Marlin & Associates Holding LLC et al v. Think Finance, Inc.
| New York Southern District Court | |
| Judge: | Sidney H Stein |
| Referred: | Kevin Nathaniel Fox |
| Case #: | 1:17-cv-04977 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332bc Diversity-Breach of Contract |
| Case Filed: | Jun 30, 2017 |
| Terminated: | Oct 18, 2021 |
| Last checked: Wednesday Dec 27, 2017 4:35 AM EST |
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Defendant
Think Finance, Inc.
4150 International Plaza Suite 400
Fort Worth, TX 76109 |
Represented By
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Plaintiff
Marlin & Associates Holding LLC
570 Lexington Avenue 48th Floor
New York, NY 10022 |
Represented By
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Plaintiff
Marlin & Associates Securities LLC
570 Lexington Avenue 48th Floor
New york, NY 10022 |
Represented By
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| Docket last updated: 04/28/2024 11:59 PM EDT |
| Monday, October 18, 2021 | ||
| 29 | 29
1
pgs
order
Order of Dismissal
Mon 10/18 12:52 PM
ORDER: On March 19, 2021, this Court entered an Order [ECF No. 28] that "the Court intends to dismiss this action with prejudice on March 29, 2021" and ordered the parties to show cause why this action should not be dismissed with prejudice at that time. No response having been received by this Court to that order to show cause, IT IS HEREBY ORDERED that this action is dismissed with prejudice. The Clerk of Court shall close this case. SO ORDERED. (Signed by Judge Sidney H. Stein on 10/18/2021) (mml) |
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utility
Case Stay Lifted
Mon 10/18 12:57 PM
Case Stay Lifted. (mml) |
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| Friday, March 19, 2021 | ||
| 28 | 28
1
pgs
order
Order
Fri 03/19 5:55 PM
ORDER: The Court has received a copy of a March 12, 2021 letter from counsel to the reorganized debtors in In re Think Finance, LLC, et al., Case No. 17-33964 hdhll (N.D. Tex.) This letter, sent to Lewis Wiener, Esq., of Eversheds Sutherland, states that the "debtors have been discharged of any liability to [plaintiff] Marlin beyond the treatment provided for" in the bankruptcy plan approved by the United States Bankruptcy Court for the Northern District of Texas. Accordingly, the Court intends to dismiss this action with prejudice on March 29, 2021 at 2:00 p.m. The parties are ordered to show cause why this case should not be dismissed with prejudice on or before that date. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/19/2021) (ks) |
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| Friday, March 12, 2021 | ||
| 27 | 27
misc
Status Report
Fri 03/12 6:04 PM
STATUS REPORT. Status Update Letter re: Defendant's Bankruptcy Proceeding Document filed by Think Finance, Inc...(Zdrojeski, Ronald) |
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| Thursday, April 11, 2019 | ||
| 26 | 26
1
pgs
order
Order
Thu 04/11 4:22 PM
ORDER, It is HEREBY ORDERED that the parties shall notify the Court in writing once the bankruptcy proceeding has concluded in order that the action may then proceed. SO ORDERED. (Signed by Judge Sidney H. Stein on 4/11/2019) (kv) |
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utility
Case Stayed
Tue 04/16 11:46 AM
Case Stayed (kv) |
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| Tuesday, April 09, 2019 | ||
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notice
Notice of Case Assignment/Reassignment
Tue 04/09 8:40 AM
NOTICE OF CASE REASSIGNMENT to Judge Sidney H. Stein. Judge Robert W. Sweet is no longer assigned to the case. (sjo) |
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| Wednesday, March 27, 2019 | ||
| 25 | 25
1
pgs
order
Order Referring Case to Magistrate Judge
Mon 04/01 6:13 PM
DIRECTION TO THE BAR AND INTERIM ORDER OF REFERENCE: The Hon. Robert W. Sweet of this court having died on March 24, 2019; and Time being needed in order to effect the reassignment of the cases on his docket: IT IS HEREBY ORDERED THAT, pending the reassignment of Judge Sweet's civil cases, all urgent matters should be taken either to the Magistrate Judge who is assigned to the case or to the District Judge sitting in Part I. In cases in which Judge Sweet did not sign an order of reference, this order operates as an interim order of reference to the Magistrate Judge for interim pre-trial supervision. Routine case management requests (such as, for extension of time) should be directed to the Magistrate Judge, not to the Part I Judge. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Colleen McMahon on 3/27/2019) (ne) |
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| Tuesday, September 11, 2018 | ||
| 24 | 24
1
pgs
order
Order on Motion to Adjourn Conference
Tue 09/11 11:32 AM
ORDER granting23 Letter Motion to Adjourn Conference. So Ordered. (Signed by Judge Robert W. Sweet on 9/10/2018) (js) |
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| Friday, September 07, 2018 | ||
| 23 | 23
motion
Adjourn Conference
Fri 09/07 2:18 PM
JOINT LETTER MOTION to Adjourn Conference currently set for October 2, 2018 addressed to Judge Robert W. Sweet from Joshua D. Rievman dated September 7, 2018. Document filed by Marlin & Associates Holding LLC, Marlin & Associates Securities LLC.(Rievman, Joshua) |
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| Monday, July 09, 2018 | ||
| 22 | 22
1
pgs
order
Order for Initial Pretrial Conference
Mon 07/09 5:41 PM
PRETRIAL ORDER: Initial Conference set for 10/2/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 7/9/2018) (cf) |
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| Thursday, October 26, 2017 | ||
| 21 | 21
3
pgs
misc
Suggestion of Bankruptcy
Thu 10/26 9:53 AM
SUGGESTION OF BANKRUPTCY upon the record as to Think Finance, Inc. . Document filed by Think Finance, Inc.(Zdrojeski, Ronald) |
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| Tuesday, October 10, 2017 | ||
| 20 | 20
10
pgs
order
Protective Order
Tue 10/10 1:17 PM
STIPULATED PROTECTIVE ORDER AND CLAWBACK AGREEMENT:...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Robert W. Sweet on 10/9/2017) (js) |
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| Thursday, September 14, 2017 | ||
| 19 | 19
order
Pretrial Order ~Util - Set Hearings
Thu 09/14 3:41 PM
PRETRIAL ORDER: If this action has been settled or otherwise terminated, counsel are directed to file or mail a stipulation of discontinuance, voluntary dismissal, or other proof of termination of the action prior to the date of the pretrial conference with Tsz Chan, courtroom Clerk to Judge Sweet, Room 18C, U.S. Courthouse, 500 Pearl Street, New York, New York 10007; otherwise counsel are directed to appear in courtroom 18C on 6/5/2018 at 12 p.m. for a pretrial conference for the purpose of discussing settlement with the court, and as further set forth herein. (Pretrial Conference set for 6/5/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/14/2017) (ras) |
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| 18 | 18
order
Memo Endorsement ~Util - Set Deadlines
Thu 09/14 3:36 PM
MEMO ENDORSEMENT on re:17 Rule 26(f) Discovery Plan Report filed by Think Finance, Inc. ENDORSEMENT: So ordered. (Discovery due by 5/30/2018.) (Signed by Judge Robert W. Sweet on 9/14/2017) (ras) |
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| Wednesday, September 13, 2017 | ||
| 17 | 17
5
pgs
discov
Rule 26(f) Discovery Plan Report
Wed 09/13 1:20 PM
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Think Finance, Inc..(Zdrojeski, Ronald) |
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| Tuesday, August 22, 2017 | ||
| 16 | 16
1
pgs
order
Order
Tue 08/22 4:16 PM
ORDER: The Court finds that the parties' requests are well taken and, for good cause shown, it is hereby: ORDERED that Docket Entry No. 12 be stricken in its entirety; ORDERED that the Complaint, Docket Entry No. 1, is stricken; ORDERED that Plaintiffs acted under the Court's prior order to refile their Complaint and the redactions reflected in the refiled Complaint [Docket Entry No. 13] are permissible; ORDERED that the Plaintiffs' refiling of the Complaint does not nor shall it affect any deadlines that currently exist, nor shall it cause Think Finance to re-file its Answer. (Signed by Judge Robert W. Sweet on 8/22/2017) (ap) |
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| Friday, August 18, 2017 | ||
| 15 | 15
2
pgs
misc
Rule 7.1 Corporate Disclosure Statement
Fri 08/18 10:40 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Think Finance, Inc..(Zdrojeski, Ronald) |
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| Thursday, August 17, 2017 | ||
| 14 | 14
3
pgs
misc
Letter
Thu 08/17 9:22 AM
LETTER addressed to Judge Robert W. Sweet from Ronald W. Zdrojeski dated August 17, 2017 re: Striking certain docket entries and the entering of a Proposed Order. Document filed by Think Finance, Inc..(Zdrojeski, Ronald) |
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| Tuesday, August 15, 2017 | ||
| 13 | 13
20
pgs
cmp
Complaint
Tue 08/15 2:55 PM
COMPLAINT against Think Finance, Inc.. Document filed by Marlin & Associates Holding LLC, Marlin & Associates Securities LLC.(Lichtstein, Jeffrey) |
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Att: 1
8 pgs
Exhibit 1 of Complaint,
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Att: 2
2 pgs
Exhibit 2 of Complaint,
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Att: 3
2 pgs
Exhibit 3 of Complaint
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| Monday, August 14, 2017 | ||
| 12 | 12
3
pgs
order
Stipulation and Order
Mon 08/14 2:52 PM
JOINT STIPULATION TO REDACT SECTIONS OF COMPLAINT: The parties hereby submit the following Joint Stipulation: Plaintiff will refile its Complaint with the following redactions. The following phrases in Paragraph 4 will be redacted: "Think Finance's affiliate and designee Circle of Nations Lending Authority" and "BasePoint Capital LLC and Receivables Funding LLC". The following phrases in Paragraph 29 will be redacted: "GPL Servicing Ltd" and "that is effectively operated and controlled by Defendant". The following phrases in Paragraph 30 will be redacted: "made by Think Finance and its affiliates" and "Defendant's affiliate." Paragraphs 34 and 35 will be redacted in full. The following phrase in Paragraph 46 will be redacted: "Think Finance's affiliate and designee." Nothing herein shall be construed as an admission by Plaintiff that its Complaint violated the parties' Agreements, nor shall it affect any deadlines that currently exist, nor shall it cause Think Finance to re-file its Answer. The Court finds that the proposed Joint Stipulation, as stated above, is well taken and, for good cause shown, therefore strikes the Complaint, Docket Entry No. l, and allows Plaintiff to refile its Complaint, attached hereto with the above redactions as Exhibit A. So Ordered (Signed by Judge Robert W. Sweet on 8/14/2017) (js) |
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misc
Note Regarding Stricken Document
Tue 08/22 4:14 PM
***STRICKEN DOCUMENT. Deleted document number 12 from the case record. The document was stricken from this case pursuant to 16 Order.(ap) Modified on 8/22/2017 (ap). Modified on 8/22/2017 (ap) |
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misc
Note Regarding Stricken Document
Tue 09/19 10:33 AM
***STRICKEN DOCUMENT. Deleted document number 12 from the case record. The document was stricken from this case pursuant to 16 Order. (ap) |
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misc
Notice Regarding Deleted Document
Tue 09/19 10:35 AM
***DELETED DOCUMENT. Deleted document number 12 ORDER. As per instructions from Chambers (Yazmine), delete entire entry at Dkt. No. 12. (ap) |
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| Friday, July 28, 2017 | ||
| 11 | 11
20
pgs
answer
Answer to Complaint
Fri 07/28 2:01 PM
ANSWER to1 Complaint,. Document filed by Think Finance, Inc..(Zdrojeski, Ronald) |
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| Tuesday, July 18, 2017 | ||
| 10 | 10
service
Affidavit of Service Complaints
Tue 07/18 5:10 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Think Finance, Inc. served on 7/6/2017, answer due 7/27/2017. Service was accepted by Krista Pender, HR-Director. Document filed by Marlin & Associates Holding LLC; Marlin & Associates Securities LLC. (Rievman, Joshua) |
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| Wednesday, July 05, 2017 | ||
| 9 | 9
notice
Notice of Appearance
Wed 07/05 5:17 PM
NOTICE OF APPEARANCE by Jeffrey Marc Lichtstein on behalf of Marlin & Associates Holding LLC, Marlin & Associates Securities LLC. (Lichtstein, Jeffrey) |
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| 8 | 8
misc
Civil Cover Sheet
Wed 07/05 9:41 AM
CIVIL COVER SHEET filed. (Rievman, Joshua) |
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| 7 | 7
service
Summons Issued
Wed 07/05 9:11 AM
ELECTRONIC SUMMONS ISSUED as to Think Finance, Inc.. (rch) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Wed 07/05 9:02 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Joshua Daniel Rievman to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (rch) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Wed 07/05 9:08 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua Daniel Rievman. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 1 (Citizen of This State); Citizenship Defendant code 2 (Citizen of Another State); Dollar Demand 4,042,000;. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to none;. (rch) |
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notice
Case Opening Initial Assignment Notice
Wed 07/05 9:14 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (rch) |
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utility
Case Designation
Wed 07/05 9:15 AM
Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (rch) |
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utility
Case Designated ECF
Wed 07/05 9:15 AM
Case Designated ECF. (rch) |
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| Friday, June 30, 2017 | ||
| 6 | 6
notice
Notice of Appearance
Fri 06/30 6:39 PM
NOTICE OF APPEARANCE by Joshua Daniel Rievman on behalf of Marlin & Associates Holding LLC, Marlin & Associates Securities LLC. (Rievman, Joshua) |
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| 5 | 5
service
Request for Issuance of Summons
Fri 06/30 6:37 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Think Finance, Inc., re:1 Complaint,. Document filed by Marlin & Associates Holding LLC, Marlin & Associates Securities LLC. (Rievman, Joshua) |
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| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Fri 06/30 6:26 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Marlin & Associates Securities LLC.(Rievman, Joshua) |
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| 3 | 3
misc
Civil Cover Sheet
Fri 06/30 6:21 PM
CIVIL COVER SHEET filed. (Rievman, Joshua) |
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| 2 | 2
service
Request for Issuance of Summons
Fri 06/30 6:15 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Think Finance, Inc., re:1 Complaint,. Document filed by Marlin & Associates Holding LLC, Marlin & Associates Securities LLC. (Rievman, Joshua) |
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| 1 | 1
20
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cmp
Complaint
Fri 06/30 6:11 PM
COMPLAINT against Think Finance, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13853106)Document filed by Marlin & Associates Holding LLC, Marlin & Associates Securities LLC.(Rievman, Joshua) |
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Att: 1
7 pgs
Exhibit 1,
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Att: 2
1 pgs
Exhibit 2,
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Att: 3
1 pgs
Exhibit 3
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misc
Note Regarding Stricken Document
Mon 08/14 3:00 PM
***STRICKEN DOCUMENT. Deleted document number 1 from the case record. The document was stricken from this case pursuant to 12 Stipulation and Order,. (js) |
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misc
Note Regarding Stricken Document
Tue 09/19 10:40 AM
***STRICKEN DOCUMENT. Deleted document number 1 from the case record. The document was stricken from this case pursuant to 12 Stipulation and Order. (js) Modified on 9/19/2017 (lnl) |
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