Green Mountain Holdings (Cayman) Ltd. v. Eddington Link, LLC et al
New York Eastern District Court | |
Judge: | Eric R Komitee |
Referred: | Cheryl L Pollak |
Case #: | 1:21-cv-01729 |
Nature of Suit | 220 Real Property - Foreclosure |
Cause | 28:1345 Foreclosure |
Case Filed: | Mar 30, 2021 |
Terminated: | Mar 30, 2022 |
Last checked: Sunday Sep 26, 2021 6:05 AM EDT |
Defendant
Lisa Eddington
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Defendant
Eddington Link, LLC
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Plaintiff
Green Mountain Holdings (Cayman) Ltd.
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Represented By
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TERMINATED PARTIES | |
Defendant
John Doe and Jane Doe
Terminated: 04/16/2021
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Docket last updated: 3 hours ago |
Friday, September 13, 2024 | ||
47 | 47
![]() REPLY in Opposition re45 Objection to Report and Recommendations,42 REPORT AND RECOMMENDATIONS re36 Notice of MOTION to Vacate Default filed by Eddington Link, LLC, Lisa Eddington,33 Letter MOTION to Set Aside Default filed by Eddington Link, LLC, Lisa Eddington,34 Letter MOTION to Set Aside Default filed by Lisa Eddington, Eddington Link, LLC. (Lew, Mackenzie) |
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Thursday, September 05, 2024 | ||
46 | 46
![]() Letter MOTION to Withdraw as Attorney by Lisa Eddington, Eddington Link, LLC. |
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order
Order on Motion to Withdraw as Attorney
Thu 09/05 10:57 AM
ELECTRONIC ORDER granting46 Motion to Withdraw as Attorney. Attorney Joseph Rebella terminated. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/5/2024. (DC) |
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Friday, August 30, 2024 | ||
45 | 45
![]() OBJECTION to42 Report and Recommendations dated August 16, 2024, by the Honorable Cheryl L. Pollak filed by Green Mountain Holdings (Cayman) Ltd.. (Hadar, Shachar) |
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Monday, August 26, 2024 | ||
44 | 44
![]() NOTICE of Appearance by Shachar Hadar on behalf of Green Mountain Holdings (Cayman) Ltd. (aty to be noticed) (Hadar, Shachar) |
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Friday, August 16, 2024 | ||
43 | 43
![]() NOTICE of Appearance by Randal Wilhite on behalf of Lisa Eddington, Eddington Link, LLC (aty to be noticed) (Wilhite, Randal) |
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42 | 42
![]() REPORT AND RECOMMENDATIONS re33 34 36 Motion to Vacate Default: For the reasons set forth in the attached Report and Recommendation, the Court respectfully recommends that the District Court vacate the entry of default and the default judgment entered against defendants. Objections to R&R due by 8/30/2024 . So Ordered by Magistrate Judge Cheryl L. Pollak on 8/16/2024. (CH) |
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Thursday, August 15, 2024 | ||
41 | 41
![]() NOTICE of Appearance by Mackenzie Lew on behalf of Lisa Eddington, Eddington Link, LLC (aty to be noticed) (Lew, Mackenzie) |
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Wednesday, May 22, 2024 | ||
40 | 40
![]() REPLY in Support of Motion to Vacate Default filed by Lisa Eddington, Eddington Link, LLC. |
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order
Order Referring Motion
Wed 05/22 4:32 PM
ORDER REFERRING MOTION:36 Notice of MOTION to Vacate Default filed by Eddington Link, LLC, Lisa Eddington is respectfully referred to Magistrate Judge Cheryl L. Pollak for a Report and Recommendation. Ordered by Judge Eric R. Komitee on 5/22/2024. (APJ) |
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Wednesday, May 15, 2024 | ||
39 | 39
![]() RESPONSE in Opposition re36 Notice of MOTION to Vacate Default filed by Green Mountain Holdings (Cayman) Ltd.. (Koenen, Ashley) |
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Wednesday, May 08, 2024 | ||
38 | 38
![]() NOTICE of Appearance by Ashley Marie Koenen on behalf of Green Mountain Holdings (Cayman) Ltd. (aty to be noticed) (Koenen, Ashley) |
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37 | 37
![]() Letter Informing Court of Revised Briefing Schedule with Consent of All Parties by Green Mountain Holdings (Cayman) Ltd. (Koenen, Ashley) |
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order
Status Report Order
Wed 05/08 3:44 PM
ELECTRONIC ORDER: The stipulated revised briefing schedule at37 is So Ordered. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/8/2024. (CH) |
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Wednesday, April 24, 2024 | ||
36 | 36
![]() Notice of MOTION to Vacate Default by Lisa Eddington, Eddington Link, LLC. |
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Wednesday, April 10, 2024 | ||
order
Status Report Order
Wed 04/10 1:38 PM
ELECTRONIC ORDER re33 -34 -35 : The Court directs the parties to submit full briefing. Defendants' motion is due by 4/24/2024 . Opposition due by 5/8/2024 . Reply, if any, due by 5/15/2024 . So Ordered by Magistrate Judge Cheryl L. Pollak on 4/10/2024. (CH) |
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Tuesday, January 30, 2024 | ||
35 | 35
![]() AFFIDAVIT/DECLARATION in Opposition re34 Letter MOTION to Set Aside Default filed by Green Mountain Holdings (Cayman) Ltd.. (Malekan, Mojdeh) |
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Thursday, December 14, 2023 | ||
order
Order Referring Motion
Thu 12/14 3:46 PM
ORDER REFERRING MOTION: The MOTION to Set Aside Default33 34 filed by Defendants Eddington Link, LLC, and its sole member, Lisa Eddington, is respectfully referred to Magistrate Judge Cheryl L. Pollak for a Report and Recommendation. Ordered by Judge Eric R. Komitee on 12/14/2023. (APJ) |
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Tuesday, December 12, 2023 | ||
34 | 34
![]() Letter MOTION to Set Aside Default by Lisa Eddington, Eddington Link, LLC. |
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33 | 33
![]() Letter MOTION to Set Aside Default by Lisa Eddington, Eddington Link, LLC. |
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Friday, December 08, 2023 | ||
order
Order Reassigning Case
Fri 12/08 9:25 AM
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Cheryl L. Pollak for all further proceedings. Magistrate Judge Ramon E. Reyes, Jr no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 12/8/2023. Motions referred to Cheryl L. Pollak. (KD) |
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order
Order on Motion for Leave to Electronically File Document under Seal
Fri 12/08 4:57 PM
ORDER granting32 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov.. The Court has received Defendants' request for leave to file under seal certain portions of their Letter Motion to Set Aside Default, as well as Defendants' Medical Declaration and all exhibits attached thereto. These documents contain confidential medical records and details about personal health conditions. Defendants privacy interest in this medical information, combined with the fact that the request to seal is limited as necessary to protect this interest, support granting the motion to seal. United States v. Vinas , No. 08-CR-823 (NGG), 2017 WL 1969665, at *2 (E.D.N.Y. May 11, 2017) ("Courts have specifically recognized that 'there is a recognized privacy interest in medical records,' albeit one that is neither 'fundamental nor absolute.'"). For these reasons, the motion is granted. Ordered by Judge Eric R. Komitee on 12/8/2023. (ALR) |
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Thursday, December 07, 2023 | ||
32 | 32
![]() Letter MOTION for Leave to Electronically File Document under Seal by Lisa Eddington, Eddington Link, LLC. |
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31 | 31
![]() NOTICE of Appearance by Joseph Rebella on behalf of Lisa Eddington, Eddington Link, LLC (aty to be noticed) |
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Tuesday, October 24, 2023 | ||
29 | 29
![]() AFFIDAVIT/AFFIRMATION re28 First MOTION for Order of Sale for Judgment of Foreclosure and Sale by Green Mountain Holdings (Cayman) Ltd. (Malekan, Mojdeh) |
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28 | 28
![]() First MOTION for Order of Sale for Judgment of Foreclosure and Sale by Green Mountain Holdings (Cayman) Ltd.. (Malekan, Mojdeh) |
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Friday, October 13, 2023 | ||
order
Order on Motion to Appoint Appoint Receiver/Referee
Fri 10/13 11:17 AM
ORDER re25 Motion to Appoint Appoint Receiver/Referee by Green Mountain Holdings (Cayman) Ltd. -- The Court appoints Dominic J. Famulari, Esq. as Referee in this action. Mr. Famulari shall examine and report whether or not the mortgaged premises should be sold in parcels, and make his report no later than sixty (60) days of the date of this Order. Except for good cause shown, Plaintiff shall move for judgment of foreclosure and sale no later than sixty (60) days of the date of the report. Ordered by Judge Eric R. Komitee on 10/13/2023. (AG) |
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Friday, January 20, 2023 | ||
27 | 27
![]() Letter re: appointment of referee by Green Mountain Holdings (Cayman) Ltd. (Malekan, Mojdeh) |
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Monday, December 05, 2022 | ||
26 | 26
![]() Letter Re Order dated 12/5/2022 by Green Mountain Holdings (Cayman) Ltd. (Malekan, Mojdeh) |
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order
Order(Other)
Mon 12/05 4:28 PM
ORDER re25 First MOTION to Appoint Appoint Receiver/Referee filed by Green Mountain Holdings (Cayman) Ltd. -- Exhibit A to Plaintiff's First MOTION to Appoint Receiver/Referee omits the resume for proposed referee Allan Mendelsohn, Esq. Plaintiffs are directed to submit a corrected copy of Exhibit A that includes Mendelsohn's resume by December 9, 2022. Ordered by Judge Eric R. Komitee on 12/5/2022. (AG) |
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Monday, November 28, 2022 | ||
25 | 25
![]() First MOTION to Appoint Appoint Receiver/Referee by Green Mountain Holdings (Cayman) Ltd.. (Malekan, Mojdeh) |
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Wednesday, November 23, 2022 | ||
24 | 24
![]() NOTICE of Appearance by Mojdeh Malekan on behalf of Green Mountain Holdings (Cayman) Ltd. (notification declined or already on case) (Malekan, Mojdeh) |
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23 | 23
![]() NOTICE of Appearance by Mojdeh Malekan on behalf of Green Mountain Holdings (Cayman) Ltd. (aty to be noticed) (Malekan, Mojdeh) |
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Thursday, November 10, 2022 | ||
order
Order(Other)
Thu 11/10 9:14 AM
ORDER -- Plaintiff shall submit the standalone curriculum vitae or resume of each proposed referee on or before December 1, 2022. As previously ordered, Plaintiff shall also submit a letter, not to exceed three pages, setting out the proposed fees to be paid and explaining the basis for those fees under New York law. In addition, Plaintiff shall submit a proposed order appointing a referee that complies with Federal Rule of Civil Procedure 53, or in the alternative a letter, not to exceed three pages, that explains why Rule 53 should not apply. Ordered by Judge Eric R. Komitee on 11/10/2022. (MR) |
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Wednesday, November 02, 2022 | ||
22 | 22
![]() Letter Regarding List of Special Masters by Green Mountain Holdings (Cayman) Ltd. (Light, Danielle) |
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Monday, July 25, 2022 | ||
order
Order(Other)
Mon 07/25 9:37 AM
ORDER -- Plaintiff shall submit the curriculum vitae of each proposed referee on or before August 24, 2022, and shall also submit a letter, not to exceed three pages, setting out the proposed fees to be paid and explaining the basis for those fees under New York law. In addition, Plaintiff shall submit a proposed order appointing a referee that complies with Federal Rule of Civil Procedure 53, or in the alternative, a letter, not to exceed three pages, that explains why Rule 53 should not apply. Ordered by Judge Eric R. Komitee on 7/25/2022. (Guy, Alicia) |
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Wednesday, March 30, 2022 | ||
21 | 21
![]() DEFAULT JUDGMENT that Plaintiff's motion for default judgment is granted; that Plaintiff is awarded a total amount $364,408.48 plus post-judgment interest pursuant to 28 U.S.C. § 1961(a); and that Plaintiff is directed to submit, by April 11, 2022, a list of three proposed special masters to ascertain and compute the amounts due to Plaintiff under the mortgage, determine whether the premise may be sold in one parcel, and to conduct the foreclosure sale of the Property; and that finally, Plaintiff is permitted to seek a post-sale deficiency judgment should a deficiency exist after the sale of the Property. Signed Brenna B. Mahoney, Clerk of Court by Jalitza Poveda, Deputy Clerk on 3/29/2022. (Lee, Tiffeny) |
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Monday, March 28, 2022 | ||
20 | 20
![]() Letter List of Proposed Referees by Green Mountain Holdings (Cayman) Ltd. (Light, Danielle) |
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19 | 19
![]() MEMORANDUM & ORDER : The R&R16 is adopted in its entirety. Thus, Plaintiff's motion for default judgment14 is granted and Plaintiff is awarded: (1) $250,000 for the outstanding principal balance on the Note; (2) $99,943.04 for unpaid interest for the period of May 2, 2020 through December 31, 2021; (3) $164.38 in per diem interest until the date of judgment; and (4) post-judgment interest pursuant to 28 U.S.C. § 1961(a). The Clerk of Court is respectfully directed to enter judgment. ORDER ATTACHED . Ordered by Judge Eric R. Komitee on 3/28/2022. (Guy, Alicia) (Main Document 19 replaced on 3/29/2022) (Guy, Alicia). |
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Thursday, January 27, 2022 | ||
18 | 18
![]() AFFIDAVIT of Service for Affidavit of Service by Mail Report and Recommendation served on Eddington Link LLC and Lisa Eddington on January 5, 2022, filed by Green Mountain Holdings (Cayman) Ltd.. (Light, Danielle) |
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Monday, January 03, 2022 | ||
17 | 17
![]() Letter Proposing Referee to Conduct Sale Pursuant to Report and Recommendation dated December 31, 2021 by Green Mountain Holdings (Cayman) Ltd. (Light, Danielle) |
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Friday, December 31, 2021 | ||
16 | 16
![]() REPORT AND RECOMMENDATIONS re14 MOTION for Default Judgment. For the reasons set forth in the attached Report and Recommendation, I respectfully recommend that Plaintiff's motion for default judgment be granted, and that Plaintiff be awarded: (1) $250,000 for the outstanding principal balance on the Note; (2) $99,943.04 for unpaid interest for the period of May 2, 2020 through December 31, 2021; (3) $164.38 in per diem interest until the date of judgment; and (4) post-judgment interest pursuant to 28 U.S.C. § 1961(a). I further recommend that a special master be appointed to ascertain and compute the amounts due to Plaintiff under the mortgage, determine whether the premise may be sold in one parcel, and to conduct the foreclosure sale of the Property, the proceeds from which should be applied to the amount due under the Note. Finally, should a deficiency exist after the sale of the Property, I respectfully recommend that Plaintiff be permitted to seek a post-sale deficiency judgment against Defendant Lisa Eddington. Plaintiff's counsel is hereby directed to serve copies of this Report and Recommendation upon Defendants by regular and certified mail and to file proof of service with the Clerk of the Court. Any objections to the recommendations made in this Report must be filed with the Clerk of the Court and the Honorable Eric R. Komitee within fourteen (14) days of receipt hereof. Failure to file timely objections waives the right to appeal the District Courts Order. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Small v. Secy of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989). Objections to R&R due by 1/14/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 12/31/2021. (Gay, Krista) |
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Thursday, May 13, 2021 | ||
15 | 15
![]() AFFIDAVIT of Service for Notice of Motion for Default Judgement served on Eddington Link, LLC, Lisa Eddington on May 12, 2021, filed by Green Mountain Holdings (Cayman) Ltd.. (Weinberg, Seth) |
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order
Order Referring Motion
Thu 05/13 10:23 AM
ORDER REFERRING MOTION: The MOTION for Default Judgment14 filed by Green Mountain Holdings (Cayman) Ltd. is respectfully referred to Magistrate Judge Ramon E. Reyes, Jr. for a Report and Recommendation. Ordered by Judge Eric R. Komitee on 5/13/2021. (Guy, Alicia) |
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Wednesday, May 12, 2021 | ||
14 | 14
![]() MOTION for Default Judgment by Green Mountain Holdings (Cayman) Ltd.. (Weinberg, Seth) (Attachment 5 replaced on 5/13/2021) (Lee, Tiffeny). |
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Monday, May 10, 2021 | ||
13 | 13
![]() Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Eddington Link, LLC has failed to appear or otherwise defend this action, the default of defendant Eddington Link, LLC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
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12 | 12
![]() Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Lisa Eddington has failed to appear or otherwise defend this action, the default of defendant Lisa Eddington is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
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Wednesday, May 05, 2021 | ||
11 | 11
![]() AFFIDAVIT of Service for Commercial Mortgagor's Declaration of Covid-19 Related Hardship served on Eddington Link, LLC on May 5, 2021, filed by Green Mountain Holdings (Cayman) Ltd.. (Weinberg, Seth) |
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Tuesday, May 04, 2021 | ||
10 | 10
![]() Request for Certificate of Default by Green Mountain Holdings (Cayman) Ltd. (Weinberg, Seth) |
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9 | 9
![]() Request for Certificate of Default by Green Mountain Holdings (Cayman) Ltd. (Weinberg, Seth) |
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Friday, April 16, 2021 | ||
8 | 8
![]() NOTICE of Voluntary Dismissal by Green Mountain Holdings (Cayman) Ltd. as to the defendants JOHN DOE and JANE DOE (Weinberg, Seth) |
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7 | 7
![]() SUMMONS Returned Executed by Green Mountain Holdings (Cayman) Ltd.. Lisa Eddington served on 4/9/2021, answer due 4/30/2021. (Weinberg, Seth) |
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6 | 6
![]() SUMMONS Returned Executed by Green Mountain Holdings (Cayman) Ltd.. Eddington Link, LLC served on 4/9/2021, answer due 4/30/2021. (Weinberg, Seth) |
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Tuesday, March 30, 2021 | ||
5 | 5
![]() This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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4 | 4
![]() In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
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3 | 3
![]() Summons Issued as to All Defendants. (Bowens, Priscilla) |
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2 | 2
![]() NOTICE of Appearance by Seth Daniel Weinberg on behalf of Green Mountain Holdings (Cayman) Ltd. (aty to be noticed) (Weinberg, Seth) |
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1 | 1
![]() COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14325694 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Green Mountain Holdings (Cayman) Ltd.. (Light, Danielle) (Attachment 7 replaced on 3/31/2021) (Lee, Tiffeny). |
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utility
Case Assigned/Reassigned
Tue 03/30 4:27 PM
Case Assigned to Judge Eric R. Komitee and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |