KeyBank National Association v. Monolith Solar Associates LLC et al
| KeyBank National Association |
| Seward Pine Hill Road Solar 1 LLC, Craryville Two Town Road Solar 1 LLC, Mark Fobare, NYSDOT Solar 1 LLC, Cordell Road Solar 1 LLC, Salem County Route 153 Solar 1 LLC, Vista Management Group LLC, SAE Sun and Earth Energy Incorporated, Schenectady Hetcheltown Road Solar 1 LLC, MSAP 12 LLC, Schuylerville CSD Solar 1 LLC, City of Albany Solar 3 LLC, Smithville Tarbell Road Solar 1 LLC, Solar Management Group 2013, LLC, Marion Warner Road Solar 1 LLC, Solar Vista LLC, Rensselaer County Solar 1 LLC, Schenectady Ice Rink Solar 1 LLC, Seward Pine Hill Road Solar 2 LLC, Granville CSD Solar 1 LLC, City of Troy Solar 1 LLC, Sand Lake Eastern Union Turnpike Solar 1 LLC, Steven A. Erby, Amsterdam Reservoir Solar 1 LLC, Solar Energy Properties LLC, MSAP 14 LLC, Route 7 Solar Farm 1 LLC, Rensselaer County Solar 2 LLC, Johnsonville Route 7 Solar 1 LLC, Key Solar 1 LLC, Schenectady Hetcheltown Road Solar 2 LLC, Load Zone F LLC, Scotia Glenville CSD Solar 1 LLC, Albany CSD Solar 2 LLC, Craryville Two Town Road Solar 2 LLC, Community Solar 1 LLC, Load Zone A LLC, Mayfield CSD Solar 1 LLC, Load Zone G LLC, Russell Sage Solar 1 LLC, Albany CSD Solar 1 LLC, City of Albany Solar 2 LLC, Load Zone B and C LLC, Load Zone D & E LLC, MSAP 11 LLC, City of Albany Solar 1 LLC, MSAP 10 LLC, Monolith Solar Associates LLC, Solar Management Group, LLC, MSAP and Gary Hickok |
| Capital Communications Federal Credit Union |
| 1:2019cv01562 |
| December 18, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Therese Wiley Dancks |
| David N Hurd |
| Thomas J McAvoy |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Negotiable Instrument |
| None |
Docket Report
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| Document Text |
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| Filing 297 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #296 MOTION for Attorney Fees SEVENTH INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. Motion returnable before Judge Hu (Heller, Justin) |
| Filing 296 MOTION for Attorney Fees SEVENTH INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. Motion returnable before Judge Hurd Response to Motion due by 5/20/2021 (Heller, Justin) |
| Filing 295 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #293 MOTION for Attorney Fees THIRTEENTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. Motion returnable before Judge Hurd (Heller, Justin) |
| Filing 294 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #292 Letter Motion from Justin Heller for Daniel Scouler, Receiver requesting submitting Receiver's Status Report submitted to Judge Hurd (Heller, Justin) |
| Filing 293 MOTION for Attorney Fees THIRTEENTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. Motion returnable before Judge Hurd Response to Motion due by 5/17/2021 (Heller, Justin) |
| Filing 292 Letter Motion from Justin Heller for Daniel Scouler, Receiver requesting submitting Receiver's Status Report submitted to Judge Hurd . (Attachments: #1 Exhibit(s) THIRTEENTH INTERIM REPORT OF RECEIVER AND APPLICATION FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVERS COUNSEL (For Reporting Period 3/1/2021 3/31/2021))(Heller, Justin) |
| Filing 291 TEXT ORDER: Intervenor Plaintiff Capital Communications Federal Credit Unions Dkt. #286 Letter Motion moving to strike plaintiff KeyBank National Associations Dkt. #284 response is GRANTED. KeyBanks response came contrary to this Courts text order dated April 7, 2021, which specifically prohibited the parties from issuing a reply to Receiver Daniel Scoulers Dkt. #275 letter motion requesting approval for a sale of receivership property. Accordingly, KeyBanks response must be stricken, and the Clerk of the Court is directed to strike Dkt. #284 accordingly. However, the Court notes that it was pleased to see the parties resolving an issue in this case through dialogue, rather than motion practice. The parties would do well to approach future matters in kind. Pursuant to the Verbal Order of the Hon. David N. Hurd, USDJ, on 4/20/2021.(hmr) |
Filing 290
ORDER Authorizing Sale of Assets Free and Clear of Liens and Encumbrances: that the Motion is Granted; that the Receiver is authorized to take all actions he reasonably deems necessary to consummate the Sales, free and clear of all liens and encumbrances as set forth above, with the liens of CCFCU and KeyBank to attach to the proceeds of sale, in their respective orders of priority as set forth in the Motion; that by agreement between the Receiver, CCFCU and KeyBank: a) Receiver's counsel, Nolan Heller Kauffman LLP, shall hold Ten Thousand ($10,000.00) Dollars of the proceeds of sale allocable to CCFCU referred to in the Motion in escrow pending written agreement between the Receiver, CCFCU and KeyBank or an order of the Court ordering the release of such funds, without prejudice to the Receiver determining additional sums that it may have incurred directly attributable to such sale and obtaining payment thereon from CCFCU and/or such secured parties' collateral as may be appropriate; b) This Order is without prejudice to the rights of the Receiver or any other party to seek surcharge or recoupment from any creditor or other party for costs and expenses incurred by the Receiver in connection with this case based upon the operative facts and applicable law and that any remaining objections to the Motion or the relief requested therein that have not been withdrawn, waived, or settled are overruled in all respects and denied. Signed by Judge David N. Hurd on 04/20/2021. (hmr)
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| Filing 289 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting submitting proposed Order pursuant to Court's April 15, 2021 Text Order submitted to Judge Hurd . (Attachments: #1 Proposed Order/Judgment ORDER AUTHORIZING SALE OF ASSETS FREE AND CLEAR OF LIENS AND ENCUMBRANCES)(Heller, Justin) |
| Filing 288 TEXT ORDER: The parties are directed to submit a proposed order resolving Receiver Daniel Scouler's Dkt. #275 letter motion requesting the sale of certain Receivership Property no later than Monday, April 19, 2021. That proposed order must account for the additional language included in Intervenor Plaintiff Capital Communications Federal Credit Union's Dkt. #282 letter motion. Going forward, the parties are instructed to submit a proposed order with every motion that is not amenable to resolution by a routine text order unless the moving party reasonably believes that the motion will require a full Memorandum Decision and Order to resolve. Pursuant to the Verbal Order of the Hon. David N. Hurd, USDJ, on 4/15/2021. |
| Filing 287 CERTIFICATE OF SERVICE by Capital Communications Federal Credit Union re #286 Letter Motion from John D. Rodgers, Counsel to Capital Communications Federal Credit Union (" for Capital Communications Federal Credit Union requesting Key Counsel's Letter of 4/14/21 (Doc 284) to be Stricken in its Entirety subm (Rodgers, John) |
| Filing 286 Letter Motion from John D. Rodgers, Counsel to Capital Communications Federal Credit Union (" for Capital Communications Federal Credit Union requesting Key Counsel's Letter of 4/14/21 (Doc 284) to be Stricken in its Entirety submitted to Judge Hon. David N. Hurd . (Rodgers, John) |
| Filing 285 CERTIFICATE OF SERVICE by KeyBank National Association re #284 Response to Motion, (Hawkins, Jonathan) |
| Filing 284 "STRICKEN" - pursuant to the Dkt. No. 291 Text Order of the Hon. David N. Hurd, USDJ dated 4/20/2021 - RESPONSE to Motion re #282 Letter Motion from John D. Rodgers, Counsel to Capital Communications Federal Credit Union (" for Capital Communications Federal Credit Union submitted to Judge David N. Hurd filed by KeyBank National Association. (Hawkins, Jonathan) Modified on 4/20/2021 (hmr). |
| Filing 283 CERTIFICATE OF SERVICE by Capital Communications Federal Credit Union re #282 Letter Motion from John D. Rodgers, Counsel to Capital Communications Federal Credit Union (" for Capital Communications Federal Credit Union submitted to Judge David N. Hurd (Rodgers, John) |
| Filing 282 Letter Motion from John D. Rodgers, Counsel to Capital Communications Federal Credit Union (" for Capital Communications Federal Credit Union submitted to Judge David N. Hurd . (Rodgers, John) |
| Filing 281 RESPONSE in Support re #275 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting seeking an Order approving the sale of certain Receivership Property submitted to Judge Hurd filed by Steven A. Erby. (Erby, Steven) |
| Filing 280 CERTIFICATE OF SERVICE by KeyBank National Association re #279 Response to Motion, (Hawkins, Jonathan) |
| Filing 279 RESPONSE to Motion re #275 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting seeking an Order approving the sale of certain Receivership Property submitted to Judge Hurd (Limited Objection and Reservation of Rights) filed by KeyBank National Association. (Hawkins, Jonathan) |
| TEXT NOTICE SETTING RESPONSE DEADLINE : Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, parties may respond to #275 Letter Motion from Justin A. Heller, Esq. for Daniel Scouler, Receiver requesting seeking an Order approving the sale of certain Receivership Property. All responses shall be filed no later than 5:00pm on Friday April 9, 2021. No reply shall be allowed. (Response to Motion due by 4/9/2021) (ptm) |
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Filing 278
TEXT ORDER: Upon review of Dkt. #268 , Receiver Daniel Scouler's motion for the payment of attorneys' fees to general counsel Nolan Heller Kauffman LLP, the fee application is GRANTED for the same reasons articulated in the Court's Dkt. #100 Memorandum-Decision and Order. Similarly, Dkt. #270 , the sixth application to pay attorneys' fees to special labor counsel Goldberger and Kremer, is GRANTED for the same reasons. Finally, the receiver's Dkt. #262 status report and application for payment and reimbursement of expenses is GRANTED. The receiver may withdraw funds from the receivership properties to pay the amounts requested. So Ordered by Judge David N. Hurd on 4/2/2021. (hmr)
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| Filing 277 TEXT ORDER: The Dkt. #272 Joint Motion for Reconsideration filed by Attorneys Matthew Wagoner and Richard Gora is GRANTED. Upon reconsideration, Wagoner and Gora may withdraw as counsel for defendant Steven Erby. Pursuant to the Verbal Order of the Hon. David N. Hurd, USDJ on 4/1/2021. (hmr) |
| Filing 276 TEXT ORDER: Defendant Steven Erby's #248 motion to remove the receiver is DENIED for the reasons stated in Receiver Daniel Scouler's response in opposition, Dkt. #264 , and in plaintiff KeyBank National Association's response in opposition, Dkt. #266 . Pursuant to the Verbal Order of the Hon. David N. Hurd, USDJ on 4/1/2021. (hmr) |
| Filing 275 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting seeking an Order approving the sale of certain Receivership Property submitted to Judge Hurd . (Attachments: #1 Declaration DECLARATION OF DANIEL SCOULER, RECEIVER, IN SUPPORT OF MOTION TO APPROVE SALES OF PV SYSTEMS AND EQUIPMENT PLEDGED TO CCFCU AND KEY BANK, #2 Memorandum of Law MEMORANDUM OF LAW IN SUPPORT OF RECEIVERS MOTION FOR ORDER APPROVING SALE OF PV SYSTEMS AND EQUIPMENT PLEDGED TO CCFCU AND KEY BANK)(Heller, Justin) |
| Filing 274 STATUS REPORT by Steven A. Erby. (Attachments: #1 Exhibit(s))(Erby, Steven) |
| Filing 273 CERTIFICATE OF SERVICE by Steven A. Erby re #272 Joint MOTION for Reconsideration re 256 Order on Motion to Withdraw as Attorney,,,,,,, filed by Steven A. Erby. Motion returnable before Judge Hon. David N. Hurd (Wagoner, Matthew) |
| Filing 272 Joint MOTION for Reconsideration re 256 Order on Motion to Withdraw as Attorney,,,,,,, filed by Steven A. Erby. Motion returnable before Judge Hon. David N. Hurd Response to Motion due by 4/12/2021 (Attachments: #1 Declaration Declaration of Matthew Wagoner in Support) (Wagoner, Matthew) |
| Filing 271 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #270 MOTION for Attorney Fees SIXTH INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. Motion returnable before Judge Hurd (Heller, Justin) |
| Filing 270 MOTION for Attorney Fees SIXTH INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. Motion returnable before Judge Hurd Response to Motion due by 4/12/2021 (Heller, Justin) |
| Filing 269 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #268 MOTION for Attorney Fees TWELFTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. Motion returnable before Judge Hurd (Heller, Justin) |
| Filing 268 MOTION for Attorney Fees TWELFTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. Motion returnable before Judge Hurd Response to Motion due by 4/12/2021 (Heller, Justin) |
| Filing 267 CERTIFICATE OF SERVICE by KeyBank National Association re #266 Response in Opposition to Motion (Hawkins, Jonathan) |
| Filing 266 RESPONSE in Opposition re #248 MOTION to Remove Receiver filed by KeyBank National Association. (Hawkins, Jonathan) |
| Filing 265 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #264 Response in Opposition to Motion (Heller, Justin) |
| Filing 264 RESPONSE in Opposition re #248 MOTION to Remove Receiver DECLARATION OF JUSTIN A. HELLER, ESQ., IN OPPOSITION TO DEFENDANT STEVEN A. ERBYS MOTION TO REMOVE RECEIVER filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 263 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #262 Status Report (Heller, Justin) |
| Filing 262 STATUS REPORT TWELFTH INTERIM REPORT OF RECEIVER AND APPLICATION FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVERS COUNSEL by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 261 STATUS REPORT Requesting the Right To purchase Solar Farm's by Steven A. Erby. (Erby, Steven) |
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Filing 260
TEXT ORDER: Defendant Steven Erby's Dkt. 258 pro se motion for reconsideration is DENIED. Erby is counselled, and as he was warned by this Court's Dkt. 256 text order, his retention of counsel forfeits his ability to file motions pro se. In any case, his motion is meritless. First, it is unclear what decision he requests the Court to reconsider. Erby's Dkt. 248 motion to remove the receiver seems to be the best fit, but that motion has not yet been decided and thus cannot be reconsidered. Second, even if his motion were procedurally proper, it is without merit. The Court cannot compel KeyBank to accept a settlement, especially one for less than the $6.1 million their complaint demands. Erby's citation to 12 C.F.R. 1026.36 is similarly unavailing because that regulation governs mortgages, not secured loans like those at issue in this case. In the absence of a reasonable entitlement to relief, Erby's motion must be denied. So Ordered by Judge David N. Hurd on 3/16/2021. (see)
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| CLERK'S CORRECTION OF DOCKET ENTRY re #259 Memorandum of Law: Clerk added "in support of the #258 Motion for Reconsideration" to this docket entry. (hmr) |
| Filing 259 MEMORANDUM OF LAW in support of the #258 Motion for Reconsideration filed by Steven A. Erby. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Erby, Steven) Modified on 3/16/2021 (hmr). |
| Filing 258 First MOTION Reconsideration filed by Steven A. Erby. Response to Motion due by 4/2/2021 (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Exhibit(s), #5 Exhibit(s), #6 Affidavit, #7 Civil Cover Sheet) Motions referred to Andrew T. Baxter. (Erby, Steven) |
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Filing 257
ORDER Authorizing Sale of Assets Free and Clear of Liens and Encumbrances: that the Motion is granted; that any remaining objections to the Motion or the relief it requests that have not been withdrawn, waived, or settled are overruled in all respects and denied; and that the Receiver is authorized to execute the Letter of Intent submitted with the Motion, and to take all actions he reasonably deems necessary to consummate the Sale, free and clear of all liens and encumbrances as set forth above.Signed by Judge David N. Hurd on 03/11/2021. (hmr)
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| Filing 256 TEXT ORDER: The motions to withdraw filed by defendant Steven Erbys counsel, Dkts. #243 ; #244 , are DENIED. Though the Court is not unsympathetic to the difficulties this case poses, permitting defendant Erbys counsel to withdraw would profoundly disrupt an already constantly disruptive case. See Whiting v. Lacara, 187 F.3d 317, 320 (2d Cir. 1999) (noting that district courts typically consider disruptive affect of allowing counsel to withdraw). Defendant Erby is also cautioned that district courts need not consider pro se submissions by parties that are represented by counsel. See United States v. Rivernider, 828 F.3d 91, 108 (2d Cir. 2016) (noting that no right exists to hybrid representation in which party has counsel but occasionally acts pro se). Accordingly, any pro se submissions by defendant Erby while he remains counseled will be met with skepticism. Pursuant to the Verbal Order of the Hon. David N. Hurd, USDJ on 3/11/2021. (hmr) |
| Filing 255 CERTIFICATE OF SERVICE by KeyBank National Association re #254 Response in Support of Motion, (Hawkins, Jonathan) |
| Filing 254 RESPONSE in Support re #240 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting an Order approving the sale of certain Receivership Property submitted to Judge Hurd filed by KeyBank National Association. (Hawkins, Jonathan) |
| Filing 253 REPLY to Response to Motion re #240 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting an Order approving the sale of certain Receivership Property submitted to Judge Hurd filed by Daniel Scouler, Receiver. (Heller, Justin) |
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Filing 252
TEXT ORDER GRANTING LETTER MOTION: Pursuant to the verbal order of the Hon. David N. Hurd, USDJ #251 Letter Motion from Jonathan S. Hawkins for KeyBank National Association requesting Removal of Barry M. Kazan from Notices is Granted. So Ordered by Judge David N. Hurd on 3/5/2021. (ptm)
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| Filing 251 Letter Motion from Jonathan S. Hawkins for KeyBank National Association requesting Removal of Barry M. Kazan from Notices submitted to Judge David N. Hurd . (Hawkins, Jonathan) |
| Filing 250 RESPONSE in Opposition re #240 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting an Order approving the sale of certain Receivership Property submitted to Judge Hurd filed by Key Solar 1 LLC. (Erby, Steven) |
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Filing 249
MEMORANDUM-DECISION and ORDER: that contemnor Gary Hickok's #212 motion to vacate his contempt citation is Granted; that this Court's July 22, 2020 order is vacated to the extent that it cites Gary Hickok for contempt, that all outstanding fines assessed in the July 22, 2020 order are rescinded and that the Receiver Daniel Scouler's #198 motion for a judgment against contemnor Gary Hickok is Denied as moot. Signed by Judge David N. Hurd on 03/03/2021. (hmr)
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| Filing 248 MOTION to Remove Receiver filed by Steven A. Erby. Response to Motion due by 3/19/2021.(hmr) |
| Filing 247 TEXT ORDER: Should this case not reach its conclusion before the Court's April 30, 2021 deadline for settlement, receiver Daniel Scouler is directed to submit a status report no later than May 1, 2021 detailing his position on how he expects this case to proceed to resolution. That status report should include an estimated timeline for the receivership to be wrapped up. Pursuant to the Verbal Order of the Hon. David N. Hurd, USDJ, on 2/25/2021. (ptm) |
| Filing 246 CERTIFICATE OF SERVICE by Steven A. Erby re #244 First MOTION to Withdraw as Attorney by Richard Gora, Esq. (Wagoner, Matthew) |
| Filing 245 CERTIFICATE OF SERVICE by Steven A. Erby re #243 First MOTION to Withdraw as Attorney by Matthew D. Wagoner, Esq. (Wagoner, Matthew) |
| Filing 244 First MOTION to Withdraw as Attorney by Richard Gora, Esq. Response to Motion due by 3/17/2021 filed by Steven A. Erby. Motions referred to Andrew T. Baxter. (Gora, Richard) |
| Filing 243 First MOTION to Withdraw as Attorney by Matthew D. Wagoner, Esq. Response to Motion due by 3/17/2021 filed by Steven A. Erby. Motions referred to Andrew T. Baxter. (Wagoner, Matthew) |
| Filing 242 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re 241 Order on Letter Request,, #240 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting an Order approving the sale of certain Receivership Property submitted to Judge Hurd (Heller, Justin) |
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Filing 241
TEXT ORDER: Receiver Daniel Scouler's request for an expedited briefing schedule for his Dkt. 240 motion to sell Receivership property is GRANTED. Any response to the receiver's motion shall be filed no later than Wednesday, March 3, 2021. Any reply shall be filed no later than Wednesday, March 10, 2021. The receiver is directed to serve this text order on all parties who are entitled to notice but who have not appeared in this action no later than Wednesday, February 24, 2021. So Ordered by Judge David N. Hurd on 2/19/2021. (see)
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| Filing 240 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting an Order approving the sale of certain Receivership Property submitted to Judge Hurd . (Attachments: #1 Declaration DECLARATION OF DANIEL SCOULER, RECEIVER, IN SUPPORT OF MOTION TO APPROVE SALE OF KEYBANK PORTFOLIO, #2 Memorandum of Law MEMORANDUM OF LAW IN SUPPORT OF RECEIVERS MOTION FOR ORDER APPROVING SALE OF KEY PORTFOLIO, #3 Proposed Order/Judgment PROPOSED ORDER AUTHORIZING SALE OF ASSETS FREE AND CLEAR OF LIENS AND ENCUMBRANCES)(Heller, Justin) |
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Filing 239
TEXT ORDER: Upon review of Dkt. 231, Receiver Daniel Scouler's motion for the payment of attorneys' fees to general counsel Nolan Heller Kauffman LLP, the fee application is GRANTED for the same reasons articulated in the Court's Dkt. 100 Memorandum-Decision and Order. Similarly, Dkt. 233, the fifth application to pay attorneys' fees to special labor counsel Goldberger and Kremer, is granted for the same reasons. Finally, the receiver's Dkt. 229 status report and application for payment and reimbursement of expenses is GRANTED. The receiver may withdraw funds from the receivership properties to pay the amounts requested. So Ordered by Judge David N. Hurd on 2/16/2021. (see)
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Filing 238
MEMORANDUM-DECISION and ORDER: that Defendant Steven Erby's motion for a stay is Denied; that the parties are directed to discuss and work toward the settlement or resolution of this case in its entirety by April 30, 2021; that should the parties fail to resolve this case, they are directed to enter full discovery; that discovery will close on July 30, 2021, with no extensions to be granted; that any motions at the close of discovery are due no later than October 30, 2021, and that if necessary, upon the close of motion practice, this case will proceed to trial. Signed by Judge David N. Hurd on 01/28/2021. (hmr)
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| Filing 237 STATUS REPORT per Verbal Order 01/27/2021 by Gary Hickok. (Altman, Frederick) |
| Filing 236 TEXT ORDER: Gary Hickok is ordered to issue a status report concerning his intention and ability to pay the $15,711 in compensatory damages ordered by the Courts Dkt. #143 Memorandum-Decision and Order no later than Wednesday, February 17, 2021. Pursuant to the Verbal Order of the Honorable David N. Hurd on 1/27/2021.(hmr) |
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Filing 235
TEXT ORDER CANCELLING STATUS CONFERENCE BY TEAMS VIDEO: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, the VIDEO STATUS CONFERENCE for Tuesday JANUARY 26, 2021 at 2:00pm IS HEREBY CANCELLED. A further written order of the Court shall follow So Ordered by Judge David N. Hurd on 1/26/2021. (ptm)
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| Filing 234 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #233 MOTION for Attorney Fees FIFTH INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 233 MOTION for Attorney Fees FIFTH INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES Response to Motion due by 2/9/2021 filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 232 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #231 MOTION for Attorney Fees ELEVENTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 231 MOTION for Attorney Fees ELEVENTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES Response to Motion due by 2/9/2021 filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 230 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #229 Status Report, (Heller, Justin) |
| Filing 229 STATUS REPORT ELEVENTH INTERIM REPORT OF RECEIVER AND APPLICATION FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVERS COUNSEL (For Reporting Period 11/1/2020 12/31/2020) by Daniel Scouler, Receiver. (Heller, Justin) |
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Filing 228
TEXT ORDER RE-SCHEDULING A STATUS CONFERENCE BY TEAMS VIDEO: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, GRANTING #227 Letter Motion requesting adjournment of the video conference, A VIDEO STATUS CONFERENCE shall now be held Tuesday JANUARY 26, 2021 at 2:00pm BY A MICROSOFT TEAMS VIDEO LINK. Parties are directed to submit any settlement position papers no later than 12:00pm on Tuesday January 19, 2021 by email to the Court Clerk at pmcbrear@nynd.uscourts.gov. (VIDEO Status Conference set for 1/26/2021 02:00 PM with USDC / Utica before Judge David N. Hurd.) So Ordered by Judge David N. Hurd on 1/2/2021. (ptm)
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| Filing 227 Letter Motion from Matthew Wagoner for Steven A. Erby requesting Adjournment of Status Conference submitted to Judge Hon. David N. Hurd . (Wagoner, Matthew) |
| Filing 226 Letter Motion from Stephan E. Hornung for M&T Bank requesting appearance at the January 12, 2021 video status conference submitted to Judge David N. Hurd . (Hornung, Stephan) |
| Filing 225 Letter Motion from Matthew Wagoner for Steven A. Erby requesting advising that Richard Gora will be appearing on behalf of Steven Erby submitted to Judge David N. Hurd . (Wagoner, Matthew) |
| Filing 224 NOTICE of Appearance by Richard S. Gora on behalf of Steven A. Erby (Gora, Richard) |
| Filing 223 LETTER BRIEF Concerning Status Conference Request by KeyBank National Association. (Hawkins, Jonathan) |
| Filing 222 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #221 Memorandum of Law (Heller, Justin) |
| Filing 221 MEMORANDUM OF LAW re #212 Motion for Miscellaneous/Other Relief,, MEMORANDUM OF LAW IN OPPOSITION TO NON-PARTY GARY HICKOKS RENEWED MOTION TO VACATE CONTEMPT ORDER filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 220 Letter Motion from Lee E. Woodard, Esq. for Green Mountain Electrical Supply, Inc. requesting advising that I will be appearing on behalf of Green Mountain Electrical Supply, Inc. at the January 12, 2021 video status conference submitted to Judge David N. Hurd . (Woodard, Lee) |
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Filing 219
TEXT ORDER ON JANUARY 12, 2021 STATUS CONFERENCE BY TEAMS VIDEO: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, GRANTING #216 AND #217 Letter Requests to participate in the conference to be held Tuesday JANUARY 12, 2021 at 2:00pm BY A MICROSOFT TEAMS VIDEO LINK. An updated invitation to appear on this link shall be issued as to jrodgers@lippes.com and dscouler@scoulerkk.com. (VIDEO Status Conference set for 1/12/2021 02:00 PM with USDC / Utica before Judge David N. Hurd.) So Ordered by Judge David N. Hurd on 1/5/2021. (ptm)
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| Filing 218 NOTICE of Appearance by Jonathan S Hawkins on behalf of KeyBank National Association (Hawkins, Jonathan) |
| Filing 217 Letter Motion from John D. Rodgers, Counsel to Capital Communications Federal Credit Union (" for Capital Communications Federal Credit Union submitted to Judge Hon. David N. Hurd . (Rodgers, John) |
| Filing 216 Letter Motion from Justin Heller for Daniel Scouler, Receiver requesting Regarding Status Conference submitted to Judge Hurd . (Heller, Justin) |
| Filing 215 NOTICE by Hancock Whitney Equipment Finance and Leasing, LLC re 214 Order on Letter Request,, Designating Counsel for January 12, 2021 Conference. (Ferrante, Eric) |
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Filing 214
TEXT ORDER SCHEDULING A STATUS CONFERENCE BY TEAMS VIDEO: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, GRANTING #210 Letter Motion from Matthew Wagoner, Esq., for Steven A. Erby requesting a conference, A VIDEO STATUS CONFERENCE shall be held Tuesday JANUARY 12, 2021 at 2:00pm BY A MICROSOFT TEAMS VIDEO LINK. Please designate one attorney per party to appear on this link. (VIDEO Status Conference set for 1/12/2021 02:00 PM with USDC / Utica before Judge David N. Hurd.) So Ordered by Judge David N. Hurd on 12/22/2020. (ptm)
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| Filing 213 LETTER BRIEF in Opposition to Request for Stay (Doc. 210) by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 212 Second MOTION for an Order purging the Defendant Hickok of its contempt and vacating the contempt citation and sanction against said Defendant re #170 First MOTION relief from a prior order to vacate and purge contempt and penalties and in opposition for request for attorneys fees, and to amend pleadings to name proper party , 207 Order,, Set Deadlines, Motion Hearing set for 12/22/2020 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 12/7/2020 filed by Gary Hickok. (Attachments: #1 Transmittal letter, #2 Affidavit Affidavit of Service, #3 Affidavit, #4 Affidavit, #5 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Altman, Frederick) |
| Filing 211 Objection to Stay Request Contained in 12/16/20 Letter to the Court from The Wagoner Firm Letter Motion from John D. Rodgers, Counsel to CCFCU for Capital Communications Federal Credit Union submitted to Judge Hon. David N. Hurd . (Rodgers, John) |
| Filing 210 Letter Motion from Matthew Wagoner for Steven A. Erby requesting Conference submitted to Judge David N. Hurd . (Wagoner, Matthew) |
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Filing 209
TEXT ORDER: Upon review of Dkt. 200, Receiver Daniel Scouler's motions for the payment of attorneys' fees to general counsel Nolan Heller Kauffman LLP, the fee application is GRANTED for the same reasons articulated in the Court's Dkt. 100 Memorandum-Decision and Order. Similarly, Dkt. 204, the fourth application to pay attorneys' fees to special labor counsel Goldberger and Kremer, is granted for the same reasons. Finally, the receiver's Dkt. 196 status report and application for payment and reimbursement is GRANTED. The receiver may withdraw funds from the receivership properties to pay the amounts requested. So Ordered by Judge David N. Hurd on 12/9/2020. (see)
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Filing 208
ORDER Granting Motion by Receiver for Approval of the Sale of Receivership Property: that the Dkt. No. #193 Motion is granted, and the Receiver is authorized to sell the Subject Property to the Buyer or its designee for the purchase price of $50,000, upon the terms and conditions set forth in the Asset Purchase Agreement and as further set forth in the Motion. Signed by Judge David N. Hurd on 12/1/2020. (hmr)
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| Filing 207 TEXT ORDER: In light of Gary Hickok's Dkt. #206 response to Receiver Daniel Scouler's Dkt. #198 Letter Motion, Gary Hickok is hereby directed to renew his motion to lift the contempt order imposed on him no later than Tuesday, December 22, 2020. That motion shall include a proposed order. The receiver may oppose Hickoks motion no later than Friday, January 8, 2021. Pursuant to the Verbal Order of the Hon. David N. Hurd, USDJ, on 12/1/2020. (see) |
| Filing 206 RESPONSE TO LETTER BRIEF filed by Gary Hickok as to #198 Letter Request/Motion filed by Daniel Scouler, Receiver . (Altman, Frederick) |
| Filing 205 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #204 MOTION for Attorney Fees FOURTH INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 204 MOTION for Attorney Fees FOURTH INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 203 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #202 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting submitting proposed Order per directive submitted to Judge Hurd (Heller, Justin) |
| Filing 202 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting submitting proposed Order per directive submitted to Judge Hurd . (Attachments: #1 Proposed Order/Judgment Proposed Order Approving Sale of Main Street Property)(Heller, Justin) |
| Filing 201 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #200 MOTION for Attorney Fees TENTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 200 MOTION for Attorney Fees TENTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 199 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #198 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting Judgment on Contempt Order submitted to Judge Hurd (Heller, Justin) |
| Filing 198 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting Judgment on Contempt Order submitted to Judge Hurd . (Heller, Justin) |
| Filing 197 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #196 Status Report (Heller, Justin) |
| Filing 196 STATUS REPORT TENTH INTERIM REPORT OF RECEIVER AND APPLICATION FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVERS COUNSEL by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 195 TEXT ORDER: The Court is in receipt of Receiver Daniel Scouler's letter motion requesting the approval of a sale of Receivership Property exceeding $50,000. Because no party has raised an objection to the letter motion, the receiver is directed to submit to the Court a proposed order approving the sale of the property no later than Monday, November 23, 2020. Pursuant to the Verbal Order of Judge David N. Hurd on 11/17/2020. (see) |
| Filing 194 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #193 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting Approval of Sale submitted to Judge Hurd (Heller, Justin) |
| Filing 193 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting Approval of Sale submitted to Judge Hurd . (Attachments: #1 Affirmation Motion by Receiver Seeking Approval of the Sale of Receivership Property)(Heller, Justin) |
| Filing 192 CERTIFICATE OF SERVICE by Capital Communications Federal Credit Union upon Secretary of State serving G.S. Wetmore Realty, Inc the Second Order Modifying Receivership Order (Rodgers, John) |
| Filing 191 CERTIFICATE OF SERVICE by Capital Communications Federal Credit Union of Second Order Modifying Receivership Order Upon G.S. Wetmore Realty, Inc. (Rodgers, John) |
| Filing 190 TEXT ORDER: Upon review of Dkt. #187 , Receiver Daniel Scouler's motions for the payment of attorneys' fees to general counsel Nolan Heller Kauffman LLP, the fee application is GRANTED for the same reasons articulated in the Court's Dkt. #100 Memorandum-Decision and Order. Similarly, the receiver's Dkt. #185 status report and application for payment and reimbursement is GRANTED. The receiver may withdraw funds from the receivership properties to pay the amounts requested. Pursuant to the Verbal Order of the Hon. David N. Hurd, USDJ on 10/27/2020.(hmr) |
| Filing 189 NOTICE of Change of Address by Stephan Hornung Old Address: Eleven Times Square, New York, New York 10036 New Address: 50 Main Street, White Plains, New York 10606 (Hornung, Stephan) |
| Filing 188 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #187 MOTION for Attorney Fees NINTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 187 MOTION for Attorney Fees NINTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 186 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #185 Status Report (Heller, Justin) |
| Filing 185 STATUS REPORT NINTH INTERIM REPORT OF RECEIVER AND APPLICATION FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVERS COUNSEL by Daniel Scouler, Receiver. (Heller, Justin) |
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Filing 184
STIPULATION AND ORDER Granting Limited Relief from Stay. Signed by Judge David N. Hurd on 10/07/2020. (hmr)
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Filing 183
TEXT ORDER: Upon review of Dkt. 177, Receiver Daniel Scouler's motions for the payment of attorneys' fees to general counsel Nolan Heller Kauffman LLP, the fee application is GRANTED for the same reasons articulated in the Courts Dkt. 100 Memorandum-Decision and Order. The Court is also satisfied with Dkts. 179 and 180, the amended second and third application respectively to pay the attorneys fees owed to special labor counsel Goldberger and Kremer, and those motions are also granted for the same reasons. Similarly, the receiver's Dkt. 175 status report and application for payment and reimbursement is GRANTED. The receiver may withdraw funds from the receivership properties to pay the amounts requested. So Ordered by Judge David N. Hurd on 10/7/2020. (see)
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| Filing 182 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting proposed Stipulation and Order be "So Ordered" submitted to Judge Hurd . (Attachments: #1 Proposed Order/Judgment Proposed Stipulation and Order Granting Relief from Stay)(Heller, Justin) |
| Filing 181 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #179 MOTION for Attorney Fees AMENDED SECOND INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES, #180 MOTION for Attorney Fees THIRD INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 180 MOTION for Attorney Fees THIRD INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 179 MOTION for Attorney Fees AMENDED SECOND INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 178 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #177 MOTION for Attorney Fees EIGHTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 177 MOTION for Attorney Fees EIGHTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 176 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #175 Status Report (Heller, Justin) |
| Filing 175 STATUS REPORT EIGHTH INTERIM REPORT OF RECEIVER AND APPLICATION FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVERS COUNSEL by Daniel Scouler, Receiver. (Heller, Justin) |
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Filing 174
MEMORANDUM-DECISION AND ORDER: that Gary Hickok's Dkt. No. #170 motion to vacate the contempt order is Denied without prejudice; that receiver Daniel Scouler's Dkt. No.: #155 request that Gary Hickok pay the receivership's attorneys' fees accumulated in prosecuting the contempt order against him is Granted; that Gary Hickok is ordered to pay receiver Daniel Scouler $5,320.98 for the attorney's fees and costs accumulated in prosecuting the civil contempt action against him on or before September 30, 2020; that receiver Daniel Scouler's Dkt. No. #148 seventh interim application for payment of attorney's fees and costs is Granted; that receiver Daniel Scouler may pay Nolan Heller Kauffman LLP $17,528.98 out of the receivership funds; that receiver Daniel Scouler's Dkt. No. #151 second application to pay attorney's fees to Goldberger and Kremer is Denied without prejudice and that receiver Daniel Scouler may re-apply to pay Goldberger and Kremer's attorney's fees no later than Wednesday, September 30, 2020. Signed by Judge David N. Hurd on 09/16/2020. (hmr)
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| Filing 173 AFFIDAVIT in Opposition re #170 First MOTION relief from a prior order to vacate and purge contempt and penalties and in opposition for request for attorneys fees, and to amend pleadings to name proper party DECLARATION OF JUSTIN A. HELLER, ESQ. IN OPPOSITION TO NON-PARTY GARY HICKOKS MOTION TO VACATE CONTEMPT ORDER filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 172 MEMORANDUM OF LAW re #170 Motion for Miscellaneous/Other Relief,, MEMORANDUM OF LAW IN OPPOSITION TO NON-PARTY GARY HICKOKS MOTION TO VACATE CONTEMPT ORDER filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 171 STATUS REPORT providing Court with an update on the status of Mr. Hickok's compliance with the Court's July 22, 2020 Memorandum-Decision and Order by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 170 First MOTION relief from a prior order to vacate and purge contempt and penalties and in opposition for request for attorneys fees, and to amend pleadings to name proper party Motion Hearing set for 9/25/2020 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 9/8/2020 filed by Gary Hickok. (Attachments: #1 Affidavit Affidavit of Gary Hickok, #2 Affidavit Affidavit of Frederick M. Altman, Esq., #3 Memorandum of Law, #4 Transmittal) (Altman, Frederick) Modified on 8/26/2020 to remove referral to Judge Baxter. (nmk) |
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Filing 169
MODIFICATION TO STIPULATION AND ORDER WITH PIONEER BANK REGARDING PROPERTY SALE AND FORECLOSURE. Signed by Judge David N. Hurd on 08/20/2020. (hmr)
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| Filing 168 LETTER BRIEF Contact for Gary's Garage by Gary Hickok. (Altman, Frederick) |
| Filing 167 TEXT ORDER: Gary Hickok's Dkt. 166 Letter Motion requesting an extension of time to oppose receiver Daniel Scouler's Dkt. 155 fee request is GRANTED. Hickok may respond to the receiver's fee application no later than Friday, August 21, 2020. The Court notes, however, that as the receiver's Dkt. 165 letter motion argues, Gary Hickok's reactivating power to the P/V system at his property is insufficient to lift the coercive fine. The receiver must be permitted to access the P/V system to prevent the fine from attaching to Gary Hickok. Pursuant to the Verbal Order of the Hon. David N. Hurd, USDJ, on 8/18/2020.(ptm) |
| Filing 166 Letter Motion from Frederick M. Altman, Esq. for Gary Hickok requesting Extension to respond to Receiver's Fee application submitted to Judge David N. Hurd . (Attachments: #1 Exhibit(s))(Altman, Frederick) |
| Filing 165 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting providing clarification with regard to Gary Hickok submitted to Judge Hurd . (Heller, Justin) |
| Filing 164 NOTICE of Appearance by Frederick M. Altman on behalf of Gary Hickok (Altman, Frederick) |
| Filing 163 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #162 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting attached Modification to Sipulation and Order be "So Ordered" submitted to Judge Hurd (Heller, Justin) |
| Filing 162 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting attached Modification to Sipulation and Order be "So Ordered" submitted to Judge Hurd . (Attachments: #1 Exhibit(s) Proposed Modification to Stipulation and Order with Pioneer Bank regarding Property Sale and Foreclosure)(Heller, Justin) |
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Filing 161
TEXT ORDER: Because of their "extremely broad discretion" in supervising equity receiverships, District Courts may use summary proceedings to avoid formalities that would slow the resolution of disputes. FDIC v. Bernstein, 786 F. Supp. 170, 177 (E.D.N.Y. 1992). An equity receiver has his choice of whether or not to adopt executory contracts that are "not clearly advantageous" to the receivership. See Samuels v. E.F. Drew & Co., 292 F. 734, 737 (2d Cir. 1923); see Resolution Tr. Corp. v. CedarMinn Bldg. Ltd. P'ship, 956 F.2d 1446, 1453 (8th Cir. 1992) ("It has been recognized for at least a century that receivers may repudiate contracts and leases."). Collective bargaining agreements are executory contracts. NLRB v. Bildisco and Bildisco, 465 U.S. 513, 522 (1984). In light of the foregoing, Receiver Daniel Scouler was entitled to decline to adopt the collective bargaining agreement with the International Brotherhood of Electrical Workers because doing so would disadvantage his efforts to efficiently wind down the receivership properties. Because Scouler did actively decline to adopt that agreement, he is not bound by it as a matter of law. So Ordered by Judge David N. Hurd on 8/5/2020. (see)
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| Filing 160 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #155 MOTION for Attorney Fees Application for Attorneys Fees and Expenses incurred in connection with the Receivers motion for contempt against Gary Hickok, #159 Certificate of Service, Corrected Supplemental (Heller, Justin) |
| Filing 159 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #155 MOTION for Attorney Fees Application for Attorneys Fees and Expenses incurred in connection with the Receivers motion for contempt against Gary Hickok SUPPLEMENTAL (Heller, Justin) |
| Filing 158 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #157 Letter Motion from Justin A. Heller, counsel for Receiver for Daniel Scouler, Receiver requesting Letter Motion for Expedited Hearing Schedule and Declaration of the Receivers Non-Assumption of Collective Bargaining Agreement submitted to J (Heller, Justin) |
| Filing 157 Letter Motion from Justin A. Heller, counsel for Receiver for Daniel Scouler, Receiver requesting Letter Motion for Expedited Hearing Schedule and Declaration of the Receivers Non-Assumption of Collective Bargaining Agreement submitted to Judge David N. Hurd . (Attachments: #1 Declaration DECLARATION OF DAN SCOULER, RECEIVER, IN SUPPORT OF MOTION FOR DECLARATION THAT THE RECEIVER IS NOT BOUND BY THE IBEW COLLECTIVE BARGAINING AGREEMENT, #2 Memorandum of Law MEMORANDUM OF LAW IN SUPPORT OF RECEIVERS MOTION FOR DECLARATION OF NON-ASSUMPTION OF COLLECTIVE BARGAINING AGREEMENT)(Heller, Justin) |
| Filing 156 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #155 MOTION for Attorney Fees Application for Attorneys Fees and Expenses incurred in connection with the Receivers motion for contempt against Gary Hickok (Heller, Justin) |
| Filing 155 MOTION for Attorney Fees Application for Attorneys Fees and Expenses incurred in connection with the Receivers motion for contempt against Gary Hickok filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 154 AFFIDAVIT of Service for Letter and Contempt Order served on GARY HICKOK on 7/30/2020, filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 153 AFFIDAVIT of Service for Letter and Contempt Order served on GARY HICKOK - GARY'S GARAGE on 7/31/2020, filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 152 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #151 MOTION for Attorney Fees SECOND INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 151 MOTION for Attorney Fees SECOND INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 150 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #148 MOTION for Attorney Fees SEVENTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 149 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #146 Status Report Corrented (Heller, Justin) |
| Filing 148 MOTION for Attorney Fees SEVENTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 147 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #146 Status Report (Heller, Justin) |
| Filing 146 STATUS REPORT SEVENTH INTERIM REPORT OF RECEIVER AND APPLICATION FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVERS COUNSEL by Daniel Scouler, Receiver. (Heller, Justin) |
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Filing 145
MEMORANDUM-DECISION and ORDER: that Hussy 140 LLC's Dkt. No. #123 motion for a partial lift in the stay of proceedings is Denied. Signed by Judge David N. Hurd on 07/28/2020. (hmr)
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| Filing 144 AFFIDAVIT of Service for Notice of Order Holding Gary Hickok in Contenpt with attached Order executed by the Hon. David N. Hurd, filed 7/22/2020 served on Gary Hickok and Gary's Garage on 7/23/2020, filed by Daniel Scouler, Receiver. (Heller, Justin) |
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Filing 143
MEMORANDUM-DECISION and ORDER: that non-party Gary Hickok is held in civil contempt of this Court's Second Order Modifying Receivership; that Gary Hickok is ordered to pay Daniel Scouler a compensatory fine of $15,711 for profits lost by Gary Hickok's denying Daniel Scouler access to the PV system located at Gary's Garage, 8A Apollo Drive, Albany, New York 12205; that should Scouler not be permitted to access the PV system at Gary's Garage before August 21, 2020, the Court will assess a daily fine against Gary Hickok in the amount of $1,000 beginning that day and continuing until Scouler gains access; that upon Daniel Scouler's regaining access to the PV system at Gary's Garage, should Gary Hickok have damaged that system through his contempt of the Court's receivership order, Scouler may apply for an additional fine to recover for that damage; that Daniel Scouler may apply for an award of attorneys' fees no later than Wednesday, August 5, 2020; which Gary Hickok may oppose no later than Wednesday, August 19, 2020; and that Scouler is directed to personally serve this Memorandum-Decision and Order on Gary Hickok no later than Friday, July 31, 2020. Signed by Judge David N. Hurd on 07/22/2020. (hmr)
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Filing 142
TEXT ORDER: Upon review of Dkt. 132, Receiver Daniel Scouler's attorneys' motion for the payment of attorneys' fees, the fee application is GRANTED for the same reasons articulated in the Courts Dkt. 100 Memorandum-Decision and Order. Similarly, the receiver's Dkt. 130 status report and application for payment and reimbursement is GRANTED. The receiver may withdraw funds from the receivership properties to pay the amounts requested. So Ordered by Judge David N. Hurd on 7/8/2020. (see)
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| Filing 141 CERTIFICATE OF SERVICE by Hancock Whitney Equipment Finance and Leasing, LLC re #140 Memorandum of Law, re #123 Motion for Miscellaneous/Other Relief, #135 Response in Opposition to Motion filed by Hancock Whitney Equipment Finance and Leasing, LLC. (Attachments: # (1) Declaration of Chris Bucher in Opposition to Hussy 140 LLC's Letter Motion for Relief from Stay, # (2) Exhibit(s) to Chris Bucher Declaration in Opposition) (Ferrante, Eric) |
| Filing 140 MEMORANDUM OF LAW re #123 Motion for Miscellaneous/Other Relief, #135 Response in Opposition to Motion filed by Hancock Whitney Equipment Finance and Leasing, LLC. (Attachments: #1 Declaration of Chris Bucher in Opposition to Hussy 140 LLC's Letter Motion for Relief from Stay, #2 Exhibit(s) to Chris Bucher Declaration in Opposition)(Ferrante, Eric) |
| Filing 139 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #138 Affidavit in Opposition to Motion, (Heller, Justin) |
| Filing 138 AFFIDAVIT in Opposition re #123 MOTION Lift a Stay DECLARATION OF DANIEL SCOULER, RECEIVER, IN OPPOSITION TO MOTION FOR PARTIAL RELIEF FROM STAY filed by Daniel Scouler, Receiver. (Attachments: #1 Affidavit DECLARATION OF JUSTIN A. HELLER, ESQ. IN OPPOSITION TO MOTION FOR PARTIAL RELIEF FROM STAY, #2 Memorandum of Law RECEIVERS MEMORANDUM OF LAW IN OPPOSITION TO HUSSY 140, LLCs MOTION TO LIFT STAY)(Heller, Justin) |
| Filing 137 AFFIDAVIT of Service for Order to Show Cause AFFIDAVIT OF SERVICE OF ORDER TO SHOW CAUSE, SCOULER DECLARATION WITH EXHIBITS, HELLER DECLARATION WITH EXHIBITS AND MEMORANDUM OF LAW UPON GARY HICKOK served on Gary Hickok on June 23, 2020, filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 136 CERTIFICATE OF SERVICE by KeyBank National Association re #135 Response in Opposition to Motion (Hawkins, Jonathan) |
| Filing 135 RESPONSE in Opposition re #123 MOTION Lift a Stay Response of Plaintiff KeyBank National Association to Letter Motion of Hussy 140 LLC'S For Relief From Stay filed by KeyBank National Association. (Hawkins, Jonathan) |
| Filing 134 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #132 MOTION for Attorney Fees SIXTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 133 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #131 Certificate of Service, #130 Status Report Corrected (Heller, Justin) |
| Filing 132 MOTION for Attorney Fees SIXTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 131 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #130 Status Report (Heller, Justin) |
| Filing 130 STATUS REPORT SIXTH INTERIM REPORT OF RECEIVER AND APPLICATION FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVERS COUNSEL by Daniel Scouler, Receiver. (Heller, Justin) |
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Filing 129
MEMORANDUM-DECISION and ORDER: that the Receiver shall personally serve this Memorandum-Decision and Order on Gary Hickok no later than Friday, June 26, 2020; that Gary Hickok is ordered to show cause why he should not be held in contempt of the Court's Order Appointing Receiver no later than Wednesday, July 8, 2020; and that the Receiver and any other interested party may respond to Hickok's show of cause no later than Wednesday, July 15, 2020. Signed by Judge David N. Hurd on 06/17/2020. (hmr)
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| Filing 128 CERTIFICATE OF SERVICE by Monolith Solar Associates LLC re #125 Letter Motion from Eric M. Ferrante, Esq. for Hancock Whitney Equipment Finance and Leasing, LLC requesting Letter Motion and Request for Leave to be Heard submitted to Judge David N. Hurd (Ferrante, Eric) |
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Filing 127
TEXT ORDER: In light of Hancock Whitney Equipment Finance and Leasing, LLCs Dkt. 125 letter motion requesting to be heard concerning Hussy 140 LLCs motion to lift the receivership stay, any party may object to that letter motion no later than Tuesday, June 23, 2020. In addition, the response date for any party opposed to Hussy 140 LLCs motion to lift the stay imposed by the receivership order is postponed until Wednesday, July 1, 2020. So Ordered by Judge David N. Hurd on 6/16/2020. (see)
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| Filing 126 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #124 MOTION for Sanctions DECLARATION OF DANIEL SCOULER, RECEIVER, IN SUPPORT OF ORDER TO SHOW CAUSE WHY NON-PARTY GARY HICKOK SHOULD NOT BE FOUND IN CONTEMPT OF THE ORDER APPOINTING RECEIVER (Heller, Justin) |
| Filing 125 Letter Motion from Eric M. Ferrante, Esq. for Hancock Whitney Equipment Finance and Leasing, LLC requesting Letter Motion and Request for Leave to be Heard submitted to Judge David N. Hurd . (Attachments: #1 Proposed Order/Judgment of Letter Motion and Request for Leave to be Heard)(Ferrante, Eric) |
| Filing 124 MOTION for Sanctions DECLARATION OF DANIEL SCOULER, RECEIVER, IN SUPPORT OF ORDER TO SHOW CAUSE WHY NON-PARTY GARY HICKOK SHOULD NOT BE FOUND IN CONTEMPT OF THE ORDER APPOINTING RECEIVER filed by Daniel Scouler, Receiver. (Attachments: #1 Affirmation DECLARATION OF JUSTIN A. HELLER, ESQ. IN SUPPORT OF ORDER TO SHOW CAUSE WHY NON-PARTY GARY HICKOK SHOULD NOT BE FOUND IN CONTEMPT OF THE ORDER APPOINTING RECEIVER, #2 Memorandum of Law MEMORANDUM OF LAW IN SUPPORT OF RECEIVERS APPLICATION FOR AN ORDER TO SHOW CAUSE WHY NON-PARTY GARY HICKOK IS NOT IN CONTEMPT OF THE COURTS ORDER APPOINTING RECEIVER, #3 Proposed Order/Judgment PROPOSED ORDER TO SHOW CAUSE FOR CONTEMPT) (Heller, Justin) |
| TEXT NOTICE of Hearing on Motion #123 MOTION Lift a Stay : Response to Motion due by 6/24/2020 Motion Hearing set for 7/10/2020 ON SUBMISSION OF PAPERS - no appearances required before Judge David N. Hurd. (hmr) |
| Filing 123 MOTION Lift a Stay filed by Christopher M Stanyon. (Attachments: #1 Affidavit) Motions referred to Andrew T. Baxter. (Stanyon, Christopher) |
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Filing 122
TEXT ORDER: Upon review of Dkt. 119, Receiver Daniel Scouler's attorneys' motion for the payment of attorneys' fees, the Court is satisfied that the fee application is GRANTED for the same reasons articulated in its Dkt. 100 Memorandum-Decision and Order. Similarly, the receiver's Dkt. 118 status report and application for payment and reimbursement is GRANTED. The receiver may withdraw funds from the receivership properties to pay the amounts requested. Signed by Judge David N. Hurd on 5/27/2020. (see)
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| Filing 121 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #119 MOTION for Attorney Fees FIFTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 120 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #118 Status Report (Heller, Justin) |
| Filing 119 MOTION for Attorney Fees FIFTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 118 STATUS REPORT FIFTH INTERIM REPORT OF RECEIVER AND APPLICATION FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVERS COUNSEL by Daniel Scouler, Receiver. (Heller, Justin) |
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Filing 117
MEMORANDUM-DECISION and ORDER: that the receiver's Dkt. No. #109 Fourth Application for attorney's fees for NHK is Granted; that the receiver may withdraw $15,858.50 from the receivership fund to pay NHK; that the receiver's Dkt. No. #112 First Application for attorneys' fees for special labor counsel GK is Granted; that the receiver may withdraw $2,100.00 from the receivership fund to pay GK; that the receiver's Dkt. No. #114 omnibus motion is Granted; that the receiver may sell the receivership property identified in the omnibus motion; that the receiver may prospectively sell receivership property so long as (1) no sale shall exceed $15,000 to a single purchaser in a single transaction; (2) no sale may be made to a party affiliated with Monolith or the receiver; (3) no sale shall be of property subject to a lien unless the proceeds from the sale would satisfy the lien or the lienholder grants prior written consent; and (4) the receiver shall include such sales in his interim reports going forward; that the receiver may engage E/W to provide brokerage services for the sale of solar energy products; and that the receiver may pay "stay bonuses" to Monolith employees totaling approximately $68,000 as described in the omnibus motion and its attached exhibits.Signed by Judge David N. Hurd on 05/13/2020. (hmr)
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Filing 116
TEXT ORDER: Any party may object to Receiver Daniel Scouler's Dkt. #114 omnibus motion no later than Friday, May 8, 2020. Should any party object, the Receiver may reply no later than Friday, May 15, 2020. So Ordered by Judge David N. Hurd on 4/24/2020. (see)
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| Filing 115 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #114 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting Various Relief Described in Omnibus Motion submitted to Judge Hurd (Heller, Justin) |
| Filing 114 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting Various Relief Described in Omnibus Motion submitted to Judge Hurd . (Attachments: #1 Affirmation Omnibus Motion by Receiver, #2 Declaration Declaration in Support of Omnibus Motion by Receiver, #3 Proposed Order/Judgment Proposed Order Granting Omibus Motion)(Heller, Justin) |
| Filing 113 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #112 MOTION for Attorney Fees FIRST INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 112 MOTION for Attorney Fees FIRST INTERIM APPLICATION OF GOLDBERGER AND KREMER, SPECIAL LABOR COUNSEL FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 111 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #109 MOTION for Attorney Fees FOURTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 110 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #108 Certificate of Service, #107 Status Report Corrected (Heller, Justin) |
| Filing 109 MOTION for Attorney Fees FOURTH INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 108 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #107 Status Report (Heller, Justin) |
| Filing 107 STATUS REPORT FOURTH INTERIM REPORT OF RECEIVER AND APPLICATION FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVER'S COUNSEL by Daniel Scouler, Receiver. (Heller, Justin) |
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Filing 106
TEXT ORDER: Upon review of Dkt. #104 , Receiver Danile Scoulers attorneys motion for the payment of attorneys fees, the Court is satisfied that the fee application is appropriate for the same reasons articulated in its Dkt. 100 Memorandum-Decision and Order. The receiver may withdraw funds from the receivership properties to pay the amounts requested. So Ordered by Judge David N. Hurd on 3/31/2020. (see)
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| Filing 105 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #104 MOTION for Attorney Fees THIRD INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES (Heller, Justin) |
| Filing 104 MOTION for Attorney Fees THIRD INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
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Filing 103
TEXT ORDER: Upon review of Receiver Daniel Scouler's status report and application for compensation and reimbursement of expenses, Dkt. 101, the Court is satisfied that the Receiver's fee application is appropriate for the same reasons articulated in its Dkt. 100 Memorandum-Decision and Order. The receiver may withdraw funds from the receivership properties to pay the amounts requested. So Ordered by Judge David N. Hurd on 3/17/2020. (see)
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| Filing 102 NOTICE of Appearance by Matthew D. Wagoner on behalf of Steven A. Erby (Wagoner, Matthew) |
| Filing 101 STATUS REPORT THIRD INTERIM REPORT OF RECEIVER AND APPLICATION FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVER'S COUNSEL by Daniel Scouler, Receiver. (Heller, Justin) |
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Filing 100
MEMORANDUM-DECISION and ORDER: that defendant Steven A. Erby's Dkt. No. #69 motion to work under the receiver in a limited capacity and for funding to retain counsel is Denied; that defendant Steven A. Erby may move at a later date for appointment of counsel in accordance with the Hodge test and 28 U.S.C. 1915(e); that the Dkt. #70 motion for a partial lift of the stay in outside litigation filed by Dealer Services 2.0 doing business as "Lotus" is Denied; that receiver Daniel Scouler's motion for disbursement of attorneys' fees is Granted and that receiver Daniel Scouler may draw $27,761 from receivership fund to pay his counsel. Signed by Judge David N. Hurd on 03/10/2020. (Copy served upon pro se defendant Steve A. Erby at 6 Hallenbeck Hill, East Greenbush, NY 12061 via regular mail on 3/10/2020.)(hmr)
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| Filing 99 CERTIFICATE OF SERVICE by KeyBank National Association re #95 Response in Opposition to Motion (Hawkins, Jonathan) |
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Filing 98
STIPULATION AND ORDER WITH PIONEER BANK REGARDING PROPERTY SALE AND FORECLOSURE - Signed by Judge David N. Hurd on 02/27/2020. (Copy served upon Pro Se Defendant Steven A. Erby via regular mail on 2/27/2020.) (hmr)
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Filing 97
ORDER AUTHORIZING FINANCING - Signed by Judge David N. Hurd on 02/27/2020. (Copy served upon Pro Se Defendant Steven A. Erby via regular mail on 2/27/2020.) (hmr)
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Filing 96
SECOND ORDER MODIFYING RECEIVERSHIP ORDER: that Pro Se Defendant Steven A. Erby's #46 Motion for Reconsideration is DENIED.Signed by Judge David N. Hurd on 02/27/2020. (Copy served upon Pro Se Defendant Steven A. Erby via regular mail on 2/27/2020.)(hmr)
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| Filing 95 RESPONSE in Opposition re #70 MOTION to Stay (for Partial Relief from Stay) filed by KeyBank National Association. (Hawkins, Jonathan) |
| Filing 94 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #93 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting Requesting attached Stipulation and Order by "So Ordered" submitted to Judge Hurd (Heller, Justin) |
| Filing 93 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting Requesting attached Stipulation and Order by "So Ordered" submitted to Judge Hurd . (Attachments: #1 Proposed Order/Judgment Proposed Stipulation and Order with Pioneer Bank regarding Property Sale and Foreclosure)(Heller, Justin) |
| Filing 92 CERTIFICATE OF SERVICE by Capital Communications Federal Credit Union of Letter Motion and Requests of Capital Communications Federal Credit Union Consenting to the Entry of the Order Authorizing Financing Filed by Receiver's Counsel on 2/20/20 at Doc. 87-2 (Rodgers, John) |
| Filing 91 Letter Motion from John D. Rodgers on behalf of Capital Communications Federal Credit Union for Capital Communications Federal Credit Union submitted to Judge Hon. David N. Hurd With Request of Capital Communications Federal Credit Union Consenting to the Entry of the Order Authorizing Financing Filed by Receiver Counsel on 2/20/20 at Doc. No. 87-2. (Rodgers, John) |
| Filing 90 CERTIFICATE OF SERVICE by Capital Communications Federal Credit Union of Stipulation Among Receiver, KeyBank National Association, CCFCU and M&T Bank (Rodgers, John) |
| Filing 89 STIPULATION Among Receiver, KeyBank National Association, CCFCU and M&T Bank by Capital Communications Federal Credit Union submitted to Judge Hon. David N. Hurd. (Rodgers, John) |
| Filing 88 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #87 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting Giving Status Update regarding Receiver's Motion to Borrow Funds submitted to Judge Hurd (Docket #58) (Heller, Justin) |
| Filing 87 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting Giving Status Update regarding Receiver's Motion to Borrow Funds submitted to Judge Hurd (Docket #58). (Attachments: #1 Declaration Supplemental Declaration of Receiver in Support of Motion for Authorization to Borrow Funds, #2 Proposed Order/Judgment Proposed Order Authorizing Financing)(Heller, Justin) |
| Filing 86 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #83 Affidavit in Opposition to Motion (Heller, Justin) |
| Filing 85 CERTIFICATE OF SERVICE by Capital Communications Federal Credit Union of Letter Motion and Request of Capital Communications Federal Credit Union Relating to Receiver's Motion and Supplemental Motion to Approve Borrowing from Key Bank (Rodgers, John) |
| Filing 84 Letter Motion from John D. Rodgers on behalf of Capital Communications Federal Credit Union for Capital Communications Federal Credit Union requesting Letter Motion and Request of Capital Communications Federal Credit Union Relating to Receiver's Motion and Supplemental Motion Approving Borrowing From Key Bank submitted to Judge Hon. David N. Hurd . (Rodgers, John) |
| Filing 83 AFFIDAVIT in Opposition re #70 MOTION to Stay (for Partial Relief from Stay) filed by Daniel Scouler, Receiver. (Attachments: #1 Memorandum of Law Memorandum of Law in Opposition)(Heller, Justin) |
| Filing 82 NOTICE of Appearance by Curtis Lee Tuggle on behalf of KeyBank National Association (Tuggle, Curtis) |
| Filing 81 AFFIDAVIT re #58 MOTION Authorization for Receiver to Borrow Funds SUPPLEMENT TO MOTION BY RECEIVER FOR AUTHORIZATION TO BORROW FUNDS by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 80 CERTIFICATE OF SERVICE by Capital Communications Federal Credit Union of DK 78 and DK 79 (Rodgers, John) |
| Filing 79 Letter Motion from John D. Rodgers on behalf of Capital Communications Federal Credit Union for Capital Communications Federal Credit Union requesting Withdrawal of the January 17, 2020 Objections of Intervenor Capital Communications Federal Credit Union to Receivership Order and Related Requests submitted to Judge Hon. David N. Hurd . (Rodgers, John) |
| Filing 78 Letter Motion from John D. Rodgers on behalf of Capital Communications Federal Credit Union for Capital Communications Federal Credit Union requesting Withdrawal of the January 24, 2020 Objection of Intervenor Capital Communications Federal Credit Union to the First Interim Application of Nolan Heller Kauffman, LLP for Compensation and Reimbursement of Expenses submitted to Judge Hon. David N. Hurd . (Rodgers, John) |
| Filing 77 MOTION for Attorney Fees SECOND INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 76 STATUS REPORT SECOND INTERIM REPORT OF RECEIVER AND APPLICATION FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND RECEIVER'S COUNSEL by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 75 Letter Motion from Jonathan S. Hawkins for KeyBank National Association requesting Second Order modifying Receivership Order submitted to Judge David N. Hurd . (Attachments: #1 Proposed Order/Judgment)(Hawkins, Jonathan) |
| Filing 74 CERTIFICATE OF SERVICE by Capital Communications Federal Credit Union of Amended Notice of Appearance (Rodgers, John) |
| Filing 73 NOTICE of Appearance by John D. Rodgers on behalf of Capital Communications Federal Credit Union (Rodgers, John) |
| Filing 72 NOTICE of Appearance by Jonathan S Hawkins on behalf of All Plaintiffs (Hawkins, Jonathan) |
| Filing 71 CERTIFICATE OF SERVICE by Dealer Services 2.0, LLC of Motion for Partial Relief from Stay (Dkt. #70) (Ferlazzo, Salvatore) |
| Filing 70 MOTION to Stay (for Partial Relief from Stay) Motion Hearing set for 3/13/2020 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 2/25/2020 filed by Dealer Services 2.0, LLC. (Attachments: #1 Memorandum of Law, #2 Affidavit of Salvatore D. Ferlazzo, Esq., #3 Exhibit(s) A to Ferlazzo Aff. (state court Summons & Complaint), #4 Exhibit(s) B to Ferlazzo Aff. (state court affidavit of service), #5 Exhibit(s) C to Ferlazzo Aff. (notice of receivership)) (Ferlazzo, Salvatore) Modified on 2/4/2020 to remove referral to Judge Baxter. (nmk) |
| Filing 69 Letter Motion from Steven A. Erby requesting that he be allowed to work in a limited capacity, under the direction of the Receiver; that he be allowed to retain counsel from the funds generated and that he be allowed to meet with the Court to discuss the procedures that he should follow in regard to moving forward submitted to U.S. District Judge David N. Hurd. (hmr) |
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Filing 68
TEXT ORDER DENYING EMERGENCY MOTION: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ and upon review of all papers submitted at [Dkt. No. 67] application for an Emergency Motion is hereby DENIED for failure to show imminent harm. Defendant is advised that all motions brought by shall conform to the requirements set forth in L.R. 7.1(a)(1) and (2), including a memorandum of law, supporting affidavit, and proof of service on all the parties. The Court further orders that pro se defendant Erby's emergency motion at Dkt. No. #67 shall be construed as an objection to the Order at Dkt. No. #7 and that this motion shall be heard as previously set forth at TEXT ORDER at Dkt. No 65. So Ordered by Judge David N. Hurd on 1/30/2020.
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| Filing 67 EMERGENCY MOTION for Stay filed by Steven A. Erby.(hmr) |
| Filing 66 CERTIFICATE OF SERVICE by KeyBank National Association re #57 Response in Opposition to Motion Declaration of Service of Jonathan S. Hawkins (Kazan, Barry) |
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Filing 65
TEXT ORDER: Receiver Daniel Scouler's letter motions: (1) Dkt. 55 requesting permission to file a reply to Intervenor Capital Communications Federal Credit Union's Dkt. 51 objection; and (2) Dkt. 59 requesting an extension of the response and reply date for the receiver's Dkt. 25 motion for attorney fees are GRANTED. Plaintiff KeyBank's Dkt. 62 letter motion requesting permission to reply to Capital Communications Federal Credit Union's Dkt. 51 objection is GRANTED. Dealer Services 2.0, LLC's Dkt. 60 letter motion requesting leave to file a motion is GRANTED. In light of those motions, and the Receiver's Dkt. 58 motion for authorization to borrow funds, the following deadlines are set. By 2/7/2020: (1) Capital Communications Federal Credit Union may, if they choose, amend their Dkt. 63 objection to the receiver's Dkt. 25 motion for attorney fees; (2) KeyBank and the receiver may respond to Capital Communications' Dkt. 51 objection; and (3) Dealer Services may file their proposed motion. By 2/14/2020: (1) the Receiver may reply to Capital Communications' Dkt. 63 objection or, if one is submitted, an amended version of the same; (2) any opposed party must object to the Receiver's Dkt. 58 motion for authorization to borrow funds; and (3) any opposed party may respond to Dealer Services' motion as requested in Dkt. 60. So Ordered by Judge David N. Hurd on 1/27/2020. (Copy served upon Steven A. Erby via regular mail on 1/27/2020)(see)
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| Filing 64 AFFIDAVIT of Service for Objection of Capital Communications Federal Credit Union to the First Interim Application of Nolan Heller Kauffman, LLP for Compensation and Reimbursement of Expenses as Proposed Attorneys for Receiver served on Barry Kazan, Esq.; Justin A. Heller, Esq.; Lee E. Woodard, Esq.; Stephen Hornung, Esq.;Eric M. Ferrante, Esq., Christopher M. Desiderio, Esq., Meghan M. Breen, Esq., Salvatore Ferlazzo, Esq., Steven A. Erby, Brian Deinhart, Esq.; Mark Fobare on 1/24/2020, filed by Capital Communications Federal Credit Union. (Rodgers, John) |
| Filing 63 NOTICE by Capital Communications Federal Credit Union Objection of Capital Communications Federal Credit Union to the First Interim Application of Nolan Heller Kauffman, LLP for Compensation and Reimbursement of Expenses as Proposed Attorneys for Receiver (Rodgers, John) |
| Filing 62 Letter Motion from Barry M. Kazan for KeyBank National Association requesting that the Court permit KeyBank to file a reply to the Objection filed by Capital Communications Federal Credit Union (Doc. 51) submitted to Judge David N. Hurd . (Kazan, Barry) |
| Filing 61 TEXT ORDER: TEXT ORDER: The Rule 16 conference set for 3/18/2020 and 3/11/2020 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, at a later date. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/24/2020. [Copy served upon pro se defendant via regular mail.] (nmk) |
| Filing 60 Letter Motion from Salvatore D. Ferlazzo, Esq. for Dealer Services 2.0, LLC requesting Leave to File Motion submitted to Judge David N. Hurd . (Attachments: #1 Ex. A)(Ferlazzo, Salvatore) |
| Filing 59 Letter Motion from Justin Heller for Daniel Scouler, Receiver requesting extend date for CCFCU's response to the Application submitted to Judge Hurd . (Heller, Justin) |
| Filing 58 MOTION Authorization for Receiver to Borrow Funds filed by Daniel Scouler, Receiver. (Attachments: #1 Motion by Receiver for Authorization to Borrow Funds, #2 Declaration Declaration of Receiver in Support of Motion for Authorization to Borrow Funds) (Heller, Justin) Removed referral to Judge Baxter on 1/24/2020. (nmk) |
| Filing 57 RESPONSE in Opposition re #46 MOTION for Reconsideration to Motion of Defendant, Steven Erby, to Reconsider Unspecified Order filed by KeyBank National Association. (Kazan, Barry) |
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Filing 56
ORDER OF RECUSAL: Senior Judge Thomas J. McAvoy recused. Case reassigned to Judge David N. Hurd as presiding judge for all further proceedings. (plp)
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| Filing 55 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting permission to file a reply to the Objection filed by Capital Communications [Docket No. 51] submitted to Judge McAvoy . (Heller, Justin) |
| Filing 54 ***SEALED EXHIBITS by KeyBank National Association in support of the #37 Reply. (Attachments: #1 Exhibit(s) 2) (amt) |
| Filing 53 NOTICE of Appearance by Brian Deinhart on behalf of Daniel Scouler, Receiver (Deinhart, Brian) |
| Filing 52 AFFIDAVIT of Service for Objection and Request of Intervenor Capital Communications Federal Credit Union for Modifications of Provisions of Receivership Orders and Related Relief with Exhibits served on Barry Kazan, Esq., Justin A. Heller, Esq., Lee E. Woodard, Esq., Stephen Hornung, Esq., Eric M. Ferrante, Esq., Christopher M. Desiderio, Esq., Meghan M. Breen, Esq., Mr. Steven Erby and Mark Fobare on 1/17/20, filed by Capital Communications Federal Credit Union. (Rodgers, John) |
| Filing 51 NOTICE by Capital Communications Federal Credit Union Objection and Request of Intervenor Capital Communications Federal Credit Union for Modifications of Provisions of Receivership Orders and Related Relief (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H)(Rodgers, John) |
| Filing 50 CERTIFICATE OF SERVICE by KeyBank National Association re #38 MOTION to File Certain Exhibits to Response Under Seal re #37 Reply to Response to Motion, , #37 Reply to Response to Motion, (Kazan, Barry) |
| Filing 49 NOTICE of Admission Requirement as to Party Plaintiff; Attorney Jonathan S. Hawkins, Esq., Email address is Jonathan.Hawkins@ThompsonHine.com. Phone number is 937-443-6860. Admissions due by 1/30/2020. [Copy of Notice was emailed to Attorney Hawkins on 1/16/2020.](hmr) |
| COURT TEXT NOTICE directing Plaintiff to file a response to Defendant's #46 MOTION for Reconsideration by 1/23/2020. (amt) |
| Filing 48 EXHIBIT 6 in Support re #46 MOTION for Reconsideration filed by Steven A. Erby. (hmr) |
| Filing 47 EXHIBITS 1-5 in Support re #46 MOTION for Reconsideration filed by Steven A. Erby. (hmr) |
| Filing 46 EMERGENCY MOTION for Reconsideration filed by Steven A. Erby. (hmr) |
| Filing 45 NOTICE of Appearance by Stephan Hornung on behalf of M&T Bank (Hornung, Stephan) |
| Filing 43 AFFIDAVIT of Service for Summons; Court Notice (Doc. 3); and Verified First Amended Complaint (Doc. 22) served on Solar Management Group, LLC on 01/13/2020, filed by KeyBank National Association. (Attachments: #1 Delivery Confirmation)(Kazan, Barry) |
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Filing 42
TEXT ORDER: The motion of Capital Communications Federal Credit Union for Leave to be Heard, to File Papers and be Recognized as a Party-in-Interest in Connection with the Courts Receivership Order, dkt. #39, which the Court construes as a motion for leave to intervene pursuant to Federal Rule of Civil Procedure 24(a)(2) is hereby GRANTED. Capital Communications Federal Credit Union represents that it has a security interest in property subject to the receivership and alleges that certain portions of the Complaint and the receivership order may be contrary to the Credit Unions interests. The Credit Union may be heard in this matter and file any papers the intervenor deems appropriate. The Clerk of Court shall update the docket to reflect the Credit Unions status as an intervening party. Authorized by Senior Judge Thomas J. McAvoy on 1/14/20. (Copy served via regular mail)(sfp, )
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Filing 41
TEXT ORDER granting Pltf's #38 Motion to file Exhibits of document #37 , Reply, under seal. Authorized by Senior Judge Thomas J. McAvoy on 1/14/20. (Copy served via regular mail)(sfp, )
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| Filing 40 NOTICE of Appearance by Meghan M. Breen on behalf of Pioneer Bank (Breen, Meghan) |
| Filing 44 ANSWER to #22 Amended Complaint, by Steven A. Erby. (Attachments: #1 Exhibits 1B-4B, #2 Exhibit 5B)(hmr) |
| Filing 39 Letter Motion from John D. Rodgers on behalf of Capital Communications Federal Credit Union for Capital Communications Federal Credit Union requesting for Leave to be heard, to file papers and be recognized as party-in-interest in connection with the Court's Receivership Order Pursuant to, inter alia, NY CPLR Article 64 submitted to Judge Hon. Thomas J. McAvoy . (Attachments: #1 Proposed Order/Judgment)(Rodgers, John) |
| Filing 38 MOTION to File Certain Exhibits to Response Under Seal re #37 Reply to Response to Motion, filed by KeyBank National Association. (Attachments: #1 Proposed Order/Judgment) (Kazan, Barry) Modified on 1/13/2020 to remove referral to Judge Baxter. (nmk) |
| Filing 37 REPLY to Response to Motion re #4 MOTION for Appointment of Receiver filed by KeyBank National Association. (Attachments: #1 Exhibit(s) 1 - Presentation, #2 Exhibit(s) 2 - Funds Flow Statement, #3 Exhibit(s) 3 - Declaration of Macaulay Endres, #4 Exhibit(s) 4 - Signed Affidavit of Jonathan Buhner)(Kazan, Barry) |
| Filing 36 AFFIDAVIT re #22 Amended Complaint, Declaration of Service by KeyBank National Association. (Kazan, Barry) |
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Filing 35
TEXT ORDER: The Clerk of Court is directed to STRIKE the document filed by Hancock Whitney Equipment Finance and Leasing, LLC (Hancock Whitney), dkt. #32 . Hancock Whitney is not a party to this matter, and the Court does not permit non-parties to participate in matters before the Court without obtaining leave to do so. The Court recognizes that Hancock Whitney has stated an interest in the property at issue in this matter, and would entertain an appropriate motion from that company that would permit the companys participation in this matter. Authorized by Senior Judge Thomas J. McAvoy on 1/10/2020. (amt)
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| Filing 34 PRO SE HANDBOOK and NOTICE mailed via regular mail on 1/10/2020 to pro se defendant, Steven A. Erby, together with the pro se packet and a note asking him to read, sign, and return for filing the document entitled "Notice" and telling him the remainder of the enclosures are for him to keep." [Clerk mailed two copies of the notice, one for him to keep and one for him to mail back for filing.] (hmr) |
| Filing 33 NOTICE of Appearance by Lee E. Woodard on behalf of Green Mountain Electrical Supply, Inc. (Woodard, Lee) |
| Filing 32 **STRICKEN PURSUANT TO THE COURT'S 35 ORDER** Hancock Whitney Equipment Finance and Leasing's Notice in Support of Plaintiff's #4 Order to Show Cause seeking Appointment of Receiver (Desiderio, Christopher) Modified on 1/10/2020 (amt). |
| Filing 31 NOTICE of Appearance by Christopher M. Desiderio on behalf of Hancock Whitney Equipment Finance and Leasing, LLC (Desiderio, Christopher) |
| Clerk mailed a copy of the Dkt. No. #30 First Order Modifying Receivership Order to pro se defendant, Steven A. Erby at 6 Hallenbeck Hill, East Greenbush, NY 12061 via regular mail on 1/10/2020. (hmr) |
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Filing 30
FIRST ORDER MODIFYING RECEIVERSHIP ORDER: that the #28 Letter Motion is Granted. It is so Ordered, this is a Final Appealable Order, and there is no just reason for delay.Signed by Senior Judge Thomas J. McAvoy on 01/09/2020. (hmr)
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| Filing 29 NOTICE of Appearance by Eric M. Ferrante on behalf of Hancock Whitney Equipment Finance and Leasing, LLC (Ferrante, Eric) |
| Filing 28 Letter Motion from Barry M. Kazan for KeyBank National Association requesting order modifying the Appointment Order submitted to Judge Thomas J. McAvoy . (Attachments: #1 Proposed Order/Judgment)(Kazan, Barry) |
| Filing 27 TEXT ORDER: granting #23 pro se defendant's Motion to Obtain ECF Login and Password. The Clerk is directed to coordinate with defendant to provide him with an ECF Login and Password. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/9/2020. [Copy served upon pro se defendant via regular mail.] (nmk) |
| Filing 26 Summons Issued as to Solar Management Group, LLC. (hmr) |
| TEXT NOTICE of Hearing on Motion: Receiver, Daniel Scouler's, #25 MOTION for Attorney Fees for payment of compensation and reimbursement of expenses is placed on Judge McAvoy's 2/10/20 Motion Calendar. This motion is on submit basis, appearances are not required.Response to Motion is due by 1/24/2020. Reply to Response to Motion is due by 1/30/2020. [Served by mail.] (sfp, ) |
| Filing 25 MOTION for Attorney Fees FIRST INTERIM APPLICATION OF NOLAN HELLER KAUFFMAN LLP, ATTORNEYS FOR RECEIVER, FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES filed by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 24 STATUS REPORT FIRST INTERIM REPORT OF RECEIVER AND APPLICATION FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF RECEIVER by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 23 Pro Se MOTION to Obtain ECF Login and Password filed by Steven A. Erby. (Attachments: #1 Pro Se CM/ECF Registration Form) Motions referred to Andrew T. Baxter. (hmr) |
| Filing 22 AMENDED COMPLAINT (First) for Money, Foreclosure of Security Interests, Judicial Sale of Real Property Via Receiver, and Related Relief against All Defendants filed by KeyBank National Association. (Attachments: #1 Exhibit(s) to Amended Complaint - Part I, #2 Exhibit(s) to Amended Complaint - Part II, #3 Exhibit(s) to Amended Complaint - Part III, #4 Proposed Summons Solar Management Group, LLC)(Kazan, Barry) |
| Filing 21 CERTIFICATE OF SERVICE by Daniel Scouler, Receiver re #19 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting Sealing Order submitted to Judge McAvoy (Heller, Justin) |
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Filing 20
ORDER granting #19 request to seal documents 15 - 18 . Signed by Senior Judge Thomas J. McAvoy on 1/7/20. (sfp, )
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| Filing 19 Letter Motion from Justin A. Heller for Daniel Scouler, Receiver requesting Sealing Order submitted to Judge McAvoy . (Attachments: #1 Proposed Order/Judgment Proposed Order)(Heller, Justin) |
| COURT TEXT NOTICE directing Plaintiff to file a Reply to #14 Response to Motion due by 1/10/2020. (amt) |
| Filing 14 RESPONSE to Motion re #4 MOTION FOR ORDER TO SHOW CAUSE filed by Steven A. Erby. (Attachments: #1 Exhibit 1)(hmr) |
| Filing 13 NOTICE of Appearance by John D. Rodgers on behalf of Capital Communications Federal Credit Union (Rodgers, John) |
| Filing 12 Bond of Receiver BOND in the amount of $ 10,000.00 as to Daniel Scouler, Receiver posted by Fidelity and Depost Company of Maryland ; (Original Bond retained by filing attorney). (Heller, Justin) |
| Filing 11 AFFIDAVIT of Service for Summons; Verified Complaint (Doc. 1); Court Notice (Doc. 3); Order to Show Cause for the Appt. of Receiver (Doc. 4); Order to Show Cause (Doc. 5); Letter from Barry Kazan (Doc. 6); Order Appointing a Receiver (Doc. 7)) served on All Defendants on Mark Fobare (12/21/2019); Remainder of Defendants (12/23/2019), filed by KeyBank National Association. (Attachments: #1 Delivery Confirmations)(Kazan, Barry) |
| Filing 10 AFFIDAVIT re #7 Order on Letter Request OATH OF RECEIVER by Daniel Scouler, Receiver. (Heller, Justin) |
| Filing 9 NOTICE of Appearance by Justin A. Heller on behalf of Daniel Scouler, Receiver (Heller, Justin) |
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Filing 8
ORDER OF RECUSAL: Magistrate Judge Therese Wiley Dancks recused. Case reassigned to US Magistrate Judge Andrew T. Baxter for all further proceedings, including the Rule 16 Conference currently scheduled for 3/18/2020 at 10:00am. The assigned District Judge, the Hon. Thomas J. McAvoy, shall remain the same. Signed by Magistrate Judge Therese Wiley Dancks on 12/23/2019. (sg )
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Filing 7
ORDER granting Plaintiff's #6 Letter Request and Appointing a Receiver. Signed by Senior Judge Thomas J. McAvoy on 12/20/2019. (amt)
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| Filing 6 Letter Motion from Barry Kazan for KeyBank National Association requesting that the Court enter the Proposed Order submitted to Judge Thomas J. McAvoy . (Attachments: #1 Proposed Order/Judgment)(Kazan, Barry) |
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Filing 5
ORDER granting #4 Motion for an Order to Show Cause Hearing. Opposition papers shall be filed by 12/26/2019 and reply papers shall be filed by 12/30/2019. Plaintiff shall post security in the amount of $5 million. The Court will schedule a hearing once the response and reply papers have been filed. Signed by Senior Judge Thomas J. McAvoy on 12/19/2019. (amt)
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| Set Deadlines in accordance w/the Court's #5 Order: Response to Motion due by 12/26/2019; Reply to Response to Motion due by 12/30/2019. (amt) |
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Filing 4
ORDER TO SHOW CAUSE FOR THE APPOINTMENT OF RECEIVER filed by KeyBank National Association. (Attachments: #1 Memorandum of Law) Motions referred to Therese Wiley Dancks. (khr)
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| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/18/2020 at 10:00 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/11/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) |
| Filing 2 Summonses Issued as to Albany CSD Solar 1 LLC, Albany CSD Solar 2 LLC, Amsterdam Reservoir Solar 1 LLC, City of Albany Solar 1 LLC, City of Albany Solar 2 LLC, City of Albany Solar 3 LLC, City of Troy Solar 1 LLC, Community Solar 1 LLC, Cordell Road Solar 1 LLC, Craryville Two Town Road Solar 1 LLC, Craryville Two Town Road Solar 2 LLC, Steven A. Erby, Mark Fobare, Granville CSD Solar 1 LLC, Johnsonville Route 7 Solar 1 LLC, Key Solar 1 LLC, Load Zone A LLC, Load Zone B and C LLC, Load Zone D & E LLC, Load Zone F LLC, Load Zone G LLC, MSAP 10 LLC, MSAP 11 LLC, MSAP 12 LLC, MSAP 14 LLC, Marion Warner Road Solar 1 LLC, Mayfield CSD Solar 1 LLC, Monolith Solar Associates LLC, NYSDOT Solar 1 LLC, Rensselaer County Solar 1 LLC, Rensselaer County Solar 2 LLC, Route 7 Solar Farm 1 LLC, Russell Sage Solar 1 LLC, SAE Sun and Earth Energy Incorporated, Salem County Route 153 Solar 1 LLC, Sand Lake Eastern Union Turnpike Solar 1 LLC, Schenectady Hetcheltown Road Solar 1 LLC, Schenectady Hetcheltown Road Solar 2 LLC, Schenectady Ice Rink Solar 1 LLC, Schuylerville CSD Solar 1 LLC, Scotia Glenville CSD Solar 1 LLC, Seward Pine Hill Road Solar 1 LLC, Seward Pine Hill Road Solar 2 LLC, Smithville Tarbell Road Solar 1 LLC, Solar Energy Properties LLC, Solar Management Group 2013, LLC, Solar Vista LLC, Vista Management Group LLC. (Attachments: #1 Summons Issued for Albany CSD Solar 2 LLC, #2 Summons Issued for Amsterdam Reservoir Solar 1 LLC, #3 Summons Issued for City of Albany Solar 1 LLC, #4 Summons Issued for City of Albany Solar 2 LLC, #5 Summons Issued for City of Albany Solar 3 LLC, #6 Summons Issued for City of Troy Solar 1 LLC, #7 Summons Issued for Community Solar 1 LLC, #8 Summons Issued for Cordell Road Solar 1 LLC, #9 Summons Issued for Craryville Two Town Road Solar 1 LLC, #10 Summons Issued for Craryville Two Town Road Solar 2 LLC, #11 Summons Issued for Granville CSD Solar 1 LLC, #12 Summons Issued for Johnsonille Route 7 Solar 1 LLC, #13 Summons Issued for Key Solar 1 LLC, #14 Summons Issued for Load Zone A LLC, #15 Summons Issued for Load Zone B and C LLC, #16 Summons Issued for Load Zone D and E LLC, #17 Summons Issued for Load Zone F LLC, #18 Summons Issued for Load Zone G LLC, #19 Summons Issued for Marion Warner Road Solar 1 LLC, #20 Summons Issued for Mark Fobare, #21 Summons Issued for Mayfield CSD Solar 1 LLC, #22 Summons Issued as to Monolith Solar Associates LLC, #23 Summons Issued for MSAP 10 LLC, #24 Summons Issued for MSAP 11 LLC, #25 Summons Issued for MSAP 12 LLC, #26 Summons Issued for MSAP 14 LLC, #27 Summons Issued for NYSDOT Solar 1 LLC, #28 Summons Issued for Rensselaer County Solar 1 LLC, #29 Summons Issued for Rensselaer County Solar 2 LLC, #30 Summons Issued for Route 7 Solar Farm 1 LLC, #31 Summons Issued for Russell Sage Solar 1 LLC, #32 Summons Issued for Sae Sun and Earth Energy Incorporated, #33 Summons Issued for Sand Lake Eastern Union Turnpike Solar 1 LLC, #34 Summons Issued for Schnectady Hetcheltown Road Solar 1 LLC, #35 Summons Issued for Schenectady Ice Rink Solar 1 LLC, #36 Summons Issued for Schuylerville CSD Solar 1 LLC, #37 Summons Issued for Scotia Glenville CSD Solar 1 LLC, #38 Summons Issued for Seward Pine Hill Road Solar 1 LLC, #39 Summons Issued for Seward Pine Road Solar 2 LLC, #40 Summons Issued for Smithville Tarbell Road Solar 1 LLC, #41 Summons Issued for Solar Energy Properties LLC, #42 Summons Issued for Solar Management Group 2013, LLC, #43 Summons Issued for Solar Vista LLC, #44 Summons Issued for Steven Erby, #45 Summons Issued for Vista Management Group LLC, #46 Summons Issued for Schenectady Hetcheltown Road Solar 2 LLC, #47 Summons Issued Salem County Route 153 Solar 1 LLC)(hmr) |
| Filing 1 COMPLAINT for Money, Foreclosure of Security Interests and Related Relief against Albany CSD Solar 1 LLC, Albany CSD Solar 2 LLC, Amsterdam Reservoir Solar 1 LLC, City of Albany Solar 1 LLC, City of Albany Solar 2 LLC, City of Albany Solar 3 LLC, City of Troy Solar 1 LLC, Community Solar 1 LLC, Cordell Road Solar 1 LLC, Craryville Two Town Road Solar 1 LLC, Craryville Two Town Road Solar 2 LLC, Steven A. Erby, Mark Fobare, Granville CSD Solar 1 LLC, Johnsonville Route 7 Solar 1 LLC, Key Solar 1 LLC, Load Zone A LLC, Load Zone B and C LLC, Load Zone D & E LLC, Load Zone F LLC, Load Zone G LLC, MSAP 10 LLC, MSAP 11 LLC, MSAP 12 LLC, MSAP 14 LLC, Marion Warner Road Solar 1 LLC, Mayfield CSD Solar 1 LLC, Monolith Solar Associates LLC, NYSDOT Solar 1 LLC, Rensselaer County Solar 1 LLC, Rensselaer County Solar 2 LLC, Route 7 Solar Farm 1 LLC, Russell Sage Solar 1 LLC, SAE Sun and Earth Energy Incorporated, Salem County Route 153 Solar 1 LLC, Sand Lake Eastern Union Turnpike Solar 1 LLC, Schenectady Hetcheltown Road Solar 1 LLC, Schenectady Hetcheltown Road Solar 2 LLC, Schenectady Ice Rink Solar 1 LLC, Schuylerville CSD Solar 1 LLC, Scotia Glenville CSD Solar 1 LLC, Seward Pine Hill Road Solar 1 LLC, Seward Pine Hill Road Solar 2 LLC, Smithville Tarbell Road Solar 1 LLC, Solar Energy Properties LLC, Solar Management Group 2013, LLC, Solar Vista LLC, Vista Management Group LLC (Filing fee $400 receipt number ANYNDC-4976647) filed by KeyBank National Association. (Attachments: #1 Exhibits 1-35, #2 Exhibits 36-41, #3 Exhibits 42-44, #4 Exhibits 45-72, #5 Exhibits 73-82, #6 Civil Cover Sheet)(hmr) |
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