Roof Heroes LLC v. Cucumber Capital LLC et al
Adversary Proceeding
Lead BK case is: 2:23-bk-01235
Lead BK case is: 2:23-bk-01235
| Florida Middle Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Caryl E Delano |
| Case #: | 2:23-ap-00032 |
| Nature of Suit | 72 Bankruptcy - Injunctive relief - other |
| Case Filed: | Oct 19, 2023 |
| Last checked: never |
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Defendant
Cucumber Capital LLC
445 Central Ave STE 108
Cedarhurst, NJ 11516 |
Represented By
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Defendant
Everest Business Funding - Eve
8200 N.W. 52nd Terrace Suite 200 Suite 200
Doral, FL 33166 |
Represented By
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Defendant
Velocity Capital Group
333 Pearsail Ave STE 105
Cedarhurst, NJ 11516 |
Represented By
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Plaintiff
Roof Heroes LLC
3545 72nd Ave NE
Naples, FL 34120 |
Represented By
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| Docket last updated: 12 hours ago |
| Wednesday, February 28, 2024 | ||
| 32 | 32
court
CHAP Pro Memo - Hearing Held
Wed 02/28 1:23 PM
Hearing Proceeding Memo: Hearing Held - APPEARANCES: Joel Aresty, Ruediger Mueller, Ben Lambers, Robert Stiberman WITNESSES: EVIDENCE: RULING: Continued Pretrial Conference - Main case converted to chapter 7 Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court . (Bill) |
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| Thursday, January 11, 2024 | ||
| 31 | 31
court
BNC Certificate of Mailing - PDF Document
Fri 01/12 12:23 AM
BNC Certificate of Mailing - PDF Document. . Notice Date 01/11/2024. (Admin.) |
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| 30 | 30
court
CHAP Pro Memo - Hearing Held
Thu 01/11 1:27 PM
Hearing Proceeding Memo: Hearing Held - APPEARANCES: Joel Aresty WITNESSES: EVIDENCE: RULING: *(1) Pretrial Conference - Continued to 2/28/2024 at 10:30 am, Announced in Open Court No Further Notice Given (2) Continued Emergency Motion for Preliminary Injunction Filed by Joel M Aresty on behalf of Plaintiff Roof Heroes LLC. (Aresty, Joel) Doc #2 - agreed orders entered Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court . (Bill) |
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| Tuesday, January 09, 2024 | ||
| 29 | 29
3
pgs
order
Order (Generic)
Tue 01/09 12:28 PM
Stipulated Order to Resolve Verified Complaint for Temporary Injunction between the Plaintiff and Defendant, Cucumber Capital, LLC. All further action in this adversary is stayed against Cucumber Capital LLC pending the earlier of (a) the confirmation or denial of confirmation of the Debtor's Chapter 11 plan, or (b) the dismissal of this Debtor's small business Chapter 11 proceeding . Service Instructions: Clerks Office to serve. (Deborah K.) |
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| Friday, January 05, 2024 | ||
| 28 | 28
court
BNC Certificate of Mailing - PDF Document
Sat 01/06 12:18 AM
BNC Certificate of Mailing - PDF Document. . Notice Date 01/05/2024. (Admin.) |
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| Wednesday, January 03, 2024 | ||
| 27 | 27
3
pgs
order
Order (Generic)
Wed 01/03 2:54 PM
Stipulated Order to Resolve Verified Complaint for Temporary Injunction - all actions are stayed . Service Instructions: Clerks Office to serve. (Lidia) |
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| Friday, December 22, 2023 | ||
| 26 | 26
court
BNC Certificate of Mailing - Hearing Notice (AP)
Sat 12/23 12:17 AM
BNC Certificate of Mailing - Notice of Hearing . Notice Date 12/22/2023. (Admin.) |
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| Thursday, December 21, 2023 | ||
| 25 | 25
2
pgs
order
Order Establishing Procedures for Video Hearings and Registration Link to Appear via Zoom
Thu 12/21 9:20 AM
Order Establishing Procedures for Video Hearings and Registration Link to Appear via Zoom. Service Instructions: Clerks Office to serve. NG -(ADIclerk) |
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| Wednesday, December 20, 2023 | ||
| 24 | 24
court
Notice Of Pretrial / Status Conference
Wed 12/20 10:31 AM
Notice of Pretrial/ Status Conference. . Pre-Trial Conference set for 1/11/2024 at 11:30 AM at Ft. Myers, FL - Room 4-102, Hearing Room, United States Courthouse, 2110 First Street, Ft. Myers, FL. (Lidia) |
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| Monday, December 18, 2023 | ||
| 23 | 23
court
CHAP Pro Memo - Hearing Held
Tue 12/19 11:29 AM
Hearing Proceeding Memo: Hearing Held - APPEARANCES: Joel Aresty, Robert Stiberman, Ruediger Mueller, Ben Lambers, Jacob Halsey WITNESSES: EVIDENCE: RULING: *Continued Emergency Motion for Preliminary Injunction Filed by Joel M Aresty on behalf of Plaintiff Roof Heroes LLC. (Aresty, Joel) Doc #2 - Continued to 1/11/2024 at 11:30 am, Announced in Open Court No Further Notice Given **Set Pretrial Conference for 1/11/2024 at 11:30 am O/Case Manager** Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court . (Bill) |
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| Wednesday, December 13, 2023 | ||
| 22 | 22
misc
Certificate Of Service (BK)
Wed 12/13 10:19 AM
Certificate of Service Re: Stipulated Order to Resolve Verified Complaint for Temporary Injunction. Filed by Charles M Tatelbaum on behalf of Defendant Everest Business Funding d/b/a EBF . (Tatelbaum, Charles) |
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| 21 | 21
2
pgs
order
Order (Generic)
Wed 12/13 8:14 AM
Stipulated Order to Resolve Verified Complaint for Temporary Injunction. All further action in this adversary proceeding is stayed as against EBF pending the earlier of (a) the confirmation or denial of confirmation of the Debtor's Chapter 11 plan, or (b) the dismissal of this Debtor's small business Chapter 11 proceeding . Service Instructions: Charles Tatelbaum is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Ryan S.) |
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| Monday, December 11, 2023 | ||
| 20 | 20
notice
Notice of Appearance and Request for Notice
Mon 12/11 10:58 AM
Notice of Appearance and Request for Notice Filed by Charles M Tatelbaum on behalf of Defendant Everest Business Funding d/b/a EBF. (Tatelbaum, Charles) |
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| Tuesday, November 28, 2023 | ||
| 19 | 19
2
pgs
order
Order Establishing Procedures for Video Hearings and Registration Link to Appear via Zoom
Tue 11/28 8:20 AM
Order Establishing Procedures for Video Hearings and Registration Link to Appear via Zoom. Service Instructions: Clerks Office to serve. NG -(ADIclerk) |
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| Thursday, November 16, 2023 | ||
| 18 | 18
misc
Certificate of Service (AP)
Thu 11/16 12:33 PM
Certificate of Service Re: ORDER CONTINUING HEARING ON MOTION FOR PRELIMINARY INJUNCTION ECF Docket Reference No. 16 ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION PENDING CONTINUED HEARING 15 Filed by Joel M Aresty on behalf of Plaintiff Roof Heroes LLC . (Aresty, Joel) |
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| Wednesday, November 15, 2023 | ||
| 17 | 17
court
CHAP Pro Memo - Hearing Held
Wed 11/15 5:28 PM
Hearing Proceeding Memo: Hearing Held - APPEARANCES: Joel Aresty, Ben Lambers, Robert Stiberman, Ruediger Mueller WITNESSES: EVIDENCE: RULING: *Continued Emergency Motion for Preliminary Injunction Filed by Joel M Aresty on behalf of Plaintiff Roof Heroes LLC. (Aresty, Joel) Doc #2 - Continued to 12/18/2023 at 1:30 pm O/Chambers Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court . (Bill) |
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| 16 | 16
2
pgs
order
Order (Generic)
Wed 11/15 1:48 PM
Order Continuing Hearing on Motion for Preliminary Injunction . Hearing scheduled for 12/18/2023 at 01:30 PM at Ft. Myers, FL - Room 4-102, Hearing Room, United States Courthouse, 2110 First Street, Ft. Myers, FL . Service Instructions: Joel Aresty is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Brenton) |
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| 15 | 15
3
pgs
order
Order (Generic)
Wed 11/15 9:58 AM
Order Granting Motion for Preliminary Injunction Pending Continued Hearing . Hearing scheduled for 11/15/2023 at 10:30 AM at Ft. Myers, FL - Room 4-102, Hearing Room, United States Courthouse, 2110 First Street, Ft. Myers, FL . Service Instructions: Joel Aresty is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Mason, Tina). Related document(s) |
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| Wednesday, November 01, 2023 | ||
| 14 | 14
2
pgs
order
Order Establishing Procedures for Video Hearings and Registration Link to Appear via Zoom
Wed 11/01 10:20 AM
Order Establishing Procedures for Video Hearings and Registration Link to Appear via Zoom. Service Instructions: Clerks Office to serve. NG -(ADIclerk) |
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| Thursday, October 26, 2023 | ||
| 13 | 13
misc
Summons Service Executed
Thu 10/26 6:22 AM
Service Executed on Cucumber Capital LLC; Everest Business Funding: And Velocity Capital Group of Summons, Complaint, Local Rule 7001-1. Filed by Joel M Aresty on behalf of Plaintiff Roof Heroes LLC. (Aresty, Joel) |
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| Tuesday, October 24, 2023 | ||
| 12 | 12
court
CHAP Pro Memo - Hearing Held
Wed 10/25 1:01 PM
Hearing Proceeding Memo: Hearing Held - APPEARANCES: Joel Aresty, Robert Stiberman, Jacob Halsey, Ben Lambers, Ruediger Mueller WITNESSES: EVIDENCE: RULING: Emergency Motion for Preliminary Injunction Filed by Joel M Aresty on behalf of Plaintiff Roof Heroes LLC. (Aresty, Joel) Doc #2 - Granted, hearing continued to 11/15/2023 at 10:30 am O/Aresty Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court . (Bill) |
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| Monday, October 23, 2023 | ||
| 11 | 11
misc
Certificate of Service (AP)
Mon 10/23 5:54 PM
Supplemental Certificate of Service Re: email Filed by Joel M Aresty on behalf of Plaintiff Roof Heroes LLC. (Aresty, Joel) |
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| 10 | 10
misc
Summons Service Executed
Mon 10/23 5:25 PM
Service Executed on Cucumber Capital LLC; Everest Business Funding: And Velocity Capital Group of Summons, Local Rule 7001-1. Filed by Joel M Aresty on behalf of Plaintiff Roof Heroes LLC. (Aresty, Joel) |
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| Saturday, October 21, 2023 | ||
| 9 | 9
court
BNC Certificate of Mailing - PDF Document
Sun 10/22 12:17 AM
BNC Certificate of Mailing - PDF Document. . Notice Date 10/21/2023. (Admin.) |
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| Friday, October 20, 2023 | ||
| 8 | 8
court
ADI - Summons Issued (auto)
Fri 10/20 11:56 AM
Summons issued along with Local Rule 7001-1 - Adversary Proceedings - Procedures. Answer Due 11/20/2023. If one or more defendants are the United States or an officer or agency thereof, add an additional five days to the Answer Due date. A copy of this summons must be included when filing proof of service of this summons. (ADIclerk) |
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| 7 | 7
misc
Certificate of Service (AP)
Fri 10/20 10:57 AM
Certificate of Service Re: Filed by Joel M Aresty on behalf of Plaintiff Roof Heroes LLC . (Aresty, Joel) |
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| Thursday, October 19, 2023 | ||
| 6 | 6
2
pgs
order
Order Establishing Procedures for Video Hearings and Registration Link to Appear via Zoom
Thu 10/19 4:20 PM
Order Establishing Procedures for Video Hearings and Registration Link to Appear via Zoom. Service Instructions: Clerks Office to serve. NG -(ADIclerk) |
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| 5 | 5
notice
Notice of Hearing (AP)
Thu 10/19 4:13 PM
Notice of Preliminary Hearing Filed by Joel M Aresty on behalf of Plaintiff Roof Heroes LLC . Hearing scheduled for 10/24/2023 at 03:30 PM at Ft. Myers, FL - Room 4-102, Hearing Room, United States Courthouse, 2110 First Street, Ft. Myers, FL . (Aresty, Joel) |
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| 4 | 4
cmp
Amended Complaint
Thu 10/19 3:48 PM
Amended Complaint. Reason for Amendment: Corrected filing. Nature of Suit: 72 (Injunctive relief - other) by Joel M Aresty on behalf of Roof Heroes LLC against Roof Heroes LLC. . (Aresty, Joel) |
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| 3 | 3
misc
Certificate of Necessity (AP)
Thu 10/19 3:18 PM
Certificate of Necessity Filed by Joel M Aresty on behalf of Plaintiff Roof Heroes LLC . (Aresty, Joel) |
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| 2 | 2
motion
Motion for Preliminary Injunction (AP)
Thu 10/19 3:16 PM
Emergency Motion for Preliminary Injunction Filed by Joel M Aresty on behalf of Plaintiff Roof Heroes LLC. (Aresty, Joel) |
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| 1 | 1
1
pgs
cmp
ADI - Complaint - Original
Thu 10/19 3:10 PM
Complaint by Roof Heroes LLC against Cucumber Capital LLC, Everest Business Funding - Eve, Velocity Capital Group. Filing Fee Not Required. Nature of Suit: [72 (Injunctive relief - other)]. (Aresty, Joel) |
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