Banyan Cay Resort Fund, LLC v. U.S. Real Estate Credit Holdings III-A, LP
| BANYAN CAY RESORT FUND, LLC |
| .S. Real Estate Credit Holdings III-A, LP and U.S. Real Estate Credit Holdings III-A, LP |
| 1:2023cv01345 |
| February 16, 2023 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. § 1332 ds Diversity-Contract Dispute |
| None |
Docket Report
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Filing 11
STIPULATION AND ORDER: that Defendant's deadline to answer, move, or otherwise respond to the Plaintiff's Complaint in the above-captioned action is extended to and including 5/1/2023. U.S. Real Estate Credit Holdings III-A, LP answer due 5/1/2023. (Signed by Judge J. Paul Oetken on 3/24/2023) (tro)
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| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by U.S. Real Estate Credit Holdings III-A, LP..(Scalzo, John) |
| Filing 9 NOTICE OF APPEARANCE by John Christian Scalzo on behalf of U.S. Real Estate Credit Holdings III-A, LP..(Scalzo, John) |
| Filing 8 AFFIDAVIT OF SERVICE. U.S. Real Estate Credit Holdings III-A, LP served on 3/8/2023, answer due 3/29/2023. Service was accepted by Dean Chang, General Counsel. Document filed by Banyan Cay Resort Fund, LLC..(Corrado, Sabina) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Banyan Cay Resort Fund, LLC..(Vandermark, James) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to U.S. Real Estate Credit Holdings III-A, LP..(pc) |
| Filing 5 CIVIL COVER SHEET filed..(Corrado, Sabina) |
| Filing 4 COMPLAINT against U.S. Real Estate Credit Holdings III-A, LP. Document filed by Banyan Cay Resort Fund, LLC..(Corrado, Sabina) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Sabina Corrado to RE-FILE Document No. #2 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sabina Corrado to RE-FILE Document No. #1 Complaint,,,,,,,,,,,,,,. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) |
| Magistrate Judge Valerie Figueredo 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sabina Corrado. The party information for the following party/parties has been modified: BANYAN CAY RESORT FUND, LLC,.S. Real Estate Credit Holdings III-A, LP. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sabina Corrado. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 4 (Incorporated/Principal Place of Business-This State); Citizenship Defendant code 2 (Citizen of Another State); Dollar Demand $5,000,000,000; County code Albany;. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 1 (Citizen of This State); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to blank; the County code has been modified to Nassau;. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. REAL ESTATE CREDIT HOLDINGS III-A, LP,, re: #1 Complaint,,,,,,,,,,,,,, #2 Complaint. Document filed by BANYAN CAY RESORT FUND, LLC..(Corrado, Sabina) |
| Filing 2 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against.S. Real Estate Credit Holdings III-A, LP. Document filed by BANYAN CAY RESORT FUND, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Corrado, Sabina) Modified on 2/17/2023 (pc). |
| Filing 1 COMPLAINT against.S. Real Estate Credit Holdings III-A, LP. (Filing Fee $ 402.00, Receipt Number ANYSDC-27355552)Document filed by BANYAN CAY RESORT FUND, LLC. (Attachments: #1 Exhibit 1- Hotel Property Description, #2 Exhibit 2- Villas Property Description, #3 Exhibit 3- September 30, 2020 Amended and Restated Loan Agreement, #4 Exhibit 4- September 30, 2020- Second Priority Mortgage, Security Agreement and Financing Statement (Golf Villas Property for Hotel Loan), #5 Exhibit 5- September 30, 2020 Amended and Restated Indemnity and Guaranty Agreement, #6 Exhibit 6- September 30, 2020 Loan Agreement, #7 Exhibit 7-September 30, 2020: Future Advance Promissory Note (Golf Villas Loan), #8 Exhibit 8- September 30, 2020 Mortgage, Security Agreement, #9 Exhibit 9-September 30, 2020 Second Priority Mortgage, Security Agreement and Financing Statement (Hotel Property for Golf Villas Loan), #10 Exhibit 10- September 30, 2020 Amended and Restated Indemnity and Guaranty Agreement, #11 Exhibit 11- October 15, 2020 Mezzanine Loan Agreement, #12 Exhibit 12- October 15, 2020 Mezzanine Loan Promissory Note, #13 Exhibit 13- October 15, 2020 Pledge and Security Agreement, #14 Exhibit 14- October 15, 2020: Mezzanine Indemnity and Guaranty Agreement, #15 Exhibit 15- October 15, 2020: Acknowledgement and Consent, #16 Exhibit 16- October 15, 2020: Confirmation Statement and Instruction Agreement, #17 Exhibit 17- October 15, 2020 Hotel Intercreditor Agreement, #18 Exhibit 18- October 15, 2020 Villas Intercreditor Agreement, #19 Exhibit 19-Foreclosure Complaint, #20 Exhibit 20- December 2022 Senior Loan Payoff Statement., #21 Exhibit 21- January 19, 2023 Motion for Entry of Supplemental order to Show Cause, #22 Exhibit 22-September 2, 2021- First Amendment to Loan Agreement and Other Loan Documents, #23 Exhibit 23-: September 2, 2021: Amended and Restated Future Advance Promissory Note, #24 Exhibit 24- September 2, 2021: First Amendment to Mortgage and Other Loan Documents, #25 Exhibit 25- September 2, 2021: First Amendment to Second Priority Mortgage and Second Priority Assignment of Leases and Rents (Hotel Property for Villas Loans), #26 Exhibit 26- December 31, 2021 Second Amended and Restated Future Advance Promissory Note, #27 Exhibit 27- December 31, 2021: Future Advance Promissory Note A-2 (Golf Villas Loan), #28 Exhibit 28- December 31, 2021: Second Amendment to Mortgage and Other Loan Documents, #29 Exhibit 29- September 2, 2021 Second Amendment to Amended and Restated Loan Agreement and Other Loan Document, #30 Exhibit 30- September 2, 2021 Second Amended, Restated and Future Advance Promissory Note (Banyan Cay Resort, #31 Exhibit 31-September 2, 2021 Second Amendment to Mortgage and Other Loan Documents, #32 Exhibit 32- September 2, 2021 First Amendment to Second Priority Mortgage and Second Priority Assignment of Leases and Rents (Golf Villas Property for Hotel Loan), #33 Exhibit 33-September 2, 2021 Senior Lender and the Hotel Borrowe, #34 Exhibit 34-December 31, 2021 Third Amendment to Mortgage and Other Loan Documents, #35 Exhibit 35-November 29, 2022 Notice of Default and Request for Balances, #36 Exhibit 36-December 21, 2022 Senior Lender Default Response., #37 Exhibit 37-January 6, 2023: Mezzanine Lender Loan Document Request to Senior Lender, #38 Exhibit 38- January 9, 2023: Loan Document Response from Senior Lender, #39 Exhibit 39- August 3, 2022 Mezzanine Default Notice, #40 Exhibit 40-December 16, 2022 First Disposition Notice, #41 Exhibit 41-December 28, 2022 Second Disposition Notice).(Corrado, Sabina) |
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