Bank Of America, N.A. v. 3301 Atlantic Avenue, LLC et al
| Bank Of America, N.A., U.S. Bank, as Trustee and MSB Main Street, LLC |
| Blue Ridge Foods, LLC, 3301 Atlantic Avenue, LLC, Annette Apergis, New York City Environmental Control Board, East Coast Petroleum, Inc., Em-Ess Acquisition LLC), Marvin Sussman, Blue Ridge Farms, Inc., Jeffrey Siegel, Richard Siegel, John and Jane Does 1-10, ABC Corps. 1-10, June Siegel and c/o June Siegel Representative of the Estate of Seymour Siegel |
| Anthony Clouden of LeNAC Enterprises, Inc. |
| Shirley Irick |
| 1:2010cv05204 |
| November 10, 2010 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Frederic Block |
| Steven M Gold |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 Foreclosure |
| None |
Docket Report
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This docket was last retrieved on August 24, 2016. A more recent docket listing may be available from PACER.
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| NOTICE: The Court has received the letters submitted by counsel for Jeffrey and Richard Siegel, Docket Entry #12 , and for MSB Main Street LLC, Docket Entry #125 . It is not clear why these letters were filed. The case is closed, and Siegels' letter does not appear to seek any particular relief. If any attorney believes that another member of the bar has violated the Rules of Professional Conduct (a subject on which this Court offers no opinion),there are certainly responses more appropriate than addressing a letter to the Court in a closed case that merely alleges the violation without seeking any specific remedy. (Gillespie, Saudia) |
| Filing 125 Letter dated August 23, 2016 from Robert E. Crotty to Judge Steven M. Gold re Ahmed Massoud Esq.'s August 5, 2016 letter by MSB Main Street, LLC (Crotty, Robert) |
| Filing 124 Letter by Ahmed A. Massoud, Esq., Advising Court of Fraudulent Conduct by Jeffrey Siegel, Richard Siegel (Attachments: #1 Exhibit Sauberman Affidavit, #2 Exhibit Koptiev Affidavit, #3 Exhibit Assignment of Mortgage Dated June 5, 2014 from MSB Main Street LLC to Progressive Credit Union, #4 Exhibit Power of Attorney Dated October 6, 2011, #5 Exhibit Agreement of Sale Dated August 8, 2012, #6 Exhibit Transcript of Thomas Kontogiannis' Deposition Testimony, #7 Exhibit Department of Justice Response to Touhy Request) (Pashkoff, Lisa) |
| Filing 123 Letter dated June 22, 2015 from Joel A. Hankin to Honorable Steven M. Gold confirming that no letter or opposition was filed via ECF, nor received by this office, in response to Plaintiff's Motion to Vacate or in response to the Court's June 8 Order by MSB Main Street, LLC (Hankin, Joel) |
ORDER granting #119 Motion to Vacate: The Notices of Pendency, filed on November 10, 2010 and November 5, 2013, are hereby cancelledand declared discharged of record, null, void and of no effect. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/22/2015. (Vasquez, Lea)
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ORDER deferring ruling on #119 Motion to Vacate: The Court will assume that no party objects to MSB's motion, docket entry 119, unless a party submits a letter by June 12, 2015, seeking leave to submit opposition and proposing a date by which its opposition will be filed. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/8/2015. (Vasquez, Lea)
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ELECTRONIC ORDER REFERRING: Plaintiff's motion #119 to vacate & cancel the notices of pendency to MJ Gold to decide. Ordered by Judge Frederic Block on 6/5/2015. Motions referred to Steven M. Gold. (Innelli, Michael)
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| Filing 122 CERTIFICATE OF SERVICE by MSB Main Street, LLC re #119 MOTION to Vacate and Cancel the Notices of Pendency (Crotty, Robert) |
| Filing 121 MEMORANDUM in Support re #119 MOTION to Vacate and Cancel the Notices of Pendency filed by MSB Main Street, LLC. (Crotty, Robert) |
| Filing 120 AFFIDAVIT/DECLARATION in Support re #119 MOTION to Vacate and Cancel the Notices of Pendency filed by MSB Main Street, LLC. (Attachments: #1 Exhibit A - 2010 Notice of Pendency, #2 Exhibit B - Final Judgment of Foreclosure and Sale, #3 Exhibit C - 2013 Notice of Pendency) (Crotty, Robert) |
| Filing 119 MOTION to Vacate and Cancel the Notices of Pendency by MSB Main Street, LLC. (Attachments: #1 Proposed Order) (Crotty, Robert) |
| Filing 118 Minute Entry for Motion Hearing held on 1/20/2015 re #117 MOTION to Intervene MOTION to Substitute Party filed by MSB Main Street, LLC proceedings held before Chief Mag. Judge Steven M. Gold: Hankin and McMahon for MSB Main Street LLC. Motion for intervention and related relief, docket entry 117, granted as unopposed. (Tape #FTR 11:04-11:09.) (Vasquez, Lea) |
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ORDER granting #117 Motion to Intervene; granting #117 Motion to Substitute Party. MSB Main Street, LLC added. The proposed order submitted as docket entry 117-14 is hereby entered by the Court. Ordered by Chief Mag. Judge Steven M. Gold on 1/21/2015. (Gold, Steven)
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| Filing 117 MOTION to Intervene , MOTION to Substitute Party by MSB Main Street, LLC. (Attachments: #1 Affidavit in Support of Motion Substituting Plaintiff and Discharching Receiver by Oren Sauberman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Affidavit in Support of Motion Substituting Plaintiff and Discharching Receiver by Benjamin Koptiev, #6 Exhibit A, #7 Affidavit in Support of Motion Substituting Plaintiff and Discharching Receiver by Anthony Clouden, #8 Exhibit A, #9 Exhibit B, #10 Declaration in Support of Motion to Settle Account of and Discharge Receiver by W. Christian Drewes, #11 Exhibit 1, #12 Exhibit 2, #13 Memorandum in Support of Motion to Intervene, Substitute Plaintiff and Discharge Receiver, #14 Proposed Order Substituting Plaintiff and Discharging Receiver, #15 Certificate of Service) (Crotty, Robert) |
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ORDER deferring ruling on #117 Motion to Intervene; deferring ruling on #117 Motion to Substitute Party. Any objections to any aspects of the motions filed by MSB Main Street LLC, Docket Entry 117, must be submitted by January 9, 2015. The Court will hold an in-person conference addressed to the motion at 11:00 a.m. on January 21, 2015. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/15/2014. (Vasquez, Lea)
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| Filing 116 Letter dated 8/11/2014 from Shirley Irick to Chief Magistrate Judge Gold advising him that she can no longer act as a referee in this case since she has accepted a position at the Department of Corrections. (Marziliano, August) |
| Filing 115 STATUS REPORT August 1, 2014 by Anthony Clouden of LeNAC Enterprises, Inc. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D) (Weiner, Bruce) |
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Filing 114
ORDER re #113 Letter filed by Anthony Clouden of LeNAC Enterprises, Inc.: The proposed Order is approved and hereby entered as an Order of the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/20/2014. (Vasquez, Lea)
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| Filing 113 Letter re proposed order by Anthony Clouden of LeNAC Enterprises, Inc. (Attachments: #1 Proposed Order) (Weiner, Bruce) |
| Filing 112 Minute Entry for Motion Hearing held on 6/18/2014 re #110 filed by Anthony Clouden of LeNAC Enterprises, Inc. proceedings held before Chief Magistrate Judge Steven M. Gold: Weiner, proposed counsel for receiver, and receiver Clouden present. All other parties fail to appear. The receiver's motion for appointment of counsel, docket entry 110, is unopposed and thus granted on consent. Mr. Weiner is appointed as counsel to the receiver. Mr. Weiner is authorized to bill his time at a rate of up to $400 per hour and to incur fees of up to $7,500, without prejudice to seek leave to perform additional legal work in the future. (Tape #FTR 2:16-2:22.) (Vasquez, Lea) |
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ORDER granting #110 Motion to Appoint Counsel. See minute entry for conference held today. Ordered by Chief Mag. Judge Steven M. Gold on 6/18/2014. (Gold, Steven)
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ORDER deferring ruling on #110 Motion to Appoint Counsel: An in-person conference will be held at 2:00 p.m. on June 18, 2014 before the undersigned. Counsel for all parties must attend. Receiver "Anthony Clouden of LeNac Enterprises, Inc." should attend as well. Counsel for Plaintiff is directed to immediately confirm this conference date and time with all counsel and Receiver Clouden. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/4/2014. (Vasquez, Lea)
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| Filing 111 AFFIDAVIT in Support of Ex-Parte Order for Appointment by Anthony Clouden of LeNAC Enterprises, Inc.. (Attachments: #1 Proposed Order) (Weiner, Bruce) |
| Filing 110 STATUS REPORT and MOTION to Appoint Counsel of Receiver by Anthony Clouden of LeNAC Enterprises, Inc. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C) (Weiner, Bruce) Modified on 6/4/2014 (Vasquez, Lea). |
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ORDER re Status Report Order: Counsel missed the 4/25/14 deadline to submit an updated status report. Accordingly, this status report must be electronically file immediately. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/12/2014. (Vasquez, Lea)
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| STATUS REPORT ORDER re #109 Status Report filed by Anthony Clouden of LeNAC Enterprises, Inc.: Updated status report due by 4/25/2014. So Ordered by Chief Magistrate Judge Steven M. Gold on 3/25/2014. (Vasquez, Lea) |
| Filing 109 STATUS REPORT of Receiver by Anthony Clouden of LeNAC Enterprises, Inc. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E) (Weiner, Bruce) |
| STATUS REPORT ORDER re #108 Status Report filed by U.S. Bank, as Trustee, Bank Of America, N.A. Counsel shall electronically file an updated status report by 3/14/2014. So Ordered by Chief Magistrate Judge Steven M. Gold on 2/14/2014. (Vasquez, Lea) |
| Filing 108 STATUS REPORT by Bank Of America, N.A., U.S. Bank, as Trustee (Brandofino, Keith) |
| STATUS REPORT ORDER re #107 Status Report filed by U.S. Bank, as Trustee, Bank Of America, N.A.: Counsel shall file an updated status report by 2/13/2014. So Ordered by Chief Magistrate Judge Steven M. Gold on 1/16/2014. (Vasquez, Lea) |
| Filing 107 STATUS REPORT by Bank Of America, N.A., U.S. Bank, as Trustee (Brandofino, Keith) |
| STATUS REPORT ORDER re #106 Status Report filed by U.S. Bank, as Trustee, Bank Of America, N.A.: Counsel shall file an updated status report by 1/15/2014. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/18/2013. (Vasquez, Lea) |
| Filing 106 STATUS REPORT by Bank Of America, N.A., U.S. Bank, as Trustee (Brandofino, Keith) |
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ORDER granting #105 Motion to Adjourn Conference: In light of defendant's letter, the conference scheduled for today is adjourned without date. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/6/2013. (Vasquez, Lea)
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| Filing 105 Letter MOTION to Adjourn Conference by Bank Of America, N.A., U.S. Bank, as Trustee (Brandofino, Keith) Modified on 11/6/2013 (Vasquez, Lea). |
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SCHEDULING ORDER re #104 Letter filed by U.S. Bank, as Trustee, Bank Of America, N.A., #103 Letter: A telephone conference will be held at 11:00 a.m. on November 6, 2013 before the undersigned. Counsel for defendants is directed to arrange the call with all parties as well as immediately confirm this conference date and time with plaintiff's counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/4/2013. (Vasquez, Lea)
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| Filing 104 Letter by Bank Of America, N.A., U.S. Bank, as Trustee (Brandofino, Keith) |
| Filing 103 Letter dated 10/30/13 from Annette Apergis to USMJ Gold, in support of a request for an Order directing the Pltffs and their agents to cease and desist from any demolition of the subject premises and to compel them to provide deft with a final payoff amount for the subject premises. (Galeano, Sonia) |
| Filing 102 STATUS REPORT by Bank Of America, N.A. (Brandofino, Keith) |
| STATUS REPORT ORDER: Updated status report due by 11/15/2013. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/15/2013. (Vasquez, Lea) |
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ORDER granting #101 Motion for Extension of Time to File: Counsel shall submit the schedule by October 15, 2013. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/2/2013. (Vasquez, Lea)
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| Filing 101 MOTION for Extension of Time to File Schedule by Bank Of America, N.A.. (Brandofino, Keith) |
| Filing 100 FINAL JUDGMENT OF FORECLOSURE AND SALE: Plaintiff's motion for final judgment of foreclosure and sale is granted in its entirety. The amount due to Plaintiff under the loan documents that are the subject of this action is $18,071,461.93. See document for further details. Ordered by Chief Mag. Judge Steven M. Gold on 9/24/2013. (Chee, Alvin) |
| Filing 99 Minute Entry for Status Conference held on 9/17/2013 before Chief Magistrate Judge Steven M. Gold: Brandofino for plaintiff; Donovan for defendants Blue Ridge and Sussman; Apergis, defendant pro se. Also present: Receiver Clouden and Referee Irick. By September 30, the receiver and project manager will submit a schedule of steps remaining before demolition is completed and an anticipated time frame for completing each step. (Vasquez, Lea) |
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SCHEDULING ORDER re #98 Status Report filed by Bank Of America, N.A.: An in-person conference will be held at 11:00 a.m. on September 17, 2013 before the undersigned. The receiver, Anthony Clouden, must be present. Counsel for plaintiff is directed to immediately confirm this conference date and time with all parties and notify the Receiver who will not be receiving this electronic Order. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/13/2013. (Vasquez, Lea)
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| Filing 98 STATUS REPORT by Bank Of America, N.A. (Brandofino, Keith) |
| STATUS REPORT ORDER: An updated status report is due by 8/12/2013. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/11/2013. (Vasquez, Lea) |
| Filing 97 STATUS REPORT by Bank Of America, N.A. (Brandofino, Keith) |
| STATUS REPORT ORDER re #96 Status Report filed by Bank Of America, N.A.: Updated status report due by 7/10/2013. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/21/2013. (Vasquez, Lea) |
| Filing 96 STATUS REPORT by Bank Of America, N.A. (Brandofino, Keith) |
| STATUS REPORT ORDER Status Report due by 5/20/2013. The parties shall report on the status of the foreclosure no later than May 20th. Ordered by Chief Magistrate Judge Steven M. Gold on 5/13/2013. (Keefe, Reed) |
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ORDER re Order on Motion for Summary Judgment: SHIRLEY IRICK is appointed as referee from plaintiff's list of eligible persons. Ordered by Chief Magistrate Judge Steven M. Gold on 2/8/2013. (Keefe, Reed)
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ORDER finding as moot #87 Motion for Extension of Time to File Response/Reply: defendants' motion for an extension of time is terminated as moot, as it was previously granted. I also previously granted attorney Sfouggatakis' motion to be relieved as counsel as of the date the final order of judgment was entered (Docket Entry 90). As that Order has been entered, defendants' attorney may withdraw from the case. Ordered by Chief Magistrate Judge Steven M. Gold on 2/8/2013. (Keefe, Reed)
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ORDER granting #83 Motion for Summary Judgment. The proposed order in Docket Entry 95 is hereby entered as an Order of the Court. The Court will now undertake to appoint a referee in this case. Ordered by Chief Magistrate Judge Steven M. Gold on 2/6/2013. (Keefe, Reed)
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| Filing 95 REPLY in Support re #94 Order on Motion for Summary Judgment,, Amended Proposed Judgment of Foreclosure and Sale filed by Bank Of America, N.A.. (Brandofino, Keith) |
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Filing 94
ORDER deferring ruling on #83 Motion for Summary Judgment. Plaintiff shall submit an amended proposed Final Judgment that conforms to the rulings in the attached Order by January 25. The Court construes the parties' prior consent to the undersigned's deciding the summary judgment motion as including the authority to decide the instant motion; however, any objections expressing disagreement on this point shall be filed within 14 days. Absent any such objections, the revised Final Judgment shall then be entered by the Court. Ordered by Chief Magistrate Judge Steven M. Gold on 1/22/2013. (Keefe, Reed)
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| Filing 93 CERTIFICATE OF SERVICE by 3301 Atlantic Avenue, LLC, Annette Apergis re #90 Status Conference,,,, (Sfouggatakis, Andrew) |
| Filing 92 REPLY in Support re #83 MOTION for Summary Judgment /Plaintiff's Motion for Judgment of Foreclosure and Sale /Plaintiff's Memorandum of Law in Further Support filed by U.S. Bank, as Trustee. (Brandofino, Keith) |
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ORDER: plaintiff's facsimile request, to be filed electronically when possible, for an extension of time to file a reply in further support of its motion for a judgment of foreclosure and sale is GRANTED. Plaintiff may file its reply papers by NOVEMBER 7. Ordered by Chief Magistrate Judge Steven M. Gold on 10/31/2012. (Keefe, Reed)
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| Filing 91 RESPONSE in Opposition re #83 MOTION for Summary Judgment /Plaintiff's Motion for Judgment of Foreclosure and Sale filed by 3301 Atlantic Avenue, LLC, Annette Apergis. (Sfouggatakis, Andrew) |
| Filing 90 Minute Entry for Status Conference held on 10/19/2012 before Chief Magistrate Judge Steven M. Gold: Ms. Apergis failed to appear despite the Court's order directing her to do so. For the reasons stated on the record, defendants' counsel's motion to withdraw is GRANTED AS OF THE DATE THE FINAL ORDER OF JUDGMENT IS ENTERED, but not before that date.Defendants may subomit any opposition to the proposed order of judgment by October 26 and plaintiff may respond to any opposition by October 31.If defendant Apergis seeks to put in any opposition that Mr. Sfouggatakis believes that he, as counsel, should not lodge, she may put in that opposition directly, with Mr. Sfouggatakis assisting her with the filing of her submission. If the motion is not opposed, the order will be entered by the Court in the form proposed by the plaintiff.Attorney Sfouggatakis is directed to immediately serve a copy of this Order on defendant Apergis at her last known address and file proof of service with the Court. (Tape #FTR 5:33-5:43.) (Vasquez, Lea) |
| Filing 89 NOTICE of Appearance by Tamara A. Daniels on behalf of All Plaintiffs (aty to be noticed) (Daniels, Tamara) |
| Filing 88 Letter requesting change of time or adjournment of hearing scheduled tomorrow by 3301 Atlantic Avenue, LLC, Annette Apergis (Sfouggatakis, Andrew) |
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SCHEDULING ORDER: re #88 Letter filed by 3301 Atlantic Avenue, LLC, Annette Apergis Status Conference rescheduled for 10/19/2012 05:30 PM in Courtroom 13D South before Chief Magistrate Judge Steven M. Gold. Ms. Apergis' application to appear by telephone is DENIED. Ordered by Chief Magistrate Judge Steven M. Gold on 10/18/2012. (Keefe, Reed)
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| Filing 87 Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's motion for a final judgment of foreclosure AND to be relieved as counsel by 3301 Atlantic Avenue, LLC, Annette Apergis. (Sfouggatakis, Andrew) |
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ORDER deferring ruling on #87 Motion for Extension of Time to File Response/Reply: An in-person conference will be held at 11:30 a.m. on October 19, 2012 before the undersigned in Courtroom 13-D South. Defendant clients represented by attorney Sfouggatakis are to be present in Court along with attorney Sfouggatakis. If no other counsel have a position on the application, their appearance is not required. However, any other counsel seeking to participate may do so either in person or by telephone. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/12/2012. (Vasquez, Lea)
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| Filing 86 Letter by U.S. Bank, as Trustee (Attachments: #1 Printout of eligible referees) (Brandofino, Keith) |
| Filing 85 AFFIDAVIT/DECLARATION in Support re #83 MOTION for Summary Judgment /Plaintiff's Motion for Judgment of Foreclosure and Sale /Declaration of Andrew Hundertmark filed by U.S. Bank, as Trustee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Brandofino, Keith) |
| Filing 84 AFFIDAVIT/DECLARATION in Support re #83 MOTION for Summary Judgment /Plaintiff's Motion for Judgment of Foreclosure and Sale /Affidavit of Keith Brandofino filed by U.S. Bank, as Trustee. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (Part 1 of 3), #3 Exhibit 2 (Part 2 of 3), #4 Exhibit 2 (Part 3 of 3)) (Brandofino, Keith) |
| Filing 83 MOTION for Summary Judgment /Plaintiff's Motion for Judgment of Foreclosure and Sale by U.S. Bank, as Trustee. Responses due by 10/15/2012 (Attachments: #1 Proposed Judgment) (Brandofino, Keith) |
| Filing 82 Letter MOTION to Withdraw #79 Stipulation from Receiving ECF Notifications for Clement J. Farley and Danielle Weslock by Bank Of America, N.A.. (Farley, Clement) |
| Filing 81 Minute Entry for Telephone Conference held on 9/24/2012 before Chief Magistrate Judge Steven M. Gold: Brandofino for plaintiff; Sfouggatakis for defendants 3301 Atlantic and Annette Apergis. The schedule set forth in Docket Entry 78 is hereby adopted. If defendants request a hearing on the motion, they shall so inform the Court in their opposition papers. (Vasquez, Lea) |
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ORDER finding as moot #82 Motion to Withdraw: Counsel were terminated as counsel for plaintiff on September 21, 2012. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/25/2012. (Vasquez, Lea)
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Filing 80
STIPULATION AND ORDER for Substitution of Counsel: The firm of Kilpatrick Townsend & Stockton LLP, is hereby substituted in place and stead of McCarter & English, LLP, as counsel for record for Plaintiff. Ordered by Chief Magistrate Steven M. Gold on 9/19/2012. (Chee, Alvin)
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| Filing 79 STIPULATION [Proposed] Stipulation and Order for Substitution of Counsel by U.S. Bank, as Trustee (Brandofino, Keith) |
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SCHEDULING ORDER re #78 Status Report filed by U.S. Bank, as Trustee: A telephone conference will be held at 4:00 p.m. on September 24, 2012 before the undersigned. Counsel for plaintiff is directed to arrange the call with all parties as well as confirm this conference date and time with defendants' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/18/2012. (Vasquez, Lea)
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| Filing 78 STATUS REPORT Letter by U.S. Bank, as Trustee (Farley, Clement) |
| Filing 77 CERTIFICATE OF SERVICE by Bank Of America, N.A. re: Order Granting Plaintiff's Motion for Summary Judgment and Other Relief (Farley, Clement) |
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ORDER: Electronically endorsing Bank of America's consent #76 form to have MJ Gold decide the pending motions to dismiss #40 and the motion for summary judgment #44 . Ordered by Judge Frederic Block on 9/7/2012. (Innelli, Michael) Modified on 9/8/2012 (Innelli, Michael).
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ORDER granting #44 Motion for Summary Judgment; granting #74 Motion to Stay. All parties having consented to the undersigned's jurisdiction, the previously entered Memorandum and Order and Report and Recommendation (Docket Entry 68) is converted to a Memorandum and Order as to all defendants. Consequently, plaintiff's motion for summary judgment is granted. Further, pursuant to plaintiff's unopposed application, the stay of the case as to defendant Blue Ridge Foods is lifted. Plaintiff's proposed order (Docket Entry 73) is hereby entered as an order of the Court, with the modification that the stay is lifted as to Blue Ridge Foods and summary judgment is entered against that entity. Plaintiff is requested to serve this Order on the defaulting defendants and file proof of service forthwith. Ordered by Chief Magistrate Judge Steven M. Gold on 9/7/2012. (Keefe, Reed) Modified on 9/8/2012 (Gapinski, Michele).
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ORDER. Plaintiff is further ordered to file a letter with the Court by SEPTEMBER 14, describing any future filings it contemplates making in this case in order to gain the relief it seeks, including a schedule for any such actions. Ordered by Chief Magistrate Judge Steven M. Gold on 9/7/2012. (Keefe, Reed)
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| Filing 76 Corporate Disclosure Statement by Bank Of America, N.A., CONSENT to Magistrate Judge Disposition on Motion by Bank Of America, N.A. re #44 MOTION for Summary Judgment (Farley, Clement) |
| Filing 75 CONSENT to Magistrate Judge Disposition on Motion by Marvin Sussman re #44 MOTION for Summary Judgment, #40 Motion to Dismiss. Motion referred to Steven M. Gold. (Chee, Alvin) |
| Filing 74 MOTION to Stay re #73 Notice(Other), //Letter with Proposed Consent Order (Modified to Delete any Stay Relief Against Defendant Blue Ridge) by Bank Of America, N.A.. (Farley, Clement) |
| Filing 73 NOTICE by Bank Of America, N.A. re #68 Order,,,,,, //Proposed Order Granting Motion for Summary Judgment and Other Relief, Denying Obligators' Motion to Dismiss, and Denying BRFI Defendants' Cross-Motion for Surplus Monies (Farley, Clement) |
| Filing 72 CONSENT to Magistrate Judge Disposition on Motion by Marvin Sussman re #44 MOTION for Summary Judgment (Donovan, Joseph) |
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ORDER re #71 Consent to Magistrate Judge Disposition on Motion. In light of the consent of defendants Blue Ridge Farms and Jeffrey and Richard Siegel to the undersigned's disposition of the motions to dismiss and for summary judgment, the previously entered Report and Recommendation (Docket Entry 68) on those motions is converted to a Memorandum and Order as to these defendants. Ordered by Chief Magistrate Judge Steven M. Gold on 7/12/2012. (Keefe, Reed)
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Filing 71
CONSENT to Magistrate Judge Disposition on Motion re #44 MOTION for Summary Judgment, #40 Motion to Dismiss. Motions referred to Steven M. Gold. Ordered by Judge Frederic Block on 7/11/12. (Chee, Alvin)
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| Filing 70 CONSENT to Magistrate Judge Disposition on Motion by Blue Ridge Farms, Inc., Jeffrey Siegel, Richard Siegel re #44 MOTION for Summary Judgment (Weslock, Danielle) |
| Filing 69 CERTIFICATE OF SERVICE by Bank Of America, N.A. re: Memorandum & Order and Report & Recommendation (Farley, Clement) |
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Filing 68
ORDER re #44 MOTION for Summary Judgment filed by Bank Of America, N.A., #40 First MOTION to Dismiss the Amended ComplaintFirst MOTION for Summary Judgment filed by 3301 Atlantic Avenue, LLC, Annette Apergis, #47 Response in Opposition to Motion, filed by Jeffrey Siegel, Blue Ridge Farms, Inc., Richard Siegel. For the reasons stated in this Memorandum and Order and Report and Recommendation, plaintiff's motion for summary judgment is granted as to the obligor defendants 3301 Atlantic and Apergis. I respectfully recommend that plaintiff's motion also be granted as to the remaining appearing defendants, with the exception of stayed defendant Blue Ridge Foods, and that its motion for default judgment be granted as to the defendants who have not appeared. The obligor defendants' motion to dismiss is denied. Finally, I respectfully recommend that the cross-motion by Blue Ridge Farms and Richard and Jeffrey Siegel be denied without prejudice. Any objections to the recommendations made here must be made within fourteen days after service of the Report and, in any event, no later than JULY 19, 2012. Plaintiff shall serve this Memorandum and Order and Report and Recommendation on the defendants who have not appeared and file proof of service with the Court forthwith. Plaintiff shall further submit a proposed order consistent with this Memorandum and Order and Report and Recommendation by JULY 19, 2012. Objections to that proposed order are due JULY 26, 2012. Ordered by Chief Magistrate Judge Steven M. Gold on 6/29/2012. (Keefe, Reed)
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ORDER denying #40 Motion to Dismiss; denying #40 Motion for Summary Judgment. The motion is denied for the reasons stated in the Memorandum and Order and Report and Recommendation of June 29, 2012 (Docket Entry 68). Ordered by Chief Magistrate Judge Steven M. Gold on 6/29/2012. (Keefe, Reed)
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| Filing 67 NOTICE of Appearance by Kevin J. Nash on behalf of Marvin Sussman (notification declined or already on case) (Nash, Kevin) |
| Filing 66 NOTICE of Consent to Change Attorney by Kevin J. Nash Substitution of Attorney (Nash, Kevin) |
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ORDER granting #65 Motion to Stay. Plaintiff's motion to stay the case as to defendant Blue Ridge Foods only is granted as unopposed. Ordered by Chief Magistrate Judge Steven M. Gold on 4/20/2012. (Keefe, Reed)
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| Filing 65 Letter MOTION to Stay Foreclosure Action Against Blue Ridge, but to Continue Against the Remaining Defendants by Bank Of America, N.A.. (Attachments: #1 Exhibit A and B) (Farley, Clement) |
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ORDER re #65 Letter MOTION to Stay Foreclosure Action Against Blue Ridge, but to Continue Against the Remaining Defendants filed by Bank Of America, N.A. Any opposition to plaintiff's motion to stay the foreclosure action against Blue Ridge Foods shall be filed by APRIL 12, 2012. Ordered by Chief Magistrate Judge Steven M. Gold on 3/29/2012. (Keefe, Reed)
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Filing 64
CONSENT to Magistrate Judge Disposition on Motion by 3301 Atlantic Avenue, LLC, Bank Of America, N.A. re #44 MOTION for Summary Judgment, #40 Motion to Dismiss. Motions referred to Steven M. Gold. Ordered by Senior Judge Frederic Block on 3/6/12. (Chee, Alvin)
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| Filing 63 NOTICE by Bank Of America, N.A. re #44 MOTION for Summary Judgment, #40 First MOTION to Dismiss the Amended ComplaintFirst MOTION for Summary Judgment Notice, Consent, & Reference of a Dispositive Motion to Magistrate Judge (Weslock, Danielle) |
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ORDER re #54 Order: While the plaintiff has indicated its consent to a magistrate judge disposition of the two pending motions by letter, see Docket Entry 34, it has not signed the consent form attached to Docket Entry 54. If the plaintiff still so consents, it will sign and file this consent form by the close of business on March 9, 2012. Ordered by Chief Magistrate Judge Steven M. Gold on 3/6/2012. (Keefe, Reed)
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| Filing 62 Letter regarding opposition to Docket Entry 47 by 3301 Atlantic Avenue, LLC, Annette Apergis (Sfouggatakis, Andrew) |
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ORDER re #47 Response in Opposition to Motion, filed by Jeffrey Siegel, Blue Ridge Farms, Inc., Richard Siegel. Defendants Blue Ridge Farms, Inc., Jeffrey Siegel and Richard Siegel seek an order in Docket Entry 47 providing in essence that (i) any amount plaintiff receives in this action in excess of the amount due to it from sale of the property in question be held in escrow pending the outcome of the related Kings County state court case (Blue Ridge Farms, Inc. v. Kontogiannis et al, Index No. 23246/2008); (ii) that any amounts found due to defendants 3301 Atlantic and Annette Apergis from the sale or rental of the property also be placed in escrow pending the outcome of the state court case. Because defendants Blue Ridge Farms and the Siegels did not file this request as a motion and defendants 3301 Atlantic and Apergis have not responded, the Court recognizes the possibility that 3301 Atlantic and Apergis may not have regarded these papers as a motion. As such, defendants 3301 Atlantic and Apergis shall submit any opposition to this cross-motion by DECEMBER 22. Ordered by Chief Magistrate Judge Steven M. Gold on 12/1/2011. (Keefe, Reed)
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| Filing 61 NOTICE of Appearance by Danielle Weslock on behalf of Bank Of America, N.A. (aty to be noticed) (Weslock, Danielle) |
| Filing 60 MOTION for Leave to Appear Pro Hac Vice of Danielle Weslock Filing fee $ 25, receipt number 0207-5110868. by Bank Of America, N.A.. (Attachments: #1 Affidavit of Danielle Weslock, #2 Proposed Order, #3 Certificate of Service) (Farley, Clement) |
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ORDER granting #60 Motion for Leave to Appear Pro Hac Vice of Danielle Weslock by Bank Of America, N.A. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/1/2011. (Vasquez, Lea)
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| Filing 59 BOND of Receiver in the amount of $ 7,500 posted. (Chee, Alvin) |
| Filing 58 Letter [See Docket Entry Nos. 56 & 57]//Revised Proposed Order Appointing a Rent Receiver in Mortgage Foreclosure Action by Bank Of America, N.A. (Farley, Clement) |
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ORDER re #58 Letter filed by Bank Of America, N.A. The proposed Consent Order Appointing a Rent Receiver, Docket Entry 58, is hereby entered as an Order of the Court. Ordered by Chief Magistrate Judge Steven M. Gold on 6/30/2011. (O'Connor, Erin)
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| Minute Entry for Telephone Conference held on 6/27/2011 before Chief Magistrate Judge Steven M. Gold: Farley for plaintiff; Sfouggatakis for 3301 Atlantic Avenue and Apergis; Pashkoff for Blue Ridge Farms and Siegels. Counsel report that the attorney for Blue Ridge Foods and Sussman waives her appearance. (1) The pending Rule 12 and Rule 56 motions are fully submitted. The parties report that they do not seek oral argument. (2) Plaintiff will supplement its motion for appointment of a receiver by addressing the questions raised by the Court today, and submitting a proposed Order calling for a $7,500 undertaking, by July 5. (Vasquez, Lea) |
| Filing 57 Letter on Appointment of Rent Receiver by Bank Of America, N.A. (Farley, Clement) |
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ORDER re #57 Letter filed by Bank Of America, N.A., #56 Letter filed by Bank Of America, N.A.: The application for appointment of Anthony Clouden of LeNac Enterprises as receiver, subject to the terms and conditions set forth in docket entry 56 and as supplemented by docket entry 57, is granted. If counsel seek entry of a formal order, they may submit a revised proposed order that incorporates the additional information in docket entry 57 to be entered by the Court. Ordered by Chief Magistrate Steven M. Gold on 6/29/2011. (Gold, Steven)
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ELECTRONIC ORDER REFERRING: Plaintiff's motion #44 for summary judgment and defendant 3301 Atlantic Avenue & Annette Apergis's motion #40 to dismiss the amended complaint to MJ GOLD to decide. There will be no formal order maield to counsel. Ordered by Senior Judge Frederic Block on 6/23/2011. Motions referred to Steven M. Gold. (Innelli, Michael)
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SCHEDULING ORDER re #56 Letter filed by Bank Of America, N.A.: A telephone conference will be held at 10:30 a.m. on June 27th. Counsel for plaintiff is directed to arrange the call with all parties as well as confirm this conference date and time with defendants' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/22/2011. (Vasquez, Lea)
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| Filing 56 Letter Requesting Appointment of Rent Receiver by Bank Of America, N.A. (Attachments: #1 Proposed Order, #2 Letter from LENAC Enterprises, Inc.) (Farley, Clement) |
| Filing 55 CONSENT to Magistrate Judge Disposition on Motion by 3301 Atlantic Avenue, LLC, Annette Apergis re #44 MOTION for Summary Judgment, #40 First MOTION to Dismiss the Amended ComplaintFirst MOTION for Summary Judgment (Sfouggatakis, Andrew) |
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Filing 54
ORDER: Pursuant to Docket Entries 34 and 35, the parties are directed to complete and electronically file the attached consent form. Ordered by Chief Magistrate Judge Steven M. Gold on 6/20/2011. (O'Connor, Erin)
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| Filing 53 Letter to Hon. Steven M. Gold by Bank Of America, N.A. (Attachments: #1 Attachment (recent court decison)) (Farley, Clement) |
| Filing 52 CERTIFICATE of Counsel re #40 First MOTION to Dismiss the Amended ComplaintFirst MOTION for Summary Judgment, #51 Reply to Response to Motion, by Andrew G. Sfouggatakis on behalf of 3301 Atlantic Avenue, LLC, Annette Apergis (Sfouggatakis, Andrew) |
| Filing 51 REPLY to Response to Motion re #40 First MOTION to Dismiss the Amended ComplaintFirst MOTION for Summary Judgment filed by 3301 Atlantic Avenue, LLC, Annette Apergis. (Attachments: #1 Memorandum in Support Part 2 of Memo of Law) (Sfouggatakis, Andrew) |
| Filing 50 CERTIFICATE of Counsel re #44 MOTION for Summary Judgment, #46 Reply in Support, #45 Reply in Support, #48 Response to Motion by Clement Jude Farley on behalf of Bank Of America, N.A. (Farley, Clement) |
| Filing 49 REPLY in Support re #44 MOTION for Summary Judgment [Reply in support of Cross Motion] filed by Blue Ridge Farms, Inc., Jeffrey Siegel, Richard Siegel. (Farley, Clement) |
| Filing 48 RESPONSE to Motion re #44 MOTION for Summary Judgment [Opposition to Cross Motion] filed by Bank Of America, N.A.. (Farley, Clement) |
| Filing 47 RESPONSE in Opposition re #44 MOTION for Summary Judgment [Cross Motion] filed by Blue Ridge Farms, Inc., Jeffrey Siegel, Richard Siegel. (Attachments: #1 Supplement, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Proposed Order) (Farley, Clement) |
| Filing 46 REPLY in Support re #45 Reply in Support filed by Bank Of America, N.A.. (Attachments: #1 Affidavit in Support, #2 Exhibit, #3 Exhibit) (Farley, Clement) |
| Filing 45 REPLY in Support re #44 MOTION for Summary Judgment filed by Bank Of America, N.A.. (Farley, Clement) |
| Filing 44 MOTION for Summary Judgment by Bank Of America, N.A.. Responses due by 5/3/2011 (Attachments: #1 Supplement, #2 Memorandum in Support, #3 Affidavit in Support, #4 Affidavit in Support, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Proposed Order) (Farley, Clement) |
| Filing 43 MEMORANDUM in Support re #40 First MOTION to Dismiss the Amended ComplaintFirst MOTION for Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment filed by 3301 Atlantic Avenue, LLC, Annette Apergis. (Attachments: #1 Memorandum in Support and in Opposition Part 2, #2 Memorandum in Support and in Opposition Part 3) (Sfouggatakis, Andrew) |
| Filing 42 DECLARATION re #40 First MOTION to Dismiss the Amended ComplaintFirst MOTION for Summary Judgment Counter Statement of Facts by 3301 Atlantic Avenue, LLC, Annette Apergis (Sfouggatakis, Andrew) |
| Filing 41 AFFIDAVIT/AFFIRMATION re #40 First MOTION to Dismiss the Amended ComplaintFirst MOTION for Summary Judgment by 3301 Atlantic Avenue, LLC, Annette Apergis (Attachments: #1 Exhibit A, #2 Exhibit B Part 1, #3 Exhibit B Part 2, #4 Exhibit C Part 1, #5 Exhibit C Part 2) (Sfouggatakis, Andrew) |
| Filing 40 First MOTION to Dismiss the Amended Complaint, First MOTION for Summary Judgment by 3301 Atlantic Avenue, LLC, Annette Apergis. Responses due by 5/24/2011 (Sfouggatakis, Andrew) |
| Filing 39 REPLY in Support of request for extension of time filed by 3301 Atlantic Avenue, LLC, Annette Apergis. (Sfouggatakis, Andrew) |
| Filing 38 RESPONSE to Motion re #37 Letter MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Summary Judgment and to file its own dispostive motion filed by Bank Of America, N.A.. (Attachments: #1 Enclosure 1, #2 Enclosure 2) (Farley, Clement) |
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ORDER granting #37 Motion for Extension of Time to File Response/Reply: The proposed revised scheduling Order is approved and hereby entered as an Order of the Court. Defendants time to file an opposition is extended to May 3rd, plaintiffs reply is due May 24th. Counsel are expected to work more amicably towards achieving resolutions in disputes and refrain from including personal attacks on the character of opposing counsel when submitting applications to the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/14/2011. (Vasquez, Lea)
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| Filing 37 Letter MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Summary Judgment and to file its own dispostive motion by 3301 Atlantic Avenue, LLC, Annette Apergis. (Sfouggatakis, Andrew) |
| Filing 36 TRANSCRIPT of Proceedings held on March 15, 2011, before Judge Gold. Court Transcriber TypeWrite Word processing Service, Telephone number (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/11/2011. Redacted Transcript Deadline set for 4/21/2011. Release of Transcript Restriction set for 6/20/2011. (Rocco, Christine) |
| Minute Entry for Pre Motion Conference held on 3/15/2011 before Chief Magistrate Steven M. Gold: Farley for plaintiff Bank of America; Sfouggatakis for defendants 3301 Atlantic and Apergis; Pashkoff for defendants Blue Ridge Farms and Jeffrey and RIchard Siegel; Thompson, by telephone, for Blue Ridge Foods and Sussman. Plaintiff may file its anticipated motion for summary judgment by March 29. Opposition and any cross-motions will be filed by April 19. Plaintiff's reply and opposition to the cross-motions will be filed by May 6. Replies on the cross-motions are due May 16. Any party seeking oral argument shall file a letter so indicating at or before the time the motions are fully briefed. (Tape #FTR 3:59-4:36.) (Vasquez, Lea) |
| Minute Entry for Telephone Conference held on 3/8/2011 before Chief Magistrate Judge Steven M. Gold: Farley for plaintiff; Sfouggatakis for 3301 Atlantic Ave et al; Pashkoff for Blue Ridhe Farms et al.; Thompson for Blue Ridge Foods et al. THE COURT WILL HOLD A PRE-MOTION CONFERENCE AT 4:00 PM ON MARCH 15, 2011. Counsel shall be prepared to describe all anticipated motions and to set a schedule for briefing them. (Vasquez, Lea) |
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SCHEDULING ORDER re #34 Letter filed by Bank Of America, N.A.: A telephone conference to set a briefing schedule will be held at 10:30 a.m. on March 8, 2011. Counsel for plaintiff is directed to arrange the call with all parties. So Ordered by Chief Magistrate Judge Steven M. Gold on 2/28/2011. (Vasquez, Lea)
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| Filing 35 Letter response to Plaintiffs' request to waive a pre-motion conference by 3301 Atlantic Avenue, LLC, Annette Apergis (Sfouggatakis, Andrew) |
| Clerk's ENTRY OF DEFAULT as to June Siegel Motions terminated: #33 MOTION for Entry of Default //Request for Entry of Default of June Siegel, Individually and As Representative of the Seymour Siegel Estate filed by Bank Of America, N.A.. (Hamilton, Janet) |
| Filing 34 Letter Pre-motion by Bank Of America, N.A. (Farley, Clement) |
| Filing 33 MOTION for Entry of Default //Request for Entry of Default of June Siegel, Individually and As Representative of the Seymour Siegel Estate by Bank Of America, N.A.. (Attachments: #1 Certification of Clement J. Farley) (Farley, Clement) |
| Filing 32 ANSWER to #10 Amended Complaint, by Blue Ridge Foods, LLC, Marvin Sussman. (Thompson, Donna) |
| Minute Entry for Initial Conference Hearing held on 2/15/2011 before Chief Magistrate Judge Steven M. Gold: Farley for plaintiff; Sfouggatakis for 3301 Atlantic Avenue and Apergis (the bulding owner and personal guarantor); Thompson for Sussman and Blue Ridge. Plaintiff states that it intends to seek summary judgment, and none of the appearing defendants object to a short schedule for it to do so. Plaintiff will submit a premotion conference application to Judge Block -- or, with the consent of all parties in writing, to me -- in anticipation of moving for summary judgment by March 1. (Vasquez, Lea) |
| Filing 31 ANSWER to #10 Amended Complaint, With Cross-Claims, CROSSCLAIM against 3301 Atlantic Avenue, LLC by Blue Ridge Farms, Inc.. (Pashkoff, Lisa) |
| Filing 30 MOTION for Leave to Appear Pro Hac Vice Counsel by Donna L. Thompson Filing fee $ 25, receipt number 0207-4621770. by Blue Ridge Foods, LLC, Marvin Sussman. (Attachments: #1 Affidavit in support of Motion to appear Pro Hac Vice, #2 Exhibit A to Pro Hac Vice Motion (Good Standing Certs), #3 Proposed Order) (Thompson, Donna) |
| Filing 29 Letter by Blue Ridge Foods, LLC, Marvin Sussman (Thompson, Donna) |
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ORDER re #29 Letter filed by Marvin Sussman, Blue Ridge Foods, LLC: Counsel for Blue Ridge Foods and Marvin Sussman is permitted to appear by phone for the conference scheduled for February 15th. Counsel is directed to promptly contact the Court at 11:00 a.m. So Ordered by Chief Magistrate Judge Steven M. Gold on 2/14/2011. (Vasquez, Lea)
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ORDER granting #30 Motion for Leave to Appear Pro Hac Vice: So Ordered by Chief Magistrate Judge Steven M. Gold on 2/14/2011. (Vasquez, Lea)
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| Filing 28 STIPULATION Vacating Default by Blue Ridge Farms, Inc. (Pashkoff, Lisa) |
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ORDER: Electronically endorsing the stipulation #28 of the parties vacating the default judgment as to defendants Blue Ridge Farms, Inc.; Jeffrey Siegel and Richard Siegel and agreeing to serve and ECF file an answer by February 14, 2011. There will be no formal order mailed to counsel. Ordered by Senior Judge Frederic Block on 2/11/2011. (Innelli, Michael)
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| Filing 27 ANSWER to #10 Amended Complaint, by 3301 Atlantic Avenue, LLC, Annette Apergis. (Sfouggatakis, Andrew) |
| Filing 26 NOTICE of Appearance by Andrew G. Sfouggatakis on behalf of 3301 Atlantic Avenue, LLC, Annette Apergis (aty to be noticed) (Sfouggatakis, Andrew) |
| Clerk's ENTRY OF DEFAULT as to Blue Ridge Farms, Inc., East Coast Petroleum, Inc., New York City Environmental Control Board, Jeffrey Siegel, Richard Siegel Motions terminated: #25 MOTION for Entry of Default //Request for Entry of Default as to Certain Defendants filed by Bank Of America, N.A.. (Hamilton, Janet) |
| Filing 25 MOTION for Entry of Default //Request for Entry of Default as to Certain Defendants by Bank Of America, N.A.. (Attachments: #1 Declaration //Certification of Clement J. Farley in Support Thereof, With Exhibits) (Farley, Clement) |
| Filing 24 SUMMONS Returned Executed by Bank Of America, N.A.. Richard Siegel served on 12/21/2010, answer due 1/11/2011. (Farley, Clement) |
| Filing 23 SUMMONS Returned Executed by Bank Of America, N.A.. East Coast Petroleum, Inc. served on 12/20/2010, answer due 1/10/2011. (Farley, Clement) |
| Filing 22 SUMMONS Returned Executed by Bank Of America, N.A.. Jeffrey Siegel served on 12/20/2010, answer due 1/10/2011. (Farley, Clement) |
| Filing 21 SUMMONS Returned Executed by Bank Of America, N.A.. Blue Ridge Farms, Inc. served on 12/20/2010, answer due 1/10/2011. (Farley, Clement) |
| Filing 20 SUMMONS Returned Executed by Bank Of America, N.A.. New York City Environmental Control Board served on 12/20/2010, answer due 1/10/2011. (Farley, Clement) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Bank Of America, N.A.. Annette Apergis waiver sent on 12/17/2010, answer due 2/15/2011. (Farley, Clement) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Bank Of America, N.A.. 3301 Atlantic Avenue, LLC waiver sent on 12/17/2010, answer due 2/15/2011. (Farley, Clement) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Bank Of America, N.A.. Blue Ridge Foods, LLC waiver sent on 12/20/2010, answer due 2/18/2011. (Farley, Clement) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Bank Of America, N.A.. Marvin Sussman waiver sent on 12/20/2010, answer due 2/18/2011. (Farley, Clement) |
| Filing 15 NOTICE of Appearance by Michael Harold Maizes on behalf of June Siegel (aty to be noticed) (Maizes, Michael) |
| Filing 14 NOTICE of Appearance by Michael Harold Maizes on behalf of c/o June Siegel Representative of the Estate of Seymour Siegel (aty to be noticed) (Maizes, Michael) |
| Filing 13 WAIVER OF SERVICE Returned Executed by c/o June Siegel Representative of the Estate of Seymour Siegel. c/o June Siegel Representative of the Estate of Seymour Siegel waiver sent on 12/17/2010, answer due 2/15/2011. (Maizes, Michael) |
| Filing 12 WAIVER OF SERVICE Returned Executed by June Siegel. June Siegel waiver sent on 12/17/2010, answer due 2/15/2011. (Maizes, Michael) |
| Filing 11 EXHIBIT (Amended) A-C to Amended Complaint by Bank Of America, N.A.. Related document: #10 Amended Complaint, filed by Bank Of America, N.A.. (Attachments: #1 Amended Exhibit D (part 1) to Amended Complaint, #2 Amended Exhibit D (part 2) to Amended Complaint, #3 Amended Exhibits E-G to Amended Complaint, #4 Amended Exhibits H-K to Amended Complaint, #5 Amended Exhibits L-O to Amended Complaint) (Farley, Clement) |
| Filing 10 AMENDED COMPLAINT against 3301 Atlantic Avenue, LLC, ABC Corps. 1-10, Annette Apergis, Blue Ridge Farms, Inc., Blue Ridge Foods, LLC, East Coast Petroleum, Inc., John and Jane Does 1-10, New York City Environmental Control Board, Jeffrey Siegel, Richard Siegel, Marvin Sussman, June Siegel, c/o June Siegel Representative of the Estate of Seymour Siegel, filed by Bank Of America, N.A.. (Attachments: #1 Exhibit A to O (Part 1), #2 Exhibit A to O (Part 2)) (Farley, Clement) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Bank Of America, N.A.. Marvin Sussman waiver sent on 11/12/2010, answer due 1/11/2011. (Farley, Clement) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Bank Of America, N.A.. Blue Ridge Foods, LLC waiver sent on 11/12/2010, answer due 1/11/2011. (Farley, Clement) |
| Filing 7 SUMMONS Returned Executed by Bank Of America, N.A.. Blue Ridge Farms, Inc. served on 11/15/2010, answer due 12/6/2010. (Farley, Clement) |
| Filing 6 SUMMONS Returned Executed by Bank Of America, N.A.. East Coast Petroleum, Inc. served on 11/15/2010, answer due 12/6/2010. (Farley, Clement) |
| Filing 5 SUMMONS Returned Executed by Bank Of America, N.A.. New York City Environmental Control Board served on 11/19/2010, answer due 12/10/2010. (Farley, Clement) |
| Filing 4 SUMMONS Returned Executed by Bank Of America, N.A.. Jeffrey Siegel served on 11/18/2010, answer due 12/9/2010. (Farley, Clement) |
| Filing 3 SUMMONS Returned Executed by Bank Of America, N.A.. Richard Siegel served on 11/15/2010, answer due 12/6/2010. (Farley, Clement) |
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Filing 2
SCHEDULING ORDER: An in-person initial conference will be held at 11:00 a.m. on February 15, 2011 in Courtroomm 13-D South. Counsel are directed to refer to and comply with the attached Order. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/24/2010. (Attachments: #1 Chambers Individual Rules) (Vasquez, Lea)
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| Filing 1 COMPLAINT against 3301 Atlantic Avenue, LLC, ABC Corps. 1-10, Annette Apergis, Blue Ridge Farms, Inc., Blue Ridge Foods, LLC, East Coast Petroleum, Inc., John and Jane Does 1-10, New York City Environmental Control Board, Jeffrey Siegel, Richard Siegel, Marvin Sussman Disclosure Statement on Civil Cover Sheet completed -No,, filed by Bank Of America, N.A.. (Attachments: #1 Civil Cover Sheet, #2 Notice of Pendency)Exhibit filed in hardcopy (Davis, Kimberly) |
| Summons Issued as to 3301 Atlantic Avenue, LLC, ABC Corps. 1-10, Annette Apergis, Blue Ridge Farms, Inc., Blue Ridge Foods, LLC, East Coast Petroleum, Inc., John and Jane Does 1-10, New York City Environmental Control Board, Jeffrey Siegel, Richard Siegel, Marvin Sussman. (Davis, Kimberly) |
| FILING FEE: $ 350.00, receipt number 4653021970 (Davis, Kimberly) |
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