NELI International Incorporated v. Premier Restaurant Group, LLC et al
| NELI International Incorporated |
| Premier Restaurant Group, LLC, Forever Brands Operating Company, LLC, Cheeburger Operating Company, LLC, Cheeburger VA, LLC and Anthony Wedo |
| Robert R Stidham, Jr. |
| 1:2023cv02725 |
| March 31, 2023 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on May 23, 2024. A more recent docket listing may be available from PACER.
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Filing 34
ORDER APPOINTING A RECEIVER: IT IS ORDERED as follows: 1. Appointment of Receiver. Summa Franchise Consulting, with offices at 8585 E Hartford Drive, Suite 200, Scottsdale, AZ 85255 ("Summa"), by and through its principal, Robert R. Stidham, Jr., is appointed as the temporary receiver ("Receiver") of all assets (the "Collateral," as defined below) of the Defendant LLCs (each a "Receivership Entity" or "Grantor," and collectively the "Receivership Entities" or the "Grantors"). As further set forth by this Order. SO ORDERED. Robert R Stidham, Jr. appointed Receiver. (Signed by Judge Andrew L. Carter, Jr on 5/12/2023) (tg)
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Filing 33
OPINION AND ORDER: For the reasons stated, Plaintiff's motion is GRANTED, and the Court will enter an order appointing a receiver. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/12/2023) (tg)
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Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Conference held on 5/5/2023. Mark S. Lichtenstein for Plaintiff. (tdh)
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Filing 32
ORDER granting #31 Letter Motion for Conference re: #31 LETTER MOTION for Conference re: #27 Declaration in Support of Motion, addressed to Judge Andrew L. Carter, Jr. from March Lichtenstein dated April 28, 2023. The Court will hold a telephonic conference on May 5, 2023 at 11:00 AM Eastern Time. All parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). Plaintiff should be prepared to discuss the relief it seeks in paragraph 20 of its proposed order appointing a receiver. ECF No. 12-1 at 11. SO ORDERED. Telephone Conference set for 5/5/2023 at 11:00 AM before Judge Andrew L. Carter Jr... (Signed by Judge Andrew L. Carter, Jr on 5/1/2023) (jca)
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Filing 31
LETTER MOTION for Conference re: #27 Declaration in Support of Motion, addressed to Judge Andrew L. Carter, Jr. from March Lichtenstein dated April 28, 2023. Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 30
LETTER addressed to Judge Andrew L. Carter, Jr. from Mark Lichtenstein dated April 24, 2023 re: additional information received this past weekend, April 22-23, which further evidences the urgent need for a Court-appointed receiver as requested by NELIs pending motion. Document filed by NELI International Incorporated. (Attachments: #1 Appendix Email chain).(Lichtenstein, Mark)
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Filing 29
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 04/13/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (nmo)
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Filing 28
TRANSCRIPT of Proceedings re: Status Conference held on 4/13/2023 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Adrienne Mignano, 92120 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/15/2023. Redacted Transcript Deadline set for 5/25/2023. Release of Transcript Restriction set for 7/24/2023. (nmo)
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Filing 27
DECLARATION of Mark S. Lichtenstein in Support re: #8 EMERGENCY MOTION to Appoint Receiver(s) Summa Franchise Consulting .. Document filed by NELI International Incorporated. (Attachments: #1 Exhibit A - Email exchange with counsel).(Lichtenstein, Mark)
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Filing 26
ORDER: As discussed in the hearing held on Thursday April 13, 2023, Plaintiff is ORDERED to submit a letter on or by April 18, 2023. Plaintiff is also ORDERED to submit supplemental materials disaggregating the financial records for each of the Defendant companies and franchise units, if possible, on or by April 18, 2023. (Signed by Judge Andrew L. Carter, Jr on 4/17/2023) (ate)
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Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Order to Show Cause Hearing for Preliminary Injunction held on 4/13/2023. Mark S. Lichtenstein for Plaintiff. See Docket No. 26 for complete details. (tdh)
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Filing 25
REPLY AFFIRMATION of Mark S. Lichtenstein in Support re: #8 EMERGENCY MOTION to Appoint Receiver(s) Summa Franchise Consulting .. Document filed by NELI International Incorporated. (Attachments: #1 Exhibit A - March 30, 2023 email, #2 Exhibit B - email correspondence).(Lichtenstein, Mark)
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Filing 24
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Anthony Wedo served on 4/3/2023, answer due 4/24/2023. Service was accepted by posted. Service was made by MAIL. Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 23
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Cheeburger VA, LLC served on 4/3/2023, answer due 4/24/2023. Service was accepted by Registered Agent, CSC. Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 22
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Cheeburger Operating Company, LLC served on 4/3/2023, answer due 4/24/2023. Service was accepted by Registered Agent, CSC. Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 21
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Forever Brands Operating Company, LLC served on 4/3/2023, answer due 4/24/2023. Service was accepted by Registered Agent, CSC. Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 20
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Premier Restaurant Group, LLC served on 4/3/2023, answer due 4/24/2023. Service was accepted by Registered Agent, CSC. Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 19
ELECTRONIC SUMMONS ISSUED as to Cheeburger VA, LLC..(jgo)
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Filing 18
ORDER denying #8 Motion to Appoint. At this juncture, Plaintiff's emergency motion is hereby DENIED. ECF No. 8. Plaintiff is ORDERED to serve the complaint, motion papers, and this instant order on Defendants by Monday April 3, 2023 at 5:00 PM Eastern Time. Defendants are ORDERED to respond to Plaintiff's motion on or by Thursday April 6, 2023 at 5:00 PM Eastern Time. Plaintiff's reply, if any, shall be filed on or by Monday April 10, 2023 at 5:00 PM Eastern Time. The Court will hold a telephonic hearing to address Plaintiff's motion on April 13, 2023 at 11:00 AM Eastern Time. All parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). (Signed by Judge Andrew L. Carter, Jr on 3/31/2023) (ate)
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Filing 17
REQUEST FOR ISSUANCE OF SUMMONS as to Cheeburger VA, LLC, re: #1 Complaint,,,. Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Premier Restaurant Group, LLC..(jgo)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Forever Brands Operating Company, LLC..(jgo)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Cheeburger Operating Company, LLC..(jgo)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to Anthony Wedo..(jgo)
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Filing 12
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by NELI International Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order Appointing a Receiver) Related Document Number: [Doc. No. 8]..(Lichtenstein, Mark) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 11
DECLARATION of Sol Roter in Support re: #8 EMERGENCY MOTION to Appoint Receiver(s) Summa Franchise Consulting .. Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 10
DECLARATION of Robert R. Stidham, Jr. in Support re: #8 EMERGENCY MOTION to Appoint Receiver(s) Summa Franchise Consulting .. Document filed by NELI International Incorporated. (Attachments: #1 Exhibit A - Executive Resume).(Lichtenstein, Mark)
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Filing 9
DECLARATION of Mark Lichtenstein in Support re: #8 EMERGENCY MOTION to Appoint Receiver(s) Summa Franchise Consulting .. Document filed by NELI International Incorporated. (Attachments: #1 Exhibit A - Email dated March 30, 2023).(Lichtenstein, Mark)
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Filing 8
EMERGENCY MOTION to Appoint Receiver(s) Summa Franchise Consulting . Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Anthony Wedo, re: #1 Complaint,,,. Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Cheeburger Operating Company, LLC, re: #1 Complaint,,,. Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Forever Brands Operating Agreement LLC, re: #1 Complaint,,,. Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Premier Restaurant Group, LLC, re: #1 Complaint,,,. Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Garrington Group Inc. for NELI International Incorporated. Document filed by NELI International Incorporated..(Lichtenstein, Mark)
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Filing 2
CIVIL COVER SHEET filed..(Lichtenstein, Mark)
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Filing 1
COMPLAINT against Cheeburger Operating Company, LLC, Cheeburger VA, LLC, Forever Brands Operating Company, LLC, Premier Restaurant Group, LLC, Anthony Wedo. (Filing Fee $ 402.00, Receipt Number ANYSDC-27548195)Document filed by NELI International Incorporated. (Attachments: #1 Exhibit A - Loan Agreement & Amendments, #2 Exhibit B - Forever Brands Guaranty and Security Agreement, #3 Exhibit C - Cheeburger Operating Company Guaranty and Security Agreement, #4 Exhibit D - Cheeburger VA Guaranty and Security Agreement, #5 Exhibit E - Wedo Limited Guaranty and Pledge Agreement, #6 Exhibit F - Assignment and Postponement, #7 Exhibit G - Loan Renewal Agreement, #8 Exhibit H - Validity Guaranty, #9 Exhibit I - Loan Extension Agreement, #10 Exhibit J - Side letter, #11 Exhibit K - UCC's, #12 Exhibit L - Demand Letter).(Lichtenstein, Mark)
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Magistrate Judge Sarah L. Cave 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. (jgo)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #12 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Set/Reset Deadlines: ( Responses due by 4/6/2023, Replies due by 4/10/2023.), Set/Reset Hearings:( Telephone Conference set for 4/13/2023 at 11:00 AM before Judge Andrew L. Carter Jr.) (ate)
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Case Designated ECF. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(jgo)
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