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Arena Limited Spv, Llc, Areu Studios Equity Investor, Llc v. Greenberg Georgia Film & Tv Studio Holdings, Llc, Good Deed 317, Llc, Greenberg Holdings, Llc, Greenberg Film And Tv Studio Holdings, Llc, Areu Studios, Llc
A Commercial - Contract - Commercial Division case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of New York County. Judge Barry R. Ostrager presiding.
Case Details
Case Number
Filing Date
November 06, 2021
Last Refreshed
July 23, 2023
Filing Location
New York County, NY
Category
Commercial - Contract - Commercial Division
Practice Area
Commercial
Matter Type
Breach of Contract
Status
Closed
Overview
Arena brings this action against Defendants for ongoing breaches of an agreement
for a $12.4 million loan Arena provided to Defendants. Defendants are in total default on the loan,
stopped making monthly payments, and have physically blocked Arena from examining the
financial records and property covered by the loan.
Concerned for its investment, Arena tried to exercise various rights under the
contract after Defendants’ defaults. These rights included examining financial information, books
and records, and inspecting the property. Arena provided Defendants notice that itwould be
arriving onsite to inspect the property, as allowed under the agreement. Arena also requested the
books and records to ensure proper use and management of its funds, and nevertheless, Defendants
ignored Arena’s request and physically blocked Arena representatives from entering.
Causes of Action
COUNT I – BREACH OF CONTRACT
Parties
Plaintiffs
Arena Limited Spv, Llc
Areu Studios Equity Investor, Llc
Attorneys for Plaintiffs
Berman, Joshua A
Tsier, Alice
Defendants
Areu Studios, Llc
Good Deed 317, Llc
Greenberg Film And Tv Studio Holdings, Llc
Greenberg Georgia Film & Tv Studio Holdings, Llc
Greenberg Holdings, Llc
Attorneys for Defendants
Picca, Dominic J
Case Documents
DECISION ORDER ON MOTION
Date: Jan 27, 2022
DECISION ORDER ON MOTION
Date: Dec 15, 2021
NOTICE OF DISCONTINUANCE (POST RJI)
Date: Dec 10, 2021
ORDER - STATUS CONFERENCE
Date: Dec 08, 2021
TRANSCRIPT - SO ORDERED
Date: Dec 06, 2021
COURT NOTICE
Date: Dec 06, 2021
LETTER / CORRESPONDENCE TO JUDGE (Motion 001)
Date: Dec 02, 2021
COURT NOTICE
Date: Dec 02, 2021
BRIEFING SCHEDULE (Motion 002)
Date: Nov 30, 2021
EXHIBIT(S) - A
Date: Nov 29, 2021
AFFIDAVIT
Date: Nov 23, 2021
LETTER / CORRESPONDENCE TO JUDGE (Motion 001)
Date: Nov 23, 2021
AFFIDAVIT (Motion 001)
Date: Nov 23, 2021
AFFIDAVIT (Motion 001)
Date: Nov 23, 2021
AFFIDAVIT (Motion 001)
Date: Nov 23, 2021
EXHIBIT(S) - - (Motion 001)
Date: Nov 23, 2021
LETTER / CORRESPONDENCE TO JUDGE (Motion 001)
Date: Nov 23, 2021
MEMORANDUM OF LAW IN OPPOSITION (Motion 001)
Date: Nov 22, 2021
AFFIDAVIT (Motion 002)
Date: Nov 22, 2021
AFFIDAVIT (Motion 002)
Date: Nov 22, 2021
AFFIRMATION OF GOOD FAITH (Motion 002)
Date: Nov 22, 2021
NOTICE OF MOTION (Motion 002) Corrected
Date: Nov 22, 2021
COURT NOTICE
Date: Nov 19, 2021
LETTER / CORRESPONDENCE TO JUDGE
Date: Nov 19, 2021
LETTER / CORRESPONDENCE TO JUDGE
Date: Nov 19, 2021
EXHIBIT(S) - A
Date: Nov 19, 2021
ORDER TO SHOW CAUSE
Date: Nov 18, 2021
EXHIBIT(S) - A (Motion 001)
Date: Nov 16, 2021
EXHIBIT(S) - A (Motion 001)
Date: Nov 16, 2021
MEMORANDUM OF LAW IN OPPOSITION (Motion 001)
Date: Nov 16, 2021
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion 001)
Date: Nov 16, 2021
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion 001)
Date: Nov 16, 2021
EXHIBIT(S) - A (Motion 001)
Date: Nov 16, 2021
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion 001)
Date: Nov 16, 2021
EXHIBIT(S) - 2
Date: Nov 15, 2021
COURT NOTICE
Date: Nov 15, 2021
COURT NOTICE (Motion 001)
Date: Nov 15, 2021
EXHIBIT(S) - 1
Date: Nov 15, 2021
EXHIBIT(S) - 8 (Motion 001)
Date: Nov 12, 2021
EXHIBIT(S) - 9 (Motion 001)
Date: Nov 12, 2021
EXHIBIT(S) - 1 (Motion 001) Exhibits 1 - Loan Agreement
Date: Nov 12, 2021
SUMMONS (POST RJI) (AMENDED)
Date: Nov 12, 2021
COMPLAINT (AMENDED)
Date: Nov 12, 2021
EXHIBIT(S) - 3 (Motion 001)
Date: Nov 12, 2021
EXHIBIT(S) - 4 (Motion 001)
Date: Nov 12, 2021
ORDER TO SHOW CAUSE ( PROPOSED ) (Motion 001) Corrected
Date: Nov 12, 2021
ADDENDUM - COMMERCIAL DIVISION (840C) (POST RJI)
Date: Nov 12, 2021
EXHIBIT(S) - 10 (Motion 001)
Date: Nov 12, 2021
EXHIBIT(S) - 11 (Motion 001)
Date: Nov 12, 2021
EXHIBIT(S) - 12 (Motion 001)
Date: Nov 12, 2021
AFFIRMATION (Motion 001) Corrected
Date: Nov 12, 2021
EXHIBIT(S) - 2 (Motion 001)
Date: Nov 12, 2021
EXHIBIT(S) - 6 (Motion 001)
Date: Nov 12, 2021
EXHIBIT(S) - 5 (Motion 001)
Date: Nov 12, 2021
COURT NOTICE (Motion 001)
Date: Nov 12, 2021
EXHIBIT(S) - 7 (Motion 001)
Date: Nov 12, 2021
EXHIBIT(S) - 13 (Motion 001)
Date: Nov 12, 2021
COMPLAINT
Date: Nov 06, 2021
AFFIRMATION
Date: Nov 06, 2021
EXHIBIT(S) - 1 Exhibit 1 - Loan Agreement
Date: Nov 06, 2021
EXHIBIT(S) - 2
Date: Nov 06, 2021
EXHIBIT(S) - 4
Date: Nov 06, 2021
EXHIBIT(S) - 7
Date: Nov 06, 2021
EXHIBIT(S) - 3
Date: Nov 06, 2021
EXHIBIT(S) - 8
Date: Nov 06, 2021
NOTICE OF APPEARANCE (PRE RJI)
Date: Nov 06, 2021
RJI -RE: ORDER TO SHOW CAUSE Corrected
Date: Nov 06, 2021
SUMMONS
Date: Nov 06, 2021
EXHIBIT(S) - 6
Date: Nov 06, 2021
EXHIBIT(S) - 9
Date: Nov 06, 2021
EXHIBIT(S) - 5
Date: Nov 06, 2021
ADDENDUM - COMMERCIAL DIVISION (840C)
Date: Nov 06, 2021Case Events
| Date | Type | Description | |
|---|---|---|---|
| January 27, 2022 | DECISION + ORDER ON MOTION | ||
| December 15, 2021 | DECISION + ORDER ON MOTION | ||
| December 10, 2021 |
NOTICE OF DISCONTINUANCE (POST RJI) Notice of Discontinuance |
||
| December 08, 2021 | ORDER - STATUS CONFERENCE | ||
| December 06, 2021 | TRANSCRIPT - SO ORDERED | ||
| December 06, 2021 | COURT NOTICE | ||
| December 02, 2021 |
LETTER / CORRESPONDENCE TO JUDGE (Motion #001) Letter to Justice Ostrager from Joshua Berman re: Payoff letter |
||
| December 02, 2021 | COURT NOTICE | ||
| December 01, 2021 |
LETTER / CORRESPONDENCE TO JUDGE (Motion #001) *Corrected* Defendants' Letter regarding Interim Decision and Order entered on November 29, 2021 Redacted per 22 NYCRR Defendants' Letter regarding Interim Decision and Order entered on November 29, 2021 Redacted |
||
| November 30, 2021 |
BRIEFING SCHEDULE (Motion #002) Per Referee |
||
| November 29, 2021 |
EXHIBIT(S) - A First Amended Joint Exhibit List |
||
| November 29, 2021 |
LETTER / CORRESPONDENCE TO JUDGE Letter to Justice Ostrager from Alice Tsier enclosing an amended version of the parties' Joint Exhib Letter to Justice Ostrager from Alice Tsier enclosing an amended version of the parties' Joint Exhib ... show more |
||
| November 24, 2021 |
ADJOURNMENT OF MOTION -REQUEST -IN SUBMISSIONS PART -RM 130 (Motion #002) Defendants' Letter requesting extension of time to respond to Plaintiffs' Motion for an Order of Con Defendants' Letter requesting extension of time to respond to Plaintiffs' Motion for an Order of Con ... show more |
||
| November 24, 2021 |
LETTER / CORRESPONDENCE TO JUDGE (Motion #001) Defendants' Letter objecting to Plaintiffs' Letter to Court requesting consideration of untimely aff Defendants' Letter objecting to Plaintiffs' Letter to Court requesting consideration of untimely aff ... show more |
||
| November 24, 2021 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #001) Second Affidavit of Joseph Podesta in Opposition to Plaintiffs' Emergency Motion for Temporary Restr Second Affidavit of Joseph Podesta in Opposition to Plaintiffs' Emergency Motion for Temporary Restr ... show more |
||
| November 24, 2021 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #001) Second Affidavit of Cameron M. McCord in Opposition to Plaintiffs' Emergency Motion for Temporary Re Second Affidavit of Cameron M. McCord in Opposition to Plaintiffs' Emergency Motion for Temporary Re ... show more |
||
| November 24, 2021 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #001) Affidavit of Corey Martin in Opposition to Plaintiffs' Emergency Motion for Temporary Restraining Or Affidavit of Corey Martin in Opposition to Plaintiffs' Emergency Motion for Temporary Restraining Or ... show more |
||
| November 24, 2021 |
ADJOURNMENT OF MOTION -OPPOSITION TO REQUEST -IN SUBMISSIONS PART -RM 130 (Motion #002) Letter to Judge Ostrager from Alice Tsier re: Response to Defendants' Letter seeking an extension to Letter to Judge Ostrager from Alice Tsier re: Response to Defendants' Letter seeking an extension to ... show more |
||
| November 24, 2021 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #001) Second Affidavit of Steven Greenberg in Opposition to Plaintiffs' Emergency Motion for Temporary Res Second Affidavit of Steven Greenberg in Opposition to Plaintiffs' Emergency Motion for Temporary Res ... show more |
||
| November 23, 2021 |
AFFIDAVIT Direct Testimony Affidavit of Vincent DeVito in Support of Motion #001 |
||
| November 23, 2021 |
LETTER / CORRESPONDENCE TO JUDGE (Motion #001) Letter to Ostrager from Alice Tsier re: First Amended Joint Exhibit List |
||
| November 23, 2021 |
AFFIDAVIT (Motion #001) Affidavit of Mace Liberman |
||
| November 23, 2021 |
AFFIDAVIT (Motion #001) Correct Direct Testimony of Vincent Devito |
||
| November 23, 2021 |
AFFIDAVIT (Motion #001) Affidavit Michael A. Helfant |
||
| November 23, 2021 |
EXHIBIT(S) - - (Motion #001) First Amended Joint Exhibit List |
||
| November 23, 2021 |
LETTER / CORRESPONDENCE TO JUDGE (Motion #001) Letter to Ostrager from Alice Tsier re: Refiling Affidavit of Marc Liberman and Helfant |
||
| November 22, 2021 |
MEMORANDUM OF LAW IN OPPOSITION (Motion #001) Amended Memorandum of Law |
||
| November 22, 2021 |
AFFIDAVIT (Motion #002) Affidavit of Michael A. Helfant |
||
| November 22, 2021 |
MEMORANDUM OF LAW (Motion #002) Memorandum of Law in Support of Plaintiffs Motion for an Order of Contempt and Sanctions Against Def Memorandum of Law in Support of Plaintiffs Motion for an Order of Contempt and Sanctions Against Def ... show more |
||
| November 22, 2021 |
AFFIDAVIT (Motion #002) Affidavit of Mace Lieberman |
||
| November 22, 2021 |
AFFIRMATION OF GOOD FAITH (Motion #002) Affirmation of Good Faith by Joshua Berman |
||
| November 22, 2021 |
NOTICE OF MOTION (Motion #002) *Corrected* Notice of Motion for Order of Contempt and Sanctions Against Defendants |
||
| November 19, 2021 | COURT NOTICE | ||
| November 19, 2021 |
LETTER / CORRESPONDENCE TO JUDGE Letter Addressed to Justice Ostrager re: Joint Exhibit List, Dated November 19, 2021 |
||
| November 19, 2021 |
LETTER / CORRESPONDENCE TO JUDGE Letter to Judge Ostrager providing Dial-In Instructions for November 19, 2021 Conference |
||
| November 19, 2021 |
EXHIBIT(S) - A Exhibit A - Joint Exhibit List |
||
| November 18, 2021 | ORDER TO SHOW CAUSE | ||
| November 16, 2021 |
EXHIBIT(S) - A (Motion #001) Exhibit A to Joseph Podesta Affidavit in Support of MOL in Opposition to TRO Order |
||
| November 16, 2021 |
EXHIBIT(S) - A (Motion #001) Exhibit A to MOL |
||
| November 16, 2021 |
MEMORANDUM OF LAW IN OPPOSITION (Motion #001) Memo of Law in Opposition to Emergency Motion for TRO Order |
||
| November 16, 2021 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #001) Steven Greenberg Affidavit in Support of MOL in Opposition to TRO Order |
||
| November 16, 2021 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #001) Cameron M. McCord Affidavit in Support of MOL in Opposition to TRO Order |
||
| November 16, 2021 |
EXHIBIT(S) - A (Motion #001) Exhibit A to Steven Greenberg in Support of MOL in Opposition to TRO Order |
||
| November 16, 2021 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #001) Joseph Podesta Affidavit in Support of MOL in Opposition to TRO Order |
||
| November 15, 2021 |
EXHIBIT(S) - 2 Exhibit 2 - Joint Appearance Sheet for Hearing scheduled for November 16, 2021 |
||
| November 15, 2021 |
LETTER / CORRESPONDENCE TO JUDGE Letter to Justice Ostrager from Joshua Berman in response to the Court's Notice dated November 15, 2 Letter to Justice Ostrager from Joshua Berman in response to the Court's Notice dated November 15, 2 ... show more |
||
| November 15, 2021 |
LETTER / CORRESPONDENCE TO JUDGE Letter to Justice Ostrager from Joshua Berman in response to the Court's November 12, 2021 Notice an Letter to Justice Ostrager from Joshua Berman in response to the Court's November 12, 2021 Notice an ... show more |
||
| November 15, 2021 |
COURT NOTICE Filing on Behalf of - Rose Ann Magaldi, Law Clerk |
||
| November 15, 2021 |
COURT NOTICE (Motion #001) Filing on Behalf of - Rose Ann Magaldi, Law Clerk |
||
| November 15, 2021 |
EXHIBIT(S) - 1 Exhibit 1 - Email communication with Defendants' Counsel |
||
| November 12, 2021 |
EXHIBIT(S) - 8 (Motion #001) Exhibit 8 - Oct. 18 Notice of Default (2) |
||
| November 12, 2021 |
EXHIBIT(S) - 9 (Motion #001) Exhibit 9 - Oct 28 Notice re: Pledge |
||
| November 12, 2021 |
EXHIBIT(S) - 1 (Motion #001) Exhibits 1 - Loan Agreement Exhibits 1 - Loan Agreement Possible SSN Administratively Redacted |
||
| November 12, 2021 |
SUMMONS (POST RJI) (AMENDED) Amended Summons |
||
| November 12, 2021 |
COMPLAINT (AMENDED) Amended Complaint |
||
| November 12, 2021 |
EXHIBIT(S) - 3 (Motion #001) Exhibit 3 - Corporate Structure |
||
| November 12, 2021 |
EXHIBIT(S) - 4 (Motion #001) Exhibit 4 - Greenberg Pledge |
||
| November 12, 2021 |
ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #001) *Corrected* Proposed Order to Show Cause for Temporary Restraining Order and Preliminary Injunction |
||
| November 12, 2021 |
ADDENDUM - COMMERCIAL DIVISION (840C) (POST RJI) Amended Commercial Division Request for Judicial Intervention Addendum |
||
| November 12, 2021 |
EXHIBIT(S) - 10 (Motion #001) Exhibit 10 - Notice of Acceleration |
||
| November 12, 2021 |
EXHIBIT(S) - 11 (Motion #001) Exhibit 11 - Sept. 29 Notice (Default and Removal) |
||
| November 12, 2021 |
EXHIBIT(S) - 12 (Motion #001) Exhibit 12 - Email, dated Nov. 1, 2021 |
||
| November 12, 2021 |
AFFIRMATION (Motion #001) *Corrected* Affirmation of Compliance |
||
| November 12, 2021 |
EXHIBIT(S) - 2 (Motion #001) Exhibit 2 - LLC Agreement |
||
| November 12, 2021 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #001) Amended Affidavit of Vincent DeVito in Support of Plaintiffs Application for a Temporary Restraining Amended Affidavit of Vincent DeVito in Support of Plaintiffs Application for a Temporary Restraining ... show more |
||
| November 12, 2021 |
EXHIBIT(S) - 6 (Motion #001) Exhibit 6 - Sept. 28 Notice of Default |
||
| November 12, 2021 |
EXHIBIT(S) - 5 (Motion #001) Exhibit 5 - Areu Pledge |
||
| November 12, 2021 |
COURT NOTICE (Motion #001) Filing on Behalf of - Rose Ann Magaldi, Principal Law Clerk to Justice Ostrager |
||
| November 12, 2021 |
EXHIBIT(S) - 7 (Motion #001) Exhibit 7 - Oct. 18 Notice of Default (1) |
||
| November 12, 2021 |
MEMORANDUM OF LAW IN SUPPORT (Motion #001) Amended Memorandum of Law in Support of Plaintiffs' Order to Show Cause for a Motion for a Temporary Amended Memorandum of Law in Support of Plaintiffs' Order to Show Cause for a Motion for a Temporary ... show more |
||
| November 12, 2021 |
EXHIBIT(S) - 13 (Motion #001) Exhibit 13 - Email, dated Nov. 2, 2021 |
||
| November 06, 2021 | COMPLAINT | ||
| November 06, 2021 |
MEMORANDUM OF LAW IN SUPPORT Memorandum of Law in Support of the Order to Show Cause for an Emergency Motion for Temporary Restra Memorandum of Law in Support of the Order to Show Cause for an Emergency Motion for Temporary Restra ... show more |
||
| November 06, 2021 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT Affidavit of Vincent Devito in Support of Plaintiff's Order to Show Cause for an Emergency Motion fo Affidavit of Vincent Devito in Support of Plaintiff's Order to Show Cause for an Emergency Motion fo ... show more |
||
| November 06, 2021 | Affirmation of Compliance with 22 NYCPR 202.7(F) AND 202.8-E | ||
| November 06, 2021 |
EXHIBIT(S) - 1 Exhibit 1 - Loan Agreement Exhibit 1 - Loan Agreement Possible SSN Administratively Redacted |
||
| November 06, 2021 |
EXHIBIT(S) - 2 Exhibit 2 - LLC Agreement |
||
| November 06, 2021 |
EXHIBIT(S) - 4 Exhibit 4 - Areu Pledge |
||
| November 06, 2021 |
EXHIBIT(S) - 7 Exhibit 7 - Notice of Default |
||
| November 06, 2021 |
EXHIBIT(S) - 3 Exhibit 3 - Corporate Structure |
||
| November 06, 2021 |
EXHIBIT(S) - 8 Exhibit 8 - Email, dated Nov. 1, 2021 |
||
| November 06, 2021 |
NOTICE OF APPEARANCE (PRE RJI) Notice of Appearance of Joshua Berman |
||
| November 06, 2021 |
RJI -RE: ORDER TO SHOW CAUSE *Corrected* Contract |
||
| November 06, 2021 | SUMMONS | ||
| November 06, 2021 |
EXHIBIT(S) - 6 Exhibit 6 - Notice of Exercise of Pledge Agreement Rights |
||
| November 06, 2021 |
EXHIBIT(S) - 9 Exhibit 9 - Email, dated Nov. 2, 2021 |
||
| November 06, 2021 |
EXHIBIT(S) - 5 Exhibit 5 - Greenberg Pledge |
||
| November 06, 2021 | ADDENDUM - COMMERCIAL DIVISION (840C) |
