Peck et al v. Greenberg et al
| Ian S. Peck, ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC and Pegasus Credit Company LLC |
| Gary Greenberg, Art Fund III LLC, Colorado Art Holdings LLC, GB Fund LLC, Loans on Fine Art LLC and Lotus Investment Corp. |
| 1:2023cv05717 |
| July 5, 2023 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Other Statutes: Arbitration |
| 09 U.S.C. § 12 Petition to Vacate Arbitration Award |
| None |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 08/22/2023 was not held.(ah) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 8/23/2023 at 11:30 AM in telephone or video conference.(ah) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 8/22/2023 at 11:30 AM in telephone or video conference.(mnp) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 9/13/2023.(sge) |
| Filing 39 REPLY MEMORANDUM OF LAW in Support re: #5 MOTION to Vacate Arbitration . . Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
Filing 38
ORDER granting #35 Letter Motion for Extension of Time to File Response/Reply re #35 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jennifer H. Rearden from Matthew J. Press dated July 17, 2023. Application GRANTED. The deadline for Petitioners Ian Peck, ACG Arrangement Services, ACG Capital Company, LLC, Modern Art Services, LLC and Pegasus Credit Company LLC to file their reply is extended to July 27, 2023. The foregoing ruling shall not be construed as determining, or bearing on, the other pending applications in this matter or in the related action, Loans on Fine Art LLC v. Ian Peck, et al., No. 23-cv-04143. The Clerk of Court is directed to terminate ECF No. 35. SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 7/19/2023) Replies due by 7/27/2023. (ks)
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Filing 37
MEDIATION REFERRAL ORDER: This case is hereby referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in good faith. Absent leave of Court, all deadlines shall be stayed until the conclusion of mediation. The Court specifically requests that a mediator with expertise in complex commercial matters and arbitration process be assigned. The Court further requests that mediation in this action be carried out jointly with mediation in the related action, Loans on Fine Art LLC v. Peck et al., No. 23-cv-04143. The Court expects the parties to commence mediation promptly, and to the extent possible, by August 10, 2023. Within three days of completing mediation, the parties shall file a joint letter apprising the Court of the outcome. If the case was not resolved, the letter shall propose next steps. The Clerk of Court is directed to stay all deadlines, with the exception of any deadlines pertaining to the pending Motion to Vacate the Arbitration Award (ECF No. 5). SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647.( Mediator to be Assigned by 8/2/2023.) (Signed by Judge Jennifer H. Rearden on 7/19/2023) (ks)
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| Filing 36 LETTER RESPONSE in Opposition to Motion addressed to Judge Jennifer H. Rearden from Nathan A. Holcomb dated July 18, 2023 re: #35 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jennifer H. Rearden from Matthew J. Press dated July 17, 2023. . Document filed by Art Fund III LLC, Colorado Art Holdings LLC, GB Fund LLC, Gary Greenberg, Loans on Fine Art LLC, Lotus Investment Corp...(Holcomb, Nathan) |
| Filing 35 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jennifer H. Rearden from Matthew J. Press dated July 17, 2023. Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 34 RESPONSE in Opposition to Motion re: #5 MOTION to Vacate Arbitration . Joinder in Motion to Consolidate and Opposition to Motion to Vacate filed by Loans on Fine Art LLC in related case no. 23-cv-04143. Document filed by Art Fund III LLC, Colorado Art Holdings LLC, GB Fund LLC, Gary Greenberg, Loans on Fine Art LLC, Lotus Investment Corp...(Holcomb, Nathan) |
| Filing 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Gary Greenberg, Other Affiliate Loans on Fine Art LLC, Other Affiliate Art Fund III LLC, Other Affiliate Colorado Art Holdings LLC, Other Affiliate Lotus Investment Corp. for GB Fund LLC; Other Affiliate Gary Greenberg, Other Affiliate Art Fund III LLC, Other Affiliate Colorado Art Holdings LLC, Other Affiliate GB Fund LLC, Other Affiliate Lotus Investment Corp. for Loans on Fine Art LLC; Other Affiliate Loans on Fine Art LLC, Other Affiliate Art Fund III LLC, Other Affiliate Colorado Art Holdings LLC, Other Affiliate GB Fund LLC, Other Affiliate Lotus Investment Corp. for Gary Greenberg; Other Affiliate Gary Greenberg, Other Affiliate Loans on Fine Art LLC, Other Affiliate Art Fund III LLC, Other Affiliate GB Fund LLC, Other Affiliate Lotus Investment Corp. for Colorado Art Holdings LLC; Other Affiliate Gary Greenberg, Other Affiliate Loans on Fine Art LLC, Other Affiliate Colorado Art Holdings LLC, Other Affiliate GB Fund LLC, Other Affiliate Lotus Investment Corp. for Art Fund III LLC; Other Affiliate Gary Greenberg, Other Affiliate Loans on Fine Art LLC, Other Affiliate Art Fund III LLC, Other Affiliate Colorado Art Holdings LLC, Other Affiliate GB Fund LLC for Lotus Investment Corp.. Document filed by Art Fund III LLC, Colorado Art Holdings LLC, GB Fund LLC, Gary Greenberg, Loans on Fine Art LLC, Lotus Investment Corp...(Holcomb, Nathan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Nathan A. Holcomb to RE-FILE Document No. #32 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 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. (kj) |
| Filing 32 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Art Fund III LLC, Colorado Art Holdings LLC, GB Fund LLC, Gary Greenberg, Loans on Fine Art LLC, Lotus Investment Corp...(Holcomb, Nathan) Modified on 7/12/2023 (kj). |
| Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Art Fund III LLC, Colorado Art Holdings LLC, GB Fund LLC, Gary Greenberg, Loans on Fine Art LLC, Lotus Investment Corp...(Holcomb, Nathan) Modified on 7/11/2023 (kj). |
| Filing 30 NOTICE OF APPEARANCE by Nathan A. Holcomb on behalf of Art Fund III LLC, Colorado Art Holdings LLC, GB Fund LLC, Gary Greenberg, Loans on Fine Art LLC, Lotus Investment Corp...(Holcomb, Nathan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Nathan Holcomb to RE-FILE Document No. #31 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added; 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. (kj) |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to Colorado Art Holdings LLC..(pc) |
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-04143-JHR. Notice of Assignment to follow. (sgz) |
| NOTICE OF CASE REASSIGNMENT to Judge Jennifer H. Rearden. Judge Unassigned is no longer assigned to the case. (sgz) |
| 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. (sgz) |
| Filing 28 REQUEST FOR ISSUANCE OF SUMMONS as to Colorado Art Holdings LLC, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 27 ELECTRONIC SUMMONS ISSUED as to Lotus Investment Corp...(jgo) |
| Filing 26 ELECTRONIC SUMMONS ISSUED as to Loans on Fine Art LLC..(jgo) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to GB Fund LLC..(jgo) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Gary Greenberg..(jgo) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Art Fund III LLC..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Matthew J. Press to RE-FILE Document No. #17 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. 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. (jgo) |
| Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Loans on Fine Art LLC, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Gary Greenberg, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Art Fund III LLC, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Lotus Investment Corp., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to GB Fund LLC, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 17 FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Colorado Art Holdings LLC, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) Modified on 7/7/2023 (jgo). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Matthew J. Press to RE-FILE Document No. #7 Request for Issuance of Summons, #9 Request for Issuance of Summons, #10 Request for Issuance of Summons, #12 Request for Issuance of Summons, #8 Request for Issuance of Summons, #11 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons;. 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. (jgo) |
| CASE REFERRED TO Judge Jennifer H. Rearden as possibly related to 23-cv-4143. (jgo) |
| Filing 16 NOTICE Subpoena Duces Tecum as to Winston Art Group document(s): Schedule A Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 15 NOTICE Subpoena Duces Tecum as to Elizabeth von Habsburg document(s): Schedule A on August 24, 2023 at 9:30 a.m..Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 14 NOTICE Subpoena Duces Tecum as to Geza von Habsburg document(s): Schedule A on August 23, 2023 at 9:30 a.m..Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 13 NOTICE Subpoena Duces Tecum as to Winston Art Group document(s): Schedule A on August 22, 2023 at 9:30 a.m..Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 12 FILING ERROR - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Lotus Investment Corp., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by Lotus Investment Corp...(Press, Matthew) Modified on 7/6/2023 (jgo). |
| Filing 11 FILING ERROR - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Loans on Fine Art LLC, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by Loans on Fine Art LLC..(Press, Matthew) Modified on 7/6/2023 (jgo). |
| Filing 10 FILING ERROR - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Gary Greenberg, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by Gary Greenberg..(Press, Matthew) Modified on 7/6/2023 (jgo). |
| Filing 9 FILING ERROR - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to GB Fund LLC, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by GB Fund LLC..(Press, Matthew) Modified on 7/6/2023 (jgo). |
| Filing 8 FILING ERROR - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Colorado Art Holdings LLC, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by Colorado Art Holdings LLC..(Press, Matthew) Modified on 7/6/2023 (jgo). |
| Filing 7 FILING ERROR - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Art Fund III LLC, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,. Document filed by Art Fund III LLC..(Press, Matthew) Modified on 7/6/2023 (jgo). |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION to Vacate Arbitration . . Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 5 MOTION to Vacate Arbitration . Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 23-CV-4143 (JHR). Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ACG Arrangement Services LLC, ACG Capital Company LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC..(Press, Matthew) |
| Filing 2 CIVIL COVER SHEET filed..(Press, Matthew) |
| Filing 1 PETITION TO Vacate ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-27953873).Document filed by ACG Capital Company LLC, Art Fund III LLC, ACG Arrangement Services LLC, Modern Art Services LLC, Ian S. Peck, Pegasus Credit Company LLC. (Attachments: #1 Affidavit Declaration of Matthew J. Press, #2 Exhibit Arbitrators Decision, #3 Exhibit Arbitrator's Final Award, #4 Exhibit Affidavit of Ian S. Peck, #5 Exhibit Opposition to Motion for Summary Disposition, #6 Exhibit Settlement Agreement, #7 Exhibit Hearing Transcript Day 2, #8 Exhibit Hearing Transcript Day 1, #9 Exhibit Affidavit of Ian Peck, #10 Exhibit Affirmation of Matthew J. Press, #11 Exhibit USPAP Rules 1-4, #12 Exhibit Hunter 2021 Appraisal, #13 Exhibit Pre-hearing Brief, #14 Exhibit 2019 Appraisal, #15 Exhibit Post Hearing Brief, #16 Exhibit Winston Art Group Subpoena, #17 Exhibit Sarto Sale Price, #18 Exhibit Rebuttal Report of Robert Simon).(Press, Matthew) |
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