XL Specialty Insurance Company v. Hallac et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:17-cv-02867
District Judge Jed S. Rakoff, presiding
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District Judge Jed S. Rakoff
Last Updated August 9, 2017 at 12:02 AM EDT (7.9 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo XL Specialty Insurance Company, Plaintiff

Represented by Boundas, Skarzynski, Walsh & Black LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael Bradford Chester +1 212 820 7750
v.
No Logo Albert Hallac, Defendant

Represented by Gusrae, Kaplan, Bruno & Nusbaum, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Joseph Christopher Albanese +1 212 269 1400 +1 212 809 5449

Represented by Holwell Shuster & Goldberg LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Daniel Peter Goldberg +1 646 837 5151 +1 646 837 5150 dgoldberg@hsgllp.com
No Logo Jeffrey Hallac, Defendant

Represented by Holwell Shuster & Goldberg LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Daniel Peter Goldberg +1 646 837 5151 +1 646 837 5150 dgoldberg@hsgllp.com
No Logo Keith Wellner, Defendant

Represented by Holwell Shuster & Goldberg LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Eileen Monaghan Delucia +1 646 837 5151 +1 646 837 5150 edelucia@hsgllp.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Daniel Peter Goldberg +1 646 837 5151 +1 646 837 5150 dgoldberg@hsgllp.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Zachary Adam Kerner +1 646 837 5164 +1 646 837 5150 zkerner@hsgllp.com
No Logo Weston Capital Asset Management, LLC, Defendant

Represented by Holwell Shuster & Goldberg LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Daniel Peter Goldberg +1 646 837 5151 +1 646 837 5150 dgoldberg@hsgllp.com
No Logo Weston Capital Management LLC, Defendant

Represented by Holwell Shuster & Goldberg LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Daniel Peter Goldberg +1 646 837 5151 +1 646 837 5150 dgoldberg@hsgllp.com

Represented by Sims Moss Kline & Davis Llp

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael P. Gilmore +1 516 739 9009 mpgilmore@mossgilmorelaw.com
No Logo Weston Financial Services LLC, Defendant

Represented by Holwell Shuster & Goldberg LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Daniel Peter Goldberg +1 646 837 5151 +1 646 837 5150 dgoldberg@hsgllp.com
Other Parties
No Logo Wimbledon Financing Master Fund Ltd., Intervenor Defendant

Represented by Davis Polk & Wardwell, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Carrie Hill Lebigre +1 212 333 0266 +1 212 235 0301 clebigre@kaplanrice.com

Represented by Kaplan Rice Llp

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Howard Jay Kaplan +1 212 333 0219 +1 212 333 2350 hkaplan@kaplanrice.com
ATTORNEY TO BE NOTICED Joseph Andrew Matteo +1 212 333 0200 +1 212 333 2350 jmatteo@kaplanrice.com
ATTORNEY TO BE NOTICED Michelle Amy Rice +1 212 333 0227 mrice@kaplanrice.com
Attributes
Citation Section 28 U.S.C. § 1335
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Timeline
  Entries (105) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 105 Filed: 8/2/2017, Entered: None Unknown Document TypeCourt Filing
ORDER AUTHORIZING INTERPLEADER DEPOSIT AND PRELIMINARY INJUNCTION (28 U.S.C. §§ 1335 and 2361) granting 55 Motion for Interpleader Deposit (28 U.S.C. Section 1335). Authorized deposit in the amount of $799,759.11; granting 55 Motion for Preliminary Injunction. IT IS SO ORDERED that XL's motion to deposit the Stake is GRANTED; and it is further ORDERED that XL's request for a preliminary injunction is partly GRANTED; and it is further ORDERED that XL deposit by wire transfer the amount of $799,759.11 into the Registry of the Court by no later than August 8, 2017; and it is further ORDERED that the Clerk of the Court accept and deposit the amount of $799,759.11 into the Disputed Ownership Fund (DOF) in the Court Registry Investment System (CRIS) in an interest bearing account pending further order of the Court; and it is further ORDERED that in all other respects the Stake, including all interest earned thereon up to and including the date of withdrawal, shall be held pending further order of the Court, and it is further ORDERED that XL shall serve a copy of this order on the Clerk and the Financial Deputy of this Court pursuant to Local Civil Rule 67.1, and it is further ORDERED that pursuant to 28 U.S.C. §2361, all claimants to the State are ENJOINED from instituting or prosecuting any proceeding in any State or United States Court that encumbers the ability of this Court to determine to whom the Stake should be awarded and dispose of it accordingly. So Ordered. (Signed by Judge Jed S. Rakoff on 8/1/17) (yv) (Entered: 08/02/2017)
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Legal Document (Payment Possibly Required) 104 Filed: 7/28/2017, Entered: None Unknown Document Type
RESPONSE in Support of Motion re: 55 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) MOTION for Preliminary Injunction . . Document filed by XL Specialty Insurance Company. (Attachments: # 1 Certificate of Service)(Chester, Michael) (Entered: 07/28/2017)
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Legal Document (Payment Possibly Required) 103 Filed: 7/28/2017, Entered: None Unknown Document Type
REPLY to Response to Motion re: 55 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) MOTION for Preliminary Injunction . . Document filed by Wimbledon Financing Master Fund, Ltd.. (Attachments: # 1 Exhibit 1)(Matteo, Joseph) (Entered: 07/28/2017)
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Legal Document (Payment Possibly Required) 102 Filed: 7/26/2017, Entered: None Unknown Document Type
RESPONSE in Support of Motion re: 55 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) MOTION for Preliminary Injunction . . Document filed by XL Specialty Insurance Company. (Attachments: # 1 Exhibit A - 7.21.17 Matteo Email, # 2 Exhibit B - 7.21.17 Kaplan Letter, # 3 Certificate of Service)(Chester, Michael) (Entered: 07/26/2017)
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Legal Document (Payment Possibly Required) 101 Filed: 7/26/2017, Entered: None Unknown Document Type
RESPONSE in Opposition to Motion re: 55 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) MOTION for Preliminary Injunction . . Document filed by Wimbledon Financing Master Fund, Ltd.. (Attachments: # 1 Exhibit 1 - Judgment, # 2 Exhibit 2 - Decision and Order, # 3 Exhibit 3 - Decision and Order)(Matteo, Joseph) (Entered: 07/26/2017)
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Legal Document (Payment Possibly Required) 100 Filed: 7/26/2017, Entered: None Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 7/6/17 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) (Entered: 07/26/2017)
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Legal Document (Payment Possibly Required) 99 Filed: 7/26/2017, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings re: MOTION held on 7/6/2017 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Andrew Walker, (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 8/16/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/24/2017.(McGuirk, Kelly) (Entered: 07/26/2017)
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Legal Document (Payment Possibly Required) 98 Filed: 7/17/2017, Entered: None Unknown Document Type
ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. Jeffrey Hallac served on 7/17/2017, answer due 8/7/2017; Weston Financial Services LLC served on 7/17/2017, answer due 8/7/2017. Service was accepted by Jeffrey Hallac. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 07/17/2017)
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Legal Document (Payment Possibly Required) 97 Filed: 7/14/2017, Entered: None Unknown Document Type
ELECTRONIC AMENDED SUMMONS ISSUED as to Jeffrey Hallac. (pc) (Entered: 07/14/2017)
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Legal Document (Payment Possibly Required) 96 Filed: 7/13/2017, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Jeffrey Hallac, re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 07/13/2017)
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Legal Document (Payment Possibly Required) 95 Filed: 7/13/2017, Entered: None Unknown Document Type
ELECTRONIC AMENDED SUMMONS ISSUED as to Weston Financial Services LLC. (rch) (Entered: 07/13/2017)
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Legal Document (Payment Possibly Required) 94 Filed: 7/13/2017, Entered: None Unknown Document Type
ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. Keith Wellner served on 7/13/2017, answer due 8/3/2017. Service was accepted by Daniel P. Goldberg, Esq., Counsel for Defendant Keith Wellner. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 07/13/2017)
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Legal Document (Payment Possibly Required) 93 Filed: 7/12/2017, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Weston Financial Services LLC, re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 07/12/2017)
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Legal Document (Payment Possibly Required) 92 Filed: 7/12/2017, Entered: None Unknown Document Type
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Jeffrey Hallac, re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) Modified on 7/13/2017 (rch). (Entered: 07/12/2017)
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Legal Document (Payment Possibly Required) 91 Filed: 7/10/2017, Entered: None Unknown Document TypeCourt Filing
MEMORANDUM ORDER: Accordingly, the Court will hold the matter in abeyance for a period of two weeks so that XL can consider filing an interpleader in state court, which the Court recommends. If XL does so, the Court will then dismiss this interpleader, without prejudice and with thanks to XL, in favor of the state-court interpleader. If XL chooses not to file the state court interpleader, the Court will deny the abstention prong of Wimbledon's motion, and the parties must then jointly call the Court on July 21, 2017 at 4:00 P.M. to schedule further proceedings in this action. (Signed by Judge Jed S. Rakoff on 7/7/2017) (kgo) (Entered: 07/10/2017)
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Legal Document (Payment Possibly Required) 90 Filed: 6/29/2017, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Zachary Adam Kerner on behalf of Keith Wellner. (Kerner, Zachary) (Entered: 06/29/2017)
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Legal Document (Payment Possibly Required) 89 Filed: 6/29/2017, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Eileen Monaghan Delucia on behalf of Keith Wellner. (Delucia, Eileen) (Entered: 06/29/2017)
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Legal Document (Payment Possibly Required) 88 Filed: 6/27/2017, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE. Document filed by Wimbledon Financing Master Fund, Ltd.. (Lebigre, Carrie) (Entered: 06/27/2017)
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Blank 87 Filed: 6/27/2017, Entered: None Unknown Document Type
AFFIRMATION of J Christopher Albanese in Support re: 60 MOTION for Summary Judgment as against Wimbledon Financing Master Fund Ltd.. Document filed by Albert Hallac. (Albanese, Joseph) (Entered: 06/27/2017)
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Legal Document (Payment Possibly Required) 86 Filed: 6/26/2017, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 60 MOTION for Summary Judgment as against Wimbledon Financing Master Fund Ltd. . Document filed by Albert Hallac. (Albanese, Joseph) (Entered: 06/27/2017)
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Legal Document (Payment Possibly Required) 85 Filed: 6/26/2017, Entered: None Unknown Document Type
JOINT REPLY re: 81 Counter Statement to Rule 56.1 . Document filed by Albert Hallac, Jeffrey Hallac, Keith Wellner, Weston Capital Asset Management LLC, Weston Capital Management LLC, Weston Financial Services LLC. (Goldberg, Daniel) (Entered: 06/26/2017)
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Legal Document (Payment Possibly Required) 84 Filed: 6/26/2017, Entered: None Unknown Document Type
JOINT REPLY MEMORANDUM OF LAW in Support re: 60 MOTION for Summary Judgment as against Wimbledon Financing Master Fund Ltd. . Document filed by Albert Hallac, Jeffrey Hallac, Keith Wellner, Weston Capital Asset Management LLC, Weston Capital Management LLC, Weston Financial Services LLC. (Goldberg, Daniel) (Entered: 06/26/2017)
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Legal Document (Payment Possibly Required) 83 Filed: 6/26/2017, Entered: None Unknown Document Type
DECLARATION of Daniel P. Goldberg in Support re: 60 MOTION for Summary Judgment as against Wimbledon Financing Master Fund Ltd.. Document filed by Albert Hallac, Jeffrey Hallac, Keith Wellner, Weston Capital Asset Management LLC, Weston Capital Management LLC, Weston Financial Services LLC. (Goldberg, Daniel) (Entered: 06/26/2017)
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Legal Document (Payment Possibly Required) 82 Filed: 6/26/2017, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 63 MOTION to Dismiss /Abstain. . Document filed by Wimbledon Financing Master Fund, Ltd.. (Matteo, Joseph) (Entered: 06/26/2017)
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Legal Document (Payment Possibly Required) 81 Filed: 6/23/2017, Entered: None Unknown Document Type
COUNTER STATEMENT TO 76 Rule 56.1 Statement. Document filed by Wimbledon Financing Master Fund, Ltd.. (Kaplan, Howard) (Entered: 06/23/2017)
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Legal Document (Payment Possibly Required) 80 Filed: 6/22/2017, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE. Document filed by Wimbledon Financing Master Fund, Ltd.. (Lebigre, Carrie) (Entered: 06/22/2017)
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Legal Document (Payment Possibly Required) 79 Filed: 6/21/2017, Entered: None Unknown Document Type
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: 60 MOTION for Summary Judgment as against Wimbledon Financing Master Fund Ltd. Counterstatement to Defendants' Statement of Material Facts and Statement of Additional Undisputed Facts. Document filed by Wimbledon Financing Master Fund, Ltd.. (Kaplan, Howard) Modified on 6/23/2017 (db). (Entered: 06/21/2017)
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Legal Document (Payment Possibly Required) 78 Filed: 6/21/2017, Entered: None Unknown Document Type
DECLARATION of Howard J. Kaplan in Opposition re: 60 MOTION for Summary Judgment as against Wimbledon Financing Master Fund Ltd.. Document filed by Wimbledon Financing Master Fund, Ltd.. (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32)(Kaplan, Howard) (Entered: 06/21/2017)
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Legal Document (Payment Possibly Required) 77 Filed: 6/21/2017, Entered: None Unknown Document Type
AMENDED MEMORANDUM OF LAW in Opposition re: 60 MOTION for Summary Judgment as against Wimbledon Financing Master Fund Ltd. . Document filed by Wimbledon Financing Master Fund, Ltd.. (Kaplan, Howard) (Entered: 06/21/2017)
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Legal Document (Payment Possibly Required) 76 Filed: 6/15/2017, Entered: None Unknown Document Type
RULE 56.1 STATEMENT. Document filed by Albert Hallac, Jeffrey Hallac, Keith Wellner, Weston Capital Asset Management LLC, Weston Capital Management LLC, Weston Financial Services LLC. (Goldberg, Daniel) (Entered: 06/15/2017)
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Legal Document (Payment Possibly Required) 75 Filed: 6/15/2017, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE. Document filed by Wimbledon Financing Master Fund, Ltd.. (Lebigre, Carrie) (Entered: 06/15/2017)
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Legal Document (Payment Possibly Required) 74 Filed: 6/14/2017, Entered: None Unknown Document Type
DECLARATION of Howard J. Kaplan in Opposition re: 60 MOTION for Summary Judgment as against Wimbledon Financing Master Fund Ltd.. Document filed by Wimbledon Financing Master Fund, Ltd.. (Attachments: # 1 Exhibit Ex. 1 Part A, # 2 Exhibit Ex. 1 Part B, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit)(Kaplan, Howard) (Entered: 06/14/2017)
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Legal Document (Payment Possibly Required) 73 Filed: 6/14/2017, Entered: None Unknown Document Type
RESPONSE in Opposition to Motion re: 60 MOTION for Summary Judgment as against Wimbledon Financing Master Fund Ltd. LOCAL RULE 56.1 STATEMENT. Document filed by Wimbledon Financing Master Fund, Ltd.. (Kaplan, Howard) (Entered: 06/14/2017)
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Legal Document (Payment Possibly Required) 72 Filed: 6/14/2017, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 60 MOTION for Summary Judgment as against Wimbledon Financing Master Fund Ltd. . Document filed by Wimbledon Financing Master Fund, Ltd.. (Kaplan, Howard) (Entered: 06/14/2017)
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Legal Document (Payment Possibly Required) 71 Filed: 6/14/2017, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 06/14/2017)
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Legal Document (Payment Possibly Required) 70 Filed: 6/14/2017, Entered: None Unknown Document Type
DECLARATION of Michael B. Chester in Opposition re: 63 MOTION to Dismiss /Abstain.. Document filed by XL Specialty Insurance Company. (Attachments: # 1 Exhibit A)(Chester, Michael) (Entered: 06/14/2017)
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Legal Document (Payment Possibly Required) 69 Filed: 6/14/2017, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 63 MOTION to Dismiss /Abstain. . Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 06/14/2017)
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Legal Document (Payment Possibly Required) 68 Filed: 6/14/2017, Entered: None Unknown Document Type
DECLARATION of Eileen DeLucia in Opposition re: 63 MOTION to Dismiss /Abstain.. Document filed by Albert Hallac, Jeffrey Hallac, Keith Wellner, Weston Capital Asset Management LLC, Weston Capital Management LLC, Weston Financial Services LLC. (Attachments: # 1 Exhibit 1)(Goldberg, Daniel) (Entered: 06/14/2017)
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Legal Document (Payment Possibly Required) 67 Filed: 6/14/2017, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 63 MOTION to Dismiss /Abstain. . Document filed by Albert Hallac, Jeffrey Hallac, Keith Wellner, Weston Capital Asset Management LLC, Weston Capital Management LLC, Weston Financial Services LLC. (Goldberg, Daniel) (Entered: 06/14/2017)
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Legal Document (Payment Possibly Required) 66 Filed: 6/8/2017, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE. Document filed by Wimbledon Financing Master Fund, Ltd.. (Lebigre, Carrie) (Entered: 06/08/2017)
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Legal Document (Payment Possibly Required) 65 Filed: 6/7/2017, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 63 MOTION to Dismiss /Abstain. . Document filed by Wimbledon Financing Master Fund, Ltd.. (Kaplan, Howard) (Entered: 06/07/2017)
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Legal Document (Payment Possibly Required) 64 Filed: 6/7/2017, Entered: None Unknown Document Type
DECLARATION of Howard J. Kaplan in Support re: 63 MOTION to Dismiss /Abstain.. Document filed by Wimbledon Financing Master Fund, Ltd.. (Attachments: # 1 Exhibit Ex. 1 - Hallac Allocution, # 2 Ex. 2 - Hirst Transcript Excerpts, # 3 Ex. 3 - Bergstein-Wellner Indictment, # 4 Ex. 4 - Kaplan Reply Declaration, # 5 Ex. 5 - Amended Complaint, # 6 Ex. 6 - SPC Petition, # 7 Ex. 7 - Bergstein Petition, # 8 Ex. 8 - Decision and Order, # 9 Ex. 9 - Letter to Chester, # 10 Ex. 10 - Order Severing Attorneys' Fees, # 11 Ex. 11 - Judgment, # 12 Ex. 12 - Restraining Notice to XL, # 13 Ex. 13 - Subpoena to XL, # 14 Ex. 14 - Letter to Sheriff, # 15 Ex. 15 - Execution Weston Capital, # 16 Ex. 16 - Execution Wimbledon SPC, # 17 Ex. 17 - Goldberg Email, # 18 Ex. 18 - XL Charts)(Kaplan, Howard) (Entered: 06/07/2017)
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Legal Document (Payment Possibly Required) 63 Filed: 6/7/2017, Entered: None Unknown Document Type
MOTION to Dismiss /Abstain. Document filed by Wimbledon Financing Master Fund, Ltd.. Return Date set for 6/26/2017 at 04:00 PM.(Kaplan, Howard) (Entered: 06/07/2017)
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Legal Document (Payment Possibly Required) 62 Filed: 6/7/2017, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 60 MOTION for Summary Judgment as against Wimbledon Financing Master Fund Ltd. . Document filed by Albert Hallac, Jeffrey Hallac, Keith Wellner, Weston Capital Asset Management LLC, Weston Capital Management LLC, Weston Financial Services LLC. (Goldberg, Daniel) (Entered: 06/07/2017)
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Legal Document (Payment Possibly Required) 61 Filed: 6/7/2017, Entered: None Unknown Document Type
DECLARATION of J. Christopher Albanese in Support re: 60 MOTION for Summary Judgment as against Wimbledon Financing Master Fund Ltd.. Document filed by Albert Hallac, Jeffrey Hallac, Keith Wellner, Weston Capital Asset Management LLC, Weston Capital Management LLC, Weston Financial Services LLC. (Attachments: # 1 Exhibit 1 Part a, # 2 Exhibit 1 Part b, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Goldberg, Daniel) (Entered: 06/07/2017)
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Legal Document (Payment Possibly Required) 60 Filed: 6/7/2017, Entered: None Unknown Document Type
MOTION for Summary Judgment as against Wimbledon Financing Master Fund Ltd. Document filed by Albert Hallac, Jeffrey Hallac, Keith Wellner, Weston Capital Asset Management LLC, Weston Capital Management LLC, Weston Financial Services LLC.(Goldberg, Daniel) (Entered: 06/07/2017)
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Legal Document (Payment Possibly Required) 59 Filed: 6/7/2017, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE of Notice of Motion and Proposed Order served on Albert Hallac, Jeffrey Hallac, Keith Wellner, Weston Financial Services LLC, Weston Capital Management LLC, Weston Capital Asset Management LLC, Wimbledon Financing Master Fund, LTD. on 6/6/2017. Service was made by ECF/MAIL. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 06/07/2017)
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Legal Document (Payment Possibly Required) 58 Filed: 6/7/2017, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE. Document filed by Wimbledon Financing Master Fund, Ltd.. (Lebigre, Carrie) (Entered: 06/07/2017)
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Legal Document (Payment Possibly Required) 57 Filed: 6/6/2017, Entered: None Unknown Document Type
DECLARATION of Howard J. Kaplan in Opposition re: 55 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) MOTION for Preliminary Injunction .. Document filed by Wimbledon Financing Master Fund, Ltd.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Kaplan, Howard) (Entered: 06/06/2017)
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Legal Document (Payment Possibly Required) 56 Filed: 6/6/2017, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 55 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) MOTION for Preliminary Injunction . . Document filed by Wimbledon Financing Master Fund, Ltd.. (Kaplan, Howard) (Entered: 06/06/2017)
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Legal Document (Payment Possibly Required) 55 Filed: 6/6/2017, Entered: None Unknown Document Type
MOTION for Interpleader Deposit (28 U.S.C. Section 1335) , MOTION for Preliminary Injunction . Document filed by XL Specialty Insurance Company. (Attachments: # 1 Proposed Order)(Chester, Michael) (Entered: 06/06/2017)
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Legal Document (Payment Possibly Required) 54 Filed: 6/6/2017, Entered: None Unknown Document Type
ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. Weston Capital Asset Management LLC served on 6/5/2017, answer due 6/26/2017; Weston Capital Management LLC served on 6/5/2017, answer due 6/26/2017. Service was accepted by Michael P. Gilmore, Esq.. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 06/06/2017)
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Legal Document (Payment Possibly Required) 53 Filed: 6/5/2017, Entered: None Unknown Document Type
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER ERROR MOTION for Interpleader Deposit (28 U.S.C. Section 1335) , MOTION for Preliminary Injunction . Document filed by XL Specialty Insurance Company. (Attachments: # 1 Proposed Order)(Chester, Michael) Modified on 6/6/2017 (jom). (Entered: 06/05/2017)
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Legal Document (Payment Possibly Required) 52 Filed: 6/2/2017, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE of Motion, Declaration, Memorandum of Law served on Albert Hallac, Jeffrey Hallac, Keith Wellner, Weston Financial Services LLC, Weston Capital Management LLC, Weston Capital Asset Management LLC, Wimbledon Financing Master Fund, LTD. on 6/2/2017. Service was made by ECF/MAIL. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 06/02/2017)
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Legal Document (Payment Possibly Required) 51 Filed: 6/2/2017, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 49 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) MOTION for Preliminary Injunction . . Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 06/02/2017)
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Legal Document (Payment Possibly Required) 50 Filed: 6/2/2017, Entered: None Unknown Document Type
DECLARATION of Michael B. Chester in Support re: 49 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) MOTION for Preliminary Injunction .. Document filed by XL Specialty Insurance Company. (Attachments: # 1 Exhibit A- Policy- Part 1 of 3, # 2 Exhibit A- Policy- Part 2 of 3, # 3 Exhibit A- Policy- Part 3 of 3, # 4 Exhibit B- Interim Funding Agreement, # 5 Exhibit C- Case Information, # 6 Exhibit D- Order Accepting Guilty Plea, # 7 Exhibit E- 6/16/16 Goldberg Letter, # 8 Exhibit F- 11/1/16 Goldberg Email, # 9 Exhibit G- 3/22/17 Albanese Letter, # 10 Exhibit H- 3/23/17 Goldberg Email, # 11 Exhibit I- 3/29/17 Chester Letter, # 12 Exhibit J- 4/6/17 Kaplan Letter, # 13 Exhibit K- Judgment, # 14 Exhibit L- Restraining Notice, # 15 Exhibit M- Information Subpoena and Subpoena Duces Tecum)(Chester, Michael) (Entered: 06/02/2017)
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Legal Document (Payment Possibly Required) 49 Filed: 6/2/2017, Entered: None Unknown Document Type
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - MOTION for Interpleader Deposit (28 U.S.C. Section 1335) , MOTION for Preliminary Injunction . Document filed by XL Specialty Insurance Company.(Chester, Michael) Modified on 6/5/2017 (jom). (Entered: 06/02/2017)
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Legal Document (Payment Possibly Required) 48 Filed: 6/1/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 22 Motion to Intervene. Proposed intervenor-defendant Wimbledon Financing Master Fund Ltd.'s motion to intervene in this action is hereby granted. The Clerk of the Court is directed to close the motion at docket entry number 22. SO ORDERED. (Signed by Judge Jed S. Rakoff on 5/31/17) (yv) (Entered: 06/01/2017)
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Legal Document (Payment Possibly Required) 47 Filed: 5/31/2017, Entered: None Unknown Document Type
NOTICE OF PRO SE APPEARANCE by Jeffrey Hallac. (sac) (Entered: 06/01/2017)
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Legal Document (Payment Possibly Required) 46 Filed: 5/31/2017, Entered: None Unknown Document Type
ELECTRONIC AMENDED SUMMONS ISSUED as to Weston Capital Management LLC. (pc) (Entered: 05/31/2017)
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Legal Document (Payment Possibly Required) 45 Filed: 5/31/2017, Entered: None Unknown Document Type
ELECTRONIC AMENDED SUMMONS ISSUED as to Weston Capital Asset Management LLC. (pc) (Entered: 05/31/2017)
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Legal Document (Payment Possibly Required) 44 Filed: 5/30/2017, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Weston Capital Management LLC c/o Michael P. Gilmore, Esq., re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 05/30/2017)
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Legal Document (Payment Possibly Required) 43 Filed: 5/30/2017, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Weston Capital Asset Management LLC c/o Michael P. Gilmore, Esq., re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 05/30/2017)
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Legal Document (Payment Possibly Required) 42 Filed: 5/25/2017, Entered: None Unknown Document Type
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Weston Capital Management LLC, re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) Modified on 5/26/2017 (pc). (Entered: 05/25/2017)
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Legal Document (Payment Possibly Required) 41 Filed: 5/25/2017, Entered: None Unknown Document Type
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Weston Capital Asset Management LLC, re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) Modified on 5/26/2017 (pc). (Entered: 05/25/2017)
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Legal Document (Payment Possibly Required) 40 Filed: 5/24/2017, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE. Document filed by Wimbledon Financing Master Fund, Ltd.. (Lebigre, Carrie) (Entered: 05/24/2017)
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Legal Document (Payment Possibly Required) 39 Filed: 5/23/2017, Entered: None Unknown Document Type
REPLY AFFIRMATION of Howard J. Kaplan in Support re: 22 MOTION to Intervene .. Document filed by Wimbledon Financing Master Fund, Ltd.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Kaplan, Howard) (Entered: 05/23/2017)
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Legal Document (Payment Possibly Required) 38 Filed: 5/23/2017, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 22 MOTION to Intervene . . Document filed by Wimbledon Financing Master Fund, Ltd.. (Kaplan, Howard) (Entered: 05/23/2017)
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Legal Document (Payment Possibly Required) 37 Filed: 5/19/2017, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Daniel Peter Goldberg on behalf of Keith Wellner. (Goldberg, Daniel) (Entered: 05/19/2017)
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Legal Document (Payment Possibly Required) 36 Filed: 5/19/2017, Entered: None Unknown Document Type
DECLARATION of Michael Gilmore in Opposition re: 22 MOTION to Intervene .. Document filed by Weston Financial Services LLC. (Gilmore, Michael) (Entered: 05/19/2017)
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Legal Document (Payment Possibly Required) 35 Filed: 5/19/2017, Entered: None Unknown Document Type
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Weston Capital Management LLC.(Gilmore, Michael) (Entered: 05/19/2017)
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Legal Document (Payment Possibly Required) 34 Filed: 5/19/2017, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Michael Patrick Gilmore on behalf of Weston Capital Management LLC. (Gilmore, Michael) (Entered: 05/19/2017)
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Legal Document (Payment Possibly Required) 33 Filed: 5/18/2017, Entered: None Unknown Document Type
DECLARATION of J. Christopher Albanese in Opposition re: 22 MOTION to Intervene .. Document filed by Albert Hallac, Jeffrey Hallac, Keith Wellner. (Attachments: # 1 Exhibit A)(Goldberg, Daniel) (Entered: 05/18/2017)
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Legal Document (Payment Possibly Required) 32 Filed: 5/18/2017, Entered: None Unknown Document Type
JOINT MEMORANDUM OF LAW in Opposition re: 22 MOTION to Intervene . . Document filed by Albert Hallac, Jeffrey Hallac, Keith Wellner. (Goldberg, Daniel) (Entered: 05/18/2017)
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Legal Document (Payment Possibly Required) 31 Filed: 5/18/2017, Entered: None Unknown Document Type
ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. Albert Hallac served on 5/10/2017, answer due 5/31/2017. Service was accepted by Chris Albanese, Esq., Counsel for Defendant Albert Hallac. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 05/18/2017)
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Legal Document (Payment Possibly Required) 30 Filed: 5/18/2017, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Joseph Christopher Albanese on behalf of Albert Hallac. (Albanese, Joseph) (Entered: 05/18/2017)
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Legal Document (Payment Possibly Required) 29 Filed: 5/10/2017, Entered: None Unknown Document Type
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wimbledon Financing Fund, Ltd., Corporate Parent Wimbledon Fund L.P. for Wimbledon Financing Master Fund, Ltd.. Document filed by Wimbledon Financing Master Fund, Ltd..(Kaplan, Howard) (Entered: 05/10/2017)
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Legal Document (Payment Possibly Required) 28 Filed: 5/9/2017, Entered: None Unknown Document Type
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Wimbledon Financing Master Fund, Ltd..(Kaplan, Howard) Modified on 5/10/2017 (lb). (Entered: 05/09/2017)
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Legal Document (Payment Possibly Required) 27 Filed: 5/9/2017, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE. Document filed by Wimbledon Financing Master Fund, Ltd.. (Kaplan, Howard) (Entered: 05/09/2017)
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Legal Document (Payment Possibly Required) 26 Filed: 5/9/2017, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 22 MOTION to Intervene . . Document filed by Wimbledon Financing Master Fund, Ltd.. (Kaplan, Howard) (Entered: 05/09/2017)
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Blank 25 Filed: 5/9/2017, Entered: None Unknown Document Type
DECLARATION of Howard J. Kaplan in Support re: 22 MOTION to Intervene .. Document filed by Wimbledon Financing Master Fund, Ltd.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Kaplan, Howard) (Entered: 05/09/2017)
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Legal Document (Payment Possibly Required) 24 Filed: 5/9/2017, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Michelle A. Rice on behalf of Wimbledon Financing Master Fund, Ltd.. (Rice, Michelle) (Entered: 05/09/2017)
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Legal Document (Payment Possibly Required) 23 Filed: 5/9/2017, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Joseph Andrew Matteo on behalf of Wimbledon Financing Master Fund, Ltd.. (Matteo, Joseph) (Entered: 05/09/2017)
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Legal Document (Payment Possibly Required) 22 Filed: 5/3/2017, Entered: None Unknown Document Type
MOTION to Intervene . Document filed by Wimbledon Financing Master Fund, Ltd.. (Attachments: # 1 Certificate of Service)(Kaplan, Howard) (Entered: 05/03/2017)
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Legal Document (Payment Possibly Required) 21 Filed: 5/3/2017, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Carrie Hill Lebigre on behalf of Wimbledon Financing Master Fund, Ltd.. (Lebigre, Carrie) (Entered: 05/03/2017)
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Legal Document (Payment Possibly Required) 20 Filed: 5/3/2017, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Howard Jay Kaplan on behalf of Wimbledon Financing Master Fund, Ltd.. (Kaplan, Howard) (Entered: 05/03/2017)
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Legal Document (Payment Possibly Required) 19 Filed: 4/26/2017, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Weston Financial Services LLC. (nm) (Entered: 04/26/2017)
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Legal Document (Payment Possibly Required) 18 Filed: 4/26/2017, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Weston Capital Management LLC. (nm) (Entered: 04/26/2017)
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Legal Document (Payment Possibly Required) 17 Filed: 4/26/2017, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Weston Capital Asset Management LLC. (nm) (Entered: 04/26/2017)
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Legal Document (Payment Possibly Required) 16 Filed: 4/26/2017, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Keith Wellner. (nm) (Entered: 04/26/2017)
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Legal Document (Payment Possibly Required) 15 Filed: 4/26/2017, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Jeffrey Hallac. (nm) (Entered: 04/26/2017)
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Legal Document (Payment Possibly Required) 14 Filed: 4/26/2017, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Albert Hallac. (nm) (Entered: 04/26/2017)
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Legal Document (Payment Possibly Required) 13 Filed: 4/24/2017, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Weston Financial Services LLC, re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 04/24/2017)
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Legal Document (Payment Possibly Required) 12 Filed: 4/24/2017, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Weston Capital Management LLC, re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 04/24/2017)
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Legal Document (Payment Possibly Required) 11 Filed: 4/24/2017, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Weston Capital Asset Management LLC, re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 04/24/2017)
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Legal Document (Payment Possibly Required) 10 Filed: 4/24/2017, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Keith Wellner, re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 04/24/2017)
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Legal Document (Payment Possibly Required) 9 Filed: 4/24/2017, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Jeffrey Hallac, re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 04/24/2017)
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Legal Document (Payment Possibly Required) 8 Filed: 4/24/2017, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Albert Hallac, re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) (Entered: 04/24/2017)
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Legal Document (Payment Possibly Required) 7 Filed: 4/24/2017, Entered: None Unknown Document Type
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent XL Group plc, Corporate Parent X.L. America, Inc., Corporate Parent XLIT LTD., Corporate Parent XL Reinsurance America, Inc. for XL Specialty Insurance Company. Document filed by XL Specialty Insurance Company.(Chester, Michael) (Entered: 04/24/2017)
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Legal Document (Payment Possibly Required) 6 Filed: 4/24/2017, Entered: None Unknown Document TypeCourt Filing
NOTICE OF COURT CONFERENCE: Initial Conference set for 5/31/2017 at 11:00am-11:15am in Courtroom 14B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, and as further set forth in this Order. (Signed by Judge Jed S. Rakoff on 4/24/2017) (rjm) (Entered: 04/24/2017)
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Legal Document (Payment Possibly Required) 5 Filed: 4/21/2017, Entered: None Unknown Document Type
FILING ERROR NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent XL Group plc for XL Specialty Insurance Company. Document filed by XL Specialty Insurance Company.(Chester, Michael) Modified on 4/24/2017 (lb). (Entered: 04/21/2017)
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Legal Document (Payment Possibly Required) 4 Filed: 4/20/2017, Entered: None Unknown Document Type
SUMMONS FILING ERROR - SUMMONS PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Albert Hallac, Jeffrey Hallac, Keith Wellner, Weston Financial Services LLC, Weston Capital Management LLC, Weston Capital Asset Management LLC, re: 1 Complaint,. Document filed by XL Specialty Insurance Company. (Chester, Michael) Modified on 4/21/2017 (jvs). (Entered: 04/20/2017)
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Legal Document (Payment Possibly Required) 3 Filed: 4/20/2017, Entered: None Unknown Document Type
FILING ERROR NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent XL Group plc for XL Specialty Insurance Company. Document filed by XL Specialty Insurance Company.(Chester, Michael) Modified on 4/21/2017 (lb). (Entered: 04/20/2017)
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Legal Document (Payment Possibly Required) 2 Filed: 4/20/2017, Entered: None Unknown Document Type
CIVIL COVER SHEET filed. (Chester, Michael) (Entered: 04/20/2017)
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Legal Document (Payment Possibly Required) 1 Filed: 4/20/2017, Entered: None Unknown Document Type
COMPLAINT against Albert Hallac, Jeffrey Hallac, Keith Wellner, Weston Capital Asset Management LLC, Weston Capital Management LLC, Weston Financial Services LLC. (Filing Fee $ 400.00, Receipt Number 0208-13566637)Document filed by XL Specialty Insurance Company. (Attachments: # 1 Exhibit A - Weston Policy Part 1 of 2, # 2 Exhibit A - Weston Policy Part 2 of 2, # 3 Exhibit B - Case Information, # 4 Exhibit C - Order Accepting Guilty Plea)(Chester, Michael) (Entered: 04/20/2017)
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