Wells Fargo Bank, National Association v. BSREP II MD Office Wayne LLC et al
| Wells Fargo Bank, National Association |
| BSREP II MD Office Wayne LLC, BSREP II MD Office Executive Blvd. LLC, BSREP II MD Office Jefferson LLC, BSREP II MD Office 20W Gude LLC, BSREP II MD Office 30W Gude LLC, BSREP II MD Office 50W Gude LLC, BSREP II MD Office Monroe LLC, BSREP II MD Office One Central LLC, BSREP II UCC I LLC, BSREP II UCC III LLC, BSREP II 1355 Windward LLC, BSREP II Montrose Metro LLC, BSREP II Arlington Square LLC and BSREP II Prince Street LLC |
| 1:2023cv04275 |
| September 21, 2023 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| Real Property: Other |
| 28 U.S.C. ยง 754 Appointment of Receiver |
| None |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 10
ORDER GRANTING Plaintiff's #9 Motion for Reconsideration. However, the Court's conclusion in the #8 Order remains unchanged. It is again ORDERED that Plaintiff's #2 MOTION to Appoint Receiver is DENIED WITHOUT PREJUDICE. In the event circumstances change. Plaintiff may file a renewed motion, specifically providing the evidence that would support the appointment of a receiver in this case. Signed by Judge Mark H. Cohen on 10/30/23. (jpa)
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| Filing 9 MOTION for Reconsideration re #8 Order on Motion to Appoint Receiver, with Brief In Support by Wells Fargo Bank, National Association. (Attachments: #1 Memorandum in Support of Plaintiff's Motion for Reconsideration, #2 Exhibit A - Highlighted Affidavits of Service)(Godfrey, Gwendolyn) Modified on 10/27/2023 to remove unneeded text (dob). |
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Filing 8
ORDER DENYING WITHOUT PREJUDICE the #2 Motion to Appoint Receiver. Wells Fargo Bank, National Association may file a renewed motion for appointment of a receiver upon proper notice to Defendants or a proper showing of the exigent circumstances that would Justify an ex parte appointment of a receiver. Signed by Judge Mark H. Cohen on 10/23/23. (jpa)
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| Filing 7 NOTICE of Appearance by Morgan Fiander on behalf of Wells Fargo Bank, National Association (Fiander, Morgan) |
| Filing 6 AFFIDAVIT Affidavits of Service (Served 10-2-2023) by Wells Fargo Bank, National Association. (Godfrey, Gwendolyn) |
| Clerk's Notation re #4 Certificate of Interested Persons/Corporate Disclosure Statement reviewed by Mark H. Cohen. (lme) |
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Filing 5
STANDING ORDER regarding civil litigation. Signed by Judge Mark H. Cohen on 9/27/23. (jpa)
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| Submission of #2 MOTION to Appoint Receiver to District Judge Mark H. Cohen. (pdt) |
| Filing 4 Certificate of Interested Persons and Corporate Disclosure Statement by Wells Fargo Bank, National Association identifying WFC Holdings, LLC, as a Corporate Parent and Wells Fargo & Company, a publicly traded corporation as a Corporate Parent. Filed by Wells Fargo Bank, National Association. (pdt) |
| Filing 3 Electronic Summons Issued as to BSREP II 1355 Windward LLC, BSREP II Arlington Square LLC, BSREP II MD Office 20W Gude LLC, BSREP II MD Office 30W Gude LLC, BSREP II MD Office 50W Gude LLC, BSREP II MD Office Executive Blvd. LLC, BSREP II MD Office Jefferson LLC, BSREP II MD Office Monroe LLC, BSREP II MD Office One Central LLC, BSREP II MD Office Wayne LLC, BSREP II Montrose Metro LLC, BSREP II Prince Street LLC, BSREP II UCC I LLC, & BSREP II UCC III LLC. (pdt) |
| Filing 2 Ex Parte MOTION for Appointment of Receiver with Memorandum In Support by Wells Fargo Bank, National Association. (Attachments: #1 Memorandum in Support of Motion for Appointment of Receiver) (pdt) (Additional attachment(s) added on 9/27/2023: #2 Exhibit A - Trigild Qualification (Exhibit A to Memorandum in Support of Motion for Appointment of Receiver), #3 Exhibit B - Affidavit of Proposed Receiver (Exhibit B to Memorandum in Support of Motion for Appointment of Receiver), #4 Exhibit C - Order Appointing Receiver (Exhibit C to Memorandum in Support of Motion for Appointment of Receiver)) (tas). |
| Filing 1 COMPLAINT filed by Wells Fargo Bank, National Association. (Filing fee $402, receipt number AGANDC-12901253) (Attachments: #1 Exhibit 1 - Loan Agreement, #2 Exhibit 2 - Note (with allonges), #3 Exhibit 3 - Windward Mortgage, #4 Exhibit 4 - Windward UCCs, #5 Exhibit 5 - UCC III Mortgage, #6 Exhibit 6 - UCC III UCCs, #7 Exhibit 7 - One Central Mortgage, #8 Exhibit 8 - One Central UCCs, #9 Exhibit 9 - Monroe Mortgage, #10 Exhibit 10 - Monroe UCCs, #11 Exhibit 11 - Executive Mortgage, #12 Exhibit 12 - Executive UCCs, #13 Exhibit 13 - Montrose Mortgage, #14 Exhibit 14 - Montrose UCCs, #15 Exhibit 15 - Jefferson Mortgage, #16 Exhibit 16 - Jefferson UCCs, #17 Exhibit 17 - Wayne Mortgage, #18 Exhibit 18 - Wayne UCCs, #19 Exhibit 19 - Arlington Square Mortgage, #20 Exhibit 20 - Arlington Square UCCs, #21 Exhibit 21 - Cash Management Agreement, #22 Exhibit 22 - Deposit Account Control Agreements, #23 Exhibit 23 - General Assignmnet (Morgan Stanley-Original Lender to MSMCH, #24 Exhibit 24 - Windward Assignment to MSMCH, #25 Exhibit 25 - Windward UCC Assignments to MSMCH, #26 Exhibit 26 - UCC III Assignment to MSMCH, #27 Exhibit 27 - UCC III UCC Assignments to MSMCH, #28 Exhibit 28 - One Central Assignment to MSMCH, #29 Exhibit 29 - One Central UCC Assignments to MSMCH, #30 Exhibit 30 - Monroe Assignment to MSMCH, #31 Exhibit 31 - Monroe UCC Assignments to MSMCH, #32 Exhibit 32 - Executive Assignment to MSMCH, #33 Exhibit 33 - Executive UCC Assignments to MSMCH, #34 Exhibit 34 - Montrose Assignments to MSMCH, #35 Exhibit 35 - Montrose UCC Assignments to MSMCH, #36 Exhibit 36 - Jefferson Assignment to MSMCH, #37 Exhibit 37 - Jefferson UCC Assignments to MSMCH, #38 Exhibit 38 - Wayne Assignment to MSMCH, #39 Exhibit 39 - Wayne UCC Assignments to MSMCH, #40 Exhibit 40 - Arlington Assignment to MSMCH, #41 Exhibit 41 - Arlington UCC Assignments to MSMCH, #42 Exhibit 42 - General Assignment (MSMCH to Lender), #43 Exhibit 43 - Windward Assignment to Lender, #44 Exhibit 44 - Windward UCC Assignments to Lender, #45 Exhibit 45 - UCC III Assignment to Lender, #46 Exhibit 46 - UCC III UCC Assignments to Lender, #47 Exhibit 47 - One Central Assignment to Lender, #48 Exhibit 48 - One Central UCC Assignment to Lender, #49 Exhibit 49 - Monroe Assignment to Lender, #50 Exhibit 50 - Monroe UCC Assignments to Lender, #51 Exhibit 51 - Executive Assignment to Lender, #52 Exhibit 52 - Executive UCC Assignments to Lender, #53 Exhibit 53 - Montrose Assignment to Lender, #54 Exhibit 54 - Montrose UCC Assignments to Lender, #55 Exhibit 55 - Jefferson Assignment to Lender, #56 Exhibit 56 - Jefferson UCC Assignments to Lender, #57 Exhibit 57 - Wayne Assignment of Deed of Trust to Lender, #58 Exhibit 58 - Wayne UCC Assignments to Lender, #59 Exhibit 59 - Arlington Assignment to Lender, #60 Exhibit 60 - Arlington UCC Assignments to Lender, #61 Exhibit 61 - Brookfield Office - Default Notice, #62 Ex Parte Motion for Appointment of Received, #63 Memorandum in Support of Motion for Appointment of Receiver, #64 Exhibit Exhibit A - Trigild Qualification (Exhibit A to Memorandum in Support of Motion for Appointment of Receiver), #65 Exhibit B - Affidavit of Proposed Receiver (Exhibit B to Memorandum in Support of Motion for Appointment of Receiver), #66 Exhibit C - Order Appointing Receiver (Exhibit C to Memorandum in Support of Motion for Appointment of Receiver), #67 Certificate of Interested Persons and Corporate Disclosure Statement, #68 Civil Cover Sheet) (pdt) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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