WILMINGTON SAVINGS FUND SOCIETY, FSB v. TERRA PROPERTY QOZ FUND II, LLC et al
| WILMINGTON SAVINGS FUND SOCIETY, FSB NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR RESIDENTIAL MORTGAGE AGGREGATION TRUST and WILMINGTON SAVINGS FUND SOCIETY, FSB |
| TERRA PROPERTY QOZ FUND II, LLC, YOHAN NARAINE, CAPITAL HOLDINGS, LLC, ODIN ASSOCIATES, LLC, TROJAN ROOFING, INC D/B/A TROJAN ROOFING, LLC, MARION COUNTY HEALTH DEPARTMENT, CITY OF INDIANAPOLIS and MARION COUNTY HEATH AND HOSPITAL CORPORATION |
| 1:2023cv01393 |
| August 8, 2023 |
| US District Court for the Southern District of Indiana |
| M Kendra Klump |
| Richard L Young |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
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Filing 19
ORDER denying #18 Motion to Stay - Defendants shall respond to Plaintiff's Complaint no later than October 13, 2023. Within seven (7) days of this Order, counsel for the Plaintiff is ordered to file a notice describing what, if any, efforts to serve the remaining defendants have been made, and, if no attempts, explain why. SEE ORDER. Signed by Magistrate Judge M. Kendra Klump on 10/6/2023. (JRB)
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| Filing 18 Joint MOTION to Stay Litigation, filed by Plaintiff WILMINGTON SAVINGS FUND SOCIETY, FSB. (Attachments: #1 Text of Proposed Order Order Granting Joint Motion to Stay Litigation)(Britton, Kayla) |
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Filing 17
ORDER SETTING INITIAL PRETRIAL CONFERENCE: This case is assigned for an initial pretrial conference by telephone on November 16, 2023, at 10:00 a.m. (Eastern Time), before United States Magistrate Judge M. Kendra Klump. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Read this entire order carefully; it sets out the court's expectations for the conference. SEE ORDER. Signed by Magistrate Judge M. Kendra Klump on 9/28/2023. (LF)
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Filing 16
ORDER granting #14 Motion to Appear pro hac vice. Attorney Charles H. Wallshein for YOHAN NARAINE,Charles H. Wallshein for TERRA PROPERTY QOZ FUND II, LLC added. Copy sent to distribution list via US Mail. Signed by Magistrate Judge M. Kendra Klump on 9/25/2023. (JRB)
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| Filing 15 Submission of Proposed Order , re #14 MOTION for Attorney(s) Charles H. Wallshein to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7822089), filed by Defendants YOHAN NARAINE, TERRA PROPERTY QOZ FUND II, LLC. (Carroll, Paul) |
| Filing 14 MOTION for Attorney(s) Charles H. Wallshein to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7822089), filed by Defendants YOHAN NARAINE, TERRA PROPERTY QOZ FUND II, LLC. (Carroll, Paul) |
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Filing 13
ORDER granting #12 Motion for Extension of Time. The Defendants' deadline to answer or otherwise respond to Plaintiff's Complaint is EXTENDED to and including October 5, 2023. The parties should not anticipate any further extensions of time absent a showing of good cause. Signed by Magistrate Judge M. Kendra Klump on 9/19/2023. (LBT)
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| Filing 12 Third MOTION for Extension of Time to October 5, 2023 to Respond to Plaintiff's Complaint, filed by Defendants YOHAN NARAINE, TERRA PROPERTY QOZ FUND II, LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time to Respond to Plaintiff's Complaint)(Carroll, Paul) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to File a Response to the Complaint to 9/21/2023. Signed by Magistrate Judge M. Kendra Klump on 9/15/2023. (JRB)
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| Filing 10 Second MOTION for Extension of Time to September 21, 2023 to Respond to Plaintiff's Complaint, filed by Defendants YOHAN NARAINE, TERRA PROPERTY QOZ FUND II, LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time to Respond to Plaintiff's Complaint)(Carroll, Paul) |
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Filing 9
ORDER - This matter comes before the Court on Defendants' Terra Property QOZ Fund II, LLC and Yohan Naraine's Motion for Automatic Initial Extension of Time to Respond To Plaintiff's Complaint, Dkt. #7 . The Court, having reviewed the matter and being duly advised, notes that pursuant to the Local Rules, the court "requires all initial extensions of [the deadline for filing a response to a pleading] to be accomplished by a Notice of Parties' First Extension of Time (without a proposed order), rather than by motion...." S.D. Ind. Local Rule 6-1(a) (emphasis added). Nevertheless, the Court GRANTS the Motion. The Defendants shall have to and including September 14, 2023, by which to answer or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge M. Kendra Klump on 8/21/2023. (DWH)
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| Filing 7 First MOTION for Extension of Time to September 14, 2023 to Respond to Plaintiff's Complaint, filed by Defendants YOHAN NARAINE, TERRA PROPERTY QOZ FUND II, LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time to Respond to Plaintiff's Complaint)(Carroll, Paul) |
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Filing 8
ORDER granting #6 Motion to Appear pro hac vice. Attorney Peter R Ginsberg for TERRA PROPERTY QOZ FUND II, LLC added. Signed by Magistrate Judge M. Kendra Klump on 8/16/223. (LBT)
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| Filing 6 MOTION for Attorney(s) Peter R. Ginsberg to Appear pro hac vice on behalf of defendants Terra Property QOZ Fund II, LLC and Yohan Naraine (Filing fee $100, receipt number AINSDC-7764808), filed by Defendant YOHAN NARAINE. (Ginsberg, Peter) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
| Filing 4 NOTICE Notice of Pending Motion in State Court, filed by Defendants YOHAN NARAINE, TERRA PROPERTY QOZ FUND II, LLC, re #1 Notice of Removal. (Attachments: #1 Exhibit Exhibit A (Motion for Immediate Appointment of Receiver), #2 Exhibit Exhibit B (Order Setting Hearing)) (Carroll, Paul) |
| Filing 3 Rule 7.1 Disclosure Statement by YOHAN NARAINE, TERRA PROPERTY QOZ FUND II, LLC identifying Corporate Parent Terra Properties QOF, LLC for TERRA PROPERTY QOZ FUND II, LLC.. (Carroll, Paul) |
| Filing 2 NOTICE of Appearance by Paul Joseph Carroll on behalf of Defendants YOHAN NARAINE, TERRA PROPERTY QOZ FUND II, LLC. (Carroll, Paul) |
| Filing 1 NOTICE OF REMOVAL from Marion Superior Court 1, case number 49D01-2307-MF-029136, filed by YOHAN NARAINE, TERRA PROPERTY QOZ FUND II, LLC. (Filing fee $402, receipt number AINSDC-7756513) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 State Court Record State Court Record Vol. 1 (Docket, Attorney Appearance, and Complaint), #3 State Court Record State Court Record Vol. 2 (Exhibits A-1 through A-7 to the Complaint), #4 State Court Record State Court Record Vol. 3 (Exhibit B-1 through B-7 to the Complaint), #5 State Court Record State Court Record Vol. 4 (Exhibits C-1 through D-7 to the Complaint), #6 State Court Record State Court Record Vol. 5 (Exhibits E-1 through F-7 to the Complaint), #7 State Court Record State Court Record Vol. 6 (Exhibits G-1 through G-7 of the Complaint), #8 State Court Record State Court Record Vol. 7 (Exhibits H-1 through H-6 of the Complaint), #9 State Court Record State Court Record Vol. 8 (Exhibits I-1 through H-6 of the Complaint), #10 State Court Record State Court Record Vol. 9 (Exhibits K-1 through L-7 of the Complaint), #11 State Court Record State Court Record Vol. 10 (Exhibits M-1 through N-7 of the Complaint), #12 State Court Record State Court Record Vol. 11 (Exhibits O-1 through P-7 of the Complaint), #13 State Court Record State Court Record Vol. 12 (Exhibit Q-1 of the Complaint), #14 State Court Record State Court Record Vol. 13 (Exhibit Q-2 of the Complaint), #15 State Court Record State Court Record Vol. 14 (Exhibits Q-3 through R-7 of the Complaint), #16 State Court Record State Court Record Vol. 15 (Exhibits S-1 through T-7 of the Complaint), #17 State Court Record State Court Record Vol. 16 (Exhibits U-1 through V-7 of the Complaint), #18 State Court Record State Court Record Vol. 17 (Summonses, Notice Identifying Commercial Court Docket Case, Motion for Immediate Appointment of Receiver and Request for Hearing, Order Setting Hearing), #19 Exhibit Exhibit B (Copy of Complaint), #20 Exhibit Exhibit C (State Court Notice of Filing of Removal), #21 Exhibit Exhibit D (Articles of Organization of Terra Property QOZ Fund II, LLC), #22 Exhibit Exhibit E (Articles of Organization of Terra Properties QOF LLC), #23 Exhibit Exhibit F (Articles of Organization of Capital Holdings, LLC), #24 Exhibit Exhibit G (Articles of Organization of Odin Associates, LLC), #25 Exhibit Exhibit H (Incorporating Documents for Trojan Roofing, Inc.))(Carroll, Paul) |
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