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Yuklin Ling v. Alan E Fisler
On October 02, 2020 a matrimonial - contested case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Rockland County. Judge Paul I. Marx presiding.
Case Details
Case Number
Filing Date
October 02, 2020
Last Refreshed
July 07, 2024
Filing Location
Rockland County, NY
Filing Court House
Supreme
OTHER JUDGES ON THIS CASE
Jennifer G. Schecter;Category
Matrimonial - Contested
Practice Area
Family
Matter Type
Divorce,Separation
Status
Judgment of Divorce,Annulment,Separation
OTHER JUDGES ON THIS CASE
Overview
Bruce Kim, a professional with decades of experience in the emerging markets
foreign exchange (Forex) community, brings this action sounding in fraud, breach of contract,
and breach of the implied covenant of good faith and fair dealing, against his employer XP
Securities, LLC, n/k/a XP Investments US, LLC (“XPI”), and XP Investimentos S.A. (“XP
S.A.”), and Pedro Henrique Cristoforo da Silveira (“Silveira” or “Pedro Silveira”), the XPI and
XP S.A. executive instrumental in fraudulently luring Kim, on behalf of XPI and XP S.A., to
take a job as Head of XPI’s Asia Forex desk.
In 2017, when he was hired by XPI, Kim was a veteran of the Forex industry who
had conceived a technology-enabled solution that later came to be called “HUBL,” designed to
radically improve Forex trading. Kim was looking for a firm that would help him to develop
HUBL into a functioning trading platform that would generate tremendous value for Kim, his
employer, and its clients. On the other hand, XPI, then wholly owned by XP S.A., a Brazilian
financial services giant with an extensive presence in its home country but limited track record in
Causes of Action
COUNT ONE
COUNT TWO
COUNT THREE
COUNT FOUR
COUNT FIVE
Parties
Plaintiffs
Yuklin Ling
Attorneys for Plaintiffs
Digiacomo, Nicole Genevieve
Eisenberg, Amy Melissa
Holtzman, Ellen B.
Defendants
Alan E Fisler
Attorneys for Defendants
Sunshine, Robert S
Case Documents
MEMORANDUM OF LAW IN SUPPORT
Date: May 31, 2024
EXHIBIT(S) - 4
Date: May 31, 2024
NOTICE OF MOTION
Date: May 31, 2024
ORDER - OTHER (NON-MOTION)
Date: May 31, 2024
EXHIBIT(S) - 10
Date: May 31, 2024
EXHIBIT(S) - 7
Date: May 31, 2024
EXHIBIT(S) - 5
Date: May 31, 2024
EXHIBIT(S) - 2
Date: May 31, 2024
EXHIBIT(S) - 6
Date: May 31, 2024
EXHIBIT(S) - 1
Date: May 31, 2024
EXHIBIT(S) - 3
Date: May 31, 2024
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION
Date: May 31, 2024
EXHIBIT(S) - 15
Date: May 31, 2024
EXHIBIT(S) - 13
Date: May 31, 2024
EXHIBIT(S) - 14
Date: May 31, 2024
EXHIBIT(S) - 19
Date: May 31, 2024
EXHIBIT(S) - 16
Date: May 31, 2024
EXHIBIT(S) - 20
Date: May 31, 2024
EXHIBIT(S) - 17
Date: May 31, 2024
EXHIBIT(S) - 11
Date: May 31, 2024
EXHIBIT(S) - 18
Date: May 31, 2024
EXHIBIT(S) - 8
Date: May 31, 2024
EXHIBIT(S) - 21
Date: May 31, 2024
EXHIBIT(S) - 12
Date: May 31, 2024
EXHIBIT(S) - 9
Date: May 31, 2024
LETTER / CORRESPONDENCE TO JUDGE
Date: May 30, 2024
STIPULATION - SO ORDERED
Date: May 28, 2024
STIPULATION - OTHER - ( REQUEST TO SO ORDER )
Date: May 27, 2024
ORDER - OTHER (NON-MOTION)
Date: May 23, 2024
LETTER / CORRESPONDENCE TO JUDGE
Date: May 23, 2024
ORDER - OTHER (NON-MOTION)
Date: May 22, 2024
LETTER / CORRESPONDENCE TO JUDGE
Date: May 22, 2024
STIPULATION - SO ORDERED
Date: May 08, 2024
STIPULATION - OTHER - ( REQUEST TO SO ORDER )
Date: May 06, 2024
ORDER - OTHER (NON-MOTION)
Date: Mar 13, 2024
EXHIBIT(S) - 2
Date: Mar 12, 2024
EXHIBIT(S) - 3
Date: Mar 12, 2024
EXHIBIT(S) - 4
Date: Mar 12, 2024
EXHIBIT(S) - 1
Date: Mar 12, 2024
LETTER / CORRESPONDENCE TO JUDGE
Date: Mar 12, 2024
EXHIBIT(S) - C
Date: Mar 06, 2024
EXHIBIT(S) - D
Date: Mar 06, 2024
LETTER / CORRESPONDENCE TO JUDGE
Date: Mar 06, 2024
EXHIBIT(S) - A
Date: Mar 06, 2024
EXHIBIT(S) - B
Date: Mar 06, 2024
-COPY OF ADMINISTRATIVE ORDER AO/10/22
Date: Feb 22, 2024
NOTE OF ISSUE:WITH JURY
Date: Feb 16, 2024
ORDER - OTHER (NON-MOTION)
Date: Feb 16, 2024
LETTER / CORRESPONDENCE TO JUDGE
Date: Feb 02, 2024
ORDER - OTHER (NON-MOTION)
Date: Feb 02, 2024
LETTER / CORRESPONDENCE TO JUDGE
Date: Feb 01, 2024
ORDER - OTHER (NON-MOTION)
Date: Jan 18, 2024
LETTER / CORRESPONDENCE TO JUDGE
Date: Jan 17, 2024
ORDER - OTHER (NON-MOTION)
Date: Jan 16, 2024
ORDER - OTHER (NON-MOTION)
Date: Jan 04, 2024
ORDER - OTHER (NON-MOTION)
Date: Dec 13, 2023
ORDER - OTHER (NON-MOTION)
Date: Nov 29, 2023
LETTER / CORRESPONDENCE TO JUDGE
Date: Oct 25, 2023
LETTER / CORRESPONDENCE TO JUDGE
Date: Oct 23, 2023
LETTER / CORRESPONDENCE TO JUDGE
Date: Oct 11, 2023
LETTER / CORRESPONDENCE TO JUDGE
Date: Oct 11, 2023
ORDER TO SHOW CAUSE (Motion 004)
Date: Jul 19, 2022
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion 004)
Date: Jul 18, 2022
EXHIBIT(S) - C (Motion 004)
Date: Jul 18, 2022
EXHIBIT(S) - B (Motion 004)
Date: Jul 18, 2022
ORDER TO SHOW CAUSE ( PROPOSED ) (Motion 004)
Date: Jul 18, 2022
EXHIBIT(S) - A (Motion 004)
Date: Jul 18, 2022
FINDINGS OF FACT/CONCLUSION OF LAW
Date: Jul 13, 2022
JUDGMENT OF DIVORCE
Date: Jul 13, 2022
FINDINGS OF FACT/CONCLUSION OF LAW
Date: Jul 13, 2022
STIPULATION - SETTLEMENT (POST RJI)
Date: Jul 12, 2022
JUDGMENT OF DIVORCE (PROPOSED)
Date: Jul 12, 2022
FINDINGS OF FACT/CONCLUSION OF LAW (PROPOSED)
Date: Jul 12, 2022Case Events
| Date | Type | Description | |
|---|---|---|---|
| May 31, 2024 | Docket Event | Memorandum Of Law In Support Of Defendants Motion For Summary Judgment | |
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 4 Employment Agreement |
|
| May 31, 2024 | Docket Event |
NOTICE OF MOTION Defendant XP Securities, LLCs Notice Of Motion For Summary Judgment |
|
| May 31, 2024 | Docket Event | ORDER - OTHER (NON-MOTION) | |
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 10 June 29, 2017 Email |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 7 ICAP Employee Discipline Report |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 5 Prebon Personnel Statement |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 2 Defendants Amended Answer & Counterclaims |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 6 Intentionally Left Blank |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 1 Plaintiffs Amended Complaint |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 3 Plaintiffs Reply to Counterclaims |
|
| May 31, 2024 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION Affirmation Of Joshua D. Fulop In Support Of Defendant XP Securities LLCs Motion For Summary Judgment |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 15 March 16, 2018 Email |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 13 June 28, 2019 Disciplinary Warning |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 14 Feb. 6, 2019 Email |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 19 June 28, 2019 Email |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 16 Oct. 31, 2019 Email |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 20 FILED UNDER SEAL |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 17 FILED UNDER SEAL |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 11 Nov. 30, 2018 Email |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 18 Bloom Deposition Ex. 13 |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 8 Aug. 22, 2005 Email |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 21 FILED UNDER SEAL |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 12 Nov. 25, 2019 Email |
|
| May 31, 2024 | Docket Event |
EXHIBIT(S) - 9 ICAP Personnel Note |
|
| May 30, 2024 | Docket Event | LETTER / CORRESPONDENCE TO JUDGE | |
| May 28, 2024 | Docket Event | STIPULATION - SO ORDERED | |
| May 27, 2024 | Docket Event |
STIPULATION - OTHER - ( REQUEST TO SO ORDER ) Stipulation To Adjourn Briefing Schedule |
|
| May 23, 2024 | Docket Event | ORDER - OTHER (NON-MOTION) | |
| May 23, 2024 | Docket Event | LETTER / CORRESPONDENCE TO JUDGE | |
| May 22, 2024 | Docket Event | ORDER - OTHER (NON-MOTION) | |
| May 22, 2024 | Docket Event |
LETTER / CORRESPONDENCE TO JUDGE Letter to Hon. Jennifer G\. Schecter re: Word Count Extension 
|
|
| May 08, 2024 | Docket Event | STIPULATION - SO ORDERED | |
| May 06, 2024 | Docket Event |
STIPULATION - OTHER - ( REQUEST TO SO ORDER ) Stipulation To Adjourn Briefing Schedule |
|
| March 13, 2024 | Docket Event | ORDER - OTHER (NON-MOTION) | |
| March 12, 2024 | Docket Event |
EXHIBIT(S) - 2 Excerpt of S. Johnson report, Part II |
|
| March 12, 2024 | Docket Event |
EXHIBIT(S) - 3 Excerpt of S. Johnson deposition |
|
| March 12, 2024 | Docket Event |
EXHIBIT(S) - 4 Excerpt of F. Risler deposition |
|
| March 12, 2024 | Docket Event |
EXHIBIT(S) - 1 Excerpt of S. Johnson report, Part I |
|
| March 12, 2024 | Docket Event |
LETTER / CORRESPONDENCE TO JUDGE Letter regarding edits to Plaintiff's expert's report |
|
| March 06, 2024 | Docket Event |
EXHIBIT(S) - C Excerpt of Johnson Deposition Transcript |
|
| March 06, 2024 | Docket Event |
EXHIBIT(S) - D Excerpt of Guy Davis Report dated, January 18, 2024 |
|
| March 06, 2024 | Docket Event |
LETTER / CORRESPONDENCE TO JUDGE Letter addressed to Justice Schecter, regarding Plaintiff's Amended Expert Report |
|
| March 06, 2024 | Docket Event |
EXHIBIT(S) - A Excerpt of Johnson Report served on December 12, 2023 |
|
| March 06, 2024 | Docket Event |
EXHIBIT(S) - B Excerpt of Johnson Report served on February 26, 2024 |
|
| February 22, 2024 | Docket Event | -COPY OF ADMINISTRATIVE ORDER AO/10/22 | |
| February 16, 2024 | Docket Event | NOTE OF ISSUE:WITH JURY | |
| February 16, 2024 | Docket Event | ORDER - OTHER (NON-MOTION) | |
| February 02, 2024 | Docket Event | LETTER / CORRESPONDENCE TO JUDGE | |
| February 02, 2024 | Docket Event | ORDER - OTHER (NON-MOTION) | |
| February 01, 2024 | Docket Event |
LETTER / CORRESPONDENCE TO JUDGE Letter to Justice Jennifer G. Schecter from Brian S. Choi dated February 1, 2024, re: Expert Discovery and Note of Issue |
|
| January 18, 2024 | Docket Event | ORDER - OTHER (NON-MOTION) | |
| January 17, 2024 | Docket Event | LETTER / CORRESPONDENCE TO JUDGE | |
| January 16, 2024 | Docket Event | ORDER - OTHER (NON-MOTION) | |
| January 04, 2024 | Docket Event | ORDER - OTHER (NON-MOTION) | |
| December 13, 2023 | Docket Event | ORDER - OTHER (NON-MOTION) | |
| November 29, 2023 | Docket Event | ORDER - OTHER (NON-MOTION) | |
| October 25, 2023 | Docket Event |
LETTER / CORRESPONDENCE TO JUDGE Response to the Plaintiffs Letter filed October 23, 2023 |
|
| October 23, 2023 | Docket Event | LETTER / CORRESPONDENCE TO JUDGE | |
| October 11, 2023 | Docket Event | LETTER / CORRESPONDENCE TO JUDGE | |
| October 11, 2023 | Docket Event |
LETTER / CORRESPONDENCE TO JUDGE Letter addressed to Judge Jennifer G\. Schecter from Joshua D. Fulop, dated October 11, 2023 re: Status Update
|
|
| July 19, 2022 | Docket Event | ORDER TO SHOW CAUSE (Motion #004) | |
| July 18, 2022 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #004) OCR in Progress – check back in 15 minutes |
|
| July 18, 2022 | Docket Event |
EXHIBIT(S) - C (Motion #004) Laptop Documents Stipulation |
|
| July 18, 2022 | Docket Event |
EXHIBIT(S) - B (Motion #004) Joint Stipulation And Proposed Order For Production Of Records Stored On Plaintiffs Personal Laptop |
|
| July 18, 2022 | Docket Event |
ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #004) Rule 14 Letter to Justice Schecter from Brian Choi dated July 25, 2023 |
|
| July 18, 2022 | Docket Event |
EXHIBIT(S) - A (Motion #004) OCR in Progress – check back in 15 minutes |
|
| July 13, 2022 | Docket Event | FINDINGS OF FACT/CONCLUSION OF LAW | |
| July 13, 2022 | Docket Event | JUDGMENT OF DIVORCE | |
| July 13, 2022 | Docket Event |
FINDINGS OF FACT/CONCLUSION OF LAW Un-Redacted per 22 NYCRR §202.5(e) |
|
| July 12, 2022 | Docket Event | SWORN STATEMENT OF REMOVAL OF BARRIERS TO REMARRIAGE | |
| July 12, 2022 | Docket Event | CERTIFICATE OF DISSOLUTION | |
| July 12, 2022 | Docket Event | AFFIDAVIT OF DEFENDANT | |
| July 12, 2022 | Docket Event | AFFIDAVIT OF PLAINTIFF | |
| July 12, 2022 | Docket Event | PART 130 CERTIFICATION | |
| July 12, 2022 | Docket Event | NOTE OF ISSUE:WITHOUT JURY | |
| July 12, 2022 | Docket Event | DRL 255 ADDENDUM | |
| July 12, 2022 | Docket Event | STIPULATION - SETTLEMENT (POST RJI) | |
| July 12, 2022 | Docket Event |
JUDGMENT OF DIVORCE (PROPOSED) June 3, 2022 Letter to Plaintiff |
|
| July 12, 2022 | Docket Event |
FINDINGS OF FACT/CONCLUSION OF LAW (PROPOSED) Letter dated May 17, 2023, Regarding Joint Update |
|
| May 31, 2022 | Docket Event | LETTER/CORRESPONDENCE - TO COURT | |
| December 09, 2021 | Docket Event | LETTER/CORRESPONDENCE - TO COURT | |
| December 07, 2021 | Docket Event | LETTER/CORRESPONDENCE - TO COURT | |
| December 07, 2021 | Docket Event | DECISION + ORDER ON MOTION (Motion #001) | |
| October 29, 2021 | Docket Event | DECISION + ORDER ON MOTION (Motion #001) | |
| September 21, 2021 | Docket Event | AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #002) | |
| September 20, 2021 | Docket Event | ORDER - DISCHARGE ATTORNEY (Motion #002) | |
| September 20, 2021 | Docket Event | AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #002) | |
| September 17, 2021 | Docket Event | LETTER/CORRESPONDENCE - TO COURT (Motion #002) | |
| September 16, 2021 | Docket Event | ORDER (PROPOSED) (Motion #002) | |
| August 19, 2021 | Docket Event | ORDER TO SHOW CAUSE (Motion #002) | |
| August 18, 2021 | Docket Event | LETTER/CORRESPONDENCE - TO COURT (Motion #001) | |
| August 17, 2021 | Docket Event | PART 130 CERTIFICATION (Motion #002) | |
| August 17, 2021 | Docket Event | ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #002) | |
| July 26, 2021 | Docket Event | ORDER (PROPOSED) | |
| July 21, 2021 | Docket Event | LETTER/CORRESPONDENCE - TO COURT | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 20 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 19 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 18 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 17 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 15 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 7 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 5 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 6 (Motion #001) | |
| July 15, 2021 | Docket Event | AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #001) | |
| July 15, 2021 | Docket Event | PART 130 CERTIFICATION (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 10 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 9 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 8 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 13 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 12 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 3 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 2 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 1 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 16 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 14 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 11 (Motion #001) | |
| July 15, 2021 | Docket Event | EXHIBIT(S) - 4 (Motion #001) | |
| June 21, 2021 | Docket Event | AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #001) | |
| June 21, 2021 | Docket Event | EXHIBIT(S) - A (Motion #001) | |
| June 21, 2021 | Docket Event | EXHIBIT(S) - G (Motion #001) | |
| June 21, 2021 | Docket Event | EXHIBIT(S) - F (Motion #001) | |
| June 21, 2021 | Docket Event | EXHIBIT(S) - E (Motion #001) | |
| June 21, 2021 | Docket Event | EXHIBIT(S) - D (Motion #001) | |
| June 21, 2021 | Docket Event | EXHIBIT(S) - C (Motion #001) | |
| June 21, 2021 | Docket Event | EXHIBIT(S) - B (Motion #001) | |
| June 21, 2021 | Docket Event | ORDER TO SHOW CAUSE (Motion #001) | |
| June 21, 2021 | Docket Event | ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #001) | |
| June 03, 2021 | Docket Event | COURT NOTICE | |
| May 25, 2021 | Docket Event | LETTER/CORRESPONDENCE - TO COURT | |
| March 11, 2021 | Docket Event | LETTER/CORRESPONDENCE - TO COURT | |
| January 27, 2021 | Docket Event | CONSENT TO CHANGE ATTORNEY (POST RJI) | |
| December 22, 2020 | hearing |
Judge: Marx, Hon. Paul I. |
|
| December 21, 2020 | Docket Event | LETTER/CORRESPONDENCE - TO COURT | |
| December 21, 2020 | Docket Event | STATEMENT OF NET WORTH | |
| December 11, 2020 | Docket Event | STATEMENT OF NET WORTH | |
| November 23, 2020 | Docket Event | ANSWER WITH COUNTER-CLAIM(S) | |
| November 10, 2020 | Docket Event | ORDER - RECUSAL | |
| November 09, 2020 | Docket Event | RJI -RE: REQUEST FOR PRELIMINARY CONFERENCE | |
| November 09, 2020 | Docket Event | NO FEE AUTHORIZATION (LETTER/ORDER/AFFIRMATION) | |
| November 09, 2020 | Docket Event | MATRIMONIAL ADDENDUM (840M) | |
| November 06, 2020 | Docket Event | ORDER - POOR PERSON (Motion #1) | |
| November 06, 2020 | Docket Event | AFFIDAVIT IN SUPPORT OF APPLICATION TO PROCEED AS POOR PERSON (Motion #1) | |
| November 06, 2020 | Docket Event | ORDER TO SHOW CAUSE-SIGNED (Motion #1) | |
| October 29, 2020 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service of the Summons & Verified Complaint |
|
| October 02, 2020 | Docket Event | SUMMONS + COMPLAINT |
