Terrapin Business Funding LLC v. Stellar Beach Rentals, LLC et al
| New York Eastern District Court | |
| Judge: | Sanket J Bulsara |
| Case #: | 2:24-cv-02981 |
| Nature of Suit | 140 Contract - Negotiable Instrument |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Apr 22, 2024 |
| Case in other court: | Supreme Court State of New York, Nassau County, 605128/2024 |
| Last checked: Saturday Oct 19, 2024 5:27 AM EDT |
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Defendant
Fun in the Sun Rentals, LLC
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Represented By
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Defendant
259 Burnswick, LLC
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Defendant
407 Sunset, LLC
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Defendant
609 Emerald, LLC
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Defendant
611 Emerald, LLC
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Defendant
611 Marathon Canal LLC
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Defendant
88 Tingler Lane, LLC
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Defendant
97 W Second, LLC
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Defendant
98 W Second LLC
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Defendant
FLA Galeon LLC
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Defendant
102 Ocean, LLC
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Defendant
J.A.K Professional Inc
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Defendant
Jake Beach Rentals, LLC
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Defendant
John Adam Kozak
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Defendant
Orange Crush, LLC
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Defendant
Sand Happens, LLC
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Defendant
Stellar Beach LLC
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Defendant
Stellar Beach Realty & Rentals, LLC
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Defendant
Stellar Beach Rentals, LLC
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Defendant
Stellarbeach Builders LLC
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Defendant
215 Brunswick, LLC
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Defendant
1 Sandpiper, LLC
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Defendant
108 Deal, LLC
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Defendant
112 Deal, LLC
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Defendant
113 Deal Dr, LLC
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Defendant
114 Deal Dr, LLC
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Defendant
115 Deal Dr, LLC
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Defendant
116 Deal Dr, LLC
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Defendant
116 Ocean, LLC
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Defendant
117 Deal Dr, LLC
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Defendant
117 Ocean, LLC
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Defendant
119 Ocean, LLC
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Defendant
128 Conch, LLC
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Defendant
138 Tuna, LLC
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Defendant
155 OIB, LLC
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Defendant
157 OIB, LLC
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Defendant
1940 Holden, LLC
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Defendant
21 Sea Turtle, LLC
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Defendant
217 Brunswick, LLC
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Plaintiff
Terrapin Business Funding LLC
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Represented By
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GPO
Aug 23 2024
MEMORANDUM ORDER Re: 11 Motion for Protective Order. For the foregoing reasons (Please See Order For Further Details), Plaintiff's Motion for a Protective Order (ECF No. 11) to either submit the members' identities in camera or to seal, is DENIED without prejudice. So Ordered by Magistrate Judge James M. Wicks on 8/23/2024. (GO) |
| Docket last updated: 05/26/2025 11:59 PM EDT |
| Wednesday, May 21, 2025 | ||
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order
Order(Other) 1 - Terminate Deadlines and Hearings
Wed 05/21 1:46 PM
ORDER: The Status Conference scheduled for May 27, 2025 at 10:30 AM before the undersigned is hereby adjourned sine die . The parties are directed to comply with the undersigned's Order dated March 29, 2025 and file a Joint Status Report on or before June 30, 2025 . So Ordered by Magistrate Judge James M. Wicks on 5/21/2025. (DF) |
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| Saturday, March 29, 2025 | ||
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order
Order(Other)
Sat 03/29 10:58 AM
ORDER. The parties are directed to file a Joint Status Report on or before June 30, 2025 . So Ordered by Magistrate Judge James M. Wicks on 3/29/2025.(JAF) |
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| Friday, March 28, 2025 | ||
| 25 | 25
misc
Status Report
Fri 03/28 9:38 PM
STATUS REPORT Joint Status Report by Terrapin Business Funding LLC (Golub, Bonnie) |
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Att: 1
Exhibit A - Kozak Docket,
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Att: 2
Exhibit B - EDNY Docket
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| Saturday, March 22, 2025 | ||
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order
Status Report Order
Sat 03/22 12:50 PM
ORDER. As per the undersigned's Electronic Order dated March 13, 2025, the parties were directed to file a joint status report on or before March 21, 2025 which the parties have failed to do. Accordingly, the parties shall file a joint status report on or before March 28, 2025 . So Ordered by Magistrate Judge James M. Wicks on 3/22/2025. (JDP) |
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| Thursday, March 13, 2025 | ||
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order
Order(Other)
Thu 03/13 3:32 PM
ORDER. The parties are directed to file a Joint Status Report on or before March 21, 2025 . So Ordered by Magistrate Judge James M. Wicks on 3/13/2025. (DN) |
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| Wednesday, February 12, 2025 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 02/12 2:47 PM
ORDER granting24 Motion for Extension of Time to File Response/Reply. The parties are directed to file a Joint Status Report advising the Court when the meeting of creditors in connection with the pending Bankruptcy Case in North Carolina is scheduled for a date certain. So Ordered by Magistrate Judge James M. Wicks on 2/12/2025. (DN) |
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| Tuesday, February 11, 2025 | ||
| 24 | 24
motion
Extension of Time to File Response/Reply
Tue 02/11 9:45 AM
MOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File Response/Reply, Order, by Terrapin Business Funding LLC. (Golub, Bonnie) |
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order
Order(Other)
Tue 02/11 9:34 AM
ORDER. Pursuant to this Court's Electronic Order dated January 30, 2025, the parties were directed to file a Joint Letter indicating their positions on whether the action is stayed as to the Non-Debtor Defendants on or before February 10, 2025. To date, no such filing has been made. Accordingly, the parties are directed to comply on or before February 18, 2025. So Ordered by Magistrate Judge James M. Wicks on 2/11/2025. (DN) |
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| Thursday, January 30, 2025 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 01/30 12:03 PM
ORDER granting23 Motion for Extension of Time to File Response/Reply. On or before February 10, 2025, the parties are directed to file a Joint Letter indicating their positions on whether the action is stayed as to the Non-Debtor Defendants. So Ordered by Magistrate Judge James M. Wicks on 1/30/2025. (DN) |
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| Wednesday, January 29, 2025 | ||
| 23 | 23
motion
Extension of Time to File Response/Reply
Wed 01/29 11:24 AM
MOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File Response/Reply, by Terrapin Business Funding LLC. (Golub, Bonnie) |
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| Friday, January 17, 2025 | ||
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utility
Case Assigned/Reassigned
Fri 01/17 3:02 PM
Case reassigned to Judge Sanket J. Bulsara. Judge Joan M. Azrack no longer assigned to the 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. (LF) |
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| Monday, December 30, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Mon 12/30 12:22 PM
ORDER granting22 Motion for Extension of Time to File. On or before January 31, 2025 , the parties are directed to file a Joint Letter indicating their positions on whether the action is stayed as to the Non-Debtor Defendants. So Ordered by Magistrate Judge James M. Wicks on 12/30/2024. (DN) |
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| Friday, December 27, 2024 | ||
| 22 | 22
motion
Extension of Time to File Response/Reply
Fri 12/27 4:58 PM
MOTION for Extension of Time to File Response/Reply as to Order,, by Terrapin Business Funding LLC. (Golub, Bonnie) |
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Att: 1
2 pgs
Exhibit A - Notice Rescheduled 341 Meeting of Creditors,
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Att: 2
Exhibit B - Bankruptcy Docket EDNC No 24-04051 5-PWM
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| Thursday, December 26, 2024 | ||
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Thu 12/26 11:06 AM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (DF) |
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utility
Case Assigned/Reassigned Case Referred to Magistrate Judge
Thu 12/26 11:18 AM
Case reassigned to Judge Joan M. Azrack and Magistrate Judge James M. Wicks. 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. (LF) |
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| Thursday, December 12, 2024 | ||
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order
Order(Other)
Thu 12/12 10:24 PM
ORDER. Following review of the Suggestion of Bankruptcy at ECF No. 21, the Court is aware that Defendant John Adam Kozak has filed a voluntary Chapter 7 Bankruptcy in the United States Bankruptcy Court for the Eastern District of North Carolina, Case No. 24-04051 5-PWM. On or before December 27, 2024 , the parties are directed to file a Joint Letter indicating their positions on whether the action is stayed as to the Non-Debtor Defendants. So Ordered by Magistrate Judge James M. Wicks on 12/12/2024. (DN) |
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| Wednesday, December 11, 2024 | ||
| 21 | 21
1
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misc
Suggestion of Bankruptcy
Wed 12/11 4:32 PM
SUGGESTION OF BANKRUPTCY Upon the Record as to John Adam Kozak filed in the USBC Eastern District of North Carolina at Case No. 24-04051 5-PWM by Terrapin Business Funding LLC (Golub, Bonnie) |
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Att: 1
14 pgs
Exhibit A - Voluntary Petition,
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Att: 2
1 pgs
Certificate of Service
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| Friday, November 22, 2024 | ||
| 20 | 20
answer
Answer to Complaint Counterclaim
Fri 11/22 3:48 PM
ANSWER to Complaint , COUNTERCLAIM against Terrapin Business Funding LLC by 259 Burnswick, LLC, 112 Deal, LLC, 157 OIB, LLC, 115 Deal Dr, LLC, Orange Crush, LLC, Stellar Beach Rentals, LLC, 108 Deal, LLC, Jake Beach Rentals, LLC, 1940 Holden, LLC, FLA Galeon LLC, 114 Deal Dr, LLC, 88 Tingler Lane, LLC, J.A.K Professional Inc, John Adam Kozak, 117 Ocean, LLC, 215 Brunswick, LLC, 128 Conch, LLC, 113 Deal Dr, LLC, 611 Marathon Canal LLC, 98 W Second LLC, 611 Emerald, LLC, 116 Ocean, LLC, 97 W Second, LLC, 117 Deal Dr, LLC, 138 Tuna, LLC, 609 Emerald, LLC, Stellar Beach Realty & Rentals, LLC, 102 Ocean, LLC, 155 OIB, LLC, 407 Sunset, LLC, 119 Ocean, LLC, 1 Sandpiper, LLC, Fun in the Sun Rentals, LLC, Stellar Beach LLC, 21 Sea Turtle, LLC, 116 Deal Dr, LLC, Stellarbeach Builders LLC, 217 Brunswick, LLC, Sand Happens, LLC. (Neuman, Jonathan) |
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| 19 | 19
order
Scheduling Order
Fri 11/22 1:06 PM
SCHEDULING ORDER: Please See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 11/22/2024. (DF) |
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| 18 | 18
minutes
Initial Conference Hearing
Fri 11/22 1:05 PM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE: Counsel for Plaintiff: Bonnie Rae Golub. Counsel for Defendant: Jonathan Ellery Neuman. Initial Conference Hearing held on 11/22/2024 at 10:00 AM. The parties summarized the details of the case. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at ECF No.19 . In addition to the dates set forth below, the last date to take the first steps towards summary judgment motion practice shall be October 3, 2025 . As mentioned at the Initial Conference, Counsel are reminded that pursuant to EDNY Administrative Order 2023-23 ( see ECF No.5 ), this is a Direct Assignment Program case. As such, unless the parties consent to the undersigned's jurisdiction on or before December 23, 2024 , a District Judge will be assigned to the case. See Administrative Order 2023-23. The parties were also advised that pursuant to Fed. R. Civ. P. 73(b)(2), the parties are free to withhold consent without any adverse substantive consequences.The undersigned is available for a Settlement Conference if the parties so desire. In the event the parties would like a Settlement Conference, the parties are directed to contact the undersigned's Courtroom Deputy at (631) 712-5625 with mutually convenient dates that the parties are available. A Status Conference has been scheduled for May 27, 2025 at 10:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule §1E) . A Final Pretrial Conference has been scheduled for November 17, 2025 at 9:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule §1E) . A joint proposed pretrial order ("JPTO") in compliance with the undersigned's Individual Practice Rules, signed by counsel for each party, must be filed on ECF at least five (5) business days prior to this conference. If a motion for summary judgment is pending, the final pretrial conference will be cancelled and filing of the JPTO will be held in abeyance. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #10:00-10:08 (Video).) (DF) |
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| Friday, November 15, 2024 | ||
| 17 | 17
misc
Proposed Scheduling Order
Fri 11/15 1:35 PM
Proposed Scheduling Order by Terrapin Business Funding LLC (Golub, Bonnie) |
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| Thursday, November 07, 2024 | ||
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order
Order on Motion to Compel
Thu 11/07 9:37 AM
ORDER finding as moot15 Motion to Compel, in light of Plaintiff's Response at ECF No. 16 and submission of the Amended Verified Statement at ECF No. 16-1. So Ordered by Magistrate Judge James M. Wicks on 11/7/2024. (DN) |
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| Wednesday, November 06, 2024 | ||
| 16 | 16
respm
Response to Motion Response in Opposition to Motion
Wed 11/06 4:43 PM
RESPONSE to Motion re15 Letter MOTION to Compel Names and Residences of Plaintiff's Members , RESPONSE in Opposition re15 Letter MOTION to Compel Names and Residences of Plaintiff's Members filed by Terrapin Business Funding LLC. (Golub, Bonnie) |
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Att: 1
Amended Verified Statement of Plaintiff Terrapin Business Funding LLC
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| Friday, November 01, 2024 | ||
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order
Order(Other)
Fri 11/01 10:57 AM
ORDER. Plaintiff is directed to file any opposition to the Motion to Compel at ECF No. 15 by November 6, 2024 . So Ordered by Magistrate Judge James M. Wicks on 11/1/2024. (DN) |
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| Wednesday, October 30, 2024 | ||
| 15 | 15
motion
Compel
Wed 10/30 11:00 AM
Letter MOTION to Compel Names and Residences of Plaintiff's Members by 113 Deal Dr, LLC, 611 Emerald, LLC, 119 Ocean, LLC, 97 W Second, LLC, 117 Ocean, LLC, 1 Sandpiper, LLC, FLA Galeon LLC, 108 Deal, LLC, Jake Beach Rentals, LLC, 217 Brunswick, LLC, 215 Brunswick, LLC, 157 OIB, LLC, 116 Ocean, LLC, 117 Deal Dr, LLC, 128 Conch, LLC, 88 Tingler Lane, LLC, Orange Crush, LLC, 114 Deal Dr, LLC, J.A.K Professional Inc, 138 Tuna, LLC, Stellar Beach Rentals, LLC, 1940 Holden, LLC, 611 Marathon Canal LLC, 112 Deal, LLC, 259 Burnswick, LLC, 116 Deal Dr, LLC, 98 W Second LLC, 102 Ocean, LLC, Stellarbeach Builders LLC, Stellar Beach LLC, Stellar Beach Realty & Rentals, LLC, 155 OIB, LLC, John Adam Kozak, 21 Sea Turtle, LLC, Sand Happens, LLC, 609 Emerald, LLC, 115 Deal Dr, LLC, Fun in the Sun Rentals, LLC, 407 Sunset, LLC. (Neuman, Jonathan) |
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| 14 | 14
order
Scheduling Order
Wed 10/30 10:11 AM
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Rule 16 Scheduling Conference will be held on November 22, 2024 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than November 15, 2024 . Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule §1E) . THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. Counsel for all parties are directed to review Docket Entry No.5 , concerning the assignment of a Magistrate Judge to oversee this case. If by December 23, 2024 all parties have not signed and filed the consent form consenting to the jurisdiction of the assigned Magistrate Judge, the Clerk of Court is directed to randomly assign a District Judge to the case. In that event, the assigned Magistrate Judge will remain on the case and preside over all non-dispositive pretrial matters unless the assigned District Judge orders otherwise. So Ordered by Magistrate Judge James M. Wicks on 10/30/2024. (DF) |
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Att: 1
Proposed Rule 26(f) Scheduling Order,
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Att: 2
JMW Individual Practice Rules
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| Friday, August 23, 2024 | ||
| 13 | 13
8
pgs
order
Order on Motion for Protective Order
Fri 08/23 5:12 PM
MEMORANDUM ORDER Re:11 Motion for Protective Order. For the foregoing reasons (Please See Order For Further Details), Plaintiff's Motion for a Protective Order (ECF No.11 ) to either submit the members' identities in camera or to seal, is DENIED without prejudice. So Ordered by Magistrate Judge James M. Wicks on 8/23/2024. (GO) |
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| Monday, July 15, 2024 | ||
| 12 | 12
11
pgs
respoth
Memorandum in Opposition
Mon 07/15 5:28 PM
MEMORANDUM in Opposition re11 MOTION for Protective Order Plaintiff Terrapin Business Funding LLC's Notice of Motion for Leave to File a Protective Order, Or In The Alternative, For Leave to File Documents Under Seal filed by 1 Sandpiper, LLC, 102 Ocean, LLC, 108 Deal, LLC, 112 Deal, LLC, 113 Deal Dr, LLC, 114 Deal Dr, LLC, 115 Deal Dr, LLC, 116 Deal Dr, LLC, 116 Ocean, LLC, 117 Deal Dr, LLC, 117 Ocean, LLC, 119 Ocean, LLC, 128 Conch, LLC, 138 Tuna, LLC, 155 OIB, LLC, 157 OIB, LLC, 1940 Holden, LLC, 21 Sea Turtle, LLC, 215 Brunswick, LLC, 217 Brunswick, LLC, 259 Burnswick, LLC, 407 Sunset, LLC, 609 Emerald, LLC, 611 Emerald, LLC, 611 Marathon Canal LLC, 88 Tingler Lane, LLC, 97 W Second, LLC, 98 W Second LLC, FLA Galeon LLC, Fun in the Sun Rentals, LLC, J.A.K Professional Inc, Jake Beach Rentals, LLC, John Adam Kozak, Orange Crush, LLC, Sand Happens, LLC, Stellar Beach LLC, Stellar Beach Realty & Rentals, LLC, Stellar Beach Rentals, LLC, Stellarbeach Builders LLC. (Neuman, Jonathan) |
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| Monday, July 08, 2024 | ||
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order
Order(Other)
Mon 07/08 10:46 AM
ORDER. Defendants are directed to file any opposition to the Motion for Protective Order at ECF No.11 on or before July 15, 2024 . So Ordered by Magistrate Judge James M. Wicks on 7/8/2024. (DN) |
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| Friday, July 05, 2024 | ||
| 11 | 11
motion
Protective Order
Fri 07/05 10:15 PM
MOTION for Protective Order Plaintiff Terrapin Business Funding LLC's Notice of Motion for Leave to File a Protective Order, Or In The Alternative, For Leave to File Documents Under Seal by Terrapin Business Funding LLC. (Golub, Bonnie) |
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Att: 1
Memorandum in Support,
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Att: 2
Proposed Order,
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Att: 3
Declaration of Service
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| Tuesday, June 25, 2024 | ||
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order
Order(Other)
Tue 06/25 1:48 PM
ORDER. Following review of ECF Nos.9 and10 , the Court is aware Defendants oppose Plaintiff's request to waive the requirements of Local Rule 26.1. As the undersigned has specified in prior Court orders, Local Rule 26.1 mandates the disclosure of the information necessary to establish jurisdiction, and "the party seeking to invoke the court's diversity jurisdiction must identify both the LLC's members and their citizenship." Am. Empire Surplus Lines Inc. Co. v. Clearview SM, Inc. , 2021 WL 3206930, at *1 (E.D.N.Y. July 29, 2021) (citation omitted) (emphasis added); see also 136-61 Roosevelt LLC v. Starbucks Corp. , 2021 WL 2779287, at *1 (E.D.N.Y. July 2, 2021) (citation omitted) ("If any of an LLC's members are themselves non-corporate entities, then a party must allege the identity and citizenship of their members, proceeding up the chain of ownership until the party has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC."). Accordingly, Plaintiff is directed to comply with Rule 26.1 on or before July 5, 2024 , and the deadline for Defendants to file a letter identifying Plaintiff's members and their residency is extended to on or before July 12, 2024 . There will be no further extensions. To the extent Plaintiff seeks to proceed under seal, pseudonymously, or a protective order, Plaintiff is directed to make a formal motion in accordance with the undersigned's Individual Rules. So Ordered by Magistrate Judge James M. Wicks on 6/25/2024. (DN) |
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| Thursday, June 20, 2024 | ||
| 10 | 10
misc
Letter
Thu 06/20 11:21 AM
Letter in Response to June 13 Order by 1 Sandpiper, LLC, 102 Ocean, LLC, 108 Deal, LLC, 112 Deal, LLC, 113 Deal Dr, LLC, 114 Deal Dr, LLC, 115 Deal Dr, LLC, 116 Deal Dr, LLC, 116 Ocean, LLC, 117 Deal Dr, LLC, 117 Ocean, LLC, 119 Ocean, LLC, 128 Conch, LLC, 138 Tuna, LLC, 155 OIB, LLC, 157 OIB, LLC, 1940 Holden, LLC, 21 Sea Turtle, LLC, 215 Brunswick, LLC, 217 Brunswick, LLC, 259 Burnswick, LLC, 407 Sunset, LLC, 609 Emerald, LLC, 611 Emerald, LLC, 611 Marathon Canal LLC, 88 Tingler Lane, LLC, 97 W Second, LLC, 98 W Second LLC, FLA Galeon LLC, Fun in the Sun Rentals, LLC, J.A.K Professional Inc, Jake Beach Rentals, LLC, John Adam Kozak, Orange Crush, LLC, Sand Happens, LLC, Stellar Beach LLC, Stellar Beach Realty & Rentals, LLC, Stellar Beach Rentals, LLC, Stellarbeach Builders LLC (Neuman, Jonathan) |
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| Thursday, June 13, 2024 | ||
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order
Order(Other)
Thu 06/13 10:21 AM
ORDER. Defendants are directed to respond to the Letter at ECF No.9 by June 20, 2024. So Ordered by Magistrate Judge James M. Wicks on 6/13/2024. (DN) |
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| Tuesday, June 11, 2024 | ||
| 9 | 9
misc
Letter
Tue 06/11 9:39 PM
Letter Letter Brief in Response to the Honorable James M. Wick's Order dated May 28, 2024 to comply with Rule 26.1 by Terrapin Business Funding LLC (Golub, Bonnie) |
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Att: 1
6 pgs
Exhibit A - Agreement,
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Att: 2
3 pgs
Exhibit B - Statement,
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Att: 3
Exhibit C - Amended Statement
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| Tuesday, May 28, 2024 | ||
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order
Order on Motion to Compel Order on Motion for Extension of Time to File
Tue 05/28 11:11 AM
ORDER granting8 Motion to Compel; granting8 Motion for Extension of Time to File. Plaintiff is directed to comply with Rule 26.1 on or before June 11, 2024 , and the deadline for Defendants to file a letter identifying Plaintiff's members and their residency is extended to on or before June 18, 2024 . So Ordered by Magistrate Judge James M. Wicks on 5/28/2024. (DN) |
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| Friday, May 24, 2024 | ||
| 8 | 8
motion
Compel Extension of Time to File Document
Fri 05/24 6:00 PM
Letter MOTION to Compel Local Rule 26.1 Compliance , Letter MOTION for Extension of Time to File Statement re: Plaintiff's Citizenship by 1 Sandpiper, LLC, 102 Ocean, LLC, 108 Deal, LLC, 112 Deal, LLC, 113 Deal Dr, LLC, 114 Deal Dr, LLC, 115 Deal Dr, LLC, 116 Deal Dr, LLC, 116 Ocean, LLC, 117 Deal Dr, LLC, 117 Ocean, LLC, 119 Ocean, LLC, 128 Conch, LLC, 138 Tuna, LLC, 155 OIB, LLC, 157 OIB, LLC, 1940 Holden, LLC, 21 Sea Turtle, LLC, 215 Brunswick, LLC, 217 Brunswick, LLC, 259 Burnswick, LLC, 407 Sunset, LLC, 609 Emerald, LLC, 611 Emerald, LLC, 611 Marathon Canal LLC, 88 Tingler Lane, LLC, 97 W Second, LLC, 98 W Second LLC, FLA Galeon LLC, Fun in the Sun Rentals, LLC, J.A.K Professional Inc, Jake Beach Rentals, LLC, John Adam Kozak, Orange Crush, LLC, Sand Happens, LLC, Stellar Beach LLC, Stellar Beach Realty & Rentals, LLC, Stellar Beach Rentals, LLC, Stellarbeach Builders LLC. (Neuman, Jonathan) |
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| Sunday, May 12, 2024 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Sun 05/12 6:57 PM
ORDER granting7 Motion for Extension of Time. Plaintiff is directed to comply with Rule 26.1 on or before May 17, 2024 , and the deadline for Defendant to file a letter identifying Plaintiff's members and their residency is extended to on or before May 24, 2024 . So Ordered by Magistrate Judge James M. Wicks on 5/12/2024. (DN) |
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| Thursday, May 09, 2024 | ||
| 7 | 7
motion
Extension of Time to Complete Discovery
Thu 05/09 5:50 PM
MOTION for Extension of Time to Complete Discovery by Terrapin Business Funding LLC. (Golub, Bonnie) |
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| Monday, May 06, 2024 | ||
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order
Order on Motion for Disclosure
Mon 05/06 10:57 AM
ORDER granting in part and denying in part6 Motion for Disclosure. Pursuant to Local Civil Rule 26.1, "[a] party shall furnish to any other party, within seven (7) days after a demand, a verified statement setting forth: (a) [i]f the responding party is a natural person, that partys residence and domicile, and any state or other jurisdiction of which that party is a citizen for purposes of 28 U.S.C. § 1332; (b) [i]f the responding party is a limited liability company, like information for all of its partners or members, as well as the state or other jurisdiction of its formation." Here, Defendants have advised that they have made a Local Rule 26.1 written demand upon Plaintiff for the identity of its members and their citizenship on April 25, 2024, to which Plaintiff did not comply. Accordingly, Plaintiff is directed to comply with Rule 26.1 on or before May 10, 2024 , and the deadline for Defendant to file a letter identifying Plaintiff's members and their residency is extended to on or before May 17, 2024 . To the extent Defendants seek attorney's fees, they are to make a formal application before the Court in accordance with the undersigned's individual rules. So Ordered by Magistrate Judge James M. Wicks on 5/6/2024. (DN) |
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| Thursday, May 02, 2024 | ||
| 6 | 6
motion
Disclosure
Thu 05/02 9:01 PM
Letter MOTION for Disclosure of Plaintiff's Members and Citizenship by 1 Sandpiper, LLC, 102 Ocean, LLC, 108 Deal, LLC, 112 Deal, LLC, 113 Deal Dr, LLC, 114 Deal Dr, LLC, 115 Deal Dr, LLC, 116 Deal Dr, LLC, 116 Ocean, LLC, 117 Deal Dr, LLC, 117 Ocean, LLC, 119 Ocean, LLC, 128 Conch, LLC, 138 Tuna, LLC, 155 OIB, LLC, 157 OIB, LLC, 1940 Holden, LLC, 21 Sea Turtle, LLC, 215 Brunswick, LLC, 217 Brunswick, LLC, 259 Burnswick, LLC, 407 Sunset, LLC, 609 Emerald, LLC, 611 Emerald, LLC, 611 Marathon Canal LLC, 88 Tingler Lane, LLC, 97 W Second, LLC, 98 W Second LLC, FLA Galeon LLC, Fun in the Sun Rentals, LLC, J.A.K Professional Inc, Jake Beach Rentals, LLC, John Adam Kozak, Orange Crush, LLC, Sand Happens, LLC, Stellar Beach LLC, Stellar Beach Realty & Rentals, LLC, Stellar Beach Rentals, LLC, Stellarbeach Builders LLC. (Neuman, Jonathan) |
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| Thursday, April 25, 2024 | ||
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order
Order(Other)
Thu 04/25 10:09 AM
ORDER. It is axiomatic that federal courts are of limited jurisdiction and possess only that power authorized by Constitution and statute. Kokkonen v. Guardian Life Ins. Co. of Am. , 511 U.S. 375, 377 (1994). Federal courts generally entertain cases falling into two categories, namely, cases involving a federal question, 28 U.S.C. § 1131, and cases where parties are citizens of different states and the amount in controversy exceeds $75,000, 28 U.S.C. § 1132. Further, it is to be presumed that a cause lies outside this limited jurisdiction and the burden of establishing the contrary rests upon the party asserting jurisdiction. Kokkonen , 511 U.S. at 377 (internal citations omitted). Where, as here, an action is removed to federal court based on diversity of citizenship jurisdiction, complete diversity must exist, meaning that all plaintiffs must be citizens of states diverse from those of all defendants. Pa. Pub. Sch. Emps. Ret. Sys. v. Morgan Stanley & Co. , 772 F.3d 111, 11718 (2d Cir. 2014) (citing Exxon Mobil Corp. v. Allapattah Servs., Inc. , 545 U.S. 546, 553 (2005)). "For diversity purposes, LLCs have the imputed citizenship of each of their members[,]" and "the party seeking to invoke the court's diversity jurisdiction must identify both the LLC's members and their citizenship." Am. Empire Surplus Lines Inc. Co. v. Clearview SM, Inc. , 2021 WL 3206930, at *1 (E.D.N.Y. July 29, 2021) (citation omitted); 136-61 Roosevelt LLC v. Starbucks Corp. , 2021 WL 2779287, at *1 (E.D.N.Y. July 2, 2021) (citation omitted). "If any of an LLC's members are themselves non-corporate entities, then a party must allege the identity and citizenship of their members, proceeding up the chain of ownership until the party has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC." Id . (citation omitted). As a result, the Complaint's allegations that "Plaintiff is a New York limited liability company and therefore a citizen of New York, while Defendants are citizens of North Carolina. The members of the corporate Defendants are similarly North Carolina citizens. Upon information and belief, the members of Plaintiff are New York citizens" (ECF No. 1 ) are insufficient to establish the Court's diversity jurisdiction, as the Complaint 1 does not allege the identity of the members of the Plaintiff LLC or the identity of any of the Defendant LLCs' members. Accordingly, in order to determine whether federal subject matter jurisdiction exists, Plaintiff is hereby directed to file a letter identifying its members and their residency, as well as the members of each Defendant LLC and their residency, on or before May 9, 2024 . So Ordered by Magistrate Judge James M. Wicks on 4/25/2024. (DN) |
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order
Order(Other)
Thu 04/25 3:26 PM
ORDER. The burden of establishing federal subject matter jurisdiction rests with the party seeking to invoke the court's jurisdiction. See Kokkonen v. Guardian Life Ins. Co. of Am. , 511 U.S. 375, 377 (1994). Where an action is removed, that burden rests with the removing party (defendant) to establish that federal subject matter jurisdiction exists, keeping in mind that the federal courts construe the removal statute narrowly, resolving any doubts against removability. Ferreira v. N.Y. Daily News , No. 08-CV-1520 (RRM)(MDG), 2009 WL 890577, at *2 (E.D.N.Y. Mar. 31, 2009) (quoting Thomas v. Baldwin , 189 F. Supp. 2d 1, 2 (E.D.N.Y. 2002)); see also Percy v. Oriska Gen. Contracting , 20-cv-6131 (NGG), 2021 WL 2184895, at *5 (E.D.N.Y. May 27, 2021) (On a motion to remand to state court, the burden falls squarely upon the removing party to establish its right to a federal forum by competent proof). Thus, the burden here lies with Defendant. Accordingly, this Court's prior order is hereby amended to direct Defendant, not Plaintiff to identify the particular members of each LLC. So Ordered by Magistrate Judge James M. Wicks on 4/25/2024. (DN) |
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| Tuesday, April 23, 2024 | ||
| 5 | 5
notice
Notice of Opportunity to Consent
Tue 04/23 9:03 AM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (LJ) |
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| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Tue 04/23 8:58 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
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utility
Case Assigned/Reassigned
Tue 04/23 9:02 AM
Case Assigned to Magistrate Judge James M. Wicks. 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. (LJ) |
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misc
ECF Admission and Registration Notification - Removal
Tue 04/23 9:10 AM
Avi Faskowitz - 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. (LJ) |
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| Monday, April 22, 2024 | ||
| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Mon 04/22 4:58 PM
Civil Cover Sheet.. Re1 Notice of Removal,,, by 1 Sandpiper, LLC, 102 Ocean, LLC, 108 Deal, LLC, 112 Deal, LLC, 113 Deal Dr, LLC, 114 Deal Dr, LLC, 115 Deal Dr, LLC, 116 Deal Dr, LLC, 116 Ocean, LLC, 117 Deal Dr, LLC, 117 Ocean, LLC, 119 Ocean, LLC, 128 Conch, LLC, 138 Tuna, LLC, 155 OIB, LLC, 157 OIB, LLC, 1940 Holden, LLC, 21 Sea Turtle, LLC, 215 Brunswick, LLC, 217 Brunswick, LLC, 259 Burnswick, LLC, 407 Sunset, LLC, 609 Emerald, LLC, 611 Emerald, LLC, 611 Marathon Canal LLC, 88 Tingler Lane, LLC, 97 W Second, LLC, 98 W Second LLC, FLA Galeon LLC, Fun in the Sun Rentals, LLC, J.A.K Professional Inc, Jake Beach Rentals, LLC, John Adam Kozak, Orange Crush, LLC, Sand Happens, LLC, Stellar Beach LLC, Stellar Beach Realty & Rentals, LLC, Stellar Beach Rentals, LLC, Stellarbeach Builders LLC (Neuman, Jonathan) |
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| 2 | 2
trial
Exhibit
Mon 04/22 4:22 PM
EXHIBIT A - State Court Papers by 1 Sandpiper, LLC, 102 Ocean, LLC, 108 Deal, LLC, 112 Deal, LLC, 113 Deal Dr, LLC, 114 Deal Dr, LLC, 115 Deal Dr, LLC, 116 Deal Dr, LLC, 116 Ocean, LLC, 117 Deal Dr, LLC, 117 Ocean, LLC, 119 Ocean, LLC, 128 Conch, LLC, 138 Tuna, LLC, 155 OIB, LLC, 157 OIB, LLC, 1940 Holden, LLC, 21 Sea Turtle, LLC, 215 Brunswick, LLC, 217 Brunswick, LLC, 259 Burnswick, LLC, 407 Sunset, LLC, 609 Emerald, LLC, 611 Emerald, LLC, 611 Marathon Canal LLC, 88 Tingler Lane, LLC, 97 W Second, LLC, 98 W Second LLC, FLA Galeon LLC, Fun in the Sun Rentals, LLC, J.A.K Professional Inc, Jake Beach Rentals, LLC, John Adam Kozak, Orange Crush, LLC, Sand Happens, LLC, Stellar Beach LLC, Stellar Beach Realty & Rentals, LLC, Stellar Beach Rentals, LLC, Stellarbeach Builders LLC. Related document:1 Notice of Removal,,, filed by 1940 Holden, LLC, 611 Emerald, LLC, 611 Marathon Canal LLC, 609 Emerald, LLC, 407 Sunset, LLC, 259 Burnswick, LLC, 217 Brunswick, LLC, 215 Brunswick, LLC, 157 OIB, LLC, 155 OIB, LLC, 138 Tuna, LLC, 128 Conch, LLC, 119 Ocean, LLC, 117 Ocean, LLC, 117 Deal Dr, LLC, 116 Ocean, LLC, 116 Deal Dr, LLC, 115 Deal Dr, LLC, 114 Deal Dr, LLC, 113 Deal Dr, LLC, 112 Deal, LLC, 108 Deal, LLC, 102 Ocean, LLC, 98 W Second LLC, 97 W Second, LLC, 88 Tingler Lane, LLC, 21 Sea Turtle, LLC, 1 Sandpiper, LLC, Fun in the Sun Rentals, LLC, Jake Beach Rentals, LLC, J.A.K Professional Inc, Stellar Beach Rentals, LLC, FLA Galeon LLC, Stellar Beach LLC, Stellar Beach Realty & Rentals, LLC, John Adam Kozak, Sand Happens, LLC, Orange Crush, LLC, Stellarbeach Builders LLC. (Neuman, Jonathan) |
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| 1 | 1
notice
Notice of Removal
Mon 04/22 4:10 PM
NOTICE OF REMOVAL by 1 Sandpiper, LLC, 102 Ocean, LLC, 108 Deal, LLC, 112 Deal, LLC, 113 Deal Dr, LLC, 114 Deal Dr, LLC, 115 Deal Dr, LLC, 116 Deal Dr, LLC, 116 Ocean, LLC, 117 Deal Dr, LLC, 117 Ocean, LLC, 119 Ocean, LLC, 128 Conch, LLC, 138 Tuna, LLC, 155 OIB, LLC, 157 OIB, LLC, 1940 Holden, LLC, 21 Sea Turtle, LLC, 215 Brunswick, LLC, 217 Brunswick, LLC, 259 Burnswick, LLC, 407 Sunset, LLC, 609 Emerald, LLC, 611 Emerald, LLC, 611 Marathon Canal LLC, 88 Tingler Lane, LLC, 97 W Second, LLC, 98 W Second LLC, FLA Galeon LLC, Fun in the Sun Rentals, LLC, J.A.K Professional Inc, Jake Beach Rentals, LLC, John Adam Kozak, Orange Crush, LLC, Sand Happens, LLC, Stellar Beach LLC, Stellar Beach Realty & Rentals, LLC, Stellar Beach Rentals, LLC, Stellarbeach Builders LLC from Supreme Court, Nassau County, case number 605128/2024. ( Filing fee $ 405 receipt number ANYEDC-17797384) (Neuman, Jonathan) |
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Att: 1
Civil Cover Sheet
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notice
Notice: Re: Incomplete Civil Cover Sheet
Mon 04/22 4:46 PM
Notice: Re: Civil Cover Sheet. The Civil Cover Sheet was not filled out correctly - specifically on page 2 the NY-E Division of Business Rule 1(c) section of the document; Question 1 indicates Yes and No; Please select only one answer. Counsel is directed to submit a corrected Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
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