Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5 v. 115 Owner LLC et al
| WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF BENCHMARK 2018-B5 MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2018-B5, acting and Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5 |
| 191 Owner LLC, 90-55 Owner LLC, The Robin Eshaghpour Revocable Trust, Ripco Real Estate LLC, Robin Eshaghpour, 1160 Owner LLC, 115 Owner LLC, 90-59 Owner LLC, New York City Environmental Control Board, 245-02 Owner LLC, 74-01 Owner LLC, 49 Owner LLC and 621 Owner LLC |
| 1:2020cv02157 |
| March 10, 2020 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Jesse M Furman |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 17, 2021. A more recent docket listing may be available from PACER.
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Filing 99
ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/17/21) (yv)
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Filing 98
LETTER MOTION for Extension of Time to File Answer to January 4, 2021 if Settlement is Not Finalized addressed to Judge Jesse M. Furman from Howard E. Cotton dated December 16, 2021. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 97
ORDER granting in part #96 Letter Motion for Extension of Time to Answer re #96 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Jesse M. Furman from Howard E. Cotton dated December 3, 2021., #1 Complaint. Application GRANTED in part. Defendants' deadline to Answer is hereby EXTENDED to December 20, 2021. The Initial Pretrial Conference scheduled for December 16, 2021, is hereby ADJOURNED to January 5, 2022 at 2:30 p.m. Counsel are warned that further extensions of these deadlines are unlikely to be granted. The Clerk of Court is directed to terminate ECF No. 96. SO ORDERED.. (Signed by Judge Jesse M. Furman on 12/6/2021) (kv)
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Set/Reset Hearings:( Initial Conference set for 1/5/2022 at 02:30 PM before Judge Jesse M. Furman.), Set/Reset Deadlines: 115 Owner LLC answer due 12/20/2021; 1160 Owner LLC answer due 12/20/2021; 191 Owner LLC answer due 12/20/2021; 245-02 Owner LLC answer due 12/20/2021; 49 Owner LLC answer due 12/20/2021; 621 Owner LLC answer due 12/20/2021; 74-01 Owner LLC answer due 12/20/2021; 90-55 Owner LLC answer due 12/20/2021; 90-59 Owner LLC answer due 12/20/2021; Robin Eshaghpour answer due 12/20/2021; The Robin Eshaghpour Revocable Trust answer due 12/20/2021. (kv)
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Filing 96
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Jesse M. Furman from Howard E. Cotton dated December 3, 2021. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 95
ORDER granting #94 Letter Motion for Extension of Time to Answer re #94 LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Howard E. Cotton dated November 12, 2021., #1 Complaint. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 94. SO ORDERED. 115 Owner LLC answer due 12/3/2021; 1160 Owner LLC answer due 12/3/2021; 191 Owner LLC answer due 12/3/2021; 245-02 Owner LLC answer due 12/3/2021; 49 Owner LLC answer due 12/3/2021; 621 Owner LLC answer due 12/3/2021; 74-01 Owner LLC answer due 12/3/2021; 90-55 Owner LLC answer due 12/3/2021; 90-59 Owner LLC answer due 12/3/2021; The Robin Eshaghpour Revocable Trust answer due 12/3/2021. (Signed by Judge Jesse M. Furman on 11/12/2021) (kv)
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Filing 94
LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Howard E. Cotton dated November 12, 2021. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 93
AFFIDAVIT OF SERVICE of Notice of Pretrial Conference, dated November 2, 2021, and Individual Rules and Practices in Civil Cases served on New York City Environmental Control Board and Ripco Real Estate LLC on November 4, 2021. Service was made by Mail. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 92
NOTICE OF INITIAL PRETRIAL CONFERENCE: Earlier today, the Court issued a Memorandum Opinion and Order denying Defendants' Motion to Dismiss and allowing Plaintiff's claims to proceed. In light of that decision, it is hereby ORDERED that Defendants shall file their answer to Plaintiff's claims on or before November 16, 2021. It is further ORDERED that all parties appear for an initial pretrial conference with the Court on December 16, 2021, at 4:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at http://nysd.uscourts.gov/ecf_filing.php. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at http://nysd.uscourts.gov/judge/Furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Additionally, in accordance with Paragraph 2.B of the Courts Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 12/16/2021 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/2/21) (yv)
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Filing 91
MEMORANDUM OPINION AND ORDER re: #61 MOTION to Dismiss for Lack of Subject Matter Jurisdiction. filed by 1160 Owner LLC, 621 Owner LLC, 245-02 Owner LLC, 191 Owner LLC, 115 Owner LLC, 90-59 Owner LLC, 90-55 Owner LLC, 74-01 Owner LLC, 49 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust. Their motion to dismiss is DENIED. Additionally, because Wilmington adequately alleges diversity jurisdiction at this stage of the litigation, Defendants' motion for jurisdictional discovery is also DENIED. Unless and until the Court orders otherwise, Defendants shall file their answer to the Complaint within two weeks of the date of this Memorandum Opinion and Order. By separate Order to be entered today, the Court will schedule an initial pretrial conference. The Clerk of Court is directed to terminate ECF No. 61. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/2/21) (yv)
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Set/Reset Deadlines: All Defendants. (yv)
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Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 10/6/2021.
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Filing 90
MEMO ENDORSEMENT on re: #89 Letter, filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5. ENDORSEMENT: The motion to dismiss is hereby REINSTATED. The parties are certainly encouraged to continue their efforts to resolve the case, but the Court will-unless and until there is a settlement-decide themotion and proceed with the litigation. So Ordered. (Signed by Judge Jesse M. Furman on 10/12/2021) (js)
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Filing 89
JOINT LETTER addressed to Judge Jesse M. Furman from Keith Brandofino and Howard Cotton dated October 7, 2021 re: Status of Settlement Discussions. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 88
JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Howard E. Cotton dated October 6, 2021 re: Need for Settlement Conference at 3:00 p.m. Today. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held via teleconference on 9/13/2021. Keith Brandofino and David Mignardi present for Plaintiff. Howard Cotton and Michael Gordon present for Defendants. (ab)
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Filing 87
ORDER denying without prejudice to renewal #61 Motion to Dismiss. As discussed during the telephone conference earlier today, Defendants' pending motion to dismiss, ECF No. 61, is DENIED without prejudice to renewal to give the parties an opportunity to focus on settlement. All other deadlines are stayed. The parties should promptly contact the chambers of Magistrate Judge Gorenstein. No later than October 7, 2021, the parties shall file a joint letter updating the Court on the status of settlement discussions. If settlement has not been reached, but the parties are engaged in good faith negotiations and believe that additional time should be permitted, the parties may jointly request additional time to discuss settlement. If the parties have not reached a settlement and do not jointly request additional time, Defendants may request reinstatement of their motion to dismiss, in which case the Court will resolve it with all deliberate speed and convene a conference to address the next steps in the litigation beyond a ruling on the motion. The Clerk of Court is directed to terminated ECF No. 61. (Signed by Judge Jesse M. Furman on 9/13/2021) (ate)
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Filing 86
ORDER re: #85 Joint Letter: The parties shall appear for a teleconference with the Court on September 13, 2021, at 10:30 a.m. by calling the Court's dedicated conference call line at (888) 363-4749, using access code 542-1540 followed by the pound (#) key. Members of the public and press may attend using the same dial-in information; they will be placed in listen-only mode. The parties are reminded to follow the procedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. Among other things, those procedures require counsel to provide advance notice of who will participate in the conference and the telephone numbers they will use to participate. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
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Filing 85
JOINT LETTER addressed to Judge Jesse M. Furman from Keith Brandofino and Howard E. Cotton dated September 3, 2021 re: Status Regarding Settlement. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 9/2/2021. (rch)
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Filing 84
MEMO ENDORSEMENT on re: #83 Letter Status of Settlement Discussions, filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5. ENDORSEMENT : The parties shall file a letter updating the Court on the status of settlement discussions no later than September 3, 2021. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/26/21) (yv)
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Filing 83
JOINT LETTER addressed to Judge Jesse M. Furman from Keith M. Brandofino and Howard E. Cotton dated 08/25/2021 re: Status of Settlement Discussions. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 82
NOTICE OF CHANGE OF ADDRESS by Keith Michael Brandofino on behalf of Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5. New Address: Holland & Knight LLP, 900 Third Avenue, 20th Fl, New York, New York, United States 10022, 212-751-3001..(Brandofino, Keith)
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Filing 81
ORDER granting #80 Letter Motion to Adjourn Conference. Conference adjourned to September 2, 2021 at 10:00 a.m. Submissions due August 27, 2021. So Order. ( Settlement Conference set for 9/2/2021 at 10:00 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/30/21) (yv)
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Filing 80
LETTER MOTION to Adjourn Conference re: Settlement Conference Scheduled for August 17, 2021 addressed to Magistrate Judge Gabriel W. Gorenstein from Michael S. Gordon dated July 30, 2021. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Gordon, Michael)
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Filing 79
ORDER SCHEDULING SETTLEMENT CONFERENCE: A telephonic settlement conference in this matter is scheduled for Tuesday, August 17, 2021 at 2:30 p.m. The Court will provide to the parties dial-in information separately by email. Counsel must read the Court's "Standing Order Applicable to Telephonic Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. The parties should also note that paragraph 3 of the Standing Order requires certain written submissions, which must be received by the Court and opposing counsel no later than midnight four business days before the conference: that is, August 11, 2021. And as set forth herein. SO ORDERED. Settlement Conference set for 8/17/2021 at 02:30 PM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/29/2021) (ama)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held via teleconference on 7/28/2021. Keith M. Brandofino and David V. Mignardi present for Plaintiff. Howard E. Cotton and Michael S. Gordon present for Defendants. (ab)
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Filing 78
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. The parties are directed to contact the chambers of Magistrate Judge Gorenstein no later than July 29, 2021 to schedule a settlement conference to take place by early September 2021. As discussed during the conference held earlier today, the parties shall file a letter updating the Court on the status of settlement discussions no later than August 25, 2021. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/28/2021) (jca)
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Filing 77
ORDER, The parties shall appear for a status conference on July 28, 2021 at 3:30 p.m. to discuss, among other thing, whether there is anything the Court can do to facilitate settlement of the dispute. The conference scheduled will be held remotely by telephone in accordance with Rule 2(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices, including Rule 2(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED. ( Telephone Conference set for 7/28/2021 at 03:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/26/21) (yv)
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Filing 76
JOINT LETTER addressed to Judge Jesse M. Furman from Keith M. Brandofino and Howard E. Cotton dated July 23, 2021 re: Court's July 12, 2021 Order. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 75
ORDER. It is hereby ORDERED that no later than July 23, 2021, the parties shall file on ECF a joint letter, described below, updating the Court on the status of the case. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/12/21) (yv)
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NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Andrew L. Carter, Jr is no longer assigned to the case. (vba)
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Filing 74
LETTER addressed to Judge Andrew L. Carter, Jr. from Howard E. Cotton dated July 2, 2021 re: Response to Plaintiff's July 1, 2021 "Notification" Letter. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 73
LETTER addressed to Judge Andrew L. Carter, Jr. from Keith M. Brandofino dated July 1, 2021 re: Plaintiff's Letter Informing Court of End of Executive Order Moratorium. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 72
ORDER TO STRIKE: The Scheduling Order was filed in the wrong case, strike docket number 71. (Signed by Magistrate Judge Ona T. Wang on 5/18/2021) (rro)
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Filing 71
***STRICKEN DOCUMENT. Document number #71 has been stricken from the case record. The document was stricken from this case pursuant to #72 Order . SCHEDULING ORDER: The Court will hold a PreSettlement Conference Scheduling Call on Thursday, June 10, 2021 at 11:00 a.m. The dial in information is (866) 3901828, access code 1582687. SO ORDERED. (Telephone Conference set for 6/10/2021 at 11:00 AM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 5/18/2021) (rro) Modified on 5/18/2021 (rro).
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Filing 70
LETTER addressed to Judge Andrew L. Carter, Jr. from Keith M. Brandofino dated 04/14/2021 re: Pre-Answer Motion to Dismiss. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 69
ORDER denying without prejudice #67 Motion for Conference. The Court is in receipt of Plaintiff's second letter motion for a conference to seek leave to file a motion for the appointment of a receiver, ECF No. 67, and Defendants' response, ECF No. 68. Plaintiff's request is DENIED without prejudice pending the Court's decision on the motion to dismiss open in this matter. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/29/2020) (ks)
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Filing 68
LETTER addressed to Judge Andrew L. Carter, Jr. from Howard E. Cotton dated December 21, 2020 re: Opposition to Plaintiff's December 16, 2020 Pre-Motion Conference Letter Seeking Leave to File a Motion for the Appointment of a Receiver. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 67
SECOND LETTER MOTION for Conference for leave to file a motion seeking the appointment of a receiver addressed to Judge Andrew L. Carter, Jr. from Keith M. Brandofino dated 12/16/2020. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5. (Attachments: #1 Exhibit Complaint).(Brandofino, Keith)
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Filing 66
REPLY MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss for Lack of Subject Matter Jurisdiction. . Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 65
MEMORANDUM OF LAW in Opposition re: #61 MOTION to Dismiss for Lack of Subject Matter Jurisdiction. . Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 64
DECLARATION of Keith M. Brandofino in Opposition re: #61 MOTION to Dismiss for Lack of Subject Matter Jurisdiction.. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5. (Attachments: #1 Exhibit Complaint, #2 Exhibit Pooling and Servicing Agreement).(Brandofino, Keith)
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Filing 63
MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss for Lack of Subject Matter Jurisdiction. . Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 62
AFFIDAVIT of Robin Eshaghpour in Support re: #61 MOTION to Dismiss for Lack of Subject Matter Jurisdiction.. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust. (Attachments: #1 Exhibit A- Notice of Default and Intent of Foreclosure, #2 Exhibit B- Loan Agreement between the Owner LLCs and Citi Real Estate Funding Inc., #3 Exhibit C- Notice of Acceleration, #4 Exhibit D- Excerpts from the Pooling and Servicing Agreement, #5 Exhibit E- Excerpts from a Prospectus, #6 Exhibit F- Midlands Summary and Commentary).(Cotton, Howard)
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Filing 61
MOTION to Dismiss for Lack of Subject Matter Jurisdiction. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 60
ORDER granting #58 Letter Motion for Extension of Time. The Court is in receipt of the parties' letters regarding Defendants' request for extension of time to file its motion to dismiss. ECF No. 58, 59. The Court hereby GRANTS an extension of one week on the briefing schedule set in its August 18, 2020 Order. Motions due by 10/13/2020. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/28/2020) (rj)
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Set/Reset Deadlines: Responses due by 10/27/2020 Replies due by 11/10/2020. (rj)
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Filing 59
LETTER addressed to Judge Andrew L. Carter, Jr. from Keith M. Brandofino dated 09/25/2020 re: Letter in Response to Defendants' Extension Request. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 58
LETTER MOTION for Extension of Time for Borrower Defendants to File Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Howard E. Cotton dated September 25, 2020. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 57
NOTICE OF LIS PENDENS. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5. Other Court Name: United States District Court - Southern District of New York..(Brandofino, Keith)
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Filing 56
ORDER denying #54 Letter Motion for Conference. The Court is in receipt of Defendants' letter seeking a pre-motion conference to request leave to file a motion to dismiss Plaintiff's complaint for lack of subject matter jurisdiction, ECF No. 54, and Plaintiffs response, ECF No. 55. Upon careful consideration, Defendants' request for pre--motion conference is DENIED. The Court grants Defendants leave to file a motion to dismiss. The Parties are directed to follow the below schedule: Defendants' Motion: September 29, 2020 Plaintiffs' Response: October 13, 2020, Defendants' Reply: October 20, 2020. (Signed by Judge Andrew L. Carter, Jr on 8/18/2020) (rj)
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Set/Reset Deadlines: Motions due by 9/29/2020. Responses due by 10/13/2020 Replies due by 10/20/2020. (rj)
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Filing 55
LETTER addressed to Judge Andrew L. Carter, Jr. from Keith M. Brandofino dated 07/27/2020 re: in Response to Defendant's Pre-Motion Conference Letter. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 54
LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Andrew L. Carter, Jr. from Howard E. Cotton dated July 22, 2020. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 53
ORDER denying without prejudice #30 LETTER MOTION for Conference for leave to file a motion seeking the appointment of a receiver. The Court is in receipt of the Parties' letters regarding Plaintiff's request for leave to file a motion seeking the appointment of a receiver. ECF Nos. 30, 48. Plaintiff's request is DENIED without prejudice pending Defendants answer or other response to the Complaint, due July 22, 2020. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/8/2020) (jca)
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Filing 52
NOTICE OF APPEARANCE by David Vincent Mignardi on behalf of Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Mignardi, David)
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Filing 51
NOTICE OF CHANGE OF ADDRESS by Keith Michael Brandofino on behalf of Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5. New Address: Thompson & Knight LLP, 900 Third Avenue, 20th Floor, New York, NY, USA 10022, 212-751-3001..(Brandofino, Keith)
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Filing 50
ORDER granting #49 Letter Motion for Extension of Time to Answer re #1 Complaint. SO ORDERED., 115 Owner LLC answer due 7/22/2020; 1160 Owner LLC answer due 7/22/2020; 191 Owner LLC answer due 7/22/2020; 245-02 Owner LLC answer due 7/22/2020; 49 Owner LLC answer due 7/22/2020; 621 Owner LLC answer due 7/22/2020; 74-01 Owner LLC answer due 7/22/2020; 90-55 Owner LLC answer due 7/22/2020; 90-59 Owner LLC answer due 7/22/2020; Robin Eshaghpour answer due 7/22/2020; The Robin Eshaghpour Revocable Trust answer due 7/22/2020. (Signed by Judge Andrew L. Carter, Jr on 6/30/2020) (rj)
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Filing 49
LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Judge Andrew L. Carter, Jr. from Howard E. Cotton dated June 29, 2020. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 48
LETTER addressed to Judge Andrew L. Carter, Jr. from Howard E. Cotton dated June 10, 2020 re: Opposition to the May 20, 2020 Pre-Motion Conference Letter Seeking Leave to File a Motion for the Appointment of a Receiver. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 47
AFFIDAVIT OF SERVICE. The Robin Eshaghpour Revocable Trust served on 5/11/2020, answer due 6/1/2020. Service was accepted by Joe Conrad. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 46
AFFIDAVIT OF SERVICE. Robin Eshaghpour served on 5/11/2020, answer due 6/1/2020. Service was accepted by Joe Conrad. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 45
AFFIDAVIT OF SERVICE. Ripco Real Estate LLC served on 5/8/2020, answer due 5/29/2020. Service was accepted by Nancy Dougherty. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 44
AFFIDAVIT OF SERVICE. New York City Environmental Control Board served on 3/19/2020, answer due 4/9/2020. Service was accepted by B. Mazyck. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 43
AFFIDAVIT OF SERVICE. 1160 Owner LLC served on 5/11/2020, answer due 7/1/2020. Service was accepted by Heather Howie. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 42
AFFIDAVIT OF SERVICE. 621 Owner LLC served on 5/11/2020, answer due 7/1/2020. Service was accepted by Heather Howie. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 41
AFFIDAVIT OF SERVICE. 245-02 Owner LLC served on 5/11/2020, answer due 7/1/2020. Service was accepted by Heather Howie. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 40
AFFIDAVIT OF SERVICE. 191 Owner LLC served on 5/11/2020, answer due 7/1/2020. Service was accepted by Heather Howie. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 39
AFFIDAVIT OF SERVICE. 115 Owner LLC served on 5/11/2020, answer due 7/1/2020. Service was accepted by Heather Howie. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 38
AFFIDAVIT OF SERVICE. 90-59 Owner LLC served on 5/11/2020, answer due 7/1/2020. Service was accepted by Heather Howie. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 37
AFFIDAVIT OF SERVICE. 90-55 Owner LLC served on 5/11/2020, answer due 7/1/2020. Service was accepted by Heather Howie. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 36
AFFIDAVIT OF SERVICE. 74-01 Owner LLC served on 5/11/2020, answer due 7/1/2020. Service was accepted by Heather Howie. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 35
AFFIDAVIT OF SERVICE. 49 Owner LLC served on 5/11/2020, answer due 7/1/2020. Service was accepted by Heather Howie. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 34
ORDER granting #33 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/27/2020) (rj)
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Set/Reset Deadlines: 115 Owner LLC answer due 7/1/2020; 1160 Owner LLC answer due 7/1/2020; 191 Owner LLC answer due 7/1/2020; 245-02 Owner LLC answer due 7/1/2020; 49 Owner LLC answer due 7/1/2020; 621 Owner LLC answer due 7/1/2020; 74-01 Owner LLC answer due 7/1/2020; 90-55 Owner LLC answer due 7/1/2020; 90-59 Owner LLC answer due 7/1/2020. (rj)
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Filing 33
LETTER MOTION for Extension of Time to Respond to the May 20, 2020 Pre-Motion Conference Letter and Requesting an Extension of Time to Respond to the Complaint addressed to Judge Andrew L. Carter, Jr. from Howard E. Cotton dated May 26, 2020. Document filed by 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 32
NOTICE OF APPEARANCE by Michael Steven Gordon on behalf of 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Gordon, Michael)
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Filing 31
NOTICE OF APPEARANCE by Howard E. Cotton on behalf of 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, The Robin Eshaghpour Revocable Trust..(Cotton, Howard)
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Filing 30
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference for leave to file a motion seeking the appointment of a receiver addressed to Judge Andrew L. Carter, Jr. from Keith M. Brandofino, Esq. dated 05/20/2020. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5. (Attachments: #1 Exhibit 1 - Decision and Order, #2 Exhibit 2 - Complaint).(Brandofino, Keith) Modified on 7/21/2020 (db).
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Filing 29
ELECTRONIC SUMMONS ISSUED as to The Robin Eshaghpour Revocable Trust..(dnh)
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Filing 28
ELECTRONIC SUMMONS ISSUED as to Robin Eshaghpour..(dnh)
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Filing 27
ELECTRONIC SUMMONS ISSUED as to Ripco Real Estate LLC..(dnh)
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Filing 26
ELECTRONIC SUMMONS ISSUED as to New York City Environmental Control Board..(dnh)
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Filing 25
ELECTRONIC SUMMONS ISSUED as to 1160 Owner LLC..(dnh)
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Filing 24
ELECTRONIC SUMMONS ISSUED as to 621 Owner LLC..(dnh)
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Filing 23
ELECTRONIC SUMMONS ISSUED as to 245-02 Owner LLC..(dnh)
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Filing 22
ELECTRONIC SUMMONS ISSUED as to 191 Owner LLC..(dnh)
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Filing 21
ELECTRONIC SUMMONS ISSUED as to 115 Owner LLC..(dnh)
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Filing 20
ELECTRONIC SUMMONS ISSUED as to 90-59 Owner LLC..(dnh)
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Filing 19
ELECTRONIC SUMMONS ISSUED as to 90-55 Owner LLC..(dnh)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to 74-01 Owner LLC..(dnh)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to 49 Owner LLC..(dnh)
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Filing 16
REQUEST FOR ISSUANCE OF SUMMONS as to The Robin Eshaghpour Revocable Trust, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 15
REQUEST FOR ISSUANCE OF SUMMONS as to Robin Eshaghpour, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 14
REQUEST FOR ISSUANCE OF SUMMONS as to Ripco Real Estate LLC, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to New York City Environmental Control Board, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to 1160 Owner LLC, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to 621 Owner LLC, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to 245-02 Owner LLC, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to 191 Owner LLC, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to 115 Owner LLC, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to 90-59 Owner LLC, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to 90-55 Owner LLC, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to 74-01 Owner LLC, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to 49 Owner LLC, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5..(Brandofino, Keith)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(pne)
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Magistrate Judge Gabriel W. Gorenstein 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. (pne)
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Case Designated ECF. (pne)
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***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 $57,375,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000 (MAXIMUM DOLLAR AMOUNT ACCEPTED ON CM ECF). (pne)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Keith Michael Brandofino. The party information for the following party/parties has been modified: Wilmington Trust, National Association, As Trustee for the Benefit of the Registered Holders of Benchmark 2018-B5 Mortgage Trust, Commerical Mortgage Pass-Through Certificates, Series 2018-B5. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (pne)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wilmington Trust Corporation, Corporate Parent M&T Bank Corporation for WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF BENCHMARK 2018-B5 MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2018-B5, acting. Document filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF BENCHMARK 2018-B5 MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2018-B5, acting..(Brandofino, Keith)
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Filing 2
CIVIL COVER SHEET filed..(Brandofino, Keith)
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Filing 1
COMPLAINT against 115 Owner LLC, 1160 Owner LLC, 191 Owner LLC, 245-02 Owner LLC, 49 Owner LLC, 621 Owner LLC, 74-01 Owner LLC, 90-55 Owner LLC, 90-59 Owner LLC, Robin Eshaghpour, New York City Environmental Control Board, Ripco Real Estate LLC, The Robin Eshaghpour Revocable Trust. (Filing Fee $ 400.00, Receipt Number ANYSDC-19069122)Document filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF BENCHMARK 2018-B5 MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2018-B5, acting..(Brandofino, Keith)
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