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Private Capital Group LLC
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Answer | Filed: April 11, 2024 | Entered: April 11, 2024 Newman Capital LLC v. Private Capital Group, Inc. et al
Contract: Other | New York Southern
Answer to Complaint
ANSWER to Complaint. Document filed by Michael Burke, Common Investment Fund LLC, Jared Lucero, PCG Select Series II LLC, PCG Select Series Secured LLC, Private Capital Group, Inc., Reef Capital Investment LLC, Reef Capital Management LLC, Reef Capital Partners LLC, Reef-PCG LLC, SFM Credit Fund Offshore I LP, Select Fund Management LLC, Stillwater Equity Partners LLC..(Jones, Jarom)
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Motion | Filed: April 11, 2024 | Entered: April 11, 2024 Newman Capital LLC v. Private Capital Group, Inc. et al
Contract: Other | New York Southern
Extension of Time to File Answer
LETTER MOTION for Extension of Time to File Answer re: 40 Memorandum & Opinion, Set Deadlines, Add and Terminate Parties,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, and revision of Docket entry #40 addressed to Judge Vernon S. Broderick from Jarom R. Jones dated April 11, 2024. Document filed by PCG Select Series II LLC, PCG Select Series Offshore I LP, PCG Select Series Secured LLC, SFM Credit Fund Offshore I LP..(Jones, Jarom)
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Order | Filed: March 28, 2024 Newman Capital LLC v. Private Capital Group, Inc. et al
Contract: Other | New York Southern
Order
OPINION & ORDER re: 26 MOTION to Dismiss Statement of Material Facts, New Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment. filed by SFM Secured Credit II LLC, Select Fund Management LLC, PCG Sele ct Series II LLC, PCG Select Series Secured LLC, PCG Select Series I LLC, RIM Secured Credit Income Fund III LLC, Reef Capital Partners LLC, Reef Investment Management LLC, Jared Lucero, PCG Credit Partners LLC, 12 MOTION to Di smiss 's Statement of Material Facts or, in the Alternative, for Summary Judgment. filed by Private Capital Group, Inc., Jared Lucero., For the reasons stated above, Defendants' motions to dismiss are GRANTED in part and DENIE D in part. Because personal jurisdiction over the Individual Defendants is proper pursuant to New York's Long Arm Statute, SFM consented to personal jurisdiction in the 2018 AFA, and Plaintiff's allegations sufficiently plead that the Kno wn Affiliates (other than PCG Select Series II LLC and PCG Select Series Secured LLC) are alter egos of Private Capital and the Individual Defendants, the New Defendants' motion to dismiss for lack of personal jurisdiction as to those defendan ts is DENIED. Because Plaintiff does not provide sufficient reason to pierce the corporate veils of PCG Select Series II LLC, PCG Select Series Secured LLC, or the Nominal Defendants, the New Defendants' motion to dismiss for lack of personal jurisdiction as to those defendants is GRANTED. Because the Amended Complaint contains sufficient factual allegations to plausibly allege Plaintiff's claims for breach of contract, Defendants' motions to dismiss as to this claim is DENIE D. However, because the Amended Complaint does not sufficiently plead Plaintiff's claim for unjust enrichment or intentional interference with contractual relationships; and Plaintiff's claim for fraudulent conveyance is untimely, these c laims are dismissed without prejudice with leave to file a Second Amended Complaint Additionally, because Plaintiff's sole remaining cause of action for breach of contract does not plausibly allege claims against Reef Investment Management, C anyon Accounting, PCG Series I, PCG Offshore, SFM Offshore, SFM II, and RIM Secured III, these Defendants are also DISMISSED. Defendants are ORDERED to file their answers to the amended complaint by April 11, 2024. Reef Capital Management LLC ans wer due 4/11/2024; Common Investment Fund LLC answer due 4/11/2024; Private Capital Group, Inc. answer due 4/11/2024; PCG Select Series Offshore I LP answer due 4/11/2024; PCG Select Series Secured LLC answer due 4/11/2024; Reef Capital Partners LL C answer due 4/11/2024; Select Fund Management LLC answer due 4/11/2024; Stillwater Equity Partners LLC answer due 4/11/2024; PCG Select Series II LLC answer due 4/11/2024; Reef-PCG LLC answer due 4/11/2024; Jared Lucero answer due 4/11/2024; Reef Capital Investment LLC answer due 4/11/2024; Michael Burke answer due 4/11/2024., PCG Select Series Offshore I LP, RIM Secured Credit Income Fund III LLC, Reef Investment Management LLC, SFM Credit Fund Offshore I LP, SFM Secured Credit II LLC, Canyon Accounting LLC and PCG Select Series I LLC terminated. (Signed by Judge Vernon S. Broderick on 3/28/2024) (rro)
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