Pender West Credit 1 Reit, LLC v. Khan Real Estate LLC et al
| Pender West Credit 1 Reit, LLC |
| Mansoor A. Khan, Western Inn Motel, LLC, Credibly and Khan Real Estate LLC |
| 1:2019cv00126 |
| November 14, 2019 |
| US District Court for the District of Montana |
| Timothy J Cavan |
| Susan P Watters |
| Real Property: Foreclosure |
| 28 U.S.C. § 1446 |
| None |
Docket Report
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| Remark: Counsel are reminded that pursuant to L.R. 7.1(d)(1)(A) "... briefs in support of a motion must be filed separately from the motion...". This is a reminder for future filings. Defendants Mansoor Khan, Khan Real Estate LLC, Western Inn Motel, LLC #20 MOTION to Dismiss for Lack of Jurisdiction No Service of Process, does not need to be refiled. (ACC) |
| Filing 20 MOTION and BRIEF IN SUPPORT to Dismiss for Lack of Jurisdiction No Service of Process Thomas E. Towe appearing for Defendants Mansoor A. Khan, Khan Real Estate LLC, Western Inn Motel, LLC Motions referred to Timothy J. Cavan. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H) (Towe, Thomas) Modified on 1/10/2020 to add text (ACC). |
| Filing 19 Corporate Disclosure Statement by Pender West Credit 1 Reit, LLC. (James, Doug) |
| Filing 18 REPLY to Response to Motion re #11 Amended MOTION to Amend/Correct #10 MOTION for Hearing ON CLAIM FOR DELIVERY PURSUANT TO MONT. CODE ANN. 27-17-203 , #13 MOTION to Appoint Receiver , #10 MOTION for Hearing ON CLAIM FOR DELIVERY PURSUANT TO MONT. CODE ANN. 27-17-203 filed by Pender West Credit 1 Reit, LLC. (James, Doug) |
| Filing 17 SUPPLEMENT re #9 Reply to Response to Motion to Remand by Mansoor A. Khan, Khan Real Estate LLC, Western Inn Motel, LLC. (Towe, Thomas) |
| Filing 16 AFFIDAVIT/DECLARATION re #13 MOTION to Appoint Receiver , #11 Amended MOTION to Amend/Correct #10 MOTION for Hearing ON CLAIM FOR DELIVERY PURSUANT TO MONT. CODE ANN. 27-17-203 , #14 Brief/Memorandum in Support AFFIDAVIT OF ZACHARY MURPHY by Pender West Credit 1 Reit, LLC. (Attachments: #1 Exhibit A. LEGAL DESCRIPTION, #2 Exhibit B. LOAN AGREEMENT, #3 Exhibit C. PROMISSORY NOTE, #4 Exhibit D. DEED OF TRUST AND ASSIGNMENT OF RENTS AND LEASES, #5 Exhibit E. MONTANA U.C.C. SEARCH REPORT, #6 Exhibit F. PAYMENT GUARANTY, #7 Exhibit G. SUBORDINATION AGREEMENT, #8 Exhibit H. TENANT'S ESTOPPEL CERTIFICATE, #9 Exhibit K. ENVELOPE, #10 Exhibit L. RETURNED NOTICE, #11 Exhibit M. GUARANTEES, #12 Exhibit N. WESTERN NATIONAL INSURANCE CANCELLATION NOTICE, #13 Exhibit O. LEASE, #14 Exhibit P. FIRST AMENDMENT TO LEASE, #15 Exhibit Q. NOTICE OF DEFAULT, #16 Exhibit R. NOTICE OF DEFAULT) (James, Doug) |
| Filing 15 AFFIDAVIT/DECLARATION re #11 Amended MOTION to Amend/Correct #10 MOTION for Hearing ON CLAIM FOR DELIVERY PURSUANT TO MONT. CODE ANN. 27-17-203 , #13 MOTION to Appoint Receiver AFFIDAVIT OF MATT CLARK by Pender West Credit 1 Reit, LLC. (Attachments: #1 Exhibit A. LOAN AGREEMENT) (James, Doug) |
| Filing 14 Brief/Memorandum in Support re #13 MOTION to Appoint Receiver filed by Pender West Credit 1 Reit, LLC. (James, Doug) |
| Filing 13 MOTION to Appoint Receiver Doug James appearing for Plaintiff Pender West Credit 1 Reit, LLC Motions referred to Timothy J. Cavan. (Attachments: #1 Exhibit A. INSURANCE CANCELLATION NOTICE) (James, Doug) |
| Filing 12 Brief/Memorandum in Support re #11 Amended MOTION to Amend/Correct #10 MOTION for Hearing ON CLAIM FOR DELIVERY PURSUANT TO MONT. CODE ANN. 27-17-203 , #10 MOTION for Hearing ON CLAIM FOR DELIVERY PURSUANT TO MONT. CODE ANN. 27-17-203 filed by Pender West Credit 1 Reit, LLC. (Attachments: #1 Exhibit A. INSURANCE CANCELLATION NOTICE) (James, Doug) |
| Filing 11 Amended MOTION to Amend/Correct #10 MOTION for Hearing ON CLAIM FOR DELIVERY PURSUANT TO MONT. CODE ANN. 27-17-203 Doug James appearing for Plaintiff Pender West Credit 1 Reit, LLC Motions referred to Timothy J. Cavan. (James, Doug) |
| Filing 10 MOTION for Hearing ON CLAIM FOR DELIVERY PURSUANT TO MONT. CODE ANN. 27-17-203 Doug James appearing for Plaintiff Pender West Credit 1 Reit, LLC Motions referred to Timothy J. Cavan. (James, Doug) |
| Filing 9 REPLY to Response to Motion re #2 MOTION to Remand BACK TO STATE DISTRICT COURT filed by Pender West Credit 1 Reit, LLC. (Attachments: #1 Exhibit A. RETURN OF SERVICE) (James, Doug) |
| Filing 8 RESPONSE to Motion re #2 MOTION to Remand BACK TO STATE DISTRICT COURT Brief in Opposition to Motion to Remand filed by Mansoor A. Khan, Khan Real Estate LLC, Western Inn Motel, LLC. (Towe, Thomas) |
| Filing 7 State Court ORDER for Service of Process by Montana Secretary of State. (JDR) |
| Filing 6 State Court ORDER to Show Cause. (JDR) |
| Filing 5 COMPLAINT to Foreclose Real Estate Mortgage and Complaint and Claim for Delivery filed in State Court against All Defendants, filed by Pender West Credit 1 Reit, LLC. (JDR) |
| Filing 4 STATE COURT FILE: DV-56-2019-1461-FO, MT 13th Judicial District Court, Yellowstone County. Case Register Report and File Receipt. (Attachments: #1 State Court File) (JDR) Modified on 12/11/2019: received by email in the clerk's office on 11/18/2019 (JDR). |
| Filing 3 Brief/Memorandum in Support re #2 MOTION to Remand BACK TO STATE DISTRICT COURT filed by Pender West Credit 1 Reit, LLC. (Attachments: #1 Exhibit A. RETURN OF SERVICE) (James, Doug) |
| Filing 2 MOTION to Remand BACK TO STATE DISTRICT COURT Doug James appearing for Plaintiff Pender West Credit 1 Reit, LLC Motions referred to Timothy J. Cavan. (James, Doug) |
| Filing fee received: $ 400, receipt number 0977-2399367 (JDR) |
| Remark: PHV attorney Keturah N. Shaules is now a registered e-filer and may receive NEFs. (JDR) |
| Filing 1 NOTICE OF REMOVAL by Mansoor A. Khan, Western Inn Motel, LLC, Khan Real Estate LLC from MT 13th Judicial District Court, case number DV-19-1361., filed by Mansoor A. Khan, Western Inn Motel, LLC, Khan Real Estate LLC. (Attachments: #1 District Court Complaint, #2 Exhibits to District Court Complaint, #3 Civil Cover Sheet) (JDR) |
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