Rocky Aspen Management 204 LLC v. Hanford Holdings LLC
Plaintiff: Rocky Aspen Management 204 LLC and Craveable Hospitality Group LLC
3Rd Party Plaintiff: Hanford Holdings LLC, AH DB Kitchen Aspen Investors LLC, Castlegrace Equity Investors LLC, Patrick McGrath, Aristone Hospitality LLC and AH DB Kitchen Investors LLC
Cross Defendant: Jeffrey Citron, Mark Hamwi, Craveable Hospitality Group, f/k/a Watershed Ventures LLC, Craveable Hospitality Group and Stephen Goglia
3Rd Party Defendant: Watershed Ventures LLC and Matthew O'Neill
Case Number: 1:2016cv04270
Filed: June 8, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Gabriel W Gorenstein
Referring Judge: Victor Marrero
Nature of Suit: Contract: Other
Cause of Action: 28:1332jd
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 17, 2019 Opinion or Order Filing 117 ENDORSED LETTER: addressed to Luke McGrath, Esq. from Eric C. Weissman dated 4/16/2019 re: Aristone seeks to re-litigate the Watershed Option Issue, which it is prohibited from doing. Aristone is barred by res judicata from re-litigating the Watershed. Option Issue. Accordingly, causes of action 1, 2, 3,4, 6, 7, l l, 14 and 16 must be dismissed. Based on the incorporated arguments and the foregoing, the Watershed Defendants request that Aristone withdraw and dismiss the above noted causes of action immediately. ENDORSEMENT: The Aristone Defendants are directed to respond by 4/22/2019, by letter not to exceed three (3) pages, to the matter set forth above by the Watershed Defendants as described above. So Ordered. (Signed by Judge Victor Marrero on 4/17/2019) (js)
March 29, 2019 Filing 116 AMENDED THIRD PARTY COMPLAINT amending #107 Answer to Third Party Complaint,, Crossclaim,,, against Jeffrey Citron, Stephen Goglia, Mark Hamwi, Matthew O'Neill, Rocky Aspen Management 204 LLC, Craveable Hospitality Group, f/k/a Watershed Ventures LLC.Document filed by Castlegrace Equity Investors LLC, Aristone Hospitality LLC, AH DB Kitchen Aspen Investors LLC, Patrick McGrath. Related document: #107 Answer to Third Party Complaint,, Crossclaim,,,.(McGrath, Luke)
March 8, 2019 Opinion or Order Filing 115 DECISION AND ORDER: It is hereby ORDERED that the Court's June 28, 2018 Order (Dkt. No. 76) is VACATED in part for lack of subject matter jurisdiction. Specifically, the Court VACATES the prior dismissal of the Third-Party Cross-claims (Dkt. No. 49) brought by then-plaintiffs Rocky Aspen Management 204 LLC and Watershed Ventures LLC against Third-Party Defendants Patrick McGrath, AH DB Kitchen Aspen Investors LLC, Castlegrace Equity Investors LLC, and Ari stone Hospitality LLC (collectively, the "Aristone Defendants"), and DISMISSES those claims for lack of subject matter jurisdiction; ORDERED that the Third- Party Cross-claims (Dkt. No. 107) brought by the Ari stone Defendants are DISMISSED without prejudice. The Aristone Defendants shall have twenty-one days from the date on which this Order is entered to file any amended cross-claims SO ORDERED. AH DB Kitchen Aspen Investors LLC, AH DB Kitchen Aspen Investors LLC, AH DB Kitchen Aspen Investors LLC, ARISTONE HOSPITALITY LLC, Aristone Hospitality LLC, Aristone Hospitality LLC, Aristone Hospitality LLC, Aristone Hospitality LLC, Aristone Hospitality LLC, Castlegrace Equity Investors LLC, Castlegrace Equity Investors LLC, Castlegrace Equity Investors LLC, Castlegrace Equity Investors LLC, Castlegrace Equity Investors LLC, Patrick McGrath, Patrick McGrath, Patrick McGrath, Patrick McGrath, Patrick McGrath, Patrick McGrath, AH DB Kitchen Aspen Investors LLC and AH DB Kitchen Aspen Investors LLC terminated. (Signed by Judge Victor Marrero on 3/8/2019) (ks)
March 7, 2019 Opinion or Order Filing 114 ENDORSED LETTER addressed to Judge Victor Marrero from Eric C. Weissman dated 11/28/2018 re: This letter is submitted pursuant to II(B)(2) of the Court's Individual Practice Rules concerning Motions to Dismiss - more specifically, in support of the Watershed Defendants November 7, 2018 letter to Aristone concerning its October 15, 2018 Third Party Complaint ("TPC"). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Watershed Defendants specified above. SO ORDERED. (Signed by Judge Victor Marrero on 3/7/2019) (jca)
February 15, 2019 Opinion or Order Filing 113 STIPULATION: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the Aristone Parties and the Watershed Parties, through their respective counsel, that the Aristone Parties must respond to the February 8th Letter no later than seven (7) days from the date of an order resolving the Order to Show Cause. This Stipulation may be executed in counterparts, each of which, when executed and delivered, shall constitute an original, and taken together shall constitute a single agreement. So Ordered. (Signed by Judge Victor Marrero on 2/15/2019) (js)
February 14, 2019 Filing 112 PROPOSED STIPULATION AND ORDER. Document filed by AH DB Kitchen Aspen Investors LLC, Aristone Hospitality LLC, Castlegrace Equity Investors LLC, Patrick McGrath. (Kettle, Kamanta)
February 8, 2019 Opinion or Order Filing 111 ENDORSED LETTER: addressed to Mr. Luke McGrath from Eric C. Weissman dated 2/8/2019 re: Based on the foregoing, the Watershed Defendants renew their request that Aristone withdraw and dismiss the above noted causes of action immediately. ENDORSEMENT: The Clerk fo Court is directed to enter into the public record of this action the letter above submitted to the Court by the Watershed Defendants described above. So Ordered. (Signed by Judge Victor Marrero on 2/8/2019) (js)
February 8, 2019 Opinion or Order Filing 110 ENDORSED LETTER addressed to Judge Victor Marrero from Eric C. Weissman dated 2/6/2019 re: Based on the foregoing the Watershed Defendants have hereby shown cause as to why (i) the June 28, 2018 Order should be vacated in part and the Watershed Defendants' cross claims should be dismissed for lack of subject matter jurisdiction; and (ii) the Court should not exercise supplemental jurisdiction over the Aristone Defendants' cross claims. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Watershed Defendants described above. so Ordered. (Signed by Judge Victor Marrero on 2/7/2019) (js)
February 8, 2019 Opinion or Order Filing 109 ENDORSED LETTER: addressed to Judge Victor Marrero from Luke McGrath dated 2/6/2019 re: Based on the Court should not vacate its Order, but may instead modify its Order to dismiss RAM 204's cross-claims only on jurisdictional grounds. To vacate the Court's Order as to the merits-based determinations of the Watershed TPDs claims would be error. In addition, the Court should retain supplemental jurisdiction over the Aristone Defendants' third party claims in this case and grant any and all other relief that justice so allows. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Aristone Defendants described above. So Ordered. (Signed by Judge Victor Marrero on 2/7/2019) (js)
January 30, 2019 Opinion or Order Filing 108 ORDER TO SHOW CAUSE: For the reasons stated above, it is herebyORDERED that the parties show cause why Court should notvacate in part its June 28, 2018 Order (Dkt. No. 76) andconsequently dismiss the Third-Party Cross-claims (Dkt. No.49) brought by plaintiff Rocky Aspen Management 204 LLC and Third-Party Defendants Jeffrey Citron, Stephen Goglia, Mark Hamwi, and Watershed Ventures LLC (collectively, the "Watershed Defendants") against Third-Party Defendants Patrick McGrath, AH DB Kitchen Aspen Investors LLC, Castlegrace Equity Investors LLC, and Aristone Hospitality LLC (collectively, the "Ari stone Defendants") for lack of subject matter jurisdiction. The parties should also address the impact, if any, of such vacatur on the Aristone Defendants' Third-Party Complaint (Dkt. No. 89). The parties are to submit letters, not to exceed three pages, excluding exhibits, no later than Wednesday, February 6, 2019. Each set of defendants should submit its own joint letter: one from the Watershed Defendants; and one from the Aristone Defendants. (Signed by Judge Victor Marrero on 1/30/2019) (cf)
January 25, 2019 Filing 107 ANSWER to #100 Amended Answer to Complaints, Third Party Complaint, Counterclaim,,,,,,,,, with JURY DEMAND., THIRD PARTY COMPLAINT against Matthew O'Neill., CROSSCLAIM against Jeffrey Citron, Craveable Hospitality Group, Stephen Goglia, Mark Hamwi, Rocky Aspen Management 204 LLC. Document filed by Patrick McGrath, AH DB Kitchen Aspen Investors LLC, Castlegrace Equity Investors LLC, Aristone Hospitality LLC.(McGrath, Luke)
January 25, 2019 Filing 106 NOTICE OF APPEARANCE by Elana Tori Henderson on behalf of Rocky Aspen Management 204 LLC. (Henderson, Elana)
January 24, 2019 Filing 105 ANSWER to #100 Amended Answer to Complaints, Third Party Complaint, Counterclaim,,,,,,,,, with JURY DEMAND., ANSWER to #100 Counterclaim. Document filed by Jeffrey Citron, Jeffrey Citron, Stephen Goglia, Mark Hamwi, Rocky Aspen Management 204 LLC, Watershed Ventures LLC.(Weissman, Eric)
January 11, 2019 Filing 104 SEALED DOCUMENT placed in vault.(rz)
January 10, 2019 Filing 103 NOTICE of Notice of Appearance. Document filed by Rocky Aspen Management 204 LLC. (Henderson, Elana)
January 9, 2019 Opinion or Order Filing 102 ENDORSED LETTER: addressed to Judge Victor Marrero from M. Darren Traub dated 1/4/2019 re: Counsel for Defendant request permission to maintain in redacted form Hanford's Amended Answer, Counterclaims, and Third-Party Complaint (the "Amended Pleading") filed today. The Amended Pleading-redacted and unredacted copies of which are enclosed--contains information which was produced in discovery, labeled Confidential, and subject to the Stipulated Protective Order [Docket No. 63] entered in this action. Pursuant to paragraph 8 of the Stipulated Protective Order, Hanford requests (i) that the redacted version of the Amended Pleading remain of public record and (ii) to seal certain exhibits to the Amended Pleading. ENDORSEMENT: Request Granted. The Clerk of Court is directed to file the redacted copy of the answer therein in the public record and the unredacted copy under seal. So Ordered. (Signed by Judge Victor Marrero on 1/9/2019) (js)
January 7, 2019 Filing 101 AMENDED ANSWER to #23 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,, with JURY DEMAND., THIRD PARTY COMPLAINT against Matthew O'Neill., CROSSCLAIM against Rocky Aspen Management 204 LLC, Jeffrey Citron, Stephen Goglia, Mark Hamwi, Craveable Hospitality Group. Document filed by Aristone Hospitality LLC, Patrick McGrath, AH DB Kitchen Aspen Investors LLC, Castlegrace Equity Investors LLC. (Kettle, Kamanta)
January 4, 2019 Filing 100 AMENDED ANSWER to #53 Amended Complaint, with JURY DEMAND., THIRD PARTY COMPLAINT against Patrick McGrath, Stephen Goglia, Mark Hamwi, Watershed Ventures LLC, AH DB Kitchen Aspen Investors LLC, Castlegrace Equity Investors LLC, Jeffrey Citron, Aristone Hospitality LLC., COUNTERCLAIM against Rocky Aspen Management 204 LLC. Document filed by Hanford Holdings LLC. (Attachments: #1 Exhibit Ex. 1 - Corp. Structure Rocky Aspen, #2 Exhibit Ex. 2 - Hanford Note, #3 Exhibit Ex. 3 - McGrath Guaranty, #4 Exhibit Ex. 4 - Pledge Agreement, #5 Exhibit Ex. 5 - Term Sheet, #6 Exhibit Ex. 6 - Adversary Complaint, #7 Exhibit Ex. 7 - Trustee Advisory Complaint, #8 Exhibit Ex. 8 - Filed Under Seal, #9 Exhibit Ex. 9 - Filed Under Seal, #10 Exhibit Ex. 10 - Filed Under Seal, #11 Exhibit Ex. 11 - Filed Under Seal, #12 Exhibit Ex. 12 - Liens)(Traub, Michael) Modified on 1/7/2019 (pc).
November 21, 2018 Opinion or Order Filing 99 SCHEDULING ORDER AND CASE MANAGEMENT PLAN: This case is to be tried to a jury. Joinder of additional parties to be accomplished by January 7, 2019. Amended pleadings may be filed without leave of the Court until January 7, 2019. All fact discovery is to be completed by not later than December 20, 2019. Any request to Judge Marrero for permission to make a summary judgment motion shall be filed by June 5, 2020 and in accordance with his Individual Practices. All applications to the Court must comply with this Courts Individual Practices, which are available through the Clerks Office or at: www.nysd.uscourts.gov/judge/Gorenstein, and as further set forth in this Order. SO ORDERED. (Amended Pleadings due by 1/7/2019. Joinder of Parties due by 1/7/2019. Motions due by 6/5/2020. Deposition due by 9/30/2019. Fact Discovery due by 12/20/2018.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/21/2018) (jca)
November 21, 2018 Opinion or Order Filing 98 MEMO ENDORSEMENT on re: #97 Letter. ENDORSEMENT: The December 3, 2018 conference is adjourned sine die. If any party wishes the Court to convene a conference, it is free to write to the Court stating the purpose of the conference and informing the Court of the other parties' position on the request. Any application for relief must comply with paragraph 2.A of the Court's Individual Practices. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/21/2018) (jca)
November 21, 2018 Filing 97 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Shawn M. Taylor dated 11/21/2018 re: We write regarding the Order for Conference Pursuant to Rule 16 entered on November 15, 2018. (ama)
November 15, 2018 Opinion or Order Filing 96 ENDORSED LETTER; addressed to Mr. Eric C. Weissman from Luke McGrath dated 11/14/2018 re: For the reasons set forth above, the Watershed Defendants' request to dismiss the 1, 2, 3, 4, 5, 7, 8, 12 and 13 Causes of Action in the TPC will be denied and the Third Party Plaintiffs will not withdraw these claims. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Third Party Plaintiffs described above. So Ordered. (Signed by Judge Victor Marrero on 11/15/2018) (js)
November 15, 2018 Opinion or Order Filing 95 ORDER FOR CONFERENCE PURSUANT TO RULE 16: This action is scheduled for an initial case management conference in accordance with Fed. R. Civ. P. 16(a), on Monday, December 3, 2018, at 2:15 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. Counsel for all parties must appear at this conference and should arrive prior to the scheduled time so that the conference may begin on time. Upon receipt of this order, each counsel is directed to confirm with all other counsel that each party to this proceeding has received a copy of this order. And as set forth herein. SO ORDERED. Initial Conference set for 12/3/2018 at 02:15 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/15/2018) (ama)
November 14, 2018 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 11/14/2018. (rch)
November 9, 2018 Opinion or Order Filing 94 ENDORSED LETTER: addressed to Mr. Luke McGrath from Eric C. Weissman dated 11/7/2018 re: Base on the foregoing, the Watershed Defendants request that Aristone withdraw and dismiss the above noted causes of action immediately. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Watershed Defendants specified above. So Ordered. (Signed by Judge Victor Marrero on 11/9/2018) (js)
November 7, 2018 Filing 93 AMENDED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Eric Weissman dated November 7, 2018 re: permission to bring electronic devices to the conference before Your Honor on November 14, 2018. Document filed by Jeffrey Citron, Jeffrey Citron, Stephen Goglia, Mark Hamwi, Rocky Aspen Management 204 LLC, Rocky Aspen Management 204 LLC, Watershed Ventures LLC. (Attachments: #1 Text of Proposed Order)(Weissman, Eric)
November 7, 2018 Filing 92 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Eric Weissman dated November 7, 2018 re: permission to bring electronic devices to the conference before Your Honor on November 14, 2018.. Document filed by Jeffrey Citron, Jeffrey Citron, Stephen Goglia, Mark Hamwi, Rocky Aspen Management 204 LLC, Rocky Aspen Management 204 LLC, Watershed Ventures LLC. (Attachments: #1 Text of Proposed Order)(Weissman, Eric)
November 6, 2018 Filing 91 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from M. Darren Traub dated November 6, 2018 re: permission to bring electronic devices to the conference before Your Honor on November 14, 2018. Document filed by Hanford Holdings LLC. (Attachments: #1 Text of Proposed Order)(Traub, Michael)
October 16, 2018 Filing 90 NOTICE OF CHANGE OF ADDRESS by Kamanta Clintessia Kettle on behalf of AH DB Kitchen Investors LLC, Aristone Hospitality LLC, Castlegrace Equity Investors LLC, Patrick McGrath. New Address: Dunnington Bartholow & Miller LLP, 250 Park Avenue, New York, New York, United States 10177, 212-682-8811. (Kettle, Kamanta)
October 15, 2018 Filing 89 THIRD PARTY COMPLAINT against Craveable Hospitality Group, Matthew O'Neill, Rocky Aspen Management 204 LLC, Stephen Goglia, Jeffrey Citron, Mark Hamwi.Document filed by AH DB Kitchen Investors LLC, Aristone Hospitality LLC, Patrick McGrath, Castlegrace Equity Investors LLC.(Kettle, Kamanta)
September 20, 2018 Opinion or Order Filing 87 MEMO ENDORSEMENT: on re: #86 Letter filed by Watershed Ventures LLC, Jeffrey Citron, Mark Hamwi, Rocky Aspen Management 204 LLC, Stephen Goglia. ENDORSEMENT: Granted. Submissions due November 8, 2018. SO ORDERED., ( Settlement Conference set for 11/14/2018 at 10:00 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/19/2018) (ama)
September 19, 2018 Filing 86 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Eric Weissman dated September 19, 2018 re: Adjournment of Settlement Conference. Document filed by Jeffrey Citron, Stephen Goglia, Mark Hamwi, Rocky Aspen Management 204 LLC, Watershed Ventures LLC.(Weissman, Eric)
September 12, 2018 Opinion or Order Filing 85 ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Wednesday, October 10, 2018 at 2:30 p.m. in Courtroom 6-B, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least fifteen minutes beforehand to allow for the time required to pass through the security process. Counsel must read the Court's "Standing Order Applicable to Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. The parties should also note that paragraph 3 of the Standing Order requires certain written submissions, which must be received by the Court and opposing counsel no later than midnight four business days before the conference: that is, October 3, 2018. SO ORDERED. Settlement Conference set for 10/10/2018 at 02:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/12/2018) (ama)
September 12, 2018 Opinion or Order Filing 84 MEMO ENDORSEMENT: on re: #83 Letter filed by Hanford Holdings LLC. ENDORSEMENT: The Mediation Referral (Docket # 82) is Vacated. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/12/2018) (ama)
September 11, 2018 Filing 83 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Kasey F. Dunlap dated September 11, 2018 re: Mediation Order (ECF No. 82). Document filed by Hanford Holdings LLC.(Dunlap, Kasey)
September 7, 2018 Opinion or Order Filing 82 Vacated as per Judge's Order dated 9/12/2018, Doc. # 84 MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.12 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. The Clerk is respectfully requested to schedule this mediation as soon as possible consistent with the parties' schedules. SO ORDERED. ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 9/17/2018. Mediator Expertise Request due by 9/12/2018. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/07/2018) (ama) Transmission to Mediation Clerk for processing. Modified on 9/12/2018 (ama).
September 7, 2018 Minute Entry for proceedings held before Judge Victor Marrero: Initial Pretrial Conference held on 9/7/2018. Michael Norton present for plaintiff Rocky Aspen Management. Eric Weissman and John Iacobucci present for Rocky Aspen Management, Stephen Goglia, Mark Hamwi and Jeffrey Citron. Scott Meyers, Kasey Dunlap and M. Darren Traub present for defendant Hanford Holdings. Luke McGrath present for AH DB Kitchen Aspen Investors, Aristone Hospitality LLC, Castlegrace Equity Investors and Patrick McGrath. The Court will refer the matter to the designated Magistrate Judge for settlement. (rc)
September 7, 2018 Opinion or Order Filing 81 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. The parties seek a settlement conference at the soonest convenience. So Ordered. (Signed by Judge Victor Marrero on 9/7/2018) (js) Modified on 9/7/2018 (js).
July 26, 2018 Filing 80 AMENDED ANSWER to #23 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,, #49 Answer to Counterclaim, Answer to Third Party Complaint, Crossclaim,,, with JURY DEMAND. Document filed by Jeffrey Citron, Stephen Goglia, Mark Hamwi, Rocky Aspen Management 204 LLC, Watershed Ventures LLC. (Weissman, Eric)
July 20, 2018 Opinion or Order Filing 79 ENDORSED LETTER addressed to Judge Victor Marrero from Kasey F. Dunlap dated 7/19/2018 re: Pursuant to that discussion, counsel for all parties respectfully request that the Initial Conference scheduled for August 17, 2018 (ECF No. 78) be adjourned and rescheduled for September 7, 2018, at 10:15 a.m. ENDORSEMENT: Request granted. The initial pretrial conference herein is rescheduled to 9-7-18 at 10:15 a.m. So ordered. (Initial Conference set for 9/7/2018 at 10:15 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 7/20/2018) (rjm)
July 13, 2018 Opinion or Order Filing 78 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 8/17/2018 at 10:00 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. (As further set forth in this Order.) (Signed by Judge Victor Marrero on 7/13/2018) (cf)
July 12, 2018 Filing 77 ANSWER to #53 Amended Complaint, with JURY DEMAND. Document filed by Hanford Holdings LLC.(Traub, Michael)
June 28, 2018 Opinion or Order Filing 76 Vacated as per Judges Order dated 6/28/2018, Doc. #76 DECISION AND ORDER. For the reasons stated above, it is hereby ORDERED that the motion (Dkt. Nos. 51, 75) of Third-Party Cross-Claim Defendants Patrick McGrath, AH DB Kitchen Aspen Investors LLC, Castlegrace Equity Investors LLC, and Aristone Hospitality LLC to dismiss the cross-claims brought by Counter-Defendant Rocky Aspen Management 204 LLC and Third-Party Defendants Jeffrey Citron, Stephen Goglia, Mark Hamwi, and Watershed Ventures LLC (Dkt. No. 49) is GRANTED; ORDERED that the motion (Dkt. No. 65) of Defendant Hanford Holdings LLC to dismiss Plaintiffs Rocky Aspen Management 204 LLC and Craveable Hospitality Group LLC's Second Amended Complaint (Dkt. No. 53) is DENIED IN PART and GRANTED IN PART. So ordered. Craveable Hospitality Group LLC terminated. (Signed by Judge Victor Marrero on 6/28/2018). (rjm) Modified on 3/8/2019 (ks).
June 25, 2018 Opinion or Order Filing 75 ENDORSED LETTER addressed to Eric C. Weissman from Luke McGrath dated 3/17/2017 re: Accordingly, X-Claim Defendants will request the Court to allow a motion to dismiss all three cross claims with prejudice and instruct the parties to set an appropriate briefing schedule. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the X-Claim Defendants. SO ORDERED. (Signed by Judge Victor Marrero on 6/25/2018) (mml)
June 25, 2018 Opinion or Order Filing 74 ENDORSED LETTER addressed to Luke McGrath from Eric C. Weissman dated 3/20/2017 re: Tue Watershed Defendants object to the Request Letter and by copy of this letter to the Court request that the Court reject the Request Letter as a result of its blatant disregard of the express provisions governing such communications more fully detailed in Judge Marrerro's Individual Practice Rules. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Watershed Defendants. SO ORDERED. (Signed by Judge Victor Marrero on 6/25/2018) (mml)
June 25, 2018 Opinion or Order Filing 73 ENDORSED LETTER addressed to Luke McGrath from Eric C. Weissman dated 3/13/2017 re: For the reasons set forth herein, Watershed will not voluntarily dismiss such Cross Claims. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Watershed Defendants. SO ORDERED. (Signed by Judge Victor Marrero on 6/25/2018) (mml)
January 3, 2018 Opinion or Order Filing 72 MEMO ENDORSEMENT: on granting #71 NOTICE OF MOTION FOR LEAVE TO WITHDRAW APPEARANCE OF ALYX S. PATTISON. ENDORSEMENT: ORDERED that the Motion is GRANTED and the appearance of Alyx S. Pattison as counsel for Hanford Holdings, LLC in the above-captioned case in the United States District for the Southern District of New York is hereby withdrawn. Attorney Alyx S. Pattison is terminated. (Signed by Judge Victor Marrero on 1/3/2018) (ap)
December 27, 2017 Filing 71 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Withdraw Appearance of Alyx S. Pattinson. Document filed by Hanford Holdings LLC. (Attachments: #1 Affidavit K. Dunlap Declaration in support of Motion, #2 Text of Proposed Order Proposed Order withdrawing appearance of Alyx S. Pattinson)(Traub, Michael) Modified on 2/8/2018 (ldi).
November 29, 2017 Filing 70 NOTICE OF APPEARANCE by John Joseph Iacobucci, Jr on behalf of Jeffrey Citron, Stephen Goglia, Mark Hamwi, Rocky Aspen Management 204 LLC, Watershed Ventures LLC. (Iacobucci, John)
August 8, 2017 Opinion or Order Filing 69 ORDER FOR ADMISSION OF SHAWN M. TAYLOR PRO HAC VICE: granting #57 Motion for Shawn M. Taylor to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 8/8/2017) (ap)
July 13, 2017 Opinion or Order Filing 68 ORDER: It is hereby ordered that the initial case management conference for the above-captioned action before Judge Marrero, currently scheduled to be held on Friday, July 14, 2017 at 2:00 p.m., shall be adjourned until such time as the Court has resolved the issues raised in the parties pre-motion correspondence. (Signed by Judge Victor Marrero on 7/13/2017) (ap)
June 12, 2017 Opinion or Order Filing 67 ORDER: Case Management Conference set for 7/14/2017 at 2:00 PM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero, and as further set forth in this order. (Signed by Judge Victor Marrero on 6/10/2017) (ap)
May 26, 2017 Filing 66 AFFIDAVIT OF SERVICE of Subpoena served on Lou Miaritis, CFO, LDV Hospitality on 5/25/17. Service was accepted by Yoselin Abarca. Service was made by Mail. Document filed by Hanford Holdings LLC. (Traub, Michael)
May 12, 2017 Filing 65 ENDORSED LETTER: addressed to Michael E. Norton and Eric C. Weissman, from Scott A. Meyers, dated April 27, 2017, re: Second Amended Complaint. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant Hanford Holdings LLC. (Signed by Judge Victor Marrero on 5/12/2017) (ap)
May 9, 2017 Filing 64 ENDORSED LETTER: addressed to Scott Meyers, Esq., from Michael E. Norton, dated May 9, 2017, re: Response to Letter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 5/11/2017) (ap) Modified on 5/11/2017 (ap).
May 5, 2017 Opinion or Order Filing 63 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Victor Marrero on 5/5/2017) (rjm)
May 5, 2017 Opinion or Order Filing 62 STIPULATION AND ORDER CONCERNING NONWAIVER OF ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT PROTECTION. IT IS HEREBY ORDERED that: Documents generated after the filing of the original complaint in this litigation need not be logged. Documents that are presumptively privileged need not be logged. These are: a. Internal communications within a law firm; and b. Communications solely between outside counsel (including their staff) and in-house counsel (including their staff) related to this litigation or to the related action In re Rocky Aspen LLC, Case No. 16-12194-EEB, in the United States Bankruptcy Court, District of Colorado. The Parties will exchange information regarding claims of attorney client privilege and/or work product protection in an efficient manner, and as further specified herein regarding Privilege Logging Protocol. Disclosure of communications and information in this case, in any form and regardless of whether made by agreement or otherwise, shall be without prejudice to and shall not waive for purposes of this proceeding or any other Federal or State proceeding, any attorney-client privilege, work product protection, or any other applicable privilege, immunity, or protection afforded by law. For the avoidance of doubt, the provisions of this paragraph 2.1 shall apply to all disclosures, privileges, and protections within the scope of FED. R. EVID. 502(d), and further shall apply to all disclosures, privileges, and protections within this Court's authority, to the fullest extent permitted under law, and as further specified and set forth in this Stipulation and Order Concerning Nonwaiver of Attorney-Client Privilege and Work Product Protection. (Signed by Judge Victor Marrero on 5/5/2017) (rjm)
May 5, 2017 Opinion or Order Filing 61 STIPULATION AND ORDER CONCERNING PROTOCOL FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION:...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Victor Marrero on 5/5/2017) (ap) Modified on 5/24/2017 (ap).
May 5, 2017 Opinion or Order Filing 60 ENDORSED LETTER: addressed to Judge Victor Marrero, from Michael E. Norton, dated May 4, 2017, re: Extension of time to respond,. ENDORSEMENT: SO ORDERED. (Signed by Judge Victor Marrero on 5/5/2017) (ap)
April 21, 2017 Opinion or Order Filing 59 CORRECTED MOTION FOR ADMISSION PRO HAC VICE OF KASEY F. DUNLAP granting #58 Motion for Kasey F. Dunlap to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Victor Marrero on 4/21/2017) (cf)
April 20, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #58 MOTION for Kasey F. Dunlap to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13563694. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 20, 2017 Filing 58 MOTION for Kasey F. Dunlap to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13563694. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hanford Holdings LLC. (Attachments: #1 Text of Proposed Order Admitting Kasey F. Dunlap, #2 Exhibit A - Certificate of Good Standing, #3 Exhibit B - Affidavit of Kasey F. Dunlap)(Dunlap, Kasey)
April 4, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #57 MOTION for Shawn M. Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13502141. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 4, 2017 Filing 57 MOTION for Shawn M. Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13502141. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hanford Holdings LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Certificate of Good Standing, #3 Exhibit B - Affidavit of Shawn M. Taylor)(Taylor, Shawn)
April 3, 2017 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #56 MOTION for Shawn M. Taylor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): PLEASE PAY THE $200.00 FILING FEE AND PLEASE ATTACH AN AFFIDAVIT OR DECLARATION PURSUANT TO LOCAL RULE 1.3.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
April 3, 2017 Filing 56 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Shawn M. Taylor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hanford Holdings LLC. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order Admitting Shawn M. Taylor)(Taylor, Shawn) Modified on 4/3/2017 (ma).
March 28, 2017 Filing 55 STIPULATION EXTENDING TIME TO RESPOND TO SECOND AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys, that Hanford shall file its answer or response to the Second Amended Complaint within 30 days from the date this Stipulation is endorsed and entered by the Court. This Stipulation may be executed in more than one counterpart, all of which when taken together shall constitute one and the same Stipulation. (Signed by Judge Victor Marrero on 3/28/2017) (cla)
March 27, 2017 Filing 54 RULE 26 DISCLOSURE.Document filed by Jeffrey Citron, Stephen Goglia, Mark Hamwi, Rocky Aspen Management 204 LLC, Watershed Ventures LLC.(Crimaldi, Deena)
March 20, 2017 Filing 53 SECOND AMENDED COMPLAINT amending #52 Amended Complaint,, against Hanford Holdings LLC with JURY DEMAND.Document filed by Rocky Aspen Management 204 LLC, Craveable Hospitality Group LLC. Related document: #52 Amended Complaint,, filed by Rocky Aspen Management 204 LLC, Craveable Hospitality Group LLC. (Attachments: #1 Exhibit Bridge Loan Note, #2 Exhibit Pledge, #3 Exhibit Decision and Order)(Norton, Michael)
March 15, 2017 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael E. Norton to RE-FILE Document No. #52 Amended Complaint,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
March 13, 2017 Filing 52 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending #1 Complaint, against Rocky Aspen Management 204 LLC, Craveable Hospitality Group LLC with JURY DEMAND.Document filed by Rocky Aspen Management 204 LLC, Craveable Hospitality Group LLC. Related document: #1 Complaint, filed by Rocky Aspen Management 204 LLC. (Attachments: #1 Exhibit Ex. 1- Bridge Note, #2 Exhibit Ex. 2- Pledge Agreement, #3 Exhibit Ex. 3- Decision and Order)(Norton, Michael) Modified on 3/15/2017 (pc).
March 8, 2017 Filing 51 ENDORSED LETTER addressed to Eric C. Weissman from Luke McGrath dated 3/6/2017 re: Motion to Dismiss Crossclaims. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 3/7/2017) (cla)
February 14, 2017 Filing 50 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jeffrey Citron, Stephen Goglia, Mark Hamwi, Rocky Aspen Management 204 LLC, Watershed Ventures LLC.(Weissman, Eric)
February 14, 2017 Filing 49 Vacated as per Judges Order dated 2/14/2017, Doc. #49 ANSWER to #23 Counterclaim., ANSWER to #23 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,,., CROSSCLAIM against AH DB Kitchen Aspen Investors LLC, Aristone Hospitality LLC, Castlegrace Equity Investors LLC, Patrick McGrath. Document filed by Mark Hamwi, Jeffrey Citron, Stephen Goglia, Rocky Aspen Management 204 LLC, Watershed Ventures LLC.(Weissman, Eric) Modified on 3/8/2019 (ks).
February 1, 2017 Opinion or Order Filing 48 DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that the Motion (Dkt. No. 42) of plaintiff Rocky Aspen Management Company 204 LLC ("RAM 204") and third-party defendants Jeffrey Citron, Stephen Goglia, Mark Hamwi, and Watershed Ventures (collectively, the "Watershed Defendants) to dismiss defendant Hanford Holdings LLC's ("Hanford") Answer to First Amended Complaint for Declaratory Judgment, Affirmative Defenses, Counterclaims and Third-Party Complaint (Dkt. No. 23) is DENIED. (Signed by Judge Victor Marrero on 2/1/2017) (cla)
January 24, 2017 Filing 47 ENDORSED LETTER addressed to Judge Victor Marrero from Michael E. Norton dated 9/22/2016 re: Request for Withdrawal of Counter-Claims and Third-Party Claims. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 1/24/2017) (cla)
January 23, 2017 Filing 46 ANSWER to #23 Counterclaim. Document filed by AH DB Kitchen Aspen Investors LLC, Aristone Hospitality LLC, Patrick McGrath.(McGrath, Luke)
January 20, 2017 Filing 45 ENDORSED LETTER addressed to Michael E. Norton from Scott A. Meyers dated 9/21/2016 re: Opposition to Request to Withdraw Counterclaims/Third-Party Claims. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Hanford Holdings, LLC. (Signed by Judge Victor Marrero on 1/20/2017) (cla)
January 20, 2017 Filing 44 ENDORSED LETTER addressed to Scott A. Meyers, Esq. from Michael E. Norton dated 9/14/2016 re: Request to Withdraw Counterclaims/Third-Party Claims. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 1/20/2017) (cla)
January 4, 2017 Opinion or Order Filing 43 ENDORSED LETTER addressed to Judge Victor Marrero from Luke McGrath dated 12/22/2016 re: Request for a 30 day extension to respond to the letter. ENDORSEMENT: SO ORDERED. (Signed by Judge Victor Marrero on 1/4/2017) (cla)
December 6, 2016 Filing 42 ENDORSED LETTER addressed to Judge Victor Marrero from Michael E. Norton dated 11/17/2016 re: leave to file a formal motion to dismiss in which we address all legal infirmities in Hanford's pleading. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Rocky Aspen Management 204 LLC. (Signed by Judge Victor Marrero on 12/6/2016) (cf)
December 6, 2016 Filing 41 ENDORSED LETTER addressed to Judge Victor Marrero from Scott A. Meyers re: Hanford respectfully requests that the Court maintain its previous recommendation that the parties dispense with motion practice and proceed directly to discovery. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Hanford Holdings LLC. (Signed by Judge Victor Marrero on 12/6/2016) (cf)
November 30, 2016 Filing 40 ANSWER to #23 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,,. Document filed by AH DB Kitchen Aspen Investors LLC, Aristone Hospitality LLC, Castlegrace Equity Investors LLC, Patrick McGrath.(McGrath, Luke)
November 16, 2016 Filing 39 NOTICE OF APPEARANCE by Deena Marie Crimaldi on behalf of Jeffrey Citron, Stephen Goglia, Mark Hamwi, Rocky Aspen Management 204 LLC, Watershed Ventures LLC. (Crimaldi, Deena)
November 16, 2016 Filing 38 NOTICE OF APPEARANCE by Geoffrey William Heineman on behalf of Jeffrey Citron, Stephen Goglia, Mark Hamwi, Rocky Aspen Management 204 LLC, Watershed Ventures LLC. (Heineman, Geoffrey)
November 16, 2016 Filing 37 NOTICE OF APPEARANCE by Eric Corey Weissman on behalf of Jeffrey Citron, Stephen Goglia, Mark Hamwi, Rocky Aspen Management 204 LLC, Watershed Ventures LLC. (Weissman, Eric)
November 14, 2016 Opinion or Order Filing 36 STIPULATION EXTENDING TIME TO RESPOND TO THIRD-PARTY COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys, that Third-Party Defendants Aristone Hospitality LLC, Castlegrace Equity Investors LLC, AH DB Kitchen Aspen Investors LLC and Patrick McGrath, shall have up to and including November 30, 2016 to file their answer and otherwise respond, but not file a Motion to Dismiss, in response to the Third-Party Complaint in this action. This Stipulation may be executed in more than one counterpart, all of which when taken together shall constitute one and the same Stipulation. A signed electronic copy of this Stipulation shall have the same force and effect an original signed copy of this Stipulation. SO ORDERED. (AH DB Kitchen Aspen Investors LLC answer due 11/30/2016; Aristone Hospitality LLC answer due 11/30/2016; Castlegrace Equity Investors LLC answer due 11/30/2016; Patrick McGrath answer due 11/30/2016.) (Signed by Judge Victor Marrero on 11/14/2016) (cla)
November 4, 2016 Opinion or Order Filing 35 ORDER: It is hereby ordered that the initial case management conference for the above-captioned action before Judge Marrero, currently scheduled to be held on Friday, November 18, 2016 at 1:30 p.m., shall be adjourned, and the dates for filing any responsive pleadings shall be extended, until such time as the Court has resolved the issues raised in the parties pre-motion correspondence. (Signed by Judge Victor Marrero on 11/4/2016) (cla)
November 3, 2016 Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 11/3/2016. Michael Norton, counsel for plaintiff Rocky Aspen Management 204 LLC and third-party defendants Watershed Ventures LLC, Stephan Goglia, Mark Hamwi, and Jeffrey Citron, present. Alyx Pattison and Scott Meyers, counsel for defendant Hanford Holdings LLC, present. By November 17, 2016, plaintiff/third-party defendants are to submit a single-spaced five (5) page letter to the Court addressing the two questions discussed on the call. Defendants are to respond by December 5, 2016. (DAS)
October 14, 2016 Filing 34 ENDORSED LETTER addressed to Judge Victor Marrero from Michael E. Norton dated 10/13/2016 re: Request for Extension of time to respond to the counter-claims and third-party complaint. ENDORSEMENT: Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended to 11/14/16. (Jeffrey Citron answer due 11/14/2016; Stephen Goglia answer due 11/14/2016; Mark Hamwi answer due 11/14/2016; Rocky Aspen Management 204 LLC answer due 11/14/2016; Watershed Ventures LLC answer due 11/14/2016.) (Signed by Judge Victor Marrero on 10/14/2016) (cla)
October 7, 2016 Filing 33 STIPULATION EXTENDING TIME TO RESPOND TO THIRD-PARTY COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys, that Third-Party Defendants Aristone Hospitality LLC, Castlegrace Equity Investors LLC, AH DB Kitchen Aspen Investors LLC and Patrick McGrath, shall have up to and including Monday, November 14, 2016 in which to move, answer or otherwise respond to Third-Party Complaint in this action. This Stipulation may be executed in more than one counterpart, all of which when taken together shall constitute one and the same Stipulation. A signed electronic copy of this Stipulation shall have the same force and effect an original signed copy of this Stipulation. (AH DB Kitchen Aspen Investors LLC answer due 11/14/2016; Aristone Hospitality LLC answer due 11/14/2016; Castlegrace Equity Investors LLC answer due 11/14/2016; Patrick McGrath answer due 11/14/2016.) (Signed by Judge Victor Marrero on 10/7/2016) (cla)
October 6, 2016 Opinion or Order Filing 32 ORDER: It is hereby ordered that the initial case management conference for the above-captioned action before Judge Marrero, currently scheduled to be held on Friday, October 14, 2016 at 11:00 a.m., shall be rescheduled to Friday, November 18, 2016 at 1:30 p.m. ( Initial Conference set for 11/18/2016 at 01:30 PM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 10/6/2016) (cla)
September 30, 2016 Filing 31 ENDORSED LETTER addressed to Judge Victor Marrero from Michael E. Norton dated 9/29/2016 re: Request for two-week extension to respond to counter-claims and third-party complaint. ENDORSEMENT: Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended to 10/17/16. (AH DB Kitchen Aspen Investors LLC answer due 10/17/2016; Aristone Hospitality LLC answer due 10/17/2016; Castlegrace Equity Investors LLC answer due 10/17/2016; Jeffrey Citron answer due 10/17/2016; Stephen Goglia answer due 10/17/2016; Mark Hamwi answer due 10/17/2016; Patrick McGrath answer due 10/17/2016; Rocky Aspen Management 204 LLC answer due 10/17/2016; Watershed Ventures LLC answer due 10/17/2016.) (Signed by Judge Victor Marrero on 9/30/2016) (cla)
September 23, 2016 Opinion or Order Filing 30 ENDORSED LETTER addressed to Judge Victor Marrero from Michael E. Norton dated 9/22/2016 re: Currently, the time by which our clients are due to respond to the counter-claims and third-party complaint filed against them by defendant, counter-claimant Hanford Holdings LLC ("Hanford") expires on September 26, 2016. We are seeking a one week extension of that date to October 3, 2016. ENDORSEMENT: Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended to 10-3-16 as it relates to counterclaims. SO ORDERED. Jeffrey Citron answer due 10/3/2016; Stephen Goglia answer due 10/3/2016; Mark Hamwi answer due 10/3/2016; Rocky Aspen Management 204 LLC answer due 10/3/2016; Watershed Ventures LLC answer due 10/3/2016. (Signed by Judge Victor Marrero on 9/22/2016) (kko)
September 15, 2016 Opinion or Order Filing 29 ORDER FOR ADMISSION PRO HAC VICE: The motion of Alyx S. Pattison, for admission to practice Pro Hae Vice in the above captioned action is granted. (As further set forth in this Order.) (Signed by Judge Victor Marrero on 9/15/2016) (cf)
September 12, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #28 MOTION for Alyx Siobhan Pattison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12745163. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
September 12, 2016 Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Alyx Siobhan Pattison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12745163. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hanford Holdings LLC. (Attachments: #1 Letter of Good Standing, #2 Text of Proposed Order)(Pattison, Alyx) Modified on 9/12/2016 (wb).
September 6, 2016 Filing 27 ENDORSED LETTER addressed to Judge Victor Marrero from Michael E. Norton dated 8/31/2016 re: Counsel have conferred and agreed to hereby request that the Initial Conference currently scheduled for September 9, 2016 be adjourned to October 14, 2016 at 11:00 a.m. ENDORSEMENT: Request GRANTED. The initial conference herein is rescheduled to 10-14-16 at 11:00 a.m., ( Initial Conference set for 10/14/2016 at 11:00 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 9/6/2016) (lmb)
August 2, 2016 Filing 26 WAIVER OF SERVICE RETURNED EXECUTED. Jeffrey Citron waiver sent on 7/28/2016, answer due 9/26/2016; Stephen Goglia waiver sent on 7/28/2016, answer due 9/26/2016; Mark Hamwi waiver sent on 7/28/2016, answer due 9/26/2016; Watershed Ventures LLC waiver sent on 7/28/2016, answer due 9/26/2016. Document filed by Hanford Holdings LLC. (Meyers, Scott)
August 2, 2016 Filing 25 WAIVER OF SERVICE RETURNED EXECUTED. AH DB Kitchen Aspen Investors LLC waiver sent on 7/28/2016, answer due 9/26/2016; Aristone Hospitality LLC waiver sent on 7/28/2016, answer due 9/26/2016; Castlegrace Equity Investors LLC waiver sent on 7/28/2016, answer due 9/26/2016; Patrick McGrath waiver sent on 7/28/2016, answer due 9/26/2016. Document filed by Hanford Holdings LLC. (Meyers, Scott)
July 28, 2016 Opinion or Order Filing 24 NOTICE OF INITIAL CONFERENCE: Counsel for all parties are directed to appear before the Honorable Victor Marrero for an initial case management conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure on Friday, September 9, 2016 at 3:30 p.m. in Courtroom 11B at the United States Courthouse, 500 Pearl Street, New York, New York as further set forth in this order. Initial Conference set for 9/9/2016 at 03:30 PM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. (Signed by Judge Victor Marrero on 7/28/2016) (lmb)
July 27, 2016 Filing 23 ANSWER to #15 Amended Complaint, with JURY DEMAND., THIRD PARTY COMPLAINT against Aristone Hospitality LLC, Castlegrace Equity Investors LLC, Stephen Goglia, AH DB Kitchen Aspen Investors LLC, Patrick McGrath, Mark Hamwi, Watershed Ventures LLC, Jeffrey Citron., COUNTERCLAIM against Rocky Aspen Management 204 LLC. Document filed by Hanford Holdings LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Meyers, Scott)
July 22, 2016 Opinion or Order Filing 22 ORDER: Upon review of the parties' correspondence, it is hereby ORDERED that the request of plaintiff Rocky Aspen Management 204 LLC ("Rocky Aspen") for a pre-motion conference or, in the alternative, an order setting an expedited briefing schedule and hearing on its first amended complaint for declaratory judgment against Hanford Holdings LLC ("Hanford") (Dkt. No. 20) is DENIED. (As further set forth in this order) (Signed by Judge Victor Marrero on 7/22/2016) (lmb)
July 22, 2016 Filing 21 ENDORSED LETTER addressed to Judge Victor Marrero from Scott A. Meyers dated 7/6/2016 re: Plaintiff's request for expedited consideration should be denied at this time. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant Hanford Holdings, LLC. (Signed by Judge Victor Marrero on 7/22/2016) (lmb) (Main Document 21 replaced on 8/19/2016) (lmb).
July 22, 2016 Opinion or Order Filing 20 ENDORSED LETTER addressed to Judge Victor Marrero from Michael E. Norton dated 7/1/2016 re: We are writing pursuant to Rule II, (A)(2) of the Court's Individual Practices to respectfully request a pre-motion conference and/or, alternatively, that this letter be deemed and filed as a formal motion requesting an order setting an expedited briefing schedule and hearing on the issue encompassed in the above-caption Declaratory Judgment action. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 7/22/2016) (lmb)
July 6, 2016 Filing 19 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Hanford Holdings LLC served on 7/6/2016, answer due 7/27/2016. Service was accepted by Amy McLaren (Corporation Trust Co.). Document filed by Rocky Aspen Management 204 LLC. (Norton, Michael)
July 5, 2016 Filing 18 ELECTRONIC AMENDED SUMMONS ISSUED as to Hanford Holdings LLC. (laq)
June 30, 2016 Filing 17 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Hanford Holdings LLC, re: #15 Amended Complaint,. Document filed by Rocky Aspen Management 204 LLC. (Norton, Michael)
June 30, 2016 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #16 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; Parties have been issued Summons already. An Amended Summons is needed. The word AMENDED needs to be on the request, it should read out AMENDED SUMMONS IN A CIVIL ACTION.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dgo)
June 29, 2016 Filing 16 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Hanford Holdings LLC, re: #15 Amended Complaint,. Document filed by Rocky Aspen Management 204 LLC. (Norton, Michael) Modified on 6/30/2016 (dgo).
June 29, 2016 Filing 15 FIRST AMENDED COMPLAINT amending #1 Complaint, against Hanford Holdings LLC.Document filed by Rocky Aspen Management 204 LLC. Related document: #1 Complaint, filed by Rocky Aspen Management 204 LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Norton, Michael)
June 21, 2016 Opinion or Order Filing 14 ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for Jason P. Stiehl to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 6/21/2016) (lmb)
June 20, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Jason Patrick Stiehl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12441387. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
June 20, 2016 Filing 13 MOTION for Jason Patrick Stiehl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12441387. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hanford Holdings LLC. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Stiehl, Jason)
June 20, 2016 Filing 12 NOTICE OF APPEARANCE by Michael Darren Traub on behalf of Hanford Holdings LLC. (Traub, Michael)
June 20, 2016 Filing 11 NOTICE OF APPEARANCE by Benjamin Reid Joelson on behalf of Hanford Holdings LLC. (Joelson, Benjamin)
June 17, 2016 Filing 10 NOTICE OF CHANGE OF ADDRESS by Scott A. Meyers on behalf of Hanford Holdings LLC. New Address: Akerman LLP, 71 S. Wacker Drive, 46th Floor, Chicago, Illinois, USA 60606, (312) 634-5700. (Meyers, Scott)
June 17, 2016 Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Spectrum Master Fund for Hanford Holdings LLC. Document filed by Hanford Holdings LLC.(Meyers, Scott)
June 17, 2016 Filing 8 NOTICE OF APPEARANCE by Scott A. Meyers on behalf of Hanford Holdings LLC. (Meyers, Scott)
June 14, 2016 Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,. Hanford Holdings LLC served on 6/13/2016, answer due 7/5/2016. Service was accepted by Amy McLaren (Corporation Trust Co.). Document filed by Rocky Aspen Management 204 LLC. (Norton, Michael)
June 10, 2016 Filing 6 ELECTRONIC SUMMONS ISSUED as to Hanford Holdings LLC. (laq)
June 9, 2016 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Hanford Holdings LLC, re: #1 Complaint,. Document filed by Rocky Aspen Management 204 LLC. (Norton, Michael)
June 9, 2016 Case Designated ECF. (dgo)
June 9, 2016 Magistrate Judge Gabriel W. Gorenstein is so designated. (dgo)
June 9, 2016 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dgo)
June 9, 2016 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): Filed against error. No party entered on ECF when filing the summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dgo)
June 8, 2016 Filing 4 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint,. Document filed by Rocky Aspen Management 204 LLC. (Norton, Michael) Modified on 6/9/2016 (dgo).
June 8, 2016 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rocky Aspen Management 204 LLC.(Norton, Michael)
June 8, 2016 Filing 2 CIVIL COVER SHEET filed. (Norton, Michael)
June 8, 2016 Filing 1 COMPLAINT against Hanford Holdings LLC. (Filing Fee $ 400.00, Receipt Number 0208-12394316)Document filed by Rocky Aspen Management 204 LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Norton, Michael)

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Search for this case: Rocky Aspen Management 204 LLC v. Hanford Holdings LLC
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3rd party plaintiff: Hanford Holdings LLC
Represented By: Scott A. Meyers
Represented By: Kasey M. Dunlap
Represented By: Benjamin Reid Joelson
Represented By: Jason Stiehl
Represented By: Alyx Siobhan Pattison
Represented By: Michael Darren Traub
Represented By: Shawn M. Taylor
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3rd party plaintiff: AH DB Kitchen Aspen Investors LLC
Represented By: Luke McGrath
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3rd party plaintiff: Castlegrace Equity Investors LLC
Represented By: Kamanta Clintessia Kettle
Represented By: Luke McGrath
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3rd party plaintiff: Patrick McGrath
Represented By: Kamanta Clintessia Kettle
Represented By: Luke McGrath
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3rd party plaintiff: Aristone Hospitality LLC
Represented By: Kamanta Clintessia Kettle
Represented By: Luke McGrath
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3rd party plaintiff: AH DB Kitchen Investors LLC
Represented By: Kamanta Clintessia Kettle
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Plaintiff: Rocky Aspen Management 204 LLC
Represented By: Michael E. Norton
Represented By: Elana Tori Henderson
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Plaintiff: Craveable Hospitality Group LLC
Represented By: Michael E. Norton
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Cross defendant: Jeffrey Citron
Represented By: Eric Corey Weissman
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Cross defendant: Mark Hamwi
Represented By: Eric Corey Weissman
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Cross defendant: Craveable Hospitality Group, f/k/a Watershed Ventures LLC
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Cross defendant: Craveable Hospitality Group
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Cross defendant: Stephen Goglia
Represented By: Eric Corey Weissman
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3rd party defendant: Watershed Ventures LLC
Represented By: Deena Marie Crimaldi
Represented By: John Joseph Iacobucci, Jr.
Represented By: Geoffrey William Heineman
Represented By: Eric Corey Weissman
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3rd party defendant: Matthew O'Neill
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