Federal Deposit Insurance Corporation (FDIC) v. Capital Hotel, Inc. et al
| Federal Deposit Insurance Corporation (FDIC) |
| Capital Hotel, Inc., Chirag Kabrawala, Ashok Dhabuwala, Brandon Levin, New York State Department of Taxation and Finance, John Doe 1-10 and Jane Doe 1-10 |
| Capital Hotel, Inc. and Ashok Dhabuwala |
| Federal Deposit Insurance Corporation (FDIC) |
| 1:2015cv00080 |
| January 22, 2015 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Thomas J. McAvoy |
| Randolph F. Treece |
| Foreclosure |
| 12 U.S.C. ยง 1819 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
94
DECISION & ORDER: It is Ordered that the # 92 Motion for Discovery to Compel Deposition of defendant Ashok Dhabuwala. It is Ordered that Plaintiffs counsel shall serve a copy of this Decision and Order upon the last known address of Defendant Ashok Dhabuwala and file prof of service with the Court. It is Ordered that within thirty (30) days of service of this Order upon Defendant Ashok Dhabuwala he shall produce for examination at the offices of Plaintiffs counsel all documents in his possessi on, custody and/or control responsive to the subpoena dated April 30, 2018; and it is further Ordered that Defendant Ashok Dhabuwala shall appear for a deposition at the offices of Plaintiffs counsel at a mutually agreeable date within sixty (60) days of the service of this Decision and Order upon him. Signed by Magistrate Judge Daniel J. Stewart on 4/11/2019. (jmb)
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Filing
87
ORDER: Granting the # 83 Motion for Approval of the Receiver's Final Accounting and Discharging Receiver. It is Ordered that the final accounting submitted by Jeffrey Kolessar, the receiver appointed by the Order of this Court dated June 2, 20 16, as set forth in his declaration in support of the Plaintiffs motion to Approve the Receiver's Final Accounting and Discharge the Receiver, is hereby approved. It is further Ordered that the Receiver is hereby discharged from his duties as re ceiver for the Mortgaged Premises. It is further Ordered that pursuant to this Order and based upon a finding that the Receiver has faithfully discharged his duties as the receiver of the Mortgaged Property, the undertaking executed by the Receiver o n or about June 3, 2016 in the penal sum of $50,000.00 is hereby cancelled. Signed by Senior Judge Thomas J. McAvoy on 8/3/2017. {Copies of the # 86 Order/Deficiency Judgment and this # 87 Order were sent to Jeffrey Kolessar by regular mail} (jmb)
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Filing
69
AMENDED DECISION & ORDER: amending the # 68 Decision & Order on Motion for Summary Judgment, specifically ruling # 3 in the conclusion to read 3) The motion is GRANTED with respect to Plaintiffs damages claims,and Defendants are ORDERED to pay Plaintiff damages in the amount of$5,382,931.99 and removing the directive for the Clerk to enter a Partial Judgment at this time. Signed by Senior Judge Thomas J. McAvoy on 10/18/2016. {Copy sent to the Receiver by regular mail} (jmb)
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Filing
68
DECISION & ORDER: It is Ordered that the # 67 Motion for Summary Judgment is granted in part and denied in part as follows: 1) The motion is GRANTED with respect to Plaintiffs mortgage foreclosure claims. Plaintiffs request for a judgment of forecl osure is hereby GRANTED; 2) Plaintiffs request for appointment of a Referee is hereby DENIED with leave to renew; 3) The motion is GRANTED with respect to Plaintiffs damages claims, and judgment is entered against the Defendants in the amount of 6;5,382,931.99; 4) The motion is GRANTED with respect to Plaintiffs claims for attorneys fees, and Defendants are hereby ORDERED to pay LeClair Ryan attorneys fees in the amount of $8,431.06 and attorneys fees in the amount of $30,567.26 to Windels, Marx, Lane & Mittendorf, LLP; 5) Plaintiffs request to strike Defendants counterclaims and affirmative defenses is DENIED AS MOOT; 6) The Doe Defendants are hereby DISMISSED from the case and the Clerks Office shall amend the caption to reflect this change; 7) The motion is DENIED with respect to the New York State Department of Taxation and Finance. Signed by Senior Judge Thomas J. McAvoy on 10/17/2016. (jmb)
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Filing
49
ORDER TO SHOW CAUSE: regarding the # 47 MOTION for Preliminary Injunction to Lift Stay and for Appointment of Receiver. Service of this Order to Show Cause with the supporting papers shall be made by FedEx overnight delivery by 5/20/2016 to be deemed to be sufficient service upon the defendants. Show Cause Response due by 5/26/2016 with the Court and by FedEx overnight delivery upon counsel. Reply papers to be filed by 5/31/2016. Show Cause Hearing set for 6/2/2016 at 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy. Signed by Senior Judge Thomas J. McAvoy on 5/18/2016. (jmb)
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Filing
32
DECISION & ORDER: before the Court are the parties responses to the # 24 Order to Show Cause. The Court finds that jurisdiction continues to exist despite transfer of the assets in question from the FDIC to the Phoenix NPL, LLC. As this finding is sufficient to satisfy the Court that jurisdiction to hear the case exists, the Court will not address the Defendants alternative argument that jurisdiction exists because FDIC remains as a counterclaim Defendant and jurisdiction persists under 12 U. S.C. 1819. The Court finds that, since Phoenix has been substituted for the FDIC as Plaintiff, addressing the suitability of any counterclaims that may be filed against FDIC would be to address an issue not presently before the Court. The Court finds that subject matter jurisdiction over this matter continues to exist. The Defendants are directed to file an answer and/or any counterclaims to the Amended Complaint within twenty-one days of the date of this Order. Signed by Senior Judge Thomas J. McAvoy on 1/13/2016. (jmb)
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