Federal Trade Commission et al V. 4 Star Resolution LLC et al
| Federal Trade Commission and People of the State of New York |
| 4 Star Resolution LLC, Check Fraud Service, LLC a Georgia limited liability company formerly known as Check fraud Services, LLC doing business as Check Services doing business as CFS & Associates, 4 Star Resolution LLC a Colorado limited liability company doing business as Consumer Recovery Group doing business as Four Star Capital Services agent of Four Star Resolution Services, LLC doing business as FS Mediation Group, Profile Management, Inc., International Recovery Service LLC a New York limited liability company doing business as Financial Mediation Group, Check Solutions Services Inc. a Colorado corporation doing business as County Check Services, Check fraud Services, LLC, Merchant Recovery Service, Inc. a North Carolina corporation doing business as Mandatory Arbitration Services doing business as PDL Recovery Services, Fourstar Revenue Management LLC, Travell Thomas, Maurice Sessum and Charles Blakely, III Individually, and as principal manager, and/or officer of Merchant Recovery Service, Inc. , Defendants, also doing business as PDL Recovery Services doing business as American Asset Management doing business as American Asset Rec |
| Lashawna Hammond |
| International Recovery Service LLC, Check Solutions Services Inc. and Check Fraud Service, LLC |
| 1:2015cv00112 |
| February 9, 2015 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Erie |
| Leslie G Foschio |
| William M Skretny |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Defendant |
Docket Report
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This docket was last retrieved on May 11, 2018. A more recent docket listing may be available from PACER.
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Filing 296
Letter from the NYS Office of the Attorney General, dated 5/9/2018, to Clerk. (KLH)
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Filing 295
NOTICE of Appearance by Christopher L. Boyd on behalf of People of the State of New York (Boyd, Christopher)
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Filing 294
Letter to Judge Skretny from Jeremiah C. Scholl. (KLH) Modified on 10/5/2018 to correct title. (MEAL)
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Filing 293
ORDER ON RECEIVER'S FIFTH MOTION FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES. Signed by William M. Skretny, United States District Judge on 4/15/2018. (MEAL)
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Filing 292
CERTIFICATE OF SERVICE by Garry M. Graber re #291 Fifth MOTION for Attorney Fees and Expenses (Thoman, James)
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Filing 291
Fifth MOTION for Attorney Fees and Expenses by Garry M. Graber. (Attachments: #1 Declaration of James C. Thoman in Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Thoman, James)
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Filing 290
STIPULATED ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT WITH INDIVIDUAL DEFENDANT MAURICE SESSUM. Signed by William M. Skretny, United States District Judge on 3/20/2018. (MEAL)- CLERK TO FOLLOW UP -
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Filing 289
STIPULATED ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT WITH INDIVIDUAL DEFENDANT CHARLES P. BLAKELY, III, AND MERCHANT RECOVERY SERVICE, INC. Signed by William M. Skretny, United States District Judge on 3/20/2018. (MEAL) - CLERK TO FOLLOW UP -
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Filing 288
STIPULATED ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT WITH INDIVIDUAL DEFENDANT TRAVELL THOMAS AND THE 4 STAR CORPORATE DEFENDANTS. Signed by William M. Skretny, United States District Judge on 3/20/2018. (MEAL)- CLERK TO FOLLOW UP -
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Filing 287
DECISION AND ORDER GRANTING Plaintiffs' #286 Motion for entry of stipulated final orders resolving all claims against all Defendants and for an order directing the Receiver to deny all remaining creditors claims against the Corporate Defendants; DIRECTING the Receiver to deny all remaining creditors' claims against the 4 Star Resolution LLC, Profile Management, Inc., International Recovery Service LLC, Check Solutions Services Inc., Check Fraud Service LLC, Merchant Recovery Service, Inc., and Fourstar Revenue Management, LLC; DIRECTING the Receiver to submit any fee motions within 30 days of this order. Upon final payment to the Receiver of all approved fees, costs, and expenses, the Receiver shall be discharged; ORDERING the Receiver to comply with the criminal forfeiture orders entered into by Defendants Thomas and Sessum in the Southern District of New York (United States v. Thomas, et al., S4 15 Cr. 667 (KPF)); DIRECTING the Clerk of Court to close this case. Signed by William M. Skretny, United States District Judge on 3/20/2018. (MEAL) - CLERK TO FOLLOW UP -
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Filing 286
MOTION for Settlement (Motion to Enter 3 Proposed Final Orders and to Direct the Receiver to Deny all Remaining Claims) by Federal Trade Commission. (Attachments: #1 Memorandum in Support, #2 Declaration of Karen Dahlberg O'Connell, #3 Exhibit A to O'Connell Declaration, #4 Exhibit B to O'Connell Declaration, #5 Exhibit C to O'Connell Declaration, #6 Exhibit D to O'Connell Declaration, #7 Exhibit E to O'Connell Declaration, #8 Exhibit F to O'Connell Declaration, #9 Exhibit G to O'Connell Declaration, #10 Exhibit H to O'Connell Declaration, #11 Exhibit I to O'Connell Declaration, #12 Exhibit J to O'Connell Declaration, #13 Exhibit K to O'Connell Declaration)(Dahlberg, Karen)
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Filing 285
SIXTH AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Dispositive Motions due by 3/15/2018. Mediation To End by 4/18/2018. Final Pretrial Conference set for 4/24/2018 11:00 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 12/7/2017. (SDW)
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Filing 284
TEXT ORDER granting #283 Motion for Extension of Time to File. Sixth Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 12/6/2017. (SDW)
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Filing 283
MOTION for Extension of Time to File Dispositive Motions by Federal Trade Commission. (Attachments: #1 Declaration of Karen Dahlberg O'Connell)(Dahlberg, Karen)
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Filing 282
FIFTH AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Dispositive Motions due by 12/15/2017. Mediation To End by 1/18/2018. Final Pretrial Conference set for 1/24/2018 11:00 AM before Hon. Leslie G. Foschio.. Signed by Hon. Leslie G. Foschio on 10/3/2017. (SDW)
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Filing 281
TEXT ORDER granting #280 Motion for Extension of Time to File. Fifth Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 10/3/2017. (SDW)
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Filing 280
MOTION for Extension of Time to File Dispositive Motions by Federal Trade Commission. (Attachments: #1 Declaration, #2 Stipulation and Proposed Order)(Dahlberg, Karen)
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Filing 279
FOURTH AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Discovery completed by 6/19/2017. Motions to Compel Discovery due by 7/3/2017. Dispositive Motions due by 10/12/2017. Mediation To End by 11/13/2017. Final Pretrial Conference set for 11/29/2017 11:00 AM before Hon. Leslie G. Foschio.. Signed by Hon. Leslie G. Foschio on 6/29/2017. (SDW)
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Filing 278
TEXT ORDER granting #277 Motion for Extension of Time to File. Fourth Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 6/28/2017. (SDW)
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Filing 277
First MOTION for Extension of Time to File Dispositive Motions by Federal Trade Commission. (Attachments: #1 Affidavit Declaration of Karen Dahlberg, #2 Text of Proposed Order Proposed Stipulated Order Modifying the Scheduling Order)(Dahlberg, Karen)
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Filing 276
THIRD AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Discovery completed by 6/19/2017. Motions to Compel Discovery due by 7/3/2017. Dispositive Motions due by 7/14/2017. Mediation To End by 8/18/2017. Final Pretrial Conference set for 9/13/2017 11:00 AM before Hon. Leslie G. Foschio.. Signed by Hon. Leslie G. Foschio on 5/22/2017. (SDW)
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Filing 275
TEXT ORDER granting #274 Motion for Extension of Time to Complete Discovery. A Third Amended Scheduling Order shall be filed separately. Signed by Hon. Leslie G. Foschio on 5/22/2017. (SDW)
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Filing 274
MOTION for Extension of Time to Complete Discovery by Maurice Sessum. (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(White, Justin)
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Filing 273
ORDER on Receiver's Fourth Motion for Allowance of Compensation and Reimbursement of Expenses. Signed by William M. Skretny, United States District Judge on 5/4/2017. (MEAL)
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Filing 272
SCHEDULING NOTICE on #271 Fourth Motion for Attorney Fees and Reimbursement of Expenses. Responses due by 4/28/2017. (MEAL)
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Filing 271
Fourth MOTION for Attorney Fees and Reimbursement of Expenses by Garry M. Graber. (Attachments: #1 Affidavit Declaration of James C. Thoman in Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order, #5 Certificate of Service)(Thoman, James)
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Filing 270
SECOND AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Plaintiff Expert Witness ID due by 3/24/2017. Mandatory Disclosures due by 4/21/2017. Defendant Expert Witness ID due by 4/28/2017. Discovery completed by 5/19/2017. Motions to Compel Discovery due by 6/2/2017. Dispositive Motions due by 7/14/2017. Mediation To End by 8/18/2017. Final Pretrial Conference set for 9/13/2017 11:00 AM before Hon. Leslie G. Foschio.. Signed by Hon. Leslie G. Foschio on 1/23/2017. (SDW)
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Filing 269
Minute Entry for proceedings held before Hon. Leslie G. Foschio: Scheduling Conference held on 1/19/2017. Status of case and settlement discussed. Amended Scheduling Order to be filed. Appearances: FTC-Brian Lasky, Esq., Karen Dahlberg, Esq., Defts Thomas and related companies-Michael Benson, Esq.; Dft Merchant & Blakely-Brian Melber, Esq.; Receiver Graber-James Thoman, Esq., Dft Sessum-Justin White, Esq. (Court Reporter FTR Gold.) (SDW)
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Filing 268
CERTIFICATE OF SERVICE by Garry M. Graber re #267 Order on Motion for Miscellaneous Relief Fixing Claims to be Allowed Against Merchant Recovery Service, Inc. (Thoman, James)
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Filing 267
ORDER FIXING CLAIMS TO BE ALLOWED AGAINST MERCHANT RECOVERY SERVICE, INC. Signed by William M. Skretny, United States District Judge on 1/17/2017. (MEAL)
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Filing 266
DISCOVERY PLAN by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Lasky, Brian)
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Filing 265
CERTIFICATE OF SERVICE by Garry M. Graber re 264 Order, Set/Reset Motion and R&R Deadlines/Hearings, #262 MOTION Order Fixing Claims to be Allowed Against Merchant Recovery Service, Inc. re #145 MOTION for Order Setting Claims Bar Date, Establishing Claims Procedure and Approving Notification Process, #174 Notice (Other) Notice of Deadline for Filing Claims (Thoman, James)
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Filing 264
SCHEDULING NOTICE on #262 Motion For Order Fixing Claims to be Allowed Against Merchant Recovery Service, Inc. Response due by 12/19/2016. Reply due by 1/4/2017. (MEAL)
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Filing 263
CERTIFICATE OF SERVICE by Garry M. Graber re #262 MOTION Order Fixing Claims to be Allowed Against Merchant Recovery Service, Inc. re #145 MOTION for Order Setting Claims Bar Date, Establishing Claims Procedure and Approving Notification Process, #174 Notice (Other) Notice of Deadline for Filing Claims (Thoman, James)
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Filing 262
MOTION Order Fixing Claims to be Allowed Against Merchant Recovery Service, Inc. re #145 MOTION for Order Setting Claims Bar Date, Establishing Claims Procedure and Approving Notification Process, #174 Notice (Other) Notice of Deadline for Filing Claims by Garry M. Graber. (Attachments: #1 Declaration of James C. Thoman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E- Proposed Order, #7 Certificate of Service)(Thoman, James)
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Filing 261
TEXT ORDER. The #260 Stipulation Regarding Release of Merchant Recovery Service, Inc.'s Funds for Attorneys' Fees is HEREBY SO ORDERED. Issued by William M. Skretny, United States District Judge on 11/29/2016. (MEAL)
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Filing 260
STIPULATION regarding payment of MRS Defendants' attorneys' fees by Federal Trade Commission. (Dahlberg, Karen)
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Filing 259
FIRST AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)( Discovery completed by 10/31/2016. Motions to Compel Discovery due by 11/14/2016. Further Pretrial Conference set for 1/19/2017 11:00 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 8/30/2016. (SDW)
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Filing 258
TEXT ORDER granting #257 Motion for Extension of Time to Complete Discovery. First Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 8/29/2016. (SDW)
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Filing 257
Joint MOTION for Extension of Time to Complete Discovery by Federal Trade Commission. (Attachments: #1 Memorandum in Support, #2 Stipulation and Proposed Order)(Dahlberg, Karen)
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Filing 256
DECISION AND ORDER GRANTING the Receiver's #229 Motion to Enforce Stay; STAYING the actions brought in New York State Supreme Court by Samantha Kollatz (Index No. 804705/2015) and Lisa Miller (Index No. 806840/2015); DEEMING the Motion for Contempt brought against Gary M. Graber in Ms. Kollatz's New York State Supreme Court case (Index No. 804705/2015) withdrawn; AUTHORIZING the Receiver to record this order to facilitate its enforcement;GRANTING Plaintiff's #236 Motion for Leave to File Memorandum of Law in Support of Receiver's Motion to Enforce the Stay; GRANTING the Receiver's #248 Third Motion for Attorney Fees and Reimbursement of Expenses; APPROVING the requested amounts of $49,804.55 for legal and Receiver services rendered between August 1, 2015 and May 1, 2016; $3,718.79 for expenses incurred by Hodgson Russ LLP; and $477.25 for the forensic accounting services of Chiampou, Travis, Besaw & Kershner LLP; AUTHORIZING and DIRECTING the Receiver to pay the amounts approved in this Decision and Order; DENYING as moot Samantha Kollatz and Lisa Miller's Motion to Satisfy Judgments. Signed by William M. Skretny, United States District Judge on 8/4/2016. (MEAL)
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Filing 255
CERTIFICATE OF SERVICE by Willard Pottle re #254 Memorandum in Support of Motion, #253 MOTION Satisfy Judgments (Pottle, Willard)
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Filing 254
MEMORANDUM in Support re #253 MOTION Satisfy Judgments filed by Willard Pottle. (Pottle, Willard)
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Filing 253
MOTION Satisfy Judgments by Willard Pottle. (Attachments: #1 Exhibit A - Notice & Claim, #2 Exhibit B - Email, #3 Exhibit C - Order, #4 Exhibit D - Order, #5 Exhibit E - Order, #6 Exhibit F - Order, #7 Exhibit G - Letter, #8 Exhibit H - Order, #9 Exhibit I - Motion, #10 Exhibit J - Stipulation, #11 Exhibit K - Scheduling Notice)(Pottle, Willard)
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Filing 252
DECLARATION re #248 Third MOTION for Attorney Fees and Reimbursement of Expenses filed by James Thoman Supplemental Declaration in Support of Third Motion for Allowance of Compensation for Fees and Reimbursement of Expenses. (Attachments: #1 Exhibit A)(Thoman, James)
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Filing 251
SCHEDULING NOTICE on Receiver's #248 Request for Approval of Payment of Fees and Costs Incurred from August 1, 2015 Through May 1, 2016. Responses due by 6/20/2016. Replies due by 6/30/2016. (MEAL)
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Filing 250
TEXT ORDER. The #249 Stipulation Regarding Motion to Allow Claim Nunc Pro Tunc is HEREBY APPROVED. SO ORDERED. Issued by William M. Skretny, United States District Judge on 6/3/2016. (MEAL)
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Filing 249
STIPULATION re #222 MOTION Order Approving Proof of Claim Nunc Pro Tunc by Garry M. Graber. (Attachments: #1 Certificate of Service)(Thoman, James)
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Filing 248
Third MOTION for Attorney Fees and Reimbursement of Expenses by Garry M. Graber. (Attachments: #1 Affidavit of James C. Thoman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C Proposed Order)(Graber, Garry)
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Filing 247
RESPONSE to Motion re #222 MOTION Order Approving Proof of Claim Nunc Pro Tunc filed by Garry M. Graber. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Thoman, James)
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E-Filing Notification: Remark Corrected as to defendants included in stipulation. Case is temporarily stayed as to defendants Travell Thomas, Maurice Sessum, 4 Star Resolution LLC, Profile Management Inc., International Recovery Service LLC, Check Solutions Services, Inc., Check Fraud Service LLC, and Fourstar Revenue Management, LLC, pursuant to 246 TEXT ORDER. (KLH) Modified on 5/13/2016 to correct defendants as listed in Paragraph 1 of 245 Stipulation (KLH). (KLH)
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Case is temporarily stayed as to defendants Travell Thomas, Maurice Sessum, 4 Star Resolution LLC, Profile Management Inc., International Recovery Service LLC, Check Solutions Services, Inc., Check Fraud Service LLC, and Fourstar Revenue Management, LLC, pursuant to 246 TEXT ORDER. (KLH) Modified on 5/13/2016 to correct defendants as listed in Paragraph 1 of 245 Stipulation (KLH).
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Filing 246
TEXT ORDER. The #245 Stipulation Regarding Temporary Stay of Action against Certain Defendants and Dismissal of Counterclaim is HEREBY SO ORDERED. The case is temporarily stayed as to those defendants referenced in Paragraph 1 and the counterclaim asserted against Plaintiffs by the Defendants referenced in Paragraph 4 is dismissed with prejudice pursuant to Fed.R.Civ.P.41(c). SO ORDERED. Issued by William M. Skretny, United States District Court on 5/11/2016. (MEAL) - CLERK TO FOLLOW UP -
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Filing 245
STIPULATION re Temporary Stay of Action Against Certain Defendants and Dismissal of Counterclaim by Federal Trade Commission. (Lasky, Brian)
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Filing 244
MEMORANDUM in Support re #229 MOTION to Stay Motion to Enforce Stay Pursuant to Orders of the Court Dated February 10, 2015 and June 2, 2015 filed by Garry M. Graber. (Attachments: #1 Certificate of Service)(Thoman, James)
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Filing 243
REPLY to Response to Motion re #236 MOTION for Leave to File Memorandum of Law in Support of Receiver's Motion to Enforce the Stay (dkt. 229), #229 MOTION to Stay Motion to Enforce Stay Pursuant to Orders of the Court Dated February 10, 2015 and June 2, 2015 filed by Federal Trade Commission. (Zuckerwise, Laura)
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Filing 242
SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Stipulation of Selection of Mediator due by 5/20/2016. Mandatory Disclosures due by 5/27/2016. Plaintiff Expert Witness ID due by 6/23/2016. First Mediation Session due by 7/5/2016. Defendant Expert Witness ID due by 7/22/2016. Motions to Join Parties/Amend Pleadings due by 8/1/2016. Discovery completed by 8/31/2016. Motions to Compel Discovery due by 9/12/2016. Further Pretrial Conference set for 11/10/2016 11:00 AM before Hon. Leslie G. Foschio.. Signed by Hon. Leslie G. Foschio on 4/21/2016. (SDW)
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Filing 241
TEXT ORDER re #222 MOTION Order Approving Proof of Claim Nunc Pro Tunc filed by Lashawna Hammond. Responses due by 5/20/2016. Replies due by 6/3/2016. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 4/20/2016. (SDW)
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Filing 240
Minute Entry for proceedings held before Hon. Leslie G. Foschio: Scheduling Conference held on 4/20/2016. The parties have stipulated to stay of discovery for Deft Thomas and Sessum. Plaintiffs are preparing a stipulation as to this issue and will submit to court soon. Plaintiffs agreement to temporary stay in this matter for Thomas and Sessum, Dft Thomas will agree to withdraw counterclaims. Mr. Benson to clear with Thomas and will report to Pltf by end of week. Stipulation will be sent to court within 2 weeks. Re: Blakely and Merchant Recovery. Scheduling Order will be issued. Appearances: FTC:Brian Lasky, Esq.Laura Zuckerwise, Esq.NYS:James Morrissey, Esq.Petitioner:Cyrus Chubineh, Esq.Defendants:4 Star ResolutionProfile ManagementInternational RecoveryCheck Solutions Check Fraud ServiceFourstar RecoveryTravell Thomas:Michael Benson, Esq.Merchant RecoveryCharles Blakely:Brian Melber, Esq. Maurice Sessum:Justin White, Esq. (Court Reporter FTR Gold.) (SDW)
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Filing 239
MEMORANDUM in Opposition re #236 MOTION for Leave to File Memorandum of Law in Support of Receiver's Motion to Enforce the Stay (dkt. 229), #229 MOTION to Stay Motion to Enforce Stay Pursuant to Orders of the Court Dated February 10, 2015 and June 2, 2015 filed by Willard Pottle. (Pottle, Willard)
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Filing 238
TEXT ORDER. The #232 Stipulated Order Concerning Receivership Accounts is HEREBY SO ORDERED. Issued by William M. Skretny, United States District Judge on 4/5/2016. (MEAL)
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Filing 237
MEMORANDUM in Support re #229 MOTION to Stay Motion to Enforce Stay Pursuant to Orders of the Court Dated February 10, 2015 and June 2, 2015 filed by Garry M. Graber. (Attachments: #1 Certificate of Service)(Thoman, James)
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Filing 236
MOTION for Leave to File Memorandum of Law in Support of Receiver's Motion to Enforce the Stay (dkt. 229) by Federal Trade Commission. (Attachments: #1 Exhibit)(Zuckerwise, Laura)
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Filing 235
MEMORANDUM in Support re #234 MOTION for Leave to File Memorandum of Law in Support of Receiver's Motion for Stay (Dkt. 229), #229 MOTION to Stay Motion to Enforce Stay Pursuant to Orders of the Court Dated February 10, 2015 and June 2, 2015 filed by Federal Trade Commission. (Zuckerwise, Laura)
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Filing 234
MOTION for Leave to File Memorandum of Law in Support of Receiver's Motion for Stay (Dkt. 229) by Federal Trade Commission.(Zuckerwise, Laura)
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Filing 233
NOTICE of Appearance by Laura Amber Zuckerwise on behalf of Federal Trade Commission (Zuckerwise, Laura)
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E-Filing Notification: Letters should not be filed without Court permission. Filer notified to re-file as a proper motion #234 MOTION for Leave to File Memorandum of Law in Support of Receiver's Motion for Stay (Dkt. 229) (KLH)
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Filing 232
STIPULATION Concerning Receivership Accounts by Charles Blakely, III, Merchant Recovery Service, Inc.. (Melber, Brian)
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Filing 231
DISCOVERY PLAN by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Lasky, Brian)
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Filing 230
SCHEDULING ORDER Presently before this Court is Receiver Garry M. Graber's #229 Motion to Enforce Stay. This Court denies the Receiver's request to waive the requirement that a Memorandum of Law be filed in support of the motion, and hereby directs the Receiver to file such a memorandum by April 5, 2016, specifically addressing the authority under which the Receiver seeks this Court to vacate New York State Court judgments or otherwise enjoin New York State Court action. Counsel for claimants Samantha Kollatz and Lisa Miller is hereby directed to file a response by April 19, 2016. Reply is due by April 26, 2016. The Clerk of Court is directed to send a copy of this order to: Willard M. Pottle, Jr., Esq., Law Offices of James Morris, 350 Main Street, Suite 2405, Buffalo, NY 14202.SO ORDERED.Issued by William M. Skretny, United States District Judge on 3/22/2016. (MEAL) - CLERK TO FOLLOW UP -
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Filing 229
MOTION to Stay Motion to Enforce Stay Pursuant to Orders of the Court Dated February 10, 2015 and June 2, 2015 by Garry M. Graber. (Attachments: #1 Declaration of James C. Thoman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Text of Proposed Order Proposed Order, #14 Certificate of Service)(Thoman, James)
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Filing 228
ORDER. Scheduling Conference set for 4/20/2016 11:30 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 3/8/2016. (SDW)
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Filing 227
DECISION AND ORDER DENYING Defendants' #52 #87 Motions Seeking to Reopen 4 Star Resolution, LLC without prejudice to Defendants' filing of new motions seeking similar relief reflecting current circumstances. Signed by William M. Skretny, United States District Judge on 3/3/2016. (MEAL)
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Filing 226
TEXT REFERRAL ORDER - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by William M. Skretny, United States District Judge on 3/3/2016. (MEAL)
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Filing 225
DECISION AND ORDER DENYING without prejudice to further applications Defendant Travell Thomas' #210 Motion for Release of Funds for Attorneys' Fees. Signed by William M. Skretny, United States District Judge on 2/29/2016. (MEAL)
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Filing 224
ORDER TO MODIFY TERMS OF PRELIMINARY INJUNCTION ORDER WITH ASSET FREEZE AND RETENTION OF RECORDS BY FINANCIAL INSTITUTIONS AND OTHER THIRD PARTIES. Signed by William M. Skretny, United States District Judge on 2/16/2016. (MEAL)
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E-Filing Notification: Document filed improperly as a motion. Court terminated motion and modified docket text to correctly reflect filing event. No action required. #223 MOTION to Amend/Correct E-Filing Notification Not Legible (KLH)
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Filing 223
Exhibit A to #222 motion by Lashawna Hammond.(Chubineh, Cyrus) Modified on 2/10/2016 (KLH).
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E-Filing Notification: Document not legible. Action required: re-file document 222-3, Exhibit A #222 MOTION Order Approving Proof of Claim Nunc Pro Tunc (KLH)
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Filing 222
MOTION Order Approving Proof of Claim Nunc Pro Tunc by Lashawna Hammond. (Attachments: #1 Motion, #2 Text of Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Chubineh, Cyrus)
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Filing 221
DISCOVERY PLAN by Federal Trade Commission. (Attachments: #1 Exhibit Letter to Court, #2 Affidavit Declaration of Robin Eichen, #3 Exhibit Exhibit A to Declaration, #4 Exhibit Exhibit B to Declaration, #5 Exhibit Exhibit C to Declaration, #6 Exhibit Exhibit D to Declaration)(Eichen, Robin)
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Filing 220
REPLY/RESPONSE to re #219 Sealed Document filed by Travell Thomas. (Attachments: #1 Certificate of Service)(Riordan, Scott)
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Filing 218
ORDER SEALING CERTAIN DOCUMENTS RELATED TO PLAINTIFFS' OPPOSITION TO DEFENDANT TRAVELL THOMAS'S MOTION FOR ATTORNEY FEES. Signed by William M. Skretny, on 1/21/2016. (MEAL) - CLERK TO FOLLOW UP -
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Filing 219
Sealed Document. Pursuant to #218 Order. (Attachments: #1 Memorandum in Opposition, #(2) Declaration, #(3) Declaration, #(4) Declaration.) (DLC)
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Filing 217
MEMORANDUM in Opposition re #210 First MOTION for Attorney Fees for Representation Under Indictment Number S4 15 Cr. 667 (KPF) (redacted) filed by Federal Trade Commission. (Attachments: #1 Affidavit of Robin Eichen with Exhibits (redacted), #2 Affidavit of Emil George with Exhibits (redacted))(Lasky, Brian)
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Filing 216
MOTION to Seal Papers in Support of Opposition to Thomas's Motion for Attorneys' Fees by Federal Trade Commission.(Lasky, Brian)
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Filing 215
TEXT ORDER IT HEREBY IS ORDERED, that any party that opposes the Receiver's #211 Motion to Modify the Terms of the #209 Preliminary Injunction shall respond in opposition by January 18, 2016. The Receiver may reply by January 25, 2016. If no opposition is filed by the deadline, this Court will deem the motion unopposed and submitted as of January 18, 2016. SO ORDERED. Issued by William M. Skretny, United States District Judge on 1/6/2016. (MEAL)
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Filing 214
TEXT ORDER. The #213 Stipulation Extending Plaintiffs Time to Respond to Defendant Thomas' Application for Attorneys' Fees is GRANTED. Time is extended to and including 1/15/2016. SO ORDERED. Issued by William M. Skretny, United States District Judge on 12/29/2015. (MEAL)
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Filing 213
STIPULATION to extend Plaintiffs time to respond to Defendant Thomas' motion for attorneys' fees by People of the State of New York. (Morrissey, James)
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Filing 212
First MOTION for Extension of Time to File Response/Reply by People of the State of New York. (Attachments: #1 Affidavit Morrissey Declaration in Support of Motion with exhibit)(Morrissey, James)
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Filing 211
MOTION for Preliminary Injunction Receiver's Motion to Approve Order to Modify Terms of Preliminary Injunction Order with Asset Freeze and Retention of Assets and Records by Financial Institutions and Other Third Parties by Garry M. Graber. (Attachments: #1 Affidavit Declaration of James C. Thoman in Support of Motion, #2 Exhibit A - Proposed Order)(Thoman, James)
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Filing 210
First MOTION for Attorney Fees for Representation Under Indictment Number S4 15 Cr. 667 (KPF) by Travell Thomas. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Affidavit, #5 Exhibit, #6 Certificate of Service)(Riordan, Scott)
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Filing 209
PRELIMINARY INJUNCTION ORDER WITH AN ASSET FREEZE AND RETENTION OF ASSETS AND RECORDS BY FINANCIAL INSTITUTIONS AND OTHER THIRD PARTIES. Signed by William M. Skretny, United States District Judge on 11/21/2015. (MEAL)
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Filing 208
DECISION AND ORDER GRANTING Plaintiffs' #114 Motion to Strike Several of Defendants' Affirmative Defenses; GRANTING Plaintiffs' #176 Motion for an Additional Preliminary Injunction Order Containing an Asset Freeze.Signed by William M. Skretny, United States District Judge on 11/21/2015. (MEAL)
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Filing 207
DECISION AND ORDER GRANTING the Receiver's #201 Second Motion for an Allowance of Compensation and Reimbursement of Expenses. Signed by William M. Skretny, United States District Judge on 11/21/2015. (MEAL)
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Filing 206
Sealed Document as to defendant Travell Thomas (Retainer Agreement). (DLC)
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Filing 205
TEXT ORDER Defendant Thomas' motion to file a retainer agreement under seal as a supporting exhibit to an application for the release of funds is GRANTED. #204 Counsel is reminded that any application must address the standard to be considered by this Court when determining whether to modify an asset freeze in a civil action to permit a defendant to retain counsel in a parallel criminal proceeding. Relevant factors include whether there has been a demonstrated need for this relief and whether the assets sought are traceable to fraudulent or criminal activity. See generally S.E.C. v. McGinn, No. 10-CV-457 GLS/DRH, 2012 WL 1142516, at *2-3 (N.D.N.Y. Apr. 4, 2012); S.E.C. v. FTC Capital Markets, Inc., No. 09 CIV. 4755 (PGG), 2010 WL 2652405, at *3-4 (S.D.N.Y. June 30, 2010); S.E.C. v. Coates, No. 94 CIV. 5361 (KMW), 1994 WL 455558, at *3 (S.D.N.Y. Aug. 23, 1994). SO ORDERED. Issued by William M. Skretny, United States District Judge on 11/17/2015. (MEAL) - CLERK TO FOLLOW UP -
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Filing 204
First MOTION to Seal Retainer Agreement by Travell Thomas. (Attachments: #1 Certificate of Service)(Riordan, Scott)
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Filing 203
TEXT ORDER. Any objections to the Receiver's Second Motion for Attorney Fees and Reimbursement of Expenses #201 must be filed by November 11, 2015 and the Receiver's reply, if any, shall be filed by November 18, 2015. SO ORDERED. Issued by William M. Skretny, United States District Judge on 10/27/2015. (CMD)
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Filing 202
REPLY to Response to Motion re #176 MOTION for Preliminary Injunction with Asset Freeze (Plaintiffs' reply brief responding to MRS Defendants' opposition (Dkt. 192-193)) filed by Federal Trade Commission. (Attachments: #1 Affidavit of Robert C. Cancellaro, #2 Exhibit 1-8, #3 Exhibit 9-17, #4 Exhibit 18-23, #5 Exhibit 24-29)(Lasky, Brian)
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Filing 201
Second MOTION for Attorney Fees and Reimbursement of Expenses by Garry M. Graber. (Attachments: #1 Affidavit of James C. Thoman, Esq., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C - Proposed Order)(Thoman, James)
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Filing 200
Sealed Document. (DLC)
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Filing 199
REPLY to Response to Motion re #176 MOTION for Preliminary Injunction with Asset Freeze (Plaintiffs' reply brief responding to 4 Star Defendants' opposition (Dkt. 194)) filed by Federal Trade Commission. (Attachments: #1 Affidavit of Brian N. Lasky)(Lasky, Brian)
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Filing 198
TEXT ORDER. The #197 Stipulation Regarding Schedule for Plaintiffs' Reply to Merchant Recovery Defendants' Opposition to Plaintiff's Motion for Additional Preliminary Injunction Containing an Asset Freeze is HEREBY SO ORDERED. Issued by William M. Skretny, United States District Judge on 10/9/2015. (CMD)
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Filing 197
STIPULATION re #176 MOTION for Preliminary Injunction with Asset Freeze, #192 Memorandum in Opposition re Schedule for Plaintiffs' Reply to Merchant Recovery Defendants' Opposition by Federal Trade Commission. (Lasky, Brian)
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Filing 196
TEXT ORDER. The #195 Amended Further Stipulation Regarding Motion Briefing Schedule is HEREBY SO ORDERED. Issued by William M. Skretny, United States District Judge on 9/29/2015. (CMD)
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Filing 195
STIPULATION by 4 Star Resolution LLC. (Benson, Michael)
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Filing 194
MEMORANDUM in Opposition re #176 MOTION for Preliminary Injunction with Asset Freeze filed by 4 Star Resolution LLC. (Attachments: #1 Affidavit)(Benson, Michael)
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Filing 193
AFFIDAVIT re #176 MOTION for Preliminary Injunction with Asset Freeze , filed in opposition by Charles Blakely, III, Merchant Recovery Service, Inc.. (Melber, Brian)
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Filing 192
MEMORANDUM IN OPPOSITION re #176 MOTION for Preliminary Injunction with Asset Freeze by Charles Blakely, III, Merchant Recovery Service, Inc.. (Melber, Brian)
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Filing 191
TEXT ORDER. The #190 Stipulation Regarding Motion Briefing Schedule is HEREBY SO ORDERED. Issued by William M. Skretny, United States District Judge on 9/9/2015. (MEAL)
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Filing 190
AMENDED DOCUMENT by Charles Blakely, III. Amendment to #189 Stipulation Regarding Motion for Briefing Schedule. (Melber, Brian)
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Filing 189
STIPULATION to further amend motion briefing schedule by Charles Blakely, III. (Melber, Brian)
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Filing 188
TEXT ORDER. The #187 Stipulation Regarding Motion Briefing Schedule is HEREBY SO ORDERED. Issued by William M. Skretny, United States District Court on 8/21/2015. (MEAL)
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Filing 187
AMENDED DOCUMENT by Charles Blakely, III. Amendment to #185 Stipulation Regarding Motion Briefing Schedule. (Melber, Brian)
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Filing 186
REPLY to Response to Motion re #114 MOTION to Strike #106 Answer to Complaint, #109 Answer to Complaint, #112 Answer to Complaint,,, Counterclaim,, #107 Answer to Complaint, filed by Federal Trade Commission. (Dahlberg, Karen)
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Filing 185
STIPULATION Regarding Motion Briefing Schedule by Charles Blakely, III. (Melber, Brian)
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Filing 184
MEMORANDUM in Opposition re #114 MOTION to Strike #106 Answer to Complaint, #109 Answer to Complaint, #112 Answer to Complaint,,, Counterclaim,, #107 Answer to Complaint, filed by Charles Blakely, III, Merchant Recovery Service, Inc.. (Melber, Brian)
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Filing 183
Sealed Document. (Attachments: #(1) Dkt 178-17-4, #(2) Dkt. 179-4.) (DLC)
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Filing 182
DECLARATION re #176 MOTION for Preliminary Injunction with Asset Freeze filed by Federal Trade Commission (Declaration of Robert L. Vanwey with Exhibits 1-11). (Lasky, Brian)
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Filing 181
DECLARATION re #176 MOTION for Preliminary Injunction with Asset Freeze filed by Federal Trade Commission (Declaration of Patrick McAlvanah with Attachments A-B). (Lasky, Brian)
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Filing 180
DECLARATION re #176 MOTION for Preliminary Injunction with Asset Freeze filed by Federal Trade Commission (Declaration of Brian Hurley). (Lasky, Brian)
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Filing 179
DECLARATION re #176 MOTION for Preliminary Injunction with Asset Freeze filed by Federal Trade Commission (Declaration of Robin E. Eichen (redacted pursuant to Dkt. 170)). (Lasky, Brian)
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Filing 178
DECLARATION re #176 MOTION for Preliminary Injunction with Asset Freeze filed by Federal Trade Commission (Declaration of Robert C. Cancellaro). (Attachments: #1 Exhibit A-E, #2 Exhibit F, #3 Exhibit G-H, #4 Exhibit I-K, #5 Exhibit L (part 1), #6 Exhibit L (part 2), #7 Exhibit M (part 1), #8 Exhibit M (part 2), #9 Exhibit N-P, #10 Exhibit Q, #11 Exhibit R (part 1), #12 Exhibit R (part 2), #13 Exhibit S (part 1), #14 Exhibit S (part 2), #15 Exhibit S (part 3), #16 Exhibit T-U, #17 Exhibit V-EE (portions filed under seal))(Lasky, Brian)
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Filing 177
MEMORANDUM IN SUPPORT re #176 MOTION for Preliminary Injunction with Asset Freeze (redacted pursuant to Dkt. 170) byFederal Trade Commission. (Lasky, Brian)
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Filing 176
MOTION for Preliminary Injunction with Asset Freeze by Federal Trade Commission.(Lasky, Brian)
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Filing 175
TEXT ORDER. IT HEREBY IS ORDERED THAT, Plaintiffs' #172 Motion for Leave to File Excess Pages for their Memorandum of Law to be extended by 12 pages, is GRANTED. SO ORDERED. Issued by William M. Skretny, United States District Judge on 7/30/2015. (CMD)
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Filing 174
NOTICE by James Thoman Notice of Deadline for Filing Claims (Attachments: #1 Certificate of Service)(Thoman, James)
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Filing 173
AMENDED DOCUMENT by Federal Trade Commission. Amendment to #18 Exhibit 20 to Cancellaro Declaration. (Eichen, Robin)
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Filing 172
MOTION for Leave to File Excess Pages by Federal Trade Commission.(Goff, Karen)
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Filing 171
DECISION AND ORDER GRANTING the Receiver's #134 First Motion for an Allowance of Compensation and Reimbursement of Expenses as specified. Signed by William M. Skretny, United States District Judge on 7/21/2015. (MEAL)
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Filing 169
ORDER ON RECEIVER'S MOTION FOR ORDER SETTING CLAIMS BAR DATE, ESTABLISHING CLAIMS PROCEDURE AND APPROVING NOTIFICATION PROCESS. Signed by William M. Skretny, United States District Judge on 7/21/2015. (CMD)
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Filing 170
Minute Entry for proceedings held before William M. Skretny, United States District Judge: Status Conference held on 7/20/2015. Receiver reported on remaining assets in receivership estate, the recent sale of personal property from corporate premises, and discussions regarding the return of certain rental properties to Defendant Thomas; upon the Court's inquiry the parties confirmed that there were no objections to the Receiver's motion for fees/expenses or his motion to set a claims bar date; the parties reported having held two mediation sessions and are to continue talks; the previously set briefing schedule for submissions related to continuation of the asset freeze in the preliminary injunction and Plaintiffs' motion to strike remains in place, Court grants Plaintiffs' request for the parties' to file certain exhibits to those submissions under seal consistent with prior sealing orders. For pltfs. - Brian Lasky and Robin Eichen, by telephone, Karen Goff, James Morrissey. For the defts. - Brian Melber, Michael Benson, Justin White. Receiver - Gary Graber. (Court Reporter Sean Scott, FTR Gold.) (MEAL)
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Filing 168
SCHEDULING CHANGE NOTICE. The TIME of the Status Conference scheduled for 7/20/2015 before William M. Skretny, United States District Judge has been CHANGED to 10:00 AM. (MEAL)
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Filing 167
DECISION AND ORDER GRANTING in part and DENYING in part the #137 motion of Defendants Blakely and Merchant Recovery Service, Inc., for the Release of Certain Funds; DIRECTING the Receiver to release to Defendant Blakely the $1061.77 from Defendant Blakely's personal accounts and $5,000 from frozen funds attributable to MRS. Signed by William M. Skretny, United States District Court on 7/14/2015. (MEAL)
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Filing 166
TEXT ORDER Presently before this Court is the motion of Linda Joseph, Esq., former counsel for Defendant Travell Thomas and several of the Corporate Defendants in this case, for attorneys fees associated with that representation. Initially, this Court rejects counsels unsubstantiated argument that, because the parties stipulated to the release of $10,000 from frozen assets for the remaining defense attorneys, her firm is now entitled to receive $81,327.57. This Court has already stated, and counsel has acknowledged, the appropriate standard for seeking an opposed modification of the temporary restraining order for the purpose of attorneys fees. (Docket Nos. 105, 110-1.) Even assuming arguendo that counsel has standing to make such a motion now that she has withdrawn, no attempt to comply with this standard was made in the present motion. Finally, counsel's 'due process' argument, improperly raised for the first time in her reply papers, see generally Ruggiero v. Warner-Lambert Co., 424 F.3d 249, 252 (2d Cir. 2005) (citing Playboy Enters., Inc. v. Dumas, 960 F. Supp. 710, 720 n. 7 (S.D.N.Y. 1997)), is undeveloped. Although counsel references legal arguments on which Defendants have not yet been heard, her withdrawal as counsel does not preclude these issues from being raised. Indeed, a briefing schedule regarding the propriety of continuing the temporary restraining orders asset freeze provision has been set. Counsel's motion for attorneys' fees (Docket No. 124) is therefore DENIED. SO ORDERED. Issued by William M. Skretny, United States District Judge on 7/14/2015. (MEAL)
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Filing 165
MEMORANDUM in Support re #137 MOTION Modification of TRO / Preliminary Injunction to Release Funds for Attorneys' Fees and Living Expenses filed by Charles Blakely, III, Merchant Recovery Service, Inc.. (Melber, Brian)
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Filing 164
DECLARATION re #137 MOTION Modification of TRO / Preliminary Injunction to Release Funds for Attorneys' Fees and Living Expenses filed by Charles Blakely, III, Merchant Recovery Service, Inc. filed by Charles Blakely, III, Merchant Recovery Service, Inc.. (Attachments: #1 Exhibit A)(Melber, Brian)
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Filing 162
Sealed Document. (Attachments: #(1) Part 1 Exhibit, #(2) Part 2 Exhibit, #(3) Part 3 Exhibit.) (DLC)
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Filing 163
Sealed Document Replacement of Exhibit 5 to 159 document. (DLC)
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Filing 161
ORDER SEALING CERTAIN DOCUMENTS RELATED TO PLAINTIFFS' OPPOSITION TO DEFENDANT CHARLES BLAKELY'S MOTION FOR LIVING EXPENSES AND ATTORNEYS' FEES. Signed by William M. Skretny, United States District Judge on 7/7/2015. (MEAL) - CLERK TO FOLLOW UP -
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Filing 160
MOTION to Seal Certain Documents Related to Plaintiffs' Opposition to Defendant Charles Blakely's Motion for Living Expenses and Attorneys' Fees by Federal Trade Commission. (Attachments: #1 Affidavit (Goff Declaration in Support of Motion to Seal))(Goff, Karen)
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Filing 159
Sealed Document. (Attachments:#(1) Exhibits, #(2) Exhibits, #(3) Exhibits, #(4) Exhibits, #(5) Exhibits.) (DLC) (Additional attachment(s) added on 7/9/2015: # 6 Exhibit 5) (DLC). (Additional attachment(s) added on 7/9/2015: # 6 Exhibit 5) (DLC).
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E-Filing Notification: Document not legible. Action required: re-submit Exhibit 5 of #159 document. (DLC)
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Filing 158
TEXT ORDER. IT HEREBY IS ORDERED THAT, Defendants' #138 Motion to Seal is GRANTED. SO ORDERED. Issued by William M. Skretny, United States District Judge. - CLERK TO FOLLOW UP - (MEAL)
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E-Filing Notification: Incorrect event used to electronically file document. For future reference, use (Motion to seal) event. No action required re #156 NOTICE by Federal Trade Commission (Motion to Seal Plaintiffs' Opposition Papers) (Goff, Karen) (DLC)
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Filing 157
MEMORANDUM in Opposition re #137 MOTION Modification of TRO / Preliminary Injunction to Release Funds for Attorneys' Fees and Living Expenses (Redacted) filed by Federal Trade Commission. (Attachments: #1 Affidavit Redacted Goff Declaration in Support of Plaintiffs' Opposition, #2 Exhibit Redacted Exhibits to Goff Declaration in Support of Plaintiffs' Opposition)(Goff, Karen)
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Filing 156
NOTICE by Federal Trade Commission re #137 MOTION Modification of TRO / Preliminary Injunction to Release Funds for Attorneys' Fees and Living Expenses (Motion to Seal Plaintiffs' Opposition Papers) (Goff, Karen) Modified on 7/6/2015 (DLC).
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Filing 155
NOTICE of Appearance by Michael A. Benson on behalf of Profile Management, Inc. (Benson, Michael)
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Filing 154
NOTICE of Appearance by Michael A. Benson on behalf of Profile Management, Inc. (Benson, Michael)
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Filing 153
NOTICE of Appearance by Michael A. Benson on behalf of Fourstar Revenue Management LLC (Benson, Michael)
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Filing 152
NOTICE of Appearance by Michael A. Benson on behalf of Fourstar Revenue Management LLC (Benson, Michael)
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Filing 151
NOTICE of Appearance by Michael A. Benson on behalf of International Recovery Service LLC (Benson, Michael)
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Filing 150
NOTICE of Appearance by Michael A. Benson on behalf of International Recovery Service LLC (Benson, Michael)
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Filing 149
NOTICE of Appearance by Michael A. Benson on behalf of Check Solutions Services Inc. (Benson, Michael)
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Filing 148
NOTICE of Appearance by Michael A. Benson on behalf of Check Solutions Services Inc. (Benson, Michael)
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Filing 147
NOTICE of Appearance by Michael A. Benson on behalf of Check Fraud Service, LLC (Benson, Michael)
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Filing 146
NOTICE of Appearance by Michael A. Benson on behalf of Check Fraud Service, LLC (Benson, Michael)
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Filing 145
MOTION for Order Setting Claims Bar Date, Establishing Claims Procedure and Approving Notification Process by Garry M. Graber. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service)(Graber, Garry)
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Filing 144
Mediation Certification by Michael A. Brady(Brady, Michael)
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Filing 143
AFFIDAVIT in Support re #124 Second MOTION for Attorney Fees by Linda H. Joseph, Esq., filed by 4 Star Resolution LLC, Check Fraud Service, LLC, Check Solutions Services Inc., International Recovery Service LLC, Profile Management, Inc., Travell Thomas. (Attachments: #1 Memorandum in Support Reply)(Joseph, Linda)
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Filing 142
CERTIFICATE OF SERVICE by Charles Blakely, III re #141 Affidavit in Support of Motion, (Melber, Brian)
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Filing 141
AFFIDAVIT in Support re #138 MOTION for Leave to File Dopcuments Under Seal, #137 MOTION Modification of TRO / Preliminary Injunction to Release Funds for Attorneys' Fees and Living Expenses filed by Charles Blakely, III, Merchant Recovery Service, Inc.. (Melber, Brian)
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Filing 140
Sealed Document. (Attachments: #(1) Exhibits.) (DLC)
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Filing 139
Sealed Document. (DLC)
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Filing 138
MOTION for Leave to File Dopcuments Under Seal by Charles Blakely, III, Merchant Recovery Service, Inc..(Melber, Brian)
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Filing 137
MOTION Modification of TRO / Preliminary Injunction to Release Funds for Attorneys' Fees and Living Expenses by Charles Blakely, III, Merchant Recovery Service, Inc..(Melber, Brian)
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Filing 136
MEMORANDUM in Opposition re #124 Second MOTION for Attorney Fees (Unredacted versions to be filed under seal per Dkt. 103 and 133) filed by Federal Trade Commission. (Attachments: #1 Affidavit Eichen Declaration, #2 Exhibit A through H to Eichen Declaration)(Goff, Karen)
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Filing 135
ORDER APPROVING Receiver's plan to sell items as specified. Signed by William M. Skretny, Senior United States District Judge on 6/18/2015. (CMD)
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Filing 134
MOTION for Attorney Fees and Reimbursement of Expenses by Garry M. Graber. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Graber, Garry)
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Filing 132
Mediation Certification by Michael A. Brady(Brady, Michael)
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Filing 133
Minute Entry for proceedings held before William M. Skretny, Senior United States District Judge: Status Conference held on 6/17/2015. Receiver James Thoman makes his report to the Court. Court to grant Receiver's #129 MOTION for Permission to Sell Certain Receivership Personalty. Issues with regard to logistics of the sale and storage of receivership property discussed. Attorney Brian Melber intends to file an application for release of funds for his client; Attorney Melber's motion to be filed by 6/19/2015, any responses shall be filed by 7/6/2015. Responses to Attorney Linda Joseph's #124 Motion for Attorney Fees shall be filed by 6/19/2015, replies shall be filed by 6/24/2015. Court grant's Attorney James Morrissey's request for permission to file his response to Attorney Linda Joseph's #124 Motion under seal. An additional Status Conference is set for 7/20/2015 at 9:00 AM before the Hon. William M. Skretny. For pltfs. - Brian Lasky, Robin Eichen (by telephone), James Morrissey. For the defts. - Brian Melber. For receiver - James Thoman. No appearance by attorney's Michael Benson and Justin White. (Court Reporter Michelle McLaughlin.) (JDK)
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Filing 131
Stipulation-Selection of Mediator by People of the State of New York(Morrissey, James)
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Filing 130
DECLARATION filed by Maurice Sessum filed by Maurice Sessum. (Attachments: #1 Certificate of Service)(White, Justin)
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Filing 129
MOTION for Permission to Sell Certain Receivership Personalty by Garry M. Graber. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Certificate of Service)(Graber, Garry)
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Filing 128
TEXT ORDER The Receiver's motion to expedite hearing of his request to sell certain receivership personalty #125 is GRANTED. Defendants may file a response by 5 p.m. on Tuesday, June 16, 2015. The parties are directed to appear before this Court on Wednesday, June 17, 2015 at 11 a.m., at which time requests to file additional or more extensive opposition papers will be considered. The parties should also inform this Court immediately if this matter was resolved at last Fridays scheduled mediation session. SO ORDERED. Issued by William M. Skretny, Senior United States District Judge on 6/15/2015. (MEAL)
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Filing 127
NOTICE of Change of Address by Linda H. Joseph (Joseph, Linda)
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Filing 126
CERTIFICATE OF SERVICE by Garry M. Graber re #125 MOTION to Expedite Hearing on Receiver's Motion for Permission to Sell Certain Receivership Personalty (Graber, Garry)
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Filing 125
MOTION to Expedite Hearing on Receiver's Motion for Permission to Sell Certain Receivership Personalty by Garry M. Graber. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Graber, Garry)
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Filing 124
Second MOTION for Attorney Fees by 4 Star Resolution LLC. (Attachments: #1 Affirmation of Linda H. Joseph, #2 Exhibits A-C to Affirmation of Linda H. Joseph)(Joseph, Linda)
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Filing 123
STATUS REPORT Preliminary Receiver's Report by Garry M. Graber. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Graber, Garry)
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Filing 122
Sealed Document. (Attachments: #(1) Exhibit A, #(2) Exhibit B, #(3) Exhibit C, #(4) Exhibit D, #(5) Exhibit E, #(6) Exhibit F.) (DLC)
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Filing 121
TEXT ORDER. IT HEREBY IS ORDERED THAT, Receiver's #119 Motion to File his Preliminary Report Under Seal and to electronically file a redacted version of his Preliminary Report, is GRANTED. SO ORDERED. Issued by William M. Skretny, Senior United States District Judge on 6/3/2015. (CLERK TO FOLLOW UP). (CMD)
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Filing 120
TEXT ORDER. The parties' Stipulated Preliminary Injunction Order #115 and Stipulation Regarding the Preliminary Injunction Briefing Schedule, Motion to Strike Affirmative Defenses Briefing Schedule, and Release of Funds for Attorneys Fees are hereby SO ORDERED. Issued by William M. Skretny, Senior United States District Judge on 6/1/2015. (CMD)
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Filing 119
MOTION to Seal Notice of Receiver's Motion to File Preliminary Report Under Seal by Garry M. Graber.(Graber, Garry)
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Filing 118
CERTIFICATE OF SERVICE by People of the State of New York (Morrissey, James)
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Filing 117
STIPULATION re #114 MOTION to Strike #106 Answer to Complaint, #109 Answer to Complaint, #112 Answer to Complaint,,, Counterclaim,, #107 Answer to Complaint, , #108 Stipulation Stipulated Order Regarding Preliminary Injunction Briefing Schedule, Motion to Strike Affirmative Defenses Briefing Schedule, and Release of Funds for Attorneys Fees by Federal Trade Commission. (Dahlberg, Karen)
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Filing 116
CONTINUATION OF EXHIBITS to #115 Stipulation Attachments A through C to the Stipulated Preliminary Injunction Order (Attachment A in 2 parts). (Attachments: #1 Attachment A (part 2- Individual Financial Statement), #2 Attachment B (Corporate Financial Statement), #3 Attachment C (Consent to Release Records))(Dahlberg, Karen) (Attachment 1 replaced on 12/10/2020) (CGJ). (Attachment 2 replaced on 12/10/2020) (CGJ).
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Filing 115
STIPULATION re #108 Stipulation Stipulated Preliminary Injunction Order (without asset freeze provisions) by Federal Trade Commission. (Dahlberg, Karen)
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Filing 114
MOTION to Strike #106 Answer to Complaint, #109 Answer to Complaint, #112 Answer to Complaint,,, Counterclaim,, #107 Answer to Complaint, by Federal Trade Commission. (Attachments: #1 Memorandum in Support Motion to Strike Several of Defendants' Affirmative Defenses)(Eichen, Robin)
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Filing 113
Minute Entry for proceedings held before William M. Skretny, Senior United States District Judge: Status Conference held on 5/6/2015. Receiver's report given on status of receivership defendant accounts and monthly expenditures. Attorney Linda Joseph has filed #110 Motion to Withdraw as Attorney for 4 Star Resolution LLC, Check Fraud Service, LLC, Check Solutions Services Inc., Fourstar Revenue Management LLC, International Recovery Service LLC, Profile Management, Inc., Travell Thomas. Ms. Joseph argues motion. Court grants Attorney Joseph's #110 Motion to Withdraw. Depositions being taken, answers have been filed and financial disclosure forms being submitted. Mediation, attorney's fees, motions to dismiss/strike, frozen assets and alternatives assets discussed. TRO extended as stipulated and requested. For pltfs. - Brian Lasky, Robin Eichen (by telephone), Karen Dahlberg, Karen Goff, James Morrissey. For the defts. - Brian Melber, Michael Benson, Linda Joseph, Alicia Rood, Justin White. For receiver - James Thoman. (Court Reporter Michelle McLaughlin.) (JDK)
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Filing 112
Amended ANSWER to #1 Complaint, by 4 Star Resolution, LLC, et al.,, First COUNTERCLAIM for Return and/or for Compensation with respect to Seized and/or Frozen Assets taken without Statutory Authority, against Federal Trade Commission, People of the State of New York by 4 Star Resolution LLC, Profile Management, Inc., International Recovery Service LLC, Check Solutions Services Inc., Travell Thomas, Check Fraud Service, LLC, Fourstar Revenue Management LLC.(Joseph, Linda) Modified on 5/13/2016 (KLH). Modified on 6/3/2016 (KLH).
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Filing 111
TEXT ORDER. The #108 Stipulated Order Regarding Preliminary Injunction Briefing Schedule and Extension of Temporary Restraining Order is HEREBY SO ORDERED. Issued by William M. Skretny, Senior United States District Judge on 5/5/2015. (CMD)
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Filing 110
First MOTION to Withdraw as Attorney by Linda H. Joseph, Esq., by 4 Star Resolution LLC, Check Fraud Service, LLC, Check Solutions Services Inc., Fourstar Revenue Management LLC, International Recovery Service LLC, Profile Management, Inc., Travell Thomas. (Attachments: #1 Affidavit of Linda H. Joseph)(Joseph, Linda)
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ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution (DLC)
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Filing 109
ANSWER to #1 Complaint, by Charles Blakely, III, Merchant Recovery Service, Inc..(Melber, Brian)
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Filing 108
STIPULATION re #29 Order, 41 Order,,,,,,,,,,,,, Stipulated Order regarding Preliminary Injunction Briefing Schedule & Extension of the Temporary Restraining Order by Federal Trade Commission. (Dahlberg, Karen)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution (DLC)
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Filing 107
ANSWER to #1 Complaint, by 4 Star Resolution LLC, Check Fraud Service, LLC, Check Solutions Services Inc., Fourstar Revenue Management LLC, International Recovery Service LLC, Profile Management, Inc., Travell Thomas.(Joseph, Linda)
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ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution (DLC)
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Filing 106
ANSWER to #1 Complaint, by Maurice Sessum. (Attachments: #1 Certificate of Service)(White, Justin)
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Filing 105
TEXT ORDER Defense counsel's motion for this Court to order the payment of attorneys' fees #104 is DENIED. Counsel is not appointed; instead any discussion of attorneys' fees must be submitted in a motion to modify the temporary restraining order to unfreeze assets for Defendants' use. A determination to unfreeze assets for defense fees requires consideration of "whether the defendants have other available funds by which to pay their attorneys, which requires full financial disclosure by the defendants," and "the claims of the consumers who were the victims of the defendants' [alleged] wrongdoing." FTC v. QT, Inc., 467 F. Supp. 2d 863, 866 (N.D. Ill. 2006); see Fed. Sav. & Loan Ins. Corp. v. Dixon, 835 F.2d 554, 565 (5th Cir. 1987) (burden on defendant to show that he or she could not secure the services of an attorney without the release of frozen funds); FTC v. Construct Data Publishers, No. 13-cv-1999, 2014 WL 7004999, *8 (N.D. Ill. Dec. 11, 2014) (imprudent to release frozen assets without an accounting); see generally F.T.C. v. Think Achievement Corp., 312 F.3d 259, 262 (7th Cir. 2003); Richards v. Mountain Capital Mgmt., No. 10 Civ. 2790 (RMB)(JCF), 2010 WL 2473588, *3 (S.D.N.Y. June 17, 2010); FTC v. Met. Commns Corp., No. 94 Civ. 0142 (JFK), 1995 WL 540053, *1 (S.D.N.Y. Sept. 11, 1995). Accordingly, like the prior motion to unfreeze assets for living expenses, this motion must also be denied because the Court has not been presented with sufficient information regarding Defendants' assets, frozen or not, to perform the requisite analysis. (See Docket No. 93.) SO ORDERED. Issued by William M. Skretny, Senior United States District Judge on 4/24/2015. (CMD)
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Filing 104
MOTION for Attorney Fees by 4 Star Resolution LLC. (Attachments: #1 Attorney Affirmation of Linda H. Joseph with attached Exhibit A)(Joseph, Linda)
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Filing 103
STIPULATED ORDER TO SEAL. Signed by William M. Skretny, Senior United States District Judge. (CMD)
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Filing 102
Joint MOTION for Protective Order re Financial Statements and Expedited Deposition Testimony (stipulated by all parties) by Federal Trade Commission.(Lasky, Brian)
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Filing 101
NOTICE of Appearance by Karen V. Goff on behalf of Federal Trade Commission (Goff, Karen)
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Filing 100
Minute Entry for proceedings held before William M. Skretny, Senior United States District Judge: Status Conference held on 4/2/2015. Receiver's report given on status of receivership defendant accounts and monthly expenditures. Receiver and Defendants to continue discussions regarding the same. Parties stipulate to an extension until April 30, 2015 for Defendants to answer complaint. Court grants protective order request with respect to financial disclosure forms required by Section IV of the TRO and expedited depositions taken pursuant to Section XIX, without prejudice to any party later moving to unseal. Parties amenable to mediation after Defendants file their answers and financial disclosure forms are submitted, at which time it will be considered if mediation can move forward prior to the taking of expedited depositions. TRO remains in place through 5:00 pm on May 8, 2015, unless a further extension is stipulated by the parties. An additional Status Conference set for 5/6/2015 at 11:00 AM before the Hon. William M. Skretny. For pltfs. - Brian Lasky, Karen Dahlberg (by telephone), James Morrissey. For the defts. - Brian Melber, Michael Benson, Linda Joseph, Alicia Rood, Justin White. For receiver - Garry Graber, James Thoman. (Court Reporter Michelle McLaughlin.) (MEAL)
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Filing 99
DECLARATION signed by James M. Morrissey filed by People of the State of New York Sur-Reply (with caption) filed by People of the State of New York. (Morrissey, James)
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E-Filing Notification: Missing case caption, case number and court name. Action required: re-file document in proper format and with new proof of service re #97 DECLARATION signed by James M. Morrissey. (DLC)
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Filing 98
Emergency MOTION Emergency Treatment of Motion for Mandatory Mediation and Other Relief re #96 First MOTION for Mandatory Mediation and Other Relief by 4 Star Resolution LLC, Travell Thomas. (Attachments: #1 Affidavit and Exhibits A and B)(Joseph, Linda)
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Filing 97
DECLARATION signed by James M. Morrissey filed by People of the State of New York Sur-Reply Declaration filed by People of the State of New York. (Morrissey, James)
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Filing 96
First MOTION for Mandatory Mediation and Other Relief by 4 Star Resolution LLC, Travell Thomas. (Attachments: #1 Affidavit and Exhibits A-D, #2 Exhibit Continuation of Exhibits, #3 Exhibit Continuation of Exhibits, #4 Exhibit Continuation of Exhibits, #5 Exhibit Continuation of Exhibits)(Joseph, Linda)
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Filing 95
TEXT ORDER. Plaintiffs' motion to file a sur-reply #94 to Defendants' motion to re-open a portion of Defendant 4 Star Resolution's business is GRANTED. Plaintiffs may file a sur-reply declaration with exhibits by 5 p.m. on Wednesday, April 1, 2015. SO ORDERED. Issued by William M. Skretny, Senior United States District Judge on 3/30/2015. (CMD)
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Filing 94
First MOTION for Leave to File Sur-Reply by People of the State of New York. (Attachments: #1 Morrissey Declaration with Exhibits, #2 Text of Proposed Order)(Morrissey, James)
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Filing 93
DECISION AND ORDER DENYING without prejudice Defendant Thomas' #45 Motion for a Modification of the TRO for Living Expenses. Signed by William M. Skretny, Senior United States District Judge on 3/30/2015. (MEAL)
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Filing 92
REPLY/RESPONSE to re #52 First MOTION Reopen Portion of Business Reply Memorandum of Law filed by 4 Star Resolution LLC. (Attachments: #1 Affidavit Linda H Joseph)(Joseph, Linda)
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Filing 91
REPLY/RESPONSE to re #52 First MOTION Reopen Portion of Business Affidavit of Angela Battles and others filed by 4 Star Resolution LLC. (Attachments: #1 Affidavit Deanna Golden, #2 Affidavit Heather Gasta, #3 Affidavit Jasmine Berry, #4 Affidavit Lessendra Jackson, #5 Affidavit Letitie Edwards, #6 Affidavit Shalish McCarter, #7 Affidavit Maurice Sessum)(Joseph, Linda)
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Filing 90
CONTINUATION OF EXHIBITS to #52 First MOTION Reopen Portion of Business Exhibit C to Declaration of Travell Thomas. (Joseph, Linda)
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Filing 89
CONTINUATION OF EXHIBITS to #52 First MOTION Reopen Portion of Business to Declaration of Travell Thomas. (Attachments: #1 Exhibit B part 2B to Thomas Declaration, #2 Exhibit B part 3B to Thomas Declaration, #3 Exhibit B part 4B to Thomas Declaration, #4 Exhibit B part 4B to Thomas Declaration, #5 Exhibit B part 5B to Thomas Declaration, #6 Exhibit B part 7B to Thomas Declaration, #7 Exhibit B part 8B to Thomas Declaration)(Joseph, Linda)
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Filing 88
REPLY/RESPONSE to re #52 First MOTION Reopen Portion of Business Reply Affidavit of Travell Thomas filed by 4 Star Resolution LLC. (Attachments: #1 Exhibit A to Thomas Declaration, #2 Exhibit B part A1 to Thomas Declaration, #3 Exhibit B part A2 to Thomas Declaration, #4 Exhibit B part A3 to Thomas Declaration, #5 Errata B part A4 to Thomas Declaration, #6 Exhibit B part A5 to Thomas Declaration, #7 Exhibit B part A6 to Thomas Declaration)(Joseph, Linda)
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Filing 87
MOTION Open Operation 4 Star Resolution by Maurice Sessum. (Attachments: #1 Affidavit, #2 Certificate of Service)(White, Justin)
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Filing 86
CONTINUATION OF EXHIBITS to #52 First MOTION Reopen Portion of Business , #57 Continuation of Exhibits, Corrected Exhibits Q to T to Affidavit of Travell Thomas. (Attachments: #1 Corrected Exhibits U to X to Affidavit of Travell Thomas)(Joseph, Linda)
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Filing 85
CONTINUATION OF EXHIBITS to #53 Continuation of Exhibits,, #52 First MOTION Reopen Portion of Business Corrected Exhibits R to U to Affidavit of Ron Williams. (Joseph, Linda)
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Filing 84
DECLARATION signed by Robin E. Eichen re #65 Response in Opposition to Motion, filed by Federal Trade Commission (Supplemental). (Eichen, Robin)
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Filing 83
TEXT ORDER. IT HEREBY IS ORDERED THAT, Defendants Travell Thomas and 4 Star Resolution's #81 Amended Motion to Seal Documents is GRANTED. SO ORDERED. Issued by William M. Skretny, Senior United States District Judge on 3/26/2015. (CLERK TO FOLLOW UP). (CMD) Modified on 3/26/2015 (CMD).
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Filing 82
CONTINUATION OF EXHIBITS to #4 MOTION to Appoint Receiver MOTION to Compel MOTION Temporarily Freezing Assets MOTION for Temporary Restraining Order MOTION for Order to Show Cause, #10 Exhibit, #9 Exhibit, . (Attachments: #1 Affidavit of Elizabeth Nisley, PX 32, #2 Affidavit of Stephanie Nortmann, PX 33, #3 Affidavit of April Novia, PX 34, #4 Affidavit of Mary O'Hagen, PX 35)(Eichen, Robin)
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Filing 81
MOTION to Amend/Correct #70 First MOTION to Seal (Unopposed) by 4 Star Resolution LLC, Travell Thomas. (Attachments: #1 Affidavit of Alicia C. Rood)(Joseph, Linda)
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Filing 80
TEXT ORDER. IT HEREBY IS ORDERED THAT, the #48 Motion for Pro Hac Vice Admission of Michael Benson, Esq., is GRANTED. SO ORDERED. Issued by William M. Skretny, Senior United States District Judge on 3/23/2015. (CMD)
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Filing 79
DECLARATION re #52 First MOTION Reopen Portion of Business filed by Garry M. Graber Declaration of Garry M. Graber in Support of Objection to Motion to Modify the Temporary Restraining Order to Permit Operation of the Portion of 4 Star Resolution's Business filed by Garry M. Graber. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Graber, Garry)
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Filing 78
AFFIDAVIT of Donna M. Goodman in Opposition re #52 First MOTION Reopen Portion of Business (with Exhibits) filed by Federal Trade Commission. (Lasky, Brian)
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Filing 77
AFFIDAVIT of Robert C. Cancellaro in Opposition re #52 First MOTION Reopen Portion of Business filed by Federal Trade Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit C-3, #6 Exhibit C-4, #7 Exhibit C-5, #8 Exhibit C-6, #9 Exhibit D-G, #10 Exhibit H-M, #11 Exhibit N-T)(Lasky, Brian)
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Filing 76
AFFIDAVIT of Catherine Standiford in Opposition re #52 First MOTION Reopen Portion of Business filed by Federal Trade Commission. (Lasky, Brian)
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Filing 75
AFFIDAVIT of Delmonica Smith in Opposition re #52 First MOTION Reopen Portion of Business filed by Federal Trade Commission. (Lasky, Brian)
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Filing 74
AFFIDAVIT of Dustin Lemlen in Opposition re #52 First MOTION Reopen Portion of Business filed by Federal Trade Commission. (Lasky, Brian)
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Filing 73
AFFIDAVIT of Maria Horwath in Opposition re #52 First MOTION Reopen Portion of Business filed by Federal Trade Commission. (Lasky, Brian)
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Filing 72
AFFIDAVIT of James M. Morrissey in Opposition re #52 First MOTION Reopen Portion of Business (Exhibits A-C included with Declaration) filed by Federal Trade Commission. (Attachments: #1 Exhibit D, #2 Exhibit E-J, #3 Exhibit K-O, #4 Exhibit P-Q, #5 Exhibit R, #6 Exhibit S-1, #7 Exhibit S-2, #8 Exhibit S-3, #9 Exhibit T-V)(Lasky, Brian)
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Filing 71
MEMORANDUM in Opposition re #52 First MOTION Reopen Portion of Business filed by Federal Trade Commission. (Lasky, Brian)
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Filing 70
First MOTION to Seal (Unopposed) by 4 Star Resolution LLC, Travell Thomas. (Attachments: #1 Affidavit Alicia C. Rood)(Joseph, Linda)
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Filing 69
REPLY to Response to Motion re #45 First MOTION Modification of TRO for Living Expenses re #29 Order, Reply Affidavit of Travell Thomas filed by Travell Thomas. (Attachments: #1 Affidavit Alicia C. Rood)(Joseph, Linda)
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Filing 68
CONTINUATION OF EXHIBITS to #48 First MOTION for Leave to Appear Pro Hac M Benson Civility Oath. (Joseph, Linda)
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Filing 67
TEXT ORDER Defendant Thomas' motion to expedite #63 is GRANTED. Plaintiffs and the Receiver shall file their respective responses to this Defendant's motion seeking a reopening of a portion of the defendant business by Monday, March 23, 2015, and Defendant shall file a reply, if any, by Friday, March 27, 2015. The Court will schedule oral argument only if deemed necessary. Issued by William M. Skretny, Senior United States District Judge on 3/15/2015. (MEAL)
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Filing 66
ORDER AUTHORIZING THE RECEIVER TO PAY PRE-RECEIVERSHIP PAYROLL EXPENSES. Signed by William M. Skretny, Senior United States District Judge on 3/15/2015. (MEAL)
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Filing 65
RESPONSE in Opposition re #46 Emergency MOTION to Expedite , #45 First MOTION Modification of TRO for Living Expenses re #29 Order, filed by Federal Trade Commission. (Attachments: #1 Affidavit James M. Morrissey (with exhibits), #2 Affidavit Emil T. George (with attachmets), #3 Affidavit Robin E. Eichen (with exhibits))(Dahlberg, Karen)
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Filing 64
DECLARATION re #45 First MOTION Modification of TRO for Living Expenses re #29 Order, filed by Garry M. Graber filed by Garry M. Graber. (Attachments: #1 Exhibit A)(Graber, Garry)
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Filing 63
First MOTION to Expedite Hearing of Defendants Motion to Reopen a Portion of the Business by 4 Star Resolution LLC. (Attachments: #1 Affidavit of Linda H Joseph, #2 Memorandum in Support)(Joseph, Linda)
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Filing 62
MEMORANDUM IN SUPPORT re #52 First MOTION Reopen Portion of Business by4 Star Resolution LLC. (Joseph, Linda)
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Filing 59
CONTINUATION OF EXHIBITS to #52 First MOTION Reopen Portion of Business , #57 Continuation of Exhibits, Exhibit P to Affidavit of Travell Thomas. (Attachments: #1 Exhibit P part 2 to Travell Thomas Affidavit, #2 Exhibit P part 3 to Travell Thomas Affidavit, #3 Exhibit P part 4 to Travell Thomas Affidavit)(Joseph, Linda)
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Filing 58
CONTINUATION OF EXHIBITS to 56 Continuation of Exhibits,, #52 First MOTION Reopen Portion of Business Exhibit O to Affidavit of Travell Thomas. (Attachments: #1 Exhibit O part 2 to Travell Thomas Affidavit, #2 Exhibit O part 3 to Travell Thomas Affidavit, #3 Exhibit O part 4 to Travell Thomas Affidavit, #4 Exhibit O part 5 to Travell Thomas Affidavit, #5 Exhibit O part 6 to Travell Thomas Affidavit, #6 Exhibit O part 7 to Travell Thomas Affidavit, #7 Exhibit O part 8 to Travell Thomas Affidavit, #8 Exhibit O part 9 to Travell Thomas Affidavit, #9 Exhibit O part 10 to Travel Thomas Affidavit, #10 Exhibit O part 11 to Travell Thomas Affidavit)(Joseph, Linda)
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Filing 57
CONTINUATION OF EXHIBITS to #52 First MOTION Reopen Portion of Business Affidavit of Travell Thomas. (Attachments: #1 Exhibit A-D to Travell Thomas Affidavit, #2 Exhibit E-J to Travell Thomas Affidavit, #3 Exhibit K-N part 1 to Travell Thomas Affidavit, #4 Exhibit K-N part 2 to Travell Thomas Affidavit, #5 Exhibit K-N part 3 to Travell Thomas Affidavit, #6 Exhibit K-N part 4 to Travell Thomas)(Joseph, Linda)
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Filing 55
CONTINUATION OF EXHIBITS to #53 Continuation of Exhibits,, #52 First MOTION Reopen Portion of Business Exhibit O to Affidavit of Ron Williams. (Attachments: #1 Exhibit Exhibit O part 2 to Williams Affidavit, #2 Exhibit Exhibit O part 3 to Williams Affidavit, #3 Exhibit Exhibit O part 4 to Williams Affidavit, #4 Exhibit Exhibit O part 5 to Williams Affidavit, #5 Exhibit Exhibit O part 6 to Williams Affidavit)(Joseph, Linda)
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Filing 54
CONTINUATION OF EXHIBITS to #53 Continuation of Exhibits,, #52 First MOTION Reopen Portion of Business Exhibits K-N to Affidavit of Ron Williams. (Attachments: #1 Exhibit K-N part 2 to Affidavit of Ron Williams, #2 Exhibit K-N part 3 to Affidavit of Ron Williams, #3 Exhibit K-N part 4 to Affidavit of Ron Williams, #4 Exhibit K-N part 5 to Affidavit of Ron Williams, #5 Exhibit K-N part 6 to Affidavit of Ron Williams, #6 Exhibit K-N part 7 to Affidavit of Ron Williams, #7 Exhibit K-N part 8 to Affidavit of Ron Williams, #8 Exhibit K-N part 9 to Affidavit of Ron Williams, #9 Exhibit K-N part 10 to Affidavit of Ron Williams, #10 Exhibit K-N part 11 to Affidavit of Ron Williams)(Joseph, Linda)
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Filing 53
CONTINUATION OF EXHIBITS to #52 First MOTION Reopen Portion of Business Affidavit of Ron Williams. (Attachments: #1 Exhibit A Part 1 to Affidavit of Ron Williams, #2 Exhibit A part 2 to Affidavit of Ron Williams, #3 Exhibit A part 3 to Affidavit of Ron Williams, #4 Exhibit A part 4 to Affidavit of Ron Williams, #5 Exhibit B-J part 1 to Affidavit of Ron Williams, #6 Exhibit B-J part 2 to Affidavit of Ron Williams, #7 Exhibit B-J part 3 to Affidavit of Ron Williams, #8 Exhibit B-J Part 4 to Affidavit of Ron Williams)(Joseph, Linda)
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Filing 52
First MOTION Reopen Portion of Business by 4 Star Resolution LLC. (Attachments: #1 Affidavit Linda H Joseph, #2 Exhibit A to D to Affidavit of Linda H Joseph, #3 Exhibit E to Affidavit of Linda H Joseph, #4 Exhibit Continuation of Exhibit E to Affidavit of Linda H Joseph)(Joseph, Linda)
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Filing 51
CERTIFICATE OF SERVICE by Merchant Recovery Service, Inc. re #50 Notice of Appearance, #49 Notice of Appearance (Melber, Brian)
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E-Filing Notification: #48 First MOTION for Leave to Appear Pro Hac for Michael Benson, Esq. ACTION REQUIRED: Please file the signed Civility Principles Oath which an be found on our website at: http://www.nywd.uscourts.gov for Michael Benson, Esq. by using the "continuation of exhibit" event and link it to the motion. (CMD)
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Filing 50
NOTICE of Appearance by Brian Melber on behalf of Charles Blakely, III (Melber, Brian)
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Filing 49
NOTICE of Appearance by Brian Melber on behalf of Merchant Recovery Service, Inc. (Melber, Brian)
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Filing 48
First MOTION for Leave to Appear Pro Hac M Benson by Travell Thomas. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Signed Electronic Filing Form, #3 Exhibit Signed Attorney Oath, #4 Exhibit Signed Attorney Database Form)(Joseph, Linda)
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E-Filing Notification: Original motion was terminated and must be resubmitted re #43 CONTINUATION OF EXHIBITS Motion to Admit M Benson Pro Hac. (Joseph, Linda) (DLC)
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Remark ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD)
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Filing 47
TEXT ORDER Defendant Thomas' motion to expedite #46 is GRANTED. Plaintiffs and the Receiver, should he choose, shall file a response to this Defendant's motion for modification of the TRO to allow living expenses by Friday, March 13, 2015, and Defendant shall file a reply, if any, by Wednesday, March 18, 2015. The Court will schedule oral argument only if deemed necessary. Issued by William M. Skretny, Chief Judge on 3/6/2015. (MEAL)
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Filing 46
Emergency MOTION to Expedite by Travell Thomas. (Attachments: #1 Affidavit of Linda H. Joseph)(Joseph, Linda)
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Filing 45
First MOTION Modification of TRO for Living Expenses re #29 Order, by Travell Thomas. (Attachments: #1 Affidavit of Travell Thomas, #2 Memorandum in Support)(Joseph, Linda)
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Filing 44
Corporate Disclosure Statement by 4 Star Resolution LLC, Check Fraud Service, LLC, Check Solutions Services Inc., Fourstar Revenue Management LLC, International Recovery Service LLC, Profile Management, Inc.. (Joseph, Linda)
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Filing 43
CONTINUATION OF EXHIBITS to E-Filing Notification,, E-Filing Notification, Motion to Admit M Benson Pro Hac. (Attachments: #1 Exhibit, #2 Exhibit)(Joseph, Linda)
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Filing 42
NOTICE of Appearance by Garry M. Graber on behalf of Garry M. Graber (Graber, Garry)
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Filing 41
TEXT ORDER The following provisions reflect the agreement reached by the parties with respect to the governing temporary restraining order. To the extent, if any, the following provisions conflict with the agreement as read into the record at the March 2, 2015 afternoon status conference, the transcript of the oral agreement controls. 1. By March 9, 2015, Defendants' counsel will file a notice of appearance on behalf of each of the defendants, both individual and corporate. 2. Plaintiffs will return documents to the Buffalo-area business premises by 5:00 p.m. on March 6, 2015 and will make arrangements with Defendants' counsel with respect to the documents from the Charlotte-area premises. 3. The Buffalo-area Defendants' may have access to the business premises during normal business hours under the following conditions: a. The Receiver or his agent will be present, b. Counsel for the defendant will be present, c. Defendants will not remove documents from premises but may copy them on premises. 4. By March 9, 2015, any Defendant(s) who removed funds from the International Recovery Services, LLC account on February 11, 2015 will turn over such funds to the Receiver. To the extent that such funds have been spent, such defendant(s) will provide to the receiver all documents he reasonably requires to verify the expenditure was for value received. 5. By March 9, 2015, any Defendant(s) who removed funds from the Merchant Recovery Services, Inc account on February 11, 2015 will turn over such funds to the Receiver. To the extent that such funds have been spent, such defendant(s) will provide to the receiver all documents he reasonably requires to verify the expenditure was for value received. 6. By April 1, 2015, Defendants' will submit the financial disclosure forms required by Section IV of the TRO. Defendants will make themselves available for the depositions permitted by Section XIX(A) of the TRO immediately thereafter subject to the schedule of counsel. In any event, defendants must make themselves available by May 1, 2015. By submitting the financial disclosure forms, Defendants do not consent to the freezing of any funds and retain the option to move the Court to have funds unfrozen. 7. The Plaintiffs consent to the release of $50,000 for attorney's fees to be paid as follows: $12,500 to Personius Melber from frozen assets of Charles Blakely or Merchant Recovery Services, Inc; and $12,500 each to Justin White, Michael Benson and Schroder, Joseph & Associates from the remaining frozen assets. Defendants retain the option of applying for additional attorneys fees and Plaintiffs do no waive their right to oppose such applications. Nothing herein shall prevent the individual defendants from applying for living expenses from the funds frozen by the TRO which applications the Plaintiffs may oppose. 8. Nothing shall prevent Defendants from applying for permission to allow one or more of the corporate defendants to resume business operations, which application the Plaintiffs may oppose. 9. The TRO will be extended to May 8, 2015 or later. SO ORDERED. Issued by William M. Skretny, Chief Judge on 3/4/2015. (MEAL)
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Filing 39
NOTICE of Appearance by Linda H. Joseph on behalf of 4 Star Resolution LLC, Check Fraud Service, LLC, Check Solutions Services Inc., Fourstar Revenue Management LLC, International Recovery Service LLC, Profile Management, Inc., Travell Thomas (Joseph, Linda)
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SECOND E-Filing Notification: RE: #37 MOTION to appear pro hac vice. Pursuant to Local Rule 83.1(c) all documents listed in subdivision (b)(1)(A)(i)-(vi) must be completed. Documents missing re: 37 Motion to appear pro hac vice as to Michael Benson, Esq.: Attorney's Oath, Civility Principles Oath, Attorney Database Information and CM/ECF Registration forms which an be found on our website at: http://www.nywd.uscourts.gov. ACTION REQUIRED: Please re-file the Motion using the "Motion" event and select "Appear" to avoid a second fee payment together with all documents required for pro hac vice admission. (DLC)
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Filing 40
Minute Entry for proceedings held before William M. Skretny, Chief Judge: Status Conference held on 3/2/2015. Attorney Benson was advised that pro hac vice motion was found to be deficient by the Clerk's Office and needs to be re-filed. Receiver Gary Graber present and made report to the Court. Oral application made to pay employees. Proposed order to be submitted to the Court. Parties met and agreement reached as to to extension of TRO etc. Said agreement put on the record. Notices of appearances to be filed. Court extends TRO to 5:00 PM on 5/8/2015. Defendants reserved right to make motions for further modifications of TRO, such as for living expenses. Receiver granted persmission to be heard on any such motions. Counsel stipulate to confidentiality of financial disclosures. An additional Status Conference is scheduled for 4/2/2015 at 10:00 AM before William M. Skretny, Chief Judge. For pltfs. - Brian Lasky, Robin Eichen (by telephone - afternoon appearance only), James Morrissey. For the defts. - Brian Melber, Michael Benson, Linda Joseph, Justin White (not present in afternoon). (Court Reporter Michelle McLaughlin.) (MEAL)
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Filing 38
NOTICE of Appearance by Justin S. White on behalf of Maurice Sessum (Attachments: #1 Certificate of Service)(White, Justin)
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E-Filing Notification: Additional papers needed re #37 MOTION to appear pro hac vice. Please submit the completed Attorney's Oath, Civility Principles Oath, Attorney data base information form and CM/ECF registration form. You may use the Continuance of Exhibits event. The above forms are available on our website www.nywd.uscourts.gov (DLC)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P. 7.1 (b) are to be filed within seven (7) days of this notice. (KM)
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Filing 37
MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-2213393.) by Fourstar Revenue Management LLC. (Attachments: #1 Certificate of Service)(White, Justin) Modified on 3/9/2015 (DLC).
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Filing 35
MOTION to Seal previously filed versions of PX7, PX15 and PX36 by Federal Trade Commission. (Attachments: #1 Redacted version of PX7, #2 Redacted version of PX15, #3 Redacted version of PX36)(Dahlberg, Karen)
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Filing 34
-CLERK TO FOLLOW UP-ORDER granting #31 Motion to Seal copies of exhibits to plaintiffs' Ex Parte Motion for TRO with an asset freeze, appointment of a receiver, and other equitable relief. The Clerk is directed to unseal the instant case and all filed documents with the exception of Docket Nos. 4-7, 4-15, and 8, and this Court will retain under seal original copies of the redacted documents. Plaintiffs shall file public copies of exhibits. Signed by Hon. William M. Skretny on 2/19/2015. (DLC)
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Filing 33
DECLARATION in support of #31 MOTION to Seal filed by attorney for Federal Trade Commission. (DLC)
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Filing 32
MEMORANDUM IN SUPPORT of #31 MOTION to Seal by the State of New York. (DLC)
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Filing 31
MOTION to Seal Certain Exhibits to plaintiffs' TRO motion under seal by Federal Trade Commission and State of New York. (DLC)
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Filing 36
Minute Entry for proceedings held before William M. Skretny, Chief Judge: Status Conference held on 2/18/2015. The Clerk is directed to unseal the instant case and all filed documents with the exception of Docket Nos. 4-7, 4-15, and 8, and this Court will retain under seal original copies of the redacted documents. Court grants Motion to Seal copies of exhibits to plaintiffs' Ex Parte Motion for TRO with an asset freeze, appointment of a receiver, and other equitable relief. Attorney Justin White to represent Maurice Sessum. Attorneys Dennis Vacco and Eric Soehnlein discuss representation of Travell Thomas and Charles Blakely, III. Notices of Appearance to be filed. Discussion held on unfreezing of a portion of defendants' assets to pay attorney fees. Receiver Gary Graber is present and makes his report to the Court. Court extends TRO to 5:00 PM on 3/2/2015. An Additional Status Conference is scheduled for 3/2/2015 at 9:00 AM before William M. Skretny, Chief Judge. For pltfs. - Brian Lasky, Robin Eichen (by telephone), Karen Dahlberg, James Morrissey. For the defts. - Dennis C. Vacco, Eric Soehnlein, Justin White. For the receiver - James Thoman, Steven Wells. (Court Reporter Michelle McLaughlin.) (JDK)
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Filing 30
Minute Entry for proceedings held before William M. Skretny, Chief Judge: ExParte Motion Hearing held on 2/10/2015 on Plaintiffs' #2 Motion to Seal, Plaintiffs' #4 Motion for Temporary Restraining Order and Plaintiff's #25 Motion for Expedited Hearing. Court grants #2 Motion to Seal and #4 Motion for TRO and (8) Motion for Expedited Hearing. Orders to issue. A Status Conference/Argument/Hearing on #4 Motion for PI is scheduled for 2/18/2015 at 3:00 PM before William M. Skretny, Chief Judge. For pltfs. - Brian Lansky, Robin Eichen, Karen Dahlberg, James Morrissey. (Court Reporter Jane Kellogg - ECRO - FTR Gold.) (MEAL) Modified on 2/19/2015 (DLC).
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Filing 29
EX PARTE TEMPORARY RESTRAINING ORDER WITH AN ASSET FREEZE, APPOINTMENT OF A RECEIVER, AND OTHER EQUITABLE RELIEF. A Status Conference is scheduled for February 18, 2015 at 3:00 PM before William M. Skretny, Chief Judge. Signed by William M. Skretny, Chief Judge on 2/10/2015. (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C) (MEAL)
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Filing 28
ORDER GRANTING Plaintiffs' #2 Ex Parte Motion to Seal Entire File, including Docket. Signed by William M. Skretny, Chief Judge on 2/10/2015. (MEAL)
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Filing 27
SCHEDULING NOTICE. A Status Conference is scheduled for 2/10/2015 at 2:00 PM before William M. Skretny, Chief Judge. (MEAL)
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Filing 26
MEMORANDUM IN SUPPORT of #25 MOTION for Hearing re #4 MOTION to Appoint Receiver MOTION to Compel MOTION Temporarily Freezing Assets MOTION for Temporary Restraining Order MOTION for Order to Show Cause by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 25
MOTION for Hearing re #4 MOTION to Appoint Receiver MOTION to Compel MOTION Temporarily Freezing Assets MOTION for Temporary Restraining Order MOTION for Order to Show Cause by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 24
Letter from counsel for plaintiff's, for page limit extension dated 2/9/2015, to Judge Skretny. (DLC)
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Filing 23
CONTINUATION OF EXHIBITS (Volume 2 of 2) in support of #4 TRO by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 22
CONTINUATION OF EXHIBITS (Volume 2 of 2) in support of #4 TRO by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 21
CONTINUATION OF EXHIBITS (Volume 2 of 2) in support of #4 TRO by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 20
CONTINUATION OF EXHIBITS (Volume 2 of 2) in support of #4 TRO by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 19
CONTINUATION OF EXHIBITS (Volume 2 of 2) in support of #4 TRO by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 18
CONTINUATION OF EXHIBITS (Volume 2 of 2) in support of #4 TRO by People of the State of New York.. (DLC)
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Filing 17
CONTINUATION OF EXHIBITS (Volume 2 of 2) in support of #4 TRO by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 16
CONTINUATION OF EXHIBITS (Volume 2 of 2) in support of #4 TRO by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 15
CONTINUATION OF EXHIBITS (Volume 2 of 2) in support of #4 TRO by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 14
CONTINUATION OF EXHIBITS (Volume 2 of 2) in support of #4 TRO by Federal Trade Commission, People of the State of New York.. (Attachments: #(1) Continuation, #(2) Continuation of Exhibits.) (DLC)
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Filing 13
CONTINUATION OF EXHIBITS (Volume 2 of 2) in support of #4 TRO by Federal Trade Commission, People of the State of New York. (Attachments: #(1) Index.) (DLC)
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Filing 12
CONTINUATION OF EXHIBITS re #4 TRO by Federal Trade Commission, People of the State of New York. (Attachments: #(1) Continuation, #(2) Continuation of Exhibits, #(3) Continuation of Exhibits.) (DLC)
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Filing 11
CONTINUATION OF EXHIBITS re #4 TRO by Federal Trade Commission, People of the State of New York. (Attachments: #(1) Continuation.) (DLC) Modified on 2/9/2015 (DLC).
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Filing 10
CONTINUATION OF EXHIBITS re #4 TRO by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 9
CONTINUATION OF EXHIBITS re #4 TRO by Federal Trade Commission, People of the State of New York. (Attachments: #(1) Declaration of Syanika Porter-Malloy, #(2) Continuation of the Declaration of Syankika Porter-Malloy.) (DLC) Modified on 2/9/2015 (DLC).
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Filing 8
CONTINUATION OF EXHIBITS re #4 Motion for Temporary Restraining Order by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 7
CERTIFICATION and DECLARATION by coupnsel Robin E. Eichen in support of #4 MOTION for Temporary Restraining Order and MOTION for Order to Show Cause, filed by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 6
RECOMMENDATION for #4 MOTION to Appoint Receiver by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 5
MEMORANDUM IN SUPPORT of #4 MOTION to Appoint Receiver MOTION to Compel MOTION Temporarily Freezing Assets MOTION for Temporary Restraining Order MOTION for Order to Show Cause by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 4
MOTION for Temporary Restraining Order, MOTION to Appoint Receiver, MOTION to Compel defendants' form destroying or concealing documents, and from transferring, concealing, or otherwise disposing of assets; Requiring defendants to identify all assets, MOTION Temporarily Freezing Assets, MOTION for Order to compel defendants' to Show Cause why this Court should not issue a preliminary injunction extending such temporary relief pending an adjudication on the merits by Federal Trade Commission, People of the State of New York. (DLC) (Additional attachment(s) added on 2/9/2015: #1 Declation of Daphne Foreman, #2 Declation of Patricia Lograsso, #3 Declation of Audrey Allison, #4 Declation of Mark Banks, #5 Declation of Kevin Beney, #6 Declation of Dennis Birch, #7 Declation of Jacqueline, #8 Declation of Christine Bowers, #9 Declation of Thomas Cahill, #10 Declation of Kim Calbetzor, #11 Declation of Alex Carlson, #12 Declation of Christopher Carter, #13 Declation of Cheryl Chowdhuri, #14 Declation of Frances Cook, #15 Declation of Maricel Cruzat, #16 Declation of Judy Durflinger, #17 Declation of gregory Eikermann) (DLC). (Additional attachment(s) added on 2/9/2015: #18 Declation of Joseph Gordon, #19 Declation of Trista Hayes, #20 Declation of Anders Homkay, #21 Declaration of Franchatta Howard, #22 Declation of cametta Hytche, #23 Declation of Shiela Kristine Ignacio, #24 Declation of Declaration of Shannon Kelly, #25 Declation of Linda Kent, #26 Declation of Henrietta Mabrey, #27 Declation of Riannon Marshall, #28 Declation of Dan Martino, #29 Declation of Daria Mason, #30 Declation of Angel Mattes, #31 Declation of Christine Mattice) (DLC).
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Filing 3
MEMORANDUM IN SUPPORT of #2 MOTION to Seal Case by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 2
MOTION to Seal Case by Federal Trade Commission, People of the State of New York. (DLC)
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Filing 1
COMPLAINT for permanent injunction and other equitable relief against 4 Star Resolution LLC, Charles Blakely, III, Check Fraud Service, LLC, Check Solutions Services Inc., Fourstar Revenue Management LLC, International Recovery Service LLC, Merchant Recovery Service, Inc., Profile Management, Inc., Maurice Sessum, Travell Thomas, filed by People of the State of New York, Federal Trade Commission. (DLC)
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| Search for this case: Federal Trade Commission et al V. 4 Star Resolution LLC et al | |
|---|---|
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| Defendant: 4 Star Resolution LLC | |
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| Defendant: Check Fraud Service, LLC a Georgia limited liability company formerly known as Check fraud Services, LLC doing business as Check Services doing business as CFS & Associates | |
| Represented By: | Michael A. Benson |
| Represented By: | Linda H. Joseph |
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| Defendant: 4 Star Resolution LLC a Colorado limited liability company doing business as Consumer Recovery Group doing business as Four Star Capital Services agent of Four Star Resolution Services, LLC doing business as FS Mediation Group | |
| Represented By: | Linda H. Joseph |
| Represented By: | Michael A. Benson |
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| Defendant: Profile Management, Inc. | |
| Represented By: | Michael A. Benson |
| Represented By: | Linda H. Joseph |
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| Defendant: International Recovery Service LLC a New York limited liability company doing business as Financial Mediation Group | |
| Represented By: | Michael A. Benson |
| Represented By: | Linda H. Joseph |
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| Defendant: Check Solutions Services Inc. a Colorado corporation doing business as County Check Services | |
| Represented By: | Michael A. Benson |
| Represented By: | Linda H. Joseph |
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| Defendant: Check fraud Services, LLC | |
| Represented By: | Michael A. Benson |
| Represented By: | Linda H. Joseph |
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| Defendant: Merchant Recovery Service, Inc. a North Carolina corporation doing business as Mandatory Arbitration Services doing business as PDL Recovery Services | |
| Represented By: | Brian Melber |
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| Defendant: Fourstar Revenue Management LLC | |
| Represented By: | Michael A. Benson |
| Represented By: | Linda H. Joseph |
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| Defendant: Travell Thomas | |
| Represented By: | Linda H. Joseph |
| Represented By: | Michael A. Benson |
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| Defendant: Maurice Sessum | |
| Represented By: | Justin S. White |
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| Defendant: Charles Blakely, III Individually, and as principal manager, and/or officer of Merchant Recovery Service, Inc. , Defendants, also doing business as PDL Recovery Services doing business as American Asset Management doing business as American Asset Rec | |
| Represented By: | Brian Melber |
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| Plaintiff: Federal Trade Commission | |
| Represented By: | Brian Nathaniel Lasky |
| Represented By: | Karen Anne Dahlberg |
| Represented By: | Robin E. Eichen |
| Represented By: | Karen V. Goff |
| Represented By: | Laura Amber Zuckerwise |
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| Plaintiff: People of the State of New York | |
| Represented By: | Christopher L. Boyd |
| Represented By: | James M. Morrissey |
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| Petitioner: Lashawna Hammond | |
| Represented By: | Cyrus Bahram Chubineh |
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| Counter claimant: International Recovery Service LLC | |
| Represented By: | Michael A. Benson |
| Represented By: | Linda H. Joseph |
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| Counter claimant: Check Solutions Services Inc. | |
| Represented By: | Michael A. Benson |
| Represented By: | Linda H. Joseph |
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| Counter claimant: Check Fraud Service, LLC | |
| Represented By: | Michael A. Benson |
| Represented By: | Linda H. Joseph |
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