170 Mercer LLC v. Rialto Capital Advisors, LLC et al
| 170 Mercer LLC |
| Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Capital I Trust 2019-L2, Commercial Mortgage Pass-Through Certificates, Series 2019-L2, Rialto Capital Advisors, LLC and Wells Fargo Bank National Association |
| 1:2020cv02496 |
| March 23, 2020 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Alison J Nathan |
| Contract: Other |
| 28 U.S.C. § 1332 oc Diversity-Other Contract |
| None |
Docket Report
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Filing 61
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Wells Fargo Bank National Association, Rialto Capital Advisors, LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Wells Fargo Bank National Association, Rialto Capital Advisors, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Fialkow, David)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney David Fialkow. RE-FILE Document No. #60 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): (1) the individual party/parties whom the voluntary dismissal is against was/were not selected; (2) the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp)
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Filing 60
FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Wells Fargo Bank National Association, Rialto Capital Advisors, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Fialkow, David) Modified on 9/1/2022 (tp).
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Filing 59
ORDER: granting #58 Letter Motion for Conference re: #58 FIRST LETTER MOTION for Conference. addressed to Judge P. Kevin Castel from Jonathan Schwartzman dated July 6, 2022. Time to reopen is extended to August 31, 2022 (FINAL). Thereafter, the solution is to reopen the case and litigate it to final judgment. There is no " in- between" solution. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/06/2022) (ama)
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Set/Reset Deadlines: Motions due by 8/31/2022. (ama)
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Filing 58
FIRST LETTER MOTION for Conference addressed to Judge P. Kevin Castel from Jonathan Schwartzman dated July 6, 2022. Document filed by 170 Mercer LLC..(Schwartzman, Jonathan)
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Filing 57
ORDER: granting #56 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/15/2022) (ama)
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Filing 56
SECOND LETTER MOTION for Extension of Time to File Settlement Agreement addressed to Judge P. Kevin Castel from Jonathan Schwartzman dated June 16, 2022. Document filed by 170 Mercer LLC..(Schwartzman, Jonathan)
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Filing 55
ORDER granting #54 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/7/2022) (vfr) Modified on 6/8/2022 (vfr).
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Filing 54
FIRST LETTER MOTION for Extension of Time to File Settlement Agreement addressed to Judge P. Kevin Castel from Jonathan Schwartzman dated June 6, 2022. Document filed by 170 Mercer LLC..(Schwartzman, Jonathan)
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Filing 53
ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled in principle, 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 within forty-five days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within forty-five days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, 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 within the same forty-five day period to be "so ordered" by the Court. 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 conference are vacated. The Clerk of Court is directed to close the case. SO ORDERED (Signed by Judge P. Kevin Castel on 4/21/2022) (ama)
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Filing 52
ORDER: granting #51 Letter Motion for Leave to File Document. File Motion and proposed schedule. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/20/2022) (ama)
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Set/Reset Deadlines: Motions due by 5/13/2022. Responses due by 6/3/2022 Replies due by 6/13/2022. (ama)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference held on 4/21/2022 at 9:30 a.m. (rsh)
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Filing 51
LETTER MOTION for Leave to File motion for leave to amend answer addressed to Judge P. Kevin Castel from David E. Fialkow dated April 19, 2022. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association..(Fialkow, David)
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Filing 50
NOTICE to parties: Please note the scheduled Settlement conference for Thursday, April 21, 2022, at 9:30 a.m. will be conducted via Microsoft Teams. A link will be sent to the parties one week prior to the conference. (rsh)
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Filing 49
ORDER: The Court is aware that the parties have a scheduled settlement conference before the Magistrate Judge for April 21, 2022. Any stay of discovery heretofore in place is vacated. The two remaining fact depositions referenced in the October 7, 2021 letter shall be completed by May 13, 2022, which is the date for the close of fact discovery. If any party seeks to move for summary judgment, it shall file a pre-motion letter by May 27, 2022. All expert discovery shall be completed by August 19, 2022. The making of a summary judgment motion will not stay expert discovery. The next conference will be June 15, 2022 at 4pm in Courtroom 11D. SO ORDERED., ( Deposition due by 5/13/2022., Expert Discovery due by 8/19/2022., Fact Discovery due by 5/13/2022., Motions due by 5/27/2022., Status Conference set for 6/15/2022 at 04:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/04/2022) (ama)
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NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Alison J. Nathan is no longer assigned to the case. (laq)
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Filing 48
ORDER granting #47 Letter Motion to Adjourn Conference. Settlement Conference set for 4/21/2022 at 9:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than April 14, 2022, by 5:00 p.m. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (rsh).
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Filing 47
FIRST LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Robert W. Lehrburger from Jonathan Schwartzman dated March 3, 2022. Document filed by 170 Mercer LLC..(Schwartzman, Jonathan)
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Filing 46
NOTICE of Hearing: Settlement Conference set for 3/10/2022 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. The Settlement conference will be conducted via Microsoft Teams. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than March 3, 2022, by 5:00 p.m.(rsh)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference held on 1/20/2022 at 9:30 a.m. (rsh)
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Filing 45
NOTICE of Hearing: Settlement Conference set for 1/20/2022 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. The Settlement conference will be conducted via Microsoft Teams. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than January 13, 2022, by 5:00 p.m.(rsh)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference held on 11/22/2021 at 1:30 p.m. (rsh)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Pre-Settlement Telephone Conference held on 10/28/2021 at 11:00 a.m. (rsh)
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Filing 44
NOTICE of Hearing: Settlement Conference set for 11/22/2021 at 1:30 PM before Magistrate Judge Robert W. Lehrburger. The Settlement conference will be conducted via Microsoft Teams. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than November 15, 2021, by 5:00 p.m.(rsh)
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Filing 43
NOTICE of Hearing: Pre-Settlement Telephone Conference set for 10/28/2021 at 11:00 AM before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review and adhere to Judge Lehrburger's Individual Practices and Settlement Conference Procedures. The parties shall call the teleconference line at (888)-398-2342 and enter access code: 9543348.(rsh)
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Filing 42
MEMO ENDORSEMENT on re: #40 Letter, filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association. ENDORSEMENT: The conference scheduled for October 15, 2021, is adjourned sine die. The Court GRANTS the parties' joint request to complete discovery and amend pleadings within three weeks of the completion of the settlement conference. The parties shall jointly file an update on the status of settlement by December 7, 2021, or, if earlier, within 10 days of the completion of the settlement conference. That status update shall additionally propose a schedule for conducting any expert discovery. The Court will refer this case to Magistrate Judge Lehrburger for settlement under separate order. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/7/2021) (va)
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Filing 41
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 Robert W. Lehrburger. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/7/2021) (vfr)
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Filing 40
JOINT LETTER addressed to Judge Alison J. Nathan from the parties dated October 7, 2021 re: pursuant to October 1, 2021 Order [Dkt.no. 39] regarding the post-discovery status conference scheduled for October 15, 2021. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association..(Fialkow, David)
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Filing 39
ORDER: A post-discovery status conference is scheduled in this case for October 15, 2021, at 3:15 p.m. The proceeding will be held in-person in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. If either counsel believes that the proceeding should be held remotely, counsel should confer with the other side and, no later than three days from this Order, submit a letter request to that effect. It is hereby ordered that within seven days prior to the post-discovery status conference, the parties shall meet and confer and submit a joint letter to the Court. The joint letter shall, as further set forth in this Order. ( Status Conference set for 10/15/2021 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/1/2021) (vfr)
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Filing 38
AMENDMENT TO CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #37 Letter Motion for Extension of Time to Complete Discovery. NOW THEREFORE, IT IS HEREBY ORDERED, that the time period in Paragraph 7 for completion of fact discovery pursuant to Paragraph 7 is extended through and including September 30, 2021; and it is further ORDERED, that the time period for completion of depositions and service of requests to admit pursuant to Paragraph 8(c) and (d) is extended through and including September 30, 2021; and it is further ORDERED that the time period for completion of expert discovery pursuant to Paragraph 9 of the Scheduling Order is extended through and including November 15, 2021, and it is further ORDERED that all other provisions of the Scheduling Order remain unaltered. The case management conference scheduled for September 3, 2021, is adjourned to October 15, 2021, at 3:15 p.m. No further extensions to the discovery schedule in this case will be granted. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/28/2021) (vfr)
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Set/Reset Deadlines: ( Deposition due by 9/30/2021., Expert Discovery due by 11/15/2021., Fact Discovery due by 9/30/2021.), Set/Reset Hearings:( Case Management Conference set for 10/15/2021 at 03:15 PM before Judge Alison J. Nathan.) (vfr)
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Filing 37
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from David E. Fialkow dated July 26, 2021. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association. (Attachments: #1 [Proposed] Amendment to Civil Case Management Plan and Scheduling Order).(Fialkow, David)
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Filing 36
STIPULATION AND CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... Nothing in this Order affects the parties' obligation to comply with Rule 4 of the Court's Individual Practices in Civil Cases governing redactions and filing under seal, or with any of the Court's other Individual Practices as relevant. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/23/2021) (va)
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Filing 35
PROPOSED PROTECTIVE ORDER. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association..(Fialkow, David)
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Filing 34
AMENDMENT TO CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: granting #33 Letter Motion for Extension of Time to Complete Discovery. NOW THEREFORE, IT IS HEREBY ORDERED, that the time period in Paragraph 7 for completion of fact discovery pursuant to Paragraph 7 is extended through and including August 23, 2021; and it is further ORDERED, that the time period for completion of depositions and service of requests to admit pursuant to Paragraph 8(c) and (d) is extended through and including August 23, 2021; and it is further ORDERED that the time period for completion of expert discovery pursuant to Paragraph9 of the Scheduling Order is extended through and including October 8, 2021, and it is further ORDERED that all other provisions of the Scheduling Order remain unaltered. FURTHER ORDERED that a case management conference is scheduled for September 3, 2021, at 3:15 p.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/01/2021) (ama)
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Set/Reset Deadlines: ( Deposition due by 8/23/2021., Expert Discovery due by 10/8/2021., Fact Discovery due by 8/23/2021.), Set/Reset Hearings:( Case Management Conference set for 9/3/2021 at 03:15 PM before Judge Alison J. Nathan.) (ama)
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Filing 33
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from David E. Fialkow dated May 26, 2021. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association. (Attachments: #1 [Proposed] Amendment to Civil Case Mnagement Plan and Scheduling Order).(Fialkow, David)
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Filing 32
ANSWER to #13 Amended Complaint,. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association..(Fialkow, David)
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Filing 31
MEMORANDUM OPINION AND ORDER denying as moot #7 Motion to Dismiss; denying #15 Motion to Dismiss; denying as moot #20 Letter Motion for Oral Argument. For the foregoing reasons, the Court DENIES Rialto's motion to dismiss (Dkt No. 15). The Court DENIES as moot Rialto's earlier motion to dismiss (Dkt. No. 7) filed before Mercer amended its complaint and DENIES as moot the letter motion for oral argument (Dkt. No. 20). The discovery schedule set out in the case management plan entered August 20, 2020 (Dkt. No. 26), as amended on November 17, 2020 (Dkt. No. 30), remains in effect. This resolves Docket Numbers 7, 15, and 20. (Signed by Judge Alison J. Nathan on 3/25/2021) (nb) Modified on 3/25/2021 (nb).
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Filing 30
AMENDMENT TO CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER (ECF Doc. No. 26) granting #29 Letter Motion for Extension of Time to Complete Discovery. IT IS HEREBY ORDERED, that the Scheduling Order is amended to provide that the time period for discovery in Paragraph 8 (a) and (b) for responses to interrogatories and document requests previously propounded is hereby extended for a period of forty-five (45) days from the date this Court issues a decision in a pending motion to dismiss the Amended Complaint, and it is further ORDERED, that the time period for discovery in Paragraph 8(c) and (d) for depositionsand requests to admit are extended for a period of forty-five days from the expiration of the extended time periods of Paragraph 8(a) and (b) as set forth above, and it is further ORDERED that the time for completion of expert discovery pursuant to Paragraph 9 of the Scheduling Order is extended for a period of forty-five (45) days from the extended time period for discovery in Paragraph 8(c) and (d) above, and it is further ORDERED that all other provisions of the Scheduling Order remain unaltered. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/17/2020) (jca)
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Filing 29
FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from Jonathan Schwartzman dated November 16, 2020. Document filed by 170 Mercer LLC. (Attachments: #1 Text of Proposed Order Amended Scheduling Order).(Schwartzman, Jonathan)
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Filing 28
LETTER addressed to Judge Alison J. Nathan from David E. Fialkow dated November 2, 2020 re: pending motion to dismiss. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association..(Fialkow, David)
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Filing 27
MEMO ENDORSEMENT on re: #25 Letter, filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association. ENDORSEMENT: The Initial Pretrial Conference scheduled for August 21, 2020, is adjourned sine die. The Case Management Plan agreed to by the parties will be entered. The Court will decide the pending motion to dismiss in due course and will inform the parties if oral argument is required. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/20/2020) (va)
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Filing 26
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). Fact Discovery due by 12/4/2020. Depositions shall be completed by 12/4/2020. Expert Discovery due by 1/18/2021. Deposition due by 1/18/2021. This case is not to be tried to a jury. (Signed by Judge Alison J. Nathan on 8/20/2020) (va)
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Filing 25
LETTER addressed to Judge Alison J. Nathan from David E. Fialkow dated August 14, 2020 re: joint letter along with their Proposed Case Management Plan and Scheduling Order. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association. (Attachments: #1 Civil Case Management Plan and Scheduling Order).(Fialkow, David)
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Filing 24
ORDER granting #23 Letter Motion to Adjourn Conference. Plaintiffs request is hereby GRANTED. The initial pre-trial conference currently scheduled for August 7, 2020 is hereby adjourned to August 21, 2020 at 3:30 p.m. The joint letter and proposed case management plan may be submitted on or before August 14, 2020. Initial Conference set for 8/21/2020 at 03:30 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 7/30/2020) (cf)
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Filing 23
FIRST LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Jonathan Schwartzman dated July 29, 2020. Document filed by 170 Mercer LLC..(Schwartzman, Jonathan)
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Filing 22
ORDER: In light of the COVID-19 public health crisis, the Court will not hold the upcoming initial pretrial conference in this case in person. Counsel should submit their proposed case management plan and joint letter seven days prior to the scheduled conference, as directed in the Court's Notice of Initial Pretrial Conference. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone, albeit perhaps at a different time than the currently scheduled time. To that end, counsel should indicate in their joint letter all times on the date of the scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison-j-nathan. (Signed by Judge Alison J. Nathan on 7/27/2020) (rro)
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Filing 21
LETTER RESPONSE in Support of Motion addressed to Judge Alison J. Nathan from Jonathan Schwartzman dated May 19, 2020 re: #20 LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from David E. Fialkow dated May 18, 2020. . Document filed by 170 Mercer LLC..(Schwartzman, Jonathan)
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Filing 20
LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from David E. Fialkow dated May 18, 2020. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association..(Fialkow, David)
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Filing 19
REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss Plaintiff 170 Mercer LLC's Amended Complaint. . Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association..(Fialkow, David)
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Filing 18
MEMORANDUM OF LAW in Opposition re: #15 MOTION to Dismiss Plaintiff 170 Mercer LLC's Amended Complaint. . Document filed by 170 Mercer LLC..(Schwartzman, Jonathan)
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Filing 17
MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss Plaintiff 170 Mercer LLC's Amended Complaint. . Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association..(Fialkow, David)
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Filing 16
DECLARATION of David E. Fialkow in Support re: #15 MOTION to Dismiss Plaintiff 170 Mercer LLC's Amended Complaint.. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association. (Attachments: #1 Exhibit A).(Fialkow, David)
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Filing 15
MOTION to Dismiss Plaintiff 170 Mercer LLC's Amended Complaint. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association..(Fialkow, David)
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Filing 14
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, August 7, 2020 at 3:30pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. The parties are hereby ORDERED to ECF file a Proposed Civil Case Management Plan and Scheduling Order no later than seven days prior to the Initial Pretrial Conference. The parties shall use this Court's form Proposed Case Management Plan and Scheduling Order available at the Court's website (http://nysd.uscourts.gov/judge/Nathan). IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan, the parties jointly submit a letter, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth in this Order. Counsel who have noticed an appearance as of the issuance of this order are directed to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules (available at the Court's website, http://nysd.uscourts.gov/judge/Nathan) forthwith. 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 Individual Rules to that party personally. (Initial Conference set for 8/7/2020 at 03:30 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 4/22/20) (yv)
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Filing 13
AMENDED COMPLAINT against Rialto Capital Advisors, LLC, Wells Fargo Bank National Association.Document filed by 170 Mercer LLC. (Attachments: #1 Exhibit Loan Agreement, #2 Exhibit Sale agreement-170 Mercer, #3 Exhibit Financial Statement, #4 Exhibit Resume, #5 Exhibit Lender Reference Letter, #6 Exhibit Guaranty of Recourse Obligation).(Schwartzman, Jonathan)
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Filing 12
LETTER addressed to Judge Alison J. Nathan from Jonathan Schwartzman dated April 9, 2020 re: Amending the Complaint. Document filed by 170 Mercer LLC..(Schwartzman, Jonathan)
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Filing 11
CERTIFICATE OF SERVICE of Motion to Dismiss and supporting documents and Order of United States District Judge Alison J. Nathan, dated March 31, 2020 served on Counsel for Plaintiff 170 Mercer LLC on March 31, 2020. Service was made by Electronic mail. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association..(Chadha, Priya)
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Filing 10
ORDER: On March 30, 2020, Defendants filed a motion to dismiss. Dkt. No. 7. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before April 9, 2020, Plaintiff must notify the Court and its adversary in writing whether (1) Plaintiff intends to file an amended pleading and when it will do so or (2) Plaintiff will rely on the pleading being attacked. Plaintiff is on notice that declining to amend Plaintiff's pleadings to timely respond to a fully briefed argument in Defendants' motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendants' briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If Plaintiff chooses to amend, Defendants may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. Defendants are hereby ordered to serve a copy of this Order on Plaintiff and file proof of service on the docket. (Signed by Judge Alison J. Nathan on 3/31/2020) (rro)
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Filing 9
MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss Plaintiff 170 Mercer LLC's Complaint. . Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association..(Fialkow, David)
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Filing 8
DECLARATION of David E. Fialkow in Support re: #7 MOTION to Dismiss Plaintiff 170 Mercer LLC's Complaint.. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association. (Attachments: #1 Exhibit A- Loan Agreement).(Fialkow, David)
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Filing 7
MOTION to Dismiss Plaintiff 170 Mercer LLC's Complaint. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank National Association..(Fialkow, David)
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Filing 6
NOTICE OF APPEARANCE by David Edward Fialkow on behalf of Rialto Capital Advisors, LLC, Wells Fargo Bank National Association..(Fialkow, David)
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NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Analisa Torres is no longer assigned to the case. (laq)
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Filing 5
CIVIL COVER SHEET filed..(Chadha, Priya)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Priya Chadha. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding);. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court);. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Priya Chadha to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Priya Chadha. The party information for the following party/parties has been modified: Wells Fargo Bank National Association. The information for the party/parties has been modified for the following reason/reasons: party text was entered incorrectly. (jgo)
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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. (jgo)
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Case Designated ECF. (jgo)
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Filing 4
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 2019-L2, Commercial Mortgage Pass-Through Certificates, Series 2019-L2. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Capital I Trust 2019-L2, Commercial Mortgage Pass-Through Certificates, Series 2019-L2..(Chadha, Priya)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Rialto Management Group, LLC, Other Affiliate Rialto Capital Group Holdings, Inc. for Rialto Capital Advisors, LLC. Document filed by Rialto Capital Advisors, LLC..(Chadha, Priya)
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Filing 2
CIVIL COVER SHEET filed..(Chadha, Priya)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 651368/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-19198598).Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Capital I Trust 2019-L2, Commercial Mortgage Pass-Through Certificates, Series 2019-L2, Rialto Capital Advisors, LLC. (Attachments: #1 State Court Summons and Complaint).(Chadha, Priya)
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| Search for this case: 170 Mercer LLC v. Rialto Capital Advisors, LLC et al | |
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| Plaintiff: 170 Mercer LLC | |
| Represented By: | Jonathan B. Schwartzman |
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| Defendant: Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Capital I Trust 2019-L2, Commercial Mortgage Pass-Through Certificates, Series 2019-L2 | |
| Represented By: | Priya Chadha |
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| Defendant: Rialto Capital Advisors, LLC | |
| Represented By: | Priya Chadha |
| Represented By: | David Edward Fialkow |
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| Defendant: Wells Fargo Bank National Association | |
| Represented By: | Priya Chadha |
| Represented By: | David Edward Fialkow |
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