Wilmington Trust, National Association v. Winta Asset Management LLC et al
| 1:2020cv05309 |
| July 30, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Contract: Other |
| 28 U.S.C. ยง 1391 Personal Injury |
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The following documents for this case are available for you to view or download:
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Filing
254
ORDER: The defendant Shuigun Chen may respond to the motion by counsel to withdraw from representation by May 10, 2024. Counsel may reply by May 14, 2024. Counsel should serve a copy of the application and this Order on Shuigun Chen and file proof of service on the docket by May 2, 2024. SO ORDERED. (Signed by Judge John G. Koeltl on 4/29/2024) ( Responses due by 5/10/2024, Replies due by 5/14/2024.) (ks)
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Filing
248
MEMORANDUM OPINION AND ORDER for 242 Report and Recommendations,,,,,, The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. The Court adopt s the Magistrate Judge's Report & Recommendation in its entirety, and the defendant's objections are overruled. The Clerk is directed to close all pending motions. Given the complexity of the amounts to be included in the Judgment, inclu ding a current calculation of interest, the plaintiff is directed to submit a proposed judgment by April 25, 2024. The defendants may file any objections to the calculations by April 30, 2024. The plaintiff may reply by May 3, 2024. SO ORDERED. (Signed by Judge John G. Koeltl on 4/18/2024) (ks)
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Filing
230
ORDER: Foster Garvey P.C. has moved to withdraw as counsel for defendant Winta Asset Management LLC, having previously withdrawn as counsel for defendant Shuigun Chen. Defendant Winta should submit any response to the motion by October 27, 2023. W ilmington Trust may also submit any response by that date. If no response is filed, the motion may be granted by default. If a response is filed, Foster Garvey may reply by November 3, 2023. Foster Garvey shall serve a copy of this Order on Winta by October 18, 2023, and file proof of service by October 20, 2023. ( Replies due by 11/3/2023., Responses due by 10/27/2023) (Signed by Judge John G. Koeltl on 10/16/2023) (ate)
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Filing
228
ORDER denying 203 Motion for Reconsideration re 203 MOTION for Reconsideration re; 195 Order on Motion for Judgment, . filed by Winta Asset Management LLC, 204 MOTION to Vacate 195 Order on Motion for Judgment, . filed by Winta Asset Management LLC, 205 MOTION for Reconsideration re; 195 Order on Motion for Judgment, . filed by Shuigun Chen ; denying 204 Motion to Vacate 203 MOTION for Reconsideration re; 195 Order on Motion for Judgment, ., 204 MOTION to Vacate 195 Order on Motion for Judgment, ., 205 MOTION for Reconsideration re; 195 Order on Motion for Judgment, . ; denying 205 Motion for Reconsi deration re 203 MOTION for Reconsideration re; 195 Order on Motion for Judgment, . filed by Winta Asset Management LLC, 204 MOTION to Vacate 195 Order on Motion for Judgment, . filed by Winta Asset Mana gement LLC, 205 MOTION for Reconsideration re; 195 Order on Motion for Judgment, . filed by Shuigun Chen. For the reasons stated on the record today, the defendants' motion for reconsideration and reargument and to alter the Order of Attachment and Preliminary Injunction is denied. The Clerk is directed to close ECF Nos. 203, 204, and 205. (Signed by Judge John G. Koeltl on 10/4/2023) (ate)
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Filing
225
ORDER: The parties are directed to appear for oral argument with respect to the motion for reconsideration on October 4, 2023, at 12:00 p.m., in Courtroom 14A, 500 Pearl Street, New York, New York 10007. ( Oral Argument set for 10/4/2023 at 12:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 9/26/2023) (ate)
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Filing
202
ORDER: granting 201 Letter Motion to Adjourn Conference. The conference scheduled for August 8, 2023 is hereby rescheduled for August 7, 2023 at 4:00p.m. Counsel for the parties are directed to call Judge Figueredo's AT&T conference line at t he scheduled time. Please dial (888) 808-6929; access code 9781335. The Clerk of Court is directed to terminate the motion at ECF No. 201. SO ORDERED. Telephone Conference set for 8/7/2023 at 04:00 PM before Magistrate Judge Valerie Figueredo.. (Signed by Magistrate Judge Valerie Figueredo on 7/28/2023) (ama)
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Filing
195
ORDER OF ATTACHMENT AND PRELIMINARY INJUNCTION granting 147 Motion for Judgment. It is hereby ORDERED, that, pursuant to Fed. R. Civ. P. 64 and 65 and CPLR §§ 6201, 6210 and 6212, the Motion is GRANTED; and it is further ORDERED, tha t an Order of Attachment is GRANTED against the Real Properties; and it is further ORDERED, that the Preliminary Injunction is GRANTED enjoining Defendants from disposing of, processing, routing, facilitating, selling, transferring, encumbering, removing, paying over, conveying or otherwise interfering with Defendants' property located in the state of New York, including, but not limited to, the Real Properties or any proceeds derived therefrom; and it is further ORDERED, the amount to be secured by the Order of Attachment, which includes interest, costs of this action, and Sheriffs fees and expenses shall be for a total sum of$14,672,464.46; and it is further ORDERED, that the undertaking posted by Plaintiff in the amo unt of $50,000 in order to secure the Show Cause Order is sufficient to serve as security for costs and damages, including reasonable attorneys' fees, that the Guarantor may sustain because of the attachment if Guarantor recovers judgmen t or it is finally decided that Plaintiff was not entitled to an attachment of the Guarantor's property, and no additional undertaking is warranted; and it is further ORDERED, that, within five (5) days of entry of this Order, Plaintiff shall serve a copy of this Order of Attachment and Preliminary Injunction upon Borrower, Guarantor, Gui Xin Hong, Caihong Chen, Caiyun Chen and Mingsen Chen as further set forth in this Order. SO ORDERED. (Signed by Judge John G. Koeltl on 7/5/23) (yv)
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Filing
192
ORDER granting 188 Letter Motion to Adjourn Conference. Application Granted. The conference scheduled for June 29, 2023 is hereby adjourned to Thursday,July 20, 2023 at 2:30 p.m. Counsel for the parties are directed to call Judge Figueredo's AT&T conference line at the scheduled time. Please dial (888) 808-6929; access code 9781335. The Clerk of Court is directed to terminate the motion at ECF No. 188. SO ORDERED. Telephone Conference set for 7/20/2023 at 02:30 PM before Magistrate Judge Valerie Figueredo. (Signed by Magistrate Judge Valerie Figueredo on 6/27/2023) (rro)
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Filing
177
ORDER: For the reasons stated in the conference held yesterday, the plaintiff's motion for order of pre-judgment attachment on the Great Neck Property and the Little West Penthouse is granted. The plaintiff's motion for a preliminary in junction is also granted, and the Guarantor is enjoined from transferring, encumbering, dissipating, or taking any other action concerning the Guarantor's personal assets which may frustrate the plaintiff's right to recover any deficiency amount from the Guarantor. The plaintiff should submit a proposed Order by June 13, 2023. The defendants may submit a response by June 15, 2023. (Signed by Judge John G. Koeltl on 6/7/2023) (ate)
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Filing
172
ORDER: The parties are directed to provide courtesy copies to Chambers for ECF Nos. 149, 152, and 153. The courtesy copies should be directed to: Chambers of the Hon. Valerie Figueredo, U.S. District Court for the Southern District of New York, 500 Pearl Street, 16th Floor, New York, NY 10007. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 5/30/2023) (ama)
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Filing
171
ORDER: For the reasons stated in the conference held today, the temporary restraining order is extended until June 6, 2023. The plaintiff may file an additional submission with respect to the Section 6201(1) issue by May 30, 2023. The defendants m ay respond by June 1, 2023. The next conference is scheduled for June 6, 2023 at 2:30 p.m. in Courtroom 14A, 500 Pearl Street. SO ORDERED. ( Status Conference set for 6/6/2023 at 02:30 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 5/25/2023) (tg)
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Filing
169
ORDER: The plaintiff is directed to submit courtesy copies of all papers filed in connection with the pending Order to Show Cause for a Pre-Judgment Order of Attachment and Ex Parte Temporary Restraining Order. SO ORDERED. (Signed by Judge John G. Koeltl on 5/23/2023) (ks)
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Filing
155
ORDER. The plaintiff is directed to submit courtesy copies of all papers filed in connection with the plaintiff's motion for final judgment of foreclosure. ECF No. 147. SO ORDERED. (Signed by Judge John G. Koeltl on 3/18/23) (yv)
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Filing
144
ORDER withdrawing 141 Motion re: 141 MOTION to Disallow or Reduce Plaintiff's Asserted Default Interest, Toll the Further Accrual of Default Interest, and Granted Related or Alternative Relief . As discussed at the teleconference held today, the pending motion to disallow or reduce the plaintiff's asserted default interest, ECF No. 141, is withdrawn without prejudice. SO ORDERED.. (Signed by Judge John G. Koeltl on 1/27/2023) (ks)
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Filing
137
ORDER: The time for the plaintiff to submit a proposed order to show cause for a default judgment against the New York City Department of Finance is extended to August 11, 2022. By that date, the plaintiff should also advise the Court (1) whether i t intends to file another motion for summary judgment on counts II and IV of the First Amended Complaint, and (2) whether it intends to seek a judgment of foreclosure before all claims are decided pursuant to Federal Rule of Civil Procedure 54(b). SO ORDERED. (Signed by Judge John G. Koeltl on 7/28/2022) (ks)
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Filing
136
MEMORANDUM OPINION AND ORDER re: 103 MOTION for Summary Judgment and Other Relief. filed by Wilmington Trust, National Association. The Court has considered all of the arguments raised by the parties. To the extent not specifically ad dressed above, the arguments are either moot or without merit. For the reasons explained above, the plaintiff's motion for summary judgment and other relief is granted in part and denied in part. The plaintiff's motion for summary judgmen t of foreclosure pursuant to count I is granted. The plaintiff's motion to dismiss the Answering Defendants' first and third counterclaims is granted. The plaintiff's motion to sever count III of the FAC and the Answering Defendants� 39; second counterclaim for later determination is also granted. The plaintiff's motion for summary judgment on counts II and IV of the FAC, and the plaintiff's motion for a default judgment against DOF, are denied without prejudice. The pl aintiff should file a proposed order to show cause for a default judgment against DOF by July 25, 2022. If the plaintiff seeks a judgment of foreclosure before all claims are decided pursuant to Rule 54(b), then the plaintiff may present the Court with a proposed judgment of foreclosure or seek a reference to the Magistrate Judge for an inquest as to the proper judgment. The Clerk is directed to close Docket No. 103. SO ORDERED. (Signed by Judge John G. Koeltl on 7/8/2022) (ks)
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Filing
135
ORDER: The parties are directed to appear, by phone, on July 1, 2022, at 11:00 a.m. for oral argument regarding the pending motion for summary judgment and other relief. Dial-in: (888) 363-4749, with access code 8140049. SO ORDERED. (Signed by Judge John G. Koeltl on 6/23/2022) ( Telephone Conference set for 7/1/2022 at 11:00 AM before Judge John G. Koeltl.) (ks)
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Filing
134
ORDER GRANTING TEMPORARY RECEIVER'S MOTION TO DIRECT THAT NO TENANCY OR OCCUPANCY EXISTS AT PROPERTY AND GRANTING POSSESSION: NOW THEREFORE, IT IS HEREBY ORDERED THAT: The Temporary Receiver's Motion is GRANTED; No tenancy or occupancy exi sts at the Property; Accordingly, the Temporary Receiver shall have possession of the Property free and clear of any tenancy or occupancy and shall take appropriate measures to safeguard the Property for the benefit of the parties. IT IS SO ORDERED. (Signed by Judge John G. Koeltl on 5/16/2022) (ama)
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Filing
132
MEMORANDUM OPINION AND ORDER re: 125 MOTION to Direct that no tenancy or occupancy exists at 70 Broad Street, New York, New York, 10004 or alternatively should the Court not make such a declaration, an order granting leave to serve this motion or a substantially similar motion on th filed by Ian V. Lagowitz, 129 MOTION to Direct that no tenancy or occupancy exists at 70 Broad Street, New York, New York, 10004 and for related relief. filed by Ian V. Lagowitz. In any ev ent, the Court has reviewed the motion and concludes that there is ample basis for granting it. The Temporary Receiver has demonstrated that the Property is currently free of occupants and is not subdivided into separate units. Accordingly, the Temporary Receiver's motion is granted. The Clerk is directed to close Docket Nos. 125 and 129. The Temporary Receiver should submit a proposed order by May 13, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 5/6/2022) (ks)
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Filing
128
ORDER: The Temporary Receiver may serve the motion filed at ECF No. 125, or a substantially similar motion, on the purported tenants of 70 Broad Street, New York, NY, 10004. The Temporary Receiver should serve the motion by April 18, 2022, and file proof of service on the docket. The Temporary Receiver should also file the motion, as served, on the docket. Any responses should be filed within fourteen days of service of the motion. Any reply is due ten days thereafter. The Temporary Receiver should serve a copy of this Order with the motion. (Signed by Judge John G. Koeltl on 4/8/2022) (tro)
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Filing
124
ORDER: Counsel for the plaintiff should submit one set of paper courtesy copies of all papers filed in connection with the fully briefed motion for summary judgment and other relief. SO ORDERED. (Signed by Judge John G. Koeltl on 3/18/2022) (vfr)
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Filing
74
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... This order is not binding on the Court or Court personell. The Court reserves the right to amend it at any time. SO ORDERED. (Signed by Judge John G. Koeltl on 4/13/2021) (ks)
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Filing
54
ORDER: The plaintiff may file an amended complaint on or after February 1, 2021. The defendants may move or answer by February 16, 2021. If the defendants moves, the plaintiff may respond by March 2, 2021, and the defendants may reply by March 12, 2021. The Rule 26(f) report is due on February 19, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 1/14/2021) ( Amended Pleadings due by 2/1/2021., Motions due by 2/16/2021., Responses due by 3/2/2021, Replies due by 3/12/2021.) (ks)
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Filing
48
ORDER: The parties are ordered to file a Rule 26(f) report by December 18, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 12/7/2020) (ks)
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Filing
41
MEMORANDUM OPINION AND ORDER re: 10 MOTION to Appoint Temporary Receiver filed by Wilmington Trust, National Association. Both parties have submitted their preferred version of the order appointing a temporary receiver. The plainti ff's version is more complete and a better reflection of the duties a receiver in this case and therefore the Court approves the plaintiff's proposal. The motion to appoint a temporary receiver is granted. The Clerk is directed to close Dkt. No. 10. SO ORDERED. (Signed by Judge John G. Koeltl on 9/28/2020) (mml)
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Filing
36
ORDER: At the conference held on September 9th, 2020, the parties were encouraged to pursue an agreement on the issue of appointment of a receiver. The parties should report to the Court if they have come to an agreement by Wednesday, September 16, 2020, and what that agreement is. If the parties have not reached an agreement, the plaintiff should submit its proposal, if any, for the appointment of a receiver by that date. The defendants should submit their response by Friday, September 18, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 9/10/2020) (ks)
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Filing
14
ORDER: The plaintiff has moved for the appointment of a Receiver for certain property including a building. The plaintiff has failed to explain why the appointment of a Receiver would be appropriate at this point before the Complaint is served on the defendants and why the relief should be granted ex parte, particularly in view of the fact that the building itself is not at risk of disappearing. If the plaintiff seeks the immediate appointment of a Receiver, the plaintiff should submit supp lemental papers explaining the appropriateness of such relief at this time without notice to the defendants and before the Complaint has been served. If no further papers are submitted, decision on the motion will await service of notice of the motion on the defendants, and an opportunity for the defendants to respond to the motion. (Signed by Judge John G. Koeltl on 7/30/2020) (nb)
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