Annaly CRE Holdings LLC v. Nasr
Plaintiff: Annaly CRE Holdings LLC
Defendant: Mohammad Nasr
Case Number: 1:2019cv00471
Filed: January 16, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Denise L Cote
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 15, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2019 Opinion or Order Filing 34 ORDER: For the reasons stated on the record at the pretrial conference held March 15, 2019, defendant Mohammad Nasrs motions to stay or transfer the proceedings in the two above-captioned cases are denied.(Signed by Judge Denise L. Cote on 3/15/2019) (gr)
March 15, 2019 Opinion or Order Filing 33 MEDIATION REFERRAL ORDER: It is hereby ORDERED that the above-captioned related cases are referred to the Court-annexed Mediation Program for mediation to occur in September 2019. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. (Signed by Judge Denise L. Cote on 3/15/2019) (gr) Transmission to Mediation Clerk for processing.
March 15, 2019 Opinion or Order Filing 32 PRETRIAL SCHEDULING ORDER: As set forth at the pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on March 15, 2019, the following schedule shall govern the further conduct of pretrial proceedings in the above related cases......This case will be referred to mediation to occur in September 2019. The Clerk of Court will contact the parties when a mediator has been selected. TThe Joint Pretrial Order must be filed by July 19, 2019.....IT IS HEREBY ORDERED that the trial will begin at 9:30 a.m. on September 30, 2019.... (Signed by Judge Denise L. Cote on 3/15/2019) (gr)
March 15, 2019 Opinion or Order Filing 31 ORDER: On March 14, 2019, plaintiff filed a motion for judgment on the pleadings as to liability pursuant to Rule 12(c), Fed. R. Civ. P. Accordingly, it is hereby ORDERED that defendant shall file any opposition to the motion by March 29, 2019. Plaintiffs reply, if any, shall be filed by April 12. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 3/14/2019) (gr)
March 15, 2019 Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 3/15/2019. (Court Reporter Martha Martin) (gr)
March 14, 2019 Filing 30 NOTICE OF APPEARANCE by Randall L Morrison, Jr on behalf of Annaly CRE Holdings LLC. (Morrison, Randall)
March 14, 2019 Filing 29 DECLARATION of Randall L. Morrison, Jr. in Support re: #27 MOTION for Judgment on the Pleadings .. Document filed by Annaly CRE Holdings LLC. (Attachments: #1 Exhibit 1: Declaration of Mohammad Nasr in Support of Chapter 11 Petitions)(Gyves, William)
March 14, 2019 Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION for Judgment on the Pleadings . . Document filed by Annaly CRE Holdings LLC. (Gyves, William)
March 14, 2019 Filing 27 MOTION for Judgment on the Pleadings . Document filed by Annaly CRE Holdings LLC.(Gyves, William)
March 12, 2019 Filing 26 REPLY AFFIRMATION of Edward L. Rothberg, Esq. in Support re: #17 MOTION to Stay Or Transfer Proceedings.. Document filed by Mohammad Nasr. (Kachnowski, Vera)
March 12, 2019 Filing 25 REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Stay Or Transfer Proceedings. . Document filed by Mohammad Nasr. (Kachnowski, Vera)
March 12, 2019 Filing 24 LETTER addressed to Judge Denise L. Cote from William S. Gyves dated March 12, 2019 re: diversity of citizenship pursuant to 28 U.S.C. 1332. Document filed by Annaly CRE Holdings LLC.(Gyves, William)
March 8, 2019 Filing 23 PROPOSED CASE MANAGEMENT PLAN. Document filed by Annaly CRE Holdings LLC. (Gyves, William)
March 6, 2019 Filing 22 DECLARATION of Daniel J. Jagoe in Opposition re: #17 MOTION to Stay Or Transfer Proceedings.. Document filed by Annaly CRE Holdings LLC. (Attachments: #1 Exhibit A: Mezzanine Loan Agreement, #2 Exhibit B: Mezzanine Promissory Note, #3 Exhibit C: Mezzanine Guaranty Agreement, #4 Exhibit D: Notice of Default)(Gyves, William)
March 6, 2019 Filing 21 MEMORANDUM OF LAW in Opposition re: #17 MOTION to Stay Or Transfer Proceedings. Plaintiff Annaly CRE Holdings LLC's Memorandum of Law in Opposition to Motion to Stay or Transfer. Document filed by Annaly CRE Holdings LLC. (Gyves, William)
February 25, 2019 Opinion or Order Filing 20 ORDER: On February 22, 2019, the defendant in each of the above related cases, Mohammad Nasr, filed a motion to stay these proceedings or transfer them to the Southern District of Texas. Accordingly, it is hereby ORDERED that plaintiffs shall file any oppositions to the motion by March 6, 2019. Defendants reply, if any, shall be filed by March 12. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 2/25/2019) (gr)
February 22, 2019 Filing 19 DECLARATION of Edward L. Rothberg, Esq. in Support re: #17 MOTION to Stay Or Transfer Proceedings.. Document filed by Mohammad Nasr. (Attachments: #1 Exhibit Ex A - Proof of Claim (Part 1), #2 Exhibit Ex A - Proof of Claim (Part 2), #3 Exhibit Ex B - Payoff Quote)(Kachnowski, Vera)
February 22, 2019 Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Stay Or Transfer Proceedings. . Document filed by Mohammad Nasr. (Kachnowski, Vera)
February 22, 2019 Filing 17 MOTION to Stay Or Transfer Proceedings. Document filed by Mohammad Nasr.(Kachnowski, Vera)
February 22, 2019 Filing 16 ANSWER to #1 Complaint,,. Document filed by Mohammad Nasr.(Kachnowski, Vera)
February 21, 2019 Opinion or Order Filing 15 ORDER denying #14 LETTER MOTION to Continue /Toll Deadline While Motion is Considered. On January 22 the defendant was advised that there would be no further extension of the time to answer or respond to the complaint. Denied. (Signed by Judge Denise L. Cote on 2/21/2019) (jca)
February 20, 2019 Filing 14 LETTER MOTION to Continue /Toll Deadline While Motion is Considered addressed to Judge Denise L. Cote from Vera M. Kachnowski dated February 20, 2019. Document filed by Mohammad Nasr.(Kachnowski, Vera)
February 7, 2019 Opinion or Order Filing 13 ORDER granting #12 Letter Motion for Extension of Time to Answer by 2/22/2019. (Signed by Judge Denise L. Cote on 2/7/2019) (gr)
February 5, 2019 Filing 12 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Denise L. Cote from Vera M. Kachnowski dated February 5, 2019. Document filed by Mohammad Nasr.(Kachnowski, Vera)
February 5, 2019 Filing 11 NOTICE OF APPEARANCE by Jeffrey M. Eilender on behalf of Mohammad Nasr. (Eilender, Jeffrey)
February 5, 2019 Filing 10 NOTICE OF APPEARANCE by Vera Marie Kachnowski on behalf of Mohammad Nasr. (Kachnowski, Vera)
January 23, 2019 Filing 9 AFFIDAVIT OF SERVICE of Individual Rules of Practice in Civil Cases of Hon. Denise L. Cote and Notice of Initial Pretrial Conference served on Mohammad Nasr and Neil J. O'Halloran on 1/23/2019. Service was made by FedEx. Document filed by Annaly CRE Holdings LLC. (Gyves, William)
January 23, 2019 Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice) Initial Conference set for 3/15/2019 at 11:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Please follow the procedures set forth in the Notice.) (Signed by Judge Denise L. Cote on 1/22/2019) (gr)
January 22, 2019 Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Mohammad Nasr served on 1/18/2019, answer due 2/8/2019. Document filed by Annaly CRE Holdings LLC. (Gyves, William)
January 22, 2019 CASE ACCEPTED AS RELATED. Create association to 1:19-cv-00047-DLC. Notice of Assignment to follow. (jc)
January 22, 2019 NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (jc)
January 22, 2019 Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jc)
January 17, 2019 Filing 6 ELECTRONIC SUMMONS ISSUED as to Mohammad Nasr. (sj)
January 17, 2019 Case Designated ECF. (sj)
January 17, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)
January 17, 2019 CASE REFERRED TO Judge Denise L. Cote as possibly related to 1:19cv00047. (sj)
January 16, 2019 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Annaly Capital Management, Inc., Corporate Parent Annaly Commercial Real Estate Group, Inc. for Annaly CRE Holdings LLC. Document filed by Annaly CRE Holdings LLC.(Morrison, Randall)
January 16, 2019 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Mohammad Nasr, re: #1 Complaint,,. Document filed by Annaly CRE Holdings LLC. (Gyves, William)
January 16, 2019 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-00047-DLC. Document filed by Annaly CRE Holdings LLC.(Gyves, William)
January 16, 2019 Filing 2 CIVIL COVER SHEET filed. (Gyves, William)
January 16, 2019 Filing 1 COMPLAINT against Mohammad Nasr. (Filing Fee $ 400.00, Receipt Number ANYSDC-16202643)Document filed by Annaly CRE Holdings LLC. (Attachments: #1 Exhibit A - Wells Fargo Complaint, #2 Exhibit B - Mezzanine Loan Agreement, #3 Exhibit C - Mezzanine Promissory Note, #4 Exhibit D - Mezzanine Guaranty Agreement, #5 Exhibit E - Secondary Lien Deed of Trust, #6 Exhibit F - Mortgage Borrower Bankruptcy Petition, #7 Exhibit G - Borrower Bankruptcy Petition, #8 Exhibit H - Notice of Default)(Gyves, William)

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Defendant: Mohammad Nasr
Represented By: Vera Marie Kachnowski
Represented By: Jeffrey M. Eilender
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Plaintiff: Annaly CRE Holdings LLC
Represented By: William S. Gyves
Represented By: Randall L Morrison, Jr
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