Spig Industry, LLC et al v. Novac Equities LLC et al
| Spig Industry, LLC, Selco Construction Services, Inc., Danny Webb Const. Co., Inc., Joshua M Harman, Jesse Christopher Harman and J. Christopher Harman |
| Novac Equities LLC, Parkview Advance, LLC, C2 Advance, LLC, Capybara Capital, LLC, Advantage Platform Services, Inc., Eagle Eye Advance LLC, Prosperum Capital Partners LLC, Advance Servicing Inc., John Doe, Jane Doe and John and Jane Doe Defendants |
| 1:2023cv08667 |
| October 3, 2023 |
| U.S. District Court for the Southern District of New York |
| Analisa Torres |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| None |
Docket Report
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| Filing 30 LETTER RESPONSE in Support of Motion addressed to Judge Analisa Torres from Gabriel Mendelberg dated November 22, 2023 re: #21 LETTER MOTION for Leave to File motion to sever, arbitrate or dismiss addressed to Judge Analisa Torres from Gabriel Mendelberg dated November 15, 2023., #26 LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from John M. Stravato dated November 21, 2023. . Document filed by Capybara Capital, LLC..(Mendelberg, Gabriel) |
Filing 29
ORDER granting #26 Letter Motion for Extension of Time. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 11/22/2023) (ks)
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| Set/Reset Deadlines: Responses due by 12/1/2023 (ks) |
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Filing 28
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICEAS AGAINST ADVANCE SERVICING INC.ONLYPLEASE TAKE NOTICE THAT, pursuant to Fed. R. Civ. P. 4l(a)(l )(A)(i), Plaintiffs, SPIG INDUSTRY, LLC, SELCO CONSTRUCTION SERVICES, INC., DANNY WEBB CONST. CO., INC., JOSHUA M. HARMAN, and J. CHRISTOPHER HARMAN, by and through their counsel, John M. Stravato, voluntarily dismiss this action with prejudice as against ADVANCE SERVICING INC. only. Plaintiffs and Defendant ADVANCE SERVICING INC. shall each bear his/its own attorney's fees and costs. The Clerk of Court is directed to terminate Advance Servicing Inc. as a defendant in this case. SO ORDERED. Advance Servicing Inc. terminated. (Signed by Judge Analisa Torres on 11/21/2023) (jca)
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Filing 27
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS AGAINST PROSPERUM CAPITAL PARTNERS LLC ONLY PLEASE TAKE NOTICE THAT, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiffs, SPIG INDUSTRY, LLC, SELCO CONSTRUCTION SERVICES, INC., DANNY WEBB CONST. CO., INC., JOSHUA M. HARMAN, and J. CHRISTOPHER HARMAN, by and through their counsel, John M. Stravato, voluntarily dismiss this action without prejudice as against PROSPERUM CAPITAL PARTNERS LLC only. The Clerk of Court is directed to terminate Prosperum Capital Partners LLC as a defendant in this case. SO ORDERED. (Signed by Judge Analisa Torres on 11/21/2023) Prosperum Capital Partners LLC terminated. (ks)
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| Filing 26 LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from John M. Stravato dated November 21, 2023. Document filed by Danny Webb Const. Co., Inc., J. Christopher Harman, Joshua M Harman, Selco Construction Services, Inc., Spig Industry, LLC..(Stravato, John) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #24 Notice of Voluntary Dismissal, was reviewed and referred to Judge Analisa Torres 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) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #25 Notice of Voluntary Dismissal, was reviewed and referred to Judge Analisa Torres 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 25 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Advance Servicing Inc.. Document filed by Danny Webb Const. Co., Inc., Selco Construction Services, Inc., Joshua M Harman, Spig Industry, LLC, J. Christopher Harman. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Stravato, John) |
| Filing 24 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Prosperum Capital Partners LLC. Document filed by Danny Webb Const. Co., Inc., Selco Construction Services, Inc., Joshua M Harman, Spig Industry, LLC, J. Christopher Harman. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Stravato, John) |
| Filing 23 LETTER MOTION for Leave to File re: additional grounds for dismissal addressed to Judge Analisa Torres from Christopher R. Murray dated November 15, 2023. Document filed by Prosperum Capital Partners LLC..(Murray, Christopher) |
| Filing 22 LETTER MOTION to Compel Arbitration or, in the Alternative, to Dismiss the Complaint addressed to Judge Analisa Torres from Will Parsons dated November 15, 2023. Document filed by Parkview Advance, LLC..(Parsons, William) |
| Filing 21 LETTER MOTION for Leave to File motion to sever, arbitrate or dismiss addressed to Judge Analisa Torres from Gabriel Mendelberg dated November 15, 2023. Document filed by Capybara Capital, LLC..(Mendelberg, Gabriel) |
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Filing 20
ORDER re: #16 Order. On November 7, 2023, the Court directed Plaintiffs to inform the Court by November 13, 2023, whether they plan to oppose Defendants' anticipated motions to dismiss. ECF No. 16. That submission is now overdue. Accordingly, by November 21, 2023, Plaintiffs shall inform the Court whether they plan to oppose Defendants' anticipated motions to dismiss and intend to continue prosecuting this matter. (Signed by Judge Analisa Torres on 11/14/2023) (tro)
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| Filing 19 NOTICE OF APPEARANCE by Gabriel Mendelberg on behalf of Capybara Capital, LLC..(Mendelberg, Gabriel) |
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 11/8/2023) (jca)
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| Filing 17 LETTER MOTION for Extension of Time file its pre-motion letter in response to Plaintiffs Complaint addressed to Judge Analisa Torres from Will Parsons dated November 7, 2023. Document filed by Parkview Advance, LLC..(Parsons, William) |
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Filing 16
ORDER By November 13, 2023, Plaintiffs shall inform the Court whether they plan to oppose Defendants' anticipated motions to dismiss. SO ORDERED. (Signed by Judge Analisa Torres on 11/7/2023) (jca)
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| Filing 15 FIRST LETTER MOTION for Leave to File motion to dismiss addressed to Judge Analisa Torres from Brett D. Zinner, Esq. dated 11/6/23. Document filed by C2 Advance, LLC, Novac Equities LLC..(Zinner, Brett) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Eversworth Advances, LLC, Corporate Parent Paneer Trading, LLC, Corporate Parent Prosper888 Holding, LLC, Corporate Parent GG2019, LLC for Prosperum Capital Partners LLC. Document filed by Prosperum Capital Partners LLC..(Murray, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Christopher Ryan Murray to RE-FILE Document No. #12 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): not all corporate parents/other affiliates were added;. 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. (lb) |
| Filing 13 LETTER MOTION for Leave to File motion to dismiss addressed to Judge Analisa Torres from Christopher R. Murray dated October 31, 2023. Document filed by Prosperum Capital Partners LLC..(Murray, Christopher) |
| Filing 12 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Eversworth Advances, LLC, Corporate Parent Paneer Trading, LLC for Prosperum Capital Partners LLC. Document filed by Prosperum Capital Partners LLC..(Murray, Christopher) Modified on 11/2/2023 (lb). |
| Filing 11 NOTICE OF APPEARANCE by Christopher Ryan Murray on behalf of Prosperum Capital Partners LLC..(Murray, Christopher) |
| Filing 10 NOTICE OF APPEARANCE by Brett D. Zinner on behalf of C2 Advance, LLC, Novac Equities LLC..(Zinner, Brett) |
| Filing 9 NOTICE OF APPEARANCE by William Parsons on behalf of Parkview Advance, LLC..(Parsons, William) |
| Filing 8 NOTICE OF APPEARANCE by Steven William Wells on behalf of Parkview Advance, LLC..(Wells, Steven) |
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Filing 7
ORDER. It is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, video-conference, or other remote means. It is further ORDERED pursuant to Rule 30(b )(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 10/5/23) (yv)
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Filing 6
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by December 6, 2023, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, on the docket. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by December 6, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 10/5/2023) (tg)
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Filing 5
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by December 6, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. As further set forth by this Order. SO ORDERED. (Signed by Judge Analisa Torres on 10/5/2023) (tg)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Advance Servicing Inc., Advantage Platform Services, Inc., C2 Advance, LLC, Capybara Capital, LLC, Eagle Eye Advance LLC, Novac Equities LLC, Parkview Advance, LLC, Prosperum Capital Partners LLC..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge James L. Cott 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 Analisa Torres. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John M. Stravato. The party information for the following party/parties has been modified: Jesse Christopher Harman; John Doe. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney John M. Stravato. The following party/parties has been removed from this case: Jane Doe. The party was added to the case in error. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Novac Equities LLC, Parkview Advance, LLC, C2 Advance, LLC, Capybara Capital, LLC, Advantage Platform Services, Inc., Eagle Eye Advance LLC, Prosperum Capital Partners LLC, and Advance Servicing Inc., re: #1 Complaint,,,,,. Document filed by Danny Webb Const. Co., Inc., Jesse Christopher Harman, Joshua M Harman, Selco Construction Services, Inc., Spig Industry, LLC..(Stravato, John) |
| Filing 2 CIVIL COVER SHEET filed..(Stravato, John) |
| Filing 1 COMPLAINT against Advance Servicing Inc., Advantage Platform Services, Inc., C2 Advance, LLC, Capybara Capital, LLC, Jane Doe, John Doe, Eagle Eye Advance LLC, Novac Equities LLC, Parkview Advance, LLC, Prosperum Capital Partners LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28372781)Document filed by Danny Webb Const. Co., Inc., Selco Construction Services, Inc., Joshua M Harman, Spig Industry, LLC, Jesse Christopher Harman. (Attachments: #1 Exhibit Ex A - Novac MCA Agreement 1, #2 Exhibit Ex B - Novac MCA Agreement 2, #3 Exhibit Ex C - Novac MCA Agreement 3, #4 Exhibit Ex D - Fictitious Name Filing, #5 Exhibit Ex E - Parkview MCA Agreement 1, #6 Exhibit Ex F - Parkview MCA Agreement 2, #7 Exhibit Ex G - Parkview MCA Agreement 3, #8 Exhibit Ex H - Parkview MCA Agreement 4, #9 Exhibit Ex I - Eagle Eye MCA Agreement 1, #10 Exhibit Ex J - Eagle Eye MCA Agreement 2, #11 Exhibit Ex K - Eagle Eye MCA Agreement 3, #12 Exhibit Ex L - Eagle Eye MCA Agreement 4, #13 Exhibit Ex M - Eagle Eye MCA Agreement 5, #14 Exhibit Ex N - C2 Advance MCA Agreement, #15 Exhibit Ex O - Advantage MCA Agreement 1, #16 Exhibit Ex P - Advantage MCA Agreement 2, #17 Exhibit Ex Q - Capybara MCA Agreement, #18 Exhibit Ex R - Prosperum MCA Agreement, #19 Exhibit Ex S - Advance MCA Agreement).(Stravato, John) |
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