Blue Citi LLC v. 5Barz International Inc.

Filing 141

ORDER granting 129 Motion for to Expand Receivership; denying 133 Motion for Conference. IT IS HEREBY ORDERED THAT: 1. The motion to expand the receivership is GRANTED. 2. The parties are directed to respond to the pending moti on to intervene no later than April 17, 2020, indicating why the Court should not permit EMA Financial LLC to intervene in this case. 3. The request for an emergency conference is DENIED. Defendant may file a motion to vacate a f inal judgment under Federal Rule of Civil Procedure 60(b) by April 30, 2020. If Defendant makes such a motion, Plaintiff's opposition is due by May 22, 2020. The Clerk of Court is respectfully directed to close the open motions at docket entries 129 and 133. (Signed by Judge Valerie E. Caproni on 3/30/2020) (mro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BLUE CITI LLC,
:
:
Plaintiff,
:
:
-against:
:
5BARZ INTERNATIONAL INC.,
:
:
Defendant. :
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VALERIE CAPRONI, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 3/30/2020

16-CV-9027 (VEC)
ORDER

WHEREAS on March 4, 2020, Receiver filed an emergency motion to expand the
receivership (Dkt. 129);
WHEREAS on March 5, 2020 third-party EMA Financial LLC filed a motion to
intervene in this case (Dkt. 131);
WHEREAS on March 10, 2020, Defendant filed a letter motion requesting that the Court
“sua sponte vacate all judgments and orders hereto before made,” and requesting an emergency
conference (Dkt. 133);
IT IS HEREBY ORDERED THAT:
1. The motion to expand the receivership is GRANTED.
2. The parties are directed to respond to the pending motion to intervene no later than April
17, 2020, indicating why the Court should not permit EMA Financial LLC to intervene in
this case.
3. The request for an emergency conference is DENIED. Defendant may file a motion to
vacate a final judgment under Federal Rule of Civil Procedure 60(b) by April 30, 2020.
If Defendant makes such a motion, Plaintiff’s opposition is due by May 22, 2020.

The Clerk of Court is respectfully directed to close the open motions at docket entries
129 and 133.

SO ORDERED.
_________________________________
VALERIE CAPRONI
United States District Judge

Date: March 30, 2020
New York, New York

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