welp looks like custodianship is going to be terminated according to the minutes
02/02/2022 All Pending Motions (2:30 PM) (Judicial Officer Clark Newberry, Tara)
Minutes
02/02/2022 2:30 PM
- MOTION FOR PRELIMINARY INJUNCTION; MOTION TO SET ASIDE ORDER OR RECONSIDER; REQUEST FOR SANCTIONS; AND APPLICATION FOR ORDER SHORTENING TIME...PETITIONER'S OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION; MOTION TO SET ASIDE ORDER OR RECONSIDER; REQUEST FOR SANCTIONS; AND APPLICATION FOR ORDER SHORTENING TIME AND COUNTERMOTION BY PETITIONER TO MODIFY RESTRAINING ORDER Court noted it was surprised by the alleged facts presented by the Respondent. Upon Court's inquiry, Mr. DeNunzio stated he did not wish to retain counsel. Arguments by Mr. Ciciliano and Petitioner. Court FINDS sufficient cause for termination of the custodianship, therefore COURT ORDERED, the restraining order GRANTED IN PART as the Petitioner conceded in their moving papers and in argument today, they no longer wish to be custodian. Court directed Mr. Ciciliano to prepare the Order on that issue. Court FURTHER FINDS it is more appropriate to be deemed a termination of the custodianship as opposed to setting it aside. Court noted there has not been proper service for the contested claims and stated Mr. Ciciliano would need to bring the proper suit to seek damages on behalf of his client. Court stated it understood the concerns of the parties and the Petitioners were seeking a release to avoid being sued, as well as the Respondent was unsure on the amount of damages incurred, if any, due to the custodianship. COURT FURTHER ORDERED, custodianship TERMINATED. Court directed Mr. Ciciliano to prepare the order, including the language directing the Secretary of State to return the status of Cafe Holdings Inc., pre-Petition, to the appropriate officers of the company, Mr. Trachtenberg, as stated at the hearing today and as represented in the documents submitted to the Court. COURT FURTHER ORDERED, Show Cause Hearing SET regarding the request for sanctions for the misconduct that was alleged; further request for attorney's fees DEFERRED until Court makes a determination regarding the order to show case. Court advised Mr. Ciciliano that he needed to comply with the Brunzell factors and submit an affidavit in support prior to the show cause hearing. Court advised the Show Cause hearing would be by Blue Jeans and the Court was essentially treating it as an Evidentiary Hearing. Court directed the parties to exchange witnesses and evidence no later than March 11th. Court noted there was no Motion to Dismiss pending. 3/18/2022 10:00 AM SHOW CAUSE HEARING/EVIDENTIARY HEARING RE: RESPONDENT'S REQUEST FOR SANCTIONS
