Docket - Cross River Bank v. 3 Bea's Assisted Living LLC, No. 23-2271 (4th Cir.)

Summary

A CourtListener docket for Cross River Bank v. 3 Bea's Assisted Living LLC, No. 23-2271, in the U.S. Court of Appeals for the Fourth Circuit, appealed from D. Maryland (8:21-cv-03210), listed as a 4190 Other Contract Actions case with oral argument on May 8, 2025. The entries begin with the case docketed on Dec 7, 2023 and include briefs by the appellants 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr. and by Cross River Bank, and an emergency motion for stay pending appeal that was denied Aug 8, 2024. The docket lists an unpublished opinion and judgment order on Jun 4, 2025, with the decision VACATED IN PART AND REMANDED. Rehearing was denied Jul 1, 2025 and the mandate issued Jul 9, 2025.

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Cross River Bank v. 3 Bea's Assisted Living LLC

(23-2271)

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Court of Appeals for the Fourth Circuit

Oct. 31, 2025, 2:43 p.m.

Date Argued:
May 8, 2025

Cross River Bank v. 3 Bea's Assisted Living LLC, 23-2271, (4th Cir.)

Dec. 7, 2023

June 4, 2025

July 9, 2025

4190 Other Contract Actions

Fee Status:
fee paid

Case Type Information:
Civil Private, private

Originating Court Information

Appealed From:

D. Maryland

(8:21-cv-03210)

Ordering Judge:

Dec. 17, 2021

Date Order/Judgment:
Nov. 7, 2023

Date Order/Judgment EOD:
Nov. 7, 2023

Date NOA Filed:
Dec. 4, 2023

Date Rec'd COA:
Dec. 5, 2023

Oral Argument Recordings

Cross River Bank v. 3 Bea's Assisted Living LLC

May 8, 2025

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Dec 7, 2023

Case docketed. Originating case number: 8:21-cv-03210-TJS. Case manager: RachelPhillips. [1001485765] [23-2271] RP [Entered: 12/07/2023 03:27 PM]

Dec 7, 2023

DOCKETING NOTICE issued Re: [1] case. Originating case number: 8:21-cv-03210-TJS. Mailed to: Blake W. Frieman and Jonathan J. Lerner. [1001485766] [23-2271] RP [Entered: 12/07/2023 03:28 PM]

Dec 7, 2023

BRIEFING ORDER filed. Mailed to: Blake W. Frieman and Jonathan J. Lerner. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. All filings must comply with Appendix Pagination & Brief Citation Guide. [1001485773] Opening Brief and Appendix due 01/16/2024. Response Brief due 02/15/2024. [23-2271] RP [Entered: 12/07/2023 03:31 PM]

Briefing order filed

Dec 12, 2023

APPEARANCE OF COUNSEL by Richard Bardos for 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr.. [1001487684] [23-2271] Richard Bardos [Entered: 12/12/2023 12:23 PM]

Dec 12, 2023

DISCLOSURE STATEMENT by 3 Bea's Assisted Living LLC. Was any question on Disclosure Form answered yes? No [1001487685] [23-2271] Richard Bardos [Entered: 12/12/2023 12:24 PM]

Dec 12, 2023

DOCKETING STATEMENT by 3 Bea's Assisted Living LLC and Connie Stewart.. [1001487688] [23-2271] Richard Bardos [Entered: 12/12/2023 12:25 PM]

Dec 13, 2023

Initial mediation conference scheduled. [1001488123] [23-2271] LHP [Entered: 12/13/2023 09:19 AM]

Dec 14, 2023

APPEARANCE OF COUNSEL by Jonathan J. Lerner for Cross River Bank. [1001489338] [23-2271] Jonathan Lerner [Entered: 12/14/2023 02:42 PM]

Dec 18, 2023

DISCLOSURE STATEMENT by Cross River Bank. Was any question on Disclosure Form answered yes? Yes [1001491069] [23-2271] Jonathan Lerner [Entered: 12/18/2023 03:31 PM]

Dec 18, 2023

APPEARANCE OF COUNSEL by Blake W. Frieman for Cross River Bank. [1001491312] [23-2271] Blake Frieman [Entered: 12/18/2023 04:56 PM]

Dec 29, 2023

DOCKETING FORMS FOLLOW-UP NOTICE ISSUED to Connie Stewart and David Stewart, Jr. re: filing of disclosure form Disclosure statement due from Connie Stewart and David Stewart Jr. on 01/03/2024. [1001496485] [23-2271] RP [Entered: 12/29/2023 09:40 AM]

Jan 2, 2024

DISCLOSURE STATEMENT by Connie Stewart. Was any question on Disclosure Form answered yes? No [1001497783] [23-2271] Richard Bardos [Entered: 01/02/2024 03:56 PM]

Jan 2, 2024

DISCLOSURE STATEMENT by David Stewart, Jr.. Was any question on Disclosure Form answered yes? No [1001497786] [23-2271] Richard Bardos [Entered: 01/02/2024 03:57 PM]

Jan 16, 2024

BRIEF by 3 Bea's Assisted Living LLC, David Stewart, Jr. and Connie Stewart. Type of Brief: OPENING.. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001504765] [23-2271]--[Edited 01/17/2024 by RP- JA document removed and corrected at ECF #16] Richard Bardos [Entered: 01/16/2024 03:20 PM]

Jan 16, 2024

Receipt of paper copy of OPENING BRIEF filed at [14] by 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr.. Number of pages: [23]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 01/13/2024. [1001703502] [23-2271] RP [Entered: 01/15/2025 04:08 PM]

Jan 17, 2024

Docket correction re: joint appendix requested from 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr. [1001505017] [23-2271] RP [Entered: 01/17/2024 08:46 AM]

Jan 17, 2024

JOINT APPENDIX by 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr.. Digital media exhibit volume? No. [1001505078] [23-2271] Richard Bardos [Entered: 01/17/2024 10:05 AM]

Jan 17, 2024

Receipt of paper copy of APPENDIX filed at [16] by 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr.. Total number of volumes (including any sealed): [1]. Total number of pages in all volumes: [371]. Total number of sealed volumes: 0. Sufficient? Yes. CD/DVD/Other exhibit? No. Number of copies: [4]. Received by clerk date: 01/13/2025. [1001703512] [23-2271] RP [Entered: 01/15/2025 04:11 PM]

Feb 15, 2024

BRIEF by Cross River Bank. Type of Brief: RESPONSE. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001522279] [23-2271] Blake Frieman [Entered: 02/15/2024 03:55 PM]

Feb 15, 2024

Receipt of paper copy of RESPONSE BRIEF filed at [17] by Cross River Bank. Number of pages: [51]. Sufficient: YES. Number of Copies: [4]. Received by clerk date: 12/27/2024. [1001697196] [23-2271] RP [Entered: 01/03/2025 03:44 PM]

Mar 7, 2024

(ENTRY RESTRICTED) MEMORANDUM REPLY BRIEF by 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr.. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001533027] [23-2271]--[Edited 03/07/2024 by RP- corrected at ECF #20] Richard Bardos [Entered: 03/07/2024 11:06 AM]

Mar 7, 2024

Docket correction requested from 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr.Re: [18] memorandum reply brief. Access to memorandum reply brief has been restricted to case participants. [1001533042] [23-2271] RP [Entered: 03/07/2024 11:26 AM]

Mar 7, 2024

BRIEF by 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr.. Type of Brief: REPLY. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001533061] [23-2271] Richard Bardos [Entered: 03/07/2024 11:34 AM]

BRIEF (formal briefs not under seal)

certificate of compliance

Mar 7, 2024

Receipt of paper copy of REPLY BRIEF filed at [20] by 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr.. Number of pages: [6]. Sufficient: Yes. Number of Copies: [4]. Received by clerk date: 01/13/2025. [1001703517] [23-2271] RP [Entered: 01/15/2025 04:12 PM]

Jul 16, 2024

Emergency MOTION by Connie Stewart for stay pending appeal. Date of action to be stayed, if applicable:July 24, 2024.. Date and method of service: 07/16/2024 ecf. [1001601766] [23-2271] Richard Bardos [Entered: 07/16/2024 01:08 PM]

Jul 16, 2024

NOTICE ISSUED to Cross River Bank requesting response to Motion for stay pending appeal [21]. Response due: 07/22/2024[1001601857]. [23-2271] RP [Entered: 07/16/2024 02:34 PM]

Jul 17, 2024

MOTION by Cross River Bank to extend filing time for response until August 1, 2024.. Date and method of service: 07/17/2024 ecf. [1001602921] [23-2271] Blake Frieman [Entered: 07/17/2024 05:32 PM]

Jul 17, 2024

RESPONSE/ANSWER by Connie Stewart to Motion to extend filing time [23]. [1001602937] [23-2271] Richard Bardos [Entered: 07/17/2024 07:22 PM]

Jul 18, 2024

ORDER filed granting Motion to extend filing time [23] Number of days granted: 10. Response due: 08/01/2024. Copies to all parties. [1001603579] [23-2271] RP [Entered: 07/18/2024 04:58 PM]

Order filed

Jul 31, 2024

RESPONSE/ANSWER by Cross River Bank to Motion [21]. Nature of response: in opposition. [1001611462] [23-2271] Jonathan Lerner [Entered: 07/31/2024 04:55 PM]

Aug 5, 2024

REPLY by to response [26], Motion for stay pending appeal [21].. [1001613749] [23-2271] Richard Bardos [Entered: 08/05/2024 11:28 AM]

Aug 8, 2024

COURT ORDER filed denying Motion for stay pending appeal [21]. Copies to all parties. [1001616708] [23-2271] RP [Entered: 08/08/2024 04:41 PM]

Court order filed

Nov 14, 2024

NOTICE ISSUED RE: Rule 34 pre-argument review. [1001671225] [23-2271] MH [Entered: 11/14/2024 09:20 AM]

Dec 18, 2024

CASE TENTATIVELY CALENDARED for oral argument during the March 18-21, 2025, argument session. Notify Clerk's Office of any scheduling conflict by: 12/27/2024. Any required additional copies of briefs and joint appendices are due 12/27/2024. [1001688639] [23-2271] NS [Entered: 12/18/2024 10:46 AM]

Dec 18, 2024

NOTICE ISSUED to 3 Bea's Assisted Living LLC, Connie Stewart, David Stewart, Jr. and Cross River Bank requesting response to similar case(s) question[1001688658]. Response to similar case notice due 12/23/2024. [23-2271] RP [Entered: 12/18/2024 10:50 AM]

Dec 19, 2024

RESPONSE/ANSWER by 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr. to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001690066] [23-2271] Richard Bardos [Entered: 12/19/2024 02:36 PM]

Dec 19, 2024

NOTICE REGARDING CONFLICT WITH PROPOSED ARGUMENT DATES by Appellants 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr.. Argument Session: March 18-21, 2025. Days you are available: None. Identify any other cases you are tentatively scheduled to argue this session: None. Other scheduling information: I am scheduled for a jury trial in Baltimore in the criminal case of United States v. M. Wilson, Case No. DKC-21-360, that is scheduled, for the Government's case alone, from March 3 to 20, 2025, after which will start the defense case and deliberations.. [1001690075] [23-2271] Richard Bardos [Entered: 12/19/2024 02:42 PM]

Dec 24, 2024

RESPONSE/ANSWER by Cross River Bank to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001692237] [23-2271] Blake Frieman [Entered: 12/24/2024 12:30 PM]

Jan 14, 2025

CASE REMOVED FROM TENTATIVE CALENDAR. [23-2271] NS [Entered: 01/14/2025 10:47 AM]

Jan 15, 2025

4 Additional copies of the OPENING BRIEF, APPENDIX, AND REPLY BRIEF received from 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr.. [1001703519] [23-2271] RP [Entered: 01/15/2025 04:12 PM]

Feb 3, 2025

CASE TENTATIVELY CALENDARED for oral argument during the May 6-9, 2025, argument session. Notify Clerk's Office of any scheduling conflict by: 02/10/2025. Any required additional copies of briefs and joint appendices are due 02/10/2025. [1001713150] [23-2271] NS [Entered: 02/03/2025 10:16 AM]

Feb 3, 2025

NOTICE ISSUED to 3 Bea's Assisted Living LLC, Connie Stewart, David Stewart, Jr. and Cross River Bank requesting response to similar case(s) question[1001713287]. Response to similar case notice due 02/06/2025. [23-2271]--[Edited 02/03/2025 by RP - docket text edited] RP [Entered: 02/03/2025 10:59 AM]

Feb 3, 2025

RESPONSE/ANSWER by 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr. to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001713675] [23-2271] Richard Bardos [Entered: 02/03/2025 01:20 PM]

Feb 5, 2025

RESPONSE/ANSWER by Cross River Bank to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001716129] [23-2271] Blake Frieman [Entered: 02/05/2025 05:44 PM]

Mar 7, 2025

CASE CALENDARED for oral argument. Date: 05/08/2025. Session Starting Time: 9:30 a.m.. Check-in Time: 8:45 - 9:00 a.m.. Forms due within 7 calendar days. [1001732569] [23-2271] NS [Entered: 03/07/2025 10:13 AM]

Case calendared for oral argument

Mar 12, 2025

ORAL ARGUMENT ACKNOWLEDGMENT by Cross River Bank. Counsel arguing: Jonathan J. Lerner. Answering argument time: 20 minutes. .. [1001735269] [23-2271] Jonathan Lerner [Entered: 03/12/2025 02:38 PM]

Mar 12, 2025

ORAL ARGUMENT ACKNOWLEDGMENT by 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr.. Counsel arguing: Richard Bardos. Opening argument time: 15 minutes. Rebuttal argument time: 5 minutes. .. [1001735299] [23-2271] Richard Bardos [Entered: 03/12/2025 02:53 PM]

May 8, 2025

ORAL ARGUMENT heard before the Honorable Pamela A. Harris, Julius N. Richardson and Toby J. Heytens. Attorneys arguing case: Mr. Richard Bruce Bardos for Appellants 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Jr. and Jonathan J. Lerner for Appellee Cross River Bank. Courtroom Deputy: Rachel Phillips. [1001766947] [23-2271] RP [Entered: 05/08/2025 10:13 AM]

Jun 4, 2025

UNPUBLISHED AUTHORED OPINION filed. Originating case number: 8:21-cv-03210-TJS. Copies to all parties and the district court/agency. [1001781803] [23-2271] RP [Entered: 06/04/2025 11:44 AM]

Unpublished authored opinion filed

Jun 4, 2025

JUDGMENT ORDER filed. Decision: VACATED IN PART AND REMANDED. Originating case number: 8:21-cv-03210-TJS. Entered on Docket Date: 06/04/2025. Copies to all parties and the district court/agency. [1001781807] [23-2271] RP [Entered: 06/04/2025 11:46 AM]

Judgment order filed

Jun 18, 2025

PETITION for rehearing and rehearing en banc by Cross River Bank. [1001791193] [23-2271] Jonathan Lerner [Entered: 06/18/2025 05:06 PM]

Jun 20, 2025

Mandate temporarily stayed pending ruling on petition for rehearing or rehearing en banc. [1001791342] [23-2271] TB [Entered: 06/20/2025 09:03 AM]

Jul 1, 2025

COURT ORDER filed denying Motion for rehearing and rehearing en banc [51]. Copies to all parties. [1001797392] [23-2271] RP [Entered: 07/01/2025 11:26 AM]

Court order filed

Jul 9, 2025

Mandate issued. Referencing: [50] Judgment Order, [49] unpublished authored Opinion. Originating case number: 8:21-cv-03210-TJS.. [1001800721] [23-2271] RP [Entered: 07/09/2025 09:13 AM]

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