Aberdeen Developers, LLC v. Wells Fargo Bank, National Association, et al.
| Aberdeen Developers, LLC |
| Wells Fargo Bank, National Association, as Trustee for Registered Holders of Deutsche Mortgage & Asset Receiving Corporation, CD 2019-CD8 Mortgage Trust, Commercial Mortgage Pass-Through Certificates,, LNR Partners, LLC and Wells Fargo Bank, National Association, |
| 1:2023cv14279 |
| September 28, 2023 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule on Defendants' motion to dismiss #27 : Plaintiff must respond on or before 12/15/2023 and Defendants must reply on or before 12/29/2023. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs via U.S. Mail or reliable commercial delivery service. The status hearing set for 12/21/2023 is stricken and reset to 2/12/2024 at 09:30. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) |
| Filing 28 MINUTE entry before the Honorable John F. Kness: In the light of Plaintiff's amended complaint #24 , Defendants' Motion to Dismiss #10 is dismissed as moot and the status hearing set for 11/20/2023 is reset for 12/21/2023 at 9:30 AM. Defendants' unopposed motion #25 for an extension of time to answer is granted. For the hearing, the parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ec) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants LNR Partners, LLC, Wells Fargo Bank, National Association, (Renewed) (Murarova, Elinor) |
| Filing 26 Lender's ANSWER to amended complaint by Wells Fargo Bank, National Association,(Murarova, Elinor) |
| Filing 25 UNOPPOSED MOTION by Defendants LNR Partners, LLC, Wells Fargo Bank, National Association, for extension of time to file answer regarding amended complaint, #24 (Murarova, Elinor) Modified on 11/15/2023 (jn, ). |
| Filing 24 FIRST AMENDED complaint by Aberdeen Developers, LLC against All Defendants (Attachments: #1 Exhibit Loan Agreement, #2 Exhibit Mortgage Loan Purchase Agreement, #3 Exhibit Pooling and Servicing Agreement, #4 Exhibit Change of Servicer Report, #5 Exhibit LNR Partners Certification for Loans, #6 Exhibit Cash Management Agreement, #7 Exhibit Pre-Negotiation Letter Agreement, #8 Exhibit Medici Lease)(Martin, Brittany) |
| Filing 23 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Wells Fargo Bank, National Association, (Amended) (Keating, Edward) |
| Filing 22 REPORT of Rule 26(f) Planning Meeting by LNR Partners, LLC, Wells Fargo Bank, National Association, (Keating, Edward) |
| Filing 21 REPORT of Rule 26(f) Planning Meeting by LNR Partners, LLC, Wells Fargo Bank, National Association, (Keating, Edward) |
| Filing 20 MINUTE entry before the Honorable John F. Kness: Agreed Motion to continue status hearing #19 is granted. The status hearing set for 10/30/2023 is stricken and reset for 11/20/2023 at 09:00 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) |
| Filing 19 MOTION by Plaintiff Aberdeen Developers, LLC to continue Agreed Motion to Continue the Initial Status Conference to November 20, 2023 (Martin, Brittany) |
Filing 18
ORDER signed by the Honorable John F. Kness on 10/6/2023: Although the Court is aware of the briefing schedule on the pending motion to dismiss #10 , a telephonic initial status hearing is set for 10/30/2023 at 9:30 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than ten days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice(ef, )
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| Filing 17 MINUTE entry before the Honorable John F. Kness: Before the Court is the motion to dismiss #10 of Defendants Wells Fargo Bank, National Association and LNR Partners, LLC. As is reflected in the Court's standing order on motions to dismiss, the parties are advised that, when a motion to dismiss is filed, the nonmoving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B). Consistent with the purpose of the Federal Rules of Civil Procedure "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, Plaintiff is directed to review Defendants' motion to dismiss and to consider exercising, as appropriate, Plaintiff's right to amend under Rule 15(a)(1)(B). If Plaintiff elects to amend its pleading in response to the motion to dismiss, then Defendants (unless otherwise ordered) must, within 21 days of the amended pleading, file either an answer or a renewed motion to dismiss. If Plaintiff elects not to amend but instead chooses to litigate the motion to dismiss, Plaintiff (unless ordered otherwise) must file its response within 28 days of the filing of the motion, and Defendants must file its reply within 14 days of the filing of the response. In its response, Plaintiff must also address whether any alleged deficiencies identified by the motion to dismiss are curable by amendment. Mailed notice (ef, ) |
| Filing 16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Aberdeen Developers, LLC (Martin, Brittany) |
| Filing 15 ATTORNEY Appearance for Plaintiff Aberdeen Developers, LLC by Brittany Martin (Martin, Brittany) |
| Filing 14 ATTORNEY Appearance for Plaintiff Aberdeen Developers, LLC by Aaron H. Stanton Appearance (Stanton, Aaron) |
| Filing 13 ATTORNEY Appearance for Plaintiff Aberdeen Developers, LLC by Victoria R. Collado (Collado, Victoria) |
| Filing 12 ANSWER to Complaint (Count Two) by Wells Fargo Bank, National Association, as Trustee for Registered Holders of Deutsche Mortgage & Asset Receiving Corporation, CD 2019-CD8 Mortgage Trust, Commercial Mortgage Pass-Through Certificates,(Keating, Edward) |
| Filing 11 MEMORANDUM TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants LNR Partners, LLC, Wells Fargo Bank, National Association, as Trustee for Registered Holders of Deutsche Mortgage & Asset Receiving Corporation, CD 2019-CD8 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Memorandum of Law in Support (Chronis, Paul) (Docket Text modified by Clerk's Office) Modified on 10/6/2023 (rc, ). |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants LNR Partners, LLC, Wells Fargo Bank, National Association, as Trustee for Registered Holders of Deutsche Mortgage & Asset Receiving Corporation, CD 2019-CD8 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, (Chronis, Paul) |
| Filing 9 ATTORNEY Appearance for Defendant Wells Fargo Bank, National Association, as Trustee for Registered Holders of Deutsche Mortgage & Asset Receiving Corporation, CD 2019-CD8 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, by Elinor Hart Murarova (Murarova, Elinor) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by LNR Partners, LLC (Keating, Edward) |
| Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Wells Fargo Bank, National Association, as Trustee for Registered Holders of Deutsche Mortgage & Asset Receiving Corporation, CD 2019-CD8 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, (Keating, Edward) |
| Filing 6 Entered in Error. Modified on 9/29/2023 (kl, ). |
| Filing 5 Entered in Error. Modified on 9/29/2023 (kl, ). |
| Filing 4 ATTORNEY Appearance for Defendants LNR Partners, LLC, Wells Fargo Bank, National Association, as Trustee for Registered Holders of Deutsche Mortgage & Asset Receiving Corporation, CD 2019-CD8 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, by Edward Keating (Keating, Edward) |
| Filing 3 ATTORNEY Appearance for Defendants LNR Partners, LLC, Wells Fargo Bank, National Association, as Trustee for Registered Holders of Deutsche Mortgage & Asset Receiving Corporation, CD 2019-CD8 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, by Paul Evans Chronis (Chronis, Paul) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (axa, ) |
| Filing 2 CIVIL Cover Sheet (Keating, Edward) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2023L008752) filed by LNR Partners, LLC, Wells Fargo Bank, National Association, as Trustee for Registered Holders of Deutsche Mortgage & Asset Receiving Corporation, CD 2019-CD8 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Filing fee $ 402, receipt number AILNDC-21162944. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L)(Keating, Edward) |
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| Plaintiff: Aberdeen Developers, LLC | |
| Represented By: | Aaron H. Stanton |
| Represented By: | Victoria R. Collado |
| Represented By: | Brittany Martin |
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| Defendant: Wells Fargo Bank, National Association, as Trustee for Registered Holders of Deutsche Mortgage & Asset Receiving Corporation, CD 2019-CD8 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, | |
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| Defendant: LNR Partners, LLC | |
| Represented By: | Paul Evans Chronis |
| Represented By: | Edward Keating |
| Represented By: | Elinor Hart Murarova |
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| Defendant: Wells Fargo Bank, National Association, | |
| Represented By: | Paul Evans Chronis |
| Represented By: | Edward Keating |
| Represented By: | Elinor Hart Murarova |
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