Lyman Commerce Solutions, Inc. v. Lung et al
| Lyman Commerce Solutions, Inc. |
| Conrad Lung, Richard Gilbert, Lung's Consultants LLC, R.D. Simpson, Inc., The Richard Gilbert Family LLC and Irwin Levy |
| 1:2012cv04398 |
| June 5, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Thomas P. Griesa |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 oc Diversity-Other Contract |
| Defendant |
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Filing
117
OPINION & ORDER: On this record, the court finds that good cause has been shown to register the judgment in another district, pursuant to 28 U.S.C. § 1963. Plaintiff's motion for authorization to register the judgment in the Northern District of Georgia is granted. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 8/28/2015) (kl)
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Filing
102
OPINION #105458: When MUDD was first sued in the Iowa proceeding, it had over $14 million in various accounts. Approximately six weeks later, MUDD held only $300,000-well below the amount required to satisfy the later imposed Iowa judgmen t. This drastic depletion of MUDD's assets during the pendency of the Iowa action was due in large part to conveyances to insiders, including the Gilbert and Lung defendants. The undisputed facts show that MUDD transferred over $3 million to the Gilbert and Lung defendants when MUDD was already the subject of the Iowa claim, and that MUDD did not receive equivalent value in return. In voluminous filings, neither the Gilbert nor Lung defendants have managed to dispute these basic f acts, except to highlight MUDD's supposed solvency for a short time after the transfers in question. But as discussed above, solvency alone does not preclude liability under § 273-a. The court thus finds that no genuine issue of material fact exists with respect to whether the conveyances at issue were made for fair consideration or, in the alternative, made in good faith. The transactions in question-preferential repayments to corporate insiders, in derogation of the rights of p laintiff, a general creditor-were fraudulent conveyances under the DCL. On this evidentiary record, plaintiff's motion for partial summary judgment is granted. The court directs the parties to meet and confer, and to submit a joint letter to the court setting forth their views as to the remedies that the court should order consistent with this decision. This letter must be filed within 30 days of the date of this opinion. This opinion resolves the motion listed as item 28 on the docket. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/20/2015) (kl) Modified on 4/20/2015 (ca).
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Filing
87
OPINION: re: 55 MOTION for Reconsideration re; 52 Memorandum & Opinion, filed by R.D. Simpson, Inc., Irwin Levy, The Richard Gilbert Family LLC, Richard Gilbert. For the forgoing reasons, the court denies Gilbert defendants' argument that Iowa law governs plaintiff's fraudulent conveyance claims. This opinion resolves docket item number 55. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/06/2014) (ama)
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Filing
52
OPINION re: 21 MOTION to Dismiss the Complaint filed by R.D. Simpson, Inc., Irwin Levy, The Richard Gilbert Family LLC, Richard Gilbert, 25 MOTION to Dismiss filed by Conrad Lung, Lung's Consultants LLC. For the foregoing reasons, the motions to dismiss the complaint are denied in their entirety. This opinion will resolve docket item numbers 21 and 25. (Signed by Judge Thomas P. Griesa on 8/30/2013) (rsh)
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Filing
5
OPINION re: 2 EX PARTE MOTION to Serve Defendant Lung pursuant to FRCP 4(f)(3). filed by Lyman Commerce Solutions, Inc. The court orders that plaintiff may serve Lung by personally delivering a copy of the summons and complaint to Lung' s counsel in the United States, Joel Salon, at the New York City law office of Salon Marrow Dyckman Newman & Broudy LLP. Plaintiff shall also personally deliver the summons and complaint to a personal of suitable age and discretion at the New York apartment owned and formerly occupied by Lung, which is located at 860 United Nations Plaza in the borough of Manhattan. (Signed by Judge Thomas P. Griesa on 6/12/2012) (pl)
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