CP III Rincon Towers, Inc. v. Cohen
Plaintiff: CP III Rincon Towers, Inc.
Defendant: Richard D. Cohen
Case Number: 1:2010cv04638
Filed: June 14, 2010
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Deborah A. Batts
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 1332 ni Diversity-Negotiable Instrument
Jury Demanded By: None
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Date Filed Document Text
January 6, 2022 Opinion or Order Filing 221 CLERK'S JUDGMENT re: 220 Findings of Fact & Conclusions of Law, in favor of Richard D. Cohen against CP III Rincon Towers, LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Findings of Fact a nd Conclusions of Law dated January 6, 2022, the Court concludes that the parties agreed to a nonrecourse loan with limited carveouts and never intended for the liens at issue here to trigger Cohen's full recourse liability under the Guaranty. Judgment is entered in favor of Cohen and this case is closed. (Signed by Judge Jesse M. Furman on 1/6/2022) (Attachments: # 1 Notice of Right to Appeal) (dt)
December 6, 2021 Opinion or Order Filing 203 MEMORANDUM OPINION AND ORDER granting in part and denying in part 180 Motion in Limine. For the reasons set forth above, the Court rejects Cohen's argument that CP III's claims are barred in their entirety, and it GRANTS in part an d DENIES in part CP III's motion for collateral estoppel. In particular, the Court holds that Cohen is estopped from disputing the following factual findings that were made by the California court: 1. That the borrowers breached the l oan agreement by, among other things, "failing to paythe Master Association fees that were due, failing to pay other vendors when due, and allowing those non-payments to mature into liens encumbering the Property without Lender's prior written consent" or approval, CA Statement of Decision 18. 2. That the agreement was not modified by the lender's failure to "assert the liens as an event of default until April 2010," and that liens were a breach of the ag reement despite the lender's delay in asserting default, id. at 19-20. 3. That the lender did not improperly withhold funds from the borrowers that could have been used by the borrowers to avoid or cure the events that allegedly triggered the Guaranty, see id. at 21-22. The Clerk of Court is directed to terminate ECF No. 180. SO ORDERED.. (Signed by Judge Jesse M. Furman on 12/6/2021) (ks)
December 2, 2021 Opinion or Order Filing 202 ORDER: There is a pretrial conference in this case scheduled for December 7, 2021, and trial is scheduled to begin December 13, 2021. Unless and until the Court orders otherwise, both the pretrial conference and the trial will be held in per son, and counsel should plan to proceed in person. Counsel should also note that the Court will not sit on December 15, 2021. For in person proceedings, all members of the public, including attorneys, must complete a questionnaire and have their temperature taken before being allowed entry into the Courthouse. Attached to this Order are instructions and a link to the questionnaire. In light of these protocols, counsel and Defendant should arrive at the Courthouse early to ensure that t he proceeding can begin on time. A mask (fully covering the mouth and nose) must be worn at all times while in the Courthouse, including in the Courtroom. (Please note that bandanas, neck gaiters, or masks with exhalation valves or vents are not p ermitted.) If someone does not have adequate face covering, it will be provided upon entry by the Court Security Officers. In the interest of public health, and in order to comply with social distancing protocols, the parties are strongly encourage d to limit the number of people in the courtroom as much as possible. Indeed, seating at both counsel table and in the public area of the courtroom will be severely limited. In view of those limitations and the restrictions on entry into the Court house, the Court will provide listen-only public access to the proceeding by telephone given the public health situation. Members of the public may listen to the proceeding by calling the Court's dedicated conference call line at (888) 363-4749, using access code 542-1540 followed by the pound (#) key. (Signed by Judge Jesse M. Furman on 12/2/2021) (rro)
December 1, 2021 Opinion or Order Filing 200 ORDER: Trial in this case is set to begin December 13, 2021. No later than December 6, 2021, each party shall file, with respect to each direct-testimony witness declaration submitted by the opposing party, a chart with three columns: (1) listin g any paragraph number of the declaration to which the party objects; (2) the text of the paragraph subject to objection; and (3) the basis for the objection (i.e., the relevant Rule and, if appropriate, a brief explanation). In addition, and per the Court's Order at ECF No. 170 and Section 5(C) of the Court's Individual Rules and Practices, the parties were required to submit with their pretrial materials "an electronic copy of each exhibit sought to be admitted (with each f ilename corresponding to the relevant exhibit number e.g., "PX-1," "DX-1," etc.) on a CD-ROM or a DVD." The Court appears to have only an electronic copy of Defendant's trial exhibits (either because Plaintiff ne ver submitted its exhibits or they were misplaced while the Chambers staff was working remotely). Plaintiff should promptly submit an electronic copy of its trial exhibits, and the parties should promptly submit an electronic copy of their joint exhibits. The Court does not require any additional hardcopies only electronic copies. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/1/2021) (va)
November 1, 2021 Opinion or Order Filing 197 SCHEDULING ORDER: This Order is to confirm that the parties should be prepared to begin trial on December 13, 2021. Trial will be in person unless and until the Court orders otherwise. Counsel should familiarize themselves with the Court's Ind ividual Rules and Practices for Trials, available at http://nysd.uscourts.gov/cases/show.php?db=judge_info&id=1046. Per the Court's Order of August 30, 2021, see ECF No. 196, the final pretrial conference in this case will take place on Decem ber 7, 2021 at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The final pretrial conference must be attended by the attorney who will serve as principal trial counsel. The parties are reminde d that the trial date will not be adjourned on account of a settlement in principle; put differently, unless the parties (1) file a stipulation of dismissal or settlement or (2) appear in person to put the material terms of a settlement on the reco rd (and the Court approves the settlement to the extent that such approval is required), the parties should be prepared to go to trial as scheduled. (Ready for Trial by 12/13/2021., Final Pretrial Conference set for 12/7/2021 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/1/2021) (rro)
July 29, 2021 Opinion or Order Filing 186 ORDER: The parties shall appear for a conference on August 5, 2021 at 4:00 p.m. to discuss scheduling a trial date. The conference will be held remotely by telephone in accordance with Rule 2(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) ke y. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) Counsel should review and comply with the rules regarding teleconferences in the Court's Individ ual Rules and Practices in Civil Cases, including Rule 2(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED. (Telephone Conference set for 8/5/2021 at 04:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/29/2021) (jca)
December 22, 2020 Opinion or Order Filing 168 ORDER. On December 21, 2020, the parties timely filed their submissions in response to the Court's Order. See ECF No. 167; see also See ECF Nos. 164, 166. Although the parties attached stipulations of undisputed facts and exhibit lists, the joint letter failed to include several items directed by the Court's order, including whether the parties believe additional discovery is necessary, whether a conference would be appropriate, and a proposed path forward for resolving any remaining disputes. No later than January 4, 2021, the parties shall file a joint letter responsive to the remaining topics described in the Court's Order of October 22, 2020. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/22/20) (yv)
October 22, 2020 Opinion or Order Filing 162 ORDER denying without prejudice to renewal by formal motion 131 Motion for Regarding the Preclusive Effect of Prior Litigation Filed Pursuant to Court's August 14, 2018 Order [Docket No. 130] re: 130 Scheduling Order. The Court orders as follows: 1. Plaintiff's motion regarding preclusion is DENIED without prejudice to renewal. 2. The parties shall meet and confer in an effort to reach agreement on a stipulation of undisputed facts and, no later than November 23, 2020, shall s ubmit a joint stipulation and proposed order identifying any facts upon which they can agree. 3. By the same date, the parties shall submit a joint letter identifying any facts that remain in dispute and proposing a path forward for resolving the d isputes (such as referral to Magistrate Judge Wang for assistance in reaching agreement; litigation, whether through a renewed pretrial motion or as part of trial; or a combination thereof). 4. In their joint letter, the parties shall also indicate whether they believe additional discovery is necessary and whether a conference would be appropriate. If additional discovery is necessary, the letter should (1) indicate the scope and proposed schedule for such discovery; and (2) include, as an attachment, a proposed Case Management Plan using the form available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. The Clerk of Court is directed to terminate ECF No. 131. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/22/20) (yv)
October 14, 2020 Opinion or Order Filing 160 ORDER: The Court will hold a telephone conference on October 22, 2020, at 12:00 p.m., to address the status of this case and how to advance it to resolution. No later than October 19, 2020, the parties shall file a joint letter on ECF advising the Court of any material developments in the case since the parties' letter of March 9, 2020. See ECF No. 150. To access the conference, counsel should call 888-363-4749 and use access code 5421540#. Members of the press and public may call the same number, but will not be permitted to speak during the conference. The parties are reminded to follow the procedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are av ailable at https://nysd.uscourts.gov/hon-jesse-m-furman. Among other things, those procedures require counsel to provide advance notice of who will participate in the conference and the telephone numbers they will use to participate. In accordance with the Court's Individual Rules and Practices, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours before the deadline or conference. The written submission must state (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (5) the date of the parties' next scheduled appearance before the Court. Unless counsel are notified that a conference has been adjourned, it will be held as scheduled SO ORDERED. (Telephone Conference set for 10/22/2020 at 12:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 10/14/2020) (jca)
July 20, 2020 Opinion or Order Filing 152 ORDER: The parties are directed to submit on July 31, 2020 and every 30 days thereafter a joint status letter. The status letter, limited to three pages in length, shall summarize the California Actions status and attach as exhibits all current docket sheets and copies of any orders or opinions entered since the last status letter on April 10, 2020. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 7/20/2020) (kv)
February 24, 2020 Opinion or Order Filing 147 ORDER: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment, except that any currently scheduled conf erence or oral argument before the Court is adjourned pending further order of the Court. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. The Court n otes that this case has already been referred to Magistrate Judge Wang for a Report & Recommendation on the pending motion at ECF No. 131. See ECF No. 141. Mindful of the fact that Magistrate Judge Wang is more familiar with both the motion and the l engthy procedural history of this case and that she recently held a status conference at which the parties provided oral argument on the pending motion, see ECF No. 146, the Court encourages the parties to consider consenting to proceed before Magist rate Judge Wang for all purposes. If both parties consent to proceed before the Magistrate Judge, counsel for Defendant shall by March 2, 2020, mail or email to Furman_NYSDChambers@nysd.uscourts.gov a fully executed Notice, Consent, and Referenc e of a Civil Action to a Magistrate Judge form, a copy of which isattached to this Order. If the Court approves that form, all further proceedings will then be conducted before Magistrate Judge Wang rather thanbefore the undersigned. If either party does not consent to conducting all further proceedings before Magistrate Judge Wang, the parties shall file a joint letter by March 2, 2020, advising the Court that the parties do not consent, but shall not disclose the identity of the party or parties who do not consent. There will be no adverse consequences if the parties do not consent to proceed before Magistrate Judge Wang. And as set forth herein. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/24/2020) (ama)
February 5, 2020 Opinion or Order Filing 146 ORDER: The Court held a Status Conference in this matter on February 4, 2020, hearing oral argument from the parties on Plaintiff's Motion Regarding the Preclusive Effect of Prior Litigation, ECF 131. As discussed at the conference, Plaintiff shall file the joint supplemental chart by April 10, 2020. (Signed by Magistrate Judge Ona T. Wang on 2/5/2020) (mro)
December 6, 2019 Opinion or Order Filing 144 ORDER granting 143 Letter Motion to Adjourn Conference. Application GRANTED. The January 16, 2020 conference is hereby adjourned to Tuesday, February 4, 2020 at 11:00 a.m. SO ORDERED. (Status Conference set for 2/4/2020 at 11:00 AM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 12/6/2019) (rro)
April 7, 2014 Opinion or Order Filing 103 OPINION 104165 re: 54 MOTION for Summary Judgment, filed by CP III Rincon Towers, Inc., 50 MOTION for Summary Judgment, filed by Richard D. Cohen. For the foregoing reasons, Defendant's Motion for Summary Judgment is GRANTED and Plaintiff's Motion for Summary Judgment is DENIED. The Clerk is directed to enter judgment in favor of Defendant and to close the docket in the matter. SO ORDERED. (Signed by Judge Deborah A. Batts on 4/7/2014) (ja) Modified on 4/7/2014 (nt).
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Plaintiff: CP III Rincon Towers, Inc.
Represented By: Ronald Gustav Blum
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Defendant: Richard D. Cohen
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