TY One Holdings LLC et al v. M&T Bank Corporation
| Troca Yachts Management LLC, Boston East Brunswick Holdings LLC, Troca Holdings LLC, Troca Tyngsboro Hotel LLC and TY One Holdings LLC |
| M&T Bank Corporation |
| Judge Katherine Robertson |
| 1:2021cv10882 |
| May 26, 2021 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Contract: Marine |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 34 Judge Indira Talwani: ELECTRONIC ORDER granting Joint Motion to Stay Proceedings Pending Performance of Settlement Agreement #33 . The matter is stayed until August 16, 2021, pending performance of the parties' confidential settlement Agreement. Counsel shall file with the court a Stipulation of Dismissal or a Status Report on or before August 16, 2021. (Kelly, Danielle) |
| Filing 33 Joint MOTION to Stay re 30 Order, by M&T Bank Corporation.(Keable, Cale) |
| Filing 32 Electronic Clerk's Notes for proceedings held before Magistrate Judge Katherine A. Robertson: Status Conference held on 6/28/2021. (Court Reporter: No Court Reporter Used.)(Attorneys present: Bistany, Keable) (Healy, Bethaney) |
| Filing 31 ELECTRONIC NOTICE of Hearing ISSUED: Status Conference re ADR Conference set for 6/28/2021 at 2:00 PM in Remote Proceeding : Springfield before Magistrate Judge Katherine A. Robertson. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. (Rivera, Melissa) |
| Filing 30 Judge Indira Talwani: ELECTRONIC ORDER: the court treats the Stipulation #29 as a joint motion for a stay, which is GRANTED. The Preliminary Injunction hearing set for 6/14/2021 is canceled. Counsel shall file a stipulation of dismissal or status report no later than July 16, 2021. (MacDonald, Gail) |
| Filing 29 STIPULATION to Stay Proceedings Pending Settlement Discussions by M&T Bank Corporation. (Keable, Cale) |
| Filing 27 AFFIDAVIT of Thomas R. Thornton in Opposition re #3 MOTION for Preliminary Injunction filed by M&T Bank Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Keable, Cale) |
| Filing 26 AFFIDAVIT in Opposition re #3 MOTION for Preliminary Injunction by Ken Krauss filed by M&T Bank Corporation. (Keable, Cale) |
| Filing 25 Opposition re #3 MOTION for Preliminary Injunction filed by M&T Bank Corporation. (Keable, Cale) |
| Filing 24 AFFIDAVIT OF SERVICE Executed by TY One Holdings LLC, Troca Holdings LLC, Troca Tyngsboro Hotel LLC, Troca Yachts Management LLC. M&T Bank Corporation served on 6/2/2021, answer due 6/23/2021. Acknowledgement filed by TY One Holdings LLC; Troca Holdings LLC; Troca Tyngsboro Hotel LLC; Troca Yachts Management LLC. (Bistany, Anthony) |
| Filing 23 Magistrate Judge Katherine A. Robertson: ORDER entered. ORDER with Respect to Mediation. Confidential Settlement Memo due by 6/4/2021. See attached order for complete details. (Rivera, Melissa) |
| Filing 22 ELECTRONIC NOTICE of ADR Conference ISSUED: Alternative Dispute Resolution Hearing set for 6/11/2021 at 10:00 AM in Remote Proceeding : Springfield before Magistrate Judge Katherine A. Robertson. (Rivera, Melissa) |
| Filing 21 NOTICE of Appearance by Abhijit Das on behalf of TY One Holdings LLC (Das, Abhijit) |
| Filing 20 Notice of assignment to ADR Provider. Judge Katherine Robertson appointed, and has agreed to mediate this case on June 11, 2021.(Belpedio, Lisa) |
| Filing 19 Judge Indira Talwani: ELECTRONIC ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution, with a request to schedule ADR before the hearing on the Preliminary Injunction set for 6/14/2021. (MacDonald, Gail) |
| Filing 18 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 6/1/2021. Case called. Court heard argument from counsel. Amended MOTION for Temporary Restraining Order filed by Troca Tyngsboro Hotel LLC, Troca Holdings LLC, Boston East Brunswick Holdings LLC, TY One Holdings LLC, Troca Yachts Management LLC #9 DENIED. Defendant shall notify any possible purchaser of the vessel about this pending litigation, including the docket number. Parties jointly agree to mediation. Case to be referred to ADR with a request to schedule it before the hearing on the Preliminary Injunction set for 6/14/2021. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Anthony Bistany, Cale Patrick Keable) (MacDonald, Gail) |
| Filing 17 AFFIDAVIT in Opposition re #9 Amended MOTION for Temporary Restraining Order filed by M&T Bank Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Keable, Cale) |
| Filing 16 MEMORANDUM in Opposition re #9 Amended MOTION for Temporary Restraining Order filed by M&T Bank Corporation. (Keable, Cale) |
| Filing 15 Judge Indira Talwani: ELECTRONIC ORDER resetting hearing on Plaintiffs' Amended Motion for Temporary Restraining Order #9 for Tuesday, June 1, 2021, at 4:00 p.m. The hearing on the Amended Motion for Temporary Restraining Order #9 will be cancelled upon Defendant's written assurance that the vessel will not be sold prior to the court's resolution of the Motion for Preliminary Injunction #3 .This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Kelly, Danielle) |
| Filing 14 Judge Indira Talwani: ELECTRONIC ORDER regarding counsel's failure to comply with the court's order.On May 27, 2021, the court denied without prejudice Plaintiffs' Motion for Temporary Restraining Order #2 because Plaintiffs had failed to certify that Defendant had been given notice of the pending motion. Plaintiffs then filed and served their Amended Motion for Temporary Restraining Order #9 . The court set a prompt hearing on the motion. Elec. Order 10 . Because Defendant had not yet filed an Appearance in this matter and would therefore not have received notice of the hearing through CM/ECF, the court ordered Plaintiffs' counsel "to immediately notify Defendant of the hearing[]" and to file a certificate of service. No such notice was given on May 27, 2021, in disregard of the court's order. On the morning of the hearing, the clerk reminded counsel of his obligation to file a certificate of service. No such filing was made until after the court cancelled the hearing.The certificate of service #12 that was finally filed confirms that: (a) the original Motion for Temporary Restraining Order #2 sought relief without giving notice of the motion to the opposing party; (b) counsel failed to provide notice of the hearing at the time of the court's order; and (c) notice was given to the opposing party only after the clerk reminded counsel of his obligation to file a certificate of service.The Amended Motion for a Temporary Restraining Order #9 will be denied with prejudice if counsel is unable to comply with the court's orders. (Kelly, Danielle) |
| Filing 13 Entry of Appearance of Counsel ANSWER to #1 Complaint, by M&T Bank Corporation.(Keable, Cale) |
| Filing 12 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Boston East Brunswick Holdings LLC, TY One Holdings LLC, Troca Holdings LLC, Troca Tyngsboro Hotel LLC, Troca Yachts Management LLC re 10 Order Setting Hearing on Motion,,,,, . (Bistany, Anthony) |
| Filing 11 Judge Indira Talwani: ELECTRONIC ORDER: Plaintiff's counsel having failed to file a certificate of service as ordered by the court, see Elec. Order 10 , and having failed to respond to the clerk's e-mail reminder to file the certificate of service, the hearing on the Amended Motion for Temporary Restraining Order #9 , set for today at 3:00 p.m., is hereby cancelled. (Kelly, Danielle) |
| Filing 10 Judge Indira Talwani: ELECTRONIC ORDER setting a hearing on Plaintiff's Amended Motion for Temporary Restraining Order #9 on May 28, 2021, at 3:00 p.m. and a hearing on Plaintiff's Motion for Preliminary Injunction #3 on June 14, 2021, at 3:30 p.m. Plaintiff shall immediately notify Defendant of the hearings and shall file a certificate of service. The hearing on the Amended Motion for Temporary Restraining Order #9 will be cancelled upon Defendant's written assurance that the vessel will not be sold prior to the courts resolution of the Motion for Preliminary Injunction #3 .These hearings will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Kelly, Danielle) |
| Filing 9 Amended MOTION for Temporary Restraining Order by Boston East Brunswick Holdings LLC, TY One Holdings LLC, Troca Holdings LLC, Troca Tyngsboro Hotel LLC, Troca Yachts Management LLC. (Attachments: #1 Proposed Order)(Bistany, Anthony) |
| Filing 8 Judge Indira Talwani: ELECTRONIC ORDER denying without prejudice Motion for Temporary Restraining Order #2 . Plaintiff's filing does not certify that Defendant has been given notice of the pending motion. To the extent that Plaintiff seeks a temporary restraining order without notice to Defendant, Plaintiff and its counsel have failed to comply with the requirements of Fed. R. Civ. P. 65(b)(1). (Kelly, Danielle) |
| 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. Judge Indira Talwani 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. (Danieli, Chris) |
| Filing 5 Proposed Document(s) submitted by Boston East Brunswick Holdings LLC, TY One Holdings LLC, Troca Holdings LLC, Troca Tyngsboro Hotel LLC, Troca Yachts Management LLC. Document received: Proposed Order on Plaintiffs' Motion for a Temporary Restraining Order. (Bistany, Anthony) |
| Filing 4 MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order , #3 MOTION for Preliminary Injunction filed by Boston East Brunswick Holdings LLC, TY One Holdings LLC, Troca Holdings LLC, Troca Tyngsboro Hotel LLC, Troca Yachts Management LLC. (Bistany, Anthony) |
| Filing 3 MOTION for Preliminary Injunction by Boston East Brunswick Holdings LLC, TY One Holdings LLC, Troca Holdings LLC, Troca Tyngsboro Hotel LLC, Troca Yachts Management LLC.(Bistany, Anthony) |
| Filing 2 MOTION for Temporary Restraining Order by Boston East Brunswick Holdings LLC, TY One Holdings LLC, Troca Holdings LLC, Troca Tyngsboro Hotel LLC, Troca Yachts Management LLC.(Bistany, Anthony) |
| Filing 1 COMPLAINT and Demand for Jury Trial against M&T Bank Corporation Filing fee: $ 402, receipt number 0101-8794093 (Fee Status: Filing Fee paid), filed by Boston East Brunswick Holdings LLC, TY One Holdings LLC, Troca Holdings LLC, Troca Tyngsboro Hotel LLC, Troca Yachts Management LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Category Form, #3 Affidavit of Abhijit Das, #4 Affidavit of Eric J Kfoury, #5 Exhibit Exhibits A-H)(Bistany, Anthony) (Attachment 4 replaced on 6/8/2021 - Original document was missing last page; Replaced with corrected version from counsel) (Kelly, Danielle). |
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