December 10, 2017

Gordon Properties, LLC

The following are some of the pleadings and orders in the Gordon Properties, LLC cases.  The entire case files are available on Public Access to Court Electronic Records (PACER) website.  More information about PACER is available at the court’s website under the Electronic Filing heading.

Upcoming Hearing Dates

Pleadings
Injunction Case Gordon Properties, LLC v. First Owners’ Association of Forty Six Hundred, Adv. Proc. No. 09-1304-RGM
Stay Violation Case: Gordon Properties, LLC v. First Owner’s Association of Forty Six Hundred, Adv. Proc. No. 11-1020-RGM
Objection to First Owners’ Association of Forty Six Hundred Condominium, Inc. Proof of Claim:  In re: Gordon Properties, Case No. 09-18086-RGM
Motion to Employ Condominium Services, Inc. (“CSI”):  Gordon Properties, LLC v. First Owners’ Association of Forty Six Hundred, Adv. Proc. No. 11-1020-RGM
Motion to Approve Settlement between Gordon Properties LLC and First Owners’ Association of Forty Six Hundred Condominium, Inc.:  In re:  Gordon Properties LLC, Case No. 09-18086-RGM
Conflict of Interests Case:  Sobel v. Sells, Adv. Proc. No. 12-1562-RGM
Motion to Appoint an Examiner or, in the Alternative, a Chapter 11 Trustee:  In re:  Gordon Properties, LLC, Case No. 09-18086-RGM


Upcoming Hearing Dates

There are currently no upcoming hearings.


Pleadings

Injunction Case:  Gordon Properties, LLC v. First Owners’ Association of Forty Six Hundred, Adv. Proc. No. 09-1304-RGM (Gordon Properties filed this case shortly before the 2010 annual meeting seeking an order requiring that FOA permit it to vote at the 2010 annual meeting.) (Case concluded.)

Debtor’s Complaint for Injunctive Relief to Enforce Automatic Stay (Docket Entry 1)
Answer to Complaint – Defendant’s Opposition to Debtor’s Motion for Preliminary Injunction (Docket Entry 10)
Order, dated October 29, 2009 (Docket Entry 14)
Debtor’s Amended Complaint for Damages for Intentional Violation of Automatic Stay and For Injunctive Relief to Enforce Automatic Stay (Docket Entry 15)
Defendant’s Answer to Debtor’s Amended Complaint for Damages for Intentional Violation of Automatic Stay and For Injunctive Relief to Enforce Automatic Stay (Docket Entry 19)
Transcript of Hearing held December 18, 2009 (Docket Entry 33)
Memorandum Opinion, dated June 2, 2010 (Docket Entry 35)
Order Denying Preliminary Injunction, dated June 2, 2010 (Docket Entry 36)
Notice of Appeal to United States District Court (Docket Entry 41)
Order of United States District Court on Appeal (Docket Entry 80)
Opinion of United States Court of Appeals for the Fourth Circuit (Docket Entry 82)
Final Order (Docket Entry 83)


Stay Violation Case: Gordon Properties, LLC v. First Owner’s Association of Forty Six Hundred, Adv. Proc. No. 11-1020-RGM
(Gordon Properties filed this case seeking to hold FOA in contempt of court for violating the automatic stay after the Board of Directors cancelled the 2011 annual meeting.) (Case on appeal to United States District Court.)

Complaint (Docket Entry 1)
Memorandum Opinion re:  Motion to Dismiss (Docket Entry 43)
Order on Defendant’s Motion to Dismiss Complaint (Docket Entry 47)
Answer and Affirmative Defenses (Docket Entry 52)
Order Regarding Complaint for Injunction, Finding Stay Violation (Docket Entry 73)
Notice of Appeal to United States District Court by First Owners’ Association of Forty Six Hundred Condominium, Inc. (Docket Entry 75)
Memorandum Opinion re:  Stay Violation (Docket Entry 83)
Transcript of Hearing held July 25, 2011 (Docket Entry 103)
Order Regarding Election Results (Docket Entry 210)
Order Remitting Penalty and Awarding Attorneys Fees (Docket Entry 224)
Brief of Gordon Properties, LLC Regarding Qualifications for the FOA Board of Directors (Docket Entry 232)
Brief of FOA Regarding Qualification for the Board of Directors (First Owners’ Association of Forty Six Hundred Condominium, Inc.’s Position Statement)(Docket Entry 233)
Amended Order Regarding Election Results (Docket Entry 239)
Notice of Appeal to United States District Court by Gordon Properties (Docket Entry 246)
Transcript of Hearing held July 23, 2012 (Docket Entry 265)


Objection to First Owners’ Association of Forty Six Hundred Condominium, Inc. Proof of Claim:  In re: Gordon Properties, Case No. 09-18086-RGM
(Gordon Properties objected to FOA’s proof of claim that asserted an additional condominium assessment of $315,673.36.) (Case on appeal to United States District Court.)

First Owners’ Association of Forty Six Hundred Condominium, Inc. Proof of Claim (Claim 2-1)
Attachment to Proof of Claim of First Owners’ Association of Forty Six Hundred Condominium, Inc. (Claim 2-1, Part 2)
Exhibit A, Condominium Instruments (Claim 2-1, Part 3)
Exhibit B – Order of the Circuit Court for the City of Alexandria, January 14, 2009 (Claim 2-1, Part 4)
Debtor’s Objection to Claim of First Owners’ Association of Forty Six Hundred Condominium, Inc. (Docket Entry 99)
Letter Opinion of the Circuit Court for the City of Alexandria, dated February 23, 2009 (Docket Entry 99-1)
Letter Opinion of the Circuit Court for the City of Alexandria, dated April 3, 2009 (Docket Entry 99-2)
Order of the Circuit Court for the City of Alexandria, July 27, 2009 (Docket Entry 99-3)
Response of First Owners’ Association of Forty Six Hundred Condominium, Inc. to Debtor’s Objection to Claim (Docket Entry 107)
Order of Circuit Court for the City of Alexandria, January 30, 2009 (Docket Entry 107-1)
Transcript of Hearing held February 27, 2012 (Docket Entry 377)
Memorandum Opinion (Docket Entry 423)
Order Disallowing Proof of Claim (Docket Entry 424)
Notice of Appeal of Order Disallowing Proof of Claim by First Owners’ Association of Forty Six Hundred Condominium, Inc. (Docket Entry 428)
Motion for Award of Attorneys’ Fees as Prevailing Party (Docket Entry 430)
Supplement to Motion for Award of Attorney’s Fees as Prevailing Party (Docket Entry 684)
United States Trustee’s Objection to Gordon Properties’ Motion for Award of Attorney’s Fees as Prevailing Party (Docket Entry 697)
First Owners’ Association of Forty-Six Hundred Condominium, Inc.’s Response to Debtor’s Supplement to Motion for Award of Attorney’s Fees as Prevailing Party (Docket Entry 698)
Memorandum Opinion re: Attorney’s Fees (Docket Entry 723)
Order Awarding Attorney’s Fees to Prevailing Party (Docket Entry 724)


Motion to Employ Condominium Services, Inc. (“CSI”):  Gordon Properties, LLC v. First Owners’ Association of Forty Six Hundred, Adv. Proc. No. 11-1020-RGM
(FOA and CSI are seeking approval of a management contract between FOA and CSI.) (Motion is pending in Bankruptcy Court.)

Order Regarding Election Results and Employment of Condominium Services, Inc. (Docket Entry 210)
First Owners’ Association of Forty Six Hundred Condominium, Inc. Consent Motion to Approve Engagement of Joe Riviere of Condominium Services, Inc. (Docket Entry 283)
Order Allowing Temporary Engagement of Condominium Services, Inc. (Docket Entry 293)
First Owners’ Association’s Motion to Approve the Service Agreement with Condominium Services, Inc. (Docket Entry 326)
First Owners’ Association of Forty Six Hundred Condominium, Inc. Proposed Service Agreement (Docket Entry 326-1)
Declaration of Eileen Morgan Johnson (Docket Entry 326-2)
Memorandum Opinion (Docket Entry 352)
Order Continuing Status Hearing on Motion to Approve Service Agreement to May 14, 2013 (Docket Entry 353)
Joint Notice of Withdrawal of Motion to Employ Condominium Services, Inc. (Docket Entry 379)


Motion to Approve Settlement between Gordon Properties LLC and First Owners’ Association of Forty Six Hundred Condominium, Inc.:  In re:  Gordon Properties LLC, Case No. 09-18086-RGM
(The parties are seeking approval of a settlement to resolve the outstanding litigation.) (Motion is pending in Bankruptcy Court.)

Order of Mediation (Docket Entry 435)
Joint Motion and Memorandum for Order Approving Settlement Agreement Between Debtors and First Owners’ Association of Forty Six Hundred Condominium, Inc., and for Related Relief (Docket Entry 498)
Exhibit A – Proposed Settlement Agreement (Docket Entry 498-1)
Examiner’s Report (Docket Entry 648)
Appendix 1 to Examiner’s Report (Docket Entry 649)
Appendix 2 to Examiner’s Report (Docket Entry 650)
Appendix 3 to Examiner’s Report (Docket Entry 651)
Appendix 4 to Examiner’s Report (Docket Entry 652)
Supplement to Examiner’s Report (Docket Entry 656)
Joint Objections of Debtors and FOA to Examiner’s Report (Docket Entry 662)
Examiner’s Limited Response to Joint Objections to Examiner’s Report (Docket Entry 668)
United States Trustee’s Objection to Approval of Proposed Settlement Agreement (Docket Entry 669)
Order re: Hearing on Approval of Proposed Settlement Agreement and for Status on Various Other Motions (Docket Entry 683)
Transcript of Hearing Held August 23, 2013 (Docket Entry 686)
Memorandum Opinion (Docket Entry 708)
Order Denying Joint Motion and Memorandum for Order Approving Settlement Agreement (Docket Entry 709)


Conflict of Interests Case:  Sobel v. Sells, Adv. Proc. No. 12-1562-RGM
(Eleven unit owners are seeking to prevent three directors who are owners of or are affiliated with Gordon Properties, LLC, from participating in board actions relating to any proposed settlement between Gordon Properties/CSI and FOA.) (Case is pending in Bankruptcy Court.)

Notice of Removal from the Circuit Court for the City of Alexandria (Docket Entry 1)
Complaint for Declaratory Judgment and Injunctive Relief (Docket Entry 1-1)
Motion and Memorandum in Support of Motion to Remand and/or to Abstain (Docket Entry 4)
Defendant First Owners’ Association’s Motion to Disqualify Reed Smith and Memorandum in Support (Docket Entry 8 )
Opposition to Motion to Disqualify Reed Smith LLP (Docket Entry 11)
Defendant First Owners’ Association’s Reply in Support of Its Motion to Disqualify Reed Smith (Docket Entry 13)
Plaintiffs’ Notice of Additional Authority in Response to Defendant’s Motion to Disqualify Reed Smith LLP (Docket Entry 19)
Motion for Leave to File an Appeal (Docket Entry 25)
Notice of Appeal to the United States District Court for the Eastern District of Virginia (Docket Entry 26)
Defendant First Owners’ Association’s Answer to the Motion for Leave to File an Appeal (Docket Entry 29)
Memorandum Opinion (Docket Entry 30)
Order Granting Motion to Disqualify Reed Smith LLP (Docket Entry 31)
Reply Brief in Support of Motion for Leave to File an Appeal (Docket Entry 36)
Transcript of Hearing held January 29, 2013 (Docket Entry 37)
Transcript of Hearing held January 22, 2013 (Docket Entry 38)
Order of the United States District Court Denying Motion for Leave to File an Appeal (Docket Entry 46)
Answer to Complaint by Bryan Sells, Elizabeth Greenwell and Lindsay Wilson (Docket Entry 50)
Answer to Complaint by First Owners’ Association of Forty Six Hundred Condominium, Inc. (Docket Entry 51)
Stipulation of Dismissal (Docket Entry 80)

 

Motion to Appoint an Examiner or, in the Alternative, a Chapter 11 Trustee:  In re:  Gordon Properties, LLC, Case No. 09-18086-RGM

Memorandum Opinion and Order Appointing Amicus Curiae (Docket Entry 563)
Motion to Reconsider Order Appointing Amicus Curiae (Docket Entry 575)
Memorandum in Support of Motion to Reconsider Order Appointing Amicus Curiae (Docket Entry 576)
Response of Amicus Curiae to Debtors’ Motion to Reconsider (Docket Entry 581)
Reply Memorandum in Support of Motion to Reconsider and Reply to Response to Debtors’ Motion to Reconsider (Docket Entry 583)
Motion of United States Trustee to Appoint an Examiner or, in the Alternative, a Chapter 11 Trustee (Docket Entry 592)
Objection of Debtors to Motion of United States Trustee to Appoint Examiner (Docket Entry 600)
Order Directing United States Trustee to Appoint an Examiner (Docket Entry 606)
Supplemental Order Directing the Appointment of an Examiner (Docket Entry 608)
Appointment of Stephen E. Leach as Examiner, by United States Trustee (Docket Entry 612)
Order Approving Appointment of Stephen E. Leach as Examiner (Docket Entry 614)
Examiner’s Motion for Clarification of the Rights of Gordon Properties, LLC in Connection with the Conduct of the Examiner’s Investigation (Docket Entry 620)
Debtors’ Response to Motion of Examiner for Clarification Regarding Due Process (Docket Entry 623)
Response to Motion for Clarification Regarding Due Process (Docket Entry 624)
Examiner’s Reply to Debtors’ Response to Motion for Clarification Regarding Due Process Rights (Docket Entry 625)
Order Regarding Debtors’ Motion to Reconsider Order Appointing Amicus Curiae (Docket Entry 647)
Order Restricting Debtor’s Rights, Continuing U. S. Trustee’s Motion to Appoint Chapter 11 Trustee and Denying Motion to Convert (Docket Entry 728)

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