Federal Trade Commission et al v. Campbell Capital LLC et al
| Federal Trade Commission and People of the State of New York |
| J & V Receivables LLC, Urban, Heidenreich, Melendez, and Associates, LLC, Campbell Capital LLC, Rich Financial LLC, BCH & Associates LTD., Kahl, Heidenreich, and Nemmer LLC and Robert Heidenreich |
| 1:2018cv01163 |
| October 23, 2018 |
| US District Court for the Western District of New York |
| Michael J Roemer |
| Lawrence J Vilardo |
| Other Statutory Actions |
| 15 U.S.C. § 0045 |
| None |
Docket Report
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This docket was last retrieved on December 14, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 Minute Entry for proceedings held before Hon. Michael J. Roemer. Appearances: Karen Dahlberg O'Connell, Esq. on behalf of pltf FTC; AAG Christopher L. Boyd on behalf of pltf People of the State of NY; Frank L. LoTempio, III, Esq. on behalf of deft Robert Heidenreich, individually.Status Conference held on 12/14/2018. Court directed any motions for default and any Answers to be filed by 1/4/2019. Parties to confer regarding case management deadlines. Further Status Conference set for 2/11/2019 10:00 AM before Hon. Michael J. Roemer where a case management order shall be put in place. (Court Reporter FTR Gold.) (RAZ) |
| Filing 36 NOTICE of Appearance by Frank L. LoTempio, III on behalf of Robert Heidenreich (LoTempio, Frank) |
| 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) |
| SCHEDULING NOTICE. Status Conference set for 12/14/2018 12:00 PM before Hon. Michael J. Roemer. (RAZ) |
| Filing 35 PRELIMINARY INJUNCTION. Signed by Hon. Lawrence J. Vilardo on 12/04/2018. The case is referred back to Judge Roemer consistent with the referral order of October 23, 2018, Docket Item 11. SO ORDERED. (Attachments: #1 Attachment A1, #2 Attachment A2, #3 Attachment B, #4 Attachment C, #5 Attachment D)(LCH) |
| Filing 34 Letter filed by Hodgson Russ LLP as to Campbell Capital LLC, J & V Receivables LLC, Urban, Heidenreich, Melendez, and Associates, LLC, Rich Financial LLC, Robert Heidenreich, Kahl, Heidenreich, and Nemmer LLC, BCH & Associates LTD. . (Thoman, James) |
| Filing 33 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 11/30/2018. No appearance by corporate defendants. Court reviewed, on the record, the modifications it made to Receiver Thoman's Order for Payment of Wages. Receiver Thoman also made an oral application and handed up a Stipulated Order to Abandon the Defendant's Leased premises which was signed by the Court. Court noted that if defendants do not respond to Plaintiff's motion for preliminary injunction by today's deadline, the Court will issue a preliminary injunction and will refer the matter back to Magistrate Judge Roemer. Appearances. For FTC plaintiff: Christopher Y. Miller and Karen Dahlberg O'Connell (by teleconference). For plaintiff People of NYS: AAG Christopher Boyd. For defendant Robert Heidenreich: Frank Lotempio, III. Defendant present. Also present, Receiver James C. Thoman. (Court Reporter Ann M. Sawyer.) (CMD) |
Filing 32
ORDER AUTHORIZING THE RECEIVER TO PAY PRE-RECEIVERSHIP PAYROLL EXPENSES. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 11/30/2018. (LCH)
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| Filing 31 STIPULATED ORDER TO ABANDON THE DEFENDANTS' LEASED PREMISES. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 11/30/2018. (LCH) |
| E-Filing Notification: Document #30 contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. (SG) |
| Filing 30 RESPONSE in Support re #2 MOTION for Temporary Restraining Order (Proposed Preliminary Injunction Order) filed by Federal Trade Commission. (Dahlberg, Karen) |
| Filing 29 CERTIFICATE OF SERVICE by People of the State of New York re 26 Status Conference,,,, Set Hearings,,,, Set Deadlines,,, (Attachments: #1 Affidavit Affidavit of Service)(Boyd, Christopher) |
| Filing 28 TEXT ORDER extending duration of #17 TRO for a period of 14 days pursuant to Federal Rule of Civil Procedure 65. Good cause for extension set forth during November 16, 2018 status conference. TRO now expires on Tuesday December 4, 2018 at 4:00 P.M. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 11/20/2018 at 4:00 P.M. (LCH) |
| Filing 27 Letter filed by Hodgson Russ LLP as to Campbell Capital LLC, J & V Receivables LLC, Urban, Heidenreich, Melendez, and Associates, LLC, Rich Financial LLC, Robert Heidenreich, Kahl, Heidenreich, and Nemmer LLC, BCH & Associates LTD. . (Thoman, James) |
| Filing 26 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 11/16/2018. Defendants' response to plaintiff's motion for preliminary injunction is due by 11/30/2018. Plaintiff to provide corporate defendants with notice of deadline by 11/19/2018 along with a proposed preliminary injunction order. Parties discussed basis for extending TRO deadline expiring 11/20/2018. A further Status Conference is set for 11/30/2018 at 10:00 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. Receiver Thoman made an oral application to pay wages to employees. Parties do not object. Court granted request. Receiver Thoman will provide proposed order to Court. Appearances. For FTC plaintiff: Karen Dahlberg O'Connell. For plaintiff People of NYS: AAG Christopher Boyd. For defendant Robert Heidenreich: Frank Lotempio. Also present, Receiver James C. Thoman. (Court Reporter Ann M. Sawyer.) (CMD) |
| Filing 24 NOTICE of Appearance by James C. Thoman on behalf of Hodgson Russ LLP (Thoman, James) |
| Filing 23 TEXT ORDER extending duration of #17 TRO for a period of 14 days pursuant to Federal Rule of Civil Procedure 65. Good cause for extension set forth during November 2, 2018 status conference. TRO now expires on Tuesday November 20, 2018 at 4:30 P.M. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 11/06/2018 at 4:30 P.M. (LCH) |
| Filing 25 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 11/2/2018. Attorney Runfola to file a notice of appearance for individual defendant Robert Heidenreich. Parties consent to extend time for TRO and a text order will be issued on 11/6/2018 extending TRO for 14 days. Corporate defendants have not appeared on case. A further Status Conference set for 11/16/2018 at 10:30 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. Appearances. For plaintiff FTC: Christopher Yates Miller and Karen Dahlberg O'Connell (by teleconference). For plaintiff People of NYS: AAG Christopher Boyd, For defendant Robert Heidenreich: Jennifer A. Runfola. Defendant present. Also present, James C. Thoman, Receiver. (Court Reporter Ann M. Sawyer.) (CMD) |
| Filing 22 SUMMONS Returned Executed by Federal Trade Commission. (Dahlberg, Karen) |
| Filing 21 SUMMONS Returned Executed by Federal Trade Commission. BCH & Associates LTD. served on 10/31/2018, answer due 11/21/2018. (Dahlberg, Karen) |
| Filing 20 SUMMONS Returned Executed by Federal Trade Commission. All Defendants. (Dahlberg, Karen) |
| Filing 19 NOTICE by People of the State of New York that the #17 Temporary Restraining Order has been served on defendants. (SG) |
| Filing 18 DECLARATION Regarding Procurement of Receiver's Bond filed by James Thoman. (SG) |
| Set/Reset Hearings: Status Conference set for 11/2/2018 at 3:00 PM before Hon. Lawrence J. Vilardo. (CMD) |
| Filing 17 TEMPORARY RESTRAINING ORDER. Signed by Hon. Lawrence J. Vilardo on 10/25/2018. (Attachments: #1 Attachment A1, #2 Attachment A2, #3 Attachment B, #4 Attachment C, #5 Attachment D). (LCH) |
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Filing 16
ORDER granting #2 Motion for TRO on terms set forth in the Court's ex parte temporary restraining order; denying #9 Motion to Expedite as moot; and adopting #14 Report and Recommendations. Status Conference Scheduled for November 2, 2018 at 3:00PM. IT IS SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 10/25/2018. (LCH)
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| Filing 15 TEXT ORDER granting #5 Motion for Leave to File Excess Pages.SO ORDERED. Issued by Hon. Michael J. Roemer on 10/24/2018. (GAI) |
| Filing 14 REPORT AND RECOMMENDATIONS RE: #2 MOTION for Temporary Restraining Order filed by Federal Trade Commission, People of the State of New York; and #9 MOTION to Expedite filed by Federal Trade Commission, People of the State of New York.Signed by Hon. Michael J. Roemer on 10/24/2018. (GAI) |
| Filing 13 TEXT ORDER granting #7 Motion to Seal Case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/24/2018 (nunc pro tunc 10/23/2018). (CMD) |
| Filing 12 Minute Entry for proceedings held before Hon. Michael J. Roemer: Pretrial Conference held on 10/23/2018. Appearances: Pltf: Christopher Miller, Esq., Karen Dahlberg O'Donnell, Esq., Christopher Boyd, Assistant NYSAG (Court Reporter FTR Gold.) (SDW) |
| Filing 11 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), 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 also 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). 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 Hon. Lawrence J. Vilardo on 10/23/2018. (CMD) |
| Filing 10 NOTICE - Plaintiffs' Recommendation for a Temporary Receiver by Federal Trade Commission, People of the State of New York (Attachments: #1 Attachments)(KLH) |
| Filing 9 MOTION for Expedited Hearing by Federal Trade Commission, People of the State of New York.(KLH) (Additional attachment(s) added on 10/23/2018: #1 Proposed Order) (KLH). |
| Filing 8 MEMORANDUM in Support of #7 MOTION to Seal Case filed by Federal Trade Commission, People of the State of New York. (KLH) |
| Filing 7 MOTION to Seal Case by Federal Trade Commission, People of the State of New York.(KLH) |
| Filing 6 DECLARATIONS in Support of #2 MOTION for Temporary Restraining Order filed by Federal Trade Commission, People of the State of New York filed by Federal Trade Commission, People of the State of New York. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Declaration, #8 Declaration, #9 Declaration, #10 Declaration, #11 Declaration, #12 Declaration, #13 Declaration, #14 Declaration, #15 Declaration, #16 Declaration, #17 Declaration, #18 Declaration, #19 Declaration, #20 Declaration, #21 Declaration, #22 Declaration)(KLH) |
| Filing 5 MOTION for Leave to File Excess Pages by Federal Trade Commission.(KLH) |
| Filing 4 DECLARATION signed by Karen Dahlberg O'Connell regarding #2 MOTION for Temporary Restraining Order filed by Federal Trade Commission filed by Federal Trade Commission. (KLH) |
| Filing 3 MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order filed by Federal Trade Commission, People of the State of New York. (KLH) |
| Filing 2 MOTION for Temporary Restraining Order by Federal Trade Commission, People of the State of New York.(KLH) (Additional attachment(s) added on 10/23/2018: #1 Proposed Order, #3 Attachment A1, #4 Attachment A2, #5 Attachment B, #6 Attachment C, #7 Attachment D) (KLH). |
| Filing 1 COMPLAINT for Permanent Injunction and Other Equitable Relief against BCH & Associates LTD., Campbell Capital LLC, Robert Heidenreich, J & V Receivables LLC, Kahl, Heidenreich, and Nemmer LLC, Rich Financial LLC, Urban, Heidenreich, Melendez, and Associates, LLC, filed by Federal Trade Commission, People of the State of New York.(KLH) (Additional attachment(s) added on 10/23/2018: #1 Civil Cover Sheet, #2 Supplement) (KLH). |
| Summons Issued as to BCH & Associates LTD., Campbell Capital LLC, Robert Heidenreich, J & V Receivables LLC, Kahl, Heidenreich, and Nemmer LLC, Rich Financial LLC, Urban, Heidenreich, Melendez, and Associates, LLC. (KLH) |
| NOTICE of MANUAL FILING by Federal Trade Commission, People of the State of New York regarding #2 Motion for TRO. Audio Files included and referenced in #6 Declarations are maintained in the Clerk's Office file. (KLH) |
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