Compass-Charlotte 1031, LLC v. Prime Capital Ventures, LLC et al
| Compass-Charlotte 1031, LLC |
| 405 Motorsports LLC, Prime Capital Ventures, LLC, Berone Capital Fund, LP, Berone Capital Partners LLC, Berone Capital LLC, Berone Capital Equity Fund I, LP and Berone Capital Equity Partners LLC |
| KIMBERLY A. HUMPHREY, TINA M. ROGLIERI, Kimmy Humphrey, Prime Commercial Lending, LLC, Commercial Capital Training Group, LLC, THE FINANCE MARKETING GROUP, NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC, FUPME, LLC and KRIS D. ROGLIERI |
| Paul A. Levine |
| CoNextions Medical Inc. |
| 1:2024cv00055 |
| January 12, 2024 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Christian F Hummel |
| Daniel J Stewart |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 19, 2024. A more recent docket listing may be available from PACER.
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| Filing 150 TRANSCRIPT REQUEST by Prime Capital Ventures, LLC for proceedings held on 02/15/2024 before Judge Mae A. D'Agostino.. (Van Tol, Pieter) |
| TEXT NOTICE OF FILING DEFICIENCY as to Berone Capital Equity Fund I, LP, Berone Capital Fund, LP, Berone Capital LLC, Berone Capital Partners LLC regarding the #148 Emergency MOTION for Temporary Restraining Order to Vacate Receivership as to Berone Defendants Only NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Exhibit B contains, routing number, auto debit number, misc. debit number, paycor official check number, electronic payable number, misc ACH number, centralized direct deposit number. Exhibit D contains customer account number, account numbers, routing numbers Notice of Filing Deficiency Deadline 3/14/2024 (khr) |
Filing 149
Order to Show Cause re #148 Motion to Vacate Receivership with Respect to Berone Defendants. ORDERED that Plaintiff or its respective attorneys show cause before this Court, at a term for the hearing of motions before Honorable Mae A. D'Agostino at the Courthouse thereof, located at 445 Broadway, Courtroom 5, Albany, New York, 12207 on Monday, the 18th day of March, 2024, at 1:00 PM, or as soon thereafter as counsel can be heard, why, pursuant to Rule 66 of the Federal Rules of Civil Procedure, the Order Appointing Permanent Receiver, dated January 24, 2024 (Dkt. No. #56 ), should not be vacated solely with respect to the Berone Defendants; and IT IS FURTHER ORDERED that any opposing papers in response to this Order to Show Cause shall be delivered no later than Wednesday, March 13, 2024, at 5:00 PM. Service shall be made by delivering the papers by e-mail to the Berone Defendants' counsel and by filing on PACER. The Berone Defendants shall have until Friday, March 15, 2024, at 5:00 PM to serve any reply papers upon the responding parties or their respective counsel by delivering the papers by e-mail and by filing on PACER. Signed by U.S. District Judge Mae A. D'Agostino on 3/8/2024. (dpk)
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| Filing 148 Emergency MOTION for Temporary Restraining Order to Vacate Receivership as to Berone Defendants Only by 405 Motorsports LLC, Berone Capital Equity Fund I, LP, Berone Capital Fund, LP, Berone Capital LLC, Berone Capital Partners LLC. (Attachments: #1 Declaration Declaration of Jeremiah Beguesse in Support of Motion to Vacate Receiver, #2 Declaration Declaration of Fabian Stone in Support of Motion to Vacate Receiver, #3 Exhibit(s) A - Emails, #4 Exhibit(s) B - Exemplar, #5 Exhibit(s) C - Email chain dated 1.17.2024-1.19.2024, #6 Exhibit(s) D - Letter dated 3.4.2024 from Bloomberg, #7 Exhibit(s) E - 3.4.204 letter from RBC Clearing & Custody, #8 Exhibit(s) F - Compass-Charlotte's Response in Opposition to Prime Capital's Motion for Bond in Bankruptcy action (23-11302-1-rel [ECF Doc #140]), #9 Declaration Declaration of Nicole L. Milone pursuant to Local Rule 7.1(e), #10 Exhibit(s) G - Notification pursuant to Local Rule 7.1(e), #11 Memorandum of Law Berone Defendants' Memorandum of Law in Support of Motion to Vacate Receiver)(Milone, Nicole) |
| Filing 147 RESPONSE in Opposition re #138 MOTION to Intervene filed by CoNextions Medical Inc.. filed by Prime Capital Ventures, LLC. (Van Tol, Pieter) |
| Filing 146 NOTICE OF APPEARANCE by Nicole Milone on behalf of 405 Motorsports LLC, Berone Capital Equity Fund I, LP, Berone Capital Fund, LP, Berone Capital LLC, Berone Capital Partners LLC (Milone, Nicole) |
| Filing 145 LETTER BRIEF in response to Text Order dated 2.15.2024 (ECF #139) by 405 Motorsports LLC, Berone Capital Equity Fund I, LP, Berone Capital Fund, LP, Berone Capital LLC, Berone Capital Partners LLC. (McNamara, Thomas) |
| Filing 144 LETTER BRIEF in response to the Courts text order of February 15, 2024 - Dkt. No. 139 by Commercial Capital Training Group, LLC, FUPME, LLC, NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC, Prime Capital Ventures, LLC, Prime Commercial Lending, LLC, THE FINANCE MARKETING GROUP. (Van Tol, Pieter) |
| Filing 143 LETTER BRIEF RE: Receiver's Letter in Response to Court's Text Order on Automatic Stay by Paul A. Levine. (Levine, Paul) |
| Filing 142 LETTER BRIEF in response to Text Order [Docket 139] concerning application of bankruptcy automatic stay by Compass-Charlotte 1031, LLC. (Esser, Will) |
| Filing 141 LETTER BRIEF in Response to Text Order [Docket No. 139] by TINA M. ROGLIERI. (Culnan, Brian) |
| Filing 140 LETTER BRIEF RE: Response to Text Order on Ownership of Accounts by Receiver's Counsel by Paul A. Levine. (Damin, Peter) |
| TEXT NOTICE OF FILING DEFICIENCY as to CoNextions Medical Inc. regarding the #138 MOTION to Intervene filed by CoNextions Medical Inc.. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Exhibit C contain bank account numbers Notice of Filing Deficiency Deadline 2/22/2024 (khr) |
| TEXT NOTICE OF FILING DEFICIENCY as to CoNextions Medical Inc. regarding the #138 MOTION to Intervene filed by CoNextions Medical Inc.. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Exhibit A contains bank account number and routing number Notice of Filing Deficiency Deadline 2/22/2024 (khr) |
| CLERK'S CORRECTION OF DOCKET ENTRY Re #138 Motion to Intervene: Redacted copies of attachment #2 Exhibit A and Exhibit C have been uploaded and attached to Docket #138 . The redacted copies of Exhibits A and C are now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule5.2 (khr) |
| Filing 139 TEXT ORDER in response to a show cause hearing held on February 15, 2024. The Receiver is ORDERED to file a letter with the Court delineating who owns each of the bank accounts set forth in his Emergency Motion and related proposed show cause order (Dkt. No. 72). All parties are ORDERED to file a letter with the Court, no longer than two pages, setting forth their argument as to whether an automatic stay in bankruptcy court against Third-Party Defendant Kris D. Roglieri would apply to Defendant Prime Capital Ventures, LLC and the named Third-Party Defendant entities that Kris D. Roglieri solely owns and operates. The parties should file those letters no later than Tuesday, February 20, 2024, at 5:00PM. The Court notes that the Second Circuit has long held that, even when the debtor is not a named party in an action, [i]f action taken against the non-bankrupt party would inevitably have an adverse impact on property of the bankrupt estate, then such action should be barred by the automatic stay. In re Fogarty, 39 F.4th 62, 75 (2d Cir. 2022) (quoting In re 48th St. Steakhouse, Inc., 835 F.2d 427, 430 (2d Cir. 1987)). Additionally, [t]he application of the stay to actions against non-debtors is limited... to actions with an adverse impact on a debtor that occurs by operation of law. The automatic stay does not bar actions taken against third parties that are only factually likely, as opposed to legally certain, to impact estate property. Id. (quoting Picard v. Fairfield Greenwich Ltd., 762 F.3d 199, 206 (2d Cir. 2014)). The parties letters should address whether any action in this case would impact Kris Roglieris estate in the bankruptcy proceeding whether he remains as a Third-Party Defendant or is dismissed from the action. Signed by U.S. District Judge Mae A. D'Agostino on 2/15/2024.(ban) |
| Filing 138 MOTION to Intervene filed by CoNextions Medical Inc.. Response to Motion due by 3/7/2024 (Attachments: #1 Memorandum of Law, #2 Exhibit(s) A [Proposed] Intervenor Complaint with Exhibits A-C) Motions referred to Christian F. Hummel. (McGuirk, Richard) (Additional attachment(s) added on 2/16/2024: #3 Redacted Exhibits A and C) (khr, ). |
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Filing 137
TEXT ORDER granting #99 Motion for Limited Admission Pro Hac Vice for Cesarina da Parma, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 2/15/2024. (tab)
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| Filing 136 SUGGESTION OF BANKRUPTCY Upon the Record as to Kris Daniel Roglieri by KRIS D. ROGLIERI. (Attachments: #1 Exhibit A - Debtor's Voluntary Petition)(Van Tol, Pieter) |
| TEXT Minute Entry for the Order To Show Cause Hearing held on 2/15/2024 before the Hon. Mae A. D'Agostino: Appearances by Paul Levine, Esq./Receiver; Peter Damin, Esq. and Robert Lippman, Esq. for the Receiver/Third Party Pltf.; Christopher Fenlon, Esq., James Tuxbury, Esq., and Will Esser, Esq. for the plaintiffs; Pieter H.B. Van Tol, III, Esq. for the Prime defendants; Tyler Maulsby, Esq. for Interested Party Hogan Lovells US LLP; Thomas McNamara, Esq. for the Berone defendants; and Brian Culnan, Esq. for Tina Roglieri: Judge D'Agostino addresses defense counsel regarding the suggestion of bankruptcy filed today at 1:00 p.m.; The Receiver moves to dismiss Kris Roglieri without prejudice as a third party defendant in this action. No decision will be entered today. (Court Reporter Jacqueline Stroffolino, CRD Britney Norton [Time 2:32 p.m. - 3:28 p.m.]) (ban) |
| Set Deadlines: Letter Briefs, not to exceed 2 pages, due by 2/20/2024 by 5:00 p.m.. (ban) |
| Filing 135 MEMORANDUM OF LAW re #67 Motion to Disqualify Counsel,, Sur-Reply Brief in Opposition filed by Hogan Lovells US LLP. (Maulsby, Tyler) |
| Filing 134 AFFIDAVIT in Opposition re #67 MOTION to Disqualify Counsel filed by Compass-Charlotte 1031, LLC. Sur-Reply Declaration of Tyler Maulsby filed by Hogan Lovells US LLP. (Attachments: #1 Exhibit(s) 1)(Maulsby, Tyler) |
| Filing 133 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by 405 Motorsports LLC, Berone Capital Equity Fund I, LP, Berone Capital Fund, LP, Berone Capital LLC, Berone Capital Partners LLC. (McNamara, Thomas) |
| Filing 132 REPLY to Response to Motion re #118 Emergency MOTION for Temporary Restraining Order and for a Stay of Litigation Against Receivership Assets with a Reply Memorandum of Law in Further Support of Receiver's Request for Stay of Litigation Against Receivership Assets and with Regard to Attachment Applying to Shark Ventures LLC filed by Paul A. Levine. (Attachments: #1 Declaration Permanent Receiver's Reply Declaration Responding to Matters Set Forth in Third-Party Defendants' Memorandum of Law Regarding Motion for Anti-Litigation Injunction)(Levine, Paul) |
| Filing 131 LETTER BRIEF in response to third-party defendants' letter motion to strike Receiver's declaration by Paul A. Levine. (Levine, Paul) |
| Filing 130 Letter Motion from Pieter Van Tol for Commercial Capital Training Group, LLC, FUPME, LLC, KIMBERLY A. HUMPHREY, NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC, Prime Capital Ventures, LLC, Prime Commercial Lending, LLC, KRIS D. ROGLIERI, THE FINANCE MARKETING GROUP requesting that the Court disregard the Declaration of Paul A. Levine dated February 12, 2024 #121 for violation of the Local Rules and the Individual Rules and Practices submitted to Judge Mae A. DAgostino . (Van Tol, Pieter) |
| Filing 129 RESPONSE to Motion re #118 Emergency MOTION for Temporary Restraining Order and for a Stay of Litigation Against Receivership Assets filed by Commercial Capital Training Group, LLC, FUPME, LLC, KIMBERLY A. HUMPHREY, NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC, Prime Capital Ventures, LLC, Prime Commercial Lending, LLC, KRIS D. ROGLIERI, THE FINANCE MARKETING GROUP. (Attachments: #1 Declaration of Pieter Van Tol, #2 Exhibit A - Letter sent to the Receiver on February 13, 2024)(Van Tol, Pieter) |
| Filing 128 RESPONSE in Opposition re #118 Emergency MOTION for Temporary Restraining Order and for a Stay of Litigation Against Receivership Assets (Declaraton of Jeremiah Beguesse) filed by 405 Motorsports LLC, Berone Capital Equity Fund I, LP, Berone Capital Fund, LP, Berone Capital LLC, Berone Capital Partners LLC. (Attachments: #1 Exhibit(s) A- Letter dated 01.17.2024, #2 Exhibit(s) B - Emails, #3 Declaration of Fabian Stone in Partial Opposition to Anti-Litigation Injunction with Respect to the Berone Defendants, #4 Exhibit(s) C- Exemplar, #5 Memorandum of Law Memorandum of Law in Partial Opposition to Anti-Litigation Injunction with Repsect to the Berone Defendants)(McNamara, Thomas) |
| Filing 127 SUMMONS Returned Executed by Paul A. Levine. THE FINANCE MARKETING GROUP served on 2/2/2024, answer due 2/23/2024. (Levine, Paul) |
| Filing 126 TEXT ORDER granting #123 Letter Motion from Receiver for Paul A. Levine requesting an Extension of time/regarding delay in filing reply : It is hereby ORDERED that the receivers request that the Court accept the late filing of #121 Reply to Response to Motion, is GRANTED. Although the filing was filed 1 hour and 8 minutes past the 5:00 p.m. deadline on 2/12/24, the Court does not see a prejudice to any party and will accept the filing as filed at docket entry no. #121 Reply in Response to Motion. Signed by U.S. District Judge Mae A. D'Agostino on 02/13/2024. (ban) |
| Filing 125 SUMMONS Returned Executed by Paul A. Levine. KIMBERLY A. HUMPHREY served on 2/5/2024, answer due 2/26/2024. (Levine, Paul) |
| Filing 124 SUMMONS Returned Executed by Paul A. Levine. KRIS D. ROGLIERI served on 2/2/2024, answer due 2/23/2024. (Lippman, Robert) |
| Filing 123 Letter Motion from Receiver for Paul A. Levine requesting Extension of time submitted to Judge D'Agostino regarding delay in filing reply. (Levine, Paul) |
| Filing 122 Pre-Motion Response to #115 Pre-Motion Letter by Commercial Capital Training Group, LLC, FUPME, LLC, KIMBERLY A. HUMPHREY, NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC, Prime Commercial Lending, LLC, KRIS D. ROGLIERI, THE FINANCE MARKETING GROUP requesting a pre-motion confe rence. (Lippman, Robert) |
| Filing 121 REPLY to Response to Motion re #72 Emergency MOTION for Temporary Restraining Order Restraining Third-Party Defendants from Making Payments, Distributions or Otherwise Withdrawing or Encumbering Funds to Themselves, to Each Other, or to Their Respective Affiliates and/or Family MembeEmergency MOTION for Preliminary Injunction Enjoining Third-Party Defendants from Transferring, Selling, Disposing of or Encumbering any of the Real Estate, Personal Property or Other Tangible Assets in Their Possession or to Which They Hold Title, Reply Memorandum of Law in Further Support of his Motion for Injunctive Relief, Including Attachment Pursuant to Fed. R. Civ. P. 64 and Expedited Discovery of Third-Party Defendants filed by Paul A. Levine. (Attachments: #1 Declaration Permanent Receiver's Declaration in Further Support of his Motion for Injunctive Relief, Including Attachment Pursuant to Fed. R. Civ. P. 64 and Expedited Discovery of Third-Party Defendants with Exhibits A-F)(Lippman, Robert) |
| Filing 120 TEXT ORDER granting #116 Letter Motion requesting to file a sur-reply: It is hereby ORDERED that the sur-reply should be no longer than five-to-seven pages, filed with the Court no later than 02/14/2024. Signed by U.S. District Judge Mae A. D'Agostino on 02/12/2024.(ban) |
| Filing 119 REPLY to Response to Motion re #70 Emergency MOTION to Shorten Time and Set Briefing Schedule on Motion to Stay filed by Prime Capital Ventures, LLC. filed by Prime Capital Ventures, LLC. (Attachments: #1 Declaration of PIETER VAN TOL)(Van Tol, Pieter) |
| Filing 118 Emergency MOTION for Temporary Restraining Order and for a Stay of Litigation Against Receivership Assets by Paul A. Levine. (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Receiver's Request for Stay of Litigation Against Receivership Assets, #2 Declaration Local Rule 7.1(e) Declaration of Robert A. Lippman, Esq. in Support of Order to Show Cause, #3 Exhibit(s) Exhibit A to Local Rule 7.1(e) Declaration of Robert A. Lippman, Esq. in Support of Order to Show Cause)(Lippman, Robert) |
| Filing 117 NOTICE OF APPEARANCE by Thomas J. McNamara on behalf of 405 Motorsports LLC, Berone Capital Equity Fund I, LP, Berone Capital Fund, LP, Berone Capital LLC, Berone Capital Partners LLC (McNamara, Thomas) |
| Filing 116 Letter Motion from Tyler Maulsby for Hogan Lovells US LLP requesting permission to file sur-reply in further opposition to motion to disqualify (Dkt. 67) submitted to Judge D'Agostino . (Maulsby, Tyler) |
| Filing 115 Pre-Motion Letter by Commercial Capital Training Group, LLC, FUPME, LLC, KIMBERLY A. HUMPHREY, NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC, Prime Commercial Lending, LLC, KRIS D. ROGLIERI, THE FINANCE MARKETING GROUP requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 2/12/2024 (Van Tol, Pieter) |
| Filing 114 NOTICE OF APPEARANCE by Peter W. Bautz on behalf of Commercial Capital Training Group, LLC, FUPME, LLC, KIMBERLY A. HUMPHREY, NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC, Prime Commercial Lending, LLC, KRIS D. ROGLIERI, THE FINANCE MARKETING GROUP (Bautz, Peter) |
| Filing 113 AFFIDAVIT of Service of Affirmation by TINA M. ROGLIERI. (Culnan, Brian) |
| Filing 112 CERTIFICATE OF SERVICE by Paul A. Levine re #111 Response in Support of Motion (Levine, Paul) |
| Filing 111 RESPONSE in Support re #67 MOTION to Disqualify Counsel filed by Compass-Charlotte 1031, LLC. Permanent Receivers Joinder To Plaintiffs Motion To Disqualify Hogan Lovells US LLP filed by Paul A. Levine. (Levine, Paul) |
| Filing 110 TEXT ORDER striking #109 Motion to Dismiss for Failure to State a Claim/Lack of Subject Matter Jurisdiction: It is hereby ORDERED that the Third Party Defendants #109 Motion to Dismiss for Failure to State a Claim/Lack of Subject Matter Jurisdiction, filed with the Court on 2/7/24, is ORDERED STRICKEN for failure to adhere to the Courts Individual Rules of Practice. This Court's Individual Rules of Practice require that a pre-motion letter be filed and a conference be held, before the filing of any dispositive motion. As the motion is being Stricken, it will not be considered by the Court. Signed by U.S. District Judge Mae A. D'Agostino on 02/08/2024. (ban) |
| TEXT NOTICE OF FILING DEFICIENCY as to Commercial Capital Training Group, LLC, FUPME, LLC, KIMBERLY A. HUMPHREY, NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC, Prime Commercial Lending, LLC, KRIS D. ROGLIERI, THE FINANCE MARKETING GROUP regarding the #103 Response in Opposition to Motion,,,, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. Attorney Christopher Bryant and Attorney Peter Bautz need to file a Notice of Appearance for the Third-Party Defendants Notice of Filing Deficiency Deadline 2/12/2024 (khr) |
| Filing 109 MOTION to Dismiss for Failure to State a Claim the Third-Party Complaint - ECF No. #71 filed by Commercial Capital Training Group, LLC, FUPME, LLC, KIMBERLY A. HUMPHREY, NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC, Prime Commercial Lending, LLC, KRIS D. ROGLIERI, THE FINANCE MARKETING GROUP. Motion returnable before Judge Mae A. D'Agostino, MOTION to Dismiss for Lack of Subject Matter Jurisdiction the Third-Party Complaint - ECF No. #71 filed by Commercial Capital Training Group, LLC, FUPME, LLC, KIMBERLY A. HUMPHREY, NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC, Prime Commercial Lending, LLC, KRIS D. ROGLIERI, THE FINANCE MARKETING GROUP. Motion returnable before Judge Mae A. D'Agostino Response to Motion due by 2/28/2024. Reply to Response to Motion due by 3/6/2024 (Attachments: #1 Memorandum of Law) (Van Tol, Pieter) |
| Filing 108 CERTIFICATE OF SERVICE by Paul A. Levine re #107 Status Report (Levine, Paul) |
| Filing 107 STATUS REPORT Re: Third Report of Permanent Receiver by Paul A. Levine. (Levine, Paul) |
| Filing 106 RESPONSE in Opposition re #70 Emergency MOTION to Shorten Time and Set Briefing Schedule on Motion to Stay filed by Prime Capital Ventures, LLC. Opposition to Motion for Stay of Order Appointing Receiver filed by Compass-Charlotte 1031, LLC. (Attachments: #1 Declaration Declaration of James L. Tuxbury, Esq., #2 Exhibit(s) Ex. A - Arbitration Demand, #3 Exhibit(s) Ex. B. - Email of Parties' Discussions re Arbitration, #4 Exhibit(s) Ex. C - Email re FBI raid, #5 Declaration Declaration of Matthew A. Fistonich on behalf of SP Harbor QOZB LP)(Fenlon, Christopher) |
| Filing 105 REPLY to Response to Motion re #67 MOTION to Disqualify Counsel filed by Compass-Charlotte 1031, LLC. Reply Brief in Further Support of Motion to Disqualify Hogan Lovells US LLP filed by Compass-Charlotte 1031, LLC. (Attachments: #1 Declaration Declaration of William L. Esser IV, Esq., #2 Exhibit(s) Ex. 1 - Camshaft First Lawsuit Against Prime, #3 Exhibit(s) Ex. 2 - Byju's Hid $533 Million Article, #4 Exhibit(s) Ex. 3 - Camshaft Emergency Motion for Injunction, #5 Exhibit(s) Ex. 4 - Camshaft Second Motion for Preliminary Injunction, #6 Exhibit(s) Ex. 5 - Hogan US Attorney Email)(Fenlon, Christopher) |
| Filing 104 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Commercial Capital Training Group, LLC, FUPME, LLC, KIMBERLY A. HUMPHREY, NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC, Prime Commercial Lending, LLC, KRIS D. ROGLIERI, THE FINANCE MARKETING GROUP. (Van Tol, Pieter) |
| Filing 103 RESPONSE in Opposition re #72 Emergency MOTION for Temporary Restraining Order Restraining Third-Party Defendants from Making Payments, Distributions or Otherwise Withdrawing or Encumbering Funds to Themselves, to Each Other, or to Their Respective Affiliates and/or Family MembeEmergency MOTION for Preliminary Injunction Enjoining Third-Party Defendants from Transferring, Selling, Disposing of or Encumbering any of the Real Estate, Personal Property or Other Tangible Assets in Their Possession or to Which They Hold Title, filed by Kimberly A. Humphrey, Prime Commercial Lending, LLC, Commercial Capital Training Group, LLC, The Finance Marketing Group, National Alliance of Commercial Loan Brokers LLC, FUPME, LLC and Kris D. Roglieri . (Attachments: #1 Declaration of Pieter Van Tol, #2 Exhibit(s) 1 - Email communications, #3 Exhibit(s) 2 - Email communications, #4 Exhibit(s) 3 - Email sent by the Receiver, #5 Exhibit(s) 4 - Email communications)(Van Tol, Pieter) Modified on 2/7/2024 (hmr, ). |
| Filing 102 NOTICE by Paul A. Levine re #100 Notice (Other) Amended Letter to J. D'Agostino in Opposition to Prime Capital's Emergency Motion for Stay of the Order Appointing the Receiver. (Levine, Paul) |
| Filing 101 RESPONSE TO ORDER TO SHOW CAUSE filed by TINA M. ROGLIERI. (Culnan, Brian) |
| Filing 100 NOTICE by Paul A. Levine re 73 Order Setting Hearing on Motion, Letter to J. D'Agostino in Opposition to Prime Capital's Emergency Motion for Stay of the Order Appointing the Receiver. (Levine, Paul) |
| Filing 99 MOTION for Limited Admission Pro Hac Vice of Cesarina da Parma for Non-Party Hogan Lovells US LLP Filing fee $100, receipt number ANYNDC-6609190. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Tyler Maulsby, #2 Attorney Registration Form, #3 Petition for Admission, #4 Certificate of Good Standing) Motions referred to Christian F. Hummel. (Maulsby, Tyler) |
| Filing 98 NOTICE OF ADMISSION REQUIREMENT as to Party Interested Party -Hogan Lovells; Attorney Cesarina da Parma, Email address is cdaparma@fkks.com. Phone number is 212-980-0120. Admissions due by 2/21/2024. (khr)(Emailed copy to attorney on 2/27/2024) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #103 Response in Opposition to Motion: Per a telephone from Attorney Pieter Van Tol's Office, Clerk corrected the filer from Prime Capital Venture, LLC to Kimberly A. Humphrey, Prime Commercial Lending, LLC, Commercial Capital Training Group, LLC, The Finance Marketing Group, National Alliance of Commercial Loan Brokers LLC, FUPME, LLC and Kris D. Roglieri - Correct Filers. Prime Capital Venture, LLC was selected in error. (hmr) |
| Filing 97 ANSWER to #1 Complaint,,,, by 405 Motorsports LLC, Berone Capital Equity Fund I, LP, Berone Capital Fund, LP, Berone Capital LLC, Berone Capital Partners LLC.(Mayall, Jaspreet) |
| Filing 96 NOTICE OF APPEARANCE by Jaspreet S. Mayall on behalf of 405 Motorsports LLC, Berone Capital Equity Fund I, LP, Berone Capital Fund, LP, Berone Capital LLC, Berone Capital Partners LLC (Mayall, Jaspreet) |
| Filing 95 NOTICE OF APPEARANCE by Peter A. Pastore on behalf of TINA M. ROGLIERI (Pastore, Peter) |
| Filing 94 NOTICE OF APPEARANCE by Brian M. Culnan on behalf of TINA M. ROGLIERI (Culnan, Brian) |
| Filing 93 MEMORANDUM OF LAW re #67 Motion to Disqualify Counsel,, Memorandum of Law in Opposition filed by Hogan Lovells US LLP. (Maulsby, Tyler) |
| Filing 92 AFFIDAVIT in Opposition re #67 MOTION to Disqualify Counsel filed by Compass-Charlotte 1031, LLC. Declaration of Tyler Maulsby in Opposition filed by Hogan Lovells US LLP. (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, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K)(Maulsby, Tyler) |
| Filing 91 NOTICE OF APPEARANCE by Matthew F. Kye on behalf of SP Harbor QOZB, LP (Kye, Matthew) |
| TEXT NOTICE OF FILING DEFICIENCY regarding the #90 Notice (Other) NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Please redact all personal residence addresses throughout documents filed (Exhibits). Notice of Filing Deficiency Deadline 2/8/2024 (egr) |
| Filing 90 NOTICE by Paul A. Levine re #72 Emergency MOTION for Temporary Restraining Order Restraining Third-Party Defendants from Making Payments, Distributions or Otherwise Withdrawing or Encumbering Funds to Themselves, to Each Other, or to Their Respective Affiliates and/or Family MembeEmergency MOTION for Preliminary Injunction Enjoining Third-Party Defendants from Transferring, Selling, Disposing of or Encumbering any of the Real Estate, Personal Property or Other Tangible Assets in Their Possession or to Which They Hold Title, Supplemental Declaration of Paul A. Levine, Esq. (Attachments: #1 Exhibit(s) Exhibits A-C to Supplemental Declaration of Paul A. Levine, Esq., #2 Exhibit(s) Exhibits D-H to Supplemental Declaration of Paul A. Levine, Esq.)(Levine, Paul) |
| Filing 89 SUMMONS Returned Executed by Paul A. Levine. Commercial Capital Training Group, LLC served on 2/1/2024, answer due 2/22/2024. (Levine, Paul) |
| Filing 88 SUMMONS Returned Executed by Paul A. Levine. FUPME, LLC served on 2/1/2024, answer due 2/22/2024. (Levine, Paul) |
| Filing 87 SUMMONS Returned Executed by Paul A. Levine. NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC served on 2/1/2024, answer due 2/22/2024. (Levine, Paul) |
| Filing 86 SUMMONS Returned Executed by Paul A. Levine. Prime Commercial Lending, LLC served on 2/1/2024, answer due 2/22/2024. (Levine, Paul) |
| Filing 85 AFFIDAVIT of Service for Verified Third-Party Complaint with Exhibits A-H; Order to Show Cause for Attachment and Expedited Discovery; Memorandum of Law in Support of Receivers Request for Injunctive Relief, Including Attachment pursuant to Fed. R. Civ. P. 64 and Expedited Discovery of Third-Party Defendants; and Local Rule 7.1(e) Declaration of Robert A. Lippman, Esq. by Electronic Mail served on Kris D. Roglieri, Tina M. Roglieri, Kimberly Kimmy Humphrey, William Esser, Esq., Fabian Stone and Jeremiah Beguesse on January 31, 2024, filed by Paul A. Levine. (Lippman, Robert) |
| Filing 84 AFFIDAVIT of Service for Verified Third-Party Complaint with Exhibits A-H; Order to Show Cause for Attachment and Expedited Discovery; Memorandum of Law in Support of Receivers Request for Injunctive Relief, Including Attachment pursuant to Fed. R. Civ. P. 64 and Expedited Discovery of Third-Party Defendants; and Local Rule 7.1(e) Declaration of Robert A. Lippman, Esq. by UPS Overnight served on Tina M. Roglieri, Kimberly Kimmy Humphrey, Prime Capital Ventures, LLC, Prime Commercial Lending, LLC, Commercial Capital Training Group, The Finance Marketing Group, National Alliance of Commercial Loan Brokers, FUPME, LLC, A Registered Agent, Inc. and Sunshine Corporate Filings LLC on January 31, 2024, filed by Paul A. Levine. (Lippman, Robert) |
| Filing 83 TRANSCRIPT of Proceedings: Order to Show Cause Hearing held on January 22, 2024, before Judge Mae A. D'Agostino, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/22/2024. Redacted Transcript Deadline set for 3/4/2024. Release of Transcript Restriction set for 5/1/2024. Notice of Intent to Redact due by 2/6/2024 (lt, ) |
| Filing 82 NOTICE OF APPEARANCE by Jon T. Powers on behalf of Piper Capital Funding LLC (Powers, Jon) |
| Filing 81 NOTICE OF APPEARANCE by Peter W. Bautz on behalf of Prime Capital Ventures, LLC (Bautz, Peter) |
| Filing 80 Third-Party Summons Issued as to Commercial Capital Training Group, LLC. (Attachments: #1 Third-Party Summons as to FUPME, LLC, #2 Third-Party Summons issued as to Kimberly Humphrey, #3 Third-Party Summons issued as to Kris Roglieri, #4 Third-Party Summons issued as to National Alliance of Commercial Loan Brokers, #5 Third-Party Summons issued as to Prime Commercial Lending, #6 Third-Party Summons issued as to The Finance Marketing Group, #7 Third-Party Summons issued as to Tina Roglieri)(khr) |
| Filing 79 REQUEST FOR ISSUANCE OF SUMMONS(ES): Paul A. Levine is requesting summons(es) be issued as to Commercial Capital Training Group, LLC, FUPME, LLC, KIMBERLY A. HUMPHREY, NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC, Prime Commercial Lending, LLC, TINA M. ROGLIERI, THE FINANCE MARKETING GROUP, KRIS D. ROGLIERI re: #71 Third Party Complaint,. (Attachments: #1 Proposed Summons Summons on a Third-Party Complaint for Tina M. Roglieri, #2 Proposed Summons Summons on a Third-Party Complaint for Kimberly A. Humphrey a/k/a Kimmy Humphrey, #3 Proposed Summons Summons on a Third-Party Complaint for Prime Commercial Lending, LLC, #4 Proposed Summons Summons on a Third-Party Complaint for Commercial Capital Training Group, #5 Proposed Summons Summons on a Third-Party Complaint for the Finance Marketing Group, #6 Proposed Summons Summons on a Third-Party Complaint for National Alliance of Commercial Loan Brokers LLC, #7 Proposed Summons Summons on a Third-Party Complaint for FUPME, LLC)(Lippman, Robert) |
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Filing 78
ORDER TO SHOW CAUSE for Temporary Restraining Order and Expedited Discovery re #72 Emergency Motion: IT IS ORDERED that Third-Party Defendants show cause before the Honorable Mae A. D'Agostino at the James T. Foley Courthouse, 445 Broadway, Albany, New York, on Thursday, February 15, 2024 at 2:30 PM, or as soon thereafter as counsel can be heard, as to why an Order should not be entered ordering pre-judgment attachment pursuant to Rule 64 of the Federal Rules of Civil Procedure and authorizing the Receiver to take expedited discovery. IT IS FURTHER ORDERED that, pending the hearing on the Receivers Emergency Motion and until further order of the Court, the Third-Party Defendants are temporarily restrained from withdrawing or encumbering funds to themselves, to each other, or to their respective affiliates and/or family members from any bank accounts where Third-Party Plaintiff Prime Capital Ventures, LLC, or any Third-Party Defendant herein deposited, held or received in connection with loan financing to Primes Borrowers. IT IS FURTHER ORDERED Third-Party Defendants are hereby temporarily restrained from transferring, selling, disposing or encumbering the property listed in this Show Cause Order. IT IS FURTHER ORDERED Third-Party Defendants shall not destroy, alter or conceal any records. IT IS FURTHER ORDERED that service of a copy of the Verified Third-Party Complaint, this Order to Show Cause, and supporting papers, upon Third-Party Defendants in the manner set forth in this Order as soon as possible, but no later than Friday, February 2, 2024 shall be deemed good and sufficient service thereof. IT IS FURTHER ORDERED that Third-Party Defendants shall file and serve any opposing papers in response to the Order to Show Cause no later than Wednesday, February 7, 2024 at 5:00 PM. The Receiver shall have until Monday, February 12, 2024 at 5:00 PM to file and serve any reply papers. Signed by U.S. District Judge Mae A. D'Agostino on 1/30/2024.(ban)
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| Filing 77 LETTER BRIEF Re: Response to letter filed on behalf of Prime Capital Ventures LLC (Doc. 74) by Paul A. Levine. (Levine, Paul) |
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Filing 76
TEXT ORDER granting #69 Motion for Limited Admission Pro Hac Vice of Peter W. Bautz, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 1/30/2024. (tab)
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| Filing 75 CERTIFICATE OF SERVICE by Paul A. Levine re #72 Emergency MOTION for Temporary Restraining Order Restraining Third-Party Defendants from Making Payments, Distributions or Otherwise Withdrawing or Encumbering Funds to Themselves, to Each Other, or to Their Respective Affiliates and/or Family MembeEmergency MOTION for Preliminary Injunction Enjoining Third-Party Defendants from Transferring, Selling, Disposing of or Encumbering any of the Real Estate, Personal Property or Other Tangible Assets in Their Possession or to Which They Hold Title, (Lippman, Robert) |
| Filing 74 RESPONSE to Motion re #72 Emergency MOTION for Temporary Restraining Order Restraining Third-Party Defendants from Making Payments, Distributions or Otherwise Withdrawing or Encumbering Funds to Themselves, to Each Other, or to Their Respective Affiliates and/or Family MembeEmergency MOTION for Preliminary Injunction Enjoining Third-Party Defendants from Transferring, Selling, Disposing of or Encumbering any of the Real Estate, Personal Property or Other Tangible Assets in Their Possession or to Which They Hold Title, filed by Prime Capital Ventures, LLC. (Van Tol, Pieter) |
| Filing 73 TEXT ORDER setting deadlines to respond to Defendant Prime Capital Ventures, LLCs motion (Dkt. No. 70). Plaintiff Compass-Charlotte 1031, LLC is ordered to file a response no later than Wednesday, February 7, 2023. Prime Capital Ventures, LLC may file a reply no later than Monday, February 12, 2023. Signed by U.S. District Judge Mae A. D'Agostino on 1/30/2024. (ban) |
| TEXT NOTICE OF FILING DEFICIENCY as to Paul A. Levine regarding the #71 Third Party Complaint, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons(es) were not included with the Complaint. Counsel is directed to file proposed summons(es) on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Need Third-Party Summonses Notice of Filing Deficiency Deadline 2/2/2024 (khr) |
| Filing 72 Emergency MOTION for Temporary Restraining Order Restraining Third-Party Defendants from Making Payments, Distributions or Otherwise Withdrawing or Encumbering Funds to Themselves, to Each Other, or to Their Respective Affiliates and/or Family Members Obtained from any Prime Capital Ventures, LLC's Bank Accounts and, Emergency MOTION for Preliminary Injunction Enjoining Third-Party Defendants from Transferring, Selling, Disposing of or Encumbering any of the Real Estate, Personal Property or Other Tangible Assets in Their Possession or to Which They Hold Title, Which Were Purchased with Monies from ICA Accounts filed by Paul A. Levine. Motion returnable before Judge MAD/CFH by Paul A. Levine. (Attachments: #1 Declaration Declaration of Robert A. Lippman, Esq. with Exhibit "A", #2 Proposed Order/Judgment Proposed Order to Show Cause for Attachment Pursuant to Rule 64)(Lippman, Robert) |
| Filing 71 THIRD PARTY COMPLAINT Paul A. Levine, Esq. as Receiver for Prime Capital Ventures, LLC against KRIS D. ROGLIERI, TINA M. ROGLIERI, KIMBERLY A. HUMPHREY, Prime Commercial Lending, LLC, Commercial Capital Training Group, LLC, THE FINANCE MARKETING GROUP, NATIONAL ALLIANCE OF COMMERCIAL LOAN BROKERS LLC, FUPME, LLC filed by Paul A. Levine. (Attachments: #1 Exhibit(s) Exhibits A-H to Verified Third-Party Complaint)(Lippman, Robert) |
| Filing 70 Emergency MOTION to Shorten Time and Set Briefing Schedule on Motion to Stay filed by Prime Capital Ventures, LLC. (Attachments: #1 Memorandum of Law, #2 Declaration of Pieter Van Tol, #3 Exhibit A - Docket, #4 Exhibit B - Transcript, #5 Exhibit C - Email) (Van Tol, Pieter) Modified on 1/30/2024 (ban). Modified on 1/31/2024 (ban). |
| Filing 69 MOTION for Limited Admission Pro Hac Vice of Peter W. Bautz Filing fee $100, receipt number ANYNDC-6596626. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Sponsor Pieter Van Tol, #2 Attorney E-Filing Registration Form, #3 Petition for Admission of Peter W. Bautz, #4 Certificate of Good Standing - NY, #5 Certificate of Good Standing - MI, #6 Proposed Order) Motions referred to Christian F. Hummel. (Van Tol, Pieter) |
| Filing 68 TEXT ORDER in response to Defendant Prime Capital Ventures, LLCs filing of an Interlocutory Appeal (Dkt. No. 60). Discovery is stayed pending the Second Circuits resolution of the appeal. See Coinbase, Inc. v. Bielski, 599 U.S. 736, 744 (2023) (explaining that an automatic stay of district court proceedings that relate to any aspect of the case involved in the appeal is required). However, the appointment of the receiver is not stayed. See Fed. R. Civ. P. 62 (Unless the court orders otherwise, the following are not stayed after being entered, even if an appeal is taken: (1) an interlocutory or final judgment in an action for an injunction or receivership). The Court also retains jurisdiction to decide Plaintiff Compass-Charlotte 1031, LLCs motion to disqualify (Dkt. No. 67) as it does not relate to the interlocutory appeal. Signed by U.S. District Judge Mae A. D'Agostino on 1/29/2024. (ban) |
| Filing 67 MOTION to Disqualify Counsel filed by Compass-Charlotte 1031, LLC. Response to Motion due by 2/16/2024 (Attachments: #1 Memorandum of Law, #2 Declaration James L. Tuxbury, #3 Exhibit(s) A - Camshaft Complaint, #4 Exhibit(s) B - December 4 email, #5 Exhibit(s) C - Camshaft Motion for final judgment, #6 Exhibit(s) D - Camshaft docket, #7 Exhibit(s) E - Dec 30 email, #8 Exhibit(s) F - Jan 23 email, #9 Exhibit(s) G - Jan 24 email, #10 Exhibit(s) H - Hearing transcript) (Fenlon, Christopher) Modified on 1/30/2024 (ban). |
| Filing 66 CERTIFICATE OF SERVICE by Paul A. Levine re #65 Status Report (Levine, Paul) |
| Filing 65 STATUS REPORT Re: Amended Second Report of Temporary Receiver by Paul A. Levine. (Levine, Paul) |
| Filing 64 NOTICE OF APPEARANCE by Tyler Maulsby on behalf of Hogan Lovells US LLP (Maulsby, Tyler) |
| Filing 63 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #60 Notice of Appeal. (khr) |
| Filing 62 CERTIFICATE OF SERVICE by Paul A. Levine re #61 Status Report (Levine, Paul) |
| Filing 61 STATUS REPORT Re: Second Report of Temporary Receiver by Paul A. Levine. (Levine, Paul) |
| Filing 60 INTERLOCUTORY APPEAL as to #56 Order on Letter Request,,,,,,,,, Order on Motion for Preliminary Injunction,,,,,,,,, Order on Motion to Vacate,,,,,,,, by Prime Capital Ventures, LLC. Filing fee $ 605, receipt number ANYNDC-6594293. (Van Tol, Pieter) Modified on 1/26/2024 (khr). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #60 Notice of Appeal. Changed the Text to indicate this is an Interlocutory Appeal. (khr) |
| Filing 59 RESPONSE TO LETTER BRIEF filed by Paul A. Levine as to #58 Letter Request/Motion, filed by Prime Capital Ventures, LLC RE: Receiver's Objection to Stay Discovery. (Damin, Peter) |
| Filing 58 Letter Motion from Pieter Van Tol for Prime Capital Ventures, LLC requesting a stay of expedited discovery during the pendency of Prime Capital's motion to compel and dismiss Plaintiff's claims against Prime Capital because of a valid and binding arbitration agreement between Plaintiff and Prime Capital, ECF No. #12 submitted to Judge Christian F. Hummel . (Van Tol, Pieter) |
| Filing 57 REPLY to Response to Motion re #12 Emergency MOTION to Vacate EX PARTE ORDER REGARDING INTERIM RECEIVER AND EXPEDITED DISCOVERY; (2) DISMISS COMPLAINT; AND (3) COMPEL ARBITRATION, AND IN OPPOSITION TO PLAINTIFF'S EMERGENCY MOTION filed by Prime Capital Ventures, LLC. Moti filed by Prime Capital Ventures, LLC. (Attachments: #1 Exhibit A - Demand for Arbitration, #2 Exhibit B - Email Exchange)(Van Tol, Pieter) |
| Filing 56 MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Plaintiff's motion to appoint a permanent receiver and seek expedited discovery (Dkt. No. 6) is GRANTED; and the Court further ORDERS that Prime Capital's motion to vacate the Court's show cause order and temporary appointment of the receiver (Dkt. No. 12) is DENIED; and the Court further ORDERS that Prime Capital's motion to file a sur-reply (Dkt. No. 43) is GRANTED and the sur-reply (Dkt. No. 43-1) has been accepted as filed, reviewed by the Court, and considered as part of this Memorandum-Decision and Order; and the Court further ORDERS that Paul Levine, Esq. of the law firm of Lemery Greisler, LLC, shall be appointed to serve as the permanent Receiver for Defendants; and the Court further ORDERS that the Receiver shall have the following powers and duties: 1. The Receiver shall have and retain and is hereby granted exclusive dominion and control over all of the assets, books and records, operations and business affairs of Defendants. 2. The Receiver's authority hereunder shall be, and hereby is, vested in and extended to all of Defendants' real property, equitable property, tangible and intangible personal property, interest, or assets of any nature, wherever located. 3. The Receiver is authorized to take any and all actions the Receiver, in his sole discretion, deems appropriate in order to ascertain the amount and location of Defendants' assets. 4. The Receiver shall have the duties and responsibilities of a receiver under law, shall be answerable and account to the Court for the Receiver's activities, and shall maintain a detailed accounting of his activities, including without limitation, any and all funds collected and used for any purpose. 5. The Receiver shall not be liable for any debts or liabilities of Defendants. ORDERS that the Clerk of the Court serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 01/24/24. (ban) (Additional attachment(s) added on 1/24/2024: #1 First Report of Temporary Receiver) (ban, ). |
| Filing 55 NOTICE OF APPEARANCE by James L. Tuxbury on behalf of Compass-Charlotte 1031, LLC (Tuxbury, James) |
| Filing 54 AFFIDAVIT of Service for Summons, Complaint with Exhibits, Order to Show Cause, Memo of Law ISO Order to Show Cause, Fenlon/Levine Declarations in Support of Order to Show Cause served on Cindy Brown, Authorized Representative of A Registered Agent, Inc., registered agent for Berone Capital Equity Fund I, LP, Berone Capital Fund, LP and Berone Capital, LLC on 01/16/2024, filed by Compass-Charlotte 1031, LLC. (Attachments: #1 Affidavit Berone Capital LLC, #2 Affidavit Berone Capital Equity Fund I, LP)(Fenlon, Christopher) |
| Filing 53 AFFIDAVIT of Service for Summons, Complaint with Exhibits, Order to Show Cause, Memo of Law ISO Order to Show Cause, Fenlon/Levine Declarations in Support of Order to Show Cause served on Chole Low, Authorized Representative of Sunshine Corp. Filings LLC, Registered Agent for Berone Capital Partners LLC on 01/16/2024, filed by Compass-Charlotte 1031, LLC. (Fenlon, Christopher) |
| Filing 52 AFFIDAVIT of Service for Summons, Complaint with Exhibits, Order to Show Cause, Memo of Law ISO Order to Show Cause, Fenlon/Levine Declarations in Support of Order to Show Cause served on Christina Green, Exec. Assistant at Prime Capital Ventures LLC on 01/16/2024, filed by Compass-Charlotte 1031, LLC. (Fenlon, Christopher) |
| Filing 51 NOTICE OF APPEARANCE by Eric H. Cottrell on behalf of Compass-Charlotte 1031, LLC (Cottrell, Eric) |
| Filing 50 NOTICE to the Court re #16 Notice of Admission Requirement. Katherine M. Lynn, Esq. will not be appearing in this case for Prime Capital Ventures, LLC. (khr) |
| Filing 49 NOTICE to the Court re #16 Notice of Admission Requirement. Kevin Carey, Esq. that he will not be appearing in this case for Prime Capital Ventures, LLC (khr) |
| TEXT Minute Entry for Show Cause Hearing held on 1/22/2024 re #6 Motion for Preliminary Injunction, filed by Compass-Charlotte 1031, LLC: Appearances by Christopher Fenlon, Esq., James Tuxbury, Esq., and Will Esser, Esq. for the Plaintiff; Pieter H.B. Van Toll, III, Esq. for defendant Prime Capital Ventures LLC; No Appearances for the Berone defendants; and Reciever Paul Levine, Esq.; Judge D'Agostino addresses counsel with questions as to the Order to Show Cause; Counsel for the plaintiff and counsel for the defendants address the Court; Judge D'Agostino addresses defense counsel regarding the potential conflict regarding representation - The plaintiff is permitted to make their motion to disqualify the firm of Hogan Lovells US, LLP as counsel for defendant Prime Capital Ventures, LLC in this case - Motion to Disqualify to be filed by 1/26/24; The decision as to the Receivership will be rendered, without further briefing. The Receiver will remain in place until further order of the Court. (Court Reporter Lisa Tennyson, CRD Britney Norton [Time 9:10 a.m. - 10:14 a.m.]) (ban) |
| Filing 48 TRANSCRIPT REQUEST by Compass-Charlotte 1031, LLC for proceedings held on 01/22/2024 before Judge D'Agostino.. (Fenlon, Christopher) |
| Filing 47 TRANSCRIPT REQUEST by Prime Capital Ventures, LLC for proceedings held on 01/22/2024 before Judge D'Agostino.. (Van Tol, Pieter) |
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Filing 46
TEXT ORDER granting #36 Motion for Limited Admission Pro Hac Vice of Eric H. Cottrell, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 1/22/2024. (tab)
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| Filing 45 ***SEALED DECLARATION OF WILLIAM L. ESSER, IV, ESQ. and SEALED EXHIBITS A-G in Support of #40 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction filed by Compass-Charlotte 1031, LLC. (ban) (Additional attachment(s) added on 1/22/2024: #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) (ban, ). |
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Filing 44
ORDER granting #41 Motion for Leave to File the Declaration of William L. Esser, IV, Esq. and Exhibits under seal. Signed by U.S. District Judge Mae A. D'Agostino on 01/22/2024. (ban)
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| Filing 43 Letter Motion from Pieter Van Tol for Prime Capital Ventures, LLC for Prime Capital Ventures, LLC requesting Requesting that the Court (a) grant Prime Capital leave to file the proposed sur-reply; and (b) consider the sur-reply in determining the Emergency Motion submitted to Judge Honorable Mae A. DAgostino . (Attachments: #1 Memorandum of Law /Proposed Sur-Reply, #2 Declaration of Pieter Van Tol, #3 Exhibit(s) 1, Email chain between Fabian Stone and Kris Roglieri, #4 Exhibit(s) 2, November 2022 account statement at RBC Capital Markets, #5 Exhibit(s) 3, Email chain between Mr. Roglieri and Fabian Stone dated April 25, 2023 and April 26, 2023 at RBC Capital Markets, #6 Exhibit(s) 4, Berone Capital purporting to be a copy of the January 2023 account statement at RBC Capital Markets, #7 Exhibit(s) 5, Berone Capital purporting to be a copy of the February 2023 account statement at RBC Capital Markets, #8 Exhibit(s) 6, Berone Capital purporting to be a copy of the March 2023 account statement at RBC Capital Markets, #9 Exhibit(s) 7, January 2023 account statement at RBC Capital Markets, #10 Exhibit(s) 8, February 2023 account statement at RBC Capital Markets, #11 Exhibit(s) 9, March 2023 account statement at RBC Capital Markets, #12 Exhibit(s) 10, Flagstar Banks response, dated January 18, 2024, to a subpoena served on Flagstar Bank, #13 Exhibit(s) 11, Declaration of Kris Roglieri - Involuntary Chapter 7 bankruptcy proceeding, #14 Exhibit(s) 12, September 2023 account statement at RBC Capital Markets, #15 Exhibit(s) 13, Selected bank statements from October and November 2022)(Van Tol, Pieter) |
| Filing 42 AFFIDAVIT in Support re #6 MOTION for Preliminary Injunction filed by Compass-Charlotte 1031, LLC. Motion returnable before Judge Mae A. D'Agostino related to Application for Leave to file Under Seal filed by Compass-Charlotte 1031, LLC. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F, #7 Exhibit(s) Exhibit G)(Fenlon, Christopher) |
| Filing 41 MOTION for Leave to File Under Seal the Declaration of William L. Esser IV and supporting papers filed by Compass-Charlotte 1031, LLC. Response to Motion due by 2/9/2024 (Attachments: #1 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Fenlon, Christopher) |
| Filing 40 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction filed by Compass-Charlotte 1031, LLC. Motion returnable before Judge Mae A. D'Agostino per Order to Show Cause [Dkt. No. 8] filed by Compass-Charlotte 1031, LLC. (Attachments: #1 Declaration Christopher V. Fenlon, #2 Exhibit(s) A-Notice of Upcoming Filing E-Mail, #3 Exhibit(s) B-Notice of Pleadings E-Mail, #4 Exhibit(s) C-Prime Service Delivery Confirmation, #5 Exhibit(s) D-Berone Service Delivery Delay Notification, #6 Exhibit(s) E-Berone Service Delivery Confirmation)(Fenlon, Christopher) |
| Filing 39 NOTICE OF APPEARANCE by Robert A. Lippman on behalf of Paul A. Levine (Lippman, Robert) |
| Filing 38 CERTIFICATE OF SERVICE by Paul A. Levine re #37 Status Report (Levine, Paul) |
| Filing 37 STATUS REPORT Re: First Report of Temporary Receiver by Paul A. Levine. (Levine, Paul) |
| Filing 36 MOTION for Limited Admission Pro Hac Vice of Eric H. Cottrell ANYNDC-6584577 (Fee is waived) [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration Fenlon Sponsor Declaration, #2 Cottrell Petition for Admission, #3 Cottrell Certificate of Good Standing, #4 Cottrell Attorney E-Filing Registration Form) Motions referred to Christian F. Hummel. (Fenlon, Christopher) |
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Filing 35
TEXT ORDER granting #28 Motion for Limited Admission Pro Hac Vice of Christopher Bryant, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 1/19/2024. (tab)
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Filing 34
TEXT ORDER granting #26 Motion for Limited Admission Pro Hac Vice of James L. Tuxbury, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 1/19/2024. (tab)
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| Filing 33 Pre-Motion Response to #11 Pre-Motion Letter by Compass-Charlotte 1031, LLC requesting a pre-motion conference submitted to Judge D'Agostino . (Attachments: #1 Exhibit A - Written evidence of consent (Camshaft), #2 Exhibit B - Written evidence of consent (Prime))(Van Tol, Pieter) |
| Filing 32 NOTICE OF APPEARANCE by Will Esser on behalf of Compass-Charlotte 1031, LLC (Esser, Will) |
| Filing 31 LETTER BRIEF (REPLY) requesting that the Court grant the protective order set forth in the January 17 Letter - ECF No. #25 by Prime Capital Ventures, LLC. (Van Tol, Pieter) |
| Filing 30 RESPONSE TO LETTER BRIEF filed by Compass-Charlotte 1031, LLC as to #25 Letter Request/Motion,, filed by Prime Capital Ventures, LLC . (Fenlon, Christopher) |
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Filing 29
TEXT ORDER granting #10 Motion for Limited Admission Pro Hac Vice of William L. Esser, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 1/17/2024. (tab)
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| Filing 28 MOTION for Limited Admission Pro Hac Vice of Christopher R. Bryant Filing fee $100, receipt number ANYNDC-6582051. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Sponsor Pieter Van Tol, #2 Petition for Admission of Christopher R. Bryant, #3 Certificate of Good Standing, #4 E-Filing Registration Form, #5 Proposed Order) Motions referred to Christian F. Hummel. (Van Tol, Pieter) |
| Filing 27 MOTION for Limited Admission Pro Hac Vice of James L. Tuxbury Filing fee $100, receipt number ANYNDC-6581533. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration, #2 Petition for Admission, #3 Attorney E-Filing Registration, #4 Certificate of Good Standing) Motions referred to Christian F. Hummel. (Fenlon, Christopher) |
| Filing 26 MOTION for Limited Admission Pro Hac Vice of James L. Tuxbury Filing fee $100, receipt number ANYNDC-6581333. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration Fenlon Sponsor Declaration, #2 Tuxbury Petition for Admission, #3 Tuxbury Certificate of Good Standing, #4 Tuxbury Attorney E-Filing Registration Form) Motions referred to Christian F. Hummel. (Fenlon, Christopher) |
| Filing 25 Letter Motion from Pieter Van Tol for Prime Capital Ventures, LLC requesting that the Court enter a protective order pursuant to Rules 26(c) and 45(d) immediately (a) quashing the portions of the subpoenas seeking financial information relating to the Non-Parties; (b) ordering Plaintiff to return any documents that it has received regarding the Non-Parties' financial information; and (c) ordering that Plaintiff may not make use of any information obtained from such documents submitted to Judge Christian F. Hummel . (Attachments: #1 Exhibit A - Subpoenas)(Van Tol, Pieter) |
| Filing 24 LETTER BRIEF regarding the Declaration of Jeffrey Huston dated January 16, 2024 - ECF No. #23 by Prime Capital Ventures, LLC. (Attachments: #1 Exhibit A - Email chain, #2 Exhibit B - Email chain)(Van Tol, Pieter) |
| Filing 23 AFFIDAVIT in Support re #6 MOTION for Preliminary Injunction filed by Compass-Charlotte 1031, LLC. Motion returnable before Judge Mae A. D'Agostino Declaration of Jeffery Huston in Support of Plaintiff's Order to Show Cause and in Opposition to Defendant Prime Capital Venture's Emergency Motion filed by Compass-Charlotte 1031, LLC. (Fenlon, Christopher) |
| Filing 22 NOTICE OF APPEARANCE by Peter M. Damin on behalf of Paul A. Levine (Damin, Peter) |
| Filing 21 RESPONSE TO LETTER BRIEF filed by Prime Capital Ventures, LLC as to #17 Response to Motion, filed by Compass-Charlotte 1031, LLC . (Van Tol, Pieter) |
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Filing 20
TEXT ORDER REASSIGNING CASE PURSUANT TO G.O. 12 to Magistrate Judge Christian F. Hummel for all further proceedings. Signed by Magistrate Judge Daniel J. Stewart on 1/16/2024. (khr)
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Filing 19
ORDER OF RECUSAL. Magistrate Judge Daniel J. Stewart recused.. Signed by Magistrate Judge Daniel J. Stewart on 1/16/2024. (khr)
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| Filing 18 NOTICE OF APPEARANCE by Paul A. Levine on behalf of Paul A. Levine (Levine, Paul) |
| Filing 17 RESPONSE to Motion re #12 Emergency MOTION to Vacate EX PARTE ORDER REGARDING INTERIM RECEIVER AND EXPEDITED DISCOVERY; (2) DISMISS COMPLAINT; AND (3) COMPEL ARBITRATION, AND IN OPPOSITION TO PLAINTIFF'S EMERGENCY MOTION filed by Prime Capital Ventures, LLC. Moti filed by Compass-Charlotte 1031, LLC. (Attachments: #1 Exhibit(s) Virginia Beach Property)(Fenlon, Christopher) |
| Filing 16 NOTICE OF ADMISSION REQUIREMENT as to Party Defendant, Prime Capital; Attorney Chris Bryant and Katherine Lynn, Email address is chris.bryant@hoganlovells.com, katherine.lynn@hoganlovells.com. Phone number is 212-918-3000. Admissions due by 1/30/2024. (khr)(Emailed copy to both attorneys on 1/16/2024) |
| Filing 15 NOTICE OF ADMISSION REQUIREMENT as to Party Defendant, Prime Capital; Attorney Kevin Carey, Email address is kevin.carey@hoganlovells.com.. Admissions due by 1/30/2024. (khr)(Emailed to attorney on 1/16/2024)) |
| Filing 14 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Prime Capital Ventures, LLC. (Van Tol, Pieter) |
| Filing 13 AFFIDAVIT in Support re #12 Emergency MOTION to Vacate EX PARTE ORDER REGARDING INTERIM RECEIVER AND EXPEDITED DISCOVERY; (2) DISMISS COMPLAINT; AND (3) COMPEL ARBITRATION, AND IN OPPOSITION TO PLAINTIFF'S EMERGENCY MOTION filed by Prime Capital Ventures, LLC. Moti (DECLARATION OF PIETER VAN TOL) filed by Prime Capital Ventures, LLC. (Attachments: #1 Exhibit A - Compliant, #2 Exhibit B - Petition for involuntary bankruptcy, #3 Exhibit C - Notice of voluntary dismissal (mislabeled "Complaint"), #4 Exhibit D - January 9, 2024 Dismissal Order, #5 Exhibit E - Motion for a Bond, #6 Exhibit F - Motion for judgment on the pleadings, #7 Exhibit G - Credit Agreement, #8 Exhibit H - Attachment to a January 3, 2024 letter from counsel for Compass to the Court, #9 Exhibit I - December 13, 2023 text message from Thomas F. Taft, Jr. to Kimberly Humphrey, #10 Exhibit J - December 14, 2023 text message from Thomas F. Taft, Jr. to Kimberly Humphrey, #11 Exhibit K - January 11, 2024 email from counsel for Compass to me and others, #12 Exhibit L - January 12, 2024 email from counsel for Compass to me and others, #13 Exhibit M - Statement of Berone Capital Fund LP account for the benefit of Prime Capital through December 26, 2023, #14 Exhibit N - Corporate disclosure statement, #15 Exhibit O - Declaration of Kimberley Humphrey dated January 5, 2024, #16 Exhibit P - E-mail dated January 15, 2024)(Van Tol, Pieter) |
| Filing 12 Emergency MOTION to Vacate EX PARTE ORDER REGARDING INTERIM RECEIVER AND EXPEDITED DISCOVERY; (2) DISMISS COMPLAINT; AND (3) COMPEL ARBITRATION, AND IN OPPOSITION TO PLAINTIFF'S EMERGENCY MOTION filed by Prime Capital Ventures, LLC. Motion returnable before Judge Mae A. D'Agostino. Response to Motion due by 2/6/2024. Reply to Response to Motion due by 2/13/2024 (Attachments: #1 Proposed Order) (Van Tol, Pieter) |
| Filing 11 Pre-Motion Letter by Compass-Charlotte 1031, LLC requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 1/18/2024 (Attachments: #1 Exhibit(s) Camshaft v. Prime Florida Docket, #2 Exhibit(s) Compass v. Prime Subpoena to Camshaft)(Fenlon, Christopher) |
| Filing 10 MOTION for Limited Admission Pro Hac Vice of William L. Esser IV Filing fee $100, receipt number ANYNDC-6578532. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration Fenlon Sponsor Declaration, #2 Esser Admission Petition, #3 Esser Certificates of Good Standing, #4 Attorney E-Filing Registration Form) Motions referred to Daniel J. Stewart. (Fenlon, Christopher) |
| Filing 9 NOTICE OF APPEARANCE by Pieter H.B. Van Tol, III on behalf of Prime Capital Ventures, LLC (Van Tol, Pieter) |
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Filing 8
ORDER TO SHOW CAUSE for the Appointment of a Receiver on an Emergency Basis and for Expedited Discovery. IT IS ORDERED that Defendants show cause before the Honorable Mae A. D'Agostino at the James T. Foley Courthouse, 445 Broadway, Albany, New York, on Monday, January 22, 2024 at 9:00 AM, or as soon thereafter as counsel can be heard, as to why an Order should not be entered appointing a Receiver pursuant to Rule 66 of the Federal Rules of Civil Procedure and authorizing Plaintiff to take expedited discovery. IT IS FURTHER ORDERED that, Paul Levine, Esq. of the law firm of Lemery Greisler, LLC, shall be appointed to serve as the temporary Receiver for the Defendants pending the hearing on Plaintiff's Emergency Motion and until further order of the Court, and shall have the powers and duties as set forth in this Order. IT IS FURTHER ORDERED that, pending the hearing on Plaintiff's Emergency Motion and until further order of the Court, Plaintiff is authorized to take expedited discovery of the Defendants and certain third-parties without the requirement of a meeting pursuant to Federal Rule of Civil Procedure 26(f) and without regard to the limitation of Federal Rule of Civil Procedure 30(a)(2) and 30(d). IT IS FURTHER ORDERED that service of a copy of the Verified Complaint, this Order to Show Cause, and supporting papers, upon Defendants in the manner set forth in this Order as soon as possible, but no later than Tuesday, January 16, 2024, shall be deemed good and sufficient service thereof. IT IS FURTHER ORDERED that Defendants shall file and serve any opposing papers in response to the Order to Show Cause no later than Thursday, January 18, 2024 at 5:00 PM. Plaintiff shall have until Friday, January 19, 2024 at 5:00 PM to file and serve any reply papers. Signed by U.S. District Judge Mae A. D'Agostino on 1/12/2024. (mab)
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| Filing 7 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (khr) |
| Filing 6 MOTION for Preliminary Injunction filed by Compass-Charlotte 1031, LLC. Motion returnable before Judge Mae A. D'Agostino by Compass-Charlotte 1031, LLC. (Attachments: #1 Declaration for Christopher Fenlon, #2 Declaration of Paul Levine, #3 Proposed Order)(khr) |
| Filing 5 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/11/2024 11:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/4/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Will Esser and Attorney Eric Cottrell, Email address is willesser@parkerpoe.com; ericcottrell@parkerpoe.com. Phone number is 704-335-9507. Admissions due by 1/26/2024. (khr)(Emailed to both attorneys along with a copy of the GO#25) |
| Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Compass-Charlotte 1031, LLC identifying Other Affiliate Compass Landing Apartment Homes, LLC, Other Affiliate Exempt Trust f/b/o Thomas F. Taft, Sr. under Article IV(D) of the Helen Fleming Taft Revocable Living Trust, dated 11/14/2000, Other Affiliate Thomas F. Taft, Sr., Trustee for Compass-Charlotte 1031, LLC. (khr) |
| Filing 2 Summons Issued as to 405 Motorsports LLC. (Attachments: #1 Summons issued as to Berone Capital Equity Fund I, LP, #2 Summons issued as to Berone Capital Fund LP, #3 Summons as to Berone Capital LLC, #4 Summons issued as to Berone Capital Partners LLC, #5 Summons issued as to Prime Capital Ventures LLC (Albany), #6 Summons issued as to Prime Capital Ventures LLC (Delaware))(khr) |
| Filing 1 COMPLAINT WITH JURY DEMAND against 405 Motorsports LLC, Berone Capital Equity Fund I, LP, Berone Capital Fund, LP, Berone Capital LLC, Berone Capital Partners LLC, Prime Capital Ventures, LLC (Filing fee $405 receipt number ANYNDC-6576690) filed by Compass-Charlotte 1031, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Civil Cover Sheet)(khr) |
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