AirTourist Holdings, LLC et al v. Citibank, N.A.
| AirTourist Holdings, LLC, Jason Chen and Edgar Park |
| Citibank, N.A. and Charles Mobus |
| 1:2021cv07875 |
| September 21, 2021 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on June 3, 2022. A more recent docket listing may be available from PACER.
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Filing 19
NOTICE OF APPEARANCE by Alec P. Ostrow on behalf of Charles Mobus..(Ostrow, Alec)
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Filing 18
REPLY MEMORANDUM OF LAW in Support re: #12 Order to Show Cause,,,,,,, #9 Proposed Order to Show Cause With Emergency Relief, . Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David)
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Filing 17
CERTIFICATE OF SERVICE of Opposition Papers served on David A. Yearwood on November 15, 2021. Document filed by Charles Mobus..(Ostrow, Alec)
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Filing 16
MEMORANDUM OF LAW in Opposition re: #12 Order to Show Cause,,,,,,, #9 Proposed Order to Show Cause With Emergency Relief, #10 Brief . Document filed by Charles Mobus..(Ostrow, Alec)
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Filing 15
DECLARATION of Charles Mobus in Opposition re: #12 Order to Show Cause,,,,,,, #9 Proposed Order to Show Cause With Emergency Relief, #10 Brief. Document filed by Charles Mobus..(Ostrow, Alec)
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Filing 14
CERTIFICATE OF SERVICE of ORDER TO SHOW CAUSE AND APPLICATION FOR TURNOVER OF BANK FUNDS served on Citibank, N.A. on November 9, 2021. Service was made by Mail. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park. (Attachments: #1 Exhibit 1).(Yearwood, David)
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Filing 13
CERTIFICATE OF SERVICE of ORDER TO SHOW CAUSE AND APPLICATION FOR TURNOVER OF BANK FUNDS served on Charles A. Mobus, Jr. on November 9, 2021. Service was made by Mail. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park. (Attachments: #1 Exhibit 1).(Yearwood, David)
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Filing 12
ORDER TO SHOW CAUSE AND APPLICATION FOR TURNOVER OF BANK FUNDS: Respondent Citibank, N.A. ("Citibank" or "Respondent") shall show cause as to why why an Order should not be issued, pursuant to Fed. R. Civ. P. 65 and N.Y. CPLR 5222, to immediately turn over to Petitioners all funds in any account in the name of Charles Mobus ("Mobus") currently located at, being held by, or coming into Citibank's possession (the "Mobus Funds"). AND IT APPEARING TO THE COURT that Petitioners face the imminent risk of irreparable harm because any transfer of the Mobus Funds will cause Petitioners to be unable to secure them while its application for turnover is pending before this Court, and, upon SUFFICIENT CAUSE having been shown, it is hereby further ORDERED that service of a copy of this Order and the papers upon which it is based on Respondent by certified mail return receipt to be filed, on or before 12:00 p.m. the 10th day of November, 2021, shall be deemed good and sufficient service; and it is further ORDERED that service of a copy of this Order and the papers upon which it is based on Charles Mobus by certified mail return receipt to be filed, on or before 7:00 p.m. the 9th day of November, 2021, shall be deemed good and sufficient service; and it is further ORDERED that opposition papers, if any, shall be served by email on counsel for Petitioner at david.yearwood@arentfox.com on or before 5:00 pm on November 15, 2021 and that any reply affidavits, declarations, memoranda of law, or other materials shall be filed with the Court and shall be served on or before 4:00 p.m. on November 16, 2021. Show Cause Hearing set for 11/17/2021 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 11/9/2021) (mml)
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Filing 11
SCHEDULING ORDER: On November 8, 2021 Plaintiff filed a proposed order to show cause and application for turnover of bank funds. The parties are hereby ordered to appear to address the proposed order today, November 9, 2021, at 2:30 p.m. at 500 Pearl Street, Courtroom 14D, New York, NY 10007. As soon as possible, the parties shall contact Chambers by phone at (202) 805-0152 to confirm their attendance. The parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Status Conference set for 11/9/2021 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/9/21) (yv)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #9 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (dt)
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Filing 10
BRIEF re: #9 Proposed Order to Show Cause With Emergency Relief, . Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David)
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Filing 9
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park. (Attachments: #1 Declaration of David A. Yearwood, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7) Related Document Number: #3 ..(Yearwood, David) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 8
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-07914. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David)
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Filing 7
AFFIDAVIT OF SERVICE of Amended Petition for Turnover Order; Summons; Civil Cover Sheet served on Citibank, N.A. on September 24, 2020. Service was accepted by Laura Kolker, Legal Support Specialist. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Citibank, N.A...(pc)
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Filing 5
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-mc-00547. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David)
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Filing 4
CIVIL COVER SHEET filed. (Attachments: #1 Related Case Statement).(Yearwood, David)
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Filing 3
AMENDED PETITION amending #1 Petition (Other), against Citibank, N.A..Document filed by AirTourist Holdings, LLC, Edgar Park, Jason Chen. Related document: #1 Petition (Other),. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Yearwood, David)
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***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney David Alan Yearwood. Civil Case Opening Fee of Due: for #1 Petition (Other),. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 9/27/2021..(pc)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney David Alan Yearwood. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
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Civil Case Opening Fee Payment: for #1 Petition (Other),. Filing fee $ 402.00, receipt number ANYSDC-25095106..(Yearwood, David)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Alan Yearwood. The party information for the following party/parties has been modified: AirTourist Holdings, LLC, Edgar Park, Jason Chen. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney David Alan Yearwood to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): the wrong event type was used to file the related case statement;. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (pc)
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Case Designated ECF. (pc)
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Magistrate Judge Barbara C. Moses 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. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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..(pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Alan Yearwood. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to Citibank, N.A., re: #1 Petition (Other),. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David)
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Filing 1
PETITION FOR TURNOVER ORDER PURSUANT TO FED. R. CIV. P 69 AND N.Y. C.P.L.R. 5225(b) AND 5227. (Filing Fee $ 402.00).Document filed by AirTourist Holdings, LLC, Edgar Park, Jason Chen. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D).(Yearwood, David)
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