Silicon Valley Bank v. JES Global Capital GP III, LLC et al

Filing 34

ORDER re: #26 Order to Show Cause, #31 Order to Show Cause, Set Deadlines. it is therefore, ORDERED AND ADJUDGED that the Orders previously entered on March 29, 2021 and March 31, 2021 (DE No.'s 26 and 31) shall not prohibit the managers of Canes Nineteen, LLC, Richard Annunziata, Martin Nestares and Adam Bleggi, from paying the employee health insurance premiums in the amount of $7,563.94 due on April 1, 2021 using funds held in the name of Canes Nineteen, LLC in the account with the last four digits 9271 at JPMorgan Chase Bank, N.A., d/b/a Chase Bank. The Court's prior orders otherwise remain in full force and effect pending further order on any subsequent motion for modification by any interested party. SO ORDERED. (Signed by Judge John P. Cronan on 4/1/2021) (kv) Transmission to Finance Unit (Cashiers) for processing.

UNITED STATES DISTRICT COURT
IN THE SOUTHERN DISTRICT OF NEW YORK
CASE NO. 2021 Civ. 2552 (JPC)
SILICON VALLEY BANK
Plaintiff,
v.
JES GLOBAL CAPITAL GP III. LLC;
and ELLIOT S. SMERLING
Defendants.
_____________________________________/
[PROPOSED] ORDER
THIS CAUSE having come before the Court at hearing on March 31, 2021 upon Plaintiff’s
Ex Parte Motion for an Order of Attachment and Temporary Restraining Order with respect to
certain assets of the Defendants, including a Chase Bank Account with the last four digits 9271 in
the name of Canes Nineteen LLC, and the Court having been advised by counsel for the managers
of Canes Nineteen LLC that approximately $7,563.94 contained in that account is immediately
necessary for the managers of that entity to pay for the health insurance of its employees; that one
of the three managers of that entity, Richard Annunziata, is currently undergoing chemotherapy
for advanced liver cancer and that the insurance payment for the employee health policies are due
on April 1, 2021; and that in order to allow the managers of Canes Nineteen LLC to make such
payment and prevent any interruption of Mr. Annunciata’s treatment, the managers seek to be
relieved of the restrictions imposed upon the account by the court’s previous orders in this matter
to the extent necessary to pay the premiums owed, and counsel for Plaintiff having indicated he
has no objection to the limited relief sought, it is therefore,
ORDERED AND ADJUDGED that the Orders previously entered on March 29, 2021
and March 31, 2021 (DE No.’s 26 and 31) shall not prohibit the managers of Canes Nineteen,
LLC, Richard Annunziata, Martin Nestares and Adam Bleggi, from paying the employee health

insurance premiums in the amount of $7,563.94 due on April 1, 2021 using funds held in the name
of Canes Nineteen, LLC in the account with the last four digits 9271 at JPMorgan Chase Bank,
N.A., d/b/a Chase Bank. The Court’s prior orders otherwise remain in full force and effect pending
further order on any subsequent motion for modification by any interested party.
1st
DONE AND ORDERED this _________ day of April, 2021.
__________________________________
Honorable John P. Cronan
United States District Judge

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