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Scott Terry is a newly minted JUDGEMENT DEBTOR for $11,000,000
https://www.pacermonitor.com/public/case/22741556/Greensill_Capital_UK_Limited_v_Tempus_Intermediate_Holdings,_LLC_et_al
Now it's "follow the money", where did that $11,000,000 go? Greensill will be looking to claw that money back.
no appearance from an attorney as of today, therefore no indication Tempus will defend this default.
They need an attorney to respond. Terry can't represent the company even if he wanted. If an attorney does not enter an appearance then the judge will have not choice but to enter a default judgment.
DEFAULT ENTERED - Global One vs Tempus Applied Solutions, LLC et al.
Clerk's ENTRY OF DEFAULT as to Tempus Applied Solutions Holdings, Inc., Tempus Applied Solutions, LLC, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, for failure to file an answer in this action. This default is noted on the Court's docket this date. (jrin)
Over $11M between Greensill and Global One.
There was no discovery.
Greensill filed a TRO which they got, and then filed a summary judgment on the pleadings which it looks like they will get with very little litigation expense for Greensill.
Greensill will then perform a creditors exam (AKA a rectum exam), which will surely involve the sending out of targeted subpoenas to personal and business related accounts of Terry/TMPS and the clawing back of assets will begin.
Looks like Terry threw in the towel; filed yesterday.
PLAINTIFF'S REPLY IN FURTHER SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AS TO COUNTS I, II AND III OF ITS COMPLAINT
Plaintiff, Greensill Capital (UK) Limited (“Greensill”), hereby submits this reply in further support of its motion for summary judgment [ECF Nos. 50 and 51] as to Counts I, II and III of its Complaint [ECF No. 1] against Defendants, Tempus Intermediate Holdings, LLC (“Tempus”), Jack Gulbin (“Gulbin”) and B. Scott Terry (“Terry”) (collectively, “Defendants”). In their respective oppositions [ECF Nos. 56 and 57], which are identical, Defendants do not challenge the grounds for awarding Greensill summary judgment on these claims and instead focus entirely on whether Greensill may recover its attorneys’ fees and costs incurred in connection therewith. Judgment as a matter of law should thus be entered in Greensill’s favor on each of these claims with damages awarded accordingly.
To be clear, Defendants do not contest Greensill’s entitlement to recover its attorneys’ fees and costs in this case, just that Greensill has not yet proven the amount of the fees and costs that it is entitled to recover in connection therewith. Nevertheless, Greensill explained during the August 22, 2018 hearing on the motion to withdraw filed by counsel for Tempus and Terry that in the interest of judicial economy and to avoid wasting resources, Greensill is willing to: 1) forego the attorneys’ fees and costs that it is entitled to recover under the Guaranty Agreement; and 2) accept interest at the Virginia statutory rate of 6% per year, rather than the higher rate of interest to which Greensill is entitled under the Customer Agreement and the Forbearance Agreement.2 Greensill, therefore, requests that the Court enter a damage award in its favor totaling $10,951,897.10, comprised of the $9,658,224.34 principal balance owed by Defendants under the Customer Agreement, Guaranty Agreement and Forbearance Agreement and the $1,293,672.76 in interest accrued since Defendants’ default in May 2016.3
CONCLUSION
For the reasons set forth above and in Greensill’s summary judgment motion and supporting memorandum, Greensill respectfully requests that the Court: 1) grant Greensill summary judgment on Counts I, II and III of its Complaint; 2) enter final judgment in favor of Greensill and against Defendants on Counts I, II, III and IV of its Complaint and award Greensill damages in the total amount of $10,951,8979.10; and 3) grant Greensill any other or additional relief deemed just and proper.
GlobalOne Management Group Limited v. Tempus Applied Solutions, LLC et al
August 20, 2018
NOTICE TO COUNSEL: Responsive pleadings have not been filed by defendants Tempus Applied Solutions, LLC and Tempus Applied Solutions Holdings, Inc. Plaintiffs counsel is requested to file a status report electronically within fifteen (15) days from the date of this notice. The status report should be in the form of a pleading which conforms to ECF Policies and Procedures. (jjon)
Another case where Tempus (AKA: Terry) does not have counsel. The court is instructing GlobalOne to file an update with the court because Tempus has not bothered to respond to the complaint, probably before the court enters a default.
Greensill vs Temps & Terry update:
This matter came before the Court on the Motion to Withdraw as Attorney (ECF 38) by
Mr. Byrd. David Barger appeared on behalf of Plaintiff Lee Byrd appeared on behalf
of Defendants Tempus Intermediate Holdings, LLC and B. Scott Terry. Matthew
Meadows appeared on behalf of Defendant Jack Gulbin. B. Scott Terry present.
Comments and questions by the Court. Mr. Terry consents to the withdrawal and
indicates he has no financial means to obtain counsel. Response of all counsel heard.
The Court will look at the consequences ofleaving Tempus without counsel at this
juncture of the proceedings and prepare an Order.
Court in recess.
Follow the money once Greensill gets a judgment.
Let's just see what the judge says, a hearing date was set up for Terry/Tempus today in Virginia. The judge will have no choice but to default Tempus (for not having an attorney, an individual can't represent a company), Terry, and Jack, if not it will unfairly prejudice the other side.
I'm sure a creditor's exam after the default will show the money trail.
https://www.pacermonitor.com/public/case/22741556/Greensill_Capital_UK_Limited_v_Tempus_Intermediate_Holdings,_LLC_et_al
Interesting; that's the same CFO for TMPS right? This letter was just posted on the court's system.
In my opinion, some of that $10M made it's way over to TMPS.
Greensill Capital Ltd. v. Tempus Intermediate Holdings, LLC, Jack Gulbin, and B. Scott Terry, 4:17cv127
Dear Lawrence R Leonard,
Thank you for providing time for Tempus Intermediate Holdings, to find new legal counsel for the
Company.
The financial situation of the Company continues to be difficult and management have not been able
to find a new legal counsel, who will work under the current financial constraints.
I understand a hearing is scheduled for August 22, 2018. The Company recognises the importance of
this hearing, although at this stage a firm commitment of attendance cannot be provided.
You are most welcome to contact me, should you have any questions.
Kind regards,
Johan Bergendorff
Manager, Tempus Intermediate Holdings, LLC
johan.aksel.bergendorff@gmail.com
+44 (0) 78 505 162 75
Scott Terry has till Monday to contact the judge.
Greensill Capital (UK) Limited v. Tempus Intermediate Holdings, LLC et al.
$10M is closing in on Terry fast. He has 5 days to get in touch with the judge.
https://www.pacermonitor.com/public/case/22741556/Greensill_Capital_UK_Limited_v_Tempus_Intermediate_Holdings,_LLC_et_al
ORDER directing the parties to contact the Magistrate Deputies within 5 days of the date of this Order to obtain a hearing date, to be scheduled no later than 14 days from the date of this Order. Defense Counsel is directed to immediately provide Defendants Terry and Tempus and Johan Askel Bergendorff with a copy of this Order. See Order for Details. Signed by Magistrate Judge Lawrence R. Leonard on 8/8/18.
WOW, Scott Terry is screwed! Greensill just filed summary judgment - $10M.
https://www.pacermonitor.com/public/case/22741556/Greensill_Capital_UK_Limited_v_Tempus_Intermediate_Holdings,_LLC_et_al
Greensill already has a partial injunction against Terry.
Even though the court gave Terry till 8/5/2018 to get a lawyer, Terry still has no lawyer. Greensill promptly took advantage of that by filing summary judgment on the 6th. In my opinion, and I bet some of that $10M was used for TMPS operations.
Virginia is the rocket docket of Federal Court, so this will be decided quickly.
Greensill Capital (UK) Limited v. Tempus Intermediate Holdings, LLC et al
Still, no attorney has entered appearance!
It's been more than 45 days since the judge instructed Tempus and Scott Terry to obtain one.
Another interesting recent Johan case reads like a movie script...
https://www.pacermonitor.com/public/case/24289774/Tavakoli_v_Doronin_et_al
Still no reply to the Global One lawsuit from TMPS.
https://www.law.cornell.edu/rules/frcp/rule_12
If there was an agreement to extend time, there would have been a filing to indicate.
There still is not an attorney for TMPS who has made an appearance.
I wonder if Scott Terry will bother to hire an attorney in the $10M Greensill case by August 5th.
Global One Lawsuit - TMPS default judgment possible. TMPS failed to file an answer to complaint due today. An attorney has not entered an appearance on behalf of the company.
TMPS response to the Global One lawsuit is due tomorrow, will be interesting to see what they say or not say in their reply.
Global One seems to think TMPS bankruptcy is imminent.
As of this morning, no attorney has entered an appearance for TMPS. An answer is due Monday.
TMPS has till Monday to reply to Global One's complaint so we'll see what TMPS has to say in response. Considering TMPS did not have the funds to retain an attorney for the Greensill Capital case which resulted in a $9,000,000 injunction, it will be interesting to see what they do with this case.
OH WOW, just noticed the Judge assigned to the Global One case is the same Judge that slapped TMPS and Terry with an injunction or ordered TMPS and Terry to pay back $9,000,000 to Greensill.
TMPS appears to have stiffed a client of their $750,000 deposit. Seems this customer was a significant revenue stream for TMPS based on the #'s this client was paying TMPS.
Global One takes notice of the Greensill's $9,000,000 injunction against TMPS and Scott Terry individually.
TMPS has not returned the log books and aircraft records to Global One, depriving Global One use of their aircraft.
Global One seeks to pierce the corporate veil because Global One believes that their $750,000 deposit was used to pay other debts.
Global One believes there is imminent bankruptcy.
Global One seeks a judgment for $1M +.
Here is the link to this lawsuit.
Looks to be someone with deep pockets = money to pay the best attorneys.
https://www.pacermonitor.com/public/case/24612420/GlobalOne_Management_Group_Limited_v_Tempus_Applied_Solutions,_LLC_et_al
This new lawsuit is no joke, TMPS I hope discloses all of these lawsuits.
ANOTHER LAWSUIT !!
GlobalOne Management Group Limited v. Tempus Applied Solutions, LLC et al
Does anyone know where Jet Support Limited LTD is incorporated?
Another lawsuit; Tempus not paying amounts due to an employee, just filed 5/18: Beale V. Tempus Applied Services, Llc
"IT problems" are "old school", no one uses that excuse anymore. That's like saying the check is in the mail, everyone pays online now.
It is very concerning that Terry does not have money to pay a lawyer, to at least help him with a defense regarding the 10,000,000 he personally guaranteed. The plaintiff already won a preliminary styled injunction already against Terry, so if he does not get a new lawyer soon, he'll have a personal judgment that will most certainly distract him from running TMPS.
I suggest you read the judge's opinion and order, Terry's is prohibited from transferring any assets, which includes selling, pledging, leasing, transferring, until Greensill is paid back the $10,000,000 large.
somebody is unloading this morning.
not unless he spent some of that $10,000,000 large on some TMPS business operations.
look it up yourself, it's public record.
dude, are you serious? Terry is about to have a $10,000,000 judgement against him personally, and he can't even afford a lawyer to represent him. i doubt he's looking into buying a bankrupt company.
Scott Terry; Update on Richmond Federal Court Case 5/16/2018
No settlement agreement reached on 5/15/2018 with Greensill regarding the $10,000,000 personally guaranteed by Scott Terry.
Scott Terry needs to appear in Richmond within 45 days.
Judge's order was posted today.
Update on Scott Terry; Richmond VA Federal Court Case, yesterday.
"Terry reported to defense counsel, however, that Terry does not have the financial resources to engage replacement counsel. If the court grants the Motion to Withdrawl, Terry indicated that he plans to continue pro se".
"Defense counsel" is Terry's attorney by the way. I bet the plaintiff attorneys can find a way to get at TMPS assets if Terry used any of the $10,000,000 on TMPS operations.
Case #: 4:2017cv00127
Does anyone know that Tempus moved out of their Williamsburg VA office last week?