Vesta Liberty Street, LLC v. ELX, LLC et al
Plaintiff: Vesta Liberty Street, LLC
Defendant: ELX, LLC f/k/a Electrix, LLC, Evolution Lighting LLC, CIBC Bank USA f/k/a The PrivateBank and Trust Company, James F Martin, ACM Capital Partners, LLC, ELX, LLC, CIBC Bank USA, Electrix, LLC, PrivateBank and Trust Company and ACM Capital Partners LLC
Case Number: 3:2021cv01719
Filed: December 27, 2021
Court: US District Court for the District of Connecticut
Presiding Judge: Stefan R Underhill
Nature of Suit: Rent Lease & Ejectment
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 23, 2022 Opinion or Order Filing 51 ORDER granting #50 Motion for Extension of Time until March 10, 2022 to file response to Motions to Dismiss. Signed by Judge Stefan R. Underhill on 2/23/2022. (Guerrier, C.)
February 18, 2022 Opinion or Order Filing 50 Second MOTION for Extension of Time until March 10, 2022 file response to Motions to Dismiss #30 MOTION to Dismiss Counts Six, Seven and Eight of Plaintiff's Amended Complaint, #34 MOTION to Dismiss re Counts Three, Four and Five of PLAINTIFF'S AMENDED COMPLAINT (CORRECTED) by Vesta Liberty Street, LLC. (Picard, Christopher)
February 15, 2022 Opinion or Order Filing 49 MOTION of Sponsoring Attorney to Be Excused from Court Appearances by CIBC Bank USA.Responses due by 3/8/2022 (Marks, Adam)
February 15, 2022 Opinion or Order Filing 48 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Rule 16 Conference set for 2/28/2022 10:00 AM before Judge Stefan R. Underhill. The call-in for the conference is 888.636.3807; when prompted for the access code, dial 650.8043 followed by #. (If asked whether to join the conference as the host, bypass that option by dialing #.) (Guerrier, C.)
February 9, 2022 Opinion or Order Filing 47 First REPORT of Rule 26(f) Planning Meeting. (Picard, Christopher)
February 8, 2022 Opinion or Order Filing 46 MOTION for Compliance Order by Vesta Liberty Street, LLC. (Skalka, Douglas)
February 8, 2022 Opinion or Order Filing 45 ORDER granting #42 Consent MOTION for Extension of Time until 2/11/2022 to respond and object to interrogatories and requests for production. Signed by Judge Stefan R. Underhill on 2/8/2022. (Guerrier, C.)
February 7, 2022 Opinion or Order Filing 44 NOTICE by ELX, LLC, Evolution Lighting LLC re #2 Notice (Other), #4 MOTION for Reconsideration NOTICE OF FILING MATERIAL RELATED TO PENDING MOTION FOR RECONSIDERATION / REARGUMENT (Attachments: #1 Exhibit Exhibit List for PJR Hearing, #2 Exhibit Exhibit 1 -- Lease, #3 Exhibit Exhibit 2 -- Guaranty, #4 Exhibit Exhibit 3 -- Default Letter, #5 Exhibit Exhibit 4 -- Possession Agreement, #6 Exhibit Exhibit 5 -- Affidavit of Debt, #7 Exhibit Exhibit A -- LoopNet Listing for 10 Spring Street, #8 Exhibit Transcript of PJR Hearing)(Flynn, Garrett)
February 4, 2022 Opinion or Order Filing 43 MOTION to Strike #31 Notice (Other) by ELX, LLC, Evolution Lighting LLC.Responses due by 2/25/2022 (Attachments: #1 Exhibit Superior Court Notice of Removal)(Flynn, Garrett)
February 4, 2022 Opinion or Order Filing 42 Consent MOTION for Extension of Time until 2/11/2022 to respond and object to interrogatories and requests for production by ELX, LLC, Evolution Lighting LLC. (Flynn, Garrett)
February 1, 2022 Opinion or Order Filing 41 ORDER granting #40 Motion for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss #30 #32 #34 . Responses are now due by 2/22/2022. Signed by Judge Stefan R. Underhill on 2/1/2022. (Guerrier, C.)
January 29, 2022 Opinion or Order Filing 40 First MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Dismiss Counts Six, Seven and Eight of Plaintiff's Amended Complaint, #32 MOTION to Dismiss for Lack of Jurisdiction PLAINTIFF'S AMENDED COMPLAINT, #34 MOTION to Dismiss re Counts Three, Four and Five of PLAINTIFF'S AMENDED COMPLAINT (CORRECTED) until February 22, 2022 by Vesta Liberty Street, LLC. (Picard, Christopher)
January 20, 2022 Opinion or Order Filing 39 CERTIFICATE OF GOOD STANDING re #37 MOTION for Attorney(s) Luis Salazar to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6796790) by ACM Capital Partners LLC, James F Martin. (Shearin, James)
January 20, 2022 Opinion or Order Filing 38 ORDER granting #37 Motion for Attorney Luis Salazar to Appear Pro Hac Vice. Certificate of Good Standing due by 3/21/2022. Signed by Clerk on 1/20/2022. (Oliver, T.)
January 19, 2022 Opinion or Order Filing 37 MOTION for Attorney(s) Luis Salazar to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6796790) by ACM Capital Partners LLC, James F Martin. (Attachments: #1 Affidavit Luis Salazar)(Shearin, James)
January 14, 2022 Opinion or Order Filing 36 ANSWER to Complaint with Affirmative Defenses by ELX, LLC, Evolution Lighting LLC.(Flynn, Garrett)
January 14, 2022 Opinion or Order Filing 35 Memorandum in Support re #34 MOTION to Dismiss re Counts Three, Four and Five of PLAINTIFF'S AMENDED COMPLAINT (CORRECTED) filed by CIBC Bank USA. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Morrison, David)
January 14, 2022 Opinion or Order Filing 34 MOTION to Dismiss re Counts Three, Four and Five of PLAINTIFF'S AMENDED COMPLAINT (CORRECTED) by CIBC Bank USA.Responses due by 2/4/2022 (Morrison, David)
January 14, 2022 Opinion or Order Filing 33 Memorandum in Support re #32 MOTION to Dismiss for Lack of Jurisdiction PLAINTIFF'S AMENDED COMPLAINT re Counts Three, Four and Five filed by CIBC Bank USA. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Morrison, David)
January 14, 2022 Opinion or Order Filing 32 MOTION to Dismiss for Lack of Jurisdiction PLAINTIFF'S AMENDED COMPLAINT by CIBC Bank USA.Responses due by 2/4/2022 (Morrison, David)
January 14, 2022 Opinion or Order Filing 31 NOTICE by Vesta Liberty Street, LLC re #4 MOTION for Reconsideration (Attachments: #1 Exhibit A)(Skalka, Douglas)
January 14, 2022 Opinion or Order Filing 30 MOTION to Dismiss Counts Six, Seven and Eight of Plaintiff's Amended Complaint by ACM Capital Partners LLC, James F Martin.Responses due by 2/4/2022 (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Shearin, James)
January 6, 2022 Opinion or Order Filing 29 EXHIBIT to Amended Complaint by Vesta Liberty Street, LLC re #1 Notice of Removal. (Skalka, Douglas)
January 6, 2022 Opinion or Order Filing 28 NOTICE of Appearance by Christopher J. Picard on behalf of Vesta Liberty Street, LLC Corrected (Picard, Christopher)
January 6, 2022 Opinion or Order Filing 27 NOTICE of Appearance by Christopher J. Picard on behalf of Vesta Liberty Street, LLC (Picard, Christopher)
January 3, 2022 Opinion or Order Filing 26 ORDER granting #6 MOTION for Extension of Time until January 14, 2022 to Respond to Amended Complaint, #16 Consent MOTION for Extension of Time until January 14, 2022 To Respond to Complaint, and #25 Consent MOTION for Extension of Time until January 14, 2022 to respond to complaint and requests for admission. Signed by Judge Stefan R. Underhill on 1/3/2022. (Guerrier, C.)
January 3, 2022 Opinion or Order Filing 25 Consent MOTION for Extension of Time until 1/14/2022 to respond to complaint and requests for admission by ELX, LLC, Evolution Lighting LLC. (Flynn, Garrett)
January 3, 2022 Opinion or Order Filing 24 Corporate Disclosure Statement by ELX, LLC, Evolution Lighting LLC. (Flynn, Garrett)
January 3, 2022 Opinion or Order Filing 23 NOTICE of Appearance by Garrett S. Flynn on behalf of ELX, LLC, Evolution Lighting LLC (Flynn, Garrett)
January 3, 2022 Opinion or Order Set Deadlines/Hearings: Rule 26 Meeting Report due by 2/9/2022 (Guerrier, C.)
December 31, 2021 Opinion or Order Filing 22 CERTIFICATE OF GOOD STANDING re #12 MOTION for Attorney(s) Rachel C. Steiner to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6773038) by CIBC Bank USA. (Steiner, Rachel)
December 31, 2021 Opinion or Order Filing 21 NOTICE of Appearance by Rachel C Steiner on behalf of CIBC Bank USA (Steiner, Rachel)
December 31, 2021 Opinion or Order Filing 20 CERTIFICATE OF GOOD STANDING re #11 MOTION for Attorney(s) David E. Morrison to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6772986) by CIBC Bank USA. (Morrison, David)
December 31, 2021 Opinion or Order Filing 19 NOTICE of Appearance by David E Morrison on behalf of CIBC Bank USA (Morrison, David)
December 31, 2021 Opinion or Order Filing 18 NOTICE by CIBC Bank USA Statement Regarding Standing Order on Removed Cases (Marks, Adam)
December 30, 2021 Opinion or Order Filing 17 Corporate Disclosure Statement by ACM Capital Partners LLC. (Shearin, James)
December 30, 2021 Opinion or Order Filing 16 Consent MOTION for Extension of Time until January 14, 2022 To Respond to Complaint by ACM Capital Partners LLC, James F Martin. (Shearin, James)
December 30, 2021 Opinion or Order Filing 15 NOTICE of Appearance by James T. Shearin on behalf of ACM Capital Partners LLC, James F Martin (Shearin, James)
December 29, 2021 Opinion or Order Filing 14 ORDER granting #12 Motion to Appear Pro Hac Vice as to Rachel C. Steiner. Certificate of Good Standing due by 2/27/2022. Signed by Clerk on 12/29/2021. (Fazekas, J.)
December 29, 2021 Opinion or Order Filing 13 ORDER granting #11 Motion to Appear Pro Hac Vice as to David E. Morrison,. Certificate of Good Standing due by 2/27/2022. Signed by Clerk on 12/29/2021. (Fazekas, J.)
December 28, 2021 Opinion or Order Filing 12 MOTION for Attorney(s) Rachel C. Steiner to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6773038) by CIBC Bank USA. (Marks, Adam)
December 28, 2021 Opinion or Order Filing 11 MOTION for Attorney(s) David E. Morrison to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6772986) by CIBC Bank USA. (Marks, Adam)
December 28, 2021 Opinion or Order Filing 10 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #8 Order on Pretrial Deadlines, #9 Protective Order, #1 Notice of Removal filed by CIBC Bank USA, #7 Electronic Filing Order, #2 Notice (Other) filed by Vesta Liberty Street, LLC, #5 Corporate Disclosure Statement filed by CIBC Bank USA, #6 MOTION for Extension of Time until January 14, 2022 to Respond to Amended Complaint filed by CIBC Bank USA, #4 MOTION for Reconsideration filed by ELX, LLC, Evolution Lighting LLC, #3 Answer to Complaint (Notice of Removal) filed by ELX, LLC, Evolution Lighting LLC Signed by Clerk on 12/28/2021. (Attachments: #1 Standing Order)(Corriette, M.)
December 28, 2021 Opinion or Order Filing 8 Order on Pretrial Deadlines: Amended Pleadings due by 2/26/2022 Discovery due by 6/29/2022 Dispositive Motions due by 8/3/2022 Signed by Clerk on 12/27/2021.(Corriette, M.)
December 28, 2021 Opinion or Order Filing 6 MOTION for Extension of Time until January 14, 2022 to Respond to Amended Complaint by CIBC Bank USA. (Marks, Adam)
December 28, 2021 Opinion or Order Filing 5 Corporate Disclosure Statement by CIBC Bank USA identifying Corporate Parent CIBC Bancorp USA Inc., Corporate Parent Canadian Imperial Bank of Commerce for CIBC Bank USA. (Marks, Adam)
December 27, 2021 Opinion or Order Filing 9 STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 12/27/2021.(Corriette, M.)
December 27, 2021 Opinion or Order Filing 7 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 12/27/2021.(Corriette, M.)
December 27, 2021 Opinion or Order Filing 4 MOTION for Reargument of Application for Prejudgment Remedy [#105.00] and Reconsideration of Order [#105.10] granting same by ELX, LLC, Evolution Lighting LLC pending in state court at time of removal. (Attachments: #1 Plaintiff's Objection to Motion, #2 Defendant ELX, LLC and Evolution Lighting LLC's reply to objection #3 State Court Docket Sheet)(Walker, J.)
December 27, 2021 Opinion or Order Filing 3 ANSWER to Complaint (Notice of Removal) by ELX, LLC, Evolution Lighting LLC filed in state court at time of removal.(Walker, J.)
December 27, 2021 Opinion or Order Judge Stefan R. Underhill added. (Walker, J.)
December 27, 2021 Opinion or Order Filing 2 NOTICE by Vesta Liberty Street, LLC of Pending Motions (Marks, Adam)
December 27, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by CIBC Bank USA from Judicial District of New Haven, case number NHH-CV21-6118458-S. Filing fee $ 402 receipt number ACTDC-6771639, filed by CIBC Bank USA.(Marks, Adam) Modified on 12/28/2021 to correct filer (Walker, J.).

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Search for this case: Vesta Liberty Street, LLC v. ELX, LLC et al
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Plaintiff: Vesta Liberty Street, LLC
Represented By: Adam B. Marks
Represented By: Christopher J. Picard
Represented By: Douglas S. Skalka
Represented By: Joshua Paul Joy
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Defendant: ELX, LLC f/k/a Electrix, LLC
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Defendant: Evolution Lighting LLC
Represented By: Garrett S. Flynn
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Defendant: CIBC Bank USA f/k/a The PrivateBank and Trust Company
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Defendant: James F Martin
Represented By: James T. Shearin
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Defendant: ACM Capital Partners, LLC
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Defendant: ELX, LLC
Represented By: Garrett S. Flynn
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Defendant: CIBC Bank USA
Represented By: Adam B. Marks
Represented By: David E Morrison
Represented By: Rachel C Steiner
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Defendant: Electrix, LLC
Represented By: Garrett S. Flynn
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Defendant: PrivateBank and Trust Company
Represented By: Adam B. Marks
Represented By: David E Morrison
Represented By: Rachel C Steiner
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Defendant: ACM Capital Partners LLC
Represented By: James T. Shearin
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