Stanley S. and Millicent R. Barasch Living Trust v. GPB Capital Holdings, LLC et al
| Millicent R. Barasch, The Stanley S. and Millicent R. Barasch Living Trust and Loretta DeHay |
| Doe Auditors 1 through 10, Axiom Capital Management, Inc., Scott Naugle, Phoenix American Financial Services, Inc., Crowe Global, Robert Kessler, CKFG Holding LLC, Diana Chernaya, GPB NYC Development, LP, GPB Waste Management Fund, LP, Mark D. Martino, Eisneramper LLP, DJ Partners LLC, David Gentile, Jeffry Schneider, Gentile Pismeny & Brengel, LLP, McAnna, LP, Minchung Kgil, Michael Cohn, Mr. Ranger, LLC, Abhaya Shrestha, GPB Holdings II, LP, Crowe, LLP, Manuel Frederico Vianna, GPB Capital Holdings, LLC, Steven Frangioni, Michael Frost, Ascendant Capital, LLC, Rina Chernaya, William Jacoby, GPB Holdings Qualified, LP, Evan Myrianthopoulos, Ascendant Alternative Strategies, LLC, Dotty J. Bollinger, RSM US LLP, GPB Cold Storage, LP, GPB Holdings III, LP, Gerald Francese, GPB Automotive Portfolio, LP, GP Holdings, LP, McGladrey LLP, Highline Management, Inc., CKGF Holding LLC, GPB Managed IT Fund, Austin Lake Technologies, LLC, MR Ranger, LLC and GPB Holdings, LP |
| Kinnie Ma Individual Retirement Account, individually and on behalf of all others similarly situated,, Jeffery S. Gramm Individual Retirement Account, Corri Rene Eden, Catherine Kominos, Robert A. Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Stacy Greasor Individual Retirement Account, Dean Crooks, Shirley Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Karen Loch and Victor Wade Individual Retirement Account |
| 1:2019cv01079 |
| November 6, 2019 |
| US District Court for the Western District of Texas |
| Robert Pitman |
| Lee Yeakel |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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| Filing 375 DEFICIENCY NOTICE: re #374 MOTION to Withdraw as Attorney for Jacob Fields (jv2) |
| Filing 374 MOTION to Withdraw as Attorney for Jacob Fields by Austin Lake Technologies, LLC, Michael Frost. (Attachments: #1 Proposed Order)(Whittlesey, David) |
| Case reassigned to Judge Robert Pitman. Judge Lee Yeakel no longer assigned to the case. Pursuant to an order 1115 rendered in 1:19-CV-1050 reassigning the case to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (so) |
Filing 373
ORDER Consolidating civil Cases. (Nothing else is to be docketed in the member case - only in the lead case) Signed by Judge Lee Yeakel. (cc3) Modified on 6/1/2022 to correct docket text (so).
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| Remark: All future pleadings should be filed in [1:19-CV-1050-LY] PLEASE do not file any further pleadings in this case. (cc3) |
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Filing 372
ORDER GRANTING #371 Defendant EisnerAmper LLP's Motion to Withdraw Daniel Cohen as Attorney. Signed by Judge Lee Yeakel. (jv2) Modified on 3/25/2022 (jv2).
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| Filing 371 MOTION to Withdraw as Attorney by EisnerAmper LLP. (Attachments: #1 Proposed Order)(Cohen, Daniel) |
| Filing 370 NOTICE of Voluntary Dismissal by Loretta DeHay, The Stanley S. and Millicent R. Barasch Living Trust (Boyle, Michael) |
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Filing 369
ORDER GRANTING #366 Motion for Leave to File Notice of Dismissal ofMinchung Kgil Signed by Judge Lee Yeakel. (cc3)
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| Filing 368 ATTACHMENT [Proposed Order] to #366 MOTION for Leave to File Notice of Dismissal of Minchung Kgil by Loretta DeHay, The Stanley S. and Millicent R. Barasch Living Trust. (Boyle, Michael) |
| Filing 367 DEFICIENCY NOTICE: re #366 MOTION for Leave to File Notice of Dismissal of Minchung Kgil (cc3) |
| Filing 366 MOTION for Leave to File Notice of Dismissal of Minchung Kgil by Loretta DeHay, The Stanley S. and Millicent R. Barasch Living Trust. (Attachments: #1 Exhibit A--Notice of Dismissal of Minchung Kgil)(Boyle, Michael) |
| Filing 365 ATTACHMENT Proposed Order to #359 MOTION to Join Joinder in the GPB Defendants' and Auditor Defendants' Motions to Stay by Phoenix American Financial Services, Inc.. (Ashby, Danny) |
| Filing 364 ATTACHMENT Proposed Order to #356 MOTION to Join Motions to Extend Stay by Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Dotty J. Bollinger, DJ Partners LLC, MR Ranger, LLC, Mark D. Martino. (Battaglini, Kim) |
| Filing 363 ATTACHMENT Proposed Order to #358 MOTION to Stay Case to Extend the Stay of Proceedings Pending Criminal Case by David Gentile, Jeffry Schneider. (Murphy, Garland) |
| Filing 362 BRIEF in Support of Stay by Axiom Capital Management, Inc.. (Stokes, Peter) |
| Filing 361 Proposed Order by David Gentile, Jeffry Schneider re #358 MOTION to Stay Case to Extend the Stay of Proceedings Pending Criminal Case (Murphy, Garland) Modified on 10/22/2021 (cc3). |
| Filing 360 Notice of Joinder to #354 the GPB Defendants' Motion to Stay by Austin Lake Technologies, LLC, Michael Frost. (Fields, Jacob) Modified on 12/6/2021 (cc3). |
| Filing 359 Notice of Joinder to #354 Joinder in the GPB Defendants' and Auditor Defendants' Motions to Stay by Phoenix American Financial Services, Inc.(Ashby, Danny) Modified on 12/6/2021 (cc3). |
| Filing 358 MOTION to Stay Case to Extend the Stay of Proceedings Pending Criminal Case by David Gentile, Jeffry Schneider. (Attachments: #1 Exhibit A, #2 Exhibit B)(Murphy, Garland) |
| Filing 357 BRIEF "Plaintiffs' Memorandum Regarding A Continued Stay" by Millicent R. Barasch. (DeJong, Timothy) |
| Filing 356 Notice of Joinder to #354 Motions to Extend Stay by Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Dotty J. Bollinger, DJ Partners LLC, MR Ranger, LLC, Mark D. Martino. (Battaglini, Kim) Modified on 12/6/2021 (cc3). |
| Filing 355 BRIEF in Support of Stay by Steven Frangioni, Evan Myrianthopoulos. (Pierce, Ryan) |
| Filing 354 BRIEF In Support of Stay by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB Holdings, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP. (Attachments: #1 Affidavit Declaration of Steven M. Kaplan, #2 Exhibit A - Indictment, #3 Exhibit B - Lipman Order, #4 Exhibit C - Stipulations and Orders to Stay)(Kaplan, Steven) |
| Filing 353 Memorandum in Support Naugle - Memo Regarding Staying the Case by Scott Naugle. (Marin, Michael) |
| Filing 352 BRIEF Supporting a Complete Stay by Crowe, LLP, EisnerAmper LLP, RSM US LLP. (Hoover, Kathryn) |
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Filing 350
ORDER GRANTING #348 Motion to Withdraw Attorney Laura Maria Gonzalez Signed by Judge Lee Yeakel. (cc3)
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Filing 351
ORDER GRANTING #349 Motion to Appear Pro Hac Vice as to Alexandra Zoe Bunnell. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (cc3)
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| Filing 349 MOTION to Appear Pro Hac Vice by Garland Murphy Alexandra Zoe Bunnell ( Filing fee $ 100 receipt number 0542-15339293) by on behalf of David Gentile. (Attachments: #1 Appendix, #2 Proposed Order)(Murphy, Garland) |
| Filing 348 MOTION to Withdraw as Attorney Laura Maria Gonzalez by David Gentile. (Attachments: #1 Proposed Order)(Murphy, Garland) |
| Filing 347 BRIEF "Plaintiffs' Memorandum Regarding Consolidation" by Millicent R. Barasch. (DeJong, Timothy) |
| Filing 346 BRIEF in Opposition to Consolidation of the Kinnie Ma and Barasch Putative Class Actions by Millicent R. Barasch, Dean Crooks, Loretta DeHay, Jeffery S. Gramm Individual Retirement Account, Kinnie Ma Individual Retirement Account, individually and on behalf of all others similarly situated,, Catherine Kominos, Karen Loch, Corri Rene Eden, Robert A. Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Shirley Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Stacy Greasor Individual Retirement Account, The Stanley S. and Millicent R. Barasch Living Trust, Victor Wade Individual Retirement Account. (Attachments: #1 Declaration of Richard L. Stone, #2 Exhibit A - excerpts from the Barasch Plaintiffs' Opposition To The Amended Motion To Consolidate Class Actions, Appoint Class Counsel, And For Associated Relief filed by Barasch with this Court on July 27, 2020 in the captioned Ma action as Dkt. 542., #3 Exhibit B - excerpts from the court transcript of the Court conference held before this Court on September 23, 2021., #4 Exhibit C - copy of the Barasch counsels press release of June 30, 2020., #5 Exhibit D - copy of a press release issued by Barasch counsel Peiffer Wolf on or about February 9, 2021)(Weiss, Jesse) |
| Filing 345 Transcript filed of Proceedings held on September 23, 2021, Proceedings Transcribed: Video Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/21/2021, Redacted Transcript Deadline set for 11/1/2021, Release of Transcript Restriction set for 12/29/2021, (alr) |
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Filing 344
ORDER re: filing of pleadings. Signed by Judge Lee Yeakel. (cc3)
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| Filing 343 Minute Entry for proceedings held before Judge Lee Yeakel: Miscellaneous/Electronic Hearing held on 9/23/2021. Written order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(cc3) |
| Filing 342 DEFICIENCY NOTICE: re #341 MOTION for Reconsideration re #334 Order on Motion to Dismiss (Motion for Partial Reconsideration of the Motion to Dismiss Order, or Alternatively An Order Permitting Interlocutory Appeal) (cc3) |
| Filing 341 MOTION for Reconsideration re #334 Order on Motion to Dismiss (Motion for Partial Reconsideration of the Motion to Dismiss Order, or Alternatively An Order Permitting Interlocutory Appeal) by EisnerAmper LLP. (Braun, Bruce) |
| Filing 340 NOTICE of Attorney Appearance by Garland Murphy on behalf of David Gentile. Attorney Garland Murphy added to party David Gentile(pty:dft) (Murphy, Garland) |
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Filing 339
ORDER STAYING CASE AND SETTING ELECTRONIC CONFERENCE for 9/23/2021 at 10:00 AM Via Zoom before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (cc3)
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Filing 338
ORDER DENYING #317 Kgil's Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 337
ORDER DENYING #277 Axiom's Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 336
ORDER DENYING #276 Moving Defendants' Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 335
ORDER DENYING #275 Phoenix's Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 334
ORDER DENYING #274 EisnerAmper's Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 333
ORDER DENYING #273 Frangioni's Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 332
ORDER DENYING #272 Myrianthopoulos' Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 331
ORDER DENYING #270 Gentile's Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 330
ORDER DENYING #269 Moving Defendant's Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 329
ORDER DENYING #268 Frost's Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 328
ORDER DENYING #267 Naugle's Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 327
ORDER DENYING #266 Moving Defendants' Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 326
ORDER DENYING #265 Moving Defendants' Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 325
ORDER DENYING #264 Moving Defendants' Motion to Dismiss and #271 Notice of Joinder in GPB. Signed by Judge Lee Yeakel. (cc3)
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Filing 324
ORDER DENYING #263 Gentile Brengel's Motion to Dismiss. Signed by Judge Lee Yeakel. (cc3)
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Filing 323
ORDER GRANTING #321 Motion to Withdraw Attorney as to Chris L. Gilbert. Signed by Judge Lee Yeakel. (cc3)
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| Filing 322 REPLY to Response to Motion, filed by Minchung Kgil, re #317 MOTION to Dismiss filed by Defendant Minchung Kgil (Harle, Paul) |
| Filing 321 Unopposed MOTION to Withdraw as Attorney by David Gentile. (Attachments: #1 Proposed Order)(Gilbert, Chris) |
| Filing 320 Memorandum in Opposition to Motion, filed by Loretta DeHay, The Stanley S. and Millicent R. Barasch Living Trust, re #317 MOTION to Dismiss filed by Defendant Minchung Kgil (Boyle, Michael) |
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Filing 319
ORDER GRANTING #318 Motion to Appear Pro Hac Vice as to Joseph A. Ciucci. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (cc3)
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| Filing 318 MOTION to Appear Pro Hac Vice by Paul T. Harle for Joseph A. Ciucci ( Filing fee $ 100 receipt number 0542-14825546) by on behalf of Minchung Kgil. (Attachments: #1 Proposed Order)(Harle, Paul) |
| Filing 317 MOTION to Dismiss Plaintiffs' Third Amended Complaint by Minchung Kgil. (cc3) |
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Filing 316
ORDER GRANTING #312 Motion for Leave to File her Motion to Dismiss Plainttffs' Third Amended Complaint. Signed by Judge Lee Yeakel. (cc3)
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Filing 315
ORDER GRANTING #311 Unopposed Consent/Joint Motion to Set Aside Clerk'sEntry of Default against Defendant Minchung Kgil. Signed by Judge Lee Yeakel. (cc3)
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Filing 314
ORDER GRANTING #313 Motion to Appear Pro Hac Vice as to James J. Regan. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (cc3)
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| Filing 313 MOTION to Appear Pro Hac Vice by Paul T. Harle for James J. Regan ( Filing fee $ 100 receipt number 0542-14812996) by on behalf of Minchung Kgil. (Attachments: #1 Proposed Order)(Harle, Paul) |
| Filing 312 MOTION for Leave to File Defendant Minchung Kgil's Motion to Dismiss Plaintiffs' Third Amended Complaint by Minchung Kgil. (Attachments: #1 Exhibit A - Motion to Dismiss, #2 Proposed Order)(Harle, Paul) |
| Filing 311 Unopposed MOTION to Set Aside #236 Clerk's Entry of Default Against Defendant Minchung Kgil by Minchung Kgil. (Attachments: #1 Proposed Order)(Harle, Paul) |
| Filing 310 NOTICE of Attorney Appearance by Paul T. Harle on behalf of Minchung Kgil. Attorney Paul T. Harle added to party Minchung Kgil(pty:dft) (Harle, Paul) |
| Filing 309 NOTICE of Change of Address by Kevin M. McDonough (McDonough, Kevin) |
| Filing 308 NOTICE of Change of Address by Dennis Mai (Mai, Dennis) |
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Filing 307
ORDER GRANTING #290 Motion to Appear Pro Hac Vice as to Jordan D. Cook. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (cc3)
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| Filing 306 REPLY to Response to Motion, filed by Gentile Pismeny & Brengel, LLP, re #263 MOTION to Dismiss Third Amended Complaint Pursuant to Federal Rules Of Civil Procedure 12(b)(2), 12(b)(3), 12(b)(6), and the Doctrine Of Forum Non Conveniens filed by Defendant Gentile Pismeny & Brengel, LLP (Johnson, Michael) |
| Filing 305 REPLY to Response to Motion, filed by Axiom Capital Management, Inc., re #277 MOTION to Dismiss filed by Defendant Axiom Capital Management, Inc. (Stokes, Peter) |
| Filing 304 REPLY to Response to Motion, filed by Crowe, LLP, RSM US LLP, re #276 Joint MOTION to Dismiss Plaintiffs' Third Amended Complaint for Failure to State a Claim Pursuant to FRCP 12(b)(6) and 9(b) filed by Defendant RSM US LLP, Defendant Crowe, LLP (Hoover, Kathryn) |
| Filing 303 REPLY to Response to Motion, filed by David Gentile, re #270 MOTION to Dismiss Third Amended Complaint filed by Defendant David Gentile (Gilbert, Chris) |
| Filing 302 REPLY to Response to Motion, filed by EisnerAmper LLP, re #274 MOTION to Dismiss The Third Amended Complaint Under Rule 12(b)(2), Rule 12(b)(6), and the Doctrine of Forum Non Conveniens filed by Defendant EisnerAmper LLP (Braun, Bruce) |
| Filing 301 RESPONSE in Support, filed by Scott Naugle, re #267 MOTION to Dismiss Third Amended Complaint pursuant to Rule 12(b)(2) and 12(b)(6) filed by Defendant Scott Naugle (Marin, Michael) |
| Filing 300 REPLY to Response to Motion, filed by Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Dotty J. Bollinger, DJ Partners LLC, MR Ranger, LLC, Mark D. Martino, Jeffry Schneider, re #269 MOTION to Dismiss filed by Defendant Jeffry Schneider, Defendant Mark D. Martino, Defendant Ascendant Alternative Strategies, LLC, Defendant MR Ranger, LLC, Defendant Dotty J. Bollinger, Defendant DJ Partners LLC, Defendant Ascendant Capital, LLC (Battaglini, Kim) |
| Filing 299 REPLY to Response to Motion, filed by Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Dotty J. Bollinger, DJ Partners LLC, MR Ranger, LLC, Mark D. Martino, Jeffry Schneider, re #269 MOTION to Dismiss filed by Defendant Jeffry Schneider, Defendant Mark D. Martino, Defendant Ascendant Alternative Strategies, LLC, Defendant MR Ranger, LLC, Defendant Dotty J. Bollinger, Defendant DJ Partners LLC, Defendant Ascendant Capital, LLC (Battaglini, Kim) |
| Filing 298 REPLY to Response to Motion, filed by Michael Frost, re #268 MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Defendant Michael Frost (Whittlesey, David) |
| Filing 297 REPLY to Response to Motion, filed by Steven Frangioni, re #273 MOTION to Dismiss Third Amended Complaint Pursuant to FRCP 12(b)(2) and FRCP 12(b)(6) filed by Defendant Steven Frangioni (Pierce, Ryan) |
| Filing 296 REPLY to Response to Motion, filed by Evan Myrianthopoulos, re #272 MOTION to Dismiss Third Amended Complaint Pursuant to FRCP 12(b)(2) and FRCP 12(b)(6) filed by Defendant Evan Myrianthopoulos (Pierce, Ryan) |
| Filing 295 REPLY to Response to Motion, filed by Phoenix American Financial Services, Inc., re #275 MOTION to Dismiss Pursuant to Rules 12(b)(1)-(b)(3), Rule 12(b)(6) and Rule 9(b) filed by Defendant Phoenix American Financial Services, Inc. (Reply to Oppositions at ECF 284, 285, 286 and 287) (Ashby, Danny) |
| Filing 294 REPLY to Response to Motion, filed by Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Axiom Capital Management, Inc., Dotty J. Bollinger, CKGF Holding LLC, Rina Chernaya, Crowe, LLP, DJ Partners LLC, Gerald Francese, Steven Frangioni, Michael Frost, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB Holdings, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP, David Gentile, Highline Management, Inc., Robert Kessler, MR Ranger, LLC, Mark D. Martino, McAnna, LP, Evan Myrianthopoulos, Scott Naugle, RSM US LLP, Jeffry Schneider, re #265 Joint MOTION to Dismiss Third Amended Complaint Based on the Doctrine of Forum Non Conveniens and Pursuant to Rule 12(b)(3), Or, Alternatively, to Stay This Action filed by Defendant GPB Waste Management Fund, LP, Defendant Gerald Francese, Defendant GPB Holdings II, LP, Defendant Robert Kessler, Defendant McAnna, LP, Defendant Michael Frost, Defendant GPB Holdings Qualified, LP, Defendant Jeffry Schneider, Defendant GPB NYC Development, LP, Defendant GPB Automotive Portfolio, LP, Defendant GPB Capital Holdings, LLC, Defendant MR Ranger, LLC, Defendant Evan Myrianthopoulos, Defendant DJ Partners LLC, Defendant GPB Holdings III, LP, Defendant GPB Holdings, LP, Defendant Steven Frangioni, Defendant RSM US LLP, Defendant Highline Management, Inc., Defendant Mark D. Martino, Defendant Ascendant Alternative Strategies, LLC, Defendant Dotty J. Bollinger, Defendant Axiom Capital Management, Inc., Defendant Rina Chernaya, Defendant Scott Naugle, Defendant David Gentile, Defendant GPB Cold Storage, LP, Defendant Ascendant Capital, LLC, Defendant CKGF Holding LLC, Defendant Crowe, LLP (Kaplan, Steven) |
| Filing 293 REPLY to Response to Motion, filed by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB Holdings, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP, Highline Management, Inc., re #264 MOTION to Dismiss Third Amended Complaint Pursuant to Rule 12(b)(6) filed by Defendant GPB Waste Management Fund, LP, Defendant Highline Management, Inc., Defendant GPB Holdings II, LP, Defendant GPB Holdings Qualified, LP, Defendant GPB Capital Holdings, LLC, Defendant GPB Automotive Portfolio, LP, Defendant GPB NYC Development, LP, Defendant GPB Cold Storage, LP, Defendant GPB Holdings, LP, Defendant GPB Holdings III, LP (Kaplan, Steven) |
| Filing 292 REPLY to Response to Motion, filed by CKGF Holding LLC, Rina Chernaya, Gerald Francese, Robert Kessler, McAnna, LP, re #266 MOTION to Dismiss Third Amended Complaint Pursuant to Rule 12(b)(2) and 12(b)(6) filed by Defendant Gerald Francese, Defendant Robert Kessler, Defendant CKGF Holding LLC, Defendant Rina Chernaya, Defendant McAnna, LP (Kaplan, Steven) |
| Filing 290 MOTION to Appear Pro Hac Vice by Carolyn Homer for Jordan D. Cook ( Filing fee $ 100 receipt number 0542-14584450) by on behalf of Crowe, LLP. (Attachments: #1 Proposed Order)(Homer, Carolyn) |
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Filing 291
ORDER GRANTING #289 Motion for Leave to File Excess Pages Signed by Judge Lee Yeakel. (cc3)
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| Filing 289 Unopposed MOTION for Leave to Exceed Page Limitation by Crowe, LLP, RSM US LLP. (Attachments: #1 Proposed Order)(Hoover, Kathryn) |
| Filing 288 NOTICE of Change of Address by Beverly Gayle Reeves (Reeves, Beverly) |
| Filing 287 Memorandum in Opposition to Motion, filed by Loretta DeHay, The Stanley S. and Millicent R. Barasch Living Trust, re #269 MOTION to Dismiss filed by Defendant Jeffry Schneider, Defendant Mark D. Martino, Defendant Ascendant Alternative Strategies, LLC, Defendant MR Ranger, LLC, Defendant Dotty J. Bollinger, Defendant DJ Partners LLC, Defendant Ascendant Capital, LLC, #267 MOTION to Dismiss Third Amended Complaint pursuant to Rule 12(b)(2) and 12(b)(6) filed by Defendant Scott Naugle, #276 Joint MOTION to Dismiss Plaintiffs' Third Amended Complaint for Failure to State a Claim Pursuant to FRCP 12(b)(6) and 9(b) filed by Defendant RSM US LLP, Defendant Crowe, LLP, #266 MOTION to Dismiss Third Amended Complaint Pursuant to Rule 12(b)(2) and 12(b)(6) filed by Defendant Gerald Francese, Defendant Robert Kessler, Defendant CKGF Holding LLC, Defendant Rina Chernaya, Defendant McAnna, LP, #264 MOTION to Dismiss Third Amended Complaint Pursuant to Rule 12(b)(6) filed by Defendant GPB Waste Management Fund, LP, Defendant Highline Management, Inc., Defendant GPB Holdings II, LP, Defendant GPB Holdings Qualified, LP, Defendant GPB Capital Holdings, LLC, Defendant GPB Automotive Portfolio, LP, Defendant GPB NYC Development, LP, Defendant GPB Cold Storage, LP, Defendant GPB Holdings, LP, Defendant GPB Holdings III, LP, #273 MOTION to Dismiss Third Amended Complaint Pursuant to FRCP 12(b)(2) and FRCP 12(b)(6) filed by Defendant Steven Frangioni, #277 MOTION to Dismiss filed by Defendant Axiom Capital Management, Inc., #257 MOTION to Appear Pro Hac Vice by Gavin E. Rush ( Filing fee $ 100 receipt number 0542-14275468) filed by Plaintiff Millicent R. Barasch, #271 MOTION to Dismiss filed by Defendant Austin Lake Technologies, LLC, #270 MOTION to Dismiss Third Amended Complaint filed by Defendant David Gentile, #274 MOTION to Dismiss The Third Amended Complaint Under Rule 12(b)(2), Rule 12(b)(6), and the Doctrine of Forum Non Conveniens filed by Defendant EisnerAmper LLP, #263 MOTION to Dismiss Third Amended Complaint Pursuant to Federal Rules Of Civil Procedure 12(b)(2), 12(b)(3), 12(b)(6), and the Doctrine Of Forum Non Conveniens filed by Defendant Gentile Pismeny & Brengel, LLP, #268 MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Defendant Michael Frost, #275 MOTION to Dismiss Pursuant to Rules 12(b)(1)-(b)(3), Rule 12(b)(6) and Rule 9(b) filed by Defendant Phoenix American Financial Services, Inc., #265 Joint MOTION to Dismiss Third Amended Complaint Based on the Doctrine of Forum Non Conveniens and Pursuant to Rule 12(b)(3), Or, Alternatively, to Stay This Action filed by Defendant GPB Waste Management Fund, LP, Defendant Gerald Francese, Defendant GPB Holdings II, LP, Defendant Robert Kessler, Defendant McAnna, LP, Defendant Michael Frost, Defendant GPB Holdings Qualified, LP, Defendant Jeffry Schneider, Defendant GPB NYC Development, LP, Defendant GPB Automotive Portfolio, LP, Defendant GPB Capital Holdings, LLC, Defendant MR Ranger, LLC, Defendant Evan Myrianthopoulos, Defendant DJ Partners LLC, Defendant GPB Holdings III, LP, Defendant GPB Holdings, LP, Defendant Steven Frangioni, Defendant RSM US LLP, Defendant Highline Management, Inc., Defendant Mark D. Martino, Defendant Ascendant Alternative Strategies, LLC, Defendant Dotty J. Bollinger, Defendant Axiom Capital Management, Inc., Defendant Rina Chernaya, Defendant Scott Naugle, Defendant David Gentile, Defendant GPB Cold Storage, LP, Defendant Ascendant Capital, LLC, Defendant CKGF Holding LLC, Defendant Crowe, LLP, #272 MOTION to Dismiss Third Amended Complaint Pursuant to FRCP 12(b)(2) and FRCP 12(b)(6) filed by Defendant Evan Myrianthopoulos as to Personal Jurisdiction (Attachments: #1 Affidavit of Michael J. Boyle, Jr. in Support of Opposition, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Boyle, Michael) |
| Filing 286 Memorandum in Opposition to Motion, filed by Loretta DeHay, The Stanley S. and Millicent R. Barasch Living Trust, re #269 MOTION to Dismiss filed by Defendant Jeffry Schneider, Defendant Mark D. Martino, Defendant Ascendant Alternative Strategies, LLC, Defendant MR Ranger, LLC, Defendant Dotty J. Bollinger, Defendant DJ Partners LLC, Defendant Ascendant Capital, LLC, #267 MOTION to Dismiss Third Amended Complaint pursuant to Rule 12(b)(2) and 12(b)(6) filed by Defendant Scott Naugle, #276 Joint MOTION to Dismiss Plaintiffs' Third Amended Complaint for Failure to State a Claim Pursuant to FRCP 12(b)(6) and 9(b) filed by Defendant RSM US LLP, Defendant Crowe, LLP, #274 MOTION to Dismiss The Third Amended Complaint Under Rule 12(b)(2), Rule 12(b)(6), and the Doctrine of Forum Non Conveniens filed by Defendant EisnerAmper LLP, #266 MOTION to Dismiss Third Amended Complaint Pursuant to Rule 12(b)(2) and 12(b)(6) filed by Defendant Gerald Francese, Defendant Robert Kessler, Defendant CKGF Holding LLC, Defendant Rina Chernaya, Defendant McAnna, LP, #264 MOTION to Dismiss Third Amended Complaint Pursuant to Rule 12(b)(6) filed by Defendant GPB Waste Management Fund, LP, Defendant Highline Management, Inc., Defendant GPB Holdings II, LP, Defendant GPB Holdings Qualified, LP, Defendant GPB Capital Holdings, LLC, Defendant GPB Automotive Portfolio, LP, Defendant GPB NYC Development, LP, Defendant GPB Cold Storage, LP, Defendant GPB Holdings, LP, Defendant GPB Holdings III, LP, #263 MOTION to Dismiss Third Amended Complaint Pursuant to Federal Rules Of Civil Procedure 12(b)(2), 12(b)(3), 12(b)(6), and the Doctrine Of Forum Non Conveniens filed by Defendant Gentile Pismeny & Brengel, LLP, #273 MOTION to Dismiss Third Amended Complaint Pursuant to FRCP 12(b)(2) and FRCP 12(b)(6) filed by Defendant Steven Frangioni, #268 MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Defendant Michael Frost, #277 MOTION to Dismiss filed by Defendant Axiom Capital Management, Inc., #275 MOTION to Dismiss Pursuant to Rules 12(b)(1)-(b)(3), Rule 12(b)(6) and Rule 9(b) filed by Defendant Phoenix American Financial Services, Inc., #271 MOTION to Dismiss filed by Defendant Austin Lake Technologies, LLC, #270 MOTION to Dismiss Third Amended Complaint filed by Defendant David Gentile, #265 Joint MOTION to Dismiss Third Amended Complaint Based on the Doctrine of Forum Non Conveniens and Pursuant to Rule 12(b)(3), Or, Alternatively, to Stay This Action filed by Defendant GPB Waste Management Fund, LP, Defendant Gerald Francese, Defendant GPB Holdings II, LP, Defendant Robert Kessler, Defendant McAnna, LP, Defendant Michael Frost, Defendant GPB Holdings Qualified, LP, Defendant Jeffry Schneider, Defendant GPB NYC Development, LP, Defendant GPB Automotive Portfolio, LP, Defendant GPB Capital Holdings, LLC, Defendant MR Ranger, LLC, Defendant Evan Myrianthopoulos, Defendant DJ Partners LLC, Defendant GPB Holdings III, LP, Defendant GPB Holdings, LP, Defendant Steven Frangioni, Defendant RSM US LLP, Defendant Highline Management, Inc., Defendant Mark D. Martino, Defendant Ascendant Alternative Strategies, LLC, Defendant Dotty J. Bollinger, Defendant Axiom Capital Management, Inc., Defendant Rina Chernaya, Defendant Scott Naugle, Defendant David Gentile, Defendant GPB Cold Storage, LP, Defendant Ascendant Capital, LLC, Defendant CKGF Holding LLC, Defendant Crowe, LLP, #272 MOTION to Dismiss Third Amended Complaint Pursuant to FRCP 12(b)(2) and FRCP 12(b)(6) filed by Defendant Evan Myrianthopoulos Omnibus Opposition as to Venue and Subject Matter Jurisdiction (Boyle, Michael) |
| Filing 285 Memorandum in Opposition to Motion, filed by The Stanley S. and Millicent R. Barasch Living Trust, re #269 MOTION to Dismiss filed by Defendant Jeffry Schneider, Defendant Mark D. Martino, Defendant Ascendant Alternative Strategies, LLC, Defendant MR Ranger, LLC, Defendant Dotty J. Bollinger, Defendant DJ Partners LLC, Defendant Ascendant Capital, LLC, #267 MOTION to Dismiss Third Amended Complaint pursuant to Rule 12(b)(2) and 12(b)(6) filed by Defendant Scott Naugle, #276 Joint MOTION to Dismiss Plaintiffs' Third Amended Complaint for Failure to State a Claim Pursuant to FRCP 12(b)(6) and 9(b) filed by Defendant RSM US LLP, Defendant Crowe, LLP, #274 MOTION to Dismiss The Third Amended Complaint Under Rule 12(b)(2), Rule 12(b)(6), and the Doctrine of Forum Non Conveniens filed by Defendant EisnerAmper LLP, #266 MOTION to Dismiss Third Amended Complaint Pursuant to Rule 12(b)(2) and 12(b)(6) filed by Defendant Gerald Francese, Defendant Robert Kessler, Defendant CKGF Holding LLC, Defendant Rina Chernaya, Defendant McAnna, LP, #264 MOTION to Dismiss Third Amended Complaint Pursuant to Rule 12(b)(6) filed by Defendant GPB Waste Management Fund, LP, Defendant Highline Management, Inc., Defendant GPB Holdings II, LP, Defendant GPB Holdings Qualified, LP, Defendant GPB Capital Holdings, LLC, Defendant GPB Automotive Portfolio, LP, Defendant GPB NYC Development, LP, Defendant GPB Cold Storage, LP, Defendant GPB Holdings, LP, Defendant GPB Holdings III, LP, #263 MOTION to Dismiss Third Amended Complaint Pursuant to Federal Rules Of Civil Procedure 12(b)(2), 12(b)(3), 12(b)(6), and the Doctrine Of Forum Non Conveniens filed by Defendant Gentile Pismeny & Brengel, LLP, #273 MOTION to Dismiss Third Amended Complaint Pursuant to FRCP 12(b)(2) and FRCP 12(b)(6) filed by Defendant Steven Frangioni, #268 MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Defendant Michael Frost, #277 MOTION to Dismiss filed by Defendant Axiom Capital Management, Inc., #275 MOTION to Dismiss Pursuant to Rules 12(b)(1)-(b)(3), Rule 12(b)(6) and Rule 9(b) filed by Defendant Phoenix American Financial Services, Inc., #271 MOTION to Dismiss filed by Defendant Austin Lake Technologies, LLC, #270 MOTION to Dismiss Third Amended Complaint filed by Defendant David Gentile, #272 MOTION to Dismiss Third Amended Complaint Pursuant to FRCP 12(b)(2) and FRCP 12(b)(6) filed by Defendant Evan Myrianthopoulos (Centner, Daniel) |
| Filing 284 Memorandum in Opposition to Motion, filed by The Stanley S. and Millicent R. Barasch Living Trust, re #269 MOTION to Dismiss filed by Defendant Jeffry Schneider, Defendant Mark D. Martino, Defendant Ascendant Alternative Strategies, LLC, Defendant MR Ranger, LLC, Defendant Dotty J. Bollinger, Defendant DJ Partners LLC, Defendant Ascendant Capital, LLC, #267 MOTION to Dismiss Third Amended Complaint pursuant to Rule 12(b)(2) and 12(b)(6) filed by Defendant Scott Naugle, #276 Joint MOTION to Dismiss Plaintiffs' Third Amended Complaint for Failure to State a Claim Pursuant to FRCP 12(b)(6) and 9(b) filed by Defendant RSM US LLP, Defendant Crowe, LLP, #274 MOTION to Dismiss The Third Amended Complaint Under Rule 12(b)(2), Rule 12(b)(6), and the Doctrine of Forum Non Conveniens filed by Defendant EisnerAmper LLP, #266 MOTION to Dismiss Third Amended Complaint Pursuant to Rule 12(b)(2) and 12(b)(6) filed by Defendant Gerald Francese, Defendant Robert Kessler, Defendant CKGF Holding LLC, Defendant Rina Chernaya, Defendant McAnna, LP, #264 MOTION to Dismiss Third Amended Complaint Pursuant to Rule 12(b)(6) filed by Defendant GPB Waste Management Fund, LP, Defendant Highline Management, Inc., Defendant GPB Holdings II, LP, Defendant GPB Holdings Qualified, LP, Defendant GPB Capital Holdings, LLC, Defendant GPB Automotive Portfolio, LP, Defendant GPB NYC Development, LP, Defendant GPB Cold Storage, LP, Defendant GPB Holdings, LP, Defendant GPB Holdings III, LP, #263 MOTION to Dismiss Third Amended Complaint Pursuant to Federal Rules Of Civil Procedure 12(b)(2), 12(b)(3), 12(b)(6), and the Doctrine Of Forum Non Conveniens filed by Defendant Gentile Pismeny & Brengel, LLP, #273 MOTION to Dismiss Third Amended Complaint Pursuant to FRCP 12(b)(2) and FRCP 12(b)(6) filed by Defendant Steven Frangioni, #268 MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Defendant Michael Frost, #277 MOTION to Dismiss filed by Defendant Axiom Capital Management, Inc., #275 MOTION to Dismiss Pursuant to Rules 12(b)(1)-(b)(3), Rule 12(b)(6) and Rule 9(b) filed by Defendant Phoenix American Financial Services, Inc., #271 MOTION to Dismiss filed by Defendant Austin Lake Technologies, LLC, #270 MOTION to Dismiss Third Amended Complaint filed by Defendant David Gentile, #272 MOTION to Dismiss Third Amended Complaint Pursuant to FRCP 12(b)(2) and FRCP 12(b)(6) filed by Defendant Evan Myrianthopoulos (Attachments: #1 Exhibit, #2 Exhibit)(Centner, Daniel) |
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Filing 283
ORDER GRANTING #281 Unopposed Motion for Leave to Exceed page Limitation Signed by Judge Lee Yeakel. (cc3)
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Filing 282
ORDER GRANTING #280 Motion to Withdraw as Attorney as to Sharon M. Casola. Signed by Judge Lee Yeakel. (cc3)
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| Filing 281 Unopposed MOTION to Exceed Page Limitation by Loretta DeHay, The Stanley S. and Millicent R. Barasch Living Trust. (Attachments: #1 Proposed Order)(Centner, Daniel) |
| Filing 280 MOTION to Withdraw as Attorney Sharon M. Casola by Crowe, LLP. (Attachments: #1 Proposed Order)(Homer, Carolyn) |
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Filing 279
ORDER GRANTING #278 Motion to Appear Pro Hac Vice as to Laura Maria Gonzalez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (cc3)
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| Filing 278 MOTION to Appear Pro Hac Vice by Chris Lee Gilbert for Laura Maria Gonzalez ( Filing fee $ 100 receipt number 0542-14383388) by on behalf of David Gentile. (Gilbert, Chris) |
| Filing 277 MOTION to Dismiss by Axiom Capital Management, Inc.. (Attachments: #1 Proposed Order)(Stokes, Peter) |
| Filing 276 Joint MOTION to Dismiss Plaintiffs' Third Amended Complaint for Failure to State a Claim Pursuant to FRCP 12(b)(6) and 9(b) by Crowe, LLP, RSM US LLP. (Attachments: #1 Proposed Order)(Hoover, Kathryn) |
| Filing 275 MOTION to Dismiss Pursuant to Rules 12(b)(1)-(b)(3), Rule 12(b)(6) and Rule 9(b) by Phoenix American Financial Services, Inc.. (Attachments: #1 Exhibit A - Declaration)(Ashby, Danny) |
| Filing 274 MOTION to Dismiss The Third Amended Complaint Under Rule 12(b)(2), Rule 12(b)(6), and the Doctrine of Forum Non Conveniens by EisnerAmper LLP. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A - Declaration of B. Downey, #3 Exhibit B - Verified Answer in GPB Capital Holdings, LLC v. DiBre, #4 Exhibit C - Massachusetts Securities Division Newsletter, #5 Exhibit D - Administrative Complaint in In re GPB Capital Holdings, LLC, Massachusetts Securities Division)(Braun, Bruce) |
| Filing 273 MOTION to Dismiss Third Amended Complaint Pursuant to FRCP 12(b)(2) and FRCP 12(b)(6) by Steven Frangioni. (Attachments: #1 Declaration of Steve Frangioni)(Pierce, Ryan) |
| Filing 272 MOTION to Dismiss Third Amended Complaint Pursuant to FRCP 12(b)(2) and FRCP 12(b)(6) by Evan Myrianthopoulos. (Attachments: #1 Declaration of Evan Myrianthopoulos)(Pierce, Ryan) |
| Filing 271 Notice of Joinder in GPB Defendants' #264 MOTION to Dismiss by Austin Lake Technologies, LLC. (Whittlesey, David) Modified on 12/28/2020 (lt). |
| Filing 270 MOTION to Dismiss Third Amended Complaint by David Gentile. (Gilbert, Chris) |
| Filing 269 MOTION to Dismiss by Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Dotty J. Bollinger, DJ Partners LLC, MR Ranger, LLC, Mark D. Martino, Jeffry Schneider. (Battaglini, Kim) |
| Filing 268 MOTION to Dismiss Plaintiffs' Third Amended Complaint by Michael Frost. (Whittlesey, David) |
| Filing 267 MOTION to Dismiss Third Amended Complaint pursuant to Rule 12(b)(2) and 12(b)(6) by Scott Naugle. (Attachments: #1 Proposed Order)(Marin, Michael) |
| Filing 266 MOTION to Dismiss Third Amended Complaint Pursuant to Rule 12(b)(2) and 12(b)(6) by CKGF Holding LLC, Rina Chernaya, Gerald Francese, Robert Kessler, McAnna, LP. (Attachments: #1 Affidavit Declaration of Rina Chernaya, #2 Affidavit Declaration of Gerald Francese, #3 Affidavit Declaration of Robert Kessler)(Kaplan, Steven) |
| Filing 265 Joint MOTION to Dismiss Third Amended Complaint Based on the Doctrine of Forum Non Conveniens and Pursuant to Rule 12(b)(3), Or, Alternatively, to Stay This Action by Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Axiom Capital Management, Inc., Dotty J. Bollinger, CKGF Holding LLC, Rina Chernaya, Crowe, LLP, DJ Partners LLC, Gerald Francese, Steven Frangioni, Michael Frost, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB Holdings, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP, David Gentile, Highline Management, Inc., Robert Kessler, MR Ranger, LLC, Mark D. Martino, McAnna, LP, Evan Myrianthopoulos, Scott Naugle, RSM US LLP, Jeffry Schneider. (Kaplan, Steven) |
| Filing 264 MOTION to Dismiss Third Amended Complaint Pursuant to Rule 12(b)(6) by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB Holdings, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP, Highline Management, Inc.. (Attachments: #1 Affidavit Declaration of Michael Emanuel, #2 Exhibit A - Third Amended Complaint, #3 Exhibit B - Barasch's Automotive Subscription Agreement, #4 Exhibit C - LPA of Automotive, #5 Exhibit D - Barasch's Holdings II Subscription Agreement, #6 Exhibit E - LPA of Holdings II, #7 Exhibit F - Barasch's Waste Management Subscription Agreement, #8 Exhibit G - LPA of Waste Management, #9 Exhibit H - DeHay's Automotive Subscription Agreement, #10 Exhibit I - Consolidated Complaint, #11 Exhibit J - Miller Amended Complaint, #12 Exhibit K - Peirce Complaint, #13 Exhibit L - Ransii Complaint, #14 Exhibit M - Highline Certificate of Incorporation, #15 Exhibit N - Form ADV)(Kaplan, Steven) |
| Filing 263 MOTION to Dismiss Third Amended Complaint Pursuant to Federal Rules Of Civil Procedure 12(b)(2), 12(b)(3), 12(b)(6), and the Doctrine Of Forum Non Conveniens by Gentile Pismeny & Brengel, LLP. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Johnson, Michael) |
| Filing 262 COURT'S ADVISORY. Signed by Judge Lee Yeakel. (jv2) |
| Filing 261 ADVISORY TO THE COURT by Loretta DeHay, The Stanley S. and Millicent R. Barasch Living Trust re: Status of Defendants. (Boyle, Michael) |
| Filing 260 NOTICE of Voluntary Dismissal of Defendants Diana Chernaya and Manuel Frederico Vianna by Loretta DeHay, The Stanley S. and Millicent R. Barasch Living Trust (Boyle, Michael) Modified on 12/17/2020 (jv2). |
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Filing 259
ORDER GRANTING Daniel B. Centner's #257 Motion to Appear Pro Hac Vice for and on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (jv2)
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| Filing 258 Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 12/11/2020. Written order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) |
| Filing 257 MOTION to Appear Pro Hac Vice by Gavin E. Rush for Daniel B. Centner ( Filing fee $ 100 receipt number 0542-14275468) on behalf of Millicent R. Barasch. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing)(Rush, Gavin) Modified on 12/11/2020 (lt). |
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Filing 256
ORDER GRANTING Plaintiffs' #252 Motion to Substitute Plaintiff. ORDER that the Stanley S. and Millicent R. Barasch Living Trust is substituted for Millicent R. Barasch for all purposes in this action. Signed by Judge Lee Yeakel. (lt)
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| Filing 255 NOTICE of Attorney Appearance by Steven M. Kaplan on behalf of Highline Management, Inc.. Attorney Steven M. Kaplan added to party Highline Management, Inc.(pty:dft) (Kaplan, Steven) |
| Filing 254 NOTICE of Attorney Appearance by Tab K. Rosenfeld on behalf of Highline Management, Inc.. Attorney Tab K. Rosenfeld added to party Highline Management, Inc.(pty:dft) (Rosenfeld, Tab) |
| Filing 253 NOTICE of Attorney Appearance by Nicole E. Meyer on behalf of Highline Management, Inc.. Attorney Nicole E. Meyer added to party Highline Management, Inc.(pty:dft) (Meyer, Nicole) |
| Filing 252 MOTION to Substitute Party by Millicent R. Barasch. (Attachments: #1 Exhibit 1--Declaration of Philip Barasch, #2 Proposed Order)(Boyle, Michael) |
| Filing 251 SUGGESTION OF DEATH as to Millicent R. Barasch . (Boyle, Michael) |
| Filing 250 AMENDED COMPLAINT [Third] against Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Axiom Capital Management, Inc., Dotty J. Bollinger, CKGF Holding LLC, Diana Chernaya, Rina Chernaya, Crowe, LLP, DJ Partners LLC, Eisneramper LLP, Gerald Francese, Steven Frangioni, Michael Frost, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB Holdings, LP, GPB Managed IT Fund, GPB NYC Development, LP, GPB Waste Management Fund, LP, David Gentile, Gentile Pismeny & Brengel, LLP, Robert Kessler, Minchung Kgil, MR Ranger, LLC, Mark D. Martino, McAnna, LP, Evan Myrianthopoulos, Scott Naugle, Phoenix American Financial Services, Inc., RSM US LLP, Jeffry Schneider, Manuel Frederico Vianna amending, filed by Millicent R. Barasch, Loretta DeHay.(Boyle, Michael) |
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Filing 249
AMENDED SCHEDULING ORDER. Signed by Judge Lee Yeakel. (lt)
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Filing 248
ORDER Lifting Stay. ORDER DISMISSING without prejudice Defendant EisnerAmper's #205 Motion to Dismiss. ORDER WITHDRAWING all other pending motions to dismiss. Amended Complaint due by 11/9/2020, Answer/Response to Amended Complaint due 12/21/20. Signed by Judge Lee Yeakel. (lt)
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| Filing 247 Proposed Scheduling Order by Millicent R. Barasch. (Peiffer, Joseph) |
| Filing 246 Plaintiffs' Omnibus Response in Opposition to Defendants' Motions to Dismiss #201 , #202 , #203 , #204 , #205 , #206 , #207 , #208 , #209 , #210 , #211 , #212 , #213 , #214 . (lt) |
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Filing 245
ORDER GRANTING Plaintiffs' #220 Motion for Leave to Exceed Page Limitation. Signed by Judge Lee Yeakel. (lt)
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| Filing 244 Transcript filed of Proceedings held on September 23, 2020, Proceedings Transcribed: Video Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/27/2020, Redacted Transcript Deadline set for 11/6/2020, Release of Transcript Restriction set for 1/4/2021, (alr) |
| Filing 243 NOTICE of Change of Address by Michael J. Boyle, Jr (Boyle, Michael) |
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Filing 242
Order that the parties shall meet and confer and propose to the court a Joint Scheduling Order on or before 10/16/2020. Signed by Judge Lee Yeakel. (lt)
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| Filing 241 REPLY to Response to Motion, filed by Eisneramper LLP, re #205 MOTION to Dismiss second amended complaint filed by Defendant Eisneramper LLP For Lack of Personal Jurisdiction Under Rule 12(b)(2) And Failure To Sue In The Proper Forum Under The Doctrine Of Forum Non Conveniens (Braun, Bruce) |
| Filing 240 Minute Entry for proceedings held before Judge Lee Yeakel: Electronic Conference via Zoom held on 9/23/2020. Written Order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) |
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Filing 239
ORDER GRANTING Plaintiffs' #238 Motion to Withdraw and Substitute Counsel of Record. Signed by Judge Lee Yeakel. (lt)
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| Filing 238 MOTION to Substitute Attorney by Millicent R. Barasch, Loretta DeHay. (Attachments: #1 Proposed Order)(Kelly, Lannie) |
| Filing 237 RESPONSE to #230 Order to Show Cause, by Millicent R. Barasch, Loretta DeHay. (Boyle, Michael) |
| Filing 236 Clerk's ENTRY OF DEFAULT as to Minchung Kgil (lt) |
| Filing 235 Summons Issued as to GPB Managed IT Fund. (lt) |
| Filing 234 MOTION for Entry of Default against Minchung Kgil by Millicent R. Barasch, Loretta DeHay. (Attachments: #1 Affidavit of Michael J. Boyle, Jr. in Support of Entry of Default)(Boyle, Michael) |
| Filing 233 REQUEST FOR ISSUANCE OF SUMMONS by Millicent R. Barasch, Loretta DeHay. for Austin Lake Technologies f/k/a GPB Managed IT Fund (Boyle, Michael) |
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Filing 232
ORDER SETTING Electronic Conference by zoom for 9/23/2020 at 10:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (lt)
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Filing 231
ORDER STAYING this action, pending further order of the court, except that Plaintiff may respond to the court's August 21st Order to Show Cause. Signed by Judge Lee Yeakel. (lt)
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Filing 230
ORDER that Plaintiff Millicent Barasch SHOW CAUSE IN WRITING on or before September 4, 2020 why the court should not dismiss the action, without prejudice, as to Defendants Crowe Global; GPB Managed IT Fund; Diana Chernaya; William Jacoby; Minchung Kgil; and Manuel Frederico Vianna. Signed by Judge Lee Yeakel. (lt)
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Filing 229
ORDER GRANTING Ma Plaintiffs' #215 Motion to Exceed Page Limitation with respect to their Reply Brief in Support of their Amended Motion to Consolidate Class Actions and, in the Alternative, Stay Duplicative Briefing, Appoint Interim Co-Lead Class Counsel and Interim Liaison Counsel, and Transfer and Consolidate Subsequent Similar Cases Signed by Judge Lee Yeakel. (lt)
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Filing 228
ORDER GRANTING #226 Motion for Daniel Joseph Cohen to Appear Pro Hac Vice on behalf of EisnerAmper LLP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 227
ORDER GRANTING #225 Defendant EisnerAmper LLP's Motion to Withdraw Attorney Stephen Spector as Counsel. Signed by Judge Lee Yeakel. (lt)
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| Filing 226 MOTION to Appear Pro Hac Vice by Yolanda Cornejo Garcia on Behalf of Daniel J. Cohen ( Filing fee $ 100 receipt number 0542-13866097) by on behalf of Eisneramper LLP. (Attachments: #1 Proposed Order)(Garcia, Yolanda) |
| Filing 225 MOTION to Withdraw as Attorney by Eisneramper LLP. (Attachments: #1 Proposed Order)(Spector, Stephen) |
| Filing 224 RESPONSE to Motion, filed by Gentile Pismeny & Brengel, LLP, re #220 MOTION for Leave to Exceed Page Limitation filed by Plaintiff Millicent R. Barasch, Plaintiff Loretta DeHay (Johnson, Michael) |
| Filing 223 REPLY to Response to Motion, filed by Phoenix American Financial Services, Inc., re #208 MOTION to Dismiss Pursuant to Rules 12(b)(1)-(b)(3) filed by Defendant Phoenix American Financial Services, Inc. (Ashby, Danny) |
| Filing 222 RESPONSE to Motion, filed by Steven Frangioni, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB Holdings, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP, Evan Myrianthopoulos, re #199 MOTION for Leave to Exceed Page Limitation filed by Plaintiff Millicent R. Barasch, Plaintiff Loretta DeHay (Pierce, Ryan) |
| Filing 221 AFFIDAVIT in Support of #220 MOTION for Leave to Exceed Page Limitation [Omnibus Opposition to Motions to Dismiss] by Millicent R. Barasch, Loretta DeHay. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Boyle, Michael) |
| Filing 220 MOTION for Leave to Exceed Page Limitation by Millicent R. Barasch, Loretta DeHay. (Attachments: #1 Proposed Order, #2 Exhibit Proposed Brief to Be Filed)(Boyle, Michael) |
| Filing 219 Plaintiffs' Response in Opposition, filed by Millicent R. Barasch, Loretta DeHay, to #194 Amended MOTION to Consolidate Cases MOTION to Appoint Counsel , Transfer and Consolidate Subsequent Related Cases, and, in the Alternative, Stay Duplicative Briefing filed by Movants. (Attachments: #1 Exhibit A)(lt) |
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Filing 218
ORDER GRANTING Plaintiffs' #199 Motion for Leave to Exceed Page Limitation. Signed by Judge Lee Yeakel. (lt)
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| Filing 217 Response in Opposition to Motion, filed by Millicent R. Barasch, re #215 Opposed MOTION for Leave to Exceed Page Limitation filed by Movant Corri Rene Eden, Movant Dean Crooks, Movant Shirley Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Movant Jeffery S. Gramm Individual Retirement Account, Movant Robert A. Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Movant Karen Loch, Movant Kinnie Ma Individual Retirement Account, individually and on behalf of all others similarly situated,, Movant Catherine Kominos, Movant Victor Wade Individual Retirement Account, Movant Stacy Greasor Individual Retirement Account (Peiffer, Joseph) |
| Filing 216 RESPONSE in Support, filed by Dean Crooks, Jeffery S. Gramm Individual Retirement Account, Kinnie Ma Individual Retirement Account, individually and on behalf of all others similarly situated,, Catherine Kominos, Karen Loch, Corri Rene Eden, Robert A. Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Shirley Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Stacy Greasor Individual Retirement Account, Victor Wade Individual Retirement Account, re #194 Amended MOTION to Consolidate Cases MOTION to Appoint Counsel , Transfer and Consolidate Subsequent Related Cases, and, in the Alternative, Stay Duplicative Briefing filed by Movant Corri Rene Eden, Movant Dean Crooks, Movant Shirley Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Movant Jeffery S. Gramm Individual Retirement Account, Movant Robert A. Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Movant Karen Loch, Movant Kinnie Ma Individual Retirement Account, individually and on behalf of all others similarly situated,, Movant Catherine Kominos, Movant Victor Wade Individual Retirement Account, Movant Stacy Greasor Individual Retirement Account (Attachments: #1 Exhibit A)(Weiss, Jesse) |
| Filing 215 Opposed MOTION for Leave to Exceed Page Limitation by Dean Crooks, Jeffery S. Gramm Individual Retirement Account, Kinnie Ma Individual Retirement Account, individually and on behalf of all others similarly situated,, Catherine Kominos, Karen Loch, Corri Rene Eden, Robert A. Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Shirley Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Stacy Greasor Individual Retirement Account, Victor Wade Individual Retirement Account. (Attachments: #1 Proposed Order)(Weiss, Jesse) |
| Filing 214 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Gentile Pismeny & Brengel, LLP. (Attachments: #1 Exhibit Declaration of Kyle Brengel, #2 Proposed Order)(Johnson, Michael) |
| Filing 213 MOTION to Dismiss for Improper Venue and Forum Non Conveniens by Axiom Capital Management, Inc.. (Stokes, Peter) |
| Filing 212 MOTION to Dismiss by David Gentile. (Gilbert, Chris) |
| Filing 211 MOTION to Dismiss for Improper Venue by Crowe, LLP. (Homer, Carolyn) |
| Filing 210 MOTION to Dismiss Second Amended Complaint by RSM US LLP. (Hoover, Kathryn) |
| Filing 209 MOTION to Dismiss by Michael Frost. (Whittlesey, David) |
| Filing 208 MOTION to Dismiss Pursuant to Rules 12(b)(1)-(b)(3) by Phoenix American Financial Services, Inc.. (Attachments: #1 Exhibit Declaration)(Chapa, Justin) |
| Filing 207 MOTION to Dismiss Second Amended Complaint by Evan Myrianthopoulos. (Pierce, Ryan) |
| Filing 206 MOTION to Dismiss Second Amended Complaint by Steven Frangioni. (Pierce, Ryan) |
| Filing 205 MOTION to Dismiss second amended complaint by Eisneramper LLP. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Braun, Bruce) |
| Filing 204 MOTION to Dismiss by Scott Naugle. (Attachments: #1 Proposed Order)(Marin, Michael) |
| Filing 203 MOTION to Dismiss by Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Dotty J. Bollinger, DJ Partners LLC, MR Ranger, LLC, Mark D. Martino, Jeffry Schneider. (Battaglini, Kim) |
| Filing 202 MOTION to Dismiss the Second Amended Complaint by CKGF Holding LLC, Rina Chernaya, Gerald Francese, Robert Kessler, McAnna, LP. (Attachments: #1 Declaration of Robert Kessler, #2 Declaration of Gerald Francese, #3 Declaration of Rina Chernaya)(Kaplan, Steven) |
| Filing 201 MOTION to Dismiss the Second Amended Complaint by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB Holdings, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP. (Attachments: #1 Declaration of Jennifer Bergenfeld, #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)(Kaplan, Steven) |
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Filing 200
ORDER GRANTING Ma Plaintiffs' #193 Motion to Exceed Page Limitation. Signed by Judge Lee Yeakel. (lt)
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| Filing 199 MOTION for Leave to Exceed Page Limitation by Millicent R. Barasch, Loretta DeHay. (Attachments: #1 Exhibit Proposed Pleading, #2 Exhibit Exhibit A to Proposed Pleading, #3 Proposed Order)(Peiffer, Joseph) |
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Filing 198
ORDER GRANTING #196 Motion for Megan K. Houlihan to Appear Pro Hac Vice on behalf of Plaintiff. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 197
ORDER GRANTING #195 Motion for Timothy S. DeJong to Appear Pro Hac Vice on behalf of Plaintiff. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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| Filing 196 MOTION to Appear Pro Hac Vice by Lannie Todd Kelly for attorney Megan Houlihan ( Filing fee $ 100 receipt number 0542-13759358) by on behalf of Millicent R. Barasch. (Attachments: #1 Proposed Order)(Kelly, Lannie) |
| Filing 195 MOTION to Appear Pro Hac Vice by Lannie Todd Kelly for attorney Timothy DeJong ( Filing fee $ 100 receipt number 0542-13759071) by on behalf of Millicent R. Barasch. (Attachments: #1 Proposed Order)(Kelly, Lannie) |
| Filing 194 Amended MOTION to Consolidate Cases , MOTION to Appoint Counsel , Transfer and Consolidate Subsequent Related Cases, and, in the Alternative, Stay Duplicative Briefing by Dean Crooks, Jeffery S. Gramm Individual Retirement Account, Kinnie Ma Individual Retirement Account, individually and on behalf of all others similarly situated,, Catherine Kominos, Karen Loch, Corri Rene Eden, Robert A. Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Shirley Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Stacy Greasor Individual Retirement Account, Victor Wade Individual Retirement Account. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Proposed Order)(Weiss, Jesse) |
| Filing 193 MOTION for Leave to Exceed Page Limitation in respect to Movants' Amended Motion To Consolidate Class Actions, Appoint Interim Co-Lead Class Counsel And Interim Liaison Counsel, Transfer And Consolidate Subsequent Similar Cases, and, In The Alternative, Stay Duplicative Briefing by Kinnie Ma Individual Retirement Account, individually and on behalf of all others similarly situated,, Dean Crooks, Corri Rene Eden, Jeffery S. Gramm Individual Retirement Account, Stacy Greasor Individual Retirement Account, Catherine Kominos, Karen Loch, Robert A. Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Shirley Stone Living Trust, dated January 9, 1992, as amended May 24, 2005, Victor Wade Individual Retirement Account. (Attachments: #1 Proposed Order)(Weiss, Jesse) |
| Filing 192 NOTICE of Voluntary Dismissal by Millicent R. Barasch (Peiffer, Joseph) |
| Filing 191 NOTICE of Voluntary Dismissal by Millicent R. Barasch, Loretta DeHay (Boyle, Michael) |
| Filing 190 AMENDED COMPLAINT Second against All Defendants amending #25 Amended Complaint, #1 Complaint., filed by Millicent R. Barasch.(Peiffer, Joseph) |
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Filing 189
ORDER on Parties' Agreed to Consent/Joint Motion. Signed by Judge Lee Yeakel. (lt)
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| Filing 188 Consent MOTION to permit amended complaint, withdraw pending motions to dismiss, and reset briefing deadlines by Millicent R. Barasch. (Attachments: #1 Proposed Order)(Peiffer, Joseph) |
| Filing 187 RULE 7 DISCLOSURE STATEMENT filed by Crowe, LLP. (Homer, Carolyn) |
| Filing 186 MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim by Crowe, LLP. (Homer, Carolyn) |
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Filing 185
ORDER GRANTING #181 Motion for John J. Barber to Appear Pro Hac Vice on behalf of Crowe LLLP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 184
ORDER GRANTING #180 Motion for Dennis Mai to Appear Pro Hac Vice on behalf of Crowe LLP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 183
ORDER GRANTING #179 Motion for Sharon M. Casola to Appear Pro Hac Vice on behalf of Crowe LLP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 182
ORDER GRANTING #178 Motion for Kevin M. McDonough to Appear Pro Hac Vice on behalf of Crowe LLP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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| Filing 181 MOTION to Appear Pro Hac Vice by Carolyn Homer for John J. Barber ( Filing fee $ 100 receipt number 0542-13606989) by on behalf of Crowe, LLP. (Homer, Carolyn) |
| Filing 180 MOTION to Appear Pro Hac Vice by Carolyn Homer for Dennis Mai ( Filing fee $ 100 receipt number 0542-13603844) by on behalf of Crowe, LLP. (Homer, Carolyn) |
| Filing 179 MOTION to Appear Pro Hac Vice by Carolyn Homer for Sharon M. Casola ( Filing fee $ 100 receipt number 0542-13603812) by on behalf of Crowe, LLP. (Homer, Carolyn) |
| Filing 178 MOTION to Appear Pro Hac Vice by Carolyn Homer for Kevin M. McDonough ( Filing fee $ 100 receipt number 0542-13603716) by on behalf of Crowe, LLP. (Homer, Carolyn) |
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Filing 177
ORDER GRANTING Plaintiff's #175 Unopposed Motion to Extend the Time to File an Opposition to Defendants' Motions to Dismiss. Signed by Judge Lee Yeakel. (lt)
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Filing 176
ORDER GRANTING #174 Motion for Steven M. Farina to Appear Pro Hac Vice on behalf of Defendant RSM US LLP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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| Filing 175 Unopposed MOTION for Extension of Time to File Response/Reply as to #166 MOTION to Dismiss for Lack of Jurisdiction , failure to sue in the proper forum under the doctrine of forum non conveniens Motion to Dismiss for Failure to State a Claim , #165 MOTION to Dismiss , #125 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue Motion to Dismiss for Failure to State a Claim , #60 MOTION to Dismiss , #161 MOTION to Dismiss , #168 MOTION to Dismiss the First Amended Complaint, #160 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim , #72 MOTION to Dismiss , #59 MOTION to Dismiss , #57 MOTION to Dismiss , #163 MOTION to Dismiss , #73 MOTION to Dismiss , #162 MOTION to Dismiss the First Amended Complaint, Filed by Millicent R. Barasch. (Attachments: #1 Proposed Order)(Boyle, Michael) |
| Filing 174 MOTION to Appear Pro Hac Vice by Katherine Patrice Chiarello for Steven M. Farina ( Filing fee $ 100 receipt number 0542-13550055) by on behalf of RSM US LLP. (Chiarello, Katherine) Modified on 5/8/2020 (lt). |
| Filing 173 NOTICE of Voluntary Dismissal by Millicent R. Barasch (Peiffer, Joseph) |
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Filing 172
ORDER GRANTING #170 Motion for William F. McGovern to Appear Pro Hac Vice on behalf of David Gentile. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 171
ORDER GRANTING #169 Motion for Leif T. Simonson to Appear Pro Hac Vice on behalf of David Gentile. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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| Filing 170 MOTION to Appear Pro Hac Vice by Chris Lee Gilbert for William F. McGovern ( Filing fee $ 100 receipt number 0542-13520215) by on behalf of David Gentile. (Gilbert, Chris) (Main Document 170 replaced on 5/1/2020 to flatten form) (lt). Modified on 5/1/2020 (lt). |
| Filing 169 MOTION to Appear Pro Hac Vice by Chris Lee Gilbert for Leif T. Simonson ( Filing fee $ 100 receipt number 0542-13520207) by on behalf of David Gentile. (Gilbert, Chris) (Main Document 169 replaced on 5/1/2020 to flatten form) (lt). Modified on 5/1/2020 (lt). |
| Filing 168 MOTION to Dismiss the First Amended Complaint by David Gentile. (Gilbert, Chris) |
| Filing 167 RULE 7 DISCLOSURE STATEMENT filed by Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Dotty J. Bollinger, DJ Partners LLC, Mark D. Martino, Mr. Ranger, LLC, Jeffry Schneider. (Battaglini, Kim) |
| Filing 166 MOTION to Dismiss for Lack of Jurisdiction , failure to sue in the proper forum under the doctrine of forum non conveniens, Motion to Dismiss for Failure to State a Claim by Eisneramper LLP. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Braun, Bruce) |
| Filing 165 MOTION to Dismiss by Gentile Pismeny & Brengel, LLP. (Attachments: #1 Exhibit, #2 Proposed Order)(Johnson, Michael) |
| Filing 164 RULE 7 DISCLOSURE STATEMENT filed by RSM US LLP. (Chiarello, Katherine) |
| Filing 163 MOTION to Dismiss by RSM US LLP. (Attachments: #1 Proposed Order)(Chiarello, Katherine) |
| Filing 162 MOTION to Dismiss the First Amended Complaint, Filed by Michael Cohn. (Attachments: #1 Certificate Of Service)(Howell, Barrett) |
| Filing 161 MOTION to Dismiss by Scott Naugle. (Attachments: #1 Proposed Order)(Marin, Michael) |
| Filing 160 MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim by CKGF Holding LLC, Rina Chernaya, Gerald Francese, Robert Kessler, McAnna, LP. (Attachments: #1 Declaration of Robert Kessler, #2 Declaration of Gerald Francese, #3 Declaration of Rina Chernaya)(Kaplan, Steven) |
| Filing 159 MOTION to Dismiss by Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Dotty J. Bollinger, DJ Partners LLC, Mark D. Martino, Mr. Ranger, LLC, Jeffry Schneider. (Battaglini, Kim) |
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Filing 158
ORDER GRANTING #156 Motion for Katherine M. Turner to Appear Pro Hac Vice for Defendant RSM US LLP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 157
ORDER GRANTING #155 Motion for Kathryn E. Hoover to Appear Pro Hac Vice for Defendant RSM US LLP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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| Filing 156 MOTION to Appear Pro Hac Vice by Katherine Patrice Chiarello for Katherine M. Turner ( Filing fee $ 100 receipt number 0542-13513130) by on behalf of RSM US LLP. (Chiarello, Katherine) Modified on 4/29/2020 (lt). |
| Filing 155 MOTION to Appear Pro Hac Vice by Katherine Patrice Chiarello for Kathryn E. Hoover ( Filing fee $ 100 receipt number 0542-13513071) by on behalf of RSM US LLP. (Chiarello, Katherine) Modified on 4/29/2020 (lt). |
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Filing 154
ORDER GRANTING #149 Unopposed Motion to Extend the Deadline to Respond to the Amended Complaint; Michael Cohn answer due 4/30/2020. Signed by Judge Lee Yeakel. (lt)
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Filing 153
ORDER GRANTING #148 Motion for Jake A. Nussbaum to Appear Pro Hac Vice on behalf of Michael Cohn. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 152
ORDER GRANTING #147 Motion for Alan J. Brudner to Appear Pro Hac Vice on behalf of Michael Cohn. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 151
ORDER GRANTING #146 Motion for Michael M. Rosensaft to Appear Pro Hac Vice on behalf of Michael Cohn. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 150
ORDER GRANTING #145 Motion for Scott A. Resnik to Appear Pro Hac Vice on behalf of Michael Cohn. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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| Filing 149 Unopposed MOTION for Extension of Time to File Answer Or Responsive Pleading, by Michael Cohn. (Attachments: #1 Proposed Order, #2 Certificate Of Service)(Howell, Barrett) Modified on 4/14/2020 (lt). |
| Filing 148 MOTION to Appear Pro Hac Vice by Barrett R. Howell For Jake A. Nussbaum ( Filing fee $ 100 receipt number 0542-13438516) by on behalf of Michael Cohn. (Attachments: #1 Letter To Judge Yeakel Regarding Certificate Of Good Standing, #2 Proposed Order)(Howell, Barrett) |
| Filing 147 MOTION to Appear Pro Hac Vice by Barrett R. Howell For Alan J. Brudner ( Filing fee $ 100 receipt number 0542-13438482) by on behalf of Michael Cohn. (Attachments: #1 Letter To Judge Yeakel Regarding Certificate Of Good Standing, #2 Proposed Order)(Howell, Barrett) |
| Filing 146 MOTION to Appear Pro Hac Vice by Barrett R. Howell For Michael M. Rosensaft ( Filing fee $ 100 receipt number 0542-13438439) by on behalf of Michael Cohn. (Attachments: #1 Letter To Judge Yeakel Regarding Certificate Of Good Standing, #2 Proposed Order)(Howell, Barrett) |
| Filing 145 MOTION to Appear Pro Hac Vice by Barrett R. Howell For Scott A. Resnik ( Filing fee $ 100 receipt number 0542-13438341) by on behalf of Michael Cohn. (Attachments: #1 Letter To Judge Yeakel Regarding Certificate Of Good Standing, #2 Proposed Order)(Howell, Barrett) |
| Filing 144 NOTICE of Attorney Appearance by Barrett R. Howell on behalf of Michael Cohn. Attorney Barrett R. Howell added to party Michael Cohn(pty:dft) (Howell, Barrett) |
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Filing 143
ORDER GRANTING #141 Unopposed Motion to Extend Deadline to Respond to Plaintiff's First Amended Complaint; Abhaya Shrestha answer due 5/11/2020. Signed by Judge Lee Yeakel. (lt)
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Filing 142
ORDER GRANTING #140 Unopposed Motion to Extend Deadline for Responsive Pleading; Crowe, LLP answer due 5/29/2020. Signed by Judge Lee Yeakel. (lt)
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| Filing 141 Unopposed MOTION for Extension of Time to File Response/Reply as to #25 Amended Complaint by Abhaya Shrestha. (Attachments: #1 Proposed Order)(Biles, Michael) Modified on 4/7/2020 (lt). |
| Filing 140 Unopposed MOTION for Extension of Time to File Answer by Crowe, LLP. (Attachments: #1 Proposed Order)(Homer, Carolyn) |
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Filing 139
ORDER GRANTING #136 Motion for Mark M. Elliott to Appear Pro Hac Vice on behalf of Scott Naugle. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 138
ORDER GRANTING #135 Motion for Jared R. Clark to Appear Pro Hac Vice on behalf of Scott Naugle. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 137
ORDER GRANTING #134 Unopposed Motion to extend Time to Respond to Plaintiff's First Amended Complaint; Scott Naugle answer due 4/30/2020. Signed by Judge Lee Yeakel. (lt)
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| Filing 136 MOTION to Appear Pro Hac Vice by Michael Dennis Marin for Mark M. Elliott ( Filing fee $ 100 receipt number 0542-13422250) by on behalf of Scott Naugle. (Marin, Michael) Modified on 4/3/2020 (lt). (Main Document 136 replaced on 4/3/2020 to flatten form) (lt). |
| Filing 135 MOTION to Appear Pro Hac Vice by Michael Dennis Marin for Jared R. Clark ( Filing fee $ 100 receipt number 0542-13422214) by on behalf of Scott Naugle. (Marin, Michael) Modified on 4/3/2020 (lt). (Main Document 135 replaced on 4/3/2020 to flatten form) (lt). Modified on 4/3/2020 (lt). |
| Filing 134 Unopposed MOTION for Extension of Time to File Response/Reply as to #25 Amended Complaint by Scott Naugle. (Attachments: #1 Proposed Order)(Marin, Michael) Modified on 4/6/2020 (lt). |
| Filing 133 NOTICE of Voluntary Dismissal by Millicent R. Barasch (Peiffer, Joseph) |
| Filing 132 SUMMONS Returned Executed by Millicent R. Barasch. Gentile Pismeny & Brengel, LLP served on 3/11/2020, answer due 4/30/2020. (Kane, Jason) |
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Filing 131
ORDER GRANTING #123 Motion for Stephen Spector to Appear Pro Hac Vice on behalf of EisnerAmper LLP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 130
ORDER GRANTING #122 Motion for Caroline A. Wong to Appear Pro Hac Vice on behalf of EisnerAmper LLP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 129
ORDER GRANTING #121 Motion Bruce R. Braun to Appear Pro Hac Vice on behalf of EisnerAmper LLP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 128
ORDER GRANTING #120 Motion For Extension of Time to Respond to Plaintiff's First Amended Complaint; Eisneramper LLP answer due 4/30/2020. Signed by Judge Lee Yeakel. (lt)
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Filing 127
ORDER GRANTING #116 Unopposed Motion to Extend Deadline; Crowe, LLP answer due 4/30/2020. Signed by Judge Lee Yeakel. (lt)
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| Filing 126 RULE 7 DISCLOSURE STATEMENT filed by Phoenix American Financial Services, Inc.. (Ashby, Danny) |
| Filing 125 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, Motion to Dismiss for Failure to State a Claim by Phoenix American Financial Services, Inc.. (Attachments: #1 Exhibit Petrecky Declaration)(Ashby, Danny) |
| Filing 124 RULE 7 DISCLOSURE STATEMENT filed by Eisneramper LLP. (Garcia, Yolanda) |
| Filing 123 MOTION to Appear Pro Hac Vice by Yolanda Cornejo Garcia for Stephen Spector ( Filing fee $ 100 receipt number 0542-13401945) by on behalf of Eisneramper LLP. (Garcia, Yolanda) |
| Filing 122 MOTION to Appear Pro Hac Vice by Yolanda Cornejo Garcia for Caroline Wong ( Filing fee $ 100 receipt number 0542-13401918) by on behalf of Eisneramper LLP. (Garcia, Yolanda) |
| Filing 121 MOTION to Appear Pro Hac Vice by Yolanda Cornejo Garcia for Bruce Braun ( Filing fee $ 100 receipt number 0542-13401875) by on behalf of Eisneramper LLP. (Garcia, Yolanda) |
| Filing 120 MOTION for Extension of Time to File Answer re #25 Amended Complaint by Eisneramper LLP. (Attachments: #1 Proposed Order)(Garcia, Yolanda) |
| Filing 119 NOTICE of Attorney Appearance by Yolanda Cornejo Garcia on behalf of Eisneramper LLP. Attorney Yolanda Cornejo Garcia added to party Eisneramper LLP(pty:dft) (Garcia, Yolanda) |
| Notice of Correction: re #118 Certificate of Service. All filings must be in proper pleading format including case style, case number, proper heading, attorney signature, and certificate of service, when required. No further action is required at this time, but please take note for future filing purposes. (lt) |
| Filing 118 CERTIFICATE OF SERVICE by Crowe, LLP #117 Notice of Appearance (Homer, Carolyn) |
| Filing 117 NOTICE of Attorney Appearance by Carolyn Homer on behalf of Crowe, LLP. Attorney Carolyn Homer added to party Crowe, LLP(pty:dft) (Homer, Carolyn) |
| Filing 116 Unopposed MOTION for Extension of Time to File Answer by Crowe, LLP. (Attachments: #1 Proposed Order)(Homer, Carolyn) |
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Filing 115
ORDER GRANTING #112 Unopposed Motion to Extend Deadline; David Gentile answer due 4/30/2020. Signed by Judge Lee Yeakel. (lt)
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Filing 114
ORDER GRANTING #111 Unopposed Motion to Extend Time to respond to Plaintiff's First Amended Complaint; Ascendant Capital, LLC, Ascendant Alternative Strategies, LLC, DJ Partners LLC, MR Ranger, LLC, Jeffry Schneider, Mark D. Martino and Dotty J. Bollinger answers due 4/30/2020. Signed by Judge Lee Yeakel. (lt)
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| Filing 113 SUMMONS Returned Executed by Millicent R. Barasch. Michael Cohn served on 3/25/2020, answer due 4/15/2020. (Kane, Jason) |
| Filing 112 Unopposed MOTION for Extension of Time to File Answer or Response by David Gentile. (Attachments: #1 Proposed Order Proposed Order)(Gilbert, Chris) |
| Filing 111 Unopposed MOTION for Extension of Time to File Response/Reply by Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Dotty J. Bollinger, DJ Partners LLC, Mark D. Martino, Mr. Ranger, LLC, Jeffry Schneider. (Attachments: #1 Proposed Order)(Battaglini, Kim) Modified on 3/26/2020 (lt). |
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Filing 110
ORDER GRANTING #107 Unopposed Motion to Extend Deadline to Answer or Otherwise Plead; Gentile Pismeny & Brengel, LLP answer due 4/30/2020. Signed by Judge Lee Yeakel. (lt)
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Filing 109
ORDER GRANTING #106 Unopposed Motion for Extension of Time to Respond to Plaintiff's First Amended Complaint; Robert Kessler, Gerald Francese, McAnna, LP, Rina Chernaya, and CKGF Holding LLC, answers due 4/30/2020. Signed by Judge Lee Yeakel. (lt)
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| Filing 108 NOTICE of Attorney Appearance by Kim Bernard Battaglini on behalf of Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Dotty J. Bollinger, Mark D. Martino, Mr. Ranger, LLC, Jeffry Schneider. Attorney Kim Bernard Battaglini added to party Ascendant Alternative Strategies, LLC(pty:dft), Attorney Kim Bernard Battaglini added to party Ascendant Capital, LLC(pty:dft), Attorney Kim Bernard Battaglini added to party Dotty J. Bollinger(pty:dft), Attorney Kim Bernard Battaglini added to party Mark D. Martino(pty:dft), Attorney Kim Bernard Battaglini added to party Mr. Ranger, LLC(pty:dft), Attorney Kim Bernard Battaglini added to party Jeffry Schneider(pty:dft) (Battaglini, Kim) |
| Filing 107 Unopposed MOTION for Extension of Time to File Answer by Gentile Pismeny & Brengel, LLP. (Attachments: #1 Proposed Order)(Johnson, Michael) Modified on 3/25/2020 (lt). |
| Filing 106 Unopposed MOTION for Extension of Time to File Answer re #25 Amended Complaint by CKGF Holding LLC, Rina Chernaya, Gerald Francese, Robert Kessler, McAnna, LP. (Attachments: #1 Proposed Order)(Reeves, Beverly) |
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Filing 105
ORDER GRANTING Plaintiff's #96 Unopposed Motion for Extension of Time to File Opposition to Certain Defendants' Motions to Dismiss. Signed by Judge Lee Yeakel. (lt)
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| Filing 104 SUMMONS Returned Executed by Millicent R. Barasch. DJ Partners LLC served on 3/16/2020, answer due 4/6/2020. (Kane, Jason) |
| Filing 103 SUMMONS Returned Executed by Millicent R. Barasch. Mark D. Martino served on 3/16/2020, answer due 4/6/2020. (Kane, Jason) |
| Filing 102 NOTICE of Attorney Appearance by Srimath Saliya Subasinghe on behalf of Abhaya Shrestha. Attorney Srimath Saliya Subasinghe added to party Abhaya Shrestha(pty:dft) (Subasinghe, Srimath) |
| Filing 101 NOTICE of Attorney Appearance by Jessica England on behalf of Abhaya Shrestha. Attorney Jessica England added to party Abhaya Shrestha(pty:dft) (England, Jessica) |
| Filing 100 NOTICE of Attorney Appearance by Michael J. Biles on behalf of Abhaya Shrestha. Attorney Michael J. Biles added to party Abhaya Shrestha(pty:dft) (Biles, Michael) |
| Filing 99 SUMMONS Returned Executed by Millicent R. Barasch. Abhaya Shrestha served on 3/19/2020, answer due 4/9/2020. (Kane, Jason) |
| Filing 98 SUMMONS Returned Executed by Millicent R. Barasch. Dotty J. Bollinger served on 3/14/2020, answer due 4/6/2020. (Kane, Jason) |
| Filing 97 NOTICE of Voluntary Dismissal by Millicent R. Barasch (Kane, Jason) |
| Filing 96 Unopposed MOTION for Extension of Time to File Answer Oppositions to Certain Defendants' Motion to Dismiss by Millicent R. Barasch. (Attachments: #1 Proposed Order)(Kane, Jason) Modified on 3/24/2020 (lt). |
| Filing 95 SUMMONS Returned Executed by Millicent R. Barasch. McAnna, LP served on 3/9/2020, answer due 3/30/2020. (Kane, Jason) |
| Filing 94 SUMMONS Returned Executed by Millicent R. Barasch. Phoenix American Financial Services, Inc. served on 3/9/2020, answer due 3/30/2020. (Kane, Jason) |
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Filing 93
ORDER GRANTING #92 Unopposed Motion to Extend Deadline for Responsive Pleading; RSM US LLP answer due 4/30/2020. Signed by Judge Lee Yeakel. (lt)
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| Filing 92 Unopposed MOTION for Extension of Time to File Answer re #25 Amended Complaint by RSM US LLP. (Attachments: #1 Proposed Order)(Chiarello, Katherine) |
| Filing 91 SUMMONS Returned Executed by Millicent R. Barasch. Crowe, LLP served on 3/9/2020, answer due 3/30/2020. (Kane, Jason) |
| Filing 90 SUMMONS Returned Executed by Millicent R. Barasch. Crowe Global served on 3/12/2020, answer due 4/2/2020. (Kane, Jason) |
| Filing 89 SUMMONS Returned Executed by Millicent R. Barasch. Eisneramper LLP served on 3/12/2020, answer due 4/2/2020. (Kane, Jason) |
| Filing 88 SUMMONS Returned Executed by Millicent R. Barasch. Ascendant Alternative Strategies, LLC served on 3/13/2020, answer due 4/3/2020. (Kane, Jason) |
| Filing 87 SUMMONS Returned Executed by Millicent R. Barasch. Ascendant Capital, LLC served on 3/13/2020, answer due 4/3/2020. (Kane, Jason) |
| Filing 86 SUMMONS Returned Executed by Millicent R. Barasch. Jeffry Schneider served on 3/13/2020, answer due 4/3/2020. (Kane, Jason) |
| Filing 85 SUMMONS Returned Executed by Millicent R. Barasch. Scott Naugle served on 3/15/2020, answer due 4/6/2020. (Kane, Jason) |
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Filing 84
ORDER GRANTING #80 Motion to Extend Time to Respond to Amended Complaint; David Gentile answer due 3/27/2020. Signed by Judge Lee Yeakel. (lt)
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Filing 83
ORDER GRANTING #76 Motion for J. Gordon Cooney, Jr. to Appear Pro Hac Vice on behalf of Phoenix American Financial Services, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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| Filing 82 SUMMONS Returned Executed by Millicent R. Barasch. Mr. Ranger, LLC served on 3/9/2020, answer due 3/30/2020. (Kane, Jason) |
| Filing 81 SUMMONS Returned Executed by Millicent R. Barasch. Minchung Kgil served on 3/9/2020, answer due 3/30/2020. (Kane, Jason) |
| Filing 80 Unopposed MOTION for Extension of Time to File Answer or Response by David Gentile. (Attachments: #1 Proposed Order Proposed Order)(Gilbert, Chris) |
| Filing 79 SUMMONS Returned Executed by Millicent R. Barasch. RSM US LLP served on 3/6/2020, answer due 3/27/2020. (Kane, Jason) |
| Filing 78 SUMMONS Returned Executed by Millicent R. Barasch. Axiom Capital Management, Inc. served on 3/6/2020, answer due 3/27/2020. (Kane, Jason) |
| Filing 77 SUMMONS Returned Executed by Millicent R. Barasch. Gerald Francese served on 3/9/2020, answer due 3/30/2020. (Kane, Jason) |
| Filing 76 MOTION to Appear Pro Hac Vice by Danny S. Ashby for J. Gordon Cooney, Jr. ( Filing fee $ 100 receipt number 0542-13333658) by on behalf of Phoenix American Financial Services, Inc.. (Attachments: #1 Proposed Order)(Ashby, Danny) |
| Filing 75 SUMMONS Returned Executed by Millicent R. Barasch. William Jacoby served on 3/7/2020, answer due 3/30/2020. (Kane, Jason) |
| Filing 74 RULE 7 DISCLOSURE STATEMENT filed by Axiom Capital Management, Inc.. (Stokes, Peter) |
| Filing 73 MOTION to Dismiss by Axiom Capital Management, Inc.. (Attachments: #1 Proposed Order)(Stokes, Peter) |
| Filing 72 MOTION to Dismiss by Michael Frost. (Whittlesey, David) |
| Filing 71 NOTICE of Attorney Appearance by Justin Roel Chapa on behalf of Phoenix American Financial Services, Inc.. Attorney Justin Roel Chapa added to party Phoenix American Financial Services, Inc.(pty:dft) (Chapa, Justin) |
| Filing 70 NOTICE of Attorney Appearance by Danny S. Ashby on behalf of Phoenix American Financial Services, Inc.. Attorney Danny S. Ashby added to party Phoenix American Financial Services, Inc.(pty:dft) (Ashby, Danny) |
| Filing 69 RULE 7 DISCLOSURE STATEMENT filed by GPB NYC Development, LP. (Rosenfeld, Tab) |
| Filing 68 RULE 7 DISCLOSURE STATEMENT filed by GPB Waste Management Fund, LP. (Rosenfeld, Tab) |
| Filing 67 RULE 7 DISCLOSURE STATEMENT filed by GPB Holdings Qualified, LP. (Rosenfeld, Tab) |
| Filing 66 RULE 7 DISCLOSURE STATEMENT filed by GPB Holdings III, LP. (Rosenfeld, Tab) |
| Filing 65 RULE 7 DISCLOSURE STATEMENT filed by GPB Holdings, LP. (Rosenfeld, Tab) |
| Filing 64 RULE 7 DISCLOSURE STATEMENT filed by GPB Holdings II, LP. (Rosenfeld, Tab) |
| Filing 63 RULE 7 DISCLOSURE STATEMENT filed by GPB Cold Storage, LP. (Rosenfeld, Tab) |
| Filing 62 RULE 7 DISCLOSURE STATEMENT filed by GPB Automotive Portfolio, LP. (Rosenfeld, Tab) |
| Filing 61 RULE 7 DISCLOSURE STATEMENT filed by GPB Capital Holdings, LLC. (Rosenfeld, Tab) |
| Filing 60 MOTION to Dismiss by Steven Frangioni. (Reeves, Beverly) |
| Filing 59 MOTION to Dismiss by Evan Myrianthopoulos. (Reeves, Beverly) |
| Filing 58 Unopposed MOTION for Leave to Exceed Page Limits re #57 MOTION to Dismiss by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB Holdings, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP. (Attachments: #1 Proposed Order)(Reeves, Beverly) |
| Filing 57 MOTION to Dismiss by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB Holdings, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP. (Attachments: #1 Bergenfeld Declaration, #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)(Kaplan, Steven) |
| Filing 56 SUMMONS Returned Executed by Millicent R. Barasch. Scott Naugle served on 12/26/2019, answer due 1/16/2020. (Kane, Jason) |
| Filing 55 SUMMONS Returned Executed by Millicent R. Barasch. Evan Myrianthopoulos served on 12/26/2019, answer due 1/16/2020. (Kane, Jason) |
| Filing 54 SUMMONS Returned Executed by Millicent R. Barasch. Minchung Kgil served on 12/30/2019, answer due 1/20/2020. (Kane, Jason) |
| Filing 53 SUMMONS Returned Executed by Millicent R. Barasch. William Jacoby served on 12/26/2019, answer due 1/16/2020. (Kane, Jason) |
| Filing 52 SUMMONS Returned Executed by Millicent R. Barasch. GPB Holdings, LP served 12/30/19 (Kane, Jason) Modified on 2/24/2020 (lt). |
| Filing 51 SUMMONS Returned Executed by Millicent R. Barasch. Michael Frost served on 1/3/2020, answer due 1/24/2020. (Kane, Jason) |
| Filing 50 SUMMONS Returned Executed by Millicent R. Barasch. Steven Frangioni served on 12/26/2019, answer due 1/16/2020. (Kane, Jason) |
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Filing 49
ORDER GRANTING #43 Unopposed Motion to Extend Deadline to Respond to Amended Complaint; GPB Defendants' answers due 3/10/2020. Signed by Judge Lee Yeakel. (lt)
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Filing 48
ORDER GRANTING #42 Motion to Extend Time To Respond to Plaintiff's First Amended Complaint; Steven Frangioni answer due 3/10/2020. Signed by Judge Lee Yeakel. (lt)
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Filing 47
ORDER GRANTING #41 Unopposed Motion to Extend Deadline to Answer or File Responsive Pleading; Michael Frost answer due 3/10/2020. Signed by Judge Lee Yeakel. (lt)
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Filing 46
ORDER GRANTING #40 Motion for Nicole E. Meyer to Appear Pro Hac Vice on behalf of GPB Capital Holdings, LLC; GPB Automotive Portfolio, LP; GPB Cold Storage, LP; GPB Holdings II, LP; GPB Holdings III, LP; GPB Holdings Qualified, LP; GPB Holdings, LP; GPB NYC Development, LP; GPB Waste Management Fund, LP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 45
ORDER GRANTING #39 Motion for Steven M. Kaplan to Appear Pro Hac Vice on behalf of GPB Capital Holdings, LLC; GPB Automotive Portfolio, LP; GPB Cold Storage, LP; GPB Holdings II, LP; GPB Holdings III, LP; GPB Holdings Qualified, LP; GPB Holdings, LP; GPB NYC Development, LP; GPB Waste Management Fund, LP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 44
ORDER GRANTING #38 Motion for Tab K. Rosenfeld to Appear Pro Hac Vice on behalf of GPB Capital Holdings, LLC; GPB Automotive Portfolio, LP; GPB Cold Storage, LP; GPB Holdings II, LP; GPB Holdings III, LP; GPB Holdings Qualified, LP; GPB Holdings, LP; GPB NYC Development, LP; GPB Waste Management Fund, LP. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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| Filing 43 Unopposed MOTION for Extension of Time to File Answer re #25 Amended Complaint by GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB Holdings, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP. (Attachments: #1 Proposed Order)(Reeves, Beverly) |
| Filing 42 Unopposed MOTION for Extension of Time to File Answer re #25 Amended Complaint by Steven Frangioni, Evan Myrianthopoulos. (Attachments: #1 Proposed Order)(Reeves, Beverly) |
| Filing 41 Unopposed MOTION for Extension of Time to File Answer re #25 Amended Complaint, #1 Complaint by Michael Frost. (Attachments: #1 Proposed Order)(Whittlesey, David) |
| Filing 40 MOTION to Appear Pro Hac Vice by Beverly Gayle Reeves for Nicole E. Meyer ( Filing fee $ 100 receipt number 0542-13222070) by on behalf of GP Holdings, LP, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP. (Reeves, Beverly) |
| Filing 39 MOTION to Appear Pro Hac Vice by Beverly Gayle Reeves for Steven M. Kaplan ( Filing fee $ 100 receipt number 0542-13222037) by on behalf of GP Holdings, LP, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP. (Reeves, Beverly) |
| Filing 38 MOTION to Appear Pro Hac Vice by Beverly Gayle Reeves for Tab K. Rosenfeld ( Filing fee $ 100 receipt number 0542-13221955) by on behalf of GP Holdings, LP, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP. (Reeves, Beverly) |
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Filing 37
ORDER GRANTING #36 Unopposed Motion to Extend Deadline to Answer or File Responsive Pleading; Axiom Capital Management, Inc. answer due 3/10/2020. Signed by Judge Lee Yeakel. (lt)
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| Filing 36 Unopposed MOTION for Extension of Time to File Answer re #25 Amended Complaint by Axiom Capital Management, Inc.. (Attachments: #1 Proposed Order)(Stokes, Peter) |
| Filing 35 RULE 7 DISCLOSURE STATEMENT filed by Axiom Capital Management, Inc.. (Stokes, Peter) |
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Filing 34
ORDER GRANTING #30 Unopposed Motion to Extend Deadline to Respond to Amended Complaint; GPB Capital Holdings, LLC answer due 2/24/2020. Signed by Judge Lee Yeakel. (jv2)
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Filing 33
ORDER GRANTING #29 Unopposed Motion to Extend Time to Respond to Plaintiff's First Amended Complaint. Steven Frangioni answer due 2/24/2020; Evan Myrianthopoulos answer due 2/24/2020. Signed by Judge Lee Yeakel. (jv2)
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Filing 32
ORDER GRANTING #28 Unopposed Motion to Extend Deadline to Answer or File Responsive Pleading; Michael Frost answer due 2/24/2020. Signed by Judge Lee Yeakel. (jv2)
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| Filing 31 NOTICE of Attorney Appearance by David Philip Whittlesey on behalf of Michael Frost (Whittlesey, David) |
| Filing 30 Unopposed MOTION for Extension of Time to File Answer re #25 Amended Complaint by GPB Capital Holdings, LLC. (Attachments: #1 Proposed Order)(Reeves, Beverly) |
| Filing 29 Unopposed MOTION for Extension of Time to File Answer re #25 Amended Complaint by Steven Frangioni, Evan Myrianthopoulos. (Attachments: #1 Proposed Order)(Reeves, Beverly) |
| Filing 28 Unopposed MOTION for Extension of Time to File Answer re #25 Amended Complaint by Michael Frost. (Attachments: #1 Proposed Order)(Whittlesey, David) |
| Filing 27 Summons Issued as to CKGF Holding LLC. (lt) |
| Filing 26 REQUEST FOR ISSUANCE OF SUMMONS by Millicent R. Barasch. (Kane, Jason) |
| Filing 25 AMENDED COMPLAINT against All Defendants amending, filed by Millicent R. Barasch. (Attachments: #1 Civil Cover Sheet)(Kane, Jason) |
| Filing 24 Summons Issued as to Ascendant Alternative Strategies, LLC, Ascendant Capital, LLC, Axiom Capital Management, Inc., Dotty J. Bollinger, Diana Chernaya, Rina Chernaya, Michael Cohn, Crowe Global, Crowe, LLP, DJ Partners LLC, Eisneramper LLP, Gerald Francese, Steven Frangioni, Michael Frost, GP Holdings, LP, GPB Automotive Portfolio, LP, GPB Capital Holdings, LLC, GPB Cold Storage, LP, GPB Holdings II, LP, GPB Holdings III, LP, GPB Holdings Qualified, LP, GPB NYC Development, LP, GPB Waste Management Fund, LP, David Gentile, Gentile Pismeny & Brengel, LLP, William Jacoby, Robert Kessler, Minchung Kgil, Mark D. Martino, McAnna, LP, Mr. Ranger, LLC, Evan Myrianthopoulos, Scott Naugle, Phoenix American Financial Services, Inc., RSM US LLP, Jeffry Schneider, Abhaya Shrestha, Manuel Frederico Vianna. (dm) |
| Filing 23 REQUEST FOR ISSUANCE OF SUMMONS by Millicent R. Barasch. (Kane, Jason) |
| Filing 22 Transcript filed of Proceedings held on December 2, 2019, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 12/31/2019, Redacted Transcript Deadline set for 1/10/2020, Release of Transcript Restriction set for 3/9/2020, (alr) |
| Filing 21 Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 12/2/2019. Written Order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) |
| Filing 20 REPLY in Support, filed by Kinnie Ma, re Motion to Consolidate Class Actions, Appoint Interim Co-Lead Class Counsel and Interim Liaison Counsel, and Transfer and Consolidate. (Weiss, Jesse) Modified on 12/2/2019 (lt). |
| Filing 19 Opposed MOTION for Leave to Exceed Page Limitation with respect to its Reply in Further Support of Motion to Consolidate Class Actions, Appoint Interim Co-Lead Class Counsel and Interim Liaison Counsel, and Transfer and Consolidate Subsequent Similar Cases by Millicent R. Barasch. (Attachments: #1 Proposed Order Granting Motion to Exceed Page Limitation)(Weiss, Jesse) |
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Filing 18
ORDER GRANTING #10 Motion for Matthew R. Wilson to Appear Pro Hac Vice on behalf of Millicent Barasch. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 17
ORDER GRANTING #9 Motion for Courtney M. Werning to Appear Pro Hac Vice on behalf of Millicent R. Barasch. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 16
ORDER GRANTING #8 Motion for David P. Meyer to Appear Pro Hac Vice on behalf of Millicent Barasch. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 15
ORDER GRANTING #7 Motion for Michael J. Boyle, Jr. to Appear Pro Hac Vice on behalf of Millicent Barasch. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 14
ORDER GRANTING #6 Motion for Joseph C. Peiffer to Appear Pro Hac Vice on behalf of Millicent R. Barasch. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 13
ORDER GRANTING #5 Motion for Jason J. Kane to Appear Pro Hac Vice on behalf of Millicent R. Barasch. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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Filing 12
ORDER GRANTING #4 Motion for Kevin P. Conway to Appear Pro Hac Vice on behalf of Millicent R. Barasch. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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| Filing 11 RESPONSE by Millicent R. Barasch to Motion For Consolidation and Appointment of Class Counsel, filed by Kinnie Ma. (Kelly, Lannie) Modified on 12/2/2019 (lt). |
| Filing 10 MOTION to Appear Pro Hac Vice by Lannie Todd Kelly For Matthew R. Wilson ( Filing fee $ 100 receipt number 0542-12879019) by on behalf of Millicent R. Barasch. (Attachments: #1 Proposed Order for Matthew Wilson)(Kelly, Lannie) |
| Filing 9 MOTION to Appear Pro Hac Vice by Lannie Todd Kelly For Courtney M. Werning ( Filing fee $ 100 receipt number 0542-12878959) by on behalf of Millicent R. Barasch. (Attachments: #1 Proposed Order For Courtney M. Werning)(Kelly, Lannie) |
| Filing 8 MOTION to Appear Pro Hac Vice by Lannie Todd Kelly for David P. Meyer ( Filing fee $ 100 receipt number 0542-12878932) by on behalf of Millicent R. Barasch. (Attachments: #1 Proposed Order for David P. Meyer)(Kelly, Lannie) |
| Filing 7 MOTION to Appear Pro Hac Vice by Lannie Todd Kelly for Michael J. Boyle, Jr. ( Filing fee $ 100 receipt number 0542-12878864) by on behalf of Millicent R. Barasch. (Attachments: #1 Proposed Order Michael J. Boyle, Jr.)(Kelly, Lannie) |
| Filing 6 MOTION to Appear Pro Hac Vice by Lannie Todd Kelly for Joseph C. Peiffer ( Filing fee $ 100 receipt number 0542-12876975) by on behalf of Millicent R. Barasch. (Attachments: #1 Proposed Order Joseph C. Peiffer)(Kelly, Lannie) |
| Filing 5 MOTION to Appear Pro Hac Vice by Lannie Todd Kelly Jason J. Kane ( Filing fee $ 100 receipt number 0542-12876933) by on behalf of Millicent R. Barasch. (Attachments: #1 Proposed Order Jason J. Kane)(Kelly, Lannie) |
| Filing 4 MOTION to Appear Pro Hac Vice by Lannie Todd Kelly Kevin P. Conway ( Filing fee $ 100 receipt number 0542-12876847) by on behalf of Millicent R. Barasch. (Attachments: #1 Proposed Order)(Kelly, Lannie) |
| Filing 3 MOTION for Leave to Exceed Page Limitation and grant leave to file Motion to Consolidate Class Actions, which motion and corresponding exhibits are attached hereto by Kinnie Ma (Attachments: #1 Proposed Order Granting Motion to Exceed Page Limit, #2 Exhibit 1 to Mtn to Exceed Page Limit-Motion to Consolidate, #3 Exhibit 1-Motion to Consolidate, #4 Exhibit 2-Motion to Consolidate, #5 Exhibit 3-Motion to Consolidate, #6 Exhibit 4-Motion to Consolidate, #7 Exhibit 5-Motion to Consolidate, #8 Exhibit 6-Motion to Consolidate, #9 Exhibit 7-Motion to Consolidate, #10 Proposed Order Granting Motion to Consolidate)(Weiss, Jesse) Modified on 11/13/2019 (lt). |
| Notice of Correction: re #3 MOTION for Leave to Exceed Page Limitation. When filing a Motion for Leave to Exceed Page Limitations in the AUSTIN Division, the document that exceeds the page limit should NOT be attached to the motion, but rather should be filed as a separate pleading. We will take the necessary steps to pull the Motion to Consolidate from the motion for leave to exceed page limit and add it to the docket record. No further action is required. Please note this information for future filing purposes(lt) |
| Filing 2 Pro Hac Vice Letter mailed to Michael J. Boyle, Jr., David Meyer, Joseph Peiffer, Courtney M. Werning, and Matthew R. Wilson for Plaintiff Millicent R. Barasch re: non-admitted status. (cj) |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-12811821), filed by Millicent Barasch. (Attachments: #1 Civil Cover Sheet)(Kelly, Lannie) |
| Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) |
| DEMAND for Trial by Jury by Millicent R. Barasch. (cj) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (cj) |
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