Steel River Systems, LLC v. Variant Alternative Income Fund et al
| Steel River Systems, LLC |
| Pier Special Opportunities Fund, LP, Variant Alternative Income Fund and Greenhill Debt Management, LLP |
| 1:2024cv08676 |
| November 14, 2024 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 50 MEMO ENDORSEMENT on re: #49 Notice (Other) filed by Greenhill Debt Management, LLP. ENDORSEMENT: This Court will hold defendant's application in abeyance until defendant has obtained counsel. Defendant's counsel should file a notice of appearance on or before January 23, 2025. (Signed by Judge Naomi Reice Buchwald on 1/9/2025) (mml) |
| Filing 49 NOTICE of MOTION Joinder submission and Rule 7.a Disclosure Statement. Document filed by Greenhill Debt Management, LLP. (sgz) |
| Filing 48 LETTER addressed to Judge Naomi Reice Buchwald from Marc R. Rosen dated 1/8/2025 re: Dkt. No. 7 Motion to Seal. Document filed by Pier Special Opportunities Fund, LP..(Rosen, Marc) |
| Filing 47 NOTICE OF APPEARANCE by Taeler K. Lanser on behalf of Pier Special Opportunities Fund, LP..(Lanser, Taeler) |
| Filing 46 NOTICE OF APPEARANCE by Marc R. Rosen on behalf of Pier Special Opportunities Fund, LP..(Rosen, Marc) |
| Filing 45 JOINDER to join re: #39 Memorandum of Law in Opposition to Motion, #43 Declaration in Support of Motion, #42 Memorandum of Law in Support of Motion, #40 Declaration in Opposition to Motion, #41 MOTION to Dismiss Complaint. . Document filed by Pier Special Opportunities Fund, LP..(Rosen, Marc) |
| Filing 44 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pier Special Opportunities Fund, LP..(Rosen, Marc) |
| Filing 43 DECLARATION of Curt Fintel in Support re: #41 MOTION to Dismiss Complaint.. Document filed by Variant Alternative Income Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Rosen, Marc) |
| Filing 42 MEMORANDUM OF LAW in Support re: #41 MOTION to Dismiss Complaint. . Document filed by Variant Alternative Income Fund..(Rosen, Marc) |
| Filing 41 MOTION to Dismiss Complaint. Document filed by Variant Alternative Income Fund. Responses due by 1/17/2025.(Rosen, Marc) |
| Filing 40 DECLARATION of Curt Fintel in Opposition re: #3 EMERGENCY MOTION for Preliminary Injunction .EMERGENCY MOTION for Temporary Restraining Order seeking Order enjoining Defendant from proceeding with its 11/21/24 notice of sale.. Document filed by Variant Alternative Income Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Rosen, Marc) |
| Filing 39 MEMORANDUM OF LAW in Opposition re: #3 EMERGENCY MOTION for Preliminary Injunction .EMERGENCY MOTION for Temporary Restraining Order seeking Order enjoining Defendant from proceeding with its 11/21/24 notice of sale. . Document filed by Variant Alternative Income Fund..(Rosen, Marc) |
| Filing 38 LETTER addressed to Judge Naomi Reice Buchwald from Taeler K. Lanser dated Dec. 20, 2024 re: Rule 2(E)(1) of Your Honor's Individual Practices. Document filed by Variant Alternative Income Fund..(Rosen, Marc) |
Filing 37
ORDER FOR ADMISSION PRO HAC VIC granting #36 Motion for Nicole Strickler to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Naomi Reice Buchwald on 12/17/2024) (sgz)
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| Filing 36 MOTION for Nicole Strickler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steel River Systems, LLC. (Attachments: #1 Affidavit AFFIDAVIT IN SUPPORT OF MOTION TO ADMIT COUNSEL PRO HAC VICE, #2 Proposed Order Proposed Order, #3 Exhibit IN COGS, #4 Exhibit WI COGS, #5 Exhibit MI COGS, #6 Exhibit WA COGS, #7 Exhibit IL COGS).(Quinn, Lori) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Nicole Strickler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
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Filing 35
ORDER This matter having come before the court upon Steel River Systems, LLCs ("Plaintiff") motion for a preliminary injunction (the "Injunction Motion") seeking an order enjoining Defendants Variant Alternative Income Fund, Pier Special Opportunities Fund LP, and Greenhill Debt Management, LLP (together, Defendants) from employing any methods of enforcement or collection of any debt allegedly owed by Plaintiff to Defendants, and seeking other relief (Dkt. No. 3); the Court having set a briefing schedule for the Injunction Motion (Dkt. No. 27); Defendants having filed a request for a pre-motion conference in connection with their anticipated motion to dismiss the complaint filed by Plaintiff (the Dismissal Motion) (Dkt. No. 29); and Plaintiff and Defendants having agreed to briefing schedules on the Injunction Motion and Dismissal Motion, so they may be submitted simultaneously, it is hereby ORDERED that, with respect to the Injunction Motion, the current briefing schedule is adjourned to the following dates: Defendants opposition by December 20, 2024 and Plaintiff's reply by January 17, 2025; IT IS FURTHER ORDERED that, with respect to the Dismissal Motion, Defendants are authorized to file its motion to dismiss in accordance with the following briefing schedule: Defendants motion by December 20, 2024, Plaintiff's opposition by January 17, 2025, and Defendants reply by February 4, 2025. SO ORDERED. (Motions due by 12/20/2024., Replies due by 2/4/2025., Responses due by 1/17/2025) (Signed by Judge Naomi Reice Buchwald on 12/13/2024) (jca)
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| Filing 34 LETTER addressed to Judge Naomi Reice Buchwald from Marc R. Rosen dated 12/11/2024 re: Extension of Briefing Schedule for Injunction Motion. Document filed by Variant Alternative Income Fund..(Rosen, Marc) |
| Filing 33 FILING ERROR - PDF ERROR - MOTION for Nicole Strickler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steel River Systems, LLC. (Attachments: #1 Affidavit AFFIDAVIT IN SUPPORT OF MOTION TO ADMIT COUNSEL PRO HAC VICE, #2 Proposed Order Proposed Order, #3 Exhibit IN COGS, #4 Exhibit WI COGS, #5 Exhibit WA COGS, #6 Exhibit MI COGS, #7 Exhibit IL COGS).(Quinn, Lori) Modified on 12/9/2024 (bc). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #33 MOTION for Nicole Strickler 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 Supreme Court of Illinois; Please contact Supreme Court of Illinois 217-782-2035. 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.. (bc) |
| Filing 32 FILING ERROR - PDF ERROR - FIRST MOTION for Nicole M Strickler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steel River Systems, LLC. (Attachments: #1 Proposed Order Proposed Order, #2 Affidavit NS Affy, #3 Exhibit IN COGS, #4 Exhibit WI COGS, #5 Exhibit WA COGS, #6 Exhibit IL COGS, #7 Exhibit MI COGS).(Strickler, Nicole) Modified on 12/6/2024 (bc). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #32 FIRST MOTION for Nicole M Strickler 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 Supreme Court of Illinois and Michigan;. 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.. (bc) |
| Filing 31 LETTER addressed to Judge Naomi Reice Buchwald from Lori J. Quinn dated December 2, 2024 re: #29 Letter Motion of Variant dated 11/26/2024. Document filed by Steel River Systems, LLC..(Quinn, Lori) |
| Filing 30 LETTER addressed to Judge Naomi Reice Buchwald from Marc R. Rosen dated 11/26/2024 re: Plaintiffs Motion to Seal. Document filed by Variant Alternative Income Fund..(Rosen, Marc) |
| Filing 29 LETTER addressed to Judge Naomi Reice Buchwald from Marc R. Rosen dated 11/26/2024 re: Request for pre-motion conference. Document filed by Variant Alternative Income Fund..(Rosen, Marc) |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nicole M. Strickler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30236208. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steel River Systems, LLC. (Attachments: #1 Affidavit Affidavit of Nicole Strickler, #2 Exhibit Certificate of Good Standing - Indiana, #3 Exhibit Certificate of Good Standing - Wisconsin, #4 Exhibit Certificate of Good Standing - Washington, #5 Exhibit Certificate of Good Standing - Illinois, #6 Exhibit Certificate of Good Standing - Michigan, #7 Proposed Order Proposed Order - Motion to Appear Pro Hac Vice).(Strickler, Nicole) Modified on 11/25/2024 (rju). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #28 MOTION for Nicole M. Strickler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30236208. 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 Supreme Court of Illinois; Supreme Court of Michigan;. 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.. (rju) |
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Filing 27
ORDER denying as moot #3 Motion for TRO. It is hereby ORDERED that Plaintiff's request for a temporary restraining order (ECF 3-5, 23) is denied as moot because the Sale was voluntarily adjourned by Defendants pending the resolution of the Injunction Motion; IT IS FURTHER ORDERED that the parties' right to appeal this Court's decision is preserved; and IT IS FURTHER ORDERED that Defendants shall submit their opposition to the balance of the Injunction Motion by no later than December 13, 2024, and that Plaintiff shall submit its reply by no later than January 6, 2025. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 11/21/2024) (tg)
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| Set/Reset Deadlines: Responses due by 12/13/2024 Replies due by 1/6/2025. (tg) |
| Filing 26 LETTER addressed to Judge Naomi Reice Buchwald from Taeler K. Lanser dated 11.21.2024 re: Preliminary Injunction Motion (ECF No 3-6, 12, 22). Document filed by Variant Alternative Income Fund..(Lanser, Taeler) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Pier Special Opportunities Fund, LP..(gp) |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Conference held on 11/19/2024. (ade) |
| Filing 24 REQUEST FOR ISSUANCE OF SUMMONS as to Pier Special Opportunities Fund, re: #1 Complaint,. Document filed by Steel River Systems, LLC..(Quinn, Lori) |
| Filing 23 PROPOSED ORDER. Document filed by Steel River Systems, LLC. Related Document Number: #7 PLAINTIFFS MOTION TO FILE LOAN AGREEMENT UNDER SEAL]..(Quinn, Lori) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 22 PROPOSED ORDER. Document filed by Steel River Systems, LLC. Related Document Number: #3 PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER]..(Quinn, Lori) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Greenhill Debt Management, LLP..(pc) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Variant Alternative Income Fund..(pc) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Variant Alternative Income Fund..(Rosen, Marc) |
| Filing 18 LETTER addressed to Judge Naomi Reice Buchwald from Marc R. Rosen dated 11/19/2024 re: SRS's request for temporary restraining order. Document filed by Variant Alternative Income Fund..(Rosen, Marc) |
| Filing 17 NOTICE OF APPEARANCE by Marc R. Rosen on behalf of Variant Alternative Income Fund..(Rosen, Marc) |
| Filing 16 NOTICE OF APPEARANCE by Marc R. Rosen on behalf of Variant Alternative Income Fund..(Rosen, Marc) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #22 Proposed Order, was reviewed and approved as to form. (tp) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #23 Proposed Order was reviewed and approved as to form. (tp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lori Jean Quinn to RE-FILE Document No. #14 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;. 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. (pc) |
| The dial-in for today's conference at 4:30 p.m. is 888-363-4749, and the access code is 271-2517. |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Variant Alternative Income Fund, re: #1 Complaint,. Document filed by Steel River Systems, LLC..(Quinn, Lori) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Pier Special Opportunities Fund, re: #1 Complaint,. Document filed by Steel River Systems, LLC..(Quinn, Lori) Modified on 11/19/2024 (pc). |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Greenhill Debt Management, LLP, re: #1 Complaint,. Document filed by Steel River Systems, LLC..(Quinn, Lori) |
| Filing 12 PROPOSED ORDER. Document filed by Steel River Systems, LLC. Related Document Number: #3 PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER]..(Quinn, Lori) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 11 PROPOSED ORDER. Document filed by Steel River Systems, LLC. Related Document Number: #7 PLAINTIFFS MOTION TO FILE LOAN AGREEMENT UNDER SEAL]..(Quinn, Lori) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Steel River Systems, LLC..(Quinn, Lori) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #12 Proposed Order, was reviewed and approved as to form. (tp) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #11 Proposed Order was reviewed and approved as to form. (tp) |
| Filing 9 CERTIFICATE OF SERVICE of PLAINTIFFS NOTICE OF MOTION TO FILE LOAN AGREEMENT UNDER SEAL OR, IN THE ALTERNATIVE, TO ORDER PLAINTIFF TO FILE LOAN AGREEMENT, PLAINTIFFS MEMORANDUM IN SUPPORT OF MOTION TO FILE LOAN AGREEMENT UNDER SEAL OR, IN THE ALTERNATIVE, TO ORDER PLAINTIFF TO FILE LOAN AGREEMENT served on VARIANT ALTERNATIVE INCOME FUND, PIER ) SPECIAL OPPORTUNITIES FUND LP, GREENHILL DEBT MANAGEMENT, LLP on 11/15/2024. Service was made by MAIL. Document filed by Steel River Systems, LLC..(Quinn, Lori) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION to Seal TO FILE LOAN AGREEMENT UNDER SEAL OR, IN THE ALTERNATIVE, TO ORDER PLAINTIFF TO FILE LOAN AGREEMENT. . Document filed by Steel River Systems, LLC..(Quinn, Lori) |
| Filing 7 MOTION to Seal TO FILE LOAN AGREEMENT UNDER SEAL OR, IN THE ALTERNATIVE, TO ORDER PLAINTIFF TO FILE LOAN AGREEMENT. Document filed by Steel River Systems, LLC..(Quinn, Lori) |
| Filing 6 CERTIFICATE OF SERVICE of PLAINTIFFS EMERGENCY NOTICE OF MOTION FOR A PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER, PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF EMERGENCY MOTION FOR A PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER, DECLARATION OF COREY GABLER IN SUPPORT OF EMERGENCY MOTION FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER AND EXHIBITS served on VARIANT ALTERNATIVE INCOME FUND, PIER ) SPECIAL OPPORTUNITIES FUND LP, GREENHILL DEBT MANAGEMENT, LLP on 11/15/2024. Service was made by MAIL. Document filed by Steel River Systems, LLC..(Quinn, Lori) |
| Filing 5 DECLARATION of Corey Gabler in Support re: #3 EMERGENCY MOTION for Preliminary Injunction .EMERGENCY MOTION for Temporary Restraining Order seeking Order enjoining Defendant from proceeding with its 11/21/24 notice of sale.. Document filed by Steel River Systems, LLC. (Attachments: #1 Exhibit 1 - SRS v. Variant Complaint, #2 Exhibit 2 - Loan & Servicing Agreement (filed under seal), #3 Exhibit 3 - Sept 3, 2024 Variant Letter to SRS, #4 Exhibit 4 - Notice of Auction of Portfolios).(Quinn, Lori) |
| Filing 4 MEMORANDUM OF LAW in Support re: #3 EMERGENCY MOTION for Preliminary Injunction .EMERGENCY MOTION for Temporary Restraining Order seeking Order enjoining Defendant from proceeding with its 11/21/24 notice of sale. . Document filed by Steel River Systems, LLC..(Quinn, Lori) |
| Filing 3 EMERGENCY MOTION for Preliminary Injunction ., EMERGENCY MOTION for Temporary Restraining Order seeking Order enjoining Defendant from proceeding with its 11/21/24 notice of sale. Document filed by Steel River Systems, LLC..(Quinn, Lori) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 2 CIVIL COVER SHEET filed..(Quinn, Lori) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Lori Jean Quinn. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Robyn F. Tarnofsky 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lori Jean Quinn. The party information for the following party/parties has been modified: Steel River Systems, LLC; Variant Alternative Income Fund; Pier Special Opportunities Fund, LP; Greenhill Debt Management, LLP. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| Filing 1 COMPLAINT against Greenhill Debt Management, LLP, Pier Special Opportunities Fund, LP, Variant Alternative Income Fund. (Filing Fee $ 405.00, Receipt Number ANYSDC-30187590)Document filed by Steel River Systems, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Filed Under Seal, #3 Exhibit B - October 21, 2024 Letter, #4 Exhibit C - Sept. 3, 2024 Letter).(Quinn, Lori) |
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