KeyBank National Association v. Monolith Solar Associates LLC et al
Plaintiff: KeyBank National Association
Defendant: 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 and Solar Management Group, LLC
Intervenor: Capital Communications Federal Credit Union
Case Number: 1:2019cv01562
Filed: December 18, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Therese Wiley Dancks
2 Judge: David N Hurd
3 Judge: Thomas J McAvoy
Nature of Suit: Negotiable Instrument
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 14, 2020 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)
February 14, 2020 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)
February 12, 2020 Filing 82 NOTICE of Appearance by Curtis Lee Tuggle on behalf of KeyBank National Association (Tuggle, Curtis)
February 11, 2020 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)
February 7, 2020 Filing 80 CERTIFICATE OF SERVICE by Capital Communications Federal Credit Union of DK 78 and DK 79 (Rodgers, John)
February 7, 2020 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)
February 7, 2020 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)
February 7, 2020 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)
February 7, 2020 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)
February 7, 2020 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)
February 6, 2020 Filing 74 CERTIFICATE OF SERVICE by Capital Communications Federal Credit Union of Amended Notice of Appearance (Rodgers, John)
February 6, 2020 Filing 73 NOTICE of Appearance by John D. Rodgers on behalf of Capital Communications Federal Credit Union (Rodgers, John)
February 5, 2020 Filing 72 NOTICE of Appearance by Jonathan S Hawkins on behalf of All Plaintiffs (Hawkins, Jonathan)
February 3, 2020 Filing 71 CERTIFICATE OF SERVICE by Dealer Services 2.0, LLC of Motion for Partial Relief from Stay (Dkt. #70) (Ferlazzo, Salvatore)
February 3, 2020 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)
January 31, 2020 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)
January 30, 2020 Opinion or Order 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.
January 30, 2020 Filing 67 EMERGENCY MOTION for Stay filed by Steven A. Erby.(hmr)
January 27, 2020 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)
January 27, 2020 Opinion or Order 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)
January 27, 2020 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)
January 24, 2020 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)
January 24, 2020 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)
January 24, 2020 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)
January 24, 2020 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)
January 24, 2020 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)
January 24, 2020 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)
January 23, 2020 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)
January 21, 2020 Opinion or Order 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)
January 21, 2020 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)
January 21, 2020 Filing 54 ***SEALED EXHIBITS by KeyBank National Association in support of the #37 Reply. (Attachments: #1 Exhibit(s) 2) (amt)
January 21, 2020 Filing 53 NOTICE of Appearance by Brian Deinhart on behalf of Daniel Scouler, Receiver (Deinhart, Brian)
January 17, 2020 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)
January 17, 2020 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)
January 16, 2020 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)
January 16, 2020 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)
January 16, 2020 COURT TEXT NOTICE directing Plaintiff to file a response to Defendant's #46 MOTION for Reconsideration by 1/23/2020. (amt)
January 15, 2020 Filing 48 EXHIBIT 6 in Support re #46 MOTION for Reconsideration filed by Steven A. Erby. (hmr)
January 15, 2020 Filing 47 EXHIBITS 1-5 in Support re #46 MOTION for Reconsideration filed by Steven A. Erby. (hmr)
January 15, 2020 Filing 46 EMERGENCY MOTION for Reconsideration filed by Steven A. Erby. (hmr)
January 15, 2020 Filing 45 NOTICE of Appearance by Stephan Hornung on behalf of M&T Bank (Hornung, Stephan)
January 14, 2020 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)
January 14, 2020 Opinion or Order 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, )
January 14, 2020 Opinion or Order 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, )
January 14, 2020 Filing 40 NOTICE of Appearance by Meghan M. Breen on behalf of Pioneer Bank (Breen, Meghan)
January 13, 2020 Filing 44 ANSWER to #22 Amended Complaint, by Steven A. Erby. (Attachments: #1 Exhibits 1B-4B, #2 Exhibit 5B)(hmr)
January 13, 2020 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)
January 13, 2020 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)
January 10, 2020 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)
January 10, 2020 Filing 36 AFFIDAVIT re #22 Amended Complaint, Declaration of Service by KeyBank National Association. (Kazan, Barry)
January 10, 2020 Opinion or Order 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)
January 10, 2020 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)
January 10, 2020 Filing 33 NOTICE of Appearance by Lee E. Woodard on behalf of Green Mountain Electrical Supply, Inc. (Woodard, Lee)
January 10, 2020 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)
January 10, 2020 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).
January 10, 2020 Filing 31 NOTICE of Appearance by Christopher M. Desiderio on behalf of Hancock Whitney Equipment Finance and Leasing, LLC (Desiderio, Christopher)
January 9, 2020 Opinion or Order 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)
January 9, 2020 Filing 29 NOTICE of Appearance by Eric M. Ferrante on behalf of Hancock Whitney Equipment Finance and Leasing, LLC (Ferrante, Eric)
January 9, 2020 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)
January 9, 2020 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)
January 9, 2020 Filing 26 Summons Issued as to Solar Management Group, LLC. (hmr)
January 9, 2020 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, )
January 8, 2020 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)
January 8, 2020 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)
January 8, 2020 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)
January 7, 2020 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)
January 7, 2020 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)
January 7, 2020 Opinion or Order Filing 20 ORDER granting #19 request to seal documents 15 - 18 . Signed by Senior Judge Thomas J. McAvoy on 1/7/20. (sfp, )
January 6, 2020 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)
January 3, 2020 COURT TEXT NOTICE directing Plaintiff to file a Reply to #14 Response to Motion due by 1/10/2020. (amt)
January 2, 2020 Filing 14 RESPONSE to Motion re #4 MOTION FOR ORDER TO SHOW CAUSE filed by Steven A. Erby. (Attachments: #1 Exhibit 1)(hmr)
December 31, 2019 Filing 13 NOTICE of Appearance by John D. Rodgers on behalf of Capital Communications Federal Credit Union (Rodgers, John)
December 30, 2019 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)
December 27, 2019 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)
December 26, 2019 Filing 10 AFFIDAVIT re #7 Order on Letter Request OATH OF RECEIVER by Daniel Scouler, Receiver. (Heller, Justin)
December 26, 2019 Filing 9 NOTICE of Appearance by Justin A. Heller on behalf of Daniel Scouler, Receiver (Heller, Justin)
December 23, 2019 Opinion or Order 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 )
December 20, 2019 Opinion or Order 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)
December 19, 2019 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)
December 19, 2019 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)
December 19, 2019 Opinion or Order 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)
December 18, 2019 Opinion or Order 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)
December 18, 2019 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)
December 18, 2019 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)
December 18, 2019 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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Search for this case: KeyBank National Association v. Monolith Solar Associates LLC et al
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Defendant: Seward Pine Hill Road Solar 1 LLC
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Defendant: Craryville Two Town Road Solar 1 LLC
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Defendant: Mark Fobare
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Defendant: NYSDOT Solar 1 LLC
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Defendant: Cordell Road Solar 1 LLC
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Defendant: Salem County Route 153 Solar 1 LLC
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Defendant: Vista Management Group LLC
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Defendant: SAE Sun and Earth Energy Incorporated
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Defendant: Schenectady Hetcheltown Road Solar 1 LLC
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Defendant: MSAP 12 LLC
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Defendant: Schuylerville CSD Solar 1 LLC
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Defendant: City of Albany Solar 3 LLC
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Defendant: Smithville Tarbell Road Solar 1 LLC
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Defendant: Solar Management Group 2013, LLC
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Defendant: Marion Warner Road Solar 1 LLC
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Defendant: Solar Vista LLC
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Defendant: Rensselaer County Solar 1 LLC
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Defendant: Schenectady Ice Rink Solar 1 LLC
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Defendant: Seward Pine Hill Road Solar 2 LLC
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Defendant: Granville CSD Solar 1 LLC
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Defendant: City of Troy Solar 1 LLC
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Defendant: Sand Lake Eastern Union Turnpike Solar 1 LLC
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Defendant: Steven A. Erby
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Defendant: Amsterdam Reservoir Solar 1 LLC
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Defendant: Solar Energy Properties LLC
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Defendant: MSAP 14 LLC
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Defendant: Route 7 Solar Farm 1 LLC
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Defendant: Rensselaer County Solar 2 LLC
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Defendant: Johnsonville Route 7 Solar 1 LLC
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Defendant: Key Solar 1 LLC
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Defendant: Schenectady Hetcheltown Road Solar 2 LLC
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Defendant: Load Zone F LLC
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Defendant: Scotia Glenville CSD Solar 1 LLC
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Defendant: Albany CSD Solar 2 LLC
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Defendant: Craryville Two Town Road Solar 2 LLC
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Defendant: Community Solar 1 LLC
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Defendant: Load Zone A LLC
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Defendant: Mayfield CSD Solar 1 LLC
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Defendant: Load Zone G LLC
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Defendant: Russell Sage Solar 1 LLC
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Defendant: Albany CSD Solar 1 LLC
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Defendant: City of Albany Solar 2 LLC
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Defendant: Load Zone B and C LLC
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Defendant: Load Zone D & E LLC
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Defendant: MSAP 11 LLC
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Defendant: City of Albany Solar 1 LLC
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Defendant: MSAP 10 LLC
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Defendant: Monolith Solar Associates LLC
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Defendant: Solar Management Group, LLC
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Plaintiff: KeyBank National Association
Represented By: Barry M. Kazan
Represented By: Curtis Lee Tuggle
Represented By: Jonathan S Hawkins
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Intervenor: Capital Communications Federal Credit Union
Represented By: John D. Rodgers
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