BI 40 LLC v Tewksbury Living Group, LLC, et al.
Plaintiff: BI 40 LLC
Defendant: Tewksbury Living Group LLC, EC Tewksbury LLC and MH Tewksbury Operating, LLC
Receiver: KCP Advisory Group, LLC
Case Number: 1:2021cv11904
Filed: November 24, 2021
Court: US District Court for the District of Massachusetts
Presiding Judge: Patti B Saris
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 1345
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2021 Filing 26 NOTICE of Appearance by A. Davis Whitesell on behalf of KCP Advisory Group, LLC (Whitesell, A.)
December 13, 2021 Filing 25 NOTICE of Appearance by John T. Morrier on behalf of KCP Advisory Group, LLC (Morrier, John)
December 13, 2021 Filing 24 NOTICE of Appearance by Daniel C. Malone on behalf of EC Tewksbury LLC, MH Tewksbury Operating, LLC, Tewksbury Living Group LLC (Malone, Daniel)
December 9, 2021 Filing 23 Judge Patti B. Saris: ORDER entered. ORDER APPOINTING RECEIVER. (Geraldino-Karasek, Clarilde)
December 9, 2021 Filing 22 Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED re #2 Emergency MOTION to Appoint Receiver and Request for Expedited Hearing. (Geraldino-Karasek, Clarilde) (Geraldino-Karasek, Clarilde).
December 9, 2021 Filing 21 ELECTRONIC NOTICE OF STATUS CONFERENCEThis 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.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. Status Conference set for 6/8/2022 02:30 PM BY VIDEO before Judge Patti B. Saris. (Molloy, Maryellen)
December 9, 2021 Filing 20 Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Motion Hearing held on 12/9/2021 hearing held by VIDEO re #2 Emergency MOTION to Appoint Receiver and Request for Expedited Hearing filed by BI 40 LLCORDERED: Emergency Motion to Appoint a Receiver - ALLOWED. Parties to submit a Status Report by 1/21/2022.Status Conference set for 6/8/2022 at 2:30 by VIDEO.(Present: Atty McMahon, Powers, Bensinger, Casey, Mawhinney, Morrier, Wasserstrom, Stahl, Eisenstein, Valentine) (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen)
December 9, 2021 Filing 19 Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED #17 Motion for Leave to Appear Pro Hac Vice Added Daniel C. Malone. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Geraldino-Karasek, Clarilde)
December 8, 2021 Filing 18 NOTICE by BI 40 LLC re #2 Emergency MOTION to Appoint Receiver and Request for Expedited Hearing Notice of Proposed Agreed Order Appointing Receiver (Mawhinney, David)
December 8, 2021 Filing 17 MOTION for Leave to Appear Pro Hac Vice for admission of Daniel C. Malone Filing fee: $ 100, receipt number AMADC-9087710 by EC Tewksbury LLC, MH Tewksbury Operating, LLC, Tewksbury Living Group LLC.(McMahon, William)
December 3, 2021 Filing 16 CERTIFICATE OF SERVICE pursuant to LR 5.2 by BI 40 LLC re #2 Emergency MOTION to Appoint Receiver and Request for Expedited Hearing, 10 Notice of Hearing on Motion,,,, Notice of Hearing. (Mawhinney, David)
December 3, 2021 Filing 15 NOTICE of Appearance by William S. McMahon on behalf of EC Tewksbury LLC, MH Tewksbury Operating, LLC, Tewksbury Living Group LLC (McMahon, William)
December 2, 2021 Filing 14 WAIVER OF SERVICE Returned Executed by BI 40 LLC. MH Tewksbury Operating, LLC waiver sent on 11/24/2021, answer due 1/24/2022. (Mawhinney, David)
December 2, 2021 Filing 13 WAIVER OF SERVICE Returned Executed by BI 40 LLC. EC Tewksbury LLC waiver sent on 11/24/2021, answer due 1/24/2022. (Mawhinney, David)
December 2, 2021 Filing 12 WAIVER OF SERVICE Returned Executed by BI 40 LLC. Tewksbury Living Group LLC waiver sent on 11/24/2021, answer due 1/24/2022. (Mawhinney, David)
December 1, 2021 Filing 11 NOTICE of Appearance by Mark W. Powers on behalf of BI 40 LLC (Powers, Mark)
December 1, 2021 Filing 10 ELECTRONIC NOTICE Setting Hearing BY VIDEO ON #2 Emergency MOTION to Appoint Receiver and Request for Expedited Hearing : MOTION HEARING SET FOR 12/9/2021 10:00 AM BY VIDEO before Judge Patti B. Saris. 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.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.(Geraldino-Karasek, Clarilde)
November 24, 2021 Filing 9 CERTIFICATE OF SERVICE pursuant to LR 5.2 by BI 40 LLC re #1 Complaint,,, #2 Emergency MOTION to Appoint Receiver and Request for Expedited Hearing . (Mawhinney, David)
November 24, 2021 Filing 8 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. (Burgos, Sandra)
November 24, 2021 Filing 7 ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris 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 Judith G. Dein. (Finn, Mary)
November 24, 2021 Filing 6 Civil Cover Sheet & Category Sheet re #1 Complaint,,, 4 Notice (Other), by BI 40 LLC. (Mawhinney, David)
November 24, 2021 Filing 5 NOTICE of Appearance by David A. Mawhinney on behalf of BI 40 LLC (Mawhinney, David)
November 24, 2021 Filing 4 ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Civil Cover Sheet and a Local Category Form. The forms can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents - Civil Cover Sheet & Category Sheet. (Burgos, Sandra)
November 24, 2021 Filing 3 CORPORATE DISCLOSURE STATEMENT by BI 40 LLC. (Mawhinney, David)
November 24, 2021 Filing 2 Emergency MOTION to Appoint Receiver and Request for Expedited Hearing by BI 40 LLC.(Mawhinney, David)
November 24, 2021 Filing 1 COMPLAINT and Request for Appointment of Receiver against All Defendants Filing fee: $ 402, receipt number AMADC-9070855 (Fee Status: Filing Fee paid), filed by BI 40 LLC. (Attachments: #1 Exhibit Master Lease, #2 Exhibit Original Note, #3 Exhibit Loan Agreement, #4 Exhibit Mortgage, #5 Exhibit Lease Assignment, #6 Exhibit Assignment of Agreements, #7 Exhibit Management Agreement, #8 Exhibit Attornment Agreement, #9 Exhibit Limited Guaranty, #10 Exhibit Pledge Agreement (RE Defendant), #11 Exhibit Subordination Agreement, #12 Exhibit Forbearance Agreement, #13 Exhibit Amended Note, #14 Exhibit Amendment to Lease Assignment, #15 Exhibit Security Agreement, #16 Exhibit Pledge Agreement (Opco Defendant), #17 Exhibit Deed in Lieu of Foreclosure, #18 Exhibit Financing Statements, #19 Exhibit EFA Management Agreement, #20 Exhibit Notice of Default, #21 Exhibit Resume of KCP Advisory Group LLC)(Mawhinney, David)

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Plaintiff: BI 40 LLC
Represented By: David A. Mawhinney
Represented By: Mark W. Powers
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Defendant: Tewksbury Living Group LLC
Represented By: Daniel C. Malone
Represented By: William S. McMahon
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Defendant: EC Tewksbury LLC
Represented By: Daniel C. Malone
Represented By: William S. McMahon
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Defendant: MH Tewksbury Operating, LLC
Represented By: Daniel C. Malone
Represented By: William S. McMahon
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Receiver: KCP Advisory Group, LLC
Represented By: John T. Morrier
Represented By: A. Davis Whitesell
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