Stanley S. and Millicent R. Barasch Living Trust v. GPB Capital Holdings, LLC et al
Plaintiff: Millicent R. Barasch, The Stanley S. and Millicent R. Barasch Living Trust and Loretta DeHay
Defendant: 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
Petitioner: 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
Case Number: 1:2019cv01079
Filed: November 6, 2019
Court: US District Court for the Western District of Texas
Presiding Judge: Lee Yeakel
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2021 Opinion or Order 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 11, 2021 Opinion or Order Filing 291 ORDER GRANTING #289 Motion for Leave to File Excess Pages Signed by Judge Lee Yeakel. (cc3)
March 9, 2021 Filing 289 Unopposed MOTION for Leave to Exceed Page Limitation by Crowe, LLP, RSM US LLP. (Attachments: #1 Proposed Order)(Hoover, Kathryn)
March 4, 2021 Filing 288 NOTICE of Change of Address by Beverly Gayle Reeves (Reeves, Beverly)
February 12, 2021 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)
February 12, 2021 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)
February 12, 2021 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)
February 12, 2021 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)
February 9, 2021 Opinion or Order Filing 283 ORDER GRANTING #281 Unopposed Motion for Leave to Exceed page Limitation Signed by Judge Lee Yeakel. (cc3)
February 8, 2021 Opinion or Order Filing 282 ORDER GRANTING #280 Motion to Withdraw as Attorney as to Sharon M. Casola. Signed by Judge Lee Yeakel. (cc3)
February 8, 2021 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)
February 5, 2021 Filing 280 MOTION to Withdraw as Attorney Sharon M. Casola by Crowe, LLP. (Attachments: #1 Proposed Order)(Homer, Carolyn)
January 21, 2021 Opinion or Order 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)
January 15, 2021 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)
December 21, 2020 Filing 277 MOTION to Dismiss by Axiom Capital Management, Inc.. (Attachments: #1 Proposed Order)(Stokes, Peter)
December 21, 2020 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)
December 21, 2020 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)
December 21, 2020 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)
December 21, 2020 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)
December 21, 2020 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)
December 21, 2020 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).
December 21, 2020 Filing 270 MOTION to Dismiss Third Amended Complaint by David Gentile. (Gilbert, Chris)
December 21, 2020 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)
December 21, 2020 Filing 268 MOTION to Dismiss Plaintiffs' Third Amended Complaint by Michael Frost. (Whittlesey, David)
December 21, 2020 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)
December 21, 2020 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)
December 21, 2020 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)
December 21, 2020 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)
December 21, 2020 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)
December 16, 2020 Filing 262 COURT'S ADVISORY. Signed by Judge Lee Yeakel. (jv2)
December 16, 2020 Filing 261 ADVISORY TO THE COURT by Loretta DeHay, The Stanley S. and Millicent R. Barasch Living Trust re: Status of Defendants. (Boyle, Michael)
December 16, 2020 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).
December 14, 2020 Opinion or Order 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)
December 11, 2020 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)
December 11, 2020 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).
December 9, 2020 Opinion or Order 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)
November 11, 2020 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)
November 11, 2020 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)
November 11, 2020 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)
November 9, 2020 Filing 252 MOTION to Substitute Party by Millicent R. Barasch. (Attachments: #1 Exhibit 1--Declaration of Philip Barasch, #2 Proposed Order)(Boyle, Michael)
November 9, 2020 Filing 251 SUGGESTION OF DEATH as to Millicent R. Barasch . (Boyle, Michael)
November 9, 2020 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)
October 26, 2020 Opinion or Order Filing 249 AMENDED SCHEDULING ORDER. Signed by Judge Lee Yeakel. (lt)
October 23, 2020 Opinion or Order 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)
October 16, 2020 Filing 247 Proposed Scheduling Order by Millicent R. Barasch. (Peiffer, Joseph)
October 13, 2020 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)
October 13, 2020 Opinion or Order Filing 245 ORDER GRANTING Plaintiffs' #220 Motion for Leave to Exceed Page Limitation. Signed by Judge Lee Yeakel. (lt)
October 6, 2020 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)
October 1, 2020 Filing 243 NOTICE of Change of Address by Michael J. Boyle, Jr (Boyle, Michael)
September 24, 2020 Opinion or Order 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)
September 24, 2020 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)
September 23, 2020 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)
September 23, 2020 Opinion or Order Filing 239 ORDER GRANTING Plaintiffs' #238 Motion to Withdraw and Substitute Counsel of Record. Signed by Judge Lee Yeakel. (lt)
September 22, 2020 Filing 238 MOTION to Substitute Attorney by Millicent R. Barasch, Loretta DeHay. (Attachments: #1 Proposed Order)(Kelly, Lannie)
September 4, 2020 Filing 237 RESPONSE to #230 Order to Show Cause, by Millicent R. Barasch, Loretta DeHay. (Boyle, Michael)
September 4, 2020 Filing 236 Clerk's ENTRY OF DEFAULT as to Minchung Kgil (lt)
September 4, 2020 Filing 235 Summons Issued as to GPB Managed IT Fund. (lt)
September 3, 2020 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)
September 3, 2020 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)
September 2, 2020 Opinion or Order 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)
August 21, 2020 Opinion or Order 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)
August 21, 2020 Opinion or Order 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)
August 18, 2020 Opinion or Order 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)
August 18, 2020 Opinion or Order 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)
August 18, 2020 Opinion or Order Filing 227 ORDER GRANTING #225 Defendant EisnerAmper LLP's Motion to Withdraw Attorney Stephen Spector as Counsel. Signed by Judge Lee Yeakel. (lt)
August 14, 2020 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)
August 13, 2020 Filing 225 MOTION to Withdraw as Attorney by Eisneramper LLP. (Attachments: #1 Proposed Order)(Spector, Stephen)
August 10, 2020 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)
August 10, 2020 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)
August 10, 2020 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)
August 3, 2020 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)
August 3, 2020 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)
July 29, 2020 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)
July 29, 2020 Opinion or Order Filing 218 ORDER GRANTING Plaintiffs' #199 Motion for Leave to Exceed Page Limitation. Signed by Judge Lee Yeakel. (lt)
July 27, 2020 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)
July 24, 2020 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)
July 24, 2020 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)
July 20, 2020 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)
July 20, 2020 Filing 213 MOTION to Dismiss for Improper Venue and Forum Non Conveniens by Axiom Capital Management, Inc.. (Stokes, Peter)
July 20, 2020 Filing 212 MOTION to Dismiss by David Gentile. (Gilbert, Chris)
July 20, 2020 Filing 211 MOTION to Dismiss for Improper Venue by Crowe, LLP. (Homer, Carolyn)
July 20, 2020 Filing 210 MOTION to Dismiss Second Amended Complaint by RSM US LLP. (Hoover, Kathryn)
July 20, 2020 Filing 209 MOTION to Dismiss by Michael Frost. (Whittlesey, David)
July 20, 2020 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)
July 20, 2020 Filing 207 MOTION to Dismiss Second Amended Complaint by Evan Myrianthopoulos. (Pierce, Ryan)
July 20, 2020 Filing 206 MOTION to Dismiss Second Amended Complaint by Steven Frangioni. (Pierce, Ryan)
July 20, 2020 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)
July 20, 2020 Filing 204 MOTION to Dismiss by Scott Naugle. (Attachments: #1 Proposed Order)(Marin, Michael)
July 20, 2020 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)
July 20, 2020 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)
July 20, 2020 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)
July 17, 2020 Opinion or Order Filing 200 ORDER GRANTING Ma Plaintiffs' #193 Motion to Exceed Page Limitation. Signed by Judge Lee Yeakel. (lt)
July 17, 2020 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)
July 16, 2020 Opinion or Order 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)
July 16, 2020 Opinion or Order 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)
July 14, 2020 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)
July 14, 2020 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)
July 10, 2020 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)
July 10, 2020 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)
July 8, 2020 Filing 192 NOTICE of Voluntary Dismissal by Millicent R. Barasch (Peiffer, Joseph)
July 2, 2020 Filing 191 NOTICE of Voluntary Dismissal by Millicent R. Barasch, Loretta DeHay (Boyle, Michael)
June 30, 2020 Filing 190 AMENDED COMPLAINT Second against All Defendants amending #25 Amended Complaint, #1 Complaint., filed by Millicent R. Barasch.(Peiffer, Joseph)
June 29, 2020 Opinion or Order Filing 189 ORDER on Parties' Agreed to Consent/Joint Motion. Signed by Judge Lee Yeakel. (lt)
June 26, 2020 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)
May 29, 2020 Filing 187 RULE 7 DISCLOSURE STATEMENT filed by Crowe, LLP. (Homer, Carolyn)
May 29, 2020 Filing 186 MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim by Crowe, LLP. (Homer, Carolyn)
May 28, 2020 Opinion or Order 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)
May 28, 2020 Opinion or Order 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)
May 28, 2020 Opinion or Order 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)
May 28, 2020 Opinion or Order 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)
May 27, 2020 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)
May 26, 2020 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)
May 26, 2020 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)
May 26, 2020 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)
May 15, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
May 11, 2020 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)
May 8, 2020 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).
May 7, 2020 Filing 173 NOTICE of Voluntary Dismissal by Millicent R. Barasch (Peiffer, Joseph)
May 4, 2020 Opinion or Order 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)
May 4, 2020 Opinion or Order 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)
April 30, 2020 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).
April 30, 2020 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).
April 30, 2020 Filing 168 MOTION to Dismiss the First Amended Complaint by David Gentile. (Gilbert, Chris)
April 30, 2020 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)
April 30, 2020 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)
April 30, 2020 Filing 165 MOTION to Dismiss by Gentile Pismeny & Brengel, LLP. (Attachments: #1 Exhibit, #2 Proposed Order)(Johnson, Michael)
April 30, 2020 Filing 164 RULE 7 DISCLOSURE STATEMENT filed by RSM US LLP. (Chiarello, Katherine)
April 30, 2020 Filing 163 MOTION to Dismiss by RSM US LLP. (Attachments: #1 Proposed Order)(Chiarello, Katherine)
April 30, 2020 Filing 162 MOTION to Dismiss the First Amended Complaint, Filed by Michael Cohn. (Attachments: #1 Certificate Of Service)(Howell, Barrett)
April 30, 2020 Filing 161 MOTION to Dismiss by Scott Naugle. (Attachments: #1 Proposed Order)(Marin, Michael)
April 30, 2020 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)
April 30, 2020 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)
April 29, 2020 Opinion or Order 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)
April 29, 2020 Opinion or Order 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)
April 29, 2020 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).
April 29, 2020 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).
April 14, 2020 Opinion or Order 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)
April 13, 2020 Opinion or Order 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)
April 13, 2020 Opinion or Order 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)
April 13, 2020 Opinion or Order 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)
April 13, 2020 Opinion or Order 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)
April 13, 2020 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).
April 8, 2020 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)
April 8, 2020 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)
April 8, 2020 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)
April 8, 2020 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)
April 7, 2020 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)
April 7, 2020 Opinion or Order 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)
April 7, 2020 Opinion or Order 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)
April 6, 2020 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).
April 6, 2020 Filing 140 Unopposed MOTION for Extension of Time to File Answer by Crowe, LLP. (Attachments: #1 Proposed Order)(Homer, Carolyn)
April 6, 2020 Opinion or Order 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)
April 6, 2020 Opinion or Order 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)
April 6, 2020 Opinion or Order 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)
April 3, 2020 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).
April 3, 2020 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).
April 3, 2020 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).
April 3, 2020 Filing 133 NOTICE of Voluntary Dismissal by Millicent R. Barasch (Peiffer, Joseph)
April 2, 2020 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)
March 31, 2020 Opinion or Order 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)
March 31, 2020 Opinion or Order 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)
March 31, 2020 Opinion or Order 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)
March 31, 2020 Opinion or Order 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)
March 31, 2020 Opinion or Order Filing 127 ORDER GRANTING #116 Unopposed Motion to Extend Deadline; Crowe, LLP answer due 4/30/2020. Signed by Judge Lee Yeakel. (lt)
March 30, 2020 Filing 126 RULE 7 DISCLOSURE STATEMENT filed by Phoenix American Financial Services, Inc.. (Ashby, Danny)
March 30, 2020 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)
March 30, 2020 Filing 124 RULE 7 DISCLOSURE STATEMENT filed by Eisneramper LLP. (Garcia, Yolanda)
March 30, 2020 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)
March 30, 2020 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)
March 30, 2020 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)
March 30, 2020 Filing 120 MOTION for Extension of Time to File Answer re #25 Amended Complaint by Eisneramper LLP. (Attachments: #1 Proposed Order)(Garcia, Yolanda)
March 30, 2020 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)
March 30, 2020 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)
March 27, 2020 Filing 118 CERTIFICATE OF SERVICE by Crowe, LLP #117 Notice of Appearance (Homer, Carolyn)
March 27, 2020 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)
March 27, 2020 Filing 116 Unopposed MOTION for Extension of Time to File Answer by Crowe, LLP. (Attachments: #1 Proposed Order)(Homer, Carolyn)
March 27, 2020 Opinion or Order Filing 115 ORDER GRANTING #112 Unopposed Motion to Extend Deadline; David Gentile answer due 4/30/2020. Signed by Judge Lee Yeakel. (lt)
March 27, 2020 Opinion or Order 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)
March 27, 2020 Filing 113 SUMMONS Returned Executed by Millicent R. Barasch. Michael Cohn served on 3/25/2020, answer due 4/15/2020. (Kane, Jason)
March 26, 2020 Filing 112 Unopposed MOTION for Extension of Time to File Answer or Response by David Gentile. (Attachments: #1 Proposed Order Proposed Order)(Gilbert, Chris)
March 26, 2020 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).
March 26, 2020 Opinion or Order 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)
March 26, 2020 Opinion or Order 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)
March 25, 2020 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)
March 24, 2020 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).
March 24, 2020 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)
March 23, 2020 Opinion or Order 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)
March 23, 2020 Filing 104 SUMMONS Returned Executed by Millicent R. Barasch. DJ Partners LLC served on 3/16/2020, answer due 4/6/2020. (Kane, Jason)
March 23, 2020 Filing 103 SUMMONS Returned Executed by Millicent R. Barasch. Mark D. Martino served on 3/16/2020, answer due 4/6/2020. (Kane, Jason)
March 23, 2020 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)
March 23, 2020 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)
March 23, 2020 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)
March 23, 2020 Filing 99 SUMMONS Returned Executed by Millicent R. Barasch. Abhaya Shrestha served on 3/19/2020, answer due 4/9/2020. (Kane, Jason)
March 20, 2020 Filing 98 SUMMONS Returned Executed by Millicent R. Barasch. Dotty J. Bollinger served on 3/14/2020, answer due 4/6/2020. (Kane, Jason)
March 20, 2020 Filing 97 NOTICE of Voluntary Dismissal by Millicent R. Barasch (Kane, Jason)
March 20, 2020 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).
March 20, 2020 Filing 95 SUMMONS Returned Executed by Millicent R. Barasch. McAnna, LP served on 3/9/2020, answer due 3/30/2020. (Kane, Jason)
March 20, 2020 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)
March 19, 2020 Opinion or Order 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)
March 18, 2020 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)
March 17, 2020 Filing 91 SUMMONS Returned Executed by Millicent R. Barasch. Crowe, LLP served on 3/9/2020, answer due 3/30/2020. (Kane, Jason)
March 17, 2020 Filing 90 SUMMONS Returned Executed by Millicent R. Barasch. Crowe Global served on 3/12/2020, answer due 4/2/2020. (Kane, Jason)
March 17, 2020 Filing 89 SUMMONS Returned Executed by Millicent R. Barasch. Eisneramper LLP served on 3/12/2020, answer due 4/2/2020. (Kane, Jason)
March 17, 2020 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)
March 17, 2020 Filing 87 SUMMONS Returned Executed by Millicent R. Barasch. Ascendant Capital, LLC served on 3/13/2020, answer due 4/3/2020. (Kane, Jason)
March 17, 2020 Filing 86 SUMMONS Returned Executed by Millicent R. Barasch. Jeffry Schneider served on 3/13/2020, answer due 4/3/2020. (Kane, Jason)
March 17, 2020 Filing 85 SUMMONS Returned Executed by Millicent R. Barasch. Scott Naugle served on 3/15/2020, answer due 4/6/2020. (Kane, Jason)
March 16, 2020 Opinion or Order 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)
March 16, 2020 Opinion or Order 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)
March 16, 2020 Filing 82 SUMMONS Returned Executed by Millicent R. Barasch. Mr. Ranger, LLC served on 3/9/2020, answer due 3/30/2020. (Kane, Jason)
March 13, 2020 Filing 81 SUMMONS Returned Executed by Millicent R. Barasch. Minchung Kgil served on 3/9/2020, answer due 3/30/2020. (Kane, Jason)
March 13, 2020 Filing 80 Unopposed MOTION for Extension of Time to File Answer or Response by David Gentile. (Attachments: #1 Proposed Order Proposed Order)(Gilbert, Chris)
March 12, 2020 Filing 79 SUMMONS Returned Executed by Millicent R. Barasch. RSM US LLP served on 3/6/2020, answer due 3/27/2020. (Kane, Jason)
March 12, 2020 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)
March 12, 2020 Filing 77 SUMMONS Returned Executed by Millicent R. Barasch. Gerald Francese served on 3/9/2020, answer due 3/30/2020. (Kane, Jason)
March 12, 2020 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)
March 12, 2020 Filing 75 SUMMONS Returned Executed by Millicent R. Barasch. William Jacoby served on 3/7/2020, answer due 3/30/2020. (Kane, Jason)
March 10, 2020 Filing 74 RULE 7 DISCLOSURE STATEMENT filed by Axiom Capital Management, Inc.. (Stokes, Peter)
March 10, 2020 Filing 73 MOTION to Dismiss by Axiom Capital Management, Inc.. (Attachments: #1 Proposed Order)(Stokes, Peter)
March 10, 2020 Filing 72 MOTION to Dismiss by Michael Frost. (Whittlesey, David)
March 10, 2020 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)
March 10, 2020 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)
March 10, 2020 Filing 69 RULE 7 DISCLOSURE STATEMENT filed by GPB NYC Development, LP. (Rosenfeld, Tab)
March 10, 2020 Filing 68 RULE 7 DISCLOSURE STATEMENT filed by GPB Waste Management Fund, LP. (Rosenfeld, Tab)
March 10, 2020 Filing 67 RULE 7 DISCLOSURE STATEMENT filed by GPB Holdings Qualified, LP. (Rosenfeld, Tab)
March 10, 2020 Filing 66 RULE 7 DISCLOSURE STATEMENT filed by GPB Holdings III, LP. (Rosenfeld, Tab)
March 10, 2020 Filing 65 RULE 7 DISCLOSURE STATEMENT filed by GPB Holdings, LP. (Rosenfeld, Tab)
March 10, 2020 Filing 64 RULE 7 DISCLOSURE STATEMENT filed by GPB Holdings II, LP. (Rosenfeld, Tab)
March 10, 2020 Filing 63 RULE 7 DISCLOSURE STATEMENT filed by GPB Cold Storage, LP. (Rosenfeld, Tab)
March 10, 2020 Filing 62 RULE 7 DISCLOSURE STATEMENT filed by GPB Automotive Portfolio, LP. (Rosenfeld, Tab)
March 10, 2020 Filing 61 RULE 7 DISCLOSURE STATEMENT filed by GPB Capital Holdings, LLC. (Rosenfeld, Tab)
March 10, 2020 Filing 60 MOTION to Dismiss by Steven Frangioni. (Reeves, Beverly)
March 10, 2020 Filing 59 MOTION to Dismiss by Evan Myrianthopoulos. (Reeves, Beverly)
March 10, 2020 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)
March 10, 2020 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)
February 24, 2020 Filing 56 SUMMONS Returned Executed by Millicent R. Barasch. Scott Naugle served on 12/26/2019, answer due 1/16/2020. (Kane, Jason)
February 24, 2020 Filing 55 SUMMONS Returned Executed by Millicent R. Barasch. Evan Myrianthopoulos served on 12/26/2019, answer due 1/16/2020. (Kane, Jason)
February 24, 2020 Filing 54 SUMMONS Returned Executed by Millicent R. Barasch. Minchung Kgil served on 12/30/2019, answer due 1/20/2020. (Kane, Jason)
February 24, 2020 Filing 53 SUMMONS Returned Executed by Millicent R. Barasch. William Jacoby served on 12/26/2019, answer due 1/16/2020. (Kane, Jason)
February 24, 2020 Filing 52 SUMMONS Returned Executed by Millicent R. Barasch. GPB Holdings, LP served 12/30/19 (Kane, Jason) Modified on 2/24/2020 (lt).
February 24, 2020 Filing 51 SUMMONS Returned Executed by Millicent R. Barasch. Michael Frost served on 1/3/2020, answer due 1/24/2020. (Kane, Jason)
February 24, 2020 Filing 50 SUMMONS Returned Executed by Millicent R. Barasch. Steven Frangioni served on 12/26/2019, answer due 1/16/2020. (Kane, Jason)
February 24, 2020 Opinion or Order 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)
February 24, 2020 Opinion or Order 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)
February 24, 2020 Opinion or Order 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)
February 24, 2020 Opinion or Order 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)
February 24, 2020 Opinion or Order 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)
February 24, 2020 Opinion or Order 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)
February 20, 2020 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)
February 19, 2020 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)
February 18, 2020 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)
February 18, 2020 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)
February 18, 2020 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)
February 18, 2020 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)
February 18, 2020 Opinion or Order 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)
February 14, 2020 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)
February 14, 2020 Filing 35 RULE 7 DISCLOSURE STATEMENT filed by Axiom Capital Management, Inc.. (Stokes, Peter)
January 23, 2020 Opinion or Order 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)
January 23, 2020 Opinion or Order 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)
January 23, 2020 Opinion or Order 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)
January 16, 2020 Filing 31 NOTICE of Attorney Appearance by David Philip Whittlesey on behalf of Michael Frost (Whittlesey, David)
January 16, 2020 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)
January 16, 2020 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)
January 16, 2020 Filing 28 Unopposed MOTION for Extension of Time to File Answer re #25 Amended Complaint by Michael Frost. (Attachments: #1 Proposed Order)(Whittlesey, David)
January 15, 2020 Filing 27 Summons Issued as to CKGF Holding LLC. (lt)
January 15, 2020 Filing 26 REQUEST FOR ISSUANCE OF SUMMONS by Millicent R. Barasch. (Kane, Jason)
January 9, 2020 Filing 25 AMENDED COMPLAINT against All Defendants amending, filed by Millicent R. Barasch. (Attachments: #1 Civil Cover Sheet)(Kane, Jason)
December 20, 2019 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)
December 19, 2019 Filing 23 REQUEST FOR ISSUANCE OF SUMMONS by Millicent R. Barasch. (Kane, Jason)
December 10, 2019 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)
December 2, 2019 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)
December 1, 2019 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).
December 1, 2019 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)
November 22, 2019 Opinion or Order 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)
November 22, 2019 Opinion or Order 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)
November 22, 2019 Opinion or Order 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)
November 22, 2019 Opinion or Order 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)
November 22, 2019 Opinion or Order 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)
November 22, 2019 Opinion or Order 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)
November 22, 2019 Opinion or Order 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)
November 22, 2019 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).
November 21, 2019 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)
November 21, 2019 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)
November 21, 2019 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)
November 21, 2019 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)
November 21, 2019 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)
November 21, 2019 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)
November 21, 2019 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)
November 13, 2019 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).
November 13, 2019 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)
November 6, 2019 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)
November 6, 2019 Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-12811821), filed by Millicent Barasch. (Attachments: #1 Civil Cover Sheet)(Kelly, Lannie)
November 6, 2019 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)
November 6, 2019 DEMAND for Trial by Jury by Millicent R. Barasch. (cj)
November 6, 2019 If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (cj)

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Search for this case: Stanley S. and Millicent R. Barasch Living Trust v. GPB Capital Holdings, LLC et al
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Defendant: Doe Auditors 1 through 10
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Defendant: Axiom Capital Management, Inc.
Represented By: Gerard G. Pecht
Represented By: Peter Andrew Stokes
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Defendant: Scott Naugle
Represented By: Mark M. Elliott
Represented By: Jared R. Clark
Represented By: Michael Dennis Marin
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Defendant: Phoenix American Financial Services, Inc.
Represented By: Danny S. Ashby
Represented By: J. Gordon Cooney, Jr.
Represented By: Justin Roel Chapa
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Defendant: Crowe Global
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Defendant: Robert Kessler
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Beverly Gayle Reeves
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Defendant: CKFG Holding LLC
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Defendant: Diana Chernaya
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Defendant: GPB NYC Development, LP
Represented By: Nicole E. Meyer
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Tab K. Rosenfeld
Represented By: Beverly Gayle Reeves
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Defendant: GPB Waste Management Fund, LP
Represented By: Nicole E. Meyer
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Tab K. Rosenfeld
Represented By: Beverly Gayle Reeves
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Defendant: Mark D. Martino
Represented By: Kim Bernard Battaglini
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Defendant: Eisneramper LLP
Represented By: Bruce R. Braun
Represented By: Stephen Spector
Represented By: Daniel Joseph Cohen
Represented By: Caroline A. Wong
Represented By: Yolanda Cornejo Garcia
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Defendant: DJ Partners LLC
Represented By: Kim Bernard Battaglini
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Defendant: David Gentile
Represented By: Leif T. Simonson
Represented By: William F. McGovern
Represented By: Chris Lee Gilbert
Represented By: Laura Maria Gonzalez
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Defendant: Jeffry Schneider
Represented By: Kim Bernard Battaglini
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Defendant: Gentile Pismeny & Brengel, LLP
Represented By: Michael B. Johnson
Represented By: Erika M. Laremont
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Defendant: McAnna, LP
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Beverly Gayle Reeves
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Defendant: Minchung Kgil
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Defendant: Michael Cohn
Represented By: Jake A. Nussbaum
Represented By: Alan J. Brudner
Represented By: Barrett R. Howell
Represented By: Michael M. Rosensaft
Represented By: Scott A. Resnik
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Defendant: Mr. Ranger, LLC
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Defendant: Abhaya Shrestha
Represented By: Jessica England
Represented By: Srimath Saliya Subasinghe
Represented By: Michael J. Biles
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Defendant: GPB Holdings II, LP
Represented By: Nicole E. Meyer
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Tab K. Rosenfeld
Represented By: Beverly Gayle Reeves
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Defendant: Crowe, LLP
Represented By: Carolyn Homer
Represented By: Jordan D. Cook
Represented By: Dennis Mai
Represented By: John J. Barber
Represented By: Kevin M. McDonough
Represented By: Sharon M. Casola
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Defendant: Manuel Frederico Vianna
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Defendant: GPB Capital Holdings, LLC
Represented By: Nicole E. Meyer
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Tab K. Rosenfeld
Represented By: Beverly Gayle Reeves
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Defendant: Steven Frangioni
Represented By: Ryan M. Pierce
Represented By: Beverly Gayle Reeves
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Defendant: Michael Frost
Represented By: David Philip Whittlesey
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Defendant: Ascendant Capital, LLC
Represented By: Kim Bernard Battaglini
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Defendant: Rina Chernaya
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Beverly Gayle Reeves
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Defendant: William Jacoby
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Defendant: GPB Holdings Qualified, LP
Represented By: Nicole E. Meyer
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Tab K. Rosenfeld
Represented By: Beverly Gayle Reeves
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Defendant: Evan Myrianthopoulos
Represented By: Ryan M. Pierce
Represented By: Beverly Gayle Reeves
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Defendant: Ascendant Alternative Strategies, LLC
Represented By: Kim Bernard Battaglini
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Defendant: Dotty J. Bollinger
Represented By: Kim Bernard Battaglini
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Defendant: RSM US LLP
Represented By: Katherine M. Turner
Represented By: Kathryn E. Hoover
Represented By: Steven M. Farina
Represented By: Katherine Patrice Chiarello
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Defendant: GPB Cold Storage, LP
Represented By: Nicole E. Meyer
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Tab K. Rosenfeld
Represented By: Beverly Gayle Reeves
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Defendant: GPB Holdings III, LP
Represented By: Nicole E. Meyer
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Tab K. Rosenfeld
Represented By: Beverly Gayle Reeves
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Defendant: Gerald Francese
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Beverly Gayle Reeves
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Defendant: GPB Automotive Portfolio, LP
Represented By: Nicole E. Meyer
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Tab K. Rosenfeld
Represented By: Beverly Gayle Reeves
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Defendant: GP Holdings, LP
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Defendant: McGladrey LLP
Represented By: Katherine M. Turner
Represented By: Kathryn E. Hoover
Represented By: Steven M. Farina
Represented By: Katherine Patrice Chiarello
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Defendant: Highline Management, Inc.
Represented By: Steven M. Kaplan
Represented By: Nicole E. Meyer
Represented By: Tab K. Rosenfeld
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Defendant: CKGF Holding LLC
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Beverly Gayle Reeves
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Defendant: GPB Managed IT Fund
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Defendant: Austin Lake Technologies, LLC
Represented By: David Philip Whittlesey
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Defendant: MR Ranger, LLC
Represented By: Kim Bernard Battaglini
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Defendant: GPB Holdings, LP
Represented By: Nicole E. Meyer
Represented By: Steven M. Kaplan
Represented By: Ryan M. Pierce
Represented By: Tab K. Rosenfeld
Represented By: Beverly Gayle Reeves
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Plaintiff: Millicent R. Barasch
Represented By: Lannie Todd Kelly
Represented By: Kevin P. Conway
Represented By: Courtney M. Werning
Represented By: Michael J. Boyle, Jr.
Represented By: Joseph C. Peiffer
Represented By: David P. Meyer
Represented By: Matthew R. Wilson
Represented By: Jason J. Kane
Represented By: Timothy S. DeJong
Represented By: Gavin E. Rush
Represented By: Megan K. Houlihan
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Plaintiff: The Stanley S. and Millicent R. Barasch Living Trust
Represented By: Kevin P. Conway
Represented By: Jason J. Kane
Represented By: Timothy S. DeJong
Represented By: Matthew R. Wilson
Represented By: Gavin E. Rush
Represented By: Megan K. Houlihan
Represented By: Daniel B. Centner
Represented By: Courtney M. Werning
Represented By: Michael J. Boyle, Jr.
Represented By: Joseph C. Peiffer
Represented By: David P. Meyer
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Plaintiff: Loretta DeHay
Represented By: Kevin P. Conway
Represented By: Jason J. Kane
Represented By: Matthew R. Wilson
Represented By: Gavin E. Rush
Represented By: Daniel B. Centner
Represented By: Courtney M. Werning
Represented By: Michael J. Boyle, Jr.
Represented By: Joseph C. Peiffer
Represented By: David P. Meyer
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Petitioner: Kinnie Ma Individual Retirement Account, individually and on behalf of all others similarly situated,
Represented By: Jesse Zachary Weiss
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Petitioner: Jeffery S. Gramm Individual Retirement Account
Represented By: Jesse Zachary Weiss
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Petitioner: Corri Rene Eden
Represented By: Jesse Zachary Weiss
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Petitioner: Catherine Kominos
Represented By: Jesse Zachary Weiss
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Petitioner: Robert A. Stone Living Trust, dated January 9, 1992, as amended May 24, 2005
Represented By: Jesse Zachary Weiss
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Petitioner: Stacy Greasor Individual Retirement Account
Represented By: Jesse Zachary Weiss
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Petitioner: Dean Crooks
Represented By: Jesse Zachary Weiss
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Petitioner: Shirley Stone Living Trust, dated January 9, 1992, as amended May 24, 2005
Represented By: Jesse Zachary Weiss
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Petitioner: Karen Loch
Represented By: Jesse Zachary Weiss
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Petitioner: Victor Wade Individual Retirement Account
Represented By: Jesse Zachary Weiss
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