Foundation Capital Resources, Inc. v. Prayer Tabernacle Church of Love, Inc. et al
| Foundation Capital Resources, Inc. |
| Prayer Tabernacle Church of Love, Inc. and Federal Deposit Insurance Company |
| Prayer Tabernacle Church of Love, Inc. |
| Foundation Capital Resources, Inc. |
| 3:2017cv00135 |
| January 30, 2017 |
| US District Court for the District of Connecticut |
| New Haven Office |
| XX US, Outside State |
| Jeffrey A. Meyer |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
298
ORDER denying 286 Motion for Sanctions. Signed by Judge Thomas O. Farrish on 7/10/23. (Wood, R.)
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Filing
281
ORDER GRANTING PLAINTIFF'S MOTION FOR DEFICIENCY JUDGMENT. The Court ADOPTS the recommended ruling (Doc. # 252 ) and GRANTS the motion for deficiency judgment (Doc. # 162 ) in the amount of $9,056,859.98, plus interest in the amount of 6;42.18 for each day between August 6, 2020 and the date on which the deficiency judgment enters. The Clerk of Court shall prepare and enter a separate judgment and close this case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 01/31/2022. (Gilles, E.)
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Filing
273
ORDER. For the reasons stated in the attached ruling, the Court DENIES the motion to enter a stay pending appeal (Doc. # 261 ). In light of the reliance interests of third parties, the Court EXTENDS the temporary stay of the Rule 70 order in aid of e xecution until 12:00pm on November 22, 2021, as to the property at 1277 Stratford Avenue, and until 12:00pm on January 7, 2022, as to the properties at 729 Union Avenue and 1235 Stratford Avenue. These deadlines will not be extended absent mutual consent and joint motion of the parties. It is so ordered. Signed by Judge Jeffrey A. Meyer on 10/21/2021. (Gilles, E.)
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Filing
253
ORDER granting in part and denying in part Plaintiff's motion for order in aid of execution pursuant to Federal Rule of Civil Procedure 70. Signed by Judge Jeffrey A. Meyer on September 3, 2021. (Brooks, E.)
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Filing
250
ORDER granting in part and denying in part 193 Motion for Order in Aid of Execution; adopting 245 Recommended Ruling. For the reasons stated in the attached ruling, the Court GRANTS in part and DENIES in part the motion of plaintiff Foundation Capital pursuant to Fed. R. Civ. P. 70 (Doc. # 193 ). Consistent with the report and recommendation of Judge Farrish, the motion is GRANTED with respect to the properties known as 729 Union Avenue, 1243 Stratford Avenue, and 1277 Stratford Avenue but is DENIED with respect to the properties known as 851 Central Avenue and 1065 Central Avenue. To the extent necessary for effectuation of this order and to identify the specific purported tenants subject to the order, plaintiff Foundation Capital shall file a proposed order or other process for the Court's review on or before September 3, 2021. Signed by Judge Jeffrey A. Meyer on 08/30/2021. (Gilles, E.)
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Filing
153
ORDER TO SHOW CAUSE RE: SETTING OF LAW DAYS. Defendant has not objected to plaintiff's motion, Doc. # 148 , and the Court accordingly intends to grant it with one modification. Plaintiffs in this action propose that law days be set for June 15, 2020 and June 16, 2020. On May 15, the Chief Administrative Judge for Civil Matters of the Connecticut Judicial Branch issued an order immediately staying law days in the state judicial system until July 7, 2020 owing to the present COVID-19 pandemic . See Connecticut Judicial Branch, Covid-19 Information (last accessed May 28, 2020), https://jud.ct.gov/COVID19.htm [https://perma.cc/7B97-R66G] (collecting orders). It is unclear whether this state administrative order applies to a fe deral court sitting in diversity. See generally Gasperini v. Ctr. for Humanities, Inc., 518 U.S. 415 (1996); cf. Shady Grove Orthopedic Assocs., P.A. v. Allstate Ins. Co., 559 U.S. 393, 420 (2010) (Stevens, J., concurring) ("When a State chooses to use a traditionally procedural vehicle as a means of defining the scope of substantive rights or remedies, federal courts must recognize and respect that choice"). In light of this legal uncertainty, the relatively brief period between the proposed law days and law days that would conform with the state's Judicial Branch order, and considerations of comity, the Court is inclined to set law days for Wednesday, July 8, 2020, and Thursday, July 9, 2020. Plaintiff is orde red to show cause why law days should not be set for these dates not later than June 3, 2020. If plaintiff does not object to these proposed law days, they may file a statement to that effect on lieu of a response to this order. It is so ordered. Signed by Judge Jeffrey A. Meyer on 5/28/2020. (Webley, A)
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Filing
144
FINDINGS OF FACT AND CONCLUSIONS OF LAW: On the basis of all of the evidence and arguments, I find in favor of plaintiff Foundation Capital Resources Inc. and against defendant Prayer Tabernacle Church of Love with respect to all issues of liability, defenses, and the counterclaim. A judgment of strict foreclosure shall enter accordingly. Plaintiff may file any proposed orders to the extent necessary to effectuate the findings and conclusions of this ruling. It is so ordered. Signed by Judge Jeffrey A. Meyer on 2/28/2020. Signed by Judge Jeffrey A. Meyer on 2/28/20. This corrects document 142 of which the wrong event was used. (Pesta, J.)
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Filing
102
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT'S MOTION TO VACATE RECEIVERSHIP ORDER. For the reasons stated in the accompanying ruling, Foundation Capital's motion for summary judgment (Doc. # 87 ) is GRANTED in part and DENIED in part. The motion is GRANTED as to Foundation Capital's prima facie case, as to the Church's special defense under Conn. Gen. Stat. § 33-921, and as to all counterclaims exc ept for the CUTPA and fraud counterclaims. The motion is otherwise DENIED as to the special defenses of fraud, unconscionability, and unclean hands, as well as to the Church's counterclaims for CUTPA and fraud as subject to the limits of recoupm ent. In view of this ruling that allows the case to proceed to trial, the Court GRANTS without prejudice the Church's motion to vacate the receivership order (Doc. # 81 ). It is so ordered.Signed by Judge Jeffrey A. Meyer on 09/30/2018. (Rubin, N.)
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Filing
75
ORDER GRANTING RELIEF FROM DEFAULT JUDGMENT. For the reasons stated in the attached ruling, defendant's motion for relief from judgment under Rule 60(b) (Doc. # 65 ) is GRANTED. Defendant shall file its answer and any counterclaims by Novembe r 22, 2017. Any summary judgment motions shall be filed by December 20, 2017. Any response to any summary judgment motions shall be filed by January 22, 2018, and any reply to any response shall be filed by February 5, 2018. The Court will schedule oral argument on any summary judgment motions, and it is unlikely to grant additional extensions of time.It is so ordered. Signed by Judge Jeffrey A. Meyer on 11/8/2017. (Black, R.)
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