SimpleFuel DMCC v. Presently Unknown Defendant A et al
| SimpleFuel DMCC |
| Presently Unknown Defendant A, Presently Unknown Defendant B and Presently Unknown Defendant C |
| 1:2024cv01149 |
| February 16, 2024 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| None |
Docket Report
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This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.
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Filing 19
ORDER ADJOURNING SINE DIE HEARING ON APPLICATION FOR ORDER OF ATTACHMENT granting #18 Letter Motion to Adjourn Conference. IT IS, THEREFORE, ORDERED THAT 1.The hearing on the Order of Attachment and TRO is hereby adjourned sine die; and 2.The Order of Attachment and TRO (Dkt. No. 10) will remain in effect pending the discovery contemplated and until such time as the Court may order otherwise; and 3.Plaintiff SimpleFuel DMCC shall provide a letter to this Court within one week of completion of the discovery contemplated, updating the Court on the status of this matter. (Signed by Judge Victor Marrero on 4/4/2024) (jca)
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| Filing 18 CONSENT LETTER MOTION to Adjourn Conference scheduled for April 5, 2024 sine die pending further discovery, addressed to Judge Victor Marrero from Thomas H. Belknap, Jr., Esq. dated April 2, 2024. Document filed by SimpleFuel DMCC..(Belknap, Thomas) |
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Filing 17
ORDER ADJOURNING HEARING ON APPLICATION FOR ORDER OF ATTACHMENT AND DIRECTING NOTICE TO ACCOUNT HOLDERS IT IS, THEREFORE, ORDERED THAT 1.The hearing on the Order of Attachment and TRO is hereby adjourned to April 5, 2024,at 2:00 p.m. before this Court, 500 Pearl Street, Courtroom 15B, New York, NY, and 2.JPMorgan Chase Bank, N.A. is directed to promptly provide a copy of this Order to the owners of the account that is the subject of this action, but in any event to provide such notice no later than March 15, 2024, and 3.Plaintiff, SimpleFuel DMCC, shall provide a letter to this Court by April 2, 2024,updating the Court on the status of this matter, and 4. The Order of Attachment and TRO (Dkt. No. 10) will remain in effect through the hearing on April 5, 2024, and until such time as the Court may order otherwise, and 5. If any party to this action considers that it requires a hearing on this matter before the currently scheduled date, they shall so notify the Court by letter, setting forth the grounds for requesting expedited relief. (Show Cause Hearing set for 4/5/2024 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 3/8/2024) (jca)
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| CASHIERS OFFICE REGISTRY DEPOSIT as per #10 Order to Show Cause, dated 2/16/2024, from Judge Victor Marrero, received $5,000.00 from SimpleFuel DMCC Receipt Number NYSCCA24-MAN000026916 on 3/1/2024. (cde) |
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Filing 16
ORDER ADJOURNING HEARING ON APPLICATION FOR ORDER OF ATTACHMENT AND DIRECTING NOTICE TO ACCOUNT HOLDERS: IT IS, THEREFORE, ORDERED THAT 1. The hearing on the Order to Show Cause is hereby adjourned to March 8, 2024, at 10:00 am before this Court, 500 Pearl Street, Courtroom 15B, New York, NY, and 2. JPMorgan Chase Bank, N.A. is directed to provide a copy of the papers served upon it in this matter on February 20 and also a copy of this Order to the account owners on or before March 6, 2024. ( Show Cause Hearing set for 3/8/2024 at 10:00 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 3/2/2024) (va)
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| Filing 15 AFFIDAVIT OF SERVICE of O/S/C with TRO (and supporting documents), subpoena, verfied complaint, etc. served on JPMorgan Chase Bank, N.A. on February 20, 2024. Service was accepted by Carlos Bobe, Clerk. Document filed by SimpleFuel DMCC..(Belknap, Thomas) |
| Filing 14 ***EX-PARTE***DECLARATION of Ivan Chechuy in Support re: #12 Order on Motion to Seal,. Document filed by SimpleFuel DMCC. (Attachments: #1 Exhibit A-Nomination, #2 Exhibit B-Invoice, #3 Exhibit C-Emails)Motion or Order to File Under Seal: #12 .(Belknap, Thomas) |
| Filing 13 ***EX-PARTE***PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by SimpleFuel DMCC. Related Document Number: #1 . Motion or Order to File Under Seal: #12 .(Belknap, Thomas) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #13 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Filing 11 SEALED DOCUMENT placed in vault.(nmo) |
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Filing 12
ORDER granting #8 Letter Motion to Seal. Request GRANTED. Plaintiff may hereby file unredacted copies of the Declaration of Ivan Chechuy dated February 16, 2024 (Dkt. No. 7) and of Plaintiff's Proposed Order to Show Cause (Dkt. No. 4) under seal. SO ORDERED. (Signed by Judge Victor Marrero on 2/16/2024) (jca)
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Filing 10
ORDER TO SHOW CAUSE FOR ORDER OF ATTACHMENT WITH TEMPORARY RESTRAINING ORDER LET Defendants PRESENTLY UNKNOWN DEFENDANTS A-C (collectively "Defendants") show cause before this Court, 500 Pearl Street, Courtroom 15B, New York, NY on the day of 1 March, 2024, at 2:00 p.m., or as soon thereafter as counsel can be heard, why an Order of attachment should not be issued against Defendants pursuant to 6201(1)(2) and/or (3) and 6210 of the CPLR, against the assets of Defendants, and any interests of any of the Defendants in personal property or any debt owed to any of the Defendants, situated in the State of New York. AND it appearing from the papers that grounds for attachment exist it is ORDERED that the Plaintiff's undertaking be filed with the Court registry in the sum of $5,000 in accordance with C.P.L.R. 6212, and it is further ORDERED that pending the hearing of this motion, Defendants and all other persons and garnishees be and hereby are restrained and prohibited from transferring or paying any assets of any of the Defendants, or property in which any of the Defendants has an interest, or any debt owing to any of the Defendants, to the extent of $1,183,518, and it is further ORDERED that service of this Order and the papers upon which the same is based and the undertaking herein shall be made on or before that 1 day of March, 2024, by serving copies to J.P. Morgan Bank through CT Corp. at 28 Liberty Street, New York, New York, or other such address as service may be proper, where Defendants are alleged to maintain account number 2315; and it is further ORDERED that this Temporary Restraining Order and any order of attachment issued in this matter may be served on the garnishee named herein by any non-interested party authorized to service process under the laws of the State of New York, and it is further ORDERED that any garnishee served with this Temporary Restraining Order shall promptly advise counsel for plaintiff herein whether it is restraining any property and, if so, the nature and amount of any property being restrained. Show Cause Hearing set for 3/1/2024 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. (Signed by Judge Victor Marrero on 2/16/2024) (jca) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 9 NOTICE OF APPEARANCE by Neil Patrick McMillan on behalf of SimpleFuel DMCC..(McMillan, Neil) |
| Filing 8 LETTER MOTION to Seal documents addressed to Judge Victor Marrero from Thomas H. Belknap, Jr. dated 2/16/24. Document filed by SimpleFuel DMCC..(Belknap, Thomas) |
| Filing 7 DECLARATION of Ivan Chechuy in Support re: #4 Proposed Order to Show Cause With Emergency Relief. Document filed by SimpleFuel DMCC. (Attachments: #1 Exhibit A - Copy of Nomination, #2 Exhibit B - Proforma Invoice, #3 Exhibit C - E-Mails).(Belknap, Thomas) |
| Filing 6 DECLARATION of Thomas H. Belknap in Support re: #4 Proposed Order to Show Cause With Emergency Relief. Document filed by SimpleFuel DMCC..(Belknap, Thomas) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 Proposed Order to Show Cause With Emergency Relief . Document filed by SimpleFuel DMCC..(Belknap, Thomas) |
| Filing 4 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by SimpleFuel DMCC. Related Document Number: #1 ..(Belknap, Thomas) 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 SimpleFuel DMCC..(Belknap, Thomas) |
| Filing 2 CIVIL COVER SHEET filed..(Belknap, Thomas) |
| Filing 1 COMPLAINT against Presently Unknown Defendant A, Presently Unknown Defendant B, Presently Unknown Defendant C. (Filing Fee $ 405.00, Receipt Number ANYSDC-28956414)Document filed by SimpleFuel DMCC. (Attachments: #1 Exhibit A - Copy of Nomination, #2 Exhibit B - Copy of Nomination, #3 Exhibit C - E-Mails).(Belknap, Thomas) |
| Magistrate Judge Stewart D. Aaron 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. (gp) |
| ***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. (nd) |
| Case Designated ECF. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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..(gp) |
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