Realya Management, LLC et al v. Imovina Group, LLC et al
| Realya Management, LLC, Realya Fund RVIII LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC and LOT Realya Equity LLC |
| Imovina Group, LLC |
| Latexok JV Partners LLC and Latexok Manager, LLC |
| 1:2023cv00142 |
| February 7, 2023 |
| U.S. District Court for the District of Delaware |
| William C Bryson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| None |
Docket Report
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This docket was last retrieved on March 13, 2023. A more recent docket listing may be available from PACER.
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Filing 35
SO ORDERED, D.I. #34 Stipulation of Dismissal, filed by LOT Realya Investors LLC, Realya Fund RVIII LLC, LOT Realya Equity LLC, Realya Management, LLC, LOT Realya Holdings LLC, (CASE CLOSED). Signed by Judge William C. Bryson on 03/13/2023. (smg)
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| Filing 34 STIPULATION of Dismissal without Prejudice by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Orlacchio, Adam) |
| Filing 33 Letter to The Honorable William C. Bryson from David A. Jenkins, Esq. regarding Defendants' Answer and Opposition to Plaintiffs' Motion for a Preliminary Injunction - re 32 Oral Order,,. (Jenkins, David) |
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Filing 32
ORAL ORDER: Pursuant to an order entered on March 1, 2023, the defendant's answer and opposition to the plaintiffs' motion for a preliminary injunction were due for filing by March 10, 2023. Those documents appear not to have been filed on March 10 and, so far as the court's docket indicates, have yet to be filed. The court requests the defendant submit a statement by 12:00 p.m. today explaining the apparent failure to file those documents by the date set in the court's March 1 order. Signed by Judge William C. Bryson on 3/13/2023. (dds)
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Filing 31
ORAL ORDER: A hearing on the #4 Motion for Preliminary Injunction will begin at 9:00 a.m. on March 23, 2023, in Courtroom 402 of the Howard T. Markey National Courts Building in Washington, D.C. The parties should jointly arrange for a court reporter to be present at the hearing. If necessary, two days will be allocated for the hearing. Delaware counsel are welcome, but not required, to attend. By March 17, 2023, the parties should notify my law clerk, Mr. Dane Sowers, via email at [email protected] of the names of all persons who will attend the hearing so that their names can be provided to building security. Signed by Judge William C. Bryson on 3/3/2023. (dds)
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Filing 30
ORAL ORDER: The defendant's #26 Motion for Extension of Time is GRANTED IN PART. The defendant's answer and opposition to the plaintiffs' #4 Motion for Preliminary Injunction will be due for filing by March 10, 2023. The plaintiffs' reply brief regarding the preliminary injunction motion will be due for filing by March 17, 2023. The court will set an early hearing on the motion for a preliminary injunction. Signed by Judge William C. Bryson on 3/1/2023. (dds)
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| Filing 29 RESPONSE to Motion re #26 MOTION for Extension of Time to File Answer re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #2 Complaint, Defendant's Motion to Extend Time to File Answer to Complaint and Oppose the Motion for Prelimin filed by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Latexok Manager, LLC, Realya Management, LLC. (Attachments: #1 Exhibit 1)(Orlacchio, Adam) |
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Filing 28
ORAL ORDER: The plaintiffs are directed to file a response to the defendant's #26 Motion for Extension of Time by March 1, 2023, at 12:00pm Eastern Time. Signed by Judge William C. Bryson on 2/28/2023. (dds)
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| Filing 27 NOTICE of Appearance by Jason Z. Miller on behalf of Imovina Group, LLC (Miller, Jason) |
| Filing 26 MOTION for Extension of Time to File Answer re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #2 Complaint, Defendant's Motion to Extend Time to File Answer to Complaint and Oppose the Motion for Preliminary Injunction - filed by Imovina Group, LLC. (Attachments: #1 Text of Proposed Order, #2 Local Rule 7.1.1. Statement)(Jenkins, David) |
| Filing 25 NOTICE of Appearance by David A. Jenkins on behalf of Imovina Group, LLC (Jenkins, David) |
| Case Reassigned to Judge William C. Bryson of the United States Court of Appeals for the Federal Circuit. Please include the initials of the Judge (WCB) after the case number on all documents filed. (rjb) |
| Filing 24 MOTION for Preliminary Injunction (Public Version) - filed by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC. (Orlacchio, Adam) |
| Filing 23 REDACTED VERSION of #7 Affidavit, in Support of Plaintiffs' Opening Brief in Support of Emergency Motion for Temporary Restraining Order and Prelminary Injunction or, in the Alternative, for Appointment of Receiver by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC. (Orlacchio, Adam) |
| Filing 22 REDACTED VERSION of #6 Declaration, in Support of Plaintiffs' Opening Brief in Support of Emergency Motion for Temporary Restraining Order and Prelminary Injunction or, in the Alternative, for Appointment of Receiver by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC. (Attachments: #1 Redacted Exhibit 1, #2 Redacted Exhibit 2)(Orlacchio, Adam) |
| Filing 21 REDACTED VERSION of #5 Opening Brief in Support, Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction or, in the Alternative, for Appointment of Receiver by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC. (Attachments: #1 Redacted Exhibit 1, #2 Redacted Exhibit 2, #3 Redacted Exhibit 3, #4 Redacted Exhibit 4, #5 Redacted Exhibit 5, #6 Redacted Exhibit 6, #7 Redacted Exhibit 7, #8 Redacted Exhibit 8, #9 Redacted Exhibit 9)(Orlacchio, Adam) |
| Filing 20 REDACTED VERSION of #2 Complaint, by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Orlacchio, Adam) |
| Filing 19 AFFIDAVIT of Service for Plaintiff's Complaint, Emergency Motion TRO and Preliminary Injunction served on Imovian Group LLC c/o Abraham Frischman on 02/10/2023, filed by Realya Management, LLC. (McCarrie, Devan) |
| Filing 18 SUMMONS Returned Executed by Realya Management, LLC, Realya Fund RVIII LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, LOT Realya Equity LLC.Imovina Group, LLC served on 2/10/2023, answer due 3/3/2023. (McCarrie, Devan) |
| Filing 17 SUMMONS Returned Executed by Realya Management, LLC, Realya Fund RVIII LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, LOT Realya Equity LLC. (McCarrie, Devan) |
| Filing 16 SUMMONS Returned Executed by Realya Management, LLC, Realya Fund RVIII LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, LOT Realya Equity LLC.Latexok JV Partners LLC served on 2/9/2023, answer due 3/2/2023. (McCarrie, Devan) |
| Pro Hac Vice Attorney William J. Dorsey for LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC 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. (apk) |
| Pro Hac Vice Attorney Craig M. Flanders for LOT Realya Equity LLC, LOT Realya Holdings LLC,LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC 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. (apk) |
| Filing 15 Summons Reissued as to Imovina Group, LLC. (mpb) |
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SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Craig M. Flanders filed by LOT Realya Investors LLC, Realya Fund RVIII LLC, LOT Realya Equity LLC, Realya Management, LLC, LOT Realya Holdings LLC, #12 MOTION for Pro Hac Vice Appearance of Attorney William J. Dorsey filed by LOT Realya Investors LLC, Realya Fund RVIII LLC, LOT Realya Equity LLC, Realya Management, LLC, LOT Realya Holdings LLC. Signed by Judge Gregory B. Williams on 2/10/23. (ntl)
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| Filing 14 Summons Reissued as to Imovina Group, LLC. (mpb) |
| Filing 13 Summons Issued as to Imovina Group, LLC on 2/9/2023; Latexok JV Partners LLC on 2/9/2023; Latexok Manager, LLC on 2/9/2023. (Attachments: #1 Summons Issued Latexok JV Partners, LLC, #2 Summons Issued Latexok Manager, LLC)(mpb) |
| Filing 12 MOTION for Pro Hac Vice Appearance of Attorney William J. Dorsey - filed by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC. (Attachments: #1 Certification of Counsel, #2 Text of Proposed Order)(Orlacchio, Adam) |
| Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Craig M. Flanders - filed by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC. (Attachments: #1 Certification of Counsel, #2 Text of Proposed Order)(Orlacchio, Adam) |
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Filing 10
ORAL ORDER: Plaintiffs' ex parte Emergency Motion for Temporary Restraining Order and Preliminary Injunction or, in the Alternative, for Appointment of a Receiver (the "Motion," D.I. 4) seeks both a preliminary injunction that transfers the right to manage certain apartments from Defendant Imovina Group, LLC ("Imovina") to Plaintiffs and "an immediate temporary restraining order ["TRO"] barring Imovina from transferring any of Latexok's [i.e., a jointly-owned company the owns certain apartments] assets outside the ordinary course of business to preserve the status quo until the preliminary injunction can be heard." D.I. 5 at 3-4, 19; D.I. 1 at 2. "A request for a temporary restraining order is subject to the same standard as a request for a preliminary injunction." Doe v. Delaware State Univ. Bd. of Trustees, 2021 WL 2036670, at *2 n.2 (D. Del. May 21, 2021). "To obtain a preliminary injunction, the moving party must show: (1) a likelihood of success on the merits, (2) a likelihood that [it] will suffer irreparable harm, (3) that the balance of equities weighs in [it]'s favor, and (4) that injunctive relief is in the public interest. If the moving party has established the first two most critical factors, the district court then performs a balancing of the factors to determine whether the prongs, taken together, balance in favor of granting the requested preliminary relief." Osorio-Martinez v. Att'y Gen. United States of Am., 893 F.3d 153, 178 (3d Cir. 2018) (cleaned up). "To show irreparable harm a plaintiff must demonstrate potential harm which cannot be redressed by a legal or an equitable remedy following a trial." Ramsay v. Nat'l Bd. of Med. Examiners, 968 F.3d 251, 262 (3d Cir. 2020) (cleaned up). Thus, harm is only irreparable if "compensation in money cannot atone for it.'" Golden Fortune Imp. & Exp. Corp. v. Mei-Xin Ltd., 2022 WL 3536494, at *5 (3d Cir. Aug. 5, 2022) (citation omitted). Plaintiffs argue that they suffer "irreparable harm" because "Imovina is denying [Plaintiffs] their bargained-for rights, [] imposing a forced agency' on Latexok" and Plaintiffs, "interfere[ing]" with Plaintiffs' "management rights," "threaten[ing] irreparable harm to the [Latexok]" through "rogue management," and "lead[ing] to loss of good will and reputation." D.I. 5 at 14-15. Plaintiffs argue that "securing management rights after protracted litigation and winning money damages cannot, for example, undue the new $3.9 million mortgage [that] Imovina has saddled Latexok with--nor can those future remedies guarantee that Imovina will not do it again." The Court is skeptical that harm to Plaintiffs' investment in Latexok and the company that functions as Latexok's manager cannot be compensated with damages. However, the Court finds that a delay of several months--to ensure Imovina has an opportunity to be heard and for the Court to make its decision on the preliminary injunction after full briefing--will not harm Plaintiffs either in a manner or to such an extent that monetary damages are insufficient to compensate Plaintiffs for their losses. Plaintiffs contend that "[i]njunctive relief enjoining interference with property management is commonly granted in circumstances like these," D.I. 5 at 2, but, in the Delaware case that Plaintiffs cite, the Court granted a preliminary injunction only after the matter was fully briefed by both parties--more than six months after the complaint in that case was originally filed, see C.A. No. 97-450-JJF, D.I. 1 (Aug. 1, 1997); D.I. 8; D.I. 35; D.I. 40; D.I. 79 (Feb. 5, 1998); 2660 Woodley Rd. Joint Venture v. ITT Sheraton Corp., 1998 WL 1469541, at *1 (D. Del. Feb. 4, 1998). Thus, IT IS HEREBY ORDERED that (1) the Motion is DENIED to the extent the Motion seeks a TRO; (2) Plaintiffs shall serve the Complaint, the Motion, and a copy of this Order upon all Defendants (i) consistent with Federal Rule of Civil Procedure 4, (ii) via known email addresses for Imovina and any direct or indirect individual owners thereof, and (iii) via U.S. Mail, return receipt requested, to all addresses of Imovina or its direct or indirect owners or principals listed in Section 13.1 of the Operating Agreement of Latexok JV Partners LLC (D.I. 2-1), in Section 13.02 of the Operating Agreement of Latexok Manager LLC (D.I. 2-2), and in the December 7, 2022 letter entitled "Notices of Removal of Managers" (D.I. 5-7); and (3) Defendants shall file a response in this action no later than twenty-one (21) days after Plaintiffs file proof with the Court that Defendants were served pursuant to Rule 4. ORDERED by Judge Gregory B. Williams on 2/8/23. (ntl)
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Filing 9
ORAL ORDER: Having reviewed Plaintiffs' Motion for Leave to File the Complaint, Opening Brief in Support of Emergency Temporary Restraining Order and Preliminary Injunction, Exhibits 1-10, and the Declarations of Rachelie Alperovitz and Colin McClary under Seal (D.I. 1), and because, as the motion explains, the Complaint and related documents contain sensitive financial and business organization information, IT IS HEREBY ORDERED that D.I. 1 is GRANTED and the documents listed in the motion can be filed under seal. Plaintiffs shall file public redacted versions of each such document within seven (7) days of this Order, limiting the redactions to only the sensitive financial and business information necessary and no document shall be redacted in its entirety. If Plaintiffs fail to file public redacted versions of the documents that contain only the necessary redactions, the Court shall unseal the documents. IT IS HEREBY FURTHER ORDERED that, for all documents filed under seal in this case going forward, the party filing such a document under seal shall file a public redacted version of the document that contains only the necessary redactions within seven (7) days of the sealed filing. ORDERED by Judge Gregory B. Williams on 2/8/23. (ntl)
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| Remark: Exit copies to Duty Judge (GBW). (nmg) |
| Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb) |
| Filing 8 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC. (nmg) |
| Filing 7 [SEALED] AFFIDAVIT in Support of D.I. #4 MOTION for Temporary Restraining Order and Preliminary Injunction - filed by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC. (nmg) |
| Filing 6 [SEALED] DECLARATION in Support of D.I. #4 MOTION for Temporary Restraining Order and Preliminary Injunction - filed by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (nmg) |
| Filing 5 [SEALED] OPENING BRIEF in Support of D.I. #4 MOTION for Temporary Restraining Order and Preliminary Injunction - filed by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC.Answering Brief/Response due date per Local Rules is 2/21/2023. (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) (nmg) |
| Filing 4 [SEALED] Emergency MOTION for Temporary Restraining Order and Preliminary Injunction - filed by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC. (Attachments: #1 Text of Proposed Order)(nmg) |
| Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) |
| Filing 2 [SEALED] COMPLAINT filed against Imovina Group, LLC, Latexok JV Partners LLC, and Latexok Manager, LLC ( Filing fee $ 402, receipt number ADEDC-4061825.) - filed by Realya Management, LLC, Realya Fund RVIII LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, and LOT Realya Equity LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet, #4 7.1.1 Statement, #5 Exhibit 1 to the 7.1.1 Statement)(nmg) |
| Filing 1 MOTION to Seal Complaint, Emergency Temporary Restraining Order and Preliminary Injunction, Opening Brief in Support, Declaration and Affidavit - filed by LOT Realya Equity LLC, LOT Realya Holdings LLC, LOT Realya Investors LLC, Realya Fund RVIII LLC, Realya Management, LLC. (Attachments: #1 Text of Proposed Order)(nmg) |
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