Pacer update 22 May 15 - LG Capital Funding, LLC v. One World Holdings, Inc. CIVIL DOCKET FOR CASE #: 1:15-cv-00698-SJ-JO
https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl
U.S. District Court
Eastern District of New York (Brooklyn)
CIVIL DOCKET FOR CASE #: 1:15-cv-00698-SJ-JO
LG Capital Funding, LLC v. One World Holdings, Inc.
Assigned to: Judge Sterling Johnson, Jr
Referred to: Magistrate Judge James Orenstein
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 02/11/2015
Jury Demand: None
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity
Plaintiff
LG Capital Funding, LLC
represented by Michael Myer Steinmetz
Garson Segal Steinmetz Fladgate LLP
164 West 25th Street Suite 11r
New York, NY 10001
212-380-3623
Fax: 347-537-4540
Email: ms@gs2law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
One World Holdings, Inc.
represented by Marc Jonas Block
JSBarkats PLLC
18 East 41st Street
14th Floor
New York, NY 10017
646-502-7001
Fax: 646-607-5544
Email: mblock@jsbarkats.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
05/22/2015 27 REPLY in Opposition to Defendant's objections to Plaintiff's Request for Relief filed by LG Capital Funding, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declaration of Eli Alan Safdieh, # 4 Exhibit A to Declaration, # 5 Exhibit B to Declaration) (Steinmetz, Michael) (Entered: 05/22/2015)
05/15/2015 26 MEMORANDUM in Opposition re 16 MOTION for Default Judgment submitted pursuant to the direction of Magistrate Judge James Orenstein (ECF Docket Entry No. 23), objecting to the requests for relief in the application of plaintiff for default judgment filed by All Defendants. (Block, Marc) (Entered: 05/15/2015)
05/15/2015 25 AFFIDAVIT/DECLARATION in Opposition re 16 MOTION for Default Judgment submitted pursuant to the direction of Magistrate Judge James Orenstein (ECF Docket Entry No. 23), objecting to the requests for relief in the application of plaintiff for default judgment filed by All Defendants. (Attachments: # 1 Exhibit Exhibit A - Note 1, # 2 Exhibit Exhibit B - Note 2, # 3 Exhibit Exhibit C - Note 3, # 4 Exhibit Exhibit D - LG's Damage Claims, dated May 8, 2015, # 5 Exhibit Exhibit E - Notice of Conversion, # 6 Exhibit Exhibit F - E-Mail 5.15.2015) (Block, Marc) (Entered: 05/15/2015)
05/08/2015 24 EXHIBIT revised calculation of interest by LG Capital Funding, LLC. (Steinmetz, Michael) (Entered: 05/08/2015)
05/07/2015 23 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Motion Hearing held on 5/7/2015 re 16 MOTION for Default Judgment filed by LG Capital Funding, LLC, 20 First MOTION to Vacate filed by One World Holdings, Inc. (1) After hearing the arguments of counsel, and for the reasons set forth on the record, I concluded that the defendant failed to demonstrate either that its default was not willful or that it has a meritorious defense to the plaintiff's claims. I therefore denied the motion to vacate default. (2) The plaintiff called no witnesses on the issue of damages, but will submit a revised calculation of interest by May 8, 2015. The defendant will submit its objections to the requests for relief in the plaintiff's motion for default judgment by May 15, 2015; and the plaintiff will reply by May 22, 2015. (Orenstein, James) (Entered: 05/07/2015)
05/06/2015 22 MEMORANDUM in Opposition re 20 First MOTION to Vacate 3 Unsigned Order to Show Cause, 16 MOTION for Default Judgment , 1 Complaint, 10 Preliminary Injunction, 15 Clerk's Entry of Default, 13 First MOTION for Order to Show Cause finding Defendant in c filed by LG Capital Funding, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Steinmetz, Michael) (Entered: 05/06/2015)
05/06/2015 ORDER REFERRING MOTION: 20 First MOTION to Vacate 3 Unsigned Order to Show Cause, 16 MOTION for Default Judgment, 1 Complaint, 10 Preliminary Injunction, 15 Clerk's Entry of Default, 13 First MOTION for Order to Show Cause finding Defendant in c filed by One World Holdings, Inc, for report & recommendation. Ordered by Judge Sterling Johnson, Jr on 5/6/2015. Motions referred to James Orenstein. (Rodriguez, Ana) (Entered: 05/06/2015)
05/06/2015 ORDER denying 21 Motion to Adjourn Conference -- The request is denied, but I will expect the parties to be prepared to discuss the motion to vacate at the hearing before proceeding to any presentation of evidence of damages; if the parties agree, I will adjourn the damages inquiry (but not the discussion of the motion to vacate) to a later date. Ordered by Magistrate Judge James Orenstein on 5/6/2015. (Hill, Lucy) (Entered: 05/06/2015)
05/06/2015 21 First MOTION to Adjourn Conference currently scheduled for May 7, 2015 at 3pm before Magistrate Judge Orenstein by One World Holdings, Inc.. (Block, Marc) (Entered: 05/06/2015)
05/05/2015 20 First MOTION to Vacate 3 Unsigned Order to Show Cause, 16 MOTION for Default Judgment , 1 Complaint, 10 Preliminary Injunction, 15 Clerk's Entry of Default, 13 First MOTION for Order to Show Cause finding Defendant in contempt, 8 Order to Show Cause, 7 Unsigned Order to Show Cause by One World Holdings, Inc.. (Attachments: # 1 Affidavit in Support Declaration of Corinda Joanne Melton in Support of Defendant's Motion to Vacate Default, # 2 Exhibit Exhibit A - FedEx Receipt, # 3 Exhibit Exhibit B - Travel documentation, # 4 Exhibit Exhibit C - Complaint without attachments, # 5 Exhibit Exhibit D - E-Mail 12.23.2014, # 6 Exhibit Exhibit E - Controls Log, # 7 Exhibit Exhibit F - Information Statement, # 8 Exhibit Exhibit G - Board Consent, # 9 Memorandum in Support Memorandum of Law in Support of Motion to Vacate Default) (Block, Marc) (Entered: 05/05/2015)
05/01/2015 19 EXHIBIT A-G by LG Capital Funding, LLC., Exhibit List by LG Capital Funding, LLC., Witness List by LG Capital Funding, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Witness List) (Steinmetz, Michael) (Entered: 05/01/2015)
04/09/2015 18 DECLARATION re 17 Scheduling Order,,,,,,, regarding service of order upon Defendant by LG Capital Funding, LLC (Steinmetz, Michael) (Entered: 04/09/2015)
04/06/2015 MOTIONS REFERRED: 13 First MOTION for Order to Show Cause finding Defendant in contempt referred to Magistrate Judge James Orenstein. (Rodriguez, Ana) (Entered: 04/06/2015)
04/06/2015 ORDER ORDER REFERRING MOTION: 16 MOTION for Default Judgment filed by LG Capital Funding, LLC referred to James Orenstein for Report & Recommendation. Ordered by Judge Sterling Johnson, Jr on 4/6/2015. (Rodriguez, Ana) (Entered: 04/06/2015)
04/02/2015 17 SCHEDULING ORDER: A hearing to determine the amount of damages and attorneys' fees, if any, that should be awarded on the basis of the defendant's default will be held before me at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York, on May 7, 2015 at 3:30 p.m. The plaintiff is directed to submit any written materials in support of its request for damages and attorneys' fees, including any affidavits, exhibits, or memoranda of law that the plaintiff wishes me to consider, no later than April 23, 2015, with copies simultaneously provided to the defendant. If the plaintiff wishes to present witnesses in support of its motion, it must also provide a list of all such witnesses. The defendant's default is without prejudice to its right to contest damages at an inquest. If it wishes to do so, it must respond to the plaintiff's motion, including all written materials, and provide a list of all witnesses who will testify at an inquest, no later than April 30, 2015. This will be the parties' final opportunity to present argument or evidence to me in support of any request for relief; if the evidence in the record by that deadline fails to establish either liability or any component of the plaintiff's request for relief, I will recommend that the court deny the corresponding portion of the motion rather than allow the plaintiff to cure the defect by filing supplemental proof. Each party is responsible for arranging, at its own expense, the assistance of a court-certified interpreter for any inquest witness it will present who cannot testify in English. The plaintiff is directed to serve a copy of this order on the defendant and to electronically file proof of such service no later than April 9, 2015. Ordered by Magistrate Judge James Orenstein on 4/2/2015. (Hill, Lucy) (Entered: 04/02/2015)
04/01/2015 16 MOTION for Default Judgment by LG Capital Funding, LLC. Responses due by 4/10/2015 (Attachments: # 1 Declaration, # 2 Exhibit A to Declaration, # 3 Exhibit B to Declaration, # 4 Exhibit C to declaration, # 5 Exhibit D to Declaration, # 6 Exhibit E to Declaration, # 7 Exhibit F to Declaration, # 8 Exhibit G to Declaration, # 9 Exhibit H to Declaration, # 10 Affidavit of Service, # 11 Proposed Order) (Steinmetz, Michael) (Entered: 04/01/2015)
03/27/2015 Minute Entry for proceedings held before Judge Sterling Johnson, Jr: Case called. Plaintiff's counsel Michael Steinmetz appearing. Status Conference held on 3/27/2015. Plaintiff is directed to file a Motion for Default Judgement by 4/1/2015. Once filed, the court will refer to the magistrate. (Court Reporter Victoria Torres-Butler.) (Rodriguez, Ana) (Entered: 03/27/2015)
03/26/2015 15 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant One World Holdings, Inc. has failed to appear or otherwise defend this action, the default of Defendant One World Holdings, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet) (Entered: 03/26/2015)
03/24/2015 14 Request for Certificate of Default by LG Capital Funding, LLC (Attachments: # 1 Proposed Order Proposed Certificate, # 2 Affidavit in Support, # 3 Exhibit A to Affirmation) (Steinmetz, Michael) (Entered: 03/24/2015)
03/23/2015 13 First MOTION for Order to Show Cause finding Defendant in contempt by LG Capital Funding, LLC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A to Memoradum, # 3 Exhibit B to Memoradum, # 4 Exhibit C to Memoradum, # 5 Declaration, # 6 Exhibit A to Declaration, # 7 Exhibit B to Declaration, # 8 Exhibit C to Declaration) (Steinmetz, Michael) (Entered: 03/23/2015)
03/10/2015 Set/Reset Hearings: Status Conference set for 3/27/2015 at 9:30 AM in Courtroom 6B South before Judge Sterling Johnson Jr. (Figeroux, Davina) (Entered: 03/10/2015)
03/04/2015 12 AFFIDAVIT of Service for Order Entering Preliminary Injunction served on Charley Echiverri, Executive Assistant on 2/26/2015, filed by LG Capital Funding, LLC. (Steinmetz, Michael) (Entered: 03/04/2015)
03/04/2015 11 SUMMONS Returned Executed by LG Capital Funding, LLC. One World Holdings, Inc. served on 2/26/2015, answer due 3/19/2015. (Steinmetz, Michael) (Entered: 03/04/2015)
02/25/2015 Minute Entry for proceedings held before Judge Sterling Johnson, Jr: Plaintiff's counsel present. Show Cause Hearing held on 2/25/2015. Oral argument heard. Decision reserved. (Court Reporter Lisa Schmid.) (Rodriguez, Ana) (Entered: 03/02/2015)
02/25/2015 10 PRELIMINARY INJUNCTION. Defendant is ordered to hold in escrow 3,707,681 shares of its common stock. Plaintiff is directed to perfect service and file proof of same with the Court forthwith. SEE ATTACHED. Ordered by Judge Sterling Johnson, Jr on 2/25/2015. (Figeroux, Davina) (Entered: 02/25/2015)
02/23/2015 9 REPLY in Support re 8 Order to Show Cause, filed by LG Capital Funding, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (Steinmetz, Michael) (Entered: 02/23/2015)
02/12/2015 8 ORDER TO SHOW CAUSE re 4 Memorandum in Support filed by LG Capital Funding, LLC. Show Cause Hearing set for 2/25/2015 at 9:30 AM in Courtroom 6B South before Judge Sterling Johnson Jr. Show Cause Response due by 2/19/2015. Reply due 2/23/2015. Both filings due at noon. See attached. Defendant to be served in a manner consistent with this order. Ordered by Judge Sterling Johnson, Jr on 2/12/2015. (Figeroux, Davina) (Entered: 02/12/2015)
02/11/2015 7 Unsigned Order to Show Cause by LG Capital Funding, LLC (Steinmetz, Michael) (Entered: 02/11/2015)
02/11/2015 6 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 02/11/2015)
02/11/2015 5 DECLARATION of Joseph Lerman ( Exhibits filed in hard copy and will subsequently be available on ECF) by LG Capital Funding, LLC. (Davis, Kimberly) (Additional attachment(s) added on 2/13/2015: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (Davis, Kimberly). (Entered: 02/11/2015)
02/11/2015 4 MEMORANDUM in Support of Motions for a preliminary injunction ( Exhibits filed in hard copy and will subsequently be available on ECF). filed by LG Capital Funding, LLC. (Davis, Kimberly) (Additional attachment(s) added on 2/13/2015: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Davis, Kimberly). (Entered: 02/11/2015)
02/11/2015 3 Unsigned Order to Show Cause by LG Capital Funding, LLC (Davis, Kimberly) (Entered: 02/11/2015)
02/11/2015 2 Summons Issued as to One World Holdings, Inc.. (Davis, Kimberly) (Entered: 02/11/2015)
02/11/2015 FILING FEE: $ 400, receipt number 4653084403 (Davis, Kimberly) (Entered: 02/11/2015)
02/11/2015 1 COMPLAINT against One World Holdings, Inc., filed by LG Capital Funding, LLC. (Attachments: # 1 Civil Cover Sheet) Exhibits filed in hard copy and will subsequently be available on ECF. (Davis, Kimberly) (Additional attachment(s) added on 2/11/2015: # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H) (Davis, Kimberly). (Entered: 02/11/2015)
https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl
SEE ALSO - https://www.pacermonitor.com/public/case/6909418/LG_Capital_Funding,_LLC_v_One_World_Holdings,_Inc
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