATION, MYNELA LLC, WAYNE STAFFING, LLC. (Attachments: #1 Affidavit Verification of Steven Ludders, #2 Exhibit A - 4/27/22 Email, #3 Exhibit B - Gindi Payments, #4 Exhibit C - 11/2/2022 Email, #5 Exhibit D - Pledge Agreement, #6 Exhibit E - Broker Agreement, #7 Exhibit F - 2/2023 Letter of Intent, #8 Exhibit G - 8/22/2022 KYF loan, #9 Exhibit H - 09/20/2022 Green Note loan, #10 Exhibit I - 10/14/2022 KYF loan, #11 Exhibit J - 11/09/2022 KYF loan, #12 Exhibit K - 11/23/2022 KYF loan, #13 Exhibit L - 11/23/2022 KYF loan, #14 Exhibit M - 11/28/2022 KYF loan, #15 Exhibit N - 01/18/2023 KYF loan, #16 Exhibit O - Email Collection).(Vytell, Nicholas) |
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