BHPH Capital LLC v. KUT Auto Finance LLC et al
Plaintiff: BHPH Capital LLC
Defendant: KUT Auto Finance LLC and Nathaniel Syme
Case Number: 2:2022cv01099
Filed: June 29, 2022
Court: US District Court for the District of Arizona
Presiding Judge: Susan M Brnovich
Nature of Suit: Contract: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2022 Opinion or Order Filing 27 ORDER that the #26 Stipulation to Release Competing Claims to Alabama Motor Vehicle Titles is approved; and The Alabama Department of Revenue, Motor Vehicle Division is authorized and directed to release any and all holds or freezes related to the Vehicle Identification Numbers referenced in the Stipulation that arose related to competing claims by the parties to this lawsuit. Signed by Judge Susan M. Brnovich on 8/16/2022. (ESG)
August 15, 2022 Filing 26 STIPULATION to Release Competing Claims to Alabama Motor Vehicle Titles by BHPH Capital LLC. (Attachments: #1 Exhibit 1 and 2)(Florentine, James)
August 9, 2022 Filing 25 Corporate Disclosure Statement by KUT Auto Finance LLC. (Andrews, Joshua)
August 2, 2022 Filing 24 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Telephonic Status Conference held on 8/2/2022. The parties have informed the Court that a settlement has been reached and the terms of the settlement are set forth on the record. Upon request of the parties, this matter is stayed until 4/10/2023. APPEARANCES: Telephonic appearance by Benjamin Reeves for Plaintiff. Telephonic appearance by Joshua Andrews for Defendants. Telephonic Status Conference set for 4/10/2023 at 10:00 AM before Judge Susan M Brnovich. (Court Reporter Candy Potter.) Hearing held 10:01 AM to 10:08 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
August 2, 2022 Opinion or Order Filing 23 ORDER granting the Unopposed #20 Motion for Extension of Time. Defendants shall have up to and including August 15, 2022 in which to answer, plead or otherwise respond to the Complaint. Signed by Judge Susan M. Brnovich on 8/1/2022. (ESG)
August 2, 2022 Opinion or Order Filing 22 ORDER that the evidentiary hearing currently scheduled for August 2, 2022 is vacated; A telephonic hearing is set for August 2, 2022 at 10:00 a.m. (15 minutes allowed). The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. Signed by Judge Susan M. Brnovich on 8/2/2022. (ESG)
August 2, 2022 Filing 21 NOTICE of Settlement and Request to Convert August 2, 2022 Evidentiary Hearing to a Telephonic Hearing by BHPH Capital LLC. (Attachments: #1 Proposed Order)(Florentine, James)
August 1, 2022 Filing 20 First MOTION for Extension of Time to File Answer by KUT Auto Finance LLC, Nathaniel Syme. (Attachments: #1 Proposed Order Proposed Order)(Andrews, Joshua)
July 25, 2022 Opinion or Order Filing 19 ORDER pursuant to the #17 Stipulation to Continue, IT IS HEREBY ORDERED that the July 27, 2022 evidentiary hearing is reset to August 2, 2022 at 9:00 a.m. (3 hours allowed). IT IS FURTHER ORDERED that the parties shall deliver all exhibits to the Court no later than 5:00 p.m. on July 28, 2022. Signed by Judge Susan M. Brnovich on 7/25/2022. (ESG)
July 25, 2022 Filing 18 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to KUT Auto Finance LLC. (ESG)
July 22, 2022 Filing 17 STIPULATION re: 14 Show Cause Hearing,,,,,, Set/Reset Hearings,,,,,, Common Prompts (Text Only),,,,, STIP. TO CONTINUE JULY 27, 2022 HEARING TO AUGUST 2, 2022 AT 9:00 A.M. by BHPH Capital LLC. (Attachments: #1 Proposed Order)(Reeves, Benjamin)
July 22, 2022 Filing 16 NOTICE of Service of Discovery filed by KUT Auto Finance LLC, Nathaniel Syme. (Andrews, Joshua)
July 20, 2022 Filing 15 NOTICE of Service of Discovery filed by BHPH Capital LLC. (Florentine, James)
July 19, 2022 Filing 14 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Show Cause Hearing held on 7/19/2022. Argument held as to why a receiver should not be appointed to take possession and control over the Collateral. Defendant's request for an Evidentiary Hearing and request to appear telephonically is granted. IT IS ORDERED setting an Evidentiary Hearing on 7/27/2022 from 9:00 AM to Noon. IT IS FURTHER ORDERED that any requests from Plaintiff for disclosures by the defense or vice versa shall be submitted by no later than 5:00 PM on 7/20/2022 and that any responses to any requests for disclosure are due by Friday, 7/22/2022. IT IS FURTHER ORDERED that the parties exchange exhibits and provide a copy to the Court by not later than 5:00 PM on Monday, 7/25/2022. APPEARANCES: Benjamin Reeves for Plaintiff. Also present is the client representative Daniel Kennedy. Telephonic appearance by Joshua Andrews for Defendant. Also present is Nathaniel Syme appearing telephonically. Evidentiary Hearing set for 7/27/2022 at 09:00 AM (3 hrs) in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. (Court Reporter Elaine Cropper) Hearing held 4:30 PM to 4:54 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
July 19, 2022 Filing 13 RESPONSE (OBJECTIONS) to #10 Emergency MOTION to Appoint Receiver or, in the Alternative, for an Order to Show Cause why a Receiver Should Not be Appointed filed by KUT Auto Finance LLC, Nathaniel Syme. (LAD)
July 19, 2022 Remark: Pro hac vice motion(s) granted for Joshua A Andrews on behalf of Defendants KUT Auto Finance LLC, Nathaniel Syme. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
July 13, 2022 Filing 12 Corporate Disclosure Statement by BHPH Capital LLC. (Florentine, James)
July 8, 2022 Opinion or Order Filing 11 ORDER: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: Defendants are hereby ordered and directed to appear before this Court in Courtroom 506, Sandra Day O'Connor Courthouse U.S. Courthouse, 401 W Washington St., Phoenix, Arizona, 85003 on July 19, 2022, at 4:30 p.m. to show cause why a receiver should not be appointed to take possession and control over the Collateral [see attached Order for details] Signed by Judge Susan M Brnovich on 7/8/22. (MAW)
July 8, 2022 Filing 10 Emergency MOTION to Appoint Receiver or, in the Alternative, for an Order to Show Cause why a Receiver Should Not be Appointed by BHPH Capital LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Florentine, James)
July 1, 2022 Filing 9 Summons Issued as to KUT Auto Finance LLC, Nathaniel Syme. (Attachments: #1 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
June 30, 2022 Opinion or Order Filing 8 ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on September 27, 2022. Signed by Judge Susan M. Brnovich on 6/30/2022. (ESG)
June 30, 2022 Opinion or Order Filing 7 ORDER This matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings and are ordered as follows. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 6/30/2022. (ESG)
June 30, 2022 Filing 6 SUMMONS Submitted by BHPH Capital LLC. (Florentine, James)
June 30, 2022 Filing 5 SUMMONS Submitted by BHPH Capital LLC. (Florentine, James)
June 29, 2022 Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by BHPH Capital LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARC)
June 29, 2022 Filing 3 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to BHPH Capital LLC. (ARC)
June 29, 2022 Filing 2 Filing fee paid, receipt number AAZDC-20819425. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-22-1099-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC)
June 29, 2022 Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-20819425 filed by BHPH Capital LLC. (Florentine, James) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(ARC)

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Plaintiff: BHPH Capital LLC
Represented By: Benjamin William Reeves
Represented By: James George Florentine
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Defendant: KUT Auto Finance LLC
Represented By: Joshua A Andrews
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Defendant: Nathaniel Syme
Represented By: Joshua A Andrews
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