U.S. Bank National Association v. Keybank, National Assication
Plaintiff: U.S. Bank National Association, As Trustee, As Successor In Interest To Bank Of America, N.A., As Trustee For The Registered Holders Of Credit Suisse First Boston Mortgage Securities Corp., Commercial and U.S. Bank National Association
Defendant: Berkadia Commercial Mortgage, LLC, Keybank, National Association, As Successor By Merger To Keycorp Real Estate Capital Markets, Inc. and Keybank, National Association
Case Number: 1:2020cv03577
Filed: May 7, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Contract: Other
Cause of Action: 28:1332bc
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2020 Opinion or Order Filing 46 MEMO ENDORSEMENT on re: #43 Letter, filed by Berkadia Commercial Mortgage, LLC. ENDORSEMENT: GRANTED. Defendant may file a reply memorandum not exceeding 20 pages. SO ORDERED. (Signed by Judge Analisa Torres on 9/8/2020) (kv)
September 8, 2020 Filing 45 NOTICE OF APPEARANCE by John Samuel Craig on behalf of U.S. Bank National Association..(Craig, John)
September 4, 2020 Filing 44 LETTER addressed to Judge Analisa Torres from Partha P. Chattoraj dated September 4, 2020 re: Response to September 4, 2020 Letter Filed by Defendant Berkadia Commercial Mortgage, LLC (ECF Doc. No. 43). Document filed by U.S. Bank National Association..(Chattoraj, Partha)
September 4, 2020 Filing 43 LETTER addressed to Judge Analisa Torres from H. Peter Haveles, Jr. dated 9/4/2020 re: Page limit of Plaintiff's Memorandum of Law in Opposition to Berkadia's Motion to Dismiss. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
September 2, 2020 Filing 42 DECLARATION of Partha P. Chattoraj in Opposition re: #38 MOTION to Dismiss First Amended Complaint, or, in Alternative, to Stay Proceeding., #35 MOTION to Dismiss The First Amended Complaint.. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit A (Bronx Supreme Court Order dated Feb. 13, 2019), #2 Exhibit B (Bronx Supreme Court Order dated June 21, 2019)).(Chattoraj, Partha)
September 2, 2020 Filing 41 MEMORANDUM OF LAW in Opposition re: #38 MOTION to Dismiss First Amended Complaint, or, in Alternative, to Stay Proceeding. . Document filed by U.S. Bank National Association..(Chattoraj, Partha)
September 2, 2020 Filing 40 MEMORANDUM OF LAW in Opposition re: #35 MOTION to Dismiss The First Amended Complaint. . Document filed by U.S. Bank National Association..(Chattoraj, Partha)
August 5, 2020 Filing 39 MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss First Amended Complaint, or, in Alternative, to Stay Proceeding. . Document filed by Keybank, National Association. (Attachments: #1 Exhibit A - State Court Order, #2 Exhibit B - Appellate Order, #3 Exhibit C - June 20, 2019 Decision and Order, #4 Exhibit D - July 12, 2019 Decision and Order, #5 Exhibit E - Second Circuit Summary Order, #6 Exhibit F - PSA, #7 Exhibit G - Executive Order 202.8, #8 Exhibit H - Administrative Order 68/20).(Jackson, Aaron)
August 5, 2020 Filing 38 MOTION to Dismiss First Amended Complaint, or, in Alternative, to Stay Proceeding. Document filed by Keybank, National Association. Responses due by 9/2/2020.(Jackson, Aaron)
August 5, 2020 Filing 37 DECLARATION of H. Peter Haveles, Jr. in Support re: #35 MOTION to Dismiss The First Amended Complaint.. Document filed by Berkadia Commercial Mortgage, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B- Part 1, #3 Exhibit B - Part 2).(Haveles, H.)
August 5, 2020 Filing 36 MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss The First Amended Complaint. . Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
August 5, 2020 Filing 35 MOTION to Dismiss The First Amended Complaint. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
July 8, 2020 Opinion or Order Filing 34 ORDER granting #33 Motion for Amy E. Hatch to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (jw)
July 8, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Amy E. Hatch to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20603365. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
July 8, 2020 Filing 33 MOTION for Amy E. Hatch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20603365. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keybank, National Association. (Attachments: #1 Declaration of Amy E. Hatch in Support of Motion to Admit Counsel Pro Hac Vice, #2 Text of Proposed Order).(Hatch, Amy)
July 8, 2020 Opinion or Order Filing 32 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). 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 is five (5) trial days. Deposition due by 12/18/2020. Fact Discovery due by 12/18/2020. Expert Discovery due by 2/1/2021. Case Management Conference set for 1/6/2021 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 7/8/2020) (kv)
July 8, 2020 Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 7/8/2020. (jw)
July 8, 2020 Opinion or Order Filing 31 ORDER: Having reviewed the parties' letters at ECF Nos. 20, 21, 27, and 28 it is hereby ORDERED that: 1. By August 5, 2020, Defendants shall file their motions to dismiss; 2. By September 2, 2020, Plaintiff shall file its oppositions; and 3. By September 16, 2020, Defendants shall file their replies, if any. SO ORDERED. Motions due by 8/5/2020. Responses due by 9/2/2020 Replies due by 9/16/2020. (Signed by Judge Analisa Torres on 7/8/2020) (kv)
July 7, 2020 Opinion or Order Filing 30 ORDER granting #26 Motion for Aaron C. Jackson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (jw)
July 7, 2020 Filing 29 LETTER addressed to Judge Analisa Torres from Partha P. Chattoraj dated July 7, 2020 re: Diversity Subject Matter Jurisdiction. Document filed by U.S. Bank National Association..(Chattoraj, Partha)
July 7, 2020 Filing 28 LETTER addressed to Judge Analisa Torres from Partha P. Chattoraj dated July 7, 2020 re: Response to KeyBank Pre-Motion Letter (ECF Doc. No. 21). Document filed by U.S. Bank National Association..(Chattoraj, Partha)
July 7, 2020 Filing 27 LETTER addressed to Judge Analisa Torres from Partha P. Chattoraj dated July 7, 2020 re: Response to Berkadia Pre-Motion Letter (ECF Doc. No. 20). Document filed by U.S. Bank National Association..(Chattoraj, Partha)
July 7, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Aaron C. Jackson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-20585005. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
July 7, 2020 Filing 26 MOTION for Aaron C. Jackson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-20585005. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keybank, National Association. (Attachments: #1 Declaration of Aaron C. Jackson in Support om Motion to Admit Counsel Pro Hac Vice, #2 Text of Proposed Order).(Jackson, Aaron)
July 7, 2020 Filing 25 NOTICE OF APPEARANCE by Jason A. Nagi on behalf of Keybank, National Association..(Nagi, Jason)
July 2, 2020 Filing 24 NOTICE OF APPEARANCE by Caroline Aisling Incledon on behalf of Berkadia Commercial Mortgage, LLC..(Incledon, Caroline)
July 1, 2020 Filing 23 PROPOSED CASE MANAGEMENT PLAN. Document filed by U.S. Bank National Association..(Chattoraj, Partha)
July 1, 2020 Filing 22 JOINT LETTER addressed to Judge Analisa Torres from Partha P. Chattoraj, on behalf of all parties dated July 1, 2020 re: Joint Status Letter Pursuant to May 22, 2020 Initial Pretrial Conference Order (ECF Doc. No. 11). Document filed by U.S. Bank National Association..(Chattoraj, Partha)
June 29, 2020 Filing 21 LETTER addressed to Judge Analisa Torres from Jason A. Nagi dated June 29, 2020 re: Motion to Dismiss. Document filed by Keybank, National Association..(Nagi, Jason)
June 29, 2020 Filing 20 LETTER addressed to Judge Analisa Torres from H. Peter Haveles, Jr. dated 6/29/2020 re: pre-motion letter. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
June 22, 2020 Opinion or Order Filing 19 MEMO ENDORSEMENT on re: #18 Letter filed by Keybank, National Association. ENDORSEMENT: GRANTED. By June 29, 2020, Defendant KeyBaank National Association shall answer or otherwise respond to the complaint. SO ORDERED. Keybank, National Association answer due 6/29/2020. (Signed by Judge Analisa Torres on 6/22/2020) (kv)
June 22, 2020 Filing 18 LETTER addressed to Judge Analisa Torres from Jason A. Nagi dated June 19, 2020 re: agreed extension of time to respond to complaint. Document filed by Keybank, National Association..(Nagi, Jason)
June 4, 2020 Opinion or Order Filing 17 ORDER granting #16 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Analisa Torres from H. Peter Haveles, Jr. dated 6/3/2020. Document filed by Berkadia Commercial Mortgage, LLC. GRANTED. By June 29, 2020, Defendant Berkadia shall answer or otherwise respond to the complaint. SO ORDERED. Berkadia Commercial Mortgage, LLC answer due 6/29/2020. (Signed by Judge Analisa Torres on 6/4/2020) (rjm)
June 3, 2020 Filing 16 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Analisa Torres from H. Peter Haveles, Jr. dated 6/3/2020. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
June 3, 2020 Filing 15 NOTICE OF APPEARANCE by H. Peter Haveles, Jr on behalf of Berkadia Commercial Mortgage, LLC..(Haveles, H.)
June 3, 2020 Filing 14 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Keybank, National Association served on 5/11/2020, answer due 6/1/2020. Service was accepted by Amy Hatch, Polsinelli PC, counsel to Defendant KeyBank, National Association. Document filed by U.S. Bank National Association..(Chattoraj, Partha)
May 22, 2020 Opinion or Order Filing 13 ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 5/22/2020) (cf)
May 22, 2020 Opinion or Order Filing 12 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 5/22/2020) (cf)
May 22, 2020 Opinion or Order Filing 11 INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 7/8/2020 at 12:00 PM to be held telephonically before Judge Analisa Torres. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 5/22/2020) (cf)
May 20, 2020 Filing 10 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Berkadia Commercial Mortgage, LLC served on 5/19/2020, answer due 6/9/2020. Service was accepted by Sue Zouky, Business Document Specialist, Office of New York Secretary of State. Document filed by U.S. Bank National Association..(Chattoraj, Partha)
May 8, 2020 Filing 9 FIRST AMENDED COMPLAINT amending #1 Complaint, against Berkadia Commercial Mortgage, LLC, Keybank, National Association.Document filed by U.S. Bank National Association. Related document: #1 Complaint,..(Chattoraj, Partha)
May 8, 2020 Filing 8 ELECTRONIC SUMMONS ISSUED as to Berkadia Commercial Mortgage, LLC..(pc)
May 8, 2020 Filing 7 ELECTRONIC SUMMONS ISSUED as to Keybank, National Association..(pc)
May 8, 2020 Filing 6 NOTICE OF APPEARANCE by Lawrence P. Gottesman on behalf of U.S. Bank National Association..(Gottesman, Lawrence)
May 8, 2020 Case Designated ECF. (pc)
May 8, 2020 Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
May 8, 2020 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..(pc)
May 8, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Partha Pratim Chattoraj. The party information for the following party/parties has been modified: Keybank, National Association, As Successor By Merger To Keycorp Real Estate Capital Markets, Inc., U.S. Bank National Association, As Trustee, As Successor In Interest To Bank Of America, N.A., As Trustee For The Registered Holders Of Credit Suisse First Boston Mortgage Securities Corp., Commercial. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
May 7, 2020 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Berkadia Commercial Mortgage, LLC, re: #1 Complaint,. Document filed by U.S. Bank National Association, As Trustee, As Successor In Interest To Bank Of America, N.A., As Trustee For The Registered Holders Of Credit Suisse First Boston Mortgage Securities Corp., Commercial..(Chattoraj, Partha)
May 7, 2020 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Keybank, National Association, re: #1 Complaint,. Document filed by U.S. Bank National Association, As Trustee, As Successor In Interest To Bank Of America, N.A., As Trustee For The Registered Holders Of Credit Suisse First Boston Mortgage Securities Corp., Commercial..(Chattoraj, Partha)
May 7, 2020 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association, As Trustee, As Successor In Interest To Bank Of America, N.A., As Trustee For The Registered Holders Of Credit Suisse First Boston Mortgage Securities Corp., Commercial. Document filed by U.S. Bank National Association, As Trustee, As Successor In Interest To Bank Of America, N.A., As Trustee For The Registered Holders Of Credit Suisse First Boston Mortgage Securities Corp., Commercial..(Chattoraj, Partha)
May 7, 2020 Filing 2 CIVIL COVER SHEET filed..(Chattoraj, Partha)
May 7, 2020 Filing 1 COMPLAINT against Berkadia Commercial Mortgage, LLC, Keybank, National Association, As Successor By Merger To Keycorp Real Estate Capital Markets, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-19748117)Document filed by U.S. Bank National Association, As Trustee, As Successor In Interest To Bank Of America, N.A., As Trustee For The Registered Holders Of Credit Suisse First Boston Mortgage Securities Corp., Commercial..(Chattoraj, Partha)

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Defendant: Berkadia Commercial Mortgage, LLC
Represented By: H. Peter Haveles, Jr
Represented By: Caroline Aisling Incledon
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Defendant: Keybank, National Association, As Successor By Merger To Keycorp Real Estate Capital Markets, Inc.
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Defendant: Keybank, National Association
Represented By: Aaron Cooper Jackson
Represented By: Amy Hatch
Represented By: Jason A. Nagi
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Plaintiff: U.S. Bank National Association, As Trustee, As Successor In Interest To Bank Of America, N.A., As Trustee For The Registered Holders Of Credit Suisse First Boston Mortgage Securities Corp., Commercial
Represented By: Partha Pratim Chattoraj
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Plaintiff: U.S. Bank National Association
Represented By: Partha Pratim Chattoraj
Represented By: Lawrence P. Gottesman
Represented By: John Samuel Craig
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