Crestmark v. Teleescrow, Inc.
| CRESTMARK, a division of METABANK, NATIONAL ASSOCIATION and Crestmark |
| TELEESCROW, INC. |
| 1:2022cv00385 |
| January 14, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on July 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 42 MEMORANDUM OF LAW in Support re: #40 MOTION for Judgment /Plaintiff's Unopposed Motion to Enter Defendant's Confession of Judgment. . Document filed by Crestmark..(Cesare, Christine) |
| Filing 41 DECLARATION of Christine B. Cesare in Support re: #40 MOTION for Judgment /Plaintiff's Unopposed Motion to Enter Defendant's Confession of Judgment.. Document filed by Crestmark. (Attachments: #1 Exhibit A - Confession of Judgment).(Cesare, Christine) |
| Filing 40 MOTION for Judgment /Plaintiff's Unopposed Motion to Enter Defendant's Confession of Judgment. Document filed by Crestmark..(Cesare, Christine) |
Filing 39
ORDER: It is hereby ORDERED that by March 16, 2022, Defendant shall answer or otherwise respond to the complaint. No further extensions will be granted absent extraordinary circumstances. Failure to answer or other respond may result in entry of a default judgment against Defendant. Teleescrow, Inc. answer due 3/16/2022. (Signed by Judge Lorna G. Schofield on 3/14/2022) (mml)
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| Filing 38 LETTER addressed to Judge Lorna G. Schofield from Lucas Markowitz, Esq. dated February 23, 2022 re: Crestmark, a division of MetaBank, N.A. v. Teleescrow, Inc.,. Document filed by Teleescrow, Inc.. (Attachments: #1 Docket No. 37. STIPULATION AND ORDER).(Markowitz, Lucas) |
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Filing 37
STIPULATION AND ORDER: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT:Unless otherwise directed by the Court, Teleescrow will be required to do the following: Answer Cretmark's complaint, on or before March 11, 2022. Application GRANTED. By March 11, 2022, Defendant shall answer or otherwise respond to the complaint. By February 25, 2022, Defendant shall file the February 23, 2022, cover letter emailed to the Court with this stipulation. The parties are reminded that all communication with the Court shall comply with Individual Rule I.B.1.Teleescrow, Inc. answer due 3/11/2022. (Signed by Judge Lorna G. Schofield on 2/24/2022) (ama)
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| Filing 36 PROPOSED STIPULATION AND ORDER. Document filed by Teleescrow, Inc...(Markowitz, Lucas) |
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Filing 35
STIPULATION AND ORDER: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT: 1. Unless otherwise agreed to by the Parties through their respective counsel, Teleescrow will be required to do the following: a) Answer Crestmark's complaint, on or before February 25, 2022; b) Produce Teleescrow's Chief Executive Officer, Eillien Cabrera, at 10:00am for a deposition at the offices of Bryan Cave Leighton Paisner LLP, located 1290 Avenue of the Americas, New York, NY 10104 (or in a remote manner, as the Parties may so agree), on February 25, 2022. Application GRANTED. By February 25, 2022, Defendant shall answer or otherwise respond to the complaint. The parties are advised that the application is untimely and any future requests shall be submitted two business days in advance of the deadline sought to be extended. Teleescrow, Inc. answer due 2/25/2022. (Signed by Judge Lorna G. Schofield on 2/22/2022) (mml)
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| Filing 34 PROPOSED STIPULATION AND ORDER. Document filed by Teleescrow, Inc...(Markowitz, Lucas) |
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Filing 33
ORDER: It is hereby ORDERED that by February 18, 2022, Defendant shall answer or otherwise respond to the complaint. Teleescrow, Inc. answer due 2/18/2022. (Signed by Judge Lorna G. Schofield on 2/17/2022) (ate)
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Filing 32
STIPULATION AND ORDER: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT: 1. Unless otherwise agreed to by the Parties through their respective counsel, Teleescrow will be required to do the following: a) Answer Crestmark's complaint, on or before February 16, 2022; b) Provide the name(s) of every bank, financial institution, or financial services company that holds any funds on behalf of Teleescrow to Crestmark's counsel, on or before February 16, 2022, via email, to cbcesare@bclplaw.com; c) Produce the documents set forth in Paragraph 27 of the Declaration of Christine B. Cesare (see Dkt. No 27), on or before February 16, 2022; and, d) Produce Teleescrow's Chief Executive Officer, Eillien Cabrera, at 10:00am for a deposition at the offices of Bryan Cave Leighton Paisner LLP, located 1290 Avenue of the Americas, New York, NY 10104 (or in a remote manner, as the Parties may so agree), on February 22, 2022. Teleescrow, Inc. answer due 2/16/2022. (Signed by Judge Lorna G. Schofield on 2/9/2022) (mml)
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| Filing 31 PROPOSED STIPULATION AND ORDER. Document filed by Crestmark..(Cesare, Christine) |
| Filing 30 STATUS REPORT. Document filed by Crestmark. (Attachments: #1 2-7-2022 Cabrera Email, #2 Email from BMO).(Cesare, Christine) |
| Filing 29 NOTICE OF APPEARANCE by Lucas Andrew Markowitz on behalf of Teleescrow, Inc...(Markowitz, Lucas) |
| Filing 28 ENDORSED LETTER addressed to Judge Lorna G. Schofield and Christine Cesare from Ryan M. Clancy dated 2/4/2022 re: I respectfully request that pending Mr. Minskys report back that the hearing be continued until Tuesday. ENDORSEMENT: The application for a continuance was made orally at the conference held at 3:00 PM today. For the reasons stated on the record by the Court and Plaintiff's counsel, the application is DENIED. By February 8, 2022, Mr. Minsky and Mr. Clancy shall file notices of appearance and any pro hac vice applications. The parties also shall review and comply with the Court's Individual Rules regarding communications with Chambers. (Motions due by 2/8/2022.) (Signed by Judge Lorna G. Schofield on 2/4/2022) (mml) |
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Filing 27
ORDER GRANTING PLAINTIFF'S EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY: It is hereby ORDERED that Plaintiff's Application, pursuant to Rule 26 of the FRCP, is granted and the following categories of documents, set forth in Paragraph 27 of the Cesare Declaration, are to be produced by Teleescrow, Inc. ("Teleescrow") by Tuesday, February 8, 2022. ORDERED that Plaintiff may seek discovery from third parties, also as set forth in Paragraph 27 of the Cesare Declaration. ORDERED that by Saturday, February 5, 2022, at 3:15 p.m., Defendant shall provide the name(s) of every bank, financial institution, or financial services company that hold any funds on behalf of Teleescrow to Plaintiff's counsel, and email that information to Plaintiff's counsel at the following email address: cbcesare@bclplaw.com. (Signed by Judge Lorna G. Schofield on 2/4/2022) (jca)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #26 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 26 PROPOSED ORDER. Document filed by Crestmark. Related Document Number: #22 ..(Cesare, Christine) Proposed Order to be reviewed by Clerk's Office staff. |
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Filing 25
ORDER TO SHOW CAUSE ON PLAINTIFF'S EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY: UPON the annexed Declaration of Christine B. Cesare, Esq. executed on February 3, 2022, together with the exhibits, with good and sufficient cause appearing, it is hereby: ORDERED that Defendant show cause before this Court why an order should not be issued pursuant to Rule 26 of the Federal Rules of Civil Procedure permitting Crestmark to seek discovery on an expedited basis from: Teleescrow, Inc.; Silver Birch Systems, LLC; AmeriFactors Financial Group, LLC; Metropolitan Commercial Bank; the Bank of Montreal; and, such other financial institutions or other parties as may be necessary; and it is further, ORDERED that the above-named Defendant appear for argument on this emergency application, to be conducted telephonically, on February 4, 2022, at 3:00 p.m. via the following conference line: 888-363-4749, access code: 558-3333, and it is further, ORDERED that Defendant shall file opposition papers, if any, by February 4, 2022, at noon. (Show Cause Response due by 2/4/2022. Telephone Conference set for 2/4/2022 at 03:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 2/3/2022) (mml)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #22 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt) |
| Filing 24 MEMORANDUM OF LAW in Support re: #22 Proposed Order to Show Cause With Emergency Relief /Memorandum of Law in Support of Plaintiff's Emergency Application for Expedited Discovery. Document filed by Crestmark..(Cesare, Christine) |
| Filing 23 DECLARATION of Christine B. Cesare in Support re: #22 Proposed Order to Show Cause With Emergency Relief. Document filed by Crestmark. (Attachments: #1 Exhibit A - Teleescrow Chronology, #2 Exhibit B - Email to Teleescrow, #3 Exhibit C - Teleescrow Silver Birch Litigation, #4 Exhibit D - FedEx Document, #5 Exhibit E - 1-20 Offer Letter, #6 Exhibit F - Cabrera Email, #7 Exhibit G - 1-30 Offer Letter, #8 Exhibit H - Teleescrow Agreement, #9 Exhibit I - Cabrera Email, #10 Exhibit J - Metropolitan Comm Bank Letter, #11 Exhibit K - BMO Financial Group Letter).(Cesare, Christine) |
| Filing 22 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Crestmark..(Cesare, Christine) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
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Filing 21
ORDER: The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. Initial Conference set for 3/30/2022 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/31/2022) (tg)
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| Transmission to Finance Unit (Cashiers). Transmitted re: #20 Order,,,, to the Finance Unit (Cashiers) for case processing..(tg) |
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Filing 20
ORDER GRANTING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION: NOW, THEREFORE, IT IS HEREBY ORDERED that, pursuant to FRCP 65(a), Defendant is hereby RESTRAINED and ENJOINED during the pendency of this action from accessing, or otherwise moving, interfering, or dissipating the Funds which Defendant has identified as being held in Account No. 175306588, totaling $5,018,781.41, and is otherwise RESTRAINED and ENJOINED from taking actions with respect to Plaintiff's Funds that Defendant maintains at Metropolitan Commercial Bank, The Bank of Montreal, or any other banking institution that has the effect of accessing, moving, interfering, or dissipating such Funds. (Signed by Judge Lorna G. Schofield on 1/26/2022) (tg)
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Filing 19
ORDER: WHEREAS, a hearing was held on January 26, 2022, at 3:00 p.m., to discuss Plaintiff's motion for a preliminary injunction. It is hereby ORDERED that, for the reasons discussed at the conference, by February 7, 2022, the parties shall file a joint letter apprising the Court of the status of the action and proposing any next steps. (Signed by Judge Lorna G. Schofield on 1/26/2022) (vfr)
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| Filing 18 LETTER addressed to Judge Lorna G. Schofield from Christine Cesare dated 1/26/2022 re: Proposed Order. Document filed by Crestmark. (Attachments: #1 Email Correspondence).(Cesare, Christine) |
| Filing 17 PROPOSED ORDER. Document filed by Crestmark. Related Document Number: [Granting Plaintiff's Motion for a Preliminary Injuction]..(Cesare, Christine) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Crestmark. (Attachments: #1 Letter to Hon. Schofield Regarding Proposed Order, #2 Email Correspondence) Related Document Number: [Granting Plaintiff's Motion for a Preliminary Injunction]..(Cesare, Christine) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/26/2022 (km). |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 1/26/2022. (Court Reporter Present) (jcs) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Christine Cesare to RE-FILE Document No. #16 Proposed Order. The filing is deficient for the following reason(s): The Order and the letter need to be filed separately. Re-file the Order using the event type Proposed Order found under the event list Proposed Orders. The letter is filed under Other Filings, Other Documents, Letter. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #17 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 15 AFFIDAVIT OF SERVICE of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction served on Teleescrow, Inc. on January 18, 2022. Service was made by FedEx and Email as per Court Order *Corrected Filing to ECF No. 13*. Document filed by Crestmark..(Cesare, Christine) |
| Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Teleescrow, Inc. served on 1/18/2022, answer due 2/8/2022. Service was made by FedEx and Email per Court Order. Document filed by Crestmark..(Cesare, Christine) |
| Filing 13 AFFIDAVIT OF SERVICE of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction served on Teleescrow, Inc. on January 18, 2022. Service was made by Mail. Document filed by Crestmark..(Cesare, Christine) |
| Filing 12 UNDERTAKING ON TEMPORARY RESTRAINING ORDER BOND, BOND #3495360 in the amount of $5,000.00 posted by Plaintiff.(km) |
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Filing 11
ORDER TO SHOW CAUSE ON APPLICATION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: ORDERED that, sufficient reason having been shown by Plaintiff, pending the hearing on Plaintiffs application for a preliminary injunction and pursuant to FED. R. CIV. P. 65(b), Plaintiff is granted a temporary restraining order enjoining Defendant from accessing, or otherwise moving, interfering or dissipating, the funds which Teleescrow, Inc. ("Teleescrow") has identified as being held in Account No. 175306588, totaling $5,018,781.41, which Plaintiff has shown are likely earmarked for, and due and owing to Plaintiff; and it is further, ORDERED that the above named Defendant appear for an oral argument on the application, to be conducted telephonically, on January 26, 2022 at 3:00 p.m. via the following conference line: 888-363-4749, access code: 5583333, and show cause before this Court why an Order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the defendant during the pendency of this action from: accessing, or otherwise moving, interfering or dissipating, the funds which Teleescrow has identified as being held in Account No. 175306588, totaling $5,018,781.41; and it is further; ORDERED that security in the amount of $5,000.00 is to be posted by the Plaintiff on January 19, 2022, by 5:00 p.m.; and it is further, ORDERED that service of a copy of this Order, together with the underlying papers upon which it was granted, shall be made on Defendant by hand delivery or prepaid express overnight delivery to Defendant's business address at 191 Main Street, Hackensack, New Jersey 07601, for delivery on January 19, 2022, and by email on January 18, 2022 to Eillien Cabrera, CEO of Teleescrow, Inc. at the following email address: e.cabrera@teleescrow.com; and it is further, ORDERED that Defendant shall file opposition papers, if any, by Monday, January 24, 2022. (Show Cause Response due by 1/24/2022. Telephone Conference set for 1/26/2022 at 03:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 1/18/2022) (mml)
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Filing 10
ORDER: It is hereby ORDERED that Plaintiff shall appear for oral argument on the motion on January 18, 2022, at 4:00 p.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. Telephone Conference set for 1/18/2022 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/18/2022) (mml)
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to Teleescrow, Inc...(gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(gp) |
| Magistrate Judge Ona T. Wang 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. (gp) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christine B. Cesare. The party information for the following party/parties has been modified: CRESTMARK, a division of METABANK, NATIONAL ASSOCIATION and TELEESCROW, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (gp) |
| Case Designated ECF. (gp) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (dt) |
| Filing 8 MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause With Emergency Relief, . Document filed by CRESTMARK, a division of METABANK, NATIONAL ASSOCIATION..(Cesare, Christine) |
| Filing 7 DECLARATION of Scott Keusch re: #6 Proposed Order to Show Cause With Emergency Relief, . Document filed by CRESTMARK, a division of METABANK, NATIONAL ASSOCIATION. (Attachments: #1 Exhibit A Teleescrow Agreement, #2 Exhibit B Teleeescrow Letter Dated 12/17/2021, #3 Exhibit C Loan Documents, #4 Exhibit D Letter Dated 12/27/2021, #5 Exhibit E Teleescrow Email, #6 Exhibit F Teleescrow Letter Dated 01/06/2022, #7 Exhibit G BCLP Letter Dated 01/11/2022, #8 Exhibit H Email Dated 01/12/2022, #9 Exhibit I Email Dated 01/13/2022, #10 Exhibit J Screenshot From Teleescrow Portal).(Cesare, Christine) |
| Filing 6 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by CRESTMARK, a division of METABANK, NATIONAL ASSOCIATION..(Cesare, Christine) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Meta Financial Group, Inc., Other Affiliate Metabank for CRESTMARK, a division of METABANK, NATIONAL ASSOCIATION. Document filed by CRESTMARK, a division of METABANK, NATIONAL ASSOCIATION..(Cesare, Christine) |
| Filing 4 COMPLAINT against TELEESCROW, INC.. Document filed by CRESTMARK, a division of METABANK, NATIONAL ASSOCIATION. (Attachments: #1 Exhibit A Agreement, #2 Exhibit B Teleeescrow Letter Dated 09/21/2021, #3 Exhibit C Letter Dated 12/27/2021, #4 Exhibit D Teleescrow Email Dated 12/30/2021, #5 Exhibit E Letter Dated 01/06/2022, #6 Exhibit F BCLP Letter Dated 01/11/2022, #7 Exhibit G Teleescrow Email Dated 01/12/2022).(Cesare, Christine) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to TELEESCROW, INC., re: #1 Complaint. Document filed by CRESTMARK, a division of METABANK, NATIONAL ASSOCIATION..(Cesare, Christine) |
| Filing 2 CIVIL COVER SHEET filed..(Cesare, Christine) |
| Filing 1 COMPLAINT against TELEESCROW, INC.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25591398)Document filed by CRESTMARK, a division of METABANK, NATIONAL ASSOCIATION..(Cesare, Christine) |
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