245 Park Member LLC v. HNA Group (International) Company Limited
| 245 Park Member LLC |
| HNA Group (International) Company Limited |
| 1:2022cv05136 |
| June 17, 2022 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Other Statutes: Arbitration |
| 09 U.S.C. § 202 Award under Convention on Foreign Arbitral Awards |
| None |
Docket Report
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This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
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Filing 45
MEMORANDUM OPINION AND ORDER re: #38 LETTER MOTION to Expedite Re: Lift The Automatic Stay And Set Expedited Briefing Schedule addressed to Judge John G. Koeltl from Mark P. Ressler dated August 2, 2022, filed by 245 Park Member LLC, #39 LETTER MOTION to Expedite Re: Lift The Automatic Stay And Set Expedited Briefing Schedule (Corrected) addressed to Judge John G. Koeltl from Mark P. Ressler dated August 2, 2022, filed by 245 Park Member LLC. Accordingly, the petitioner's motion to lift the automatic stay is granted in part and denied in part. The petitioner's motion is granted only insofar as the petitioner is permitted immediately to take discovery in aid of executing the judgment. The motion is denied in all other respects. The Clerk is directed to close Docket Nos. 38 and 39. SO ORDERED. (Signed by Judge John G. Koeltl on 8/8/2022) (va)
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Filing 44
LETTER RESPONSE in Opposition to Motion addressed to Judge John G. Koeltl from Aaron T. Wolfson dated August 5, 2022 re: #38 LETTER MOTION to Expedite Re: Lift The Automatic Stay And Set Expedited Briefing Schedule addressed to Judge John G. Koeltl from Mark P. Ressler dated August 2, 2022., #39 LETTER MOTION to Expedite Re: Lift The Automatic Stay And Set Expedited Briefing Schedule (Corrected) addressed to Judge John G. Koeltl from Mark P. Ressler dated August 2, 2022. . Document filed by HNA Group (International) Company Limited..(Wolfson, Aaron)
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Filing 43
ORDER granting #42 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge John G. Koeltl on 8/3/2022) (ks)
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Set/Reset Deadlines: Responses due by 8/5/2022 (ks)
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Filing 42
LETTER MOTION for Extension of Time / modify briefing schedule re: Petitioners Motion to Lift Automatic Stay (ECF No. 38) addressed to Judge John G. Koeltl from Mark P. Ressler dated August 3, 2022. Document filed by 245 Park Member LLC..(Ressler, Mark)
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Filing 41
ORDER with respect to #38 LETTER MOTION to Expedite Re: Lift The Automatic Stay And Set Expedited Briefing Schedule. Respondent's opposition to the application to lift the automatic stay is due 8/4/22. Petitioner's reply is due 8/5/22. SO ORDERED. (Signed by Judge John G. Koeltl on 8/2/2022) (jca)
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Filing 40
ORDER granting #35 Letter Motion to Seal. APPLICATION GRANTED SO ORDERED. (Signed by Judge John G. Koeltl on 8/2/2022) (jca)
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Set/Reset Deadlines: Responses due by 8/4/2022 Replies due by 8/5/2022. (jca)
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Filing 39
LETTER MOTION to Expedite Re: Lift The Automatic Stay And Set Expedited Briefing Schedule (Corrected) addressed to Judge John G. Koeltl from Mark P. Ressler dated August 2, 2022. Document filed by 245 Park Member LLC..(Ressler, Mark)
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Filing 38
LETTER MOTION to Expedite Re: Lift The Automatic Stay And Set Expedited Briefing Schedule addressed to Judge John G. Koeltl from Mark P. Ressler dated August 2, 2022. Document filed by 245 Park Member LLC..(Ressler, Mark)
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Filing 37
***SELECTED PARTIES***REDACTION to #35 LETTER MOTION to Seal addressed to Judge John G. Koeltl from Vincent Filardo, Jr.; Aaron T. Wolfson dated August 1, 2022. CPLR 6219 Garnishee Statement with Proposed Redactions by HNA Group (International) Company Limited, 245 Park Member LLCMotion or Order to File Under Seal: #35 .(Filardo, Vincent)
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Filing 36
REDACTION to #35 LETTER MOTION to Seal addressed to Judge John G. Koeltl from Vincent Filardo, Jr.; Aaron T. Wolfson dated August 1, 2022. Redacted CPLR 6219 Garnishee Statement by HNA Group (International) Company Limited.(Filardo, Vincent)
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Filing 35
LETTER MOTION to Seal addressed to Judge John G. Koeltl from Vincent Filardo, Jr.; Aaron T. Wolfson dated August 1, 2022. Document filed by HNA Group (International) Company Limited. (Attachments: #1 Exhibit Email correspondence with SLGs counsel).(Filardo, Vincent)
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Filing 34
CLERK'S JUDGMENT re: #30 Memorandum & Opinion in favor of 245 Park Member LLC against HNA Group (International) Company Limited. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated July 25, 2022, the Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. The petitioner's petition to confirm the Award is granted and the respondent's motion to vacate the Award is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/27/2022) (Attachments: #1 Right to Appeal) (km)
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Filing 33
UNDERTAKING ON ATTACHMENT BOND, BOND #3495497 in the amount of $25,000.00 posted by 245 Park Member LLC.(km)
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Filing 32
ORDER: It is ORDERED, that Petitioner's application for advance notice by Respondent to Petitioner of the sale or disposition of any assets in which Respondent has a direct or indirect interest GRANTED. Respondent shall provide Petitioner 14 days advance notice of sale of any assets in excess of $1 million in which the Respondent has a direct or in direct interest-including any sale of Palisades Premier Conference Center in Rockland County, New York, located at 334 Rte. 9W, Palisades, NY 10964, Rockland County, New York-by informing Petitioner of(i) the date of the sale, (ii) the parties to the sale, and (iii) the terms of the sale. (Signed by Judge John G. Koeltl on 7/25/2022) (ks)
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Filing 31
ORDER OF ATTACHMENT: Plaintiff, as a result of which it isORDERED, that Petitioner's application for an Order of Attachment is granted, and willbe effective (unless earlier vacated) through the time of the entry of an execution or turnoverorder pursuant to Federal Rule of Civil Procedure ("FRCP") 64 and CPLR Article 52 followingentry of a judgment for Petitioner; and it is further ORDERED, that the amount to be secured by this Order of Attachment is $185,412,763.60; and it is further as further set forth in this ORDER. It is hereby ORDERED, that the Sheriff of the City of New York, or of any county in the State ofNew York, shall attach, at any time before final judgment, all other property of Respondent asevidenced by written instruments, which is located in the State of New York; and it is further set forth. ORDERED, that Petitioner's undertaking is fixed in the sum of $25,000.00 conditioned upon Petitioner paying to Respondent an amount not exceeding $20,000.00 for legal costs and damages which may be sustained by reason of attachment, and up to and not exceeding $5,000.00. As further set forth in this order. by ORDERED. (Signed by Judge John G. Koeltl on 4/25/2022) (ks) Transmission to Finance Unit (Cashiers) for processing.
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Filing 30
MEMORANDUM OPINION AND ORDER re: #21 MOTION to Vacate Notice of Motion for an order (i) denying the Petitioners Verified Petition to Confirm Arbitration Award; (ii) vacating the award dated April 30, 2022 in the arbitration proceeding before the Judicial Arbitration and Mediation S filed by HNA Group (International) Company Limited. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed above, the arguments are either moot or without merit. For the reasons explained above, the petitioners petition to confirm the Award is granted and the respondents motion to vacate the Award is denied. The Clerk is directed to close all pending motions and to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 7/25/2022) (ks) Transmission to Orders and Judgments Clerk for processing.
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Filing 29
MEMORANDUM OPINION AND ORDER: The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed above, the arguments are either moot or without merit. For the reasons explained above, the plaintiff's motion for an order of attachment and an order requiring advance notice of any disposition of the respondent's assets is granted. The Court will enter the petitioner's proposed orders with some modifications. SO ORDERED. (Signed by Judge John G. Koeltl on 7/25/2022) (ks)
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Filing 28
REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Vacate Notice of Motion for an order (i) denying the Petitioners Verified Petition to Confirm Arbitration Award; (ii) vacating the award dated April 30, 2022 in the arbitration proceeding before the Judicial Arbitration and Mediation S . Document filed by HNA Group (International) Company Limited..(Filardo, Vincent)
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Filing 27
DECLARATION of Mark P. Ressler in Support re: #21 MOTION to Vacate Notice of Motion for an order (i) denying the Petitioners Verified Petition to Confirm Arbitration Award; (ii) vacating the award dated April 30, 2022 in the arbitration proceeding before the Judicial Arbitration and Mediation S. Document filed by 245 Park Member LLC. (Attachments: #1 Exhibit A - Sitomer Affidavit, #2 Exhibit B - Ex. 3 to Sitomer Affidavit).(Ressler, Mark)
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Filing 26
REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Vacate Notice of Motion for an order (i) denying the Petitioners Verified Petition to Confirm Arbitration Award; (ii) vacating the award dated April 30, 2022 in the arbitration proceeding before the Judicial Arbitration and Mediation S / Reply Memorandum Of Law In Further Support Of Petitioner's Verified Petition To Confirm Arbitration Award And In Response To Respondent's Memorandum Of Law In Opposition To Petitioner's Confirmation Petition And In Support Of Respondent's Motion To Vacate (Pursuant to Order dated 7/13/2022 Dkt. 25). Document filed by 245 Park Member LLC..(Ressler, Mark)
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Minute Entry for proceedings held before Judge John G. Koeltl: Scheduling Conference held on 7/13/2022, Show Cause Hearing held on 7/13/2022. (Fletcher, Donnie)
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Filing 25
ORDER: For the reasons explained on the record at the conference on June 29, 2022 and at today's conference, the Temporary Restraining Order dated June 29, 2022, ECF No. 15, is extended through July 25, 2022. The petitioner should submit its reply in support of its petition to confirm the arbitration award, combined with its response to the respondent's motion to vacate, by July 15, 2022. The respondent should submit its reply in support of its motion to vacate by July 20, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 7/13/2022) ( Responses due by 7/15/2022, Replies due by 7/20/2022.) (ks) Modified on 7/14/2022 (ks).
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Filing 24
REPLY MEMORANDUM OF LAW in Support re: #15 Order to Show Cause,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,, / Petitioner 245 Park Member LLC's Reply Memorandum Of Law In Further Support Of Motion By Order To Show Cause For (1) Prejudgment Attachment, And (2) Advance Notice Of Asset Sales Of Respondent HNA Group (International) Company Limited. Document filed by 245 Park Member LLC..(Ressler, Mark)
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Filing 23
DECLARATION of Aaron T. Wolfson in Support re: #21 MOTION to Vacate Notice of Motion for an order (i) denying the Petitioners Verified Petition to Confirm Arbitration Award; (ii) vacating the award dated April 30, 2022 in the arbitration proceeding before the Judicial Arbitration and Mediation S. Document filed by HNA Group (International) Company Limited. (Attachments: #1 Exhibit HNAI Submission, #2 Exhibit Witness Statement K. Tian, #3 Exhibit Witness Statement E. Guo, #4 Exhibit Motion to Reject, #5 Exhibit Motion to Dismiss, #6 Exhibit HNAI Answer, #7 Exhibit Petitioner's Letters, #8 Exhibit Respondent's Letters, #9 Exhibit Decision on Scheduling, #10 Exhibit Arbitrator's Email Order).(Wolfson, Aaron)
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Filing 22
MEMORANDUM OF LAW in Support re: #21 MOTION to Vacate Notice of Motion for an order (i) denying the Petitioners Verified Petition to Confirm Arbitration Award; (ii) vacating the award dated April 30, 2022 in the arbitration proceeding before the Judicial Arbitration and Mediation S Respondent's Opposition to Petitioner's Verified Petition to Confirm Arbitral Award and Memorandum of Law in Support of Respondent's Motion to Vacate Arbitral Award. Document filed by HNA Group (International) Company Limited..(Filardo, Vincent)
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Filing 21
MOTION to Vacate Notice of Motion for an order (i) denying the Petitioners Verified Petition to Confirm Arbitration Award; (ii) vacating the award dated April 30, 2022 in the arbitration proceeding before the Judicial Arbitration and Mediation Services. Document filed by HNA Group (International) Company Limited..(Filardo, Vincent)
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Filing 20
DECLARATION of Eric Lai in Support re: #18 Response to Order to Show Cause. Document filed by HNA Group (International) Company Limited. (Attachments: #1 Exhibit Org Chart, #2 Exhibit MOU and Resolution).(Filardo, Vincent)
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Filing 19
DECLARATION of Aaron T. Wolfson in Support re: #18 Response to Order to Show Cause. Document filed by HNA Group (International) Company Limited. (Attachments: #1 Exhibit Notice of Pendency, #2 Exhibit Judgment by Confession, #3 Exhibit HNAI Submission on the Merits, #4 Exhibit Bloomberg Article).(Filardo, Vincent)
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Filing 18
RESPONSE TO ORDER TO SHOW CAUSE re: #15 Order to Show Cause,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,. Document filed by HNA Group (International) Company Limited..(Filardo, Vincent)
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Filing 17
NOTICE of Order to Show Cause in Support of Motion for Prejudgment Attachment, Temporary Restraining Order, and Advance Notice of Asset Sales Signed by Judge Koeltl on 6/29/2022 re: #15 Order to Show Cause,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,. Document filed by 245 Park Member LLC..(Ressler, Mark)
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Filing 16
UNDERTAKING ON TEMPORARY RESTRAINING ORDER BOND, BOND #3495480 in the amount of $25,000 posted by 245 Park Member LLC.(km)
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Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing held on 6/29/2022. (Fletcher, Donnie)
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Filing 15
ORDER TO SHOW CAUSE IN SUPPORT OF MOTION FOR PREJUDGMENT ATTACHMENT, TEMPORARY RESTRAINING ORDER, AND ADVANCE NOTICE OF ASSET SALES: It is ORDERED, that respondent HNA Group (International) Company Limited ("HNA") shall SHOW CAUSE before this Court, at Room 14A United States Courthouse, 500 Pearl Street, New York, New York, on the 13 day of July, 2022 4:00 p.m. of that day or as soon thereafter as counsel can be heard, why an order should not be issued and entered herein: As further set forth in this order. It is further ORDERED, that pending the hearing of this motion, HNA shall not sell, transfer, convey, gift, pledge, assign, dispose of, or otherwise encumber any assets, or interests in any assets, tangible or intangible, that HNA owns, including without limitation any interests in proceeds from any sale of the Conference Center in the aggregate amount of $1 million, up to the amount of $185,412,763.60; and it is further ordered that HNA provide 14 days advance notice to 245 park of any sale of any property owned by HNA directly or indirectly work an aggregate value of $1 million; and it is further ORDERED, that this temporary restraining order shall be effective upon filing and continue in effect provided that 245 Park posts security in the amount of $25,000 with the Clerk of the Court on or before July 1, 2022; and it is further ORDERED, that service of a copy of this Order to show Cause, together with all the supporting papers upon which it is based, shall be served on HNA through the Court's electronic case filing system ("ECF") on or before the 30 day of June, 2022, and it is further ORDERED, that answering papers, if any, shall be served upon Petitioner through ECF on or before the 7 day of July, 2022; and it is further ORDERED, that Petitioner's reply in further support of its option, if any, shall be served upon HNA through ECF on or before 11th day of July, 2022. The response to the petition to confirm the Arbitration Award is due July 8, 2022; the reply is due July 15, 2022. This Order does not project to effect the Order of any other Court, including any Bankruptcy Court. (Signed by Judge John G. Koeltl on 6/29/2022) ( Responses due by 7/8/2022, Replies due by 7/15/2022.) Show Cause Hearing set for 7/13/2022 at 04:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (ks)
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Filing 14
NOTICE OF APPEARANCE by Aaron Todd Wolfson on behalf of HNA Group (International) Company Limited..(Wolfson, Aaron)
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Filing 13
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SL Green Realty Corporation, Corporate Parent BlackRock, Inc. for 245 Park Member LLC. Document filed by 245 Park Member LLC..(Ressler, Mark)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Mark Paul Ressler to RE-FILE Document No. #8 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb)
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Filing 12
NOTICE OF APPEARANCE by Jasen Fears on behalf of 245 Park Member LLC..(Fears, Jasen)
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Filing 11
NOTICE OF APPEARANCE by Henry Bowen Brownstein on behalf of 245 Park Member LLC..(Brownstein, Henry)
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Filing 10
NOTICE OF APPEARANCE by Paul Michael O'Connor, III on behalf of 245 Park Member LLC..(O'Connor, Paul)
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Filing 9
NOTICE OF APPEARANCE by Mark Paul Ressler on behalf of 245 Park Member LLC..(Ressler, Mark)
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Filing 8
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by 245 Park Member LLC..(Ressler, Mark) Modified on 6/29/2022 (lb).
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Filing 7
MEMORANDUM OF LAW in Support re: #4 Proposed Order to Show Cause With Emergency Relief, . Document filed by 245 Park Member LLC..(Ressler, Mark)
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Filing 6
AFFIDAVIT of Harrison Sitomer in Support re: #4 Proposed Order to Show Cause With Emergency Relief,. Document filed by 245 Park Member LLC. (Attachments: #1 Exhibit 1 - HNA Training Center NY LLC; Mergerstat MA Database, #2 Exhibit 2 - HNA Confession of Judgment).(Ressler, Mark)
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Filing 5
DECLARATION of Mark P. Ressler in Support re: #4 Proposed Order to Show Cause With Emergency Relief,. Document filed by 245 Park Member LLC. (Attachments: #1 Exhibit A - Decision on Scheduling).(Ressler, Mark)
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Filing 4
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by 245 Park Member LLC. (Attachments: #1 Text of Proposed Order of Attachment, #2 Text of Proposed Order re: Notice of Sale).(Ressler, Mark) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing set for 6/29/2022 at 03:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Vincent Filardo, Jr. The following case opening statistical information was erroneously selected/entered: County code XX Out of State. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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)
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Case Designated ECF. (sj)
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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. (sj)
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Filing 3
CIVIL COVER SHEET filed..(Filardo, Vincent)
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Filing 2
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HNA Group Co,, Ltd. for HNA Group (International) Company Limited. Document filed by HNA Group (International) Company Limited..(Filardo, Vincent)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 656421/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26300257).Document filed by HNA Group (International) Company Limited. (Attachments: #1 Exhibit Exhibit A Petition, Notice of Petition and Exhibits, #2 Exhibit Exhibit B RJI, RJI Addendum, Memorandum of Law in Support, Notice of Change of Address, #3 Exhibit Exhibit C Demand and Exhibit R, #4 Exhibit Exhibit D Stipulation).(Filardo, Vincent)
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