Nationwide Affordable Housing Fund 4, LLC et al v. Urban 8 Danville Corporation et al
| SCDC, LLC and Nationwide Affordable Housing Fund 4, LLC |
| Urban 8 Macomb Corporation and Urban 8 Dancille Corporation |
| Wentwood Capital Advisors, LP |
| 1:2019cv07259 |
| November 4, 2019 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on June 1, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 52 REPLY by Defendants Urban 8 Dancille Corporation, Urban 8 Macomb Corporation to response in opposition to motion #49 , motion to dismiss #24 (Mika, Caitlin) |
| Filing 51 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Defendants Urban 8 Dancille Corporation, Urban 8 Macomb Corporation. (Mika, Caitlin) |
| Filing 50 DECLARATION of Marc A. Al regarding response in opposition to motion #49 Declaration of Marc A. Al in opposition to Defendants' motion to dismiss the Complaint (Al, Marc) |
| Filing 49 RESPONSE by Nationwide Affordable Housing Fund 4, LLC, SCDC, LLCin Opposition to MOTION by Defendants Urban 8 Macomb Corporation, Urban 8 Dancille Corporation to dismiss #24 (Al, Marc) |
| Filing 48 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Plaintiffs Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC. (Al, Marc) |
| Filing 47 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Wentwood Capital Advisors, LP (Al, Marc) |
| Filing 46 MINUTE entry before the Honorable John J. Tharp, Jr:The parties' joint proposed briefing schedule #44 for the third-party defendant's motion to dismiss #38 is adopted. Response to the motion is due by 1/31/20; reply is due by 2/12/20. No appearance is required on the motion. Once the motion is fully briefed, the Court will rule via CM/ECF notice and set a future date as appropriate. Mailed notice (air, ) |
| Filing 45 ANSWER to counterclaim and affirmative defenses by Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC (Attachments: #1 Exhibit 1: Asset Management Agreement)(Al, Marc) |
| Filing 44 Requested briefing schedule and NOTICE of Motion by Marc Andre Al for presentment of motion to dismiss,, motion to dismiss/lack of jurisdiction, #38 before Honorable John J. Tharp Jr. on 1/14/2020 at 09:00 AM. (Al, Marc) |
| Filing 43 DECLARATION of Marc A. Al regarding motion to dismiss,, motion to dismiss/lack of jurisdiction, #38 (Attachments: #1 Exhibit 1: May 7, 2019 email with Asset Management Agreement, #2 Exhibit 2: Answer to Interrogatory No. 5 to Wentwood Capital Advisors in Fox Lake case, #3 Exhibit 3: Excerpts of August 29, 2018 Robert Turner deposition transcript in Centennial Partners case, #4 Exhibit 4: February 11, 2019, Declaration of Tami Holtz in Fox Lake case, #5 Exhibit 5: November 15, 2019 email seeking amendment of counterclaims to remove Wentwood Capital Advisors pursuant to Fed. R. Civ. P. 14, #6 Exhibit 6: Comparison between original answer and amended answer)(Al, Marc) |
| Filing 42 DECLARATION of Michael Gutierrez, CCE regarding motion to dismiss,, motion to dismiss/lack of jurisdiction, #38 (June 2, 2019 Declaration, previously filed in 1:19-cv-3171 (N.D. Ill.) (Al, Marc) |
| Filing 41 DECLARATION of Brian J. Brandstetter regarding motion to dismiss,, motion to dismiss/lack of jurisdiction, #38 (Attachments: #1 Exhibit 1: Pages 1, 16, and 17 of Complaint in Fox Lake case)(Al, Marc) |
| Filing 40 DECLARATION of Tami A. Holtz regarding motion to dismiss,, motion to dismiss/lack of jurisdiction, #38 (Al, Marc) |
| Filing 39 DECLARATION of G. David Sebastian regarding motion to dismiss,, motion to dismiss/lack of jurisdiction, #38 (Attachments: #1 Exhibit 1: October 4, 2018, declaration of G. David Sebastian in Fox Lake case, #2 Exhibit 1: Asset Management Agreement)(Al, Marc) |
| Filing 38 MOTION by Third Party Defendant Wentwood Capital Advisors, LP to dismiss pursuant to Fed. R. Civ. P. 14 and, alternatively, MOTION by Third Party Defendant Wentwood Capital Advisors, LP to dismiss for lack of jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) (Attachments: #1 Exhibit 1: copy of December 10, 2018, Order in Fox Lake case re personal jurisdiction, #2 Exhibit 2: chart)(Al, Marc) |
| Filing 37 MINUTE entry before the Honorable John J. Tharp, Jr:The parties joint proposed briefing schedule for the defendants' motion to dismiss #24 is adopted. Response to the motion is due by 12/12/19; reply is due by 12/19/19. No appearance is required on the motion. Once the motion is fully briefed, the Court will rule via CM/ECF notice and set a future date as appropriate. Mailed notice (air, ) |
| Filing 36 NOTICE by Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Wentwood Capital Advisors, LP re notice of filing, #33 Notice of filing of briefing schedule in Case No. 1:19-cv-3171 on motion to reassign action to Judge Rowland as related case under LR 40.4 (Attachments: #1 Exhibit 1: Notification of Docket Entry with briefing schedule on motion for reassignment of case)(Al, Marc) |
| Filing 35 AMENDED COUNTERCLAIM filed by Urban 8 Dancille Corporation, Urban 8 Macomb Corporation against Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Wentwood Capital Advisors, LP / DEFENDANTS' ANSWER TO PLAINTIFFS' AMENDED COMPLAINT AND AMENDED COUNTERCLAIMS (JURY TRIAL DEMANDED). (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) |
| Filing 34 MINUTE entry before the Honorable Jeffrey Cole: Minneapolis counsel has filed a letter addressed to the court regarding certain aspects of the case. While a copy of the letter was sent to opposing counsel, it is the court's practice not to grant requested relief based upon letters. If a party wishes that the court act in a certain way, counsel is free to file a motion and properly notice the motion to be heard as required by the Local Rules. Mailed notice (jms, ) |
| Filing 33 NOTICE by Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Wentwood Capital Advisors, LP NOTICE OF FILING OF MOTION FOR REASSIGNMENT TO JUDGE ROWLAND OF RELATED CASE 1:19-CV-7259, RANDOMLY ASSIGNED TO JUDGE THARP (Attachments: #1 Exhibit 1: Copy of motion to reassign Case No. 1:19-cv-7259 to Judge Rowland)(Al, Marc) |
| Filing 32 ATTORNEY Appearance for Plaintiffs Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Counter Defendants Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Third Party Defendant Wentwood Capital Advisors, LP by Stephen Donald Koslow (Koslow, Stephen) |
| Filing 31 ATTORNEY Appearance for Plaintiffs Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Third Party Defendant Wentwood Capital Advisors, LP by Marc Andre Al (Al, Marc) |
| Filing 30 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiffs' motion for leave to convert pro hac vice appearance into general appearance and file substitute appearance for local counsel #29 is granted. No appearance on the motion is required. Counsel are directed to file their appearances as separate docket entries. Mailed notice (air, ) |
| Filing 29 MOTION by Plaintiffs Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC, Third Party Defendant Wentwood Capital Advisors, LP for leave to appear as MOTION FOR LEAVE TO CONVERT PRO HAC VICE APPEARANCE INTO GENERAL APPEARANCE AND SUBSTITUTE LOCAL COUNSEL (Attachments: #1 Exhibit 1: Appearance form for Marc A. Al, #2 Exhibit 2: Appearance form for Stephen D. Koslow)(Al, Marc) |
| Filing 28 Letter Regarding Memorandum Opinion and Order, Entered in Case No. 1:18-cv-06109 by Urban 8 Dancille Corporation, Urban 8 Macomb Corporation (Mika, Caitlin) |
| Filing 27 ANSWER to Complaint with Jury Demand , THIRD party complaint by Urban 8 Macomb Corporation, Urban 8 Dancille Corporation against Wentwood Capital Advisors, LP ., COUNTERCLAIM filed by Urban 8 Macomb Corporation, Urban 8 Dancille Corporation against Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC . by Urban 8 Macomb Corporation, Urban 8 Dancille Corporation (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) |
| Filing 26 NOTICE of Motion by Caitlin Martini Mika for presentment of motion to dismiss #24 before Honorable John J. Tharp Jr. on 11/26/2019 at 09:00 AM. (Mika, Caitlin) |
| Filing 25 MEMORANDUM by Urban 8 Dancille Corporation, Urban 8 Macomb Corporation in support of motion to dismiss #24 (Attachments: #1 Declaration of David A. Davenport, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Mika, Caitlin) |
| Filing 24 MOTION by Defendants Urban 8 Macomb Corporation, Urban 8 Dancille Corporation to dismiss (Mika, Caitlin) |
| Filing 23 ATTORNEY Appearance for Defendants Urban 8 Dancille Corporation, Urban 8 Macomb Corporation by Caitlin Martini Mika (Mika, Caitlin) |
| Filing 22 RECEIVED from Ohio Southern; Case Number 2:19-cv-01848 (19- Plaintiff's Motion for Clarification, 21, Response to Plaintiffs' Motion for Clarification,23 Clarified Opinion and Order, Updated Docket sheet from Ohio) (nsf, ) |
| Filing 21 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. (kp, ) |
| Filing 20 MAILED Rule 83.15 letter to all counsel on record. (kp, ) |
| Filing 19 RECEIVED from Ohio Southern; Case Number 2:19-cv-01848 (bg) |
| Case transferred to District of Northern District of Illinois.Case file and docket sheet sent Electronically. (sem) [Transferred from Ohio Southern on 11/4/2019.] |
Filing 18
JUDGMENT entered pursuant to the Opinion and Order signed by Judge Sarah D. Morrison on 10/30/19. (sem) [Transferred from Ohio Southern on 11/4/2019.]
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Filing 17
OPINION and ORDER issued in that the Court ORDERS the Clerk to transfer this action to the United States District Court for the Northern District of Illinois. Accordingly, Defendants #10 Motion to Dismiss is DENIED as moot. Defendants Motion to Transfer is also DENIED as moot. Signed by Judge Sarah D. Morrison on 10/30/19. (sem). [Transferred from Ohio Southern on 11/4/2019.]
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Filing 16
ORDER REASSIGNING CASE. Case reassigned to Judge Sarah D. Morrison for all further proceedings. Judge Algenon L. Marbley no longer assigned to case. Signed by Chief Judge Edmund A. Sargus on 7/1/19. (jcw) [Transferred from Ohio Southern on 11/4/2019.]
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| Filing 15 REPLY to Response to Motion re #10 MOTION to Dismiss , or in the Alternative, to Transfer Venue filed by Defendants Urban 8 Danville Corporation, Urban 8 Macomb Corporation. (Attachments: #1 Affidavit of David A. Davenport, #2 Exhibit A to Affidavit of David A. Davenport, #3 Exhibit B to Affidavit of David A. Davenport, #4 Exhibit C to Affidavit of David A. Davenport, #5 Exhibit D to Affidavit of David A. Davenport, #6 Exhibit E to Affidavit of David A. Davenport) (Akhbari, Elyse) [Transferred from Ohio Southern on 11/4/2019.] |
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Filing 14
ORDER granting #11 Motion for Leave to Appear Pro Hac Vice of Christina Rieck Loukas and David A. Davenport. Mr. Davenport is permitted to act as trial attorney for Urban 8 in this action. Signed by Magistrate Judge Kimberly A. Jolson on June 19, 2019. (jlk) [Transferred from Ohio Southern on 11/4/2019.]
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| Filing 13 RESPONSE in Opposition re #10 MOTION to Dismiss , or in the Alternative, to Transfer Venue filed by Plaintiffs Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC. (Attachments: #1 Exhibit Declaration of Sebastian, #2 Exhibit Declaration of Holtz, #3 Exhibit Declaration of Brandstetter, #4 Exhibit Declaration of Al, #5 Exhibit Declaration of Gutierrez) (Tobias, Mitchell) [Transferred from Ohio Southern on 11/4/2019.] |
| Filing 12 AMENDED COMPLAINT against Urban 8 Danville Corporation, Urban 8 Macomb Corporation, filed by Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC. (Attachments: #1 Exhibit 1 - Danville LPA, #2 Exhibit 2 - Macomb LPA, #3 Exhibit 3 - 2018-07-24 purported email from Delman to Holtz, #4 Exhibit 4 - 2018-10-11 email from Al to Loukas, #5 Exhibit 5 - 2018-11 emails between Al and Loukas, #6 Exhibit 6 - 2018-12-17 letter requesting sale of Danville Property, #7 Exhibit 7 - 2018-12-17 letter requesting sale of Macomb Property, #8 Exhibit 8 - 2018-12-28 letter rejecting request for sale of Danville Property, #9 Exhibit 9 - 2018-12-28 letter rejecting request for sale of Macomb Property, #10 Exhibit 10 - 2019-01-07 letter repeating request to sell Danville Property, #11 Exhibit 11 - 2019-01-07 letter repeating request to sell Macomb Property) (Tobias, Mitchell) [Transferred from Ohio Southern on 11/4/2019.] |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice (Filing fee paid) of Christina Rieck Loukas and David A. Davenport by Defendants Urban 8 Danville Corporation, Urban 8 Macomb Corporation. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing) (Akhbari, Elyse) Modified fee status on 6/19/2019 (jlk). [Transferred from Ohio Southern on 11/4/2019.] |
| Filing 10 MOTION to Dismiss , or in the Alternative, to Transfer Venue by Defendants Urban 8 Danville Corporation, Urban 8 Macomb Corporation. (Attachments: #1 Affidavit of David A. Davenport, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9) (Akhbari, Elyse) [Transferred from Ohio Southern on 11/4/2019.] |
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Filing 9
NOTATION ORDER: granting #8 Motion for Leave to Appear Pro Hac Vice of Marc A. Al. Signed by Magistrate Judge Kimberly A. Jolson on May 16, 2019. (jlk) [Transferred from Ohio Southern on 11/4/2019.]
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| Filing 8 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6922218) of Marc A. Al by Plaintiffs Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC. (Attachments: #1 Exhibit Certificate of Good Standing) (Tobias, Mitchell) [Transferred from Ohio Southern on 11/4/2019.] |
| Filing 7 SUMMONS Returned Executed as to Defendant Urban 8 Macomb Corporation. Urban 8 Macomb Corporation served on 5/9/2019, answer due 5/30/2019. (Tobias, Mitchell) [Transferred from Ohio Southern on 11/4/2019.] |
| Filing 6 SUMMONS Returned Executed as to Defendant Urban 8 Danville Corporation. Urban 8 Danville Corporation served on 5/9/2019, answer due 5/30/2019. (Tobias, Mitchell) [Transferred from Ohio Southern on 11/4/2019.] |
| Filing 5 Summons Issued as to Urban 8 Danville Corporation. (jlk) [Transferred from Ohio Southern on 11/4/2019.] |
| Filing 4 Summons Issued as to Urban 8 Macomb Corporation. (jlk) [Transferred from Ohio Southern on 11/4/2019.] |
| Filing 3 Corporate Disclosure Statement by Plaintiff SCDC, LLC. (Tobias, Mitchell) [Transferred from Ohio Southern on 11/4/2019.] |
| Filing 2 Corporate Disclosure Statement by Plaintiff Nationwide Affordable Housing Fund 4, LLC. (Tobias, Mitchell) [Transferred from Ohio Southern on 11/4/2019.] |
| Filing 1 COMPLAINT with JURY DEMAND against Urban 8 Danville Corporation, Urban 8 Macomb Corporation ( Filing fee $ 400 paid - receipt number: 0648-6917193), filed by Nationwide Affordable Housing Fund 4, LLC, SCDC, LLC. (Attachments: #1 Exhibit 1 - Danville LPA, #2 Exhibit 2 - Macomb LPA, #3 Exhibit 3 2018-07-24 purported email from Delman to Holtz, #4 Exhibit 4 2018-10-11 email from Al to Loukas, #5 Exhibit 5 2018-11 emails between Al and Loukas, #6 Exhibit 6 2018-12-17 letter requesting sale of Danville Property, #7 Exhibit 7 2018-12-17 letter requesting sale of Macomb Property, #8 Exhibit 8 2018-12-28 letter rejecting request for sale of Danville Property, #9 Exhibit 9 2018-12-28 letter rejecting request for sale of Macomb Property, #10 Exhibit 10 2019-01-07 letter repeating request to sell Danville Property, #11 Exhibit 11 2019-01-07 letter repeating request to sell Macomb Property, #12 Civil Cover Sheet, #13 Summons Form, #14 Summons Form) (Tobias, Mitchell) [Transferred from Ohio Southern on 11/4/2019.] |
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