Skull Valley Band of Goshute Indians of Utah et al v. U.S. Bank National Association
| Crispin Koehler Holding III, LLC, Remsen Mortgages, LLC, Boston Mortgage Investments XVI, LLC, Upton Mortgages, LLC, Thornwood Mortgages, LLC, Salem Mortgages, LLC, XEBEC Mortgages, LLC, Boston Mortgage Investments XIII, LLC, Windham Mortgages, LLC, Hiler Mortgages, LLC, Fancher Mortgages, LLC, Yorkshire Mortgages, LLC, Lansing Mortgages, LLC, Esopus Mortgages, LLC, Kismet Mortgages, LLC, Vernon Mortgages, LLC and Skull Valley Band of Goshute Indians of Utah |
| U.S. Bank National Association |
| 1:2020cv01704 |
| February 26, 2020 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 21, 2020. A more recent docket listing may be available from PACER.
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CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1005 045 4 on 12/29/2020..(rro)
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Filing 60
MOTION for Michael H. Ference, Daniel Scott Furst, and Thomas P. McEvoy to Withdraw as Attorney . Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC. (Attachments: #1 Affidavit Declaration of Michael H. Ference In Support of Motion, #2 Exhibit 1 - Termination E-Mail, #3 Exhibit 2 - Engagement Agreement, #4 Exhibit 3 - Notice of Charging Lien).(Ference, Michael)
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Filing 59
NOTICE of Charging Lien. Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC..(Ference, Michael)
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Filing 58
OPINION AND ORDER re: #26 MOTION to Remand to State Court . filed by XEBEC Mortgages, LLC, Hiler Mortgages, LLC, Vernon Mortgages, LLC, Esopus Mortgages, LLC, Windham Mortgages, LLC, Boston Mortgage Investments XIII, LLC, Skull Valley Band of Goshute Indians of Utah, Remsen Mortgages, LLC, Boston Mortgage Investments XVI, LLC, Yorkshire Mortgages, LLC, Fancher Mortgages, LLC, Upton Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Thornwood Mortgages, LLC, Salem Mortgages, LLC, Crispin Koehler Holding III, LLC. For the foregoing reasons, the motion for remand filed by Plaintiffs is GRANTED. The Clerk of Court is directed to close the motion at Docket Number 26, and this case is remanded to New York Supreme Court, New York County, pursuant to 28 U.S.C. 1447(c). (Signed by Judge J. Paul Oetken on 12/21/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing 57
PROTECTIVE ORDER: WHEREAS, the Court having found that good cause exists for the issuance of an appropriately tailored confidentiality order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is hereby ORDERED that the following restrictions and procedures shall apply to the information and documents exchanged by the parties in connection with the pre-trial phase of this action (the Action). As further set forth herein. (Signed by Judge J. Paul Oetken on 11/25/2020) (nb)
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Filing 56
LETTER addressed to Judge J. Paul Oetken from Michael S. Kraut dated November 24, 2020 re: Proposed Protective Order. Document filed by U.S. Bank National Association. (Attachments: #1 Text of Proposed Order Proposed Protective Order).(Kraut, Michael)
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Filing 55
ORDER denying as moot #52 Letter Motion for Discovery: DENIED AS MOOT. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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Filing 54
ORDER granting in part and denying in part #51 Letter Motion for Discovery: THE COURT APPROVES DEFENDANT'S PROPOSED PROTECTIVE ORDER, WITH THE MODIFICATIONS TO WHICH DEFENDANT AGREES AS INDICATED AT DOCKET NUMBER 53 -- VIZ., PLAINTIFFS' PROPOSED MODIFICATIONS TO PARAGRAPHS 6.a, 12, 17, AND 19. DEFENDANT'S COUNSEL SHALL FILE A CONFORMING PROTECTIVE ORDER FOR THE COURT'S SIGNATURE WITHIN TWO DAYS. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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Filing 53
LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Michael S. Kraut dated November 5, 2020 re: #52 COUNTER LETTER MOTION for Discovery for Entry of Protective Order addressed to Judge J. Paul Oetken from Daniel Scott Furst dated November 3, 2020. . Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit A - Oct. 14, 2020 Email from S. Furst to G. MacQueen).(Kraut, Michael)
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Filing 52
COUNTER LETTER MOTION for Discovery for Entry of Protective Order addressed to Judge J. Paul Oetken from Daniel Scott Furst dated November 3, 2020. Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC. (Attachments: #1 Exhibit Proposed Protective Order).(Furst, Daniel)
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Filing 51
LETTER MOTION for Discovery for Entry of Protective Order addressed to Judge J. Paul Oetken from Michael S. Kraut dated October 30, 2020. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit A - - Proposed Protective Order).(Kraut, Michael)
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Filing 50
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/5/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 49
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/5/2020 before Judge J. Paul Oetken. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/10/2020. Redacted Transcript Deadline set for 11/20/2020. Release of Transcript Restriction set for 1/18/2021..(McGuirk, Kelly)
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Filing 48
LETTER addressed to Judge J. Paul Oetken from Michael S. Kraut dated October 6, 2020 re: Trial Court Decisions in CeCe & Co. v. U.S. Bank Nat'l Ass'n, NMC Residual Ownership v. U.S. Bank Nat'l Ass'n. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit CeCe & Co. v. U.S. Bank Nat'l Ass'n - Decision and Order with Transcript, #2 Exhibit NMC Residual Ownership v. U.S. Bank Nat'l Ass'n - Decision and Order with Transcript).(Kraut, Michael)
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Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Pretrial Conference held on 10/5/2020. Fact discovery extended to February 28, 2021. (bh)
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Filing 47
LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Michael S. Kraut dated October 4, 2020 re: #38 FIRST LETTER MOTION for Discovery addressed to Judge J. Paul Oetken from Plaintiffs dated September 9, 2020. . Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit 3 - Table of U.S. Bank's Responses to Plaintiffs' Document Requests).(Kraut, Michael)
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Filing 46
LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Irwin Weltz dated September 23, 2020 re: #43 LETTER MOTION for Discovery addressed to Judge J. Paul Oetken from Michael S. Kraut dated September 18, 2020. . Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Weltz, Irwin)
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Filing 45
ORDER granting #44 Letter Motion for Extension of Time to File Response/Reply GRANTED. PLAINTIFFS SHALL RESPOND TO THE LETTER MOTION ON OR BEFORE SEPTEMBER 23, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nd)
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Filing 44
LETTER MOTION for Extension of Time to File Response/Reply as to #43 LETTER MOTION for Discovery addressed to Judge J. Paul Oetken from Michael S. Kraut dated September 18, 2020. addressed to Judge J. Paul Oetken from Thomas Scot Wolinetz dated 09/18/2020. Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC..(Wolinetz, Thomas)
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Filing 43
LETTER MOTION for Discovery addressed to Judge J. Paul Oetken from Michael S. Kraut dated September 18, 2020. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit A - Article, #2 Exhibit B - July 21, 2020 Letter from I. Weltz to M. Kraut, #3 Exhibit C - Tribal LLCs' Objections and Responses to First Set of Interrogatories, #4 Exhibit D - Sept. 3, 2020 Letter from I. Weltz to M. Kraut, #5 Exhibit E - Tribal LLCs' Objections and Responses to Document Requests, #6 Exhibit F - Tribal LLCs' Objections and Responses to Second Set of Interrogatories).(Kraut, Michael)
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Filing 42
ORDER deferring ruling on #38 Letter Motion for Discovery PLAINTIFF'S LETTER MOTION FOR A CONFERENCE IS GRANTED. COUNSEL FOR THE PARTIES SHALL ATTEND A TELEPHONIC CONFERENCE TO ADDRESS ALL UNRESOLVED DISCOVERY DISPUTES ON OCTOBER 5, 2020, AT 3:00 P.M. COUNSEL AND ANY INTERESTED PARTIES SHALL DIAL 888-557-8511 AT THE SCHEDULED TIME; THE ACCESS CODE IS 9300838. MEMBERS OF THE PUBLIC MAY ATTEND BUT ARE DIRECTED TO PLACE THEIR PHONES ON MUTE. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nd)
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Filing 41
LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Michael S. Kraut dated September 14, 2020 re: #38 FIRST LETTER MOTION for Discovery addressed to Judge J. Paul Oetken from Plaintiffs dated September 9, 2020. . Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit 1 - August 25, 2020 Letter from M. Kraut to I. Weltz, #2 Exhibit 2 - August 28, 2020 Letter from M. Kraut to I. Weltz).(Kraut, Michael)
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Filing 40
ORDER granting #39 Letter Motion for Extension of Time to File Response/Reply GRANTED. DEFENDANT SHALL RESPOND TO PLAINTIFF'S LETTER MOTION ON OR BEFORE SEPTEMBER 14, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nd)
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Filing 39
LETTER MOTION for Extension of Time to File Response/Reply as to #38 FIRST LETTER MOTION for Discovery addressed to Judge J. Paul Oetken from Plaintiffs dated September 9, 2020. addressed to Judge J. Paul Oetken from Michael S. Kraut dated September 10, 2020. Document filed by U.S. Bank National Association..(Kraut, Michael)
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Filing 38
FIRST LETTER MOTION for Discovery addressed to Judge J. Paul Oetken from Plaintiffs dated September 9, 2020. Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC. (Attachments: #1 Exhibit A: Plaintiffs' First Set of Document Requests, #2 Exhibit B: Defendant's Response to Document Requests, #3 Exhibit C: Plaintiffs' First Set of Interrogatories, #4 Exhibit D; Defendant's Response to Interrogatories, #5 Exhibit E: Plaintiffs' Letter to Defendant).(McEvoy, Thomas)
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Filing 37
NOTICE OF CHANGE OF ADDRESS by Thomas Scot Wolinetz on behalf of Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC. New Address: Weltz Kakos Gerbi Wolinetz Volynsky LLP, 170 Old Country Road, Suite 310, Mineola, New York, United States 11501, 212-202-3176..(Wolinetz, Thomas)
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Filing 36
NOTICE OF CHANGE OF ADDRESS by Irwin Weltz on behalf of Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC. New Address: Weltz Kakos Gerbi Wolinetz Volynsky LLP, 170 Old Country Road, Suite 310, Mineola, New York, United States 11501, 5165060561..(Weltz, Irwin)
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Filing 35
DECLARATION of Irwin Weltz in Support re: #26 MOTION to Remand to State Court .. Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Wolinetz, Thomas)
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Filing 34
REPLY MEMORANDUM OF LAW in Support re: #26 MOTION to Remand to State Court . . Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC..(Wolinetz, Thomas)
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Filing 33
ORDER granting #32 Letter Motion for Extension of Time to File Response/Reply GRANTED. PLAINTIFFS SHALL FILE THEIR REPLY IN SUPPORT OF THEIR MOTION TO REMAND ON OR BEFORE JUNE 29, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (dm)
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Filing 32
LETTER MOTION for Extension of Time to File Response/Reply as to #26 MOTION to Remand to State Court . addressed to Judge J. Paul Oetken from Thomas S. Wolinetz dated June 11, 2020. Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC..(Wolinetz, Thomas)
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Filing 31
DECLARATION of Michael S. Kraut in Opposition re: #26 MOTION to Remand to State Court .. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit 1 - Base Offering Circular, #2 Exhibit 2 - Wall Street Journal Article, #3 Exhibit 3 - Excerpts of Standard Terms).(Kraut, Michael)
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Filing 30
MEMORANDUM OF LAW in Opposition re: #26 MOTION to Remand to State Court . . Document filed by U.S. Bank National Association..(Kraut, Michael)
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Filing 29
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC..(Wolinetz, Thomas)
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Filing 28
MEMORANDUM OF LAW in Support re: #26 MOTION to Remand to State Court . . Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC..(Wolinetz, Thomas)
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Filing 27
DECLARATION of Irwin Weltz in Support re: #26 MOTION to Remand to State Court .. Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC. (Attachments: #1 Exhibit A (1 of 7), #2 Exhibit A (2 of 7), #3 Exhibit A (3 of 7), #4 Exhibit A (4 of 7), #5 Exhibit A (5 of 7), #6 Exhibit A (6 of 7), #7 Exhibit A (7 of 7), #8 Exhibit B (1 of 8), #9 Exhibit B (2 of 8), #10 Exhibit B (3 of 8), #11 Exhibit B (4 of 8), #12 Exhibit B (5 of 8), #13 Exhibit B (6 of 8), #14 Exhibit B (7 of 8), #15 Exhibit B (8 of 8), #16 Exhibit C, #17 Exhibit D).(Wolinetz, Thomas)
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Filing 26
MOTION to Remand to State Court . Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC..(Wolinetz, Thomas)
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Filing 25
ORDER granting #22 Motion to Withdraw as Attorney. On May 22, 2020, Defendant's attorney Collin F. Hessney filed a motion to withdraw as counsel. (Dkt. No. 22.) The motion is GRANTED. The Clerk of Court is directed to close the motion at Docket Number 22 and terminate Attorney Collin F. Hessney as counsel for the Defendant. So Ordered. Attorney Collin Francis Hessney terminated. (Signed by Judge J. Paul Oetken on 5/26/2020) (js)
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Filing 24
NOTICE OF APPEARANCE by Daniel Scott Furst on behalf of Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC..(Furst, Daniel)
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Filing 23
DECLARATION of Collin F. Hessney in Support re: #22 MOTION for Collin F. Hessney to Withdraw as Attorney for Defendant U.S. Bank National Association.. Document filed by U.S. Bank National Association..(Hessney, Collin)
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Filing 22
MOTION for Collin F. Hessney to Withdraw as Attorney for Defendant U.S. Bank National Association. Document filed by U.S. Bank National Association..(Hessney, Collin)
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Filing 21
SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association. Document filed by U.S. Bank National Association..(MacQueen, Grant)
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Filing 20
NOTICE OF APPEARANCE by Grant R. MacQueen on behalf of U.S. Bank National Association..(MacQueen, Grant)
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Filing 19
SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Berkshire Hathaway, Inc., Corporate Parent U.S. Bancorp for U.S. Bank National Association. Document filed by U.S. Bank National Association..(Kraut, Michael)
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Filing 18
CASE MANAGEMENT PLAN: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P.26.(f). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial. This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as provided in paragraph 6(f) and 7(d)) shall be made in a written application in accordance with Court's Individual Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended. So Ordered. Plaintiffs' estimate is 2-3 days; Defendant's estimate is 5 days Expert Depositions Deposition due by 5/5/2021. Depositions 12/18/2020 Fact Discovery due by 1/29/2021. Expert Discovery due by 5/5/2021. Case Management Conference set for 2/5/2021 at 12:30 PM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 5/4/2020) (js)
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Filing 17
NOTICE: THE INITIAL CONFERENCE PREVIOUSLY SCHEDULED FOR MAY 6, 2020, IS HEREBY ADJOURNED SINE DIE. A CASE MANAGEMENT PLAN AND SCHEDULING ORDER WILL FOLLOW. (dm)
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Filing 16
PROPOSED CASE MANAGEMENT PLAN. Document filed by U.S. Bank National Association..(Kraut, Michael)
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Filing 15
ORDER: Counsel for all parties are directed to appear telephonically for an initial pretrial conference with the Court on May 6, 2020, at 11:00 a.m. Counsel should call (888) 557- 8511 at the scheduled time. The access code is 9300838. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. So Ordered. Initial Conference set for 5/6/2020 at 11:00 AM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 4/21/2020) (js)
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| Filing 14 ANSWER to Complaint. Document filed by U.S. Bank National Association..(Kraut, Michael) |
| Filing 13 NOTICE OF APPEARANCE by Michael Hugh Ference on behalf of Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC..(Ference, Michael) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #13 Notice) - NOTICE OF APPEARANCE by Thomas Patrick McEvoy on behalf of Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC..(McEvoy, Thomas) Modified on 3/19/2020 (db). |
| Filing 11 DEMAND for Trial by Jury. Document filed by Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC.(Weltz, Irwin) |
| Filing 10 NOTICE OF APPEARANCE by Robert Brian Volynsky on behalf of Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC..(Volynsky, Robert) |
| Filing 8 NOTICE OF APPEARANCE by Thomas Scot Wolinetz on behalf of Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC..(Wolinetz, Thomas) |
| Filing 7 NOTICE OF APPEARANCE by Irwin Weltz on behalf of Boston Mortgage Investments XIII, LLC, Boston Mortgage Investments XVI, LLC, Crispin Koehler Holding III, LLC, Esopus Mortgages, LLC, Fancher Mortgages, LLC, Hiler Mortgages, LLC, Kismet Mortgages, LLC, Lansing Mortgages, LLC, Remsen Mortgages, LLC, Salem Mortgages, LLC, Skull Valley Band of Goshute Indians of Utah, Thornwood Mortgages, LLC, Upton Mortgages, LLC, Vernon Mortgages, LLC, Windham Mortgages, LLC, XEBEC Mortgages, LLC, Yorkshire Mortgages, LLC..(Weltz, Irwin) |
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Filing 9
STIPULATION AND ORDER EXTENDING DEFENDANT'S TIME TO ANSWER. IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the parties to this action that: 1. The deadline for Defendant U.S. Bank National Association to move, answer or otherwise respond to Plaintiffs' complaint is hereby extended from March 4, 2020 to April 20, 2020. 2. Defendant U.S. Bank National Association hereby stipulates that it will not contest service of process. 3. No previous requests for adjournment or extension have been made to this Court. 4. By entering into this stipulation, the parties do not waive or prejudice any other claims or defenses they may have. 5. For purposes of this stipulation, faxed and/or electronically transmitted signatures shall be deemed original. So ordered. U.S. Bank National Association answer due 4/20/2020. Motions terminated: #5 LETTER MOTION for Extension of Time to File Answer to April 20, 2020 addressed to Judge J. Paul Oetken from Michael S. Kraut dated February 28, 2020. Document filed by U.S. Bank National Association. (Signed by Judge J. Paul Oetken on 3/2/2020) (rjm)
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Filing 6
ORDER: This case was removed from New York Supreme Court, New York County, on February 26, 2020. Counsel for the plaintiff is directed to file an appearance with this Court no later than March 18, 2020. Counsel for the defendant shall serve a copy of this order on counsel for the plaintiff by March 11, 2020. (Signed by Judge J. Paul Oetken on 3/2/2020) (rj)
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| Filing 5 LETTER MOTION for Extension of Time to File Answer to April 20, 2020 addressed to Judge J. Paul Oetken from Michael S. Kraut dated February 28, 2020. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit A - Stipulation and [Proposed] Order Extending Defendant's Time To Respond to the Complaint).(Kraut, Michael) |
| Filing 4 NOTICE OF APPEARANCE by Collin Francis Hessney on behalf of U.S. Bank National Association..(Hessney, Collin) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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..(dnh) |
| Magistrate Judge Stewart D. Aaron 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association. Document filed by U.S. Bank National Association..(Kraut, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Kraut, Michael) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650640-20. (Filing Fee $ 400.00, Receipt Number ANYSDC-18930705).Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit A - Summons and Complaint (Part 1 of 6), #2 Exhinit A - Summons and Complaint (Part 2 of 6), #3 Exhibit A - Summons and Complaint (Part 3 of 6), #4 Exhibit A - Summons and Complaint (Part 4 of 6), #5 Exhibit A - Summons and Complaint (Part 5 of 6), #6 Exhibit A - Summons and Complaint (Part 6 of 6), #7 Exhibit B - Other Papers Filed in the State Court Action).(Kraut, Michael) |
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