Truist Bank v. AgTech Scientific Group, LLC et al
Plaintiff: Truist Bank and Branch Banking and Trust Company
Defendant: AgTech Scientific Group, LLC, AgTech Scientific Corp., Clear Sky Enterprises, Inc., Emerald Assets, Inc., Double Dutch Logistics, Inc., Mid-American Trucking, Inc., Color Point, LLC, AgTech Scientific,LLC, EPS Scientific, LLC and VWD Holdings, LLC
Receiver: Aurora Management Partners, Inc.
3Rd Party Defendant: Salary, LLC and Ratel Technologies, Inc.
Case Number: 5:2021cv00190
Filed: July 9, 2021
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Matthew A Stinnett
Referring Judge: Robert E Wier
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 2, 2021 ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #52 Answer to Complaint, Third Party Complaint (GLD)
September 1, 2021 Filing 52 ANSWER to #1 Complaint,,,, , THIRD PARTY COMPLAINT against Salary, LLC, Ratel Technologies, Inc. by VWD Holdings, LLC.(Morris, James)
September 1, 2021 Opinion or Order Filing 51 ORDER re #50 MOTION to Withdraw as Attorney: To ensure no opposition in this atypical case, the Court will allow an objections period. Any party wishing to respond to the motion shall files its opposition by NLT 9/8/2021. Further, the Court defers the affected dfts' responsive pleading date for 30 days and subject to intervening orders. Signed by Judge Robert E. Wier on 9/1/2021.(SLH)cc: COR
August 31, 2021 Filing 50 MOTION to Withdraw as Attorney by AgTech Scientific Corp., AgTech Scientific Group, LLC, AgTech Scientific,LLC, Clear Sky Enterprises, Inc., Color Point, LLC, Double Dutch Logistics, Inc., EPS Scientific, LLC, Emerald Assets, Inc., Mid-American Trucking, Inc. Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)(McGrath, V.)
August 30, 2021 Opinion or Order Filing 49 ORDER: GRANTING Attys Irving Walker & Gary H. Leibowitz's #47 & #48 Motions for Admission Pro Hav Vice. Signed by Magistrate Judge Matthew A. Stinnett on 08/30/2021. (MDC) cc: COR and Irving Walker & Gary H. Leibowitz by US Mail (Order + Electronic Filing Atty Registration Form)
August 30, 2021 Filing 48 AMENDED MOTION for Admission of Gary H. Leiboritz Pro Hac Vice by Aurora Management Partners, Inc. Motions referred to Matthew A. Stinnett. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Certificate of Good Standing, #3 Proposed Order)(Gartland, Michael) Modified text on 8/31/2021 (KJR).
August 30, 2021 Filing 47 AMENDED MOTION for Admission of Irving Walker Pro Hac Vice by Aurora Management Partners, Inc. Motions referred to Matthew A. Stinnett. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Certificate of Good Standing, #3 Proposed Order)(Harris, Jamie) Modified text on 8/31/2021 (KJR).
August 24, 2021 Opinion or Order Filing 46 ORDER: DENYING without prejudice Attorneys Irving Walker & Gary H. Leibowitz's #41 & #42 Motions to Appear Pro Hac Vice for Aurora Management Partners, Inc. Signed by Magistrate Judge Matthew A. Stinnett on 8/24/21. (KJR)cc: COR, Irving Walker & Gary H. Leibowitz (US Mail)
August 23, 2021 Opinion or Order Filing 45 AMENDED ORDER Appointing Receiver and granting #43 Motion to Amend Order Appointing Receiver. After consideration of the Motion and for the reasons stated in the Motion, and with the consent of all of the Defendants, and it appearing that there is good cause for amending the Order Appointing Receiver and Granting Related Relief entered in this case on August 12, 2021 [Docket No. #40 ] (the Initial Order Appointing Receiver) to clarify the scope of authority and powers of the Receiver in a manner that will serve the best interest of all parties. Signed by Judge Robert E. Wier on 8/23/21. (JLM)cc: COR
August 23, 2021 BAR STATUS Check completed as to Irving E. Walker, Gary H. Leibowitz re #41 MOTION for Irving Walker to Appear Pro Hac Vice by Aurora Management Partners, Inc. ( Filing fee $125; receipt number 0643-5047738), #42 MOTION for Gary H. Leibowitz to Appear Pro Hac Vice by Aurora Management Partners, Inc. ( Filing fee $125; receipt number 0643-5047754). (KJR)
August 23, 2021 ***MOTION SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: re #41 MOTION for Irving Walker to Appear Pro Hac Vice by Aurora Management Partners, Inc. ( Filing fee $125; receipt number 0643-5047738), #42 MOTION for Gary H. Leibowitz to Appear Pro Hac Vice by Aurora Management Partners, Inc. ( Filing fee $125; receipt number 0643-5047754) (KJR)
August 20, 2021 Filing 44 SUMMONS RETURNED by Truist Bank: SERVICE BY SECRETARY OF STATE to VWD Holdings, LLC COMPLETED on 8/20/2021. Secretary of State return states a copy of the summons was sent by certified. (Attachments: #1 certified mail receipt)(KJR)
August 20, 2021 Filing 43 MOTION Receiver's Emergency Motion for Entry of Amended Order Appointing Receiver and Granting Related Relief with the Consent of All Defendants re #40 Order on Proposed Agreed Order,,,,,,,,,,,,, by Aurora Management Partners, Inc. Motions referred to Matthew A. Stinnett. (Attachments: #1 Exhibit A - Amended Order, #2 Exhibit B - Blackline Order, #3 Proposed Order)(Harris, Jamie)
August 20, 2021 Filing 42 MOTION for Gary H. Leibowitz to Appear Pro Hac Vice by Aurora Management Partners, Inc. ( Filing fee $125; receipt number 0643-5047754)Motions referred to Matthew A. Stinnett. (Attachments: #1 Affidavit Affidavit of Gary Leibowitz, #2 Proposed Order)(Gartland, Michael)
August 20, 2021 Filing 41 MOTION for Irving Walker to Appear Pro Hac Vice by Aurora Management Partners, Inc. ( Filing fee $125; receipt number 0643-5047738)Motions referred to Matthew A. Stinnett. (Attachments: #1 Affidavit Affidavit of Irving Walker, #2 Proposed Order)(Harris, Jamie)
August 12, 2021 Opinion or Order Filing 40 ORDER APPOINTING RECEIVER AND GRANTING RELATED RELIEF: 1. Truist's #32 Emergency Motion and Memorandum in Support of Emergency Motion for Appointment of Receiver and for Related Relief is GRANTED; 2. The Court finds that a Receiver should be appointed for the Property. The Property is that property serving as security for the loan at issue in this case; 3. Aurora Management Partners, Inc. is appointed receiver of and for the property for the purpose of operating, managing, protecting and preserving the Property as directed by this Order; 4. Dfts are ordered to cooperate w/ the Receiver in the transition of the management of the Property and turn over all items listed in Order; 5. Dfts are prohibited from removing any property or diverting any income from the Property, and shall fully cooperate w/ the Receiver in adding the Receiver as an additional insured and loss payee on all insurance relating to the operating and management of the Property; 6. Dfts are all prohibited from canceling, reducing, or modifying any and all insurance coverage in existence with respect to the Property. Dfts shall immediately notify the agent of record of the change in management, and grant full permission for the Receiver and its agent9s0 to acquire any and all policy information and any other policy information deemed necessary by Receiver; 7. The Receiver shall not be responsible for the preparation and filing of any tax returns for Dfts; 8. The Receiver shall have no personal liability in connection w/ any liabilities, obligations, liens or amounts owed to any of the creditors of Dfts. All costs and reasonable expenses arising from such legal actions or suits shall be the operating expenses or the receivership; 9. The Receiver shall have no claim asserted against them relating to the Receiver's duties, except due to gross negligence, misconduct, malicious acts or failure to comply w/ the Court's orders; 10. The Receiver may seek permission for specific actions by motion or by tendering an Agreed Order endorsed by all parties; 11. The Receiver shall stay in place pending further Order; 12. The Receiver shall file w/ the Court an accurate accounting of all such income collected and expenses incurred every month; 13. The Receiver shall not be required to post a bond; 14. The Receiver shall be compensated for its services, fees and expenses; 15.This Order is an interlocutory order appointing a receiver; 16. The Court rejects the proposed agreed order (DE #32 ). The Court found the receiver warranted for reasons stated at hearing; 17. On or before 8/20/2021, Receiver shall meet with Truist and representatives from each Dft to form a proposed budget and plan. The Receiver shall provide the Plan to Truist and the Defendants, and shall file the Plan w/ the Court; 18. Truist shall pay the reasonable fees and expenses of the Receiver. Receiver shall provide monthly invoices to Truist and Dfts; 19. The Clerk is directed to serve copies of this Order upon the parties; 20. The entry of judgment on Truist's complaint shall not operate as termination of the Receivership. Receivership shall be terminated by filing of notice of termination by Truist. The Receiver shall file its final report w/in 30 days of the date of filing of notice. Signed by Judge Robert E. Wier on 8/12/2021. (SLH)cc: COR
August 12, 2021 ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #39 Objections (KM)
August 11, 2021 Filing 39 OBJECTIONS to #32 Proposed Agreed Order, #37 Order, Proposed Order Appointing Receiver filed by VWD Holdings, LLC. (Attachments: #1 Exhibit Redlined Tendered Order)(Morris, James) Modified text on 8/12/2021 (KM). Modified on 8/12/2021 (STC).
August 11, 2021 Filing 38 NOTICE OF APPEARANCE by VWD Holdings, LLC. (Morris, James)
August 10, 2021 Opinion or Order Filing 37 ORDER: Court GRANTS #33 MOTION by VWD Holdings on the following terms. VWD SHALL tender a document showing interlineated objections to the #32 proposed order, with specific remarks as to those objections, by August 11, 2021. The matter then shall stand submitted. The Court would prefer an Order reflecting agreement of all, but if that cannot and does not occur by August 11, 2021, the Court will issue the Order it sees as fit and justified by the hearing and the Courts prior ruling. Signed by Judge Robert E. Wier on 8/10/2021.(GLD)cc: COR
August 10, 2021 Opinion or Order Filing 36 AGREED ORDER FOR EXTENSION OF TIME TO ANSWER THE COMPLAINT: By agreement of parties, deadline to answer for all defendants is extended until 9/1/2021, which is 21 days from current deadline for AgTech Scientific Group, LLC to answer the Complaint. Signed by Judge Robert E. Wier on 8/10/2021.(GLD)cc: COR
August 10, 2021 ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #35 Notice of Filing Points of Disagreement, ***MOTION SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: re #34 Proposed Agreed Order for Extension of Time to Answer the Complaint by AgTech Scientific Corp., AgTech Scientific Group, LLC, AgTech Scientific,LLC, Clear Sky Enterprises, Inc., Color Point, LLC, Double Dutch Logistics, Inc., EPS Scientific, LL, #32 Proposed Agreed Order Joint Order Approving Receiver and Granting Related Relief by Truist Bank, #33 MOTION for Order by VWD Holdings, LLC for Appointment of Receiver with Objections to Tendered Order of Other Parties (DE 32) and Two Day Extension (GLD)
August 9, 2021 Filing 35 NOTICE OF FILING AS TO POINTS OF DISAGREEMENT by Truist Bank, AgTech Scientific Group, LLC, Ag Tech Scientific Corp., Clear Sky Enterprises, Inc., Emerald Assets, Inc., Double Dutch Logistics, Inc., Mid-American Trucking, Inc., Color Point, LLC, AgTech Scientific, LLC, EPS Scientific, LLC and David Baker re #30 Order (Tucker, Martin) Modified filers on 8/10/2021 (GLD).
August 9, 2021 Filing 34 Proposed Agreed Order for Extension of Time to Answer the Complaint by AgTech Scientific Corp., AgTech Scientific Group, LLC, AgTech Scientific,LLC, Clear Sky Enterprises, Inc., Color Point, LLC, Double Dutch Logistics, Inc., EPS Scientific, LLC, Emerald Assets, Inc., Mid-American Trucking, Inc., VWD Holdings, LLC. (McGrath, V.) Modified on 8/10/2021 (GLD).
August 9, 2021 Filing 33 MOTION for Order by VWD Holdings, LLC for Appointment of Receiver with Objections to Tendered Order of Other Parties (DE 32) and Two Day Extension Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)(Beauman, Bryan)
August 9, 2021 Filing 32 Proposed Agreed Order Joint Order Approving Receiver and Granting Related Relief by Truist Bank, AgTech Scientific Corpo., AgTech Scientific Group, LLC, Clear Sky Enterprises, Inc., Emerald Assets, Inc., Double Dutch Logistics, Inc., Mid-American Trucking, Inc., Color POint, LLC, AgTech Scientific, LLC, EPS Scientific, LLC. (Tucker, Martin) Modified on 8/10/2021 (GLD).
August 5, 2021 Filing 31 Exhibit and Witness List for Motion Hearing held 8/4/2021. (KM)
August 5, 2021 Opinion or Order Filing 30 MINUTE ENTRY ORDER FOR MOTION HEARING held on 8/4/2021 before Judge Robert E. Wier:. The Court GRANTS, subject later to formal order entry, Plaintiff's #3 Emergency Motion to Appoint Receiver. The parties SHALL have until 8/9/2021 to submit a joint proposed order regarding the mechanics of the receivership. If an agreement cannot be reached, the parties SHALL make a brief filing regarding each point of disagreement by 8/9/2021. In the interim, Defendants must maintain the current status quo regarding all assets at issue in this matter, until the order granting receivership is filed. The Court will enter the Order promptly, and that order will contain the formal receiver appointment, the mechanics, and the details, and that Order will be appealable under 1292(a)(2). This gives all sides a chance to have input on the mechanics and details of administration. The parties SHALL submit a proposed agreed order to extend the responsive pleading deadline by 8/9/2021. Signed by Judge Robert E. Wier. (Court Reporter Kim Keene.) (KM)cc: COR
August 4, 2021 Filing 29 NOTICE OF FILING by AgTech Scientific Corp., AgTech Scientific Group, LLC, AgTech Scientific,LLC, Clear Sky Enterprises, Inc., Color Point, LLC, Double Dutch Logistics, Inc., EPS Scientific, LLC, Emerald Assets, Inc., Mid-American Trucking, Inc. re Response to #3 MOTION to Appoint Receiver by Truist Bank of Aurora Management Partner's Qualifications in Response to Motion to Appoint Receiver (Attachments: #1 Exhibit Aurora Management)(McGrath, V.) Modified text on 8/4/2021 (KM).
August 4, 2021 ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #29 Notice of Filing (KM)
August 3, 2021 Filing 28 Certified Mail Receipt signed by Secretary of State on 7/19/2021 as to Agtech Scientific Corp., filed by Truist Bank. (JER) Modified text on 8/4/2021 (KM).
August 3, 2021 ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #27 Response to Motion, #26 RESPONSE, (GLD)
August 2, 2021 Filing 27 RESPONSE to Motion re #3 MOTION to Appoint Receiver by Truist Bank filed by VWD Holdings, LLC. (Beauman, Bryan)
August 2, 2021 Filing 26 RESPONSE to #3 Motion to Appoint Receiver filed by AgTech Scientific Corp., AgTech Scientific Group, LLC, AgTech Scientific,LLC, Clear Sky Enterprises, Inc., Color Point, LLC, Double Dutch Logistics, Inc., EPS Scientific, LLC, Emerald Assets, Inc., Mid-American Trucking, Inc.. (McGrath, V.)
July 30, 2021 Filing 25 SUMMONS Returned Executed by Truist Bank via Bourbon County Sheriff to Emerald Assets, Inc. served on 7/21/2021, answer due 8/11/2021. (Tucker, Martin)
July 30, 2021 Filing 24 SUMMONS Returned Executed by Truist Bank via Bourbon County Sheriff to Mid-American Trucking, Inc. served on 7/21/2021, answer due 8/11/2021. (Tucker, Martin)
July 30, 2021 Filing 23 SUMMONS Returned Executed by Truist Bank via Bourbon County Sheriff to EPS Scientific, LLC served on 7/21/2021, answer due 8/11/2021. (Tucker, Martin)
July 30, 2021 Filing 22 SUMMONS Returned Executed by Truist Bank via Bourbon County Sheriff to Color Point, LLC served on 7/21/2021, answer due 8/11/2021. (Tucker, Martin)
July 30, 2021 Filing 21 SUMMONS Returned Executed by Truist Bank via Bourbon County Sheriff to AgTech Scientific,LLC served on 7/21/2021, answer due 8/11/2021. (Tucker, Martin)
July 30, 2021 Filing 20 SUMMONS Returned Executed by Truist Bank via Bourbon County Sheriff to Clear Sky Enterprises, Inc. served on 7/21/2021, answer due 8/11/2021. (Tucker, Martin)
July 30, 2021 Filing 19 SUMMONS Returned Executed by Truist Bank via Bourbon County Sheriff to AgTech Scientific Group, LLC served on 7/21/2021, answer due 8/11/2021. (Tucker, Martin)
July 30, 2021 Filing 18 SUMMONS Returned Executed by Truist Bank via Bourbon County Sheriff to Double Dutch Logistics, Inc. served on 7/21/2021, answer due 8/11/2021. (Tucker, Martin)
July 26, 2021 Opinion or Order Filing 17 ORDER: The Court GRANTS the #14 Joint Motion and CONTINUES the MOTION HEARING set for 7/29/2021 to 8/4/2021 at 03:00 PM in LEXINGTON before Judge Robert E. Wier. Defendants SHALL make any written response to Plaintiff's filings by 8/2/2021 at noon. Signed by Judge Robert E. Wier on 7/26/2021.(KM)cc: COR,D
July 26, 2021 ***MOTION SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: re #14 JOINT MOTION to Continue by AgTech Scientific Corp., AgTech Scientific Group, LLC, AgTech Scientific,LLC, Clear Sky Enterprises, Inc., Color Point, LLC, Double Dutch Logistics, Inc., EPS Scientific, LLC, Emerald Assets, Inc., Mid-American Trucking, In (GLD)
July 23, 2021 Filing 16 FRCP 7.1 DISCLOSURE STATEMENTof Defendant VWD Holdings, LLC by VWD Holdings, LLC. (Beauman, Bryan)
July 23, 2021 Filing 15 NOTICE OF APPEARANCE by VWD Holdings, LLC. (Beauman, Bryan)
July 23, 2021 Filing 14 JOINT MOTION to Continue by Truist Bank, AgTech Scientific Corp., AgTech Scientific Group, LLC, AgTech Scientific,LLC, Clear Sky Enterprises, Inc., Color Point, LLC, Double Dutch Logistics, Inc., EPS Scientific, LLC, Emerald Assets, Inc., Mid-American Trucking, Inc., VWD Holdings, LLC Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)(McGrath, V.) Modified filer on 7/26/2021 (GLD).
July 21, 2021 Opinion or Order Filing 13 ORDER: 1. Court GRANTS #4 MOTION for Hearing and sets MOTION HEARING for 7/29/2021 at 1:30 PM in LEXINGTON before Judge Robert E. Wier. 2. Court DIRECTS Truist to assure immediate service of the Motion with all attachments on known counsel for Defendants. 3. Hearing will address the propriety of, and basis for, the soughT remedy, and parties SHALL be prepared to offer proof on the status of relevant assets/collateral and need for provisional remedy. 4. Defendants SHALL make any written response by 7/28/2021 at noon. 5. Clerk SHALL serve this Order by email to Brandon McGrath, putative counsel for at least some of the debtor entities, at brandon.mcgrath@dentons.com and shall confirm his receipt of same. Signed by Judge Robert E. Wier on 7/21/2021.(GLD)cc: COR,D, Brandon McGrath via e-mail (Additional attachment(s) added on 7/21/2021: #1 Read receipt) (GLD).
July 20, 2021 ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #12 RETURN of Service (GLD)
July 19, 2021 Filing 12 RETURN of Service for dfts. VWD Holdings and AgTech Scientific, filed by Truist Bank. (JER)
July 15, 2021 ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #11 Response in Support of Motion, #10 Notice (JLM)
July 14, 2021 Filing 11 RESPONSE in Support re #4 MOTION for Hearing by Truist Bank, #3 MOTION to Appoint Receiver by Truist Bank filed by Truist Bank. (Attachments: #1 Exhibit A - Email from V. Brandon McGrath)(Tucker, Martin)
July 14, 2021 Filing 10 NOTICE by Truist Bank re #9 Order,,, Supplemental Statement Regarding This Court's Subject Matter Jurisdiction (Attachments: #1 Exhibit A - Organizational Chart)(Tucker, Martin)
July 12, 2021 Opinion or Order Filing 9 ORDER re #4 MOTION for Hearing filed by Truist Bank, #3 MOTION to Appoint Receiver filed by Truist Bank: 1. The Court ORDERS Truist to amend, per 1653, to correct defective allegations of jurisdiction. The amendment shall correct all noted deficiencies and shall occur by July 19, 2021; and 2. To ensure expeditious resolution of the pending motions, the Court ORDERS that Truist expedite process service and endeavor to serve process on each Defendant by July 19, 2021. Truist shall file proof of service with a report on service status by said date. The Court will establish a briefing schedule once Truist has adequately established subject matter jurisdiction and the involved parties are adequately before the Court. Signed by Judge Robert E. Wier on 7/12/21.(JLM)cc: COR
July 9, 2021 Opinion or Order Filing 8 STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division (Stinnett); 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier.(KM)cc: COR
July 9, 2021 Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by Truist Bank identifying Corporate Parent Truist Financial Corporation for Truist Bank. (KM)
July 9, 2021 Filing 6 Summons Issued as to AgTech Scientific Corp., VWD Holdings, LLC; Summons issued and returned to counsel via pick-up from Office of Clerk for service by Certified Mail by Secretary of State. (KM)
July 9, 2021 Filing 5 Summons Issued as to AgTech Scientific Group, LLC, AgTech Scientific, LLC, Clear Sky Enterprises, Inc., Color Point, LLC, Double Dutch Logistics, Inc., EPS Scientific, LLC, Emerald Assets, Inc., Mid-American Trucking, Inc.; Summons issued and returned to counsel electronically (KM)
July 9, 2021 Filing 4 Motion for Expedited Hearing on Motion and Memorandum and Support for Appointment of a Receiver and Related Relief by Truist Bank (Attachments: #1 Proposed Order)(KM)
July 9, 2021 Filing 3 Emergency Motion to Appoint Receiver and Related Relief by Truist Bank (Attachments: #1 Exhibit, #2 Memorandum in Support, #3 Exhibit A - Loan Agreement, #4 Exhibit B - Note 3410-00001, #5 Errata C - Note 3410-00003, #6 Exhibit D - Swap Agreement, #7 Exhibit E - Note 3436-00001 Loan Agreement, #8 Exhibit F - Note 3436-00001, #9 Exhibit G - Color Point Mortgage, #10 Exhibit H - Color Point Assignment, #11 Exhibit I - AgTech Mortgage, #12 Exhibit J - AgTech Assignment, #13 Exhibit K - Security Agreement, #14 Exhibit L - Guaranty 1, #15 Exhibit M - Guaranty 2, #16 Proposed Order)(KM)
July 9, 2021 Filing 1 COMPLAINT ( Filing fee $402; receipt number 0643-5013943), filed by Truist Bank. (Attachments: #1 Exhibit A - Loan Agreement, #2 Exhibit B - Note 3410-00001, #3 Exhibit C - Note 3410-00001, #4 Exhibit D - Swap Agreement, #5 Exhibit E - Notice 3436-00001 Loan Agreement, #6 Exhibit F - Note 3436-00001, #7 Exhibit G - Color Point Mortgage, #8 Exhibit H - Color Point Assignment, #9 Exhibit I - AgTech Mortgage, #10 Exhibit J - AgTech Assignment, #11 Exhibit K - Security Agreement, #12 Exhibit L - Guaranty 1, #13 Exhibit M - Guaranty 2, #14 Summons AgTech Scientific Corp., #15 Summons AgTech Scientific Group, #16 Summons AgTech Scientific, LLC, #17 Summons Clear Sky Enterprises, Inc., #18 Summons Color Point, LLC, #19 Summons Double Dutch Logistics, LLC, #20 Summons Emerald Assets, Inc., #21 Summons EPS Scientific, LLC, #22 Summons Mid-American Trucking, Inc., #23 Summons VWD Holding, LLC, #24 Civil Cover Sheet)(KM)
July 9, 2021 Conflict Check run. (KM)
July 9, 2021 ***MOTION SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: re #4 MOTION for Hearing by Truist Bank, #3 MOTION to Appoint Receiver by Truist Bank (KM)

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Search for this case: Truist Bank v. AgTech Scientific Group, LLC et al
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Plaintiff: Truist Bank
Represented By: Martin B. Tucker
Represented By: Sara Ann Johnston
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Plaintiff: Branch Banking and Trust Company
Represented By: Martin B. Tucker
Represented By: Sara Ann Johnston
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Defendant: AgTech Scientific Group, LLC
Represented By: James R. Irving
Represented By: V. Brandon McGrath
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Defendant: AgTech Scientific Corp.
Represented By: James R. Irving
Represented By: V. Brandon McGrath
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Defendant: Clear Sky Enterprises, Inc.
Represented By: James R. Irving
Represented By: V. Brandon McGrath
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Defendant: Emerald Assets, Inc.
Represented By: James R. Irving
Represented By: V. Brandon McGrath
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Defendant: Double Dutch Logistics, Inc.
Represented By: James R. Irving
Represented By: V. Brandon McGrath
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Defendant: Mid-American Trucking, Inc.
Represented By: James R. Irving
Represented By: V. Brandon McGrath
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Defendant: Color Point, LLC
Represented By: V. Brandon McGrath
Represented By: James R. Irving
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Defendant: AgTech Scientific,LLC
Represented By: James R. Irving
Represented By: V. Brandon McGrath
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Defendant: EPS Scientific, LLC
Represented By: James R. Irving
Represented By: V. Brandon McGrath
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Defendant: VWD Holdings, LLC
Represented By: Kevin G. Henry
Represented By: Sharon K. Morris
Represented By: Tyler James Morris
Represented By: Bryan Howard Beauman
Represented By: James M. Morris
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Receiver: Aurora Management Partners, Inc.
Represented By: Gary H. Leibowitz
Represented By: Irving E. Walker
Represented By: Jamie Lynn Harris
Represented By: Michael Joseph Gartland
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3rd party defendant: Salary, LLC
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3rd party defendant: Ratel Technologies, Inc.
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