ELONIS et al v. FXWINNING LIMITED
| Pennsylvania Eastern District Court | |
| Judge: | John F Murphy |
| Case #: | 2:23-cv-02664 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 15:78m(a) Securities Exchange Act |
| Case Filed: | Jul 12, 2023 |
| Terminated: | Oct 13, 2023 |
| Last checked: Monday Jan 08, 2024 4:44 AM EST |
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Defendant
FXWINNING LIMITED
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Represented By
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Plaintiff
MATTHEW ELONIS
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Represented By
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Plaintiff
THEODORE ELONIS
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Represented By
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| TERMINATED PARTIES | |
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Defendant
RAFAEL BRITO CUTIE
Terminated: 10/06/2023
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Defendant
ROMAN CARDENAS
Terminated: 10/06/2023
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Defendant
CFT SOLUTIONS, LLC
Terminated: 08/25/2023
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Represented By
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Defendant
RENAN DE ROCHA GOMES BASTOS
Terminated: 08/25/2023
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Represented By
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Defendant
YVENSON ISRAEL
Terminated: 10/06/2023
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Represented By
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Defendant
SAZEDUL KHAN
Terminated: 10/06/2023
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Defendant
WANDY TOUSSAINT
Terminated: 10/06/2023
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Represented By
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| Docket last updated: 4 hours ago |
| Friday, October 13, 2023 | ||
| 41 | 41
3
pgs
notice
Notice of Voluntary Dismissal
Fri 10/13 2:36 PM
NOTICE of Voluntary Dismissal by MATTHEW ELONIS, THEODORE ELONIS As To all defendants(IN DEN BERKEN, GREGORY) |
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| Monday, October 09, 2023 | ||
| 40 | 40
motion
Quash Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim
Mon 10/09 7:05 PM
MOTION to Quash Service of Process , MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FXWINNING LIMITED.Brief.(BARAKAT, BRIAN) |
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Att: 1
Memorandum Brief in Support,
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Att: 2
Exhibit Exhibit A - Declaration,
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Att: 3
Text of Proposed Order Proposed Order
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| Friday, October 06, 2023 | ||
| 39 | 39
notice
Notice of Voluntary Dismissal
Fri 10/06 5:36 PM
NOTICE of Voluntary Dismissal by MATTHEW ELONIS, THEODORE ELONIS As To Wandy Toussaint, Yvenson Israel, Rafael Brito Cutie, Roman Cardenas, and Sazedul Khan(IN DEN BERKEN, GREGORY) |
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| Wednesday, September 20, 2023 | ||
| 38 | 38
1
pgs
order
Order ~Util - Add and Terminate Attorneys
Wed 09/20 2:57 PM
ORDER THAT THE APPLICATION FOR, ATTORNEY JOCELYNE ANNE MACELLONI for FXWINNING LIMITED, TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE JOHN F MURPHY ON 9/20/23. 9/20/23 ENTERED AND COPIES E-MAILED.(bw) |
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| 37 | 37
1
pgs
order
Order ~Util - Add and Terminate Attorneys
Wed 09/20 2:54 PM
ORDER THAT THE APPLICATION FOR, ATTORNEY BRIAN J BARAKAT for FXWINNING LIMITED, TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE JOHN F MURPHY ON 9/20/23. 9/20/23 ENTERED AND COPIES E-MAILED.(bw) |
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| 36 | 36
misc
Application for Admission Pro Hac Vice (Credit Card Payment)
Wed 09/20 1:28 PM
APPLICATION for Admission Pro Hac Vice of Jocelyne Anne Macelloni, Esquire by FXWINNING LIMITED. ( Filing fee $ 75 receipt number APAEDC-16957431.). (TWARDOWSKI, ANTHONY) |
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| 35 | 35
misc
Application for Admission Pro Hac Vice (Credit Card Payment)
Wed 09/20 1:26 PM
APPLICATION for Admission Pro Hac Vice of Brian J. Barakat, Esquire by FXWINNING LIMITED. ( Filing fee $ 75 receipt number APAEDC-16957412.). (TWARDOWSKI, ANTHONY) |
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| Monday, September 18, 2023 | ||
| 34 | 34
order
Stipulation and Order ~Util - Set Motion and R&R Deadlines/Hearings
Mon 09/18 10:59 AM
STIPULATION AND ORDER THAT THE PARTIES AGREE THAT THE DEADLINE FOR THE ELONIS BROTHERS TO FILE THEIR OPPOSITION TO WANDY TOUSSAINTS AND YVENSON ISRAELS MOTION TO DISMISS SHALL BE 10/6/2023. SIGNED BY HONORABLE JOHN F MURPHY ON 9/18/23. 9/18/23 ENTERED AND COPIES E-MAILED.(bw) |
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| Friday, September 15, 2023 | ||
| 33 | 33
misc
Stipulation
Fri 09/15 5:58 PM
STIPULATION re28 First MOTION to Dismiss for Lack of Jurisdiction / Stipulation to Extend Time for Plaintiffs' Response to Defendants Toussaint and Israel's Motion to Dismiss by MATTHEW ELONIS, THEODORE ELONIS. (IN DEN BERKEN, GREGORY) |
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| Friday, September 08, 2023 | ||
| 32 | 32
1
pgs
order
Order on Motion for Extension of Time to Answer
Mon 09/11 8:00 AM
ORDER THAT THIS CAUSE IS BEFORE THE COURT THIS 8TH DAY OF SEPTEMBER 2023, UPON CONSIDERATION OF DEFENDANT FXWINNING, LTD.S MOTION FOR ENLARGEMENT OF TIME. THIS COURT HAS CAREFULLY CONSIDERED THE MOTION, AND IS OTHERWISE FULLY ADVISED IN THE PREMISES. THE MOTION IS GRANTED. DEFENDANT FXWINNING IS GRANTED 30 DAYS FROM THE ENTRY OF THIS ORDER TO RESPOND TO THE COMPLAINT. SIGNED BY HONORABLE JOHN F MURPHY ON 9/8/23.9/11/23 ENTERED AND COPIES E-MAILED.(bw) |
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| 31 | 31
notice
Notice of Appearance
Fri 09/08 1:19 PM
NOTICE of Appearance by JOHN PATRICK MCAVOY on behalf of FXWINNING LIMITED with Certificate of Service(MCAVOY, JOHN) |
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| 30 | 30
motion
Extension of Time to File Answer
Fri 09/08 12:49 PM
MOTION for Extension of Time to File Answer re1 Complaint (Attorney), filed by FXWINNING LIMITED.Certificate of Service.(TWARDOWSKI, ANTHONY) |
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Att: 1
Text of Proposed Order
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| 29 | 29
notice
Notice of Appearance
Fri 09/08 12:43 PM
NOTICE of Appearance by ANTHONY R. TWARDOWSKI on behalf of FXWINNING LIMITED with Certificate of Service(TWARDOWSKI, ANTHONY) |
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| Thursday, August 31, 2023 | ||
| 28 | 28
motion
Dismiss/Lack of Jurisdiction
Thu 08/31 10:44 AM
First MOTION to Dismiss for Lack of Jurisdiction filed by YVENSON ISRAEL, WANDY TOUSSAINT.Motion to Dismiss Complaint for Lack of Personal Jurisdiction.(READY, JOEL) |
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Att: 1
12 pgs
Brief Memorandum of Law in Support of Defendants' Israel and Toussaint's Motion to Dismiss Complaint for Lack of Personal Jurisdiction,
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Att: 2
Declaration Declaration of Yvenson Israel,
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Att: 3
Declaration Declaration of Wandy Toussaint
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| Monday, August 28, 2023 | ||
| 27 | 27
3
pgs
notice
Notice (Other)
Mon 08/28 5:10 PM
NOTICE by MATTHEW ELONIS, THEODORE ELONIS of Filing of Declaration of Compliance(IN DEN BERKEN, GREGORY) |
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Att: 1
Exhibit 1 - Declaration of Compliance,
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Att: 2
Exhibit 1-A - Affidavit of Service,
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Att: 3
Exhibit 1-B - Acceptance Letter,
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Att: 4
Exhibit 1-C - E-mail to FxWinning,
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Att: 5
Exhibit 1-D - Registered Mail Receipt,
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Att: 6
Exhibit 1-E - E-mail to Barakat + Bossa,
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Att: 7
Exhibit 1-F - USPS Mail Receipt and Tracking Report,
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Att: 8
Exhibit 1-G - Email from B. Barakat
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| Friday, August 25, 2023 | ||
| 26 | 26
3
pgs
notice
Notice of Voluntary Dismissal
Fri 08/25 5:12 PM
NOTICE of Voluntary Dismissal by MATTHEW ELONIS, THEODORE ELONIS As To Defendants CFT Solutions, LLC and Renan de Rocha Gomes Bastos(IN DEN BERKEN, GREGORY) |
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| Thursday, August 24, 2023 | ||
| 25 | 25
1
pgs
order
Order ~Util - Set Motion and R&R Deadlines/Hearings
Thu 08/24 2:24 PM
ORDER THAT PLAINTIFFS SHALL FILE A RESPONSE TO DEFENDANTS' MOTION TO DISMISS NO LATER THAN 8/25/23 OR IT WILL BE DEEMED UNOPPOSED. SIGNED BY HONORABLE JOHN F MURPHY ON 8/24/23. 8/24/23 ENTERED AND COPIES E-MAILED.(mbh) |
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| Tuesday, August 22, 2023 | ||
| 24 | 24
1
pgs
order
Order on Motion for Pro Hac Vice (Credit Card Payment)
Wed 08/23 8:51 AM
ORDER THAT THE APPLICATION OF JOE M. GRANT, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE JOHN F MURPHY ON 8/22/23. 8/23/23 ENTERED AND COPIES E-MAILED.(mbh) |
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| 23 | 23
motion
Pro Hac Vice (Credit Card Payment)
Tue 08/22 3:41 PM
Second MOTION for Pro Hac Vice Admission of Joe M. Grant, Esq. ( Filing fee $ 75 receipt number APAEDC-16893515.) filed by YVENSON ISRAEL, WANDY TOUSSAINT.Pro Hac Vice Application of Joe Grant, Esq..(READY, JOEL) |
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| 22 | 22
1
pgs
order
Order on Motion for Pro Hac Vice (Credit Card Payment)
Tue 08/22 2:56 PM
ORDER THAT THE NONCOMPLIANT MOTION OF JOE M. GRANT, ESQ.21 FOR ADMISSION PRO HAC VICE IS DENIED WITHOUT PREJUDICE TO MOVE COMPLIANT WITH THE POLICIES AND PROCEDURES, SECTION 4. SIGNED BY HONORABLE JOHN F MURPHY ON 8/22/23.8/22/23 ENTERED & E-MAILED.(fdc) |
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| 21 | 21
motion
Pro Hac Vice (Credit Card Payment)
Tue 08/22 10:48 AM
First MOTION for Pro Hac Vice of Joe Grant, Esq. ( Filing fee $ 75 receipt number APAEDC-16892100.) filed by YVENSON ISRAEL, WANDY TOUSSAINT.Pro Hac Vice Application of Joe Grant, Esq..(READY, JOEL) |
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| Thursday, August 10, 2023 | ||
| 20 | 20
discov
Disclosure Statement Form 7.1
Thu 08/10 12:26 PM
Disclosure Statement Form pursuant to FRCP 7.1 by CFT SOLUTIONS, LLC.(Kaplan, Justin) |
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| Wednesday, August 09, 2023 | ||
| 19 | 19
1
pgs
order
Order on Motion for Extension of Time to Answer
Thu 08/10 7:50 AM
ORDER THAT UPON CONSIDERATION OF YVENSON ISRAEL AND WANDY TOUSSAINTS MOTION FOR ENLARGEMENT OF TIME, THE SAME IS GRANTED. YVENSON ISRAEL AND WANDY TOUSSAINT ARE GRANTED 20 DAYS FROM THE ENTRY OF THIS ORDER TO RESPOND TO THE COMPLAINT. SIGNED BY HONORABLE JOHN F MURPHY ON 8/9/23.8/10/23 ENTERED AND COPIES E-MAILED.(bw) Modified on 8/10/2023 (bw) |
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| 18 | 18
motion
Extension of Time to File Answer
Wed 08/09 12:51 PM
First MOTION for Extension of Time to File Answer to the Complaint filed by YVENSON ISRAEL, WANDY TOUSSAINT.Defendants, Yvenson Israel and Wandy Toussaint's Motion for Enlargement of Time to Respond to Plaintiffs' Complaint.(READY, JOEL) |
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Att: 1
Text of Proposed Order
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| 17 | 17
notice
Notice of Appearance
Wed 08/09 7:52 AM
NOTICE of Appearance by JOEL AARON READY on behalf of YVENSON ISRAEL, WANDY TOUSSAINT (READY, JOEL) |
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| Tuesday, August 08, 2023 | ||
| 16 | 16
1
pgs
order
Order
Wed 08/09 7:01 AM
ORDER THAT IT APPEARING DEFENDANT CFT SOLUTIONS, LLC HAS NOT FILED THE DISCLOSURE STATEMENT REQUIRED BY FEDERAL RULE OF CIVIL PROCEDURE 7.1 AT THE TIME OF FILING THEIR FIRST APPEARANCE,1 AND REMINDING DEFENDANT CFT SOLUTIONS, LLC OF ITS CONTINUING OBLIGATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 7.1(B)(2) TO PROMPTLY FILE A SUPPLEMENTAL STATEMENT OF ANY CHANGES TO THE INFORMATION REQUIRED BY FEDERAL RULE OF CIVIL PROCEDURE 7.1(A), IT IS ORDERED DEFENDANT CFT SOLUTIONS, LLC SHALL FILE ITS DISCLOSURE STATEMENT NO LATER THAN AUGUST 11, 2023. SIGNED BY HONORABLE JOHN F MURPHY ON 8/8/23. 8/9/23 ENTERED AND COPIES E-MAILED.(bw) |
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| 15 | 15
1
pgs
order
Order on Motion for Pro Hac Vice (Credit Card Payment)
Tue 08/08 4:23 PM
ORDER THAT THE APPLICATION OF JUSTIN KAPLAN, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE JOHN F MURPHY ON 8/8/23. 8/8/23 ENTERED AND COPIES E-MAILED.(mbh) |
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| 14 | 14
1
pgs
order
Order on Motion for Pro Hac Vice (Credit Card Payment)
Tue 08/08 4:18 PM
ORDER THAT THE APPLICATION OF RYAN TODD, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE JOHN F MURPHY ON 8/8/23.8/8/23 ENTERED AND COPIES E-MAILED.(mbh) |
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| Friday, August 04, 2023 | ||
| 13 | 13
18
pgs
respm
Memorandum
Fri 08/04 5:07 PM
Memorandum of Law in Support re12 MOTION to Dismiss for Lack of Jurisdiction filed by CFT SOLUTIONS, LLC, RENAN DE ROCHA GOMES BASTOS.(MERCER, JEREMY) |
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Att: 1
Exhibit A - T. Elonis LPOA,
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Att: 2
Exhibit B - M. Elonis LPOA,
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Att: 3
Exhibit C - Bastos Declaration,
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Att: 4
Certificate of Service
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| 12 | 12
motion
Dismiss/Lack of Jurisdiction
Fri 08/04 5:01 PM
MOTION to Dismiss for Lack of Jurisdiction filed by CFT SOLUTIONS, LLC, RENAN DE ROCHA GOMES BASTOS.Certificate of Counsel and Certificate of Service.(MERCER, JEREMY) |
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Att: 1
Text of Proposed Order,
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Att: 2
Certificate of Service
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| 11 | 11
motion
Pro Hac Vice (Credit Card Payment)
Fri 08/04 11:14 AM
Consent MOTION for Pro Hac Vice for Justin Kaplan ( Filing fee $ 75 receipt number APAEDC-16858884.) filed by CFT SOLUTIONS, LLC, RENAN DE ROCHA GOMES BASTOS.Certificate of Counsel and Certificate of Service.(MERCER, JEREMY) |
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Att: 1
Exhibit A - Application for Pro Hac Vice Admission for Justin Kaplan,
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Att: 2
Certificate of Service
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| Thursday, August 03, 2023 | ||
| 10 | 10
service
Affidavit of Service
Thu 08/03 4:23 PM
AFFIDAVIT of Service (IN DEN BERKEN, GREGORY) |
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| 9 | 9
motion
Pro Hac Vice (Credit Card Payment)
Thu 08/03 4:20 PM
Consent MOTION for Pro Hac Vice for Ryan Todd ( Filing fee $ 75 receipt number APAEDC-16857512.) filed by CFT SOLUTIONS, LLC, RENAN DE ROCHA GOMES BASTOS.Certificate of Counsel and Certificate of Service.(MERCER, JEREMY) |
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Att: 1
Exhibit A - Application for Pro Hac Vice Admission for Ryan Todd,
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Att: 2
Certificate of Service
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| Wednesday, July 26, 2023 | ||
| 8 | 8
service
Affidavit of Service
Wed 07/26 10:35 AM
AFFIDAVIT of Service (IN DEN BERKEN, GREGORY) |
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| 7 | 7
service
Affidavit of Service
Wed 07/26 10:33 AM
AFFIDAVIT of Service (IN DEN BERKEN, GREGORY) |
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| 6 | 6
service
Affidavit of Service
Wed 07/26 10:32 AM
AFFIDAVIT of Service (IN DEN BERKEN, GREGORY) |
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| Wednesday, July 19, 2023 | ||
| 5 | 5
service
Affidavit of Service
Wed 07/19 3:46 PM
AFFIDAVIT of Service (IN DEN BERKEN, GREGORY) |
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| Monday, July 17, 2023 | ||
| 4 | 4
1
pgs
order
Order on Motion for Pro Hac Vice (Credit Card Payment)
Mon 07/17 1:12 PM
ORDER GRANTING2 MOTION FOR PRO HAC VICE ADMISSION OF STEVEN J. PACINI. SIGNED BY HONORABLE JOHN F MURPHY ON 7/17/23.7/17/23 ENTERED AND COPIES E-MAILED.(va) |
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| Thursday, July 13, 2023 | ||
| 3 | 3
service
Summons Issued
Thu 07/13 10:54 AM
Summons Issued as to RAFAEL BRITO CUTIE, ROMAN CARDENAS, CFT SOLUTIONS, LLC, RENAN DE ROCHA GOMES BASTOS, FXWINNING LIMITED, YVENSON ISRAEL, SAZEDUL KHAN, WANDY TOUSSAINT. E-MAILED To: COUNSEL on 7/13/23 (bw) |
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| Wednesday, July 12, 2023 | ||
| 2 | 2
motion
Pro Hac Vice (Credit Card Payment)
Wed 07/12 6:22 PM
MOTION for Pro Hac Vice Admission of Steven J. Pacini ( Filing fee $ 75 receipt number APAEDC-16809385.) filed by MATTHEW ELONIS, THEODORE ELONIS..(IN DEN BERKEN, GREGORY) |
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| 1 | 1
22
pgs
cmp
Complaint (Attorney)
Wed 07/12 4:15 PM
COMPLAINT against RAFAEL BRITO CUTIE, ROMAN CARDENAS, CFT SOLUTIONS, LLC, RENAN DE ROCHA GOMES BASTOS, FXWINNING LIMITED, YVENSON ISRAEL, SAZEDUL KHAN, WANDY TOUSSAINT ( Filing fee $ 402 receipt number APAEDC-16808925.), filed by THEODORE ELONIS, MATTHEW ELONIS.(IN DEN BERKEN, GREGORY) |
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Att: 1
20 pgs
Exhibit A - FxWinning Customer Agreement,
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Att: 2
Civil Cover Sheet,
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Att: 3
Designation Form
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