Sterling and Wilson Solar Solutions, Inc. v. JPMorgan Chase Bank, N.A.
| Sterling and Wilson Solar Solutions, Inc. |
| J. P. Morgan Chase Bank and JPMorgan Chase Bank, N.A. |
| Bank of America N.A |
| Lund Hill Solar, LLC and Montague Solar, LLC |
| 1:2023cv05711 |
| July 3, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Contract: Other |
| 28 U.S.C. § 1332 ij Diversity-Injunctive & Declaratory Relief |
| None |
Docket Report
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This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.
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Filing 83
ORDER granting (82) Letter Motion to Seal in case 1:23-cv-05711-VEC. The proposed redactions are APPROVED. In light of Plaintiff's voluntary dismissal, see Dkt. 69, the Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/8/2023) Filed In Associated Cases: 1:23-cv-05711-VEC, 1:23-cv-06024-VEC (tg)
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| Terminate Transcript Deadlines (tg) |
| Filing 82 LETTER MOTION to Seal Letter Motion to Finalize Redactions Under Seal addressed to Judge Valerie E. Caproni from David R. Dehoney dated August 7, 2023. Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Gaurav Bhandariin Support of Plaintiff's Motion).(Dehoney, David) |
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Filing 81
ORDER granting (78) Letter Motion to Seal in case 1:23-cv-05711-VEC. Application GRANTED. The proposed redactions filed by Plaintiff and the Owners are APPROVED. The Court's Order at Dkt. 77 also required the parties to file revised redactions to the Second Bhandari Declaration. The parties have not done so. Revised redactions to the Second Bhandari Declaration must be filed by August 7, 2023, or the declaration will be unsealed. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/4/2023) Filed In Associated Cases: 1:23-cv-05711-VEC, 1:23-cv-06024-VEC (tg)
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| Filing 80 LETTER addressed to Judge Valerie E. Caproni from Judson Brown dated August 3, 2023 re: Amended Redactions Pursuant to the Court's August 1, 2023 Order (ECF No. 77). Document filed by Lund Hill Solar, LLC, Montague Solar, LLC. (Attachments: #1 Exhibit A - Lund EPC Agreement, #2 Exhibit B - Montague EPC Agreement, #3 Exhibit C - Ex. 4 to the Declaration of Daniel Villavicencio, #4 Exhibit D - Ex. 5 to the Declaration of Daniel Villavicencio, #5 Exhibit E - Ex. 8 to the Declaration of Daniel Villavicencio, #6 Exhibit F - Ex. 12 to the Declaration of Daniel Villavicencio, #7 Exhibit G - Ex. 13 to the Declaration of Daniel Villavicencio, #8 Exhibit H - Ex. 14 to the Declaration of Daniel Villavicencio, #9 Exhibit I - Ex. 16 to the Declaration of Gaurav Bhandari).(Brown, Judson) |
| Filing 79 ***SELECTED PARTIES***REDACTION to Letter Motion to File Under Seal: #78 by Sterling and Wilson Solar Solutions, Inc., Bank of America N.A, JPMorgan Chase Bank, N.A., Lund Hill Solar, LLC, Montague Solar, LLC (Attachments: #1 Exhibit 1 - Plaintiff's Reply Memorandum in Support of Temporary Restraining Order)Motion or Order to File Under Seal: #78 .(Dehoney, David) |
| Filing 78 LETTER MOTION to Seal Letter Motion to File Revised Redactions Under Seal addressed to Judge Valerie E. Caproni from David R. Dehoney dated August 3, 2023. Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Exhibit 1 - REDACTED Plaintiff's Reply Memorandum in Support of Temporary Restraining Order).(Dehoney, David) |
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Filing 77
ORDER granting #71 Letter Motion to Seal. IT IS HEREBY ORDERED that the parties' proposed redactions are APPROVED exceptfor the redactions concerning the portions of the liquidated clause discussed in open court. Notlater than August 3, 2023, the parties must file on the public docket the documents with theproposed narrowed redactions but without redactions to the portions of the liquidated damagesclause of the parties' agreements that were discussed in open court. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to terminate the open motion at Dkt. 71. (Signed by Judge Valerie E. Caproni on 7/31/2023) (rro)
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| Filing 76 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 7/19/2023 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...Filed In Associated Cases: 1:23-cv-05711-VEC, 1:23-cv-06024-VEC.(McGuirk, Kelly) |
| Filing 75 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/19/2023 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Amy Walker, (212) 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 8/21/2023. Redacted Transcript Deadline set for 8/31/2023. Release of Transcript Restriction set for 10/30/2023.Filed In Associated Cases: 1:23-cv-05711-VEC, 1:23-cv-06024-VEC.(McGuirk, Kelly) |
| Filing 74 DECLARATION of Alyssa Mastic re: #70 Order, #73 Letter, . Document filed by Lund Hill Solar, LLC, Montague Solar, LLC..(Brown, Judson) |
| Filing 73 LETTER addressed to Judge Valerie E. Caproni from Judson Brown, P.C. dated 07/27/2023 re: Amended Redactions Pursuant to the Court's July 24, 2023 Order (ECF No. 70). Document filed by Lund Hill Solar, LLC, Montague Solar, LLC. (Attachments: #1 Exhibit A- Martinson Ex. 7 Lund Draw, #2 Exhibit B- Martinson Ex. 14 Montague Draw).(Brown, Judson) |
| Filing 72 ***SELECTED PARTIES***REDACTION to #71 LETTER MOTION to Seal Plaintiff's Reply Memorandum and Declaration of Gaurav Bhandari addressed to Judge Valerie E. Caproni from David R. Dehoney dated July 27, 2023. Plaintiff's Sealed Proposed Redactions by Sterling and Wilson Solar Solutions, Inc., Bank of America N.A, JPMorgan Chase Bank, N.A., Lund Hill Solar, LLC, Montague Solar, LLC (Attachments: #1 Exhibit 1 - Plaintiff's Reply Memorandum in Support of Temporary Restraining Order, #2 Exhibit 2- Declaration of Gaurav Bhandari)Motion or Order to File Under Seal: #71 .(Dehoney, David) |
| Filing 71 LETTER MOTION to Seal Plaintiff's Reply Memorandum and Declaration of Gaurav Bhandari addressed to Judge Valerie E. Caproni from David R. Dehoney dated July 27, 2023. Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Exhibit 1 - Plaintiff's Reply Memorandum in Support of Temporary Restraining Order, #2 Exhibit 2 - Declaration of Gaurav Bhandari).(Dehoney, David) |
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Filing 70
ORDER. IT IS HEREBY ORDERED that the parties' motion to file the ECP Agreements with the revised redactions, see Dkt. 67, is GRANTED. IT IS FURTHER ORDERED that the parties must submit revised, narrowed redactions as to the remaining redacted documents by July 27, 2023, or all of the documents will be unsealed in their entirety. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/24/23) (yv)
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| Filing 69 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Bank of America N.A, JPMorgan Chase Bank, N.A.. Document filed by Sterling and Wilson Solar Solutions, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Dehoney, David) |
| Filing 68 DECLARATION of Alyssa Mastic re: #40 LETTER MOTION to Seal exhibits attached to the July 10, 2023 declarations of Stacey A. Martinson and Daniel Villavicencio Fernandez de Jauregui addressed to Judge Valerie E. Caproni from Judson Brown, P.C. dated 07/10/2023., #67 Letter, #66 Order,,,,,,,, . Document filed by Lund Hill Solar, LLC, Montague Solar, LLC..(Brown, Judson) |
| Filing 67 LETTER addressed to Judge Valerie E. Caproni from Judson Brown, P.C. dated 07/20/2023 re: the Court's July 19th minute order [ECF 66] regarding sealing. Document filed by Lund Hill Solar, LLC, Montague Solar, LLC. (Attachments: #1 Exhibit 1- Lund Hill EPC Agreement, #2 Exhibit 2- Montague EPC Agreement).(Brown, Judson) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Oral Argument held on 7/19/2023 re: #12 Memorandum of Law in Support, filed by Sterling and Wilson Solar Solutions, Inc. Attorneys Seth Darmstadter, David Dehoney and Jessica Pharis present for the plaintiff. Attorney Daniel Filor present for JPMorgan Chase Bank, N.A. Attorneys Judson Brown and Leha Hamlin present for Intervenor. Court Reporter Amy Walker present. (anc) |
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Filing 66
ORDER DENYING PLAINTIFF'S MOTIONS FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Upon consideration of Plaintiff Sterling and Wilson Solar Solutions, Inc.'s Motion for a Temporary Restraining Order and Preliminary Injunction against JPMorgan Chase Bank, N.A., Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction against Bank of America, N.A., the responses to Plaintiff's motions, and the hearing held on July 19, 2023, it is hereby ORDERED that: 1. Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction against JPMorgan Chase Bank, N.A. is DENIED for the reasons stated at the July 19, 2023, hearing. 2. Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction against Bank of America, N.A. is DENIED for the reasons stated at the July 19, 2023, hearing. 3. Within five business days of issuance of this Order, JPMorgan Chase Bank, N.A. is ORDERED to issue payment in the amount of $22,700,000.00 to Lund Hill Solar, LLC, on the draw request submitted on June 21, 2023, under the Irrevocable Standby Letter of Credit Ref. No. NUSCGS033842, originally dated July 21, 2020. 4. Within five business days of issuance of this Order, Bank of America, N.A. is ORDERED to issue payment in the amount of $24,340,000.00 to Montague Solar, LLC, on the draw request submitted on June 23, 2023, under the Irrevocable Standby Letter of Credit Ref. No. 68176052, originally dated May 12, 2021. 5. Not later than July 20, 2023, the parties must submit narrowed redactions in support of their pending motions to redact or seal the documents filed in conjunction with Plaintiff's motion for a temporary restraining order and preliminary injunction. 6. Not later than July 28, 2023, Plaintiff must submit a notice of voluntary dismissal or a joint letter with proposed next steps. (Signed by Judge Valerie E. Caproni on 7/19/2023) (tg) Transmission to Finance Unit (Cashiers) for processing.
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Filing 65
MEMO ENDORSEMENT on re: (27 in 1:23-cv-06024-VEC) MOTION for Casey Alan Coyle to Withdraw as Attorney . filed by Sterling and Wilson Solar Solutions, Inc.. ENDORSEMENT: Application GRANTED. SO ORDERED. Motions terminated: (27 in 1:23-cv-06024-VEC) MOTION for Casey Alan Coyle to Withdraw as Attorney . filed by Sterling and Wilson Solar Solutions, Inc.. Attorney Casey Alan Coyle terminated. (Signed by Judge Valerie E. Caproni on 7/19/2023) Filed In Associated Cases: 1:23-cv-05711-VEC, 1:23-cv-06024-VEC (tg)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Daniel Filor to RE-FILE Document No. #64 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. 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 signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - 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 - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found on the NYSD forms page. (kj) |
| Filing 64 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co., Other Affiliate The Vanguard Group, Inc. for JPMorgan Chase Bank, N.A.. Document filed by JPMorgan Chase Bank, N.A...(Filor, Daniel) Modified on 7/19/2023 (kj). |
| Filing 63 SUMMONS RETURNED EXECUTED. JPMorgan Chase Bank, N.A. served on 7/6/2023, answer due 7/27/2023. Service was accepted by Vincenza Cipriano - Intake Specialist for CT Corporation. Document filed by Sterling and Wilson Solar Solutions, Inc...(Dehoney, David) |
| Filing 62 DECLARATION of Gaurav Bhandari (Redacted) in Support re: #56 LETTER MOTION to Seal (Reply Memorandum in Further Support of Motion for Temporary Restraining Order and Declarations with Exhibits) addressed to Judge Valerie E. Caproni from David R. Dehoney dated July 17, 2023.. Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Exhibit 1- July 21, 2021 Letter from Sterling & Wilson, #2 Exhibit 2-August 13, 2021 Letter from Sterling & Wilson, #3 Exhibit 3-November 15, 2021 Letter from Sterling & Wilson, #4 Exhibit 4-January 24, 2022 Letter from Sterling & Wilson, #5 Exhibit 5-January 25, 2022 Letter from Sterling & Wilson, #6 Exhibit 6-July 22, 2022 Letter from Sterling & Wilson, #7 Exhibit 7- REDACTED_September 14, 2022 Letter from Sterling & Wilson, #8 Exhibit 8-December 5, 2022 Email from D. Villavicencio, #9 Exhibit 9- REDACTED_February 22, 2023 Email from D. Villavicencio, #10 Exhibit 10-December 7, 2022 Letter from Sterling & Wilson, #11 Exhibit 11-January 27, 2023 Letter from Avangrid Renewables, #12 Exhibit 12- REDACTED_February 7, 2023 Letter from Sterling & Wilson, #13 Exhibit 13-Correspondence from Sterling & Wilson to Miller Nash LLP, #14 Exhibit 14-May 15, 2023 Email from A. Jain, #15 Exhibit 15-November 1, 2022 Email from A. Jain, #16 Exhibit 16-REDACTED_November 4, 2022 Letter from Avangrid Renewables, #17 Exhibit 17-July 15, 2022 Letter from Avangrid Renewables, #18 Exhibit 18-REDACTED_August 17, Letter from Bradley LLP to Montague Solar, LLC and Avangrid Renewables, LLC, #19 Exhibit 19-January 13, 2023 Letter from Sterling & Wilson, #20 Exhibit 20-REDACTED_May 23, 2023 Email from D. Villavicencio).(Dehoney, David) |
| Filing 61 ***SELECTED PARTIES***DECLARATION of Gaurav Bhandari in Support re: #56 LETTER MOTION to Seal (Reply Memorandum in Further Support of Motion for Temporary Restraining Order and Declarations with Exhibits) addressed to Judge Valerie E. Caproni from David R. Dehoney dated July 17, 2023.. Document filed by Sterling and Wilson Solar Solutions, Inc., Bank of America N.A, JPMorgan Chase Bank, N.A., Lund Hill Solar, LLC, Montague Solar, LLC. (Attachments: #1 Exhibit 1- July 21, 2021 Letter from Sterling & Wilson, #2 Exhibit 2-August 13, 2021 Letter from Sterling & Wilson, #3 Exhibit 3-November 15, 2021 Letter from Sterling & Wilson, #4 Exhibit 4-January 24, 2022 Letter from Sterling & Wilson, #5 Exhibit 5-January 25, 2022 Letter from Sterling & Wilson, #6 Exhibit 6-July 22, 2022 Letter from Sterling & Wilson, #7 Exhibit 7-September 14, 2022 Letter from Sterling & Wilson, #8 Exhibit 8-December 5, 2022 Email from D. Villavicencio, #9 Exhibit 9-February 22, 2023 Email from D. Villavicencio, #10 Exhibit 10-December 7, 2022 Letter from Sterling & Wilson, #11 Exhibit 11-January 27, 2023 Letter from Avangrid Renewables, #12 Exhibit 12-February 7, 2023 Letter from Sterling & Wilson, #13 Exhibit 13-Correspondence from Sterling & Wilson to Miller Nash LLP, #14 Exhibit 14-May 15, 2023 Email from A. Jain, #15 Exhibit 15-November 1, 2022 Email from A. Jain, #16 Exhibit 16-November 4, 2022 Letter from Avangrid Renewables, #17 Exhibit 17-July 15, 2022 Letter from Avangrid Renewables, #18 Exhibit 18-August 17, Letter from Bradley LLP to Montague Solar, LLC and Avangrid Renewables, LLC, #19 Exhibit 19-January 13, 2023 Letter from Sterling & Wilson, #20 Exhibit 20-May 23, 2023 Email from D. Villavicencio)Motion or Order to File Under Seal: #56 .(Dehoney, David) |
| Filing 60 DECLARATION of Dilip Kumar Ghorawat (Redacted) in Support re: #56 LETTER MOTION to Seal (Reply Memorandum in Further Support of Motion for Temporary Restraining Order and Declarations with Exhibits) addressed to Judge Valerie E. Caproni from David R. Dehoney dated July 17, 2023.. Document filed by Sterling and Wilson Solar Solutions, Inc...(Dehoney, David) |
| Filing 59 ***SELECTED PARTIES***DECLARATION of Dilip Kumar Ghorawat in Support re: #56 LETTER MOTION to Seal (Reply Memorandum in Further Support of Motion for Temporary Restraining Order and Declarations with Exhibits) addressed to Judge Valerie E. Caproni from David R. Dehoney dated July 17, 2023.. Document filed by Sterling and Wilson Solar Solutions, Inc., Bank of America N.A, JPMorgan Chase Bank, N.A., Lund Hill Solar, LLC, Montague Solar, LLC. Motion or Order to File Under Seal: #56 .(Dehoney, David) |
| Filing 58 REPLY MEMORANDUM OF LAW in Support re: #56 LETTER MOTION to Seal (Reply Memorandum in Further Support of Motion for Temporary Restraining Order and Declarations with Exhibits) addressed to Judge Valerie E. Caproni from David R. Dehoney dated July 17, 2023. (Per Docket Number 27 - REDACTED VERSION of Plaintiff's Reply Memorandum in Further Support of Motion for Temporary Restraining Order and Preliminary Injunction). Document filed by Sterling and Wilson Solar Solutions, Inc...(Dehoney, David) |
| Filing 57 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #56 LETTER MOTION to Seal (Reply Memorandum in Further Support of Motion for Temporary Restraining Order and Declarations with Exhibits) addressed to Judge Valerie E. Caproni from David R. Dehoney dated July 17, 2023. (Per Docket Number 27 - Plaintiff's Reply Memorandum in Further Support of Motion for Temporary Restraining Order and Preliminary Injunction). Document filed by Sterling and Wilson Solar Solutions, Inc., Bank of America N.A, JPMorgan Chase Bank, N.A., Lund Hill Solar, LLC, Montague Solar, LLC. Motion or Order to File Under Seal: #56 .(Dehoney, David) |
| Filing 56 LETTER MOTION to Seal (Reply Memorandum in Further Support of Motion for Temporary Restraining Order and Declarations with Exhibits) addressed to Judge Valerie E. Caproni from David R. Dehoney dated July 17, 2023. Document filed by Sterling and Wilson Solar Solutions, Inc...(Dehoney, David) |
| Filing 55 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/5/2023 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...Filed In Associated Cases: 1:23-cv-05711-VEC, 1:23-cv-06024-VEC.(McGuirk, Kelly) |
| Filing 54 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/5/2023 before Judge Valerie E. Caproni. Court Reporter/Transcriber: George Malinowski, (212) 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 8/4/2023. Redacted Transcript Deadline set for 8/14/2023. Release of Transcript Restriction set for 10/12/2023.Filed In Associated Cases: 1:23-cv-05711-VEC, 1:23-cv-06024-VEC.(McGuirk, Kelly) |
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Filing 53
MEMO ENDORSEMENT on re: (15 in 1:23-cv-06024-VEC) Stipulation - Unsigned filed by Sterling and Wilson Solar Solutions, Inc. ENDORSEMENT: The Clerk of Court is respectfully directed to consolidate this case with the case numbered 23-cv-5711, and to designate the case numbered 23-cv-5711 as the lead case. All future filings in this matter should be docketed in the case numbered 23-cv-5711. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/13/2023) Filed In Associated Cases: 1:23-cv-05711-VEC, 1:23-cv-06024-VEC (tg)
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Filing 52
ORDER temporarily granting #40 Letter Motion to Seal; temporarily granting #50 Letter Motion to Seal. The Intervenor's motion to seal Dkts. 14 and 16 is GRANTED on a temporary basis. As the Court noted in its Order at Dkt. 28, Plaintiff's sealing request is overbroad. The Court also finds that the redactions proposed by the Intervenors to the declarations at Dkts. 43 and 45 are overbroad, particularly to the extent they redact definitions of standard business terms and facts made clear from the context of Plaintiff's complaint. The parties should be prepared to explain their sealing requests and to propose narrowed redactions at the hearing scheduled for July 19, 2023. The Clerk of Court is respectfully directed to restrict viewing of Dkts. 14 and 16 to the Court and to the parties. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/12/2023) (tg) (Main Document 52 replaced on 7/12/2023) (tg).
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Filing 51
ORDER granting #49 Letter Motion for Leave to File Excess Pages. Plaintiff's reply must not exceed 15 double-spaced pages in 12 point, Times New Roman font. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/12/2023) (tg)
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| Filing 50 LETTER MOTION to Seal ECF 1-1, 1-2, 14-2, 14-3, 16-1, 16-2, and 24 in their entirety addressed to Judge Valerie E. Caproni from Judson Brown, P.C. dated 07/11/2023. Document filed by Lund Hill Solar, LLC, Montague Solar, LLC..(Brown, Judson) |
| Filing 49 LETTER MOTION for Leave to File Excess Pages for reply memoranda of law addressed to Judge Valerie E. Caproni from David R. Dehoney dated July 11, 2023. Document filed by Sterling and Wilson Solar Solutions, Inc...(Dehoney, David) |
| Filing 48 PROPOSED ORDER. Document filed by Lund Hill Solar, LLC, Montague Solar, LLC. Related Document Number: [27, 41]..(Brown, Judson) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 47 LETTER addressed to Judge Valerie E. Caproni from Judson Brown, P.C. dated 07/10/2023 re: Lund Hill Solar, LLC and Montague Solar, LLC's Proposed Order to their opposition to Plaintiff Sterling and Wilson Solar Solutions, Inc.s Motions for Temporary Restraining Order and Preliminary Injunction. Document filed by Lund Hill Solar, LLC, Montague Solar, LLC..(Brown, Judson) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Judson Brown to RE-FILE Document No. #46 Proposed Order. The filing is deficient for the following reason(s): the documents were not filed separately. File the Letter separately and Re-file the document using the event type Proposed Order found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (tp) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #48 Proposed Order was reviewed and approved as to form. (tp) |
| Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Lund Hill Solar, LLC, Montague Solar, LLC. (Attachments: #1 Text of Proposed Order Proposed Order) Related Document Number: [27, 41]..(Brown, Judson) Proposed Order to be reviewed by Clerk's Office staff. Modified on 7/11/2023 (tp). |
| Filing 45 DECLARATION of Stacey A. Martinson (PUBLIC) in Opposition re: #27 Order,,,,,, Set Deadlines/Hearings,,,,, #41 Memorandum of Law in Opposition,. Document filed by Lund Hill Solar, LLC, Montague Solar, LLC. (Attachments: #1 Exhibit 1A- Lund EPC Agreement, #2 Exhibit 1B- Lund EPC Agreement Amendment, #3 Exhibit 2- Conti Liens, #4 Exhibit 3- Conti Complaint, #5 Exhibit 4- Conti Am Complaint, #6 Exhibit 5- Lund Notice of Default, #7 Exhibit 6- OEG Lund Complaint, #8 Exhibit 7- Lund Draw, #9 Exhibit 8- Sterling Lund Lien, #10 Exhibit 9- Montague EPC Agreement, #11 Exhibit 10- OEG Liens, #12 Exhibit 11- Montague Notice of Default, #13 Exhibit 12- OEG Montague Complaint 1, #14 Exhibit 13- OEG Montague Complaint 2, #15 Exhibit 14- Montague Draw, #16 Exhibit 15- Sterling Montague Liens).(Brown, Judson) |
| Filing 44 ***SELECTED PARTIES***DECLARATION of Stacey A. Martinson in Opposition re: #27 Order,,,,,, Set Deadlines/Hearings,,,,, #40 LETTER MOTION to Seal exhibits attached to the July 10, 2023 declarations of Stacey A. Martinson and Daniel Villavicencio Fernandez de Jauregui addressed to Judge Valerie E. Caproni from Judson Brown, P.C. dated 07/10/2023., #41 Memorandum of Law in Opposition,. Document filed by Montague Solar, LLC, Lund Hill Solar, LLC, JPMorgan Chase Bank, N.A., Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Exhibit 1A- Lund EPC Agreement, #2 Exhibit 1B- Lund EPC Agreement Amendment, #3 Exhibit 2- Conti Liens, #4 Exhibit 3- Conti Complaint, #5 Exhibit 4- Conti Am Complaint, #6 Exhibit 5- Lund Notice of Default, #7 Exhibit 6- OEG Lund Complaint, #8 Exhibit 7- Lund Draw, #9 Exhibit 8- Sterling Lund Lien, #10 Exhibit 9- Montague EPC Agreement, #11 Exhibit 10- OEG Liens, #12 Exhibit 11- Montague Notice of Default, #13 Exhibit 12- OEG Montague Complaint 1, #14 Exhibit 13- OEG Montague Complaint 2, #15 Exhibit 14- Montague Draw, #16 Exhibit 15- Sterling Montague Liens)Motion or Order to File Under Seal: #40 .(Brown, Judson) |
| Filing 43 DECLARATION of Daniel Villavicencio Fernandez de Jauregui (PUBLIC) in Opposition re: #27 Order,,,,,, Set Deadlines/Hearings,,,,, #41 Memorandum of Law in Opposition,. Document filed by Lund Hill Solar, LLC, Montague Solar, LLC. (Attachments: #1 Exhibit 8/11/21 Lund Default Notice, #2 Exhibit 1/5/22 Letter, #3 Exhibit 2/17/22 Letter, #4 Exhibit 2/18/22 Letter, #5 Exhibit 3/4/22 Letter, #6 Exhibit 6/13/22 Lund Default Notice, #7 Exhibit 10/4/22 Lund Default Notice, #8 Exhibit 11/4/22 Lund Demand Letter, #9 Exhibit 2/24/23 Letter, #10 Exhibit 11/4/21 Montague Default Notice, #11 Exhibit 2/12/22 Letter, #12 Exhibit 3/16/22 Letter, #13 Exhibit 5/3/22 Letter, #14 Exhibit 11/17/22 Montague Demand Letter, #15 Exhibit 1/5/23 Letter, #16 Exhibit 6/2/23 Letter).(Brown, Judson) |
| Filing 42 ***SELECTED PARTIES***DECLARATION of Daniel Villavicencio Fernandez de Jauregui in Opposition re: #27 Order,,,,,, Set Deadlines/Hearings,,,,, #40 LETTER MOTION to Seal exhibits attached to the July 10, 2023 declarations of Stacey A. Martinson and Daniel Villavicencio Fernandez de Jauregui addressed to Judge Valerie E. Caproni from Judson Brown, P.C. dated 07/10/2023., #41 Memorandum of Law in Opposition,. Document filed by Montague Solar, LLC, Lund Hill Solar, LLC, JPMorgan Chase Bank, N.A., Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Exhibit 8/11/21 Lund Default Notice, #2 Exhibit 1/5/22 Letter, #3 Exhibit 2/17/22 Letter, #4 Exhibit 2/18/22 Letter, #5 Exhibit 3/4/22 Letter, #6 Exhibit 6/13/22 Lund Default Notice, #7 Exhibit 10/4/22 Lund Default Notice, #8 Exhibit 11/4/22 Lund Demand Letter, #9 Exhibit 2/24/23 Letter, #10 Exhibit 11/4/21 Montague Default Notice, #11 Exhibit 2/12/22 Letter, #12 Exhibit 3/16/22 Letter, #13 Exhibit 5/3/22 Letter, #14 Exhibit 11/17/22 Montague Demand Letter, #15 Exhibit 1/5/23 Letter, #16 Exhibit 6/2/23 Letter)Motion or Order to File Under Seal: #40 .(Brown, Judson) |
| Filing 41 MEMORANDUM OF LAW in Opposition re: #27 Order,,,,,, Set Deadlines/Hearings,,,,, / Opposition to Sterling's Motions for Temporary Restraining Order and Preliminary Injunction. Document filed by Lund Hill Solar, LLC, Montague Solar, LLC..(Brown, Judson) |
| Filing 40 LETTER MOTION to Seal exhibits attached to the July 10, 2023 declarations of Stacey A. Martinson and Daniel Villavicencio Fernandez de Jauregui addressed to Judge Valerie E. Caproni from Judson Brown, P.C. dated 07/10/2023. Document filed by Lund Hill Solar, LLC, Montague Solar, LLC..(Brown, Judson) |
| Filing 39 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Iberdrola, S.A., Corporate Parent Iberdrola, S.A., Corporate Parent Avangrid, Inc., Other Affiliate Avangrid Renewables, LLC, Other Affiliate Avangrid Renewables Holdings, Inc., Other Affiliate Aeolus Wind Power VIII, LLC, Other Affiliate BAL Investment & Advisory, Inc. for Montague Solar, LLC; Corporate Parent Iberdrola, S.A., Corporate Parent Avangrid, Inc., Other Affiliate JPM Capital Corporation, Other Affiliate Solis Solar Power I, LLC, Other Affiliate Avangrid Renewables, LLC, Other Affiliate Avangrid Renewables Holdings, Inc. for Lund Hill Solar, LLC. Document filed by Lund Hill Solar, LLC, Montague Solar, LLC..(Brown, Judson) |
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Filing 38
ORDER: IT IS HEREBY ORDERED that the exhibits are unsealed. The Clerk of Court is respectfully directed to unseal Dkts. 1 and 24. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/10/2023) (tg)
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| Filing 37 LETTER addressed to Judge Valerie E. Caproni from David R. Dehoney dated July 10, 2023 re: Order Entering Stipulation to Consolidate Cases. Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Exhibit Exhibit A - Order Entering Joint Stipulation).(Dehoney, David) |
| Filing 36 LETTER addressed to Judge Valerie E. Caproni from David R. Dehoney dated July 7, 2023 re: Notification of Stipulation to Consolidate Cases. Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Exhibit Exhibit A - Joint Stipulation and Agreed Order).(Dehoney, David) |
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Filing 35
MEMO ENDORSEMENT granting #33 MOTION for Matthew Ross Lasky to Appear Pro Hac Vice. ENDORSEMENT Application granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/7/2023) (jca)
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Filing 34
MEMO ENDORSEMENT granting #32 MOTION for Seth Eli Darmstadter to Appear Pro Hac Vice. ENDORSEMENT Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/7/2023) (jca)
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| Filing 33 MOTION for Matthew Ross Lasky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27969663. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Affidavit M. Lasky Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Admission from Supreme Court of Illinois, #3 Text of Proposed Order Proposed Order Granting M. Lasky Motion for Admission Pro Hac Vice).(Lasky, Matthew) |
| Filing 32 MOTION for Seth Eli Darmstadter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27969582. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Affidavit S. Darmstadter Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Admission from Supreme Court of Illinois, #3 Text of Proposed Order Proposed Order Granting S. Darmstadter Motion for Admission Pro Hac Vice).(Darmstadter, Seth) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for Seth Eli Darmstadter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27969582. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Matthew Ross Lasky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27969663. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh) |
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Filing 31
MEMO ENDORSEMENT granting #29 Motion to Appear Pro Hac Vice for Attorney Judson Brown, P.C.. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/6/2023) (tg)
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| Filing 30 NOTICE OF APPEARANCE by Alexia Renee Brancato on behalf of Lund Hill Solar, LLC..(Brancato, Alexia) |
| Filing 29 MOTION for Judson Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27965233. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lund Hill Solar, LLC. (Attachments: #1 Supplement Declaration in Support, #2 Exhibit 1- DC Certificate of Good Standing, #3 Exhibit 2- TN Certificate of Good Standing, #4 Text of Proposed Order Proposed Order).(Brown, Judson) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Judson Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27965233. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 7/5/2023. Attorney Seth Darmstadter present for the plaintiff. Attorney Paul Ferak present for the defendant. Court Reporter George Malinowski present. (anc) |
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Filing 28
ORDER granting #22 Letter Motion to Seal. Because this document directly bears on the merits of Plaintiff's request for a temporary restraining order, the Court finds that this document is a judicial document, and thus, a presumption of access applies. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). The asserted confidentiality interests do not outweigh this presumption of access to the document in its entirety. The Court finds that any sensitive business information may be adequately protected by redaction, rather than sealing the document in its entirety. Accordingly, the Court will temporarily grant the sealing request, but the document will be unsealed in its entirety by July 7, 2023, if Plaintiff does not submit a revised request to file a redacted version of the document in accordance with the Undersigned's Individual Practices not later than July 7, 2023. The Clerk of Court is respectfully directed to restrict viewing of the documents filed at Dkt. 1 to the Court and to the parties. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/5/2023) (tg) Modified on 7/6/2023 (tg).
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Filing 27
ORDER, IT IS HEREBY ORDERED that the temporary restraining order is DENIED as moot, and pursuant to the parties' stipulation, Chase is enjoined from distributing any funds pursuant to the pending request for payment under the Letter of Credit until further order of the Court, which will not be before July 19, 2023. IT IS FURTHER ORDERED that Lund Hill Solar, LLC's motion to intervene is GRANTED.IT IS FURTHER ORDERED that Lund Hill Solar, LLC, must file any brief in opposition to Plaintiff's motion to enjoin preliminarily Chase from paying Lund's request to draw down the Letter of Credit by July 10, 2023. Plaintiff's response, as well as any response from Chase, is due by July 17, 2023. IT IS FURTHER ORDERED that oral argument in this matter will be held on Wednesday, July 19, 2023, at 2:30 P.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. IT IS FURTHER ORDERED that the parties are advised that they may jointly request, at any time, a referral to the Court-annexed mediation program or to the assigned magistrate judge (Willis, M.J.) for a settlement conference. SO ORDERED. ( Responses due by 7/17/2023, Oral Argument set for 7/19/2023 at 02:30 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/5/23) (yv)
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| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED MOTION for Matthew R. Lasky to Appear Pro Hac Vice Proposed Order on Oral Motion. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sterling and Wilson Solar Solutions, Inc...(Lasky, Matthew) Modified on 7/5/2023 (dsh). |
| Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED MOTION for Seth E. Darmstadter to Appear Pro Hac Vice Proposed Order on Oral Motion. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sterling and Wilson Solar Solutions, Inc...(Lasky, Matthew) Modified on 7/5/2023 (dsh). |
| Filing 24 ***SELECTED PARTIES***REDACTION to #16 Complaint, #14 Affidavit in Support, Engineering, Procurement and Construction Agreement (Exhibit A to Complaint and Exhibit B-1 to Bhandari Declaration) by Sterling and Wilson Solar Solutions, Inc., JPMorgan Chase Bank, N.A.Motion or Order to File Under Seal: #22 .(Trevisani, Enrico) |
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Filing 23
ORDER: IT IS HEREBY ORDERED that a telephonic hearing in this matter will be held on Wednesday, July 5, 2023, at 4:30 P.M. All parties and any interested members of the public must attend by dialing 1-888-363-4749, using the access code 3121171, and the security code 5711. All attendees are advised to mute their phones when not speaking and to self-identify each time they speak. Recording or rebroadcasting the proceeding is strictly prohibited by law. SO ORDERED. ( Telephone Conference set for 7/5/2023 at 04:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/5/2023) (tg)
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| Filing 22 FIRST LETTER MOTION to Seal Engineering, Procurement and Construction Agreement (Exhibit A to Complaint and Exhibit B-1 to Bhandari Declaration) addressed to Judge Valerie E. Caproni from David R. Dehoney dated July 5, 2023. Document filed by Sterling and Wilson Solar Solutions, Inc...(Trevisani, Enrico) |
| Filing 21 NOTICE OF APPEARANCE by Daniel Post Filor on behalf of JPMorgan Chase Bank, N.A...(Filor, Daniel) |
| Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Seth Eli Darmstadter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Affidavit S. Darmstadter Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing from Illinois State Bar Assn, #3 Text of Proposed Order Proposed Order Granting S. Darmstadter Affidavit in Support of Motion for Admission Pro Hac Vice).(Darmstadter, Seth) Modified on 7/5/2023 (dsh). |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Matthew Ross Lasky to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Affidavit M. Lasky Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing from Illinois State Bar Assn, #3 Text of Proposed Order Proposed Order Granting M. Lasky Motion for Admission Pro Hac Vice).(Lasky, Matthew) Modified on 7/5/2023 (dsh). |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Seth Eli Darmstedter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Affidavit S. Darmstedter Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing from Illinois State Bar Assn, #3 Text of Proposed Order Proposed Order Granting S. Darmstedter Affidavit in Support of Motion for Admission Pro Hac Vice).(Darmstadter, Seth) Modified on 7/5/2023 (dsh). |
| Filing 17 CIVIL COVER SHEET filed..(Dehoney, David) |
| Filing 16 COMPLAINT against JPMorgan Chase Bank, N.A.. Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Exhibit Exhibit A Sealed EPC Agreement, #2 Exhibit Exhibit B Lund Hill Sterling and Wilson EPC First Amendment, #3 Exhibit Exhibit C Commercial Operation Certificate, #4 Exhibit Exhibit D Lund Hill Solar Press Release).(Dehoney, David) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to JPMorgan Chase Bank, N.A.. (vf) |
| Filing 14 AFFIDAVIT of Gaurav Bhandari in Support re: #11 Proposed Temporary Restraining Order. Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Exhibit Exhibit A Letter JPMC to Lund Hill Solar, #2 Exhibit Exhibit B1 Sealed EPC Agreement, #3 Exhibit Exhibit B2 Lund Hill Sterling and Wilson EPC First Amendment, #4 Exhibit Exhibit C Commercial Operation Certificate, #5 Exhibit Exhibit D Lund Hill Solar Press Release).(Dehoney, David) |
| Filing 13 AFFIDAVIT of Bahadur Sam Dastoor in Support re: #11 Proposed Temporary Restraining Order. Document filed by Sterling and Wilson Solar Solutions, Inc...(Dehoney, David) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 Proposed Temporary Restraining Order PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. Document filed by Sterling and Wilson Solar Solutions, Inc...(Dehoney, David) |
| Filing 11 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Sterling and Wilson Solar Solutions, Inc...(Dehoney, David) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Ryan Dehoney. The party information for the following party/parties has been modified: J. P. Morgan Chase Bank. The information for the party/parties has been modified for the following reason/reasons: party name entered incorrectly. (vf) |
| Pro Hac Vice Fee Due: for #20 MOTION for Seth Eli Darmstadter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #19 MOTION for Matthew Ross Lasky to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #18 MOTION for Seth Eli Darmstedter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff...(dsh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Ryan Dehoney. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David Ryan Dehoney to RE-FILE Document No. #6 Civil Cover Sheet, #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. Form is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Ryan Dehoney to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. 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. (vf) |
| Magistrate Judge Jennifer Willis 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(vf) |
| Pro Hac Vice Fee Due: for #25 PROPOSED MOTION for Seth E. Darmstadter to Appear Pro Hac Vice Proposed Order on Oral Motion. Motion and supporting papers to be reviewed by Clerk's Office staff., #26 PROPOSED MOTION for Matthew R. Lasky to Appear Pro Hac Vice Proposed Order on Oral Motion. Motion and supporting papers to be reviewed by Clerk's Office staff...(dsh) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #20 MOTION for Seth Eli Darmstadter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #18 MOTION for Seth Eli Darmstedter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from The Supreme Court of Illinois; the filing fee was not paid;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (dsh) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #25 PROPOSED MOTION for Seth E. Darmstadter to Appear Pro Hac Vice Proposed Order on Oral Motion. Motion and supporting papers to be reviewed by Clerk's Office staff., #26 PROPOSED MOTION for Matthew R. Lasky to Appear Pro Hac Vice Proposed Order on Oral Motion. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from The Supreme Court of Illinois; the filing fee was not paid;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (dsh) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Ryan Dehoney to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Form is Blank. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #11 Proposed Temporary Restraining Order was reviewed and approved as to form. (nd) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #19 MOTION for Matthew Ross Lasky to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from The Supreme Court of Illinois; the filing fee was not paid;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (dsh) |
| Filing 10 NOTICE OF APPEARANCE by Enrico Trevisani on behalf of Sterling and Wilson Solar Solutions, Inc...(Trevisani, Enrico) |
| Filing 9 NOTICE OF APPEARANCE by David Ryan Dehoney on behalf of Sterling and Wilson Solar Solutions, Inc...(Dehoney, David) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sterling and Wilson International Solar FZCO for Sterling and Wilson Solar Solutions, Inc.. Document filed by Sterling and Wilson Solar Solutions, Inc...(Dehoney, David) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to JPMorgan Chase Bank, N.A., re: #1 Complaint,. Document filed by Sterling and Wilson Solar Solutions, Inc...(Dehoney, David) |
| Filing 6 FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Dehoney, David) Modified on 7/5/2023 (vf). |
| Filing 5 NOTICE OF APPEARANCE by David Ryan Dehoney on behalf of Sterling and Wilson Solar Solutions, Inc...(Dehoney, David) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sterling and Wilson International Solar FZCO for Sterling and Wilson Solar Solutions, Inc.. Document filed by Sterling and Wilson Solar Solutions, Inc...(Dehoney, David) |
| Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUESTED BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to JPMorgan Chase Bank, N.A., re: #1 Complaint,. Document filed by Sterling and Wilson Solar Solutions, Inc.(Dehoney, David) Modified on 7/5/2023 (vf). |
| Filing 2 FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Dehoney, David) Modified on 7/5/2023 (vf). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Sterling and Wilson Solar Solutions, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27953406)Document filed by Sterling and Wilson Solar Solutions, Inc.. (Attachments: #1 Exhibit Exhibit A Lund Hill Sterling and Wilson EPC Agreement, #2 Exhibit Exhibit B Lund Hill Sterling and Wilson EPC First Amendment, #3 Exhibit Exhibit C Commercial Operation Certificate, #4 Exhibit Exhibit D Lund Hill Solar Press Release).(Dehoney, David) Modified on 7/5/2023 (vf). |
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