Bank of America, N.A. v. Apollo Enterprise Solutions, LLC et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:10-cv-05707
District Judge Denise L. Cote, presiding

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Bank of America, NA Bank of America, NA, Plaintiff
Officer/Director, Oneida Ltd.
Officer/Director, NATIONSBANK CORP
Officer/Director, Blue Ridge Investments, LLC
Officer/Director, Pioneer High Income Trust
Officer/Director, Nb Holdings Corp

Toggle Switch Represented by Holland & Knight, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Francesca Morris +1 212 513 3431 +1 212 385 9010 francesca.morris@hklaw.com
ATTORNEY TO BE NOTICED Richard Raysman +1 212 513 3469 +1 212 385 9010 richard.raysman@hklaw.com
ATTORNEY TO BE NOTICED Christine Tramontano +1 212 513 3598 +1 212 385 9010 christine.tramontano@hklaw.com
No Logo Apollo Enterprise Solutions, Inc., Counter-Claimant

Toggle Switch Represented by Milberg LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED DEBORAH CLARK-WEINTRAUB +1 212 594 5300 +8681 868 868 1229

Toggle Switch Represented by Whatley Drake & Kallas LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel P. Gleason +1 205 328 9576 +1 205 328 9669 dgleason@wdklaw.com
No Logo Apollo Enterprise Solutions, LLC, Counter-Claimant

Toggle Switch Represented by Milberg LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED DEBORAH CLARK-WEINTRAUB +1 212 594 5300 +8681 868 868 1229

Toggle Switch Represented by Whatley Drake & Kallas LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel P. Gleason +1 205 328 9576 +1 205 328 9669 dgleason@wdklaw.com
No Logo Moriah Partners, LLC, Counter-Claimant

Toggle Switch Represented by Milberg LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED DEBORAH CLARK-WEINTRAUB +1 212 594 5300 +8681 868 868 1229
v.
No Logo Apollo Enterprise Solutions, Inc., Defendant

Toggle Switch Represented by Milberg LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED DEBORAH CLARK-WEINTRAUB +1 212 594 5300 +8681 868 868 1229

Toggle Switch Represented by Whatley Drake & Kallas LLC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Daniel P. Gleason +1 205 328 9576 +1 205 328 9669 dgleason@wdklaw.com
No Logo Apollo Enterprise Solutions, LLC, Defendant

Toggle Switch Represented by Milberg LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED DEBORAH CLARK-WEINTRAUB +1 212 594 5300 +8681 868 868 1229

Toggle Switch Represented by Whatley Drake & Kallas LLC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Daniel P. Gleason +1 205 328 9576 +1 205 328 9669 dgleason@wdklaw.com
No Logo Moriah Partners, LLC, Defendant

Toggle Switch Represented by Milberg LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED DEBORAH CLARK-WEINTRAUB +1 212 594 5300 +8681 868 868 1229

Toggle Switch Represented by Whatley Drake & Kallas LLC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Daniel P. Gleason +1 205 328 9576 +1 205 328 9669 dgleason@wdklaw.com
Bank of America, NA Bank of America, NA, Counter-Defendant
Officer/Director, Oneida Ltd.
Officer/Director, NATIONSBANK CORP
Officer/Director, Blue Ridge Investments, LLC
Officer/Director, Pioneer High Income Trust
Officer/Director, Nb Holdings Corp

Toggle Switch Represented by Holland & Knight, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Francesca Morris +1 212 513 3431 +1 212 385 9010 francesca.morris@hklaw.com
ATTORNEY TO BE NOTICED Richard Raysman +1 212 513 3469 +1 212 385 9010 richard.raysman@hklaw.com
ATTORNEY TO BE NOTICED Christine Tramontano +1 212 513 3598 +1 212 385 9010 christine.tramontano@hklaw.com
Citation Section 28 U.S.C. § 1332
Nature of Suit 190 - Contract: Other Contract Actions
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Legal Document (Payment Possibly Required) 94 Filed: 12/14/2010, Entered: None Court Filing
STIPULATION OF DISMISSAL; that the above-captioned action is dismissed, without costs to any Party and with prejudice as to any matter that was or could have been asserted in this litigation. (Signed by Judge Denise L. Cote on 12/14/10) (pl) Modified on 12/14/2010 (pl). (Entered: 12/14/2010)
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    Legal Document (Payment Possibly Required) 93 Filed: 12/6/2010, Entered: None Court Filing
    ORDER OF DISCONTINUANCE that the settled action is discontinued, without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within 30 days. (Signed by Judge Denise L. Cote on 12/6/10) (cd) (Entered: 12/07/2010)
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      Legal Document (Payment Possibly Required) 92 Filed: 11/22/2010, Entered: None
      ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against Bank of America, N.A.. Document filed by Apollo Enterprise Solutions, LLC, Apollo Enterprise Solutions, Inc.. Related document: 89 Amended Complaint, filed by Bank of America, N.A..(Whatley, Joe) (Entered: 11/22/2010)
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        Legal Document (Payment Possibly Required) 91 Filed: 11/17/2010, Entered: None Court Filing
        ORDER: The parties having decided in an October 13 telephone conference with the Court on the record that no preliminary injunction hearing was required, it is hereby ORDERED that the August 5, 2010 motion for preliminary injunction be terminated as moot. FURTHER, that the October 9 and October 12 motions in limine relating to the preliminary injunction hearing be terminated as moot. Motions terminated: 67 FIRST MOTION in Limine filed by Bank of America, N.A.; 4 MOTION for Preliminary Injunction filed by Bank of America, N.A.; 76 MOTION in Limine to Exclude the Testimony of Patrick E. Conroy filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. (Signed by Judge Denise L. Cote on 11/16/2010) (lnl) (Entered: 11/17/2010)
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          Legal Document (Payment Possibly Required) 90 Filed: 11/12/2010, Entered: None Court Filing
          STIPULATION AND ORDER: It is hereby Stipulated and agreed that the time for defendants' response to Bank of America's second amended complaint is extended to 11/22/2010. (Signed by Judge Denise L. Cote on 11/12/2010) (jfe) (Entered: 11/12/2010)
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            Legal Document (Payment Possibly Required) 89 Filed: 11/8/2010, Entered: None Amended Complaint
            SECOND AMENDED COMPLAINT amending 15 Amended Complaint, against Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC.Document filed by Bank of America, N.A.. Related document: 15 Amended Complaint, filed by Bank of America, N.A..(mbe) (ama). (Entered: 11/09/2010)
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              Legal Document (Payment Possibly Required) 88 Filed: 11/8/2010, Entered: None
              REPLY MEMORANDUM OF LAW in Support re: 80 MOTION to Dismiss the Second, Third, Fourth and Fifth Causes of Action Asserted by Defendants Apollo Enterprise Solutions, LLC and Apollo Enterprise Solutions, Inc. in its Answer and Counterclaim.. Document filed by Bank of America, N.A.. (Raysman, Richard) (Entered: 11/08/2010)
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                Legal Document (Payment Possibly Required) 87 Filed: 11/1/2010, Entered: None Court Filing
                OPINION AND ORDER #99623 granting re: 32 MOTION to Dismiss, filed by Moriah Partners, LLC. Because the Court lacks personal jurisdiction over Moriah, it is unnecessary to decide whether the Bank stated a claim for tortious interference by Moriah. (Signed by Judge Denise L. Cote on 11/1/10) (cd) Modified on 11/5/2010 (ajc). (Entered: 11/02/2010)
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                  Legal Document (Payment Possibly Required) 86 Filed: 10/29/2010, Entered: None
                  MEMORANDUM OF LAW in Opposition re: 80 MOTION to Dismiss the Second, Third, Fourth and Fifth Causes of Action Asserted by Defendants Apollo Enterprise Solutions, LLC and Apollo Enterprise Solutions, Inc. in its Answer and Counterclaim.. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. (Whatley, Joe) (Entered: 10/29/2010)
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                    Legal Document (Payment Possibly Required) 85 Filed: 10/27/2010, Entered: None Court Filing
                    ORDER: Apollo shall oppose Bank of America's October 12 motion to dismiss by October 29, 2010. A reply, if any, shall be due November 8. Bank of America shall file any amended complaint by November 8. Defendants' responses shall be due November 15. All expert discovery must be completed by February 4, 2011. The parties shall appear for a pre-motion conference on January 14, 2011 at 2:00 p.m. at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 11B. In the event there is no summary judgment motion, the Joint Pretrial Order must be filed by February 18, 2011. The final pretrial conference is scheduled for February 25, 2011 at 3:30 p.m. in Courtroom llB, 500 Pearl Street. The case is placed on the March 7, 2011 trial ready calendar. (Signed by Judge Denise L. Cote on 10/26/2010) (jpo) (Entered: 10/27/2010)
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                      Legal Document (Payment Possibly Required) 84 Filed: 10/27/2010, 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 Settlement. Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge Denise L. Cote on 10/27/2010) (lnl) (Entered: 10/27/2010)
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                        Legal Document (Payment Possibly Required) 83 Filed: 10/27/2010, Entered: None Court Filing
                        ORDER: that the October 29 initial pretrial conference is canceled. SO ORDERED. (Signed by Judge Denise L. Cote on 10/27/10) (laq) (Entered: 10/27/2010)
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                          Legal Document (Payment Possibly Required) 82 Filed: 10/12/2010, Entered: None
                          NOTICE of Pursuant to FRCP 65(c). Document filed by Bank of America, N.A.. (Tramontano, Christine) (Entered: 10/12/2010)
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                            Legal Document (Payment Possibly Required) 81 Filed: 10/12/2010, Entered: None
                            MEMORANDUM OF LAW in Support re: 80 MOTION to Dismiss the Second, Third, Fourth and Fifth Causes of Action Asserted by Defendants Apollo Enterprise Solutions, LLC and Apollo Enterprise Solutions, Inc. in its Answer and Counterclaim.. Document filed by Bank of America, N.A.. (Raysman, Richard) (Entered: 10/12/2010)
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                              Legal Document (Payment Possibly Required) 80 Filed: 10/12/2010, Entered: None Motion to Dismiss
                              MOTION to Dismiss the Second, Third, Fourth and Fifth Causes of Action Asserted by Defendants Apollo Enterprise Solutions, LLC and Apollo Enterprise Solutions, Inc. in its Answer and Counterclaim. Document filed by Bank of America, N.A..(Raysman, Richard) (Entered: 10/12/2010)
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                                Legal Document (Payment Possibly Required) 79 Filed: 10/12/2010, Entered: None
                                REPLY MEMORANDUM OF LAW in Support re: 76 MOTION in Limine to Exclude the Testimony of Patrick E. Conroy.. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. (Whatley, Joe) (Entered: 10/12/2010)
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                                  Legal Document (Payment Possibly Required) 78 Filed: 10/12/2010, Entered: None
                                  DECLARATION of Deborah Clark-Weintraub in Support re: 76 MOTION in Limine to Exclude the Testimony of Patrick E. Conroy.. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Whatley, Joe) (Entered: 10/12/2010)
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                                    Legal Document (Payment Possibly Required) 77 Filed: 10/12/2010, Entered: None
                                    MEMORANDUM OF LAW in Support re: 76 MOTION in Limine to Exclude the Testimony of Patrick E. Conroy.. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. (Whatley, Joe) (Entered: 10/12/2010)
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                                      Legal Document (Payment Possibly Required) 76 Filed: 10/12/2010, Entered: None Motion in Limine
                                      MOTION in Limine to Exclude the Testimony of Patrick E. Conroy. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC.(Whatley, Joe) (Entered: 10/12/2010)
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                                        Legal Document (Payment Possibly Required) 75 Filed: 10/12/2010, Entered: None
                                        AMENDED REPLY MEMORANDUM OF LAW in Support re: 67 FIRST MOTION in Limine.. Document filed by Bank of America, N.A.. (Tramontano, Christine) (Entered: 10/12/2010)
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                                          Legal Document (Payment Possibly Required) 74 Filed: 10/12/2010, Entered: None
                                          REPLY MEMORANDUM OF LAW in Support re: 67 FIRST MOTION in Limine. Document filed by Bank of America, N.A. (Tramontano, Christine) Modified on 10/15/2010 (db). Modified on 10/15/2010 (db). (Entered: 10/12/2010)
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                                            Legal Document (Payment Possibly Required) 73 Filed: 10/12/2010, Entered: None
                                            FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 65 MOTION in Limine to Exclude the Testimony of Patrick E. Conroy. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. (Whatley, Joe) Modified on 10/15/2010 (db). (Entered: 10/12/2010)
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                                              Legal Document (Payment Possibly Required) 72 Filed: 10/11/2010, Entered: None
                                              MEMORANDUM OF LAW in Opposition re: 65 MOTION in Limine to Exclude the Testimony of Patrick E. Conroy.. Document filed by Bank of America, N.A.. (Raysman, Richard) (Entered: 10/11/2010)
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                                                Legal Document (Payment Possibly Required) 71 Filed: 10/11/2010, Entered: None
                                                MEMORANDUM OF LAW in Opposition re: 67 FIRST MOTION in Limine.. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. (Whatley, Joe) (Entered: 10/11/2010)
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                                                  Legal Document (Payment Possibly Required) 70 Filed: 10/9/2010, Entered: None
                                                  CERTIFICATE OF SERVICE. Document filed by Bank of America, N.A.. (Tramontano, Christine) (Entered: 10/09/2010)
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                                                    Legal Document (Payment Possibly Required) 69 Filed: 10/9/2010, Entered: None
                                                    DECLARATION of Christine Tramontano in Support re: 67 FIRST MOTION in Limine.. Document filed by Bank of America, N.A.. (Tramontano, Christine) (Entered: 10/09/2010)
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                                                      Legal Document (Payment Possibly Required) 68 Filed: 10/9/2010, Entered: None
                                                      MEMORANDUM OF LAW in Support re: 67 FIRST MOTION in Limine.. Document filed by Bank of America, N.A.. (Tramontano, Christine) (Entered: 10/09/2010)
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                                                        Legal Document (Payment Possibly Required) 67 Filed: 10/9/2010, Entered: None
                                                        FIRST MOTION in Limine. Document filed by Bank of America, N.A..(Tramontano, Christine) (Entered: 10/09/2010)
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                                                          Legal Document (Payment Possibly Required) 66 Filed: 10/9/2010, Entered: None
                                                          DECLARATION of Deborah Clark-Weintraub in Support re: 65 MOTION in Limine to Exclude the Testimony of Patrick E. Conroy.. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Whatley, Joe) (Entered: 10/09/2010)
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                                                            Legal Document (Payment Possibly Required) 65 Filed: 10/9/2010, Entered: None
                                                            FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU(MEMORANDUM OF LAW IN SUPPORT OF MOTION) - MOTION in Limine to Exclude the Testimony of Patrick E. Conroy. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC.(Whatley, Joe) Modified on 10/12/2010 (KA). (Entered: 10/09/2010)
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                                                              Legal Document (Payment Possibly Required) 64 Filed: 10/9/2010, Entered: None
                                                              FILING ERROR - WRONG EVENT SELECTED FROM MENU - NOTICE of of Motion In Limine to Exclude the Testimony of Patrick E. Conroy. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. (Whatley, Joe) Modified on 10/12/2010 (KA). (Entered: 10/09/2010)
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                                                                Legal Document (Payment Possibly Required) 63 Filed: 10/7/2010, Entered: None Court Filing
                                                                ORDER: It is hereby ORDERED that any motion in limine regarding the testimony of Patrick E. Conroy shall be served by Saturday, October 9 at 5 p.m. The opposition shall be served Monday, October 11 at 5 p.m. The reply shall be served Tuesday, October 11 at 5 p.m. IT IS FURTHER ORDERED that the moving party shall supply two courtesy copies of all motion papers to the Honorable Denise Cote, United States Courthouse, 500 Pearl Street, New York, NY 10007, by Tuesday, October 11 at 5 p.m. (Signed by Judge Denise L. Cote on 10/7/2010) (jfe) (Entered: 10/07/2010)
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                                                                  Legal Document (Payment Possibly Required) 62 Filed: 10/7/2010, Entered: None
                                                                  DECLARATION of Deborah Clark-Weintraub in Support re: 61 Reply Memorandum of Law in Support. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Whatley, Joe) (Entered: 10/07/2010)
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                                                                    Legal Document (Payment Possibly Required) 61 Filed: 10/7/2010, Entered: None
                                                                    REPLY MEMORANDUM OF LAW in Support re: 54 Pretrial Memorandum. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. (Whatley, Joe) (Entered: 10/07/2010)
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                                                                      Legal Document (Payment Possibly Required) 60 Filed: 10/7/2010, Entered: None
                                                                      REPLY MEMORANDUM OF LAW in Support re: 52 Memorandum of Law in Support of Motion. Document filed by Bank of America, N.A.. (Raysman, Richard) (Entered: 10/07/2010)
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                                                                        Legal Document (Payment Possibly Required) 59 Filed: 10/6/2010, Entered: None Court Filing
                                                                        MEMO ENDORSED granting 57 Motion for Daniel P. Gleason to Appear Pro Hac Vice for defendants. (Signed by Judge Denise L. Cote on 10/6/10) (cd) (Entered: 10/07/2010)
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                                                                          Blank 58 Filed: 9/30/2010, Entered: None
                                                                          DECLARATION of Joe R. Whatley, Jr. in Support re: 49 Proposed Findings of Fact. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. (Attachments: # 1 Exhibit A - Pt. 1 of 5, # 2 Exhibit A - Pt. 2 of 5, # 3 Exhibit A - Pt. 3 of 5, # 4 Exhibit A - Pt. 4 of 5, # 5 Exhibit A - Pt. 5 of 5, # 6 Exhibit B - Pt. 1 of 2, # 7 Exhibit B - Pt. 2 of 2, # 8 Exhibit C, # 9 Exhibit D)(Whatley, Joe) (Entered: 09/30/2010)
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                                                                            Legal Document (Payment Possibly Required) 57 Filed: 9/21/2010, Entered: None
                                                                            MOTION for Daniel P. Gleason to Appear Pro Hac Vice. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC.(mro) (Entered: 09/30/2010)
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                                                                              Legal Document (Payment Possibly Required) 56 Filed: 9/30/2010, Entered: None
                                                                              PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Bank of America, N.A..(Raysman, Richard) (Entered: 09/30/2010)
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                                                                                Legal Document (Payment Possibly Required) 55 Filed: 9/30/2010, Entered: None
                                                                                CERTIFICATE of Counsel by Joe R. Whatley, JR on behalf of Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. Re: 54 Pretrial Memorandum, 49 Proposed Findings of Fact, 53 Declaration in Support,. (Whatley, Joe) (Entered: 09/30/2010)
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                                                                                  Legal Document (Payment Possibly Required) 54 Filed: 9/30/2010, Entered: None
                                                                                  PRETRIAL MEMORANDUM. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC.(Whatley, Joe) (Entered: 09/30/2010)
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                                                                                    Legal Document (Payment Possibly Required) 53 Filed: 9/30/2010, Entered: None
                                                                                    FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Joe R. Whatley, Jr. in Support re: 49 Proposed Findings of Fact. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC. (Attachments: # 1 Exhibit A - Pt. 1 of 4, # 2 Exhibit A - Pt. 2 of 4, # 3 Exhibit A - Pt. 3 of 4, # 4 Exhibit A - Pt. 4 of 4, # 5 Exhibit B - Pt. 1 of 2, # 6 Exhibit B - Pt. 2 of 2, # 7 Exhibit C, # 8 Exhibit D)(Whatley, Joe) Modified on 10/5/2010 (KA). (Entered: 09/30/2010)
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                                                                                      Legal Document (Payment Possibly Required) 52 Filed: 9/30/2010, Entered: None
                                                                                      MEMORANDUM OF LAW in Support re: 4 MOTION for Preliminary Injunction.. Document filed by Bank of America, N.A.. (Raysman, Richard) (Entered: 09/30/2010)
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                                                                                        Legal Document (Payment Possibly Required) 51 Filed: 9/30/2010, Entered: None
                                                                                        DEPOSITION.Document filed by Bank of America, N.A..(Raysman, Richard) (Entered: 09/30/2010)
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                                                                                          Blank 50 Filed: 9/30/2010, Entered: None
                                                                                          DEPOSITION.Document filed by Bank of America, N.A..(Raysman, Richard) (Entered: 09/30/2010)
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                                                                                            Blank 49 Filed: 9/30/2010, Entered: None
                                                                                            PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC.(Whatley, Joe) (Entered: 09/30/2010)
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                                                                                              Legal Document (Payment Possibly Required) 48 Filed: 9/20/2010, Entered: None
                                                                                              RESPONSE re: 44 Order. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment B, # 4 Attachment D)(Whatley, Joe) (Entered: 09/20/2010)
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                                                                                                Legal Document (Payment Possibly Required) 47 Filed: 9/20/2010, Entered: None
                                                                                                REPLY MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss.. Document filed by Moriah Partners, LLC. (Whatley, Joe) (Entered: 09/20/2010)
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                                                                                                  Legal Document (Payment Possibly Required) 46 Filed: 9/15/2010, Entered: None
                                                                                                  ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against Bank of America, N.A.. Document filed by Apollo Enterprise Solutions, LLC, Moriah Partners, LLC, Apollo Enterprise Solutions, Inc..(Whatley, Joe) (Entered: 09/15/2010)
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                                                                                                    Legal Document (Payment Possibly Required) 45 Filed: 9/14/2010, Entered: None Court Filing
                                                                                                    MEMO-ENDORSEMENT: denying 41 Motion for Daniel P. Gleason to Appear Pro Hac Vice. No certificate. (Signed by Judge Denise L. Cote on 9/14/10) (pl) (Entered: 09/15/2010)
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                                                                                                      Legal Document (Payment Possibly Required) 44 Filed: 9/13/2010, Entered: None Court Filing
                                                                                                      ORDER: that the defendant provide by 9/20/2010, the residency and basis for the residency information of every member of each defendant limited liability company. (Signed by Judge Denise L. Cote on 9/13/2010) (tro) (Entered: 09/14/2010)
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                                                                                                        Legal Document (Payment Possibly Required) 43 Filed: 9/13/2010, Entered: None
                                                                                                        DECLARATION of Earl Ronald Johnson in Opposition re: 32 MOTION to Dismiss.. Document filed by Bank of America, N.A.. (Raysman, Richard) (Entered: 09/13/2010)
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                                                                                                          Legal Document (Payment Possibly Required) 42 Filed: 9/13/2010, Entered: None
                                                                                                          MEMORANDUM OF LAW in Opposition re: 32 MOTION to Dismiss.. Document filed by Bank of America, N.A.. (Raysman, Richard) (Entered: 09/13/2010)
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                                                                                                            Legal Document (Payment Possibly Required) 41 Filed: 9/3/2010, Entered: None
                                                                                                            MOTION for Daniel P. Gleason to Appear Pro Hac Vice. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC.(mro) (Entered: 09/03/2010)
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                                                                                                              Legal Document (Payment Possibly Required) 40 Filed: 9/1/2010, Entered: None
                                                                                                              RULE 26 DISCLOSURE.Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC.(Whatley, Joe) (Entered: 09/01/2010)
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                                                                                                                Legal Document (Payment Possibly Required) 39 Filed: 8/30/2010, Entered: None Court Filing
                                                                                                                LETTER addressed to Judge Denise L. Cote from Joe R. Whatley, Jr. dated 8/27/10 re: There are three named defendants. Defendant Apollo Enterprise Solutions, LLC no longer exists. It was merged into defendant Apollo Enterprise Solutions, Inc., which both is incorporated and has its principal place of business in California. Defendant Moriah Partners, LLC, is a California LLC with its principal place of business in California. All of its members are residents of either California or New Mexico. Under the circumstances, there should be no issue about diversity or citizenship. Document filed by the defendants.(mro) (Entered: 08/30/2010)
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                                                                                                                  Legal Document (Payment Possibly Required) 38 Filed: 8/27/2010, Entered: None
                                                                                                                  NOTICE of Relating to Motion to Dismiss Filed by Defendant Moriah Partners, LLC. Document filed by Moriah Partners, LLC. (Whatley, Joe) (Entered: 08/27/2010)
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                                                                                                                    Legal Document (Payment Possibly Required) 37 Filed: 8/27/2010, Entered: None Court Filing
                                                                                                                    PRETRIAL SCHEDULING ORDER: The parties are instructed to contact the Chambers of Magistrate Judge Katz no later than August 27, in order to arrange to pursue settlement discussions under his supervision. The defendants shall submit a letter by September 3, 2010 identifying the citizenship of each defendant, including the citizenship of each member of each LLC. The Preliminary injunction hearing will begin at 9:30 a.m. on October 14. Responses due by 9/13/2010 Replies due by 9/20/2010. (Signed by Judge Denise L. Cote on 8/27/2010) (js) Modified on 8/27/2010 (js). (Entered: 08/27/2010)
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                                                                                                                      Legal Document (Payment Possibly Required) 36 Filed: 8/26/2010, 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 Settlement. So Ordered Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge Denise L. Cote on 8/26/2010) (js) (Entered: 08/27/2010)
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                                                                                                                        Legal Document (Payment Possibly Required) 35 Filed: 8/25/2010, Entered: None
                                                                                                                        CERTIFICATE OF SERVICE of Summonses and First Amended Complaint served on Defendants on 08/23/2010. Service was accepted by Whatley Drake & Kallas, LLC, Attorneys for Defendants. Service was made by Federal Express. Document filed by Bank of America, N.A.. (Raysman, Richard) (Entered: 08/25/2010)
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                                                                                                                          Legal Document (Payment Possibly Required) 34 Filed: 8/25/2010, Entered: None
                                                                                                                          DECLARATION of Joseph S. Konowiecki in Support re: 32 MOTION to Dismiss.. Document filed by Moriah Partners, LLC. (Whatley, Joe) (Entered: 08/25/2010)
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                                                                                                                            Legal Document (Payment Possibly Required) 33 Filed: 8/25/2010, Entered: None
                                                                                                                            MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss.. Document filed by Moriah Partners, LLC. (Whatley, Joe) (Entered: 08/25/2010)
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                                                                                                                              Legal Document (Payment Possibly Required) 32 Filed: 8/25/2010, Entered: None Motion to Dismiss
                                                                                                                              MOTION to Dismiss. Document filed by Moriah Partners, LLC.(Whatley, Joe) (Entered: 08/25/2010)
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                                                                                                                                Legal Document (Payment Possibly Required) 31 Filed: 8/23/2010, Entered: None
                                                                                                                                BRIEF re: 30 MOTION to Dismiss.. Document filed by Moriah Partners, LLC.(Whatley, Joe) (Entered: 08/23/2010)
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                                                                                                                                  Legal Document (Payment Possibly Required) 30 Filed: 8/23/2010, Entered: None
                                                                                                                                  FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss. Document filed by Moriah Partners, LLC. (Attachments: # 1 Memorandum, # 2 Declaration)(Whatley, Joe) Modified on 8/25/2010 (db). (Entered: 08/23/2010)
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                                                                                                                                    Legal Document (Payment Possibly Required) 29 Filed: 8/23/2010, Entered: None
                                                                                                                                    ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Bank of America, N.A.. Document filed by Apollo Enterprise Solutions, LLC, Apollo Enterprise Solutions, Inc..(Whatley, Joe) (Entered: 08/23/2010)
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                                                                                                                                      Legal Document (Payment Possibly Required) 28 Filed: 8/23/2010, Entered: None
                                                                                                                                      RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC.(Whatley, Joe) (Entered: 08/23/2010)
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                                                                                                                                        Legal Document (Payment Possibly Required) 27 Filed: 8/23/2010, Entered: None
                                                                                                                                        REPLY MEMORANDUM OF LAW in Support re: 4 MOTION for Preliminary Injunction.. Document filed by Bank of America, N.A.. (Raysman, Richard) (Entered: 08/23/2010)
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                                                                                                                                          Legal Document (Payment Possibly Required) 26 Filed: 8/23/2010, Entered: None
                                                                                                                                          DECLARATION of Patrick E. Conroy, Expert in Support re: 4 MOTION for Preliminary Injunction.. Document filed by Bank of America, N.A.. (Raysman, Richard) (Entered: 08/23/2010)
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                                                                                                                                            Legal Document (Payment Possibly Required) 25 Filed: 8/23/2010, Entered: None
                                                                                                                                            DECLARATION of Dana Wassam in Support re: 4 MOTION for Preliminary Injunction.. Document filed by Bank of America, N.A.. (Raysman, Richard) (Entered: 08/23/2010)
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                                                                                                                                              Legal Document (Payment Possibly Required) 24 Filed: 8/23/2010, Entered: None
                                                                                                                                              DECLARATION of Steven Demarest in Support re: 4 MOTION for Preliminary Injunction.. Document filed by Bank of America, N.A.. (Raysman, Richard) (Entered: 08/23/2010)
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                                                                                                                                                Legal Document (Payment Possibly Required) 23 Filed: 8/23/2010, Entered: None
                                                                                                                                                DECLARATION of Anh-Thu T. Gates in Support re: 4 MOTION for Preliminary Injunction.. Document filed by Bank of America, N.A.. (Raysman, Richard) (Entered: 08/23/2010)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 22 Filed: 8/23/2010, Entered: None
                                                                                                                                                  NOTICE OF APPEARANCE by Deborah Clark-Weintraub on behalf of Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC (Clark-Weintraub, Deborah) (Entered: 08/23/2010)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 21 Filed: 8/23/2010, Entered: None
                                                                                                                                                    NOTICE OF APPEARANCE by Joe R. Whatley, JR on behalf of Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC (Whatley, Joe) (Entered: 08/23/2010)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 20 Filed: 8/17/2010, Entered: None
                                                                                                                                                      MEMORANDUM OF LAW in Opposition re: 4 MOTION for Preliminary Injunction.. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC. (Whatley, Joe) (Entered: 08/17/2010)
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                                                                                                                                                        Blank 19 Filed: 8/16/2010, Entered: None
                                                                                                                                                        DECLARATION of Adrian Gluck in Opposition re: 4 MOTION for Preliminary Injunction.. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC. (Whatley, Joe) (Entered: 08/16/2010)
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                                                                                                                                                          Blank 18 Filed: 8/16/2010, Entered: None
                                                                                                                                                          DECLARATION of Joseph S. Konowiecki in Opposition re: 4 MOTION for Preliminary Injunction.. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC. (Whatley, Joe) (Entered: 08/16/2010)
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                                                                                                                                                            Blank 17 Filed: 8/16/2010, Entered: None
                                                                                                                                                            DECLARATION of G. Christopher Imrey in Opposition re: 4 MOTION for Preliminary Injunction.. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC. (Whatley, Joe) (Entered: 08/16/2010)
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                                                                                                                                                              Blank 16 Filed: 8/16/2010, Entered: None
                                                                                                                                                              MEMORANDUM OF LAW in Opposition re: 4 MOTION for Preliminary Injunction.. Document filed by Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC. (Whatley, Joe) (Entered: 08/16/2010)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 15 Filed: 8/13/2010, Entered: None Amended Complaint
                                                                                                                                                                FIRST AMENDED COMPLAINT amending 1 Complaint against Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC.Document filed by Bank of America, N.A. Related document: 1 Complaint filed by Bank of America, N.A. (mro) (mro). (Entered: 08/16/2010)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 14 Filed: 8/13/2010, Entered: None Court Filing
                                                                                                                                                                  CERTIFICATE OF SERVICE of Doc #3, #13 and Rules of Judge Cote served on Defendants on 8/11/10. Service was made by Federal Express. Document filed by Bank of America, N.A.. (Tramontano, Christine) (Entered: 08/13/2010)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 13 Filed: 8/10/2010, Entered: None Court Filing
                                                                                                                                                                    ORDER: The plaintiff filed a motion for a preliminary injunction on 8/5/2010. The defendants' opposition must be submitted by 8/16/2010. The plaintiff's reply, if any, must be submitted by 8/23/2010. The parties shall appear at a conference with the Court on Thursday, 8/26/2010 at 12:00 p.m. at the United States Courthouse, 500 Pearl Street, New York, NY in Courtroom 11B. Plaintiff shall serve this Order on the defendants promptly. Set Deadlines/Hearing as to 4 MOTION for Preliminary Injunction: (Responses due by 8/16/2010, Replies due by 8/23/2010.) (Signed by Judge Denise L. Cote on 8/10/2010) (tro) (Entered: 08/11/2010)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 12 Filed: 8/5/2010, Entered: None
                                                                                                                                                                      AFFIDAVIT OF SERVICE of Motion for Preliminary Injunction and All Supporting Documents served on Defendants on 7/30/10 and 8/2/10. Service was accepted by Pinchut, Ellison and Mills. Service was made by Hand. Document filed by Bank of America, N.A.. (Tramontano, Christine) (Entered: 08/05/2010)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 11 Filed: 8/5/2010, Entered: None
                                                                                                                                                                        AFFIDAVIT OF SERVICE of Summons and Complaint. Moriah Partners, LLC served on 8/2/2010, answer due 8/23/2010. Service was accepted by Dionne Mills, Agent. Service was made by Hand. Document filed by Bank of America, N.A.. (Tramontano, Christine) (Entered: 08/05/2010)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 10 Filed: 8/5/2010, Entered: None
                                                                                                                                                                          AFFIDAVIT OF SERVICE of Summons and Complaint. Apollo Enterprise Solutions, Inc. served on 7/30/2010, answer due 8/20/2010. Service was accepted by Bradley Ellison, Agent. Service was made by Hand. Document filed by Bank of America, N.A.. (Tramontano, Christine) (Entered: 08/05/2010)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 9 Filed: 8/5/2010, Entered: None
                                                                                                                                                                            AFFIDAVIT OF SERVICE of Summons and Complaint. Apollo Enterprise Solutions, LLC served on 8/2/2010, answer due 8/23/2010. Service was accepted by Evan Pinchut, Agent. Service was made by Hand. Document filed by Bank of America, N.A.. (Tramontano, Christine) (Entered: 08/05/2010)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 8 Filed: 8/5/2010, Entered: None
                                                                                                                                                                              DECLARATION of Richard Raysman in Support re: 4 MOTION for Preliminary Injunction.. Document filed by Bank of America, N.A.. (Attachments: # 1 Exhibit 1)(Tramontano, Christine) (Entered: 08/05/2010)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 7 Filed: 8/5/2010, Entered: None
                                                                                                                                                                                DECLARATION of Dana Wassam in Support re: 4 MOTION for Preliminary Injunction.. Document filed by Bank of America, N.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Tramontano, Christine) (Entered: 08/05/2010)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 6 Filed: 8/5/2010, Entered: None
                                                                                                                                                                                  DECLARATION of Christine Tramontano in Support re: 4 MOTION for Preliminary Injunction.. Document filed by Bank of America, N.A.. (Tramontano, Christine) (Entered: 08/05/2010)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 5 Filed: 8/5/2010, Entered: None
                                                                                                                                                                                    MEMORANDUM OF LAW in Support re: 4 MOTION for Preliminary Injunction.. Document filed by Bank of America, N.A.. (Tramontano, Christine) (Entered: 08/05/2010)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 4 Filed: 8/5/2010, Entered: None
                                                                                                                                                                                      MOTION for Preliminary Injunction. Document filed by Bank of America, N.A..(Tramontano, Christine) (Entered: 08/05/2010)
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                                                                                                                                                                                        Legal Document (Payment Possibly Required) 3 Filed: 8/3/2010, Entered: None Court Filing
                                                                                                                                                                                        NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Pretrial Conference set for 10/29/2010 at 09:30 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 8/3/2010) (ae) (Entered: 08/05/2010)
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                                                                                                                                                                                          Legal Document (Payment Possibly Required) 2 Filed: 7/28/2010, Entered: None
                                                                                                                                                                                          RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Bana Holding Corporation; BAC North America Holding Company; NB Holdings Corporation; Bank of America Corporation as Corporate Parent. Document filed by Bank of America, N.A.(mro) (Entered: 07/29/2010)
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 1 Filed: 7/28/2010, Entered: None
                                                                                                                                                                                            COMPLAINT against Apollo Enterprise Solutions, Inc., Apollo Enterprise Solutions, LLC, Moriah Partners, LLC. (Filing Fee $ 350.00, Receipt Number 910587)Document filed by Bank of America, N.A.(mro) (Entered: 07/29/2010)
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