Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UMB Bank v. City of Central Falls

United States District Court, D. Rhode Island

April 26, 2019

UMB BANK, N.A., as Trustee, Plaintiff,
v.
CITY OF CENTRAL FALLS; JAMES A. DIOSSA, MAYOR OF THE CITY OF CENTRAL FALLS; MARIA RIVERA, CITY COUNCILOR; JONATHAN ACOSTA, CITY COUNCILOR; HUGO FIGUEROA, CITY COUNCILOR; FRANKLIN SOLANO, CITY COUNCILOR; JESSICA VEGA, CITY COUNCILOR, CENTRAL FALLS DETENTION FACILITY CORPORATION; WILDER ARBOLEDA, CORPORATION DIRECTOR; GARY BERDUGO, CORPORATION DIRECTOR; JOSEPH MOLINA FLYNN, CORPORATION DIRECTOR; and HERMAN YIP, CORPORATION DIRECTOR, Defendants.

          ORDER APPOINTING SPECIAL MASTER

          William E. Smith Chief Judge

         WHEREAS, UMB Bank, N.A., (the “Trustee”), as indenture trustee, the Central Falls Detention Facility Corporation (the “Corporation”), the City of Central Falls (the “City”), Mayor James A. Diossa (the “Mayor”), City Councilors Maria Rivera, Jonathan Acosta, Hugo Figueroa, Franklin Solano, and Jessica Vega (collectively, the “City Council”), and the Board of Directors for the Corporation, Wilder Arboleda, Gary Berdugo, Joseph Molina Flynn, and Herman Yip (collectively, the “Board of Directors”), (collectively, the “Parties”), have consented to the appointment of a Special Master to effectively and promptly respond to disputes brought to the attention of the Special Master (each, a “Dispute” and, collectively, the “Disputes”), arising out of any activity or vote of the Board of Directors that may impair and/or negatively impact the assets of the Corporation, the security of the Bonds and/or the revenue stream of the Corporation (each, an “Impacting Activity”), IT IS ORDERED THAT:

         I. Appointment and No. Grounds for Disqualification

1. Deming Sherman is hereby appointed to serve as Special Master in this matter pursuant to Fed.R.Civ.P. 53(a).
2. The Special Master's appointment will become effective upon his filing an affidavit disclosing that there is no ground for disqualification under 28 U.S.C. § 455 pursuant to Fed.R.Civ.P. 53(a)(2) and (b)(3) and shall continue until July 24, 2019, (the “Termination Date”). If there are no grounds for disqualification or if all grounds for disqualification have been waived pursuant to Fed.R.Civ.P. 53(a)(2), the Special Master is directed to proceed with all reasonable diligence to complete the duties assigned by this Order.
3. During the course of this matter, the Special Master and the Parties shall notify this Court immediately if they become aware of any potential grounds that would require disqualification.

         II. Accountability to the Court

4. The Special Master will be accountable only to the Court and will not be supervised by Plaintiff or Defendants. The Special Master will be independent from Plaintiff and Defendants. In the course of his work, the Special Master may consult with the Trustee, counsel to the Trustee, Defendants or any of them, their agents, counsel, or employees, Mr. Peter Argeropulos (the Board Monitor appointed in a companion order of same date), and any other person the Special Master deems necessary to perform the scope of his duties.

         III. Limited Scope and Duties of Special Master

5. The purpose of the Special Master is limited. Until the Termination Date, the Trustee, the Board Monitor, the Corporation and/or the Board of Directors may each request the Special Master's assistance with regard to any Dispute.
6. To the extent the Board Monitor, Board of Directors, Corporation or Trustee seeks assistance from the Special Master to address any Dispute, the Special Master is authorized by this Court without need for further order to (a) mediate any Dispute between such parties relating to Impacting Activities, (b) report to this Court an impasse between such parties regarding any Dispute, and (c) have independent standing to make a report and recommendation to this Court with respect to Disputes. Privileged information presented to the Special Master (including in mediation of Disputes) shall remain privileged and confidential, and shall be disclosed to the Court only upon consent of counsel.
7. During the pendency of the Special Master's review, which includes the time of any Court intervention, any proposed Impacting Activity shall be stayed and not implemented by the Board of Directors and/or Corporation; provided, however, that should the Warden determine in his sole and absolute discretion that such Impacting Activity would negatively impact the immediate life safety or security at the Wyatt or its training facility located at 935 High Street in Central Falls, Rhode Island, that the Warden shall be authorized to take actions he deems necessary to protect such interests and thereafter he shall report such actions to the Special Master, Board of Directors, Board Monitor, and Trustee for further review and, if necessary, Court review.
8. The Special Master shall prepare and file a status report within 60 days following notice of a Dispute, or bi-annually thereafter until discharged.

         IV. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.