REILS Finance SPV v. CIP 1300 U Street Owner, LLC

District Court, S.D. New York·Decided December 16, 2022·No. 1:22-cv-07280·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : REILS FINANCE SPV, : : Plaintiff, : : 22-CV-7280 (JMF) -v- : : ORDER CIP 1300 U STREET OWNER, LLC, and ROBERT W. : CLIPPINGER, : : Defendants. : : ---------------------------------------------------------------------- X

JESSE M. FURMAN, United States District Judge:

At 12:47 p.m. yesterday, the Court received an e-mail from Defendant Robert Clippinger, with two attachments, all of which are attached to this Order as Exhibit A.

Later that afternoon, the Court held a teleconference. As stated on the record:

• Defendants are granted one final extension of the deadline to file any opposition to Plaintiff’s Motion for Default Judgment (including any argument that this case is subject to the automatic bankruptcy stay) to January 19, 2023. If there is no opposition filed by that date, the Court may enter default judgment as unopposed.

• Plaintiff’s deadline to file any reply is January 26, 2023.

• The Court will hold a Default Judgment hearing on February 2, 2023, at 3:45 p.m. To joint the proceeding, the parties should call 888-363-4749 and use access code 5421540#. Members of the press and public may call the same number, but will not be permitted to speak during the conference. The parties are reminded to follow the procedures for telephone conferences described in the Court’s Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. Among other things, those procedures require counsel to provide advance notice of who will participate in the conference and the telephone numbers they will use to participate.

In addition, the Court reminds Defendants that corporate entities may appear in federal court only through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007), and where such an entity “repeatedly fails to appear by counsel, a default judgment may be entered against it,” Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted). The Clerk of Court is directed (1) to update the docket to reflect that Mr. Clippinger is (unless and until an attorney enters a notice of appearance on his behalf) proceeding pro se and (2) to mail a copy of this Order to Mr. Clippinger at the address set forth on the attached email. SO ORDERED. Dated: December 16, 2022 New York, New York SSE RMAN ited States District Judge

COURT EXHIBIT A Furman NYSD Chambers eee From: Bob Clippinger |i Sent: Thursday, December 15, 2022 12:47 PM Graham, Christopher; Froukje Zieleman; Bob Clippinger Subject: RE: REILS Finance SPV v. CIP 1300 U Street Owner, LLC, et al.; S.D.NLY. Case No. 1:22-cv-07280-JMF [WWLLP-PHLDMS1.FID3607183] 2022_8 4 Notice Chp. 11 Filing.pdf; 2022_8_4 Voluntary Petition for Non-Individuals Filing for BK.pdf

Honor, Respectfully | will attend today prose. | am meeting with an attorney and in the process of engaging a firm. underlying entity, 1300 U Street Owner, LLC is in bankruptcy and so | believe a stay is in effect. | have attached documentation for the bankruptcy in the United States Bankruptcy Court. are in the process of filing a plan of reorganization and the joint plan is to refinance the property with REILS Finance (the “Plaintiff’) per the plan they provided us this week. This plan will cure any possible defaults. default is not ripe for review and the underlying asset is in bankruptcy and we are in the process of adding value to asset still. will be joining the Hearing vi and thank you.

Bob Clippinger President Clippinger Investment Properties, Inc. Los Angeles Office | 4910 W 1*' Street | Los Angeles, CA 90004 Sacramento Office | 1020 12" Street, Suite 201 | Sacramento, CA 95814 CLIPPINGER Direct | Main 949.363.7676 FGACY (INVESTMENT FROFERTH | www.cip-inc.com

CONFIDENTIALITY NOTE: This message contains information which may be privileged or confidential, or exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby NOTIFIED that any dissemination, distribution, retention, archiving, or copying of this communication Is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail to the sender or by calling our office at (949) 363.7676

Wednesday, December 14, 2022 1:05 PM Furman_NYSDChambers@nysd.uscourts.gov REILS Finance SPV v. CIP 1300 U Street Owner, LLC, et al.; S.D.N.Y. Case No. 1:22-cv-07280-JMF [WWLLP- PHLDMS1.FID3607183]

Honor, represent REILS Finance SPV (the “Plaintiff’), plaintiff in the above-referenced matter currently pending before the Court. A hearing on Plaintiff's Motion for Default Judgment [ECF Doc. Nos. 20-25] is currently scheduled for December 15, 2022 at 4:30 P.M. (the “Hearing”), as is an initial pre-trial conference. Pursuant to the Court’s Orders dated November 28, 2022 [ECF Doc. Nos. 42 and 43], as well as Rule 3(B)(i) of the Court’s Individual Rules and Practices in Civil Cases, please allow this correspondence to serve as the email to chambers as required thereunder. will be appearing tomorrow on behalf of Plaintiff along with my colleague, Mr. Christopher F. Graham, Esq., and we both intend to speak at the Hearing. Mr. Graham and | expect to be joining the Hearing via >. have made inquiry as to whether defendants, CIP 1300 U Street Owner, LLC (the “LLC Defendant”) and Mr. Robert Clippinger (“Mr. Clippinger”), intend to appear at the Hearing but have not yet been able to confirm their attendance. Mr. Clippinger, an individual defendant and principal of the LLC Defendant, is copied on this

Please contact the undersigned at the Court’s convenience should Your Honor have any questions regarding this

Respectfully Submitted Travis Powers

White and Williams ur Travis Powers | Counsel 7 Times Square, Suite 2900 | New York, NY 10036-6524 Direct Fax | Mobile whiteandwilliams.com Notice: This e-mail message and any documents accompanying this e-mail transmission contain information from the law firm of White and Williams LLP which is privileged and confidential attorney-client and/or work product of counsel. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the taking of or refraining from taking of any action in reliance on the contents of this e-mail information is strictly prohibited and may result in legal action being instituted against you. Please reply to sender advising of the error in transmission and delete the message and any accompanying documents from your system immediately. Thank you.

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NEES NINES Bl NANG LAND AS SAIN FO MANE Central District of California

of Bankruptcy Case Filing

. . FILED bankruptcy case concerning the debtor(s) listed below was filed under Chapter 11 of the States Bankruptcy Code, entered on 08/04/2022 at 1:27 PM and filed on 08/04/2022. 08/04/2022 1:27 □ PH 300U SPE, LLC W. Ist Street Angeles, CA 90004 ID / EIN:

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Related

Grace v. Bank Leumi Trust Company Of New York
443 F.3d 180 (Second Circuit, 2006)
Lattanzio v. Comta
481 F.3d 137 (Second Circuit, 2007)