ECP Commercial IV LLC v. LH Development LLC et al

Justia Dockets & Filings Sixth Circuit Ohio Northern District ECP Commercial IV LLC v. LH Development LLC et al

ECP Commercial IV LLC v. LH Development LLC et al

Plaintiff:	ECP Commercial IV LLC
Defendant:	LH Development LLC, Cleveland Development Partnership II, L.P., Village Capital Corporation, City of Cleveland, Ohio, State of Ohio Department of Taxation and Cuyahoga County Treasurer
Receiver:	Elizabeth M. Lynch
Case Number:	1:2014cv02449
Filed:	November 5, 2014
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
County:	Cuyahoga
Presiding Judge:	James S Gwin
Nature of Suit:	Real Property: Foreclosure
Cause of Action:	28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on September 9, 2015. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 9, 2015	Filing 83 Order signed by Judge James S. Gwin on 9/9/15 approving the Final Report of Receiver, Final Application for Compensation by Receiver and Counsel to Receiver and the Application for Termination of the Receivership, all as set forth in this entry. (Related Doc. #82 ) (M,G)
September 9, 2015	Copy of Order mailed to LH Development LLC c/o FCE Statutory Agent, Inc., 50 Public Square, Suite 1360, Cleveland, OH 44113 on 9/9/15. (Related Doc. #83 ) (M,G)
August 25, 2015	Filing 82 Motion / (I) Final Report of Receiver, (II) Final and Joint Application for Allowance of Compensation by Receiver and Counsel to Receiver, and (III) Motion for Order Terminating Receivership filed by Receiver Elizabeth M. Lynch. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Final Report, #3 Exhibit C - Receiver's Statements, #4 Exhibit D - Counsel's Statements)(Mazur, Louise)
July 8, 2015	Filing 81 Order of Confirmation of Sale signed by Judge James S. Gwin on 7/8/15 for the property located at Lee Harvard Plaza, Cleveland, Ohio 44128. (Related Doc. #79 ) (M,G)
July 8, 2015	Copy of Order of Confirmation of Sale mailed to LH Development LLC c/o FCE Statutory Agent, Inc., 50 Public Square, Suite 1360, Cleveland, OH 44113 on 7/8/15. (Related Doc. #81 ) (M,G)
June 25, 2015	Filing 80 Notice of Substitution of Counsel. Laura L. Watson Aquila and Mark R. Butscha, Jr. appearing for defendant and James L. DeFeo withdrawing filed by Village Capital Corporation. (Aquila, Laura) Modified text on 6/26/2015 (H,KR).
June 17, 2015	Filing 79 Motion for Entry of Order: (I) Confirming Sale of Property to ECP Commercial IV LLC; (II) Authorizing Receiver to Execute Receivers Deed to Convey Property to ECP Commercial IV LLC; (III) Authorizing Sale of Property Free and Clear of Liens, Claims, Encumbrances, Leasehold Rights or Other Interests; (IV) Releasing the Receiver from any Liability Associated with Sale of Property; and (V) Approving the Form and Manner of Notice of the Sale filed by Receiver Elizabeth M. Lynch. Related document(s) #47 . (Attachments: #1 Exhibit A - Deed, #2 Exhibit B - Proposed Order, #3 Exhibit C - Advertisement)(Mazur, Louise)
June 9, 2015	Filing 78 Order signed by Judge James S. Gwin on 6/9/15 approving Receiver's motion for fees and expenses. (Related Doc. #75 ) (M,G)
June 9, 2015	Filing 77 Order signed by Judge James S. Gwin on 6/9/15 granting motion for payment of attorney fees on behalf of Receiver. (Related Doc. #74 ) (M,G)
June 9, 2015	Copy of Orders granting motions for payment of attorney fees and fees and expenses, both on behalf of the Receiver, mailed to to LH Development LLC c/o FCE Statutory Agent, Inc., 50 Public Square, Suite 1360, Cleveland, OH 44113 on 6/9/15. (Related Docs. #77 , #78 ) (M,G)
May 28, 2015	Filing 76 Notice of Filing Receiver's Status Report filed by Elizabeth M. Lynch. (Attachments: #1 Status Report, #2 Exhibit A - Receipts, #3 Exhibit B - Expenditures, #4 Exhibit C - Sources and Uses, #5 Exhibit D - Budget)Related document(s) #26 .(Mazur, Louise) Modified text on 5/29/2015 (H,KR).
May 18, 2015	Filing 75 Motion for an Order Approving Receiver's Fourth Interim Application for Allowance of Compensation filed by Receiver Elizabeth M. Lynch. Related document #26 . (Attachments: #1 Exhibit A - Report, #2 Exhibit B - Statement, #3 Proposed Order)(Mazur, Louise) Modified text on 5/19/2015 (M,TL).
May 18, 2015	Filing 74 Motion for an Order Approving Fourth Interim Application for Allowance of Compensation for Brouse McDowell, LPA, Counsel for the Receiver filed by Elizabeth M. Lynch . Related document #26 . (Attachments: #1 Exhibit A - Statement, #2 Proposed Order)(Mazur, Louise) Modified text to remove duplicate wording on 5/19/2015 (M,TL).
May 4, 2015	Order [non-document] approved by Judge James S. Gwin on 5/4/15 granting plaintiff's #73 motion to set deadline to file objections to Receiver's May 29, 2015 sale. Objections due by May 18, 2015 at 4:30 p.m. prevailing local time. (S,HR)
May 1, 2015	Filing 73 Motion Set Deadline to File Objections to May 29, 2015 Receiver's Sale and Supporting Memorandum filed by Plaintiff ECP Commercial IV LLC. Related document(s) #68 . (Friedberg, Jeremy)
May 1, 2015	Filing 72 Exhibit D - Monthly Budget Forecast to #71 Status Report filed by Elizabeth M. Lynch. (Mazur, Louise) Modified text and noted that the document is not captioned properly. Attorney Mazur has been notified to file all future documents with the appropriate captions on 5/4/2015 (H,KR).
April 30, 2015	Filing 71 Notice of Filing Receiver's Status Report filed by Elizabeth M. Lynch. (Attachments: #1 Status Report, #2 Exhibit A - Receipts, #3 Exhibit B - Expenditures, #4 Exhibit C - Source and Uses)Related document(s) #26 .(Mazur, Louise) Modified text on 5/1/2015 (H,KR).
April 28, 2015	Filing 70 Order signed by Judge James S. Gwin on 4/28/15 approving allowance of compensation for counsel for the Receiver in the amount of $633.00. (Related Doc. #59 ) (M,G)
April 28, 2015	Filing 69 Order signed by Judge James S. Gwin on 4/28/15 approving Receiver's third interim application for allowance of compensation in the total amount of $7912.13. (Related Doc. #58 ) (M,G)
April 28, 2015	Filing 68 Certificate of Mailing and Service of Notice of Sale filed by ECP Commercial IV LLC. (Stefanski, Alicia) Modified text on 4/28/2015 (H,KR).
April 28, 2015	Copy of Orders approving payment to Receiver and counsel mailed to LH Development LLC c/o FCE Statutory Agent, Inc., 50 Public Square, Suite 1360, Cleveland, OH 44113 on 4/28/15. (Related Docs. #69 , #70 ) (M,G)
April 20, 2015	Filing 67 Opinion and Order signed by Judge James S. Gwin on 4/20/15. The Court, for the reasons set forth in this entry, denies the motion to set aside the judgment filed by Defendant Village Capital and dissolves the stay of the foreclosure decree. (Related Doc. #63 ) (M,G)
April 20, 2015	Copy of Opinion and Order denying motion to set aside judgment and dissolving the stay mailed to LH Development LLC c/o FCE Statutory Agent, Inc., 50 Public Square, Suite 1360, Cleveland, OH 44113 on 4/20/15. (Related Doc. #67 ) (M,G)
April 17, 2015	Filing 66 Amended Answer to #1 Complaint filed by Village Capital Corporation. (Attachments: #1 Exhibit A to Amended Answer, #2 Exhibit B to Amended Answer, #3 Exhibit C to Amended Answer, #4 Exhibit D to Amended Answer, #5 Exhibit E to Amended Answer, #6 Exhibit F to Amended Answer, #7 Exhibit G to Amended Answer, #8 Exhibit H to Amended Answer, #9 Exhibit I to Amended Answer, #10 Exhibit J to Amended Answer)(Makhlouf, Majeed) Modified text on 4/17/2015 (H,KR).
April 15, 2015	Filing 65 Memorandum in Law in Opposition to #63 Emergency Motion to stay March 2, 2015 Judgment and Decree in Mortgage Foreclosure Under Civ.R. 62(b), Motion to Set Aside Default Judgment Under Civ.R. 55(c), Motion for Relief From March 2, 2015 Judgment and Decree in Mortgage Foreclosure Under Civ.R. 60(b), and Motion to Amend Answer Under Civ.R. 15(a)(2) filed by ECP Commercial IV LLC. (Attachments: #1 Exhibit A- Public Sale Advertisement, #2 Exhibit B- State of Ohio Certificate, #3 Exhibit C- Affidavit of Receiver)(Friedberg, Jeremy) Modified text on 4/16/2015 (H,KR).
April 8, 2015	Filing 64 Marginal Entry Order signed by Judge James S. Gwin on 4/8/15. The Court grants the motion of Village Capital Corporation for a stay and leave to file an amended answer. Responses to the instant motion shall be filed 4/22/15. (Related Doc. #63 ) (M,G)
April 8, 2015	Copy of Marginal Entry Order granting stay and leave to amend answer mailed to LH Development LLC c/o FCE Statutory Agent, Inc. 50 Public Square, Suite 1360 Cleveland, OH 44113 on 4/8/15. (Related Doc. #64 ) (M,G)
April 7, 2015	Filing 63 Emergency Motion to stay March 2, 2015 Judgment and Decree in Mortgage Foreclosure Under Civ.R. 62(b), Motion to Set Aside Default Judgment Under Civ.R. 55(c), Motion for Relief From March 2, 2015 Judgment and Decree in Mortgage Foreclosure Under Civ.R. 60(b), and Motion to Amend Answer Under Civ.R. 15(a)(2) filed by Defendant Village Capital Corporation. Related document(s) #47 , #23 . (Attachments: #1 Exhibit Exhibit 1)(Greenberger, Paul) Modified text on 4/8/2015 (H,KR).
April 7, 2015	Filing 62 Notice of Appearance as Additional Counsel. Jordan Berns, Paul M. Greenberger and Majeed G. Makhlouf enter their appearance for Defendant Village Capital Corporation filed by Village Capital Corporation. (Greenberger, Paul) Modified text on 4/8/2015 (H,KR).
April 7, 2015	Filing 61 Order signed by Judge James S. Gwin on 4/7/15 approving the second interim application for allowance of compensation for counsel for the Receiver in the amount of $2766.04. (Related Doc. #56 ) (M,G)
April 7, 2015	Filing 60 Order signed by Judge James S. Gwin on 4/7/15 approving Receiver's second interim application for allowance of compensation in the amount of $8492.00. (Related Doc. #55 ) (M,G)
April 7, 2015	Copy of Orders approving allowance for compensation to the Receiver and counsel mailed to LH Development LLC c/o FCE Statutory Agent, Inc., 50 Public Square, Suite 1360 Cleveland, OH 44113 on 4/7/15. (Related Docs. #60 , #61 ) (M,G)
March 30, 2015	Filing 59 Motion for an Order Approving Third Interim Application for Allowance of Compensation for Brouse McDowell, LPA, Counsel for the Receiver by Louise M. Mazur filed by Receiver Elizabeth M. Lynch. (Attachments: #1 Exhibit A - Statement, #2 Proposed Order)(Mazur, Louise) Modified text on 3/31/2015 (H,KR).
March 30, 2015	Filing 58 Third Interim Motion (Application) for Allowance of Compensation filed by Receiver Elizabeth M. Lynch. (Attachments: #1 Exhibit A - Report, #2 Exhibit B - Statement, #3 Proposed Order)(Mazur, Louise) Modified text on 3/31/2015 (H,KR).
March 30, 2015	Filing 57 Notice of Filing Receiver's Status Report filed by Elizabeth M. Lynch. (Attachments: #1 Status Report, #2 Exhibit A - Receipts, #3 Exhibit B - Expenditures, #4 Exhibit C - Sources and Uses, #5 Exhibit D - Budget)Related document(s) #26 .(Mazur, Louise) Modified text on 3/30/2015 (H,KR).
March 20, 2015	Filing 56 Motion for an Order Approving Second Interim Application for Allowance of Compensation for Brouse McDowell, LPA, Counsel for the Receiver by Louise M. Mazur filed by Receiver Elizabeth M. Lynch. Related document #26 . (Attachments: #1 Exhibit A - Statement, #2 Proposed Order)(Mazur, Louise) Modified text on 3/24/2015 (M,TL).
March 20, 2015	Filing 55 Motion for Allowance of Compensation filed by Receiver Elizabeth M. Lynch. Related document(s) #26 . (Attachments: #1 Exhibit A - Report, #2 Exhibit B - Statement, #3 Proposed Order)(Mazur, Louise)
March 16, 2015	Filing 54 Order signed by Judge James S. Gwin on 3/16/15. The Court, for the reasons set forth in this entry, orders the clerk not to enter the requested Rule 55(a) default. The Court further orders that Defendant Cleveland Development Partneship II LP serve LH Development LLC with its cross-claim using a method that satisfies Rule 4. (Related Doc. #50 ) (M,G)
March 16, 2015	Copy of Order regarding request for entry of default by Cleveland Development Partnership II LP mailed to LH Development LLC c/o FCE Statutory Agent, Inc., 50 Public Square, Suite 1360, Cleveland, OH 44113 on 3/16/15. (Related Doc. #54 ) (M,G)
March 9, 2015	Filing 53 Certificate of Mailing and Service of Amended Notice of Sale filed by ECP Commercial IV LLC. (Stefanski, Alicia) Modified text on 3/10/2015 (H,KR).
March 9, 2015	Filing 52 Marginal Entry Order signed by Judge James S. Gwin on 3/9/15 granting the motion of Attorney Suzana K. Koch to withdraw as counsel for the Receiver. (Related Doc. #51 ) (M,G)
March 9, 2015	Copy of Marginal Entry Order granting motion to withdraw of Attorney Suzana K. Koch mailed to LH Development LLC c/o FCE Statutory Agent, Inc., 50 Public Square, Suite 1360 Cleveland, OH 44113 on 3/9/15. (Related Doc. #52 ) (M,G)
March 5, 2015	Filing 51 Motion by Suzana K. Koch to withdraw and substitute counsel for receiver filed by Receiver Elizabeth M. Lynch. (Attachments: #1 Proposed Order)(Koch, Suzana) Modified text on 3/6/2015 (H,KR).
March 4, 2015	Filing 50 Application to Clerk for entry of default against Defendant LH Development LLC filed by Cleveland Development Partnership II, L.P.. (Attachments: #1 Exhibit A - Affidavit in Support of Request for Entry of Default, #2 Exhibit B - Proposed Entry of Default)(Marinucci, Dante)
March 4, 2015	Filing 49 Amended Certificate of Service Regarding its Answer and Cross-Claims filed by Cleveland Development Partnership II, L.P.. (Attachments: #1 Exhibit A - Certified Mail Receipts) Related document(s) #34 .(Marinucci, Dante) Modified text on 3/6/2015 (H,KR).
March 2, 2015	Filing 48 Certificate of Mailing and Service of Notice of Sale filed by ECP Commercial IV LLC. (Attachments: #1 Exhibit - Receiver's Sale)(Stefanski, Alicia) Modified duplicate text on 3/3/2015 (H,KR).
March 2, 2015	Filing 47 Judgment and Decree of Foreclosure signed by Judge James S. Gwin on 3/2/15. (Attachments: #1 Legal Description) (Related Doc. #37 ) (M,G)
March 2, 2015	Copy of Judgment and Decree of Foreclosure mailed to LH Development LLC c/o FCE, Statutory Agent, Inc., 50 Public Square, Suite 1360, Cleveland, OH 44113 on 3/2/15. (Related Doc. #47 ) (M,G)
February 27, 2015	Filing 46 Notice of Filing Receiver's Status Report filed by Elizabeth M. Lynch. (Attachments: #1 Status Report, #2 Exhibit A - Receipts, #3 Exhibit B - Expenditures, #4 Exhibit C - Sources and Uses, #5 Exhibit D - Budget)Related document(s) #26 .(Koch, Suzana) Modified text on 3/3/2015 (H,KR).
February 23, 2015	Filing 45 Order signed by Judge James S. Gwin on 2/23/15 approving first interim application for allow of compensation for Brouse McDowell, LPA, counsel for the receiver, in the amount of $4638.50. (Related Doc. #41 ) (M,G)
February 23, 2015	Filing 44 Order signed by Judge James S. Gwin on 2/23/15 approving Receiver's first interim application for allowance of compensation in the amount of $8018.50 in fees and expenses in amount of $14.08. (Related Doc. #40 ) (M,G) (Additional attachment(s) added to try and correct page orientation on 2/23/2015: #2 Main Document; NEF regenerated) (M,G). Document corrupt and would not orient properly for filer. (S,HR).
February 23, 2015	Copy of orders granting first interim payments to Receiver and Receiver's counsel mailed to LH Development LLC c/o FCE, Statutory Agent, Inc. 50 Public Square, Suite 1360 Cleveland, OH 44113 on 2/23/15. (Related Docs. #44 , #45 ) (M,G)
February 13, 2015	Filing 43 Supplement to #37 Motion for default judgment filed by ECP Commercial IV LLC. Related document(s) #37 . (Attachments: #1 Exhibit A - Proof of Service of Complaint, #2Exhibit B - Affidavit of Alicia Stefanski Esq.)(Stefanski, Alicia) Modified to remove double wording on 2/18/2015 (S,HR).
February 2, 2015	Filing 42 Notice of Filing Amended Receiver's Inventory and Initial Report filed by Elizabeth M. Lynch. (Attachments: #1 Exhibit A - Agreement, #2 Exhibit B - Receipts, #3 Exhibit C - Expenditures, #4 Exhibit D - Inventory). Related document(s) #39 . (Koch, Suzana) Modified text. Not text-searchable. Filer advised on 2/2/2015 (S,HR).
January 30, 2015	Filing 41 Motion for an order approving first interim application for allowance of compensation for Brouse McDowell, LPA, counsel for the receiver filed by Receiver Elizabeth M. Lynch. (Attachments: #1 Exhibit A - Statement, #2 Proposed Order)(Koch, Suzana) Modified text. Not text-searchable on 2/3/2015 (S,HR).
January 30, 2015	Filing 40 Motion (application) for interim allowance of compensation filed by Receiver Elizabeth M. Lynch. (Attachments: #1 Exhibit A - Report, #2 Exhibit B - Statement, #3 Proposed Order)(Koch, Suzana) Modified text. Not text-searchable. Filer advised on 2/3/2015 (S,HR).
January 30, 2015	Filing 39 Notice of Filing Receiver's Inventory and Initial Report filed by Elizabeth M. Lynch. (Attachments: #1 Exhibit A - Agreement, #2 Exhibit B - Receipts, #3 Exhibit C - Expenditures, #4 Exhibit D - Inventory) Related document(s) #26 .(Koch, Suzana) not text-searchable. Filer advised on 2/3/2015 (S,HR).
January 28, 2015	Filing 38 Attorney Appearance by Louise M. Mazur filed by on behalf of Elizabeth M. Lynch. (Mazur, Louise)
January 23, 2015	Filing 37 Motion for default judgment filed by Plaintiff ECP Commercial IV LLC. Related document(s) #36 . (Attachments: #1 Exhibit A - Title Commitment, #2 Exhibit B - Affidavit, #3 Proposed Order of Judgment)(Stefanski, Alicia) Modified to remove double wording on 1/26/2015 (S,HR).
January 23, 2015	Filing 36 Default Entered on 1/23/15 against Defendant LH Development LLC. Geri M. Smith, Clerk by Gwen Mackey, Deputy Clerk. (Related Doc. #35 ) (M,G)
January 23, 2015	Copy of Default Entered mailed to LH Development LLC c/o FCE Statutory Agent, Inc., 50 Public Square, Suite 1360, Cleveland, Ohio 44113 on 1/23/15. (Related Doc. #36 ) (M,G)
January 16, 2015	Filing 35 Application to Clerk for entry of default against Defendant, LH Development LLC filed by ECP Commercial IV LLC. (Attachments: #1 Exhibit A - Affidavit in Support of Request for Entry of Default, #2Exhibit B - Entry of Default)(Stefanski, Alicia) Modified exhibit descriptions on 1/20/2015 (S,HR).
December 22, 2014	Filing 34 Answer to #1 Complaint , and Crossclaim against LH Development LLC filed by Cleveland Development Partnership II, L.P. (Attachments: #1 Exhibit A - Open-End Mortgage Assignment of Lease and Rents and Security Agreement, #2 Exhibit B - Second Amended and Restated Replacement Subordination-Intercreditor Agreement, #3 Exhibit C - Loan Agreement, #4 Exhibit D - Promissory Note, #5 Exhibit E - Amended and Restated Note, #6 Exhibit F - Amendment of Loan Agreement Mortgage and Note, #7 Exhibit G - Amendment of Loan Agreement Mortgage and Note)(Marinucci, Dante)
December 12, 2014	Order [non-document] entered by Judge James S. Gwin on 12/12/14 granting the motion of Attorney Seth H. Corthell to withdraw as counsel for Defendant Village Capital Corporation. (Related Doc. #33 ) (M,G)
December 10, 2014	Filing 33 Motion by Seth H. Corthell to withdraw as attorney filed by Defendant Village Capital Corporation. (DeFeo, James)
December 9, 2014	Filing 32 Affidavit of Counsel for Receiver filed by Elizabeth M. Lynch. Related document(s) #26 . (Koch, Suzana) Modified text on 12/10/2014 (S,HR).
December 9, 2014	Filing 31 Affidavit of Receiver filed by Elizabeth M. Lynch. Related document(s) #26 , #27 . (Koch, Suzana) Modified text on 12/10/2014 (S,HR).
December 9, 2014	Filing 30 Answer to #1 Complaint filed by State of Ohio Department of Taxation. (Phillips, Sherry)
December 5, 2014	Filing 29 Corporate Disclosure Statement filed by Cleveland Development Partnership II, L.P.. (Marinucci, Dante)
December 4, 2014	Filing 28 Attorney Appearance as Counsel for Receiver by Suzana Krstevski Koch filed by on behalf of Elizabeth M. Lynch. (Koch, Suzana)
December 4, 2014	Filing 27 Oath of Receiver filed by Elizabeth M. Lynch. Related document(s) #26 . (Koch, Suzana) Modified text on 12/8/2014 (S,HR).
December 4, 2014	Notice by Clerk that Cleveland Development Partnership II, LP failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,HR)
December 4, 2014	Order [non-document] entered by Judge James S. Gwin on 12/4/14 granting an extension of time until 12/22/14 for the filing of an answer to the complaint by Cleveland Development Partnership II, L.P. (Related Doc. #24 ) (M,G)
December 3, 2014	Filing 26 Agreed Order Appointing Receiver approved by Judge James S. Gwin on 12/4/14. (Related Doc. #4 ) (M,G)
December 3, 2014	Notice to Attorney Seth H. Corthell. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #23 . (G,CA)
December 1, 2014	Filing 25 Corporate Disclosure Statement filed by Village Capital Corporation. (DeFeo, James)
December 1, 2014	Filing 24 Motion for extension of time until December 22, 2014 to answer, move or otherwise plead to complaint filed by Defendant Cleveland Development Partnership II, L.P. Related document(s) #1 . (Friedman, Steven) Modified text on 12/4/2014 (S,HR).
November 26, 2014	Filing 23 Answer to #1 Complaint filed by Village Capital Corporation. (Attachments: #1 Exhibit A - Loan Agreement, #2 Exhibit B - Cognovit Promissory Note, #3 Exhibit C - Amendment to Cognovit Note, #4 Exhibit D - Second Amendment to Cognovit Promissory Note, #5 Exhibit E - Third Amendment to Cognovit Promissory Note, #6 Exhibit F - Open-End Mortgage and Security Agreement, #7 Exhibit G - Assignment of Leases and Rents, #8 Exhibit H - Amendment to Loan Agreement Mortgage and Lease Agreement, #9 Exhibit I - Second Amendment to Loan Agreement Mortgage and Lease Agreement, #10 Exhibit J - Third Amendment to Loan Agreement Mortgage and Lease Agreement)(DeFeo, James)
November 26, 2014	Filing 22 Answer to #1 Complaint, filed by City of Cleveland, Ohio. (Attachments: #1 Exhibit A - Mortgage and Security Agreement, #2 Exhibit B - Assignment and Assumption Agreement, #3 Exhibit C - Promissory Note and Mortgage Deed) (McGory, Jonathan). Modified text on 12/1/2014 (H,SP).
November 18, 2014	Filing 21 Attorney Appearance and Request for Service by Jeremy S. Friedberg filed by on behalf of ECP Commercial IV LLC. (Friedberg, Jeremy) Modified text on 11/19/2014 (G,CA).
November 14, 2014	Filing 20 Notice of Service of Motion for Appointment of Receiver and Related Injunctive Relief upon LH Development LLC filed by ECP Commercial IV LLC. (Attachments: #1 Exhibit Proof of Service) (Related document(s) #4 ) (Stefanski, Alicia). Modified text on 11/14/2014 (H,SP).
November 14, 2014	Filing 19 Notice of Service of Motion for Appointment of Receiver and Related Injunctive Relief upon City of Cleveland, Ohio filed by ECP Commercial IV LLC. (Attachments: #1 Exhibit Proof of Service) (Related document(s) #4 ) (Stefanski, Alicia). Modified text on 11/14/2014 (H,SP).
November 14, 2014	Filing 18 Notice of Service of Motion for Appointment of Receiver and Related Injunctive Relief upon Cuyahoga County Treasurer filed by ECP Commercial IV LLC. (Attachments: #1 Exhibit Proof of Service) (Related document(s) #4 ) (Stefanski, Alicia). Modified text on 11/14/2014 (H,SP).
November 14, 2014	Filing 17 Notice of Service of Motion for Appointment of Receiver and Related Injunctive Relief upon State of Ohio Department of Taxation filed by ECP Commercial IV LLC. (Attachments: #1 Exhibit Proof of Service) (Related document(s) #4 ) (Stefanski, Alicia). Modified text on 11/14/2014 (H,SP).
November 14, 2014	Filing 16 Notice of Service of Motion for Appointment of Receiver and Related Injunctive Relief upon Cleveland Development Partnership II, L.P. filed by ECP Commercial IV LLC. (Attachments: #1 Exhibit Proof of Service) (Related document(s) #4 ) (Stefanski, Alicia). Modified on 11/14/2014 (H,SP).
November 14, 2014	Filing 15 Notice of Service of Motion for Appointment of Receiver and Related Injunctive Relief upon Village Capital Corporation filed by ECP Commercial IV LLC. (Attachments: #1 Exhibit Proof of Service) (Related document(s) #4 ) (Stefanski, Alicia). Modified text on 11/14/2014 (H,SP).
November 14, 2014	Filing 14 Return of Service by personal service executed upon LH Development LLC on 11/7/2014, filed on behalf of ECP Commercial IV LLC Related document(s) #1 . (Stefanski, Alicia)
November 14, 2014	Filing 13 Return of Service by personal service executed upon City of Cleveland, Ohio on 11/7/2014, filed on behalf of ECP Commercial IV LLC Related document(s) #1 . (Stefanski, Alicia)
November 14, 2014	Filing 12 Return of Service by personal service executed upon Cuyahoga County Treasurer on 11/7/2014, filed on behalf of ECP Commercial IV LLC Related document(s) #1 . (Stefanski, Alicia)
November 14, 2014	Filing 11 Return of Service by personal service executed upon State of Ohio Department of Taxation on 11/7/2014, filed on behalf of ECP Commercial IV LLC Related document(s) #1 . (Stefanski, Alicia)
November 14, 2014	Filing 10 Return of Service by personal service executed upon Cleveland Development Partnership II, L.P. on 11/7/2014, filed on behalf of ECP Commercial IV LLC Related document(s) #1 . (Stefanski, Alicia)
November 14, 2014	Filing 9 Return of Service by personal service executed upon Village Capital Corporation on 11/7/2014, filed on behalf of ECP Commercial IV LLC Related document(s) #1 . (Stefanski, Alicia)
November 14, 2014	Filing 8 FILING ERROR, WRONG EVENT USED, SEE ENTRY #9 FOR CORRECT FILING. Subpoena Returned Executed, by personal service executed upon Village Capital Corporation by Process Server on 11/07/14 filed on behalf of ECP Commercial IV LLC (Related document(s) #1 ) (Stefanski, Alicia). Modified on 11/14/2014 for filing error (H,SP).
November 14, 2014	Order [non-document] entered by Judge James S. Gwin on 11/14/14 granting the motion for admission pro hac vice of Attorney Jeremy S. Friedberg on behalf of plaintiff. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc. #5 ) (M,G)
November 13, 2014	Filing 7 Notice of Review of Foreclosure Complaint and Accompanying Documents. (P,G)
November 13, 2014	Filing 6 Affidavit/Declaration of Jeremy S. Friedberg filed by ECP Commercial IV LLC. Related document(s) #5 . (Attachments: #1 Proposed Order) Stefanski, Alicia) Modified text 11/13/2014 (C,KA).
November 13, 2014	Filing 5 Motion for Jeremy S. Friedberg to appear Pro Hac Vice Filing fee $ 120, receipt number 0647-6826318, filed by Plaintiff ECP Commercial IV LLC. (Stefanski, Alicia) Modified text 11/13/2014 (C,KA). Modified attorney's name on 11/19/2014 (G,CA).
November 5, 2014	Filing 4 Motion for Appointment of a Receiver and Related Injunctive Relief filed by Plaintiff ECP Commercial IV LLC. (Attachments: #1 Exhibit A - Agreed Order Appointing Receiver, #2 Exhibit B - Receiver's CV, #3 Exhibit C - Property Management Agreement, #4 Exhibit D - 13 Week Budget) (Robinson, Timothy). Modified text on 11/6/2014 (H,SP).
November 5, 2014	Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon City of Cleveland, Ohio, Cleveland Development Partnership II, L.P., Cuyahoga County Treasurer, LH Development LLC, State of Ohio Department of Taxation & Village Capital Corporation. (Attachments: #1 Magistrate Consent Form) (C,BA)
November 5, 2014	Filing 2 Corporate Disclosure Statement filed by ECP Commercial IV LLC. (Robinson, Timothy)
November 5, 2014	Filing 1 Complaint for Foreclosure, Appointment of a Receiver, and Injunctive Relief against All Defendants. Filing fee paid $400, Receipt number 0647-6815035. Filed by ECP Commercial IV LLC. (Attachments: #1 Exhibit 1 - Loan Agreement, #2 Exhibit 2 - Mortgage Note, #3 Exhibit 3 - Mortgage, #4 Exhibit 4 - Assignment of Rents, #5 Exhibit 5 - Uniform Commercial Code Financing Statement, #6 Exhibit 6 - First Amended Loan Agreement, #7 Exhibit 7 - Amended Note, #8 Exhibit 8 - First Modification, #9 Exhibit 9 - Modification Agreement, #10 Exhibit 10 - Notice of Default, #11 Exhibit 11 - Allonge, #12 Exhibit 12 - Assignment of Mortgage, #13 Exhibit 13 - Assignment of Rents, #14 Exhibit 14 - Uniform Commercial Code Filing Acknowledgment, #15 Exhibit 15 - Judicial Title Commitment, #16 Exhibit 16 - Affidavit of Nathan Cann, #17 Exhibit 14 - Proposed Agreed Order, #18 Civil Cover Sheet, #19 Summons LH Development LLC, #20 Summons Cleveland Development Partnership II, L.P., #21 Summons Village Capital Corporation, #22 Summons City of Cleveland, Ohio, #23 Summons State of Ohio Department of Taxation, #24 Summons Cuyahoga County Treasurer) (Robinson, Timothy). Modified text on 11/6/2014 (H,SP).
November 5, 2014	Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman. (C,BA)
November 5, 2014	Judge James S. Gwin assigned to case. (C,BA)

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Search for this case: ECP Commercial IV LLC v. LH Development LLC et al
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Plaintiff: ECP Commercial IV LLC
Represented By:	Jeremy S. Friedberg
Represented By:	Alicia M. Stefanski
Represented By:	Timothy J. Robinson
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Defendant: LH Development LLC
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Defendant: Cleveland Development Partnership II, L.P.
Represented By:	Dante A. Marinucci
Represented By:	Steven A. Friedman
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Defendant: Village Capital Corporation
Represented By:	Jordan B. Berns
Represented By:	Majeed G. Makhlouf
Represented By:	Mark R. Butscha
Represented By:	James L. DeFeo
Represented By:	Laura L.W. Schultz
Represented By:	Paul M. Greenberger
Represented By:	Seth H. Corthell
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Defendant: City of Cleveland, Ohio
Represented By:	Jonathan S. McGory
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Defendant: State of Ohio Department of Taxation
Represented By:	Sherry M. Phillips
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Defendant: Cuyahoga County Treasurer
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Receiver: Elizabeth M. Lynch
Represented By:	Louise M. Mazur
Represented By:	Suzana Krstevski Koch
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