Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11 v. FPP Associates, LLC
| Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11, acting by and through CW Capital Ass and Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11 |
| FPP ASSOCIATES, LLC |
| 1:2020cv00264 |
| January 10, 2020 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on March 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| NOTICE: Conference original scheduled for March 16, 2020 is adjourned to March 18, 2020 at 12:30 p.m. in Courtroom 11D.(Nacanther, Florence) |
| Filing 26 NOTICE of Bond of Receiver. Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11..(Brandofino, Keith) |
| Filing 25 ANSWER to #1 Complaint,. Document filed by FPP Associates, LLC..(Gulko, Asher) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by FPP Associates, LLC..(Gulko, Asher) |
Filing 23
CONSENT ORDER APPOINTING RECEIVER: IT IS HEREBY ORDERED that Chris Neilson of Trigild Inc., a Nevada corporation, maintaining an office at 4131 North Central Expressway, Suite 775, Dallas, TX 75204 (hereinafter, the "Receiver"), be and hereby is appointed as the receiver of Defendant's Assets. Subject to paragraph 9 of this Order, all funds in any account maintained by the Receiver pursuant to this Order shall remain collateral for the loan from Plaintiffs predecessor-in-interest to Defendant in the original principal amount of $10,120,600.00 (the "Loan") pursuant to all documents, instruments and agreements evidencing, securing or relating to the Loan (collectively, the "Loan Documents") and shall be paid to Plaintiff upon the earliest to occur of (i) the consummation of the judicial or non-judicial foreclosure and sale of all of the Premises (or acceptance of a Deed-in-Lieu of Foreclosure); (ii) Plaintiffs sale of the Loan, (iii) payment of the Loan in full; (iv) a final judgment of this Court is entered terminating the receivership created by this Order; or (v) further order of this Court. The Receiver is required to submit proof of bond with the Clerk of this Court in the amount of $25,000.00 within ten (10) business days of this Order. Upon the Receiver's submission of proof of bond, the Receiver shall be authorized and empowered to perform its duties under this Order, including taking control of Defendant's Assets, as further set forth in this order. IT IS FURTHER ORDERED, that the Parties and all persons and entities acting in concert with any of them are hereby ENJOINED from: (a) taking any action inconsistent with the terms of this Order; (b) interfering with the Receiver exercising its powers and performing its duties pursuant to this Order; (c) removing, destroying, concealing or altering any of the Defendant's Assets, specifically including, without limitation, the Project Records; and (d) taking any action with respect to the control, use, management, preservation, repair, maintenance, leasing or operation of the Premises and the Defendant's Assets, except as otherwise permitted under this Order or upon the specific request of the Receiver. Motions terminated. February 21, 2020 hearing is VACATED. (Signed by Judge P. Kevin Castel on 2/20/2020) (jwh) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 22 LETTER MOTION for Conference re: #21 Proposed Consent Order Request to "so order" the Consent Order and cancel the February 21, 2020 appearance for the Motion for Appointment of Receiver addressed to Judge P. Kevin Castel from David V. Mignardi and Asher C. Gulko dated 02/18/2020. Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11..(Mignardi, David) |
| Filing 21 PROPOSED CONSENT ORDER. Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11..(Mignardi, David) |
| Filing 20 NOTICE OF APPEARANCE by Asher C Gulko on behalf of FPP Associates, LLC..(Gulko, Asher) |
| Filing 19 AFFIDAVIT OF SERVICE of Order to Show Cause so ordered by the Honorable P. Kevin Castel, U.S.D.J. on January 31, 2020, Declaration of Keith M. Brandofino dated January 31, 2020 with exhibits annexed thereto, Declaration of Alex Killick sworn to on January 27, 2020 with exhibits annexed thereto, Declaration of Chris Neilson sworn to on January 14, 2020 with exhibits annexed thereto, and Memorandum of Law in Support of Plaintiffs Motion for Appointment of Receiver dated January 31, 2020 served on FPP Associates, LLC on 02/04/2020. Service was accepted by Christy Drabek, CORP2000, Inc., Registered Agent. Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11..(Brandofino, Keith) |
| Filing 18 AFFIDAVIT OF SERVICE of Order to Show Cause so ordered by the Honorable P. Kevin Castel, U.S.D.J. on January 31, 2020, Declaration of Keith M. Brandofino dated January 31, 2020 with exhibits annexed thereto, Declaration of Alex Killick sworn to on January 27, 2020 with exhibits annexed thereto, Declaration of Chris Neilson sworn to on January 14, 2020 with exhibits annexed thereto, and Memorandum of Law in Support of Plaintiffs Motion for Appointment of Receiver dated January 31, 2020 served on FPP Associates, LLC on 02/03/2020. Service was made by Mail. Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11..(Brandofino, Keith) |
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Filing 17
ORDER TO SHOW CAUSE: ORDERED that Defendant show cause before this Court at Courtroom 11D, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York on the 21st day of February, 2020 at 2 p.m. or as soon thereafter as counsel can be heard, why an Order appointing Neilson as receiver to take immediate possession and control of the Defendants' assets (as described in the motion papers submitted in support of Plaintiff's application), pursuant to Rule 66 of the Federal Rules of Civil Procedure, should not be issued. Let any opposition to the application be served upon Plaintiff by filing on ECF (with courtesy copies, to chambers) of such opposition to its counsel, Kilpatrick Townsend & Stockton LLP, 1114 Avenue of the Americas, New York, NY 10036, by overnight courier on or before February 12, 2020; as further set forth in this Order. Show Cause Hearing set for 2/21/2020 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. Show Cause Response due by 2/12/2020. (Signed by Judge P. Kevin Castel on 1/31/2020) (cf)
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| Filing 16 MEMORANDUM OF LAW in Support re: #12 Proposed Order to Show Cause Without Emergency Relief, . Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11..(Brandofino, Keith) |
| Filing 15 DECLARATION of Chris Neilson in Support re: #12 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11. (Attachments: #1 Exhibit 1 - Trigild's Management and Receivership Experience, #2 Exhibit 2 - Biography).(Brandofino, Keith) |
| Filing 14 DECLARATION of Alex Killick in Support re: #12 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11. (Attachments: #1 Exhibit 1 - Loan Agreement, #2 Exhibit 2 - Promissory Note with subsequent allonge, #3 Exhibit 3 - Deed To Secure Debt (Soperton, GA), #4 Exhibit 4 - Deed Of Trust (Richton, MS), #5 Exhibit 5 - Mortgage Pledge Of Leases And Rents And Security Agreement - Haughton, #6 Exhibit 6 - Mortgage Pledge Of Leases And Rents And Security Agreement - Mansfield, #7 Exhibit 7 - Mortgage Pledge Of Leases And Rents And Security Agreement - Sternlington, #8 Exhibit 8 - Haynesville (Clairborn Parish), #9 Exhibit 9 - Mortgage Ringgold (Bienville Parish), #10 Exhibit 10 - Brinkley Mortgage - Monroe County, Arkansas, #11 Exhibit 11 - Assignment Of Leases And Rents (Soperton, GA), #12 Exhibit 12 - Assignment Of Leases And Rents (Richton, MS), #13 Exhibit 13 - Assignment And Pledge Of Leases And Rents (Haughton, LA), #14 Exhibit 14 - Assignment And Pledge Of Leases And Rents (Mansfield, LA), #15 Exhibit 15 - Assignment And Pledge Of Leases And Rents (Sterlington, LA), #16 Exhibit 16 - Assignment of Leases and Rents Haynesville (Clairborn Parish), #17 Exhibit 17 - Assignment of Leases and Rents Ringgold (Bienville Parish), #18 Exhibit 18 - Assignment of Leases and Rents Brinkley, #19 Exhibit 19 - Assignment Of Deed and ALR (Soperton, GA), #20 Exhibit 20 - Assignment Of Deed Of Trust, ARL and Security Agmt (Richton, MS), #21 Exhibit 21 - Assignment of Mortgage and ALR (Haughton), #22 Exhibit 22 - Assignment Of Mortgage and ALR (Mansfield, LA), #23 Exhibit 23 - Assignment Of Mortgage and ALR (Sterlington, LA), #24 Exhibit 24 - Assignment of Mortgage Haynesville, #25 Exhibit 25 - Assignment of Mortgage Ringgold (Bienville Parish), #26 Exhibit 26 - Assignment of Mortgage and ALR toTrust (Brinkley), #27 Exhibit 27 - Photo of property damage).(Brandofino, Keith) |
| Filing 13 DECLARATION of Keith M. Brandofino in Support re: #12 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons with Affidavit of Service, #3 Exhibit C - January 24, 2020 Email, #4 Exhibit D - January 28, 2020 Order, #5 Exhibit E - Proposed Order).(Brandofino, Keith) |
| Filing 12 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11. (Brandofino, Keith) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #12 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
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Filing 11
ORDER granting #10 Letter Motion for Leave to File Document. File motion. So Ordered. (Signed by Judge P. Kevin Castel on 1/27/2020) (js)
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| Filing 10 LETTER MOTION for Leave to File motion seeking the appointment of Christopher Neilson of Trigild as receiver of the Properties addressed to Judge P. Kevin Castel from Keith M. Brandofino dated 01/24/2020. Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11.(Brandofino, Keith) |
| Filing 9 SUMMONS RETURNED EXECUTED. FPP Associates, LLC served on 1/16/2020, answer due 2/6/2020. Service was accepted by David Holcomb, CORP2000, Inc., Registered Agent. Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11. (Brandofino, Keith) |
| Filing 8 NOTICE OF APPEARANCE by Maximiliano Rinaldi on behalf of Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11. (Rinaldi, Maximiliano) |
| Filing 7 NOTICE OF APPEARANCE by David Vincent Mignardi on behalf of Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11. (Mignardi, David) |
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Filing 6
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/16/2020 at 12:15 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 1/15/2020) (va)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to FPP Associates, LLC. (jgo) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to FPP Associates, LLC, re: #1 Complaint,. Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11. (Brandofino, Keith) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Keith Michael Brandofino. The party information for the following party/parties has been modified: Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11, acting by and through CW Capital Ass, FPP ASSOCIATES, LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Keith Michael Brandofino. The following case opening statistical information was erroneously selected/entered: Dollar Demand $9,697,487,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,700,000; the County code has been modified to XX Out of State;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pc) |
| Magistrate Judge Robert W. Lehrburger 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11, acting by and through CW Capital Ass. Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11, acting by and through CW Capital Ass.(Brandofino, Keith) |
| Filing 2 CIVIL COVER SHEET filed. (Brandofino, Keith) |
| Filing 1 COMPLAINT against FPP ASSOCIATES, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-18476294)Document filed by Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11, acting by and through CW Capital Ass.(Brandofino, Keith) |
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| Search for this case: Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11 v. FPP Associates, LLC | |
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| Plaintiff: Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11, acting by and through CW Capital Ass | |
| Represented By: | Keith Michael Brandofino |
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| Plaintiff: Wells Fargo Bank, National Association, As Trustee For Morgan Stanley Capital I Trust 2016-UBS11, Commercial Mortgage Pass-Through Certificates, Series 2016-UBS11 | |
| Represented By: | Keith Michael Brandofino |
| Represented By: | Maximiliano Rinaldi |
| Represented By: | David Vincent Mignardi |
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| Defendant: FPP ASSOCIATES, LLC | |
| Represented By: | Asher C Gulko |
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