North Avenue Capital, LLC et al v. United States of America, et al
| North Avenue Capital, LLC |
| UNITED STATES OF AMERICA, Moon Group, Inc., Moon Landscaping, Inc., Moon Nurseries, Inc., Moon Site Management, Inc., Moon Wholesale, Inc., Rickert Landscaping, Inc., Legalist DIP GP, LLC, Legalist DIP Fund I, LP, United States Small Business Administration, Kore Capital Corporation, J. Frank Schmidt & Sons, Co., Comptroller of Maryland, Cecil County Department of Finance, Padco Financial Services, Inc., Ailco Equipment Finance Group, Inc., Ross Capital Partners, LLC, John D Pursell, JR, Angela M Pursell, John D. Pursell, III and John 1-10 Does |
| Newtek Small Business Finance, LLC |
| Legalist DIP SPV II, LP |
| Don A. Beskrone |
| 1:2022cv03240 |
| December 15, 2022 |
| US District Court for the District of Maryland |
| J Mark Coulson |
| Real Property: Foreclosure |
| 28 U.S.C. § 2410 Quiet Title |
| None |
Docket Report
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Filing 49
Local Rule 103.3 Disclosure Statement by Comptroller of Maryland (Stephens, Kimberly)
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Filing 48
Local Rule 103.3 Disclosure Statement by Legalist DIP Fund I, LP, Legalist DIP GP, LLC, Legalist DIP SPV II, LP (Costella, Richard)
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Deficiency Notice as to Comptroller of Maryland -- Your Local Rule 103.3 disclosure statement has not been filed. The Statement must be filed by 2/7/2023 (bas, Deputy Clerk)
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Filing 46
NOTICE OF DEFICIENCY re: #45 Consent/Decline to Proceed Before a US Magistrate Judge. Comptroller of Maryland must correct the following error(s):**Pursuant to the Magistrate Judge Pilot Project Procedures, consent/declination forms are to be filed with the event 25 Pct Mag Consent to Proceed Before a Magistrate Judge OR 25 Pct Mag Decline to Proceed Before a Magistrate Judge, both located in Other Filings >Other Documents. (bas, Deputy Clerk)
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Filing 45
-[FILED IN ERROR]- Consent to Magistrate Judge (Stephens, Kimberly) Modified on 1/31/2023 (bas, Deputy Clerk).
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Filing 44
ANSWER to #1 Complaint,, , COUNTERCLAIM against Newtek Small Business Finance, LLC, North Avenue Capital, LLC by Legalist DIP SPV II, LP, Legalist DIP Fund I, LP, Legalist DIP GP, LLC.(Costella, Richard)
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Filing 43
NOTICE of Case Assignment. This case has been assigned to Magistrate Judge J. Mark Coulson. Comptroller of Maryland or counsel for Comptroller of Maryland are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded #here. Pursuant to Standing Order 2019-07, which can be downloaded #here, counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded #here. To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge. To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge. Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 2/7/2023. (kk5s, Deputy Clerk)
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Filing 42
MEMORANDUM OPINION AND ORDER regarding the Stipulation of Dismissal Without Prejudice as to Defendant AILCO failing to comply with Federal Rules of Civil Procedure. Signed by Magistrate Judge J. Mark Coulson on 1/24/2023. (kk5s, Deputy Clerk)
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Filing 41
STIPULATION of Dismissal without prejudice by North Avenue Capital, LLC(Nzegwu, Chukwukpee)
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Filing 40
NOTICE of Appearance by Kimberly Bowden Stephens on behalf of Comptroller of Maryland (Stephens, Kimberly)
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Filing 39
STATEMENT of Non-Party, Don A. Beskrone, Chapter 7 Trustee of Moon Group, Inc., Et Al (Attachments: #1 Exhibit A, #2 Certificate of Service)(bas, Deputy Clerk)
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Filing 38
MARGINAL ORDER Approving #36 Stipulation filed by Legalist DIP SPV II, LP, Legalist DIP Fund I, LP, Legalist DIP GP, LLC. Signed by Magistrate Judge J. Mark Coulson on 1/17/2023. (bas, Deputy Clerk)
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Filing 37
NOTICE of Appearance by Richard L Costella on behalf of Legalist DIP Fund I, LP, Legalist DIP GP, LLC, Legalist DIP SPV II, LP (Costella, Richard)
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Filing 36
STIPULATION re #1 Complaint,, Extending Answer Deadlne by Legalist DIP Fund I, LP, Legalist DIP GP, LLC, Legalist DIP SPV II, LP(Costella, Richard)
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Filing 35
SUMMONS Returned Executed by North Avenue Capital, LLC. Moon Landscaping, Inc. served on 1/10/2023, answer due 1/31/2023.(Nzegwu, Chukwukpee)
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Filing 34
SUMMONS Returned Executed by North Avenue Capital, LLC. Moon Nurseries, Inc. served on 1/10/2023, answer due 1/31/2023.(Nzegwu, Chukwukpee)
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Filing 33
SUMMONS Returned Executed by North Avenue Capital, LLC. Moon Site Management, Inc. served on 1/10/2023, answer due 1/31/2023.(Nzegwu, Chukwukpee)
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Filing 32
SUMMONS Returned Executed by North Avenue Capital, LLC. Moon Wholesale, Inc. served on 1/10/2023, answer due 1/31/2023.(Nzegwu, Chukwukpee)
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Filing 31
SUMMONS Returned Executed by North Avenue Capital, LLC. Rickert Landscaping, Inc. served on 1/10/2023, answer due 1/31/2023.(Nzegwu, Chukwukpee)
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Filing 30
SUMMONS Returned Executed by North Avenue Capital, LLC. J. Frank Schmidt & Sons, Co. served on 12/27/2022, answer due 1/17/2023.(Nzegwu, Chukwukpee)
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Filing 29
ANSWER to #1 Complaint,, by Kore Capital Corporation.(Musgrave, David)
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Filing 28
Local Rule 103.3 Disclosure Statement by Kore Capital Corporation (Musgrave, David)
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Filing 27
SUMMONS Returned Executed by North Avenue Capital, LLC. Ross Capital Partners, LLC served on 12/23/2022, answer due 1/13/2023.(Nzegwu, Chukwukpee)
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Filing 26
SUMMONS Returned Executed by North Avenue Capital, LLC. Legalist DIP GP, LLC served on 12/23/2022, answer due 1/13/2023.(Nzegwu, Chukwukpee)
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Filing 25
SUMMONS Returned Executed by North Avenue Capital, LLC. Legalist DIP SPV II, LP served on 12/23/2022, answer due 1/13/2023.(Nzegwu, Chukwukpee)
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Filing 24
SUMMONS Returned Executed by North Avenue Capital, LLC. Moon Group, Inc. served on 12/25/2022, answer due 1/17/2023.(Nzegwu, Chukwukpee)
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Filing 23
SUMMONS Returned Executed by North Avenue Capital, LLC. Padco Financial Services, Inc. served on 12/27/2022, answer due 1/17/2023.(Nzegwu, Chukwukpee)
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Filing 22
SUMMONS Returned Executed by North Avenue Capital, LLC. Legalist DIP Fund I, LP served on 12/23/2022, answer due 1/13/2023.(Nzegwu, Chukwukpee)
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Filing 21
SUMMONS Returned Executed by North Avenue Capital, LLC. United States of America served on 12/23/2022, answer due 2/21/2023.(Nzegwu, Chukwukpee)
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Filing 20
SUMMONS Returned Executed by North Avenue Capital, LLC. United States Small Business Administration served on 12/23/2022, answer due 1/13/2023.(Nzegwu, Chukwukpee)
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Filing 19
SUMMONS Returned Executed by North Avenue Capital, LLC. Cecil County Department of Finance served on 12/21/2022, answer due 1/11/2023.(Nzegwu, Chukwukpee)
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Filing 18
SUMMONS Returned Executed by North Avenue Capital, LLC. Comptroller of Maryland served on 12/30/2022, answer due 1/20/2023.(Nzegwu, Chukwukpee)
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Filing 16
Local Rule 103.3 Disclosure Statement by Newtek Small Business Finance, LLC identifying Corporate Parent Newtek Business Services Corp. for Newtek Small Business Finance, LLC.(Drescher, Ronald)
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Filing 15
SUMMONS Returned Executed by North Avenue Capital, LLC. John D. Pursell, III served on 12/21/2022, answer due 1/11/2023.(Nzegwu, Chukwukpee)
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Filing 14
Summons Issued 21 days as to John D. Pursell, III.(bas, Deputy Clerk)
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Filing 13
NOTICE by North Avenue Capital, LLC re #1 Complaint,, John D. Pursell, III Summons (Attachments: #1 John Pursell III Summons)(Nzegwu, Chukwukpee)
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Filing 12
SUMMONS Returned Executed by North Avenue Capital, LLC. Kore Capital Corporation served on 12/20/2022, answer due 1/10/2023.(Nzegwu, Chukwukpee)
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Filing 11
SUMMONS Returned Executed by North Avenue Capital, LLC. John D Pursell, JR served on 12/20/2022, answer due 1/10/2023.(Nzegwu, Chukwukpee)
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Filing 10
SUMMONS Returned Executed by North Avenue Capital, LLC. Angela M Pursell served on 12/20/2022, answer due 1/10/2023.(Nzegwu, Chukwukpee)
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Filing 9
Summons Issued 60 days as to Ailco Equipment Finance Group, Inc., Cecil County Department of Finance, Comptroller of Maryland, J. Frank Schmidt & Sons, Co., Kore Capital Corporation, Legalist DIP Fund I, LP, Legalist DIP GP, LLC, Moon Group, Inc., Moon Landscaping, Inc., Moon Nurseries, Inc., Moon Site Management, Inc., Moon Wholesale, Inc., Padco Financial Services, Inc., Angela M Pursell, John D. Pursell, III, John D Pursell, JR, Rickert Landscaping, Inc., Ross Capital Partners, LLC, United States Small Business Administration, United States of America, U.S. Attorney and U.S. Attorney General(bas, Deputy Clerk)
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Filing 8
NOTICE by North Avenue Capital, LLC re #1 Complaint,, Summonses Filed (Attachments: #1 Summons Ailco Summons, #2 Summons A Pursell Summons, #3 Summons Cecil County Summons, #4 Summons Comptroller MD Summons, #5 Summons J Frank Summons, #6 Summons J Pursell Summons, #7 Summons Kore Summons, #8 Summons Legalist Fund Summons, #9 Summons Legalist GP Summons, #10 Summons Legalist SPV Summons, #11 Summons USA Summons 1, #12 Summons Moon Group Summons, #13 Summons Moon Land Summons, #14 Summons Moon Nurseries Summons, #15 Summons Moon Site Summons, #16 Summons Moon Whole Summons, #17 Summons OIG Summons, #18 Summons Padco Summons, #19 Summons Rickert Summons, #20 Summons Ross Summons, #21 Summons USA Summons 2, #22 Summons SBA Summons)(Nzegwu, Chukwukpee)
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Filing 7
NOTICE of Appearance by Lisa Bittle Tancredi on behalf of North Avenue Capital, LLC (Tancredi, Lisa)
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Filing 6
QC NOTICE: #1 Complaint,, filed by North Avenue Capital, LLC was filed incorrectly. **The following attachments or exhibits are missing - Summons. To correct this problem, file Summons using the event Notice (Other) and link Summons to #1 Complaint. (bas, Deputy Clerk)
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Filing 5
Case Management Order. Signed by Magistrate Judge J. Mark Coulson on 12/16/2022. (bas, Deputy Clerk) .
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Filing 4
NOTICE of Case Assignment. This case has been assigned to Magistrate Judge J. Mark Coulson. Newtek Small Business Finance, LLC, North Avenue Capital, LLC or counsel for Newtek Small Business Finance, LLC, North Avenue Capital, LLC are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded #here. Pursuant to Standing Order 2019-07, which can be downloaded #here, counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded #here. To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge. To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge. Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 12/29/2022. (bas, Deputy Clerk)
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Deficiency Notice as to Newtek Small Business Finance, LLC -- Your Local Rule 103.3 disclosure statement has not been filed. The Statement must be filed by 12/22/2022 (bas, Deputy Clerk)
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Filing 3
Local Rule 103.3 Disclosure Statement by North Avenue Capital, LLC (Nzegwu, Chukwukpee)
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Filing 2
NOTICE of Appearance by Chukwukpee Nzegwu on behalf of North Avenue Capital, LLC (Nzegwu, Chukwukpee)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AMDDC-10328275.), filed by North Avenue Capital, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E, #7 Exhibit Ex. F, #8 Exhibit Ex. G, #9 Exhibit Ex. H, #10 Exhibit Ex. I, #11 Exhibit Ex. J, #12 Exhibit Ex. K, #13 Exhibit Ex. L, #14 Exhibit Ex. M, #15 Exhibit Ex. N, #16 Exhibit Ex. O, #17 Exhibit Ex. P, #18 Exhibit Ex. Q)(Nzegwu, Chukwukpee)
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