Empire Trust, LLC et al v. Cellura et al
| Trustee Paul Friedlander H Empire Trust LLC, Empire Trust, LLC, ADMI Inc., SIR Inc., Baynon International Corp, Sir Inc., by its CEO, Michael F. Ghiselli,, Michael F. Ghiselli individually, Baynon International Corporation, ADMI inc., by its CEO, Michael F. Ghiselli, and Bruce Houle, individually |
| Emelia Baer Cellura, Malibu 55 Inc. and Does 1-3 |
| ADMI INC, SIR INC, Michael F. Ghiselli, Bruce Houle, Joseph R. Cellura, Emelia Cellura and Mailibu55 Inc |
| 7:2024cv00859 |
| February 6, 2024 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 3, 2024. A more recent docket listing may be available from PACER.
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Filing 24
ORDER granting #21 Letter Motion for Conference re: #21 LETTER MOTION for Conference for pre-motion conference regarding dismissal or transfer of venue addressed to Judge Kenneth M. Karas from Richard M. Scherer, Jr., counsel for Defendants dated April 1, 2024. The Court will hold a pre-motion conference on 4/9/24, at 11:00. New counsel for Plaintiffs is expected to participate in that conference (via teleconference). So Ordered.. (Signed by Judge Kenneth M. Karas on 4/3/2024) Telephone Conference set for 4/9/2024 at 11:00 AM before Judge Kenneth M. Karas. (ks)
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Filing 23
LETTER RESPONSE to Motion addressed to Judge Kenneth M. Karas from Douglas R. Dollinger on behalf of Plaintiffs re: #21 LETTER MOTION for Conference for pre-motion conference regarding dismissal or transfer of venue addressed to Judge Kenneth M. Karas from Richard M. Scherer, Jr., counsel for Defendants dated April 1, 2024., #20 LETTER MOTION for Conference for pre-motion conference regarding disqualification of Plaintiffs' counsel addressed to Judge Kenneth M. Karas from Richard M. Scherer, Jr., counsel for Defendants dated April 1, 2024. . Document filed by ADMI inc., by its CEO, Michael F. Ghiselli,, Baynon International Corp, Bruce Houle, individually, Empire Trust, LLC(by its Trustee, Paul Friedlander on behalf of its beneficiaries), Michael F. Ghiselli individually, Sir Inc., by its CEO, Michael F. Ghiselli,..(Dollinger, Douglas)
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Filing 22
NOTICE OF APPEARANCE by Tessa Rae Scott on behalf of Emelia Baer Cellura, Joseph R. Cellura, Malibu 55 Inc...(Scott, Tessa)
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Filing 21
LETTER MOTION for Conference for pre-motion conference regarding dismissal or transfer of venue addressed to Judge Kenneth M. Karas from Richard M. Scherer, Jr., counsel for Defendants dated April 1, 2024. Document filed by Emelia Baer Cellura, Joseph R. Cellura, Malibu 55 Inc...(Scherer, Richard)
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Filing 20
LETTER MOTION for Conference for pre-motion conference regarding disqualification of Plaintiffs' counsel addressed to Judge Kenneth M. Karas from Richard M. Scherer, Jr., counsel for Defendants dated April 1, 2024. Document filed by Emelia Baer Cellura, Joseph R. Cellura, Malibu 55 Inc...(Scherer, Richard)
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Filing 19
ELECTRONIC AMENDED SUMMONS ISSUED as to Emelia Baer Cellura, Joseph R. Cellura, Malibu 55 Inc...(gp)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Douglas Richard Dollinger. The party information for the following party/parties has been modified: Global Brands Capital Corporation to Baynon International Corp, Baynon International Corp - alias party name was omitted and Baynon International Corporation, Empire Trust, LLC and Michael F. Ghiselli - party text was omitted. (gp)
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Filing 18
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Joseph R. Cellura individually as Former Fiduciary-Trustee of Baynon Voting Trust, Emelia Baer Cellura, Malibu 55 Inc., Does 1-3., re: #17 Amended Complaint,,,,,,,,. Document filed by ADMI inc., by its CEO, Michael F. Ghiselli,, Baynon International Corporation, n/k/A Global Brands Capital Corp., by its CEO, Michael F. Ghiselli, Bruce Houle, individually, Empire Trust, LLC by its Trustee, Paul Friedlander on behalf of its beneficiaries,, Michael F. Ghiselli as successor Trust-To-Trust Manager of The Baynon Voting Trust Agreement, Michael F. Ghiselli individually, Sir Inc., by its CEO, Michael F. Ghiselli,..(Dollinger, Douglas)
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Filing 17
AMENDED COMPLAINT amending #1 Complaint against Emelia Baer Cellura, Joseph R. Cellura, Does 1-3, Malibu 55 Inc. with JURY DEMAND.Document filed by Empire Trust, LLC by its Trustee, Paul Friedlander on behalf of its beneficiaries,, Michael F. Ghiselli as successor Trust-To-Trust Manager of The Baynon Voting Trust Agreement, Sir Inc., by its CEO, Michael F. Ghiselli,, Michael F. Ghiselli individually, Baynon International Corporation, n/k/A Global Brands Capital Corp., by its CEO, Michael F. Ghiselli, ADMI inc., by its CEO, Michael F. Ghiselli,, Bruce Houle, individually. Related document: #15 Amended Complaint. (Attachments: #1 Exhibit Corp Noteholders, #2 Exhibit Stock Regsiter, #3 Exhibit Voting Trust Agreement, #4 Exhibit GBCC Corp-Flow Cahrt, #5 Exhibit BOD Appointment, #6 Exhibit ADMI Mins Stock Register, #7 Exhibit Tequest for Substitution GBCC to ADMI, #8 Exhibit Goldberg Request, #9 Exhibit Escrow Letter, #10 Exhibit GBCC Staock Assignement, #11 Exhibit ABG Lic., #12 Supplement Bank Records, #13 Exhibit Conv Note, #14 Exhibit Note Conv Price, #15 Exhibit SIR Inc, #16 Exhibit Kituwah Purchase, #17 Exhibit ADMI Bank Statements, #18 Exhibit Deed Recording, #19 Exhibit Cease & Desit Letter to Cellura, #20 Exhibit Dis. Letter, #21 Exhibit May 6, 2023 BOD Minutes, #22 Exhibit May 11, 2023 BOD Minutes, #23 Exhibit SIR Quir Claim Deed, #24 Exhibit VTA Revocation, #25 Exhibit Ghiselli Letter Attorney Jacobson, #26 Exhibit Jacobson Letter Response, #27 Exhibit ADMI One Pacific Payments, #28 Exhibit Apple Stock Text, #29 Exhibit Investor Text, #30 Exhibit Houle Voting Proxy, #31 Exhibit MG Stock Purchase).(Dollinger, Douglas)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Douglas Richard Dollinger to RE-FILE re: Document No. #15 Amended Complaint,,,,,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading; Add Sir Inc. with the party text "by their CEO, MICHAEL F. GHISELLI". Add Bruce Houle to CM ECF with the party text "individually". Add Michael F. Ghiselli to CM ECF with the party text "as successor Trust-To- Trust Manager of The Baynon Voting Trust Agreement". Add Michael F. Ghiselli to CM ECF with the party text "individually". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended 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 DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Douglas Richard Dollinger to RE-FILE Document No. #16 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 16
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to JOSEPH R. CELLURA, EMELIA BAER CELLURA, MALIBU 55 INC, re: #10 Amended Complaint,,,,,,. Document filed by ADMI Inc., Baynon International Corp, n/k/a Global Brands Capital Corporation,, Empire Trust, LLC, Michael F. Ghiselli, Bruce Houle, SIR Inc...(Dollinger, Douglas)
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Filing 15
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COMPLAINT amending #10 Amended Complaint,,,,,, against Emelia Baer Cellura, Joseph R. Cellura, Does 1-3, Malibu 55 Inc. with JURY DEMAND.Document filed by SIR Inc., Empire Trust, LLC, Michael F. Ghiselli, Bruce Houle. Related document: #10 Amended Complaint,,,,,,. (Attachments: #1 Exhibit List of Note Holders, #2 Exhibit Stock Register, #3 Exhibit VTA/ Assignments, #4 Exhibit Buisness Flow Chart, #5 Exhibit Appointments, #6 Exhibit BOD Minutes, #7 Exhibit Business Notice Name Change, #8 Exhibit Request for Business Info., #9 Exhibit Attrorney Escrow Letter, #10 Exhibit Name Change, #11 Exhibit Branded License Agreement, #12 Errata Bank Staments, #13 Exhibit Convert. Notes, #14 Exhibit Share Price, #15 Exhibit Stock Issuance, #16 Exhibit Sale Contract Kituwah, #17 Exhibit Bank Statements, #18 Exhibit Deed Reno House, #19 Exhibit Cease and Desist Letter, #20 Exhibit Notice of Dissolution, #21 Exhibit BOD Retirment Cellura, #22 Exhibit BOD Retirement Cellura, #23 Exhibit SIR Deed Quit Claim, #24 Exhibit Cease and Desist Trust, #25 Exhibit Letter to Jacobson Notice payment to Escrow, #26 Exhibit Response to Jnacobson, #27 Exhibit Payment to One Pacific, #28 Exhibit Text Apple Stock, #29 Exhibit Investor Text, #30 Exhibit Houle Text, #31 Exhibit Empire Sale).(Dollinger, Douglas) Modified on 3/25/2024 (pc). Modified on 3/25/2024 (pc). Modified on 3/25/2024 (pc).
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Filing 14
ORDER denying without prejudice #12 Motion for TRO. For the aforementioned reasons, Plaintiffs' Motion is denied without prejudice. The Clerk of Court is respectfully directed to terminate the pending motion. (Dkt. No. 12.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/21/2024) (mml)
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Filing 13
DECLARATION of Michael F. Ghiselli in Opposition re: #12 EMERGENCY MOTION for Temporary Restraining Order and preliminary injunction.. Document filed by ADMI Inc., Baynon International Corp, n/k/a Global Brands Capital Corporation,, Empire Trust, LLC, Michael F. Ghiselli, Bruce Houle, SIR Inc...(Dollinger, Douglas)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Douglas Richard Dollinger to RE-FILE Document No. #10 Amended Complaint,,,,,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Select each defendant listed on the Amended Complaint caption title. Re-file the pleading using the event type Amended 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 DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Douglas Richard Dollinger to RE-FILE Document No. #11 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Minute Entry for proceedings held before Judge Kenneth M. Karas: Conference held on 3/19/2024. Douglas Dollinger appeared on behalf of Plaintiffs. Defendants did not appear. Tabitha Dente served as Court reporter. (el)
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Filing 12
EMERGENCY MOTION for Temporary Restraining Order and preliminary injunction. Document filed by ADMI Inc., Baynon International Corp, n/k/a Global Brands Capital Corporation,, Empire Trust, LLC, Michael F. Ghiselli, Bruce Houle, SIR Inc.. (Attachments: #1 Affidavit Support of TRO/Pre Inj., #2 Affidavit Support of TRO/Pre Inj., #3 Affidavit Support of TRO/Pre Inj., #4 Affidavit Support of TRO/Pre Inj., #5 Supplement Memorandum of Law, #6 Proposed Order OSC TRO/Prel Inj).(Dollinger, Douglas) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 11
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to JOSEPH R. CELLURA individually as Former Fiduciary-Trustee of Baynon Voting Trust, EMELIA BAER CELLURA, MALIBU 55 INC., re: #10 Amended Complaint,,,,,,. Document filed by ADMI Inc., Baynon International Corp, n/k/a Global Brands Capital Corporation,, Empire Trust, LLC, Michael F. Ghiselli, Bruce Houle, SIR Inc...(Dollinger, Douglas)
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Filing 10
FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #6 Complaint, #1 Complaint, against Emelia Baer Cellura, Joseph R. Cellura, Malibu 55 Inc. with JURY DEMAND.Document filed by SIR Inc., ADMI Inc., Empire Trust, LLC, Michael F. Ghiselli, Baynon International Corp, n/k/a Global Brands Capital Corporation,, Bruce Houle. Related document: #6 Complaint, #1 Complaint,. (Attachments: #1 Exhibit Ex-1 Notes, #2 Exhibit Ex-2 Shares, #3 Exhibit Ex-3 VTA, #4 Exhibit Ex-4 GBCC Flow, #5 Exhibit Ex-5 ADMI Inc BOD Minutes, #6 Exhibit Ex-6 Stock Register, #7 Exhibit Ex-7 Houle Notice, #8 Exhibit Ex-8 Goldberg Request, #9 Exhibit Ex-9 Escrow Letter, #10 Exhibit Ex-10 GBCC Substitute, #11 Exhibit Ex-11 ABG LICS, #12 Exhibit Ex-12 SIR Bank Statement, #13 Exhibit Ex-13 Convertable Notes, #14 Exhibit Ex-14 Share Offer $15-17, #15 Exhibit Ex-15 Stock Purcahse, #16 Exhibit Ex-16Kituwah Purchase, #17 Exhibit Ex-17 ADMI Bank Statment, #18 Exhibit Ex-18 Reno House Purchase, #19 Exhibit Ex-19 Cease and Desist Letter, #20 Exhibit Ex-20 Dissolution email, #21 Exhibit Ex-21 BOD Minutes Cellura Retirement, #22 Exhibit Ex-22 BOD Mins Cellura Retirement, #23 Exhibit Ex-23 SIR Quit Claim Deed, #24 Exhibit Ex-24 Cease and Desist Trust Revocation, #25 Exhibit Ex-25 Letter Jacobson Hold Escrow, #26 Exhibit EX-26 MG Response Jacoboson, #27 Exhibit Ex-27 ADMI Bank Satement Pacific One, #28 Exhibit Ex-28 Apple Stock Claim, #29 Exhibit Ex-29 Investor Text, #30 Exhibit Ex-30 Houle Proxy, #31 Exhibit Ex-30 Sale Empire Ghiselli).(Dollinger, Douglas) Modified on 3/20/2024 (pc).
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Emelia Baer Cellura, Joseph R. Cellura, Malibu 55 Inc...(jgo)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to JOSEPH R. CELLURA, EMELIA BAER CELLURA, MALIBU 55 INC, re: #6 Complaint, #1 Complaint,. Document filed by ADMI Inc., Baynon International Corp, n/k/a Global Brands Capital Corporation,, Empire Trust, LLC, Michael F. Ghiselli, Bruce Houle..(Dollinger, Douglas)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Douglas Richard Dollinger to RE-FILE Document No. #7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 7
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to JOSEPH R. CELLURA,EMELIA BAER CELLURA, MALIBU 55 INC., DOES 1-3,, re: #6 Complaint, #1 Complaint,. Document filed by ADMI Inc., Baynon International Corp, n/k/a Global Brands Capital Corporation,, Empire Trust, LLC, Michael F. Ghiselli, Bruce Houle..(Dollinger, Douglas) Modified on 2/27/2024 (pc).
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Filing 6
COMPLAINT against Emelia Baer Cellura, Joseph R. Cellura, Malibu 55 Inc., Does 1-3. Document filed by SIR Inc., ADMI Inc., Empire Trust, LLC, Michael F. Ghiselli, Bruce Houle, Baynon International Corp, n/k/a Global Brands Capital Corporation,, Does 1-3..(Dollinger, Douglas)
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Filing 5
CIVIL COVER SHEET filed..(Dollinger, Douglas)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Douglas Richard Dollinger. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 150 (Contract: Recovery/Enforcement); Dollar Demand $17,000,000,000; County code Westchester; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 850 (Securities/Commodities); the Dollar Demand has been modified to $9,999,000; the County code has been modified to Nassau; the Fee Status code has been modified to pd (paid);. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Douglas Richard Dollinger to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF was not signed by the attorney; the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Douglas Richard Dollinger to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add parties Baynon International Corp. n/k/a Global Brands Capital Corporation, ADMI, Inc., and, Does 1-3; all of the filers were not selected for the pleading; all of the parties whom the pleading is against were not selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. (jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Douglas Richard Dollinger. The party information for the following party/parties has been modified: ADMI INC; SIR INC; Michael F. Ghiselli; Bruce Houle; Joseph R. Cellura; Emelia Cellura; Mailibu55 Inc; Trustee Paul Friedlander H Empire Trust LL. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party text was omitted; alias party name was omitted;. (jgo)
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Case Designated ECF. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Douglas Richard Dollinger to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party names whom summons is for must be listed on the docket entry text; all of the filers were not selected. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
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Magistrate Judge Andrew E. Krause 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. (jgo)
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Filing 4
FILING ERROR - SUMMONS REQUEST As To ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by ADMI INC, Paul Friedlander H Empire Trust LLC, Michael F. Ghiselli, Bruce Houle, SIR INC..(Dollinger, Douglas) Modified on 2/7/2024 (jgo).
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ADMI INC..(Dollinger, Douglas)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Dollinger, Douglas) Modified on 2/7/2024 (jgo).
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Emelia Cellura, Joseph R. Cellura. (Filing Fee $ 405.00, Receipt Number ANYSDC-28911439)Document filed by ADMI INC..(Dollinger, Douglas) Modified on 2/7/2024 (jgo).
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