Citizens Bank, N.A. v. JES GLOBAL CAPITAL II, L.P. et al
| Citizens Bank N.A. |
| Jes Global Capital II, L.P., Jes Global Capital GP II, LLC and Elliot S. Smerling |
| James Feltman |
| Silicon Valley Bank |
| 1:2021cv05766 |
| July 6, 2021 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Negotiable Instrument |
| 28 U.S.C. § 1332 bc |
| None |
Docket Report
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| Filing 74 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/19/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:21-cv-02552-JPC, 1:21-cv-05766-JPC.(McGuirk, Kelly) |
| Filing 73 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/19/2021 before Judge John P. Cronan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/16/2021. Redacted Transcript Deadline set for 8/25/2021. Release of Transcript Restriction set for 10/25/2021.Filed In Associated Cases: 1:21-cv-02552-JPC, 1:21-cv-05766-JPC.(McGuirk, Kelly) |
Filing 72
ORDER granting #69 Motion for John Gregory Deis to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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Filing 71
ORDER GRANTING JOINT MOTION TO (I) CONSOLIDATE SVB ACTION AND CITIZENS BANK ACTION INTO A SINGLE ACTION, (II) APPOINT JAMES FELTMAN AS RECEIVER IN CONSOLIDATED ACTION, AND (III) GRANT UNOPPOSED RECEIVERSHIP EXPANSION MOTION (94) Motion to Consolidate Cases in case 1:21-cv-02552-JPC. IT IS ACCORDINGLY HEREBY ORDERED that this SVB Action and the Citizens Bank Action are consolidated immediately upon the entry of this Order as a single Consolidated Action under 21 Civ. 2552. The Clerk of Court is respectfully directed to change the caption of Case Number 21 Civ. 2552 to "In re Smerling Litigation." It is further ORDERED that, until further Order of this Court, and effectively immediately upon entry of this Order, the Receiver, James Feltman, at Kroll, LLC, 15280 Northwest 79th Court, Suite 100, Miami, Florida 33016, (212) 450-2854, james.feltman@kroll.com, is hereby appointed to serve as receiver in the Consolidated Action, including as the receiver for the estates of the New York Defendants pursuant to the Receivership Order, which is hereby adopted as an order of this Court in the Consolidated Action as modified in this Order; as further set forth in this Order. (Signed by Judge John P. Cronan on 7/19/2021) Filed In Associated Cases: 1:21-cv-02552-JPC, 1:21-cv-05766-JPC (cf)
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| Filing 70 NOTICE OF APPEARANCE by Jean-Marie L. Atamian on behalf of Citizens Bank N.A...(Atamian, Jean-Marie) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #69 MOTION for John Gregory Deis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24807301. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-02552-JPC. (cf) |
| Filing 69 MOTION for John Gregory Deis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24807301. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citizens Bank N.A.. (Attachments: #1 Declaration of John Gregory Deis, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Deis, John) |
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Filing 68
ORDER: Counsel for all parties, and any other interested parties, shall appear before the undersigned for a conference to discuss the pending motion for a joint receivership in Silicon Valley Bank v. JES Global Capital GP III, LLC, No. 21 Civ. 2552 (JPC) (S.D.N.Y.). The conference shall take place on July 19, 2021 at 11:00 a.m. At the scheduled time, counsel for all parties shall call (866) 434-5269, access code 9176261., (Telephone Conference set for 7/19/2021 at 11:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 7/12/2021) (nb)
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| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-02552-JPC. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Unassigned is no longer assigned to the case..(wb) |
| 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. (wb) |
| Filing 67 CASE TRANSFERRED IN from the United States District Court - District of Florida Southern; Case Number: 9:21-cv-80815. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| CASE REFERRED TO Judge John P. Cronan as possibly related to 1:21-cv-02552. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Civil Case Terminated per De #66 Order. Closing Case. (mc) [Transferred from Florida Southern on 7/6/2021.] |
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Filing 66
ORDER TRANSFERRING CASE Signed by Judge Aileen M. Cannon on 7/2/2021. See attached document for full details. (ad00) [Transferred from Florida Southern on 7/6/2021.]
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| Filing 65 AFFIDAVIT of James Feltman With Respect to Original Inventory signed by: James Feltman re #28 Order on Motion to Appoint Receiver, by James Feltman (Jarvinen, Christopher) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 64 PAPERLESS NOTICE of Hearing: The parties should be prepared to discuss a transfer of this case pursuant to 28 U.S.C. 1404 in accordance with the Court's previous inquiry 56 and the absence of any substantive discussion on that point in the parties' #62 Joint Stipulation for Dual Receivership and Renewed Motion for Order to Expand or Clarify Receivership Property. Miscellaneous Hearing set for 7/2/2021 04:00 PM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. (tgs) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 63 NOTICE by James Feltman (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Gaukroger, Gavin) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 62 STIPULATION (Joint) for Dual Receivership and Renewed Motion for Order to Expand or Clarify Receivership Property to Include Assets Owned or Controlled by Affiliates of Defendants by James Feltman (Attachments: #1 Exhibit 1 - Text of Proposed Order, #2 Exhibit 2 - Proposed Order to SDNY)(Gaukroger, Gavin) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 61 FINAL JUDGMENT in favor of Citizens Bank, N.A. against Elliot S. Smerling Signed by Judge Aileen M. Cannon on 6/22/2021. See attached document for full details. (drz) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 60 DEFAULT FINAL JUDGMENT in favor of Citizens Bank, N.A. against JES GLOBAL CAPITAL GP II, LLC, JES GLOBAL CAPITAL II, L.P. Signed by Judge Aileen M. Cannon on 6/22/2021. See attached document for full details. (drz) [Transferred from Florida Southern on 7/6/2021.] |
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Filing 59
PAPERLESS ORDER granting #52 and #53 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Allan J. Arffa and Susanna M. Buergel. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on 6/22/2021. (ad) [Transferred from Florida Southern on 7/6/2021.]
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Filing 58
ORDER Granting #48 PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT FINAL JUDGMENT AGAINST JES GLOBAL CAPITAL II, L.P. AND JES GLOBAL CAPITAL GP II, LLC. Signed by Judge Aileen M. Cannon on 6/22/2021. See attached document for full details. (drz) Modified on 6/26/2021 (tgs). (fixed apostrophe) [Transferred from Florida Southern on 7/6/2021.]
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| Filing 57 TRANSCRIPT of Hearing via Zoom held on 06/17/2021 before Judge Aileen M. Cannon, Volume Number 1 of 1, 1-44 pages, Court Reporter: Ellen Rassie, 954-769-5448 / ellen_rassie@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/12/2021. Redacted Transcript Deadline set for 7/22/2021. Release of Transcript Restriction set for 9/20/2021. (Rassie, Ellen) [Transferred from Florida Southern on 7/6/2021.] |
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Filing 56
PAPERLESS ORDER: The parties are advised to include in their forthcoming joint proposal on receivership a discussion of the propriety, as an alternative to a dual receivership, of a consented transfer under 28 U.S.C. 1404 for purposes of the continuation of a single receivership with authority over two actions consolidated in the same Court (either the S.D. Fla. or the S.D.N.Y.). Signed by Judge Aileen M. Cannon on 6/21/2021. (ad) [Transferred from Florida Southern on 7/6/2021.]
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| Filing 55 NOTICE OF WITHDRAWAL OF MOTION by James Feltman re #36 MOTION for Order to Expand Receivership Property to Include Assets Held by Subsidiaries and Affiliates and Notice of Concern Arising from S.D.N.Y. Litigation filed by James Feltman (Curtis, Marianne) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 54 NOTICE of Attorney Appearance by Kristopher Aungst on behalf of Silicon Valley Bank (Aungst, Kristopher) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 53 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Susanna M. Buergel. Filing Fee $ 200.00 Receipt # AFLSDC-14777672 by Silicon Valley Bank. Responses due by 7/1/2021 (Attachments: #1 Certification Susanna M. Buergel Rule 4(b) Certification)(Aungst, Kristopher) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 52 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Allan J. Arffa. Filing Fee $ 200.00 Receipt # AFLSDC-14777550 by Silicon Valley Bank. Attorney Kristopher Aungst added to party Silicon Valley Bank(pty:ip). Responses due by 7/1/2021 (Attachments: #1 Certification Allan J. Arffa Rule 4(b) Certification)(Aungst, Kristopher) [Transferred from Florida Southern on 7/6/2021.] |
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Filing 51
ORDER granting #44 PLAINTIFF'S UNOPPOSED MOTION FOR ENTRY OF FINAL JUDGMENT AS TO ELLIOT S. SMERLING. Signed by Judge Aileen M. Cannon on 6/17/2021. See attached document for full details. (drz) Modified on 6/25/2021 (tgs). (fixed apostrophe) [Transferred from Florida Southern on 7/6/2021.]
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| Filing 50 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Motions Hearing held on June 17, 2021. The Court heard arguments from the parties on the Receiver's #45 Unopposed Amended and Supplemental Motion for Order to Expand or Clarify Receivership Property to Include Assets Owned or Controlled by Affiliates of Defendants. The Receiver indicated that it would file a notice of withdrawal of #36 Motion for Order to Expand Receivership Property, in light of #45 . The Court took #45 under advisement pending the Court's consideration of the parties' anticipated filing of a joint receivership proposal to be filed on or before June 30, 2021. Total time in court: 55 minutes. Attorney Appearances: J. Gregory Deis and Alexandra Blye (Counsel for Plaintiff); Philip Louis Reizenstein (Counsel for Defendant Elliot S. Smerling); and Paul Singerman, Christopher Andrew Jarvine, Marianne Curtis, and Gavin Gaukroger (Counsel for the Receiver, James Feltman). Other Appearances: James Feltman, Kris Aungst, and Allan Arffa. Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. (ad) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 49 NOTICE by James Feltman of Filing Two Orders Entered in SDNY Case (Attachments: #1 Exhibit A - Order DE #67, #2 Exhibit B - Order DE #80) (Curtis, Marianne) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 48 Plaintiff's MOTION for Default Judgment Motion for Entry of Default Final Judgment by Citizens Bank, N.A.. (Attachments: #1 Exhibit Declaration of Michael Gray, #2 Text of Proposed Order, #3 Exhibit Default Final Judgment)(Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 47 PAPERLESS AMENDED NOTICE of Hearing: re #44 MOTION for Judgment Motion for Entry of Final Judgment, #45 Unopposed MOTION Amended and Supplemental Motion for Order to Expand or Clarify Receivership Property to Include Assets Owned or Controlled by Affiliates of Defendants re #36 MOTION for Order to Expand Receivership Property to Include Assets Held, #36 MOTION for Order to Expand Receivership Property to Include Assets Held by Subsidiaries and Affiliates and Notice of Concern Arising from S.D.N.Y. Litigation Motion Hearing set for 6/17/2021 10:00 AM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. (tgs) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 46 AFFIDAVIT signed by: James Feltman in Support of the Receiver's Unopposed Amended and Supplemental Motion for Order to Expand Receivership Property to Include Assets Owned or Controlled by Affiliates of Defendants re #45 Unopposed MOTION Amended and Supplemental Motion for Order to Expand or Clarify Receivership Property to Include Assets Owned or Controlled by Affiliates of Defendants re #36 MOTION for Order to Expand Receivership Property to Include Assets Held by James Feltman (Attachments: #1 Exhibit A - Entities and Assets Chart, #2 Exhibit B - Example of Campagna Chart Category, #3 Exhibit C - Example from Campagna Documents Category, #4 Exhibit D - Example from Campagna Spreadsheet Category, #5 Exhibit E - Example from JES Documents Category, #6 Exhibit F - Example from Transfer Records Category, #7 Exhibit G - Example from Court Records Category, #8 Exhibit H - Organizational Chart)(Curtis, Marianne) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 45 Unopposed MOTION Amended and Supplemental Motion for Order to Expand or Clarify Receivership Property to Include Assets Owned or Controlled by Affiliates of Defendants re #36 MOTION for Order to Expand Receivership Property to Include Assets Held by Subsidiaries and Affiliates and Notice of Concern Arising from S.D.N.Y. Litigation by James Feltman. (Attachments: #1 Exhibit A - Entities and Asset Chart, #2 Exhibit B - Proposed form of Order)(Curtis, Marianne) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 44 MOTION for Judgment Motion for Entry of Final Judgment by Citizens Bank, N.A.. (Attachments: #1 Exhibit Stipulation for Entry of Final Judgment)(Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 43 NOTICE of Attorney Appearance by Philip Louis Reizenstein on behalf of Elliot S. Smerling. Attorney Philip Louis Reizenstein added to party Elliot S. Smerling(pty:dft). (Reizenstein, Philip) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 42 PAPERLESS NOTICE of Hearing: re #36 MOTION for Order to Expand Receivership Property to Include Assets Held by Subsidiaries and Affiliates and Notice of Concern Arising from S.D.N.Y. Litigation Motion Hearing set for 6/17/2021 10:00 AM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. The parties shall sign into the hearing ten (10) minutes before the scheduled start time. (tgs) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 41 Clerks Entry of Default as to JES GLOBAL CAPITAL II, L.P, JES GLOBAL CAPITAL GP II, LLC - Motions Terminated: #40 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 6/10/2021. (drz) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 40 MOTION for Clerks Entry of Default as to JES GLOBAL CAPITAL GP II, LLC, JES GLOBAL CAPITAL II, L.P. by Citizens Bank, N.A.. (Attachments: #1 Text of Proposed Order [PROPOSED] Clerk's Default)(Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
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Filing 39
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 7/9/2021 Signed by Judge Aileen M. Cannon on 6/8/2021. See attached document for full details. (drz) [Transferred from Florida Southern on 7/6/2021.]
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| Filing 38 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Citizens Bank, N.A.. Elliot S. Smerling served on 6/3/2021, answer due 6/24/2021. (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 37 AFFIDAVIT of James Feltman in Support of the Receiver's Motion for Order to Expand Receivership Property to Include Assets Held by Subsidiaries and Affiliates and Notice of Concern Arising from S.D.N.Y. Litigation signed by: James Feltman re #36 MOTION for Order to Expand Receivership Property to Include Assets Held by Subsidiaries and Affiliates and Notice of Concern Arising from S.D.N.Y. Litigation by James Feltman (Attachments: #1 Exhibit 1 - Limited Liability Company Affidavit dated 9.25.2019, #2 Exhibit 2 - Warranty Deed dated 6.30.2018, #3 Exhibit 3 - Florida Residential Lease Agreement dated 4.1.2020, #4 Exhibit 4 - Warranty Deed dated 2.21.2018, #5 Exhibit 5 - Certificate of Title for 2018 Alpha Romeo, #6 Exhibit 6 - Vehicle Information Check, #7 Exhibit 7 - Application for Certificate of Title for 2021 Audi, #8 Exhibit 8 - Vehicle Information Check, #9 Exhibit 9 - Florida Vehicle Registration for 2020 Cadillac, #10 Exhibit 10 - Vehicle Information Check, #11 Exhibit 11 - Florida Vehicle Registration for 2020 Corvette, #12 Exhibit 12 - Vehicle Information Check, #13 Exhibit 13 - Certificate of Title for 2017 Ferrari, #14 Exhibit 14 - Vehicle Information Check, #15 Exhibit 15 - Certificate of Title for 2014 Ford, #16 Exhibit 16 - Vehicle Information Check, #17 Exhibit 17 - Certificate of Title for 1991 Harley Davidson, #18 Exhibit 18 - Vehicle Information Check, #19 Exhibit 19 - Certificate of Title for 2016 Land Rover, #20 Exhibit 20 - Vehicle Information Check, #21 Exhibit 21 - Certificate of Title for 2017 Mercedes, #22 Exhibit 22 - Vehicle Information Check, #23 Exhibit 23 - Certificate of Title for 2017 Polaris, #24 Exhibit 24 - Vehicle Information Check, #25 Exhibit 25 - Certificate of Title for 2017 Porsche, #26 Exhibit 26 - Vehicle Information Check, #27 Exhibit 27 - Certificate of Title for 1996 Triumph, #28 Exhibit 28 - Vehicle Information Check, #29 Exhibit 29 - Warranty Deed dated 4.24.2017, #30 Exhibit 30 - Mortgage and Security Agreement dated 4.24.2017, #31 Exhibit 31 - Second Mortgage Modification Agreement dated 4.24.2020)(Gaukroger, Gavin) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 36 MOTION for Order to Expand Receivership Property to Include Assets Held by Subsidiaries and Affiliates and Notice of Concern Arising from S.D.N.Y. Litigation by James Feltman. (Attachments: #1 Exhibit 1 - SDNY Litigation - ECF No. 55, #2 Exhibit 2 - SDNY Litigation - ECF No. 56, #3 Exhibit 3 - SDNY Litigation - ECF No. 57)(Gaukroger, Gavin) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 35 Surety BOND in the amount of $50,000.00 posted by James Feltman Approved by Judge Aileen M. Cannon. (drz) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 34 NOTICE of Attorney Appearance by Paul Steven Singerman on behalf of James Feltman. Attorney Paul Steven Singerman added to party James Feltman(pty:rc). (Singerman, Paul) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 33 NOTICE of Attorney Appearance by Gavin Cunningham Gaukroger on behalf of James Feltman. Attorney Gavin Cunningham Gaukroger added to party James Feltman(pty:rc). (Gaukroger, Gavin) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 32 NOTICE of Attorney Appearance by Marianne Curtis on behalf of James Feltman. Attorney Marianne Curtis added to party James Feltman(pty:rc). (Curtis, Marianne) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 31 NOTICE of Attorney Appearance by Christopher Andrew Jarvinen on behalf of James Feltman. Attorney Christopher Andrew Jarvinen added to party James Feltman(pty:rc). (Jarvinen, Christopher) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 30 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Citizens Bank, N.A.. JES GLOBAL CAPITAL II, L.P. served on 5/7/2021, answer due 5/28/2021. (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 29 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Citizens Bank, N.A.. JES GLOBAL CAPITAL GP II, LLC served on 5/7/2021, answer due 5/28/2021. (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
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Filing 28
ORDER Appointing Receiver: granting #5 Emergency Motion to Appoint Receiver. James Feltman appointed. Signed by Judge Aileen M. Cannon on 5/14/2021. See attached document for full details. (ls) [Transferred from Florida Southern on 7/6/2021.]
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| Filing 27 NOTICE by Citizens Bank, N.A. re #26 Order on Expedited Motion Certificate of Service (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
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Filing 26
ORDER granting 7 Expedited Motion for Expedited Discovery. Signed by Judge Aileen M. Cannon on 5/11/2021. See attached document for full details. (dj) [Transferred from Florida Southern on 7/6/2021.]
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| Filing 25 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Motion Hearing held on May 10, 2021. The Court heard arguments from the parties on Plaintiff's #5 Emergency Motion to Appoint a Receiver, #6 Memorandum of Law in Support of Emergency Motion to Appoint Receiver, and 7 Ex Parte Motion for Expedited Discovery. Orders to follow. Total time in court: 130 minutes. Attorney Appearances: John Robert Hart, J. Gregory Deis, and Alexandra Blye (Counsel for Plaintiff). Other Appearances: James Feltman, Paul Singerman, and Gavin Gaukroger. Witness Joseph R. Sileo testified. Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. (ad) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 24 Clerks Notice to Filer re 7 EXPEDITED MOTION Expedited Discovery Ex Parte Motion for Expedited Discovery and Memorandum of Law in Support. Sealed/Ex Parte Document Filed Electronically. It is not necessary to refile the document but future sealed/ex parte filings must be filed in accordance with the CM/ECF Administrative Procedures. Please note that this document has been restricted. (nc) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 23 NOTICE by Citizens Bank, N.A. re #6 MOTION to Appoint Receiver Memorandum of Law in Support of Motion to Appoint Receiver Notice of Filing SUPPLEMENTAL Declaration of Sileo (Attachments: #1 Supplement SUPPLEMENTAL Declaration of Joseph Sileo, #2 Exhibit Revolving Credit & Security Agreement - Redacted, #3 Exhibit Smerling 11-7-18 E-Mail, #4 Exhibit Smerling List of Limited Partners, #5 Exhibit Smerling Capital Call Histories, #6 Exhibit June 2016 Private Placement memo, #7 Exhibit Executed Signature Page to LPA, #8 Exhibit 10-04-19 E-Mail, #9 Exhibit JES Fund Subscription Agreement, #10 Exhibit 10-29-19 E-Mail from Smeriing, #11 Exhibit JES Fund II Subscription Agreement Amendment, #12 Exhibit Limited Partnership Agreement Amendment, #13 Exhibit 09-22-20 E-Mail from Smerling, #14 Exhibit Wire Transfer Confirmations, #15 Exhibit 11-2018 Smerling Power Point Presentation, #16 Exhibit JES II Officers Certificate, #17 Exhibit 03-09-21 E-Mail from Howitt, #18 Exhibit 03-08-21 E-Mail from Howitt, #19 Exhibit 03-16-21 E-mail from Meridian, #20 Exhibit 03-23-21 E-mail from Steel Partners, #21 Exhibit 03-24-21 E-Mail from BBVA, #22 Exhibit 04-29-21 E-Mail from Santander, #23 Exhibit 04-26-21 E-mail from BBVA, #24 Exhibit 2018 JES Fund II Financials, #25 Exhibit 2019 JES Fund II Financials) (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 22 NOTICE by Citizens Bank, N.A. re #6 MOTION to Appoint Receiver Memorandum of Law in Support of Motion to Appoint Receiver Citizens Request for Judicial Notice of Certain Public Records (Attachments: #1 Exhibit Nextlife Corporate Documents - Delawar, #2 Exhibit MVR Name Change to Nextlife, #3 Exhibit MVR Application, #4 Exhibit Nextlife Recycling Change of Address, #5 Exhibit MVR Kentucky SOS Filing, #6 Exhibit Campagna as Manager of Nextlife Holdings, #7 Exhibit Campagna Registered Agent Documents, #8 Exhibit Nextlife Recycling Delaware Corporate Filings, #9 Exhibit Nextlife Florida Revocation, #10 Exhibit Nextlife Kentucky Revocation, #11 Exhibit Nextlife Plastics Article, #12 Exhibit CBRE Listing, #13 Exhibit Smerling as Manager JES GPII, #14 Exhibit Smerling as GP of JES Global Capital II LP) (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 21 NOTICE by Citizens Bank, N.A. re #6 MOTION to Appoint Receiver Memorandum of Law in Support of Motion to Appoint Receiver Notice of Filing CORRECTED Declaration of Sileo (Signature Page) (Attachments: #1 Exhibit CORRECTED Declaration of Joseph Sileo, #2 Exhibit Exhibit A to Sileo Declaration, #3 Exhibit Exhibit B to Sileo Declaration) (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 20 NOTICE by Citizens Bank, N.A. re #5 MOTION to Appoint Receiver Notice of Filing LR 7.1 Certification in Support of Emergency Motion to Appoint Receiver (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 19 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Citizens Bank, N.A.. JES GLOBAL CAPITAL GP II, LLC served on 5/6/2021, answer due 5/27/2021; JES GLOBAL CAPITAL II, L.P. served on 5/6/2021, answer due 5/27/2021. (Attachments: #1 Affidavit Affidavit of Service for JES Global Capital GP II LLC, #2 Affidavit Affidavit of Service for JES Global Capital II, LP)(Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
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Filing 18
PAPERLESS ORDER: In anticipation of the upcoming hearing on Plaintiff's #5 Emergency Motion to Appoint a Receiver and 7 Ex Parte Motion for Expedited Discovery, Plaintiff is advised to be prepared to present any relevant evidence in support of the urgent relief requested. Signed by Judge Aileen M. Cannon on 5/7/2021. (ad) [Transferred from Florida Southern on 7/6/2021.]
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| Filing 17 NOTICE by Citizens Bank, N.A. re #5 MOTION to Appoint Receiver , 16 Notice re Hearing,, #6 MOTION to Appoint Receiver Memorandum of Law in Support of Motion to Appoint Receiver Notice of Filing [PROPOSED] Order Appointing Receiver (Attachments: #1 Text of Proposed Order [PROPOSED] Order Appointing Receiver) (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 16 PAPERLESS NOTICE of Hearing: re #6 MOTION to Appoint Receiver Memorandum of Law in Support of Motion to Appoint Receiver, 7 EXPEDITED MOTION Expedited Discovery Ex Parte Motion for Expedited Discovery and Memorandum of Law in Support, #5 MOTION to Appoint Receiver MOTION HEARING RESET for 5/10/2021 10:30 AM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. (tgs) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 15 Summons Issued as to JES GLOBAL CAPITAL GP II, LLC, JES GLOBAL CAPITAL II, L.P., Elliot S. Smerling. (drz) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 14 NOTICE by Citizens Bank, N.A. Notice of Filing Summonses for Issuance by Clerk (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s)) (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 13 PAPERLESS NOTICE of Hearing: re #6 MOTION to Appoint Receiver Memorandum of Law in Support of Motion to Appoint Receiver, 7 EXPEDITED MOTION Expedited Discovery Ex Parte Motion for Expedited Discovery and Memorandum of Law in Support, #5 MOTION to Appoint Receiver Motion Hearing set for 5/7/2021 03:00 PM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. (tgs) [Transferred from Florida Southern on 7/6/2021.] |
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Filing 12
PAPERLESS ORDER granting #9 , #10 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys J. Gregory Deis and Jean-Marie L. Atamian. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on 5/6/2021. (ad) [Transferred from Florida Southern on 7/6/2021.]
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| SYSTEM ENTRY - Docket Entry 7 [motion] restricted/sealed until further notice. (nc) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 11 NOTICE by Citizens Bank, N.A. Request for Judicial Notice (Attachments: #1 Exhibit Smerling Criminal Complaint, #2 Exhibit Smerling Pretrial Detention Order, #3 Exhibit SVB Complaint, #4 Exhibit Declaration of Tom Davies, #5 Exhibit Declaration of Lorin Reisner, #6 Exhibit Order to Show Cause for Order of Attachment, #7 Exhibit Order to Show Cause for Order for Expedited Discovery, #8 Exhibit 1st Supplemental Declaration of Lorin Reisner, #9 Exhibit 1st Supplemental Order to Show Cause for Order for Expedited Discovery, #10 Exhibit 2d Supplemental Declaration of Lorin Reisner, #11 Exhibit order of Pre-Judgment Attachment, Preliminary Injunction & Other Relief) (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jean-Marie Atamian. Filing Fee $ 200.00 Receipt # AFLSDC-14664986 by Citizens Bank, N.A.. Responses due by 5/19/2021 (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for J. Gregory Deis. Filing Fee $ 200.00 Receipt # AFLSDC-14664977 by Citizens Bank, N.A.. Responses due by 5/19/2021 (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 8 Corporate Disclosure Statement Rule 7.1 Corporate Disclosure by Citizens Bank, N.A. identifying Other Affiliate The Vanguard Group Inc for Citizens Bank, N.A. (Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 6 MOTION to Appoint Receiver Memorandum of Law in Support of Motion to Appoint Receiver by Citizens Bank, N.A.. Responses due by 5/19/2021 (Attachments: #1 Exhibit Sileo Declaration, #2 Exhibit Feltman CV)(Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 5 MOTION to Appoint Receiver by Citizens Bank, N.A.. Responses due by 5/19/2021 (Attachments: #1 Exhibit Feltman CV)(Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 4 Bar Letter re: Admissions sent to attorney Vincent J. Connelly, J. Gregory Deis, Jean-Marie Atamian, mailing date 05/05/2021. (cco) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (drz) [Transferred from Florida Southern on 7/6/2021.] |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14664140, filed by Citizens Bank, N.A.. (Attachments: #1 Exhibit Revolving Credit and Security Agreement, #2 Civil Cover Sheet)(Blye, Alexandra) [Transferred from Florida Southern on 7/6/2021.] |
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