Bluebird Reinsurance Company Ltd. v. ParkWest Advisors Group, LLC
Plaintiff: Bluebird Reinsurance Company Ltd., A Bermuda Company and Bluebird Reinsurance Company Ltd.
Defendant: ParkWest Advisors Group, LLC
Case Number: 1:2020cv04481
Filed: June 11, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28:1332bc
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2020 Opinion or Order Filing 17 MEMO ENDORSEMENT on re: #16 Proposed Stipulation and Order filed by ParkWest Advisors Group, LLC. ENDORSEMENT: Application GRANTED, in part. Defendant shall respond to the Complaint by August 10, 2020. The August 25th conference shall be treated as the initial pretrial conference. SO ORDERED. (ParkWest Advisors Group, LLC answer due 8/10/2020. Initial Conference set for 8/25/2020 at 03:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/5/2020) (rro)
July 31, 2020 Filing 16 PROPOSED STIPULATION AND ORDER. Document filed by ParkWest Advisors Group, LLC..(Whalen, Ryan)
July 30, 2020 Filing 15 NOTICE OF APPEARANCE by Ryan James Whalen on behalf of ParkWest Advisors Group, LLC..(Whalen, Ryan)
July 24, 2020 Filing 14 AFFIDAVIT OF SERVICE of Order Scheduling Default Judgment Briefing and Show Cause Hearing served on ParkWest Advisors Group, LLC on 7/24/2020. Service was made by First Class Overnight Mail. Document filed by Bluebird Reinsurance Company Ltd...(Rosenfeld, Steven)
July 24, 2020 Opinion or Order Filing 13 ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING. It is hereby ORDERED that any motion for default judgment shall be filed, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), no later than August 7, 2020. Defendant shall file any opposition to the motion for default judgment no later than August 14, 2020. Defendant is cautioned that a partnership/association/limited liability company may appear in federal court only through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007), and where a partnership/association/limited liability company "repeatedly fails to appear by counsel, a default judgment may be entered against it," Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted).If a motion for default judgment is filed, it is further ORDERED that Defendant appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on August 25, 2020, at 3:30 p.m., why an order should not be issued granting a default judgment against Defendant. It is further ORDERED that Plaintiff serve Defendant via overnight courier (1) with a copy of this Order within one business day of the date of this Order; and (2) with a copy of the motion for default judgment and all supporting papers within one business day of the date of any such motion. In each case, within two business days of service, Plaintiff must file proof of such service on the docket. Finally, it is ORDERED that the initial pretrial conference previously scheduled for October 6, 2020, is adjourned sine die. SO ORDERED. ( Show Cause Hearing set for 8/25/2020 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.), ( Motions due by 8/7/2020., Responses due by 8/14/2020) (Signed by Judge Jesse M. Furman on 7/24/20) (yv)
July 23, 2020 Filing 12 DECLARATION of Steven E. Rosenfeld in Support re: #11 Proposed Clerk's Certificate of Default,. Document filed by Bluebird Reinsurance Company Ltd...(Rosenfeld, Steven)
July 23, 2020 Filing 11 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Bluebird Reinsurance Company Ltd...(Rosenfeld, Steven) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
June 30, 2020 Filing 10 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,. ParkWest Advisors Group, LLC served on 6/24/2020, answer due 7/15/2020. Service was made by Drop Box. Document filed by Bluebird Reinsurance Company Ltd...(Rosenfeld, Steven)
June 22, 2020 Filing 9 NOTICE TO TAKE DEPOSITION of SEAN P. DOUGHERTY on 08/22/2020 at 10:00 AM.Document filed by Bluebird Reinsurance Company Ltd...(Rosenfeld, Steven)
June 18, 2020 Filing 8 FIRST AMENDED COMPLAINT amending #2 Complaint,,, against ParkWest Advisors Group, LLC with JURY DEMAND.Document filed by Bluebird Reinsurance Company Ltd.. Related document: #2 Complaint,,,. (Attachments: #1 Exhibit Exhibit A Fully Executed Term Sheet 11.5.19, #2 Exhibit Exhibit B Term Sheet Initial Draft 9.10.19, #3 Exhibit Exhibit C Term Sheet First Execution Version 10.30.19, #4 Exhibit Exhibit D Bluebird Objection Email 11.21.19, #5 Exhibit Exhibit E Parkwest Response Email 11.21.19, #6 Exhibit Exhibit F Term Sheet Discussion Email 9.12.19, #7 Exhibit Exhibit G Parkwest Draft Term Loan Agmt Email 11.21.19, #8 Exhibit Exhibit H Parkwest Draft Term Loan Agmt, #9 Exhibit Exhibit I Bluebird Demand Email 2.3.20, #10 Exhibit Exhibit J Bluebird Signed Term Sheet Email 11.5.19, #11 Exhibit Exhibit K Parkwest Term Sheet Acceptance Email11.5.19).(Rosenfeld, Steven)
June 16, 2020 Filing 7 ELECTRONIC SUMMONS ISSUED as to ParkWest Advisors Group, LLC..(jgo)
June 15, 2020 Opinion or Order Filing 6 ORDER, It is hereby ORDERED that, on or before June 22, 2020, the Plaintiff shall amend its Complaint to allege the citizenship of each constituent person or entity comprising the Defendant LLC. If, by that date, the Plaintiff is unable to amend the Complaint to truthfully allege complete diversity of citizenship, then the Complaint will be dismissed for lack of subject matter jurisdiction without further notice to either party SO ORDERED. ( Amended Pleadings due by 6/22/2020.) (Signed by Judge Jesse M. Furman on 6/15/20) (yv)
June 15, 2020 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to ParkWest Advisors Group, LLC, re: #2 Complaint,,,. Document filed by Bluebird Reinsurance Company Ltd...(Rosenfeld, Steven)
June 15, 2020 Opinion or Order Filing 4 NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on October 6, 2020, at 3:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 10/6/2020 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/15/20) (yv)
June 15, 2020 Filing 3 CIVIL COVER SHEET filed..(Rosenfeld, Steven)
June 15, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Steven E. Rosenfeld to RE-FILE Document No. #1 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc)
June 15, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Steven E. Rosenfeld. The party information for the following party/parties has been modified: Bluebird Reinsurance Company Ltd., A Bermuda Company. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
June 15, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
June 15, 2020 Magistrate Judge Gabriel W. Gorenstein 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
June 15, 2020 Case Designated ECF. (pc)
June 12, 2020 Filing 2 COMPLAINT against ParkWest Advisors Group, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-20234377)Document filed by Bluebird Reinsurance Company Ltd., A Bermuda Company. (Attachments: #1 Exhibit Exhibit A Fully Executed Term Sheet 11.5.19, #2 Exhibit Exhibit B Term Sheet Initial Draft 9.10.19, #3 Exhibit Exhibit C Term Sheet First Execution Version 10.30.19, #4 Exhibit Exhibit D Bluebird Objection Email 11.21.19, #5 Exhibit Exhibit E Parkwest Response Email 11.21.19, #6 Exhibit Exhibit F Term Sheet Discussion Email 9.12.19, #7 Exhibit Exhibit G Parkwest Draft Term Loan Agmt Email 11.21.19, #8 Exhibit Exhibit H Parkwest Draft Term Loan Agmt, #9 Exhibit Exhibit I Bluebird Demand Email 2.3.20, #10 Exhibit Exhibit J Bluebird Signed Term Sheet Email 11.5.19, #11 Exhibit Exhibit K Parkwest Term Sheet Acceptance Email11.5.19).(Rosenfeld, Steven)
June 12, 2020 Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Rosenfeld, Steven) Modified on 6/15/2020 (pc).
June 12, 2020 ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Steven E. Rosenfeld to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 6/17/2020. (pc)

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Defendant: ParkWest Advisors Group, LLC
Represented By: Ryan James Whalen
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Plaintiff: Bluebird Reinsurance Company Ltd., A Bermuda Company
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Plaintiff: Bluebird Reinsurance Company Ltd.
Represented By: Steven E. Rosenfeld
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