U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11 et al v. 172 Street LLC et al
| U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securitiesm, Inc. Multifamily Mortgage Pass-Through Certificatesm Series 2016-SB11 and U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11 |
| John Doe No. I Through John Doe No. XXX, 172 Street LLC, Ben Kaftari and The City of New York Environmental Control Board |
| 1:2022cv02892 |
| May 17, 2022 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Peggy Kuo |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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Filing 19
ORDER: Plaintiff's #18 Motion for Hearing is granted. A motion hearing on #11 Motion to Appoint Receiver/Referee is scheduled for July 19, 2022 at 9:30 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Plaintiff is directed to serve a copy of the attached Scheduling Order on Defendants. Ordered by Magistrate Judge Peggy Kuo on 7/8/2022. (Gus, Lindsay)
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| Filing 18 Letter MOTION for Hearing on Plaintiff's Motion for Receiver (ECF Doc. 11) by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11. (Attachments: #1 Affidavit of Service) (King, Robert) |
| Filing 17 SUMMONS Returned Executed by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11. Ben Kaftari served on 6/13/2022, answer due 7/4/2022. (King, Robert) |
| Filing 16 SUMMONS Returned Executed by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11. 172 Street LLC served on 6/13/2022, answer due 7/4/2022. (King, Robert) |
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ELECTRONIC ORDER: Referring plaintiff's motion #11 to appoint a receiver to MJ KUO to decide. Ordered by Judge Frederic Block on 6/21/2022. (Innelli, Michael)
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ORDER: The parties are reminded that, pursuant to Judge Kuo's Individual Practice Rules (I)(A-B), the parties are not to call Chambers except in the event of an emergency. Any request to take action in this case must be in writing and filed on the docket. Ordered by Magistrate Judge Peggy Kuo on 6/21/2022. (O'Neil-Berven, Ryan)
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| Filing 15 AFFIDAVIT of Service for Notice of Motion for the Appointment of a Receiver served on Defendants on June 3, 2022, filed by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11. (Attachments: #1 Supplement Certification of Compliance) (King, Robert) |
| Filing 14 AFFIDAVIT/DECLARATION in Support re #11 MOTION to Appoint Appoint Receiver/Referee filed by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11. (Attachments: #1 Exhibit Ex. 1 Loan Agreement, #2 Exhibit Ex. 2 Note, #3 Exhibit Ex. 3 Mortgage, #4 Exhibit Ex. 4 Assignments) (King, Robert) |
| Filing 13 AFFIDAVIT/DECLARATION in Support re #11 MOTION to Appoint Appoint Receiver/Referee filed by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11. (Attachments: #1 Exhibit Ex. A Complaint with Exhibits, #2 Exhibit Ex. B List of Receiverships, #3 Exhibit Ex. C Proposed Receivership Order) (King, Robert) |
| Filing 12 MEMORANDUM in Support re #11 MOTION to Appoint Appoint Receiver/Referee filed by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11. (King, Robert) |
| Filing 11 MOTION to Appoint Appoint Receiver/Referee by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11. (King, Robert) |
| Filing 10 SUMMONS Returned Executed by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11. The City of New York Environmental Control Board served on 5/26/2022, answer due 6/16/2022. (King, Robert) |
| Filing 9 SUMMONS Returned Executed by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11. John Doe No. I Through John Doe No. XXX served on 5/20/2022, answer due 6/10/2022. (King, Robert) |
| Filing 8 NOTICE of Lis Pendens by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11 (King, Robert) |
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Filing 7
SCHEDULING ORDER: An Initial Conference will be held in this case on August 18, 2022 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. By August 12, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 5/19/2022. (O'Neil-Berven, Ryan)
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| Filing 6 Summons Issued as to 172 Street LLC, John Doe No. I Through John Doe No. XXX, Ben Kaftari and The City of New York Environmental Control Board. (Innelli, Michael) |
| Filing 5 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint,,, by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11 (Attachments: #1 Civil Cover Sheet) (King, Robert) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 3 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) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint,, by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11 (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (King, Robert) |
| Filing 1 COMPLAINT against 172 Street LLC, "John Doe No. I Through John Doe No. XXX," Ben Kaftari, The City of New York Environmental Control Board filing fee $ 402, receipt number ANYEDC-15575802 Was the Disclosure Statement on Civil Cover Sheet completed -NO, filed by U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Notice to Tenants of Building in Foreclosure, #8 Corporate Disclosure Statement) (King, Robert) Modified. (Latka-Mucha, Wieslawa) |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the One (1)Proposed Summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Case Assigned to Judge Frederic Block 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) |
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| Plaintiff: U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securitiesm, Inc. Multifamily Mortgage Pass-Through Certificatesm Series 2016-SB11 | |
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| Plaintiff: U.S. Bank National Association, As Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc. Multifamily Mortgage Pass-Through Certificates Series 2016-SB11 | |
| Represented By: | Robert Harold King |
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| Defendant: John Doe No. I Through John Doe No. XXX | |
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| Defendant: 172 Street LLC | |
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| Defendant: Ben Kaftari | |
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| Defendant: The City of New York Environmental Control Board | |
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