Zero Carbon Holdings, LLC et al v. Aspiration Partners, Inc.
| Zero Carbon Holdings, LLC and Four Thirteen, LLC |
| Aspiration Partners, LLC and Aspiration Partners, Inc. |
| 1:2023cv05262 |
| June 21, 2023 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Contract: Other |
| 28 U.S.C. § 1332 oc Diversity-Other Contract |
| None |
Docket Report
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 ORAL MOTION for Scott Michael Hare to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28021859. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Motion not filed; missing Certificate of Good Standing from the Supreme Court of Pennsylvania and the Supreme Court of Michigan. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
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Filing 20
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Aspiration Partners, Inc...(Faraci, Stephen)
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Filing 19
WAIVER OF SERVICE RETURNED EXECUTED. Aspiration Partners, Inc. waiver sent on 7/27/2023, answer due 9/25/2023. Document filed by Zero Carbon Holdings, LLC; Four Thirteen, LLC..(Madavo, Sara)
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Filing 18
EXHIBIT TO PLEADING re: #16 Amended Complaint,,,,. Document filed by Four Thirteen, LLC, Zero Carbon Holdings, LLC..(Madavo, Sara)
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Filing 17
AFFIDAVIT of Scott Michael Hare in Support re: #13 ORAL MOTION for Scott Michael Hare to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28021859. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Aspiration Partners, Inc.. (Attachments: #1 Exhibit Certificates of Good Standing).(Hare, Scott)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sara Pamhidzai Madavo re: Document No. #16 Second Amended Complaint. 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 16
SECOND AMENDED COMPLAINT amending #8 Amended Complaint,,, #5 Complaint,,, against Aspiration Partners, Inc..Document filed by Zero Carbon Holdings, LLC, Four Thirteen, LLC. Related document: #8 Amended Complaint,,, #5 Complaint,,,. (Attachments: #1 Exhibit 1 - ISDA Master Agreement (Part 1 of 2), #2 Exhibit 1 - ISDA Master Agreement (Part 2 of 2), #3 Exhibit 2 - Letter Confirmation signed February 9, 2022, #4 Exhibit 3 - Equity Pledge Agreement, #5 Exhibit 4 - First Default Notice dated February 1, 2023, #6 Exhibit 5 - Second Default Notice dated March 28, 2023, #7 Exhibit 6 - First Notification of Public Disposition dated May 8, 2023, #8 Exhibit 7 - Second Notification of Public Disposition May 22, 2023, #9 Exhibit 8 - Third Notification of Public Disposition dated June 21, 2023, #10 Exhibit 9 - Fourth Notification of Public Disposition dated June 27, 2023, #11 Exhibit 10 - Fifth Notification of Public Disposition dated July 7, 2023).(Madavo, Sara) Modified on 7/25/2023 (jgo). Modified on 7/27/2023 (vf).
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Filing 15
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Four Thirteen, LLC, Zero Carbon Holdings, LLC..(Madavo, Sara)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Sara Madavo to RE-FILE Document No. #12 Rule 7.1 Corporate Disclosure Statement, #3 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added; the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found on the NYSD forms page. (kj)
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Set/Reset Hearings: Evidentiary Hearing set for 9/28/2023 at 09:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. Evidentiary Hearing set for 9/29/2023 at 09:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 7/19/2023 in re: [Dkt. No. 9] Plaintiffs' Proposed Temporary Restraining Order. Sara Madavo present by telephone for Plaintiffs. Scott Hare present by telephone for Defendant. Court reporter present by telephone. Defendant's opposition papers due by September 14, 2023. Plaintiffs' reply papers due by September 21, 2023. Parties are to submit a letter by the end of next week indicating whether they are prepared to collapse proceedings, positions with respect to discovery, and positions with respect to second amended complaint and service. Evidentiary Hearing set for September 28 and 29, 2023 at 9:00AM in Courtroom 15C before Judge Lewis J. Liman. (mf)
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Filing 14
NOTICE OF APPEARANCE by Stephen Matthew Faraci, Sr on behalf of Aspiration Partners, Inc...(Faraci, Stephen)
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Filing 13
FILING ERROR - DEFICIENT DOCKET ENTRY - ORAL MOTION for Scott Michael Hare to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28021859. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aspiration Partners, Inc.. (Attachments: #1 Affidavit Declaration of Scott Michael Hare in Support of Oral Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Order for Admission Pro Hac Vice on Oral Motion).(Hare, Scott) Modified on 8/15/2023 (sgz).
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Filing 12
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Four Thirteen, LLC, Zero Carbon Holdings, LLC..(Madavo, Sara) Modified on 7/20/2023 (kj).
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Filing 11
LETTER addressed to Judge Lewis J. Liman from Scott M. Hare, Esquire dated July 19, 2023 re: Hearing Schedule. Document filed by Aspiration Partners, Inc...(Hare, Scott)
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Filing 10
Order: The Court will hold a hearing on the pending Temporary Restraining Order on July 19, 2023 at 3:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (st)
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ORDER: The hearing scheduled for today at 3:30 PM will proceed telephonically. The parties are directed to dial into the Courts teleconference line at 888-251-2909, enter Access Code 2123101, and follow the necessary prompts. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (st)
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***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #9 Proposed Temporary Restraining Order was reviewed and approved as to form. (nd)
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Filing 9
PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Four Thirteen, LLC, Zero Carbon Holdings, LLC. (Attachments: #1 Supplement Plaintiffs' Memorandum of Law in Support of Their Application for a Temporary Restraining Order and a Preliminary Injunction, #2 Affidavit Declaration of Jay Rogers, #3 Exhibit 1 - Part 1 of 2 - ISDA Master Agr. - Decl. of Jay Rogers, #4 Exhibit 1 - Part 2 of 2 - ISDA Master Agr. to Decl. of Jay Rogers, #5 Exhibit 2 - Confirmation Agreement to Decl. of Jay Rogers, #6 Exhibit 3 - Equity Pledge Agr. to Decl. of Jay Rogers, #7 Exhibit 4 - 1st Def. Notice to Decl. of Jay Rogers, #8 Exhibit 5 - 2nd Def. Notice to Decl. of Jay Rogers, #9 Exhibit 6 - 1st Not. of Public Disp. to Decl. of Jay Rogers, #10 Exhibit 7 - May 10 Ltr. to Aspiration to Decl. of Jay Rogers, #11 Exhibit 8 - May 17 Notice of Default to Decl. of Jay Rogers, #12 Exhibit 9 - May 22 Notification of Public Disp. to Decl. of Jay Rogers, #13 Exhibit 10 - July 10 Notification of Public Disp. to Decl. of Jay Rogers, #14 Exhibit 11 - June 27, 2023 4th Notification of Public Disp. to Decl. of Jay Rogers, #15 Exhibit 12 - July 7, 2023 Notification of Public Disp. to Decl. of Jay Rogers, #16 Affidavit Declaration of Sara P. Madavo, #17 Exhibit 1 - June 19 Letter to Aspiration to Decl. of Sara P. Madavo, #18 Exhibit 2 - June 21 Correspondence to Decl. of Sara P. Madavo, #19 Exhibit 3 - July 17 Correspondence to Decl. of Sara P. Madavo, #20 Exhibit 4 - Amended Complaint - Part 1 of 3 to Decl. of Sara P. Madavo, #21 Exhibit 4 - Amended Complaint - Part 2 to Decl. of Sara P. Madavo, #22 Exhibit 4 - Amended Complaint - Part 3 to Decl. of Sara P. Madavo, #23 Affidavit Declaration of Lucia Aragao).(Madavo, Sara) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 8
AMENDED COMPLAINT amending #5 Complaint,,, against Aspiration Partners, Inc..Document filed by Zero Carbon Holdings, LLC, Four Thirteen, LLC. Related document: #5 Complaint,,,. (Attachments: #1 Exhibit 1 - ISDA Master Agreement (Part 1 of 2), #2 Exhibit 1 - ISDA Master Agreement (Part 2 of 2), #3 Exhibit 2 - Letter Confirmation signed February 9, 2022, #4 Exhibit 3 - Equity Pledge Agreement, #5 Exhibit 4 - First Default Notice dated February 1, 2023, #6 Exhibit 5 - Second Default Notice dated March 28, 2023, #7 Exhibit 6 - First Notification of Public Disposition dated May 8, 2023, #8 Exhibit 7 - Second Notification of Public Disposition May 22, 2023, #9 Exhibit 8 - Third Notification of Public Disposition dated June 21, 2023, #10 Exhibit 9 - Fourth Notification of Public Disposition dated June 27, 2023, #11 Exhibit 10 - Fifth Notification of Public Disposition dated July 7, 2023).(Madavo, Sara)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Aspiration Partners, Inc...(pc)
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Filing 6
CIVIL COVER SHEET filed..(Madavo, Sara)
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Filing 5
COMPLAINT against Aspiration Partners, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27905479)Document filed by Zero Carbon Holdings, LLC, Four Thirteen, LLC. (Attachments: #1 Exhibit 1 - ISDA Master Agreement (Part 1), #2 Exhibit 1 - ISDA Master Agreement (Part 2), #3 Exhibit 1 - ISDA Master Agreement (Part 3), #4 Exhibit 1 - ISDA Master Agreement (Part 4), #5 Exhibit 1 - ISDA Master Agreement (Part 5), #6 Exhibit 2 - Letter Confirmation signed February 9, 2022, #7 Exhibit 3 - Equity Pledge Agreement, #8 Exhibit 4 - First Default Notice dated February 1, 2023, #9 Exhibit 5 - Second Default Notice dated March 28, 2023, #10 Exhibit 6 - First Notification of Public Disposition dated May 8, 2023).(Madavo, Sara)
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Magistrate Judge Sarah Netburn 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. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(pc)
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Case Designated ECF. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sara Pamhidzai Madavo to RE-FILE Document No. #1 Complaint,,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sara Pamhidzai Madavo. The party information for the following party/parties has been modified: Zero Carbon Holdings, LLC, Four Thirteen, LLC, Aspiration Partners, LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error, party role was entered incorrectly;. (pc) Modified on 6/22/2023 (pc).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Sara Pamhidzai Madavo to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple citizenships for the plaintiff and the defendant were selected. Choose one for the first listed plaintiff and defendant. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Aspiration Partners, Inc., re: #1 Complaint,,,. Document filed by Four Thirteen, LLC, Zero Carbon Holdings, LLC..(Madavo, Sara)
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Filing 3
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Four Thirteen, LLC, Zero Carbon Holdings, LLC..(Madavo, Sara) Modified on 7/20/2023 (kj).
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Madavo, Sara) Modified on 6/22/2023 (pc).
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Filing 1
FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - COMPLAINT against Zero Carbon Holdings, LLC, Four Thirteen, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27903047)Document filed by Zero Carbon Holdings, LLC, Four Thirteen, LLC. (Attachments: #1 Exhibit 1 - ISDA Master Agreement (Part 1), #2 Exhibit 1 - ISDA Master Agreement (Part 2), #3 Exhibit 1 - ISDA Master Agreement (Part 3), #4 Exhibit 1 - ISDA Master Agreement (Part 4), #5 Exhibit 1 - ISDA Master Agreement (Part 5), #6 Exhibit 2 - Letter Confirmation signed February 9, 2022, #7 Exhibit 3 - Equity Pledge Agreement, #8 Exhibit 4 - First Default Notice dated February 1, 2023, #9 Exhibit 5 - Second Default Notice dated March 28, 2023, #10 Exhibit 6 - First Notification of Public Disposition dated May 8, 2023).(Madavo, Sara) Modified on 6/22/2023 (pc).
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