Fruit Street Health P.B.C. et al v. Kapitus Servicing, Inc. et al
Plaintiff: Fruit Street Health P.B.C. and Laurence N. Girard
Defendant: Kapitus Servicing, Inc. f/k/a Colonial Funding, Network, Inc., as servicing Agent for Kapitus LLC, Kapitus LLC, Monique V. Arno and John and Jane Doe Investors
Case Number: 1:2023cv07962
Filed: September 8, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Jessica G L Clarke
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1962 Racketeering (RICO) Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2023 Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Kapitus LLC served on 9/25/2023, answer due 11/16/2023. Service was accepted by Sue Zouky, Document Specialist at New York Secretary of State. Document filed by Fruit Street Health P.B.C.; Laurence N. Girard..(Heskin, Shane)
October 3, 2023 Opinion or Order Filing 17 ORDER granting #14 Letter Motion for Extension of Time. Application GRANTED. Defendants' deadline to respond to the Complaint is extended to November 16, 2023. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 14. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 10/3/2023) (jca)
October 3, 2023 Set/Reset Deadlines: Monique V. Arno answer due 11/16/2023; Kapitus LLC answer due 11/16/2023; Kapitus Servicing, Inc. f/k/a Colonial Funding answer due 11/16/2023; Network, Inc., as servicing Agent for Kapitus LLC answer due 11/16/2023. (jca)
September 28, 2023 Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Network, Inc., as servicing Agent for Kapitus LLC served on 9/25/2023, answer due 10/16/2023. Service was accepted by Sue Zouky, Document Specialist at New York Secretary of State. Document filed by Fruit Street Health P.B.C.; Laurence N. Girard..(Heskin, Shane)
September 28, 2023 Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Kapitus Servicing, Inc. f/k/a Colonial Funding served on 9/25/2023, answer due 10/16/2023. Service was accepted by Sue Zouky, Document Specialist at New York Secretary of State. Document filed by Fruit Street Health P.B.C.; Laurence N. Girard..(Heskin, Shane)
September 26, 2023 Filing 14 LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Jessica G. L. Clarke. Document filed by Monique V. Arno, Kapitus LLC, Kapitus Servicing, Inc. f/k/a Colonial Funding, Network, Inc., as servicing Agent for Kapitus LLC..(Gorchkova, Julie)
September 21, 2023 Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Monique V. Arno served on 9/14/2023, answer due 10/5/2023. Service was accepted by Monique V. Arno. Document filed by Fruit Street Health P.B.C.; Laurence N. Girard..(Heskin, Shane)
September 13, 2023 Filing 12 NOTICE OF APPEARANCE by Alex David Corey on behalf of Fruit Street Health P.B.C., Laurence N. Girard..(Corey, Alex)
September 12, 2023 Filing 11 ELECTRONIC SUMMONS ISSUED as to Network, Inc., as servicing Agent for Kapitus LLC. (vf)
September 12, 2023 Filing 10 ELECTRONIC SUMMONS ISSUED as to Kapitus Servicing, Inc. f/k/a Colonial Funding. (vf)
September 12, 2023 Filing 9 ELECTRONIC SUMMONS ISSUED as to Kapitus LLC. (vf)
September 12, 2023 Filing 8 ELECTRONIC SUMMONS ISSUED as to Monique V. Arno. (vf)
September 11, 2023 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Network, Inc. as servicing agent for Kapitus LLC, re: #1 Complaint,,. Document filed by Fruit Street Health P.B.C., Laurence N. Girard..(Heskin, Shane)
September 11, 2023 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Kapitus Servicing, Inc. f/k/a Colonial Funding, re: #1 Complaint,,. Document filed by Fruit Street Health P.B.C., Laurence N. Girard..(Heskin, Shane)
September 11, 2023 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Kapitus LLC, re: #1 Complaint,,. Document filed by Fruit Street Health P.B.C., Laurence N. Girard..(Heskin, Shane)
September 11, 2023 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Monique V. Arno, re: #1 Complaint,,. Document filed by Fruit Street Health P.B.C., Laurence N. Girard..(Heskin, Shane)
September 11, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. 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)
September 11, 2023 Magistrate Judge Stewart D. Aaron 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)
September 11, 2023 ***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 New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)
September 11, 2023 Case Designated ECF. (pc)
September 8, 2023 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fruit Street Health P.B.C...(Heskin, Shane)
September 8, 2023 Filing 2 CIVIL COVER SHEET filed..(Heskin, Shane)
September 8, 2023 Filing 1 COMPLAINT against Monique V. Arno, John and Jane Doe Investors, Kapitus LLC, Kapitus Servicing, Inc. f/k/a Colonial Funding, Network, Inc., as servicing Agent for Kapitus LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28259958)Document filed by Fruit Street Health P.B.C., Laurence N. Girard. (Attachments: #1 Exhibit A - October 14, 2019 Kapitus MCA, #2 Exhibit B - May 26, 2020 Kapitus MCA, #3 Exhibit C - December 23, 2020 Kapitus MCA, #4 Exhibit D - Email from Kapitus).(Heskin, Shane)

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Plaintiff: Fruit Street Health P.B.C.
Represented By: Shane R. Heskin
Represented By: Alex David Corey
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Plaintiff: Laurence N. Girard
Represented By: Shane R. Heskin
Represented By: Alex David Corey
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Defendant: Kapitus Servicing, Inc. f/k/a Colonial Funding
Represented By: Julie Gorchkova
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Defendant: Network, Inc., as servicing Agent for Kapitus LLC
Represented By: Julie Gorchkova
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Defendant: Kapitus LLC
Represented By: Julie Gorchkova
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Defendant: Monique V. Arno
Represented By: Julie Gorchkova
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Defendant: John and Jane Doe Investors
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