Huber v. Arck Credit Company, LLC et al

Plaintiff: John D. Huber
Defendant: Arck Credit Company, LLC, Art Finance Partners, LLC, Andrew C. Rose and Christopher D. Krecke
Case Number: 1:2012cv08175
Filed: November 8, 2012
Court: New York Southern District Court
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Jesse M. Furman
Nature of Suit: Negotiable Instrument
Cause of Action: 28:1332 Diversity-Breach of Contract
Jury Demanded By: Defendant

Available Case Documents

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

Date Filed#Document Text
February 5, 2016 413 Opinion or Order of the Court OPINION AND ORDER re: 356 MOTION to Vacate Restraining Notice, Enjoin Unreasonable Distribution of Collateral and for an Accounting filed by Timothy U. Nye, Nyehaus, Inc., Foundation 2021, 314 FIRST MOTION to Compel Timothy Nye, Foundation 20 21, Nyehaus and Sunshine Equity Partners FIRST MOTION for Sanctions and contempt against Timothy Nye, Foundation 20 21, Nyehaus and Sunshine Equity Partners filed by Christopher Krecke, Art Finance Partners, LLC, Andrew Rose, Arck Credit Company LLC: For the reasons stated above, the Nye Parties' motion is DENIED in its entirety, and Third Party Plaintiffs' motion is GRANTED in part and DENIED in part. In particular: (1) W ithin three weeks of the date of this Opinion and Order, Foundation 20 21, Nyehaus, and SEP shall pay $5,000 to the Clerk of Court; (2) As described above, by the same date, Nye, Foundation 20 21, and Nyehaus shall produce all documents, incl uding those purportedly covered by the attorney-client privilege, responsive to Third Party Plaintiffs' First Set of Document Requests and Nye and SEP shall file amended responses to the information subpoenas; (3) SEP shall produce a witness for deposition within thirty days of the date of this Opinion and Order; (4) The parties shall submit a proposal or competing proposals for the re-deposition of Nye and examination of his Fifth Amendment invocation within two weeks from the date o f this Opinion and Order; (5) Within two weeks of the date of this Opinion and Order, the Nye Parties shall turn over the thirteen pieces of art listed in the Wilbur affidavit; and (6) The Nye Parties shall pay 75% of Third Party Plaintiffs 9; reasonable attorneys' fees and costs, pursuant to an accounting submitted by Third Party Plaintiffs within thirty days of the date of this Opinion and Order. Any opposition to the accounting shall be filed within two weeks of its submissio n. Any failure by one of the Nye Parties to timely comply with this Opinion and Order will result in further sanctions of $100 per day until substantial compliance is attained. Finally, in conjunction with this motion, the parties filed cer tain documents under seal or in redacted form. (See, e.g., Docket Nos. 318, 368, 380). The Court is hard pressed to see the basis to keep those documents under seal or redacted, but will give the parties an opportunity to be heard on the issue. A ccordingly, any party wishing to keep any of those documents sealed or redacted shall file a letter brief, not to exceed five pages and no later than February 11, 2016, addressing the propriety of sealing or redacting the relevant documents in lig ht of the presumption in favor of public access to judicial documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). The Clerk of Court is directed to terminate Docket Nos. 314 and 356. (Signed by Judge Jesse M. Furman on 2/5/2016) (tn)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Huber v. Arck Credit Company, LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: John D. Huber
Represented By: Robert Sanford Friedman
Represented By: Mark Edward McGrath
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Arck Credit Company, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Art Finance Partners, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Andrew C. Rose
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Christopher D. Krecke
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?