Capital Funding, LLC v. Cranston Apartments LLC, et al.
| Capital Funding, LLC |
| Cranston Apartments LLC, Menachem Tress and Elimelech Tress |
| Cranston Apartments LLC |
| Capital Funding, LLC |
| 1:2024cv00857 |
| July 23, 2024 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on September 20, 2024. A more recent docket listing may be available from PACER.
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Filing 26
SO ORDERED Granting #25 Stipulation and Order Regarding Defendants' Withdrawal of its Jury Demands. Signed by Judge Richard G. Andrews on 9/20/2024. (nms)
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| Filing 25 STIPULATION and [Proposed] Order Regarding Defendant's Withdrawal of Its Jury Demands, by Cranston Apartments LLC. (Rowe, Kelly) Modified on 9/20/2024 (nms). |
| Filing 24 ANSWERING BRIEF in Opposition re #12 MOTION to Dismiss Counterclaims filed by Cranston Apartments LLC.Reply Brief due date per Local Rules is 9/20/2024. (Rowe, Kelly) |
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Filing 23
ORAL ORDER: The Rule 16(b) Conference is now rescheduled for 10/7/2024, at 10:00 AM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 9/11/2024. (nms)
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Filing 22
ORAL ORDER: Due to a scheduling conflict the Rule 16(b) conference scheduled for 9/12/2024, is CANCELED. The conference will be rescheduled for a date to be determined. Ordered by Judge Richard G. Andrews on 9/11/2024. (nms)
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| Filing 21 Letter to The Honorable Richard G. Andrews, from Kevin M. Capuzzi, Esq., regarding proposed scheduling order and disagreement on issues. (Attachments: #1 Proposed Order)(Capuzzi, Kevin) Modified on 9/10/2024 (nms). |
| Filing 20 STIPULATION Regarding Response to the Complaint by Cranston Apartments LLC, Elimelech Tress, Menachem Tress. (Rowe, Kelly) |
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SO ORDERED, re #20 Stipulation and Order Regarding Response to Complaint (*Reset Answer Deadlines: Cranston Apartments LLC answer due 10/7/2024; Menachem Tress answer due 10/7/2024). Signed by Judge Richard G. Andrews on 9/9/2024. (nms)
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Filing 19
SO ORDERED granting #18 Stipulation and Order Regarding Briefing on Plaintiff's Motions to Dismiss. Signed by Judge Richard G. Andrews on 9/5/2024. (nms)
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| Filing 18 STIPULATION and [Proposed] Order regarding Briefing on Plaintiff's Motion to Dismiss by Cranston Apartments LLC. (Rowe, Kelly) |
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Filing 17
Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 9/12/2024, at 11:00 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 9/3/2024. (nms) (Main Document 17 replaced on 9/3/2024) (nms).
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Filing 16
STIPULATION and Order Regarding Briefing Schedule for Motions to Dismiss, by Cranston Apartments LLC. (Rowe, Kelly) Modified on 8/27/2024 (nms).
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Filing 15
CONSOLIDATION ORDER: There are four related cases concerning the Cranston Apartments property. (Nos. 24-857/858/860/971). There are four related cases concerning the Galloway Apartments property. (Nos. 24-871/872/874/875). The two sets of cases are also related to each other, since the lender is the same, the principals behind the borrowers are the same, and the legal issues are likely to be the same. Pursuant to Rule 42(a)(2), all eight cases are hereby consolidated for scheduling and any non-trial hearings. Any pleadings are to be filed only in the relevant lead case, which is No. 24-857 for the Cranston Apartments group, and No. 24-871 for the Galloway Apartments group. All other relief requested in any of the pending motions to consolidate (No. 24-857 D.I. 5, No.24-858, D.I. 5, No. 24-860, D.I. 5, No. 24-871 D.I. 6, No. 24-872 D.I. 6, No.24-874 D.I. 6, No. 24-875 D.I. 5) is DENIED. Signed by Judge Richard G. Andrews on 8/27/2024. (nms)
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SO ORDERED, re #16 Stipulation and Order Regarding Briefing on Motions to Dismiss (*Reset Briefing Schedule: re #12 MOTION to Dismiss Counterclaims. Answering Brief due 9/13/2024, Reply Brief due 9/27/2024. Signed by Judge Richard G. Andrews on 8/27/2024. (nms)
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| Filing 14 DECLARATION re #13 Opening Brief in Support, by Capital Funding, LLC. (Capuzzi, Kevin) Modified on 8/20/2024 (nms). |
| Filing 13 OPENING BRIEF in Support re #12 MOTION to Dismiss Counterclaims, filed by Capital Funding, LLC.Answering Brief/Response due date per Local Rules is 9/3/2024. (Capuzzi, Kevin) Modified on 8/20/2024 (nms). |
| Filing 12 MOTION to Dismiss Counterclaims - filed by Capital Funding, LLC. (Attachments: #1 Proposed Order)(Capuzzi, Kevin) Modified on 8/20/2024 (nms). |
| Filing 11 REPLY BRIEF re #5 MOTION to Consolidate Cases and Stay Pending Same filed by Cranston Apartments LLC. (Rowe, Kelly) |
| CORRECTING ENTRY: The declaration filed as an attachment to the brief at D.I. #13 has been removed from that filing. Briefs and declarations are to be filed independent of each other. Counsel is to refile the declaration accordingly. (nms) |
| Filing 10 ANSWERING BRIEF in Opposition re #5 MOTION to Consolidate Cases and Stay Pending Same filed by Capital Funding, LLC.Reply Brief due date per Local Rules is 8/20/2024. (Capuzzi, Kevin) |
| CORRECTING ENTRY: The letter filed on 8/1/2024, at D.I. 10 has been removed from the docket. Counsel advised the letter was filed in error. (nms) |
| Filing 9 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent CFG Bank for Capital Funding, LLC, filed by Capital Funding, LLC. (Gentile, John) Modified on 7/31/2024 (nms). |
| Filing 8 NOTICE of Appearance by John C. Gentile, Michael J. Barrie, and Kevin M. Capuzzi on behalf of Plaintiff. (Gentile, John) Modified on 7/31/2024 (nms). |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. Associated Cases: 1:24-cv-00857-RGA, 1:24-cv-00858-RGA, 1:24-cv-00860-RGA (rjb) |
| CORRECTING ENTRY: The disclosure statement filed as an attachment to the Notice of Appearance at D.I. #8 has been removed from that filing. Disclosure statements are to be filed independently on the docket. Counsel is to refile accordingly using the appropriate filing code. (nms) |
| Filing 7 ANSWER to Complaint with Jury Demand, and COUNTERCLAIMS against Plaintiff, by Cranston Apartments LLC. (Attachments: #1 Exhibit A)(Rowe, Kelly) Modified on 7/31/2024 (nms). |
| Filing 6 OPENING BRIEF in Support re #5 MOTION to Consolidate Cases and Stay Pending Same, filed by Cranston Apartments LLC. Answering Brief/Response due date per Local Rules is 8/13/2024. (Attachments: #1 Exhibit A)(Rowe, Kelly) Modified on 7/31/2024 (nms). |
| Filing 5 MOTION to Consolidate Cases and Stay Pending Same - filed by Cranston Apartments LLC. (Attachments: #1 Proposed Order)(Rowe, Kelly) Modified on 7/31/2024 (nms). |
| Filing 4 NOTICE of Appearance by Gregory Erich Stuhlman on behalf of Cranston Apartments LLC (Stuhlman, Gregory) |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Cranston Apartments LLC. (Rowe, Kelly) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (vfm) |
| Filing 1 NOTICE OF REMOVAL and copies of documents from Delaware Superior Court, Case Number N24C-06-188-KMV (Filing fee $405, receipt number ADEDC-4458651)- filed by Cranston Apartments LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (vfm) |
| DEFICIENCY NOTICE issued by the Court to Defendant: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (vfm) |
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