Spano et al v. Solar Fi Advisor, LLC d/b/a Sunrocket Capital et al

New York Southern District Court
Judge:Jennifer L Rochon
Case #: 1:24-cv-09310
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity Action
Case Filed:Dec 06, 2024
Last checked: Monday Jan 20, 2025 3:50 AM EST
Defendant
Kevin Adler
788 NE 23rd Street, Suite 2201
Miami, FL 33137
Defendant
Allen Funk
788 NE 23rd Street, Suite 2201
Miami, FL 33137
Defendant
Red Oak Advisors, LLC
300 Creek View Road, Suite 209
Newark, DE 19711
Defendant
Brian Sidman
545 NW 26th Street, Suite 620
Miami, FL 33127
Defendant
Solar Fi Advisor, LLC d/b/a Sunrocket Capital
10 Lakeland Avenue
Dover, DE 19901
Plaintiff
ILYM Solar, LLC
Represented By
Daniel Eric Lust
Moritt Hock & Hamroff LLP
contact info
Pietro Lynn
Lynn, Lynn, Blackman & Manitsky, P.C.
contact info
Plaintiff
James Spano
Represented By
Daniel Eric Lust
Moritt Hock & Hamroff LLP
contact info
Pietro Lynn
Lynn, Lynn, Blackman & Manitsky, P.C.
contact info


Docket last updated: 05/13/2025 11:59 PM EDT
Tuesday, April 15, 2025
43 43 3 pgs respoth Memorandum of Law (non-motion) Tue 04/15 10:56 AM
MEMORANDUM OF LAW in Support of Notice of Dismissal . Document filed by ILYM Solar, LLC, James Spano..(Lynn, Pietro)
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42 42 notice Notice of Voluntary Dismissal Tue 04/15 10:43 AM
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and with costs against the defendant(s) Kevin Adler, Allen Funk, Red Oak Advisors, LLC, Brian Sidman, Solar Fi Advisor, LLC d/b/a Sunrocket Capital. Document filed by ILYM Solar, LLC, James Spano. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Lynn, Pietro)
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misc Notice to Attorney Regarding Deficient Voluntary Dismissal Tue 04/15 10:23 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Daniel Lust. RE-FILE Document No. 41 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): The documents need to be filed separately. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. File the Memorandum of Law using Other Filings, Other Documents, Memorandum of Law (non-motion). (km)
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Monday, April 14, 2025
41 41 notice Notice of Voluntary Dismissal Mon 04/14 1:32 PM
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Kevin Adler, Allen Funk, Red Oak Advisors, LLC, Brian Sidman, Solar Fi Advisor, LLC d/b/a Sunrocket Capital. Document filed by ILYM Solar, LLC, James Spano. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Lust, Daniel)
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Att: 1 Memorandum of Law in Support of Notice of Dismissal
40 40 3 pgs respm Memorandum of Law in Opposition to Motion Mon 04/14 1:28 PM
MEMORANDUM OF LAW in Opposition re:38 MOTION to Dismiss for Lack of Jurisdiction .,36 MOTION to Dismiss . . Document filed by ILYM Solar, LLC, James Spano..(Lust, Daniel)
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Att: 1 Exhibit 1- Declaration,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 Exhibit 4
Tuesday, April 01, 2025
39 39 respm Declaration in Support of Motion Tue 04/01 11:39 PM
DECLARATION of Christopher J. McNamara in Support re:36 MOTION to Dismiss .. Document filed by Kevin Adler, Allen Funk, Red Oak Advisors, LLC, Brian Sidman..(McNamara, Christopher)
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Att: 1 Exhibit A (May 2021 Agreement),
Att: 2 Exhibit B (May 2022 Agreement),
Att: 3 Exhibit C (1/27/25 Email),
Att: 4 Exhibit D (1/14/25 - 2/2/25 Email Chain),
Att: 5 Exhibit E (Dkt. No 29),
Att: 6 Exhibit F (Dkt. No. 30-1),
Att: 7 Exhibit G (3/24/25 Email)
38 38 motion Dismiss/Lack of Jurisdiction Tue 04/01 11:38 PM
MOTION to Dismiss for Lack of Jurisdiction . Document filed by Solar Fi Advisor, LLC d/b/a Sunrocket Capital..(Minsker, Jonathan)
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Att: 1 Affidavit Declaration of Brian A. Sidman
37 37 30+ pgs respm Memorandum of Law in Support of Motion Tue 04/01 11:34 PM
MEMORANDUM OF LAW in Support re:36 MOTION to Dismiss . . Document filed by Kevin Adler, Allen Funk, Red Oak Advisors, LLC, Brian Sidman..(McNamara, Christopher)
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36 36 motion Dismiss Tue 04/01 11:31 PM
MOTION to Dismiss . Document filed by Kevin Adler, Allen Funk, Red Oak Advisors, LLC, Brian Sidman..(McNamara, Christopher)
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35 35 notice Notice of Appearance Tue 04/01 4:10 PM
NOTICE OF APPEARANCE by David Joseph Shapiro on behalf of Red Oak Advisors, LLC..(Shapiro, David)
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34 34 notice Notice of Appearance Tue 04/01 1:59 PM
NOTICE OF APPEARANCE by Jonathan Eric Minsker on behalf of Brian Sidman, Solar Fi Advisor, LLC d/b/a Sunrocket Capital..(Minsker, Jonathan)
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Monday, March 17, 2025
33 33 2 pgs order Order on Motion to Adjourn Conference Mon 03/17 4:38 PM
ORDER granting32 Letter Motion to Adjourn Conference The requested is GRANTED. The initial pretrial conference is adjourned sine die. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/17/2025) (jca)
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32 32 motion Adjourn Conference Mon 03/17 12:41 PM
LETTER MOTION to Adjourn Conference addressed to Judge Jennifer L. Rochon from Christopher J. McNamara dated March 17, 2025. Document filed by Kevin Adler, Allen Funk..(McNamara, Christopher)
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Tuesday, March 11, 2025
31 31 1 pgs order Order on Motion for Extension of Time to Answer Tue 03/11 6:13 PM
ORDER granting30 Letter Motion for Extension of Time to Answer The requested extension is GRANTED. The deadline for Defendant Funk to answer or otherwise respond to the Complaint shall be April 1, 2025. SO ORDERED. Allen Funk answer due 4/1/2025. (Signed by Judge Jennifer L. Rochon on 3/11/2025) (jca)
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30 30 motion Extension of Time to File Answer Tue 03/11 1:33 PM
LETTER MOTION for Extension of Time to File Answer addressed to Judge Jennifer L. Rochon from Christopher J. McNamara dated March 11, 2025. Document filed by Allen Funk..(McNamara, Christopher)
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Att: 1 Exhibit Declaration of Allen B. Funk
Monday, March 03, 2025
29 29 service Affidavit of Service Complaints Mon 03/03 3:52 PM
AFFIDAVIT OF SERVICE. Allen Funk served on 2/19/2025, answer due 3/12/2025. Service was accepted by Allen Funk. Document filed by ILYM Solar, LLC; James Spano..(Lynn, Pietro)
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Thursday, February 13, 2025
28 28 1 pgs service Waiver of Service Executed Thu 02/13 1:27 PM
WAIVER OF SERVICE RETURNED EXECUTED. Solar Fi Advisor, LLC d/b/a Sunrocket Capital waiver sent on 1/31/2025, answer due 4/1/2025. Document filed by Solar Fi Advisor, LLC d/b/a Sunrocket Capital..(Lynn, Pietro)
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27 27 service Waiver of Service Executed Thu 02/13 1:26 PM
WAIVER OF SERVICE RETURNED EXECUTED. Brian Sidman waiver sent on 1/31/2025, answer due 4/1/2025. Document filed by ILYM Solar, LLC; James Spano..(Lynn, Pietro)
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26 26 service Waiver of Service Executed Thu 02/13 1:25 PM
WAIVER OF SERVICE RETURNED EXECUTED. Red Oak Advisors, LLC waiver sent on 1/31/2025, answer due 4/1/2025. Document filed by ILYM Solar, LLC; James Spano..(Lynn, Pietro)
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Monday, February 10, 2025
25 25 notice Notice of Appearance Mon 02/10 2:26 PM
NOTICE OF APPEARANCE by Christopher James McNamara on behalf of Kevin Adler..(McNamara, Christopher)
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24 24 notice Notice of Appearance Mon 02/10 2:21 PM
NOTICE OF APPEARANCE by Quinn Disa on behalf of Kevin Adler..(Disa, Quinn)
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Tuesday, February 04, 2025
23 23 service Waiver of Service Executed Tue 02/04 9:55 AM
WAIVER OF SERVICE RETURNED EXECUTED. Kevin Adler waiver sent on 1/31/2025, answer due 4/1/2025. Document filed by ILYM Solar, LLC; James Spano..(Lynn, Pietro)
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Friday, January 17, 2025
22 22 notice Notice of Appearance Fri 01/17 12:49 PM
NOTICE OF APPEARANCE by Pietro Lynn on behalf of ILYM Solar, LLC, James Spano..(Lynn, Pietro)
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Wednesday, January 15, 2025
21 21 2 pgs order Order on Motion to Appear Pro Hac Vice Wed 01/15 1:36 PM
ORDER FOR ADMISSION PRO HAC VICE granting20 MOTION for Pietro J. Lynn to Appear Pro Hac Vice. The motion of Daniel E. Lust, Esq. for admission of Pietro J. Lynn, Esq. to practice Pro Hac Vice in the above captioned action is granted.. (Signed by Judge Jennifer L. Rochon on 1/15/2025) (jca)
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Tuesday, January 14, 2025
20 20 motion Appear Pro Hac Vice Tue 01/14 2:49 PM
MOTION for Pietro J. Lynn to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ILYM Solar, LLC, James Spano..(Lust, Daniel)
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Att: 1 Exhibit A- Affidavit of Pietro J. Lynn,
Att: 2 Exhibit B - Certificate Good Standing,
Att: 3 Proposed Order Proposed Order
misc Notice Regarding Pro Hac Vice Motion Tue 01/14 4:10 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 20 MOTION for Pietro J. Lynn to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)
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Friday, December 20, 2024
19 19 3 pgs order Order for Initial Pretrial Conference Fri 12/20 11:55 AM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Courts Individual Rules and Practices to that party personally. As further set forth by this Order. SO ORDERED. Initial Conference set for 3/25/2025 at 10:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 12/20/2024) (tg)
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Thursday, December 19, 2024
18 18 motion Appear Pro Hac Vice Thu 12/19 3:34 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Pietro J. Lynn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30360238. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ILYM Solar, LLC, James Spano..(Lust, Daniel) Modified on 12/19/2024 (rju)
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Att: 1 Exhibit A - Lynn Affidavit,
Att: 2 Exhibit B - Certificate Good Standing
17 17 cmp Amended Complaint Thu 12/19 3:24 PM
SECOND AMENDED COMPLAINT amending15 Amended Complaint,1 Complaint, against Kevin Adler, Allen Funk, Red Oak Advisors, LLC, Brian Sidman, Solar Fi Advisor, LLC d/b/a Sunrocket Capital with JURY DEMAND.Document filed by ILYM Solar, LLC, James Spano. Related document:15 Amended Complaint,1 Complaint,..(Lust, Daniel)
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misc Notice Regarding Deficient Motion to Appear Pro Hac Vice Thu 12/19 3:57 PM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 18 MOTION for Pietro J. Lynn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30360238. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Vermont; missing Proposed Order; Must list all the jurisdictions you are admitted in on your affidavit;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (rju)
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Monday, December 16, 2024
16 16 3 pgs order Order ~Util - Set Deadlines Mon 12/16 3:29 PM
ORDER The Court shall provide Plaintiff one final opportunity to plead facts sufficient to establish that this Court has subject matter over this dispute. By December 23, 2024, Plaintiff shall amend the Amended Complaint to properly allege the citizenship of all parties in this case, including all members of the Plaintiff and Defendant LLCs. Failure to do so will result in dismissal of the action for lack of subject matter jurisdiction without further notice to any party. (And as further set forth herein.) SO ORDERED. ( Amended Pleadings due by 12/23/2024.) (Signed by Judge Jennifer L. Rochon on 12/16/2024) (jca)
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Wednesday, December 11, 2024
15 15 12 pgs cmp Amended Complaint Wed 12/11 12:19 PM
AMENDED COMPLAINT amending1 Complaint, against Kevin Adler, Allen Funk, Red Oak Advisors, LLC, Brian Sidman, Solar Fi Advisor, LLC d/b/a Sunrocket Capital with JURY DEMAND.Document filed by ILYM Solar, LLC, James Spano. Related document:1 Complaint,..(Lust, Daniel)
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Monday, December 09, 2024
14 14 misc Civil Cover Sheet Mon 12/09 2:20 PM
CIVIL COVER SHEET filed..(Lust, Daniel)
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13 13 2 pgs order Order ~Util - Set Deadlines Mon 12/09 1:05 PM
ORDER Accordingly, it is hereby ORDERED that, on or before December 16, 2024, Plaintiffs shall amend the Complaint to allege the citizenship of each constituent person or entity comprising the Plaintiff and Defendant LLCs as well as the citizenship of all individual parties. If, by that date, Plaintiffs are unable to amend the Complaint to truthfully allege complete diversity of citizenship, then the Complaint will be dismissed for lack of subject matter jurisdiction without further notice to either party. SO ORDERED. (Amended Pleadings due by 12/16/2024.) (Signed by Judge Jennifer L. Rochon on 12/9/2024) (jca)
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12 12 service Summons Issued Mon 12/09 11:24 AM
ELECTRONIC SUMMONS ISSUED as to Solar Fi Advisor, LLC d/b/a Sunrocket Capital..(jgo)
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11 11 service Summons Issued Mon 12/09 11:23 AM
ELECTRONIC SUMMONS ISSUED as to Red Oak Advisors, LLC..(jgo)
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10 10 service Summons Issued Mon 12/09 11:23 AM
ELECTRONIC SUMMONS ISSUED as to Kevin Adler..(jgo)
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9 9 service Summons Issued Mon 12/09 11:22 AM
ELECTRONIC SUMMONS ISSUED as to Brian Sidman..(jgo)
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8 8 service Summons Issued Mon 12/09 11:21 AM
ELECTRONIC SUMMONS ISSUED as to Allen Funk..(jgo)
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misc Notice to Attorney Regarding Deficient Civil Cover Sheet Mon 12/09 11:09 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel Eric Lust to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated December 4, 2024; the incorrect Citizenship Defendant code was selected; the Courthouse Assignment code was not selected; the PDF was not signed or dated by the attorney. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 4, 2024. The S.D.N.Y. Civil Cover Sheet dated December 4, 2024 is located at http://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Mon 12/09 11:10 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Eric Lust. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo)
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misc Notice to Attorney Regarding Deficient Pleading Mon 12/09 11:12 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Eric Lust to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
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misc Notice to Attorney Regarding Party Modification Mon 12/09 11:13 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Eric Lust. The party information for the following party/parties has been modified: Solar Fi Advisor, LLC d/b/a Sunrocket Capital. 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 Mon 12/09 11:16 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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 Mon 12/09 11:19 AM
Magistrate Judge Katharine H. Parker 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 Mon 12/09 11:20 AM
Case Designated ECF. (jgo)
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Friday, December 06, 2024
7 7 service Request for Issuance of Summons Fri 12/06 12:58 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Solar-Fi Advisor, LLC d/b/a Sunrocket Capital, re:1 Complaint,. Document filed by ILYM Solar, LLC, James Spano..(Lust, Daniel)
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6 6 service Request for Issuance of Summons Fri 12/06 12:56 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Red Oak Advisors, LLC, re:1 Complaint,. Document filed by ILYM Solar, LLC, James Spano..(Lust, Daniel)
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5 5 service Request for Issuance of Summons Fri 12/06 12:54 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Kevin Adler, re:1 Complaint,. Document filed by ILYM Solar, LLC, James Spano..(Lust, Daniel)
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4 4 service Request for Issuance of Summons Fri 12/06 12:50 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Brian Sidman, re:1 Complaint,. Document filed by ILYM Solar, LLC, James Spano..(Lust, Daniel)
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3 3 service Request for Issuance of Summons Fri 12/06 12:49 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Allen Funk, re:1 Complaint,. Document filed by ILYM Solar, LLC, James Spano..(Lust, Daniel)
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2 2 misc Civil Cover Sheet Fri 12/06 12:46 PM
CIVIL COVER SHEET filed..(Lust, Daniel)
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1 1 11 pgs cmp Complaint Fri 12/06 12:45 PM
COMPLAINT against Kevin Adler, Allen Funk, Red Oak Advisors, LLC, Brian Sidman, Solar Fi Advisor, LLC d/b/a Sunrocket Capital, ILYM Solar, LLC, James Spano. (Filing Fee $ 405.00, Receipt Number ANYSDC-30290847)Document filed by ILYM Solar, LLC, James Spano..(Lust, Daniel)
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