KeyBank National Association v. NYM Holding Inc. et al
Plaintiff: KeyBank National Association
Defendant: NYM Holding Inc., iFresh, Inc., New York Mart 8 Ave., Inc., New York Mart East Broadway Inc., New York Supermarket East Broadway Inc., New York Mart Group Inc., Mings Supermarket, Inc., New York Mart Mott St., Inc., New York Mart Roosevelt, Inc., New York Mart Sunrise, Inc., Zen Mkt Quincy, Inc., Strong America Limited, iFresh E. Colonial Inc., iFresh Glen Cove Inc., iFresh Bellaire, Inc., New York 2 Mart Ave U 2nd Inc., New York Mart CT, Inc., New York Mart N. Miami Inc., NYM Milford, LLC and Ming's Supermarket, Inc.
Respondent: Amerasia Bank
Case Number: 1:2022cv01134
Filed: August 30, 2022
Court: US District Court for the District of Delaware
Presiding Judge: Gregory B Williams
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2023 Filing 61 Letter to The Honorable Gregory B. Williams from Kevin S. Mann, Esq. regarding Request that the Court Direct the Clerk of the Court to Dismiss Proceeding - re #59 Status Report, #56 Order, #60 Letter, #58 Notice (Other). (Mann, Kevin)
March 30, 2023 CASE CLOSED (ntl)
March 27, 2023 Filing 60 Letter to Clerk of the Court from Kevin S. Mann, Esq. regarding Request to Clerk of the Court to Dismiss this Proceeding - re #56 Order, #58 Notice (Other). (Mann, Kevin)
March 22, 2023 Filing 59 STATUS REPORT //Final Report and Accounting of Cynthia Romano, Receiver for NYM Holding, Inc., et al. by Cynthia Romano. (Attachments: #1 Exhibits 1-6)(Mann, Kevin)
March 22, 2023 Filing 58 NOTICE of Closing of Sale by Cynthia Romano re #56 Order, (Mann, Kevin)
March 22, 2023 Filing 57 STIPULATION Resolving Subpoena to Receiver by Cynthia Romano. (Attachments: #1 Exhibit A)(Mann, Kevin)
March 10, 2023 Opinion or Order SO ORDERED, re #52 MOTION for Pro Hac Vice Appearance of Attorney Brian M. Schenker filed by KeyBank National Association, #51 MOTION for Pro Hac Vice Appearance of Attorney Lauren S. Zabel filed by KeyBank National Association. Signed by Judge Gregory B. Williams on 3/10/23. (ntl)
March 8, 2023 Opinion or Order Filing 56 ORDER Granting #41 Receiver's Motion Pursuant to 28 U.S.C. 2004 for Entry of Order Authorizing (I) the Private Sale of the Stock of NYM Holding, Inc., (II) The Waiver of Requirements of 28 U.S.C. 2001 and 2004, and (III) the Dismissal of Receivership Case Upon Closing of Sale. Signed by Judge Gregory B. Williams on 3/8/23. (ntl)
March 8, 2023 Filing 55 NOTICE of Filing of Updated Exhibits to Proposed Final Report and Accounting of Cynthia Romano, Receiver for NYM Holding, Inc., et al. by Cynthia Romano re #42 Opening Brief in Support,, (Attachments: #1 Exhibit A)(Mann, Kevin)
March 8, 2023 Minute Entry for proceedings held before Judge Gregory B. Williams - Oral Argument held on 3/8/2023. (Court Reporter M. Rolfe.) (etg)
March 7, 2023 Filing 54 NOTICE of Appearance by Brian M. Rostocki on behalf of KeyBank National Association (Attachments: #1 Certificate of Service)(Rostocki, Brian)
March 7, 2023 Opinion or Order Filing 53 ORDER re #33 Third Interim Fee Application of (I) the Receiver, and (II) the Retained Professionals is GRANTED. Signed by Judge Gregory B. Williams on 3/7/23. (ntl)
March 3, 2023 Filing 52 MOTION for Pro Hac Vice Appearance of Attorney Brian M. Schenker - filed by KeyBank National Association. (Attachments: #1 Exhibit Certification of Brian M. Schenker)(Chapple, Benjamin)
March 3, 2023 Filing 51 MOTION for Pro Hac Vice Appearance of Attorney Lauren S. Zabel - filed by KeyBank National Association. (Attachments: #1 Exhibit Certification of LaurenS. Zabel)(Chapple, Benjamin)
March 2, 2023 Filing 50 RESPONSE to Motion re #41 MOTION //Receiver's Motion Pursuant to 28 U.S.C. 2004 for Entry of Order Authorizing (I) the Private Sale of the Stock of NYM Holding, Inc., (II) The Waiver of Requirements of 28 U.S.C. 2001 and 2004, and (III) the Dismissal o filed by KeyBank National Association. (Attachments: #1 Affidavit)(Chapple, Benjamin)
March 1, 2023 Filing 49 MOTION for Attorney Fees //Fourth Interim Fee Application Of (I) The Receiver, And (II) Retained Professionals - filed by Cynthia Romano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Certificate of Service)(Mann, Kevin)
February 27, 2023 Filing 48 AFFIDAVIT of Stephanie MacDonald re #42 Opening Brief in Support,, #41 MOTION //Receiver's Motion Pursuant to 28 U.S.C. 2004 for Entry of Order Authorizing (I) the Private Sale of the Stock of NYM Holding, Inc., (II) The Waiver of Requirements of 28 U.S.C. 2001 and 2004, and (III) the Dismissal o, #43 Affidavit, (Affidavit of Service) filed by Cynthia Romano. (Mann, Kevin)
February 24, 2023 Filing 47 AFFIDAVIT of Stephanie MacDonald re #42 Opening Brief in Support,, #41 MOTION //Receiver's Motion Pursuant to 28 U.S.C. 2004 for Entry of Order Authorizing (I) the Private Sale of the Stock of NYM Holding, Inc., (II) The Waiver of Requirements of 28 U.S.C. 2001 and 2004, and (III) the Dismissal o, #43 Affidavit, (Affidavit of Service) filed by Cynthia Romano. (Mann, Kevin)
February 24, 2023 Opinion or Order Filing 46 ORAL ORDER: IT IS HEREBY ORDERED that the Hearing scheduled for March 7, 2023 has been rescheduled for March 8, 2023 at 10:00 AM in Courtroom 6B before Judge Gregory B. Williams. ORDERED by Judge Gregory B. Williams on 2/24/23. (ntl)
February 22, 2023 Opinion or Order Filing 45 ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear oral argument on Receiver's Motion Pursuant to 28 U.S.C. 2004 for Entry of Order Authorizing (I) the Private Sale of the Stock of NYM Holding, Inc., (II) the Waiver of Requirements of 28 U.S.C. 2001 and 2004, and (III) the Dismissal of Receivership Case Upon Closing of Sale (D.I. 41) on March 7, 2023 at 3:00 p.m. in Courtroom 6B. The Court is setting aside one (1) hour for the argument with the time split equally between the parties. Any slide presentations the parties wish to use during the argument shall be emailed (in PDF format) to gbw_civil@ded.uscourts.gov no later than 48 hours prior to the argument with hard copies delivered to the Clerk's office thereafter. ORDERED by Judge Gregory B. Williams on 2/22/23. (ntl)
February 17, 2023 Filing 44 Letter to The Honorable Gregory B. Williams from Kevin S. Mann, Esq. regarding Hearing Request on Receiver's Sale Motion - re #41 MOTION //Receiver's Motion Pursuant to 28 U.S.C. 2004 for Entry of Order Authorizing (I) the Private Sale of the Stock of NYM Holding, Inc., (II) The Waiver of Requirements of 28 U.S.C. 2001 and 2004, and (III) the Dismissal o. (Mann, Kevin)
February 17, 2023 CORRECTING ENTRY: Exhibit C Replaced on D.I. #42 per counsel's request. (vfm)
February 16, 2023 Filing 43 AFFIDAVIT of Cynthia Romano re #42 Opening Brief in Support, #41 MOTION //Receiver's Motion Pursuant to 28 U.S.C. 2004 for Entry of Order Authorizing (I) the Private Sale of the Stock of NYM Holding, Inc., (II) The Waiver of Requirements of 28 U.S.C. 2001 and 2004, and (III) the Dismissal o filed by Cynthia Romano. (Mann, Kevin)
February 16, 2023 Filing 42 OPENING BRIEF in Support re #41 MOTION //Receiver's Motion Pursuant to 28 U.S.C. 2004 for Entry of Order Authorizing (I) the Private Sale of the Stock of NYM Holding, Inc., (II) The Waiver of Requirements of 28 U.S.C. 2001 and 2004, and (III) the Dismissal o filed by Cynthia Romano.Answering Brief/Response due date per Local Rules is 3/2/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mann, Kevin) (Attachment 3 replaced on 2/17/2023) (vfm).
February 16, 2023 Filing 41 MOTION //Receiver's Motion Pursuant to 28 U.S.C. 2004 for Entry of Order Authorizing (I) the Private Sale of the Stock of NYM Holding, Inc., (II) The Waiver of Requirements of 28 U.S.C. 2001 and 2004, and (III) the Dismissal of Receivership Case Upon Closing of Sale - filed by Cynthia Romano. (Attachments: #1 Exhibit A)(Mann, Kevin)
February 16, 2023 Opinion or Order Filing 40 ORAL ORDER: Having reviewed Receiver's Motion to Approve Stipulation By and Among New York Mart N. Miami Inc., Benderson Development Company, LLC and 552 NMB, LLC and the Attached Stipulation, IT IS HEREBY ORDERED that D.I. 38 is GRANTED. Receivership courts may "exercise discretion to approve settlements of disputed claims to receivership assets, provided that the settlements are 'fair and equitable and in the best interests of the estate.'" SEC v. Stanford Int'l Bank, Ltd., 927 F.3d 830, 840 (5th Cir. 2019) (citation omitted). Here, the Receiver agrees to settle the state court actions with a landlord that are in early stages and compensate the landlord with 65% of their total damages sought. Thus, this Court finds the proposed stipulation to be fair and equitable, and within the Receiver's authority under this Court's Order Appointing Receiver, D.I. 13 at para. 2. ORDERED by Judge Gregory B. Williams on 2/16/23. (ntl)
January 25, 2023 Opinion or Order Filing 39 ORDER re #25 First Interim Fee Application of (I) The Receiver, and (II) Retained Professionals filed by Cynthia Romano and #30 Second Interim Fee Application of (I) the Receiver, and (II) Retained Professionals filed by Cynthia Romano are GRANTED. Signed by Judge Gregory B. Williams on 1/25/23. (ntl)
January 24, 2023 Filing 38 MOTION for Settlement //Receiver's Motion to Approve Stipulation By and Among New York Mart N. Miami Inc., Benderson Development Company, LLC and 552 NMB, LLC - filed by Cynthia Romano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Mann, Kevin)
January 11, 2023 Filing 37 EXHIBIT re 35 Order,,,,,,,, #30 MOTION for Attorney Fees //Second Interim Fee Application of (I) the Receiver, and (II) Retained Professionals, #25 MOTION for Attorney Fees //First Interim Fee Application of (I) The Receiver, and (II) Retained Professionals //Receiver's Supplement to (A) First Interim Fee Application of (I) The Receiver, and (II) Retained Professionals and (B) Second Interim Fee Application of (I) the Receiver, and (II) Retained Professionals by Cynthia Romano. (Mann, Kevin)
January 10, 2023 Filing 36 STATUS REPORT Pursuant to Stay Order by KeyBank National Association. (Chapple, Benjamin)
December 27, 2022 Opinion or Order Filing 35 ORAL ORDER: The Court has reviewed Court-appointed Receiver Cynthia Romero's ("Romero") First and Second Interim Fee Applications. D.I. 25; D.I. 30. The Court notes that the billing statements submitted as attachments to the each of these fee applications, and to the Receiver's Third Interim Fee Application (D.I. 33), contain both redactions and block billing entries (i.e., entries that recite multiple activities but fail to identify the time spent on each such activity or that give only general statements for lengthy activities). The Court must, in its review of the Receiver's fee petitions, account for the time and skill that the work of the Receiver and professionals that the Receiver retained required. See United States v. Larchwood Gardens, Inc., 404 F.2d 1108, 1111 (3d Cir. 1968); see also United States v. Code Prod. Corp., 362 F.2d 669, 673 (3d Cir. 1966). Thus, IT IS HEREBY ORDERED that the Receiver shall submit two (2) non-redacted copies of the first and second fee petitions and all attachments thereto to the Office of the Clerk of Court for the Court's review. IT IS HEREBY FURTHER ORDERED that the Receiver shall submit additional information and, to the extent applicable, itemization to assist the Court in its evaluation of the September 13, 14, and 15, 2022 entries by John Macrae of Cohn Reznick LLP related to "[o]nsite project work[,]" D.I. 25-3 at 22; the October 6, 2022 entry by R. Rauseo-Ricupero of Nixon Peabody LLP for 4.9 hours related to "[r]evise contempt motion[,]" D.I. 30-4 at 3; the October 25, 2022 entry by R. Rauseo-Ricupero of Nixon Peabody LLP for 5.6 hours related to "[a]ttention to L. Deng personal guarantee hearing[,]" id. at 6; and the September 30, 2022 entry by Romero for 6.4 hours related to "LEGAL: all day prep[,]" D.I. 25-2 at 7. IT IS HEREBY FURTHER ORDERED that the Receiver shall not submit block billed entries in further fee petitions to this Court. ORDERED by Judge Gregory B. Williams on 12/27/22. (ntl)
December 23, 2022 Filing 34 Letter to The Honorable Gregory B. Williams from Kevin S. Mann, Esq. regarding First Interim Fee Application of (I) The Receiver, and (II) Retained Professionals and Second Interim Fee Application of (I) The Receiver, and (II) Retained Professionals - re #30 MOTION for Attorney Fees //Second Interim Fee Application of (I) the Receiver, and (II) Retained Professionals, #25 MOTION for Attorney Fees //First Interim Fee Application of (I) The Receiver, and (II) Retained Professionals. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mann, Kevin)
December 23, 2022 Filing 33 MOTION for Attorney Fees Third Interim Fee Application of (I) the Receiver, and (II) the Retained Professionals - filed by Cynthia Romano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Certificate of Service)(Mann, Kevin)
December 14, 2022 Filing 32 NOTICE of Withdrawal of Receiver's Expedited Motion for (i) Contempt as to Amerasia Bank; and (ii) Entry of An Order Requiring the Preservation of Amerasia Banks Records and Communications by Cynthia Romano re #29 Stipulation,, #21 Emergency MOTION for Sanctions //Receiver's Expedited Motion for (I) Contempt as to Amerasia Bank; and (II) Entry of an Order Requiring the Preservation of Amerasia Bank's Records and Communications (Attachments: #1 Certificate of Service)(Mann, Kevin)
December 6, 2022 Filing 31 STATUS REPORT of Cynthia Romano, Receiver for NYM Holding, Inc., et al. Regarding Proposed Sale Process for Receivership Business by Cynthia Romano. (Mann, Kevin)
December 6, 2022 Filing 30 MOTION for Attorney Fees //Second Interim Fee Application of (I) the Receiver, and (II) Retained Professionals - filed by Cynthia Romano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service)(Mann, Kevin)
December 6, 2022 Opinion or Order SO ORDERED, re #29 Joint STIPULATION and Proposed Order in Resolution of Receiver's Expedited Motion for (I) Contempt as to Amerasia Bank; and (II) Entry of an Order Requiring the Preservation of Amerasia Bank's Records and Communications filed by Cynthia Romano. Signed by Judge Gregory B. Williams on 12/6/22. (ntl)
December 5, 2022 Filing 29 Joint STIPULATION and Proposed Order in Resolution of Receiver's Expedited Motion for (I) Contempt as to Amerasia Bank; and (II) Entry of an Order Requiring the Preservation of Amerasia Bank's Records and Communications re #21 Emergency MOTION for Sanctions //Receiver's Expedited Motion for (I) Contempt as to Amerasia Bank; and (II) Entry of an Order Requiring the Preservation of Amerasia Bank's Records and Communications by Cynthia Romano. (Attachments: #1 Certificate of Service)(Mann, Kevin)
November 21, 2022 Filing 28 REPLY to Response to Motion re #21 Emergency MOTION for Sanctions //Receiver's Expedited Motion for (I) Contempt as to Amerasia Bank; and (II) Entry of an Order Requiring the Preservation of Amerasia Bank's Records and Communications //Receivers Reply in Further Support of Its Expedited Motion for (I) Contempt as to Amerasia Bank; and (II) Entry of an Order Requiring The Preservation of Amerasia Banks Records and Communications filed by Cynthia Romano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Mann, Kevin)
November 14, 2022 Filing 27 ANSWERING BRIEF in Opposition re #21 Emergency MOTION for Sanctions //Receiver's Expedited Motion for (I) Contempt as to Amerasia Bank; and (II) Entry of an Order Requiring the Preservation of Amerasia Bank's Records and Communications filed by Amerasia Bank.Reply Brief due date per Local Rules is 11/21/2022. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Certificate of Service Certificate of Service)(Williford, Evan)
November 14, 2022 Filing 26 NOTICE of Appearance by Evan Olin Williford on behalf of Amerasia Bank (Attachments: #1 Certificate of Service)(Williford, Evan)
October 31, 2022 Filing 25 MOTION for Attorney Fees //First Interim Fee Application of (I) The Receiver, and (II) Retained Professionals - filed by Cynthia Romano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Certificate of Service)(Simon, Christopher)
October 28, 2022 Filing 24 RESPONSE to Order re 22 Oral Order,,,,,,,,, //Receiver's Supplemental Briefing on Jurisdiction in Support of Expedited Motion for (I) Contempt as to Amerasia Bank; and (II) Entry of an Order Requiring the Preservation of Amerasia Bank's Records and Communications filed by Cynthia Romano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Certificate of Service)(Mann, Kevin)
October 17, 2022 Filing 23 STATUS REPORT Receiver's First Report by Cynthia Romano. (Mann, Kevin)
October 7, 2022 Opinion or Order Filing 22 ORAL ORDER: On August 30, 2022, Plaintiff filed an emergency motion that sought the appointment of Cynthia Romero as receiver of the Defendants (D.I. 4). Defendants stated that "they d[id] not object to the relief sought" in Plaintiff's emergency motion (D.I. 11). On August 31, 2022, the Court granted Plaintiff's motion and appointed Romero as receiver. On September 19, 2022, the Court ordered that this case be stayed. On October 7, 2022, Romero filed this Expedited Motion for (I) Contempt as to Amerasia Bank; and (II) Entry of an Order Requiring the Preservation of Amerasia Bank's Records and Communications (the "Motion," D.I. 21). The Motion asserts that "[t]his Court has full authority to find non-parties in contempt of its Receivership Order." D.I. 21 18 (citing Fed. Trade Comm'n v. Productive Mktg., Inc., 136 F. Supp. 2d 1096, 1113 (C.D. Cal. 2001)). However, in the case that the Motion cites for its assertion, Judge Manella found a "nonparty... in contempt for failure to comply with the court's Preliminary Injunction Order" only after Judge Manella determined that the court had personal jurisdiction over the nonparty. See Productive Mktg., 136 F. Supp. 2d at 1100, 110203. By comparison, Romero has not explained why this Court has either general or specific personal jurisdiction over nonparty Amerasia Bank. Therefore, Romero shall file supplemental briefing of no more than five (5) pages, along with exhibits thereto, that shall explain why this Court has personal jurisdiction over nonparty Amerasia Bank and shall serve that supplemental briefing upon nonparty Amerasia Bank consistent with the Federal Rules of Civil Procedure. Once nonparty Amerasia Bank has been served consistent with the Federal Rules of Civil Procedure, nonparty Amerasia Bank may then respond to both the Motion and Romero's supplemental briefing within 14 days, as calculated consistent with Fed. R. Civ. P. 6(a) and CM/ECF Procedures. Once the responsive papers have been deemed served, Romero may file a reply within 7 days, as calculated consistent with Fed. R. Civ. P. 6(a) and CM/ECF Procedures. See D. Del. LR 7.1.2.(b). Finally, Romero shall transmit this ORAL ORDER to nonparty Amerasia Bank via email forthwith and shall file proof of that transmission as an exhibit to Romeros supplemental briefing. Ordered by Judge Gregory B. Williams on 10/07/2022. (etg)
October 7, 2022 Filing 21 Emergency MOTION for Sanctions //Receiver's Expedited Motion for (I) Contempt as to Amerasia Bank; and (II) Entry of an Order Requiring the Preservation of Amerasia Bank's Records and Communications - filed by Cynthia Romano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service)(Mann, Kevin)
September 21, 2022 Filing 20 NOTICE of Filing Notice of Order Appointing Receiver in Other Districts by Cynthia Romano (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Certificate of Service)(Mann, Kevin)
September 15, 2022 Pro Hac Vice Attorney John E. Murray and Richard C. Pedone for Cynthia Romano added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
September 12, 2022 Opinion or Order SO ORDERED, re #17 MOTION for Pro Hac Vice Appearance of Attorney Christopher J. Fong filed by Cynthia Romano. Signed by Judge Gregory B. Williams on 9/12/2022. (etg)
September 12, 2022 Opinion or Order SO ORDERED, re #18 MOTION for Pro Hac Vice Appearance of Attorney John E. Murray filed by Cynthia Romano, #16 MOTION for Pro Hac Vice Appearance of Attorney Richard C. Pedone filed by Cynthia Romano. Signed by Judge Gregory B. Williams on 9/12/2022. (etg)
September 12, 2022 Opinion or Order SO ORDERED, re #14 Joint Stipulation and Order Staying Action filed by KeyBank National Association -- Case Stayed. Signed by Judge Gregory B. Williams on 9/9/22. (ntl)
September 9, 2022 Filing 19 NOTICE of Appearance by Christopher Page Simon on behalf of Cynthia Romano (Simon, Christopher)
September 9, 2022 Filing 18 MOTION for Pro Hac Vice Appearance of Attorney John E. Murray - filed by Cynthia Romano. (Mann, Kevin)
September 9, 2022 Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Christopher J. Fong - filed by Cynthia Romano. (Mann, Kevin)
September 9, 2022 Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Richard C. Pedone - filed by Cynthia Romano. (Mann, Kevin)
September 9, 2022 Filing 15 NOTICE of Appearance by Kevin Scott Mann on behalf of Cynthia Romano (Mann, Kevin)
September 7, 2022 Case Assigned to Judge Gregory B Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb)
August 31, 2022 Filing 14 Joint PROPOSED ORDER and Stipulation Staying Action by KeyBank National Association. (Chapple, Benjamin)
August 31, 2022 Opinion or Order Filing 13 ORDER granting D.I. #4 Emergency MOTION to Appoint Receiver. Cynthia Romano appointed as receiver acting on behalf of CohnReznick LLP. Signed by Judge Maryellen Noreika on 08/31/2022. (smg)
August 31, 2022 Remark: Exit electronic copies to Duty Judge (MN). (smg)
August 31, 2022 Remark: Case submitted for routine judicial assignment. (smg)
August 30, 2022 Filing 12 Letter to John A. Cerino, Clerk from Benjamin P. Chapple, Esq. regarding request for emergent consideration of motion - re #5 Opening Brief in Support, #4 Emergency MOTION to Appoint Receiver , #1 Complaint,,. (Chapple, Benjamin)
August 30, 2022 Filing 11 STATEMENT re #4 Emergency MOTION to Appoint Receiver / Defendants' Statement with Respect to KeyBank National Association's Emergency Motion for Entry of an Order (I) Appointing Receiver and (II) Granting Related Relief by Mings Supermarket, Inc., NYM Holding Inc., NYM Milford, LLC, New York 2 Mart Ave U 2nd Inc., New York Mart 8 Ave., Inc., New York Mart CT, Inc., New York Mart East Broadway Inc., New York Mart Group Inc., New York Mart Mott St., Inc., New York Mart N. Miami Inc., New York Mart Roosevelt, Inc., New York Mart Sunrise, Inc., New York Supermarket East Broadway Inc., Strong America Limited, Zen Mkt Quincy, Inc., iFresh Bellaire, Inc., iFresh E. Colonial Inc., iFresh Glen Cove Inc., iFresh, Inc.. (Andrade, Sarah)
August 30, 2022 Filing 10 NOTICE of Appearance by Sarah Theresa Andrade on behalf of Mings Supermarket, Inc., NYM Holding Inc., NYM Milford, LLC, New York 2 Mart Ave U 2nd Inc., New York Mart 8 Ave., Inc., New York Mart CT, Inc., New York Mart East Broadway Inc., New York Mart Group Inc., New York Mart Mott St., Inc., New York Mart N. Miami Inc., New York Mart Roosevelt, Inc., New York Mart Sunrise, Inc., New York Supermarket East Broadway Inc., Strong America Limited, Zen Mkt Quincy, Inc., iFresh Bellaire, Inc., iFresh E. Colonial Inc., iFresh Glen Cove Inc., iFresh, Inc. (Andrade, Sarah)
August 30, 2022 Filing 9 STATEMENT re #4 Emergency MOTION to Appoint Receiver Statement Pursuant to Rule 7.1.1 by KeyBank National Association. (Chapple, Benjamin)
August 30, 2022 Filing 8 AFFIDAVIT of Benjamin P. Chapple, Esquire re #5 Opening Brief in Support of Emergency Motion filed by KeyBank National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Chapple, Benjamin)
August 30, 2022 Filing 7 AFFIDAVIT of Leslie A. Jones re #5 Opening Brief in Support of Emergency Motion filed by KeyBank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y)(Chapple, Benjamin)
August 30, 2022 Filing 6 AFFIDAVIT of Cynthia Romano re #4 Emergency MOTION to Appoint Receiver filed by KeyBank National Association. (Attachments: #1 Exhibit A)(Chapple, Benjamin)
August 30, 2022 Filing 5 OPENING BRIEF in Support re #4 Emergency MOTION to Appoint Receiver filed by KeyBank National Association.Answering Brief/Response due date per Local Rules is 9/13/2022. (Chapple, Benjamin)
August 30, 2022 Filing 4 Emergency MOTION to Appoint Receiver - filed by KeyBank National Association. (Attachments: #1 Text of Proposed Order)(Chapple, Benjamin)
August 30, 2022 Filing 3 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent KeyCorp for KeyBank National Association filed by KeyBank National Association. (Chapple, Benjamin)
August 30, 2022 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb)
August 30, 2022 Filing 1 COMPLAINT filed against Mings Supermarket, Inc., NYM Holding Inc., NYM Milford, LLC, New York 2 Mart Ave U 2nd Inc., New York Mart 8 Ave., Inc., New York Mart CT, Inc., New York Mart East Broadway Inc., New York Mart Group Inc., New York Mart Mott St., Inc., New York Mart N. Miami Inc., New York Mart Roosevelt, Inc., New York Mart Sunrise, Inc., New York Supermarket East Broadway Inc., Strong America Limited, Zen Mkt Quincy, Inc., iFresh Bellaire, Inc., iFresh E. Colonial Inc., iFresh Glen Cove Inc., iFresh, Inc. ( Filing fee $ 402, receipt number ADEDC-3948093.) - filed by KeyBank National Association. (Attachments: #1 Verification, #2 Civil Cover Sheet)(mpb)
August 30, 2022 No Summons Issued. (mpb)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Delaware District Court's Electronic Court Filings (ECF) System

Search for this case: KeyBank National Association v. NYM Holding Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: KeyBank National Association
Represented By: Mark William Eckard
Represented By: Benjamin P. Chapple
Represented By: Jason Daniel Angelo
Represented By: Brian M. Rostocki
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: NYM Holding Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: iFresh, Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: New York Mart 8 Ave., Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: New York Mart East Broadway Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: New York Supermarket East Broadway Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: New York Mart Group Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mings Supermarket, Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: New York Mart Mott St., Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: New York Mart Roosevelt, Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: New York Mart Sunrise, Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Zen Mkt Quincy, Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Strong America Limited
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: iFresh E. Colonial Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: iFresh Glen Cove Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: iFresh Bellaire, Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: New York 2 Mart Ave U 2nd Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: New York Mart CT, Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: New York Mart N. Miami Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: NYM Milford, LLC
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ming's Supermarket, Inc.
Represented By: Sarah Theresa Andrade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Amerasia Bank
Represented By: Evan Olin Williford
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?