Urban 8 Danville Corporation et al v. Nationwide Affordable Housing Fund 4, LLC et al
Plaintiff: URBAN 8 DANVILLE CORPORATION and URBAN 8 MACOMB CORPORATION
Defendant: WENTWOOD CAPITAL ADVISORS, LP, SCDC, LLC and NATIONWIDE AFFORDABLE HOUSING FUND 4, LLC
Case Number: 1:2019cv03171
Filed: May 10, 2019
Court: US District Court for the Northern District of Illinois
Presiding Judge: Thomas M Durkin
Referring Judge: Gary Feinerman
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 8, 2019 Filing 63 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Plaintiffs Urban 8 Danville Corporation, Urban 8 Macomb Corporation. (Mika, Caitlin)
July 3, 2019 Filing 62 Notice of Service of Mandatory Initial Discovery by Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Wentwood Capital Advisors, LP (Al, Marc)
July 3, 2019 Filing 61 MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 7/3/2019. Status hearing set for 8/22/2019 at 09:00 AM.Mailed notice (srn, )
June 27, 2019 Filing 60 MINUTE entry before the Honorable Thomas M. Durkin:On the Court's own motion, the motion hearing is reset for 7/3/2019 at 09:30 AM.Note: time change only. Any party that would like to participate telephonically should call 877-402-9757, access code 4410831, promptly at 9:30 a.m. Mailed notice (srn, )
June 25, 2019 Filing 59 SECOND AMENDED (rescheduling from July 1, 2019) NOTICE of Motion by Marc Andre Al for presentment of motion to dismiss, motion to stay #33 before Honorable Thomas M. Durkin on 7/3/2019 at 09:00 AM. (Al, Marc)
June 25, 2019 Filing 58 SECOND AMENDED (rescheduling from July 1, 2019) NOTICE of Motion by Marc Andre Al for presentment of motion for miscellaneous relief,, motion to dismiss/lack of jurisdiction, #32 before Honorable Thomas M. Durkin on 7/3/2019 at 09:00 AM. (Al, Marc)
June 24, 2019 Filing 57 AMENDED ANSWER to Complaint with Jury Demand , Affirmative Defenses, and COUNTERCLAIM filed by SCDC, LLC, Nationwide Affordable Housing Fund 4, LLC against Urban 8 Danville Corporation, Urban 8 Macomb Corporation . by SCDC, LLC, Nationwide Affordable Housing Fund 4, LLC (Attachments: #1 Exhibit 1: Danville LPA, #2 Exhibit 2: Macomb LPA, #3 Exhibit 3: Asset management agreement, #4 Exhibit 4: July 24, 2018 purported email from Andrew Delman to Tami Holtz, #5 Exhibit 5: October 11, 2018 email, #6 Exhibit 6: November 8 and 15, 2018 email chain, #7 Exhibit 7: December 17, 2018 letter requesting sale of Danville Property, #8 Exhibit 8: December 17, 2018 letter requesting sale of Macomb Property, #9 Exhibit 9: December 28, 2018 letter rejecting December 17, 2018 demand to sell Danville Property, #10 Exhibit 10: December 28, 2018 letter rejecting December 17, 2018 demand to sell Macomb Property, #11 Exhibit 11: January 7, 2019 letter regarding Danville Property, #12 Exhibit 12: January 7, 2019 letter regarding Macomb Property)(Al, Marc)
June 24, 2019 Filing 56 AMENDED NOTICE of Motion by Marc Andre Al for presentment of motion to dismiss, motion to stay #33 before Honorable Thomas M. Durkin on 7/1/2019 at 09:00 AM. (Al, Marc)
June 24, 2019 Filing 55 AMENDED NOTICE of Motion by Marc Andre Al for presentment of motion for miscellaneous relief,, motion to dismiss/lack of jurisdiction, #32 before Honorable Thomas M. Durkin on 7/1/2019 at 09:00 AM. (Al, Marc)
June 19, 2019 Filing 54 MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 6/20/2019 #52 is stricken.Mailed notice. (jlj, )
June 18, 2019 Filing 53 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Thomas M. Durkin for all further proceedings pursuant to Local Rule 40.4. Related Case No. 18 C 6109. Honorable Gary Feinerman no longer assigned to the case. Signed by Executive Committee on 6/18/19.(gcy, )
June 17, 2019 Filing 52 MINUTE entry before the Honorable Gary Feinerman:Given the pendency of the LR 40.4 motion in Case No. 18 C 6109, the hearing on Defendant's motion for an evidentiary hearing on personal jurisdiction and to dismiss the complaint against it for lack of personal jurisdiction #32 and motion to dismiss or to stay #33 set for 6/18/2019 #51 is stricken and re-set for 6/20/2019 at 9:15 a.m. Attorneys who wish to participate by telephone at the next status hearing should call Toll-Free Number: (877) 336-1828, Access Code: 4082461.Mailed notice. (jlj, )
June 12, 2019 Filing 51 MINUTE entry before the Honorable Gary Feinerman:Given the pendency of the LR 40.4 motion in Case No. 18 C 6109, the hearing on Defendant's motion for an evidentiary hearing on personal jurisdiction and to dismiss the complaint against it for lack of personal jurisdiction #32 and motion to dismiss or to stay #33 set for 6/13/2019 #50 is stricken and re-set for 6/18/2019 at 9:15 a.m. Attorneys who wish to participate by telephone at the next status hearing should call Toll-Free Number: (877) 336-1828, Access Code: 4082461.Mailed notice. (jlj, )
June 10, 2019 Filing 50 MINUTE entry before the Honorable Gary Feinerman:Hearings on Defendant's motion for an evidentiary hearing on personal jurisdiction and to dismiss the complaint against it for lack of personal jurisdiction #32 and motion to dismiss or to stay #33 set for 6/11/2019 #43 and #44 are stricken and re-set for 6/13/2019 at 9:00 a.m. Status hearing set for 6/11/2019 #47 is stricken and re-set for 6/13/2019 at 9:00 a.m. Attorneys who wish to participate by telephone at the next status hearing should call Toll-Free Number: (877) 336-1828, Access Code: 4082461.Mailed notice. (jlj, )
June 10, 2019 Filing 49 MINUTE entry before the Honorable Gary Feinerman:The parties having established #17 #28 #48 , at least for pleading purposes, that there is complete diversity, the order to show cause as to subject matter jurisdiction #9 is discharged. Mailed notice. (jlj, )
June 7, 2019 Filing 48 SEALED DOCUMENT by Defendants Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Wentwood Capital Advisors, LP - In camera and under seal Supplemental Jurisdictional Addendum filed by Defendants pursuant to the Courts May 28 and June 6, 2019, minute entries [27, 28, 47] (Al, Marc)
June 5, 2019 Filing 47 MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 6/11/2019 at 9:00 a.m. Defendants shall file under seal the identities of the Texas trustees and the trust beneficiaries.Mailed notice. (jlj, )
June 3, 2019 Filing 46 ANSWER to Complaint with Jury Demand (without prejudice to motion to dismiss or stay [Docket No. 33]) by Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC (Attachments: #1 Exhibit 1 : Danville limited partnership agreement, #2 Exhibit 2 : Macomb limited partnership agreement, #3 Exhibit 3 : Asset management agreement)(Al, Marc)
June 3, 2019 Filing 45 Response to Plaintiffs' follow-up letter [Docket No. 31] to the Court regarding Defendants' in camera and under seal filing of the Jurisdicational Addendum [Docket No. 28] by Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Wentwood Capital Advisors, LP (Al, Marc)
June 3, 2019 Filing 44 NOTICE of Motion by Marc Andre Al for presentment of motion to dismiss, motion to stay #33 before Honorable Gary Feinerman on 6/11/2019 at 09:00 AM. (Al, Marc)
June 3, 2019 Filing 43 NOTICE of Motion by Marc Andre Al for presentment of motion for miscellaneous relief,, motion to dismiss/lack of jurisdiction, #32 before Honorable Gary Feinerman on 6/11/2019 at 09:00 AM. (Al, Marc)
June 3, 2019 Filing 42 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Wentwood Capital Advisors, LP (Al, Marc)
June 3, 2019 Filing 41 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SCDC, LLC (Al, Marc)
June 3, 2019 Filing 40 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nationwide Affordable Housing Fund 4, LLC (Al, Marc)
June 3, 2019 Filing 39 DECLARATION of Marc A. Al regarding motion to dismiss, motion to stay #33 , motion for miscellaneous relief,, motion to dismiss/lack of jurisdiction, #32 (Attachments: #1 Exhibit 1 : May 7, 2019, email, #2 Exhibit 2 : Interrogatory no. 5 and answer in 1:18-cv-06109, #3 Exhibit 3 : Excerpts of transcript in Centennial Partners v. ORC Tax Credit Fund 10, #4 Exhibit 4 : 2/11/2019 declaration of Tami A. Holtz in 1:18-cv-06109, #5 Exhibit 5 : May 9 and 13, 2019, email chain, #6 Exhibit 6 : US Courts statistics, #7 Exhibit 7 : Complaint in Nationwide v. Urban 8 Danville (Ohio), #8 Exhibit 8 : Affidavit of service on Urban 8 Danville (Ohio), #9 Exhibit 9 : Affidavit of service on Urban 8 Macomb (Ohio), #10 Exhibit 10 : May 3, 2019, letter from David Davenport to Brian Brandstetter and draft complaint)(Al, Marc)
June 3, 2019 Filing 38 DECLARATION of Luke Harms regarding motion to dismiss, motion to stay #33 (Al, Marc)
June 3, 2019 Filing 37 DECLARATION of Michael Gutierrez regarding motion to dismiss, motion to stay #33 , motion for miscellaneous relief,, motion to dismiss/lack of jurisdiction, #32 (Al, Marc)
June 3, 2019 Filing 36 DECLARATION of Brian J. Brandstetter regarding motion to dismiss, motion to stay #33 , motion for miscellaneous relief,, motion to dismiss/lack of jurisdiction, #32 (Attachments: #1 Exhibit 1 : Selected pages from Complaint in 1:18-cv-06109)(Al, Marc)
June 3, 2019 Filing 35 DECLARATION of Tami A. Holtz, CCIM, HCCP regarding motion to dismiss, motion to stay #33 , motion for miscellaneous relief,, motion to dismiss/lack of jurisdiction, #32 (Al, Marc)
June 3, 2019 Filing 34 DECLARATION of George David Sebastian regarding motion to dismiss, motion to stay #33 , motion for miscellaneous relief,, motion to dismiss/lack of jurisdiction, #32 (Attachments: #1 Exhibit 1 : 10/4/2018 declaration in 1:18-cv-06109, #2 Exhibit 2 : Asset management agreement)(Al, Marc)
June 3, 2019 Filing 33 MOTION by Defendants SCDC, LLC, Nationwide Affordable Housing Fund 4, LLC to dismiss , MOTION by Defendants SCDC, LLC, Nationwide Affordable Housing Fund 4, LLC to stay pursuant to the "first-filed rule" (Al, Marc)
June 3, 2019 Filing 32 MOTION by Defendant Wentwood Capital Advisors, LP evidentiary hearing on personal jurisdiction , MOTION by Defendant Wentwood Capital Advisors, LP to dismiss for lack of jurisdiction (personal jurisdiction) (Attachments: #1 Exhibit 1 : 12/10/2018 Order in 1:18-cv-06109, #2 Exhibit 2 : Chart)(Al, Marc)
May 31, 2019 Filing 31 Supplemental Letter Regarding In Camera Jurisdictional Addendum #30 by Urban 8 Danville Corporation, Urban 8 Macomb Corporation (Mika, Caitlin)
May 31, 2019 Filing 30 RESPONSE by Defendants Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Wentwood Capital Advisors, LP to other #29 Plaintiffs' Letter to Judge Feinerman regarding Defendants' in camera and under seal filing of the Jurisdictional Addendum [Docket No. 28] (Al, Marc)
May 31, 2019 Filing 29 Letter Regarding In Camera Jurisdictional Addendum by Urban 8 Danville Corporation, Urban 8 Macomb Corporation (Mika, Caitlin)
May 30, 2019 Filing 28 SEALED DOCUMENT by Defendants Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Wentwood Capital Advisors, LP In Camera Jurisdictional Addendum Filed by Defendants Pursuant to the Courts May 28, 2019, Minute Entry - Filed In Camera and Under Seal Pursuant to Docket Nos. 26 and 27 (Al, Marc)
May 28, 2019 Filing 27 MINUTE entry before the Honorable Gary Feinerman:Plaintiff's motion for leave to conduct jurisdictional discovery #22 is denied without prejudice. As Defendants suggest #26 , the parties by 5/30/2019 shall file under seal a jurisdictional addendum setting forth the identity and citizenship of the corporations and individuals at the end of the ownership chains of the LLCs and LPs. Motion hearing set for 5/30/2019 #23 is stricken. The status hearing set for 6/10/2019 #9 is stricken and re-set for 6/5/2019 at 9:00 a.m.Mailed notice. (jlj, )
May 22, 2019 Filing 26 RESPONSE by Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Wentwood Capital Advisors, LPin Opposition to MOTION by Plaintiffs Urban 8 Danville Corporation, Urban 8 Macomb Corporation for leave to conduct jurisdictional discovery #22 (Al, Marc)
May 21, 2019 Filing 25 DECLARATION of David A. Davenport regarding motion for miscellaneous relief #22 (Mika, Caitlin)
May 21, 2019 Filing 24 MEMORANDUM by Urban 8 Danville Corporation, Urban 8 Macomb Corporation in support of motion for miscellaneous relief #22 (Attachments: #1 Exhibit 1)(Mika, Caitlin)
May 21, 2019 Filing 23 NOTICE of Motion by Caitlin Martini Mika for presentment of motion for miscellaneous relief #22 before Honorable Gary Feinerman on 5/30/2019 at 09:00 AM. (Mika, Caitlin)
May 21, 2019 Filing 22 MOTION by Plaintiffs Urban 8 Danville Corporation, Urban 8 Macomb Corporation for leave to conduct jurisdictional discovery (Mika, Caitlin)
May 21, 2019 Filing 21 RESPONSE by Defendants Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC to memorandum #19 , declaration #20 Defendants Nationwide Affordable Housing Fund 4, LLC and SCDC, LLCs Reply to Plaintiffs Venue Memorandum (Attachments: #1 Exhibit 1 : Luke Harms LinkedIn profile, #2 Exhibit 2 : Docket No. 100 in 1:18cv06109 (N.D. Ill.), #3 Exhibit 3 : Docket No. 101 in 1:18cv06109 (N.D. Ill.))(Al, Marc)
May 20, 2019 Filing 20 DECLARATION of Andrew W. Delman regarding memorandum #19 demonstrating proper venue (Mika, Caitlin)
May 20, 2019 Filing 19 MEMORANDUM by Urban 8 Danville Corporation, Urban 8 Macomb Corporation demonstrating proper venue (Attachments: #1 Exhibit A)(Mika, Caitlin)
May 20, 2019 Filing 18 MINUTE entry before the Honorable Gary Feinerman: The Jurisdictional Addendum #17 is insufficient because it does not identify (that is, name) the corporations and individuals at the end of the ownership chains of the LLCs and LPs. Nor does the Jurisdictional Addendum address the venue issue referenced in the 5/14/2019 order #9 . Mailed notice. (jjr, )
May 17, 2019 Filing 17 PLAINTIFFS' JURISDICTIONAL ADDENDUM by Urban 8 Danville Corporation, Urban 8 Macomb Corporation (Attachments: #1 Exhibit A, #2 Exhibit B)(Mika, Caitlin)
May 17, 2019 Filing 16 SUMMONS Returned Executed by Urban 8 Danville Corporation, Urban 8 Macomb Corporation as to Wentwood Capital Advisors, LP on 5/13/2019, answer due 6/3/2019. (Mika, Caitlin)
May 17, 2019 Filing 15 SUMMONS Returned Executed by Urban 8 Danville Corporation, Urban 8 Macomb Corporation as to SCDC, LLC on 5/13/2019, answer due 6/3/2019. (Mika, Caitlin)
May 17, 2019 Filing 14 SUMMONS Returned Executed by Urban 8 Danville Corporation, Urban 8 Macomb Corporation as to Nationwide Affordable Housing Fund 4, LLC on 5/13/2019, answer due 6/3/2019. (Mika, Caitlin)
May 16, 2019 Filing 13 ATTORNEY Appearance for Defendants Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Wentwood Capital Advisors, LP by Marc Andre Al (Al, Marc)
May 16, 2019 Filing 12 MINUTE entry before the Honorable Gary Feinerman: Motion to appear pro hac vice filed by David A. Davenport #7 is granted. Motion to appear pro hac vice filed by Christina R. Loukas #8 is granted. Motion for leave to file additional appearance #11 is granted. Attorney Al may file his appearance. Mailed notice. (jjr, )
May 15, 2019 Filing 11 MOTION by Defendants Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Wentwood Capital Advisors, LP for leave to appear as as additional counsel (Attachments: #1 Exhibit Proposed Appearance of Marc A. Al)(Koslow, Stephen)
May 15, 2019 Filing 10 ATTORNEY Appearance for Defendants Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Wentwood Capital Advisors, LP by Stephen Donald Koslow (Koslow, Stephen)
May 14, 2019 Filing 9 MINUTE entry before the Honorable Gary Feinerman: On the court's motion, Plaintiffs are ordered to show cause by 6/3/2019 why this suit should not be dismissed for want of subject matter jurisdiction and, in the alternative, for improper venue. The complaint premises subject matter jurisdiction under the diversity statute, 28 U.S.C. 1332(a)(1), but does not properly allege the citizenship of: (a) Plaintiffs, by failing to allege their state of incorporation; and (b) Defendants, by failing to allege the identity and, in certain instances, the citizenship of the corporations and individuals at the end of the ownership chain. Plaintiffs may discharge the subject matter jurisdiction component of this order to show cause by filing a Jurisdictional Addendum that properly alleges the parties' respective citizenships. Plaintiff may discharge the venue component of this order by filing a memorandum demonstrating the venue is proper under 28 U.S.C. 1391. Failure to comply will result in the dismissal of this suit for want of subject matter jurisdiction or improper venue. Status hearing set for 6/10/2019 at 9:00 a.m. Mailed notice. (jjr, )
May 13, 2019 Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15820453. (Loukas, Christina)
May 13, 2019 Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15819680. (Davenport, David)
May 13, 2019 Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (sxb, )
May 10, 2019 Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by URBAN 8 MACOMB CORPORATION (Mika, Caitlin)
May 10, 2019 Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by URBAN 8 DANVILLE CORPORATION (Mika, Caitlin)
May 10, 2019 Filing 3 ATTORNEY Appearance for Plaintiffs URBAN 8 DANVILLE CORPORATION, URBAN 8 MACOMB CORPORATION by Caitlin Martini Mika (Mika, Caitlin)
May 10, 2019 Filing 2 CIVIL Cover Sheet (Mika, Caitlin)
May 10, 2019 Filing 1 COMPLAINT filed by URBAN 8 DANVILLE CORPORATION, URBAN 8 MACOMB CORPORATION; Jury Demand. Filing fee $ 400, receipt number 0752-15812830. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit B, #4 Exhibit B-1, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J)(Mika, Caitlin)
May 10, 2019 CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (ec, )
May 10, 2019 SUMMONS Issued as to Defendants NATIONWIDE AFFORDABLE HOUSING FUND 4, LLC, SCDC, LLC, WENTWOOD CAPITAL ADVISORS, LP (mc, )

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Defendant: WENTWOOD CAPITAL ADVISORS, LP
Represented By: Marc Andre Al
Represented By: Stephen Donald Koslow
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Defendant: SCDC, LLC
Represented By: Marc Andre Al
Represented By: Stephen Donald Koslow
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Defendant: NATIONWIDE AFFORDABLE HOUSING FUND 4, LLC
Represented By: Marc Andre Al
Represented By: Stephen Donald Koslow
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Plaintiff: URBAN 8 DANVILLE CORPORATION
Represented By: Caitlin Martini Mika
Represented By: David Allan Davenport
Represented By: Christina Rieck Loukas
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Plaintiff: URBAN 8 MACOMB CORPORATION
Represented By: Caitlin Martini Mika
Represented By: David Allan Davenport
Represented By: Christina Rieck Loukas
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