WAGNER HOLDING CORP. v. INVISION FUNDING LLC et al
| Wagner Holding Corp. doing business as The Blue Rock Cafe |
| Invision Fudning, LLC, Kapitus Serviving, Inc., John Doe's 1-10, Abc Corps, Invision Funding, LLC and Kapitus Servicing, Inc. |
| 1:2021cv01411 |
| December 21, 2021 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| John F Anderson |
| Leonie M Brinkema |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on February 15, 2022. A more recent docket listing may be available from PACER.
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Filing 62
ORDERED that the hearing scheduled for Friday, February 18, 2022, be and is CANCELLED; and it is further ORDERED that defendants inform the Court by Tuesday, February 22, 2022, whether they object to plaintiff filing an amended complaint, and whether they plan to file an amended motion to dismiss or proceed on their pending one. Signed by District Judge Leonie M. Brinkema on 2/15/2022. (shea)
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Notice of Correction re #55 MOTION to Dismiss for Failure to State a Claim ; The filing user have been notified to file a notice of hearing or waiver of oral argument. (shea)
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***Motion Hearing terminated (shea)
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Set Deadlines as to #60 MOTION for Leave to File Amended Complaint. Motion Hearing set for 3/11/2022 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (clar, )
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MOTIONS REFERRED to Magistrate Judge: Anderson. #60 MOTION for Leave to File Amended Complaint (clar, )
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Filing 61
Notice of Hearing Date set for March 11, 2022 re #60 MOTION for Leave to File Amended Complaint (Einstein, Joy)
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Filing 60
MOTION for Leave to File Amended Complaint by Wagner Holding Corp.. (Attachments: #1 Memorandum in Support, #2 Affidavit in Support, #3 Proposed Order)(Einstein, Joy)
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Filing 59
ORDERED the hearing scheduled for February 18, 2022, will be in person, and it is further ORDERED that defendants style any further requests on the ECF system as a motion rather than a notice (see order for details). Signed by District Judge Leonie M. Brinkema on 2/14/2022. (shea)
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Filing 58
CERTIFICATE OF SERVICE by Invision Funding, LLC, Kapitus Servicing, Inc. re #57 NOTICE, of Request to Appear Virtually (Hennigan, Timothy)
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Filing 57
NOTICE by Invision Funding, LLC, Kapitus Servicing, Inc. re Set Motion and R&R Deadlines/Hearings, #55 MOTION to Dismiss for Failure to State a Claim Request to Appear Virtually (Attachments: #1 Supplement Declaration of R. Malatak, #2 Proposed Order)(Hennigan, Timothy)
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Set Deadlines as to #55 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 2/18/2022 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, )
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Filing 56
CERTIFICATE OF SERVICE by Invision Funding, LLC, Kapitus Servicing, Inc. re #55 MOTION to Dismiss for Failure to State a Claim (Hennigan, Timothy)
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Filing 55
MOTION to Dismiss for Failure to State a Claim by Invision Funding, LLC, Kapitus Servicing, Inc.. (Hennigan, Timothy)
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Filing 54
Rule 26 Disclosure by Invision Fudning, LLC, Kapitus Serviving, Inc.. (Hennigan, Timothy)
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Filing 53
Rebuttal Brief re #46 MOTION to Dismiss for Failure to State a Claim Reply Brief in Support of Motion to Dismiss filed by Invision Fudning, LLC, Kapitus Serviving, Inc.. (Hennigan, Timothy)
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Filing 52
Opposition to #46 MOTION to Dismiss for Failure to State a Claim filed by Wagner Holding Corp.. (Einstein, Joy)
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Filing 51
ORDER granting #48 Motion for Pro hac vice Appointed Sean F. Byrnes for Wagner Holding Corp.. Signed by District Judge Leonie M. Brinkema on 1/13/2022. (clar, )
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Filing 50
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: The Joint Discovery Plan filed by the parties is adopted in part with the following modifications and shall control discovery to the extent of its application unless further modified by the court. Signed by Magistrate Judge John F. Anderson on 01/12/2022. SEE ORDER FOR FURTHER DETAILS. (wgar, )
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Filing 49
Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Initial Pretrial Conference held on 1/12/2022 via ZoomGov. Appearance of counsel for plaintiff and defendants. Discovery plan adopted in part. Order to issue. (wgar, )
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Filing 48
Motion to appear Pro Hac Vice by Sean Byrnes and Certification of Local Counsel Joy Catherine Einstein Filing fee $ 75, receipt number AVAEDC-8190851. by Wagner Holding Corp.. (Einstein, Joy)
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Filing 47
CERTIFICATE OF SERVICE by Invision Fudning, LLC, Kapitus Serviving, Inc. re #46 MOTION to Dismiss for Failure to State a Claim (Hennigan, Timothy)
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Filing 46
Notice of Hearing on #55 MOTION to Dismiss for Failure to State a Claim by Invision Fudning, LLC, Kapitus Serviving, Inc.. (Attachments: #1 Supplement Memorandum of Law, #2 Supplement Declaration of Jason Bishop, #3 Proposed Order)(Hennigan, Timothy) Modified text on 2/11/2022 (clar, ). Modified docket entry relationship on 2/11/2022 (clar, ).
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Filing 45
NOTICE of Appearance by Joy Catherine Einstein on behalf of Wagner Holding Corp. (Einstein, Joy)
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Filing 44
ORDER granting #38 Motion for Pro hac vice Appointed Robert Jerome Malatak for Invision Fudning, LLC,Robert Jerome Malatak for Kapitus Serviving, Inc.. Signed by District Judge Leonie M. Brinkema on 1/11/2022. (clar, )
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Filing 43
ORDER denying #39 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 1/11/2022. (clar, )
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Filing 42
ORDER denying #40 MOTION for Leave to File Exceeding Page Limit (see order for details). Signed by District Judge Leonie M. Brinkema on 1/11/2022. (shea)
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Filing 41
CERTIFICATE OF SERVICE by Invision Fudning, LLC, Kapitus Serviving, Inc. re #40 MOTION for Leave to File Exceeding Page Limit (Hennigan, Timothy)
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Filing 40
MOTION for Leave to File Exceeding Page Limit by Invision Fudning, LLC, Kapitus Serviving, Inc.. (Attachments: #1 Supplement Declaration of Timothy A. Hennigan, #2 Proposed Order)(Hennigan, Timothy)
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Reset Scheduling Order Deadlines: Initial Pretrial Conference reset for 1/12/2022 at 10:00 AM in Alexandria Remote before Magistrate Judge John F. Anderson. (wgar, )
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Filing 39
Motion to appear Pro Hac Vice by Aryana Paymana Badery and Certification of Local Counsel Timothy A. Hennigan Filing fee $ 75, receipt number AVAEDC-8185035. by Invision Fudning, LLC, Kapitus Serviving, Inc.. (Hennigan, Timothy)
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Filing 38
Motion to appear Pro Hac Vice by Robert Jerome Malatak and Certification of Local Counsel Timothy A. Hennigan Filing fee $ 75, receipt number AVAEDC-8185032. by Invision Fudning, LLC, Kapitus Serviving, Inc.. (Hennigan, Timothy)
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Filing 37
ORDER denying #33 Motion for Pro Se E-Noticing (see Order for details). Signed by Magistrate Judge John F. Anderson on 1/6/2022. (kgall)
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Filing 36
ORDER denying #31 Motion for Pro hac vice by Robert Jerome Malatak (see Order for details). Signed by Magistrate Judge John F. Anderson on 1/6/2022. (kgall)
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Filing 35
ORDER denying #32 Motion for Pro hac vice by Aryana Paymana Badery (see Order for details). Signed by Magistrate Judge John F. Anderson on 1/6/2022. (kgall)
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Filing 34
Joint Discovery Plan by Invision Fudning, LLC, Kapitus Serviving, Inc..(Hennigan, Timothy)
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Filing 33
MOTION for Pro Se E-Noticing by Invision Fudning, LLC, Kapitus Serviving, Inc.. (Hennigan, Timothy)
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Filing 32
Motion to appear Pro Hac Vice by Aryana Paymana Badery and Certification of Local Counsel Timothy A. Hennigan Filing fee $ 75, receipt number AVAEDC-8181502. by Invision Fudning, LLC, Kapitus Serviving, Inc.. (Hennigan, Timothy)
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Filing 31
Motion to appear Pro Hac Vice by Robert Jerome Malatak and Certification of Local Counsel Timothy A. Hennigan Filing fee $ 75, receipt number AVAEDC-8181500. by Invision Fudning, LLC, Kapitus Serviving, Inc.. (Hennigan, Timothy)
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Filing 30
NOTICE of Appearance by Timothy Andrew Hennigan on behalf of Invision Fudning, LLC, Kapitus Serviving, Inc. (Hennigan, Timothy)
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Filing 29
SCHEDULING ORDER: Initial Pretrial Conference set for 1/12/2022 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 5/19/2022 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Discovery due by 5/13/2022. Signed by District Judge Leonie M. Brinkema on 12/22/2021. (Attachments: #1 Pretrial Notice, #2 Magistrate Judge Consent Form)(jlan)
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Filing 28
ORDERED that by Friday, January 7, 2022, the parties ensure that an attorney who is admitted to the bar of this court enter an appearance, and it is further ORDERED that a scheduling order, which will replace any previously imposed scheduling order, will be issued with this Order (see order for details). Signed by District Judge Leonie M. Brinkema on 12/22/2021. (shea)
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Filing 27
Case transferred in from District of New Jersey; Case Number 3:21-cv-10538. Original file and docket sheet received.
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Notification of transfer of civil case from the District of New Jersey Case No. 3:21cv10538 to the Eastern District of Virginia. (ldab, )
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Filing 26
ORDER granting the Motion to Transfer Venue #11 ; the Defendants Motion to Dismiss #11 is DENIED without prejudice; the Clerk of the Court is directed to transfer this case to the United States District Court for the Eastern District of Virginia. Signed by Chief Judge Freda L. Wolfson on 12/20/2021. (jem) [Transferred from New Jersey on 12/21/2021.]
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Filing 25
OPINION filed. Signed by Chief Judge Freda L. Wolfson on 12/20/2021. (jem) [Transferred from New Jersey on 12/21/2021.]
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***Civil Case Terminated. (jem) [Transferred from New Jersey on 12/21/2021.]
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Filing 24
REPLY to Response to Motion filed by INVISION FUDNING, LLC, KAPITUS SERVIVING, INC. re #11 MOTION to Dismiss Pursuant to Rule 12(B)(6) And / Or Transfer Venue Pursuant to 28 U.S.C. 1404 of Robert J. Malatak (MALATAK, ROBERT) [Transferred from New Jersey on 12/21/2021.]
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Filing 23
REPLY BRIEF to Opposition to Motion filed by INVISION FUDNING, LLC, KAPITUS SERVIVING, INC. re #11 MOTION to Dismiss Pursuant to Rule 12(B)(6) And / Or Transfer Venue Pursuant to 28 U.S.C. 1404 (MALATAK, ROBERT) [Transferred from New Jersey on 12/21/2021.]
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Filing 22
STIPULATION AND ORDER that the return date of Defendants' motion to dismiss is extended to 8/02/2021, with Defendants' time to respond due 7/27/2021. Signed by Chief Judge Freda L. Wolfson on 7/06/2021. (jem) [Transferred from New Jersey on 12/21/2021.]
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Reset Deadlines as to #11 MOTION to Dismiss Pursuant to Rule 12(B)(6) And / Or Transfer Venue Pursuant to 28 U.S.C. 1404. Motion set for 8/2/2021 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) [Transferred from New Jersey on 12/21/2021.]
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Filing 21
STIPULATION re #11 MOTION to Dismiss Pursuant to Rule 12(B)(6) And / Or Transfer Venue Pursuant to 28 U.S.C. 1404 Extending Time by INVISION FUDNING, LLC, KAPITUS SERVIVING, INC.. (MALATAK, ROBERT) [Transferred from New Jersey on 12/21/2021.]
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Magistrate Judge Lois H. Goodman added. Magistrate Judge Z. N. Quraishi no longer assigned to case. (mg) [Transferred from New Jersey on 12/21/2021.]
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Filing 20
Notice of Request by Pro Hac Vice Aryana P. Badery to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12576022.) (MALATAK, ROBERT) [Transferred from New Jersey on 12/21/2021.]
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Pro Hac Vice counsel, ARYANA P. BADERY, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jem) [Transferred from New Jersey on 12/21/2021.]
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Filing 19
BRIEF in Opposition filed by WAGNER HOLDING CORP. re #11 MOTION to Dismiss Pursuant to Rule 12(B)(6) And / Or Transfer Venue Pursuant to 28 U.S.C. 1404 (BYRNES, SEAN) [Transferred from New Jersey on 12/21/2021.]
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Filing 18
LETTER ORDER granting the request #17 to file an Opposition brief which exceeds the maximum brief length of forty (40) pages by no more than five (5) pages. Signed by Chief Judge Freda L. Wolfson on 6/22/2021. (jem) [Transferred from New Jersey on 12/21/2021.]
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Filing 17
Letter from Sean F. Byrnes, Esq. re #11 MOTION to Dismiss Pursuant to Rule 12(B)(6) And / Or Transfer Venue Pursuant to 28 U.S.C. 1404. (BYRNES, SEAN) [Transferred from New Jersey on 12/21/2021.]
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Filing 16
TEXT ORDER: Plaintiff to file request for Rule 16 Conference within 10 days of decision on Motion to Dismiss if motion is denied.. So Ordered by Magistrate Judge Zahid N. Quraishi on 6/17/2021. (kas) [Transferred from New Jersey on 12/21/2021.]
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Text Minute Entry for proceedings held before Magistrate Judge Zahid N. Quraishi: Telephone Conference held on 6/17/2021. (kas) [Transferred from New Jersey on 12/21/2021.]
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Filing 15
Joint Discovery Plan by INVISION FUDNING, LLC, KAPITUS SERVIVING, INC..(MALATAK, ROBERT) [Transferred from New Jersey on 12/21/2021.]
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Filing 14
ORDER granting #10 Motion for Leave to Appear Pro Hac Vice Counsel as to Aryana P. Badery. Signed by Magistrate Judge Zahid N. Quraishi on 5/26/2021. (jem) [Transferred from New Jersey on 12/21/2021.]
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Filing 13
STIPULATION AND ORDER that the return date of Defendants' motion to dismiss #11 is extended to 7/19/2021; Plaintiff's opposition due 6/22/2021, and Defendants' response due 7/12/2021. Signed by Chief Judge Freda L. Wolfson on 5/26/2021. (jem) [Transferred from New Jersey on 12/21/2021.]
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Reset Deadlines as to #11 MOTION to Dismiss Pursuant to Rule 12(B)(6) And / Or Transfer Venue Pursuant to 28 U.S.C. 1404. Motion set for 7/19/2021 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) [Transferred from New Jersey on 12/21/2021.]
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Filing 12
STIPULATION re #11 MOTION to Dismiss Pursuant to Rule 12(B)(6) And / Or Transfer Venue Pursuant to 28 U.S.C. 1404 Extending Time by INVISION FUDNING, LLC, KAPITUS SERVIVING, INC.. (MALATAK, ROBERT) [Transferred from New Jersey on 12/21/2021.]
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Filing 11
MOTION to Dismiss Pursuant to Rule 12(B)(6) And / Or Transfer Venue Pursuant to 28 U.S.C. 1404 by INVISION FUDNING, LLC, KAPITUS SERVIVING, INC.. Responses due by 6/7/2021 (Attachments: #1 Declaration of Jason Bishop in Support of Defendant's Motion to Dismiss /Transfer, #2 Exhibit A - Complaint, #3 Exhibit B - First Agreement, #4 Exhibit C - Second Agreement, #5 Exhibit D- Blue Rock Buyout, #6 Exhibit E - Unpublished Case, #7 Defendants' Brief in Support of Their Motion to Dismiss Pursuant to Rule 12(B)(6) And / Or Transfer Venue Pursuant to 28 U.S.C. 1404, #8 Text of Proposed Order)(MALATAK, ROBERT) [Transferred from New Jersey on 12/21/2021.]
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Set Deadlines as to #11 MOTION to Dismiss Pursuant to Rule 12(B)(6) And / Or Transfer Venue Pursuant to 28 U.S.C. 1404. Motion set for 6/21/2021 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) [Transferred from New Jersey on 12/21/2021.]
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Filing 10
MOTION for Leave to Appear Pro Hac Vice of Aryana P. Badery by INVISION FUDNING, LLC, KAPITUS SERVIVING, INC.. (Attachments: #1 Declaration of Robert J. Malatak in Support of Motion for Admission Pro Hac Vice of Aryana P. Badery, #2 Certification of Aryana P. Badery in Support of Motion for Admission Pro Hac Vice, #3 Statement in Lieu of Brief Pursuant to Local Civil Rule 7.1(d)(4), #4 Letter to Magistrate Judge Quarishi, #5 Text of Proposed Order Granting Pro Hac Vice Admission of Aryana P. Badery, #6 Certificate of Service)(MALATAK, ROBERT) [Transferred from New Jersey on 12/21/2021.]
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Filing 9
ORDER SCHEDULING TELEPHONIC INITIAL CONFERENCE: Scheduling Conference, initiated by Plaintiff's counsel, set for 6/17/2021 at 2:00 PM before Magistrate Judge Zahid N. Quraishi. Signed by Magistrate Judge Zahid N. Quraishi on 5/06/2021. (jem) [Transferred from New Jersey on 12/21/2021.]
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Set Deadlines as to #10 MOTION for Leave to Appear Pro Hac Vice of Aryana P. Badery. Motion set for 6/7/2021 before Magistrate Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) [Transferred from New Jersey on 12/21/2021.]
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Filing 8
Corporate Disclosure Statement by WAGNER HOLDING CORP.. (BYRNES, SEAN) [Transferred from New Jersey on 12/21/2021.]
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Filing 7
STIPULATION AND ORDER that the Defendants' time to answer, move, or otherwise respond to the Summons and Complaint is extended until 5/21/2021. Signed by Magistrate Judge Zahid N. Quraishi on 5/05/2021. (jem) [Transferred from New Jersey on 12/21/2021.]
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Filing 6
STIPULATION Extending Time to Answer or Move by INVISION FUDNING, LLC, KAPITUS SERVIVING, INC.. (MALATAK, ROBERT) [Transferred from New Jersey on 12/21/2021.]
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Filing 5
Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney SCOTT REID MATTHEWS terminated. (MATTHEWS, SCOTT) [Transferred from New Jersey on 12/21/2021.]
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Filing 4
NOTICE of Appearance by ROBERT J. MALATAK on behalf of INVISION FUDNING, LLC, KAPITUS SERVIVING, INC. (MALATAK, ROBERT) [Transferred from New Jersey on 12/21/2021.]
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Filing 3
NOTICE of Appearance by SEAN F. BYRNES on behalf of WAGNER HOLDING CORP. (BYRNES, SEAN) [Transferred from New Jersey on 12/21/2021.]
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Chief Judge Freda L. Wolfson and Magistrate Judge Zahid N. Quraishi added. (jal, ) [Transferred from New Jersey on 12/21/2021.]
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Filing 2
Corporate Disclosure Statement by Invision Funding, LLC, Kapitus Servicing, Inc. identifying Strategic Funding Source, Inc. as Corporate Parent.. (MATTHEWS, SCOTT) [Transferred from New Jersey on 12/21/2021.]
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Filing 1
NOTICE OF REMOVAL by Kapitus Servicing, Inc., Invision Funding, LLC from Superior Court of New Jersey Law Division Monmouth Countty, case number L-1124-2021. ( Filing and Admin fee $ 402 receipt number ANJDC-12426338), filed by Kapitus Servicing, Inc., Invision Funding, LLC. (Attachments: #1 Exhibit 1 to 3, #2 Civil Cover Sheet)(MATTHEWS, SCOTT) [Transferred from New Jersey on 12/21/2021.]
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