U.S. Bank National Association v. Keybank, National Assication
| 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 |
| Berkadia Commercial Mortgage, LLC, Keybank, National Association, As Successor By Merger To Keycorp Real Estate Capital Markets, Inc. and Keybank, National Association |
| 1:2020cv03577 |
| May 7, 2020 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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Filing 139
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) Keybank, National Association, Berkadia Commercial Mortgage, LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Keybank, National Association. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Jackson, Aaron)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Aaron Jackson. RE-FILE Document No. #138 Stipulation of Voluntary Dismissal,,. The filing is deficient for the following reason(s): (1) the stipulation of voluntary dismissal was not signed (ink signatures) by all parties who have appeared; (2) PDF attachment does not mention pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. 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 signature image) PDF. (nd)
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Filing 138
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE 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) Keybank, National Association, Berkadia Commercial Mortgage, LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Keybank, National Association. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Jackson, Aaron) Modified on 6/5/2023 (nd).
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Filing 137
ORDER granting #136 Letter Motion for Extension of Time to Answer re #136 CONSENT LETTER MOTION for Extension of Time to File Answer re: #132 Answer to Amended Complaint, Counterclaim addressed to Judge P. Kevin Castel from Partha P. Chattoraj dated May 11, 2023.CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #131 MOTION to Dismiss for Lack of Jurisdiction /Motion to Dismiss KeyBank National Association Under Federal Rule of Civil Procedure 21 for Lack of Subject Matter Jur, #132 Answer to Amended Complaint, Counterclaim; granting #136 Letter Motion for Extension of Time to File Response/Reply re #136 CONSENT LETTER MOTION for Extension of Time to File Answer re: #132 Answer to Amended Complaint, Counterclaim addressed to Judge P. Kevin Castel from Partha P. Chattoraj dated May 11, 2023.CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #131 MOTION to Dismiss for Lack of Jurisdiction /Motion to Dismiss KeyBank National Association Under Federal Rule of Civil Procedure 21 for Lack of Subject Matter Jur, #132 Answer to Amended Complaint, Counterclaim Application Granted. The three deadlines are extended as noted below. SO ORDERED. Berkadia Commercial Mortgage, LLC answer due 6/2/2023. (Responses due by 6/2/2023, Replies due by 6/16/2023.). (Signed by Judge P. Kevin Castel on 5/12/2023) (kv)
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Filing 136
CONSENT LETTER MOTION for Extension of Time to File Answer re: #132 Answer to Amended Complaint, Counterclaim addressed to Judge P. Kevin Castel from Partha P. Chattoraj dated May 11, 2023., CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #131 MOTION to Dismiss for Lack of Jurisdiction /Motion to Dismiss KeyBank National Association Under Federal Rule of Civil Procedure 21 for Lack of Subject Matter Jurisdiction. addressed to Judge P. Kevin Castel from Partha P. Chattoraj dated May 11, 2023. Document filed by U.S. Bank National Association..(Chattoraj, Partha)
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Filing 135
RESPONSE in Support of Motion re: #131 MOTION to Dismiss for Lack of Jurisdiction /Motion to Dismiss KeyBank National Association Under Federal Rule of Civil Procedure 21 for Lack of Subject Matter Jurisdiction. . Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 134
LETTER MOTION for Oral Argument addressed to Judge P. Kevin Castel from Aaron C. Jackson dated May 5, 2023. Document filed by Keybank, National Association..(Jackson, Aaron)
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Filing 133
REPLY to Response to Motion re: #128 MOTION for Reconsideration re; #125 Memorandum & Opinion,,,,, . . Document filed by Keybank, National Association..(Jackson, Aaron)
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Filing 132
ANSWER to #106 Amended Complaint,., COUNTERCLAIM against Berkadia Commercial Mortgage, LLC. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 131
MOTION to Dismiss for Lack of Jurisdiction /Motion to Dismiss KeyBank National Association Under Federal Rule of Civil Procedure 21 for Lack of Subject Matter Jurisdiction. Document filed by Keybank, National Association. Responses due by 5/12/2023 (Attachments: #1 Exhibit A - Torchlight Complaints, #2 Exhibit B - Articles of Association, #3 Exhibit C - National Banks List).(Jackson, Aaron)
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Filing 130
MEMORANDUM OF LAW in Opposition re: #128 MOTION for Reconsideration re; #125 Memorandum & Opinion,,,,, . . Document filed by U.S. Bank National Association..(Chattoraj, Partha)
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Filing 129
RESPONSE in Support of Motion re: #128 MOTION for Reconsideration re; #125 Memorandum & Opinion,,,,, . JOINDER. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 128
MOTION for Reconsideration re; #125 Memorandum & Opinion,,,,, . Document filed by Keybank, National Association..(Jackson, Aaron)
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Filing 127
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by the attorneys for the parties hereto that the time for KeyBank and Berkadia to answer the Third Amended Complaint is extended from April 14, 2023 to April 28, 2023. SO ORDERED., Berkadia Commercial Mortgage, LLC answer due 4/28/2023; Keybank, National Association answer due 4/28/2023. (Signed by Judge P. Kevin Castel on 4/11/2023) (ama)
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Filing 126
PROPOSED STIPULATION AND ORDER. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 125
OPINION AND ORDER: re: #113 MOTION to Dismiss Third-Amended Complaint filed by Berkadia Commercial Mortgage, LLC, #109 MOTION to Dismiss Third Amended Complaint filed by Keybank, National Association. For the reasons explained, the motions to dismiss are GRANTED in part and DENIED in part. The following claims are dismissed as time barred: (1) the second and third causes of action in their entirety; and (2) the first, fourth, fifth, and seventh causes of action to the extent they are based on the appraisals or on Lockbox-related breaches that allegedly occurred prior to March 20, 2014. In addition, plaintiff's appraisal-related claims are barred by collateral estoppel. Therefore, the sixth cause of action seeking indemnification based on the appraisal allegations is also dismissed. The motions are DENIED with respect to: (1) the first, fourth, fifth, and seventh causes of action insofar as they are based on defendants' alleged failure to monitor and take appropriate action with respect to the Fordham Borrowers purported diversion of tenant rent payments from the Lockbox and into its own accounts, allegedly occurring on or after March 20, 2014; and (2) the sixth cause of action insofar as it seeks indemnification for losses incurred as a result of that alleged failure.The Clerk is directed to terminate the motions. (ECF 109; 113.). SO ORDERED. (Signed by Judge P. Kevin Castel on 3/31/2023) (ama)
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Filing 124
ORDER: Each party shall deliver to chambers hard copies of its submissions on the pending motion(s) within 14 days of this Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/07/2022) (ama)
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NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Analisa Torres is no longer assigned to the case. (aea)
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Filing 123
REPLY MEMORANDUM OF LAW in Support re: #109 MOTION to Dismiss Third Amended Complaint. . Document filed by Keybank, National Association. (Attachments: #1 Exhibit A - Executive Order 202.8, #2 Exhibit B - Directive).(Hatch, Amy)
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Filing 122
REPLY MEMORANDUM OF LAW in Support re: #113 MOTION to Dismiss Third-Amended Complaint. . Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 121
DECLARATION of Partha P. Chattoraj in Opposition re: #113 MOTION to Dismiss Third-Amended Complaint., #109 MOTION to Dismiss Third 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)
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Filing 120
MEMORANDUM OF LAW in Opposition re: #113 MOTION to Dismiss Third-Amended Complaint. . Document filed by U.S. Bank National Association..(Chattoraj, Partha)
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Filing 119
MEMORANDUM OF LAW in Opposition re: #109 MOTION to Dismiss Third Amended Complaint. . Document filed by U.S. Bank National Association..(Chattoraj, Partha)
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Filing 118
ORDER granting #117 Letter Motion for Extension of Time; granting #117 Letter Motion for Leave to File Excess Pages. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 5/2/2022) (tg)
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Set/Reset Deadlines: Responses due by 5/4/2022 Replies due by 5/13/2022. (tg)
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Filing 117
JOINT LETTER MOTION for Extension of Time to Unify Briefing Schedules on Motions to Dismiss Third Amended Complaint addressed to Judge Analisa Torres from Partha P. Chattoraj, on behalf of all parties dated April 28, 2022., JOINT LETTER MOTION for Leave to File Excess Pages for Opposition and Reply Papers to Conform with Orders on Prior Motions addressed to Judge Analisa Torres from Partha P. Chattoraj, on behalf of all parties dated April 28, 2022. Document filed by U.S. Bank National Association..(Chattoraj, Partha)
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Filing 116
NOTICE OF APPEARANCE by Ashley Bryne Akapo on behalf of Berkadia Commercial Mortgage, LLC..(Akapo, Ashley)
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Filing 115
MEMORANDUM OF LAW in Support re: #113 MOTION to Dismiss Third-Amended Complaint. . Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 114
DECLARATION of H. Peter Haveles in Support re: #113 MOTION to Dismiss Third-Amended Complaint.. Document filed by Berkadia Commercial Mortgage, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B - part 1 of 3, #3 Exhibit B - part 2 of 3, #4 Exhibit B - part 3 of 3, #5 Exhibit C - part 1 of 2, #6 Exhibit C - part 2 of 2, #7 Exhibit D - part 1 of 4, #8 Exhibit D - part 2 of 4, #9 Exhibit D - part 3 of 4, #10 Exhibit D - part 4 of 4, #11 Exhibit E - part 1 of 2, #12 Exhibit E - part 2 of 2, #13 Exhibit F).(Haveles, H.)
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Filing 113
MOTION to Dismiss Third-Amended Complaint. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 112
STIPULATION AND ORDER TO SUBSTITUTE COUNSEL FOR DEFENDANT BERKADIA COMMERCIAL MORTGAGE, LLC: Defendant Berkadia Commercial Mortgage, LLC ("Berkadia"), along with 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 Mortgage Pass-Through Certificates, Series 2007-C2, acting by and through its Special Servicer, Torchlight Loan Services, LLC and Defendant Keybank, National Association, as Successor by Merger to Keycorp Real Estate Capital Markets, Inc., stipulate and agree as follows: 1. Berkadia is represented in this matter by H. Peter Haveles, Jr., who recently moved from McDermott Will & Emery LLP ("McDermott") to Akerman LLP. 2. Berkadia wishes for Mr. Haveles and Akerman LLP to continue representing Berkadia in this matter, and for McDermott to withdraw as counsel of record. 3. This substitution will not delay this matter or cause prejudice to Berkadia or the other parties. 4. The Committee Note to Local Civil Rule 1.4, titled Withdrawal or Displacement of Attorney of Record, states that the provisions of that Rule are "not meant to preclude substitution of counsel by a stipulation which has been signed by counsel, the counsel's client, and all other parties, and which has been so ordered by the Court." 5. For these reasons, the parties stipulate and agree that McDermott, and the McDermott attorneys of record, Guyon H. Knight and Caroline Incledon, shall no longer appear as counsel of record for Berkadia in this matter. SO ORDERED. Attorney Caroline Aisling Incledon and Guyon H. Knight terminated. (Signed by Judge Analisa Torres on 4/19/2022) (vfr)
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Filing 111
PROPOSED STIPULATION AND ORDER. Document filed by Berkadia Commercial Mortgage, LLC..(Knight, Guyon)
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Filing 110
MEMORANDUM OF LAW in Support re: #109 MOTION to Dismiss Third Amended Complaint. . Document filed by Keybank, National Association. (Attachments: #1 Exhibit 1 - Pooling and Servicing Agreement, #2 Exhibit 2 - Loan Modification Agreement, #3 Exhibit 3 - State Court Order, #4 Exhibit 4 - Appellate Court Order).(Hatch, Amy)
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Filing 109
MOTION to Dismiss Third Amended Complaint. Document filed by Keybank, National Association. Responses due by 5/2/2022.(Hatch, Amy)
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Filing 108
NOTICE OF CHANGE OF ADDRESS by H. Peter Haveles, Jr on behalf of Berkadia Commercial Mortgage, LLC. New Address: Akerman LLP, 1251 Avenue of Americas, 37th Floor, New York, New York, 10020, 212-880-3800..(Haveles, H.)
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Filing 107
SUPPLEMENTAL LETTER addressed to Judge Analisa Torres from Partha P. Chattoraj dated April 4, 2022 re: Diversity Subject Matter Jurisdiction, Pursuant to March 21, 2022 Order. Document filed by U.S. Bank National Association. (Attachments: #1 Supplement Redline Showing Third Amended Complaint Changes to Second Amended Complaint).(Chattoraj, Partha)
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Filing 106
THIRD AMENDED COMPLAINT amending #76 Amended Complaint against Berkadia Commercial Mortgage, LLC, Keybank, National Association.Document filed by U.S. Bank National Association. Related document: #76 Amended Complaint. (Attachments: #1 Order Granting Leave to File Third Amended Complaint).(Chattoraj, Partha)
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Filing 105
ORDER denying without prejudice to renewal #82 Motion to Dismiss; denying without prejudice to renewal #85 Motion to Dismiss. Accordingly, by April 4, 2022, Plaintiff shall file an amended complaint and a supplemental letter, if necessary, that addresses these jurisdictional deficits. Plaintiff must seek the Court's leave should they wish to include any other changes to their pleading. Defendants' motions to dismiss are DENIED without prejudice to renewal after the filing of the third amended complaint. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 82 and 85. SO ORDERED.. (Signed by Judge Analisa Torres on 3/21/2022) (kv)
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Set/Reset Deadlines: Amended Pleadings due by 4/4/2022. (kv)
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Filing 104
NOTICE OF CHANGE OF ADDRESS by H. Peter Haveles, Jr on behalf of Berkadia Commercial Mortgage, LLC. New Address: McDermott Will & Emery LLP, One Vanderbilt Avenue, New York, New York, United States 10017, 2125475650..(Haveles, H.)
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Filing 103
ORDER granting #102 Letter Motion for Extension of Time. GRANTED. The final pretrial submission deadlines is ADJOURNED sine die. SO ORDERED. (Signed by Judge Analisa Torres on 5/20/2021) (kv)
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Filing 102
LETTER MOTION for Extension of Time of the Final Pretrial Submission Date addressed to Judge Analisa Torres from Amy E. Hatch dated May 13, 2021. Document filed by Keybank, National Association..(Hatch, Amy)
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Filing 101
DECLARATION of H. Peter Haveles, Jr. in Support re: #82 MOTION to Dismiss the Second Amended Complaint.. Document filed by Berkadia Commercial Mortgage, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Haveles, H.)
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Filing 100
REPLY MEMORANDUM OF LAW in Support re: #82 MOTION to Dismiss the Second Amended Complaint. . Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 99
REPLY MEMORANDUM OF LAW in Support re: #85 MOTION to Dismiss Second Amended Complaint. . Document filed by Keybank, National Association. (Attachments: #1 Exhibit A - Executive Order No. 202.8, #2 Exhibit B - AO/68/20).(Spano, Frank)
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Filing 98
ORDER granting #96 Letter Motion for Leave to File Excess Pages. GRANTED SO ORDERED. (Signed by Judge Analisa Torres on 4/12/2021) (kv)
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Filing 97
ORDER granting #95 Letter Motion for Leave to File Excess Pages. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 4/7/2021) (kv)
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Filing 96
LETTER MOTION for Leave to File Excess Pages addressed to Judge Analisa Torres from Frank T. Spano dated April 7, 2021. Document filed by Keybank, National Association..(Spano, Frank)
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Filing 95
LETTER MOTION for Leave to File Excess Pages addressed to Judge Analisa Torres from H. Peter Haveles, Jr. dated 4/6/21. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 94
DECLARATION of Partha P. Chattoraj in Opposition re: #82 MOTION to Dismiss the Second Amended Complaint., #85 MOTION to Dismiss Second 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)
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Filing 93
MEMORANDUM OF LAW in Opposition re: #85 MOTION to Dismiss Second Amended Complaint. . Document filed by U.S. Bank National Association..(Chattoraj, Partha)
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Filing 92
MEMORANDUM OF LAW in Opposition re: #82 MOTION to Dismiss the Second Amended Complaint. . Document filed by U.S. Bank National Association..(Chattoraj, Partha)
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Filing 91
ORDER granting #78 Letter Motion for Extension of Time. GRANTED. By May 15, 2021, the parties shall complete expert discovery. By June 14, 2021, the parties shall file their final pretrial submissions. SO ORDERED. (Signed by Judge Analisa Torres on 4/2/2021) (kv)
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Set/Reset Deadlines: Expert Discovery due by 5/15/2021. (kv)
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Filing 90
ORDER granting #88 CONSENT LETTER MOTION for Leave to File Excess Pages. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 3/29/2021) (jca)
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Filing 89
NOTICE OF APPEARANCE by Guyon H. Knight on behalf of Berkadia Commercial Mortgage, LLC..(Knight, Guyon)
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Filing 88
CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Analisa Torres from Partha P. Chattoraj dated March 26, 2021. Document filed by U.S. Bank National Association..(Chattoraj, Partha)
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Filing 87
ORDER: The case management conference scheduled for March 24, 2021, is ADJOURNED sine die. SO ORDERED. (Signed by Judge Analisa Torres on 3/23/2021) (kv)
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Filing 86
MEMORANDUM OF LAW in Support re: #85 MOTION to Dismiss Second Amended Complaint. . Document filed by Keybank, National Association. (Attachments: #1 Exhibit 1 - Pooling and Servicing Agreement, #2 Exhibit 2 - Loan Modification Agreement, #3 Exhibit 3 - State Court Order, #4 Exhibit 4 - Appellate Court Order).(Spano, Frank)
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Filing 85
MOTION to Dismiss Second Amended Complaint. Document filed by Keybank, National Association. Responses due by 4/2/2021.(Spano, Frank)
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Filing 84
DECLARATION of H. Peter Haveles, Jr. in Support re: #82 MOTION to Dismiss the Second Amended Complaint.. Document filed by Berkadia Commercial Mortgage, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, part 1, #3 Exhibit B, part 2, #4 Exhibit B, part 3, #5 Exhibit C, part 1, #6 Exhibit C, part 2, #7 Exhibit D, part 1, #8 Exhibit D, part 2, #9 Exhibit D, part 3, #10 Exhibit D, part 4, #11 Exhibit E, part 1, #12 Exhibit E, part 2, #13 Exhibit F).(Haveles, H.)
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Filing 83
MEMORANDUM OF LAW in Support re: #82 MOTION to Dismiss the Second Amended Complaint. . Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 82
MOTION to Dismiss the Second Amended Complaint. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 81
ORDER granting #79 Letter Motion for Leave to File Document. GRANTED. Defendants' reply briefs shall not exceed 40 pages. The Clerk of Court is directed to terminate the motion at ECF No. 79. SO ORDERED. (Signed by Judge Analisa Torres on 3/18/2021) (kv)
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Filing 80
LETTER addressed to Judge Analisa Torres from H. Peter Haveles, Jr. dated March 17, 2021 re: ECF No. 79. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 79
FIRST LETTER MOTION for Leave to File Over Length Brief addressed to Judge Analisa Torres from Frank T. Spano dated March 17, 2021. Document filed by Keybank, National Association..(Spano, Frank)
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Filing 78
CONSENT LETTER MOTION for Extension of Time to Submit Joint Status Report Letter, to Adjourn Pretrial Conference, to Complete Expert Discovery, and for Final Pretrial Submissions, addressed to Judge Analisa Torres from Partha P. Chattoraj dated March 15, 2021. Document filed by U.S. Bank National Association..(Chattoraj, Partha)
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Filing 77
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Keybank, National Association..(Spano, Frank)
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Filing 76
SECOND AMENDED COMPLAINT amending #9 Amended Complaint against Berkadia Commercial Mortgage, LLC, Keybank, National Association.Document filed by U.S. Bank National Association. Related document: #9 Amended Complaint..(Craig, John)
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Filing 75
NOTICE of Withdrawal re: #73 Declaration in Opposition to Motion,, #71 Memorandum of Law in Opposition to Motion,. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 74
ORDER: The Court has reviewed Defendants' letter at ECF No. 69 in connection with the parties' briefing on Plaintiff's motion to amend the first amended complaint. Defendants requests are GRANTED in part, and DENIED in part. Accordingly, The scheduling order on the motion to amend the first amended complaint at ECF No. 63 is VACATED; By March 10, 2021, Plaintiff shall file its second amended complaint. In permitting Plaintiff to file a second amended complaint, the Court reserves any determination on the futility of the second amended complaint; By March 19, 2021, Defendants shall file their motions to dismiss the second amended complaint, incorporating any arguments from their pending motions to dismiss; By April 2, 2021, Plaintiff shall file its opposition papers; and By April 16, 2021, Defendants shall file their reply papers, if any. The Clerk of Court is directed to terminate the motions at ECF Nos. 35, 38, 64, and 65. SO ORDERED. (Amended Pleadings due by 3/10/2021, Motions due by 3/19/2021, Responses due by 4/2/2021, Replies due by 4/16/2021.), Motions terminated: #65 MOTION to Amend/Correct #63 Order on Motion for Leave to File Document,, . filed by U.S. Bank National Association, #64 MOTION to Seal . filed by U.S. Bank National Association, #35 MOTION to Dismiss The First Amended Complaint. filed by Berkadia Commercial Mortgage, LLC, #38 MOTION to Dismiss First Amended Complaint, or, in Alternative, to Stay Proceeding. filed by Keybank, National Association. (Signed by Judge Analisa Torres on 3/5/2021) (jca)
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Filing 73
DECLARATION of H. Peter Haveles, Jr. in Opposition re: #65 MOTION to Amend/Correct #63 Order on Motion for Leave to File Document,, ., #60 LETTER MOTION for Leave to File Motion to Amend First Amended Complaint addressed to Judge Analisa Torres from Partha P. Chattoraj dated February 5, 2021.. Document filed by Berkadia Commercial Mortgage, LLC. (Attachments: #1 Exhibit 1, part 1, #2 Exhibit 1, part 2, #3 Exhibit 2, part 1, #4 Exhibit 2, part 2, #5 Exhibit 3).(Haveles, H.)
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Filing 72
MEMORANDUM OF LAW in Opposition re: #60 LETTER MOTION for Leave to File Motion to Amend First Amended Complaint addressed to Judge Analisa Torres from Partha P. Chattoraj dated February 5, 2021. . Document filed by Keybank, National Association. (Attachments: #1 Exhibit 1 - Cushman & Wakefield Appraisal (Part 1 of 3), #2 Exhibit 1 (Part 2 of 3), #3 Exhibit 1 (Part 3 of 3), #4 Exhibit 2 - Leitner Group Appraisal (Part 1 of 4), #5 Exhibit 2 (Part 2 of 4), #6 Exhibit 2 (Part 3 of 4), #7 Exhibit 2 (Part 4 of 4)).(Spano, Frank)
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Filing 71
MEMORANDUM OF LAW in Opposition re: #65 MOTION to Amend/Correct #63 Order on Motion for Leave to File Document,, ., #60 LETTER MOTION for Leave to File Motion to Amend First Amended Complaint addressed to Judge Analisa Torres from Partha P. Chattoraj dated February 5, 2021. . Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 70
NOTICE OF APPEARANCE by Frank Thomas Spano on behalf of Keybank, National Association..(Spano, Frank)
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Filing 69
LETTER addressed to Judge Analisa Torres from H. Peter Haveles, Jr. dated 3/2/21 re: scheduling order of motion. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 68
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #65 MOTION to Amend/Correct #63 Order on Motion for Leave to File Document,, ., #64 MOTION to Seal . . Document filed by U.S. Bank National Association. Motion or Order to File Under Seal: #64 .(Craig, John)
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Filing 67
***SELECTED PARTIES***DECLARATION of John S. Craig in Support re: #65 MOTION to Amend/Correct #63 Order on Motion for Leave to File Document,, ., #64 MOTION to Seal .. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S)Motion or Order to File Under Seal: #64 .(Craig, John)
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Filing 66
DECLARATION of John S. Craig in Support re: #65 MOTION to Amend/Correct #63 Order on Motion for Leave to File Document,, .. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C to be filed under seal, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F to be filed under seal, #7 Exhibit G to be filed under seal, #8 Exhibit H to be filed under seal, #9 Exhibit I, #10 Exhibit J to be filed under seal, #11 Exhibit K to be filed under seal, #12 Exhibit L to be filed under seal, #13 Exhibit M to be filed under seal, #14 Exhibit N to be filed under seal, #15 Exhibit O to be filed under seal, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S).(Craig, John)
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Filing 65
MOTION to Amend/Correct #63 Order on Motion for Leave to File Document,, . Document filed by U.S. Bank National Association..(Craig, John)
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Filing 64
MOTION to Seal . Document filed by U.S. Bank National Association..(Craig, John)
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Filing 63
Vacated as per Judge's Order dated 3/5/2021, Doc. # 74 ORDER granting #60 Letter Motion for Leave to File Document. The Comt has reviewed the paities' letters at ECF Nos. 60-62 in connection with Plaintiff s request for leave to file a second amended complaint. Accordingly, By February 26, 2021, Plaintiff shall file its motion for leave to file a second amended complaint, including the proposed second amended complaint; By March 5, 2021, Defendants shall file their opposition papers; and By March 10, 2021, Plaintiff shall file its reply papers, if any. The Court STAYS its ruling on the motions to dismiss at ECF Nos. 35 and 38, pending resolution of Plaintiff' s motion to amend the complaint. So Ordered.. (Signed by Judge Analisa Torres on 2/18/2021) (js) Modified on 3/5/2021 (jca).
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Set/Reset Deadlines: Motions due by 2/26/2021. Responses due by 3/5/2021 Replies due by 3/10/2021. (js)
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Filing 62
LETTER addressed to Judge Analisa Torres from H. Peter Haveles, Jr. dated February 16, 2021 re: response to the letter dated February 5, 2021 from Partha P. Chattoraj. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 61
LETTER addressed to Judge Analisa Torres from Aaron C. Jackson dated February 16, 2021 re: Response to Torchlight's pre-motion letter dated February 5, 2021. Document filed by Keybank, National Association..(Jackson, Aaron)
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Filing 60
LETTER MOTION for Leave to File Motion to Amend First Amended Complaint addressed to Judge Analisa Torres from Partha P. Chattoraj dated February 5, 2021. Document filed by U.S. Bank National Association..(Chattoraj, Partha)
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Filing 59
MEMO ENDORSEMENT on re: #58 Letter filed by Berkadia Commercial Mortgage, LLC. ENDORSEMENT: GRANTED. The parties shall file any smnmary judgment pre- motion letters within four weeks of the Court's order on the pending motions to dismiss. SO ORDERED. (Signed by Judge Analisa Torres on 2/2/2021) (kv)
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Filing 58
LETTER addressed to Judge Analisa Torres from H. Peter Haveles, Jr. dated January 29, 2021 re: Modification of Scheduling Order. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 57
MEMO ENDORSEMENT on re: #56 Letter filed by Berkadia Commercial Mortgage, LLC. ENDORSEMENT: GRANTED in part, DENIED in part. By April 15, 2021, the parties shall complete expert discovery. SO ORDERED. (Expert Discovery due by 4/15/2021.) (Signed by Judge Analisa Torres on 1/22/2021) (kv)
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Filing 56
LETTER addressed to Judge Analisa Torres from H. Peter Haveles, Jr. dated January 19, 2021 re: modification of scheduling order. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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Filing 55
ORDER re: #51 Letter, filed by Berkadia Commercial Mortgage, LLC. Accordingly, Berkadia is granted leave to serve Mr. Miller by delivering a copy of the subpoena to his last known address by FedEx. SO ORDERED. (Signed by Judge Analisa Torres on 12/18/2020) (kv) Modified on 1/13/2021 (kv).
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Filing 54
NOTICE OF APPEARANCE by Lauren Jill Pincus on behalf of U.S. Bank National Association..(Pincus, Lauren)
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Filing 53
ORDER granting #52 Letter Motion for Extension of Time to Complete Discovery. GRANTED. By January 18, 2021, the parties shall complete fact discovery. By March 4, 2021, the parties shall complete expert discovery. The Court AMENDS paragraphs 7, 8, 9, and 11 to reflect the dates provided by the parties in this letter. The case management conference scheduled for January 6, 2021, is ADJOURNED to March 24, 2021, at 10:40 a.m. By March 17, 2021, the parties shall file their joint status letter. SO ORDERED. (Signed by Judge Analisa Torres on 11/24/2020) (kv)
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Set/Reset Hearings:( Case Management Conference set for 3/24/2021 at 10:40 AM before Judge Analisa Torres.), Set/Reset Deadlines: ( Expert Discovery due by 3/4/2021., Fact Discovery due by 1/18/2021.) (kv)
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Filing 52
CONSENT LETTER MOTION for Extension of Time to Complete Discovery and Modify Affected Dates in Civil Case Management Plan and Scheduling Order (ECF Doc. No. 32) addressed to Judge Analisa Torres from Partha P. Chattoraj dated November 19, 2020. Document filed by U.S. Bank National Association..(Chattoraj, Partha)
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Filing 51
LETTER addressed to Judge Analisa Torres from H. Peter Haveles, Jr. dated November 19, 2020 re: Leave to serve a subpoena by alternative service. Document filed by Berkadia Commercial Mortgage, LLC. (Attachments: #1 Exhibit A: Copies of Communication from Berkadia's process server).(Haveles, H.)
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Filing 50
STIPULATED PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Analisa Torres on 10/16/2020) (jwh)
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Filing 49
LETTER addressed to Judge Analisa Torres from H. Peter Haveles, Jr. dated October 15, 2020 re: stipulated protective order. Document filed by Berkadia Commercial Mortgage, LLC. (Attachments: #1 Exhibit A: Stipulated Protective Order).(Haveles, H.)
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Filing 48
REPLY 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..(Jackson, Aaron)
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Filing 47
REPLY MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss The First Amended Complaint. . Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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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)
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Filing 45
NOTICE OF APPEARANCE by John Samuel Craig on behalf of U.S. Bank National Association..(Craig, John)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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.)
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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.)
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Filing 35
MOTION to Dismiss The First Amended Complaint. Document filed by Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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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)
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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)
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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)
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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)
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Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 7/8/2020. (jw)
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>>>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)
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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)
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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)
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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)
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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)
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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)
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Filing 25
NOTICE OF APPEARANCE by Jason A. Nagi on behalf of Keybank, National Association..(Nagi, Jason)
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>>>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)
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Filing 24
NOTICE OF APPEARANCE by Caroline Aisling Incledon on behalf of Berkadia Commercial Mortgage, LLC..(Incledon, Caroline)
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Filing 23
PROPOSED CASE MANAGEMENT PLAN. Document filed by U.S. Bank National Association..(Chattoraj, Partha)
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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)
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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)
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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.)
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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)
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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)
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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)
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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.)
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Filing 15
NOTICE OF APPEARANCE by H. Peter Haveles, Jr on behalf of Berkadia Commercial Mortgage, LLC..(Haveles, H.)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Berkadia Commercial Mortgage, LLC..(pc)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Keybank, National Association..(pc)
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Filing 6
NOTICE OF APPEARANCE by Lawrence P. Gottesman on behalf of U.S. Bank National Association..(Gottesman, Lawrence)
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***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)
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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)
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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..(pc)
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Case Designated ECF. (pc)
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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)
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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)
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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)
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Filing 2
CIVIL COVER SHEET filed..(Chattoraj, Partha)
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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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| Search for this case: U.S. Bank National Association v. Keybank, National Assication | |
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| Defendant: Berkadia Commercial Mortgage, LLC | |
| Represented By: | H. Peter Haveles, Jr |
| Represented By: | Caroline Aisling Incledon |
| Represented By: | Guyon H. Knight |
| Represented By: | Ashley Bryne Akapo |
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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 |
| Represented By: | Amy E. Hatch |
| Represented By: | Jason A Nagi |
| Represented By: | Frank Thomas Spano |
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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 |
| Represented By: | Lauren Jill Pincus |
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