Roswell Capital Partners LLC. et al v. Alternative Construction Technologies Inc. et al
Case Number: 1:2008cv10647
Filed: December 9, 2008
Court: US District Court for the Southern District of New York
Office: Contract: Other Office
Presiding Judge: Paul A. Crotty
Presiding Judge: Douglas F. Eaton
Nature of Suit: Defendant
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Other Contract

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 1, 2010 Opinion or Order Filing 154 OPINION & ORDER: Plaintiffs' May 12, 2010 141 MOTION for Summary Judgment is granted. Plaintiffs may foreclose on the Collateral pursuant to their perfected priority security interest and in accordance with the Judgments of March 26 and August 26, 2009. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 9/1/10) (db)
July 20, 2009 Opinion or Order Filing 106 OPINION AND ORDER:#97761 Plaintiffs March 20 motion for summary judgment on claims associated with the 2008 Funding is granted. In accordance with the findings in the Opinion, the plaintiff shall submit a proposed final judgment pursuant to Rule 54(b), Fed. R. Civ. P. by July 31, 2009. (Signed by Judge Denise L. Cote on 7/20/2009) (jfe) Modified on 7/22/2009 (eef).
February 27, 2009 Opinion or Order Filing 61 OPINION & ORDER:#97142 This Order considers the applicability of a requirement that defendants post a bond before they interpose any defense arguing that plaintiffs have committed a violation of law. Should Defendants wish to pursue their affirmative defenses of criminal usury and unlawful stock-price manipulation, they will first need to post a bond pursuant to the Preliminary Injunction Order. SO ORDERED. (Signed by Judge Denise L. Cote on 2/27/2009) (tve) Modified on 3/2/2009 (jab).
January 30, 2009 Opinion or Order Filing 49 OPINION AND ORDER #97036: Plaintiffs having demonstrated that they are entitled to a preliminary injunction to protect their interests under the 2007 and 2008 Funding, a preliminary injunction shall issue 1) preserving Defendants' assets compris ing the Collateral (as defined in the transaction documents), and 2) enforcing Plaintiffs' rights to control and possess the Collateral In accordance with the terms of the agreements comprising the 2007 and 2008 Funding. The parties will have an opportunity to address the extent to which the Plaintiffs shall have the authority, prior to entry of a final judgment, to dispose of the Collateral. separate Orders will issue to outline the protocol by which Plaintiffs will exercise control over the Collateral and the schedule for preparations for a trial to determine permanent relief in this matter. (Signed by Judge Denise L. Cote on 1/30/2009) (jfe) Modified on 2/6/2009 (mro).
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