Global Merchant Cash Inc. v. Rome-Aire Services, Inc et al
New York Eastern District Court | |
Judge: | Allyne R Ross |
Referred: | Peggy Kuo |
Case #: | 1:24-cv-00799 |
Nature of Suit | 190 Contract - Other Contract |
Cause | 28:1441 Petition for Removal- Breach of Contract |
Case Filed: | Feb 02, 2024 |
Terminated: | May 08, 2025 |
Last checked: Wednesday Jul 31, 2024 7:44 AM EDT |
Counter Claimant
Don Green Electric LLC
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Represented By
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Counter Claimant
Emerald Law, PLLC
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Represented By
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Counter Claimant
Emerald Management Group LLC
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Represented By
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Counter Claimant
Kiel Joseph Green
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Represented By
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Counter Claimant
Rome-Aire Services, Inc
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Represented By
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Counter Defendant
Global Merchant Cash Inc.
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Represented By
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Defendant
Don Green Electric LLC
1701 COSTA DEL SOL
Boca Raton, FL 33432 |
Represented By
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Defendant
Emerald Law, PLLC
1701 COSTA DEL SOL
Boca Raton, FL 33432 |
Represented By
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Defendant
Emerald Management Group LLC
1701 COSTA DEL SOL
Boca Raton, FL 33432 |
Represented By
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Defendant
Kiel Joseph Green
1701 COSTA DEL SOL
Boca Raton, FL 33432 |
Represented By
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Defendant
Rome-Aire Services, Inc
1701 COSTA DEL SOL
BOCA RATON, FL 33432 |
Represented By
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Plaintiff
Global Merchant Cash Inc.
64 Beaver Street
New York, NY 10004 |
Represented By
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Docket last updated: 14 minutes ago |
Thursday, May 08, 2025 | ||
42 | 42
![]() STIPULATION AND ORDER DISMISSING CASE with prejudice. Pursuant to Defendant Kiel Joseph's Green confirmed Chapter 11 plan (the "Plan") in In re Kiel JosephGreen, Case No. 24-21260 in the United States Bankruptcy Court for the Southern District of Florida, Plaintiff expressly reserves all its rights, claims, and remedies should Mr. Green fail to comply with the terms of the Plan. ( Ordered by Judge Allyne R. Ross on 5/8/2025 ) (RG) |
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Wednesday, May 07, 2025 | ||
41 | 41
![]() STIPULATION of Dismissal by Global Merchant Cash Inc. (Lanciault, Brian) |
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Friday, May 02, 2025 | ||
order
Status Report Order 1 - Terminate Deadlines and Hearings
Fri 05/02 10:34 AM
ORDER: Plaintiff indicates in the40 status report that "Global Merchant's pursuit of claims against defendant Green is complete, unless he breaches the provisions of his confirmed plan". Accordingly, Plaintiff is directed to file a stipulation of dismissal by May 7, 2025. Ordered by Magistrate Judge Peggy Kuo on 5/2/2025. (RO) |
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Thursday, May 01, 2025 | ||
40 | 40
![]() STATUS REPORT by Global Merchant Cash Inc. (Lanciault, Brian) |
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Tuesday, April 29, 2025 | ||
order
Status Report Order 1 - Terminate Deadlines
Tue 04/29 4:18 PM
ORDER: Plaintiff is directed to file a further status report by May 1, 2025 indicating how they intend to proceed against defendant Kiel Green. Ordered by Magistrate Judge Peggy Kuo on 4/29/2025. (RO) |
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Monday, April 28, 2025 | ||
39 | 39
![]() STATUS REPORT by Global Merchant Cash Inc. (Lanciault, Brian) |
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Tuesday, April 01, 2025 | ||
38 | 38
![]() STATUS REPORT by Global Merchant Cash Inc. (Lanciault, Brian) |
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order
Status Report Order 1 - Terminate Deadlines
Tue 04/01 12:23 PM
ORDER: The parties are directed to file a further joint status report within five (5) days of the conclusion of defendant Kiel Green's bankruptcy proceeding or by August 1, 2025 , whichever is sooner. Ordered by Magistrate Judge Peggy Kuo on 4/1/2025. (RO) |
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Friday, March 21, 2025 | ||
order
~Util - Case Stayed
Fri 03/21 12:26 PM
Case stayed for Bankruptcy or Appeal Proceeding. (RG) |
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Wednesday, December 04, 2024 | ||
order
Status Report Order 1 - Terminate Deadlines and Hearings
Wed 12/04 1:31 PM
ORDER: The parties are directed to file a joint status report within five (5) days of the conclusion of defendant Kiel Green's bankruptcy proceeding or by April 1, 2025 , whichever is sooner. Ordered by Magistrate Judge Peggy Kuo on 12/4/2024. (RO) |
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Tuesday, December 03, 2024 | ||
37 | 37
![]() CLERK'S JUDGMENT: that judgment is entered against Non-Debtor Defendants in favor of Global Merchant, as to all claims against Non-Debtor Defendants, in the above-captioned case, in the total sum of $325,000.00. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney on 12/3/2024. (see attached judgment for details). (JP) |
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Tuesday, November 26, 2024 | ||
36 | 36
![]() NOTICE of Acceptance with Offer of Judgment by Global Merchant Cash Inc. (Lanciault, Brian) |
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Wednesday, November 13, 2024 | ||
order
Order on Motion for Extension of Time to Complete Discovery Status Report Order 1 - Terminate Deadlines
Wed 11/13 8:53 AM
ORDER granting35 Motion for Extension of Time to Complete Discovery. The deadline for the parties to file a joint status report certifying the close of all discovery and indicating whether a dispositive motion is anticipated is extended to November 26, 2024. No further extensions will be granted unless good cause is shown. The parties are admonished to comply with Judge Kuo's Individual Practice Rule IV.D. that "Absent an emergency, requests must be made at least two (2) business days prior to the deadline for which an extension is sought." Ordered by Magistrate Judge Peggy Kuo on 11/13/2024. (RO) |
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Tuesday, November 12, 2024 | ||
35 | 35
![]() Letter MOTION for Extension of Time to Complete Discovery by Global Merchant Cash Inc.. (Lanciault, Brian) |
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Wednesday, October 30, 2024 | ||
34 | 34
![]() Notice of Filing Bankruptcy by Kiel Joseph Green. (Barchiesi, Robert) |
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Thursday, October 17, 2024 | ||
33 | 33
![]() ORDER granting26 Motion to Dismiss. For the reasons set forth in the attached Opinion and Order, I GRANT plaintiff's motion to dismiss defendants' counterclaims. Defendants are granted leave to amend, with any amended pleading to be filed within thirty (30) calendar days of the entry of this order. Ordered by Judge Allyne R. Ross on 10/17/2024. (HTK) |
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Friday, October 04, 2024 | ||
32 | 32
![]() ORDER granting31 Motion for Extension of Time to Complete Discovery. The proposed discovery plan filed at [31-1] is so-ordered with revisions. The deadline for the parties to file a joint status report certifying the close of all discovery and indicating whether a dispositive motion is anticipated is extended to November 12, 2024. Ordered by Magistrate Judge Peggy Kuo on 10/4/2024. (RO) |
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31 | 31
![]() Letter MOTION for Extension of Time to Complete Discovery by Don Green Electric LLC, Emerald Law, PLLC, Emerald Management Group LLC. (Barchiesi, Robert) |
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Att: 1
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Tuesday, August 27, 2024 | ||
30 | 30
![]() Letter Defendants' letter correcting previous error in their opposition to Plaintiffs Motion to Dismiss and clarifying intended references. by Don Green Electric LLC, Emerald Law, PLLC, Emerald Management Group LLC (Barchiesi, Robert) |
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Tuesday, August 20, 2024 | ||
29 | 29
![]() REPLY in Support re26 MOTION to Dismiss Defendants' Counterclaims filed by Global Merchant Cash Inc.. (Lanciault, Brian) |
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28 | 28
![]() MEMORANDUM in Opposition re26 MOTION to Dismiss Defendants' Counterclaims filed by Global Merchant Cash Inc.. (Lanciault, Brian) |
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27 | 27
![]() AFFIDAVIT/DECLARATION in Support re26 MOTION to Dismiss Defendants' Counterclaims filed by Global Merchant Cash Inc.. (Lanciault, Brian) |
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26 | 26
![]() MOTION to Dismiss Defendants' Counterclaims by Global Merchant Cash Inc.. (Lanciault, Brian) |
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Monday, July 22, 2024 | ||
25 | 25
![]() Letter regarding service of Plaintiff's Motion to Dismiss Defendants' Counterclaims by Global Merchant Cash Inc. (Lanciault, Brian) |
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Wednesday, July 03, 2024 | ||
order
1 - Terminate Deadlines and Hearings
Wed 07/03 2:02 PM
SCHEDULING ORDER: The Court sua sponte adjourns the settlement conference previously scheduled for July 8, 2024 sine die. The parties are reminded to continue with discovery as set forth in the18 discovery plan. Ordered by Magistrate Judge Peggy Kuo on 7/3/2024. (RO) |
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Monday, July 01, 2024 | ||
order
Order on Motion for Pre Motion Conference
Mon 07/01 1:54 PM
The court has reviewed the parties' pre-motion letters concerning plaintiff's anticipated motion to dismiss defendants' counterclaims and determined that a pre-motion conference is not necessary. The court therefore grants plaintiff permission to bring the motion. The court directs that plaintiff's motion shall be briefed as follows: plaintiff's motion and supporting papers shall be served no later than July 22, 2024; defendants' opposition papers shall be served no later than August 9, 2024; plaintiff's reply papers, if any, shall be served no later than August 20, 2024. The fully briefed motion shall be filed in accordance with chambers' rules, including courtesy copies for chambers, no later than August 20, 2024. This schedule may be altered only with the permission of the court. Ordered by Judge Allyne R. Ross on 7/1/2024. (GJ) |
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order
Order(Other)
Mon 07/01 3:37 PM
ORDER: Pursuant to the discovery plan entered at18 , the parties were directed to submit confidential ex parte settlement statements via email to Chambers by June 28, 2024. Defendants have failed to comply with this Court order and are directed to submit the outstanding statements immediately. Ordered by Magistrate Judge Peggy Kuo on 7/1/2024. (RO) |
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Friday, June 28, 2024 | ||
24 | 24
![]() RESPONSE to Motion re23 Letter MOTION for pre motion conference filed by Don Green Electric LLC, Emerald Law, PLLC, Emerald Management Group LLC. (Barchiesi, Robert) |
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Thursday, June 20, 2024 | ||
notice
Notice(Other)
Thu 06/20 11:07 AM
NOTICE. Plaintiff has submitted a letter requesting a pre-motion conference on an anticipated motion to dismiss defendants' counterclaims. Defendants' counsel is reminded that, under Judge Ross's Individual Motion Practices, defendants are required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of plaintiff's letter, on or before June 28, 2024. (GJ) Modified on 6/20/2024 (RG) |
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Tuesday, June 18, 2024 | ||
23 | 23
![]() Letter MOTION for pre motion conference by Global Merchant Cash Inc.. (Lanciault, Brian) |
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Friday, June 14, 2024 | ||
22 | 22
![]() AMENDED ANSWER to Plaintiff's Complaint with , COUNTERCLAIM against Global Merchant Cash Inc. by Kiel Joseph Green, Emerald Management Group LLC, Don Green Electric LLC, Rome-Aire Services, Inc, Emerald Law, PLLC. (Barchiesi, Robert) |
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order
Order to Answer
Fri 06/14 9:51 AM
ORDER TO ANSWER: Defendants are directed to file their Amended Answer by June 17, 2024. Ordered by Magistrate Judge Peggy Kuo on 6/14/2024. (RO) |
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Tuesday, June 11, 2024 | ||
order
Order on Motion for Leave to File
Tue 06/11 11:07 AM
ORDER: Defendants'21 Motion for Leave to File an amended answer, which includes counterclaims, is granted. Any request for a briefing schedule on Plaintiff's intended motion to dismiss the counterclaims must filed in compliance with District Judge Ross's individual practice rules. Ordered by Magistrate Judge Peggy Kuo on 6/11/2024. (RO) |
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Monday, June 10, 2024 | ||
21 | 21
![]() MOTION for Leave to File Document Defendant's Amended Answer with Counterclaims by Don Green Electric LLC, Emerald Law, PLLC, Emerald Management Group LLC, Kiel Joseph Green, Rome-Aire Services, Inc. (Barchiesi, Robert) |
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Thursday, June 06, 2024 | ||
20 | 20
![]() ORDER granting19 Motion for Extension of Time to Amend. The deadline for Defendants to provide Plaintiff with a copy of the proposed amended answer and file a motion to amend is extended to June 10, 2024 . The motion must also inform the Court whether Plaintiff opposes the motion. If Plaintiff opposes the motion, the deadline to file its opposition is extended to June 24, 2024. The deadline for the parties to exchange documents requests and interrogatories is extended to June 11, 2024. Ordered by Magistrate Judge Peggy Kuo on 6/6/2024. (RO) |
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19 | 19
![]() MOTION for Extension of Time to Amend Answer by Don Green Electric LLC, Emerald Law, PLLC, Emerald Management Group LLC, Kiel Joseph Green, Rome-Aire Services, Inc. (Barchiesi, Robert) |
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Thursday, May 23, 2024 | ||
18 | 18
![]() Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on May 23, 2024. Brian Laniault, Esq. appeared on behalf of plaintiff. Robert Barchiesi, II, Esq. appeared on behalf of defendants. Defendants stated their intention to amend their answer. Defendants are directed to provide Plaintiff with a copy of the proposed amended answer and file a motion to amend by June 6, 2024 informing the Court whether Plaintiff opposes the motion. If Plaintiff opposes the motion, its opposition must be filed by June 20, 2024. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. A settlement conference will be held on July 8, 2024 at 2:00 pm in Courtroom 11C South, before Magistrate Judge Peggy Kuo. Individual defendant must be present. A representative of plaintiff and the corporate defendants with complete settlement authority (other than counsel) must be present, unless leave is granted to participate by phone. The parties are directed to submit confidential ex parte settlement statements to Kuo_Chambers@nyed.uscourts.gov by June 28, 2024. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. If the parties wish to consent to Magistrate Judge Kuos jurisdiction for a dispositive motion, they must file the required consent form. A PDF version of which may be found at: [LINK:https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-dispositive-motion-magistrate-judge] The parties may withhold their consent without any adverse substantive consequences. (FTR Log: 10:02 - 10:20) (RO) |
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Friday, May 17, 2024 | ||
17 | 17
![]() STIPULATION re16 Proposed Scheduling Order regarding Discovery of Electronically Stored Information by Global Merchant Cash Inc. (Lanciault, Brian) |
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16 | 16
![]() Proposed Scheduling Order and Discovery Plan by Global Merchant Cash Inc. (Lanciault, Brian) |
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Friday, March 29, 2024 | ||
15 | 15
![]() MOTION to Adjourn Conference by Global Merchant Cash Inc.. (Lanciault, Brian) |
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order
Order on Motion to Adjourn Conference 1 - Terminate Deadlines and Hearings
Fri 03/29 5:31 PM
ORDER granting15 Motion to Adjourn Conference. The Initial Conference is adjourned to May 23, 2024 at 10:00 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. By May 17, 2024 , the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: [LINK:https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf] . Ordered by Magistrate Judge Peggy Kuo on 3/29/2024. (RO) |
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Monday, February 26, 2024 | ||
14 | 14
![]() ORDER granting13 Motion for Leave to Appear Pro Hac Vice. Attorney Robert C. Barchiesi, II is permitted to appear pro hac vice on behalf of defendants. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure he receives electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Peggy Kuo on 2/26/2024. (RO) |
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Friday, February 23, 2024 | ||
13 | 13
![]() MOTION to Appear Pro Hac Vice Robert C. Barchiesi, II, Esq. Filing fee $ 200, receipt number ANYEDC-17600921 by Don Green Electric LLC, Emerald Law, PLLC, Emerald Management Group LLC, Kiel Joseph Green, Rome-Aire Services, Inc. (Barchiesi, Robert) |
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Att: 3
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Thursday, February 15, 2024 | ||
12 | 12
![]() SCHEDULING ORDER: An Initial Conference will be held in this case on April 16, 2024 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Counsel are directed to the annexed Initial Conference Order for instructions. By April 11, 2024 , the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: [LINK:https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf] Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Defendants' counsel is directed to ensure that Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 2/15/2024. (RO) |
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Tuesday, February 13, 2024 | ||
11 | 11
![]() Letter pursuant to Order by Don Green Electric LLC, Emerald Law, PLLC, Emerald Management Group LLC, Kiel Joseph Green, Rome-Aire Services, Inc (Green, Kiel) |
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10 | 10
![]() NOTICE of Appearance by Kiel Green on behalf of All Defendants (notification declined or already on case) (Green, Kiel) |
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9 | 9
![]() Corporate Disclosure Statement by Global Merchant Cash Inc. (Lanciault, Brian) |
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8 | 8
![]() NOTICE of Appearance by Brian Philip Lanciault on behalf of Global Merchant Cash Inc. (notification declined or already on case) (Lanciault, Brian) |
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7 | 7
![]() MOTION to Substitute Attorney by Global Merchant Cash Inc.. (Lanciault, Brian) |
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6 | 6
![]() ORDER granting5 Motion for Leave to Appear Pro Hac Vice. Attorney Kiel Green is permitted to appear pro hac vice on behalf of defendants. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notifications of activity in this case are received. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Peggy Kuo on 2/13/2024. (RO) |
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order
Order on Motion to Substitute Attorney
Tue 02/13 3:31 PM
ORDER granting7 Motion to Substitute Attorney. Attorney Brian Lanciault, Jr. is hereby substituted as attorney of record for Plaintiff in place of Attorney Yeshaya Gorkin. Ordered by Magistrate Judge Peggy Kuo on 2/13/2024. (RO) |
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Monday, February 12, 2024 | ||
5 | 5
![]() MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17563251 by Don Green Electric LLC, Emerald Law, PLLC, Emerald Management Group LLC, Kiel Joseph Green, Rome-Aire Services, Inc. (Green, Kiel) |
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Wednesday, February 07, 2024 | ||
order
Status Report Order
Wed 02/07 6:09 PM
ORDER: By February 14, 2024 , the parties are directed to file a letter identifying all members of the LLC entities and the citizenship of each member, so that the Court can determine whether there is complete diversity of citizenship and it has federal jurisdiction pursuant to 28 U.S.C. § 1332. Ordered by Magistrate Judge Peggy Kuo on 2/7/2024. (RO) |
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Monday, February 05, 2024 | ||
4 | 4
![]() This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
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3 | 3
![]() Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (AF) |
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utility
Case Assigned/Reassigned
Mon 02/05 12:44 PM
Case Assigned to Judge Allyne R. Ross and Magistrate Judge Peggy Kuo. 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. (AF) |
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misc
ECF Admission and Registration Notification - Removal
Mon 02/05 12:54 PM
This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (AF) |
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Friday, February 02, 2024 | ||
2 | 2
![]() NOTICE OF REMOVAL by DON GREEN ELECTRIC LLC, EMERALD LAW, PLLC, EMERALD MANAGEMENT GROUP LLC, KIEL JOSEPH GREEN, ROME-AIRE SERVICES, INC D/B/A ROME-AIRE SERVICES from Supreme Court of the State of New York County of Kings, case number 537155/2023. ( Filing fee $ 405 receipt number ANYEDC-17531865) (Barchiesi, Robert) |
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1 | 1
![]() Civil Cover Sheet.. by DON GREEN ELECTRIC LLC, EMERALD LAW, PLLC, EMERALD MANAGEMENT GROUP LLC, KIEL JOSEPH GREEN, ROME-AIRE SERVICES, INC D/B/A ROME-AIRE SERVICES (Barchiesi, Robert) |