Weinstock et al v. TransAmerica Investment Group, Inc. et al
| Catherine Weinstock and Marion Weinstock |
| TransAmerica Investment Group, Inc. doing business as Beyond Constellation USA, Beyond Constellation USA, LLC, TIG GP, LLC, Exbury Investments, LLC, John B Berry, Kelly M Barker, Uncaged Paws, Inc., Barkworks Productions, Inc., Metromagnet Companies, LLC, Dwan Akili Brown and Nick Piccirilli |
| TransAmerica Investment Group, Inc. |
| 4:2021cv04053 |
| December 13, 2021 |
| U.S. District Court for the Southern District of Texas |
| Lynn N Hughes |
| Drew B Tipton |
| Negotiable Instrument |
| None |
Docket Report
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This docket was last retrieved on March 31, 2024. A more recent docket listing may be available from PACER.
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Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 6/12/2023. Plaintiff intends to file motions for default judgment re: Clerk's Entry of Default #17 , #22 . Parties to confer and submit proposed scheduling Order. Appearances: James D Pierce, Robert Christopher Bell.(Digital # 3:02-3:15(ERO:Nelda Garcia), filed.(KelliePapaioannou, 2)
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Filing 74
NOTICE of Setting. Parties notified. Status Conference set for 6/12/2023 at 03:00 PM by video before Judge Drew B Tipton, filed. (KelliePapaioannou, 2)
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Filing 73
REPLY in Support of #67 MOTION for Summary Judgment , filed by John B Berry, Beyond Constellation USA, LLC, Exbury Investments, LLC, TIG GP, LLC, TransAmerica Investment Group, Inc.. (Pierce, James)
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Filing 72
RESPONSE in Opposition to #67 MOTION for Summary Judgment , filed by Catherine Weinstock, Marion Weinstock. (Bell, Robert)
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Filing 71
Order of USCA; Judgment issued as mandate 2/27/23 re: #57 Notice of Appeal, #54 Notice of Appeal ; USCA No. 22-20633. Accordingly, the appeal is DISMISSED for want of jurisdiction, filed.(EdnitaPonce, 1)
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Filing 70
RESPONSE to #28 Answer to Complaint, Counterclaim , filed by Catherine Weinstock, Marion Weinstock. (Bell, Robert)
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Filing 69
NOTICE of Appearance by Chris Bell on behalf of Catherine Weinstock, Marion Weinstock, filed. (Bell, Robert)
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Filing 68
NOTICE of Reassignment to Judge Drew B Tipton, pursuant to General Order No. 2023-3. Deadlines in scheduling orders remain in effect Judge Lynn N Hughes no longer assigned to the case. Parties notified, filed. (DawnaKelly, 4)
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Filing 67
MOTION for Summary Judgment by John B Berry, Beyond Constellation USA, LLC, Exbury Investments, LLC, TIG GP, LLC, TransAmerica Investment Group, Inc., filed. Motion Docket Date 3/3/2023. (Attachments: #1 Affidavit Declaration of John B. Berry)(Pierce, James)
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Filing 66
Order of USCA; Judgment issued as mandate 02/03/2023 re: #57 Notice of Appeal ; USCA No. 22-20624. the appeal is DISMISSED for want jurisdiction, filed.(EfrainGarcia, 1)
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Filing 65
ORDER on Stay Pending Appeal. The Weinstock's motion stay pending appeal is denied #63 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 64
Order of USCA - PER CURIAM - re: #54 Notice of Appeal ; USCA No. 22-20624. The appeal is dismissed for want of jurisdiction, filed.(JenniferLongoria, 1)
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Filing 63
MOTION for Stay of enforcement pending appeal by Catherine Weinstock, filed. Motion Docket Date 1/31/2023. (hlerma, 4)
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Filing 62
ORDER on Pauper Status. Weinstock's motion to proceed on her appeal as a pauper is denied #61 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 61
MOTION for Leave to Appeal in forma pauperis by Catherine Weinstock, filed. Motion Docket Date 1/9/2023. (TerriHanniable, 4)
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Filing 60
ORDER to Move. By 2/10/2023, the defendants may move dispositively. By 3/3/2023, the Weinstocks may respond. By 3/10/2023, the defendants may reply. Internal review set for 3/13/2023. (Signed by Judge Lynn N Hughes) Parties notified. (CrystinaHuerta, 4)
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Filing 59
STATUS REPORT by John B Berry, Beyond Constellation USA, LLC, Exbury Investments, LLC, TIG GP, LLC, TransAmerica Investment Group, Inc., filed.(Pierce, James)
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Filing 58
Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #57 Notice of Appeal. Fee status: Not Paid. Reporter(s): M. Capetillo, filed. (Attachments: #1 Notice of Appeal, #2 DKT13 Form) (SaraCelis, 1)
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Appeal Review Notes re: #57 Notice of Appeal. Fee status: Not Paid. The appeal filing fee has not been paid, and appellant is a pro se litigant.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(SaraCelis, 1)
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Appeal Review Notes re: #54 Notice of Appeal. Fee status: Not Paid. Per the Fifth Circuit, Appeal fee due (SaraCelis, 1)
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Notice of Assignment of USCA No. 22-20624 re: #54 Notice of Appeal, filed.(SaraCelis, 1)
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Filing 57
NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #52 Order by Catherine Weinstock, Marion Weinstock, filed. (RachelWillborg, 4)
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Filing 56
DKT13 TRANSCRIPT ORDER REQUEST by Catherine and Marion Weinstock. This is to order a transcript of Initial Conference on 4/4/22 before Judge Hughes. Court Reporter/Transcriber: Mary Capetillo. This order form relates to the following: #14 Pretrial Conference,, filed. (RachelWillborg, 4)
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Filing 55
Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #54 Notice of Appeal. Fee status: IFP. Reporter(s): M. Capetillo, filed. (Attachments: #1 Notice of Appeal, #2 DKT13 Form) (SaraCelis, 1)
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Appeal Review Notes re: #54 Notice of Appeal. Fee status: Not Paid. The appeal filing fee has not been paid. Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(SaraCelis, 1) Modified on 12/9/2022 (SaraCelis, 1).
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Filing 54
NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #51 Order on Motion for Leave to File by Catherine Weinstock, Marion Weinstock, filed.(JacquelineMata, 4)
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Filing 53
RESPONSE to #49 MOTION to Compel Discovery filed by John B Berry, Beyond Constellation USA, LLC, Exbury Investments, LLC, TransAmerica Investment Group, Inc.. (Pierce, James)
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Filing 52
ORDER on Production. Since the deadline for written discovery has passed,the plaintiffs' motion for production is denied #45 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 51
ORDER on Leave to Amend. The plaintiffs' motion for leave to amend the complaint is denied #44 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 50
DECLARATION of Delivery, filed.(BrendaLacy, 4)
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Filing 49
MOTION to Compel Discovery by Catherine Weinstock, Marion Weinstock, filed. Motion Docket Date 12/14/2022. (BrendaLacy, 4)
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Filing 48
REPLY to Response to #44 MOTION for Leave to File an Amended Complaint, #45 MOTION for Production of Documents, filed by Catherine Weinstock, Marion Weinstock. (DarleneHansen, 4)
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Filing 47
RESPONSE to #45 MOTION for Production of Documents filed by John B Berry. (Pierce, James)
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Filing 46
RESPONSE to #44 MOTION for Leave to File an Amended Complaint filed by John B Berry. (Pierce, James)
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Filing 45
MOTION for Production of Documents and other Tangible Things by Catherine Weinstock, Marion Weinstock, filed. Motion Docket Date 11/1/2022. (JacquelineMata, 4)
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Filing 44
MOTION for Leave to File an Amended Complaint by Catherine Weinstock, Marion Weinstock, filed. Motion Docket Date 11/1/2022. (Attachments: #1 Amended Complaint)(JacquelineMata, 4)
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Filing 43
Discovery ORDER. By 8/26/2022, the parties may serve written discovery. By 12/2/2022, depositions of the people ordered must be completed. By 12/16/2022, the parties must report the status of discovery and the next steps to advance this litigation. Internal review set for 12/19/2022. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 42
RESPONSE to #36 Order , filed by John B Berry, Beyond Constellation USA, LLC, Exbury Investments, LLC, TIG GP, LLC, TransAmerica Investment Group, Inc.. (Pierce, James)
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Filing 41
Joint Report of the Parties by Catherine Weinstock, Marion Weinstock, filed.(JacquelineMata, 4)
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Filing 40
ORDER Denying Reconsideration terminating #37 , #38 , #39 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 39
MOTION/APPLICATION to Proceed In Forma Pauperis by Marion Weinstock, filed. Motion Docket Date 8/8/2022. (ckrus, 4)
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Filing 38
MOTION/APPLICATION to Proceed In Forma Pauperis by Catherine Weinstock, filed. Motion Docket Date 8/8/2022. (ckrus, 4)
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Filing 37
MOTION for Reconsideration of #33 Order, by Catherine Weinstock, Marion Weinstock, filed. Motion Docket Date 8/8/2022. (ckrus, 4)
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Filing 36
ORDER to Report. By 7/29/2022, the parties must jointly report the next steps to advance this litigation. Internal review set for 8/1/2022. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 35
ORDER on Representation. The Weinstocks may proceed pro se #34 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 34
MOTION to Proceed Pro Se, filed. Motion Docket Date 7/28/2022. (jguajardo, 4)
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Filing 33
ORDER on Pauper. Because the Weinstocks' application did not include an affidavit showing their financial need and entitlement to this benefit, the application to proceed as a pauper is denied #32 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 32
MOTION/APPLICATION to Proceed In Forma Pauperis by Catherine Weinstock, filed. Motion Docket Date 7/21/2022. (JosephWells, 4)
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Filing 31
PRO SE NOTICE by Catherine Weinstock, filed. (JosephWells, 4)
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Filing 30
Extension ORDER. By 7/8/2022, the Weinstocks must obtain new counsel #29 . Internal review set for 7/11/2022. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 29
First MOTION for Extension of Time Find Substitute Counsel by Catherine Weinstock, Marion Weinstock, filed. Motion Docket Date 6/16/2022. (Attachments: #1 Proposed Order Extend Time)(Webber, Dustin)
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Filing 28
ANSWER to #1 Complaint, COUNTERCLAIM against Catherine Weinstock, Marion Weinstock by TIG GP, LLC, TransAmerica Investment Group, Inc., Exbury Investments, LLC, John B Berry, Beyond Constellation USA, LLC, filed.(Pierce, James)
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Filing 27
ORDER on Withdrawal. Dustin Webber is fully withdrawn as counsel for the Weinstocks #25 . By 5/13/2022, Webber must notify the court of the contact information for the Weinstocks. By 6/1/2022, the Weinstocks must obtain new counsel. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 26
First SEALED EXHIBITS In Response to Disclosure Order re: #15 Order by Catherine Weinstock, Marion Weinstock, filed. (Attachments: #1 Affidavit Affidavit of Marion Weinstock, #2 Affidavit Affidavit of Catherine Weinstock, #3 Exhibit Exhibits Incorporated in Affidavits) (Webber, Dustin)
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Filing 25
Unopposed MOTION for Dustin Webber to Withdraw as Attorney by Catherine Weinstock, Marion Weinstock, filed. Motion Docket Date 5/18/2022. (Webber, Dustin)
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Filing 24
First RESPONSE to #15 Order for Disclosure, filed by Catherine Weinstock, Marion Weinstock. (Attachments: #1 Affidavit Affidavit of Marion Weinstock, #2 Affidavit Affidavit of Catherine Weinstock)(Webber, Dustin)
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Filing 23
ORDER on Partial Dismissal. The plaintiffs' section 10(b) of the Exchange Act and SEC rule 10b-5 claim against John Berry, Transamerica Investment Group, Beyond Constellation USA, TIG GP, and Exbury Investments is dismissed. The remaining claims subsist #9 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 22
Clerks ENTRY OF DEFAULT against Nick Piccirilli. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 21
ORDER on Default and Service. The clerk will enter default against Nick Piccirilli #20 . By 5/6/2022, the Weinstocks may move for default judgment against Piccirilli as ordered. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 20
First MOTION for Default Judgment against Nick Piccirilli by Marion Weinstock, Catherine Weinstock, filed. Motion Docket Date 4/26/2022. (Attachments: #1 Affidavit Return of Service - Piccirilli, #2 Affidavit Certificate of Service)(Webber, Dustin)
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Filing 19
ORDER on Substituted Service terminating #18 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 18
First MOTION to Substitute Service of Process by Catherine Weinstock, Marion Weinstock, filed. Motion Docket Date 4/26/2022. (Attachments: #1 Exhibit Exhibit 1 - Return of Non-Service, #2 Proposed Order Proposed Order Granting Substitute Service)(Webber, Dustin)
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Filing 17
Clerks ENTRY OF DEFAULT against Kelly M Barker, Uncaged Paws, Inc., and Barkworks Productions, Inc. Parties notified. (ghassan, 4)
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Filing 16
ORDER on Default and Service. The motion for default against John Berry, TransAmerican Investment Group, Beyond Constellation USA, TIG GP, and Exbury Investments is denied #8 . The clerk will enter default against Kelly Barker, Uncaged Paws, and Barkworks Productions. By 4/29/2022, the Weinstocks may move for default judgment as ordered. If the Weinstocks continue to have difficulty serving Dwan Brown and Nick Piccirilli, they may move for substitute service. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 15
Disclosure ORDER. By 4/29/2022, Catherine and Marion Weinstock must give all records and documents that they have related to the investments and loans. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 14
Minute Entry for INITIAL CONFERENCE held before Judge Lynn N Hughes on 4/4/2022. Motion for default judgment and dismissal #8 , #9 were taken under advisement. Order to be entered. Internal review set for 5/2/2022. Appearances: Dustin Webber, James Pierce, no appearance on behalf of defendants listed. (Court Reporter: M. Capetillo) (ghassan, 4)
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Filing 13
First INITIAL DISCLOSURES by Catherine Weinstock, Marion Weinstock, filed. (Attachments: #1 Unredacted attachment Certificate of Service)(Webber, Dustin)
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Filing 12
REPLY in Support of #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by John B Berry, Beyond Constellation USA, LLC, Exbury Investments, LLC, TIG GP, LLC, TransAmerica Investment Group, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Pierce, James)
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Filing 11
RESPONSE to #8 Ex Parte MOTION for Entry of Default against Kelly M Barker, Barkworks Productions, Inc., John B Berry, Beyond Constellation USA, LLC, Exbury Investments, LLC, Metromagnet Companies, LLC, TIG GP, LLC, TransAmerica Investment Group, Inc., Uncaged Paws, filed by John B Berry, Beyond Constellation USA, LLC, Exbury Investments, LLC, TIG GP, LLC, TransAmerica Investment Group, Inc.. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Exhibit "A", #3 Exhibit Exhibit "B")(Pierce, James)
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Filing 10
First RESPONSE in Opposition to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Catherine Weinstock, Marion Weinstock. (Attachments: #1 Certificate of Service)(Webber, Dustin)
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Filing 9
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John B Berry, Beyond Constellation USA, LLC, Exbury Investments, LLC, TIG GP, LLC, TransAmerica Investment Group, Inc., filed. Motion Docket Date 3/23/2022. (Pierce, James)
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Filing 8
Ex Parte MOTION for Entry of Default against Kelly M Barker, Barkworks Productions, Inc., John B Berry, Beyond Constellation USA, LLC, Exbury Investments, LLC, Metromagnet Companies, LLC, TIG GP, LLC, TransAmerica Investment Group, Inc., Uncaged Paws, Inc. by Marion Weinstock, Catherine Weinstock, filed. Motion Docket Date 3/23/2022. (Attachments: #1 Exhibit USPS Service Cards, #2 Errata Certificate of Service)(Webber, Dustin) (Attachment 1 replaced on 3/2/2022) (ghassan, 4).
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Filing 7
CERTIFICATE OF SERVICE of #5 Summons Issued/Not Issued, #3 Summons Issued/Not Issued, #2 Summons - Request for Issuance,, #4 Summons - Request for Issuance by Catherine Weinstock, Marion Weinstock, filed. (Attachments: #1 Exhibit PS 3811 Green Cards)(Webber, Dustin) (Attachment 1 replaced on 3/2/2022) (ghassan, 4).
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Filing 6
ORDER FOR CONFERENCE. Initial Conference set for 4/4/2022 at 11:00 AM in Room 11122 before Judge Lynn N Hughes (Signed by Judge Lynn N Hughes) Parties notified.(RachelSalazaradi, 4)
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Filing 5
Summons Issued as to Barkworks Productions, Inc., Metromagnet Companies, LLC, Uncaged Paws, Inc.. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summons, #2 Summons)(BrandisIsom, 4)
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Filing 4
Request for Issuance of Summons as to Barkworks Productions, Inc., Metromagnet Companies, LLC, Uncaged Paws, Inc., filed. (Attachments: #1 Errata Amended Summons - Barkworks, #2 Amended Summons - Uncaged)(Webber, Dustin)
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Filing 3
Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons)(BrandisIsom, 4)
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Filing 2
Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Complaint Summons - Beyond Constellation USA, LLC, #2 Complaint Summons - TIG GP, LLC, #3 Complaint Summons - Exbury Investments, LLC, #4 Complaint Summons - John B. Berry, #5 Complaint Summons - Kelly M. Barker, #6 Complaint Summon - Uncaged Paws, Inc., #7 Complaint Summons - Barkworks Productions, Inc., #8 Complaint Summons - Metromagnet Companies, LLC, #9 Complaint Summons - Dwan Akili Brown, #10 Complaint Summons - Nick Piccirilli)(Webber, Dustin)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-27463860) filed by Marion Weinstock, Catherine Weinstock. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibits 1-8)(Webber, Dustin)
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