Wilmington Trust, National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB60, act et al v. 358 Atlantic Realty LLC et al
| Wilmington Trust, National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB60, act |
| 358 Atlantic Realty LLC and Mobrownstone Realty LLC |
| Mohamed B. Mohamed |
| 1:2021cv00168 |
| January 12, 2021 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Peggy Kuo |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
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Filing 10
ORDER TO SHOW CAUSE FOR APPOINTMENT OF RECEIVER -- The above-named Defendants are ORDERED to appear and show cause on the 31st day of March, 2021 at 11:00 a.m., via teleconference, as to why Gregory A. Gilfoil should not be appointed receiver over Borrowers' Assets; and as further set forth in this Order. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. SEE ATTACHED ORDER. Ordered by Judge Diane Gujarati on 3/4/2021. (Almonte, Kelly)
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| Filing 9 Unsigned Order to Show Cause by Wilmington Trust, National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB60, act (Attachments: #1 Declaration Posner Declaration, #2 Exhibit 1 (Complaint), #3 Exhibit 2 (Proposed Order Appointing Receiver), #4 Declaration Goostree Declaration, #5 Exhibit 1 (Loan Agreement), #6 Exhibit 2 (Note with Allonges), #7 Exhibit 3 (CEMA), #8 Exhibit 4 (Guaranty), #9 Exhibit 5 (First Assignment of Mortgage), #10 Exhibit 6 (Second Assignment of Mortgage), #11 Exhibit 7 (Default Notice), #12 Exhibit 8 (Notice of Acceleration), #13 Exhibit 9 (Emails), #14 Declaration Gilfoil Declaration, #15 Exhibit 1 (CSG Brochure), #16 Exhibit 2 (Gilfoil CV), #17 Memorandum in Support) (Posner, David) |
| Filing 8 NOTICE of Appearance by David Merrill Posner on behalf of Wilmington Trust, National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB60, act (aty to be noticed) (Posner, David) |
| Case Reassigned to Judge Diane Gujarati. Judge LaShann DeArcy Hall no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
| Filing 7 SUMMONS Returned Executed by Wilmington Trust, National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB60, act. Mohamed B. Mohamed served on 2/4/2021, answer due 2/25/2021. (Galati, Richard) |
| Filing 6 SUMMONS Returned Executed by Wilmington Trust, National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB60, act. Mobrownstone Realty LLC served on 1/21/2021, answer due 2/11/2021. (Galati, Richard) |
| Filing 5 SUMMONS Returned Executed by Wilmington Trust, National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB60, act. 358 Atlantic Realty LLC served on 1/21/2021, answer due 2/11/2021. (Galati, Richard) |
| Filing 4 Summons Issued as to 358 Atlantic Realty LLC, Mobrownstone Realty LLC, Mohamed B. Mohamed. (Attachments: #1 Summons, #2 Summons) (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 1 COMPLAINT against 358 Atlantic Realty LLC, Mobrownstone Realty LLC, Mohamed B. Mohamed Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Wilmington Trust, National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB60, act. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet, #9 Proposed Summons, #10 Proposed Summons, #11 Proposed Summons, #12 Rule 7.1 Statement) (Galati, Richard) |
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| Defendant: 358 Atlantic Realty LLC | |
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| Defendant: Mobrownstone Realty LLC | |
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| Debtor: Mohamed B. Mohamed | |
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| Plaintiff: Wilmington Trust, National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB60, act | |
| Represented By: | Richard John Galati, Jr. |
| Represented By: | David Merrill Posner |
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