Silicon Valley Bank v. JES Global Capital GP III, LLC et al
| Silicon Valley Bank |
| Elliot S. Smerling and JES Global Capital GP III, LLC |
| Sumitomo Mitsui Banking Corporation |
| 1:2021cv02552 |
| March 24, 2021 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.
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Filing 54
ORDER granting #53 Letter Motion for Extension of Time to Answer re #53 SECOND LETTER MOTION for Extension of Time to File Answer re: #43 Order on Motion for Extension of Time to Answer #1 Complaint, addressed to Judge John P. Cronan from Philip L. Reizenstein dated May 17, 2021. This request is granted. All Defendants shall answer or otherwise respond to the Complaint by June 11, 2021. SO ORDERED. JES Global Capital GP III, LLC answer due 6/11/2021; Elliot S. Smerling answer due 6/11/2021. (Signed by Judge John P. Cronan on 5/18/2021) (vfr) Modified on 5/18/2021 (vfr).
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Filing 53
SECOND LETTER MOTION for Extension of Time to File Answer re: #43 Order on Motion for Extension of Time to Answer,,, #1 Complaint, addressed to Judge John P. Cronan from Philip L. Reizenstein dated May 17, 2021. Document filed by Elliot S. Smerling..(Reizenstein, Philip)
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Filing 52
STIPULATION AND PROTECTIVE ORDER GOVERNING MATERIALS PRODUCED BY NON-PARTY SUMITOMO MITSUI BANKING CORPORATION...regarding procedures to be followed that shall govern the handling of confidential material... The parties shall comply with 4.A-B of the Court's Individual Rules and Practices in Civil Cases with regard to all redaction and sealing requests, and as further set forth in this Stipulation and Protective Order Governing Materials Preoduced by Non-Party Sumitomo Mitsui Banking Corporation. SO STIPULATED AND AGREED. IT IS SO ORDERED. (Signed by Judge John P. Cronan on 4/28/2021) (rjm)
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Filing 51
CERTIFICATE OF SERVICE of Stipulation and [Proposed] Protective Order Governing Materisals served on Non-Party Sumitomo Mitsui Banking Corporation on April 28, 2021. Service was made by E-mail. Document filed by Silicon Valley Bank..(Bunting, Kristina)
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Filing 50
PROPOSED PROTECTIVE ORDER. Document filed by Silicon Valley Bank, Sumitomo Mitsui Banking Corporation..(Reisner, Lorin)
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Filing 49
ORDER. In light of SMBC's letter, the Court denies Plaintiff's request for a Local Rule 37.2 conference without prejudice. If Plaintiff disagrees that SMBC has complied with the subpoena and believes a Local Rule 37.2 conference is necessary, Plaintiff shall file a letter stating so. The Clerk of Court is respectfully directed to terminate the motion pending at Docket Number 46. SO ORDERED. Denying without prejudice #46 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John P. Cronan from Lorin L. Reisner dated April 27, 2021. Document filed by Silicon Valley Bank. (Signed by Judge John P. Cronan on 4/28/2021) (rjm)
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Filing 48
LETTER addressed to Judge John P. Cronan from Stephen L. Ascher dated April 28, 2021 re: Plaintiff Silicon Valley Bank's ("SVB") April 27, 2021 letter requesting a Local Rule 37.2 conference regarding SVB's March 29, 2021 subpoena to SMBC. Document filed by Sumitomo Mitsui Banking Corporation..(Ascher, Stephen)
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Filing 47
CERTIFICATE OF SERVICE of 4/27/21 Letter from Lorin L. Reisner with Exhibits served on Non-Party Sumitomo Mitsui Banking Corporation on April 27, 2021. Service was made by FedEx. Document filed by Silicon Valley Bank..(Filburn, Christopher)
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Filing 46
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John P. Cronan from Lorin L. Reisner dated April 27, 2021. Document filed by Silicon Valley Bank. (Attachments: #1 Exhibit A-Subpoena, #2 Exhibit B-Responses and Objections).(Reisner, Lorin)
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Filing 45
SUMMONS RETURNED EXECUTED Summons and Complaint, served. JES Global Capital GP III, LLC served on 4/20/2021, answer due 5/21/2021. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Silicon Valley Bank..(Reisner, Lorin)
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Filing 44
CERTIFICATE OF SERVICE of Summons and Complaint,. JES Global Capital GP III, LLC served on 3/26/2021, answer due 5/21/2021; Elliot S. Smerling served on 3/26/2021, answer due 5/21/2021. Service was made by Mail. Document filed by Silicon Valley Bank..(Reisner, Lorin)
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Filing 43
ORDER granting #42 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge John P. Cronan from Philip L. Reizenstein dated April 15, 2021. Document filed by Elliot S. Smerling. This request is granted. Defendant Elliot S. Smerling shall answer or otherwise respond to the Complaint by May 21, 2021. It is unclear whether Defendant JES Global Capital GP III, LLC has been served, but to the extent it has, Defendant JES Global Capital GP III, LLC shall answer or otherwise respond to the Complaint by May 21, 2021 as well. Plaintiff shall file proof of service for all Defendants that have been served. SO ORDERED. JES Global Capital GP III, LLC answer due 5/21/2021; Elliot S. Smerling answer due 5/21/2021. (Signed by Judge John P. Cronan on 4/16/2021) (rjm)
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Filing 42
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge John P. Cronan from Philip L. Reizenstein dated April 15, 2021. Document filed by Elliot S. Smerling..(Reizenstein, Philip)
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Filing 41
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Elliot S. Smerling..(Reizenstein, Philip)
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Filing 40
NOTICE OF APPEARANCE by Philip L Reizenstein on behalf of Elliot S. Smerling..(Reizenstein, Philip)
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Filing 39
ORDER granting #38 Motion for Philip Louis Reizenstein to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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Filing 38
MOTION for Philip Louis Reizenstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24390507. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elliot S. Smerling. (Attachments: #1 Exhibit Certificate of Good standing).(Reizenstein, Philip)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for Philip Louis Reizenstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24390507. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 37
ORDER OF PRE-JUDGMENT ATTACHMENT, PRELIMINARY INJUNCTION AND OTHER RELIEF: IT IS ACCORDINGLY HEREBY ORDERED that, pursuant to Rules 64 and 65 of the Federal Rules of Civil Procedure and New York CPLR 6201 and 6211, all property, assets or other funds held by Pacific Western Bank, on behalf of JES Global Capital III, L.P., JES Global Capital GP III, L.LC., Elliot S. Smerling, or any affiliated entities, are hereby attached; and it is further ORDERED that each Defendant, its officers, agents, servants, employees, and attorneys, and all persons in active concert or participation with any of them who receive actual notice of this order, be, and hereby are, preliminarily enjoined from transferring, withdrawing or accepting any property, assets or other funds held by Pacific Western Bank, on behalf of JES Global Capital III, L.P., JES Global Capital GP III, L.LC., Elliot S. Smerling, or any affiliated entities; and it is further ORDERED that, pursuant to Rules 64 and 65 of the Federal Rules of Civil Procedure and New York CPLR 6201 and 6211, all property, assets or other funds held by Sumitomo Mitsui Bank Corporation, on behalf of JES Global Capital III, L.P., JES Global Capital GP III, L.LC., Elliot S. Smerling, or any affiliated entities, are hereby attached; and it is further ORDERED that each Defendant, its officers, agents, servants, employees, and attorneys, and all persons in active concert or participation with any of them who receive actual notice of this order, be, and hereby are, preliminarily enjoined from transferring, withdrawing or accepting any property, assets or other funds held by Sumitomo Mitsui Bank Corporation, on behalf of JES Global Capital III, L.P., JES Global Capital GP III, L.LC., Elliot S. Smerling, or any affiliated entities; as further set forth herein. and it is further ORDERED that Defendants, upon making an appearance in this action, may move to amend, vacate or otherwise modify this Order, in which case the parties shall meet and confer regarding a proposed briefing schedule and hearing for the same. (Signed by Judge John P. Cronan on 4/8/2021) (mro)
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Filing 36
PROPOSED ORDER. Document filed by Silicon Valley Bank..(Reisner, Lorin) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #36 Proposed Order was reviewed and approved as to form. (dt)
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Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on April 7, 2021. The Court held a hearing to show cause. Counsel for Plaintiff appeared. Counsel for Defendants did not appear. The Orders entered at Dkts. 19, 20, 26, and 31 remain in effect. Plaintiff shall submit a proposed order for preliminary injunction and continued expedited discovery by April 8, 2021. (Court Reporter Rose Prater) (mhe)
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Filing 35
RESPONSE TO ORDER TO SHOW CAUSE re: #31 Order to Show Cause,,,,,, Set Deadlines,,,,,. Document filed by Elliot S. Smerling..(Collado-Hudak, Adriana)
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Filing 34
ORDER re: #26 Order to Show Cause, #31 Order to Show Cause, Set Deadlines. it is therefore, ORDERED AND ADJUDGED that the Orders previously entered on March 29, 2021 and March 31, 2021 (DE No.'s 26 and 31) shall not prohibit the managers of Canes Nineteen, LLC, Richard Annunziata, Martin Nestares and Adam Bleggi, from paying the employee health insurance premiums in the amount of $7,563.94 due on April 1, 2021 using funds held in the name of Canes Nineteen, LLC in the account with the last four digits 9271 at JPMorgan Chase Bank, N.A., d/b/a Chase Bank. The Court's prior orders otherwise remain in full force and effect pending further order on any subsequent motion for modification by any interested party. SO ORDERED. (Signed by Judge John P. Cronan on 4/1/2021) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing 33
PROPOSED ORDER. Document filed by Silicon Valley Bank..(Reisner, Lorin) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 32
LETTER addressed to Judge John P. Cronan from Lorin L. Reisner dated April 1, 2021 re: proposed order. Document filed by Silicon Valley Bank..(Reisner, Lorin)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #33 Proposed Order was reviewed and approved as to form. (dt)
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Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on March 31, 2021. For reasons set forth on the record, the Court will enter the proposed Temporary Restraining Order. Order to Show Cause hearing is set for April 7, 2021 at 2:00p.m. Defendants opposition shall be submitted by April 5, 2021, and any replies shall be submitted by April 6, 2021. Counsel shall submit a proposed order allowing for movement of certain Canes Nineteen LLC funds to pay for health benefits. (Court Reporter Sonyah Moore) (mhe)
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Filing 31
SECOND SUPPLEMENTAL ORDER TO SHOW CAUSE FOR AN ORDER OF ATTACHMENT AND TEMPORARY RESTRAINING ORDER: ORDERED that Defendants JES Global Capital GP III, LLC and Elliot S. Smerling show cause before the Honorable John P. Cronan, United States District Judge, at 2:00 p.m. on April 7, 2021 or as soon thereafter as counsel may be heard, why an order should not be entered: (i) Under Rule 64 of the Federal Rules of Civil Procedure and New York CPLR 6201, attaching all property, assets or other funds held by JPMorgan Chase Bank, N.A., d/b/a Chase Bank, on behalf of JES Global Capital III, L.P., JES Global Capital GP III, L.LC., Elliot S. Smerling, or any affiliated entities; as further set forth in this Order. ORDERED that, within 24 hours of entry of this Order, SVB shall serve a copy of this Order upon Defendants by service, via Federal Express, electronic mail or any other mechanism reasonably designed to successfully effect service, as further set forth in this Order. Opposition papers, if any, shall be served on counsel of record for Plaintiff via ECF so that they are received on or before 4/5/2021. Reply papers, if any, shall be served via ECF so that they are received on or before 4/6/2021. ( Show Cause Hearing set for 4/7/2021 at 02:00 PM before Judge John P. Cronan.), ( Replies due by 4/6/2021.) Show Cause Response due by 4/5/2021. (Signed by Judge John P. Cronan on 3/31/2021) (cf)
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Filing 30
ORDER: The Court is in receipt of Plaintiff's request for an order of attachment and temporary restraining order. See Dkts. 27-29. The Court will hold a conference to address these requests on March 31, 2021 at 4:00 p.m. At the scheduled time, counsel for Plaintiff and any other parties should call (866) 434-5269, code 9176261. SO ORDERED. (Telephone Conference set for 3/31/2021 at 04:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 3/31/2021) (jca)
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Filing 29
DECLARATION of Lorin L. Reisner in Support re: #27 Proposed Order to Show Cause With Emergency Relief. Document filed by Silicon Valley Bank. (Attachments: #1 Exhibit A - Bank Information).(Reisner, Lorin)
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Filing 28
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #27 Proposed Order to Show Cause With Emergency Relief (Second Supplemental Memorandum of Law in Support of Silicon Valley Bank's Ex Parte Motion for an Order of Attachment and Temporary Restraining Order). Document filed by Silicon Valley Bank..(Reisner, Lorin)
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Filing 27
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Silicon Valley Bank..(Reisner, Lorin) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #27 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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The conference scheduled for April 7, 2021 at 2:00p.m. will be held via telephone. At the scheduled time, parties should call (866) 434-5269, code 9176261.(mhe)
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Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on March 29, 2021. For reasons set forth on the record, the Court will enter the proposed temporary restraining order and expedited discovery order. Order to Show Cause hearing is set for April 7, 2021 at 2:00p.m. Defendants opposition shall be submitted by April 5, 2021, and any replies shall be submitted by April 6, 2021. (Court Reporter Kristen Carannante) (mhe)
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Filing 26
FIRST SUPPLEMENTAL ORDER TO SHOW CAUSE FOR AN ORDER FOR EXPEDITED DISCOVERY AND TEMPORARY RESTRAINING ORDER: It is hereby ORDERED that Defendants JES Global Capital GP III, LLC and Elliot S. Smerling show cause before the Honorable John P. Cronan, United States District Judge, at 2:00pm on April 7, 2021, or as soon thereafter as counsel may be heard, why an order should not be entered: as further set forth herein. Accordingly, it is furtherORDERED that, pending a show cause hearing on SVBs motion for expediteddiscovery and temporary restraining order, and without regard to any requirement that the parties hold an initial Rule 26(f) conference, SVB is permitted to serve third-party discovery on Canes Nineteen, LLC, Rich Annunziata, Adam Bleggi and Martin Nestares; and it is further ORDERED that Canes Nineteen, LLC, Rich Annunziata, Adam Bleggi and Martin Nestares, and all persons in active concert or participation with any of them who receive actual notice of this order, be, and hereby are, temporarily restrained from transferring, withdrawing or dissipating any property, assets or other funds at the direction or on behalf of Elliot S. Smerling or an individual or entity affiliated with Elliot S. Smerling; and it is further ORDERED that each Defendant, its officers, agents, servants, employees, and attorneys, and all persons in active concert or participation with any Defendant who receive actual notice of this order, be, and hereby are, temporarily restrained from directing Canes Nineteen, LLC, Rich Annunziata, Adam Bleggi or Martin Nestares from transferring, withdrawing or dissipating any property, assets or other funds associated with any Defendant; and it is further ORDERED that this temporary restraining order shall be effective upon filing and continue in effect subject to SVB posting security in the amount and by the date provided in this Court's prior Order to Show Cause (ECF No. 19); and it is further ORDERED that, within 24 hours of entry of this Order, SVB shall serve a copy of this Order upon each of Canes Nineteen, LLC, Rich Annunziata, Adam Bleggi and Martin Nestares; and it is further ORDERED that, within 24 hours of entry of this Order, SVB shall serve a copy of this Order upon Defendants by service, via Federal Express, electronic mail or any other mechanism reasonably designed to successfully effect service, as follows: as further set forth herein. Opposition papers, if any, shall be served on counsel of record for Plaintiff via ECF so that they are received on or before April 5, 2021. Reply papers, if any, shall be served via ECF so that they are received on or before April 6, 2021. Show Cause Hearing set for 4/7/2021 at 02:00 PM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 3/29/2021) (kv)
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Filing 25
UNDERTAKING ON ATTACHMENT AND TEMPORARY RESTRAINING ORDER BOND, BOND #3482556 in the amount of $10,000 posted by Plaintiff.(km)
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Filing 24
ORDER re: #21 Proposed Order to Show Cause With Emergency Relief filed by Silicon Valley Bank. The Court is in receipt of Plaintiff's requests for an order for expedited discovery and a temporary restraining order. See Dkts. 21-23. The Court will hold a conference to address these requests on March 29, 2021 at 11:30 a.m. At the scheduled time, counsel for Plaintiff and any other parties should call (866) 434-5269, code 9176261. SO ORDERED. (Telephone Conference set for 3/29/2021 at 11:30 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 3/29/2021) (kv)
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Filing 23
DECLARATION of Lorin L. Reisner in Support re: #21 Proposed Order to Show Cause With Emergency Relief. Document filed by Silicon Valley Bank..(Reisner, Lorin)
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Filing 22
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #21 Proposed Order to Show Cause With Emergency Relief (First Supplemental Memorandum of Law in Support of Silicon Valley Bank's Ex Parte Motion for Expedited Discovery and Temporary Restraining Order). Document filed by Silicon Valley Bank..(Reisner, Lorin)
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Filing 21
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Silicon Valley Bank..(Reisner, Lorin) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #21 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on March 26, 2021. For reasons set forth on the record, the Court will enter the proposed temporary restraining order and expedited discovery order. Order to Show Cause hearing is set for April 7, 2021 at 2:00p.m. Defendants opposition shall be submitted by April 5, 2021, and any replies shall be submitted by April 6, 2021. Bond of $10,000 shall be posted by Plaintiff by March 29, 2021. (Court Reporter Eve Giniger) (mhe)
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Filing 20
ORDER TO SHOW CAUSE FOR AN ORDER FOR EXPEDITED DISCOVERY: It is hereby ORDERED that Defendants JES Global Capital GP III, LLC and Elliot S. Smerling show cause before the Honorable John P. Cronan, United States District Judge, at 2:00 p.m. on April 7, 2021, or as soon thereafter as counsel may be heard, why an order should not be entered. Opposition papers, if any, shall be served on counsel of record for Plaintiff via ECF so that they are received on or before April 5, 2021. Plaintiff shall file any reply by April 6, 2021. (And as further set forth herein.) (Show Cause Hearing set for 4/7/2021 at 02:00 PM before Judge John P. Cronan.), ( Replies due by 4/6/2021.) Show Cause Response due by 4/5/2021. (Signed by Judge John P. Cronan on 3/26/2021) (jca)
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Filing 19
ORDER TO SHOW CAUSE FOR AN ORDER OF ATTACHMENT AND TEMPORARY RESTRAINING ORDER. It is hereby ORDERED that Defendants JES Global Capital GP III, LLC and Elliot S. Smerling show cause before the Honorable John P. Cronan, United States District Judge, at 2:00 p.m. on April 7, 2021 or as soon thereafter as counsel may be heard, why an order should not be entered: (i) Under Rule 64 of the Federal Rules of Civil Procedure and New York CPLR 6201, attaching all property, assets or other funds held by Pacific Western Bank on behalf of JES Global Capital III, L.P., JES Global Capital GP III, L.LC., Elliot S. Smerling, or any affiliated entities, and as further specified and set forth herein. The Court makes the following preliminary findings of fact and conclusions of law under Rules 64 and 65 of the Federal Rules of Civil Procedures and New York CPLR 6201, 6211 and 6212 on the application of Plaintiff SVB for an ex parte order of prejudgment attachment: SVB has a valid claim for a money judgment in the amount of at least $79,957,322.65, and as further specified and set forth herein. It is further ORDERED that this temporary restraining order shall be effective upon filing and continue in effect provided that SVB posts security in the amount of $10,000 with the Clerk of the Court on or before March 29, 2021, and as further specified and set forth herein. Opposition papers, if any, shall be served on counsel of record for Plaintiff via ECF so that they are received on or before April 5, 2021. Plaintiff shall file any reply by April 6, 2021. (Show Cause Hearing set for 4/7/2021 at 02:00 PM before Judge John P. Cronan.) (Replies due by 4/6/2021.) (Signed by Judge John P. Cronan on 3/26/2021) (rjm) Transmission to Finance Unit (Cashiers) for processing.
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Filing 18
ORDER: The Court is in receipt of Plaintiff's requests for an order of attachment and temporary restraining order and an order for expedited discovery. See Dkts. 12-17. The Court will hold a conference to address these requests on March 26, 2021 at 2:00 p.m. At the scheduled time, counsel for Plaintiff and any other parties should call (866) 434-5269, code 9176261. SO ORDERED. (Telephone Conference set for 3/26/2021 at 02:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 3/26/2021) (rjm)
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Filing 17
DECLARATION of Lorin L. Reisner in Support re: #14 Proposed Order to Show Cause With Emergency Relief, #12 Proposed Order to Show Cause With Emergency Relief. Document filed by Silicon Valley Bank. (Attachments: #1 Exhibit A - Criminal Complaint, #2 Exhibit B - Pretrial Detention Order, #3 Exhibit C - 2/26/21 Letter).(Reisner, Lorin)
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Filing 16
DECLARATION of Tom Davies in Support re: #14 Proposed Order to Show Cause With Emergency Relief, #12 Proposed Order to Show Cause With Emergency Relief. Document filed by Silicon Valley Bank. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Email, #3 Exhibit 3 - Email, #4 Exhibit 4 - Email, #5 Exhibit 5 - Email, #6 Exhibit 6 - Email, #7 Exhibit 7 - Email, #8 Exhibit 8 - Email, #9 Exhibit 9 - Email, #10 Exhibit 10 - Email, #11 Exhibit 11 - Email, #12 Exhibit 12 - Email, #13 Exhibit 13 - Email, #14 Exhibit 14 - Email, #15 Exhibit 15 - Email, #16 Exhibit 16 - Letter dated February 26, 2021).(Reisner, Lorin)
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Filing 15
MEMORANDUM OF LAW in Support re: #14 Proposed Order to Show Cause With Emergency Relief (Memorandum of Law in Support of Silicon Valley Bank's Ex Parte Motion for Expedited Discovery). Document filed by Silicon Valley Bank..(Reisner, Lorin)
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Filing 14
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Silicon Valley Bank..(Reisner, Lorin) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 13
MEMORANDUM OF LAW in Support re: #12 Proposed Order to Show Cause With Emergency Relief (Memorandum of Law in Support of Silicon Valley Bank's Ex Parte Motion for an Order of Attachment). Document filed by Silicon Valley Bank..(Reisner, Lorin)
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Filing 12
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Silicon Valley Bank..(Reisner, Lorin) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #14 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #12 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Elliot S. Smerling..(dnh)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to JES Global Capital GP III, LLC..(dnh)
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Magistrate Judge Sarah L. Cave 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. (dnh)
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Case Designated ECF. (dnh)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(dnh)
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Filing 9
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SVB Financial Group for Silicon Valley Bank. Document filed by Silicon Valley Bank..(Reisner, Lorin)
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Filing 8
NOTICE OF APPEARANCE by Christopher Lee Filburn on behalf of Silicon Valley Bank..(Filburn, Christopher)
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Filing 7
NOTICE OF APPEARANCE by Kristina Anne Bunting on behalf of Silicon Valley Bank..(Bunting, Kristina)
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Filing 6
NOTICE OF APPEARANCE by Susanna Michele Buergel on behalf of Silicon Valley Bank..(Buergel, Susanna)
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Filing 5
NOTICE OF APPEARANCE by Allan J. Arffa on behalf of Silicon Valley Bank..(Arffa, Allan)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Elliot S. Smerling, re: #1 Complaint,. Document filed by Silicon Valley Bank..(Reisner, Lorin)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to JES Global Capital GP III, LLC, re: #1 Complaint,. Document filed by Silicon Valley Bank..(Reisner, Lorin)
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Filing 2
CIVIL COVER SHEET filed..(Reisner, Lorin)
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Filing 1
COMPLAINT against JES Global Capital GP III, LLC, Elliot S. Smerling. (Filing Fee $ 402.00, Receipt Number ANYSDC-24302193)Document filed by Silicon Valley Bank. (Attachments: #1 Exhibit A - Loan and Security Agreement, #2 Exhibit B - 2/26/21 Letter, #3 Exhibit C - Pretrial Detention Order).(Reisner, Lorin)
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