Reich Bros. Business Solutions, LLC v. U.S. Crossings Unlimited, LLC et al
| Reich Bros. Business Solutions, LLC |
| Mike Lind and U.S. Crossings Unlimited, LLC |
| 7:2019cv06363 |
| July 9, 2019 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Contract: Other |
| 28 U.S.C. § 1332 oc |
| None |
Docket Report
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This docket was last retrieved on August 27, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 CLERK'S CERTIFICATE OF DEFAULT as to Mike Lind, issued on August 27, 2019. (dt) |
| Filing 32 CLERK'S CERTIFICATE OF DEFAULT as to U.S. Crossings Unlimited, LLC, issued on August 27, 2019. (dt) |
| Filing 31 DECLARATION re: #30 Proposed Clerk's Certificate of Default, #29 Proposed Clerk's Certificate of Default, ., DECLARATION in Support. Document filed by Reich Bros. Business Solutions, LLC. (Kazan, Barry) |
| Filing 30 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Reich Bros. Business Solutions, LLC. (Attachments: #1 Exhibit A - Proposed Certificate of Default) (Kazan, Barry) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 29 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Reich Bros. Business Solutions, LLC. (Attachments: #1 Exhibit A - Proposed Certificate of Default) (Kazan, Barry) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 28 CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT ISSUED (2) on August 2, 2019 as to U.S. Crossings Unlimited, LLC and Mike Lind. Certification of a Judgment to be Registered in Another District to be Picked up by Party. (dt) (dt). (Main Document 28 replaced on 8/2/2019) (km). |
| Filing 27 PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 11.00, receipt number ANYSDC-17363842. Clerk's Certification of a Judgment to be Registered in Another District to be Picked up by Party. Document filed by Reich Bros. Business Solutions, LLC. (Attachments: #1 Order of Seizure) Document Number of Related Judgment: #21 . (Allerding, John) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 26 PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 11.00, receipt number ANYSDC-17363733. Clerk's Certification of a Judgment to be Registered in Another District to be Picked up by Party. Document filed by Reich Bros. Business Solutions, LLC. (Attachments: #1 Order of Seizure) Document Number of Related Judgment: #21 . (Allerding, John) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
Filing 25
MEMO ENDORSEMENT on re: #22 Letter filed by Reich Bros. Business Solutions, LLC. ENDORSEMENT: For good cause shown, the thirty-day appellate period of Fed. R. App. 4 is waived with respect to my 7/26/19 Order of Seizure, (Doc. 21). The Clerk shall certify that Order. SO ORDERED (Signed by Judge Cathy Seibel on 8/2/2019) (mml) Transmission to Office of the Clerk of Court for processing.
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| Filing 24 AFFIDAVIT OF SERVICE of Order of Seizure and supporting documents [ECF No. 21] served on Mike Lind on July 29, 2019. Service was made by MAIL and AFFIXING TO DOOR. Document filed by Reich Bros. Business Solutions, LLC. (Allerding, John) |
| Filing 23 AFFIDAVIT OF SERVICE of Order of Seizure and supporting documents [ECF No. 21] served on U.S. Crossings Unlimited, LLC on July 30, 2019. Service was accepted by Tim Quinn, Ohio Secretary of State Legal Department. Document filed by Reich Bros. Business Solutions, LLC. (Allerding, John) |
| Filing 22 LETTER addressed to Judge Cathy Seibel from Barry M. Kazan dated August 1, 2019 re: Order of Seizure. Document filed by Reich Bros. Business Solutions, LLC.(Kazan, Barry) |
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Filing 21
ORDER OF SEIZURE: NOW, upon Plaintiff's Motion, it is therefore ADJUDGED, DECREED, and: ORDERED, that Plaintiff's request for an order of seizure as set forth in its Motion is granted in its entirety; and it is further ORDERED, Defendants U.S. Crossings Unlimited, LLC and Mike Lind (collectively, the "Defendants") and their respective servants, agents, employees, representatives and all persons acting in concert with them are temporarily restrained from (a) taking any action with respect to the Equipment, including the dismantling, removing, concealing, using, hiding, selling, disposing of, transferring, encumbering, and commingling the Equipment; (b) permitting the Equipment to become subject to a security interest or lien; and (c) otherwise acting in any manner inconsistent with Plaintiff's interest in the Equipment; and it is further ORDERED, that the U.S. Marshal or Sheriff of this County or any County located within this State shall gain possession of the Equipment listed on the attached Exhibit A and the U.S. Marshal or Sheriff is authorized to, and shall, utilize any and all authority under any applicable law, including, without limitation, the authority to be permitted to break open, enter and search for the Equipment; and it is further ORDERED, that a certified copy of this Order of Seizure may be registered in other jurisdictions pursuant to 28 U.S.C. 1963 and that, upon such registration, shall be given the effect provided by such statute. ORDERED, that a copy of this Order, together with copies of the above-referenced papers upon which it is made, shall be personally served (or attempted to be personally served) (a) upon the corporate Defendant, U.S. Crossings Unlimited, LLC, by serving its registered agent; and (b) upon the individual Defendant, Mike Lind at his residence or wherever he may be found, on or before the 31st day of July 2019, and that such service shall be deemed good and sufficient notice of this Order. SO ORDERED. Motions terminated: #10 EX PARTE MOTION for Temporary Restraining Order and Order of Seizure filed by Reich Bros. Business Solutions, LLC. (Signed by Judge Cathy Seibel on 7/26/2019) (mml)
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| Minute Entry for proceedings held before Judge Cathy Seibel: Show Cause Hearing held on 7/26/2019. Defendant(s) did not appear. The Court will extend the Temporary Restraining Order to August 14, 2019 and sign the Order of Seizure. See transcript. (Court Reporter Angela O'Donnell) (wc) |
| Filing 20 DECLARATION of John C. Allerding re: #15 Order to Show Cause,,,,,,,,, . Document filed by Reich Bros. Business Solutions, LLC. (Attachments: #1 Exhibit 1 - Ohio Secretary of State Notice of Receipt)(Allerding, John) |
| Filing 19 AFFIDAVIT OF SERVICE of Order to Show Cause and Temporary Restraining Order [Dkt. No. 15] and supporting documents served on Mike Lind on 07/18/2019. Service was made by MAIL. Document filed by Reich Bros. Business Solutions, LLC. (Allerding, John) |
| Filing 18 AFFIDAVIT OF SERVICE of Order to Show Cause and Temporary Restraining Order [Dkt. No. 15] and supporting documents served on U.S. Crossings Unlimited, LLC on 07/19/2019. Service was accepted by Tim Quinn, Ohio Secretary of State Legal Department. Document filed by Reich Bros. Business Solutions, LLC. (Allerding, John) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,. Mike Lind served on 7/18/2019, answer due 8/8/2019. Service was made by MAIL. Document filed by Reich Bros. Business Solutions, LLC. (Allerding, John) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,. U.S. Crossings Unlimited, LLC served on 7/19/2019, answer due 8/9/2019. Service was accepted by Tim Quinn, Ohio Secretary of State Legal Department. Document filed by Reich Bros. Business Solutions, LLC. (Allerding, John) |
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Filing 15
ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER: It is, NOW, therefore, ADJUDGED, DECREED, and: ORDERED, that Plaintiff's request for a temporary restraining order as set forth in its Motion is GRANTED in its entirety; and it is further ORDERED, Defendants and their respective servants, agents, employees, representatives and all persons acting in concert with them are temporarily restrained from (a) taking any action with respect to the Equipment, including the dismantling, removing, concealing, using, hiding, selling, disposing of, transferring, encumbering, and commingling the Equipment; (b) permitting the Equipment to become subject to a security interest or lien; and (c) otherwise acting in any manner inconsistent with Plaintiff's interest in the Equipment; and it is further ORDERED, that the Temporary Restraining Order shall remain in effect until 7/31/2019, absent further Order of the Court; and it is further ORDERED, that Defendants US Crossings Limited, LLC and Mike Lind shall show cause before the Honorable Cathy Seibel, in courtroom 621, United States Courthouse, 300 Quarropas Street, in the City of White Plains, County of Westchester, and State of New York on 7/26/2019 at 10:15 a.m., or as soon thereafter as counsel may be heard, why an Order of Seizure should not be entered in the form of Exhibit 1 annexed hereto, and such other and further relief as the may deem just and proper. ORDERED, that a copy of this Order, together with copies of the above-referenced papers upon which it is made, shall be personally served (or attempted to be personally served) (a) upon the corporate Defendant, U.S. Crossings Unlimited, LLC, by serving its registered agent; and (b) upon the individual Defendant, Mike Lind at his residence or wherever he may be found, on or before 3 pm on the 19th day of July, 2019, and that such service shall be deemed good and sufficient notice of this order. IT IS FURTHER ORDERED THAT Defendant US Crossings Limited, LLC and Mike Lind, if either opposed the Motion, shall file a written opposition with the Court on or before 7/24/2019. Show Cause Hearing set for 7/26/2019 at 10:15 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. Show Cause Response due by 7/24/2019. (Signed by Judge Cathy Seibel on 7/17/2019) (mro)
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| Filing 14 PROPOSED ORDER. Document filed by Reich Bros. Business Solutions, LLC. (Attachments: #1 Exhibit 1 - Order of Seizure) Related Document Number: #10 . (Kazan, Barry) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 13 AFFIDAVIT of Adam M. Reich in Support re: #10 EX PARTE MOTION for Temporary Restraining Order and Order of Seizure.. Document filed by Reich Bros. Business Solutions, LLC. (Attachments: #1 Exhibit A-1 - Master Lease Agreement, #2 Exhibit A-2 - Participation Agreement, #3 Exhibit A-3 - Forbearance Agreement)(Kazan, Barry) |
| Filing 12 DECLARATION of Barry M. Kazan in Support re: #10 EX PARTE MOTION for Temporary Restraining Order and Order of Seizure.. Document filed by Reich Bros. Business Solutions, LLC. (Kazan, Barry) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 EX PARTE MOTION for Temporary Restraining Order and Order of Seizure. . Document filed by Reich Bros. Business Solutions, LLC. (Kazan, Barry) |
| Filing 10 EX PARTE MOTION for Temporary Restraining Order and Order of Seizure. Document filed by Reich Bros. Business Solutions, LLC.(Kazan, Barry) |
| ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED TEMPORARY RESTRAINING ORDER. Notice to Attorney Barry Kazan re: Document #14 Proposed Order, was rejected by the Clerk's Office for the following reason, the Temporary Restraining Order should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (km) |
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Filing 9
ORDER granting #8 Motion for John C. Allerding to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 8 MOTION for John C. Allerding to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17219826. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Reich Bros. Business Solutions, LLC. (Attachments: #1 Certificate of Good Standing, #2 Affidavit of John Allerding, #3 Proposed Order)(Allerding, John) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Mike Lind. (sj) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to U.S. Crossings Unlimited, LLC. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Barry Mark Kazan. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint,. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-17214686, paid on 7/9/2019. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (sj) |
| Magistrate Judge Paul E. Davison 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: #http://nysd.uscourts.gov/forms.php. (sj) |
| Case Designated ECF. (sj) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for John C. Allerding to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17219826. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Mike Lind, re: #1 Complaint,. Document filed by Reich Bros. Business Solutions, LLC. (Kazan, Barry) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Crossings Unlimited, LLC, re: #1 Complaint,. Document filed by Reich Bros. Business Solutions, LLC. (Kazan, Barry) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Reich Bros. Business Solutions, LLC.(Kazan, Barry) |
| Filing 2 CIVIL COVER SHEET filed. (Kazan, Barry) |
| Filing 1 COMPLAINT against Mike Lind, U.S. Crossings Unlimited, LLC. Document filed by Reich Bros. Business Solutions, LLC. (Attachments: #1 Exhibit 1 - Master Lease Agreement, #2 Exhibit 2 - Participation Agreements, #3 Exhibit 3 - Guaranty, #4 Exhibit 4 - Forbearance Agreement)(Kazan, Barry) |
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