Blackburn et al v. A.C. Israel Enterprises, Inc. et al
| Sherry Blackburn, Willie Rose, Elwood Bumbray, George Hengle, Regina Nolte, Jo Ann Falash, John Tucker and Emily Murphy |
| A.C. Israel Enterprises, Inc., d/b/a Ingleside Investors, Richard Investors, LLC, Greg Warner, Ferrell Capital, LLC, Seville, LTD., Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, E Opportunities, LLC, Skye, LLC, Cabbage City, LLC, David J Vittor, The David J. Vittor Trust, Kai Investments, LLC, Benjamin Gravley, Signal Light, LLC, Hymken, LP, George Kellner, Kellner Capital, LP, A.C. Israel Enterprises, Inc. doing business as Ingleside Investors, Amit Raizada, Spectrum Business Ventures, Inc. and Raizada Group, LLP |
| 3:2022cv00146 |
| March 15, 2022 |
| US District Court for the Eastern District of Virginia |
| David J Novak |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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Filing 217
TRANSCRIPT of proceedings held on October 30, 2023, before Judge David J. Novak, Court Reporter Melissa Custis, Telephone number 804-916-2278. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 1/16/2024. Release of Transcript Restriction set for 2/14/2024.(Custis, Melissa)
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Filing 216
ORDER (Granting Preliminary Approval of Class Action Settlement). SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 11/1/2023. (smej, )
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Filing 215
Minute Entry for proceedings held before District Judge David J. Novak:Preliminary Settlement Approval Hearing held on 10/30/2023. Matter came on for preliminary approval of settlement. Counsel heard. Fact findings made by Court. Preliminary settlement approved - ORDER to enter. (Court Reporter Melissa Custis, OCR.)(cgar)
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Filing 214
NOTICE of Appearance by Drew David Sarrett on behalf of Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker (Sarrett, Drew)
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Filing 213
Memorandum in Support re #212 Consent MOTION for Preliminary Approval of Proposed Class Action Settlement filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Exhibit 1 - Kelly Declaration, #2 Exhibit 2 - Bennett Declaration)(Kelly, Kristi)
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Filing 212
Consent MOTION for Preliminary Approval of Proposed Class Action Settlement by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Exhibit 1 - Proposed Settlement Agreement and Approval Orders)(Kelly, Kristi)
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Filing 211
ORDER granting #208 Motion for Rebecca Danielle Maller-Stein to appear Pro hac vice for A.C. Israel Enterprises, Inc., Richard Investors, LLC, Greg Warner. Signed by District Judge David J. Novak on 10/4/2023. (smej, )
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Filing 210
ORDER (Rescheduling Preliminary Approval Deadline and Hearing) - This matter comes before the Court on the Joint Motion to Extend the Deadline to File Motion for Preliminary Approval (ECF No. 209). There, the parties jointly requested that the Court extend the deadline for Plaintiffs to file their motion for preliminary approval of the class settlement until October 6, 2023. However, due to issues related to the finalization of the settlement, the Court hereby RESCHEDULES the preliminary approval hearing to October 30, 2023, at 3:00 p.m. The parties shall file their motion for preliminary approval no later than October 23, 2023. The parties are advised that no further extensions will be granted.Signed by District Judge David J. Novak on 10/4/2023. (smej, )
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Preliminary Settlement Approval Hearing reset for 10/30/2023 at 03:00 PM in Richmond Courtroom 6300 before District Judge David J. Novak. (cgar)
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Filing 209
Joint MOTION for Extension of Deadline to File Motion for Preliminary Approval by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Proposed Order)(Kelly, Kristi)
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Filing 208
Motion to appear Pro Hac Vice by Rebecca Danielle Maller-Stein and Certification of Local Counsel Ian S. Hoffman Filing fee $ 75, receipt number AVAEDC-9152469. by A.C. Israel Enterprises, Inc., Richard Investors, LLC, Greg Warner. (Hoffman, Ian)
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Notice of Correction re #207 Notice of Appearance: Clerk replaced the document as a non-fillable form. For future filings, the attorney is reminded to upload documents only as non-fillable PDFs. No further action is required. (smej, )
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Minute Entry for proceedings held before Magistrate Judge Mark R. Colombell: Settlement Conference as to Plaintiffs and Raizada Defendants held on 9/20/2023. (jsau, )
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Filing 207
NOTICE of Appearance by Matthew G Rosendahl on behalf of Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker (Rosendahl, Matthew) (Main Document 207 replaced on 9/22/2023) (smej, ).
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Minute Entry for proceedings held before Magistrate Judge Mark R. Colombell:Settlement Conference as to Plaintiffs and Seville Defendants held on 9/15/2023. (jsau, )
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Filing 206
ORDER VACATING SETTLEMENT CONFERENCES. This Order comes before the Court upon notification of a signed Memorandum of Understanding (MOU) between Plaintiffs, Defendants George Kellner and Kellner Capital, LP (Kellner Defendants), and Defendants Benjamin Gravley, Signal Light, LLC, and Hvmken, LP (Hvmken Defendants). Based upon the representation that Plaintiffs, Kellner Defendants, and Hvmken Defendants have reached a settlement and executed an MOU, the Court hereby VACATES the settlement conferences in this case previously scheduled for September 14, 2023 at 2:00 p.m. and September 15, 2023 at 3:00 p.m. Signed by Magistrate Judge Mark R. Colombell on 9/13/2023. (jenjones, )
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Notice of Correction re #204 NOTICE: The filing user is advised that all attorneys, both admitted and pro hac vice, must link their individual PACER account to the Eastern District of Virginia to be in compliance with NextGen CM/ECF effective April 19, 2021. Registered users are now able to make changes to contact information and can find additional resources at https://www.vaed.uscourts.gov/nextgen-informationresources (smej, )
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Filing 205
ORDER VACATING SETTLEMENT CONFERENCE - This Order comes before the Court upon notification of a signed Memorandum of Understanding ("MOU") between Plaintiffs and Defendants Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC, E Opportunities, LLC, Skye, LLC, and Cabbage City, LLC ("JSC Defendants"). Based upon the representation that Plaintiffs and JSC Defendants have reached a settlement and executed an MOU, the Court hereby VACATES the settlement conference in this case previously scheduled for September 15, 2023 at 1:00 p.m. Signed by Magistrate Judge Mark R. Colombell on 9/8/2023. (smej, )
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Filing 204
NOTICE by Benjamin Gravley, Hymken, LP, Signal Light, LLC of Change of Address of Counsel (Erbach, John)
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Set Hearings: Settlement Conference as to Plaintiffs and Kellner Defendants set for 9/14/2023 at 02:00 PM via ZOOM before Magistrate Judge Mark R. Colombell. Settlement Conference as to Plaintiffs and Seville Defendants set for 9/15/2023 at 09:00 AM via ZOOM before Magistrate Judge Mark R. Colombell. Settlement Conference as to Plaintiffs and JSC Defendants set for 9/15/2023 at 01:00 PM via ZOOM before Magistrate Judge Mark R. Colombell. Settlement Conference as to Plaintiffs and Hvmken Defendants set for 9/15/2023 at 03:00 PM via ZOOM before Magistrate Judge Mark R. Colombell. Settlement Conference as to Plaintiffs and Raizada Defendants set for 9/20/2023 at 02:00 PM via ZOOM before Magistrate Judge Mark R. Colombell. (jsau, )
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Filing 203
ORDER Regarding Procedures for Follow-Up Settlement Conferences- The Court hereby ORDERS the parties to submit brief ex parte settlement position updates (1-2 pages maximum, bullet-points are acceptable) and settlement offers according to the deadlines listed herein. In addition to counsel, each party must have a representative virtually present on the videoconference with the full authority to settle this action. SEE ORDER FOR DETAILS AND DEADLINES. Signed by Magistrate Judge Mark R. Colombell on 8/30/2023. (adun, )
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Filing 202
STIPULATED PROTECTIVE ORDER. See Order for details. Signed by District Judge David J. Novak on 8/29/2023. (Attachments: #1 Exhibit A) (jenjones, )
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Filing 201
Consent MOTION for Protective Order by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Exhibit 1 - Proposed Protective Order)(Kelly, Kristi)
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Filing 200
ORDER (Scheduling Preliminary Approval Hearing and Directing Briefing) - The Court hereby ORDERS as follows: On or before October 2, 2023, the parties shall file a joint status report. The Court hereby SCHEDULES a preliminary approval hearing for October 12, 2023, at 10:00 a.m. For non-settling Defendants, the Court will set a trial date during the hearing. All pending deadlines in this case are hereby STAYED until October 12, 2023. SEE ORDER FOR DEADLINES AND DETAILS. Signed by District Judge David J. Novak on 8/22/2023. (Copy sent to Judge Colombell) (smej, )
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Filing 199
ORDER (Granting Motion to Seal) - This matter comes before the Court on Defendants George Kellner and Kellner Capital's (together, the "Kellner Defendants") Motion to Seal (ECF No. 94), moving to seal a portion of their Memorandum in Support of their Motion to Dismiss (ECF No. 95) (the "Proposed Sealed Document"). The Court finds that the Kellner Defendants have met the applicable standard to seal the document at issue, and so hereby GRANTS the Motion (ECF No. 94). The Clerk is DIRECTED to file the Proposed Sealed Document UNDER SEAL, until further order of this Court. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 8/21/2023. (smej, )
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Preliminary Settlement Approval Hearing set for 10/12/2023 at 10:00 AM in Richmond Courtroom 6300 before District Judge David J. Novak. (cgar)
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Minute Entry for proceedings held before District Judge David J. Novak:Initial Pretrial Conference held on 8/21/2023. (cgar)
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Minute Entry for proceedings held before Magistrate Judge Mark R. Colombell: Settlement Conference held on 8/18/2023. (jsau, )
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Filing 193
REPORT of Rule 26(f) Planning Meeting by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Kelly, Kristi)
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Filing 191
ORDER granting #184 Motion for Margaret Louise Booz to appear Pro hac vice for Ferrell Capital, LLC, Seville, LTD. Signed by District Judge David J. Novak on 8/10/2023. (smej, )
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Filing 190
ORDER granting #183 Motion for Ellen Phillips to appear Pro hac vice for Ferrell Capital, LLC, Seville, LTD. Signed by District Judge David J. Novak on 8/10/2023. (smej, )
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Filing 189
ORDER granting #182 Motion for Stephen M. Fazio to appear Pro hac vice for Ferrell Capital, LLC, Seville, LTD. Signed by District Judge David J. Novak on 8/10/2023. (smej, )
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Filing 187
ORDER (Granting Motion to Extend Time) - This matter comes before the Court on Defendants Consent Motion for an Extension, moving to extend their time to file their Answers to the First Amended Complaint until August 28, 2023. (ECF No. 185.) For good cause shown, and because Plaintiffs consent, the Court hereby GRANTS the Motion. Defendants shall file their Answers to the First Amended Complaint on or before August 28, 2023. Signed by District Judge David J. Novak on 8/9/2023. (smej, )
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Filing 185
Consent MOTION for Extension of Time to File Answer re #79 Amended Complaint,,,, by A.C. Israel Enterprises, Inc., Cabbage City, LLC, E Opportunities, LLC, Ferrell Capital, LLC, Benjamin Gravley, Hymken, LP, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, George Kellner, Kellner Capital, LP, Amit Raizada, Raizada Group, LLP, Richard Investors, LLC, Seville, LTD., Signal Light, LLC, Skye, LLC, Spectrum Business Ventures, Inc., Greg Warner. (Attachments: #1 Exhibit 1)(Anthony, David)
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Filing 184
Motion to appear Pro Hac Vice by Margaret L. Booz and Certification of Local Counsel Amy Brown Doolittle Filing fee $ 75, receipt number AVAEDC-9051844. by Ferrell Capital, LLC, Seville, LTD.. (Doolittle, Amy)
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Filing 183
Motion to appear Pro Hac Vice by Ellen H. Phillips and Certification of Local Counsel Amy Brown Doolittle Filing fee $ 75, receipt number AVAEDC-9051833. by Ferrell Capital, LLC, Seville, LTD.. (Doolittle, Amy)
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Filing 182
Motion to appear Pro Hac Vice by Stephen M. Fazio and Certification of Local Counsel Amy Brown Doolittle Filing fee $ 75, receipt number AVAEDC-9051821. by Ferrell Capital, LLC, Seville, LTD.. (Doolittle, Amy)
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Filing 181
ORDER granting #180 Motion for Megan A. Benevento to appear Pro hac vice for Cabbage City, LLC. Signed by District Judge David J. Novak on 7/27/2023. (adun, )
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Filing 180
Motion to appear Pro Hac Vice by Megan A. Benevento and Certification of Local Counsel William D. Prince IV Filing fee $ 75, receipt number BVAEDC-9044018. by Cabbage City, LLC, E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Prince, William)
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Filing 179
ORDER Setting Pretrial Conference - Initial Pretrial Conference set for 8/22/2023 at 10:30 AM in Richmond Telephonically before District Judge David J. Novak. Signed by Cole W Schott with the permission of District Judge David J. Novak on 7/25/2023. (cgar)
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Filing 178
ORDER (Denying Motions to Dismiss) - This matter comes before the Court on Defendants' Motions to Dismiss the Amended Complaint. (ECF Nos. 95, 96, 98, 101, 116, 145, 147, 149, 150.) For the reasons stated in the accompanying Memorandum Opinion, the Motions are hereby DENIED. Signed by District Judge David J. Novak on 7/24/2023. (smej, )
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Filing 177
MEMORANDUM OPINION. Signed by District Judge David J. Novak on 7/24/2023. (smej, )
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Filing 176
ORDER (Granting Motion to Dismiss) - This matter comes before the Court on Plaintiffs' Motion to Dismiss Defendant Kai Investments, LLC. (ECF No. 174.) The Court hereby DISMISSES WITHOUT PREJUDICE all claims against Kai Investments. The Comt hereby DIRECTS the Clerk's Office to terminate Kai Investments from the case. The case shall proceed on all remaining claims. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 7/12/2023. (smej, )
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Filing 175
Memorandum in Support re #174 Consent MOTION to Voluntarily Dismiss Defendant Kai Investments, LLC filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Kelly, Kristi)
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Filing 174
Consent MOTION to Voluntarily Dismiss Defendant Kai Investments, LLC by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Proposed Order)(Kelly, Kristi)
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Set Hearing: Settlement Conference set for 8/18/2023 at 09:30 AM in Richmond Judges Chamber before Magistrate Judge Mark R. Colombell. (jsau, )
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Filing 173
ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE - The Court has scheduled this case for a settlement conference on August 18, 2023 at 9:30 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Mark R. Colombell. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Mark R. Colombell on 5/10/2023. (smej, )
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Filing 172
ORDER (Referring for Settlement Conference) - This matter comes before the Court for pretrial case management. In the interest of judicial economy, the case is hereby REFERRED to United States Magistrate Judge Mark. R. Colombell for settlement purposes. Signed by District Judge David J. Novak on 5/10/2023. (Copy sent to Judge Colombell) (smej, )
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Case Referred to Magistrate Judge Mark R. Colombell. (smej, )
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Filing 171
REPLY to Response to Motion re #147 MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6), #149 MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6), #150 MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) filed by Amit Raizada, Raizada Group, LLP, Spectrum Business Ventures, Inc.. (DePalma, Nicholas)
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Filing 170
REPLY to Response to Motion re #145 MOTION to Dismiss for Lack of Jurisdiction pursuant to Rule 12(b)(2) filed by Amit Raizada, Raizada Group, LLP, Spectrum Business Ventures, Inc.. (DePalma, Nicholas)
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Filing 169
ORDER (Granting Motion to Dismiss) - This matter comes before the Court on Plaintiffs' Motion for Entry of Agreed Order (ECF No. 168), moving the Court to dismiss Plaintiffs' (1) 1962(a) claim against Defendants Benjamin Gravley, HVMKEN LP, Signal Light, LLC, Kellner Capital, LLC, George Kellner and Spectrum Business Ventures, Inc., and (2) 1962(b) claim as to Defendant Spectrum Business Ventures, Inc. pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. For good cause shown, the Court hereby GRANTS Plaintiffs' Motion (ECF No. 168). Accordingly, the Court hereby DISMISSES WITHOUT PREJUDICE Plaintiffs' (1) 1962(a) claim against Defendants Benjamin Gravley, HVMKEN LP, Signal Light, LLC, Kellner Capital, LLC, George Kellner and Spectrum Business Ventures, Inc., and (2) 1962(b) claim as to Defendant Spectrum Business Ventures, Inc. The case shall proceed on all remaining claims. Signed by District Judge David J. Novak on 12/16/2022. (smej, )
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Filing 168
MOTION for Entry of Agreed Order by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Proposed Order)(Kelly, Kristi)
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Filing 167
ORDER granting #163 Motion for Jonathan Eric Missner to appear Pro hac vice for Cabbage City, LLC. Signed by District Judge David J. Novak on 12/10/2022. (smej, )
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Filing 166
ORDER granting #162 Motion for Robert Bruce Gilmore to appear Pro hac vice for Cabbage City, LLC. Signed by District Judge David J. Novak on 12/10/2022. (smej, )
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Filing 165
ORDER that the Court GRANTS Defendants' Consent Motion to Extend Time #164 . Moving Defendants shall file their replies to Plaintiffs' Consolidated Memorandum in Opposition to Defendants' Rule 12(b)(2) Motions #155 and Consolidated Memorandum in Opposition to Defendants' Rule 12(b)(6) Motions #160 on or before December 22, 2022. See order for details. Signed by District Judge David J. Novak on 12/12/2022. (jjones, )
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Filing 164
Consent MOTION for Extension of Time to File Response/Reply as to #160 Memorandum in Opposition,, #155 Response in Opposition to Motion, by Amit Raizada, Raizada Group, LLP, Spectrum Business Ventures, Inc.. (Attachments: #1 Proposed Order)(DePalma, Nicholas)
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Filing 163
Motion to appear Pro Hac Vice by Jonathan E. Missner and Certification of Local Counsel William D. Prince IV Filing fee $ 75, receipt number AVAEDC-8704071. by Cabbage City, LLC. (Prince, William)
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Filing 162
Motion to appear Pro Hac Vice by Robert B. Gilmore and Certification of Local Counsel William D. Prince IV Filing fee $ 75, receipt number AVAEDC-8704056. by Cabbage City, LLC. (Prince, William)
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Filing 161
ORDER that the Court GRANTS Plaintiffs' #156 Motion to Seal. The Clerk is DIRECTED to file the Proposed Sealed Document UNDER SEAL, until further order of this Court. Signed by District Judge David J. Novak on 12/9/2022. (jsmi, )
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Filing 160
Memorandum in Opposition re #147 MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6), #149 MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6), #150 MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Exhibit 1 - Unredacted Raizada Letter)(Kelly, Kristi)
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Filing 159
Memorandum in Support re #156 MOTION to Seal filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Kelly, Kristi)
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Filing 158
Sealed Response/Reply/Opposition re #156 MOTION to Seal . (Attachments: #1 Exhibit 1)(Kelly, Kristi)
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Filing 157
Notice of Filing Sealing Motion LCvR5(C) by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose re #156 MOTION to Seal (Kelly, Kristi)
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Filing 156
MOTION to Seal by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Proposed Order)(Kelly, Kristi)
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Filing 155
RESPONSE in Opposition re #145 MOTION to Dismiss for Lack of Jurisdiction pursuant to Rule 12(b)(2) filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Exhibit 1)(Kelly, Kristi)
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Filing 154
ORDER granting #153 Motion for Extension of Time to File Response/Reply as to Motion to Dismiss. Plaintiffs shall file their oppositions to the motions to dismiss [ECF Nos. 145, 147, 149 and 150] no later than December 8, 2022. Signed by District Judge David J. Novak on 11/22/2022. (cgar)
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Filing 153
Consent MOTION for Extension of Time to File Response/Reply as to #145 MOTION to Dismiss for Lack of Jurisdiction pursuant to Rule 12(b)(2), #147 MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6), #149 MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6), #150 MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Proposed Order)(Kelly, Kristi)
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Filing 152
Memorandum in Support re #150 MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) filed by Raizada Group, LLP. (DePalma, Nicholas)
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Filing 151
Memorandum in Support re #149 MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) filed by Amit Raizada. (DePalma, Nicholas)
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Filing 150
MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) by Raizada Group, LLP. (DePalma, Nicholas)
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Filing 149
MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) by Amit Raizada. (DePalma, Nicholas)
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Filing 148
Memorandum in Support re #147 MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) filed by Spectrum Business Ventures, Inc.. (DePalma, Nicholas)
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Filing 147
MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) by Spectrum Business Ventures, Inc.. (DePalma, Nicholas)
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Filing 146
Memorandum in Support re #145 MOTION to Dismiss for Lack of Jurisdiction pursuant to Rule 12(b)(2) filed by Amit Raizada, Raizada Group, LLP, Spectrum Business Ventures, Inc.. (DePalma, Nicholas)
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Filing 145
MOTION to Dismiss for Lack of Jurisdiction pursuant to Rule 12(b)(2) by Amit Raizada, Raizada Group, LLP, Spectrum Business Ventures, Inc.. (DePalma, Nicholas)
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Filing 144
ORDER (Granting Motion for Leave) - This matter comes before the Court on Defendants' Motion for Leave to File One Consolidated Rule 12(b)(2) Motion and Separate Rule 12(b)(6) Motions. (ECF No. 142.) In the Motion, Defendants Spectrum Business Ventures, Inc., Raizada Group, LLLP and Amit Raizada (collectively, the "Raizada Defendants") move the Court to permit the Raizada Defendants to file a single, consolidated Rule 12(b)(2) motion and separate Rule 12(b)(6) motions. For good cause shown, and because Plaintiffs do not oppose the requested relief, the Court hereby GRANTS the Motion (ECF No. 142). SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 11/8/2022. (smej, )
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Filing 143
Waiver of re #142 MOTION for leave to file one consolidated Rule 12(b)(2) motion (not to exceed 10 pages) and separate Rule 12(b)(6) motions and incorporated memorandum in support (UNOPPOSED) OF ORAL ARGUMENT by Amit Raizada, Raizada Group, LLP, Spectrum Business Ventures, Inc. (DePalma, Nicholas)
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Filing 142
MOTION for leave to file one consolidated Rule 12(b)(2) motion (not to exceed 10 pages) and separate Rule 12(b)(6) motions and incorporated memorandum in support (UNOPPOSED) by Amit Raizada, Raizada Group, LLP, Spectrum Business Ventures, Inc.. (Attachments: #1 Proposed Order)(DePalma, Nicholas)
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Filing 141
ORDER (Granting Motion to Seal) - The Court finds that the Kellner Defendants have met the applicable standard to seal the documents at issue, and so hereby GRANTS Motion to Seal (ECF No. 133). The Court ORDERS that portions of Defendants' Memorandum in Support of Defendants Kellner Capital LLC's and George Keller's Motion to Dismiss (ECF No. 136) shall be maintained under seal by the Clerk, until further order of this Court. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 11/7/2022. (smej, )
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Filing 140
REPLY to Response to Motion re #101 MOTION to Dismiss for Failure to State a Claim filed by Benjamin Gravley, Hymken, LP, Signal Light, LLC. (Erbach, John)
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Filing 139
REPLY to Response to Motion re #98 MOTION to Dismiss for Failure to State a Claim (The LP Investor Defendants' Joint Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to Rule 12(b)(6) - LP Investor Defendants Identified in Motion) filed by Cabbage City, LLC, E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Prince, William)
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Filing 138
REPLY to Response to Motion re #96 MOTION to Dismiss (Moving Defendants' Joint Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to FRCP 12(b)(2) - Moving Defendants Identified in Motion) filed by Cabbage City, LLC, E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Prince, William)
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Filing 137
REPLY in Support re #95 MOTION to Dismiss with Redactions filed by George Kellner, Kellner Capital, LP. (Anthony, David) Modified on 11/7/2022 (smej, ).
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Filing 136
Sealed Document re #135 Memorandum in Support, #133 MOTION to Seal Memorandum in Support of Motion to Dismiss, #134 Notice of Filing Sealing Motion LCvR5(C). (Anthony, David)
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Filing 135
Memorandum in Support re #133 MOTION to Seal Memorandum in Support of Motion to Dismiss filed by George Kellner, Kellner Capital, LP. (Anthony, David)
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Filing 134
Notice of Filing Sealing Motion LCvR5(C) by George Kellner, Kellner Capital, LP re #133 MOTION to Seal Memorandum in Support of Motion to Dismiss (Anthony, David)
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Filing 133
MOTION to Seal Memorandum in Support of Motion to Dismiss by George Kellner, Kellner Capital, LP. (Attachments: #1 Proposed Order)(Anthony, David)
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Filing 132
ORDER (Granting Motion to Seal) - The Court finds that Plaintiffs have met the applicable standard to seal the documents at issue, and so hereby GRANTS Motion to Seal (ECF No. 124). The Clerk is DIRECTED to file the unredacted versions of the Redacted Memoranda (ECF Nos. 126-129) UNDER SEAL, until further order of this Court. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 10/28/2022. (smej, )
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Filing 131
Memorandum in Opposition re #116 MOTION to Dismiss for Failure to State a Claim (Defendant Cabbage City, LLC's Motion to Dismiss Plaintiffs' First Amended Complaint - Joining Briefs Previously Filed by Other Defendants) filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Kelly, Kristi)
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Filing 130
Memorandum in Support re #124 MOTION to Seal filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Kelly, Kristi)
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Filing 129
Unredacted #123 Memorandum in Opposition, by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Kelly, Kristi)
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Filing 128
Unredacted #122 Memorandum in Opposition, by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Kelly, Kristi)
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Filing 127
Unredacted #121 Memorandum in Opposition, by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Exhibit 1 - Sealed Exhibit Submitted with Memorandum)(Kelly, Kristi)
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Filing 126
Unredacted #120 Memorandum in Opposition, by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Kelly, Kristi)
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Filing 125
Notice of Filing Sealing Motion LCvR5(C) by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose re #124 MOTION to Seal (Kelly, Kristi)
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Filing 124
MOTION to Seal by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Proposed Order)(Kelly, Kristi)
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Filing 123
Redacted Memorandum in Opposition re #95 MOTION to Dismiss with Redactions (Redacted Version) filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Exhibit 1 - Participation Agreement)(Kelly, Kristi) Modified on 10/24/2022 (smej, ). (Attachment 1 replaced on 10/24/2022) (smej, ). (Additional attachment(s) added on 10/24/2022: #2 Exhibit 2, #3 Exhibit 3) (smej, ).
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Filing 122
Redacted Memorandum in Opposition re #101 MOTION to Dismiss for Failure to State a Claim filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Exhibit 1 - Participation Agreement)(Kelly, Kristi) Modified on 10/24/2022 (smej, ).
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Filing 121
Redacted Memorandum in Opposition re #96 MOTION to Dismiss (Moving Defendants' Joint Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to FRCP 12(b)(2) - Moving Defendants Identified in Motion) (Redacted Version) filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Exhibit 1 - Placeholder (Filed Under Seal), #2 Exhibit 2 - Participation Agreement)(Kelly, Kristi) Modified on 10/24/2022 (smej, ).
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Filing 120
Redacted Memorandum in Opposition re #98 MOTION to Dismiss for Failure to State a Claim (The LP Investor Defendants' Joint Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to Rule 12(b)(6) - LP Investor Defendants Identified in Motion) (Redacted Version) filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Kelly, Kristi) Modified on 10/24/2022 (smej, ).
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Filing 119
ORDER (Granting Motion to Exceed Page Limit) - This matter comes before the Court on Plaintiffs' Consent Motion for Leave to Exceed Page Limit, (ECF No. 117), and the associated Memorandum in Support, (ECF No. 118). For the reasons set forth below, the Court hereby GRANTS Plaintiffs' Motion. It is hereby ORDERED that Plaintiffs' opposition brief to the LP Investors Defendants' Motion to Dismiss shall not exceed forty (40) pages, and the Defendants' reply brief thereto shall not exceed thirty (30) pages. Signed by District Judge David J. Novak on 10/14/2022. (smej, )
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Filing 118
Memorandum in Support re #117 Consent MOTION for Leave to File Excess Pages filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Kelly, Kristi)
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Filing 117
Consent MOTION for Leave to File Excess Pages by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Proposed Order)(Kelly, Kristi)
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Filing 116
MOTION to Dismiss for Failure to State a Claim (Defendant Cabbage City, LLC's Motion to Dismiss Plaintiffs' First Amended Complaint - Joining Briefs Previously Filed by Other Defendants) by Cabbage City, LLC. (Prince, William)
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Filing 115
ORDER granting #110 Motion for Pro hac vice Appointed Theresa Mary Bailey Van Vliet for Amit Raizada, Raizada Group, LLP, and Spectrum Business Ventures, Inc. Signed by District Judge David J. Novak on 10/6/2022. (adun, )
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Filing 114
ORDER granting #109 Motion for Pro hac vice Appointed Paul Joseph Battista for Amit Raizada, Raizada Group, LLP., and Spectrum Business Ventures, Inc.Signed by District Judge David J. Novak on 10/6/2022. (adun, )
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Filing 113
ORDER that the Court hereby GRANTS the Motion for an Extension of Time #111 . Plaintiffs shall file their opposition brief(s) on or before October 21, 2022. Defendants shall file their reply brief(s) on or before November 4, 2022. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 10/05/2022. (adun, )
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Filing 112
Memorandum in Support re #111 Consent MOTION for Extension of Time to File Response/Reply as to #95 MOTION to Dismiss with Redactions, #98 MOTION to Dismiss for Failure to State a Claim (The LP Investor Defendants' Joint Motion to Dismiss Plaintiffs' Fi filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Kelly, Kristi)
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Filing 111
Consent MOTION for Extension of Time to File Response/Reply as to #95 MOTION to Dismiss with Redactions, #98 MOTION to Dismiss for Failure to State a Claim (The LP Investor Defendants' Joint Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to Rule 12(b)(6) - LP Investor Defendants Identified in Motion), #101 MOTION to Dismiss for Failure to State a Claim , #96 MOTION to Dismiss (Moving Defendants' Joint Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to FRCP 12(b)(2) - Moving Defendants Identified in Motion) by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Proposed Order)(Kelly, Kristi)
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Filing 110
Motion to appear Pro Hac Vice by Theresa Mary Bailey Van Vliet and Certification of Local Counsel Nicholas Martin DePalma Filing fee $ 75, receipt number AVAEDC-8596688. by Amit Raizada, Raizada Group, LLP, Spectrum Business Ventures, Inc.. (DePalma, Nicholas)
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Filing 109
Motion to appear Pro Hac Vice by Paul Joseph Battista and Certification of Local Counsel Nicholas Martin DePalma Filing fee $ 75, receipt number AVAEDC-8596670. by Amit Raizada, Raizada Group, LLP, Spectrum Business Ventures, Inc.. (DePalma, Nicholas)
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Filing 108
ORDER(Granting Motion to Extend Time) - This matter comes before the Court on Defendants Unopposed Motion to Extend Time to File Responsive Pleadings and Incorporated Memorandum of Support. (ECF No. 107.) Defendants Spectrum Business Ventures, Inc., Raizada Group, LLLP and Amit Raizada (collectively, the Raizada Defendants) move this Court for an extension of time to file a responsive pleading to Plaintiffs Amended Complaint. For good cause shown, and because Plaintiffs consent, the Court hereby GRANTS the Motion. The Raizada Defendants shall file their responsive pleading(s) on or before November 8, 2022. Signed by District Judge David J. Novak on 10/4/2022. (smej, )
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Filing 107
MOTION for Extension of Time to File Answer or Responsive Pleading (Unopposed) by Amit Raizada, Raizada Group, LLP, Spectrum Business Ventures, Inc.. (Attachments: #1 Proposed Order)(DePalma, Nicholas)
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Filing 106
NOTICE of Appearance by Nicholas Martin DePalma on behalf of Amit Raizada, Raizada Group, LLP, Spectrum Business Ventures, Inc. (DePalma, Nicholas)
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Filing 105
Memorandum in Support re #95 MOTION to Dismiss with Redactions filed by George Kellner, Kellner Capital, LP. (Anthony, David)
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Filing 104
Notice of Filing Sealing Motion LCvR5(C) by George Kellner, Kellner Capital, LP re #94 MOTION to Seal Motion to Dismiss (Anthony, David)
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Filing 103
Memorandum in Support re #94 MOTION to Seal Motion to Dismiss filed by George Kellner, Kellner Capital, LP. (Anthony, David)
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Notice of Correction re #95 MOTION to Dismiss with Redactions, #94 MOTION to Seal Motion to Dismiss: The filing attorney has been instructed to file ECF 94-2 and 94-3 in separate docket entries using the correct docket events for each pleading. The filing attorney has also been instructed to file ECF 95-1 in a separate docket entry using the correct docket event. (smej, )
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Notice of Correction re: #92 and #93 MOTION to Dismiss; Clerk termed 92 and 93 at filing attorney's request. Pleadings were filed under the wrong attorney and removed from the docket report as David Michael Gettings is not listed as attorney of record. No further action is required. (sbea)
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Filing 102
Memorandum in Support re #101 MOTION to Dismiss for Failure to State a Claim filed by Benjamin Gravley, Hymken, LP, Signal Light, LLC. (Erbach, John)
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Filing 101
MOTION to Dismiss for Failure to State a Claim by Benjamin Gravley, Hymken, LP, Signal Light, LLC. (Erbach, John)
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Filing 100
Memorandum in Support re #96 MOTION to Dismiss (Moving Defendants' Joint Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to FRCP 12(b)(2) - Moving Defendants Identified in Motion) filed by E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Prince, William)
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Filing 99
Memorandum in Support re #98 MOTION to Dismiss for Failure to State a Claim (The LP Investor Defendants' Joint Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to Rule 12(b)(6) - LP Investor Defendants Identified in Motion) filed by E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Prince, William)
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Filing 98
MOTION to Dismiss for Failure to State a Claim (The LP Investor Defendants' Joint Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to Rule 12(b)(6) - LP Investor Defendants Identified in Motion) by E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Prince, William)
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Filing 97
Sealed Memorandum in Support re #94 MOTION to Seal Motion to Dismiss. (Anthony, David)
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Filing 96
MOTION to Dismiss (Moving Defendants' Joint Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to FRCP 12(b)(2) - Moving Defendants Identified in Motion) by E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Prince, William)
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Filing 95
MOTION to Dismiss with Redactions by George Kellner, Kellner Capital, LP. (Attachments: #1 Exhibit)(Anthony, David)
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Filing 94
MOTION to Seal Motion to Dismiss by George Kellner, Kellner Capital, LP. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit)(Anthony, David)
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Filing 93
Filed in Error MOTION to Dismiss with Redactions by George Kellner, Kellner Capital, LP. (Attachment: #1 Exhibit)(Gettings, David). Modified on 9/26/2022. (sbea)
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Filing 92
Filed in Error MOTION to Seal Motion to Dismiss by George Kellner, Kellner Capital, LP. (Attachment: #1 Proposed Order, #2 Exhibit, #3 Exhibit)(Gettings, David). Modified on 9/26/2022. (sbea)
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Filing 91
ORDER (Granting Motion to Extend Time) - This matter comes before the Court on Defendants' Motion for Extension of Time for Defendants to Respond to Plaintiffs' Amended Complaint (ECF No. 89.), moving to extend their time to respond to the Amended Complaint (ECF No. 79). For good cause shown, and because Plaintiffs consent, the Court hereby GRANTS the Motion. Defendants shall file their motion(s) to dismiss the Amended Complaint on or before September 23, 2022. Plaintiffs shall file their opposition brief(s) on or before October 7, 2022. Defendants shall file their reply brief(s) on or before October 16, 2022. Signed by District Judge David J. Novak on 9/16/2022. (smej, )
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Filing 90
ANSWER to Complaint Answer to Amended Complaint by Kai Investments, LLC.(Sherman, Sean)
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Filing 89
Consent MOTION for Extension of Time for Defendants to Respond to Plaintiffs' Amended Complaint by E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Attachments: #1 Proposed Order (Proposed Agreed Order))(Prince, William)
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Filing 88
Summons Issued as to Cabbage City, LLC, Amit Raizada, Raizada Group, LLP, Spectrum Business Ventures, Inc., NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (smej, )
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Filing 87
Proposed Summons re #79 Amended Complaint,,,, by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Kelly, Kristi)
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Notice of Correction re #79 Amended Complaint: The filing attorney is instructed to file proposed summons to serve the new defendants - Cabbage City, LLC, Amit Raizada, Spectrum Business Ventures, Inc., and Raizada Group, LLLP - or if waiving service, to notify the court in writing by electronically filing the notice. (smej, )
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Filing 86
ORDER (Denying as Moot Motions to Dismiss) - This matter comes before the Court on Defendants' Motions to Dismiss (ECF Nos. 52, 53, 61, 77). On September 2, 2022, Plaintiffs timely filed their Amended Complaint (ECF No. 79), pursuant to the Court's July 14, 2022, Order establishing a uniform briefing schedule (ECF No. 44). In light of the subsequently filed Amended Complaint, the Court hereby DENIES AS MOOT Defendants' Motions to Dismiss (ECF Nos. 52, 53, 61, 77). SEE ORDER FOR DEADLINES AND DETAILS. Signed by District Judge David J. Novak on 9/7/2022. (smej, )
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Filing 85
ORDER (Granting Motion to Seal) - This matter comes before the Court on Plaintiffs' Motion to Seal (ECF No. 80) the following documents (collectively the "Proposed Sealed Documents "): Exhibits 9, 10, 11 and 12 to the Amended Complaint and portions of the Amended Complaint that discuss Exhibits 9, 10, 11 and 12. The Court finds that Plaintiffs have met the applicable standard to seal the documents at issue, and so hereby GRANTS Motion to Seal (ECF No. 80). The Clerk is DIRECTED to file the Proposed Sealed Documents UNDER SEAL, until further order of this Court. Signed by District Judge David J. Novak on 9/6/2022. (smej, )
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Filing 84
RESPONSE to Motion re #53 Joint MOTION to Dismiss for Failure to State a Claim (Moving Defendants Identified in Motion), #77 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim , #61 MOTION to Dismiss for Failure to State a Claim , #52 Joint MOTION to Dismiss for Lack of Jurisdiction (Moving Defendants Identified in Motion) filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Regina Nolte, Willie Rose. (Kelly, Kristi)
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Filing 83
Memorandum in Support re #80 MOTION to Seal filed by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Kelly, Kristi)
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Filing 82
Sealed Attachment/Exhibit(s). (Attachments: #1 Exhibit 9 to Amended Complaint, #2 Exhibit 10 to Amended Complaint, #3 Exhibit 11 to Amended Complaint, #4 Exhibit 12 to Amended Complaint)(Kelly, Kristi)
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Filing 81
Notice of Filing Sealing Motion LCvR5(C) by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker (Kelly, Kristi)
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Filing 80
MOTION to Seal by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Emily Murphy, Regina Nolte, Willie Rose, John Tucker. (Attachments: #1 Proposed Order)(Kelly, Kristi)
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Filing 79
AMENDED COMPLAINT against A.C. Israel Enterprises, Inc., Cabbage City, LLC, E Opportunities, LLC, Ferrell Capital, LLC, Benjamin Gravley, Hymken, LP, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Kai Investments, LLC, George Kellner, Kellner Capital, LP, Richard Investors, LLC, Seville, LTD., Signal Light, LLC, Skye, LLC, Greg Warner, Amit Raizada, Spectrum Business Ventures, Inc., Raizada Group, LLP, filed by Willie Rose, Sherry Blackburn, Jo Ann Falash, Elwood Bumbray, George Hengle, Regina Nolte, John Tucker, Emily Murphy. (Attachments: #1 Exhibit 1 - NPA Overview, #2 Exhibit 2 - NPA Business Plan, #3 Exhibit 3 - NPA Services Agreement, #4 Exhibit 4 - Sept. 2012 Email Chain, #5 Exhibit 5 - Oct. 2012 Email Chain, #6 Exhibit 6- Letter from Raizada, #7 Exhibit 7 - Sept. 2012 Letter to NPA Investors, #8 Exhibit 8 - May 2013 Letter to NPA Investors, #9 Exhibit 9 - Placeholder (filed under seal), #10 Exhibit 10 - Placeholder (filed under seal), #11 Exhibit 11 - Placeholder (filed under seal), #12 Exhibit 12 - Placeholder (filed under seal), #13 Exhibit 13 - Sept. 2012 Email, #14 Exhibit 14 - Aug. 2013 Email, #15 Exhibit 15 - Sept. 2013 Email)(Kelly, Kristi)
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Filing 78
Memorandum in Support re #77 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by George Kellner, Kellner Capital, LP. (Anthony, David)
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Filing 77
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by George Kellner, Kellner Capital, LP. (Anthony, David)
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Filing 76
ORDER (Granting Motion to Extend Time) - This matter comes before the Court on Defendants Kellner Capital, LLC's and George Kellner's (collectively, "the Kellner Defendants") Consent Motion for a Further Extension of Time (ECF No. 71), moving to extend their time to respond to the Complaint. For good cause shown, and because Plaintiffs consent, the Comt hereby GRANTS the Motion. The Kellner Defendants shall file their responses to the Complaint on or before August 26, 2022. Signed by District Judge David J. Novak on 8/23/2022. (smej, )
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Filing 75
Financial Interest Disclosure Statement (Local Rule 7.1) by Skye, LLC. (Prince, William)
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Filing 74
Financial Interest Disclosure Statement (Local Rule 7.1) by Joseph NPA Investment, LLC,. (Prince, William)
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Filing 73
Financial Interest Disclosure Statement (Local Rule 7.1) by Joseph Investments, LLC. (Prince, William)
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Filing 72
Financial Interest Disclosure Statement (Local Rule 7.1) by E Opportunities, LLC. (Attachments: #1 Exhibit A - Certificate of Cancellation)(Prince, William)
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Filing 71
Consent MOTION for Extension of Time to File Answer (Defendants', Kellner Capital, LLC and George Kellner, Consent Motion for a Further Extension of Time) by George Kellner, Kellner Capital, LP. (Attachments: #1 Exhibit 1 (Proposed Agreed Order))(Anthony, David)
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Filing 70
ORDER granting #51 Motion for Robert Bruce Gilmore to appear Pro hac vice for E Opportunities, LLC, Joseph NPA Investment, LLC. Signed by District Judge David J. Novak on 7/28/2022. (smej, )
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Filing 69
ORDER granting #50 Motion for Jonathan Eric Missner to appear Pro hac vice for E Opportunities, LLC, Joseph NPA Investment, LLC. Signed by District Judge David J. Novak on 7/28/2022. (smej, )
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Filing 68
ORDER granting #49 Motion for David Foster Herman to appear Pro hac vice for Benjamin Gravley, Hymken, LP, Signal Light, LLC. Signed by District Judge David J. Novak on 7/25/2022. (smej, )
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Filing 67
ORDER granting #48 Motion for Jonathan P. Boughrum to appear Pro hac vice for Benjamin Gravely, Hymken, LP, Signal Light, LLC. Signed by District Judge David J. Novak on 7/25/2022. (smej, )
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Filing 66
ORDER granting #47 Motion for Richard Lawrence Scheff to appear Pro hac vice for Benjamin Gravley, Hymken, LP, Signal Light, LLC. Signed by District Judge David J. Novak on 7/25/2022. (smej, )
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Filing 65
ORDER (Granting Motion to Seal) - The Court hereby GRANTS the LP Investor Defendants' Motion to Seal Exhibit A to their Memorandum in Support of their Joint Motion to Dismiss (ECF No. 57) and hereby ORDERS that this Exhibit shall be filed under seal until further order of the Court. The unredacted version of this document (ECF No. 54-1) shall remain unsealed. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 7/25/2022. (smej, )
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Filing 64
Financial Interest Disclosure Statement (Local Rule 7.1) by Signal Light, LLC. (Erbach, John)
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Filing 63
Financial Interest Disclosure Statement (Local Rule 7.1) by Hymken, LP. (Erbach, John)
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Filing 62
Memorandum in Support re #61 MOTION to Dismiss for Failure to State a Claim filed by Benjamin Gravley, Hymken, LP, Signal Light, LLC. (Erbach, John)
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Filing 61
MOTION to Dismiss for Failure to State a Claim by Benjamin Gravley, Hymken, LP, Signal Light, LLC. (Erbach, John)
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Filing 60
Sealed Attachment/Exhibit(s) re #54 Memorandum in Support,. (Prince, William)
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Filing 59
Notice of Filing Sealing Motion LCvR5(C) by E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC re #57 MOTION to Seal Exhibit A to Defendants' Memorandum in Support of the LP Investor Defendants' Joint Rule 12(b)(6) Motion to Dismiss Plaintiffs' Complaint (Prince, William)
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Filing 58
Memorandum in Support re #57 MOTION to Seal Exhibit A to Defendants' Memorandum in Support of the LP Investor Defendants' Joint Rule 12(b)(6) Motion to Dismiss Plaintiffs' Complaint filed by E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Attachments: #1 Proposed Order (Granting Motion to Seal))(Prince, William)
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Filing 57
MOTION to Seal Exhibit A to Defendants' Memorandum in Support of the LP Investor Defendants' Joint Rule 12(b)(6) Motion to Dismiss Plaintiffs' Complaint by E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Prince, William)
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Filing 56
Corporate Disclosure Statement by Richard Investors, LLC. (Hoffman, Ian)
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Filing 55
Memorandum in Support re #52 Joint MOTION to Dismiss for Lack of Jurisdiction (Moving Defendants Identified in Motion) filed by E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Prince, William)
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Filing 54
Memorandum in Support re #53 Joint MOTION to Dismiss for Failure to State a Claim (Moving Defendants Identified in Motion) filed by E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Attachments: #1 Exhibit A - NPA Investors Limited Partnership Agreement (being filed under seal))(Prince, William)
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Filing 53
Joint MOTION to Dismiss for Failure to State a Claim (Moving Defendants Identified in Motion) by E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Prince, William)
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Filing 52
Joint MOTION to Dismiss for Lack of Jurisdiction (Moving Defendants Identified in Motion) by E Opportunities, LLC, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Prince, William)
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Filing 51
Motion to appear Pro Hac Vice by Robert B. Gilmore and Certification of Local Counsel William D. Prince IV Filing fee $ 75, receipt number AVAEDC-8485801. by E Opportunities, LLC, Joseph NPA Investment, LLC,. (Prince, William)
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Filing 50
Motion to appear Pro Hac Vice by Jonathan E. Missner and Certification of Local Counsel William D. Prince IV Filing fee $ 75, receipt number AVAEDC-8485779. by E Opportunities, LLC, Joseph NPA Investment, LLC,. (Prince, William)
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Filing 49
Motion to appear Pro Hac Vice by David Foster Herman and Certification of Local Counsel John Michael Erbach Filing fee $ 75, receipt number AVAEDC-8483391. by Benjamin Gravley, Hymken, LP, Signal Light, LLC. (Erbach, John)
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Filing 48
Motion to appear Pro Hac Vice by Jonathan P. Boughrum and Certification of Local Counsel John Michael Erbach Filing fee $ 75, receipt number AVAEDC-8483385. by Benjamin Gravley, Hymken, LP, Signal Light, LLC. (Erbach, John)
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Filing 47
Motion to appear Pro Hac Vice by Richard L. Scheff and Certification of Local Counsel John Michael Erbach Filing fee $ 75, receipt number AVAEDC-8483377. by Benjamin Gravley, Hymken, LP, Signal Light, LLC. (Erbach, John)
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Filing 46
NOTICE of Appearance by William Woodul Tunner on behalf of E Opportunities, LLC (Tunner, William)
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Filing 45
NOTICE of Appearance by William Daniel Prince, IV on behalf of E Opportunities, LLC (Prince, William)
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Filing 44
ORDER (Granting Joint Motion for Uniform Briefing Schedule and Approach) - This matter comes before the Court on the Parties' Joint Motion for a Uniform Briefing Schedule, moving for a streamlined approach for briefing Defendants' anticipated Rule 12 motions in response to Plaintiffs' Complaint (ECF No. 42). For good cause shown, and because the parties agree, the Court hereby GRANTS the Motion. SEE ORDER FOR DEADLINES AND DETAILS. Signed by District Judge David J. Novak on 7/14/2022. (smej, )
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Filing 43
Memorandum in Support re #42 Joint MOTION for Uniform Briefing Schedule and Streamlined Approach for Briefing Defendants' Rule 12 Motions filed by Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Prince, William)
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Filing 42
Joint MOTION for Uniform Briefing Schedule and Streamlined Approach for Briefing Defendants' Rule 12 Motions by Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Attachments: #1 Proposed Order)(Prince, William)
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Filing 41
ORDER (Granting Motion to Extend Time) - This matter comes before the Court on Defendants Kellner Capital, LLC's and George Kellner's (collectively, "the Kellner Defendants") Consent Motion for an Extension, moving to extend their time to response to the Complaint (ECF No. 40). For good cause shown, and because Plaintiffs consent, the Court hereby GRANTS the Motion. The Kellner Defendants shall file their responses to the Complaint on or before August 19, 2022. Signed by District Judge David J. Novak on 7/6/2022. (smej, )
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Filing 40
Consent MOTION for Extension of Time to File Answer by George Kellner, Kellner Capital, LP. (Attachments: #1 Exhibit 1 (Proposed Order))(Anthony, David)
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Filing 39
ORDER granting #32 Motion for James Herschlein to appear Pro hac vice for A.C. Israel Enterprises, Inc., Richard Investors, LLC, and Greg Warner. Signed by District Judge David J. Novak on 6/27/2022. (smej, )
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Filing 38
ORDER (Granting Motion to Extend Time) - This matter comes before the Court on Defendants' Unopposed Motion for an Extension, moving to extend their time to response to the Complaint (ECF No. 37). For good cause shown, and because Plaintiffs do not object, the Court hereby GRANTS the Motion. Defendants Monu Joseph, Joseph Investment, LLC, Joseph NPA Investment, LLC, Skye, LLC, A.C. Israel Enterprises, Inc., dlbla Ingleside Investors, Richard Investors LLC, Greg Warner, Ferrell Capital, Seville, Ltd, Benjamin Gravley, Signal Light, LLC and HVMKEN, LP shall file their responses to the Complaint on or before July 22, 2022. Signed by District Judge David J. Novak on 6/27/2022. (smej, )
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Filing 37
Consent MOTION for Extension of Time for Defendants to Respond to Plaintiffs' Complaint by Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Skye, LLC. (Attachments: #1 Exhibit A - Proposed Agreed Order)(Prince, William)
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Filing 36
NOTICE of Appearance by Maurice Francis Mullins on behalf of Benjamin Gravley, Hymken, LP, Signal Light, LLC (Mullins, Maurice)
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Filing 34
Certificate of Compliance as to Kai Investments, LLC. (jsmi, )
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Filing 35
Certificate of Compliance as to Benjamin Gravley served on 6/13/2022, answer due 7/4/2022; Kai Investments, LLC served on 6/13/2022, answer due 7/4/2022; George Kellner served on 6/13/2022, answer due 7/4/2022; Kellner Capital, LP served on 6/13/2022, answer due 7/4/2022; Richard Investors, LLC served on 6/13/2022, answer due 7/4/2022. (smej, )
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Filing 33
SUMMONS Returned Executed by Willie Rose, Sherry Blackburn, Jo Ann Falash, Elwood Bumbray, George Hengle, Regina Nolte as to E Opportunities, LLC served on 5/20/2022, answer due 6/10/2022 (Kelly, Kristi) Modified to correct answer due date per correct served date on 6/10/2022 (smej, ).
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Filing 32
Motion to appear Pro Hac Vice by James Herschlein and Certification of Local Counsel Filing fee $ 75, receipt number AVAEDC-8419642. by A.C. Israel Enterprises, Inc., Richard Investors, LLC, Greg Warner. (Hoffman, Ian)
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Filing 31
ORDER granting #23 Motion for Jonathan Eric Missner to appear Pro hac vice for Monu Joseph, Joseph Investments, LLC, Skye, LLC. Signed by District Judge David J. Novak on 6/2/2022. (smej, )
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Filing 30
ORDER granting #22 Motion for Robert Bruce Gilmore to appear Pro hac vice for Monu Joseph, Joseph Investments, LLC, Skye, LLC. Signed by District Judge David J. Novak on 6/2/2022. (smej, )
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Filing 29
NOTICE of Appearance by Ian S. Hoffman on behalf of Richard Investors, LLC (Hoffman, Ian)
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Filing 28
ORDER (Granting Motion to Extend Time) - This matter comes before the Court on Defendants Benjamin Gravley, HVMKEN LP and Signal Light, LLC's Consent Motion for Extension, moving for an extension of time to respond to the Class Action Complaint (ECF No. 27). For good cause shown, and because Plaintiffs consent, the Court hereby GRANTS the Motion. Defendants Gravley, HVMKEN LP and Signal Light, LLC shall file their responsive pleadings on or before July 1, 2022. Signed by District Judge David J. Novak on 6/3/2022. (smej, )
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Filing 27
Consent MOTION for Extension of Time to Respond to Complaint by Benjamin Gravley, Hymken, LP, Signal Light, LLC. (Attachments: #1 Proposed Order)(Erbach, John)
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Filing 26
SUMMONS Returned Executed by Willie Rose, Sherry Blackburn, Jo Ann Falash, Elwood Bumbray, George Hengle, Regina Nolte Hymken, LP served on 5/19/2022, answer due 6/9/2022 (Kelly, Kristi)
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Filing 25
Summons Reissued as to Kai Investments, LLC. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronicallyissued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (smej, )
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Filing 24
WAIVER OF SERVICE Returned Executed by Willie Rose, Sherry Blackburn, Jo Ann Falash, Elwood Bumbray, George Hengle, Regina Nolte. Monu Joseph waiver sent on 5/3/2022, answer due 7/4/2022; Joseph Investments, LLC waiver sent on 5/3/2022, answer due 7/4/2022; Skye, LLC waiver sent on 5/3/2022, answer due 7/4/2022. (Kelly, Kristi)
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Filing 23
Motion to appear Pro Hac Vice by Jonathan E. Missner and Certification of Local Counsel William D. Prince IV Filing fee $ 75, receipt number AVAEDC-8411151. by Monu Joseph, Joseph Investments, LLC, Skye, LLC. (Prince, William)
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Filing 22
Motion to appear Pro Hac Vice by Robert B. Gilmore and Certification of Local Counsel William D. Prince IV Filing fee $ 75, receipt number AVAEDC-8411132. by Monu Joseph, Joseph Investments, LLC, Skye, LLC. (Prince, William)
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Filing 21
Certificates of Compliance. Benjamin Gravley served on 5/27/2022, answer due 6/17/2022; George Kellner served on 5/27/2022, answer due 6/17/2022; Richard Investors, LLC served on 5/27/2022, answer due 6/17/2022. (jsmi, )
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Filing 20
NOTICE of Appearance by William Woodul Tunner on behalf of Monu Joseph, Joseph Investments, LLC, Skye, LLC (Tunner, William)
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Filing 19
NOTICE of Appearance by William Daniel Prince, IV on behalf of Monu Joseph, Joseph Investments, LLC, Skye, LLC (Prince, William)
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Filing 18
Proposed Summons re #1 Complaint Kai Investments, LLC by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Regina Nolte, Willie Rose. (Bennett, Leonard)
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Filing 17
SUMMONS Returned Executed. Cabbage City, LLC served on 4/13/2022, answer due 5/4/2022; Ferrell Capital, LLC served on 4/13/2022, answer due 5/4/2022. (Kelly, Kristi)
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Filing 16
SUMMONS Returned Executed by Willie Rose, Sherry Blackburn, Jo Ann Falash, Elwood Bumbray, George Hengle, Regina Nolte. Joseph NPA Investment, LLC, served on 4/13/2022, answer due 5/4/2022; Kai Investments, LLC served on 4/13/2022, answer due 5/4/2022 (Kelly, Kristi) Modified to correct served on date and answer due date for Joseph NPA Investment, LLC on 5/19/2022 (jsmi, ).
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Filing 15
ORDER (Granting Motion to Extend Time) - This matter comes before the Court on Defendants A.C. Israel Enterprises, Inc., d/b/a Ingleside Investors, and Greg Warners Consent Motion for Extension of Time, moving for an extension of time to respond to the Class Action Complaint (ECF No. 14). For good cause shown, and because Plaintiffs do not object, the Court hereby GRANTS the Motion. Defendants A.C. Israel Enterprises, Inc. and Warner shall file their responsive pleadings on or before July 1, 2022. Signed by District Judge David J. Novak on 5/18/2022. (smej, )
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Filing 14
MOTION for Extension of Time to File Response/Reply as to #1 Complaint Defendants A.C. Israel Enterprises, Inc., D/B/A Ingleside Investors and Greg Warner's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Class Action Complaint by A.C. Israel Enterprises, Inc., Greg Warner. (Attachments: #1 Proposed Order)(Hoffman, Ian)
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Filing 13
Corporate Disclosure Statement by A.C. Israel Enterprises, Inc.. (Hoffman, Ian)
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Filing 12
NOTICE of Appearance by Ian S. Hoffman on behalf of A.C. Israel Enterprises, Inc., Greg Warner (Hoffman, Ian)
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Filing 11
Corporate Disclosure Statement by Kai Investments, LLC. (Sherman, Sean)
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Filing 10
ANSWER to Complaint by Kai Investments, LLC.(Sherman, Sean)
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Filing 9
ORDER (Granting Motion to Extend Time) - This matter comes before the Court on Defendants Ferrell Capital, Inc. (Ferrell Capital) and Seville, Ltd. (Seville) (collectively, Defendants) Motion for Extension, moving to extend their time to respond to the Complaint (ECF No. 6). For good cause shown, and because the parties agree, the Court hereby GRANTS the Motion. Defendants shall have until July 1, 2022, to respond to the amended complaint. Signed by District Judge David J. Novak on 5/4/2022. (smej, )
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Filing 8
Corporate Disclosure Statement by Seville, LTD.. (Doolittle, Amy)
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Filing 7
Corporate Disclosure Statement by Ferrell Capital, LLC. (Doolittle, Amy)
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Filing 6
MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Ferrell Capital, LLC, Seville, LTD.. (Attachments: #1 Proposed Order)(Doolittle, Amy)
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Filing 5
NOTICE of Appearance by Amy Brown Doolittle on behalf of Ferrell Capital, LLC, Seville, LTD. (Doolittle, Amy)
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Filing 4
Certificate of Compliance as to Kellner Capital, LP served on 4/22/2022, answer due 5/13/2022. (smej, )
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Filing 3
Summons Issued as to A.C. Israel Enterprises, Inc., Cabbage City, LLC, E Opportunities, LLC, Ferrell Capital, LLC, Benjamin Gravley, Hymken, LP, Monu Joseph, Joseph Investments, LLC, Joseph NPA Investment, LLC,, Kai Investments, LLC, George Kellner, Kellner Capital, LP, Richard Investors, LLC, Seville, LTD., Signal Light, LLC, Skye, LLC, The David J. Vittor Trust, David J Vittor, Greg Warner, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (smej, )
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Filing 2
Proposed Summons by Sherry Blackburn, Elwood Bumbray, Jo Ann Falash, George Hengle, Regina Nolte, Willie Rose. (Kelly, Kristi)
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Initial Case Assignment to District Judge David J. Novak. (smej, )
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Notice of Correction: The filing attorney is instructed to file the proposed summons (on non-fillable forms) to serve the defendants, or if waiving service, to notify the court in writing by electronically filing the notice. (smej, )
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Filing 1
Complaint (Filing Fee: $402.00, Receipt Number: AVAEDC-8293819), filed by Willie Rose, Sherry Blackburn, Jo Ann Falash, Elwood Bumbray, George Hengle, Regina Nolte. (Attachments: #1 Civil Cover Sheet) (Kelly, Kristi)
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