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COLONIAL FUNDING NETWORK, INC. FOR TVT. v. EPAZZ

16 Civ. 5948 (LLS).

252 F.Supp.3d 274 (2017)

COLONIAL FUNDING NETWORK, INC. as servicing provider FOR TVT CAPITAL, LLC, Plaintiff, v. EPAZZ, INC., Cynergy Corporation, and Shaun Passley a/k/a Shaun A. Passley, Defendants. Epazz, Inc. and Shaun Passley, Counterclaim Plaintiffs, v. TVT Capital, LLC, Vantiff, LLC, Colonial Funding Network, Inc., Andrew Fellus, Warren Fellus, John Does 1-10, and Jane Does 1-10, Counterclaim Defendants.

United States District Court, S.D. New York.

Signed May 9, 2017.

Editors Note
Applicable Law: 28 U.S.C. § 1332bc
Cause: 28 U.S.C. § 1332bc Diversity - Breach of Contract
Nature of Suit: 190 Contract: Other
Source: PACER

Attorney(s) appearing for the Case

David A. Picon, Esq. , Matthew J. Morris Esq. , Jonathan E. Siegelaub, Esq. , Proskauer Rose LLP, New York, New York, Richard J. Howard, Esq. , Colonial Funding Network, Inc., New York, New York, Counsel for Plaintiff Colonial Funding Network, Inc. and Counterclaim Defendant TVT Capital, LLC.

Jonathan M. Proman, Esq. , New York, New York, Counsel for Defendants/Counterclaim Plaintiffs Evazz, Inc., Cynergy Corporation and Shaun Passley.

Christopher R. Murray, Esq. , Giuliano McDonnell & Perrone, LLP, Mineola, New York, Counsel for Third Party Counterclaim Defendants Vantiff, LLC, Andrew Fellus and Warren Fellus.

OPINION & ORDER

Plaintiff Colonial Funding Network, Inc. ("Colonial") and TVT Capital, LLC ("TVT") move to dismiss counterclaims asserted by Epazz, Inc. ("Epazz") and Shaun Passley ("Passley," and together with Epazz, "defendants") for failure to state a claim upon which relief can be granted, and to strike...

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