HTI Financial Solutions Limited v. Manhattan SMI KG Properties Finance Limited et al
| HTI FINANCIAL SOLUTIONS, LIMITED and HTI Financial Solutions Limited |
| MANHATTAN SMI KG PROPERTIES FINANCE LIMITED, SMI USA GROUP LLC f/k/a SHANGHAI MUNICIPAL INVESTMENT GROUP USA LLC, SMI 520 FIFTH AVE LLC, 520 FIFTH OWNER LLC, KG FIFTH AVE INVESTMENT LLC, SMI USA Group LLC and Shanghai Municipal Investment Group USA LLC |
| 1:2024cv00237 |
| January 11, 2024 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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| Filing 42 DECLARATION of Anthony P. Coles in Support re: #40 MOTION for Default Judgment as to defendants (i) Manhattan SMI KG Properties Finance Limited; (ii) SMI USA Group LLC, f/k/a Shanghai Municipal Investment (Group) USA LLC; (iii) SMI 520 Fifth Ave LLC; (iv) 520 Fifth Owner LLC; and (v) KG Fifth Av. Document filed by HTI Financial Solutions Limited. (Attachments: #1 Exhibit A Complaint, #2 Exhibit B - Certificate of Service as to SMI Issuer, #3 Exhibit C - Clerk's Certificate of Default as to SMI Issuer, #4 Exhibit D - Certificate of Service as to SMI USA, #5 Exhibit E - Clerk's Certificate of Default as to SMI USA, #6 Exhibit F - Certificate of Service as to SMI Fifth Ave, #7 Exhibit G - Clerk's Certificate of Default as to SMI Fifth Ave, #8 Exhibit H - Certificate of Service as to 520 Fifth Owner, #9 Exhibit I - Clerk's Certificate of Default as to 520 Fifth Owner, #10 Exhibit J - Certificate of Service on Delaware Secretary of State as to KG Fifth, #11 Exhibit K - Letter from Delaware Secretary of State, Division of Corporations, #12 Exhibit L - Certificate of Service on Tom Tao as to KG Fifth, #13 Exhibit M - Clerk's Certificate of Default as to KG Fifth).(Coles, Anthony) |
| Filing 41 MEMORANDUM OF LAW in Support re: #40 MOTION for Default Judgment as to defendants (i) Manhattan SMI KG Properties Finance Limited; (ii) SMI USA Group LLC, f/k/a Shanghai Municipal Investment (Group) USA LLC; (iii) SMI 520 Fifth Ave LLC; (iv) 520 Fifth Owner LLC; and (v) KG Fifth Av . Document filed by HTI Financial Solutions Limited..(Coles, Anthony) |
| Filing 40 MOTION for Default Judgment as to defendants (i) Manhattan SMI KG Properties Finance Limited; (ii) SMI USA Group LLC, f/k/a Shanghai Municipal Investment (Group) USA LLC; (iii) SMI 520 Fifth Ave LLC; (iv) 520 Fifth Owner LLC; and (v) KG Fifth Ave Investment LLC. Document filed by HTI Financial Solutions Limited. (Attachments: #1 Proposed Order Proposed Order).(Coles, Anthony) |
| Filing 39 CLERK'S CERTIFICATE OF DEFAULT as to SMI 520 Fifth Ave LLC.(km) |
| Filing 38 CLERK'S CERTIFICATE OF DEFAULT as to KG Fifth Ave Investment LLC.(km) |
| Filing 37 CLERK'S CERTIFICATE OF DEFAULT 520 Fifth Owner LLC.(km) |
| Filing 36 CLERK'S CERTIFICATE OF DEFAULT as to SMI KG Properties Finance Limited.(km) (Main Document 36 replaced on 3/1/2024) (km). |
| Filing 35 CLERK'S CERTIFICATE OF DEFAULT as to SMI USA Group LLC.(km) (Main Document 35 replaced on 3/1/2024) (km). |
| Filing 34 DECLARATION of Anthony P. Coles in Support re: #33 Proposed Clerk's Certificate of Default. Document filed by HTI Financial Solutions Limited. (Attachments: #1 Exhibit Request for Default as to SMI 520 Fifth Ave LLC).(Coles, Anthony) |
| Filing 33 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/1/2024 (km). |
| Filing 32 DECLARATION of Anthony P. Coles in Support re: #31 Proposed Clerk's Certificate of Default. Document filed by HTI Financial Solutions Limited. (Attachments: #1 Exhibit Request for Default as to KG Fifth Ave Investment LLC).(Coles, Anthony) |
| Filing 31 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/1/2024 (km). |
| Filing 30 DECLARATION of Anthony P. Coles re: #29 Proposed Clerk's Certificate of Default . Document filed by HTI Financial Solutions Limited. (Attachments: #1 Exhibit Request for Default as to 520 Fifth Owner LLC).(Coles, Anthony) |
| Filing 29 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/1/2024 (km). |
| Filing 28 DECLARATION of Anthony P. Coles in Support re: #27 Proposed Clerk's Certificate of Default. Document filed by HTI Financial Solutions Limited. (Attachments: #1 Exhibit Request for Default as to Manhattan SMI KG Properties Finance Limited).(Coles, Anthony) |
| Filing 27 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/1/2024 (km). |
| Filing 26 DECLARATION of Anthony P. Coles In Support of Request For Certificate of Default as to Defendant SMI USA Group LLC. Document filed by HTI Financial Solutions Limited. (Attachments: #1 Exhibit Request for Default, #2 Exhibit Letter, #3 Exhibit Email, #4 Exhibit Email Communication).(Coles, Anthony) |
| Filing 25 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/1/2024 (km). |
| Filing 24 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Anthony P. Coles re: #23 Proposed Clerk's Certificate of Default . Document filed by HTI Financial Solutions Limited. (Attachments: #1 Supplement Request for Default.pdf, #2 Exhibit Letter, #3 Exhibit Email, #4 Exhibit Email Communication).(Coles, Anthony) Modified on 2/29/2024 (km). |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/29/2024 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Anthony Coles. RE-FILE Document No. #23 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): The supporting document was not filed correctly. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (km) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Anthony Coles to RE-FILE Document #24 Affidavit. Use the event type Other Answers, Declaration in support of a non-motion. (km) |
| Filing 22 SUMMONS RETURNED EXECUTED Summons and Complaint,,,, served. KG Fifth Ave Investment LLC served on 2/6/2024, answer due 2/27/2024. Service was accepted by Tom Tao, Chairman/Authorized Person. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) |
| Filing 21 SUMMONS RETURNED EXECUTED Summons and Complaint,,,, served. Manhattan SMI KG Properties Finance Limited served on 2/6/2024, answer due 2/27/2024. Service was accepted by Tom Tao, Chairman/Authorized Person. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) |
| Filing 20 SUMMONS RETURNED EXECUTED Summons and Complaint,,,, served. KG Fifth Ave Investment LLC served on 1/22/2024, answer due 2/12/2024. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) |
| Filing 19 SUMMONS RETURNED EXECUTED Summons and Complaint,,,, served. 520 Fifth Owner LLC served on 1/17/2024, answer due 2/7/2024. Service was accepted by Robin Hutt-Banks, Intake Specialist. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) |
| Filing 18 SUMMONS RETURNED EXECUTED Summons and Complaint,,,, served. SMI USA Group LLC served on 1/19/2024, answer due 2/9/2024. Service was accepted by Lisa Kline, Mail Room Specialist. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) |
| Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint,,,, served. SMI 520 Fifth Ave LLC served on 1/19/2024, answer due 2/9/2024. Service was accepted by Lisa Kline, Mail Room Specialist. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to SMI USA Group LLC..(jgo) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to SMI 520 Fifth Ave LLC..(jgo) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to KG Fifth Ave Investment LLC..(jgo) |
| Filing 13 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/22/2024 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 1/17/2024) (vfr) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to KG FIFTH AVE INVESTMENT LLC, re: #1 Complaint,,,,. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to SMI 520 FIFTH AVE LLC, re: #1 Complaint,,,,. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to SMI USA Group LLC, re: #1 Complaint,,,,. Document filed by HTI Financial Solutions Limited..(Coles, Anthony) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Manhattan SMI KG Properties Finance Limited. (vf) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to 520 Fifth Owner LLC. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Anthony Paul Coles to RE-FILE Document No. #3 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 here # NYSD form page (lb) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Anthony Paul Coles. The following case opening statistical information was erroneously selected/entered: Dollar Demand $300000000000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 9,999,000; the County code has been modified to XX Out of U.S. (vf) |
| Magistrate Judge James L. Cott is designated to handle matters that may be referred in this case. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anthony Paul Coles. The party information for the following party/parties has been modified: 520 FIFTH OWNER LLC, KG FIFTH AVE INVESTMENT LLC, MANHATTAN SMI KG PROPERTIES FINANCE LIMITED, SMI 520 FIFTH AVE LLC, SMI USA GROUP LLC f/k/a SHANGHAI MUNICIPAL INVESTMENT GROUP USA LLC, HTI FINANCIAL SOLUTIONS, LIMITED. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Anthony Paul Coles to RE-FILE Document No. #6 Request for Issuance of Summons, #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the official A.O. Summons form was completed by the attorney; ECF Docket Entry Party name error. Enter the party name as to whom summons is issued for when prompted in ECF. 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) |
| Case Designated ECF. (vf) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Manhattan SMI KG Properties Finance Limited, re: #1 Complaint,,,,. Document filed by HTI FINANCIAL SOLUTIONS, LIMITED..(Coles, Anthony) |
| Filing 6 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to SMI USA Group LLC, re: #1 Complaint. Document filed by HTI FINANCIAL SOLUTIONS, LIMITED..(Coles, Anthony) Modified on 1/12/2024 (vf). |
| Filing 5 FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to SMI 520 Fifth Avenue LLC, re: #1 Complaint,,,,. Document filed by HTI FINANCIAL SOLUTIONS, LIMITED..(Coles, Anthony) Modified on 1/12/2024 (vf). |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to SMI 520 Fifth Owner LLC, re: #1 Complaint,,,,. Document filed by HTI FINANCIAL SOLUTIONS, LIMITED..(Coles, Anthony) |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Haitong International Securities Group Limited for HTI FINANCIAL SOLUTIONS, LIMITED. Document filed by HTI FINANCIAL SOLUTIONS, LIMITED..(Coles, Anthony) Modified on 1/12/2024 (lb). |
| Filing 2 CIVIL COVER SHEET filed..(Coles, Anthony) |
| Filing 1 COMPLAINT against 520 FIFTH OWNER LLC, KG FIFTH AVE INVESTMENT LLC, MANHATTAN SMI KG PROPERTIES FINANCE LIMITED, SMI 520 FIFTH AVE LLC, SMI USA GROUP LLC f/k/a SHANGHAI MUNICIPAL INVESTMENT GROUP USA LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-28801060)Document filed by HTI FINANCIAL SOLUTIONS, LIMITED. (Attachments: #1 Exhibit Ex. A - Pledge and Security Agreement dated 22 June 2017, #2 Exhibit Ex. B - Guaranty dated 22 June 2017, #3 Exhibit Ex. C - 520 Fifth Avenue Title Record, #4 Exhibit Ex. D - Bonds Purchase Agreement dated 22 June 2017, #5 Exhibit Ex. E - Amended and Restated Guarantee, #6 Exhibit Ex. F - Amended and Restated Bonds Purchase Agreement, #7 Exhibit Ex. G - Forbearance Agreement and Amendment to Bonds Purchase Agreement, #8 Exhibit Ex. H - Transfer and Exchange Agreement, dated Dec. 16, 2020, #9 Exhibit Ex. I - SMI Repayment Amount Notification Letter, #10 Exhibit Ex. J - SMI Central Park Tower LLC Title Search (2022-2023), #11 Exhibit Ex. K - 2020.12.16 - Amended and Restated Pledge and Security Agreement).(Coles, Anthony) |
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