Wilmington Trust, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB67 v. 1738 East 4th Street LLC et al
| Wilmington Trust, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB67 |
| 1738 East 4th Street LLC, Elie Sabbagh, The City of New York Environmental Control Board and John Doe No. I through John Doe No. XXX |
| 1:2023cv01270 |
| February 16, 2023 |
| US District Court for the Eastern District of New York |
| Nicholas G Garaufis |
| Robert M Levy |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
Docket Report
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ORDER granting #11 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 3/23/2023. (JM)
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| Filing 11 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16525451. by Wilmington Trust, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB67. (Attachments: #1 Affidavit in Support) (Jackson, Aaron) |
| Filing 10 CERTIFICATE OF SERVICE by Wilmington Trust, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB67 re #9 MOTION to Appoint Appoint Receiver/Referee (Davis, Aaron) |
| Filing 9 MOTION to Appoint Appoint Receiver/Referee by Wilmington Trust, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB67. (Attachments: #1 Memorandum in Support of Motion to Appoint Receiver, #2 Declaration of Aaron P. Davis in Support of Lender's Motion to Appoint a Receiver, #3 Exhibit A to Davis Declaration - Complaint, #4 Exhibit B to Davis Declaration - Proposed Order for Appointment of Receiver, #5 Declaration of Sebastian Esteve in Support of Plaintiff's Motion to Appoint Receiver, #6 Exhibit A to Esteve Declaration - Loan Agreement, #7 Exhibit B to Esteve Declaration - Note, #8 Exhibit C to Esteve Declaration - Mortgage, #9 Exhibit D to Esteve Declaration - Assignment, #10 Exhibit E to Esteve Declaration - Guaranty, #11 Exhibit F to Esteve Declaration - Default Notice, #12 Exhibit G to Esteve Declaration - Acceleration Notice, #13 Exhibit H to Esteve Declaration - Lagowitz Curriculum Vitae, #14 Exhibit I to Esteve Declaration - Trigild Receivership Proposal) (Davis, Aaron) |
| Filing 8 SUMMONS Returned Executed by Wilmington Trust, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB67. The City of New York Environmental Control Board served on 2/28/2023, answer due 3/21/2023. (Davis, Aaron) |
| Filing 7 SUMMONS Returned Executed by Wilmington Trust, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB67. Elie Sabbagh served on 3/13/2023, answer due 4/3/2023. (Davis, Aaron) |
| Filing 6 SUMMONS Returned Executed by Wilmington Trust, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB67. 1738 East 4th Street LLC served on 3/2/2023, answer due 3/23/2023. (Davis, Aaron) |
| Filing 5 Summons Issued as to 1738 East 4th Street LLC, Elie Sabbagh, The City of New York Environmental Control Board. (KD) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Robert M. Levy. 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. (KD) |
| Filing 2 Corporate Disclosure Statement by Wilmington Trust, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB67 identifying Corporate Parent M&T Bank for Wilmington Trust, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB67. (Davis, Aaron) |
| Filing 1 COMPLAINT for Mortgage Foreclosure against All Defendants filing fee $ 402, receipt number ANYEDC-16417720 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Wilmington Trust, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB67. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A - Loan Agreement, #4 Exhibit B - Note with Allonge, #5 Exhibit C - Mortgage, #6 Exhibit D - Assignment, #7 Exhibit E - Guaranty, #8 Exhibit F - Default Notice, #9 Exhibit G - Acceleration Notice) (Davis, Aaron) |
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| Plaintiff: Wilmington Trust, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB67 | |
| Represented By: | Aaron P. Davis |
| Represented By: | Aaron C Jackson |
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| Defendant: 1738 East 4th Street LLC | |
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| Defendant: Elie Sabbagh | |
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| Defendant: The City of New York Environmental Control Board | |
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| Defendant: John Doe No. I through John Doe No. XXX | |
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