IMH Broadway Tower Senior Lender, LLC et al v. Hertz et al
IMH Broadway Tower Senior Lender, LLC and IMH Broadway Tower Mezz Lender, LLC |
Isaac Hertz, William Hertz and Sarah Hertz |
1:2019cv08168 |
August 30, 2019 |
US District Court for the Southern District of New York |
Jed S Rakoff |
Contract: Other |
28 U.S.C. § 1332 |
None |
Docket Report
This docket was last retrieved on January 3, 2020. A more recent docket listing may be available from PACER.
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Filing 28 RESPONSE in Opposition to Motion re: #23 MOTION to Dismiss . Plaintiff's Opposition to Defendants' Partial Motion to Dismiss the Complaint. Document filed by IMH Broadway Tower Mezz Lender, LLC, IMH Broadway Tower Senior Lender, LLC. (Florentine, James) |
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/23/2019. (Kotowski, Linda) |
Filing 27 ORDER FOR ADMISSION PRO HAC VICE granting #14 MOTION for James G. Florentine to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 10/23/2019) (jca) |
Filing 26 ORDER FOR ADMISSION PRO HAC VICE granting #13 MOTION for Christopher H. Bayley to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 10/23/2019) (jca) |
Filing 25 DECLARATION of Israel Dahan in Support re: #23 MOTION to Dismiss .. Document filed by Isaac Hertz, Sarah Hertz, William Hertz. (Attachments: #1 Exhibit A - Receivership Order)(Dahan, Israel) |
Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss . . Document filed by Isaac Hertz, Sarah Hertz, William Hertz. (Dahan, Israel) |
Filing 23 MOTION to Dismiss . Document filed by Isaac Hertz, Sarah Hertz, William Hertz.(Dahan, Israel) |
Filing 22 ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Kevin Jordan O'Brien to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 10/4/2019) (jwh) |
Filing 21 CIVIL CASE MANAGEMENT PLAN: This Court requires that this case shall be ready for trial on February 27, 2020. After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure. Amended Pleadings due by 11/15/2019. Joinder of Parties due by 11/15/2019. Motions due by 1/30/2020. Responses due by 2/13/2020. Replies due by 2/27/2020. Deposition due by 1/24/2020. All Discovery due by 1/24/2020. Oral Argument set for 11/8/2019 at 04:00 PM before Judge Jed S. Rakoff. A Final Pretrial Conference set for 3/11/2020 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 2/27/2020. And as set forth herein. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/27/2019) (ama) |
Filing 20 ORDER FOR ADMISSION PRO HAC VICE granting #16 Motion for Thaddeus D. Wilson to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 9/26/2019) (rro) |
Filing 19 MOTION for Kevin Jordan O'Brien to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17664501. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Isaac Hertz, Sarah Hertz, William Hertz. (Attachments: #1 Affidavit, #2 Certificates of Good Standing, #3 Text of Proposed Order)(O'Brien, Kevin) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Kevin Jordan O'Brien to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17664501. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 18 NOTICE OF COURT CONFERENCE: Initial Conference set for 9/27/2019 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 9/24/2019) (jwh) |
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/20/2019, ( Initial Conference set for 9/27/2019 at 11:00 AM before Judge Jed S. Rakoff.). (Kotowski, Linda) |
Filing 17 NOTICE OF APPEARANCE by Jonathan David Fortney on behalf of IMH Broadway Tower Mezz Lender, LLC, IMH Broadway Tower Senior Lender, LLC. (Fortney, Jonathan) |
Filing 16 MOTION for Thaddeus D. Wilson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17633901. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Isaac Hertz, Sarah Hertz, William Hertz. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Wilson, Thaddeus) |
Filing 15 NOTICE OF APPEARANCE by Israel Dahan on behalf of Isaac Hertz, Sarah Hertz, William Hertz. (Dahan, Israel) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Thaddeus D. Wilson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17633901. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for James G. Florentine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17624001. Motion and supporting papers to be reviewed by Clerk's Office staff., #13 MOTION for Christopher H. Bayley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17623961. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 14 MOTION for James G. Florentine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17624001. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IMH Broadway Tower Mezz Lender, LLC, IMH Broadway Tower Senior Lender, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Florentine, James) |
Filing 13 MOTION for Christopher H. Bayley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17623961. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IMH Broadway Tower Mezz Lender, LLC, IMH Broadway Tower Senior Lender, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Bayley, Christopher) |
Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,. William Hertz served on 9/5/2019, answer due 9/26/2019. Service was accepted by Corporation Service Company. Service was made by Certified Mail. Document filed by IMH Broadway Tower Senior Lender, LLC; IMH Broadway Tower Mezz Lender, LLC. (Kelsey, Matthew) |
Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,. Sarah Hertz served on 9/5/2019, answer due 9/26/2019. Service was accepted by Corporation Service Company. Service was made by Certified Mail. Document filed by IMH Broadway Tower Senior Lender, LLC; IMH Broadway Tower Mezz Lender, LLC. (Kelsey, Matthew) |
Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,. Isaac Hertz served on 9/5/2019, answer due 9/26/2019. Service was accepted by Corporation Service Company. Service was made by Certified Mail. Document filed by IMH Broadway Tower Senior Lender, LLC; IMH Broadway Tower Mezz Lender, LLC. (Kelsey, Matthew) |
Filing 9 ELECTRONIC SUMMONS ISSUED as to William Hertz. (vf) |
Filing 8 ELECTRONIC SUMMONS ISSUED as to Sarah Hertz. (vf) |
Filing 7 ELECTRONIC SUMMONS ISSUED as to Isaac Hertz. (vf) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew K. Kelsey. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew K. Kelsey. The party information for the following party/parties has been modified: Isaac Hertz, Sarah Hertz, William Hertz, IMH Broadway Tower Senior Lender, LLC, IMH Broadway Tower Mezz Lender, LLC. The information for the party/parties has been modified for the following reason/reasons:party text was omitted.(vf) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (vf) |
Case Designated ECF. (vf) |
Magistrate Judge Katharine H. Parker 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. (vf) |
Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to William Hertz, re: #1 Complaint,,,,. Document filed by IMH Broadway Tower Mezz Lender, LLC, IMH Broadway Tower Senior Lender, LLC. (Kelsey, Matthew) |
Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Sarah Hertz, re: #1 Complaint,,,,. Document filed by IMH Broadway Tower Mezz Lender, LLC, IMH Broadway Tower Senior Lender, LLC. (Kelsey, Matthew) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Isaac Hertz, re: #1 Complaint. Document filed by IMH Broadway Tower Mezz Lender, LLC, IMH Broadway Tower Senior Lender, LLC. (Kelsey, Matthew) |
Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent IMH Broadway Tower OZB, LLC for IMH Broadway Tower Senior Lender, LLC; Corporate Parent IMH Holdings, LLC for IMH Broadway Tower Mezz Lender, LLC. Document filed by IMH Broadway Tower Mezz Lender, LLC, IMH Broadway Tower Senior Lender, LLC.(Kelsey, Matthew) |
Filing 2 CIVIL COVER SHEET filed. (Kelsey, Matthew) |
Filing 1 COMPLAINT against Isaac Hertz, Sarah Hertz, William Hertz. (Filing Fee $ 400.00, Receipt Number ANYSDC-17525151)Document filed by IMH Broadway Tower Senior Lender, LLC, IMH Broadway Tower Mezz Lender, LLC. (Attachments: #1 Exhibit 1 - Loan Agreement, #2 Exhibit 2 - Amendment, #3 Exhibit 3 - Promissory Note, #4 Exhibit 4 - Amended Promissory Note, #5 Exhibit 5 - Deed, #6 Exhibit 6 - Financing Statement, #7 Exhibit 7 - Agreement, #8 Exhibit 8 - Deed, #9 Exhibit 9 - Agreement, #10 Exhibit 10 - Assignment, #11 Exhibit 11 - Allonge, #12 Exhibit 12 - Assignment, #13 Exhibit 13 - Agreement, #14 Exhibit 14 - Amendment, #15 Exhibit 15 - Promissory Note, #16 Exhibit 16 - Amended Promissory Note, #17 Exhibit 17 - Pledge and Agreement, #18 Exhibit 18 - Financing Statement, #19 Exhibit 19 - Agreement, #20 Exhibit 20 - Assignment and Agreement, #21 Exhibit 21 - Allonge, #22 Exhibit 22 - Amended Financing Statement, #23 Exhibit 23 - Letter, #24 Exhibit 24 - Default Notice, #25 Exhibit 25 - Letter, #26 Exhibit 26 - Letter, #27 Exhibit 27 - Letter)(Kelsey, Matthew) |
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