Hurwitz v. Fifth Street Finance Corp. et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:15-cv-08908
District Judge Lewis A. Kaplan, presiding
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District Judge Lewis A. Kaplan
Last Updated December 23, 2016 at 11:07 PM EST (9.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo David Watson, Plaintiff

Represented by Suite 3100

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED A. Arnold Gershon +1 212 688 0782 +1 212 688 0783 agershon@barrack.com
No Logo Robert J. Hurwitz, Plaintiff

Represented by Pomerantz LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED J Alexander Hood, III +1 212 661 1100 +1 212 661 8665 ahood@pomlaw.com
ATTORNEY TO BE NOTICED Jeremy A. Lieberman +1 212 661 1100 +1 212 661 8665 jalieberman@pomlaw.com
No Logo Thomas Manter, Plaintiff

Represented by Suite 3100

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED A. Arnold Gershon +1 212 688 0782 +1 212 688 0783 agershon@barrack.com
v.
No Logo Alexander C. Frank, Defendant

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan E. Richman +1 212 969 3448 +1 212 969 2900 jerichman@proskauer.com

Represented by Suite 600

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Ralph Carmine Ferrara +1 202 416 5820 +1 202 416 6899 rferrara@proskauer.com
No Logo Bernard D. Berman, Defendant

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan E. Richman +1 212 969 3448 +1 212 969 2900 jerichman@proskauer.com

Represented by Suite 600

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Ralph Carmine Ferrara +1 202 416 5820 +1 202 416 6899 rferrara@proskauer.com
No Logo Fifth Street Asset Management, Inc., Defendant

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan E. Richman +1 212 969 3448 +1 212 969 2900 jerichman@proskauer.com

Represented by Suite 600

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Ralph Carmine Ferrara +1 202 416 5820 +1 202 416 6899 rferrara@proskauer.com
No Logo Fifth Street Finance Corp, Defendant
Officer/Director, Impel Neuropharma Inc.

Represented by O'Melveny & Myers LLP

Name Phone Fax E-Mail
LEAD ATTORNEY ALLEN W. BURTON +1 212 326 2282 +1 212 326 2061 aburton@omm.com
ATTORNEY TO BE NOTICED Ross Bradley Galin +1 212 701 5707 rgalin@omm.com
No Logo Ivelin M. Dimitrov, Defendant

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan E. Richman +1 212 969 3448 +1 212 969 2900 jerichman@proskauer.com

Represented by Suite 600

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Ralph Carmine Ferrara +1 202 416 5820 +1 202 416 6899 rferrara@proskauer.com
No Logo Leonard M. Tannenbaum, Defendant

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan E. Richman +1 212 969 3448 +1 212 969 2900 jerichman@proskauer.com

Represented by Suite 600

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Ralph Carmine Ferrara +1 202 416 5820 +1 202 416 6899 rferrara@proskauer.com
No Logo Richard A. Petrocelli, Defendant

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan E. Richman +1 212 969 3448 +1 212 969 2900 jerichman@proskauer.com

Represented by Suite 600

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Ralph Carmine Ferrara +1 202 416 5820 +1 202 416 6899 rferrara@proskauer.com
No Logo Todd G. Owens, Defendant

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan E. Richman +1 212 969 3448 +1 212 969 2900 jerichman@proskauer.com

Represented by Suite 600

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Ralph Carmine Ferrara +1 202 416 5820 +1 202 416 6899 rferrara@proskauer.com
Other Parties
No Logo Oklahoma Police Pension and Retirement System, Lead Plaintiff

Represented by Labaton Sucharow, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Joel H. Bernstein +1 212 907 0700 +1 212 818 0477 jbernstein@labaton.com
Attributes
Citation Unknown
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Timeline
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Legal Document (Payment Possibly Required) 35 Filed: 9/26/2016, Entered: None Unknown Document TypeCourt Filing
ORDER denying without prejudice (86) Motion to Dismiss in case 1:15-cv-07759-LAK (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) Filed In Associated Cases: 1:15-cv-07759-LAK, 1:15-cv-08908-LAK, 1:16-cv-00088-LAK (Kaplan, Lewis) (Entered: 09/26/2016)
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Legal Document (Payment Possibly Required) 34 Filed: 7/11/2016, Entered: None Unknown Document TypeCourt Filing
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND, SUBJECT TO APPROVAL OF THE COURT, ORDERED AS FOLLOWS: 1. All operative deadlines in the Court's April 8, 2016 Order shall be extended by 90 days. 2. Should any of those deadlines (as extended) fall on a Saturday, Sunday, or legal holiday, the period will continue to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. 3. Pursuant to section 21D(b)(3)(B) of the PSLRA, all discovery pursuant to the Federal Rules of Civil Procedure remains stayed during the period described above. (Signed by Judge Lewis A. Kaplan on 7/11/2016) Filed In Associated Cases: 1:15-cv-07759-LAK, 1:15-cv-08908-LAK, 1:16-cv-00088-LAK, as per Chambers. (mro) Modified on 7/11/2016 (mro). (Entered: 07/11/2016)
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Legal Document (Payment Possibly Required) 33 Filed: 4/8/2016, Entered: None Unknown Document TypeCourt Filing
STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND, SUBJECT TO APPROVAL OF THE COURT, ORDERED AS FOLLOWS: The above-captioned actions are hereby consolidated for all purposes under Case No. 1:15-cv-07759 (LAK) (the "Consolidated Action"). Every pleading filed in the Consolidated Action, or in any separate action included in the Consolidated Action, shall bear the caption as set forth herein. This Stipulation and Order shall apply to each case subsequently filed in, removed to, or transferred to this Court arising out of transactions and/or events that are the same as or similar to those in the Consolidated Action. When a case that properly belongs as part of the Consolidated Action is hereafter filed in, removed to, or transferred to this Court, counsel for the parties shall call such filing, removal, or transfer to the attention of the Clerk of this Court for purposes of moving the Court for an order consolidating such case(s) with the Consolidated Action. Counsel for the pa1ties will further assist in assuring that counsel for the parties in such subsequent action(s) receive notice of any such order. Defendants will respond to the consolidated complaint, or to any original complaint so designated by lead plaintiff, within 60 days after such filing or designation. If defendants move to dismiss the consolidated complaint or a designated original complaint, lead plaintiff will respond to that motion within 60 days. Defendants may reply to lead plaintiff's opposition within 45 days. Pursuant to section 21D(b)(3)(B) of the PSLRA, all discovery is stayed during the period described above. (Signed by Judge Lewis A. Kaplan on 4/7/2016) Filed In Associated Cases: 1:15-cv-07759-LAK, 1:15-cv-08908-LAK, 1:16-cv-00088-LAK(mro) (Entered: 04/08/2016)
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Legal Document (Payment Possibly Required) 32 Filed: 4/1/2016, Entered: None Unknown Document Type
AMENDED COMPLAINT amending 1 Complaint, against Bernard D. Berman, Ivelin M. Dimitrov, Fifth Street Asset Management, Inc., Fifth Street Finance Corp., Alexander C. Frank, Todd G. Owens, Richard A. Petrocelli, Leonard M. Tannenbaum with JURY DEMAND.Document filed by Oklahoma Police Pension and Retirement System. Related document: 1 Complaint, filed by Robert J. Hurwitz.(Bernstein, Joel) (Entered: 04/01/2016)
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Legal Document (Payment Possibly Required) 31 Filed: 2/1/2016, Entered: None Unknown Document TypeCourt Filing
MEMORANDUM AND ORDER WITH RESPECT TO SELECTION OF LEAD PLAINTIFF AND LEAD COUNSEL denying [53 in 15-cv-7759] Motion to Appoint Joseph Sacco and Arthur Stein as Lead Plaintiff(s); denying [56 in 15-cv-7759] Motion to Consolidate Cases; granting in part and denying in part [56 in 15-cv-7759] Motion to Appoint Oklahoma Police Pension and Retirement System as Lead Plaintiff(s); granting in part and denying in part [56 in 15-cv-7759] Motion to Appoint Labaton Sucharow as Lead Counsel. OPPRS's motion [DI 56] is granted to the extent that (1) OPPRS is appointed lead plaintiff, and (2) OPPRS's selection of Labaton Sucharow as lead counsel is approved. OPPRS's motion is denied in all other respects. Sacco and Stein's motion [DI 53] is denied. (Signed by Judge Lewis A. Kaplan on 2/1/2016) (adc) (Entered: 02/01/2016)
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Legal Document (Payment Possibly Required) 30 Filed: 12/21/2015, Entered: None Unknown Document TypeCourt Filing
MEMO ENDORSEMENT denying 50 Motion to Appoint in 15cv7759; denying 50 Motion to Appoint Counsel in 15cv7759; denying 50 Letter Motion to Consolidate Cases in 15cv7759. ENDORSEMENT: Denied. (Signed by Judge Lewis A. Kaplan on 12/21/2015) (mro) (Entered: 12/21/2015)
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Legal Document (Payment Possibly Required) 29 Filed: 12/21/2015, Entered: None Unknown Document TypeCourt Filing
MEMO ENDORSEMENT denying 41 Letter Motion to Consolidate Cases in 15-cv-7759; denying 41 Motion to Appoint in 15-cv-7759; denying 41 Motion to Appoint Counsel in 15-cv-7759. ENDORSEMENT: Denied. (Signed by Judge Lewis A. Kaplan on 12/21/2015) (mro) (Entered: 12/21/2015)
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Legal Document (Payment Possibly Required) 28 Filed: 11/30/2015, Entered: None Unknown Document Type
DECLARATION of A. Arnold Gershon in Support re: 26 MOTION to Consolidate Cases 15-cv-7759; 15-cv-8908 . MOTION to Appoint Thomas Manter and David Watson to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Thomas Manter, David Watson. (Attachments: # 1 Exhibit Certifications, # 2 Exhibit Loss Charts, # 3 Exhibit Notice, # 4 Exhibit Firm Biography)(Gershon, A.) (Entered: 11/30/2015)
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Legal Document (Payment Possibly Required) 27 Filed: 11/30/2015, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 26 MOTION to Consolidate Cases 15-cv-7759; 15-cv-8908 . MOTION to Appoint Thomas Manter and David Watson to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Thomas Manter, David Watson. (Gershon, A.) (Entered: 11/30/2015)
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Legal Document (Payment Possibly Required) 26 Filed: 11/30/2015, Entered: None Unknown Document Type
MOTION to Consolidate Cases 15-cv-7759; 15-cv-8908 ., MOTION to Appoint Thomas Manter and David Watson to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Thomas Manter, David Watson. (Attachments: # 1 Proposed Order)(Gershon, A.) (Entered: 11/30/2015)
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Legal Document (Payment Possibly Required) 25 Filed: 11/23/2015, Entered: None Unknown Document TypeCourt Filing
STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND, SUBJECT TO APPROVAL OF THE COURT, ORDERED AS FOLLOWS: 1. Defendants need not respond to the Complaint filed in the above-captioned action until after the Court appoints lead plaintiff and lead counsel pursuant to the PSLRA in the Randall case and all other related or consolidated actions in this Court. 2. Within 10 days after the Court appoints lead plaintiff and lead counsel, lead counsel and defendants' counsel will submit a joint proposed schedule for the filing of an amended complaint (if any) and for defendants' response to the amended complaint (or to the pending complaint if an amended complaint is not filed). 3. Defendants hereby waive service of process pursuant to the provisions of Fed. R. Civ. P. 4(d). (Signed by Judge Lewis A. Kaplan on 11/23/2015) (mro) (Entered: 11/23/2015)
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Legal Document (Payment Possibly Required) 24 Filed: 11/20/2015, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Ross Bradley Galin on behalf of Fifth Street Finance Corp.. (Galin, Ross) (Entered: 11/20/2015)
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Legal Document (Payment Possibly Required) 23 Filed: 11/20/2015, Entered: None Unknown Document Type
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fifth Street Finance Corp..(Burton, Allen) (Entered: 11/20/2015)
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Legal Document (Payment Possibly Required) 22 Filed: 11/20/2015, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Allen W. Burton on behalf of Fifth Street Finance Corp.. (Burton, Allen) (Entered: 11/20/2015)
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Legal Document (Payment Possibly Required) 21 Filed: 11/19/2015, Entered: None Unknown Document Type
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fifth Street Asset Management, Inc..(Richman, Jonathan) (Entered: 11/19/2015)
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Legal Document (Payment Possibly Required) 20 Filed: 11/19/2015, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Jonathan E. Richman on behalf of Bernard D. Berman, Ivelin M. Dimitrov, Fifth Street Asset Management, Inc., Alexander C. Frank, Todd G. Owens, Richard A. Petrocelli, Leonard M. Tannenbaum. (Richman, Jonathan) (Entered: 11/19/2015)
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Legal Document (Payment Possibly Required) 19 Filed: 11/19/2015, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Ralph Carmine Ferrara on behalf of Bernard D. Berman, Ivelin M. Dimitrov, Fifth Street Asset Management, Inc., Alexander C. Frank, Todd G. Owens, Richard A. Petrocelli, Leonard M. Tannenbaum. (Ferrara, Ralph) (Entered: 11/19/2015)
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Legal Document (Payment Possibly Required) 18 Filed: 11/16/2015, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Joseph Alexander Hood, II on behalf of Robert J. Hurwitz. (Hood, Joseph) (Entered: 11/16/2015)
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Legal Document (Payment Possibly Required) 17 Filed: 11/13/2015, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Alexander C. Frank. (pc) (Entered: 11/13/2015)
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Legal Document (Payment Possibly Required) 16 Filed: 11/13/2015, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Todd G. Owens. (pc) (Entered: 11/13/2015)
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Legal Document (Payment Possibly Required) 15 Filed: 11/13/2015, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Ivelin M. Dimitrov. (pc) (Entered: 11/13/2015)
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Legal Document (Payment Possibly Required) 14 Filed: 11/13/2015, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Richard A. Petrocelli. (pc) (Entered: 11/13/2015)
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Legal Document (Payment Possibly Required) 13 Filed: 11/13/2015, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Bernard D. Berman. (pc) (Entered: 11/13/2015)
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Legal Document (Payment Possibly Required) 12 Filed: 11/13/2015, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Leonard M. Tannenbaum. (pc) (Entered: 11/13/2015)
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Legal Document (Payment Possibly Required) 11 Filed: 11/13/2015, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Fifth Street Asset Management, Inc., Fifth Street Finance Corp.. (pc) (Entered: 11/13/2015)
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Legal Document (Payment Possibly Required) 10 Filed: 11/12/2015, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Richard A. Petrocelli, re: 1 Complaint,. Document filed by Robert J. Hurwitz. (Lieberman, Jeremy) (Entered: 11/12/2015)
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Legal Document (Payment Possibly Required) 9 Filed: 11/12/2015, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Ivelin M. Dimitrov, re: 1 Complaint,. Document filed by Robert J. Hurwitz. (Lieberman, Jeremy) (Entered: 11/12/2015)
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Legal Document (Payment Possibly Required) 8 Filed: 11/12/2015, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Todd G. Owens, re: 1 Complaint,. Document filed by Robert J. Hurwitz. (Lieberman, Jeremy) (Entered: 11/12/2015)
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Legal Document (Payment Possibly Required) 7 Filed: 11/12/2015, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Alexander C. Frank, re: 1 Complaint,. Document filed by Robert J. Hurwitz. (Lieberman, Jeremy) (Entered: 11/12/2015)
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Legal Document (Payment Possibly Required) 6 Filed: 11/12/2015, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Bernard D. Berman, re: 1 Complaint,. Document filed by Robert J. Hurwitz. (Lieberman, Jeremy) (Entered: 11/12/2015)
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Legal Document (Payment Possibly Required) 5 Filed: 11/12/2015, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Leonard M. Tannenbaum, re: 1 Complaint,. Document filed by Robert J. Hurwitz. (Lieberman, Jeremy) (Entered: 11/12/2015)
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Legal Document (Payment Possibly Required) 4 Filed: 11/12/2015, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Fifth Street Finance Corp. and Fifth Street Asset Management, Inc., re: 1 Complaint,. Document filed by Robert J. Hurwitz. (Lieberman, Jeremy) (Entered: 11/12/2015)
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Legal Document (Payment Possibly Required) 3 Filed: 11/12/2015, Entered: None Unknown Document Type
STATEMENT OF RELATEDNESS re: that this action be filed as related to 15-cv-07759. Document filed by Robert J. Hurwitz.(Lieberman, Jeremy) (Entered: 11/12/2015)
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Legal Document (Payment Possibly Required) 2 Filed: 11/12/2015, Entered: None Unknown Document Type
CIVIL COVER SHEET filed. (Lieberman, Jeremy) (Entered: 11/12/2015)
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Blank 1 Filed: 11/12/2015, Entered: None Unknown Document Type
COMPLAINT against Bernard D. Berman, Ivelin M. Dimitrov, Fifth Street Asset Management, Inc., Fifth Street Finance Corp., Alexander C. Frank, Todd G. Owens, Richard A. Petrocelli, Leonard M. Tannenbaum. (Filing Fee $ 400.00, Receipt Number 0208-11619651)Document filed by Robert J. Hurwitz.(Lieberman, Jeremy) (Entered: 11/12/2015)
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