U.S. Bank National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB63 v. 1078 Whillmore LLC et al
| U.S. Bank National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB63 acting by and through its special servicer, Berkeley Point Cap |
| 1078 Whillmore LLC, Samuel Fleischman, New York City Department of Finance, New York City Office of Administrative Trial Hearings and John Doe |
| 1:2023cv08245 |
| November 6, 2023 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Taryn A Merkl |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| None |
Docket Report
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| Document Text |
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| Filing 20 NOTICE of Appearance by Stacey A. Lara on behalf of U.S. Bank National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB63 (aty to be noticed) (Lara, Stacey) |
| Filing 19 NOTICE of Appearance by Danielle Estis on behalf of U.S. Bank National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB63 (notification declined or already on case) (Estis, Danielle) |
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre-Motion Conference held on 12/20/2023. Appearances: Stacey Lara for Plaintiff; Christopher Gorman for Defendants 1078 Whillmore LLC and Samuel Fleischman.The Court held a pre-motion conference regarding Plaintiff's anticipated motion for appointment of a receiver, as well as Defendants' anticipated motion to dismiss. The Court discussed both proposed motions with the parties, and noted that a motion to dismiss would appear to be premature in the absence of additional documentary evidence. The Court ordered Plaintiff to produce the documents referenced in Defendants' #17 pre-motion conference letter by January 12, 2024, and advised the parties that the Court expected that such production would obviate the need for motion practice regarding the motion to dismiss. Defendants 1078 Whillmore LLC and Samuel Fleischman shall respond by January 19, 2024 by either (1) answering the complaint; or (2) serving their motion to dismiss on Plaintiff. Should Defendants choose to move to dismiss, they shall follow the same briefing schedule as the motion to appoint a receiver, detailed below, and their motion shall be considered alongside that motion. Following a discussion of the briefing schedule with the parties, the Court ordered the parties to serve and file their motions as follows: the moving party shall serve on all parties, but not file, their motion papers by January 19, 2024. The party opposing the motion shall serve, but not file, their opposition by February 5, 2024. On February 12, 2024, the moving party shall serve their reply, and the parties must (1) file the fully-briefed motions on ECF in logical order and (2) deliver TWO SETS of bound courtesy copies of ALL motion papers to the undersigned's Chambers via FedEx or messenger. The parties are reminded to review the undersigned's Chambers Practices and Local and Federal Rules of Civil Procedure regarding motions to ensure their full compliance. Finally, the Court noted the importance of counsel filing a notice of appearance prior to appearing before the court for a pre-motion conference. Plaintiff's counsel, who had not filed a notice of appearance at the time of the conference, shall file her notice of appearance no later than 5pm on the date of this order. Ordered by Judge Kiyo A. Matsumoto on 12/20/2023. (Court Reporter Rivka Teich.) (SP)
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| Filing 18 Letter (Joint) Letter to the Hon. Kiyo A. Matsumoto, dated December 19, 2023: Regarding Proposed Receivership Motion 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 2019-SB63 (Mignardi, David) |
| Filing 17 MOTION for pre motion conference by 1078 Whillmore LLC, Samuel Fleischman. (Attachments: #1 Exhibit Consolidated Mortgage) (Noriega, Layla) |
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ORDER granting #17 Motion for Pre-Motion Conference regarding Defendants' anticipated motion to dismiss. The parties shall appear by telephone for a pre-motion conference on Wednesday, December 20, 2023, at 11:00AM. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. At the conference, Plaintiff should be prepared to discuss whether it has access to and can submit the requested supporting documentation identified in Defendants' #17 letter requesting a pre-motion conference. The Court shall also address the briefing schedule for Plaintiff's anticipated motion for the appointment of a receiver. Ordered by Judge Kiyo A. Matsumoto on 12/19/2023. (SP)
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| 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 2019-SB63. New York City Department of Finance served on 11/21/2023, answer due 12/12/2023. (Mignardi, David) |
| Filing 15 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 2019-SB63. New York City Office of Administrative Trial Hearings served on 11/21/2023, answer due 12/12/2023. (Mignardi, David) |
| Filing 14 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 2019-SB63. 1078 Whillmore LLC served on 11/10/2023, answer due 12/22/2023. (Mignardi, David) |
| Filing 13 Letter MOTION for pre motion conference to obtain leave to file a motion, pursuant to Fed. R. Civ. P. 66, 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 2019-SB63. (Mignardi, David) |
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ORDER denying #13 Plaintiff's Motion for Pre Motion Conference regarding motion to appoint a receiver. The Court waives the pre-motion conference requirement. Plaintiff shall confer with all appearing Defendants, including 1078 Whillmore LLC and Samuel Fleischman, and, if Defendants consent to the appointment of a receiver, shall propose a mutually-agreed upon receiver for the subject property. If Defendants do not consent to the appointment of a receiver, the parties shall jointly propose a briefing schedule for the Plaintiff's Fed. R. Civ. P. 66 motion for the Court's approval. The parties shall respond to this order and update the Court as to how they wish to proceed by December 19, 2023. Ordered by Judge Kiyo A. Matsumoto on 12/12/2023. (SP)
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| Filing 12 MOTION for Extension of Time to File Answer by 1078 Whillmore LLC, Samuel Fleischman. (Noriega, Layla) |
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ORDER granting #12 Motion for Extension of Time to Answer re #12 MOTION for Extension of Time to File Answer. The courts hereby grants Defendants 1078 Whillmore LLC and Samuel Fleischman an extension of time until 12/22/2023 to respond to the complaint. Ordered by Judge Kiyo A. Matsumoto on 12/8/2023. (SWJ)
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| Filing 11 NOTICE of Appearance by Layla Noriega on behalf of 1078 Whillmore LLC, Samuel Fleischman (aty to be noticed) (Noriega, Layla) |
| Filing 10 NOTICE of Appearance by Christopher A Gorman on behalf of 1078 Whillmore LLC, Samuel Fleischman (aty to be noticed) (Gorman, Christopher) |
| Filing 9 AFFIDAVIT of Service for "Notice to Tenants of Buildings Foreclosure" required by RP APL 1303 served on Tenants by Posting on November 11, 2023, 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 2019-SB63. (Mignardi, David) |
| Filing 8 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 2019-SB63. Samuel Fleischman served on 11/13/2023, answer due 12/4/2023. (Mignardi, David) |
| Filing 7 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 2019-SB63 (Mignardi, David) |
| Filing 6 NOTICE of Appearance by Danielle Estis on behalf of U.S. Bank National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB63 (aty to be noticed) (Estis, Danielle) |
| Filing 5 Summons Issued as to All Defendants. (Attachments: #1 Civil Cover Sheet NYCD of Finance, #2 Civil Cover Sheet NYC Trials, #3 Civil Cover Sheet Samuel) (CV) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) |
| Filing 2 Corporate Disclosure Statement 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 2019-SB63 identifying Other Affiliate U.S. Bancorp for U.S. Bank National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB63. (Mignardi, David) |
| Filing 1 COMPLAINT against 1078 Whillmore LLC, John Doe, Samuel Fleischman, New York City Department of Finance, New York City Office of Administrative Trial Hearings filing fee $ 402, receipt number ANYEDC-17257387 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, 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 2019-SB63. (Attachments: #1 Exhibit 1- Property Description, #2 Exhibit 2 - ECB Judgment, #3 Exhibit 3 - Collateral Description, #4 Civil Cover Sheet, #5 Proposed Summons to 1078 Whillmore LLC, #6 Proposed Summons to Samuel Fleischman, #7 Proposed Summons to NYC Dept. of Dinance, #8 Proposed Summons to NYC Office of Admin Trial and Hearings) (Mignardi, David) |
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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 2019-SB63 acting by and through its special servicer, Berkeley Point Cap | |
| Represented By: | David Vincent Mignardi |
| Represented By: | Danielle Estis |
| Represented By: | Stacey A. Lara |
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| Defendant: 1078 Whillmore LLC | |
| Represented By: | Layla Noriega |
| Represented By: | Christopher A Gorman |
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| Defendant: Samuel Fleischman | |
| Represented By: | Layla Noriega |
| Represented By: | Christopher A Gorman |
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| Defendant: New York City Department of Finance | |
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| Defendant: New York City Office of Administrative Trial Hearings | |
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| Defendant: John Doe | |
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