U.S. Bank National Association, as Trustee for the Registered Holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2006-C28 v. Dexia Real Estate Capital Markets
| U.S. Bank National Association, as Trustee for the Registered Holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2006-C28 |
| Dexia Real Estate Capital Markets |
| 1:2012cv09412 |
| December 27, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Shira A. Scheindlin |
| Contract: Other |
| 28 U.S.C. ยง 1332 ac Diversity-Account Receivable |
| None |
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The following documents for this case are available for you to view or download:
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Filing
168
OPINION & ORDER: For the foregoing reasons, the Court holds that Dexia is entitled to an award of attorneys' fees under Section 16 of the MLPA in the amount of $1,821,227.88, but that Dexia is not entitled to prejudgment interest on this award. The Court respectfully directs the Clerk of Court to close this case. (As further set forth in this Opinion) (Signed by Judge Paul A. Engelmayer on 11/30/2016) (kl)
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Filing
150
OPINION & ORDER re: 125 MOTION for Attorney Fees, costs and expenses filed by Dexia Real Estate Capital Markets. For the following reasons, the Court grants Dexia's motion. The Court reserves on the amount to be awarded, pending further briefing. For the foregoing reasons, the Court holds that Dexia is entitled to an award of attorneys' fees under Section 16 of the MLPA. The Court reserves for later determination the amount of such an award. The Court directs the part ies to meet and confer within one week and to file a joint letter by August 26, 2016, setting forth their view(s) as to an expedited and streamlined means of supplying the Court the material necessary to resolve the Trust's claim that the fee award here should be offset by some or all of Dexia's settlement with Best & Flanagan. (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 8/12/2016) (kko)
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Filing
102
OPINION AND ORDER. For the reasons set forth above, the Trust's Statement of the purchase price is AFFIRMED in part and MODIFIED in part. The purchase price must included attorneys' fees in the amount of $1,269,930.80. The purchase pr ice must also include prejudgment interest running from December 28, 2011 until September 3, 2014, to be calculated according to the formula set out in Plaintiff's Statement. The Trust is ordered to submit a proposed recalculation of the repurchase price for the Court's approval no later than September 3, 2014. (Signed by Judge Shira A. Scheindlin on 8/28/2014) (lmb)
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Filing
90
OPINION AND ORDER re: 68 MOTION for Summary Judgment filed by U.S. Bank National Association, as Trustee for the Registered Holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2006-C28, 74 MOTION for Summary Judgment filed by Dexia Real Estate Capital Markets. For the foregoing reasons, the Trust's motion for summary judgment is GRANTED and Dexia's motion for summary judgment is DENIED. Dexia shall repurchase the M arketplace Loan at the applicable purchase price as set forth in the PSA and MLPA. The Trust shall file a written submission as to the proper calculation of the purchase price by July 21, 2014. Dexia's response is due on August 4, 2014. The Trust's reply is due on August 11, 2014. The Clerk of the Court is directed to close these motions (Dkt. No. 68 and 74). (Signed by Judge Shira A. Scheindlin on 7/9/2014) (lmb)
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Filing
15
OPINION AND ORDER re: 6 MOTION to Dismiss, filed by Dexia Real Estate Capital Markets. In light of the foregoing, Dexia's motion to dismiss is denied. The Clerk of the Court is directed to close this motion (Dkt. No. 6). A status conference in this case is scheduled for Friday, June 14, 2013 at 3:30 p.m. (Signed by Judge Shira A. Scheindlin on 6/6/2013) (ja)
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| Plaintiff: U.S. Bank National Association, as Trustee for the Registered Holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2006-C28 | |
| Represented By: | Gregory Alan Cross |
| Represented By: | Heather D. Foley |
| Represented By: | Michael Colbert Hartmere |
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| Defendant: Dexia Real Estate Capital Markets | |
| Represented By: | David Darl Ferguson |
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