Flatiron Acquisition Vehicle, LLC et al v. CSE Mortgage LLC et al
| Flatiron Acquisition Vehicle, LLC and CS Paradiso Holdings, LLC |
| CSE Mortgage LLC and CapitalSource Commercial Loan LLC, 2006-2 |
| 1:2017cv08987 |
| November 16, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Gregory H. Woods |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
210
CLERK'S AMENDED JUDGMENT re: 209 Order on Motion to Correct Judgment in favor of CapitalSource Finance LLC, CapitalSource Inc. against CS Paradiso Holdings, LLC, Flatiron Acquisition Vehicle, LLC; in favor of CSE Mortgage LLC against CS Paradiso Holdings, LLC, Flatiron Acquisition Vehicle, LLC; in favor of CSE Mortgage LLC, CapitalSource Finance LLC, CapitalSource Inc. against CS Paradiso Holdings, LLC, Flatiron Acquisition Vehicle, LLC in the amount of $662,051.93. It is h ereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in theCourt's Order dated April 19, 2022, Plaintiffs' motion is granted for the reasons stated in it. In addition, the Court is correcting a typographical error that resulte d in the exclusion of the Court's award of $936.40 in costsfrom the judgment. See Dkt. No. 205 at 27. Accordingly, an amended judgment is entered in this case as follows: (1) in favor of Defendants CI and CF jointly against Plaintiff CS Paradiso Holdings, LLC ("Paradiso") in the aggregate amount of $334,041.49, and (2) in favor of Defendant CSE against Plaintiff Flatiron Acquisition Vehicle, LLC ("Flatiron") in the amount of $327,074.04, plus prejudgm ent interest at a rate of 9% per annum from March 17, 2019 through February 9, 2022. For the avoidance of doubt, Flatiron and Paradiso are not jointly and severally liable for the judgments entered against each of them. Post-judgment interest shall accrue at the rate prescribed pursuant to 28 U.S.C. § 1961. (Signed by Clerk of Court Ruby Krajick on 4/21/2022) (Attachments: # 1 Right to Appeal) (km)
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Filing
206
CLERK'S JUDGMENT re: 205 Order, in favor of CapitalSource Finance LLC, CapitalSource Inc. against CS Paradiso Holdings, LLC, Flatiron Acquisition Vehicle, LLC in the amount of $334,041.49; in favor of CSE Mortgage LLC against CS Para diso Holdings, LLC, Flatiron Acquisition Vehicle, LLC in the amount of $ 411,380.19. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated February 9, 2022, judgment is entered: (1) in favor of Defendants CI and CF jointly in the aggregate amount of $334,041.49, and (2) in favor of Defendant CSE in the amount of $326,137.64, plus prejudgment interest at a rate of 9% per annum from March 17, 2019 through the date of judgment in the amount of $85,242.55 for a sum of $411,380.19. Post-judgment interest shall accrue at the rate prescribed pursuant to 28 U.S.C. § 1961. See Cappiello v. ICD Publications, Inc., 720 F.3d 109, 111 (2d Cir. 2013); accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 2/9/2022) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Filing
195
MEMORANDUM OPINION AND ORDER re: 182 LETTER MOTION to Seal for in Camera Review of CSE's legal invoices in support of its Motion for An Award of Attorneys' Fees and Costs addressed to Judge Gregory H. Woods from Carolina A. Fornos dated 12/7/2020. filed by CSE Mortgage LLC. Accordingly, CSE's motion to seal is granted in part. Defendant is directed to submit Exhibits A through E to the Fornos Declaration and Exhibits A through E to the Presnell Declaration with the hourly rates and billed amounts unredacted, and the entry from Exhibit E to the Presnell Declaration discussed in footnote 1 unredacted, no later than October 15, 2021. If Plaintiffs wish to provide additional arguments to the Court on the bas is of the additional information Defendant discloses, Plaintiffs may do so no later than November 5, 2021. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 182. SO ORDERED and further set forth in this Order. (Signed by Judge Gregory H. Woods on 9/29/2021) (rro)
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Filing
181
MEMORANDUM OPINION AND ORDER: Flatiron struck what appears to have been a good deal to buy Paradiso, knowing that an equity deal came with all of the liabilities associated with the company. But Paradiso's management seems to have for gotten that an equity deal also came with the obligation to run the company once it was purchased. This lawsuit should be an object lesson for corporate lawyers about many risky practices: signing documents without exhibits attached, late nig ht assembly of documents on the eve of a closing; delegation of even commonplace tasks to associates known to have trouble with "follow-through;" and the consequences of "fast and loose" closings. But the ultim ate cause of the injury here was the failure by Paradiso's new owner and its representatives to manage the company that they had just acquired. For these reasons, the Court finds for Defendants with respect to Plaintiffs' negligent misrepresentation claim, and for Defendants with respect to their claim for attorneys' fees. (Signed by Judge Gregory H. Woods on 11/22/2020) (mro)
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Filing
157
ORDER: Trial in this case is set to begin on October 26, 2020. Pursuant to Rule 43(a) of the Federal Rules of Civil Procedure, the current COVID-19 pandemic constitutes compelling circumstances and provides good cause to allow this tria l to be conducted remotely via videoconference. Accordingly, after due deliberation, the Court is prepared to adopt the following virtual hearing procedures which provide appropriate safeguards in relation to the trial of this matter. Any party objecting to these procedures or who wishes to suggest alternate procedures shall do so by a letter submitted on ECF no later than Thursday, October 15, 2020. IT IS HEREBY ORDERED THAT: The trial shall take place virtually via videoconf erence as set forth herein. The provider for videoconferencing will be TrialGraphix. All counsel who participate in the trial shall participate in appropriate pre-trial technology testing no later than October 19, 2020 and as may be required by further order of the Court; as further set forth herein. (Signed by Judge Gregory H. Woods on 10/14/2020) (mro)
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Filing
131
ORDER: The Court has reviewed Defendants' request for an additional round of summary judgment briefing and Plaintiffs' response. Dkt Nos. 128, 130. Defendants' request is denied. Under Federal Rule of Civil Procedure 56, "[u]nless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery." Fed. R. Civ. P. 56(b). That deadline has passed. And the Court does not believe that another round of summary judgment briefing-after Defendants have had one bite of the apple-would promote the "speedy[] and inexpensive" resolution of this case in light of the Court's prior dec ision. Fed. R. Civ. P. 1. It is time for this case to move forward to trial. In their letter, Dkt No. 130, Plaintiffs said that they consent to proceeding to trial in late July. No later than June 11, 2020, Defendants are directed to submit a let ter addressing whether they would be able to prepare their pretrial submissions for a trial date in late July. The parties are reminded that the Court may have to adjourn the October trial date that the Court previously selected to accommodate j ury trials that have been delayed because of COVID-19. But the Court is relatively confident (though, of course, not certain) that it could hold trial in this case in late July. In the same letter, Defendants are directed to address whether they would consent to holding the bench trial by remote means. (Signed by Judge Gregory H. Woods on 6/8/2020) (mro)
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Filing
124
ORDER: The settlement conference scheduled Wednesday May 20, 2020, at 10:00 a.m. is changed to a telephone conference. The Court will provide the information to dial-in to the Court's conference line via email within the next 5 days. Upon receip t of the email with the dial-in information, each counsel is directed to confirm with all other counsel that they have received the dial-in information. SO ORDERED., ( Telephone Conference set for 5/20/2020 at 10:00 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/21/2020) (ama)
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Filing
120
ORDER: A bench trial in this case will begin on Monday, October 26, 2020 at 9:00 a.m. The parties are directed to submit the pretrial materials outlined in the Court's Individual Rule 5 no later than September 8, 2020. Additionally, by the same date, the parties are directed to submit to the Court affidavits constituting the direct testimony of each trial witness, except for testimony of an adverse party, a person whose attendance must be compelled by subpoena, or a person for whom a party has requested and the Court has agreed to hear direct testimony during the trial. Three business days after submission of such affidavits, counsel for each party should submit a list of all affiants whom he or she intends to cr oss-examine at the trial. The original affidavits will be marked as exhibits at trial. Any motions in limine must also be filed no later than September 8, 2020. As outlined in the Court's Individual Rule 5(B)(i), if any motions in limine are filed, opposition papers are due no later than seven days after the date of service of the motion. Reply papers, if any, are due no later than four days after the date of service of the opposition. Courtesy copies of motions in limine should be submitted when the motions are fully briefed; courtesy copies of all other trial materials are due when filed. The Court will hold a final pretrial conference on October 8, 2020 at 3 p.m. to discuss the parties' pretrial submissions and, if necessary, to hear oral argument and potentially rule on any motions in limine. Both the trial and the final pretrial conference will take place in Courtroom 12C of the United States District Court for the Southern District of New Yor k, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. ( Bench Trial set for 10/26/2020 at 09:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods., Final Pretrial Conference set for 10/8/2020 at 03:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 3/2/2020) (mro)
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Filing
117
ORDER: On February 20, 2020, the Court issued a memorandum opinion and order in this case. Dkt No. 116. That opinion relied on portions of the deposition of Oliver Adams that are not included in the excerpt of the deposition that is published on the docket as Exhibit T to Plaintiffs' Third Amended Complaint. Dkt No. 83-13. Plaintiffs are directed to publish the entire transcript of the Adams deposition on the docket of this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/20/2020) (ama)
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Filing
116
MEMORANDUM OPINION AND ORDER re: 96 MOTION for Summary Judgment / Notice of Motion for Judgment By Defendants / Counterclaim-Plaintiffs CSE Mortgage LLC, CapitalSource Finance LLC, and CapitalSource Inc. filed by CapitalSource Financ e LLC, CapitalSource Inc., CSE Mortgage LLC. Defendants' motion for summary judgment is GRANTED in part and DENIED in part. Defendants are entitled to summary judgment with respect to Plaintiffs' claims under Tennessee lien law and for breach of the Settlement Agreement. Defendants are also entitled to summary judgment on their counterclaims for breach of the Settlement Agreement and for a declaratory judgment that CSE and CapSource Commercial are prevailing parties under the P urchase Agreement. However, Defendants' motion for summary judgment on Plaintiffs' negligent misrepresentation claim is denied. The Court will hold a status conference in this case on March 2, 2020 at 4 p.m. The parties are directed to ca ll Chambers (212-805-0296) at that time with all parties on the line. The Clerk of Court is directed to terminate the motion pending at Dkt No. 96. SO ORDERED., (Telephone Conference set for 3/2/2020 at 04:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 2/20/20) (yv)
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Filing
80
MEMORANDUM OPINION AND ORDER re: 43 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by CapitalSource Finance LLC, CapitalSource Inc., CSE Mortgage LLC, 59 LETTER MOTION for Oral Argument on Defendants& #039; Motion to Dismiss Plaintiffs' Second Amended Complaint addressed to Judge Gregory H. Woods from Carolina A. Fornos dated August 20, 2018 filed by CapitalSource Finance LLC, CapitalSource Inc., CSE Mortgage LLC. For the f oregoing reasons, Defendants' motion to dismiss is granted in part and denied in part. Defendants' motion to dismiss Plaintiffs' claim for breach of the Settlement Agreement (count one) is denied. Defendants' motion to d ismiss Plaintiffs' claim for breach of the Purchase Agreement (count two) is granted and Plaintiffs are denied leave to replead this claim. Defendants' motion to dismiss Plaintiffs' claim for violation of Tennessee lien law (cou nt three) is granted. Finally, Defendants' motion to dismiss Plaintiffs' claim for negligent misrepresentation (count four) is granted. Plaintiffs are granted leave to replead, as set forth above, with respect to count three and count four no later than thirty days from the date of this order. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 43 and 59. (Signed by Judge Gregory H. Woods on 3/17/2019) (mro)
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