Libertas Funding, LLC v. Blue Line Aviation, LLC et al
| New York Western District Court | |
| Judge: | Charles J Siragusa |
| Referred: | Marian W Payson |
| Case #: | 6:24-cv-06417 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Contract Dispute |
| Case Filed: | Jul 02, 2024 |
| Last checked: Saturday Aug 17, 2024 8:31 AM EDT |
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Counter Claimant
Blue Line Aviation, LLC
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Represented By
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Counter Claimant
Genav Management and Marketing LTD
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Represented By
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Counter Claimant
Kelsey Lee Walters
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Represented By
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Counter Claimant
Charles Ray Walters III
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Represented By
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Counter Defendant
Libertas Funding, LLC
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Represented By
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Defendant
Blue Line Aviation, LLC
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Represented By
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Defendant
Genav Management and Marketing LTD
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Represented By
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Defendant
Kelsey Lee Walters
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Represented By
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Defendant
Charles Ray Walters III
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Represented By
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Plaintiff
Libertas Funding, LLC
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Represented By
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| Docket last updated: 4 hours ago |
| Wednesday, August 21, 2024 | ||
| 28 | 28
misc
Corporate Disclosure Statement
Wed 08/21 6:32 PM
Corporate Disclosure Statement by Libertas Funding, LLC. (Wells, Steven) |
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| 27 | 27
order
Scheduling Order
Wed 08/21 5:23 PM
SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Stipulation of Selection of Mediator due by 9/18/2024. First Mediation Session due by 11/13/2024. Mandatory Disclosures due by 9/25/2024. Motions to Join Parties/Amend Pleadings due by 11/15/2024. Fact Discovery to be completed by 2/12/2025. Expert Witness ID/Reports for party with burden of proof due by 2/19/2025. Rebuttal Expert Witness ID/Reports due by 3/19/2025. Expert Discovery to be completed by 4/30/2025. Dispositive Motions due by 6/4/2025. Signed by Hon. Marian W. Payson on 8/21/2024. (KAH) |
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minutes
Scheduling Conference
Wed 08/21 3:41 PM
Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Scheduling Conference held on 8/21/2024. Plaintiff's counsel will file the Corporate Disclosure Statement as soon as possible. Scheduling Order to issue. Appearances: Steven W. Wells, Esq. for plaintiff; Jamey M. Lowdermilk, Esq. and Jeffrey E. Oleynik, Esq. for defendants. (KAH) |
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| Tuesday, August 20, 2024 | ||
| 25 | 25
discov
Discovery Plan
Tue 08/20 12:26 PM
DISCOVERY PLAN by Blue Line Aviation, LLC, Kelsey Lee Walters, Charles Ray Walters III.(Lowdermilk, Jamey) |
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| Monday, August 19, 2024 | ||
| 24 | 24
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Mon 08/19 2:14 PM
LETTER ORDER granting23 plaintiff's unopposed motion for extension of time to respond to defendants' counterclaims. Plaintiff shall respond to defendants' counterclaims by no later than 9/9/2024. Signed by Hon. Marian W. Payson on 8/19/2024. (KAH) |
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| 23 | 23
motion
Extension of Time to File Response/Reply
Mon 08/19 12:35 PM
MOTION for Extension of Time to File Response/Reply as to10 Answer to Complaint, Counterclaim by Libertas Funding, LLC. (Wells, Steven) |
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| 22 | 22
notice
Notice of Appearance
Mon 08/19 11:44 AM
NOTICE of Appearance by Steven W. Wells on behalf of Libertas Funding, LLC (Wells, Steven) |
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| 21 | 21
order
Text Order
Mon 08/19 10:07 AM
TEXT ORDER Unless the parties stipulate to a different briefing schedule, briefing on the motion to dismiss16 filed by Genav Management and Marketing LTD shall be as provided for in Rule 7(b)(2)(B) of the Local Rules of Civil Procedure ("The opposing party shall have fourteen (14) days afterservice of the motion to file and serve responding papers, and the moving party shall have seven (7) days after service of the responding papers to file and serve reply papers."). Unless the Court issues a separate order scheduling oral argument, the Court will not hear oral argument and will issue a written decision at its earliest opportunity. Signed by Hon. Charles J. Siragusa on 8/19/2024. (MJK) |
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utility
Update Answer Due Date
Mon 08/19 2:16 PM
Answer due date updated as to Libertas Funding, LLC answer due 9/9/2024. (KAH) |
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| Friday, August 16, 2024 | ||
| 20 | 20
1
pgs
order
Order on Motion for Pro Hac Vice
Fri 08/16 5:09 PM
ORDER granting15 Motion for Pro Hac Vice for Jeffrey E. Oleynik to appear for the defendants. Signed by Hon. Marian W. Payson on 8/16/2024. (LMD) |
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| 19 | 19
1
pgs
order
Order on Motion for Pro Hac Vice
Fri 08/16 5:02 PM
ORDER granting14 Motion for Pro Hac Vice for Jamey M. Lowdermilk to appear for the defendants. Signed by Hon. Marian W. Payson on 8/16/2024. (LMD) |
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| 18 | 18
1
pgs
order
Order
Fri 08/16 4:49 PM
LETTER ORDER denying request to adjourn the Rule 16 scheduling conference. The Telephonic Rule 16 Scheduling Conference will proceed as scheduled on August 21, 2024 , at 11:15 a.m. The Court will extend counsels' time to meet and confer and to file the proposed discovery plan ("PDP"). The PDP shall be filed by no later than 5:00 p.m. on August 20, 2024 . Signed by Hon. Marian W. Payson on 8/16/2024. (KAH) |
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| 17 | 17
8
pgs
respm
Memorandum in Support of Motion
Fri 08/16 11:16 AM
MEMORANDUM in Support re16 MOTION to Dismiss for Lack of Jurisdiction Defendant Genav Management and Marketing LTD's Notice of Motion To Dismiss For Lack of Personal Jurisdiction and Service of Process filed by Genav Management and Marketing LTD. (Heskin, Shane) |
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| 16 | 16
motion
Dismiss/Lack of Jurisdiction
Fri 08/16 11:13 AM
MOTION to Dismiss for Lack of Jurisdiction Defendant Genav Management and Marketing LTD's Notice of Motion To Dismiss For Lack of Personal Jurisdiction and Service of Process by Genav Management and Marketing LTD.(Heskin, Shane) |
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Att: 1
Exhibit A - Affidavit of Charles Ray Walters, Jr.,
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Att: 2
Exhibit B - Affidavit of Charles Ray Walters, III
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| Wednesday, August 14, 2024 | ||
| 15 | 15
motion
Appear Pro Hac Vice
Wed 08/14 4:14 PM
MOTION to appear pro hac vice of Jeffrey E. Oleynik on behalf of Defendants ( Filing fee $ 200 receipt number ANYWDC-5256705.) by Blue Line Aviation, LLC, Genav Management and Marketing LTD, Kelsey Lee Walters, Charles Ray Walters III.(Heskin, Shane) |
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Att: 1
Exhibit Notice of Motion,
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Att: 2
Exhibit A - Admission Petition Form,
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Att: 3
Exhibit B - Admission Sponsor Affidavit,
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Att: 4
Exhibit C - Attorney's Oath,
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Att: 5
Exhibit D - Civility Principles and Guidelines Oath,
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Att: 6
Exhibit E - Completed Attorney Database and Electronic Case Filing Registration Form,
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Att: 7
Exhibit F - Certificate of Good Standing from the Supreme Court of North Carolina, where Attorney Oleynik resides and regularly practices law
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| 14 | 14
motion
Appear Pro Hac Vice
Wed 08/14 3:30 PM
MOTION to appear pro hac vice of Jamey M. Lowdermilk on behalf of Defendants ( Filing fee $ 200 receipt number ANYWDC-5256585.) by Blue Line Aviation, LLC, Genav Management and Marketing LTD, Kelsey Lee Walters, Charles Ray Walters III.(Heskin, Shane) |
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Att: 1
Exhibit Notice of Motion,
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Att: 2
Exhibit A - Admission Petition Form,
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Att: 3
Exhibit B - Admission Sponsor Affidavit,
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Att: 4
Exhibit C - Attorney's Oath,
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Att: 5
Exhibit D - Civility Principles and Guidelines Oath,
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Att: 6
Exhibit E - Completed Attorney Database and Electronic Case Filing Registration Form,
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Att: 7
Exhibit F - Certificate of Good Standing from the Supreme Court of North Carolina, where Attorney Lowdermilk resides and regularly practices law
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| Monday, August 05, 2024 | ||
| 13 | 13
1
pgs
order
Order ~Util - Set Hearings
Mon 08/05 1:52 PM
LETTER ORDER granting request to reschedule the 8/20/2024 Scheduling Conference. The Telephone Rule 16 Scheduling Conference is adjourned until 8/21/2024 at 11:15 AM before Hon. Marian W. Payson. Dial-in instructions will be emailed to counsel prior to the conference. Signed by Hon. Marian W. Payson on 8/5/2024. (KAH) |
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| Tuesday, July 30, 2024 | ||
| 12 | 12
4
pgs
order
Order ~Util - Set Hearings
Tue 07/30 11:36 AM
ORDER ( Telephone Scheduling Conference set for 8/20/2024 at 10:40 AM before Hon. Marian W. Payson. Counsel will be provided dial-in instructions by email prior to the conference. ) Signed by Hon. Marian W. Payson on 07/30/2024. (KAH) |
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| Thursday, July 25, 2024 | ||
| 11 | 11
order
Order Referring Case to Magistrate Judge
Thu 07/25 10:28 AM
TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. All non-dispositive motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Copy of NEF mailed to Steven Zakharyayev, Esq. Signed by Hon. Charles J. Siragusa on 7/25/2024. (KJA) |
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| Tuesday, July 23, 2024 | ||
| 10 | 10
answer
Answer to Complaint Counterclaim
Tue 07/23 1:19 PM
ANSWER to Complaint , COUNTERCLAIM against Libertas Funding, LLC by Charles Ray Walters III, Genav Management and Marketing LTD, Blue Line Aviation, LLC, Kelsey Lee Walters.(Heskin, Shane) |
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Att: 1
Exhibit A - Libertas SOS NY CT,
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Att: 2
Exhibit B - Libertas re Max Payback 2023-10-16,
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Att: 3
Exhibit C - Libertas re Total Repayment 2024-10-26,
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Att: 4
Exhibit D - Libertas re No Pause 2023-11-07,
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Att: 5
Exhibit E - Blue Line re Pause 2024-03-01,
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Att: 6
Exhibit F - Blue Line re Payment Reduction 2024-03-29,
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Att: 7
Exhibit G - Libertas re Other Funders 2024-03-29,
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Att: 8
Exhibit H - Blue Line - re Conference 2024-04-09,
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Att: 9
Exhibit I - Libertas re ACH Ix 2024-04-26,
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Att: 10
Exhibit J - Blue Line re ACH Payment 2024-04-29,
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Att: 11
Exhibit K - Blue Line re Responsiveness 2024-04-30,
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Att: 12
Exhibit L - Libertas Notice of Default,
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Att: 13
Exhibit M - Blue Line Submission of Statements 2024-05-02,
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Att: 14
Exhibit N - Libertas re Minimum Payments 2024-05-10,
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Att: 15
Exhibit O - Empire re Bankruptcy 2024-05-15,
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Att: 16
Exhibit P - Blue Line re Statements 2024-05-15,
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Att: 17
Exhibit Q - Empire re Settlement 2024-05-15
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| Wednesday, July 10, 2024 | ||
| 9 | 9
2
pgs
order
Order on Motion for Extension of Time to Answer
Wed 07/10 9:43 AM
ORDER granting8 Motion for Extension of Time to Answer re8 MOTION for Extension of Time to File Answer re1 Notice of Removal,,, Stipulation and Proposed Order Extending Time For Defendants To Answer or Respond To Plaintiffs' Complaint All Defendants until July 23, 2024. Signed by Hon. Charles J. Siragusa on 7/10/2024. (MJK) |
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utility
Update Answer Due Date
Wed 07/10 10:34 AM
Answer due date updated as to All Defendants. (RE) |
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| Tuesday, July 09, 2024 | ||
| 8 | 8
motion
Extension of Time to File Answer
Tue 07/09 2:00 PM
MOTION for Extension of Time to File Answer re1 Notice of Removal,,, Stipulation and Proposed Order Extending Time For Defendants To Answer or Respond To Plaintiffs' Complaint by Blue Line Aviation, LLC, Genav Management and Marketing LTD, Kelsey Lee Walters, Charles Ray Walters III.(Heskin, Shane) |
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| Monday, July 08, 2024 | ||
| 7 | 7
misc
Corporate Disclosure Statement
Mon 07/08 2:00 PM
Corporate Disclosure Statement by Genav Management and Marketing LTD. (Heskin, Shane) |
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| 6 | 6
misc
Corporate Disclosure Statement
Mon 07/08 1:58 PM
Corporate Disclosure Statement by Blue Line Aviation, LLC. (Heskin, Shane) |
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utility
Remark
Mon 07/08 10:43 AM
ATTENTION ALL PARTIES OR INTERVENORS: Pursuant to Fed. R. Civ. P. 7.1 and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed with first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM) |
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| Wednesday, July 03, 2024 | ||
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utility
Case Assigned/Reassigned
Wed 07/03 2:12 PM
Case assigned to Hon. Charles J. Siragusa. Notification to chambers of online civil opening. (LB) |
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adr
Automatic Referral to Mediation
Wed 07/03 2:13 PM
AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's[LINK:ADR webpage] and/or contact the Court's ADR Administrator at[LINK:adrprogram@nywd.uscourts.gov] . Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the [LINK:ADR Plan] and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan.(LB) |
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notice
Notice of Availability of Magistrate Judge
Wed 07/03 2:13 PM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (LB) |
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| Tuesday, July 02, 2024 | ||
| 5 | 5
service
Affidavit of Service
Tue 07/02 12:03 PM
AFFIDAVIT of Service for Notice of Removal and Exhibits [Doc Nos. 1 through 1-7], Civil Cover Sheet [Doc No. 2], Corporate Disclosure Statements [Doc Nos. 3 and 4] served on Plaintiff's Counsel, Steven Zakharyayev on July 2, 2024, filed by Blue Line Aviation, LLC, Genav Management and Marketing LTD, Kelsey Lee Walters, Charles Ray Walters III.(Heskin, Shane) |
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Att: 1
Exhibit A - NYSCEF Confirmation Notice
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| 4 | 4
misc
Corporate Disclosure Statement
Tue 07/02 11:31 AM
Corporate Disclosure Statement by Genav Management and Marketing LTD. (Heskin, Shane) |
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| 3 | 3
misc
Corporate Disclosure Statement
Tue 07/02 11:30 AM
Corporate Disclosure Statement by Blue Line Aviation, LLC. (Heskin, Shane) |
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| 2 | 2
misc
Continuation of Exhibits
Tue 07/02 11:28 AM
CONTINUATION OF EXHIBITS to1 Notice of Removal,,, Civil Cover Sheet . (Heskin, Shane) |
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| 1 | 1
notice
Notice of Removal
Tue 07/02 11:22 AM
NOTICE OF REMOVAL by Charles Ray Walters III, Genav Management and Marketing LTD, Blue Line Aviation, LLC, Kelsey Lee Walters from Supreme Court of the State of New York, County of Monroe, case number E2024008226. (Filing fee $ 405 receipt number ANYWDC-5222172), filed by Charles Ray Walters III, Genav Management and Marketing LTD, Blue Line Aviation, LLC, Kelsey Lee Walters.(Heskin, Shane) |
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Att: 1
9 pgs
Exhibit A - Summons and Complaint,
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Att: 2
Exhibit B - Bookmarked State Court Docket Index and All Documents Filed in State Court Action,
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Att: 3
Exhibit C - USPS Tracking Results re: Libertas Services,
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Att: 4
Exhibit D - Libertas CT Registration,
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Att: 5
Exhibit E - Blue Line NC Registration,
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Att: 6
Exhibit F - Genav Management NC Registration,
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Att: 7
Exhibit G - Genav Management NC Filings
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