New York Southern District Court
Judge:Lewis J Liman
Case #: 1:25-cv-02709
Nature of Suit190 Contract - Other Contract
Cause28:1331bc Fed. Question: Breach of Contract
Case Filed:Apr 01, 2025
Last checked: Tuesday Apr 01, 2025 4:07 PM EDT
Defendant
Zachary A Vella
24 S. Hibiscus Dr.
Miami Beach, FL 33139
Plaintiff
Greyhawk Hathorne Lender, LLC
1110 Glenneyre Street
Laguna Beach, CA 92651


Docket last updated: 70 minutes ago
Monday, May 05, 2025
16 16 respm Memorandum of Law in Opposition to Motion Mon 05/05 8:17 PM
MEMORANDUM OF LAW in Opposition re:4 MOTION to Transfer Case to United States District Court for the Central District of California . . Document filed by Greyhawk Hathorne Lender, LLC..(Zalman, David)
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Wednesday, April 30, 2025
15 15 1 pgs order Order ~Util - Set Deadlines/Hearings Wed 04/30 12:06 PM
ORDER: Defendant removed this case from New York Supreme Court on April 1, 2025. Dkt. No. 1. Plaintiff filed a motion to remand on April 23, 2025. Dkt. No. 5. On April 28, 2025, Defendant filed an amended notice of removal adding new legal bases for removal. Dkt. No. 12. Plaintiff is directed to submit a supplemental letter brief in support of remand by May 6, 2025, addressing any new issues raised by Defendant's filing of an amended notice of removal. Defendant's deadline to oppose the motion to remand is extended to May 12, 2025, and Defendant's opposition shall also address any issues raised in Plaintiff's supplemental letter brief. Plaintiff shall reply by May 19, 2025. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/30/2025) ( Brief due by 5/6/2025., Reply to Response to Brief due by 5/19/2025., Responses to Brief due by 5/12/2025) (ks)
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Tuesday, April 29, 2025
14 14 notice Certificate of Counsel Tue 04/29 11:12 AM
CERTIFICATE of Counsel by Howard Gurock on behalf of Zachary A Vella. Re:12 Amended Notice of Removal,. Certificate of Service of Amended Notice of Removal .(Gurock, Howard)
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13 13 notice Notice of Appearance Tue 04/29 10:58 AM
NOTICE OF APPEARANCE by Howard Gurock on behalf of Zachary A Vella..(Gurock, Howard)
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Monday, April 28, 2025
12 12 notice Amended Notice of Removal Mon 04/28 5:29 PM
FIRST AMENDED NOTICE OF REMOVAL against Greyhawk Hathorne Lender, LLC; amending1 Notice of Removal,,,,,,,,,,,.Document filed by Zachary A Vella. Related document:1 Notice of Removal,,,,,,,,,,,..(Albergo, Damian)
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Att: 1 Exhibit Ex. 1 - Order Converting Case to Ch. 7,
Att: 2 Exhibit Ex. 2 - Chapter 11 Bankruptcy Petition,
Att: 3 Exhibit Ex. 3 - Order Granting Motion for Joint Administration
Thursday, April 24, 2025
11 11 notice Notice of Appearance Thu 04/24 11:50 AM
NOTICE OF APPEARANCE by Randall L Morrison, Jr on behalf of Greyhawk Hathorne Lender, LLC..(Morrison, Randall)
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10 10 notice Notice of Appearance Thu 04/24 11:48 AM
NOTICE OF APPEARANCE by David I. Zalman on behalf of Greyhawk Hathorne Lender, LLC..(Zalman, David)
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Wednesday, April 23, 2025
9 9 misc Rule 7.1 Corporate Disclosure Statement Wed 04/23 10:51 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Greyhawk Hathorne Lender, LLC..(Zalman, David)
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8 8 respm Declaration in Support of Motion Wed 04/23 10:39 PM
DECLARATION of Matthew G. Bouslog in Support re:5 MOTION to Remand .. Document filed by Greyhawk Hathorne Lender, LLC..(Zalman, David)
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Att: 1 Exhibit 1 - 2.14.25 email to R. Richards,
Att: 2 Exhibit 2 - 2.14.25 email from R. Richards
7 7 respm Declaration in Support of Motion Wed 04/23 10:32 PM
DECLARATION of David I. Zalman in Support re:5 MOTION to Remand .. Document filed by Greyhawk Hathorne Lender, LLC..(Zalman, David)
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Att: 1 Exhibit 1 - borrowers' TRO in California State court,
Att: 2 Exhibit 2 - California State court order denying borrowers' TRO,
Att: 3 Exhibit 3 - NY State court decision in Greyhawk v. Vertical Ventures Capital
6 6 26 pgs respm Memorandum of Law in Support of Motion Wed 04/23 10:27 PM
MEMORANDUM OF LAW in Support re:5 MOTION to Remand . . Document filed by Greyhawk Hathorne Lender, LLC..(Zalman, David)
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5 5 motion Remand Wed 04/23 10:26 PM
MOTION to Remand . Document filed by Greyhawk Hathorne Lender, LLC..(Zalman, David)
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4 4 motion Transfer Case Wed 04/23 5:45 PM
MOTION to Transfer Case to United States District Court for the Central District of California . Document filed by Zachary A Vella..(Albergo, Damian)
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Att: 1 Affidavit Declaration of Damian L. Albergo,
Att: 2 Exhibit 1 to Albergo Declaration,
Att: 3 Exhibit 1 to Albergo Declaration,
Att: 4 Supplement Brief in Support of Motion to Transfer
Thursday, April 03, 2025
3 3 service Certificate of Service Other Thu 04/03 12:40 PM
CERTIFICATE OF SERVICE of NOTICE OF REMOVAL AND EXHIBITS served on PLAINTIFF GREYHAWK HAWTHORNE LENDER, LLC on APRIL 1, 2025. Document filed by Zachary A Vella..(Albergo, Damian)
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Wednesday, April 02, 2025
notice Case Opening Initial Assignment Notice Wed 04/02 10:55 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc)
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utility Case Designation Wed 04/02 10:56 AM
Magistrate Judge Robert W. Lehrburger 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc)
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utility Case Designated ECF Wed 04/02 10:56 AM
Case Designated ECF. (pc)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Wed 04/02 11:19 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Damian Leonard Albergo. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)
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Tuesday, April 01, 2025
2 2 2 pgs misc Civil Cover Sheet Tue 04/01 4:44 PM
CIVIL COVER SHEET filed..(Albergo, Damian)
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1 1 11 pgs notice Notice of Removal Tue 04/01 4:40 PM
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 650508/2025. (Filing Fee $ 405.00, Receipt Number ANYSDC-30861835).Document filed by Zachary A Vella..(Albergo, Damian)
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Att: 1 Exhibit Exhibit 1 - Summons,
Att: 2 Exhibit Exhibit 2 - Notice of Motion for Summary Judgment in Lieu of Complaint,
Att: 3 Exhibit Exhibit 3 - Dornin Affidavit,
Att: 4 156 pgs Exhibit Exhibit 1 to Dornin Aff - Loan Agreement,
Att: 5 Exhibit Exhibit 2 to Dornin Aff - Promissory Note,
Att: 6 Exhibit Exhibit 3 to Dornin Aff - Recorded Assignments,
Att: 7 Exhibit Exhibit 4 to Dornin Aff - Omnibus Assignment,
Att: 8 Exhibit Exhibit 5 to Dornin Aff - Recourse Guaranty,
Att: 9 Exhibit Exhibit 6 to Dornin Aff - April 3, 2023 Notice of Default,
Att: 10 Exhibit Exhibit 7 to Dornin Aff - Forbearance Agreement,
Att: 11 Exhibit Exhibit 8 to Dornin Aff - DIL Agreement,
Att: 12 Exhibit Exhibit 9 to Dornin Aff - February 6, 2024 Default Letter,
Att: 13 Exhibit Exhibit 10 to Dornin Aff - March 1, 2024 Default Letter,
Att: 14 Exhibit Exhibit 11 to Dornin Aff - March 21, 2024 Recorded Notice of Default,
Att: 15 Exhibit Exhibit 12 to Dornin Aff - June 2024 Term Sheet,
Att: 16 Exhibit Exhibit 13 to Dornin Aff. - August 7, 2024 letter,
Att: 17 Exhibit Exhibit 14 to Dornin Aff - September 17, 2024 Letter,
Att: 18 6 pgs Exhibit Exhibit 15 to Dornin Aff - Payoff Statement dated December 16, 2024,
Att: 19 Exhibit Exhibit 4 - Plaintiff's Memorandum of Law in Support of Motion for Summary Judgment,
Att: 20 Exhibit Exhibit 5 - Request for Judicial Intervention,
Att: 21 Exhibit Exhibit 6 - Commercial Division Addendum,
Att: 22 Exhibit Exhibit 7 - Notice of Amended Motion,
Att: 23 Exhibit Exhibit 8 - Supplemental Affidavit of Chris Dornin,
Att: 24 Exhibit Exhibit 16 to Dornin Supp. Aff. - 13040 Cerise's Bankruptcy Petition,
Att: 25 Exhibit Exhibit 17 to Dornin Supp. Aff - 12536 Chadron's Bankruptcy Petition,
Att: 26 Exhibit Exhibit 18 to Dornin Supp. Aff. - 13100 Yukon's Bankruptcy Petition,
Att: 27 Exhibit Exhibit 19 to Dornin Supp. Aff. - 13007 Yukon's Bankruptcy Petition,
Att: 28 Exhibit Exhibit 9 - Plaintiff's Supplemental Memorandum of Law in Support of Amended Motion for Summary Judgment,
Att: 29 Exhibit Exhibit 10 - Affidavit of Service to Zachary Vella - FL,
Att: 30 Exhibit Exhibit 11 - Affidavit of Service as to Zachary Vella - NY,
Att: 31 Exhibit Exhibit 12 - Affidavit of Service as to Zachary Vella - RI,
Att: 32 Exhibit Exhibit 13 - Notice of Appearance of Damian L. Albergo (post RJI),
Att: 33 Exhibit Exhibit 14 - Letter to Court from Damian L. Albergo dated March 27, 2025,
Att: 34 Exhibit Exhibit 15 - Letter from Court dated March 28, 2025,
Att: 35 Exhibit Exhibit 16 - Central District of California Bankruptcy Complaint