Oxford Finance LLC v. CV Lantern Properties, LLC et al.
| Oxford Finance LLC |
| CV Lantern Properties, LLC, Madison Lantern Properties, LLC, Saybrook Lantern Properties, LLC, Orcus Systems and Solutions, Inc., Lantern of Saybrook, Inc., Lantern of Chagrin Valley, Inc., Lake County, Ohio, Treasurer, Ashtabula County, Ohio, Treasurer and Geauga County, Ohio, Treasurer |
| Michael F. Flanagan |
| 1:2023cv02175 |
| November 7, 2023 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Document Text |
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| Filing 30 Status Report Receiver's First Report filed by Michael F. Flanagan. (Attachments: #1 Exhibit Exhibit A - Notice to Regulatory Authorities)(L'Hommedieu, Mary Louisa) |
| Filing 29 Answer to #11 Amended complaint,,,,, filed by Lake County, Ohio, Treasurer. (Echols, Kelly) |
| Filing 28 Waiver of Service Returned Executed by Geauga County, Ohio, Treasurer. Geauga County, Ohio, Treasurer waiver sent on 12/20/2023, answer due 2/20/2024 filed on behalf of Geauga County, Ohio, Treasurer (Rine, Kristen) |
| Filing 27 Waiver of Service Returned Executed by Madison Lantern Properties, LLC. Madison Lantern Properties, LLC waiver sent on 12/20/2023, answer due 2/19/2024 filed on behalf of Madison Lantern Properties, LLC (Steinlage, Rachel) Modified text to correct dates on 12/27/2023 (M,CE). |
| Filing 26 Waiver of Service Returned Executed by Saybrook Lantern Properties, LLC. Saybrook Lantern Properties, LLC waiver sent on 12/20/2023, answer due 2/19/2024 filed on behalf of Saybrook Lantern Properties, LLC (Steinlage, Rachel) Modified text to correct dates on 12/27/2023 (M,CE). |
| Filing 25 Waiver of Service Returned Executed by Orcus Systems and Solutions, Inc.. Orcus Systems and Solutions, Inc. waiver sent on 12/20/2023, answer due 2/19/2024 filed on behalf of Orcus Systems and Solutions, Inc. (Steinlage, Rachel) Modified text to correct dates on 12/27/2023 (M,CE). |
| Filing 24 Waiver of Service Returned Executed by Lantern of Saybrook, Inc.. Lantern of Saybrook, Inc. waiver sent on 12/20/2023, answer due 2/19/2024 filed on behalf of Lantern of Saybrook, Inc. (Steinlage, Rachel) Modified text to correct dates on 12/27/2023 (M,CE). |
| Filing 23 Waiver of Service Returned Executed by Lantern of Chagrin Valley, Inc. Lantern of Chagrin Valley, Inc. waiver sent on 12/20/2023, answer due 2/19/2024 filed on behalf of Lantern of Chagrin Valley, Inc. (Steinlage, Rachel) Modified text to correct dates on 12/27/2023 (M,CE). |
| Filing 22 Waiver of Service Returned Executed by CV Lantern Properties, LLC. CV Lantern Properties, LLC waiver sent on 12/20/2023, answer due 2/19/2024 filed on behalf of CV Lantern Properties, LLC (Steinlage, Rachel) Modified text to correct dates on 12/27/2023 (M,CE). |
| Filing 21 Status Report First Joint Monthly Status Report for Period Ending December 25, 2023 filed by Oxford Finance LLC. (Duhamel, Marcel) |
| Filing 20 Notice of Compliance with Section 1.4 of General Order No. 2006-16-6 filed by Oxford Finance LLC. (Attachments: #1 Exhibit A - Lake County, #2 Exhibit B - Geauga County, #3 Exhibit C - Ashtabula County)(Duhamel, Marcel) |
| Filing 19 Waiver of Service Returned Executed by Lake County, Ohio, Treasurer. Lake County, Ohio, Treasurer waiver sent on 12/19/2023, answer due 2/20/2024 filed on behalf of Lake County, Ohio, Treasurer (Echols, Kelly) |
Order [non-document] Because the CV Lantern Property Defendants, et al., are limited liability companies, they are not permitted to represent themselves in this litigation. For this reason, the Court will hold Rachel Steinlage's and Robert Glickman's motion to withdraw as attorney [ECF Doc. #18 ] in abeyance until such time as new counsel has entered an appearance for said defendants. It is SO ORDERED. Entered on behalf of Judge Dan Aaron Polster on 12/21/2023. (K,K)
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| Filing 18 Motion by Rachel L. Steinlage, Robert T. Glickman to withdraw as attorney filed by Defendant CV Lantern Properties, LLC. (Steinlage, Rachel) |
| Filing 17 Report on Modified Everest Consulting Agreement filed by Michael F. Flanagan. (Attachments: #1 Exhibit Redline Consulting Agreement, #2 Exhibit Final revised executed Consulting Agreement)Related document(s) #16 , #12 .(L'Hommedieu, Mary Louisa) |
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Filing 16
Minutes & Order On December 11, 2023, the Court conducted a status conference with parties and counsel to discuss Defendants' objection to the Receiver's retention of Everest Management Solutions, LLC. As stated during the status conference, the Court overrules, in part, and sustains, in part, Defendants' objection. ECF Doc. #12 . The Receiver is permitted to retain Everest Management Solutions, LLC, but the Court directed the Receiver to reduce the period of time for which Everest is guaranteed payment from twelve months to nine months and to eliminate the right of first refusal. Signed by Judge Dan Aaron Polster on 12/11/2023. (Court Reporter: n/a.) Time: 28 minutes. (K,K)
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| Filing 15 Response to Defendant's Objection to Receiver's Retention of Everest Management Solutions, LLC filed by Michael F. Flanagan. Related document(s) #13 , #12 . (L'Hommedieu, Mary Louisa) |
| Filing 14 Attorney Appearance by Mary Louisa M. L'Hommedieu filed by on behalf of Michael F. Flanagan. (L'Hommedieu, Mary Louisa) |
| Filing 13 Response to Defendants' Objection to Receiver's Retention of Everest Management Solutions, LLC filed by Oxford Finance LLC. Related document(s) #12 . (Duhamel, Marcel) |
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Order [non-document] The Court directs the Receiver to file a response to Defendants' #12 Objection to Receiver's Retention of Everest Management Solutions, LLC no later than 3:00 p.m. on Friday, December 8, 2023. A Status Conference is set for 12/11/2023 at 03:00 PM in to be held by video conference (Cleveland) before Judge Dan Aaron Polster. Counsel and clients are required to appear for the parties, Receiver, and Everest Management Solutions, LLC. Entered on behalf of Judge Dan Aaron Polster on 12/7/2023. (K,K)
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| Filing 12 Objection to Receiver's Retention of Everest Management Solutions, LLC filed by CV Lantern Properties, LLC. Related document(s) #7 . (Attachments: #1 Exhibit - A - Notice of Termination, #2 Exhibit - B - Consulting Agreement) (Steinlage, Rachel) |
| Filing 11 Amended complaint against CV Lantern Properties, LLC, Lantern of Chagrin Valley, Inc., Lantern of Saybrook, Inc., Madison Lantern Properties, LLC, Orcus Systems and Solutions, Inc., Saybrook Lantern Properties, LLC, Lake County, Ohio, Treasurer, Ashtabula County, Ohio, Treasurer, Geauga County, Ohio, Treasurer and adding new party defendant(s) Lake County Ohio Treasurer; Ashtabula County Ohio Treasurer; Geauga County Ohio Treasurer. Filed by Oxford Finance LLC. (Attachments: #1 Affidavit of Patrick McLenahan, #2 Exhibit A - Term Loan and Security Agreement, #3 Exhibit B - Waiver and Amendment to Term Loan and Security Agreement, #4 Exhibit C - Term Loan Promissory Notes, #5 Exhibit D - UCC Financing Statements, #6 Exhibit E - Recorded Mortgages, #7 Exhibit F - Recorded Assignment of Leases and Rents, #8 Exhibit G - Assignment of Agreements Affecting Real Estate, #9 Exhibit H - Collateral Assignment of Permits and Approvals, #10 Exhibit I - Recorded Subordination and Attornment Agreement, #11 Exhibit J - Deposit Account Control Agreements, #12 Exhibit K - Preliminary Judicial Reports, #13 Exhibit L - Affidavit, #14 Exhibit M - Notice of Default, Reservation of Rights and Acceleration of the Obligations, #15 Exhibit N - Forebearance Agreement, #16 Exhibit O - Notice of Default, Reservation of Rights and Termination of the Forebearance Period) (Duhamel, Marcel) |
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Order [non-document] granting Motions for appearance pro hac vice by attorneys Kenneth J. Ottaviano and Paige B. Tinkham for Oxford Finance LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # #9 , #10 ). Approved by Judge Dan Aaron Polster on 11/13/2023.(K,K)
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| Filing 10 Motion for attorney Paige B. Tinkham to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12270239, filed by Plaintiff Oxford Finance LLC. (Attachments: #1 Exhibit Ex. 1 Declaration of Paige B. Tinham)(Duhamel, Marcel) |
| Filing 9 Motion for attorney Kenneth J. Ottaviano to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12270235, filed by Plaintiff Oxford Finance LLC. (Attachments: #1 Affidavit Declaration of Kenneth J. Ottaviano)(Duhamel, Marcel) |
| Filing 8 Notice of Receiver's Undertaking and Oath filed by Michael F. Flanagan. (Duhamel, Marcel) |
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Filing 7
Order granting Plaintiff's Emergency Motion for Appointment of Michael Flanagan as Receiver (Related Doc #4 ). Signed by Judge Dan Aaron Polster on 11/8/2023.(K,K)
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| Filing 6 Attorney Appearance of Additional Counsel by Robert T. Glickman filed by on behalf of All Defendants. (Glickman, Robert) |
| Filing 5 Attorney Appearance by Rachel L. Steinlage filed on behalf of All Defendants. (Steinlage, Rachel) |
| IMPORTANT: Notice [non-document] of Status Conference set for 11/8/2023 at 03:45 PM to be held by video conference (Cleveland) before Judge Dan Aaron Polster. Counsel, clients and proposed Receiver are required to attend. (K,K) |
| Minutes of proceedings [non-document] The Court conducted a Zoom status conference on November 8, 2023. Pat McLenahan and John Toufanian participated on behalf of Plaintiff and were represented by Attorneys Marcel Duhamel and Paige Tinkham. Nesian Makesh participated on behalf of Defendant Lantern Properties and was represented by Attorney Rachel Steinlage. The Court questioned all counsel regarding the proposed receivership and approved the emergency motion for receivership [ECF Doc. #4 ]. Receiver Michael Flanagan will be required to file monthly status reports on or about the 25th of each month. If the 25th falls on a weekend or court holiday, the status report will be due the first business day after the 25th of the month. The parties are also required to file a monthly joint status report reporting to the court any progress they have made toward finding a permanent solution of Defendant Lantern Properties financing. The first status reports will be due on December 26, 2023. (Court Reporter: Donnalee Cotone.) Time: 20 minutes. (K,K) |
| Filing 4 Emergency Motion for Appointment of Receiver Consented to by Defendants, with memorandum in support filed by Plaintiff Oxford Finance LLC. (Attachments: #1 Exhibit 1 - Flanagan Resume, #2 Exhibit 2 - Demand Letter, #3 Exhibit 3 - Proposed Order) (Duhamel, Marcel) |
| Filing 3 Magistrate Consent Form issued. No summons were provided, no summons were issued. (F,AW) |
| Filing 2 Corporate Disclosure Statement filed by Oxford Finance LLC. (Duhamel, Marcel) |
| Filing 1 Verified Complaint against CV Lantern Properties, LLC, Lantern of Chagrin Valley, Inc., Lantern of Saybrook, Inc., Madison Lantern Properties, LLC, Orcus Systems and Solutions, Inc., Saybrook Lantern Properties, LLC. Filing fee paid $402.00, receipt number AOHNDC-12265269. Filed by Oxford Finance LLC. (Attachments: #1 Exhibit A - Term Loan and Security Agreement, #2 Exhibit B - Waiver and Amendment to Term Loan and Security Agreement, #3 Exhibit C-1 - Term Loan Promissory Note, #4 Exhibit C-2 - Term Loan Promissory Note, #5 Exhibit C-3 - Term Loan Promissory Note, #6 Exhibit D - UCC Financing Statements, #7 Exhibit E-1 - Recorded Mortgage (Chagrin Falls), #8 Exhibit E-2 - Recorded Mortgage (Madison), #9 Exhibit E-3 - Recorded Mortgage (Saybrook), #10 Exhibit F-1 - Recorded Assignment of Leases and Rents (CV Lantern), #11 Exhibit F-2 - Recorded Assignment of Leases and Rents (Madison Lantern), #12 Exhibit F-3 - Recorded Assignment of Leases and Rents (Saybrook Lantern), #13 Exhibit F-4 - Recorded Assignment of Leases and Rents (Lantern of Chagrin Valley), #14 Exhibit F-5 - Recorded Assignment of Leases and Rents (Orcus Systems), #15 Exhibit F-6 - Recorded Assignment of Leases and Rents (Lantern of Saybrook), #16 Exhibit G - Assignment of Agreements Affecting Real Estate, #17 Exhibit H - Collateral Assignment of Permits and Approvals, #18 Exhibit I-1 - Recorded Subordination and Attornment Agreement (Chagrin Falls), #19 Exhibit I-2 - Recorded Subordination and Attornment Agreement (Madison), #20 Exhibit I-3 - Recorded Subordination and Attornment Agreement (Saybrook), #21 Exhibit J-1 - Deposit Account Control Agreement (CV Lantern Properties, LLC), #22 Exhibit J-2 - Deposit Account Control Agreement (Madison Lantern Properties, LLC), #23 Exhibit J-3 - Deposit Account Control Agreement (Saybrook Lantern Properties, LLC), #24 Exhibit J-4 - Deposit Account Control Agreement (Lantern of Chagrin Valley, Inc.), #25 Exhibit J-5 - Deposit Account Control Agreement (Orcus System), #26 Exhibit J-6 - Deposit Account Control Agreement (Lantern of Saybrook, Inc.), #27 Exhibit K - Acceleration Notice, #28 Exhibit L - Forbearance Agreement, #29 Exhibit M - Notice of Termination of Forbearance, #30 Civil Cover Sheet) (Duhamel, Marcel) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes Jr. (F,AW) |
| Judge Dan Aaron Polster assigned to case. (F,AW) |
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