Cathay Bank v. Kingston Wind Independence LLC et al
| Cathay Bank |
| Kingston Wind Independence Inc., Bradford Cleaves, Kially M. Ruiz, Duncan Peterson and Kingston Wind Independence LLC |
| 1:2020cv11396 |
| July 24, 2020 |
| US District Court for the District of Massachusetts |
| F Dennis Saylor |
| Negotiable Instrument |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 17, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 MEMORANDUM in Support re #19 Amended MOTION to Vacate 9 Order on Motion for Preliminary Injunction,,,,,,,, #4 Memorandum in Support of Motion filed by Duncan Peterson(an individual ). (Attachments: #1 Affidavit Peterson, #2 Exhibit Deed, #3 Exhibit Writ, #4 Affidavit Ruiz, #5 Exhibit Kingston Contract, #6 Exhibit UCC Lien, #7 Exhibit Guaranty, #8 Exhibit US Treas letter, #9 Exhibit Chart - Windspeeds, #10 Exhibit Pezz 9/20/18, #11 Exhibit Pezz 11/21/18, #12 Exhibit Pezz 12/7/18, #13 Exhibit Security Agreement, #14 Exhibit Intercreditor Agreement, #15 Exhibit Cease & Desist, #16 Exhibit SEA Memo, #17 Exhibit Ruiz 2/7/19, #18 Exhibit Cox 5/7/19, #19 Exhibit Bank payoff, #20 Exhibit Cox offer, #21 Exhibit Pezz seeks backup, #22 Exhibit Ruiz offer, #23 Exhibit Ruiz 5/20/20, #24 Exhibit Backup provided, #25 Exhibit Cox 6/16/20, #26 Exhibit Bank default letter, #27 Exhibit Ruiz - 7/16/20, #28 Exhibit Cox wire, #29 Exhibit Bank set-off, #30 Exhibit 2nd Ruiz)(Gilleran, Michael) |
| Filing 19 Amended MOTION to Vacate 9 Order on Motion for Preliminary Injunction,,,,,,,, #4 Memorandum in Support of Motion by Duncan Peterson(an individual ). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Gilleran, Michael) |
| Filing 18 AMENDED ANSWER to #13 Answer to Complaint,,,, Counterclaim,,, , Amended COUNTERCLAIM against Cathay Bank by Kially M. Ruiz, Bradford Cleaves, Kingston Wind Independence LLC, Duncan Peterson. (Attachments: #1 Exhibit Deed, #2 Exhibit Loan Agreement, #3 Exhibit UCC Lien, #4 Exhibit Guaranty, #5 Exhibit Treas Grant, #6 Exhibit Chart - Windspeeds, #7 Exhibit Letter 9/20/18, #8 Exhibit Email 11/21/18, #9 Exhibit Letter 12/7/18, #10 Exhibit Security Agreement, #11 Exhibit Intercreditor Agreement, #12 Exhibit Cease & Desist, #13 Exhibit SEA Memo, #14 Exhibit Ruiz 2/7/19, #15 Exhibit Cox 5/7/20, #16 Exhibit Bank payoff, #17 Exhibit Cox 5/19/20, #18 Exhibit Email 5/19/20, #19 Exhibit Ruiz 5/19/20, #20 Exhibit Cox 5/24/20, #21 Exhibit Cox 6/16/20, #22 Exhibit Bank 7/8/20, #23 Exhibit Ruiz 7/16/20, #24 Exhibit Cox wire, #25 Exhibit Writ of Attach, #26 Exhibit Bank 8/14/20)(Gilleran, Michael) |
| Filing 17 MEMORANDUM in Support re #16 MOTION to Vacate 9 Order on Motion for Preliminary Injunction,,,,,,,, filed by Duncan Peterson. (Attachments: #1 Affidavit Ruiz, #2 Exhibit Ex. 1, #3 Exhibit Ex. 2, #4 Exhibit Ex. 3, #5 Exhibit Ex. 4, #6 Exhibit Ex. 5, #7 Exhibit Ex. 6, #8 Exhibit Ex. 7, #9 Exhibit Ex. 8, #10 Exhibit Ex. 9, #11 Exhibit Ex. 10, #12 Exhibit Ex. 11, #13 Exhibit Ex. 12, #14 Exhibit Ex. 13, #15 Exhibit Ex. 14, #16 Exhibit Ex. 15, #17 Exhibit Ex. 16, #18 Exhibit Ex. 17, #19 Exhibit Ex. 18, #20 Exhibit Ex. 19, #21 Exhibit Ex. 20, #22 Exhibit Ex. 21, #23 Exhibit Ex. 22, #24 Exhibit Ex. 23, #25 Exhibit Ex. 24, #26 Exhibit Ex. 25, #27 Affidavit 2nd Ruiz, #28 Affidavit Peterson, #29 Exhibit Ex. 1, #30 Exhibit Ex. 2)(Gilleran, Michael) (Main Document 17 replaced on 9/11/2020) (Halley, Taylor). (Attachment 1 replaced on 9/11/2020) (Halley, Taylor). |
| Filing 16 MOTION to Vacate 9 Order on Motion for Preliminary Injunction,,,,,,,, by Duncan Peterson.(Gilleran, Michael) |
| Filing 15 AFFIDAVIT OF SERVICE Executed by Cathay Bank. Kially M. Ruiz served on 8/11/2020, answer due 9/1/2020. Acknowledgement filed by Cathay Bank. (Manesse, Melissa) |
| Filing 14 AFFIDAVIT OF SERVICE Executed by Cathay Bank. Bradford Cleaves served on 8/10/2020, answer due 8/31/2020. Acknowledgement filed by Cathay Bank. (Manesse, Melissa) |
| Filing 13 ANSWER to #1 Complaint, , COUNTERCLAIM against Cathay Bank by Kially M. Ruiz, Bradford Cleaves, Kingston Wind Independence LLC, Duncan Peterson. (Attachments: #1 Exhibit Deed, #2 Exhibit Loan Agreement, #3 Exhibit UCC Lien, #4 Exhibit Guaranty, #5 Exhibit Treasury Grant, #6 Exhibit Chart Windspeeds, #7 Exhibit Pezzoni 10/21/18, #8 Exhibit Pezzoni 11/21/18, #9 Exhibit Pezzoni 12/11/18, #10 Exhibit Parab Security Agree, #11 Exhibit Intercreditor Agree, #12 Exhibit Cease & Desist, #13 Exhibit SEA Memo, #14 Exhibit Ruiz 2/7/19, #15 Exhibit Cox 5/7/20, #16 Exhibit Pezzoni 5/19/20, #17 Exhibit Cox 5/19/20, #18 Exhibit Pezzoni 5/19/20, #19 Exhibit Ruiz 5/19/20, #20 Exhibit Cox 5/24/20, #21 Exhibit Cox 6/16/20, #22 Exhibit Bank 7/8/20, #23 Exhibit Ruiz 7/16/20, #24 Exhibit Cox wire 8/5/20, #25 Exhibit Writ 8/7/20, #26 Exhibit Bank 8/14/20)(Gilleran, Michael) |
| Filing 12 NOTICE of Appearance by Michael C. Gilleran on behalf of Bradford Cleaves, Duncan Peterson, Kially M. Ruiz, Kingston Wind Independence LLC (Gilleran, Michael) |
| Filing 11 Summons Reissued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Kelly, Danielle) |
| Filing 10 WRIT of Attachment issued. (Bono, Christine) |
| Filing 9 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #3 Motion for Ex Parte Prejudgment Attachment. For a plaintiff to obtain a pretrial attachment order in Massachusetts, it must demonstrate: "(1) reasonable likelihood of success on merits, and (2) reasonable likelihood of recovering judgment equal to or greater than amount of attachment sought that is over and above any liability insurance shown by defendant to be available to satisfy judgment." Ruggieri v. M.I.W. Corp., 826 F. Supp. 2d 334, 336 (D. Mass. 2011) (citing Latorraca v. Centennial Technologies, Inc., 583 F. Supp. 2d 208, 211 (D.Mass.2008)). "[A] plaintiff need not demonstrate irreparable harm to be eligible for prejudgment attachment and equitable considerations do not play a role in the inquiry." Id. The Court finds that plaintiff, through its complaint, attachments, and additional filings, has shown a reasonable likelihood of success on the merits and a reasonable likelihood of recovering a judgment equal to or greater than the value of the property of which it seeks attachment. Furthermore, the Court finds that the factors laid out in Ma. R. Civ. P. 4.1(f), which governs ex parte property attachments in Massachusetts, counsel in favor of granting this motion. See Ma. R. Civ. P. 4.1(f) ("(i) the person of the defendant is not subject to the jurisdiction of the court in the action, or (ii) there is a clear danger that the defendant if notified in advance of attachment of the property will convey it, remove it from the state or will conceal it, or (iii) there is immediate danger that the defendant will damage or destroy the property to be attached."); see also U.S. Fid. & Guar. Co. v. E. Contractors, Inc., 2008 WL 190758, at *4 (D. Mass. Jan. 15, 2008) (considering Ma. R. Civ. P. 4.1(f) in ex parte attachment issue in Massachusetts). Accordingly, plaintiff's motion for an ex parte writ of attachment is granted. (Bono, Christine) |
| Filing 8 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #2 Motion to Appoint Special Process Server. (Bono, Christine) |
| Filing 7 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Kelly, Danielle) |
| Filing 6 ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 5 AFFIDAVIT in Support re #3 MOTION for Preliminary Injunction Plaintiff's Motion for Ex-Parte Prejudgment Attachment Affidavit of Grant A. Pattison. (Manesse, Melissa) |
| Filing 4 MEMORANDUM in Support re #3 MOTION for Preliminary Injunction Plaintiff's Motion for Ex-Parte Prejudgment Attachment filed by Cathay Bank. (Manesse, Melissa) |
| Filing 3 MOTION for Preliminary Injunction Plaintiff's Motion for Ex-Parte Prejudgment Attachment by Cathay Bank.(Manesse, Melissa) |
| Filing 2 MOTION to Appoint Special Process Server by Cathay Bank.(Manesse, Melissa) |
| Filing 1 COMPLAINT Verified Complaint against All Defendants Filing fee: $ 400, receipt number 0101-8343762 (Fee Status: Filing Fee paid), filed by Cathay Bank. (Attachments: #1 Exhibit A -Note, #2 Exhibit B-Loan and Security Agreement, #3 Exhibit C-Guaranty, #4 Civil Cover Sheet Civil Cover Sheet, #5 Category Sheet)(Manesse, Melissa) Modified on 7/24/2020: Corrected docket text (Kelly, Danielle). |
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