Valtus Capital Group, LLC v. Parq Equity Limited Partnership et al
| Valtus Capital Group, LLC |
| Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Equity Limited Partnership, 1010094 B.C. LTD. and Parq Vancouver ULC |
| 1:2019cv04737 |
| May 22, 2019 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 50 NOTICE of of Valtus' Counter Statement to Defendants' Local Rule 56.1(b) Statement of Additional Material Facts re: #48 Notice (Other),. Document filed by Valtus Capital Group, LLC. (Weingarten, Richard) |
| Filing 49 REPLY MEMORANDUM OF LAW in Support re: #36 MOTION for Partial Summary Judgment . . Document filed by Valtus Capital Group, LLC. (Weingarten, Richard) |
| Filing 48 NOTICE of Defendants' Local Rule 56.1(b) Statement Of Additional Material Facts re: #47 Counter Statement to Rule 56.1, #38 Rule 56.1 Statement. Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. (Hall, Thomas) |
| Filing 47 COUNTER STATEMENT TO #38 Rule 56.1 Statement. Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. (Hall, Thomas) |
| Filing 46 MEMORANDUM OF LAW in Opposition re: #36 MOTION for Partial Summary Judgment . . Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. (Hall, Thomas) |
| Filing 45 REPLY MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss the Second Amended Complaint. . Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. (Hall, Thomas) |
Filing 44
SCHEDULING ORDER: Having met and conferred, the Parties hereby propose the following schedule for pretrial: 1.All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c).2.No further amended pleadings shall be allowed without leave of the Court.3.Initial disclosures pursuant to Rule 26(a)(l) of the Federal Rules of Civil Procedure shall be completed no later than August 30, 2019.4.All fact discovery, including depositions, and responses to requests forproduction, interrogatories, and requests for admission, shall be completed no later than February 7, 2020.5.Expert reports and disclosure of expert testimony conforming to therequirements of Fed. R. Civ. P. 26(a)(2)(B), must be served by March 6,2020. Identification of rebuttal experts and disclosure of their experttestimony must occur by April 3, 2020.6.Expert discovery must be completed by May 1, 2020.7.The following motions will be served by the dates indicated below.8.In the event that either party identifies an expert, motions for summary judgment shall be served no later than May 29, 2020. If neither party identifies an expert, motions for summary judgment shall be served no later than March 6, 2020.9.Oppositions to any motions for summary judgment shall be served within 30 days, and replies, if any, shall be served within 21 days thereafter.10.In the event no motions for summary judgment are filed, the Joint Pretrial Order must be filed within 30 days of the close of fact discovery or expert discovery, whichever is later.11.As described in greater detail in this Court's Individual Practices in Civil Cases, the following documents must be filed with the Pretrial Order: Voir Dire, Requests to Charge and a Memorandum of Law addressing all questions of law expected to arise at trial. Any responsive papers are due one week thereafter. Counsel will provide the Court with two (2) courtesy copies of all pretrial documents at the time of filing. (Signed by Judge Denise L. Cote on 8/26/2019) (gr)
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| Filing 43 PROPOSED SCHEDULING ORDER. Document filed by Valtus Capital Group, LLC. (Weingarten, Richard) |
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Filing 42
ORDER: It is hereby ORDERED that the defendants' request for a stay of discovery is denied. IT IS FURTHER ORDERED that the parties shall consult regarding a proposed schedule for this case and submit a proposed pretrial scheduling order by August 26, 2019. SO ORDERED. (Signed by Judge Denise L. Cote on 8/21/2019) (jca)
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| Filing 41 MEMO ENDORSEMENT on MOTION TO WITHDRAW APPEARANCE: granting #35 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. Attorney Matthew Clayton Lamb terminated. (Signed by Judge Denise L. Cote on 8/20/2019) (ama) |
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Filing 40
ORDER: ORDERED that defendants shall serve any opposition to the motion for summary judgment by August 30, 2019. Plaintiff's reply, if any, shall be served by September 6. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED (Signed by Judge Denise L. Cote on 8/20/2019) (ama)
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| Filing 39 MEMORANDUM OF LAW in Support re: #36 MOTION for Partial Summary Judgment . and in Opposition re: #28 Motion to Dismiss. Document filed by Valtus Capital Group, LLC. (Schmit, Joseph) |
| Filing 38 RULE 56.1 STATEMENT. Document filed by Valtus Capital Group, LLC. (Schmit, Joseph) |
| Filing 37 DECLARATION of Viney Singal in Support re: #36 MOTION for Partial Summary Judgment .. Document filed by Valtus Capital Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Schmit, Joseph) |
| Filing 36 MOTION for Partial Summary Judgment . Document filed by Valtus Capital Group, LLC.(Schmit, Joseph) |
| Filing 35 MOTION for Matthew C. Lamb to Withdraw as Attorney . Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC.(Hall, Thomas) |
| Filing 34 NOTICE OF APPEARANCE by Jacob Laksin on behalf of 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. (Laksin, Jacob) |
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Filing 33
MEMO ENDORSEMENT on re: #32 Letter, filed by 1010094 B.C. LTD., Parq Vancouver ULC, Parq Vancouver Limited Partnership, Parq Equity Limited Partnership, Parq Holdings Limited Partnership. ENDORSEMENT: The parties may serve initial interrogatories and document demands. An order following August 16 will address when production is due. (Signed by Judge Denise L. Cote on 8/6/2019) (jca)
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| Filing 32 LETTER addressed to Judge Denise L. Cote from Thomas J. Hall dated August 5, 2019 re: Response to Plaintiff's letter dated August 2, 2019 (Dkt. 31) and request to stay discovery pending resolution of Defendants' Motion to Dismiss Plaintif's Second Amended Complaint. Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC.(Hall, Thomas) |
| Filing 31 LETTER addressed to Judge Denise L. Cote from Joseph B. Schmit dated August 2, 2019 re: payment of undisputed fees and discovery. Document filed by Valtus Capital Group, LLC.(Schmit, Joseph) |
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Filing 30
ORDER: On June 21, 2019, defendants filed a motion to dismiss the first amended complaint in this action pursuant to Rule 12(b)(6), Fed. R. Civ. P. An Order of June 24 directed the plaintiff to file any amended complaint by July 12 and alerted the plaintiff that it would likely not have another opportunity to amend. The plaintiff filed a second amended complaint on July 12, thereby mooting the defendants motion. Defendants renewed their motion on July 26. It is hereby ORDERED that the plaintiff shall serve any opposition to the motion to dismiss by August 16, 2019. Defendants reply, if any, shall be served by August 30. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 7/29/2019) (gr)
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Filing 29
ENDORSED LETTER addressed to Judge Denise L. Cote from Joseph B. Schmit dated July 26, 2019 re: Court's July 12, 2019 Order regarding discovery. ENDORSEMENT: Counsel are reminded letters to the Court may not exceed two pages. Status letter is due 8/2/2019. (Signed by Judge Denise L. Cote on 7/29/2019) (gr)
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| Filing 28 MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss the Second Amended Complaint. of Partial Motion to Dismiss Plaintiff's Second Amended Complaint. Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. (Hall, Thomas) |
| Filing 27 DECLARATION of Chad Boynak in Support re: #26 MOTION to Dismiss the Second Amended Complaint.. Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. (Attachments: #1 Exhibit A - Private Placement Agreement, #2 Exhibit B - Bridge Loan, #3 Exhibit C - December 2018 Promissory Note, #4 Exhibit D - April 2019 Restated Promissory Note, #5 Exhibit E - Second Lien Loan, #6 Exhibit F - 3L Promissory Note (executed))(Hall, Thomas) |
| Filing 26 MOTION to Dismiss the Second Amended Complaint. Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC.(Hall, Thomas) |
| Filing 25 LETTER addressed to Judge Denise L. Cote from Joseph B. Schmit dated July 26, 2019 re: Court's July 12, 2019 Order regarding discovery. Document filed by Valtus Capital Group, LLC.(Schmit, Joseph) |
| Filing 24 SUPPLEMENTAL LETTER addressed to Judge Denise L. Cote from Thomas J. Hall dated July 19, 2019 re: Second Supplemental Submission Pursuant to Individual Rule 4(C). Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. (Attachments: #1 Declaration of Paul Bouzanis (with number of trustees))(Hall, Thomas) |
| Filing 23 SECOND AMENDED COMPLAINT amending #21 Amended Complaint, against 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC with JURY DEMAND.Document filed by Valtus Capital Group, LLC. Related document: #21 Amended Complaint,. (Attachments: #1 Stipulation)(Weingarten, Richard) |
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Filing 22
ORDER: On June 21, 2019, defendants filed a motion to dismiss the first amended complaint in this action pursuant to Rule 12(b)(6), Fed. R. Civ. P. An Order of June 24 directed the plaintiff to file any amended complaint by July 12 and alerted the plaintiff that it would likely not have another opportunity to amend. On June 12, the plaintiff filed an amended complaint. Accordingly, it is hereby ORDERED that the defendants June 21 motions shall be terminated as moot. (Signed by Judge Denise L. Cote on 7/15/2019) (gr)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard Keith Weingarten to RE-FILE re: Document No. #21 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; due to deficient filing on due date, Court's leave must be granted. 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo) |
| Filing 21 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - SECOND AMENDED COMPLAINT against All Defendants with JURY DEMAND.Document filed by Valtus Capital Group, LLC.(Weingarten, Richard) Modified on 7/15/2019 (jgo). |
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Filing 20
ORDER: As set forth at the pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on July 12, 2019, the following schedule shall govern the further conduct of pretrial proceedings in this case: (1) The plaintiff shall file a supplemental diversity letter that identifies the remaining limited partners of the upstream entities by July 19, 2019. (2) The plaintiff shall submit a status letter to the Court by July 26, 2019 indicating whether defendant has satisfied its obligation to pay the amount undisputed under the relevant contracts, and, if not, whether plaintiff wishes to begin discovery. (Signed by Judge Denise L. Cote on 7/12/2019) (gr)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 7/12/2019. (gr) |
| Filing 19 SUPPLEMENTAL LETTER addressed to Judge Denise L. Cote from Thomas J. Hall dated July 11, 2019 re: supplement to our July 11, 2019 Letter Submission Pursuant to Individual Rule 4(C) (Dkt. 18) in advance of Initial Conference. Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC.(Hall, Thomas) |
| Filing 18 LETTER addressed to Judge Denise L. Cote from Thomas J. Hall dated July 11, 2019 re: basis for the existence of diversity of citizenship in advance of Initial Conference. Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC.(Hall, Thomas) |
| Set/Reset Hearing Time: Initial Conference set for 7/12/2019 at 10:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (gr) |
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Filing 17
ORDER:On June 21, 2019, defendants filed a motion to dismiss the complaint pursuant to Rule 12(b)(6), Fed. R. Civ. P. Under Rule 15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is herebyORDERED that plaintiff shall file any amended complaint by July 12, 2019. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiff shall file any opposition to the motion to dismiss by July 12, 2019. Defendants reply, if any, shall be filed by July 26. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 6/24/2019) (gr)
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| Filing 16 DECLARATION of Paul Bouzanis in Support re: #14 MOTION to Dismiss .. Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. (Attachments: #1 Exhibit A. Amended Complaint, #2 Exhibit B. Private Placement Agreement, #3 Exhibit C. Bridge Loan, #4 Exhibit D. December 2018 Promissory Note, #5 Exhibit E. Restated Promissory Note, #6 Exhibit F. Second Lien Loan)(Hall, Thomas) |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. (Hall, Thomas) |
| Filing 14 MOTION to Dismiss . Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC.(Hall, Thomas) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Valtus Capital Group, LLC.(Weingarten, Richard) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Dundee Corporation for 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC.(Hall, Thomas) |
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Filing 11
ORDER granting #10 Letter Motion to Adjourn Conference. The conference is adjourned to July 12 at 4:00 PM (Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote). (Signed by Judge Denise L. Cote on 6/12/2019) (gr)
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| Filing 10 LETTER MOTION to Adjourn Conference scheduled for June 28, 2019 addressed to Judge Denise L. Cote from Thomas J. Hall dated June 10, 2019. Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC.(Hall, Thomas) |
| Filing 9 NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice) Initial Conference set for 6/28/2019 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Please follow the procedures set forth in the Notice.) (Signed by Judge Denise L. Cote on 6/7/2019) (gr) |
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Filing 8
STIPULATION AND ORDER EXTENDING TIME for Defendants to respond to the complaint by 6/21/2019. (Signed by Judge Denise L. Cote on 6/6/2019) (gr)
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| Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. (Hall, Thomas) |
| Filing 6 NOTICE OF APPEARANCE by Matthew Clayton Lamb on behalf of 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. (Lamb, Matthew) |
| Filing 5 NOTICE OF APPEARANCE by Thomas Joseph Hall on behalf of 1010094 B.C. LTD., Parq Equity Limited Partnership, Parq Holdings Limited Partnership, Parq Vancouver Limited Partnership, Parq Vancouver ULC. (Hall, Thomas) |
| Filing 4 NOTICE OF APPEARANCE by Joseph B. Schmit on behalf of Valtus Capital Group, LLC. (Schmit, Joseph) |
| Filing 3 NOTICE OF APPEARANCE by Richard Keith Weingarten on behalf of Valtus Capital Group, LLC. (Weingarten, Richard) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas Joseph Hall. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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. (sj) |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sj) |
| Case Designated ECF. (sj) |
| Filing 2 CIVIL COVER SHEET filed. (Hall, Thomas) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652320/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-16937335).Document filed by 1010094 B.C. LTD., Parq Vancouver Limited Partnership, Parq Holdings Limited Partnership, Parq Equity Limited Partnership, Parq Vancouver ULC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hall, Thomas) |
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