Merida Capital Partners III LP v. Fernane et al
| New York Southern District Court | |
| Judge: | Jeannette A Vargas |
| Case #: | 1:25-cv-01235 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 15:78m(a) Securities Exchange Act |
| Case Filed: | Feb 11, 2025 |
| Last checked: Friday Mar 28, 2025 6:22 AM EDT |
|
Defendant
ABC Corp.
|
|
|
Defendant
Jacob Fernane
|
Represented By
|
|
Defendant
John Does 1-3
|
|
|
Defendant
Liqueous LP
|
Represented By
|
|
Defendant
Pacific Lion LLC
|
Represented By
|
|
Plaintiff
Merida Capital Partners III LP
|
Represented By
|
| Docket last updated: 3 hours ago |
| Monday, May 05, 2025 | ||
| 43 | 43
respm
Declaration in Opposition to Motion
Mon 05/05 8:23 PM
DECLARATION of Joshua K. Bromberg in Opposition re:29 MOTION to Compel Arbitration AND . MOTION to Dismiss THIS ACTION WITH PREJUDICE, OR IN THE ALTERNATIVE, (II) . MOTION to Transfer Case TO U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA TO RULE ON DEFENDANTS' MOTION TO COMPEL ARBITRATION AND . MOTION to Stay THIS ACTION .. Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
|
Att: 1
Exhibit BREX04416,
|
||
|
Att: 2
Exhibit Miami-Dade Criminal Case Search Results,
|
||
|
Att: 3
Exhibit Fernane Arrest Affidavit,
|
||
|
Att: 4
Exhibit Fernane Level 2 Release Order,
|
||
|
Att: 5
Exhibit Fernane Second Amended Order for Modification of Pretrial Release,
|
||
|
Att: 6
Exhibit Mid-Castle ECF No 89,
|
||
|
Att: 7
Exhibit Mid-Castle ECF No 50,
|
||
|
Att: 8
Exhibit Mid-Castle ECF No 69,
|
||
|
Att: 9
Exhibit Mid-Castle ECF No 42,
|
||
|
Att: 10
Exhibit Avantgarde ECF No 34,
|
||
|
Att: 11
Exhibit Avantgarde ECF No 33,
|
||
|
Att: 12
Exhibit Mid-Castle ECF No 75,
|
||
|
Att: 13
Exhibit Mid-Castle ECF No 85
|
||
| 42 | 42
19
pgs
respm
Memorandum of Law in Opposition to Motion
Mon 05/05 8:18 PM
MEMORANDUM OF LAW in Opposition re:29 MOTION to Compel Arbitration AND . MOTION to Dismiss THIS ACTION WITH PREJUDICE, OR IN THE ALTERNATIVE, (II) . MOTION to Transfer Case TO U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA TO RULE ON DEFENDANTS' MOTION TO COMPEL ARBITRATION AND . MOTION to Stay THIS ACTION . . Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| Friday, May 02, 2025 | ||
| 41 | 41
respm
Reply to Response to Motion
Fri 05/02 5:40 PM
LETTER REPLY to Response to Motion addressed to Judge Jeannette A. Vargas from Robert Heim dated May 2, 2025 re:35 LETTER MOTION to Stay Discovery addressed to Judge Jeannette A. Vargas from Robert Heim dated April 22, 2025. . Document filed by Jacob Fernane, Liqueous LP, Pacific Lion LLC..(Heim, Robert) |
|
| Thursday, May 01, 2025 | ||
| 40 | 40
respm
Response to Motion
Thu 05/01 6:37 PM
LETTER RESPONSE to Motion addressed to Judge Jeannette A. Vargas from Joshua K. Bromberg dated May 1, 2025 re:36 LETTER MOTION for Discovery Quash Ten Third Party Subpoenas addressed to Judge Jeannette A. Vargas from Robert Heim dated April 24, 2025. . Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| Tuesday, April 29, 2025 | ||
| 39 | 39
respm
Response to Motion
Tue 04/29 6:09 PM
LETTER RESPONSE to Motion addressed to Judge Jeannette A. Vargas from Joshua K. Bromberg dated April 29, 2025 re:35 LETTER MOTION to Stay Discovery addressed to Judge Jeannette A. Vargas from Robert Heim dated April 22, 2025. . Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
|
Att: 1
Exhibit SIX Response to Merida Subpoena,
|
||
|
Att: 2
Exhibit BREX04416,
|
||
|
Att: 3
Exhibit BREX00219,
|
||
|
Att: 4
Exhibit BREX04360,
|
||
|
Att: 5
Exhibit Miami-Dade Criminal Case Search Results,
|
||
|
Att: 6
Exhibit Fernane Arrest Affidavit,
|
||
|
Att: 7
Exhibit Fernane Level 2 Release Order,
|
||
|
Att: 8
Exhibit Fernane Second Amended Order for Mod. of Pretrial Release
|
||
| Friday, April 25, 2025 | ||
| 38 | 38
misc
Notice of Filing Transcript
Fri 04/25 4:49 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/15/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
|
| 37 | 37
misc
Transcript
Fri 04/25 4:48 PM
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/15/2025 before Judge Jeannette A. Vargas. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/16/2025. Redacted Transcript Deadline set for 5/27/2025. Release of Transcript Restriction set for 7/24/2025..(McGuirk, Kelly) |
|
| Thursday, April 24, 2025 | ||
| 36 | 36
motion
Discovery
Thu 04/24 7:12 PM
LETTER MOTION for Discovery Quash Ten Third Party Subpoenas addressed to Judge Jeannette A. Vargas from Robert Heim dated April 24, 2025. Document filed by Jacob Fernane, Liqueous LP, Pacific Lion LLC..(Heim, Robert) |
|
|
Att: 1
Exhibit Subpoena - Velocity Clearing,
|
||
|
Att: 2
Exhibit Subpoena - Charles Schwab & Co.,
|
||
|
Att: 3
Exhibit Subpoena - Interactive Brokers,
|
||
|
Att: 4
Exhibit Subpoena - Jeffries LLC,
|
||
|
Att: 5
Exhibit Subpoena -Merrill Lynch,
|
||
|
Att: 6
Exhibit Subpoena - National Financial,
|
||
|
Att: 7
Exhibit Subpoena - RBC Capital,
|
||
|
Att: 8
Exhibit Subpoena - Tastytrade,
|
||
|
Att: 9
Exhibit Subpoena - TD Ameritrade,
|
||
|
Att: 10
Exhibit Subpoena - UBS Financial
|
||
| Tuesday, April 22, 2025 | ||
| 35 | 35
motion
Stay
Tue 04/22 8:32 PM
LETTER MOTION to Stay Discovery addressed to Judge Jeannette A. Vargas from Robert Heim dated April 22, 2025. Document filed by Jacob Fernane, Liqueous LP, Pacific Lion LLC..(Heim, Robert) |
|
| Thursday, April 17, 2025 | ||
| 34 | 34
misc
Letter
Thu 04/17 3:19 PM
LETTER addressed to Judge Jeannette A. Vargas from Taeler K. Lanser dated April 17, 2025 re: Amending Complaint. Document filed by Merida Capital Partners III LP..(Lanser, Taeler) |
|
| Tuesday, April 15, 2025 | ||
| 33 | 33
order
Case Management Plan
Wed 04/16 10:17 AM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All patties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Fact Discovery due by 10/15/2025. Expert Discovery due by 1/15/2026. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 4 days. (Signed by Judge Jeannette A. Vargas on 4/15/2025) (rro) |
|
| 32 | 32
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Wed 04/16 10:09 AM
ORDER: On April 15, 2025, the parties appeared for an initial pretrial conference with the Court. ECF No. 14. As stated at the conference, it is HEREBY ORDERED that Defendants may file a letter motion to stay discovery by April 22, 2025. Plaintiff's opposition to the motion shall be due by April 29, 2025. Defendants' reply papers shall be due by May 2, 2025. It is FURTHER ORDERED that Plaintiff's opposition to Defendants' Motion to Compel Arbitration, ECF No. 29, shall be due by May 5, 2025. Defendants' reply papers shall be due by May 12, 2025. ( Motions due by 4/22/2025., Responses due by 5/5/2025, Replies due by 5/12/2025.) (Signed by Judge Jeannette A. Vargas on 4/15/2025) (rro) |
|
| Tuesday, April 08, 2025 | ||
| 31 | 31
misc
Proposed Case Management Plan
Tue 04/08 4:23 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| 30 | 30
misc
Letter
Tue 04/08 4:21 PM
JOINT LETTER addressed to Judge Jeannette A. Vargas from Joshua K. Bromberg and Robert G. Heim dated April 8, 2025 Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| Monday, April 07, 2025 | ||
| 29 | 29
motion
Compel Arbitration Dismiss Transfer Case Stay
Mon 04/07 7:32 PM
MOTION to Compel Arbitration AND ., MOTION to Dismiss THIS ACTION WITH PREJUDICE, OR IN THE ALTERNATIVE, (II) ., MOTION to Transfer Case TO U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA TO RULE ON DEFENDANTS' MOTION TO COMPEL ARBITRATION AND ., MOTION to Stay THIS ACTION . Document filed by Jacob Fernane, Liqueous LP, Pacific Lion LLC..(Heim, Robert) |
|
|
Att: 1
Supplement MEMORANDUM OF LAW IN SUPPORT OF MOTION,
|
||
|
Att: 2
Affidavit DECLARATION OF RICHARD HAWKINS IN SUPPORT OF DEFENDANTS JACOB FERNANE, PACFIC LION LLC AND LIQUEOUS LPS MOTION TO COMPEL ARBITRATION OR IN THE ALTERNATIVE TRANSFER VENUE TO THE SOUTHERN DISTRICT OF FLORIDA,
|
||
|
Att: 3
Exhibit EXHIBIT A - AGREEMENT (Beneficial Ownership Retention Repurchase Option),
|
||
|
Att: 4
Exhibit EXHIBIT B - AMENDMENT (Stock Repurchase Agreement Amendment)
|
||
| Monday, March 24, 2025 | ||
| 28 | 28
order
Stipulation and Order ~Util - Set Deadlines
Mon 03/24 4:35 PM
JOINT STIPULATION REGARDING DEFENDANT JACOB FERNANE'S RESPONSE TO THE COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for Plaintiff and Defendants that Mr. Fernane will respond to the Complaint (ECF Nos. 1, 11), along with Defendants Pacific Lion and Liqueous, by no later than April 7, 2025. SO ORDERED. Jacob Fernane answer due 4/7/2025. (Signed by Judge Jeannette A. Vargas on 3/24/2025) (sgz) |
|
| 27 | 27
order
Order on Motion for Extension of Time
Mon 03/24 2:20 PM
ORDER denying24 Letter Motion for Extension of Time. A party seeking a stay of discovery shall file a letter-motion pursuant to this Court's Individual Rules and Practices in Civil Cases. Any such letter-motion will be discussed at the upcoming conference. (HEREBY ORDERED by Judge Jeannette A. Vargas)(Text Only Order) (Yin-Olowu, Tammy) |
|
| 26 | 26
respm
Response in Opposition to Motion
Mon 03/24 2:08 PM
LETTER RESPONSE in Opposition to Motion addressed to Judge Jeannette A. Vargas from Joshua K. Bromberg dated March 24, 2025 re:24 FIRST LETTER MOTION for Extension of Time addressed to Judge Jeannette A. Vargas from Robert Heim dated March 20, 2025. . Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| Friday, March 21, 2025 | ||
| 25 | 25
misc
Proposed Stipulation and Order
Fri 03/21 8:33 PM
PROPOSED STIPULATION AND ORDER. Document filed by Jacob Fernane, Liqueous LP, Pacific Lion LLC..(Heim, Robert) |
|
| Thursday, March 20, 2025 | ||
| 24 | 24
motion
Extension of Time
Thu 03/20 11:06 PM
FIRST LETTER MOTION for Extension of Time addressed to Judge Jeannette A. Vargas from Robert Heim dated March 20, 2025. Document filed by Jacob Fernane, Liqueous LP, Pacific Lion LLC..(Heim, Robert) |
|
| 23 | 23
notice
Notice of Appearance
Thu 03/20 10:54 PM
NOTICE OF APPEARANCE by Robert Gerard Heim on behalf of Jacob Fernane..(Heim, Robert) |
|
| 22 | 22
misc
Letter
Thu 03/20 6:10 PM
LETTER addressed to Judge Jeannette A. Vargas from Joshua K. Bromberg dated March 20, 2025 re: Withdrawal of Request for Service by Alternative Means (ECF No. 20). Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| Tuesday, March 11, 2025 | ||
| 21 | 21
order
Order on Motion for Extension of Time to Answer
Tue 03/11 10:17 AM
ORDER granting18 Letter Motion for Extension of Time to Answer. Defendants Pacific Lion LLC and Liqueous LP's request for an extension of time to respond to the complaint is GRANTED nunc pro tunc. Defendants' response shall be filed by no later than April 7, 2025. (HEREBY ORDERED by Judge Jeannette A. Vargas)(Text Only Order) (Yin-Olowu, Tammy) |
|
| Friday, March 07, 2025 | ||
| 20 | 20
misc
Letter
Fri 03/07 3:28 PM
LETTER addressed to Judge Jeannette A. Vargas from Joshua K. Bromberg dated March 7, 2025 re: Request for alternative service for Defendant Jacob Fernane. Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| 19 | 19
3
pgs
misc
Letter
Fri 03/07 1:39 PM
LETTER addressed to Judge Jeannette A. Vargas from Joshua K. Bromberg dated March 7, 2025 re: Letter Motion for Extension of Time to File Answer (Dkt. 18). Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| Thursday, March 06, 2025 | ||
| 18 | 18
2
pgs
motion
Extension of Time to File Answer
Thu 03/06 9:29 PM
LETTER MOTION for Extension of Time to File Answer re:11 Complaint addressed to Judge Jeannette A. Vargas from Robert Heim dated March 6, 2025. Document filed by Pacific Lion LLC, Liqueous LP..(Heim, Robert) |
|
| 17 | 17
misc
Rule 7.1 Corporate Disclosure Statement
Thu 03/06 9:06 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pacific Lion LLC, Liqueous LP..(Heim, Robert) |
|
| 16 | 16
notice
Notice of Appearance
Thu 03/06 6:30 PM
NOTICE OF APPEARANCE by Robert Gerard Heim on behalf of Pacific Lion LLC, Liqueous LP..(Heim, Robert) |
|
| 15 | 15
service
Certificate of Service Other
Thu 03/06 6:12 PM
CERTIFICATE OF SERVICE of Notice of Pretrial Conference and Individual Rules and Practices served on Robert G. Heim on 3/6/2025. Service was accepted by Robert G. Heim. Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| Wednesday, February 26, 2025 | ||
| 14 | 14
3
pgs
order
Order for Initial Pretrial Conference
Wed 02/26 4:15 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties shall appear for an initial pretrial conference with the Court on April 15, 2025, at 2:30 p.m. The conference will be held in Courtroom 14C, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. Initial Conference set for 4/15/2025 at 02:30 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Jeannette A. Vargas. (Signed by Judge Jeannette A. Vargas on 2/26/2025) (sgz) |
|
| Wednesday, February 19, 2025 | ||
| 13 | 13
service
Affidavit of Service Complaints
Wed 02/19 10:00 AM
AFFIDAVIT OF SERVICE of Summons and Complaint. Pacific Lion LLC served on 2/14/2025, answer due 3/7/2025. Service was accepted by Russell Clarke. Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| Friday, February 14, 2025 | ||
| 12 | 12
service
Affidavit of Service Complaints
Fri 02/14 4:11 PM
AFFIDAVIT OF SERVICE of Summons and Complaint. Liqueous LP served on 2/13/2025, answer due 3/6/2025. Service was accepted by Alyssa Daniel's. Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| Wednesday, February 12, 2025 | ||
| 11 | 11
36
pgs
cmp
Complaint
Wed 02/12 10:03 AM
COMPLAINT against ABC Corp., Jacob Fernane, John Does 1-3, Liqueous LP, Pacific Lion LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-30605640)Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| 10 | 10
service
Summons Issued
Wed 02/12 9:59 AM
ELECTRONIC SUMMONS ISSUED as to Pacific Lion LLC. (vf) |
|
| 9 | 9
service
Summons Issued
Wed 02/12 9:58 AM
ELECTRONIC SUMMONS ISSUED as to Liqueous LP. (vf) |
|
| 8 | 8
2
pgs
service
Summons Issued
Wed 02/12 9:58 AM
ELECTRONIC SUMMONS ISSUED as to Jacob Fernane. (vf) |
|
|
misc
Notice to Attorney Regarding Deficient Pleading
Wed 02/12 9:42 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joshua Kallman Bromberg to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was 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. (vf) |
||
|
misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Wed 02/12 9:43 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua Kallman Bromberg. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331sv Fed. Question: Securities Violation; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:78m(a) Securities Exchange Act; the County code has been modified to Westchester. (vf) |
||
|
notice
Case Opening Initial Assignment Notice
Wed 02/12 9:45 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jeannette A. Vargas. 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] ..(vf) |
||
|
utility
Case Designation
Wed 02/12 9:45 AM
Magistrate Judge Sarah Netburn 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] . (vf) |
||
|
utility
Case Designated ECF
Wed 02/12 9:45 AM
Case Designated ECF. (vf) |
||
| Tuesday, February 11, 2025 | ||
| 7 | 7
notice
Notice of Appearance
Tue 02/11 6:34 PM
NOTICE OF APPEARANCE by Taeler K. Lanser on behalf of Merida Capital Partners III LP..(Lanser, Taeler) |
|
| 6 | 6
misc
Rule 7.1 Corporate Disclosure Statement
Tue 02/11 6:32 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| 5 | 5
service
Request for Issuance of Summons
Tue 02/11 5:55 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Pacific Lion LLC, re:1 Complaint. Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| 4 | 4
service
Request for Issuance of Summons
Tue 02/11 5:54 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Liqueous LP, re:1 Complaint. Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| 3 | 3
service
Request for Issuance of Summons
Tue 02/11 5:52 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Jacob Fernane, re:1 Complaint. Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|
| 2 | 2
misc
Civil Cover Sheet
Tue 02/11 5:50 PM
CIVIL COVER SHEET filed..(Bromberg, Joshua) |
|
| 1 | 1
36
pgs
cmp
Complaint
Tue 02/11 5:49 PM
COMPLAINT against All Defendants. (Filing Fee $ 405.00, Receipt Number ANYSDC-30602987)Document filed by Merida Capital Partners III LP..(Bromberg, Joshua) |
|