REILS Fin. SPV v. CIP 1300 U Street Owner, LLC (S.D.N.Y. 2022). · Go Syfert
REILS Fin. SPV v. CIP 1300 U Street Owner, LLC (S.D.N.Y. 2022). Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
REILS Finance SPV
v.
CIP 1300 U Street Owner, LLC
1:22-cv-07280.
District Court, S.D. New York.
Dec 16, 2022.
Unknown

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : REILS FINANCE SPV, : : Plaintiff, : : 22-CV-7280 (JMF) -v- : : ORDER CIP 1300 U STREET OWNER, LLC, and ROBERT W. : CLIPPINGER, : : Defendants. : : ---------------------------------------------------------------------- X

JESSE M. FURMAN, United States District Judge:

At 12:47 p.m. yesterday, the Court received an e-mail from Defendant Robert Clippinger, with two attachments, all of which are attached to this Order as Exhibit A.

Later that afternoon, the Court held a teleconference. As stated on the record:

• Defendants are granted one final extension of the deadline to file any opposition to Plaintiff’s Motion for Default Judgment (including any argument that this case is subject to the automatic bankruptcy stay) to January 19, 2023. If there is no opposition filed by that date, the Court may enter default judgment as unopposed.

• Plaintiff’s deadline to file any reply is January 26, 2023.

• The Court will hold a Default Judgment hearing on February 2, 2023, at 3:45 p.m. To joint the proceeding, the parties should call 888-363-4749 and use access code 5421540#. Members of the press and public may call the same number, but will not be permitted to speak during the conference. The parties are reminded to follow the procedures for telephone conferences described in the Court’s Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. Among other things, those procedures require counsel to provide advance notice of who will participate in the conference and the telephone numbers they will use to participate.

In addition, the Court reminds Defendants that corporate entities may appear in federal court only through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007), and where such an entity “repeatedly fails to appear by counsel, a default judgment may be entered against it,” Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted). The Clerk of Court is directed (1) to update the docket to reflect that Mr. Clippinger is (unless and until an attorney enters a notice of appearance on his behalf) proceeding pro se and (2) to mail a copy of this Order to Mr. Clippinger at the address set forth on the attached email. SO ORDERED. Dated: December 16, 2022 New York, New York SSE RMAN ited States District Judge

COURT EXHIBIT A Furman NYSD Chambers eee From: Bob Clippinger |i Sent: Thursday, December 15, 2022 12:47 PM Graham, Christopher; Froukje Zieleman; Bob Clippinger Subject: RE: REILS Finance SPV v. CIP 1300 U Street Owner, LLC, et al.; S.D.NLY. Case No. 1:22-cv-07280-JMF [WWLLP-PHLDMS1.FID3607183] 2022_8 4 Notice Chp. 11 Filing.pdf; 2022_8_4 Voluntary Petition for Non-Individuals Filing for BK.pdf

Honor, Respectfully | will attend today prose. | am meeting with an attorney and in the process of engaging a firm. underlying entity, 1300 U Street Owner, LLC is in bankruptcy and so | believe a stay is in effect. | have attached documentation for the bankruptcy in the United States Bankruptcy Court. are in the process of filing a plan of reorganization and the joint plan is to refinance the property with REILS Finance (the “Plaintiff’) per the plan they provided us this week. This plan will cure any possible defaults. default is not ripe for review and the underlying asset is in bankruptcy and we are in the process of adding value to asset still. | will be joining the Hearing vi and thank you.

Bob Clippinger President Clippinger Investment Properties, Inc. Los Angeles Office | 4910 W 1*' Street | Los Angeles, CA 90004 Sacramento Office | 1020 12" Street, Suite 201 | Sacramento, CA 95814 CLIPPINGER Direct | Main 949.363.7676 FGACY (INVESTMENT FROFERTH | www.cip-inc.com

CONFIDENTIALITY NOTE: This message contains information which may be privileged or confidential, or exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby NOTIFIED that any dissemination, distribution, retention, archiving, or copying of this communication Is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail to the sender or by calling our office at (949) 363.7676

Wednesday, December 14, 2022 1:05 PM [email protected] REILS Finance SPV v. CIP 1300 U Street Owner, LLC, et al.; S.D.N.Y. Case No. 1:22-cv-07280-JMF [WWLLP- PHLDMS1.FID3607183]

Honor, represent REILS Finance SPV (the “Plaintiff’), plaintiff in the above-referenced matter currently pending before the Court. A hearing on Plaintiff's Motion for Default Judgment [ECF Doc. Nos. 20-25] is currently scheduled for December 15, 2022 at 4:30 P.M. (the “Hearing”), as is an initial pre-trial conference. Pursuant to the Court’s Orders dated November 28, 2022 [ECF Doc. Nos. 42 and 43], as well as Rule 3(B)(i) of the Court’s Individual Rules and Practices in Civil Cases, please allow this correspondence to serve as the email to chambers as required thereunder. | will be appearing tomorrow on behalf of Plaintiff along with my colleague, Mr. Christopher F. Graham, Esq., and we both intend to speak at the Hearing. Mr. Graham and | expect to be joining the Hearing via >. have made inquiry as to whether defendants, CIP 1300 U Street Owner, LLC (the “LLC Defendant”) and Mr. Robert Clippinger (“Mr. Clippinger”), intend to appear at the Hearing but have not yet been able to confirm their attendance. Mr. Clippinger, an individual defendant and principal of the LLC Defendant, is copied on this

Please contact the undersigned at the Court’s convenience should Your Honor have any questions regarding this

Respectfully Submitted Travis Powers

White and Williams ur Travis Powers | Counsel 7 Times Square, Suite 2900 | New York, NY 10036-6524 Direct Fax | Mobile whiteandwilliams.com Notice: This e-mail message and any documents accompanying this e-mail transmission contain information from the law firm of White and Williams LLP which is privileged and confidential attorney-client and/or work product of counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and may result in legal action being instituted against you. Please reply to sender advising of the error in transmission and delete the message and any accompanying documents from your system immediately. Thank you. email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam.

NEES NINES Bl NANG LAND AS SAIN FO MANE Central District of California of Bankruptcy Case Filing

. . FILED bankruptcy case concerning the debtor(s) listed below was filed under Chapter 11 of the States Bankruptcy Code, entered on 08/04/2022 at 1:27 PM and filed on 08/04/2022. 08/04/2022 1:27 PH 300U SPE, LLC W. Ist Street Angeles, CA 90004 ID / EIN:

The case was filed by the debtor's attorney: Matthew D. Resnik RHM Law LLP 17609 Ventura Blvd., Suite 314 Encino, CA 91316 818-285-0100 case was assigned case number 2:22-bk-14236-WB to Judge Julia W. Brand. most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request th to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be Consult a lawyer to determine your rights in this case. would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Jnternet home ww.cacb.uscourts.gov or at the Clerk's Office, 255 East Temple Street,, Los Angeles, CA 90012. may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines.

Kathleen J. Campbell Clerk, U.S. Bankruptcy Court

PACER Service Center Transaction Receipt [PACER Kogins[inbhitnw [lent Coder

team om be ee or: ie States Bankruptcy Court for the: DISTRICT OF CALIFORNIA number (it known) Chapter 11 O Check if this an amended filing

Form 201 oluntary Petition for Non-Individuals Filing for Bankruptcy 06/22 space is needed, attach a separate sheet to this form. On the top of any additional pages, write the debtor's name and the case number {if For more information, a separate document, (nsiructions for Bankruptcy Forms for Non-individuals, is available. Dabtor's name 1300U SPE, LLC All other names debtor used the last 8 years Include any assumed names, trade names and doing business as names Debtor's fedaral Employer Identification mm Number (EIN) Debtor's address Principal place of business Mailing address, if differant from principal place of business 4910 W. 1st Street Los Angeles, CA 90004 Number, Street, City, State & ZIP Code P.O. Box, Number, Street, City, State & ZIP Code Los Angeles Location of principal assets, If different from principal County : place of business 1300 U Street Sacramento, CA 95818 Number, Street, City, State & ZIP Code Debtor's website (URL) Type of debtor @ Corporation {including Limited Liability Company (LLC) and Limited Liability Partnership (LLP) O Partnership (excluding LLP) O Other. Specify:

1300U SPE, LLC Case number (if known} me, °€©€6©] a Describe debtor's business A. Check one: O) Healin Care Business (as defined in 11 U.S.C. § 101(27A)) B® Single Asset Rea! Estate (as defined in 11 U.S.C. § 101(51B)) OD Railroad (as defined in 11 U.S.C. § 101(44)) CO) Stockbroker (as defined in 11 U.S.C. § 101(53A)) O Commodity Broker {as defined in 14 U.S.C. § 101{8)) O Ciearing Bank (as defined in 11 U.S.C. § 781(3)) 0 None of the above B. Check aif that apply D Tax-exempt entity (as described in 26 U.S.C. §501) Investment company, including hedge fund or pooled investment vehicle (as defined in 15 U.S.C. §40a-3) C1 investment advisor (as defined in 15 U.S.C. §80b-24a)(11)) C. NAICS (North American Industry Classification System) 4-digit code that best describes debtor. See http: ; /four-digit-national- iation-nai

Under which chapter of the Check one: Bankruptcy Code Is the debtor filing? Di Chapter 7 A debtor who is a “small CO Chapter 9 business debtor’ must check gy the first sub-box. Adebtor as ~N@Pter 11. Check aif that apply defined in § 1182(1) who 0 The debtor is a small business debtor as defined in 11 U.S.C. § 101(51D), and its aggregate elects to proceed under noncentingent liquidated debts (excluding debts owed to insiders or affilates) are less than subchapter V of chapter 11 $3,024,725. If this sub-box is selected, attach the most recent balance sheet, statement of (whether or not the debtor is a operations, cash-flow statement, and federal income tax return or if any of these documents do not “small business debtor”) must exist, follow the procedure in 41 U.S.C. § 1116(1){B). check the second sub-box. C ‘he debtor is a debtor as defined in 11 U.S.C. § 1182(1). its aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $7,500,000, and It to proceed under Subchapter V of Chapter 11. If this sub-box is selected, attach the most recent balance sheet, statement of operations, cash-flow statement, and federal income tax return, or if any of these documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B). O Aplan is being fited with this petition O Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C § 1126(b) O The debtor is required to file periodic reports (for example, 10K and 100) with the Securities and Exchange Commission according to § 13 of 15(d) of the Securities Exchange Act of 1934. File the Attachment to Voluntary Petition for Non-Individuals Filing far Bankruptcy under Chapter 11 (Official Form 201A) with this form. Os The debtor is a shell company as defined in the Securities Exchange Act of 1934 Rule 12b-2 0 Chapter 12 Were prior bankruptcy ~ , cases filed by or against oO : the debtor within the lasts | Yes. years? If more than 2 cases, attach a separate list District When Case number District When Case number oe ce ee a A cn cc a a we i dn dn ee ee ee ee ee be we ee

1300U SPE, LLC Case number (if known) NAM Are any bankruptcy cases = By, pending or being filed by a Oo business partner or an Yes, affiliate of the debtor?

List all cases, If more than 4, a separate list Debtor a Relationship District When Case number, if known

. Why Is the case filed in = Check all thal apply this district? Cebtor has had its domicile, principal place of business, or principal assets in this district for 180 days immediately preceding the dale of this petition or for a longer part of such 180 days than in any other district. 1 Abankruptey case conceming debtor's affiliate, general partner, or partnership is pending In this district. Doesthedebtorownor Bin, have possession of any 2 real property or personai Yes, Answer below for each propertly that needs immediate attention. Attach additional sheets if needed. property that needs attention? Why does the property need immediate attention? (Check aif that apply.) D It poses or is alleged to pose a threat of imminent and identifiable hazard to public health or safety. What is the hazard? D it needs to be physically secured or protected from the weather. D it includes perishable goods or assets that could quickly deteriorate or lose value withaut attention (for example, livestock, seasonal goods. meat, dairy, produce, or securities-related assets or other options) Oother SN py Whore is the property? Number, Street, City, State & ZIP Code Is the property insured? ONo Oves, Insurance agency _ Contact name Phone Statistical and administrative information Debtor's estimation of ; Check one: funds I Funds will be available for distribution to unsecured creditors. O Afier any administrative expenses are paid, no funds will be available to unsecured creditors. Estimated number of 1-49 D 1,000-5,000 0 25,001-50,000 creditors oOo O 50-99 5001-10.000 D 50,001-100,000 100-199 D 10,001-25,000 O More than100,000 Di 200-9e9 Estimated Assets D $0 - $50,000 $1,000.00 - $10 million 0 $500,000,001 - $1 bitlion 0 $50,001 - $100,000 BB $10,000,001 - $50 milion © $1,000,000,001 - $10 billion OF $100,001 - $500,000 D $50,000,001 - $100 million D $10,000,000,001 - $50 billion D $500,001 - $4 millon $100,000,001 - $500 million CO More than $56 billion Estimated liabilities (1 $0 - $50,000 @ $1,000.00 - $10 million $500,000,001 - $1 billion Meee MD ce De cn ee a ee a ee eh ee me ee ee ae a de

1300U SPE, LLG Gase number (ifknowny O $50,001 - $100,000 $10,000,001 - $50 million 0 $1,000,000,001 - $10 billion 1 $100,001 - $500,000 D0 $50,000,001 - $100 million O $10,000,000,001 - $50 billion D $500,001 - $1 million (1 $100,000,001 - $500 million 0 More than $50 billion

UR-loimiar Datltiaen tar dae_laddviaiale Cilinn far Gaal winteu nace 4

Attorney or Party Name, Address, Telephone & FAX Nos., | FOR COURT USE ONLY State Bar No. & Email Address Matthew D. Resnik 17609 Ventura Bivd. Ste 314 Encino, CA 91316 (818) 285-0100 Fax: (818) 855-7013 California State Bar Number: (SBN 182562} CA [email protected]

0 Debtor(s) appearing without an attorney Attorney for Debtor UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In re: 1300U SPE, LLC CASE NO. CHAPTER: 11

VERIFICATION OF MASTER MAILING LIST OF CREDITORS [LBR 1007-1 (a)] Debtor(s}. Pursuant to LBR 1007-1(a}, the Debtor, or the Debtor's attorney if applicable, certifies under penalty of perjury that the master mailing list of creditors filed in this bankruptcy case, consisting of _ 2 eet(s) is complete, correct, and consistent with the Debtor's schedules and lAve assume all responsibility rors and omissions. Date: August 4, 2022 nature of Debtor 1 Date: Signature of Debtor 2 (joint debtor) ) (if applicable) Date: August 4, 2022 - = — Signature of Attorney for Debtor (if applicable)

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California December 2015 F 1007-1.MAILING.LIST. VERIFICATION

SPE, LLC Case number (if known) Name for Rellef, Declaration, and Signatures -- Bankruptcy fraud is a serious crime. Making a false statement in connection with a bankruptcy case can resull in fines up te $500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571, Declaration and signature of authorized The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this petition. representative of debtor | have been authorized to file this petition on behalf of the debtor. §{ have examined the information in this petition and have a reasonable belief that the information is true and correct. | declare under penalty of perjury that the foregoing is true and correct. Executed August 4, 2022 MM/DDIYYYY x Robert W Clippinger /Signature of authorized representative of debtor Printed name ile Managing Member

Signature of attorney X _ isi Matthew D. Resnik Date August 4, 2022 Signature of attorney for debtor MM /DO/YYVY Matthew D, Resnik _ Printed name RHM LAW, LLP. Firm name 17609 Ventura Blvd. Ste 314 Encino, CA 91316 Number, Street, City, State & ZIP Cade Contact phone (818) 285-0100 Email address [email protected] (SBN 182562) CA Bar number and State

Caren VUaloatarey Dotitinn far _Indiviguale Filing far Bankruntew &

13000 SPE, LLC 4910 W. lst Street Los Angeles, CA 90004

Matthew D. Resnik RHM LAW, LLP. 17609 Ventura Blvd. Ste 314 Encino, CA 91316

California Department of Tax and Fe Special Procedures Section MIC: 29 P.O. Box 942879 Sacramento, CA 94279

Employment Developement Dept Bankruptcy Group MIC 92E PO Box 826880 Sacramento, CA 94280

Franchise Tax Board Attn: Bankruptcy Unit P.O. Box 2952 Sacramento, CA 95812-2952

Internal Revenue Service P.O. Box 7346 Philadelphia, PA 19101-7346

Red Fox Capital Mortgage Fund, LP Rick Abrams P.O. Box 11065 Charlotte, NC 28220

Sacramento County Tax Collector PO Box 508 Sacramento, CA 95812-0508

Vista Capital, LLC 120 Cachanilla Ct Palm Desert, CA 92260