db7
4 months ago
U.S. Small Business Administration as Receiver of Elk Associates Funding Corp. v. Ameritrans Holdings, LLC et al
New York Eastern District Court
Judge: Joanna Seybert
Referred: Steven I Locke
Case #: 2:20-cv-01166
Nature of Suit 450 Other Statutes - Commerce
Cause 28:1331 Fed. Question
Wednesday, February 21, 2024
30 order Order Adopting Report and Recommendations Order on Report and Recommendations Order on Motion to Dismiss for Failure to State a Claim Wed 02/21 3:28 PM
ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the stated reasons (please see Order for further details), IT IS HEREBY ORDERED:Defendants' objections are OVERRULED, the R&R is ADOPTED, and Defendants' Dismissal Motion (ECF No.21 ) is DENIED. The parties are referred to Judge Locke for the purposes of discovery. So Ordered by Judge Joanna Seybert on 2/21/2024. (AMF)
db7
5 months ago
interesting... 1st filing 'here' in 3 years:
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U.S. Small Business Administration as Receiver of Elk Associates Funding Corp. v. Ameritrans Holdings, LLC et al
New York Eastern District Court
Judge: Joanna Seybert
Referred: Steven Tiscione
Case #: 2:20-cv-01166
Nature of Suit 450 Other Statutes - Commerce
Cause 28:1331 Fed. Question
Case Filed: Mar 03, 2020
Docket
Parties (4)
Docket last updated: 8 hours ago
Wednesday, January 17, 2024
29 misc Letter Wed 01/17 2:02 PM
Letter to the Honorable Joanna Seybert requesting a status Court Conference by U.S. Small Business Administration as Receiver of Elk Associates Funding Corp. (Bilodeau, Kelsey)
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Enterprising Investor
7 months ago
Electronic Scheduling Order (11/07/23)
The Court is in receipt of the parties' proposed briefing schedule concerning Plaintiff's and Defendants' Motions for Summary Judgment. In light of the parties' scheduling request and the numerous upcoming federal holidays, the Court approves the proposed briefing schedule. Accordingly:
(1) On or before November 29, 2023, the parties shall file their respective oppositions to the Subject Motions; and
(2) On or before December 20, 2023, the parties shall file their replies, if any, in further support of their respective Subject Motions.
The parties are ON NOTICE: Given the generous time afforded the parties, NO further extends on this briefing schedule will be granted absent good cause shown.
Ordered by Judge Joanna Seybert on 11/7/2023.
Enterprising Investor
10 months ago
Status Report and Eighth Receiver's Report for the Period January 1, 2021 through May 31, 2023 by United States Small Business Administration as Receiver for Elk Associates Funding Corp. (9/01/23)
Settlements with Certain Defendants
Since 2019, the Receiver entered into settlement agreements with nine of the eleven original defendants, and all nine settlement agreements have been satisfied with total recoveries of $6.396 million. The Receiver has informed the remaining defendants that it remains willing to evaluate reasonable settlement offers if accompanied by the requisite documentary and financial support as has been clearly and consistently delineated by the Receiver’s counsel to the defendants’ counsels repeatedly since the Receiver sent the demand letters to each defendant in 2016.
Source: PACER [Docket 121]
United States of America, On behalf of its agency, The United States Small Business Administration v. Elk Associates Funding Corp. Civil Action No.22:13-cv-01326, U.S.D.C. E.D.N.Y.
Enterprising Investor
10 months ago
Letter dated August 29, 2023 to the Hon. Joanna Seybert regarding the Stipulation of Dismissal filed June 13, 2023 by Elliott Singer (8/29/23)
The Stipulation further provides that the causes of action by and between the Plaintiff Receiver and the Defendants Michael Feinsod and Richard Feinstein are not dismissed. The Joint Stipulation is the final step in resolving all of the claims against the six “Independent Director” defendants, and similar stipulations have been entered for the other five.
Source: PACER [Docket 257]
U.S. Small Business Administration as Receiver for Elk Associates Funding Corp. v. Michael Feinsod, et al Civil Action No.2:17-cv-03586, U.S.D.C. E.D.N.Y.
Enterprising Investor
2 years ago
Letter Motion for Extension of Time to File Daubert Motions and Motions for Summary Judgment by U.S. Small Business Administration (11/18/22)
The Receiver and Defendants Sommer, Singer, Boockvar, Indick, Wolpert, and Laird, have reached a settlement in principle which will resolve the claims between the Receiver and Defendants Sommer, Singer, Boockvar, Indick, Wolpert, and Laird. These are Independent Directors.
Daubert motions and motions for summary judgment must be filed on or before 12/06/22, the opposition due 1/24/23, and replies due 2/21/23.
Extending the deadline will also enable the Receiver’s motions to be streamlined as to the two remaining defendants, Michael Feinsod and Richard Feinstein.
U.S. SBA as Receiver for Elk Assocs. Fund. Corp. v. Feinsod, et. al., No. 17-cv-3586 (E.D.N.Y.}
Source: PACER [Docket 221]
Enterprising Investor
3 years ago
Minute Order for proceedings held before Magistrate Judge James M. Wicks (8/03/21)
Telephone Status Conference held on 8/3/2021 at 10:30 AM. Counsel for all parties were present. The parties advised the Court of the status of this case and requested time to extend the discovery deadlines.
Pursuant to Fed. R. Civ. P. 6, the parties' application is granted, and the amended discovery schedule is the following:
End Fact Discovery: 10/31/2021
Expert in chief Reports due by: 11/01/2021
Rebuttal Expert Reports due by: 12/01/2021
End of all Discovery, including experts: 12/31/2021
Initial steps for dispositive motion practice: 01/28/2022
Final pre-trial conference in courtroom 1020: 02/14/2022 @ 3pm
The parties shall submit their proposed joint pre-trial order, in accordance with Judge Seybert's individual rules, on or before 2/7/2022
Source: PACER [Docket 192]
db7
4 years ago
Docket last updated: 10 hours ago
Thursday, August 20, 2020
19 motion Adjourn Conference Thu 08/20 9:31 AM
Letter MOTION to Adjourn Conference by U.S. Small Business Administration as Receiver of Elk Associates Funding Corp.. (Bilodeau, Kelsey)
Wednesday, August 19, 2020
18 notice Notice of Hearing Wed 08/19 3:06 PM
NOTICE of Hearing: Pre-Motion Conference set for Thu. 9/10/2020 at 11:15am BY PHONE before Judge Joanna Seybert. See attached Notice. (Baran, Charles)
Tuesday, August 18, 2020
17 misc Letter Tue 08/18 3:00 PM
Letter / Responsive Pre-Motion Letter to Judge Seybert pursuant to the Electronic Order of August 11, 2020 by U.S. Small Business Administration as Receiver of Elk Associates Funding Corp. (Bilodeau, Kelsey)
db7
4 years ago
Monday, August 10, 2020
16 motion Dismiss for Failure to State a Claim Mon 08/10 6:22 PM
Notice of MOTION to Dismiss for Failure to State a Claim by Ameritrans Holdings, LLC, Bounty Investments, LLC, Renova U.S. Management, LLC. (Barney, Mason)
Att: 1 Declaration of Mason A. Barney in Support of Defendants' Motion to Dismiss,
Att: 2 Exhibit A - Plaintiff's Complaint,
Att: 3 Exhibit B - Ameritrans Capital Corporation Senior Secured Note dated January 19, 2011,
Att: 4 Exhibit C - Notice of Event of Default, January 19, 2012,
Att: 5 Memorandum in Support of Motion to Dismiss
db7
4 years ago
Thursday, June 11, 2020
14 notice Notice of Appearance Thu 06/11 2:00 PM
NOTICE of Appearance by Mason Adams Barney on behalf of Ameritrans Holdings, LLC, Bounty Investments, LLC, Renova U.S. Management, LLC (aty to be noticed) (Barney, Mason)
13 motion Adjourn Conference Thu 06/11 10:23 AM
Letter MOTION to Adjourn Conference by U.S. Small Business Administration as Receiver of Elk Associates Funding Corp.. (Bilodeau, Kelsey)
db7
4 years ago
Tuesday, June 09, 2020
12 motion Extension of Time to File Answer Tue 06/09 6:01 PM
MOTION for Extension of Time to File Answer re1 Complaint, Stipulation Extending Time to Answer for All Defendants to August 10, 2020 by U.S. Small Business Administration as Receiver of Elk Associates Funding Corp.. (Bilodeau, Kelsey)
11 service Waiver of Service Executed Tue 06/09 5:52 PM
WAIVER OF SERVICE Returned Executed by U.S. Small Business Administration as Receiver of Elk Associates Funding Corp.. Ameritrans Holdings, LLC waiver sent on 6/9/2020, answer due 8/10/2020. (Bilodeau, Kelsey)
10 service Waiver of Service Executed Tue 06/09 5:47 PM
WAIVER OF SERVICE Returned Executed by U.S. Small Business Administration as Receiver of Elk Associates Funding Corp.. Bounty Investments, LLC waiver sent on 6/9/2020, answer due 8/10/2020. (Bilodeau, Kelsey)
9 service Waiver of Service Executed Tue 06/09 5:40 PM
WAIVER OF SERVICE Returned Executed by U.S. Small Business Administration as Receiver of Elk Associates Funding Corp.. Renova U.S. Management, LLC waiver sent on 6/9/2020, answer due 8/10/2020. (Bilodeau, Kelsey)
order Order on Motion for Extension of Time to Answer Tue 06/09 8:10 PM
Electronic ORDER granting DE12 Motion for Extension of Time to Answer. On consent, the deadline for Defendants to answer or otherwise respond to the Complaint is extended to and including 8/10/2020. Ordered by Magistrate Judge Steven I. Locke on 6/9/2020. (Georgescu, Dora)
order Order on Motion for Extension of Time to File Tue 06/09 8:16 PM
Electronic ORDER finding as moot DE7 Motion for Extension of Time to File. In light of DE11 and DE12 , DE7 is denied as moot. Ordered by Magistrate Judge Steven I. Locke on 6/9/2020. (Georgescu, Dora)
Enterprising Investor
4 years ago
Motion to Amend/Correct/Supplement Complaint, by U.S. Small Business Administration (5/15/20)
The Receiver for Elk has brought this action against the defendants, the former officers and directors of Elk, for (1) breach of fiduciary duty, (2) ultra vires acts, (3) waste of corporate assets, (4) conversion, (5) negligence, and (6) gross negligence based upon the defendants’actions in approving, facilitating and/or executing the actions and transactions described in the Complaint, which caused the diversion of $14,271,038.00 of Elk’s funds to Ameritrans and its creditors without hope of repayment.
U.S. SBA as Receiver of Elk Assoc. Funding Corp. (2:17-cv-03586)
Source: PACER [Docket 147]
5
Enterprising Investor
4 years ago
Notice of Appearance by Alan Braunstein on behalf of John Desmond, Chapter 7 Trustee of Ameritrans Capital Corporation (3/12/20)
"Elk Associates Funding Corp., is the subsidiary of Ameritrans Capital Corporation, which owns 100% of Elk's stock. To the extent that there will be a surplus of any recoveries in suits and claims brought by the Receiver of Elk in this proceeding, such surplus, if any, would be payable to John Desmond, Chapter 7 Trustee of Ameritrans Capital Corporation".
United States Of America v. Elk Associates Funding Corp., USDC EDNY (2:13-cv-01326)
Source: PACER [Docket 111]
Enterprising Investor
5 years ago
Adversary case 19-01069. Complaint by XL Specialty Insurance Company against Ameritrans Capital Corporation, U.S. Small Business Administration, Robert C. Ammerman, Peter Boockvar, Steven Etra, Michael Feinsod, Richard Feinstein, Gary Granoff, Murray Indick, John Laird, Silvia Mullens, Elliott Singer, Howard Sommer, Ivan Wolpert, John O. Desmond (6/10/19)