| Court: | flsd |
| Docket #: | 1:07-cv-22219 |
| Case Name: | Umbach v. Mercator Momentum Fund, L.P et al |
| PACER case #: | 301606 |
| Date filed: | 2007-08-24 |
| Date terminated: | 2007-10-05 |
| Assigned to: | Judge K. Michael Moore |
| Referred to: | Magistrate Judge Barry L. Garber |
| Case Cause: | 15:0078 Securities Exchange Act |
| Nature of Suit: | 850 Securities/Commodities |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Joseph Umbach Plaintiff |
Eduardo Alberto Ramos James Daryl Gassenheimer Raymie E. Walsh Edward Toptani Gabriel Fischbarg Monica F. Rossbach |
| Mercator Momentum Fund, L.P Defendant |
Annie Tran Zaffuto Michael Constantine Marsh Walter P. Loughlin |
| M.A.G. Capital, LLC Defendant |
Annie Tran Zaffuto Michael Constantine Marsh Walter P. Loughlin |
| David Firestone Defendant |
Annie Tran Zaffuto Michael Constantine Marsh Walter P. Loughlin |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2007-08-24 | 1 | 0 | COMPLAINT against Mercator Momentum Fund, L.P, M.A.G. Capital, LLC, David Firestone Filing fee $ 350. Receipt#: 965402, filed by Joseph Umbach.(ail) (Entered: 08/24/2007) | |||
| 2007-08-24 | 2 | 0 | Summons Issued as to Mercator Momentum Fund, L.P, M.A.G. Capital, LLC, David Firestone. (ail) (Entered: 08/24/2007) | |||
| 2007-08-24 | 3 | 0 | MOTION for Temporary Restraining Order AND MOTION for Preliminary Injunction Barring Distribution, Liquidation or other Disposition of Assets With Memorandum of Law in Support attached by Joseph Umbach. Responses due by 9/10/2007 (ail) (Entered: 08/24/2007) | |||
| 2007-08-27 | 4 | 0 | PRETRIAL ORDER; Failure to comply with this order or to exchange the information listed in this order may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1 M.Signed by Judge K. Michael Moore on 8/27/2007.(ag) (Entered: 08/27/2007) | |||
| 2007-08-28 | 5 | 0 | Emergency MOTION for Hearing re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Joseph Umbach. (Gassenheimer, James) (Entered: 08/28/2007) | |||
| 2007-08-29 | 6 | 0 | ORDER denying 3 Motion for Temporary Restraining Order, denying 3 Motion for Preliminary Injunction, denying 5 Motion for Hearing Signed by Judge K. Michael Moore on 8/29/2007. (ag) (Entered: 08/29/2007) | |||
| 2007-08-29 | 7 | 0 | Notice of Instruction to Filer re 5 Emergency MOTION for Hearing re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Joseph Umbach.Please note all Emergency Motions must be filed conventionally in the Clerk's office where the Judge is chambered. Please refer to Rule 5F of the CM/ECF Administrative Procedures. Your cooperation in this matter is greatly appreciated. (gw) (Entered: 08/29/2007) | |||
| 2007-08-30 | 8 | 0 | ORDER DENYING Plaintiff's Motion for Temporary Restraining Order and Preliminary Injuction Barring Distribution, Liquidation or other disposition of Assets.Signed by Judge K. Michael Moore on 8/29/2007.(ag) (Entered: 08/30/2007) | |||
| 2007-08-31 | 9 | 0 | MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Attorney Edward Toptani, Filing Fee $75, Receipt #965729. (cw) (Entered: 09/04/2007) | |||
| 2007-08-31 | 10 | 0 | MOTION for Limited Appearance, Consent to Designate and Request to Electronically Receive Notices of Electronic Filings for Attorney Gabriel Fischbarg, Filing Fee $75, Receipt #965729. (cw) (Entered: 09/04/2007) | |||
| 2007-09-07 | 11 | 0 | AMENDED COMPLAINT, filed by Joseph Umbach.(Ramos, Eduardo) (Entered: 09/07/2007) | |||
| 2007-09-11 | 12 | 0 | ORDER granting 9 Motion to Appear Pro Hac Vice - Edward Toptani, Esq., granting 10 Motion to Appear Pro Hac Vice - Gabriel Fischbarg, Esq. Signed by Judge K. Michael Moore on 9/10/07. (rg1) (Entered: 09/11/2007) | |||
| 2007-09-12 | 13 | 0 | MOTION to Withdraw as Attorney by Joseph Umbach. Responses due by 9/26/2007 (Klein, Monica) (Entered: 09/12/2007) | |||
| 2007-09-13 | 14 | 0 | AFFIDAVIT of Service for Summons, Complaint, Request for TRO and Preliminary Injunction served on Mercator Momentum Fund, L.P. on August 28, 2007, filed by Joseph Umbach. (Attachments: # 1 Affidavit Affidavit of Service)(Ramos, Eduardo) (Entered: 09/13/2007) | |||
| 2007-09-13 | 15 | 0 | AFFIDAVIT of Service for Summons, Complaint, Request for TRO and Preliminary Injunction served on M.A.G. Capital, LLC on August 28, 2007, filed by Joseph Umbach. (Attachments: # 1 Affidavit Affidavit of Service)(Ramos, Eduardo) (Entered: 09/13/2007) | |||
| 2007-09-13 | 16 | 0 | SUMMONS Returned Executed by Joseph Umbach. Mercator Momentum Fund, L.P served on 8/28/2007, answer due 9/17/2007. Re-Docketed from 14 . (gw) (Entered: 09/14/2007) | |||
| 2007-09-13 | 17 | 0 | SUMMONS Returned Executed by Joseph Umbach. M.A.G. Capital, LLC served on 8/28/2007, answer due 9/17/2007. Re-docketed from 15 . (gw) (Entered: 09/14/2007) | |||
| 2007-09-14 | 18 | 0 | Notice of Docket Correction: re 14 Affidavit of Service filed by Joseph Umbach and 15 Affidavit of Service filed by Joseph Umbach. Error: Wrong Event Selected; Corrected As 16 Summons Returned Executed filed by Joseph Umbach and 17 Summons Returned Executed filed by Joseph Umbach. In the future, please select the filing event "Summons Returned Executed" found under "Service of Process". Your cooperation in this matter is greatly appreciated. (gw) (Entered: 09/14/2007) | |||
| 2007-09-13 | 19 | 0 | Emergency MOTION for Hearing and MOTION for Preliminary Injunction preventing the distribution, liquidation or other disposition of fund Assets, Supporting Declaration of Joseph Umbach by Joseph Umbach. (ail) (Entered: 09/14/2007) | |||
| 2007-09-13 | 20 | 0 | MEMORANDUM in Support re 19 Emergency MOTION for Hearing and MOTION for Preliminary Injunction preventing the distribution, liquidation or other disposition of fund Assets, Supporting Declaration of Joseph Umbach by Joseph Umbach filed by Joseph Umbach. (ail) (Entered: 09/14/2007) | |||
| 2007-09-14 | 21 | 0 | ORDER granting 13 Motion to Withdraw as Attorney. Attorney James Daryl Gassenheimer and Raymie E. Walsh terminated Signed by Judge K. Michael Moore on 9/13/07. (rg1) (Entered: 09/14/2007) | |||
| 2007-09-19 | 22 | 0 | ORDER REFERRING MOTION to Magistrate Judge Barry L. Garber 19 MOTION for Preliminary Injunction MOTION for Hearing filed by Joseph Umbach, Signed by Judge K. Michael Moore on 9/18/07.(rg1) (Entered: 09/19/2007) | |||
| 2007-09-18 | 23 | 0 | Emergency motion for Hearing, MOTION for Preliminary Injunction,and MOTION for Temporary Restraining Order, Verification by Joseph Umbach of Amended Complaint, Declaration, Memorandum of Law Attached by Joseph Umbach. Responses due by 10/2/2007 (ail) (Entered: 09/19/2007) | |||
| 2007-09-18 | 24 | 0 | NOTICE OF CONVENTIONAL FILING of 23 Emergency motion for Hearing, MOTION for Preliminary Injunction,and MOTION for Temporary Restraining Order, Verification by Joseph Umbach of Amended Complaint, Declaration, Memorandum of Law Attached by Joseph Umbach. (ail) (Entered: 09/19/2007) | |||
| 2007-09-18 | 25 | 0 | Declaration of Joseph Umbach in Support re 23 Emergency motion for Hearing, MOTION for Temporary Restraining Order,and MOTION for Preliminary Injunction, Preventing the Distribution, Liquidation or other Disposition of Fund Assets filed by Joseph Umbach. (ail) (Entered: 09/19/2007) | |||
| 2007-09-19 | 26 | 0 | NOTICE OF CONVENTIONAL FILING of 25 Declaration of Joseph Umbach in Support re 23 Emergency motion for Hearing, MOTION for Temporary Restraining Order,and MOTION for Preliminary Injunction, Preventing the Distribution, Liquidation or other Disposition of Fund Assets filed by Joseph Umbach by Joseph Umbach (ail) (Entered: 09/19/2007) | |||
| 2007-09-21 | 27 | 0 | ORDER Setting Hearing on Motion 19 MOTION for Preliminary Injunction. Hearing set for 9/27/2007, at 10:00 AM in Miami before Magistrate Judge Barry L. Garber.Signed by Magistrate Judge Barry L. Garber on 9/21/07.(cc) (Entered: 09/21/2007) | |||
| 2007-09-24 | 28 | 0 | NOTICE of Attorney Appearance by Annie Tran Zaffuto on behalf of all defendants (Zaffuto, Annie) (Entered: 09/24/2007) | |||
| 2007-09-24 | 29 | 0 | NOTICE of Attorney Appearance by Michael Constantine Marsh on behalf of Mercator Momentum Fund, L.P, M.A.G. Capital, LLC, David Firestone (Marsh, Michael) (Entered: 09/24/2007) | |||
| 2007-09-24 | 30 | 0 | MOTION to Dismiss for Lack of Jurisdiction 11 Amended Complaint and for Improper Venue, and to Compel Arbitration by Mercator Momentum Fund, L.P, M.A.G. Capital, LLC, David Firestone. Responses due by 10/9/2007 (Attachments: # 1 Exhibit Exhibit A - Limited Partnership Agreement# 2 Exhibit Exhibit B - Subscription Agreement# 3 Exhibit Exhibit C - Declaration of David Firestone)(Zaffuto, Annie) (Entered: 09/24/2007) | |||
| 2007-09-24 | 31 | 0 | RESPONSE in Opposition re 19 MOTION for Preliminary Injunction MOTION for Hearing filed by Mercator Momentum Fund, L.P, M.A.G. Capital, LLC, David Firestone. (Attachments: # 1 Exhibit Exhibit A - Limited Partnership Agreement# 2 Exhibit Exhibit B - Subscription Agreement# 3 Exhibit Exhibit C - Mercator Confidential Private Placement Memorandum)(Zaffuto, Annie) (Entered: 09/24/2007) | |||
| 2007-09-24 | 32 | 0 | SUMMONS Returned Executed by Joseph Umbach. David Firestone served on 9/12/2007, answer due 10/2/2007. (Attachments: # 1 Exhibit Proof of Service)(Ramos, Eduardo) (Entered: 09/24/2007) | |||
| 2007-09-24 | 33 | 0 | Plaintiff's MOTION Return of Monies Paid to the Gassenheimer Law Firm by Plaintiff by Joseph Umbach. (Attachments: # 1 Affidavit of Gabriel Fischbarg in Support of Motion for the Return of Monies Paid to the Gassenheimer Law Firm by Plaintiff)(Ramos, Eduardo) (Entered: 09/24/2007) | |||
| 2007-09-25 | 34 | 0 | Minute Entry for proceedings held before Judge Barry L. Garber : Status Conference held on 9/25/2007. (Tape #not recorded.) (ks) (Entered: 09/25/2007) | |||
| 2007-09-26 | 35 | 0 | ORDER, Reset Deadlines as to 23 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order, 19 MOTION for Preliminary Injunction. Hearing set for 10/9/2007, at 11 AM in Miami before Magistrate Judge Barry L. Garber. Signed by Magistrate Judge Barry L. Garber on 9/26/07.(cc) (Entered: 09/26/2007) | |||
| 2007-09-27 | 36 | 0 | ORDER REFERRING MOTION to Magistrate Judge Barry L. Garber 33 Plaintiff's MOTION Return of Monies Paid to the Gassenheimer Law Firm by Plaintiff filed by Joseph Umbach, Signed by Judge K. Michael Moore on 9/26/07.(rg1) (Entered: 09/27/2007) | |||
| 2007-09-28 | 37 | 0 | RESPONSE in Opposition re 30 MOTION to Dismiss for Lack of Jurisdiction 11 Amended Complaint and for Improper Venue, and to Compel Arbitration filed by Joseph Umbach. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Ramos, Eduardo) (Entered: 09/28/2007) | |||
| 2007-09-27 | 38 | 0 | MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Attorney Walter P. Loughlin, Filing Fee $75, Receipt #967312. (Attachments: # 1 Certification of Walter P. Loughlin)(cw) (Entered: 10/01/2007) | |||
| 2007-10-01 | 39 | 0 | REPLY to Response to Motion re 19 MOTION for Preliminary Injunction MOTION for Hearing filed by Joseph Umbach. (Attachments: # 1 Exhibit September 17, 2007 Letter)(Ramos, Eduardo) (Entered: 10/01/2007) | |||
| 2007-10-03 | 40 | 0 | ORDER granting 38 Motion to Appear Pro Hac Vice- Walter P. Loughlin.Signed by Judge K. Michael Moore on 10/3/07. (rg1) (Entered: 10/03/2007) | |||
| 2007-10-03 | 41 | 0 | REPLY to Response to Motion re 30 MOTION to Dismiss for Lack of Jurisdiction 11 Amended Complaint and for Improper Venue, and to Compel Arbitration filed by Mercator Momentum Fund, L.P, M.A.G. Capital, LLC, David Firestone. (Attachments: # 1 Exhibit Acceptance Letter# 2 Exhibit Firestone Declaration)(Zaffuto, Annie) (Entered: 10/03/2007) | |||
| 2007-10-04 | 42 | 0 | REPLY to Response to Motion re 33 Plaintiff's MOTION Return of Monies Paid to the Gassenheimer Law Firm by Plaintiff filed by Joseph Umbach. (Klein, Monica) (Entered: 10/04/2007) | |||
| 2007-10-05 | 43 | 0 | ORDER granting in part 30 Motion to Dismiss for Improper Venue and Lack of Personal Jurisdiction, and to Compel Arbitration. CASE CLOSED.Signed by Judge K. Michael Moore on 10/5/07. (rg1) (Entered: 10/05/2007) | |||
| 2007-10-05 | 44 | 0 | ORDER Cancelling motion hearing set for 10/9/07.Signed by Magistrate Judge Barry L. Garber on 10/5/07.(lk) (Entered: 10/05/2007) | |||
| 2007-10-08 | 45 | 0 | Plaintiff's MOTION for Reconsideration re 43 Order on Motion to Dismiss/Lack of Jurisdiction Requesting Transfer of Lawsuit to the Central District of California (Western Division) by Joseph Umbach. (Ramos, Eduardo) (Entered: 10/08/2007) | |||
| 2007-10-08 | 46 | 0 | MOTION to Lift Stay Preserving Status Quo by Mercator Momentum Fund, L.P, M.A.G. Capital, LLC, David Firestone. (Attachments: # 1 Text of Proposed Order Re: Defendants' Motion to Lift Stay)(Zaffuto, Annie) (Entered: 10/08/2007) | |||
| 2007-10-09 | 47 | 0 | RESPONSE in Opposition re 46 MOTION to Lift Stay Preserving Status Quo filed by Joseph Umbach. (Ramos, Eduardo) (Entered: 10/09/2007) | |||
| 2007-10-09 | 48 | 0 | ORDER granting 45 Motion for Reconsideration re 45 Plaintiff's MOTION for Reconsideration re 43 Order on Motion to Dismiss/Lack of Jurisdiction Requesting Transfer of Lawsuit to the Central District of California (Western Division) filed by Joseph Umbach. Signed by Judge K. Michael Moore on 10/9/07. (rg1) (Entered: 10/09/2007) | |||
| 2007-10-10 | 49 | 0 | ORDER granting 46 Motion to Lift Stay. Signed by Magistrate Judge Barry L. Garber on 10/10/07. (cc) (Entered: 10/10/2007) | |||
| 2007-10-10 | 50 | 0 | Transmittal Letter Sent With Certified copies of Order of Transfer and Docket Sheet, To: Central District of California (Western Division) (wc) (Entered: 10/10/2007) | |||
| 2007-10-26 | 51 | 0 | ACKNOWLEDGEMENT OF RECEIPT as to 50 Transmittal Letter Sent re 48 Order on Motion for Reconsideration; and Order of Transfer, (lh) (Entered: 10/26/2007) |