Acropolis Gardens Realty Corp. et al v. Signature Bank et al
| Acropolis Gardens Realty Corp. and Acropolis Holdings, LLC |
| Signature Bank, Kevin J. Hardiman and Federal Deposit Insurance Corporation as Receiver for Signature Bank |
| 1:2023cv02365 |
| March 28, 2023 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Lois Bloom |
| Banks and Banking |
| 12 U.S.C. § 1819 Default of Promissory Note |
| None |
Docket Report
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This docket was last retrieved on May 19, 2023. A more recent docket listing may be available from PACER.
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Filing 24
STIPULATION AND ORDER: By and between Plaintiffs, the FDIC-Receiver, and Hardiman that: 1) Plaintiffs withdraw their anticipated motion to remand this action to State Court; 2) Plaintiffs agree that the FDIC-Receivers Notice of Substitution filed in the State Court was effective in substituting the FDIC-Receiver into this case for Signature Bank as of March 27, 2023; 3) This Court is not bound by any findings of fact or law made by the State Court as set forth in the Prior Order; 4) This action is stayed until August 17, 2023, pursuant to 12 U.S.C. 1821(d)(12)(B), without prejudice to the FDIC-Receivers right to seek a further stay; 5) A status conference with the Court is to be set on a date convenient for the Court and counsel for all parties on or as soon as possible after August 17, 2023, at which the parties will inform the Court as to the status of Plaintiffs exhaustion of their administrative remedies with the FDIC; 6) The stay shall not preclude Plaintiffs from discontinuing any claims against any defendants during the pendency of the stay. Should Plaintiffs discontinue all claims against Signature Bank (as represented by the FDIC-Receiver) during the pendency of the stay, the stay will terminate, and Plaintiffs or Hardiman may request an earlier conference with the Court and 7) The FDIC-Receiver reserves its right to make a motion for transfer of this action to the United States District Court for the Southern District of New York, on the same grounds as to which Signature Bank and Hardiman previously moved or other grounds, after the expiration or termination of the stay set forth herein. The parties agree that should this action be transferred, no party will assert that the transferee court is bound by any findings of fact or law made by the State Court as set forth in the Prior Order. Ordered by Judge Frederic Block on 5/19/2023. (MI)
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| Filing 23 STIPULATION re Order Staying Case,,, Pre Motion Conference,, #8 Affidavit in Support of Motion, #17 Affidavit in Opposition to Motion, #7 Memorandum in Support, #20 Response to Motion, #16 Memorandum in Opposition, #6 MOTION to Stay Stipulation and [Proposed] Order resolving Plaintiffs' anticipated motion to remand this action to State Court, and FDIC-Receiver's pending motion for stay by Acropolis Gardens Realty Corp., Acropolis Holdings, LLC (Sloan, Michael) |
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ELECTRONIC ORDER: The electronic referral order to MJ Bloom dated March 31, 2023 is vacated. See entry #24 a stipulation by all the parties. Ordered by Judge Frederic Block on 5/19/2023. (MI)
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SCHEDULING ORDER: Per the parties stipulation #24 an in person conference is scheduled for September 6, 2023 @ 2:30 pm to inform the Court as to the status of Plaintiff's exhaustion of their administrative remedies with the FDIC. Upon receipt of this email counsel shall confirm with each other the date and time of this in person conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person conference and then file a letter application. Ordered by Judge Frederic Block on 5/19/2023. (MI)
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| Set/Reset Hearings: In Person Conference set for 9/6/2023 02:30 PM before Judge Frederic Block. (MI) |
| Filing 22 NOTICE of Appearance by Mitra Singh on behalf of Kevin J. Hardiman (aty to be noticed) (Singh, Mitra) |
| Minute Entry for proceedings held before Judge Frederic Block: Michael Sloan, Esq. & Milton Otto, Esq. for the plaintiff; John Orsini, Esq. for defendant FDIC and Victor Matthews, Esq. for defendant Hardiman, all present. Pre-motion conference held on 5/11/2023. Plaintiffs anticipated motion to remand back to State Court was discussed. Within 1 week counsel will submit a proposed order regarding what was discussed at this conference and the pending motion to stay. (Court Reporter: Not Reported) (MI) |
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Filing 21
SCHEDULING ORDER: Plaintiff's letter application #19 is GRANTED. An in person pre motion conference is scheduled for May 11, 2023 @ 4:00PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 4/28/2023. (MI)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 5/11/2023 04:00 PM before Judge Frederic Block. (MI) |
| Filing 20 RESPONSE to Motion re #19 Letter MOTION for pre motion conference for a motion to remand to New York Supreme Court, Queens County for lack of federal subject matter jurisdiction, pursuant to 28 U.S.C. 1447(c) filed by Federal Deposit Insurance Corporation as Receiver for Signature Bank. (Attachments: #1 Exhibit A - Docket Order from Rise Development Partners, LLC, et al. v. Signature Bank, et al., No. 1:23-cv-02433-BMC (Cogan, J.)) (Orsini, John) |
| Filing 19 Letter MOTION for pre motion conference for a motion to remand to New York Supreme Court, Queens County for lack of federal subject matter jurisdiction, pursuant to 28 U.S.C. 1447(c) by Acropolis Gardens Realty Corp., Acropolis Holdings, LLC. (Meister, Stephen) |
| Filing 18 Letter to Judge Bloom re: the parties' agreed-upon briefing schedule by Federal Deposit Insurance Corporation as Receiver for Signature Bank (Kelley, Jamuna) |
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ELECTRONIC ORDER: The FDIC's motion #6 to stay was referred to MJ Bloom to decide. Any dispositive motions will be decided by J. Block, such as a motion to remand. Before serving and filing a dispositive motion counsel must first request a pre-motion conference before J. Block. J. Block's motion rules can be located on the Court's website. Ordered by Judge Frederic Block on 4/20/2023. (MI)
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| Motions terminated, docketed incorrectly: #13 Cross MOTION to Remand to State Court. PRIOR TO SERVING AND FILING A DISPOSITIVE MOTION COUNSEL MUST REQUEST A PRE-MOTION CONFERENCE BEFORE J. BLOCK. J. BLOCK'S MOTION RULES ARE LOCATED ON THE COURT'S WEBSITE. (MI) |
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ORDER: Defendant FDIC removed this action on March 28, 2023 and moves to stay all proceedings pending the completion of plaintiffs' claims process under the Financial Institutions Reform, Recovery and Enforcement Act ("FIRREA"). ECF No. #6 . Plaintiffs oppose the motion and cross-move for a "limited remand" to state court. ECF No. #13 . However, plaintiffs' motion was terminated for failure to request a pre-motion conference before Judge Block. ECF Order dated April 20, 2023. Any request for a pre-motion conference shall be filed by April 24, 2023 in accordance with Judge Block's Individual Rules. The Court grants a limited stay of this action pending a pre-motion conference request for plaintiffs' anticipated motion to remand and a determination of the motion. Ordered by Magistrate Judge Lois Bloom on 4/20/2023. (EW)
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| Filing 17 AFFIDAVIT/DECLARATION in Opposition re #6 MOTION to Stay and in Support of Cross-Motion For a Limited Remand filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (part 1), #4 Exhibit 3 (part 2), #5 Exhibit 3 (part 3), #6 Exhibit 3 (part 4), #7 Exhibit 3 (part 5), #8 Exhibit 3 (part 6), #9 Exhibit 4) (Otto, Milton) |
| Filing 16 MEMORANDUM in Opposition re #6 MOTION to Stay and in Support of Cross-Motion for Limited Remand filed by All Plaintiffs. (Otto, Milton) |
| Filing 15 AFFIDAVIT/DECLARATION in Support re #13 Cross MOTION to Remand to State Court Declaration of Milton E. Otto filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (part 1), #4 Exhibit 3 (part 2), #5 Exhibit 3 (part 3), #6 Exhibit 3 (part 4), #7 Exhibit 3 (part 5), #8 Exhibit 3 (part 6), #9 Exhibit 4) (Otto, Milton) |
| Filing 14 MEMORANDUM in Support re #13 Cross MOTION to Remand to State Court filed by All Plaintiffs. (Otto, Milton) |
| Filing 13 Cross MOTION to Remand to State Court by Acropolis Gardens Realty Corp., Acropolis Holdings, LLC. (Otto, Milton) |
| Filing 12 CERTIFICATE OF SERVICE by Federal Deposit Insurance Corporation as Receiver for Signature Bank (Kelley, Jamuna) |
| Filing 11 CERTIFICATE OF SERVICE by Federal Deposit Insurance Corporation as Receiver for Signature Bank re #1 Notice of Removal,, (Orsini, John) |
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ORDER: Defendant Federal Deposit Insurance Corporation ("FDIC") moves to stay this removal action pursuant to the Financial Institutions Reform, Recovery and Enforcement Act ("FIRREA"), 12 U.S.C. 1812(d). ECF No. #6 . Plaintiffs shall respond to defendant's motion by April 14, 2023. If plaintiffs fail to respond, the Court shall grant the stay. Defendant shall serve a copy of this Order on plaintiffs and file proof of service forthwith. Ordered by Magistrate Judge Lois Bloom on 4/3/2023. (EW)
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| Filing 10 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 9 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. (SR) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Lois Bloom. 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. Motions referred to Lois Bloom. (SR) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SR) |
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ELECTRONIC ORDER: Referring defendant/receiver FDIC's motion #6 to stay all judicial proceedings to CH. MJ Bloom to decide. All pre-trial matters, except dispositive motions, should be addressed to CH. MJ Bloom who will be handling all pre-trial matters in this litigation. Ordered by Judge Frederic Block on 3/31/2023. (MI)
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| Filing 8 AFFIDAVIT/DECLARATION in Support re #6 MOTION to Stay Declaration of John N. Orsini filed by Federal Deposit Insurance Corporation as Receiver for Signature Bank, Signature Bank. (Orsini, John) |
| Filing 7 MEMORANDUM in Support re #6 MOTION to Stay filed by Federal Deposit Insurance Corporation as Receiver for Signature Bank, Signature Bank. (Orsini, John) |
| Filing 6 MOTION to Stay by Federal Deposit Insurance Corporation as Receiver for Signature Bank, Signature Bank. (Orsini, John) |
| Filing 5 NOTICE of Appearance by Jamuna Kelley on behalf of Federal Deposit Insurance Corporation as Receiver for Signature Bank (aty to be noticed) (Kelley, Jamuna) |
| Filing 4 NOTICE of Appearance by Milton Eugene Otto on behalf of Acropolis Gardens Realty Corp., Acropolis Holdings, LLC (aty to be noticed) (Otto, Milton) |
| Filing 3 NOTICE of Appearance by Michael Barry Sloan on behalf of Acropolis Gardens Realty Corp., Acropolis Holdings, LLC (aty to be noticed) (Sloan, Michael) |
| Filing 2 NOTICE of Appearance by Stephen Bruce Meister on behalf of Acropolis Gardens Realty Corp., Acropolis Holdings, LLC (aty to be noticed) (Meister, Stephen) |
| Filing 1 NOTICE OF REMOVAL by Signature Bank from Supreme Court of the State of New York, Queens County, case number 724304/2021. (Attachments: #1 Exhibit A - Appointment and Acceptance Letters, #2 Exhibit B - Summons and Complaint, #3 Exhibit C - Notice of Substitution, #4 Exhibit D - February 15, 2023 order granting motion to transfer, #5 Exhibit E - Notice of Filing of Notice of Removal, #6 Exhibit F - copy of all process, pleadings and orders served upon FDIC-Receiver, #7 Civil Cover Sheet) (Orsini, John) |
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