Wolff Living Trust et al v. FM Multi-Strategy Investment Fund, L.P. et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:09-cv-01540
District Judge VJ, Leonard B. Sand, presiding

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No Logo Wolff Living Trust, Plaintiff

Toggle Switch Represented by Bernstein Liebhard LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Stanley D Bernstein , +1 212 779 1414 +7793 779 779 3218 bernstein@bernlieb.com
ATTORNEY TO BE NOTICED Jeffrey Michael Haber +1 212 779 1414 +1 212 779 3218 haber@bernlieb.com
ATTORNEY TO BE NOTICED Sandy A Liebhard +1 212 779 1414 +1 212 779 3218 liebhard@bernlieb.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joseph R. Seidman +1 212 779 1414 +1 212 779 3218 seidman@bernlieb.com
v.
No Logo Andrea Tessler, Defendant

Toggle Switch Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Mark Bigge +1 212 909 6497 +1 212 909 6836 dmbigge@debevoise.com

Represented by Dechert LLP

No Logo Family Management Corporation, Defendant

Toggle Switch Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Mark Bigge +1 212 909 6497 +1 212 909 6836 dmbigge@debevoise.com

Represented by Dechert LLP

No Logo FM Multi-Strategy Investment Fund, L.P., Defendant

Toggle Switch Represented by Law Offices of Brian Neville

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Brian Joseph Neville +1 212 732 7179 +1 212 566 4531 bneville@laxneville.com

Toggle Switch Represented by laxlawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Barry Richard Lax +1 212 696 1999 +1 212 566 4531 blax@laxneville.com

Toggle Switch Represented by Venable LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Brian David Maddox +1 212 307 5500 +1 212 307 5598 bmaddox@laxneville.com
No Logo Fulvio & Associates, LLP, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Keith Robert Roussel +1 212 221 6900 +1 212 221 6989 roussel77@yahoo.com

Toggle Switch Represented by Winget Spadafora & Schwartzberg, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jesse Brooks Gage +1 212 221 6900 +1 212 221 6989 gage.j@wssllp.com
LEAD ATTORNEY Kenneth Andrew McLellan +1 212 221 6900 +1 212 221 6989 mclellan.k@wssllp.com
No Logo Seymour Zises, Defendant

Toggle Switch Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Mark Bigge +1 212 909 6497 +1 212 909 6836 dmbigge@debevoise.com

Represented by Dechert LLP

Citation Section 28 U.S.C. § 1332
Nature of Suit 160 - Contract: Stockholders' Suits
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Legal Document (Payment Possibly Required) 46 Filed: 11/3/2010, Entered: None
CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Opinion and Order dated November 2, 2010, the defendants motion to dismiss the complaint is granted for lack of jurisdiction, without prejudice, and with leave to re-file in state court. (Signed by Clerk of Court Ruby Krajick on 11/3/2010) (Attachments: # 1 Notice of Right to File Appeal)(bco) (Entered: 11/03/2010)
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    Legal Document (Payment Possibly Required) 45 Filed: 11/2/2010, Entered: None Court Filing
    MEMORANDUM AND ORDER granting 26 Motion to Dismiss the complaint for lack of jurisdiction, without prejudice, and with leave to refile in state court. (Signed by Judge Leonard B. Sand on 11/2/10) (djc) (Entered: 11/02/2010)
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      Legal Document (Payment Possibly Required) 44 Filed: 10/5/2010, Entered: None Court Filing
      ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Leonard B. Sand on 10/5/10) (djc) (Entered: 10/07/2010)
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        Legal Document (Payment Possibly Required) 43 Filed: 5/10/2010, Entered: None
        NOTICE OF APPEARANCE by Keith Robert Roussel on behalf of Fulvio & Associates, LLP (Roussel, Keith) (Entered: 05/10/2010)
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          Legal Document (Payment Possibly Required) 42 Filed: 11/2/2009, Entered: None
          CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Motion to Dismiss served on Plaintiffs on October 30, 2009. Document filed by FM Multi-Strategy Investment Fund, L.P., Family Management Corporation, Seymour Zises, Andrea Tessler. (Maddox, Brian) (Entered: 11/02/2009)
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            Legal Document (Payment Possibly Required) 41 Filed: 10/30/2009, Entered: None
            DECLARATION of Russell Katz re: 40 Reply Memorandum of Law in Support of Motion,., DECLARATION of Russell Katz in Support. Document filed by FM Multi-Strategy Investment Fund, L.P., Family Management Corporation, Seymour Zises, Andrea Tessler. (Attachments: # 1 Exhibit A)(Maddox, Brian) (Entered: 10/30/2009)
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              Legal Document (Payment Possibly Required) 40 Filed: 10/30/2009, Entered: None
              REPLY MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss The First Amended Class Action Complaint.. Document filed by FM Multi-Strategy Investment Fund, L.P., Family Management Corporation, Seymour Zises, Andrea Tessler. (Maddox, Brian) (Entered: 10/30/2009)
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                Legal Document (Payment Possibly Required) 39 Filed: 10/21/2009, Entered: None
                REPLY MEMORANDUM OF LAW in Support re: 22 FIRST MOTION to Dismiss with prejudice. 10.21.09 Amended Certificate of Service. Document filed by Fulvio & Associates, LLP. (McLellan, Kenneth) (Entered: 10/21/2009)
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                  Legal Document (Payment Possibly Required) 38 Filed: 10/15/2009, Entered: None
                  REPLY MEMORANDUM OF LAW in Support re: 22 FIRST MOTION to Dismiss with prejudice.. Document filed by Fulvio & Associates, LLP. (McLellan, Kenneth) (Entered: 10/15/2009)
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                    Legal Document (Payment Possibly Required) 37 Filed: 10/7/2009, Entered: None Court Filing
                    STIPULATION AND ORDER AGREE as follows: The FMC Defendants' time to file and serve their Reply to Plaintiffs' Opposition to the FMC Defendants' Motion to Dismiss the Amended Complaint shall be extended up to and including October 30, 2009; This Stipulation and Order may be executed in counterparts. ( Replies due by 10/30/2009.)SO ORDERED (Signed by Judge Leonard B. Sand on 10/7/2009) (jmi) (Entered: 10/08/2009)
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                      Legal Document (Payment Possibly Required) 36 Filed: 9/29/2009, Entered: None Court Filing
                      ENDORSED LETTER addressed to Judge Leonard B. Sand from Kenneth A. McLellan dated 9/24/09 re: Counsel for Fulvio & Associates submit the within correspondence in connection with their request for an extension of time to Reply to Plaintiffs' Opposition to their Motion to dismiss through 10/15/09. ENDORSEMENT: So Ordered. (Signed by Judge Leonard B. Sand on 9/29/09) (tro) (Entered: 09/29/2009)
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                        Legal Document (Payment Possibly Required) 35 Filed: 9/11/2009, Entered: None
                        MEMORANDUM OF LAW in Opposition re: 26 MOTION to Dismiss The First Amended Class Action Complaint.. Document filed by Wolff Living Trust(by Laurie Latt Wolff as Trustee, on behalf of itself and all others similarly situated). (Attachments: # 1 Supplement)(Seidman, Joseph) (Entered: 09/12/2009)
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                          Legal Document (Payment Possibly Required) 34 Filed: 9/11/2009, Entered: None
                          DECLARATION of JOSEPH R. SEIDMAN, JR. in Opposition re: 26 MOTION to Dismiss The First Amended Class Action Complaint.. Document filed by Wolff Living Trust(by Laurie Latt Wolff as Trustee, on behalf of itself and all others similarly situated). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Seidman, Joseph) (Entered: 09/11/2009)
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                            Legal Document (Payment Possibly Required) 33 Filed: 9/8/2009, Entered: None Court Filing
                            STIPULATION AND ORDER. Plaintiff and defendants hereby stipulate and agree as follows: Plaintiff is granted a page extension for its Opposition from 25 to 40 pages; and Defendants are granted a page extension for their reply memorandum from 10 to 25 pages. (Signed by Judge Leonard B. Sand on 9/8/09) (djc) (Entered: 09/09/2009)
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                              Legal Document (Payment Possibly Required) 32 Filed: 9/1/2009, Entered: None
                              DECLARATION of Joseph R. Seidman, Jr. in Opposition re: 26 MOTION to Dismiss The First Amended Class Action Complaint.. Document filed by Wolff Living Trust(by Laurie Latt Wolff as Trustee, on behalf of itself and all others similarly situated), Wolff Living Trust(by Richard Wolff as trustee, on behalf of itself and all others similarly situated). (Attachments: # 1 Exhibit A - Fulvio & Assocs. LLC May 2004 Audit Report, # 2 Exhibit B - Complaint of Bankruptcy Trustee Irving Picard, # 3 Exhibit C - News Article Concerning Securities and Exchange Commission Failure)(Seidman, Joseph) (Entered: 09/01/2009)
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                                Legal Document (Payment Possibly Required) 31 Filed: 9/1/2009, Entered: None
                                MEMORANDUM OF LAW in Opposition re: 26 MOTION to Dismiss The First Amended Class Action Complaint.. Document filed by Wolff Living Trust(by Laurie Latt Wolff as Trustee, on behalf of itself and all others similarly situated), Wolff Living Trust(by Richard Wolff as trustee, on behalf of itself and all others similarly situated). (Seidman, Joseph) (Entered: 09/01/2009)
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                                  Legal Document (Payment Possibly Required) 30 Filed: 8/31/2009, Entered: None
                                  FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of JOSEPH R. SEIDMAN, JR. in Opposition re: 22 FIRST MOTION to Dismiss with prejudice. Document filed by Wolff Living Trust(by Richard Wolff as trustee, on behalf of itself and all others similarly situated). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Seidman, Joseph) Modified on 9/1/2009 (db). (Entered: 08/31/2009)
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                                    Legal Document (Payment Possibly Required) 29 Filed: 8/31/2009, Entered: None
                                    FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 22 FIRST MOTION to Dismiss with prejudice. Document filed by Wolff Living Trust(by Laurie Latt Wolff as Trustee, on behalf of itself and all others similarly situated). (Seidman, Joseph) Modified on 9/1/2009 (db). (Entered: 08/31/2009)
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                                      Blank 28 Filed: 7/13/2009, Entered: None
                                      DECLARATION of Brian Maddox in Support re: 26 MOTION to Dismiss The First Amended Class Action Complaint.. Document filed by FM Multi-Strategy Investment Fund, L.P., Family Management Corporation, Seymour Zises, Andrea Tessler. (Attachments: # 1 Exhibit A Part 1 of 2, # 2 Exhibit A Part 2 of 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Lax, Barry) (Entered: 07/13/2009)
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                                        Legal Document (Payment Possibly Required) 27 Filed: 7/13/2009, Entered: None
                                        MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss The First Amended Class Action Complaint.. Document filed by FM Multi-Strategy Investment Fund, L.P., Family Management Corporation, Seymour Zises, Andrea Tessler. (Lax, Barry) (Entered: 07/13/2009)
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                                          Legal Document (Payment Possibly Required) 26 Filed: 7/13/2009, Entered: None Motion to Dismiss
                                          MOTION to Dismiss The First Amended Class Action Complaint. Document filed by FM Multi-Strategy Investment Fund, L.P., Family Management Corporation, Seymour Zises, Andrea Tessler.(Lax, Barry) (Entered: 07/13/2009)
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                                            Legal Document (Payment Possibly Required) 25 Filed: 7/13/2009, Entered: None
                                            NOTICE of of Service. Document filed by Fulvio & Associates, LLP. (Attachments: # 1 Certification of Service)(McLellan, Kenneth) (Entered: 07/13/2009)
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                                              Legal Document (Payment Possibly Required) 24 Filed: 7/13/2009, Entered: None
                                              MEMORANDUM OF LAW in Support re: 22 FIRST MOTION to Dismiss with prejudice.. Document filed by Fulvio & Associates, LLP. (McLellan, Kenneth) (Entered: 07/13/2009)
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                                                Legal Document (Payment Possibly Required) 23 Filed: 7/13/2009, Entered: None
                                                DECLARATION of Kenneth A. McLellan, Esq. in Support re: 22 FIRST MOTION to Dismiss with prejudice.. Document filed by Fulvio & Associates, LLP. (Attachments: # 1 Exhibit, # 2 Exhibit)(McLellan, Kenneth) (Entered: 07/13/2009)
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                                                  Legal Document (Payment Possibly Required) 22 Filed: 7/2/2009, Entered: None
                                                  FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss with prejudice. Document filed by Fulvio & Associates, LLP. Responses due by 7/13/2009 Return Date set for 8/3/2009 at 09:00 AM. (Attachments: # 1 Affidavit Certification of K. McLellan, # 2 Exhibit Exhibit A to Certification of K. McLellan, # 3 Exhibit Exhibit B to Certification of K. McLellan, # 4 Exhibit Memorandum of Law, # 5 Affidavit Certification of Service)(Gage, Jesse) Modified on 7/7/2009 (jar). (Entered: 07/02/2009)
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                                                    Legal Document (Payment Possibly Required) 21 Filed: 7/1/2009, Entered: None Court Filing
                                                    STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that the time for defendants to answer, move or otherwise respond to the amended complaint is extended up to and including July 13, 2009. (Signed by Judge Leonard B. Sand on 7/1/2009) (jpo) (Entered: 07/01/2009)
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                                                      Legal Document (Payment Possibly Required) 20 Filed: 6/2/2009, Entered: None
                                                      NOTICE OF APPEARANCE by Brian David Maddox on behalf of FM Multi-Strategy Investment Fund, L.P. (Maddox, Brian) (Entered: 06/02/2009)
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                                                        Legal Document (Payment Possibly Required) 19 Filed: 6/2/2009, Entered: None
                                                        NOTICE OF APPEARANCE by Brian Joseph Neville on behalf of FM Multi-Strategy Investment Fund, L.P. (Neville, Brian) (Entered: 06/02/2009)
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                                                          Legal Document (Payment Possibly Required) 18 Filed: 6/2/2009, Entered: None
                                                          NOTICE OF APPEARANCE by Barry Richard Lax on behalf of FM Multi-Strategy Investment Fund, L.P. (Lax, Barry) (Entered: 06/02/2009)
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                                                            Legal Document (Payment Possibly Required) 17 Filed: 5/7/2009, Entered: None
                                                            RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Family Management Corporation.(Bigge, David) (Entered: 05/07/2009)
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                                                              Legal Document (Payment Possibly Required) 16 Filed: 5/7/2009, Entered: None
                                                              NOTICE OF APPEARANCE by David Mark Bigge on behalf of Family Management Corporation, Seymour Zises, Andrea Tessler (Bigge, David) (Entered: 05/07/2009)
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                                                                Legal Document (Payment Possibly Required) 15 Filed: 5/7/2009, Entered: None
                                                                NOTICE OF APPEARANCE by Neil A. Steiner on behalf of Family Management Corporation, Seymour Zises, Andrea Tessler (Steiner, Neil) (Entered: 05/07/2009)
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                                                                  Legal Document (Payment Possibly Required) 14 Filed: 5/7/2009, Entered: None
                                                                  NOTICE OF APPEARANCE by Andrew J. Levander on behalf of Family Management Corporation, Seymour Zises, Andrea Tessler (Levander, Andrew) (Entered: 05/07/2009)
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                                                                    Legal Document (Payment Possibly Required) 13 Filed: 5/4/2009, Entered: None
                                                                    AMENDED CLASS ACTION COMPLAINT amending 1 Complaint, against John Does 1-100, FM Multi-Strategy Investment Fund, L.P., Family Management Corporation, Seymour Zises, Andrea Tessler, Fulvio & Associates, LLP. Document filed by Wolff Living Trust(by Laurie Latt Wolff as Trustee, on behalf of itself and all others similarly situated), Wolff Living Trust(by Richard Wolff as trustee, on behalf of itself and all others similarly situated). Related document: 1 Complaint, filed by Wolff Living Trust. (Attachments: # 1 A.C. part 2)(dle) (Entered: 05/07/2009)
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                                                                      Legal Document (Payment Possibly Required) 12 Filed: 4/28/2009, Entered: None
                                                                      NOTICE OF APPEARANCE by Kenneth Andrew McLellan on behalf of Fulvio & Associates, LLP (McLellan, Kenneth) (Entered: 04/28/2009)
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                                                                        Legal Document (Payment Possibly Required) 11 Filed: 4/28/2009, Entered: None
                                                                        NOTICE OF APPEARANCE by Jesse Brooks Gage on behalf of Fulvio & Associates, LLP (Gage, Jesse) (Entered: 04/28/2009)
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                                                                          Legal Document (Payment Possibly Required) 10 Filed: 4/16/2009, Entered: None Court Filing
                                                                          AMENDMENT TO ORDER OF APRIL 14, 2009, Paragraph 1 of the scheduling Order dated April 14, 2009 is amended to read as follows: 1. Plaintiffs in Newman and Wolff Living Trust may file and serve separate Amended Complaints by May 4, 2009. (Signed by Judge Leonard B. Sand on 4/15/09) (pl) (Entered: 04/16/2009)
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                                                                            Legal Document (Payment Possibly Required) 9 Filed: 4/14/2009, Entered: None Court Filing
                                                                            ORDER: 1. Plaintiff in Newman may file and serve an Amended Complaint by May 4, 2009. 2. Defendants in Newman shall answer, move, or otherwise respond to the Amended Complaint 60 days thereafter, or, if no Amended Complaint is filed, 60 days after Plaintiff advises Defendants that he does not intend to file an Amended Complaint. Defendants in Wolff Living Trust shall respond to the complaint in that case by the same date. 3. Plaintiffs in Newman and Wolff Living Trust shall file and serve their oppositions to Defendants' motion(s) to dismiss, if any, no later than 60 days after service of such motion(s). 4. Defendants in Newman and Wolff Living Trust shall file and serve replies in further support of any motion(s) to dismiss no later than 30 days after service of any opposition by Plaintiffs. So Ordered (Signed by Judge Leonard B. Sand on 4/14/09) (js) (Entered: 04/14/2009)
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                                                                              Legal Document (Payment Possibly Required) 8 Filed: 3/30/2009, Entered: None Court Filing
                                                                              STIPULATION AND ORDER: The parties hereby stipulate and agree as follows: 1. The time Defendants to answer, move or otherwise respond to the Complaint is extended to May 4, 2009. So Ordered (Signed by Judge Leonard B. Sand on 3/30/09) (js) (Entered: 03/30/2009)
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                                                                                Legal Document (Payment Possibly Required) 7 Filed: 3/2/2009, Entered: None Court Filing
                                                                                NOTICE OF CASE ASSIGNMENT to Judge Leonard B. Sand. (mbe) (Entered: 03/13/2009)
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                                                                                  Legal Document (Payment Possibly Required) 6 Filed: 3/12/2009, Entered: None
                                                                                  AFFIDAVIT OF SERVICE. Fulvio & Associates, LLP served on 3/2/2009, answer due 3/23/2009. Service was accepted by William Lopez - Designated Agent. Document filed by Wolff Living Trust(by Laurie Latt Wolff as Trustee, on behalf of itself and all others similarly situated). (Seidman, Joseph) (Entered: 03/12/2009)
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                                                                                    Legal Document (Payment Possibly Required) 5 Filed: 3/12/2009, Entered: None
                                                                                    AFFIDAVIT OF SERVICE. Andrea Tessler served on 3/2/2009, answer due 3/23/2009. Service was accepted by Russell Katz, Esq. - Designated Agent. Document filed by Wolff Living Trust(by Laurie Latt Wolff as Trustee, on behalf of itself and all others similarly situated). (Seidman, Joseph) (Entered: 03/12/2009)
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                                                                                      Legal Document (Payment Possibly Required) 4 Filed: 3/12/2009, Entered: None
                                                                                      AFFIDAVIT OF SERVICE. Seymour Zises served on 3/2/2009, answer due 3/23/2009. Service was accepted by Russell Katz, Esq. - Designated Agent. Document filed by Wolff Living Trust(by Richard Wolff as trustee, on behalf of itself and all others similarly situated). (Seidman, Joseph) (Entered: 03/12/2009)
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                                                                                        Legal Document (Payment Possibly Required) 3 Filed: 3/12/2009, Entered: None
                                                                                        AFFIDAVIT OF SERVICE. Family Management Corporation served on 3/2/2009, answer due 3/23/2009. Service was accepted by Russell Katz, Esq. - Designated Agent. Document filed by Wolff Living Trust(by Laurie Latt Wolff as Trustee, on behalf of itself and all others similarly situated). (Seidman, Joseph) (Entered: 03/12/2009)
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                                                                                          Legal Document (Payment Possibly Required) 2 Filed: 3/12/2009, Entered: None
                                                                                          AFFIDAVIT OF SERVICE. FM Multi-Strategy Investment Fund, L.P. served on 3/2/2009, answer due 3/23/2009. Service was accepted by Russell Katz, Esq. - Designated Agent. Document filed by Wolff Living Trust(by Laurie Latt Wolff as Trustee, on behalf of itself and all others similarly situated). (Seidman, Joseph) (Entered: 03/12/2009)
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                                                                                            Legal Document (Payment Possibly Required) 1 Filed: 2/19/2009, Entered: None
                                                                                            COMPLAINT against FM Multi-Strategy Investment Fund, L.P., Family Management Corporation, Seymour Zises, Andrea Tessler, Fulvio & Associates, LLP. (Filing Fee $ 350.00, Receipt Number 678151)Document filed by Wolff Living Trust(by Laurie Latt Wolff as Trustee, on behalf of itself and all others similarly situated), Wolff Living Trust(by Richard Wolff as trustee, on behalf of itself and all others similarly situated).(ama) (Entered: 02/20/2009)
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