FILED: NEW YORK COUNTY CLERK 03/28/ :38 AM INDEX NO /2017 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/28/2017. Exhibit 5

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Transcription:

Exhibit 5 Lantau Holdings Ltd. v. General Pacific Group Ltd, et al., Index No. 650085/2017 Motion Seq. No. 002

1 of 5 3/4/2017 5:47 PM SDNY CM/ECF Version 6.1.1 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:16-cv-09262-PKC ECF Timpanaro v. Wong et al Assigned to: Judge P. Kevin Castel Demand: $9,999,000 Cause: 28:1332fd Diversity-Breach of Fiduciary Duty Date Filed: 11/30/2016 Jury Demand: Plaintiff Nature of Suit: 196 Contract: Franchise Jurisdiction: Diversity Plaintiff Geraldine Timpanaro As Trustee of the BYBO Sunrise Trust M2B Trust and Bello Family Trust Plaintiff Maven Partners LLC Plaintiff Manuel Bello represented by Marc Steven Gottlieb Marc Bern 115 Broadway New York, NY 10006 (646) 961-3210 Fax: (866) 294-0074 Email: beilttog@yahoo.com ATTORNEY TO BE NOTICED represented by Marc Steven Gottlieb (See above for address) ATTORNEY TO BE NOTICED represented by Marc Steven Gottlieb (See above for address) ATTORNEY TO BE NOTICED V. David Wong Howard Blum GPG, LLC TERMINATED: 02/07/2017 Broad Winds, LLC

2 of 5 3/4/2017 5:47 PM Broad Winds, Ltd. (BVI) TERMINATED: 02/07/2017 John Does 1-10 General Pacific Group, Ltd. General Pacific Group, LLC. Broad Winds Ltd. Date Filed # Docket Text 11/30/2016 1 COMPLAINT against David Wong, Howard Blum, GPG, LLC, Broad Winds, LLC, Broad Winds, Ltd. (BVI), John Does 1-10. (Filing Fee $ 400.00, Receipt Number 0208-13042080)Document filed by Geraldine Timpanaro.(Gottlieb, Marc) (Entered: 11/30/2016) 11/30/2016 2 REQUEST FOR ISSUANCE OF SUMMONS as to David Wong, Howard Blum, GPG LLC, Broad Winds LLC, Broad Winds Ltd (BVI), John Does 1-10, re: 1 Complaint. Document filed by Geraldine Timpanaro. (Gottlieb, Marc) (Entered: 11/30/2016) 12/01/2016 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Marc Steven Gottlieb. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dgo) (Entered: 12/01/2016) 12/01/2016 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Marc Steven Gottlieb. The party information for the following party/parties has been modified: ADR Provider Howard Blum ADR Provider GPG, LLC ADR Provider Broad Winds, LLC ADR Provider Broad Winds, Ltd. (BVI) ADR Provider John Does 1-10 Trustee Geraldine Timpanaro. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (dgo) (Entered: 12/01/2016) 12/01/2016 3 CIVIL COVER SHEET filed. (Gottlieb, Marc) (Entered: 12/01/2016) 12/01/2016 ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Marc Steven Gottlieb. The following case opening statistical information was erroneously selected/entered: Dollar Demand 33,000,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 9,999,999;

3 of 5 3/4/2017 5:47 PM the County code has been modified to XX Out of State;. (dgo) (Entered: 12/01/2016) 12/01/2016 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/district. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (dgo) (Entered: 12/01/2016) 12/01/2016 Magistrate Judge Henry B. Pitman is so designated. (dgo) (Entered: 12/01/2016) 12/01/2016 Case Designated ECF. (dgo) (Entered: 12/01/2016) 12/01/2016 4 ELECTRONIC SUMMONS ISSUED as to Howard Blum, Broad Winds, LLC, Broad Winds, Ltd. (BVI), John Does 1-10, GPG, LLC, David Wong. (dgo) (Entered: 12/01/2016) 12/02/2016 5 ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/3/2017 at 02:45 PM in Courtroom 11D at the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 12/2/2016) (mro) (Entered: 12/02/2016) 01/25/2017 6 FIRST LETTER addressed to Judge P. Kevin Castel from Marc S. Gottlieb dated January 25, 2017 re: Adjournment - Initial Pretrial Conference. Document filed by Geraldine Timpanaro.(Gottlieb, Marc) (Entered: 01/25/2017) 01/26/2017 7 MEMO ENDORSEMENT on re: 6 Letter filed by Geraldine Timpanaro. ENDORSEMENT: Conference Adjourned from February 3, 2017 to March 31, 2017 at 11:15 a.m. SO ORDERED. (Initial Conference set for 3/31/2017 at 11:15 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 1/25/2017) (anc) (Entered: 01/26/2017) 01/26/2017 8 STIPULATION AND ORDER: IT IS STIPULATED AND AGREED, by and between the parties, through their respective counsel, subject to approval of the Court, that s' time to answer, move or otherwise respond to the complaint is hereby extended to the thirtieth day following the date of service of Plaintiff's amended complaint. (Signed by Judge P. Kevin Castel on 1/26/2017) (cla) (Entered: 01/26/2017) 02/02/2017 9 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending 1 Complaint against All s with JURY DEMAND.Document filed by Maven Partners LLC, Manuel Bello. Related document: 1 Complaint filed by Geraldine Timpanaro.(Gottlieb, Marc) Modified on 2/3/2017 (pc). (Entered: 02/02/2017) 02/03/2017 10 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to David Wong, Howard Blum, General Pacific Group, Ltd., General Pacific Group, LLC., Broad Winds, Ltd., Broad Winds, LLC, John Does 1-10, re: 9 Amended Complaint. Document filed by Maven Partners LLC, Geraldine Timpanaro. (Gottlieb, Marc) (Entered: 02/03/2017) 02/03/2017 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Marc Steven Gottlieb to RE-FILE Document No. 9 Amended Complaint,. The filing is deficient for the following reason(s): the All

4 of 5 3/4/2017 5:47 PM radio button was selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) (Entered: 02/03/2017) 02/03/2017 11 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending 9 Amended Complaint, against Howard Blum, Broad Winds, LLC, Broad Winds, Ltd. (BVI), John Does 1-10, GPG, LLC, David Wong, General Pacific Group, Ltd., General Pacific Group, LLC. with JURY DEMAND.Document filed by Maven Partners LLC, Geraldine Timpanaro. Related document: 9 Amended Complaint, filed by Manuel Bello, Maven Partners LLC.(Gottlieb, Marc) Modified on 2/6/2017 (pc). (Entered: 02/03/2017) 02/06/2017 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Marc Steven Gottlieb to RE-FILE Document No. 11 Amended Complaint,,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading; the wrong party/parties whom the pleading is against were selected; Broad Winds, Ltd. (BVI) appears as Broad Winds, Ltd. on the amended complaint caption title. Party names must match or be added to CM ECF. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) (Entered: 02/06/2017) 02/06/2017 12 AMENDED COMPLAINT amending 11 Amended Complaint,, against Howard Blum, Broad Winds, LLC, John Does 1-10, General Pacific Group, LLC., General Pacific Group, Ltd., David Wong, Broad Winds Ltd. with JURY DEMAND.Document filed by Maven Partners LLC, Geraldine Timpanaro, Manuel Bello. Related document: 11 Amended Complaint,, filed by Geraldine Timpanaro, Maven Partners LLC.(Gottlieb, Marc) (Entered: 02/06/2017) 02/14/2017 13 REQUEST FOR ISSUANCE OF SUMMONS as to General Pacific Group, LLC, General Pacific Group, Ltd., re: 12 Amended Complaint,. Document filed by Manuel Bello, Maven Partners LLC, Geraldine Timpanaro. (Gottlieb, Marc) Modified on 2/14/2017 (pc). Modified on 2/21/2017 (laq). (Entered: 02/14/2017) 02/14/2017 14 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to David Wong, Howard Blum, Broad Winds, LLC, Broad Winds, Ltd., John Does 1-10, re: 12 Amended Complaint,. Document filed by Manuel Bello, Maven Partners LLC, Geraldine Timpanaro. (Gottlieb, Marc) (Entered: 02/14/2017) 02/14/2017 15 ELECTRONIC AMENDED SUMMONS ISSUED as to Howard Blum, Broad Winds Ltd., Broad Winds, LLC, John Does 1-10, David Wong. (pc) Modified on 2/21/2017 (laq). (Entered: 02/14/2017) 02/21/2017 16 ELECTRONIC SUMMONS ISSUED as to General Pacific Group, LLC., General Pacific Group, Ltd.. (pc) (Entered: 02/21/2017)

5 of 5 3/4/2017 5:47 PM 02/24/2017 17 STIPULATION AND ORDER: s' time to answer, move or otherwise respond to the complaint is hereby extended March 24, 2017. (As further set forth in this Order.) Howard Blum answer due 3/24/2017; Broad Winds Ltd. answer due 3/24/2017; Broad Winds, LLC answer due 3/24/2017; John Does 1-10 answer due 3/24/2017; General Pacific Group, LLC. answer due 3/24/2017; General Pacific Group, Ltd. answer due 3/24/2017; David Wong answer due 3/24/2017. (Signed by Judge P. Kevin Castel on 2/23/2017) (cf) (Entered: 02/24/2017) PACER Service Center Transaction Receipt 03/04/2017 16:57:26 PACER Login: mj30183018 Client Code: Lantau Description: Docket Report Search Criteria: 1:16-cv-09262-PKC Billable Pages: 4 Cost: 0.40