Wilmington Trust, National Association v. Winta Asset Management LLC et al

Filing 14

ORDER: The plaintiff has moved for the appointment of a Receiver for certain property including a building. The plaintiff has failed to explain why the appointment of a Receiver would be appropriate at this point before the Complaint is served on the defendants and why the relief should be granted ex parte, particularly in view of the fact that the building itself is not at risk of disappearing. If the plaintiff seeks the immediate appointment of a Receiver, the plaintiff should submit supp lemental papers explaining the appropriateness of such relief at this time without notice to the defendants and before the Complaint has been served. If no further papers are submitted, decision on the motion will await service of notice of the motion on the defendants, and an opportunity for the defendants to respond to the motion. (Signed by Judge John G. Koeltl on 7/30/2020) (nb)

Case 1:20-cv-05309-JGK Document 14 Filed 07/30/20 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
────────────────────────────────────
WILMINGTON TRUST NATIONAL
ASSOCIATION,
20cv5309 (JGK)
Plaintiff,
ORDER
- against WINTA ASSET MANAGEMENT LLC et al.,
Defendants.
────────────────────────────────────
JOHN G. KOELTL, District Judge:
The plaintiff has moved for the appointment of a Receiver
for certain property including a building. The plaintiff has
failed to explain why the appointment of a Receiver would be
appropriate at this point before the Complaint is served on the
defendants and why the relief should be granted ex parte,
particularly in view of the fact that the building itself is not
at risk of disappearing. If the plaintiff seeks the immediate
appointment of a Receiver, the plaintiff should submit
supplemental papers explaining the appropriateness of such
relief at this time without notice to the defendants and before
the Complaint has been served. If no further papers are
submitted, decision on the motion will await service of notice
of the motion on the defendants, and an opportunity for the
defendants to respond to the motion.
SO ORDERED.
Dated:

New York, New York
July 30, 2020

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/s/ John G. Koeltl
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John G. Koeltl
United States District Judge