Jacoby Donner, P.C. v. Aristone Realty Capital, LLC
| 1:2021mc00784 |
| April 4, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Other |
| M 18-302 Registration of Foreign Judgment |
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Filing
30
ORDER: The parties are directed to appear, by phone, for a conference on July 14, 2022, at 10:00 a.m. Dial-in: (888) 363-4749, with access code 8140049. SO ORDERED. (Signed by Judge John G. Koeltl on 7/12/2022) ( Telephone Conference set for 7/14/2022 at 10:00 AM before Judge John G. Koeltl.) (ks)
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Filing
17
ORDER CHARGING MEMBERSHIP INTEREST OF JUDGMENT DEBTOR ARISTONE REAL TY CAPITAL LLC IN AID OF ENFORCEMENT OF CONSENT JUDGMENT: It is hereby ORDERED that Plaintiffs' Motion is GRANTED. IT IS FURTHER ORDERED that: 1. The Court finds that the amou nt of the Consent Judgment of $750,000 plus interest accruing at a rate of 6% per annum ( or $125 per day) from March 23, 2021 remains outstanding; 2. Defendant Ari stone Realty Capital, LLC's interest in Castlestone Mansfield Inn, LLC is hereby charged with payment of the unsatisfied amount of the Consent Judgment plus post judgment interest until satisfied in full; 3. Defendant Aristone Realty Capital, LLC's interest in Mansfield Loan Acquisition, LLC is hereby charged with payment of the unsatisfied amount of the Consent Judgment plus post judgment interest until satisfied in full; 4. Any distributions, returns of contributions, or outstanding obligations to which Aristone Realty Capital, LLC is en titled via its membership interest in Castlestone Mansfield Inn, LLC, including but not limited to proceeds from the sale of 1007 Mountain Rd, Stowe, VT 05672, shall be paid directly to Jacoby Donner, P.C.; 5. Any distributions, returns of contribut ions, or outstanding obligations to which Aristone Realty Capital, LLC is entitled via its membership interest in Mansfield Loan Acquisition, LLC, including but not limited to proceeds from the repayment of any loan relating to 1007 Mountain Rd, Stow e, VT 05672, shall be paid directly to Jacoby Donner, P.C.; and 6. Violation of this order may result in a finding of contempt and the imposition of sanctions. (Signed by Judge John G. Koeltl on 5/9/2022) (ks) Transmission to Finance Unit (Cashiers) for processing.
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Filing
13
ORDER granting in part and denying in part 2 Motion re: 2 MOTION for Order Charging Membership Interests of Judgment Debtor in Aid of Enforcement of Consent Judgment . For the reasons explained at today's conference, the plaintiff's motion for a preliminary injunction is denied. The plaintiff's motion for a charging order pursuant to N.Y. Ltd. Liab. Co. Law§ 607 is granted with respect to the defendant's interests in Castlestone Mansfield Inn , LLC and Mansfield Loan Acquisitions, LLC, and is denied without prejudice with respect to the defendant's interest in Castlestone Holding Company, LLC. The plaintiff should submit a proposed charging order by May 4, 2022. The defendant may respond by May 6, 2022. The Clerk is directed to close ECF No. 2. SO ORDERED.. (Signed by Judge John G. Koeltl on 4/27/2022) (ks)
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Filing
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ORDER: The parties are directed to appear, by phone, for oral argument regarding the outstanding motions on April 27, 2022, at 3:30 p.m. Dial-in: (888) 363-4749, with access code 8140049. SO ORDERED. (Signed by Judge John G. Koeltl on 4/22/2022) (ks) Modified on 4/22/2022 (ks).
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Filing
5
ORDER: For the reasons explained at today's conference, the plaintiff's application for a temporary restraining order is denied. The defendant should respond to the plaintiff's motion for a preliminary injunction and the plaintiff� 39;s motion for an order charging membership interests by April 14, 2022. The plaintiff may reply by April 19, 2022. Counsel for the plaintiff should serve defense counsel with a copy of this Order. Defense counsel should file an appearance on ECF and file a motion to appear pro hac vice. SO ORDERED. (Signed by Judge John G. Koeltl on 4/4/2022) ( Responses due by 4/14/2022, Replies due by 4/19/2022.) (ks)
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