New York Eastern District Court
Judge:Lashann Dearcy Hall
Referred: Vera M Scanlon
Case #: 1:24-cv-06208
Nature of Suit370 Torts - Personal Property - Other Fraud
Cause15:1601 Truth in Lending
Case Filed:Sep 05, 2024
Last checked: Tuesday Mar 04, 2025 3:24 AM EST
Defendant
ATTYX LLC
Represented By
Bret Lawrence McCabe
Forchelli, Deegan, Terrana, LLP
contact info
Jacqueline Ann Rappel
Forchelli Deegan Terrana
contact info
David A. Loglisci
Forchelli Curto Deegan Schwartz Mineo & Terrana LLP
contact info
Defendant
ATTYX Utah LLC
Represented By
Bret Lawrence McCabe
Forchelli, Deegan, Terrana, LLP
contact info
Jacqueline Ann Rappel
Forchelli Deegan Terrana
contact info
David A. Loglisci
Forchelli Curto Deegan Schwartz Mineo & Terrana LLP
contact info
Defendant
SUNCo Capital, LLC
Represented By
Bret Lawrence McCabe
Forchelli, Deegan, Terrana, LLP
contact info
Jacqueline Ann Rappel
Forchelli Deegan Terrana
contact info
David A. Loglisci
Forchelli Curto Deegan Schwartz Mineo & Terrana LLP
contact info
Defendant
Solar Mosaic, LLC
Represented By
Shannon Z. Petersen
Sheppard Mullin
contact info
Sophia Louise Cahill
Sheppard Mullin Richter & Hampton LLP
contact info
David A. Loglisci
Forchelli Curto Deegan Schwartz Mineo & Terrana LLP
contact info
Robert Guite
Sheppard Mullin Richter & Hampton LLP
contact info
Defendant
Webbank
Represented By
Shannon Z. Petersen
Sheppard Mullin
contact info
Sophia Louise Cahill
Sheppard Mullin Richter & Hampton LLP
contact info
David A. Loglisci
Forchelli Curto Deegan Schwartz Mineo & Terrana LLP
contact info
Robert Guite
Sheppard Mullin Richter & Hampton LLP
contact info
Plaintiff
Claver Campbell
Represented By
Pavita Krishnaswamy
The Legal Aid Society
contact info
Jennifer Nicole Levy
The Legal Aid Society
contact info
Elizabeth Mary Lynch
The Legal Aid Society
contact info
Claire P. Mooney
The Legal Aid Society
contact info


Docket last updated: 04/23/2025 11:59 PM EDT
Friday, April 11, 2025
40 40 misc Letter Fri 04/11 5:18 PM
Letter Joint Letter by Claver Campbell (Levy, Jennifer)
Related: [-]
Friday, February 28, 2025
39 39 misc Status Report Fri 02/28 9:18 PM
STATUS REPORT Joint Status Letter by ATTYX LLC, ATTYX Utah LLC, SUNCo Capital, LLC (Loglisci, David)
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Friday, February 14, 2025
order Status Report Order Fri 02/14 4:59 PM
ORDER: Parties' request38 for an extension of time to file a joint status letter informing the Court of the status of settlement discussions until February 28, 2025 is GRANTED. Ordered by Judge LaShann DeArcy Hall on 2/14/2025. (CG)
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Friday, January 31, 2025
38 38 misc Letter Fri 01/31 12:02 PM
Letter Joint Settlement Status Letter by Claver Campbell (Levy, Jennifer)
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Thursday, December 26, 2024
order Order on Motion for Extension of Time to File Thu 12/26 11:06 AM
ORDER finding as moot36 Motion for Extension of Time to File. Ordered by Magistrate Judge Vera M. Scanlon on 12/26/2024. (SH)
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order Order on Motion for Extension of Time to File Thu 12/26 11:08 AM
ORDER. The motion for an extension of time to file the Joint Proposed Civil Case Management Plan (the "CMP") at ECF No.37 is granted. The deadline for filing the CMP is adjourned sine die and will be reset if and when the initial conference is rescheduled, per the 12/6/2024 Order. In view of the foregoing, the Court finds the motion at ECF No.36 to be moot. Ordered by Magistrate Judge Vera M. Scanlon on 12/26/2024. (SH)
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Friday, December 20, 2024
37 37 misc Letter Fri 12/20 2:14 PM
Letter CORRECTED to The Hon. Vera M. Scanlon re Adj CMP date by Claver Campbell (Lynch, Elizabeth)
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36 36 misc Letter Fri 12/20 2:08 PM
Letter to the Hon. Vera M. Scanlon re CMP Submission by Claver Campbell (Lynch, Elizabeth)
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Tuesday, December 17, 2024
35 35 notice Notice of Appearance Tue 12/17 12:53 PM
NOTICE of Appearance by Pavita Krishnaswamy on behalf of Claver Campbell (aty to be noticed) (Krishnaswamy, Pavita)
Related: [-]
34 34 notice Notice of Appearance Tue 12/17 9:17 AM
NOTICE of Appearance by Jacqueline Ann Rappel on behalf of SUNCo Capital, LLC, ATTYX Utah LLC, ATTYX LLC (aty to be noticed) (Rappel, Jacqueline)
Related: [-]
Tuesday, December 10, 2024
33 33 misc Letter Tue 12/10 1:10 PM
Letter Opposition Letter by Claver Campbell (Levy, Jennifer)
Related: [-]
32 32 notice Notice of Appearance Tue 12/10 10:30 AM
NOTICE of Appearance by Sophia Louise Cahill on behalf of Solar Mosaic, LLC, Webbank (aty to be noticed) (Cahill, Sophia)
Related: [-]
Monday, December 09, 2024
31 31 notice Notice of Appearance Mon 12/09 10:48 AM
NOTICE of Appearance by Bret Lawrence McCabe on behalf of SUNCo Capital, LLC, ATTYX Utah LLC, ATTYX LLC (aty to be noticed) (McCabe, Bret)
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Friday, December 06, 2024
order 1 - Terminate Deadlines and Hearings Fri 12/06 2:19 PM
ORDER. In light of the pending motions to compel arbitration and for a pre-motion conference, the initial conference scheduled for 1/15/2025 is adjourned sine die . Within seven days of a resolution of the proposed motions, if the case continues in this Court, the parties are to file a letter request for an initial conference with the Magistrate Judge. Ordered by Magistrate Judge Vera M. Scanlon on 12/6/2024. (SH)
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order Scheduling Order Fri 12/06 11:40 PM
SCHEDULING ORDER: The parties are directed to appear for a status conference before Judge LaShann DeArcy Hall on December 17, 2024, at 3:30 p.m., in Courtroom 4H North. At the status conference, the Court will address the SUNco Defendants' request26 for a pre-motion conference in connection with their anticipated motion to dismiss the complaint pursuant to Rule 12(b)(6), and their anticipated motions to compel arbitration and to stay the action pending arbitration; the Mosaic and WebBank Defendants' motion27 to compel arbitration and stay proceedings; and the Mosaic and WebBank Defendants' consent motion30 to reset the briefing schedule related to their motion to compel arbitration and stay proceedings. Ordered by Judge LaShann DeArcy Hall on 12/6/2024. (CG)
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Thursday, December 05, 2024
order Status Report Order Thu 12/05 11:23 AM
ORDER: Defendants filed a letter27 requesting a pre-motion conference regarding their anticipated motion to dismiss Plaintiff's complaint, compel arbitration of the claims, and stay the action pending arbitration. In direct contravention of the Court's Individual Practices, Plaintiff filed a letter29 without citing to any legal authority in response to Defendants' anticipated motion to dismiss. ((J. DeArcy Hall Individual Practices, Section III.A(5).) On or before December 10, 2024, Plaintiff is directed to file a letter either opposing Defendants' request27 for a pre-motion conference or advising the Court that Plaintiff does not intend to oppose the motion. Any letter response must not exceed three (3) pages and must include a summary of the arguments to be set forth in opposition and contain sufficient legal authority. Failure to abide by this order may result in dismissal for failure to prosecute. Ordered by Judge LaShann DeArcy Hall on 12/5/2024. (CG)
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Friday, November 22, 2024
order Order on Motion to Withdraw as Attorney Fri 11/22 4:22 PM
ORDER. The notice of withdrawal at ECF No.25 , which the Court construes as a motion to withdraw, is denied without prejudice. Local Civil Rule 1.4 permits an attorney to "be relieved or displaced only by order of the court," which "may be issued after the filing of a motion to withdraw, only upon a showing by affidavit or otherwise satisfactory reasons for withdrawal or displacement, and the posture of the case, and whether or not the attorney is asserting a retaining or charging lien." Loc. Civ. R. 1.4. The Court notes that such an affidavit "is unnecessary...upon substitution of counsel by stipulation, if the stipulation is also signed by the client." Id. Additionally, "[a]ll motions to withdraw must be served on the client and...on all other parties," and "[p]roof of service on the client must be filed on the docket in each case where withdrawal is sought." Id. Counsel seeking to withdraw failed to satisfy the foregoing requirements. Counsel may re-file a motion that complies with the requirements of Local Civil Rule 1.4. Ordered by Magistrate Judge Vera M. Scanlon on 11/22/2024. (JR)
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Tuesday, November 19, 2024
30 30 motion Extension of Time to File Response/Reply Tue 11/19 10:58 AM
Consent MOTION for Extension of Time to File Response/Reply as to27 MOTION to Compel Arbitration and Stay Proceedings by Solar Mosaic, LLC, Webbank. (Petersen, Shannon)
Related: [-]
Friday, November 15, 2024
29 29 misc Letter Fri 11/15 3:49 PM
Letter Letter to Court by Claver Campbell (Levy, Jennifer)
Related: [-]
Friday, November 08, 2024
28 28 misc Letter Fri 11/08 5:24 PM
Letter re Co-Defendants' Letter Requesting a Pre-motion Conference (Doc. 26) by Solar Mosaic, LLC (Petersen, Shannon)
Related: [-]
27 27 2 pgs motion Compel Fri 11/08 5:20 PM
MOTION to Compel Arbitration and Stay Proceedings by Solar Mosaic, LLC. (Guite, Robert)
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Att: 1 Memorandum in Support,
Att: 2 Declaration of Shannon Z. Petersen in Support,
Att: 3 Declaration of Devon Treece in Support,
Att: 4 Exhibit A - First Loan Agreement,
Att: 5 Exhibit B - Notice of Cancellation,
Att: 6 Exhibit C - Second Loan Agreement,
Att: 7 Exhibit D - Transcription of Welcome Call Recording,
Att: 8 Exhibit E - Transcription of Welcome Call Recording,
Att: 9 Proposed Order
Thursday, November 07, 2024
26 26 motion Pre Motion Conference Thu 11/07 4:17 PM
Letter MOTION for pre motion conference by SUNCo Capital, LLC, ATTYX Utah LLC, ATTYX LLC. (Loglisci, David)
Related: [-]
Tuesday, October 15, 2024
order Order on Motion for Leave to Appear Pro Hac Vice Tue 10/15 5:35 PM
ORDER granting24 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Vera M. Scanlon on 10/15/2024. (JR)
Related: [-]
Monday, October 14, 2024
25 25 notice Notice(Other) Mon 10/14 1:29 PM
NOTICE by Solar Mosaic, LLC, Webbank Notice of Withdrawal of Representation of Solar Mosaic, LLC and WebBank (Loglisci, David)
Related: [-]
Friday, October 11, 2024
24 24 motion Appear Pro Hac Vice Fri 10/11 1:37 PM
MOTION to Appear Pro Hac Vice for Shannon Petersen Filing fee $ 200, receipt number ANYEDC-18380027 by Solar Mosaic, LLC, Webbank. (Petersen, Shannon)
Related: [-]
Att: 1 Affidavit of Shannon Petersen in Support of Pro Hac Vice Motion,
Att: 2 Exhibit Certificate of Good Standing
Thursday, October 10, 2024
23 23 misc Corporate Disclosure Statement Thu 10/10 12:07 PM
Corporate Disclosure Statement by Solar Mosaic, LLC, Webbank identifying Corporate Parent WebFinancial Holding Corporation, Corporate Parent Steel Partners Holdings L.P. for Webbank. (Guite, Robert)
Related: [-]
Tuesday, October 08, 2024
order Order on Motion for Extension of Time to Answer Tue 10/08 4:56 PM
ORDER granting21 Motion for Extension of Time to Answer. Defendants are to answer or otherwise respond to the complaint by 11/8/2024. Ordered by Magistrate Judge Vera M. Scanlon on 10/8/2024. (JR)
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Monday, October 07, 2024
22 22 notice Notice of Appearance Mon 10/07 3:45 PM
NOTICE of Appearance by Robert Guite on behalf of Solar Mosaic, LLC, Webbank (aty to be noticed) (Guite, Robert)
Related: [-]
Monday, September 30, 2024
21 21 motion Extension of Time to File Answer Mon 09/30 10:31 AM
Consent MOTION for Extension of Time to File Answer re1 Complaint, by ATTYX LLC, ATTYX Utah LLC, SUNCo Capital, LLC, Solar Mosaic, LLC, Webbank. (Loglisci, David)
Related: [-]
Monday, September 23, 2024
20 20 service Summons Returned Executed Mon 09/23 1:47 PM
SUMMONS Returned Executed by Claver Campbell. Solar Mosaic, LLC served on 9/17/2024, answer due 10/8/2024. (Lynch, Elizabeth)
Related: [-]
19 19 service Summons Returned Executed Mon 09/23 1:42 PM
SUMMONS Returned Executed by Claver Campbell. SUNCo Capital, LLC served on 9/11/2024, answer due 10/2/2024. (Lynch, Elizabeth)
Related: [-]
18 18 service Summons Returned Executed Mon 09/23 1:41 PM
SUMMONS Returned Executed by Claver Campbell. Webbank served on 9/11/2024, answer due 10/2/2024. (Lynch, Elizabeth)
Related: [-]
17 17 service Summons Returned Executed Mon 09/23 12:30 PM
SUMMONS Returned Executed by Claver Campbell. ATTYX Utah LLC served on 9/11/2024, answer due 10/2/2024. (Lynch, Elizabeth)
Related: [-]
16 16 service Summons Returned Executed Mon 09/23 12:28 PM
SUMMONS Returned Executed by Claver Campbell. ATTYX LLC served on 9/11/2024, answer due 10/2/2024. (Lynch, Elizabeth)
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Tuesday, September 17, 2024
15 15 misc Affidavit/Affirmation Tue 09/17 12:55 PM
AFFIDAVIT/AFFIRMATION of Service on ATTYX LLC by Claver Campbell (Lynch, Elizabeth)
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14 14 misc Affidavit/Affirmation Tue 09/17 12:53 PM
AFFIDAVIT/AFFIRMATION of Mailing to WebBank by Claver Campbell (Lynch, Elizabeth)
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13 13 misc Affidavit/Affirmation Tue 09/17 12:51 PM
AFFIDAVIT/AFFIRMATION of Personal Service on WebBank by Claver Campbell (Lynch, Elizabeth)
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12 12 misc Affidavit/Affirmation Tue 09/17 12:50 PM
AFFIDAVIT/AFFIRMATION of Mailing to SUNCo by Claver Campbell (Lynch, Elizabeth)
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11 11 misc Affidavit/Affirmation Tue 09/17 12:46 PM
AFFIDAVIT/AFFIRMATION of Personal Service on SUNCo by Claver Campbell (Lynch, Elizabeth)
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10 10 misc Affidavit/Affirmation Tue 09/17 12:44 PM
AFFIDAVIT/AFFIRMATION of Mailing to ATTYX Utah LLC by Claver Campbell (Lynch, Elizabeth)
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9 9 misc Affidavit/Affirmation Tue 09/17 12:42 PM
AFFIDAVIT/AFFIRMATION of Personal Service on ATTYX Utah LLC by Claver Campbell (Lynch, Elizabeth)
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Monday, September 16, 2024
8 8 order Status Report Order Scheduling Order Mon 09/16 3:26 PM
SCHEDULING ORDER: An Initial Conference is scheduled for 1/15/2025 at 3:00 PM before Magistrate Judge Vera M. Scanlon via ZoomGov. To gain access to the ZoomGov audio conferencing system, the parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 12/31/2024. In the event that any Defendant(s) has not answered or otherwise appeared, Plaintiff(s) must also mail a copy of this Order, its attachment and the full docket to the last known mailing address(es) for such Defendant(s) and file proof on ECF by the CMP filing date. The Court reminds the parties of their responsibility to file a disclosure statement under Federal Rule of Civil Procedure 7.1, if applicable, within 30 days of appearing in this action. As to any LLC, the disclosure statement should identify all of the members and their respective citizenship. Ordered by Magistrate Judge Vera M. Scanlon on 9/16/2024. (SH)
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Friday, September 06, 2024
7 7 notice Notice of Appearance Fri 09/06 1:05 PM
NOTICE of Appearance by Elizabeth Mary Lynch on behalf of Claver Campbell (aty to be noticed) (Lynch, Elizabeth)
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Thursday, September 05, 2024
6 6 notice Notice of Appearance Thu 09/05 4:48 PM
NOTICE of Appearance by Jennifer Nicole Levy on behalf of Claver Campbell (aty to be noticed) (Levy, Jennifer)
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5 5 service Summons Issued Thu 09/05 4:36 PM
Summons Issued as to ATTYX LLC, ATTYX Utah LLC, SUNCo Capital, LLC, Solar Mosaic, LLC, Webbank. (CV)
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4 4 misc Proposed Summons/Civil Cover Sheet Thu 09/05 4:26 PM
Proposed Summons. by Claver Campbell (Lynch, Elizabeth)
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3 3 misc Quality Control Check - Attorney Case Opening Thu 09/05 3:41 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV)
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2 2 misc Clerks Notice of Rule 73 Thu 09/05 3:39 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV)
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1 1 35 pgs cmp Complaint Thu 09/05 3:00 PM
COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-18246048 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Claver Campbell. (Mooney, Claire)
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Att: 1 Civil Cover Sheet Civil Cover Sheet,
Att: 2 Proposed Summons Solar Mosaic,
Att: 3 Proposed Summons SUNco Capital, LLC,
Att: 4 Proposed Summons ATTYX Utah LLC,
Att: 5 Proposed Summons ATTYX LLC,
Att: 6 Proposed Summons WebBank
utility Case Assigned/Reassigned Thu 09/05 3:38 PM
Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV)
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misc Quality Control Check - Summons Thu 09/05 3:40 PM
Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV)
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