Benthos Master Fund, Ltd. v. Etra

Filing 70

ORDER: This Court ordered the Defendant to file a copy of his letter he provided to the Plaintiff on May 27, 2021 (ECF No. 69.) The Defendant responded to the Court's Order on June, 4, 2021, by emailing the Court's chambers with the at tached email, which the Court has redacted to remove private and personally identifying information. Plaintiff is warned that all communications with the Court need to be filed with the pro se office. An in person conference with the parties is he reby scheduled for Wednesday, June 30, 2021 at 2:30 p.m. in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York, New York. Counsel and parties are required to follow the Courts COVID-safety protocols and should review the Court 9;s website 2 weeks in advance of the conference for the most up to date information. SO ORDERED. ( Status Conference set for 6/30/2021 at 02:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/7/2021) (vfr)

SOUTHERN DISTRICT OF NEW YORK
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BENTHOS MASTER FUND, LTD,

6/7/2021
Petitioner,

ORDER
20-CV-3384 (AJN) (KHP)

-against-

AARON ETRA,
Respondent.
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KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE
This Court ordered the Defendant to file a copy of his letter he provided to the Plaintiff
on May 27, 2021 (ECF No. 69.) The Defendant responded to the Court’s Order on June, 4, 2021,
by emailing the Court’s chambers with the attached email, which the Court has redacted to
remove private and personally identifying information.
Plaintiff is warned that all communications with the Court need to be filed with the pro
se office. An in person conference with the parties is hereby scheduled for Wednesday, June
30, 2021 at 2:30 p.m. in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York,
New York. Counsel and parties are required to follow the Court’s COVID-safety protocols and
should review the Court’s website 2 weeks in advance of the conference for the most up to
date information.
SO ORDERED.
Dated: June 7, 2021
New York, New York

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______________________________
KATHARINE H. PARKER
United States Magistrate Judge

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KING MEL MINING, LLC
 Registered Address: 848 N. Rainbow Blvd., Las Vegas, NV 89107
 [phone]

May 18, 2021
To: Judge Katharine H. Parker
Southern District of New York
500 Pearl Street
New York, NY 10007
Re: Settlement of Civ. 20-3384 Benthos v. Etra
Dear Judge Parker,
Approximately 60 days ago we spoke with Aaron Etra, whom we have known through mutual
business friends over the years, and learned of his situation with a failed transaction where the
Seller did not deliver the product and now Mr. Etra was being held responsible for reimbursement
to the Buyer.
Because we knew of Mr. Etra’s integrity, we spoke with him and asked how we could help.
We told him that we are the owners of certain Mining Claims in the United States that were
going to be used for Project Funding in Europe and that all we were waiting for was the ban for
Americans going to Europe to be lifted so that our funding representative can meet with his
various bankers there to go forward and arrange for funds to be freely available to us and for
providing assistance to Mr. Etra.
At that time, Mr. Etra explained that under the guidance of Your Honor a settlement between
himself and the Plaintiff in the action against him was being discussed requiring funding which he
himself did not have. He later reported to us that a settlement was agreed to on April 1 st
requiring a total payment of $1 Million in regular monthly payments of $83,333.33 beginning
in April.
Though we hoped to be able to provide the timely assistance needed to meet the initial April
payment and then to continue to make the equal monthly payments thereafter, it just was not
possible in that exact time frame as the project funding involved overseas travel to Europe where
the COVID outbreak banned travelers.
Now with the European travel bans being lifted and with his COVID vaccinations completed, our
funding representative will be able to finally undertake travel. He will require two working weeks

in Europe and up to 45 banking days to have available the funds we want to commit to Mr. Etra’s
settlement plan.
To be clear, the funding required for the settlement would have been fully available and paid in
a timely fashion but for COVID, which has also delayed our company plans which have been
pending since the beginning of the COVID crisis.
Therefore, we respectfully request that Your Honor order that the settlement remain in force and
that Aaron Etra be given 60 days to make the first payment, as that is the time frame we are
anticipating. In recognition of this delay, Mr. Etra’s first payment would be for four months of
$83,333.33 each, and then would continue after that for the $83,333.33 per month until the full
amount has been paid.
Mr. Etra is a good man trying to do his best for all concerned and deserves this consideration.
With thanks,
Melvin H. Dussel