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NEWMAN CAPITAL LLC v. PRIVATE CAPITAL GROUP, INC.

No. 22-CV-663 (VSB).

NEWMAN CAPITAL LLC, Plaintiff, v. PRIVATE CAPITAL GROUP, INC.; SELECT FUND MANAGEMENT LLC; JARED LUCERO; MICHAEL BURKE; REEF CAPITAL PARTNERS LLC; COMMON INVESTMENT FUND LLC; REEF-PCG LLC; STILLWATER EQUITY PARTNERS LLC; REEF CAPITAL INVESTMENT LLC; REEF CAPITAL MANAGEMENT LLC; REEF INVESTMENT MANAGEMENT LLC; CANYON ACCOUNTING LLC; PCG SELECT SERIES I LLC; PCG SELECT SERIES II LLC; PCG SELECT SERIES SECURED LLC; PCG SELECT SERIES OFFSHORE I LP; SFM CREDIT FUND OFFSHORE I LP; SFM SECURED CREDIT II LLC; and RIM SECURED CREDIT INCOME FUND III LLC, Defendants, and PCG CREDIT PARTNERS LLC; PCG HOLDINGS LLC; 160 W CANYON CREST ROAD LLC; 1705 VIEWPOINT LLC; OUTLAW COUNTRY HOLDING LLC; IRON FOX BALLARD LLC; BROOKSIDE PRAIRIE VIEW LLC, Nominal Defendants.

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

March 28, 2024.

Attorney(s) appearing for the Case

Michael Terrance Conway , Lazare Potter Giacovas & Moyle LLP, New York, NY.

Stephen Michael Forte , Offit Kurman, P.A., New York, NY, Counsel for Plaintiff.

Jarome R. Jones , Jeremy C. Reutzel , Bennett Tueller Johnson & Deere, Salt Lake City, Utah.

David Joseph Mahoney , Silverman Acampora L.L.P., Jericho, NY, Counsel for Defendants.

OPINION & ORDER

Before me are two motions to dismiss the Amended Complaint, or in the alternative, for summary judgment filed by Defendant Private Capital Group ("Private Capital"), (Doc. 12), and Defendants Jared Lucero ("Lucero"), PCG Select Series I LLC, PCG Select Series...

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