BKNS Management LLC v. Messner Reeves LLP et al
| New York Southern District Court | |
| Judge: | Jeannette A Vargas |
| Case #: | 1:24-cv-05581 |
| Nature of Suit | 470 Other Statutes - Racketeer Influenced and Corrupt Organizations |
| Cause | 18:1961 Racketeering (RICO) Act |
| Case Filed: | Jul 24, 2024 |
| Last checked: Monday Jan 20, 2025 3:29 AM EST |
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Defendant
Clearwater Premiere Perpetual Master LLC
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Defendant
Messner Reeves LLP
Messner Reeves LLP 805 Third Avenue 18th Floor
New York, NY 10022 |
Represented By
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Defendant
Titan Financial, LLC
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Defendant
Torben Welch
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Represented By
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Defendant
Jonathan Wright
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Plaintiff
BKNS Management LLC
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Represented By
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| Docket last updated: 59 minutes ago |
| Monday, January 06, 2025 | ||
| 39 | 39
14
pgs
respm
Reply Memorandum of Law in Support of Motion
Mon 01/06 4:02 PM
REPLY MEMORANDUM OF LAW in Support re:36 FIRST MOTION to Dismiss . . Document filed by Messner Reeves LLP, Torben Welch..(Prager, Sarah) |
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| 38 | 38
1
pgs
order
Order
Mon 01/06 3:33 PM
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Practices, which are available at https://nysd.uscourts.gov/hon-jeannette-vargas. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the cases reassignment. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 1/6/2025) (sgz) |
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| Monday, December 30, 2024 | ||
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32
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respm
Memorandum of Law in Opposition to Motion
Mon 12/30 1:43 PM
MEMORANDUM OF LAW in Opposition re:36 FIRST MOTION to Dismiss . . Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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Att: 1
Affidavit Declaration of Joseph Zelmanovitz,
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Att: 2
Exhibit Exhibit A to Zelmanovitz Declaration: Amended Complaint,
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Att: 3
Affidavit Declaration of Brian Khunovich
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| Friday, December 20, 2024 | ||
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notice
Notice of Case Assignment/Reassignment
Fri 12/20 1:52 PM
NOTICE OF CASE REASSIGNMENT to Judge Jeannette A. Vargas. Judge Mary Kay Vyskocil is no longer assigned to the case. (vba) |
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| Monday, December 16, 2024 | ||
| 36 | 36
132
pgs
motion
Dismiss
Mon 12/16 2:41 PM
FIRST MOTION to Dismiss . Document filed by Messner Reeves LLP, Torben Welch. Responses due by 12/30/2024.(Salvo, Joseph) |
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| Monday, November 25, 2024 | ||
| 35 | 35
order
Scheduling Order
Mon 11/25 6:50 PM
SCHEDULING ORDER: IT IS HEREBY ORDERED that, Defendants' motion pursuant to Federal Rules of Civil Procedure 23.1, 12(b)(6), and U.S.C § 1404(a), is due on or before December 16, 2024. Further briefing shall be submitted on the schedule set forth in Local Rule 6.1(b). Any request for an extension or adjournment shall be made by letter filed on ECF and must be received at least 48 hours before the deadline. SO ORDERED. Motions due by 12/16/2024. (Signed by Judge Mary Kay Vyskocil on 11/25/2024) (vfr) |
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| 34 | 34
misc
Letter
Mon 11/25 2:51 PM
LETTER addressed to Judge Mary Kay Vyskocil from Joseph Zelmanovitz dated 11.25.2024 re: Defendants' Pre-Motion Conference Request. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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| Thursday, November 21, 2024 | ||
| 33 | 33
misc
Letter
Thu 11/21 4:32 PM
FIRST LETTER addressed to Judge Mary Kay Vyskocil from Sarah Prager dated 11/21/24 re: Pre-Motion Conference Letter. Document filed by Messner Reeves LLP, Torben Welch..(Prager, Sarah) |
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| Wednesday, November 13, 2024 | ||
| 32 | 32
cmp
Amended Complaint
Wed 11/13 3:57 PM
AMENDED COMPLAINT amending29 Amended Complaint,28 Amended Complaint, against Clearwater Premiere Perpetual Master LLC, Messner Reeves LLP, Titan Financial, LLC, Torben Welch, Jonathan Wright with JURY DEMAND.Document filed by BKNS Management LLC. Related document:29 Amended Complaint,28 Amended Complaint,..(Zelmanovitz, Joseph) |
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| 31 | 31
order
Memo Endorsement
Wed 11/13 2:44 PM
MEMO ENDORSEMENT on re:30 Letter filed by BKNS Management LLC. ENDORSEMENT: Plaintiff is GRANTED leave to file a further amended complaint with the only permissible change being the addition of a verification. Since the substance of the amended complaint may not change from what was originally filed at ECF No. 28, the schedule for briefing on the MTD, as set forth in the Order at ECF No. 26, remains in effect. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 11/13/2024) (tg) |
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| Tuesday, November 12, 2024 | ||
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misc
Notice to Attorney Regarding Deficient Pleading
Tue 11/12 3:44 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joseph Zelmanovitz re: Document No. 29 Amended Complaint,. The filing is deficient for the following reason(s): Court's leave has not been granted, Amended Complaint was already filed and approved.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc) |
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| Monday, November 11, 2024 | ||
| 30 | 30
misc
Letter
Mon 11/11 9:44 AM
LETTER addressed to Judge Mary Kay Vyskocil from Joseph Zelmanovitz dated 11/11/24 re: verification to the amended complaint. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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| 29 | 29
28
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cmp
Amended Complaint
Mon 11/11 9:19 AM
AMENDED COMPLAINT amending28 Amended Complaint, against Clearwater Premiere Perpetual Master LLC, Messner Reeves LLP, Titan Financial, LLC, Torben Welch, Jonathan Wright with JURY DEMAND.Document filed by BKNS Management LLC. Related document:28 Amended Complaint,..(Zelmanovitz, Joseph) |
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Att: 1
Affidavit Verification of Amended Complaint
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| Thursday, November 07, 2024 | ||
| 28 | 28
cmp
Amended Complaint
Thu 11/07 11:11 PM
FIRST AMENDED COMPLAINT amending2 Complaint, against Clearwater Premiere Perpetual Master LLC, Messner Reeves LLP, Titan Financial, LLC, Torben Welch, Jonathan Wright with JURY DEMAND.Document filed by BKNS Management LLC. Related document:2 Complaint,..(Zelmanovitz, Joseph) |
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| Tuesday, October 22, 2024 | ||
| 27 | 27
1
pgs
misc
Letter
Tue 10/22 9:40 AM
LETTER addressed to Judge Mary Kay Vyskocil from Joseph Zelmanovitz dated 10/22/24 re: leave to amend complaint. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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| Friday, October 18, 2024 | ||
| 26 | 26
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pgs
order
Scheduling Order
Mon 10/21 9:30 AM
SCHEDULING ORDER: IT IS HEREBY ORDERED that, by October 25, 2024, Plaintiff shall file a letter informing the Court and Defendants whether Plaintiff intends to file an amended complaint. IT IS FURTHER ORDERED that, if Plaintiff elects to amend, it shall file the amended complaint by November 8, 2024. Defendants shall respond within 14 days. IT IS FURTHER ORDERED that, if Plaintiff elects not to amend, Defendants shall file their contemplated motion by November 8, 2024. Any request for an extension or adjournment shall be made by letter filed on ECF and must be received at least 48 hours before the deadline. Amended Pleadings due by 11/8/2024. Motions due by 11/8/2024. (Signed by Judge Mary Kay Vyskocil on 10/18/2024) (jjc) |
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| Tuesday, October 15, 2024 | ||
| 25 | 25
misc
Letter
Tue 10/15 5:13 PM
LETTER addressed to Judge Mary Kay Vyskocil from Joseph Zelmanovitz dated 10/15/24 re: Defendants' Pre-Motion Conference Request. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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| Thursday, October 10, 2024 | ||
| 24 | 24
3
pgs
misc
Letter
Thu 10/10 4:54 PM
LETTER addressed to Judge Mary Kay Vyskocil from Joseph Salvo dated October 10, 2024 re: Request a pre-motion conference. Document filed by Messner Reeves LLP, Torben Welch..(Salvo, Joseph) |
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| Tuesday, September 24, 2024 | ||
| 23 | 23
1
pgs
order
Order on Motion for Extension of Time to Answer
Tue 09/24 12:28 PM
ORDER granting22 Letter Motion for Extension of Time to Answer re2 Complaint,. Granted. SO ORDERED. Messner Reeves LLP answer due 10/10/2024; Torben Welch answer due 10/10/2024. (Signed by Judge Mary Kay Vyskocil on 9/24/2024) (tg) |
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| 22 | 22
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pgs
motion
Extension of Time to File Answer
Tue 09/24 11:21 AM
SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Mary Kay Vyskocil from Sarah Prager dated September 24, 2024. Document filed by Messner Reeves LLP, Torben Welch..(Prager, Sarah) |
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| Wednesday, September 11, 2024 | ||
| 21 | 21
service
Affidavit of Service Complaints
Wed 09/11 10:56 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Titan Financial, LLC served on 8/8/2024, answer due 8/29/2024. Service was accepted by Sue Zouky. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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| 20 | 20
service
Affidavit of Service Complaints
Wed 09/11 10:53 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Clearwater Premiere Perpetual Master LLC served on 8/12/2024, answer due 9/3/2024. Service was accepted by Sue Zouky. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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| Thursday, August 15, 2024 | ||
| 19 | 19
service
Affidavit of Service Complaints
Thu 08/15 8:30 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Torben Welch served on 8/2/2024, answer due 9/27/2024. Service was accepted by Torben Welch. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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| Wednesday, August 14, 2024 | ||
| 18 | 18
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order
Order on Motion for Extension of Time
Wed 08/14 2:37 PM
ORDER granting16 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/14/2024) (tg) |
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notice
Notice of Appearance
Wed 08/14 1:22 PM
NOTICE OF APPEARANCE by Joseph Salvo on behalf of Messner Reeves LLP, Torben Welch..(Salvo, Joseph) |
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| 16 | 16
motion
Extension of Time
Wed 08/14 1:21 PM
LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil. Document filed by Messner Reeves LLP, Torben Welch..(Prager, Sarah) |
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| 15 | 15
notice
Notice of Appearance
Wed 08/14 1:19 PM
NOTICE OF APPEARANCE by Sarah Prager on behalf of Messner Reeves LLP, Torben Welch..(Prager, Sarah) |
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utility
Set/Reset Deadlines
Wed 08/14 2:39 PM
Set/Reset Deadlines: Messner Reeves LLP answer due 9/27/2024; Torben Welch answer due 9/27/2024. (tg) |
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| Thursday, August 01, 2024 | ||
| 14 | 14
service
Affidavit of Service Complaints
Thu 08/01 11:39 AM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Messner Reeves LLP served on 7/29/2024, answer due 8/19/2024. Service was accepted by Samantha Armstrong, Office Manager. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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| Thursday, July 25, 2024 | ||
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service
Summons Issued
Thu 07/25 9:46 AM
ELECTRONIC SUMMONS ISSUED as to Torben Welch..(jgo) |
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| 12 | 12
service
Summons Issued
Thu 07/25 9:45 AM
ELECTRONIC SUMMONS ISSUED as to Titan Financial, LLC..(jgo) |
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| 11 | 11
service
Summons Issued
Thu 07/25 9:45 AM
ELECTRONIC SUMMONS ISSUED as to Messner Reeves LLP..(jgo) |
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| 10 | 10
service
Summons Issued
Thu 07/25 9:44 AM
ELECTRONIC SUMMONS ISSUED as to Jonathan Wright..(jgo) |
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| 9 | 9
service
Summons Issued
Thu 07/25 9:43 AM
ELECTRONIC SUMMONS ISSUED as to Clearwater Premiere Perpetual Master LLC..(jgo) |
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| 8 | 8
service
Request for Issuance of Summons
Thu 07/25 9:33 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Titan Financial, LLC, re:2 Complaint,. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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| 7 | 7
service
Request for Issuance of Summons
Thu 07/25 9:29 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Torben Welch, re:2 Complaint,. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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service
Request for Issuance of Summons
Thu 07/25 9:27 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Jonathan Wright, re:2 Complaint,. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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service
Request for Issuance of Summons
Thu 07/25 9:23 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Clearwater Premiere Perpetual Master LLC, re:2 Complaint,. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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| 4 | 4
service
Request for Issuance of Summons
Thu 07/25 9:13 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Messner Reeves LLP, re:2 Complaint,. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Thu 07/25 9:34 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph Zelmanovitz. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); Dollar Demand none; County code Albany;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the Dollar Demand has been modified to $3,500.000; the County code has been modified to Rockland;. (jgo) |
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misc
Notice to Attorney Regarding Party Modification
Thu 07/25 9:36 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Zelmanovitz. The party information for the following party/parties has been modified: BKNS Management LLC; Messner Reeves LLP; Clearwater Premiere Perpetual Master LLC; Jonathan Wright; Torben Welch; Titan Financial, LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
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notice
Case Opening Initial Assignment Notice
Thu 07/25 9:37 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) |
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utility
Case Designation
Thu 07/25 9:42 AM
Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) |
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utility
Case Designated ECF
Thu 07/25 9:42 AM
Case Designated ECF. (jgo) |
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| Wednesday, July 24, 2024 | ||
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service
Request for Issuance of Summons
Wed 07/24 5:45 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Messner Reeves LLP, re:2 Complaint,. Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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| 2 | 2
25
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cmp
Complaint
Wed 07/24 5:12 PM
COMPLAINT against Clearwater Premiere Perpetual Master LLC, Messner Reeves LLP, Titan Financial, LLC, Torben Welch, Jonathan Wright. (Filing Fee $ 405.00, Receipt Number ANYSDC-29652088)Document filed by BKNS Management LLC..(Zelmanovitz, Joseph) |
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misc
Civil Cover Sheet
Wed 07/24 9:30 AM
CIVIL COVER SHEET filed..(Zelmanovitz, Joseph) |
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