Eli Wilner & Co. Inc. et al v. Titanz LLC et al
| Eli Wilner & Co. Inc. and Eli Wilner |
| Titanz LLC, BTM Holdings, LLC, The Better Choice Lenders, LLC, Teddy Ishak, Thomas Ishak and Ian Lerner |
| 1:2023cv11084 |
| December 21, 2023 |
| U.S. District Court for the Southern District of New York |
| Dale E Ho |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| None |
Docket Report
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Filing 32
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i) AS TO DEFENDANTS, THE BETTER CHOICE LENDERS, LLC AND THOMAS ISHAK Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs hereby dismiss only Defendants, The Better Choice Lenders, LLC and Thomas Ishak from this action without prejudice and without costs. This action shall continue as to all remaining Defendants. So Ordered. (Signed by Judge Dale E. Ho on 1/23/2024) (jca)
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Filing 31
ORDER granting #18 Motion to Dismiss. Application GRANTED. A So Ordered notice of dismissal will issue separately. Defendants The Better Choice Lenders, Inc. and Ezzat (Tom) Ishak moved to dismiss the Complaint on December 29, 2023. In light of Plaintiff's amendment, that motion is DENIED as moot. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 18. (Signed by Judge Dale E. Ho on 1/23/2024) (jca)
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| Filing 30 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,. Teddy Ishak served on 1/18/2024, answer due 2/8/2024. Service was accepted by Lillian Ishak, Co-occupant. Document filed by Eli Wilner; Eli Wilner & Co. Inc...(Heskin, Shane) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #29 Notice of Voluntary Dismissal,, was reviewed and referred to Judge Dale E. Ho 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. (nd) |
| Filing 29 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 and without costs against the defendant(s) Thomas Ishak, The Better Choice Lenders, LLC. Document filed by Eli Wilner, Eli Wilner & Co. Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Heskin, Shane) |
| Filing 28 LETTER addressed to Judge Dale E. Ho from Jacob H. Nemon dated January 19, 2024 re: Response to the Court's January 2, 2024 Order. Document filed by Thomas Ishak, The Better Choice Lenders, LLC..(Nemon, Jacob) |
| Filing 27 FIRST AMENDED COMPLAINT amending #1 Complaint,,,, against BTM Holdings, LLC, Teddy Ishak, Ian Lerner, Titanz LLC.Document filed by Eli Wilner, Eli Wilner & Co. Inc.. Related document: #1 Complaint,,,,. (Attachments: #1 Exhibit Redline Comparison of Original Complaint and First Amended Complaint).(Heskin, Shane) |
| Filing 26 ELECTRONIC AMENDED SUMMONS ISSUED as to Teddy Ishak..(jgo) |
| Filing 25 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Teddy Ishak, re: #1 Complaint,,,,. Document filed by Eli Wilner & Co. Inc., Eli Wilner..(Heskin, Shane) |
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Filing 24
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/6/2024 at 11:00 AM before Judge Dale E. Ho. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 743 456 635, followed by the pound (#) sign. SO ORDERED. (Signed by Judge Dale E. Ho on 1/3/2024) (ks)
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Filing 23
ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by January 19, 2024. Any amended complaint should be filed with a redline showing all differences between the original and revised filing. Plaintiff will not be given any further opportunity to amend the Complaint to address issues raised by the motion to dismiss, namely the sufficiency of the claims alleged against the Moving Defendants. If Plaintiff does amend, by February 9, 2024, the Moving Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that they rely on the previously filed motion to dismiss. If the Moving Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If the Moving Defendants file a new motion to dismiss or indicate that they rely on their previously filed motion to dismiss, any opposition shall be filed by March 1, 2024, and any reply shall be filed by March 8, 2024. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by January 19, 2024. The Moving Defendants' reply, if any, shall be filed by January 26, 2024. ( Amended Pleadings due by 1/19/2024., Replies due by 3/8/2024., Responses due by 3/1/2024) (Signed by Judge Dale E. Ho on 1/2/2024) (ate)
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| Filing 22 NOTICE OF APPEARANCE by Jacob Zev Weinstein on behalf of BTM Holdings, LLC, Ian Lerner, Titanz LLC..(Weinstein, Jacob) |
| Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,. Ian Lerner served on 12/28/2023, answer due 1/18/2024. Service was accepted by Ian Lerner. Document filed by Eli Wilner; Eli Wilner & Co. Inc...(Heskin, Shane) |
| Filing 20 MEMORANDUM OF LAW in Support re: #18 FIRST MOTION to Dismiss the Complaint. . Document filed by Thomas Ishak, The Better Choice Lenders, LLC..(Nemon, Jacob) |
| Filing 19 DECLARATION of Jacob H. Nemon, Esq. in Support re: #18 FIRST MOTION to Dismiss the Complaint.. Document filed by Thomas Ishak, The Better Choice Lenders, LLC. (Attachments: #1 Exhibit Exh. 1 - Complaint with Exhibits).(Nemon, Jacob) |
| Filing 18 FIRST MOTION to Dismiss the Complaint. Document filed by Thomas Ishak, The Better Choice Lenders, LLC..(Nemon, Jacob) |
| Filing 17 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Thomas Ishak, The Better Choice Lenders, LLC..(Nemon, Jacob) |
| Filing 16 NOTICE OF APPEARANCE by Jacob Hershel Nemon on behalf of Thomas Ishak, The Better Choice Lenders, LLC..(Nemon, Jacob) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Thomas Ishak. (vf) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Teddy Ishak. (vf) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Ian Lerner. (vf) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to The Better Choice Lenders, LLC. (vf) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to BTM Holdings, LLC. (vf) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Titanz LLC. (vf) |
| ***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 Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Jennifer Willis is designated to handle matters that may be referred in this case. 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Ishak, re: #1 Complaint,,,,. Document filed by Eli Wilner & Co. Inc., Eli Wilner..(Heskin, Shane) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Teddy Ishak, re: #1 Complaint,,,,. Document filed by Eli Wilner & Co. Inc., Eli Wilner..(Heskin, Shane) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Ian Lerner, re: #1 Complaint,,,,. Document filed by Eli Wilner & Co. Inc., Eli Wilner..(Heskin, Shane) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to The Better Choice Lenders, LLC, re: #1 Complaint,,,,. Document filed by Eli Wilner & Co. Inc., Eli Wilner..(Heskin, Shane) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to BTM Holdings, LLC, re: #1 Complaint,,,,. Document filed by Eli Wilner & Co. Inc., Eli Wilner..(Heskin, Shane) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Titanz LLC, re: #1 Complaint,,,,. Document filed by Eli Wilner & Co. Inc., Eli Wilner..(Heskin, Shane) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Eli Wilner & Co. Inc...(Heskin, Shane) |
| Filing 2 CIVIL COVER SHEET filed..(Heskin, Shane) |
| Filing 1 COMPLAINT against BTM Holdings, LLC, Teddy Ishak, Thomas Ishak, Ian Lerner, The Better Choice Lenders, LLC, Titanz LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-28725827)Document filed by Eli Wilner, Eli Wilner & Co. Inc.. (Attachments: #1 Exhibit A - Text messages to Eli Wilner, #2 Exhibit B - July 9, 2021 Agreement, #3 Exhibit C - September 14, 2021 Agreement, #4 Exhibit D - November 4, 2021 Agreement, #5 Exhibit E - November 24, 2021 Agreement, #6 Exhibit F - March 24, 2022 Agreement, #7 Exhibit G - June 22, 2022 Agreement, #8 Exhibit H - August 18, 2022 Agreement, #9 Exhibit I - September 26, 2022 Agreement, #10 Exhibit J - January 4, 2023 Agreement, #11 Exhibit K - February 10, 2023 Agreement, #12 Exhibit L - April 12, 2023 Agreement, #13 Exhibit M - May 18, 2023 Agreement, #14 Exhibit N - July 20, 2023 Agreement, #15 Exhibit O - August 1, 2023 Agreement, #16 Exhibit P - Teddy Email November 13, 2023, #17 Exhibit Q - Text messages to Sean Morello).(Heskin, Shane) |
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