BMO Harris Bank N.A. v. Principis Capital LLC et al
| BMO Harris Bank N.A. |
| FF2 Corp. and Principis Capital LLC |
| Benamu Ventures LLC |
| Patrick J O'Malley |
| 1:2020cv06355 |
| August 12, 2020 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Negotiable Instrument |
| 28 U.S.C. § 1332 bc |
| None |
Docket Report
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Filing 57
ORDER denying without prejudice to renewal #4 Motion to Appoint: It is hereby ORDERED that BMO's motion for appointment of a receiver is DENIED without prejudice to renewal if circumstances should warrant it. It is further ORDERED that the parties shall complete mediation before a third-party neutral and if the parties would like to participate in the Court's mediation program at no cost, the parties shall file a joint letter request by October 12, 2020. The parties shall file a joint status letter within two business days upon completion of the mediation, apprising the Court of the outcome of mediation. It is further ORDERED that the initial pretrial conference scheduled for October 15, 2020, is adjourned sine die pending completion of mediation. Defendants are reminded that their deadline to answer or otherwise respond to the Complaint is October 13, 2020. It is further ORDERED that Principis shall continue to service the accounts or shall advise the Court and BMO with at least two business days' if servicing is to be discontinued. It is further ORDERED that Principis shall not transfer any assets without the consent of BMO, unless the transfers are made within the course of ordinary business. The Clerk of Court is respectfully directed to close Dkt. No. 4. (Signed by Judge Lorna G. Schofield on 10/8/2020) (jwh)
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| Filing 56 LETTER addressed to Judge Lorna G. Schofield from Saul E Feder, Esq, attorney for creditor Benamu Ventures LLC dated October 8, 2020 re: Submission of Opposition to the appointment of a Receiver by Principis creditor Benamu Ventures LLC. Document filed by Benamu Ventures LLC. (Attachments: #1 Affidavit Benamu Declaration in Opposition to the appointment of a Receiver, #2 Exhibit Ex. A - Benamu's July 1, 2017 Note from Principis, #3 Supplement Benamu Memorandum in Opposition to the appointment of a Receiver).(Feder, Saul) |
| Filing 55 NOTICE OF APPEARANCE by Saul E. Feder on behalf of Benamu Ventures LLC..(Feder, Saul) |
| Filing 54 JOINT LETTER addressed to Judge Lorna G. Schofield from David T.B. Audley dated October 6, 2020 re: Joint Status. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| Filing 53 WAIVER OF SERVICE RETURNED EXECUTED. FF2 Corp. waiver sent on 8/14/2020, answer due 10/13/2020; Principis Capital LLC waiver sent on 8/14/2020, answer due 10/13/2020. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
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Filing 52
ORDER: WHEREAS, a conference was held on September 24, 2020, at 4:30 p.m. to discuss Plaintiff's motion to appoint a receiver (Dkt. No. 4). For the reasons stated at the conference, it is hereby ORDERED that by October 6, 2020, at 5:00 p.m., the parties shall file a joint letter, apprising the Court of whether an agreement has been reached, including jointly proposed next steps. It is further ORDERED that by September 30, 2020, Plaintiff shall file proof of service or an executed waiver of service of the Complaint, and Defendant shall file any request to extend the deadline to answer or otherwise respond to the Complaint, indicating whether Plaintiff consents and providing a justification for the deadline extension. ( Service due by 9/30/2020.) (Signed by Judge Lorna G. Schofield on 9/24/2020) (cf)
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Filing 51
ENDORSED LETTER addressed to Judge Lorna G. Schofield from David T.B. Audley and Francis X. Manning dated 09/23/2020 re: Pursuant to the Courts September 18, 2020 Order (ECF No. #49 ), the parties respectfully submit this settlement status letter. Because the parties are unable to jointly agree on next steps, we are reporting in different sections. ENDORSEMENT: The parties are advised that the telephonic conference scheduled for today at 4:30 p.m. will proceed on the following conference call line: (888) 363-4749, access code: 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. (Signed by Judge Lorna G. Schofield on 09/24/2020) (jcs)
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| Filing 50 JOINT LETTER addressed to Judge Lorna G. Schofield from David T.B. Audley dated September 23, 2020 re: Joint Status. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| Filing 49 MEMO ENDORSEMENT on re: #48 Letter filed by BMO Harris Bank N.A. ENDORSEMENT: The conference scheduled for September 18, 2020, at 4:30 p.m., is adjourned to September 24, 2020, at 4:30 p.m. The parties shall meet and confer prior to the conference and file a joint status letter by September 23, 2020, at 5:00 p.m. (Telephone Conference set for 9/24/2020 at 04:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/18/2020) (cf) |
| Filing 48 JOINT LETTER addressed to Judge Lorna G. Schofield from David T.B. Audley dated September 17, 2020 re: Joint Status. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
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Filing 47
MEMO ENDORSEMENT on re: #46 Letter filed by BMO Harris Bank N.A. ENDORSEMENT: Application GRANTED. The telephonic status conference scheduled for September 11, 2020, is adjourned to September 18, 2020, at 4:30 p.m. By September 17, 2020, at 5:00 p.m., the parties shall file a joint letter, apprising the Court of whether an agreement has been reached, including jointly proposed next steps. So Ordered. (Telephone Conference set for 9/18/2020 at 04:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/11/2020) (cf)
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| Filing 46 JOINT LETTER addressed to Judge Lorna G. Schofield from Joseph P. Lombardo dated September 10, 2020 re: Joint Status. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| Filing 45 MOTION for Eric S. Silvestri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21547458. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BMO Harris Bank N.A.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Silvestri, Eric) |
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Filing 44
ORDER: WHEREAS, a conference was held on September 4, 2020, at 4:30 p.m. to discuss Plaintiffs motion to appoint a receiver (Dkt. No. 4). For the reasons stated at the conference, it is hereby ORDERED that a conference is scheduled for September 11, 2020, at 4:30 p.m. It is further ORDERED that by September 10, 2020, at 5:00 p.m., the parties shall file a joint letter, apprising the Court of whether an agreement has been reached, including jointly proposed next steps. ( Status Conference set for 9/11/2020 at 04:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/4/2020) (cf)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #45 MOTION for Eric S. Silvestri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21547458. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 43 DECLARATION of JANE PROKOP in Opposition re: #4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley .. Document filed by FF2 Corp., Principis Capital LLC..(Petitt, Adam) |
| Filing 42 JOINT LETTER addressed to Judge Lorna G. Schofield from David T.B. Audley dated September 3, 2020 re: Joint Status. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
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Filing 41
ORDER granting #17 Motion for David T.B. Audley to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| Filing 40 JOINT LETTER addressed to Judge Lorna G. Schofield from David T.B. Audley dated September 1, 2020 re: Joint Status. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
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Filing 39
ORDER granting #38 Letter Motion for Leave to File Document. Application GRANTED. Defendants shall file their supplemental declaration, not to exceed three (3) pages, by September 3, 2020, at 5:00 p.m. (Signed by Judge Lorna G. Schofield on 8/31/2020) (kv)
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| Filing 38 LETTER MOTION for Leave to File Supplemental Declaration addressed to Judge Lorna G. Schofield from Adam J. Petitt dated 8/28/2020. Document filed by FF2 Corp., Principis Capital LLC..(Petitt, Adam) |
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Filing 37
ORDER granting #36 Letter Motion to Continue; granting #27 Letter Motion to Continue. Application GRANTED. The oral argument scheduled for today at 4:30 p.m. is adjourned to September 4, 2020, at 4:30 p.m. By September 1, 2020 and September 3, 2020, at 5:00 p.m., the parties shall file a status letter, apprising the Court of the status of settlement discussions. The Clerk of Court is respectfully directed to close Dkt. Nos. 27 and 36. So Ordered. Oral Argument set for 9/4/2020 at 04:30 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/28/2020) (jca)
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| Filing 36 JOINT LETTER MOTION to Continue August 28, 2020 Hearing addressed to Judge Lorna G. Schofield from David T.B. Audley dated August 28, 2020. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| Filing 35 JOINT LETTER addressed to Judge Lorna G. Schofield from David T.B. Audley dated August 27, 2020 re: Joint Status. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| Filing 34 DECLARATION of David T.B. Audley in Support re: #4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley .. Document filed by BMO Harris Bank N.A.. (Attachments: #1 Exhibit 1 (Letter)).(Lombardo, Joseph) |
| Filing 33 DECLARATION of Lauren Wittert in Support re: #4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley .. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| Filing 32 DECLARATION of Joan Murphy in Support re: #4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley .. Document filed by BMO Harris Bank N.A.. (Attachments: #1 Exhibit 1 (Emails), #2 Exhibit 2 (Account Balances), #3 Exhibit 3 (DACA Account), #4 Exhibit 4 (Bank Transfers)).(Lombardo, Joseph) |
| Filing 31 REPLY MEMORANDUM OF LAW in Support re: #4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley . . Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
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Filing 30
ORDER: Initial Conference set for 10/15/2020 at 10:40 AM before Judge Lorna G. Schofield. The conference will be telephonic. The time of the conference is approximate, but the parties shall be ready to proceed by that time. (Signed by Judge Lorna G. Schofield on 8/26/2020) (ks)
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| Filing 29 JOINT LETTER addressed to Judge Lorna G. Schofield from David T.B. Audley dated August 25, 2020 re: Joint Status. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
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Filing 28
ORDER: It is hereby ORDERED that the oral argument scheduled for August 21, 2020, at 5:30 p.m., is adjourned to August 28, 2020, at 4:30 p.m. It is further ORDERED that by August 25, 2020, the parties shall file a joint letter apprising the Court of the status of negotiations. By August 27, 2020, at 3:00 p.m., the parties shall file an additional status letter reporting further on efforts made, and Plaintiff shall file a reply brief not to exceed eight (8) pages. (As further set forth in this Order.) ( Oral Argument set for 8/28/2020 at 04:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/21/2020) (cf)
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| Filing 27 JOINT LETTER MOTION to Continue Hearing addressed to Judge Lorna G. Schofield from David T.B. Audley dated August 21, 2020. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| Filing 26 JOINT LETTER addressed to Judge Lorna G. Schofield from David T.B. Audley dated August 20, 2020 re: Update to Joint Status Letter. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| Filing 25 DECLARATION of STEPHANIE HART in Opposition re: #4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley .. Document filed by FF2 Corp., Principis Capital LLC..(Petitt, Adam) |
| Filing 24 DECLARATION of MAXINE SHIELDS in Opposition re: #4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley .. Document filed by FF2 Corp., Principis Capital LLC..(Petitt, Adam) |
| Filing 23 DECLARATION of AMIR HEDAYATI, M.D. in Opposition re: #4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley .. Document filed by FF2 Corp., Principis Capital LLC..(Petitt, Adam) |
| Filing 22 DECLARATION of JANE PROKOP in Opposition re: #4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley .. Document filed by FF2 Corp., Principis Capital LLC..(Petitt, Adam) |
| Filing 21 JOINT LETTER addressed to Judge Lorna G. Schofield from David T.B. Audley dated August 20, 2020 re: Joint Status. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley . . Document filed by FF2 Corp., Principis Capital LLC..(Petitt, Adam) |
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Filing 19
ENDORSED LETTER addressed to Judge Lorna G. Schofield from David T.B. Audley dated 08/18/2020 re: Pursuant to the Courts August 14, 2020 Order (ECF No. #11 ), Plaintiff BMO Harris Bank N.A. (BMO) and Defendants Principis Capital LLC ("Principis") and FF2 Corp. ("FF2 and together with Principis, Defendants") respectfully submit this joint settlement status letter. ENDORSEMENT: The oral argument on the emergency motion for appointment of receiver scheduled for August 21, 2020, at 4:30 p.m., is adjourned to August 21, 2020, at 5:30 p.m. The argument will occur on the following conference line: (888) 363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The parties are reminded that their second joint letter is due by August 20, 2020, at noon., (Oral Argument set for 8/21/2020 at 05:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 08/19/2020) (jcs)
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| Filing 18 JOINT LETTER addressed to Judge Lorna G. Schofield from David T.B. Audley dated August 18, 2020 re: Joint Status. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| Filing 17 MOTION for David T.B. Audley to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BMO Harris Bank N.A.. (Attachments: #1 Exhibit A (Certificate of Good Standing), #2 Affidavit, #3 Text of Proposed Order).(Audley, David) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for David T.B. Audley to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David T.B. Audley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21183520. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BMO Harris Bank N.A.. (Attachments: #1 Affidavit, #2 Text of Proposed Order (Ex A)).(Audley, David) Modified on 8/17/2020 (bcu). |
| Filing 15 NOTICE OF APPEARANCE by Francis Xavier Manning on behalf of FF2 Corp., Principis Capital LLC. (Attachments: #1 Certificate of Service).(Manning, Francis) |
| Filing 14 NOTICE OF APPEARANCE by Adam Joseph Petitt on behalf of FF2 Corp., Principis Capital LLC..(Petitt, Adam) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #16 MOTION for David T.B. Audley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21183520. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit not notarized;. 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.. (bcu) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to FF2 Corp.. (sj) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Principis Capital LLC. (sj) |
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Filing 11
ORDER: It is hereby ORDERED that, by August 20, 2020, at noon, Defendants shall file any opposition to the Motion. It is further ORDERED that oral argument on the Motion will be held on August 21, 2020, at 4:30 P.M. The argument will occur on the following conference line: (888) 363-4749, access code: 5583333. (As further set forth in this Order.) (Responses due by 8/20/2020, Telephone Conference set for 8/21/2020 at 04:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/14/2020) (cf)
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| Filing 10 NOTICE OF APPEARANCE by Allen G. Kadish on behalf of Patrick J O'Malley..(Kadish, Allen) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to FF2 Corp., re: #1 Complaint,. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Principis Capital LLC, re: #1 Complaint,. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| Filing 7 NOTICE of re: #4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley .. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| Filing 6 DECLARATION of Joseph P. Lombardo in Support re: #4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley .. Document filed by BMO Harris Bank N.A.. (Attachments: #1 Exhibit 1 (Reciever's CV)).(Lombardo, Joseph) |
| Filing 5 DECLARATION of Joan Murphy in Support re: #4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley .. Document filed by BMO Harris Bank N.A.. (Attachments: #1 Exhibit 1 (UCC Financing Statement), #2 Exhibit 2 (Notice of Default), #3 Exhibit 3 (Second Notice of Default), #4 Exhibit 4 (Demand for Payment)).(Lombardo, Joseph) |
| Filing 4 EMERGENCY MOTION to Appoint Receiver(s) Patrick J. OMalley . Document filed by BMO Harris Bank N.A.. (Attachments: #1 Text of Proposed Order (Ex 1)).(Lombardo, Joseph) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BMO Financial Group, Corporate Parent Bank of Montreal for BMO Harris Bank N.A.. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph Lombardo. 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 State;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox 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. (jgo) |
| Filing 2 CIVIL COVER SHEET filed..(Lombardo, Joseph) |
| Filing 1 COMPLAINT against FF2 Corp., Principis Capital LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-21121120)Document filed by BMO Harris Bank N.A.. (Attachments: #1 Exhibit A (Credit Agreement), #2 Exhibit B (Amended Revolving Note), #3 Exhibit C (Security Agreement), #4 Exhibit D (Pledge Agreement), #5 Exhibit E (Guaranty), #6 Exhibit F (Notice of Default)).(Lombardo, Joseph) |
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