HSCM Bermuda Fund, Ltd. v. 24 Capital, LLC et al
| HSCM Bermuda Fund, Ltd. and HSCM F1 Master Fund Ltd. |
| 24 Capital, LLC, Business Advance Team LLC, d/b/a Everyday Capital, Newco Capital Group VI LLC and Business Advance Team LLC doing business as Everyday Capital |
| 1:2021cv06904 |
| August 16, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Alison J Nathan |
| Negotiable Instrument |
| 28 U.S.C. § 1332 jd Diversity-Declaratory Judgement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 30, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 130
OPINION AND ORDER re: #90 FIRST MOTION to Dismiss First Amended Complaint. filed by Newco Capital Group VI LLC.For the foregoing reasons, Defendant's motion is GRANTED in part and DENIED in part. Plaintiffs' replevin claim is DISMISSED with prejudice for failure to state a claim. Plaintiffs may proceed against Newco, however, on the other claims. The Court directs the parties to meet and confer regarding whether they seek a referral to the District mediation program or their assigned Magistrate Judge for a settlement conference. The parties must submit a status update to the Court not later than August 29, 2022 regarding whether they seek a referral; if they do not, they must propose a discovery schedule and inform the Court whether either party objects, in light of the parties' stipulation to a restraining order that remains in effect until the resolution of Plaintiffs' motion for a preliminary injunction, see Stip., Dkt. 30, to the Court consolidating the pending motion for a preliminary injunction with a trial on the merits, Fed. R. Civ. P. 65(a)(2). The Clerk of Court is respectfully directed to close the open motion at Docket Entry 90. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/5/2022) (tg)
|
|
Filing 129
ORDER denying #128 Letter Motion for Extension of Time. Application DENIED. Pursuant to the Court's order at Docket 127, the case has already been dismissed with prejudice as to Defendant 24 Capital, LLC. See Dkt. 127 at 1. Because the parties have reached an agreement in principle, see Letter, Dkt. 126, should the parties fail to execute their agreement, either party will be able to pursue a contract-law remedy in state court. As noted in the Court's order at Docket 127, the parties may still apply to reopen the case for good cause before the close of the 30-day period. See Dkt. 127 at 1. The deadline for the parties to submit the required materials for the Court to retain jurisdiction to enforce their settlement agreement remains 30 days from the date of the Court's order. See id. at 1-2. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/5/2022) (tg)
|
|
Filing 128
FIRST LETTER MOTION for Extension of Time re finalizing settlement with 24 Capital addressed to Judge Valerie E. Caproni from Tara L. Trifon dated July 5, 2022. Document filed by HSCM Bermuda Fund, Ltd., HSCM F1 Master Fund Ltd...(Trifon, Tara)
|
|
Filing 127
ORDER: IT IS HEREBY ORDERED THAT this case is DISMISSED with prejudice and without costs (including attorneys' fees) as to 24 Capital, LLC. The Clerk of Court is respectfully directed to terminate 24 Capital, LLC on the docket. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties' settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 6.A of the Court's Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). The Clerk of Court is instructed to terminate the motion pending at Dkt. 93. SO ORDERED. 24 Capital, LLC terminated. Motions terminated: #93 MOTION to Dismiss . filed by 24 Capital, LLC. (Signed by Judge Valerie E. Caproni on 6/7/2022) (tg)
|
|
Filing 126
NOTICE of of status of mediation and settlement. Document filed by HSCM Bermuda Fund, Ltd., HSCM F1 Master Fund Ltd...(Trifon, Tara)
|
|
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 5/24/2022 at 10:00 AM in telephone or video conference.(ah)
|
|
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/3/2022.(ah)
|
|
Filing 124
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 and the Mediation Program Procedures shall govern the mediation and are directed to participate in the mediation in good faith. The parties are directed to notify the Court no later than one week after the conclusion of all mediation in this case. The Court further advises that mediation should begin no later than May 2, 2022. IT IS FURTHER ORDERED that pending motions to dismiss at Dockets 90 and 93 are stayed pending the outcome of mediation. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 5/2/2022. (Signed by Judge Valerie E. Caproni on 4/20/2022) (tg)
|
|
Filing 123
JOINT LETTER addressed to Judge Valerie E. Caproni from CASEY B. HOWARD dated APRIL 19, 2022 re: Case Status per Court's Order (Dkt. 119).. Document filed by HSCM Bermuda Fund, Ltd., HSCM F1 Master Fund Ltd...(Howard, Casey)
|
|
Filing 122
ORDER: IT IS HEREBY ORDERED THAT this case is DISMISSED with prejudice and without costs (including attorneys' fees) as to Business Advance Team LLC. The Clerk of Court is respectfully directed to terminate Business Advance Team LLC on the docket. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 6.A of the Court's Individual Practices and (2)a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED., Business Advance Team LLC terminated. (Signed by Judge Valerie E. Caproni on 4/14/2022) (ama)
|
|
Filing 121
ORDER terminating #74 Motion to Dismiss; terminating #118 Letter Motion for Extension of Time to Answer re #74 MOTION to Dismiss ., #118 LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Christopher R. Murray dated April 8, 2022., #120 LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Christopher R. Murray dated April 13, 2022.. ; denying #120 Letter Motion for Extension of Time to Answer re #74 MOTION to Dismiss ., #118 LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Christopher R. Murray dated April 8, 2022., #120 LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Christopher R. Murray dated April 13, 2022. Application DENIED. Because the parties have reached a settlement in principle, the Court declines to adjourn Defendant Business Advance Team's deadline to file a motion to dismiss. The Court will issue a 30-day order with respect to this Defendant separately. The Clerk of Court is respectfully directed to close the open motions at Dockets 74, 118, and 120. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/13/2022) (tg)
|
|
Filing 120
LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Christopher R. Murray dated April 13, 2022. Document filed by Business Advance Team LLC..(Murray, Christopher)
|
|
Filing 119
ORDER: IT IS HEREBY ORDERED that the parties must submit a joint letter of not more than 5 pages not later than April 19, 2022, informing the Court of the status of the case, including: (1) a brief description of the case, including the factual and legal bases for their claim(s) and defense(s), (2) the basis for subject-matter jurisdiction, (3) any existing or contemplated motions, and (4) the prospect for settlement, including (i) a confirmation that the parties have met and conferred, and (ii) whether the parties request an immediate referral to either the court-annexed mediation program or the cases assigned magistrate judge. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/12/2022) (tg)
|
|
NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Alison J. Nathan is no longer assigned to the case. (vba)
|
|
Filing 118
LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Christopher R. Murray dated April 8, 2022. Document filed by Business Advance Team LLC..(Murray, Christopher)
|
|
Filing 117
REPLY MEMORANDUM OF LAW in Support re: #93 MOTION to Dismiss . . Document filed by 24 Capital, LLC..(Wells, Steven)
|
|
Filing 116
ORDER granting #115 Letter Motion for Leave to File Excess Pages. The Court grants the Defendant leave to exceed the 10-page limit for its Reply Memorandum by no more than 3 pages, for a total of 13 pages maximum. SO ORDERED. (Signed by U.S. Circuit Judge Sitting by designation Alison J. Nathan on 4/7/2022) (vfr)
|
|
Filing 115
FIRST LETTER MOTION for Leave to File Excess Pages in Reply to HSCM's Opposition to 24 Capital's Motion to Dismiss Plaintiff's Amended Complaint addressed to Judge Alison J. Nathan from Steven W. Wells dated 04/07/2022. Document filed by 24 Capital, LLC..(Wells, Steven)
|
|
Filing 114
ORDER granting #113 Letter Motion for Extension of Time to File Response/Reply re #113 SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #106 Memorandum of Law in Opposition to Motion addressed to Judge Alison J. Nathan from Steven W. Wells dated 03/21/2022. Replies due by 4/8/2022. So Ordered. (Signed by Judge Alison J. Nathan on 3/22/2022) (js)
|
|
Filing 113
SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #106 Memorandum of Law in Opposition to Motion addressed to Judge Alison J. Nathan from Steven W. Wells dated 03/21/2022. Document filed by 24 Capital, LLC..(Wells, Steven)
|
|
Filing 112
ORDER granting #111 Letter Motion for Extension of Time to Answer addressed to Judge Alison J. Nathan from Christopher R. Murray dated March 7, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/8/2022) (vfr)
|
|
Set/Reset Deadlines: Motions due by 4/8/2022. (vfr)
|
|
Filing 111
LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Christopher R. Murray dated March 7, 2022. Document filed by Business Advance Team LLC..(Murray, Christopher)
|
|
Filing 110
ORDER granting #109 Letter Motion for Extension of Time to File Response/Reply as to #106 Memorandum of Law in Opposition to Motion addressed to Judge Alison J. Nathan from Steven W. Wells dated 03/04/2022. SO ORDERED. Replies due by 3/25/2022. (Signed by Judge Alison J. Nathan on 3/4/2022) (vfr)
|
|
Filing 109
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #106 Memorandum of Law in Opposition to Motion addressed to Judge Alison J. Nathan from Steven W. Wells dated 03/04/2022. Document filed by 24 Capital, LLC..(Wells, Steven)
|
|
Filing 108
ORDER granting #107 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/2/2022) (vfr)
|
|
Filing 107
LETTER MOTION for Leave to File Excess Pages in Opposition to 24 Capital's Motion to Dismiss addressed to Judge Alison J. Nathan from CASEY B. HOWARD dated MARCH 1, 2022. Document filed by HSCM Bermuda Fund, Ltd., HSCM F1 Master Fund Ltd...(Howard, Casey)
|
|
Filing 106
MEMORANDUM OF LAW in Opposition re: #93 MOTION to Dismiss . . Document filed by HSCM Bermuda Fund, Ltd., HSCM F1 Master Fund Ltd...(Howard, Casey)
|
|
Filing 105
MEMORANDUM OF LAW in Opposition re: #90 FIRST MOTION to Dismiss First Amended Complaint. . Document filed by HSCM Bermuda Fund, Ltd., HSCM F1 Master Fund Ltd...(Howard, Casey)
|
|
Filing 104
ORDER granting #103 Letter Motion for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss the First Amended Complaint addressed to Judge Alison J. Nathan from CASEY B. HOWARD dated February 18, 2022. SO ORDERED. Responses due by 2/28/2022. (Signed by Judge Alison J. Nathan on 2/18/2022) (vfr)
|
|
Filing 103
SECOND LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss the First Amended Complaint addressed to Judge Alison J. Nathan from CASEY B. HOWARD dated February 18, 2022. Document filed by HSCM Bermuda Fund, Ltd., HSCM F1 Master Fund Ltd...(Howard, Casey)
|
|
Filing 102
ORDER granting #101 Letter Motion for Extension of Time. SO ORDERED. Motions due by 3/9/2022. (Signed by Judge Alison J. Nathan on 2/15/2022) (vfr)
|
|
Filing 101
LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from Christopher R. Murray, Esq. dated February 14, 2022. Document filed by Business Advance Team LLC..(Murray, Christopher)
|
|
Filing 100
LETTER addressed to Judge Alison J. Nathan from Casey B. Howard dated January 24, 2022 re: Individual Rule 3(e). Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 99
ORDER granting #98 Letter Motion for Extension of Time. Plaintiff's consented requests are GRANTED.Plaintiff shall file a letter per Rule 3(f) by January 24, 2022, and shall file an opposition to the pending motions to dismiss by February 21, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/20/2022) (js)
|
|
Set/Reset Deadlines: Responses due by 2/21/2022 (js)
|
|
Filing 98
LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from CASEY B. HOWARD dated JANUARY 18, 2022. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 97
ORDER granting #89 Letter Motion for Extension of Time to Answer re #89 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Christopher R. Murray, Esq. dated January 6, 2022.. SO ORDERED.. (Signed by Judge Alison J. Nathan on 1/10/2022) (ks)
|
|
Set/Reset Deadlines: Motions due by 2/7/2022. (ks)
|
|
Filing 96
MEMORANDUM OF LAW in Support re: #93 MOTION to Dismiss . . Document filed by 24 Capital, LLC..(Wells, Steven)
|
|
Filing 95
DECLARATION of Steven W. Wells in Support re: #93 MOTION to Dismiss .. Document filed by 24 Capital, LLC. (Attachments: #1 Exhibit A - First Amended Complaint, #2 Exhibit B - Purchase Agreement, #3 Exhibit C - 7/13/21 Write, #4 Exhibit D - 9/29/21 Email).(Wells, Steven)
|
|
Filing 94
DECLARATION of Steven W. Wells in Support re: #93 MOTION to Dismiss .. Document filed by 24 Capital, LLC. (Attachments: #1 Exhibit A - First Amended Complaint).(Wells, Steven)
|
|
Filing 93
MOTION to Dismiss . Document filed by 24 Capital, LLC. Responses due by 1/19/2022.(Wells, Steven)
|
|
Filing 92
FIRST MEMORANDUM OF LAW in Support re: #90 FIRST MOTION to Dismiss First Amended Complaint. . Document filed by Newco Capital Group VI LLC..(Bouskila, Ariel)
|
|
Filing 91
DECLARATION of Ariel Bouskila in Support re: #90 FIRST MOTION to Dismiss First Amended Complaint.. Document filed by Newco Capital Group VI LLC. (Attachments: #1 Exhibit Exhibit A First Amended Complaint, #2 Exhibit Exhibit B State Court Complaint, #3 Exhibit Exhibit C HSCM Letter, #4 Exhibit Exhibit D Email Demonstrating Representation of SHPC, #5 Exhibit Exhibit E Notice of Appearance, #6 Exhibit Exhibit F State Court RJI).(Bouskila, Ariel)
|
|
Filing 90
FIRST MOTION to Dismiss First Amended Complaint. Document filed by Newco Capital Group VI LLC..(Bouskila, Ariel)
|
|
Filing 89
SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Christopher R. Murray, Esq. dated January 6, 2022. Document filed by Business Advance Team LLC..(Murray, Christopher)
|
|
Filing 88
ORDER granting #87 Letter Motion for Extension of Time to Answer re #87 FIRST LETTER MOTION for Extension of Time to File Answer to First Amended Complaint addressed to Judge Alison J. Nathan from Ariel Bouskila dated December 13 2021. SO ORDERED. #81 Amended Complaint,. Newco Capital Group VI LLC answer due 1/7/2022. (Signed by Judge Alison J. Nathan on 12/14/2021) (vfr)
|
|
Set/Reset Deadlines: Motions due by 1/7/2022. (vfr)
|
|
Filing 87
FIRST LETTER MOTION for Extension of Time to File Answer to First Amended Complaint addressed to Judge Alison J. Nathan from Ariel Bouskila dated December 13 2021. Document filed by Newco Capital Group VI LLC..(Bouskila, Ariel)
|
|
Filing 86
ORDER: granting #85 Letter Motion for Extension of Time. (We have agreed, subject to the Court's approval, that 24 Capital's motion to dismiss the Amended Complaint shall be served on or before January 7, 2022.) SO ORDERED. (Signed by Judge Alison J. Nathan on 12/13/2021) (ama)
|
|
Filing 85
LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from Steven W. Wells dated 12/13/2021. Document filed by 24 Capital, LLC..(Wells, Steven)
|
|
Filing 84
ORDER granting #83 Letter Motion for Extension of Time. SO ORDERED. Motions due by 1/7/2022. (Signed by Judge Alison J. Nathan on 12/10/2021) (mml)
|
|
Filing 83
LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from Christopher R. Murray dated December 10, 2021. Document filed by Business Advance Team LLC..(Murray, Christopher)
|
|
Filing 82
ORDER. Defendants on November 30 and December 1, 2021, filed motions to dismiss Plaintiff's complaint. Dkt. No. 74, 78. On December 1, 2021, Plaintiffs filed, with leave of the Court, an amended complaint. Dkt. No. 81. Defendants may now (a) file an answer to the amended complaint; (b) file a new motion to dismiss; or (c) submit a letter stating that they rely on their initially filed motions to dismiss. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/2/21) (yv)
|
|
Filing 81
FIRST AMENDED COMPLAINT amending #1 Complaint, against 24 Capital, LLC, Business Advance Team LLC, Newco Capital Group VI LLC.Document filed by HSCM Bermuda Fund, Ltd., HSCM F1 Master Fund Ltd.. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B).(Howard, Casey)
|
|
Filing 80
MEMORANDUM OF LAW in Support re: #78 MOTION to Dismiss . . Document filed by Newco Capital Group VI LLC..(Bouskila, Ariel)
|
|
Filing 79
DECLARATION of Ariel Bouskila in Support re: #78 MOTION to Dismiss .. Document filed by Newco Capital Group VI LLC. (Attachments: #1 Exhibit A complaint, #2 Exhibit B state court complaint, #3 Exhibit C HSCM Letter, #4 Exhibit D Representing SHPC, #5 Exhibit E Notice of Appearance, #6 Exhibit Exhibit F State Court RJI).(Bouskila, Ariel)
|
|
Filing 78
MOTION to Dismiss . Document filed by Newco Capital Group VI LLC..(Bouskila, Ariel)
|
|
Filing 77
MEMORANDUM OF LAW in Support re: #74 MOTION to Dismiss . . Document filed by Business Advance Team LLC..(Murray, Christopher)
|
|
Filing 76
DECLARATION of Christopher R. Murray in Support re: #74 MOTION to Dismiss .. Document filed by Business Advance Team LLC. (Attachments: #1 Exhibit G - HSCM's Complaint, #2 Exhibit H - HSCM's FORM D filed with SEC contradicting their allegation as to principal place of business).(Murray, Christopher)
|
|
Filing 75
DECLARATION of Christopher Castro in Support re: #74 MOTION to Dismiss .. Document filed by Business Advance Team LLC. (Attachments: #1 Exhibit A - Florida Complaint, #2 Exhibit B - BAT's New York State Complaint, #3 Exhibit C - HSCM's Letter Dated July 22, 2021, #4 Exhibit D - Locke Lord LLP's appearance and RJI for SHPC, #5 Exhibit E - Locke Lord LLP's appearance for HSCM as alleged creditor of SHPC, #6 Exhibit F - HSCM's UCC Article 9 Sale Notice of Majority Ownership in SHPC).(Murray, Christopher)
|
|
Filing 74
MOTION to Dismiss . Document filed by Business Advance Team LLC..(Murray, Christopher)
|
|
Filing 73
MEMO ENDORSEMENT on re: #72 Letter filed by HSCM Bermuda Fund, Ltd. ENDORSEMENT: SO ORDERED. ( Amended Pleadings due by 12/1/2021.) (Signed by Judge Alison J. Nathan on 11/23/2021) (vfr)
|
|
Filing 72
LETTER addressed to Judge Alison J. Nathan from Casey B. Howard dated November 23, 2021 re: Intent to File Amended Complaint Per Individual Rule of Practice 3(F). Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 71
DECLARATION of Steven W. Wells in Support re: #69 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by 24 Capital, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - 4/14/2021 Agreement, #3 Exhibit C - 7/13/2021 Writ).(Wells, Steven)
|
|
Filing 70
MEMORANDUM OF LAW in Support re: #69 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by 24 Capital, LLC..(Wells, Steven)
|
|
Filing 69
MOTION to Dismiss for Lack of Jurisdiction . Document filed by 24 Capital, LLC. Responses due by 12/2/2021.(Wells, Steven)
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ariel Bouskila to RE-FILE Document #67 FIRST MOTION to Dismiss for Lack of Jurisdiction as to Newco Capital Group VI LLC.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). (kj)
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ariel Bouskila to RE-FILE Document #68 Memorandum of Law in Support of Motion,. ERROR(S): Supporting and/or Opposing/Response Document(s) linked to a deficient entry.. (kj)
|
|
Filing 68
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MEMORANDUM OF LAW in Support re: #67 FIRST MOTION to Dismiss for Lack of Jurisdiction as to Newco Capital Group VI LLC. . Document filed by Newco Capital Group VI LLC..(Bouskila, Ariel) Modified on 11/30/2021 (kj).
|
|
Filing 67
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss for Lack of Jurisdiction as to Newco Capital Group VI LLC. Document filed by Newco Capital Group VI LLC. Responses due by 11/26/2021 (Attachments: #1 Affidavit Bouskila Declaration Dated Nov. 11 2021, #2 Exhibit Exhibit A Complaint, #3 Exhibit Exhibit B State Court Complaint, #4 Exhibit Exhibit C Letter from HSCM, #5 Exhibit Exhibit D Locke Lord Represent SHPC, #6 Exhibit Exhibit E Locke Lord Notice of Appearance, #7 Exhibit Exhibit F RJI State Court Action).(Bouskila, Ariel) Modified on 11/30/2021 (kj).
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Christopher Murray to RE-FILE Document #65 FIRST MOTION to Dismiss for Lack of Jurisdiction . MOTION to Dismiss .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). Proposed Order(s) and/or Certificate of Service(s) are allowed to be filed with the Motion. (kj)
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Christopher Murray to RE-FILE Document #66 Memorandum of Law in Support of Motion,. ERROR(S): Supporting and or Opposing/Response Document(s) linked to a deficient entry.. (kj)
|
|
Filing 66
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #65 FIRST MOTION to Dismiss for Lack of Jurisdiction . MOTION to Dismiss . . Document filed by Business Advance Team LLC..(Murray, Christopher) Modified on 11/30/2021 (kj).
|
|
Filing 65
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss for Lack of Jurisdiction ., MOTION to Dismiss .( Responses due by 11/24/2021) Document filed by Business Advance Team LLC. (Attachments: #1 Affidavit Castro Declaration dated September 29, 2021, #2 Exhibit A - Florida Complaint, #3 Exhibit B - BAT's Complaint, #4 Exhibit C - HSCM's Letter, #5 Exhibit D - RJI with Locke Lord Appearance, #6 Exhibit E - Locke Lord Appearance, #7 Exhibit F - Article 9 Sale Notice, #8 Affidavit Murray Declaration dated November 10, 2021, #9 Exhibit G - Complaint in this Action, #10 Exhibit H - Plaintiff's Form D Filing).(Murray, Christopher) Modified on 11/30/2021 (kj).
|
|
Filing 64
ORDER granting #63 Letter Motion for Extension of Time to Answer addressed to Judge Alison J. Nathan from Steven W. Wells dated 11/8/2021. SO ORDERED. 24 Capital, LLC answer due 11/18/2021. (Signed by Judge Alison J. Nathan on 11/8/2021) (vfr)
|
|
Filing 63
LETTER MOTION for Extension of Time to File Answer re: #50 Order on Motion for Extension of Time to File Response/Reply,,,,,,,,, addressed to Judge Alison J. Nathan from Steven W. Wells dated 11/8/2021. Document filed by 24 Capital, LLC..(Wells, Steven)
|
|
Filing 62
MEMO ENDORSEMENT re: #61 granting #59 Letter Motion to Adjourn Conference. ENDORSEMENT: The conference schedule for November 12, 2021, is adjourned pending the Court's resolution of the Defendants'forthcoming motions to dismiss. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/4/2021) (vfr)
|
|
Filing 61
LETTER addressed to Judge Alison J. Nathan from CASEY B. HOWARD dated NOVEMBER 3, 2021 re: Defendant Newco Capital Group VI, LLC's Letter Motion to Adjourn Pretrial Conference. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 60
ORDER denying #54 Letter Motion for Conference re: #54 LETTER MOTION for Conference addressed to Judge Alison J. Nathan from Christopher R. Murray, Esq. dated October 29, 2021 ; terminating #54 Letter Motion for Discovery. The Court therefore orders BAT to furnish the information required by Local Rule 26.1(b) by November 5, 2021. The Court denies HSCM's contempt motion. The Court has considered the factors for civil contempt and determined, within its discretion, that sanctions would be inappropriate at this time. See Paramedics Electromedicina Comercial, Ltda. v. GE Med. Sys. Info. Techs., Inc., 369 F.3d 645, 655 (2d Cir. 2004). The Court's Order dated October 14, 2021, was made without knowledge of BAT's objection to Local Rule 26.1. And while BAT's argument lacked merit, the Court finds that it was not frivolous or made in bad faith. The Court cautions, however, that any future objection to an Order of this Court or a party's discovery request must be raised to the Court in a timely mannerthat is, before the requested material is dueand only after the parties meet and confer in good faith. Further, the Court will take account of the delay caused by BAT's objection in considering any future extension requested by HSCM. Last, the Court denies BAT's motion for a phone conference because it is unnecessary. This resolves docket numbers 54 and 55. ( As further set forth in this Order.) SO ORDERED. (Signed by Judge Alison J. Nathan on 11/3/2021) (vfr)
|
|
Filing 59
FIRST LETTER MOTION to Adjourn Conference Pretrial Conference addressed to Judge Alison J. Nathan from Ariel Bouskila dated November 3, 2021. Document filed by Newco Capital Group VI LLC..(Bouskila, Ariel)
|
|
Filing 58
DECLARATION of Brett Williams in Support re: #16 LETTER MOTION for Conference on Application for TRO addressed to Judge Alison J. Nathan from Casey B. Howard dated August 31, 2021.. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 57
REPLY MEMORANDUM OF LAW in Support re: #16 LETTER MOTION for Conference on Application for TRO addressed to Judge Alison J. Nathan from Casey B. Howard dated August 31, 2021. . Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 56
FIRST LETTER addressed to Judge Alison J. Nathan from Ariel Bouskila dated October 29, 2021 re: BAT's Letter Motion For Conference. Document filed by Newco Capital Group VI LLC..(Bouskila, Ariel)
|
|
Filing 55
LETTER addressed to Judge Alison J. Nathan from Tara L. Trifon, Esq. dated October 29, 2021 re: Response to Defendant Business Advance Team LLC d/b/a Everyday Capital (BAT) letter request (the Letter Request) for a telephonic conference. Document filed by HSCM Bermuda Fund, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Trifon, Tara)
|
|
Filing 54
LETTER MOTION for Conference addressed to Judge Alison J. Nathan from Christopher R. Murray, Esq. dated October 29, 2021., LETTER MOTION for Discovery addressed to Judge Alison J. Nathan from Christopher R. Murray, Esq. dated October 29, 2021. Document filed by Business Advance Team LLC..(Murray, Christopher)
|
|
Filing 53
ORDER granting #51 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/28/2021) (vfr)
|
|
Filing 52
AFFIDAVIT OF SERVICE of Summons and Complaint,. Business Advance Team LLC served on 8/31/2021, answer due 9/21/2021; Newco Capital Group VI LLC served on 9/1/2021, answer due 9/22/2021. Document filed by HSCM Bermuda Fund, Ltd.. (Attachments: #1 Affidavit).(Braunstein, Andrew)
|
|
Filing 51
LETTER MOTION for Leave to File Excess Pages addressed to Judge Alison J. Nathan from Casey B. Howard dated October 27, 2021. Document filed by HSCM Bermuda Fund, Ltd...(Braunstein, Andrew)
|
|
Filing 50
ORDER terminating #48 Letter Motion for Extension of Time to File Response/Reply ; granting #49 Letter Motion for Extension of Time to File Response/Reply addressed to Judge Alison J. Nathan from Casey B. Howard dated October 13, 2021. The Court GRANTS Plaintiff's request for an extension of its deadline to file a reply in support of its preliminary injunction motion to October 29, 2021. The Court additionally GRANTS Defendants a 3-week extension to file answers to the complaint and a 2-week extension to furnish the information required by Local Rule 26.1(b). Counsel for all parties are reminded to treat each other with courtesy and professionalism. Counsel are further reminded of their duty of candor to the Court, which extends to full disclosures of whether they have the consent of an opposing party, as required by the Court's Individual Rule 1.E. This resolves docket numbers 48 and 49. SO ORDERED. Replies due by 10/29/2021.. (Signed by Judge Alison J. Nathan on 10/14/2021) (vfr)
|
|
Filing 49
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Alison J. Nathan from Casey B. Howard dated October 13, 2021. Document filed by HSCM Bermuda Fund, Ltd.. (Attachments: #1 Exhibit A - Email Correspondence).(Braunstein, Andrew)
|
|
Filing 48
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #32 Stipulation and Order,,,,,,,,,,, Set Deadlines,,,,,,,,,, #31 Stipulation and Order,,,,,,,,,, #30 Stipulation and Order,,,,,,,,,,, Set Deadlines,,,,,,,,,, addressed to Judge Alison J. Nathan from Casey B. Howard dated October 13, 2021. Document filed by HSCM Bermuda Fund, Ltd...(Braunstein, Andrew)
|
|
Filing 47
FIRST MEMORANDUM OF LAW in Opposition re: #16 LETTER MOTION for Conference on Application for TRO addressed to Judge Alison J. Nathan from Casey B. Howard dated August 31, 2021. . Document filed by 24 Capital, LLC..(Wells, Steven)
|
|
Filing 46
DECLARATION of Steven W. Wells in Opposition re: #16 LETTER MOTION for Conference on Application for TRO addressed to Judge Alison J. Nathan from Casey B. Howard dated August 31, 2021.. Document filed by 24 Capital, LLC. (Attachments: #1 Exhibit Purchase Agreement, #2 Exhibit Connecticut Writ of Attachment, #3 Exhibit Motion to Dismiss Connecticut Action).(Wells, Steven)
|
|
Filing 45
FIRST MEMORANDUM OF LAW in Opposition re: #16 LETTER MOTION for Conference on Application for TRO addressed to Judge Alison J. Nathan from Casey B. Howard dated August 31, 2021. . Document filed by Newco Capital Group VI LLC..(Bouskila, Ariel)
|
|
Filing 44
DECLARATION of Ariel Bouskila in Opposition re: #16 LETTER MOTION for Conference on Application for TRO addressed to Judge Alison J. Nathan from Casey B. Howard dated August 31, 2021.. Document filed by Newco Capital Group VI LLC. (Attachments: #1 Exhibit Notice of Public Sale, #2 Exhibit Email Confirming Purchaser, #3 Exhibit HS Seeholt).(Bouskila, Ariel)
|
|
Filing 43
DECLARATION of Sinai Bergstrom in Opposition re: #16 LETTER MOTION for Conference on Application for TRO addressed to Judge Alison J. Nathan from Casey B. Howard dated August 31, 2021.. Document filed by Newco Capital Group VI LLC. (Attachments: #1 Exhibit A Contract, #2 Exhibit B Florida UCC, #3 Exhibit C Delaware UCC).(Bouskila, Ariel)
|
|
Filing 42
DECLARATION of Christopher R. Murray in Opposition re: #16 LETTER MOTION for Conference on Application for TRO addressed to Judge Alison J. Nathan from Casey B. Howard dated August 31, 2021.. Document filed by Business Advance Team LLC. (Attachments: #1 Exhibit G - HSCM's Complaint, #2 Exhibit H - HSCM's FORM D filed with SEC contradicting their allegation as to principal place of business, #3 Exhibit I - Connecticut Court filings).(Murray, Christopher)
|
|
Filing 41
DECLARATION of Christopher Castro in Opposition re: #16 LETTER MOTION for Conference on Application for TRO addressed to Judge Alison J. Nathan from Casey B. Howard dated August 31, 2021.. Document filed by Business Advance Team LLC. (Attachments: #1 Exhibit A - Florida Complaint, #2 Exhibit B - BAT's New York State Complaint, #3 Exhibit C - HSCM's Letter Dated July 22, 2021, #4 Exhibit D - Locke Lord LLP's appearance and RJI for SHPC, #5 Exhibit E - Locke Lord LLP's appearance for HSCM as alleged creditor of SHPC, #6 Exhibit F - HSCM's UCC Article 9 Sale Notice of Majority Ownership in SHPC).(Murray, Christopher)
|
|
Filing 40
MEMORANDUM OF LAW in Opposition re: #16 LETTER MOTION for Conference on Application for TRO addressed to Judge Alison J. Nathan from Casey B. Howard dated August 31, 2021. and Plaintiff's motion by Order to Show Cause re: #17 and #29 . Document filed by Business Advance Team LLC..(Murray, Christopher)
|
|
Filing 39
NOTICE OF APPEARANCE by Christopher Ryan Murray on behalf of Business Advance Team LLC..(Murray, Christopher)
|
|
Filing 38
ORDER granting #37 Letter Motion for Extension of Time to File Response/Reply re #37 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #32 Stipulation and Order, Set Deadlines addressed to Judge Alison J. Nathan from Steven W. Wells dated September 29, 2021. SO ORDERED. Responses due by 10/1/2021. (Signed by Judge Alison J. Nathan on 9/29/2021) (vfr)
|
|
Filing 37
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #32 Stipulation and Order,,,,,,,,,,, Set Deadlines,,,,,,,,,, addressed to Judge Alison J. Nathan from Steven W. Wells dated September 29, 2021. Document filed by 24 Capital, LLC..(Wells, Steven)
|
|
Filing 36
ORDER granting #35 Letter Motion for Extension of Time to File Response/Reply re #35 FIRST LETTER MOTION for Extension of Time to File Response/Reply to the Complaint addressed to Judge Alison J. Nathan from Ariel Bouskila dated Sept 20, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/20/2021) (rro)
|
|
Filing 35
FIRST LETTER MOTION for Extension of Time to File Response/Reply to the Complaint addressed to Judge Alison J. Nathan from Ariel Bouskila dated Sept 20, 2021. Document filed by Newco Capital Group VI LLC..(Bouskila, Ariel)
|
|
Set/Reset Deadlines: 24 Capital, LLC answer due 10/21/2021; Business Advance Team LLC answer due 10/21/2021; Newco Capital Group VI LLC answer due 10/21/2021. (rro)
|
|
Filing 34
ORDER: Initial Conference set for 11/12/2021 at 03:15 PM before Judge Alison J. Nathan. Unless the Court states otherwise, the Court will not hold the upcoming initial pretrial conference in this case in person. The conference will proceed by telephone. The parties and members of the public may access the conference by dialing (888) 363-4749 and entering access code 9196964. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) SO ORDERED. (Signed by Judge Alison J. Nathan on 9/14/2021) (vfr)
|
|
Filing 33
ORDER granting #25 Motion for Steven W. Wells to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 FIRST MOTION for Steven W. Wells to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
|
|
Filing 32
STIPULATION AND ORDER GRANTING TEMPORARY INJUNCTIVE RELIEF: IT IS HEREBY STIPULATED BY AND BETWEEN Plaintiff HSCM Bermuda Fund Ltd. ("Plaintiff") and Defendant 24 Capital, LLC ("Defendant") (collectively, the "Parties"): 1. Defendant shall refrain from issuing any further UCC Notices of Assignment as to accounts receivable owed to and/or earned by Seeman Holtz Property and Casualty, LLC ("SHPC"); 2. In the event that an account debtor delivers funds to Defendant from a previously served UCC Notice of Assignment and the Parties determine the funds were owed to and earned by SHPC, rather than owed to or earned by an entity related to SHPC, then Defendant shall place such funds in escrow. If the Parties are unable to agree whether accounts receivable were owed to and/or earned by SHPC, such funds shall be placed in escrow pending a determination by the Court. Neither Plaintiff nor Defendant shall have a claim for damages against one another arising from funds held in escrow for the time that any funds are held in escrow; 3. This Stipulation shall not restrict Defendant's rights under the Uniform Commercial Code to collect on accounts receivable from any other entity against whom Defendant has a security interest and shall not restrict Defendant's right to serve UCC Notices of Assignment where funds are reasonably identified as having been owed to or earned by any person or entity other than SHPC. If the Parties are unable to agree whether accounts receivable were owed to and/or earned by SHPC such funds shall be placed in escrow pending a determination by the Court. Neither Plaintiff nor Defendant shall have a claim for damages against one another arising from funds held in escrow for the time that any funds are held in escrow; 4. By entering into this stipulation, the parties expressly agree that Defendant preserves all rights, defenses, and objections to this action and Plaintiff's motion for a preliminary injunction. This stipulation shall not be construed as a waiver of any rights, defenses, or objections by Defendant; 5. Defendant shall file and serve a written response to Plaintiff's motion for a preliminary injunction by September 30, 2021; and 6. Plaintiff shall file and serve any written reply to Defendant's opposition to Plaintiff's motion for a preliminary injunction by October 15, 2021. SO ORDERED. (Responses due by 9/30/2021, Replies due by 10/15/2021.) (Signed by Judge Alison J. Nathan on 9/3/2021) (mml)
|
|
Filing 31
STIPULATION AND ORDER GRANTING TEMPORARY INJUNCTIVE RELIEF: IT IS HEREBY STIPULATED BY AND BETWEEN Plaintiff HSCM Bermuda Fund Ltd. ("Plaintiff") and Defendant Business Advance Team LLC d/b/a Everyday Capital ("Defendant") (collectively, the "Parties"): 1. Defendant shall refrain from issuing any further UCC Notices of Assignment as to accounts receivable owed to and/or earned by Seeman Holtz Property and Casualty, LLC ("SHPC"); 2. In the event that an account debtor delivers funds to Defendant from a previously served UCC Notice of Assignment and the Parties determine the funds were owed to and earned by SHPC, rather than owed to or earned by an entity related to SHPC, then Defendant shall place such funds in escrow. If the Parties are unable to agree whether accounts receivable were owed to and/or earned by SHPC, such funds shall be placed in escrow pending a determination by the Court. Neither Plaintiff nor Defendant shall have a claim for damages against one another arising from funds held in escrow for the time that any funds are held in escrow; 3. This Stipulation shall not restrict Defendant's rights under the Uniform Commercial Code to collect on accounts receivable from any other entity against whom Defendant has a security interest and shall not restrict Defendant's right to serve UCC Notices of Assignment where funds are reasonably identified as having been owed to or earned by any person or entity other than SHPC. If the Parties are unable to agree whether accounts receivable were owed to and/or earned by SHPC such funds shall be placed in escrow pending a determination by the Court. Neither Plaintiff nor Defendant shall have a claim for damages against one another arising from funds held in escrow for the time that any funds are held in escrow; 4. By entering into this stipulation, the parties expressly agree that Defendant preserves all rights, defenses, and objections to this action and Plaintiff's motion for a preliminary injunction. This stipulation shall not be construed as a waiver of any rights, defenses, or objections by Defendant; 5. Defendant shall file and serve a written response to Plaintiff's motion for a preliminary injunction by September 30, 2021; and 6. Plaintiff shall file and serve any written reply to Defendant's opposition to Plaintiff's motion for a preliminary injunction by October 15, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/3/2021) (vfr)
|
|
Filing 30
STIPULATION AND ORDER GRANTING TEMPORARY INJUNCTIVE RELIEF: IT IS HEREBY STIPULATED BY AND BETWEEN Plaintiff HSCM Bermuda Fund Ltd. ("Plaintiff") and Defendant Newco Capital Group VI LLC ("Defendant") (collectively, the "Parties"): 1. Defendant shall refrain from issuing any further UCC Notices of Assignment as to accounts receivable owed to and/or earned by Seeman Holtz Property and Casualty, LLC ("SHPC"); 2. In the event that an account debtor delivers funds to Defendant from a previously served UCC Notice of Assignment and the Parties determine the funds were owed to and earned by SHPC, rather than owed to or earned by an entity related to SHPC, then Defendant shall place such funds in escrow. If the Parties are unable to agree whether accounts receivable were owed to and/or earned by SHPC, such funds shall be placed in escrow pending a determination by the Court. Neither Plaintiff nor Defendant shall have a claim for damages against one another arising from funds held in escrow for the time that any funds are held in escrow; 3. This Stipulation shall not restrict Defendant's rights under the Uniform Commercial Code to collect on accounts receivable from any other entity against whom Defendant has a security interest and shall not restrict Defendant's right to serve UCC Notices of Assignment where funds are reasonably identified as having been owed to or earned by any person or entity other than SHPC. If the Parties are unable to agree whether accounts receivable were owed to and/or earned by SHPC such funds shall be placed in escrow pending a determination by the Court. Neither Plaintiff nor Defendant shall have a claim for damages against one another arising from funds held in escrow for the time that any funds are held in escrow; 4. By entering into this stipulation, the parties expressly agree that Defendant preserves all rights, defenses, and objections to this action and Plaintiff's motion for a preliminary injunction. This stipulation shall not be construed as a waiver of any rights, defenses, or objections by Defendant; 5. Defendant shall file and serve a written response to Plaintiff's motion for a preliminary injunction by September 30, 2021; and 6. Plaintiff shall file and serve any written reply to Defendant's opposition to Plaintiff's motion for a preliminary injunction by October 15, 2021. SO ORDERED. ( Responses due by 9/30/2021, Replies due by 10/15/2021.) (Signed by Judge Alison J. Nathan on 9/3/2021) (vfr)
|
|
Filing 29
PROPOSED STIPULATION AND ORDER. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 28
PROPOSED STIPULATION AND ORDER. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 27
PROPOSED STIPULATION AND ORDER. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 26
PROPOSED STIPULATION AND ORDER. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 25
FIRST MOTION for Steven W. Wells to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 24 Capital, LLC. (Attachments: #1 Affidavit of Steven W. Wells, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order Proposed Order Granting Motion).(Wells, Steven)
|
|
Filing 24
ORDER granting #23 Letter Motion for Extension of Time to File Response/Reply re #23 FIRST LETTER MOTION for Extension of Time to File Response/Reply to plaintiffs motion for tro addressed to Judge Alison J. Nathan from Ariel Bouskila dated September 2, 2021. The request for an extension is GRANTED. The parties shall confer to reach an agreement and shall jointly submit a proposed temporary restraining order, if any, by September 3, 2021. If the parties cannot agree, Defendants' written opposition to the motion for a temporary restraining order shall be filed by September 3, 2021, and Plaintiff's reply shall be filed by September 7, 2021. The hearing scheduled for September 7, 2021, is adjourned. The Court will resolve Plaintiff's request for a TRO on the papers unless it deems a hearing necessary, in which case it will schedule one after the Jewish holiday. Counsel are admonished to work collegially and expeditiously with opposing counsel. SO ORDERED. Responses due by 9/3/2021. Replies due by 9/7/2021. (Signed by Judge Alison J. Nathan on 9/2/2021) (vfr)
|
|
Filing 23
FIRST LETTER MOTION for Extension of Time to File Response/Reply to plaintiffs motion for tro addressed to Judge Alison J. Nathan from Ariel Bouskila dated September 2, 2021. Document filed by Newco Capital Group VI LLC..(Bouskila, Ariel)
|
|
Filing 22
CERTIFICATE OF SERVICE of ORDEER served on Business Advance Team LLC d/b/a Everyday Capital, 24 Capital LLC, Newco Capital Group VI LLLC on August 31, 2021. Service was made by MAIL. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 21
ORDER terminating #16 Letter Motion for Conference re: #16 LETTER MOTION for Conference on Application for TRO addressed to Judge Alison J. Nathan from Casey B. Howard dated August 31, 2021. The Court has received Plaintiff's application for a temporary restraining order filed August 31, 2021. Dkt. No. 16. The Court strongly encourages the parties to confer to reach an agreement on a temporary restraining order that would remain in effect pending the resolution of a preliminary injunction. If the parties are able to do so, by Thursday, September 2, 2021, the parties shall jointly submit a proposed temporary restraining order, as well as a proposed briefing schedule and hearing date for the preliminary injunction motion. In the event the parties are unable to come to an agreement, Defendants' written opposition to the motion for a temporary restraining order shall be filed by September 2, 2021, and Plaintiff's reply shall be filed by September 3, 2021. The Court will conduct a telephonic hearing, if any, on September 7, 2021, at 1:00 p.m. Plaintiff shall serve notice of this order on Defendants today, August 31, 2021, and shall file affidavits of service on the public docket by September 1, 2021, at 10:00 a.m. (Signed by Judge Alison J. Nathan on 8/31/2021) (ate)
|
|
Filing 20
MEMORANDUM OF LAW in Support re: #17 Proposed Order to Show Cause With Emergency Relief . Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 19
DECLARATION of Casey B. Howard, Esq. in Support re: #17 Proposed Order to Show Cause With Emergency Relief. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 18
DECLARATION of Michael Kaminer in Support re: #17 Proposed Order to Show Cause With Emergency Relief. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 17
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
|
|
Filing 16
LETTER MOTION for Conference on Application for TRO addressed to Judge Alison J. Nathan from Casey B. Howard dated August 31, 2021. Document filed by HSCM Bermuda Fund, Ltd.. (Attachments: #1 Exhibit Order to Show Cause Seeking TRO and Papers in Support Thereof).(Howard, Casey)
|
|
Filing 15
ELECTRONIC SUMMONS ISSUED as to Newco Capital Group VI LLC..(jgo)
|
|
Filing 14
NOTICE OF APPEARANCE by Andrew Max Braunstein on behalf of HSCM Bermuda Fund, Ltd...(Braunstein, Andrew)
|
|
Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Newco Capital Group VI LLC, re: #1 Complaint,. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 12
ELECTRONIC SUMMONS ISSUED as to Business Advance Team LLC..(jgo)
|
|
Filing 11
ELECTRONIC SUMMONS ISSUED as to 24 Capital, LLC..(jgo)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Casey Brian Howard to RE-FILE Document No. #10 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on the 'as to' docket entry text does not match exactly as it appears on the pleading caption;. 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. (jgo)
|
|
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #17 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt)
|
|
Set/Reset Deadlines: ( Responses due by 9/2/2021, Replies due by 9/3/2021.), Set/Reset Hearings:( Telephone Conference set for 9/7/2021 at 01:00 PM before Judge Alison J. Nathan.) (ate)
|
|
Filing 10
FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to NEWCO CAPITAL LLC, re: #1 Complaint,. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey) Modified on 8/31/2021 (jgo).
|
|
Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to BUSINESS ADVANCE TEAM LLC, re: #1 Complaint,. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to 24 Capital LLC, re: #1 Complaint,. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Casey Brian Howard to RE-FILE Document No. #5 Request for Issuance of Summons, #6 Request for Issuance of Summons, #7 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; party name on the PDF 'To' section is not a party of record; party name on the 'as to' docket entry text must match exactly as it appears on the pleading caption. 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. (jgo)
|
|
Filing 7
FILING ERROR - SUMMONS REQUEST 'As To' AND PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Business Advance Team, re: #1 Complaint,. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey) Modified on 8/30/2021 (jgo).
|
|
Filing 6
FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to 24 Capital LLC, re: #1 Complaint,. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey) Modified on 8/30/2021 (jgo).
|
|
Filing 5
FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Newco Captal LLC, re: #1 Complaint,. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey) Modified on 8/30/2021 (jgo).
|
|
Filing 4
NOTICE OF APPEARANCE by Tara Lynn Trifon on behalf of HSCM Bermuda Fund, Ltd...(Trifon, Tara)
|
|
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Casey Brian Howard. The following case opening statistical information was erroneously selected/entered: Dollar Demand $189,000,000,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of U.S.. (sj)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Casey Brian Howard. The party information for the following party/parties has been modified: Business Advance Team LLC. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly. (sj)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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)
|
|
Case Designated ECF. (sj)
|
|
Magistrate Judge Sarah Netburn 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)
|
|
Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HSCM Bermuda Fund, Ltd...(Howard, Casey)
|
|
Filing 2
CIVIL COVER SHEET filed..(Howard, Casey)
|
|
Filing 1
COMPLAINT against 24 Capital, LLC, Business Advance Team LLC, d/b/a Everyday Capital, Newco Capital Group VI LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24940768)Document filed by HSCM Bermuda Fund, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Howard, Casey)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
