Kennedy Lewis Partners Master Fund LP et al v. Abry Partners, LLC et al
| Kennedy Lewis Partners Master Fund LP and Kennedy Lewis Partners Master Fund II LP |
| Wilmington Savings Fund Society, FSB, CIFC Asset Management, LLC, Apex Credit Partners, LLC, Ellington Management Group, L.L.C., Trimaran Advisors Management, L.L.C. and Abry Partners, LLC |
| 1:2021cv04690 |
| May 25, 2021 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Contract: Other |
| 28 U.S.C. § 1334 |
| Plaintiff |
Docket Report
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Filing 45
ORDER denying #40 Letter Motion for Conference re: #40 LETTER MOTION for Conference - Letter Motion Requesting a Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr. from Mary Beth Maloney dated July 19, 2021., #41 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Madlyn Gleich Primoff dated July 19, 2021. ; denying #41 Letter Motion for Conference re: #40 LETTER MOTION for Conference - Letter Motion Requesting a Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr. from Mary Beth Maloney dated July 19, 2021., #41 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Madlyn Gleich Primoff dated July 19, 2021. Defendants requested a pre-motion conference in anticipation of their motions to dismiss. (ECF Nos. 40, 41.) Plaintiff responded on July 23, 2021. (ECF Nos. 43, 44.) The Court denies Defendants' request for a pre-motion conference. Defendants shall file their motions by August 30, 2021. Plaintiff shall file its response by October 4, 2021. Defendants shall reply by October 15, 2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/26/2021) (rj)
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| Set/Reset Deadlines: Motions due by 8/30/2021. Responses due by 10/4/2021 Replies due by 10/15/2021. (rj) |
| Filing 44 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Kyle A. Lonergan dated July 23, 2021 re: #41 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Madlyn Gleich Primoff dated July 19, 2021. . Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| Filing 43 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Kyle A. Lonergan dated July 23, 2021 re: #40 LETTER MOTION for Conference - Letter Motion Requesting a Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr. from Mary Beth Maloney dated July 19, 2021. . Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
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Filing 42
ORDER re: #41 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Madlyn Gleich Primoff dated July 19, 2021. filed by Wilmington Savings Fund Society, FSB, #40 LETTER MOTION for Conference - Letter Motion Requesting a Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr. from Mary Beth Maloney dated July 19, 2021. filed by Abry Partners, LLC, CIFC Asset Management, LLC, Trimaran Advisors Management, L.L.C., Apex Credit Partners, LLC, Ellington Management Group, L.L.C. Defendants request a pre-motion conference in anticipation of their motions to dismiss. (ECF Nos. 40, 41.) Plaintiff shall respond to Defendants' request by July 23, 2021. SO ORDERED., Responses due by 7/23/2021 (Signed by Judge Andrew L. Carter, Jr on 7/20/2021) (rj)
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| Filing 41 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Madlyn Gleich Primoff dated July 19, 2021. Document filed by Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Primoff, Madlyn) |
| Filing 40 LETTER MOTION for Conference - Letter Motion Requesting a Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr. from Mary Beth Maloney dated July 19, 2021. Document filed by Abry Partners, LLC, Apex Credit Partners, LLC, CIFC Asset Management, LLC, Ellington Management Group, L.L.C., Trimaran Advisors Management, L.L.C...(Maloney, Mary Beth) |
| Filing 39 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LibreMax Intermediate Holdings, LP, Corporate Parent LibreMax Capital Holdings, LP, Corporate Parent GKL Holdings LLC, Other Affiliate LibreMax GP Holdings, LLC for Trimaran Advisors Management, L.L.C.. Document filed by Trimaran Advisors Management, L.L.C...(Maloney, Mary Beth) |
| Filing 38 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CIFC LLC, Corporate Parent Centricus Holdings I LP, Corporate Parent Centricus Financial Investments LP, Corporate Parent Supreme Universal Holdings Ltd. for CIFC Asset Management, LLC. Document filed by CIFC Asset Management, LLC..(Maloney, Mary Beth) |
| Filing 37 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent EMG Holdings, L.P. for Ellington Management Group, L.L.C.. Document filed by Ellington Management Group, L.L.C...(Maloney, Mary Beth) |
| Filing 36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Massachusetts Mutual Life Insurance Company, Corporate Parent Jefferies Group LLC, Corporate Parent Jefferies Financial Group Inc., Corporate Parent JEFFERIES FINANCE LLC for Apex Credit Partners, LLC. Document filed by Apex Credit Partners, LLC..(Maloney, Mary Beth) |
| Filing 35 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Stafford Insurance Company, Limited, Corporate Parent Stafford Financial LLC for Abry Partners, LLC. Document filed by Abry Partners, LLC..(Maloney, Mary Beth) |
| Filing 34 NOTICE OF APPEARANCE by Mary Beth Maloney on behalf of Abry Partners, LLC, Apex Credit Partners, LLC, CIFC Asset Management, LLC, Ellington Management Group, L.L.C., Trimaran Advisors Management, L.L.C...(Maloney, Mary Beth) |
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Filing 33
ORDER granting #31 Letter Motion for Extension of Time to Answer re #31 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Madlyn Gleich Primoff dated 06/16/2021., #1 Complaint,. SO ORDERED. Abry Partners, LLC answer due 7/19/2021; Apex Credit Partners, LLC answer due 7/19/2021; CIFC Asset Management, LLC answer due 7/19/2021; Ellington Management Group, L.L.C. answer due 7/19/2021; Trimaran Advisors Management, L.L.C. answer due 7/19/2021; Wilmington Savings Fund Society, FSB answer due 7/19/2021. (Signed by Judge Andrew L. Carter, Jr on 6/17/2021) (rj)
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| Filing 32 NOTICE OF APPEARANCE by Eric Avery Brandon on behalf of Wilmington Savings Fund Society, FSB..(Brandon, Eric) |
| Filing 31 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Madlyn Gleich Primoff dated 06/16/2021. Document filed by Wilmington Savings Fund Society, FSB..(Primoff, Madlyn) |
| Filing 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WSFS Financial Corporation for Wilmington Savings Fund Society, FSB. Document filed by Wilmington Savings Fund Society, FSB..(Primoff, Madlyn) |
| Filing 29 NOTICE OF APPEARANCE by Madlyn Gleich Primoff on behalf of Wilmington Savings Fund Society, FSB..(Primoff, Madlyn) |
| Filing 28 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Wilmington Savings Fund Society, FSB served on 5/28/2021, answer due 6/18/2021. Service was accepted by Lourbeth Glynn, Personal Banker. Document filed by Kennedy Lewis Partners Master Fund II LP; Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| Filing 27 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Trimaran Advisors Management, L.L.C. served on 6/3/2021, answer due 6/24/2021. Service was accepted by in the presence of Michael Write, Exclusive CSC Security. Document filed by Kennedy Lewis Partners Master Fund II LP; Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| Filing 26 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Ellington Management Group, L.L.C. served on 6/2/2021, answer due 6/23/2021. Service was accepted by Armand Mallory, Assistant to the Vice Chairman. Document filed by Kennedy Lewis Partners Master Fund II LP; Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| Filing 25 SUMMONS RETURNED EXECUTED Summons and Complaint, served. CIFC Asset Management, LLC served on 6/1/2021, answer due 6/22/2021. Service was accepted by Alyssa Bresa, Authorized Agent. Document filed by Kennedy Lewis Partners Master Fund II LP; Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| Filing 24 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Apex Credit Partners, LLC served on 6/3/2021, answer due 6/24/2021. Service was accepted by Sue Zouky, Authorized Agent. Document filed by Kennedy Lewis Partners Master Fund II LP; Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| Filing 23 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Abry Partners, LLC served on 6/2/2021, answer due 6/23/2021. Service was accepted by Andrea Donovan, Executive Assistant. Document filed by Kennedy Lewis Partners Master Fund II LP; Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| Filing 22 NOTICE OF APPEARANCE by James Hartmann Smith on behalf of Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Smith, James) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Wilmington Savings Fund Society, FSB..(gp) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Trimaran Advisors Management, L.L.C...(gp) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Ellington Management Group, L.L.C...(gp) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to CIFC Asset Management, LLC..(gp) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Apex Credit Partners, LLC..(gp) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Abry Partners, LLC..(gp) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Wilmington Savings Fund Society, FSB, re: #1 Complaint,. Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Trimaran Advisors Management, L.L.C., re: #1 Complaint,. Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Ellington Management Group, L.L.C., re: #1 Complaint,. Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to CIFC Asset Management LLC, re: #1 Complaint,. Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Apex Credit Partners, LLC, re: #1 Complaint,. Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Abry Partners, LLC, re: #1 Complaint,. Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(sj) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kyle A. Lonergan to RE-FILE Document No. #4 Request for Issuance of Summons, #6 Request for Issuance of Summons, #5 Request for Issuance of Summons, #7 Request for Issuance of Summons, #8 Request for Issuance of Summons, #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Caption must match exactly as pleading, if all Defendants do not fit, list leading Defendant followed by 'et al'. 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. (sj) |
| Filing 8 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Wilmington Savings Fund Society, FSB, re: #1 Complaint. Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) Modified on 5/26/2021 (sj). |
| Filing 7 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Trimaran Advisors Management, L.L.C., re: #1 Complaint. Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) Modified on 5/26/2021 (sj). |
| Filing 6 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Ellington Management Group, L.L.C., re: #1 Complaint. Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) Modified on 5/26/2021 (sj). |
| Filing 5 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to CIFC Asset Management LLC, re: #1 Complaint. Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) Modified on 5/26/2021 (sj). |
| Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Apex Credit Partners LLC, re: #1 Complaint. Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) Modified on 5/26/2021 (sj). |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Abry Partners, LLC, re: #1 Complaint. Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP..(Lonergan, Kyle) Modified on 5/26/2021 (sj). |
| Filing 2 CIVIL COVER SHEET filed..(Lonergan, Kyle) |
| Filing 1 COMPLAINT against Abry Partners, LLC, Apex Credit Partners, LLC, CIFC Asset Management, LLC, Ellington Management Group, L.L.C., Trimaran Advisors Management, L.L.C., Wilmington Savings Fund Society, FSB. (Filing Fee $ 402.00, Receipt Number ANYSDC-24588862)Document filed by Kennedy Lewis Partners Master Fund II LP, Kennedy Lewis Partners Master Fund LP. (Attachments: #1 Exhibit 1 - Credit Agreement, #2 Exhibit 2 - Security Agreement).(Lonergan, Kyle) |
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