Preview
NA AU OUN NK DM INDEX NO. 611469/2021
:
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/10/2022
ys
MOTION SEQUENCE #. er
ent |
Atand pat —OO of the
E
ORIGINAL RETURN DAT Supreme Court of the State of
New York, Nassau County at
revier OVM 100 Supreme Court Dr., Mineola,
New York on the wr day of
January, 2022
rresendin Dioner £ MLA /, RISC
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
canenttsnnannsenrnnnnmannancnncnsamennansnenccceceencaneesnseensnsX
THE AVANZA GROUP, LLC,
Index No. 61 1469/2021
Plaintiff,
-against-
ORDER TO SHOW CAUSE
INVESTMENT MANAGEMENT GROUP, LLC,
DBA INVESTMENT MANAGEMENT GROUP,
LLC BALLARD INVESTMENTS JNC. DBA
BALLARD INVESTMENTS INC. and RALPH
LEWIS BALLARD III,
Defendants.
eet een ce nacennnneneten 2 noes -X
UPON the Affidavit of Ralph Lewis Ballard, II], dated January 3, 2021 and the exhibits
annexed thereto, the Affirmation of Ashlee Colonna Cohen, Esq., dated January 3, 2021, and the
exhibits annexed thereto, the Memorandum of Law filed herewith, and upon all papers and
proceedings heretofore had herein, and sufficient cause being alleged therefor,
LET, Plaintiff THEA VANZA GROUP, LLC (“Plaintiff”) show cause before the
Hon. ")9IMLALB Shak at Part 30 of this Court,
Reem—— located at the Courthouse, 100 Supreme Court Dr., Mineola, New York on the
F
i day of F; Febru oN 2022 at 12° inthe-——————rreon of that day, or
as soon thereafter as counsel may be heard why an Order should not be entered in favor of
Defendants INVESTMENT MANAGEMENT GROUP, LLC, DBA INVESTMENT
1 of3°
l= NA AU OUN NK =] DM INDEX NO. 611469/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/10/2022
MANAGEMENT GROUP, LLC BALLARD INVESTMENTS INC. DBA BALLARD
INVESTMENTS INC. and RALPH LEWIS BALLARD III (“Defendants”):
1 Pursuant to CPLR §§ 501 5(a) and 2004 vacating the default judgment;
NW Pursuant to CPLR § 630! and this court’s equitable powers, restraining and enjoining
Plaintiff from further enforcing its default judgment against Defendants and
Defendants’ assets;
iti Vacating and rescinding all restraints, freezes, and/or demand letters, already issued
by Plaintiff including without limitation restraints on Defendants’ bank accounts;
Iv. Retuming any monies seized and/or collected from Defendants pursuant to the default
judgment;
Permitting Defendants to Answer of otherwise respond to the pleadings within 30
days; and
vie Granting Defendants all such other and further relief as is just and equitable.
ee
ORDERED, that sufficient cause appearing therefor, PENDING a determination of this
application:
(a}-Fheciefaritjudament-isheneby -tAGAFED,
(b) All restraints, liens, freezes, and/or demand letters, mailed or otherwise sent by
Plaintiff and Plaintiff's representatives to enforce the alleged debt, including
without limitation, the restraints upon Defendants’ bank accounts, are hereby
LIFTED and the funds therein RELEASED back to Defendants; and
(c) Plaintiff and its representatives ate hereby ENJOINED from all further judgment
we
enforcement activity;
ASCH
2 of 3
INDEX NO. 611469/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/10/2022
WL ORDERED service by electronic mail of a copy of this Order, and the papers upon
which it is based, upon on Plaintiff, on or before January Sl, 2022. shall be
deemed to be complete service and sufficient notice ofthis application
»
appteatiorarorbefore
ORDERED Peferrtants shat tite theirrepty oor about
SH
ENT!
SL eS FASC.
Kon. de nige. 4 SHER
ENTERED
Jan 10 2022
NASSAU COUNTY
COUNTY CLERK'S OFFICE
3 of 3
Preview
NA AU OUN NK DM INDEX NO. 611469/2021 : NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/10/2022 ys MOTION SEQUENCE #. er ent | Atand pat —OO of the E ORIGINAL RETURN DAT Supreme Court of the State of New York, Nassau County at revier OVM 100 Supreme Court Dr., Mineola, New York on the wr day of January, 2022 rresendin Dioner £ MLA /, RISC SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU canenttsnnannsenrnnnnmannancnncnsamennansnenccceceencaneesnseensnsX THE AVANZA GROUP, LLC, Index No. 61 1469/2021 Plaintiff, -against- ORDER TO SHOW CAUSE INVESTMENT MANAGEMENT GROUP, LLC, DBA INVESTMENT MANAGEMENT GROUP, LLC BALLARD INVESTMENTS JNC. DBA BALLARD INVESTMENTS INC. and RALPH LEWIS BALLARD III, Defendants. eet een ce nacennnneneten 2 noes -X UPON the Affidavit of Ralph Lewis Ballard, II], dated January 3, 2021 and the exhibits annexed thereto, the Affirmation of Ashlee Colonna Cohen, Esq., dated January 3, 2021, and the exhibits annexed thereto, the Memorandum of Law filed herewith, and upon all papers and proceedings heretofore had herein, and sufficient cause being alleged therefor, LET, Plaintiff THEA VANZA GROUP, LLC (“Plaintiff”) show cause before the Hon. ")9IMLALB Shak at Part 30 of this Court, Reem—— located at the Courthouse, 100 Supreme Court Dr., Mineola, New York on the F i day of F; Febru oN 2022 at 12° inthe-——————rreon of that day, or as soon thereafter as counsel may be heard why an Order should not be entered in favor of Defendants INVESTMENT MANAGEMENT GROUP, LLC, DBA INVESTMENT 1 of3° l= NA AU OUN NK =] DM INDEX NO. 611469/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/10/2022 MANAGEMENT GROUP, LLC BALLARD INVESTMENTS INC. DBA BALLARD INVESTMENTS INC. and RALPH LEWIS BALLARD III (“Defendants”): 1 Pursuant to CPLR §§ 501 5(a) and 2004 vacating the default judgment; NW Pursuant to CPLR § 630! and this court’s equitable powers, restraining and enjoining Plaintiff from further enforcing its default judgment against Defendants and Defendants’ assets; iti Vacating and rescinding all restraints, freezes, and/or demand letters, already issued by Plaintiff including without limitation restraints on Defendants’ bank accounts; Iv. Retuming any monies seized and/or collected from Defendants pursuant to the default judgment; Permitting Defendants to Answer of otherwise respond to the pleadings within 30 days; and vie Granting Defendants all such other and further relief as is just and equitable. ee ORDERED, that sufficient cause appearing therefor, PENDING a determination of this application: (a}-Fheciefaritjudament-isheneby -tAGAFED, (b) All restraints, liens, freezes, and/or demand letters, mailed or otherwise sent by Plaintiff and Plaintiff's representatives to enforce the alleged debt, including without limitation, the restraints upon Defendants’ bank accounts, are hereby LIFTED and the funds therein RELEASED back to Defendants; and (c) Plaintiff and its representatives ate hereby ENJOINED from all further judgment we enforcement activity; ASCH 2 of 3 INDEX NO. 611469/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/10/2022 WL ORDERED service by electronic mail of a copy of this Order, and the papers upon which it is based, upon on Plaintiff, on or before January Sl, 2022. shall be deemed to be complete service and sufficient notice ofthis application » appteatiorarorbefore ORDERED Peferrtants shat tite theirrepty oor about SH ENT! SL eS FASC. Kon. de nige. 4 SHER ENTERED Jan 10 2022 NASSAU COUNTY COUNTY CLERK'S OFFICE 3 of 3