Seagrape Investors LLC v. Tuzman et al
| Seagrape Investors LLC |
| Kaleil Isaza Tuzman, Michael Singer, The Singer Family Trust, Innocreative Capital LLC, KIT Capital (Nevis) LLC, Obra Pia Ltd., Obra Pia (US) Feeder, LP, Obra Pia Management, GP, Ltd., Obra Pia Ltd., Surcusal Colombia and The Singer 1995 Family Trust |
| 1:2021cv07517 |
| September 8, 2021 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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| Filing 31 LETTER MOTION for Conference addressed to Magistrate Judge Sarah Netburn from John Giardino dated November 5, 2021. Document filed by Innocreative Capital LLC, KIT Capital (Nevis) LLC, Obra Pia (US) Feeder, LP, Obra Pia Ltd., Obra Pia Ltd., Surcusal Colombia, Obra Pia Management, GP, Ltd., Michael Singer, The Singer 1995 Family Trust, Kaleil Isaza Tuzman. (Attachments: #1 Exhibit Rule 11 Letter, #2 Exhibit Second BVI Statutory Demand, #3 Exhibit May 2019 BVI Judgment).(Giardino, John) |
Filing 30
STIPULATION TO ACCEPT SERVICE AND EXTEND TIME TO ANSWER COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between undersigned counsel, pursuant to Federal Rule of Civil Procedure 6(b ), Local Rule 6.1, and Judge Paul A. Engelmayer's Individual Practices Rule I(E) that: 1. As counsel for Defendants, Michelman & Robinson, LLP, hereby accepts service of the Complaint in this action on behalf of Defendants and Defendants waive any rights or arguments they may have due to improper service. 2. Counsel for the parties hereby stipulate and agree that Defendants shall have until November 12, 2021 to answer or otherwise move against the Complaint, unless such time is further extended by written stipulation. (As further set forth herein.) The extension is granted as to all defendants. SO ORDERED. Innocreative Capital LLC answer due 11/12/2021; KIT Capital (Nevis) LLC answer due 11/12/2021; Obra Pia (US) Feeder, LP answer due 11/12/2021; Obra Pia Ltd. answer due 11/12/2021; Obra Pia Ltd., Surcusal Colombia answer due 11/12/2021; Obra Pia Management, GP, Ltd. answer due 11/12/2021; Michael Singer answer due 11/12/2021; The Singer 1995 Family Trust answer due 11/12/2021; Kaleil Isaza Tuzman answer due 11/12/2021. Motions terminated: #29 MOTION for Extension of Time to File Answer re: #1 Complaint,, . filed by The Singer 1995 Family Trust, Obra Pia Management, GP, Ltd., Obra Pia Ltd., Surcusal Colombia, Innocreative Capital LLC, Michael Singer, Obra Pia Ltd., KIT Capital (Nevis) LLC, Kaleil Isaza Tuzman, Obra Pia (US) Feeder, LP. (Signed by Judge Paul A. Engelmayer on 10/18/2021) (va)
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| Filing 29 MOTION for Extension of Time to File Answer re: #1 Complaint,, . Document filed by Innocreative Capital LLC, KIT Capital (Nevis) LLC, Obra Pia (US) Feeder, LP, Obra Pia Ltd., Obra Pia Ltd., Surcusal Colombia, Obra Pia Management, GP, Ltd., Michael Singer, The Singer 1995 Family Trust, Kaleil Isaza Tuzman..(Haley, Brooke) |
| Filing 28 NOTICE OF APPEARANCE by Brooke Katherine Haley on behalf of Innocreative Capital LLC, KIT Capital (Nevis) LLC, Obra Pia (US) Feeder, LP, Obra Pia Ltd., Obra Pia Ltd., Surcusal Colombia, Obra Pia Management, GP, Ltd., Michael Singer, The Singer 1995 Family Trust, Kaleil Isaza Tuzman..(Haley, Brooke) |
| Filing 27 NOTICE OF APPEARANCE by John Giardino on behalf of Innocreative Capital LLC, KIT Capital (Nevis) LLC, Obra Pia (US) Feeder, LP, Obra Pia Ltd., Obra Pia Ltd., Surcusal Colombia, Obra Pia Management, GP, Ltd., Michael Singer, The Singer 1995 Family Trust, Kaleil Isaza Tuzman..(Giardino, John) |
| Filing 26 AFFIDAVIT OF SERVICE. Innocreative Capital LLC served on 9/24/2021, answer due 10/15/2021; Michael Singer served on 9/24/2021, answer due 10/15/2021; The Singer 1995 Family Trust served on 9/24/2021, answer due 10/15/2021. Service was accepted by Michael Singer. Document filed by Seagrape Investors LLC..(Press, Matthew) |
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Filing 25
ORDER: This Court's order of October 8, 2021, Dkt. 24, was issued in error and is hereby withdrawn. The Court regrets any confusion this may have caused. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/11/2021) (va)
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Filing 24
ORDER TO SHOW CAUSE: On September 8, 2021, plaintiff filed the complaint in the above-captioned case. Dkt. I. On September 9, 2021, plaintiff served defendants with process, making defendant's deadline to answer or otherwise respond September 30, 2021. See Dkts. 15-23. None of the defendants have responded to the complaint or otherwise appeared in this action. Plaintiff, however, has not obtained a certificate of default from the Clerk of Court or filed a motion for default judgment against defendants, and no progress has otherwise been made in this case. Accordingly, it is hereby ORDERED that plaintiff shall show cause by October 15, 2021 why the above-captioned action should not be dismissed for failure to prosecute, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Plaintiff may show cause by properly submitting a motion for default judgment, pursuant to the Court's Individual Rules, which requires obtaining a certificate of default issued by the Clerk of Court prior to filing a motion for default judgment. Failure to submit a timely and proper motion for default judgment will result in dismissal without prejudice of this case under Rule 41. (Motions due by 10/15/2021.) (Signed by Judge Paul A. Engelmayer on 10/8/2021) (tg)
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| Filing 23 ELECTRONIC SUMMONS ISSUED as to Obra Pia Management, GP, Ltd. (vf) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Obra Pia (US) Feeder, LP. (vf) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Obra Pia Ltd.. (vf) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to KIT Capital (Nevis) LLC. (vf) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Obra Pia Ltd., Surcusal Colombia. (vf) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Innocreative Capital LLC. (vf) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to The Singer 1995 Family Trust. (vf) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Michael Singer. (vf) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Kaleil Isaza Tuzman. (vf) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to OBRA PIA MANAGEMENT, GP, LTD, re: #1 Complaint,,. Document filed by Seagrape Investors LLC..(Press, Matthew) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Obra Pia (US) Feeder, L.P., re: #1 Complaint,,. Document filed by Seagrape Investors LLC..(Press, Matthew) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Obra Pia, Ltd., re: #1 Complaint,,. Document filed by Seagrape Investors LLC..(Press, Matthew) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to KIT Capital (Nevis) LLC, re: #1 Complaint,,. Document filed by Seagrape Investors LLC..(Press, Matthew) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Obra Pia Ltd. Surcusal Colombia, re: #1 Complaint,,. Document filed by Seagrape Investors LLC..(Press, Matthew) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Innocreative Capital LLC, re: #1 Complaint,,. Document filed by Seagrape Investors LLC..(Press, Matthew) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to The Singer 1995 Family Trust, re: #1 Complaint,,. Document filed by Seagrape Investors LLC..(Press, Matthew) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Singer, re: #1 Complaint,,. Document filed by Seagrape Investors LLC..(Press, Matthew) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Kaleil Isaza Tuzman, re: #1 Complaint,,. Document filed by Seagrape Investors LLC..(Press, Matthew) |
| Filing 5 CIVIL COVER SHEET filed..(Press, Matthew) |
| 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. (vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew J. Press. The party information for the following party/parties has been modified: The Singer Family Trust. The information for the party/parties has been modified for the following reason/reasons: party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew J. Press. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 150 (Contract: Recovery/Enforcement); Citizenship Plaintiff code 2 (Citizen of Another State); Dollar Demand 11,000,000,000; County code New York. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 190 (Contract: Other); the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to 9,999,000; the County code has been modified to XX Out of State. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Matthew J. Press to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit Error, Multiple Nature of Suits selected on form. Place an [X] in one box only; and the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(vf) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-07840. Document filed by Seagrape Investors LLC..(Press, Matthew) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Seagrape Investors LLC..(Press, Matthew) |
| Filing 2 FILING ERROR - DEFICIENT CIVIL COVER SHEET - CIVIL COVER SHEET filed.(Press, Matthew) Modified on 9/9/2021 (vf). |
| Filing 1 COMPLAINT against Innocreative Capital LLC, KIT Capital (Nevis) LLC, Obra Pia (US) Feeder, LP, Obra Pia Ltd., Obra Pia Ltd., Surcusal Colombia, Obra Pia Management, GP, Ltd., Michael Singer, The Singer 1995 Family Trust, Kaleil Isaza Tuzman. (Filing Fee $ 402.00, Receipt Number ANYSDC-25035070)Document filed by Seagrape Investors LLC. (Attachments: #1 Exhibit Loan Agreement, #2 Exhibit Investment Agreement, #3 Exhibit Addendum to Investment Agreement, #4 Exhibit Credit Security Acknowledgment, #5 Exhibit Subordination Agreement).(Press, Matthew) |
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