American Honda Finance Corp. v. Route 57 Development, LLC et al
| American Honda Finance Corp. |
| Route 57 Development, LLC, Prime, L.L.C., Toped Development LLC, Warners Road Development, LLC, Onondaga Development, LLC, 81 Front Street Development, LLC, Arbel LLC, Auburn Route 5 Development LLC, Automobile Franchise Acquistions, LLC, B&J Auto Sales, Inc., Collins Landing Development Corp., Dealmaker Auto Group, L.L.C., Dealmaker Dodge, LLC, Dealmaker Ford of Clay, LLC, Dealmaker Nissan, LLC, Dealmaker Ford, Inc., Dealmaker Honda of Potsdam, LLC, Dealmaker Leasing, L.L.C., Dealmaker Management, LLC, Dealmaker of Ogdensburg, L.L.C., Dealmaker of Potsdam, LLC, Dealmaker, L.L.C., Franchise Acquisitions, LLC, Ives Hill Country Club, Inc., Kimbrook Route 31 Development LLC, Kimbrook Route 31 L.L.C., Liberty Sackets Harbor LLC, Lobut Development, LLC, River North I, Inc., River North, LLC, SIM-SAC Development Corp., Toped Management Services, Inc., V.M. Paolozzi Imports, Inc., Thirty One Development LLC and Philip J. Simao |
| 7:2013cv00260 |
| March 6, 2013 |
| US District Court for the Northern District of New York |
| Watertown Office |
| Jefferson |
| Andrew T. Baxter |
| Glenn T. Suddaby |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgement |
| None |
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The following documents for this case are available for you to view or download:
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Filing
177
AMENDED ORDER FOR RECEIVERSHIP that Christopher Didio, Partner, CPA, CFE, of Dannible & McKee, LLP, Certified Public Accountants and Consultants, 221 South Warren Street, Syracuse, New York, 13202, is hereby appointed Receiver ("Receiver" ;) in the place of Adam J. Stanard, CPA, of Fust, Charles, Chambers, LLP, Certified Public Accountants, whose services are terminated. Adam J. Stanard, CPA and Fust, Charles, Chambers, LLP shall turn over the complete Receivership file, including a ll electronic documents ("Receivership File"), to the Receiver, within fourteen (14) days of the entry of this Amended Order for Receivership. Pursuant to CPLR § 6402, prior to entering upon his duties, the Receiver shall execute and file with the Clerk of this Court an oath, acknowledged by a notary public, that he will faithfully and fairly discharge the trust committed to him. Non-compliance with the terms of this Order, whether by Respondents, a garnishee or a transferee, may be punished as a contempt of Court under CPLR §§ 5210 and 5251. Signed by Chief Judge Glenn T. Suddaby on 10/23/2019. (sal )
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Filing
140
DECISION AND ORDER denying # 114 Petitioner's motion to enforce the settlement agreement; and granting # 133 and # 137 Petitioner's two letter-motions for an Order granting Petitioner leave to commence a civil contempt proceeding against Respondents pursuant to Local Rules 83.5(a) as a result of Respondents' non-compliance with the Court's Order Appointing Receiver of 5/13/16. Signed by Chief Judge Glenn T. Suddaby on 11/15/18. (lmw)
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Filing
81
DECISION AND ORDER granting in part # 75 Petitioner's motion: Petitioner is awarded a discretionary allowance in the amount of ONE HUNDRED EIGHTY ONE THOUSAND ONE HUNDRED THIRTY-FIVE DOLLARS AND SEVENTY-FIVE CENTS ($181,135.75) pursuant to NY CPLR §8303(b); and (2) Petitioner is awarded post-judgment interest at a rate of 0.20% per year on its two Judgments of March 29, 2012, for the principal amounts of $2,120,493.09 and $1,502,221.94, resulting in a total amount of principal and interest of THREE MILLION SIX HUNDRED FIFTY-TWO THOUSAND THREE DOLLARS AND EIGHTY-EIGHT CENTS ($3,652,003.88) due as of April 8, 2016, and an additional $20.01 per day due thereafter, until entry of Judgment in this action; and Petitioner's motion (Dkt. No. 75 ) is otherwise DENIED. The Clerk of the Court is directed to enter Judgment for Petitioner and close this action. Signed by Chief Judge Glenn T. Suddaby on 5/13/16. (lmw)
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Filing
70
DECISION AND ORDER granting # 45 Petitioner's Motion for Summary Judgment. Respondent shall pay over to Petitioner ninety percent 90% of any money in which Respondent Simao (including any debt or obligation due and owing from the entity Re spondents to Respondent Simao) until Petitioner's Judgment plus interest is satisfied. If the above-referenced amount to be paid is insufficient to satisfy the petitioner's judgment plus interest, the Court sets forth the acts to be taken w ithin the Decision and Order. A receiver shall be appointed within thirty days from the date of this order. Petitioner shall file a new motion within 30 days of the date of this order briefing the Court as to (1) the legal standard governing Petitio ner's request for a sum, not exceeding five percent of the Judgment, under NY CPLR 8303(b); (2) the amount of costs to which Petitioner is entitled as a prevailing party; and (3) the amount of interest that Petitioner is owed. Respondent shall file a response to that motion within 14 days from the date of their receipt of the motion. Signed by Chief Judge Glenn T. Suddaby on 3/1/16. (lmw)
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