WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2019-C50 v. 24 COMMERCE STREET LLC et al
WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20 |
24 COMMERCE STREET LLC, JOHN DOE #1-100, M.P. MANAGEMENT LLC, BBF PARTNERS LLC and JOHN DOE NO. 1 THROUGH JOHN DOE NO. 100 |
G&E Real Estate Management Services, Inc. d/b/a Newmark Knight Frank |
2:2021cv05498 |
March 17, 2021 |
US District Court for the District of New Jersey |
James B Clark |
John Michael Vazquez |
Real Property: Foreclosure |
28 U.S.C. § 1332 Diversity-Other Contract |
None |
Docket Report
This docket was last retrieved on March 15, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 118 STATUS REPORT of Receiver dated July 21, 2022 by G&E Real Estate Management Services, Inc. d/b/a Newmark Knight Frank. (CALELLO, SHEILA) |
Filing 117 ORDER that Plaintiff's request for leave to file a motion for summary judgment is GRANTED; that the motion for summary judgment is limited to the issues raised in Plaintiff's letter, but the parties are not prohibited from citing additional legal authority in support of or opposition to the motion; that the parties shall refer to, and not refile, Plaintiff's statement of undisputed material facts, D.E. 109 at 4-16, and Borrower's responsive statement of material facts, D.E. 114 at 3-7; that the motion for summary judgment shall be filed within forty-five days of entry of this Order.. Signed by Judge John Michael Vazquez on 7/20/2022. (ld, ) |
Filing 116 TEXT ORDER: The Court has received and reviewed the Receivers letter, D.E. 110, requesting additional authority, and Plaintiffs letter in support, D.E. 115. Borrower has not yet filed a response. Within seven days, the Receiver shall file a letter on the docket delineating precisely the additional responsibility or other relief it is seeking. So Ordered by Judge John Michael Vazquez on 7/20/22. (ro, ) |
Filing 115 Letter from Keith M. Brandofino, re request that the Receiver be given greater authority to manage the Property. re #110 Letter. (MIGNARDI, DAVID) |
Filing 114 Letter from Javier M. Lopez, Esq. re #113 Letter,. (LOPEZ, JAVIER) |
Filing 113 Letter from David V. Mignardi, re response to the purported opposition submitted by defendant 24 Commerce Street LLC (Borrower) to Plaintiff's request for leave to file a motion for, inter alia, summary judgment. re #111 Letter. (MIGNARDI, DAVID) |
Filing 112 TEXT ORDER: The Court has reviewed Plaintiffs request for leave to move for summary judgment and Borrowers response. D.E. 109, D.E. 111. Contrary to the Courts judicial preferences, Borrower did not respond to Plaintiffs statement of material facts not in dispute or provide a supplemental statement of material facts. No later than July 15, 2022, Borrower must file a reply to Plaintiffs statement of material facts not in dispute and/or file a supplemental statement of material facts. If Borrower does not reply, Plaintiffs statement of material facts not in dispute will be deemed unopposed for the purposes of the motion for summary judgment. So Ordered by Judge John Michael Vazquez on 7/8/2022. (ro, ) |
Filing 111 Letter from Javier M. Lopez re #109 Letter. (LOPEZ, JAVIER) |
Filing 110 Letter from Sheila E. Calello, Esq. re #100 Order,,,. (CALELLO, SHEILA) |
Filing 109 Letter from David V. Mignardi. (MIGNARDI, DAVID) |
Filing 108 STATUS REPORT of Receiver dated June 22, 2022 by G&E Real Estate Management Services, Inc. d/b/a Newmark Knight Frank. (Attachments: #1 Exhibit Part 2 to Status Report, #2 Exhibit Part 3 to Status Report, #3 Exhibit Part 4 to Status Report)(CALELLO, SHEILA) |
Filing 107 LETTER ORDER: Telephone Status Conference set for 7/27/2022 will instead commence at 10:30 AM before Magistrate Judge James B. Clark.. Signed by Magistrate Judge James B. Clark on 6/21/2022. (ld, ) |
Filing 106 LETTER ORDER: Per the summary judgment protocol set forth by the Honorable John Michael Vazquez, U.S.D.J., any party wishing to file a motion for summary judgment shall submit a letter of three (3) pages or less to Judge Vazquez by no later than June 24, 2022, summarizing the moving partys substantive arguments along with that partys statement of material facts not in dispute pursuant to Local Civil Rule 56.1. Telephone Status Conference set for 7/27/2022 11:00 AM before Magistrate Judge James B. Clark.. Signed by Magistrate Judge James B. Clark on 6/14/2022. (ld, ) |
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Settlement Conference held on 6/14/2022. (Court Reporter, Zoom) (seb) |
Filing 105 STATUS REPORT of Receiver dated May 23, 2022 by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (PISKO, STEPHANIE) |
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 5/3/2022. (seb) |
Filing 104 LETTER ORDER: Settlement Conference set for 6/14/2022 02:00 PM before Magistrate Judge James B. Clark. By no later than June 9, 2022, the parties may submit separate supplemental confidential ex parte settlement position papers not to exceed three (3) pages.;etc. Signed by Magistrate Judge James B. Clark on 5/3/2022. (ld, ) |
Clerk's ENTRY OF DEFAULT as to BBF PARTNERS LLC for failure to plead or otherwise defend. (ams, ) |
Filing 103 Request for Default by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20 against BBF PARTNERS LLC. (Attachments: #1 Declaration of David V. Mignardi in Support of Plaintiff's Request for Entry of Default, #2 Exhibit A - Affidavits of Service for BBF Partners LLC, #3 Exhibit B - Declaration of Inquiry)(MIGNARDI, DAVID) |
Filing 102 STATUS REPORT of Receiver dated April 22, 2022 by G&E Real Estate Management Services, Inc. d/b/a Newmark Knight Frank. (PISKO, STEPHANIE) |
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 3/29/2022. (seb) |
Filing 101 ORDER scheduling a Telephone Status Conference for 5/3/2022 at 03:30 PM before Magistrate Judge James B. Clark. Signed by Magistrate Judge James B. Clark on 3/29/2022. (mxw) |
Filing 100 CONSENT ORDER EXPANDING RIGHTS AND POWERS OF COURT-APPOINTED RECEIVER; that the Receiver's rights and powers are hereby enlarged and expanded as follows: The Receiver is hereby authorized and directed, to the extent the Court didnot already so authorize and direct the Receiver in the Receivership Order, to demand, collect and receive from all tenants, lessees, subtenants, sublessees, licensees, occupants or other users (collectively, "Tenants") of all or any part of the certain real property and improvements located at 24-30 Commerce Street, Newark, New Jersey 07102, identifiable as Block 145, Lots 19 and 19-B01 on the tax map of the in the City of Newark, County of Essex, State of New Jersey and more particularly described in Exhibit 1 annexed hereto (the "Property");etc. Signed by Judge John Michael Vazquez on 3/22/2022. (ld, ) |
Filing 99 STATUS REPORT of Receiver dated March 22, 2022 by 24 COMMERCE STREET LLC. (PISKO, STEPHANIE) |
Filing 98 Proposed Order Consent Order Expanding Rights and Powers of Court-Appointed Receiver by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (MIGNARDI, DAVID) |
Filing 97 Transcript of Status Conference held on March 11, 2022, before Judge John Michael Vasquez. Court Reporter: Lisa Larsen (973-776-7741). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 4/7/2022. Redacted Transcript Deadline set for 4/18/2022. Release of Transcript Restriction set for 6/15/2022. (krg) |
Filing 96 Minute Entry for proceedings held by ZOOM video conference before Judge John Michael Vazquez: Status Conference held on 3/11/2022. (Court Reporter, Lisa Larsen (630-338-5069)) (ro, ) |
Filing 95 TEXT ORDER: A conference is scheduled for 3/11/2022 at 11:00 a.m. by video conference to address the letters received regarding amending this court's prior order.. So Ordered by Judge John Michael Vazquez on 3/10/2022. (ro, ) |
Filing 94 Letter from Receiver re #91 Letter, #92 Proposed Pretrial Order, #93 Letter. (CALELLO, SHEILA) |
Filing 93 Letter from Javier M. Lopez, Esq. re #91 Letter, #92 Proposed Pretrial Order,. (LOPEZ, JAVIER) |
Filing 92 Proposed Order Expanding Rights and Powers of Court-Appointed Receiver by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20 re #91 Letter, #86 Order on Motion to Amend/Correct. (MIGNARDI, DAVID) |
Filing 91 Letter from David V. Mignardi, Esq. re #86 Order on Motion to Amend/Correct. (MIGNARDI, DAVID) |
Filing 90 STATUS REPORT of Receiver by G&E Real Estate Management Services, Inc. d/b/a Newmark Knight Frank. (CALELLO, SHEILA) |
Filing 89 STATUS REPORT of Receiver by G&E Real Estate Management Services, Inc. d/b/a Newmark Knight Frank. (CALELLO, SHEILA)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 2/15/2022. (seb) |
Filing 88 LETTER ORDER that Plaintiff's request to file a motion for summary judgment as set forth in its January 28, 2022 letter [ECF No. 85] is DENIED without prejudice. Plaintiff's request will be revisited at the conclusion of discovery., (Telephone Status Conference set for 3/29/2022 12:30 PM before Magistrate Judge James B. Clark.) Counsel for Defendant shall initiate the call.. Signed by Magistrate Judge James B. Clark on 2/15/2022. (ld, ) |
Filing 87 Letter from David V. Mignardi, Javier M. Lopez, and Michael M. Cohen. (MIGNARDI, DAVID) |
Filing 85 Letter from David V. Mignardi. (MIGNARDI, DAVID) |
Filing 86 ORDER denying without prejudice #79 MOTION to Amend/Correct #48 Order on Motion to Appoint Receiver, etc. Signed by Judge John Michael Vazquez on 1/27/2022. (lag, ) |
Filing 84 Minute Entry for proceedings held before Judge John Michael Vazquez: Status Conference held by ZOOM video conference on 1/27/2022. (Court Reporter, Lisa Larsen (630-338-5069)) (ro, ) |
Filing 83 REPLY BRIEF to Opposition to Motion filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20 re #79 MOTION to Amend/Correct #48 Order on Motion to Appoint Receiver,, (MIGNARDI, DAVID) |
Filing 82 STATUS REPORT of Receiver by G&E Real Estate Management Services, Inc. d/b/a Newmark Knight Frank. (CALELLO, SHEILA) |
Filing 81 BRIEF in Opposition filed by 24 COMMERCE STREET LLC re #79 MOTION to Amend/Correct #48 Order on Motion to Appoint Receiver,, (LOPEZ, JAVIER) |
CLERK'S QUALITY CONTROL MESSAGE - Please be advised the #79 -7 Motion (Exhibit E) submitted by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20 on 1/14/2022 is not filed pursuant to the Courts Transcript Policy. Only certified official court reporters or transcription agencies are permitted to electronically file official court transcripts. The Clerks office has removed this document pursuant to the procedure of the Court and at the Courts direction. This message is for informational purposes. (ams, ) |
Filing 80 TEXT ORDER: The Court has received Plaintiffs request for an order to show cause. D.E. 79. Defendants shall file opposition by January 21, 2002, and Plaintiff shall file a reply by January 25, 2022. The Court will hear argument, by video conference, on January 27, 2022 at 2:00 p.m. So Ordered by Judge John Michael Vazquez on 1/14/22. (ro, ) |
Filing 79 MOTION to Amend/Correct #48 Order on Motion to Appoint Receiver,, by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (Attachments: #1 Declaration Declaration of David V. Mignardi in Support of Plaintiff's Application for Amendment of Receivership Order, #2 Exhibit A - Amended Complaint, #3 Exhibit B Part 1 of 2 - Pastor Decl., #4 Exhibit B Part 2 of 2 - Pastor Decl., #5 Exhibit C - Receivership Order, #6 Exhibit D - October 2021 Receivership Report, # 7 Exhibit E - 12-06-2021 Transcript, #8 Exhibit F - November 2021 Receivership Report, #9 Exhibit G - Order, #10 Exhibit H - Amended Proposed Receivership Order, #11 Declaration Declaration of John A. Rothschild, Jr., #12 Exhibit A - Email, #13 Exhibit B - Email Chain, #14 Exhibit C - Email and Document Request, #15 Exhibit D - October 26, 2021 Letter, #16 Exhibit E - Email Chain, #17 Exhibit F - Email, #18 Exhibit G - November 8, 2021 Letter, #19 Exhibit H - November 9-10, 2021 email chain, #20 Exhibit I - November 15, 2021 Letter, #21 Exhibit J - November 22, 2021 Letter, #22 Exhibit K - November 30, 2021 Letter, #23 Exhibit L - December 1, 2021 Letter, #24 Exhibit M - December 15, 2021 Letter, #25 Brief Memorandum of Law in Support of Plaintiff's Application for Relief from Orders)(MIGNARDI, DAVID) |
Filing 78 Transcript of Video Conference held on December 6, 2021, before Judge John Michael Vasquez. Court Reporter: Laurie Engemann (908-347-7301). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 1/18/2022. Redacted Transcript Deadline set for 1/27/2022. Release of Transcript Restriction set for 3/28/2022. (krg) Modified on 12/30/2021 (mfr). |
Filing 77 STATUS REPORT from Receiver by G&E Real Estate Management Services, Inc. d/b/a Newmark Knight Frank. (CALELLO, SHEILA) |
Filing 76 Minute Entry for proceedings held before Judge John Michael Vazquez: Status telephone conference held on 12/6/2021. (Court Reporter, Laurie Engemann (908-347-7301)) (ro, ) |
Filing 75 NOTICE of Appearance by STEPHANIE A. PISKO on behalf of G&E Real Estate Management Services, Inc. d/b/a Newmark Knight Frank (PISKO, STEPHANIE) |
Filing 74 TEXT ORDER: Upon request of the defendant for a brief adjournment the conference scheduled for 12/3/21 is rescheduled to 12/6/21 at 12:30 p.m. So Ordered by Judge John Michael Vazquez on 11/3/21. (ro, ) |
Filing 73 TEXT ORDER: A video conference is scheduled in this matter for December 3, 2021 at 11:00 a.m. So Ordered by Judge John Michael Vazquez on 12/1/21. (ro, ) |
Filing 72 ORDER that no later than December 8, 2021, the Borrower shall disclose and turn over to the Receiver the outstanding information set forth the Receiver's November 30, 2021 Letter. D.E. 70. that the Receiver may retain counsel and pay counsel's reasonable fees and costs. The ability to retain counsel in retroactive to October 14, 2021, the date of the Order appointing the Receiver. D.E. 48.;etc. Signed by Judge John Michael Vazquez on 12/1/2021. (ld, ) |
Filing 71 Letter re #70 Letter, 69 Order,. (LOPEZ, JAVIER) |
Filing 70 Letter from S.Calello Re Non-Compliance with Receiver Order re #68 Letter, 69 Order, #64 Letter. (CALELLO, SHEILA) |
Filing 69 TEXT ORDER: The Court has reviewed the Receivers letter, D.E. 64, along with the response from Defendant 24 Commerce Street LLC (Borrower), D.E. 68. Borrower reports that significant progress has been made on issues outlined in the Receivers letter. No later than November 30, 2021, the Receiver shall file a letter on the docket reflecting its view as to the issues that remain outstanding. So Ordered by Judge John Michael Vazquez on 11/23/21. (ro, ) |
Filing 68 Letter from Javier M. Lopez, Esq. re #64 Letter. (LOPEZ, JAVIER) |
Filing 67 STATUS REPORT from Receiver by G&E Real Estate Management Services, Inc. d/b/a Newmark Knight Frank. (CALELLO, SHEILA) |
Filing 66 TEXT ORDER: The Court has reviewed the Receivers letter. D.E. 64. No later than November 22, 2021, Defendant 24 Commerce Street LLC shall file a response in writing on the docket to the Receivers letter. Defendant shall address each issue raised in the Receivers letter. So Ordered by Judge John Michael Vazquez on 11/19/21. (ro, ) |
Filing 65 Letter from David V. Mignardi. (MIGNARDI, DAVID) |
Filing 64 Letter from S. Calello on behalf of Receiver. (CALELLO, SHEILA) |
Filing 63 Letter from The Parties pursuant to the November 4, 2021 Order. (MIGNARDI, DAVID) |
Filing 62 TEXT ORDER: As discussed during the videoconference with counsel today, no later than Friday, November 12, 2021, the parties shall file a joint letter on the docket. The joint letter shall address the issues that Defendant 24 Commerce Street LLC raised in its November 3, 2021, D.E. 58, with the exception of legal fees and the proposed escrow. So Ordered by Judge John Michael Vazquez on 11/4/21. (ro, ) |
Filing 61 Minute Entry for proceedings held before Judge John Michael Vazquez: Status telephone conference held on 11/4/2021. (ro, ) |
Filing 60 TEXT ORDER: The Court has reviewed the letter of Defendant 24 Commerce Street LLC. (Defendant), D.E. 58, and the letter of Plaintiff, D.E. 59. Plaintiff indicates that it cannot provide a full computation of the payoff amount until November 16, 2021. Defendant proposes alternate, interim relief in which the parties enter into a consent order in which Defendant is permitted to close on the refinance transaction free and clear of all liens and encumbrances provided the full amount of the payoff is escrowed with the Court or the title company acting as settlement agent. D.E. 58. The Court will hold a telephone conference with the parties on November 4, 2021, at 2 p.m. to discuss the viability of this option. If the parties are able to reach agreement as to a consent order before then, they shall notify the Court. So Ordered by Judge John Michael Vazquez on 11/4/21. (ro, ) |
Filing 59 Letter from David V. Mignardi. (MIGNARDI, DAVID) |
Filing 58 Letter from Joseph McCarthy. (LOPEZ, JAVIER) |
Filing 57 TEXT ORDER: As discussed in todays telephone conference with counsel, no later than 5 p.m. on November 3, 2021, Plaintiffs counsel shall submit a letter on the docket indicating when it can provide an accurate payoff statement to Defendants. If Plaintiff cannot provide the statement by November 5, 2021, then Plaintiff shall explain with particularity the reasons that it cannot provide the statement earlier. In addition, Defendant 24 Commerce Street LLC indicates that many items in the current payoff statement are disputed. D.E. 53. As a result, no later than 5 p.m. on November 3, 2021, counsel for 24 Commerce Street LLC shall submit a letter on the docket explaining its specific bases (for example, statutory or contractual language) as to why certain items are not recoverable. So Ordered by Judge John Michael Vazquez on 11/2/21. (ro, ) |
Filing 56 Minute Entry for proceedings held before Judge John Michael Vazquez: Status telephone conference held on 11/2/2021. (Court Reporter, Lisa Larsen) (ro, ) |
Filing 55 Letter from Plaintiff's Counsel re #53 Letter. (MIGNARDI, DAVID) |
Filing 54 TEXT ORDER: The Court has received and reviewed defense counsels October 29, 2021 letter. D.E. 53. The Court will hold a telephone conference with counsel on Tuesday, November 2, 2021 at 3:00 P.M. The Court will distribute the dial-in number to all counsel. So Ordered by Judge John Michael Vazquez on 11/1/21. (ro, ) |
Filing 53 Letter from J. Lopez regarding payoff figures. (LOPEZ, JAVIER) |
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Scheduling Conference held on 10/27/2021. (seb) |
Filing 52 PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 2/15/2022 11:00 AM before Magistrate Judge James B. Clark. Amended Pleadings due by 3/25/2022 and shall be made returnable on 4/18/2022. Fact Discovery due by 4/29/2022. Joinder of Parties due by 3/25/2022 and shall be made returnable on 4/18/2022.;etc. Signed by Magistrate Judge James B. Clark on 10/27/2021. (ld, ) |
Filing 51 ORDER that Defendant's request that the Court order the receiver to post a bond is DENIED; that Defendant's request for additional time to turn over the records is GRANTED. Defendant shall have fourteen (14) days from this issuance of this Order to comply with the requirements of the Court's previous Order, D.E. 48, as to providing the relevant records.. Signed by Judge John Michael Vazquez on 10/25/2021. (ld, ) |
Filing 50 NOTICE of Appearance by SHEILA ELIZABETH CALELLO on behalf of G&E Real Estate Management Services, Inc. d/b/a Newmark Knight Frank (CALELLO, SHEILA) |
Filing 49 Letter from Javier M. Lopez, Esq. re #48 Order on Motion to Appoint Receiver,,. (LOPEZ, JAVIER) |
Filing 48 ORDER granting in part and denying in part #13 Motion to Appoint Receiver; that G & E Real Estate Management Services, Inc., a Delaware corporation dba Newmark Knight Frank (the "Receiver") is appointed as the receiver of rents for the property located at 24 Commerce Street, Newark N.J. (the "Property"); that the Receiver shall take possession of all rents, payments, revenues, refunds and other income from, relating to or derived from the Property received on or after the date of this Order to the extent that the foregoing is in the possession and/or control of Borrower; etc. Signed by Judge John Michael Vazquez on 10/14/2021. (ld, ) |
Filing 47 OPINION. Signed by Judge John Michael Vazquez on 10/14/2021. (ld, ) |
Filing 46 Letter from David V. Mignardi re #13 MOTION to Appoint Receiver . (MIGNARDI, DAVID) |
Filing 45 NOTICE of Change of Address by DAVID VINCENT MIGNARDI (MIGNARDI, DAVID) |
Filing 44 LETTER ORDER - The initial conference scheduled in this matter for October 7, 2021 is adjourned to October 27, 2021 at 11:30 AM.. Signed by Magistrate Judge James B. Clark on 8/23/2021. (ld, ) |
Filing 43 REPLY BRIEF to Opposition to Motion filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20 re #13 MOTION to Appoint Receiver (MIGNARDI, DAVID) |
Filing 42 Letter from Defendant Requesting Oral Argument re #13 MOTION to Appoint Receiver . (LOPEZ, JAVIER) |
Filing 41 MEMORANDUM in Opposition filed by 24 COMMERCE STREET LLC re #13 MOTION to Appoint Receiver (Attachments: #1 Declaration of Javier M. Lopez, Esq.)(LOPEZ, JAVIER) |
Filing 40 LETTER ORDER - The initial conference scheduled in this matter for August 26, 2021 is adjourned to October 7, 2021 at 11:00 AM.. Signed by Magistrate Judge James B. Clark on 7/15/2021. (ld, ) |
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Settlement Conference held on 7/14/2021. (Court Reporter, Zoom) (seb) |
Filing 39 NOTICE of Lis Pendens by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20 (MIGNARDI, DAVID) |
Filing 38 Notice of Request by Pro Hac Vice Keith M. Brandofino to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12598112.) (MIGNARDI, DAVID) |
Pro Hac Vice counsel, KEITH M. BRANDOFINO, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jc, ) |
Filing 37 ORDER re Letter Request; The Court will not grant the request to hold the motion in abeyance but will give Defendants until July 19, 2021 to file opposition to the Motion to Appoint Receiver, D.E. 13.. Signed by Judge John Michael Vazquez on 6/30/2021. (ld, ) |
Filing 36 Letter from Defendant 24 Commerce re #35 Letter, #13 MOTION to Appoint Receiver . (LOPEZ, JAVIER) |
Filing 35 Letter from David V. Mignardi. (MIGNARDI, DAVID) |
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 6/29/2021. (seb) |
Filing 33 LETTER ORDER: As discussed during the Telephone Conference held in the above-captioned matter earlier today, the Court will conduct a Settlement Conference with the Parties on 7/14/2021 at 2:30 P.M. etc. Signed by Magistrate Judge James B. Clark on 6/29/2021. (bt, ) |
Filing 32 Letter from Defendant 24 Commerce re #13 MOTION to Appoint Receiver . (LOPEZ, JAVIER) |
Set Deadlines as to #31 MOTION for Leave to Appear Pro Hac Vice /Unopposed Motion for Keith M. Brandofino's Admission to Practice Pro Hac Vice. Motion set for 8/2/2021 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jc, ) |
Filing 34 ORDER granting #31 Motion for Leave to Appear Pro Hac Vice as to Keith M. Brandofino, Esq.. Signed by Magistrate Judge James B. Clark on 6/28/2021. (ld, ) |
Filing 31 MOTION for Leave to Appear Pro Hac Vice /Unopposed Motion for Keith M. Brandofino's Admission to Practice Pro Hac Vice by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (Attachments: #1 Declaration of David V. Mignardi in Support of Motion to Practice Pro Hac Vice, #2 Certification of Keith M. Brandofino in Support of Motion to Practice Pro Hac Vice, #3 Text of Proposed Order)(MIGNARDI, DAVID) |
Filing 30 Letter from David V. Mignardi re #28 Letter. (MIGNARDI, DAVID) |
Filing 29 ORDER scheduling Telephone Status Conference for June 29, 2021 at 10:00 AM before Magistrate Judge James B. Clark, etc. Signed by Magistrate Judge James B. Clark on 6/10/21. (jc, ) |
Filing 28 Letter from Defendant 24 Commerce re #27 Letter. (LOPEZ, JAVIER) |
Filing 27 Letter from David V. Mignardi re #13 MOTION to Appoint Receiver . (MIGNARDI, DAVID) |
Filing 26 Corporate Disclosure Statement by 24 COMMERCE STREET LLC. (LOPEZ, JAVIER) |
Filing 25 ANSWER to Amended Complaint by 24 COMMERCE STREET LLC.(LOPEZ, JAVIER) |
Filing 24 LETTER ORDER: Initial Conference set for 8/26/2021 at 10:30 AM before Magistrate Judge James B. Clark. Signed by Magistrate Judge James B. Clark on 6/9/2021. (seb) |
Filing 23 ORDER that the Receiver Motion [ECF No. 13] shall be made returnable on July 19, 2021. Signed by Magistrate Judge James B. Clark on 6/3/2021. (ld, ) |
Reset Deadlines as to #13 MOTION to Appoint Receiver . Motion reset for 7/19/2021 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) |
Filing 22 Letter from Defendant Requesting Adjournment re #13 MOTION to Appoint Receiver . (LOPEZ, JAVIER) |
Filing 21 ANSWER to Amended Complaint by M.P. MANAGEMENT LLC.(COHEN, MICHAEL) |
Filing 20 DECLARATION of Inquiry by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (MIGNARDI, DAVID) |
Filing 19 AFFIDAVIT of Service for Summons, Amended Complaint, Civil Cover Sheet, Rule 7.1 Statement and Receivership Motion served on BBF Partners LLC on 05/20/2021, filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (MIGNARDI, DAVID) |
Filing 18 AFFIDAVIT of Service for Motion for the Appointment of a Receiver served on Michael Cohen, Joseph R. McCarthy, and Javier M. Lopez on May 19, 2021, filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (MIGNARDI, DAVID) |
Filing 17 NOTICE of Appearance by MICHAEL M. COHEN on behalf of M.P. MANAGEMENT LLC (COHEN, MICHAEL) |
Filing 16 NOTICE of Appearance by JOSEPH RYAN MCCARTHY on behalf of 24 COMMERCE STREET LLC (MCCARTHY, JOSEPH) |
Filing 15 Exhibit to #13 Motion to Appoint Receiver,,,,,,, by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (MIGNARDI, DAVID) |
Filing 14 NOTICE of Appearance by JAVIER M. LOPEZ on behalf of 24 COMMERCE STREET LLC (LOPEZ, JAVIER) |
Set Deadlines as to #13 MOTION to Appoint Receiver. Motion set for 6/21/2021 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jc, ) |
Filing 13 MOTION to Appoint Receiver by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (Attachments: #1 Declaration Declaration of Sandra Pastor in Support of Plaintiff's Application for the Appointment of a Receiver, #2 Exhibit Loan Agreement, #3 Exhibit Note, #4 Exhibit Mortgage, #5 Exhibit Assignment of Leases and Rents, #6 Exhibit UCC Statement- Argentic Real Estate Finance LLC- County, #7 Exhibit UCC Statement- Argentic Real Estate Finance LLC- State, #8 Exhibit Guaranty, #9 Exhibit Assignment of Mortgage to SPREF WH III LLC, #10 Exhibit Assignment of Mortgage to Argentic Real Estate Finance LLC, #11 Exhibit Assignment of Mortgage to Wilmington Trust, NA, #12 Exhibit Assignment of ARL to SPREF WH III LLC, #13 Exhibit Assignment of ALR in favor of Argentic Real Estate Finance LLC, #14 Exhibit Assignment of ALR in favor of Wilmington Trust, NA, #15 Exhibit UCC-Assignment in favor of SFREF WH III LLC, #16 Exhibit UCC-Assignment in favor of Wilmington Trust, #17 Exhibit UCC Assignment to SPREF WH III LLC- State, #18 Exhibit UCC Assignment to Argentic Real Estate LLC- State, #19 Exhibit UCC Assignment to Wilmington Trust, NA, #20 Exhibit 1st Notice of Default, #21 Exhibit 2nd Notice of Default, #22 Exhibit Final Notice of Acceleration, #23 Exhibit Mortgage in favor of M.P. Management, LLC, #24 Exhibit Mortgage in favor BFF Partners LLC, #25 Declaration Declaration of David V. Mignardi in Support of Application for the Appointment of Receiver, #26 Exhibit Amended Complaint, #27 Exhibit Newmark Proposal for Real Estate Services, #28 Exhibit Proposed Order, #29 Brief Memorandum of Law in Support of Application for Appointment of a Receiver, #30 Text of Proposed Order Proposed Order)(MIGNARDI, DAVID) |
Filing 12 STIPULATION AND ORDER Extending Time for Defendant M.P MANAGEMENT LLC; Defendant's time to answer, move or otherwise respond with respect to Plaintiff's Amended Complaint is extended through and including June 1, 2021. etc. Signed by Magistrate Judge James B. Clark on 5/13/2021. (qa, ) |
Filing 11 STIPULATION AND ORDER Extending Time For Defendant 24 COMMERCE STREET LLC; Defendant's time to answer, move or otherwise respond with respect to Plaintiff's Amended Complaint is extended through and including June 9, 2021. etc. Signed by Magistrate Judge James B. Clark on 5/13/2021. (qa, ) |
Filing 10 STIPULATION Extending Time for Defendant M.P. Management LLC's Time to Answer Complaint by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (MIGNARDI, DAVID) |
Filing 9 STIPULATION Extending Time for Defendant 24 Commerce Street LLC's Time to Answer Complaint by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (MIGNARDI, DAVID) |
Filing 8 AFFIDAVIT of Service for Summons in a Civil Case, Amended Complaint, Civil Cover Sheet and Rule 7.1 Statement served on M.P. Management LLC on April 13, 2021, filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (MIGNARDI, DAVID) |
Filing 7 AFFIDAVIT of Service for Summons in a Civil Case, Amended Complaint, Civil Cover Sheet and Rule 7.1 Statement served on 24 Commerce Street LLC on 03/29/2021, filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (MIGNARDI, DAVID) |
Filing 6 Order to Refund Fees (Finance notified). Signed by Chief Deputy Clerk Theresa L. Burnett on 03/25/2021. (mps) |
Filing 5 Application for Refund of Fees from David V. Mignardi re #1 Complaint, (finance notified).. (MIGNARDI, DAVID) |
Filing 4 SUMMONS ISSUED as to 24 COMMERCE STREET LLC, BBF PARTNERS LLC, M.P. MANAGEMENT LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jc, ) |
CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Cause of Action, Party Information. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jc, ) |
Filing 3 AMENDED COMPLAINT against 24 COMMERCE STREET LLC, BBF PARTNERS LLC, JOHN DOE #1-100, M.P. MANAGEMENT LLC, filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (Attachments: #1 Exhibit 1. Property, #2 Exhibit 2. Collateral)(MIGNARDI, DAVID) |
Filing 2 Corporate Disclosure Statement by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20 identifying Wilmington Trust, National Association and M&T Bank Corporation as Corporate Parent.. (MIGNARDI, DAVID) |
Filing 1 COMPLAINT against 24 COMMERCE STREET LLC, BBF PARTNERS LLC, JOHN DOE #1-100, M.P. MANAGEMENT LLC ( Filing and Admin fee $ 402 receipt number ANJDC-12272597), filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20. (Attachments: #1 Exhibit Property, #2 Exhibit Collateral, #3 Civil Cover Sheet)(MIGNARDI, DAVID) |
Case Assigned to Judge John Michael Vazquez and Magistrate Judge James B. Clark. (ak, ) |
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Search for this case: WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2019-C50 v. 24 COMMERCE STREET LLC et al | |
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Plaintiff: WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2019-C50, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20 | |
Represented By: | DAVID VINCENT MIGNARDI |
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Defendant: 24 COMMERCE STREET LLC | |
Represented By: | JAVIER M. LOPEZ |
Represented By: | JOSEPH RYAN MCCARTHY |
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Defendant: JOHN DOE #1-100 | |
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Defendant: M.P. MANAGEMENT LLC | |
Represented By: | MICHAEL M. COHEN |
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Defendant: BBF PARTNERS LLC | |
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Defendant: JOHN DOE NO. 1 THROUGH JOHN DOE NO. 100 | |
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Receiver: G&E Real Estate Management Services, Inc. d/b/a Newmark Knight Frank | |
Represented By: | SHEILA ELIZABETH CALELLO |
Represented By: | STEPHANIE A. PISKO |
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