SPT Chatsworth Holdings, L.L.C. v. HFZ 344 West 72nd Street LLC et al
| SPT Chatsworth Holdings, L.L.C. |
| Ziel Feldman, Helene Feldman, H F Z Capital Group LLC, Chatsworth Realty Corporation, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC, HFZ 344 West 72nd Street LLC and HFZ 344 West 72nd Street Holdco LLC |
| 1:2020cv08502 |
| October 13, 2020 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Contract: Other |
| 28 U.S.C. § 1332 oc Diversity-Other Contract |
| None |
Docket Report
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Filing 73
FINAL JUDGMENT AGAINST ALL DEFENDANTS: For the reasons stated in the Opinion and Order entered by this Court on February 16, 2022 [Doc. 66] (the "Order"), it is hereby ORDERED, that final judgment in the amount of Twenty-Eight Million Three Hundred Ninety Thousand One Hundred Thirty-Two Dollars and 75/100 ($28,390,132.75) be entered in favor of Plaintiff SPT Chatsworth Holdings, L.L.C. and against Defendant HFZ 344 West 72nd Street LLC under the First Cause of Action in the Amended Complaint [Doc. 23], and that said judgment shall accrue interest from the date of entry of this Judgment as set forth in 28 U.S.C. 1961; and it is further ORDERED, that final judgment in the amount of Forty-Two Million Seventeen Thousand Six Hundred Sixty-Four Dollars and 56/100 ($42,017,664.56) be entered in favor of Plaintiff SPT Chatsworth Holdings, L.L.C. and against Defendant HFZ 344 West 72nd Street Mezz LLC under the Second Cause of Action in the Amended Complaint, and that said judgment shall accrue interest from the date of entry of this Judgment as set forth in 28 U.S.C. 1961; and it is further ORDERED, that final judgment in the amount of Eleven Million Four Hundred Twenty Six Thousand Six Hundred Twenty-Seven Dollars and 33/100 ($11,426,627.33) be entered in favor of Plaintiff SPT Chatsworth Holdings, L.L.C. and against Defendant HFZ 344 West 72nd Street Holdco LLC under the Third Cause of Action in the Amended Complaint, and that said judgment shall accrue interest from the date of entry of this Judgment as set forth in 28 U.S.C. 1961; and it is further ORDERED, that final judgment in the amount of Twelve Million Seven Hundred Forty Five Thousand Six Hundred Sixteen Dollars and 38/100 ($12,745,616.38) be entered in favor of Plaintiff SPT Chatsworth Holdings, L.L.C. and against Defendant HFZ 344 West 72nd Street Two LLC under the Fourth Cause of Action in the Amended Complaint, and that said judgment shall accrue interest from the date of entry of this Judgment as set forth in 28 U.S.C. 1961; and it is further ORDERED, that final judgment in the amount of One Hundred Twenty-Two Million Three Hundred Fifty Thousand Four Hundred Six Dollars and 71/100 ($122,350,406.71) be entered in favor of Plaintiff SPT Chatsworth Holdings, L.L.C. and against Defendant H F Z Capital Group LLC under the Fifth, Sixth and Seventh Causes of Action in the Amended Complaint, and that said judgment shall accrue interest from the date of entry of this Judgment as set forth in 28 U.S.C. 1961; and it is further ORDERED, that final judgment in the amount of One Hundred Twenty-Two Million Three Hundred Fifty Thousand Four Hundred Six Dollars and 71/100 ($122,350,406.71) be entered in favor of Plaintiff SPT Chatsworth Holdings, L.L.C. and against Defendant Ziel Feldman under the Fifth, Sixth and Seventh Causes of Action in the Amended Complaint, and that said judgment shall accrue interest from the date of entry of this Judgment as set forth in 28 U.S.C. 1961; and it is further ORDERED, that final judgment in the amount of One Hundred Twenty-Two Million Three Hundred Fifty Thousand Four Hundred Six Dollars and 71/100 ($122,350,406.71) be entered in favor of Plaintiff SPT Chatsworth Holdings, L.L.C. and against Defendant Helene Feldman under the Fifth, Sixth and Seventh Causes of Action in the Amended Complaint, and that said judgment shall accrue interest from the date of entry of this Judgment as set forth in 28 U.S.C. 1961; and it is further ORDERED, that this Judgment shall constitute final judgment against each of the Defendants in the above-captioned action and that each of the Defendants will bear its own respective costs, including any attorneys' fees or other expenses, of this litigation; and it is further ORDERED, that this Court shall retain jurisdiction over the parties and this action for purposes of implementing and enforcing the Order and this Judgement, including, but not limited to, Plaintiffs right to file a motion for attorneys' fees, costs and expenses as provided for in Fed. R. Civ. P. 54(d)(2)(B) within twenty-one (21) days of the entry of this Judgment. The Court may issue any additional orders it deems appropriate to implement or enforce the Order or this Judgment. IT IS SO ORDERED. (Signed by Judge P. Kevin Castel on 3/30/2022). Party H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC, Helene Feldman and Ziel Feldman terminated. (ama) Modified on 3/30/2022 (ama).
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Filing 72
DECLARATION of Jay Cowart in Support re: #67 Proposed Judgment. Document filed by SPT Chatsworth Holdings, L.L.C.. (Attachments: #1 Exhibit A).(Cross, Gregory)
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Filing 71
MEMO ENDORSEMENT on re: #70 Letter,, filed by HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, H F Z Capital Group LLC, Helene Feldman, Ziel Feldman, HFZ 344 West 72nd Street Two LLC, HFZ 344 West 72nd Street Mezz LLC, Chatsworth Realty Corporation. ENDORSEMENT: Application GRANTED. File within five business days. Plaintiff may respond two business days thereafter. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/3/2022) (ks)
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Filing 70
LETTER addressed to Judge P. Kevin Castel from Jay R. Speyer dated March 1, 2022 re: in response to the March 1,2022 letter by Plaintiff's counsel on the subject of the [Proposed] Final Judgment and Defendants' [Counter-Proposed] Final Judgment. Document filed by Chatsworth Realty Corporation, Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC..(Speyer, Jay)
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Filing 69
RESPONSE re: #68 Proposed Judgment Letter Response. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 68
PROPOSED JUDGMENT. Document filed by Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC..(Speyer, Jay)
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Filing 67
PROPOSED JUDGMENT. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 66
OPINION AND ORDER re: #40 MOTION for Summary Judgment . filed by SPT Chatsworth Holdings, L.L.C.. The Court has considered all the arguments of the parties, including those not expressly addressed herein. SPT's motion for summary judgment against the Borrowers and the Guarantors is GRANTED. SPT shall submit a proposed final judgment within seven days and defendants may respond three days thereafter. The Clerk is respectfully directed to terminate the motion (Doc 40) and amend the caption to remove Chatsworth Realty Corporation as defendant. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/16/2022) (ks)
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Filing 65
JOINT PRETRIAL ORDER: In accordance with the Civil Case Management Plan and Scheduling Order entered by the Court on January 11, 2021 [Dkt. No. 34], the Order Granting Letter Motion for Extension of Time [Dkt. No. 46] and pursuant to Fed. R. Civ. P. 26(a)(3) and the Individual Practices of Judge P. Kevin Castel, Plaintiff SPT Chatsworth Holdings, L.L.C. ("Plaintiff" or "Chatsworth Holdings") and Defendants Chatsworth Realty Corporation, HFZ 344 West 72nd Street LLC ("Senior Borrower"), HFZ 344 West 72nd Street Mezz LLC ("Mezzanine Borrower"), HFZ 344 West 72nd Street Holdco LLC ("Unsecured Borrower"), HFZ 344 West 72nd Street Two LLC ("Inventory Borrower"), H F Z Capital Group LLC, Ziel Feldman and Helene Feldman (the "Guarantors" and together with the Senior Borrower, Mezzanine Borrower, Unsecured Borrower and Inventory Borrower, the "Defendants") submit this proposed Joint Pretrial Order. As further set forth by this Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/31/2022) (tg)
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Filing 64
STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT CHATSWORTH REALTY CORPORATION: Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff SPT Chatsworth Holdings, L.L.C. (Plaintiff) and Defendants Chatsworth Realty Corporation ("Coop Corporation"), HFZ 344 West 72nd Street LLC ("Senior Borrower"), HFZ 344 West 72nd Street Mezz LLC ("Mezzanine Borrower"), HFZ 344 West 72nd Street Holdco LLC ("Unsecured Borrower"), HFZ 344 West 72nd Street Two LLC ("Inventory Borrower"), H F Z Capital Group LLC ("Capital Group"), Ziel Feldman (Mr. Feldman) and Helene Feldman (Mrs. Feldman and together with the Senior Borrower, Mezzanine Borrower, Unsecured Borrower, Inventory Borrower, Capital Group and Mr. Feldman, the "HFZ Parties"), by and through their respective undersigned counsel, hereby stipulate and agree that the above-captioned matter shall be dismissed without prejudice solely with respect to the Coop Corporation, with each party to pay its own costs, expenses and attorneys fees. Nothing herein shall act as a dismissal or compromise in any manner of any other claim or cause of action asserted by Plaintiff against the HFZ Parties. Application granted. So Ordered. Chatsworth Realty Corporation terminated. (Signed by Judge P. Kevin Castel on 1/24/2022) (js)
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Filing 63
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, without prejudice against the defendant(s) Chatsworth Realty Corporation pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by SPT Chatsworth Holdings, L.L.C.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Cross, Gregory) Modified on 1/20/2022 (km).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Gregory Cross. RE-FILE Document No. #63 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). 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 PDF. (km)
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Filing 62
ORDER: granting #61 Letter Motion to Continue. Oral Argument on January 18 is VACATED. The Court will adjudicate the motion on submission. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/12/2022) (ama)
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Filing 61
LETTER MOTION to Continue / adjourn the in-person oral argument scheduled for January 18, 2022 addressed to Judge P. Kevin Castel from Jay R. Speyer dated January 12, 2022. Document filed by Chatsworth Realty Corporation, Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC..(Speyer, Jay)
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Filing 60
ORDER: The oral argument previously scheduled for January 13, 2022 is adjourned to January 18, 2022 at 11:00 a.m. in Courtroom 11D, 500 Pearl Street, New York, N.Y. SO ORDERED. ( Oral Argument set for 1/18/2022 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 12/9/2021) (vfr)
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Filing 59
ORDER: The Court will hear argument on plaintiff's summary judgment motion on January 13, 2022 at 2 p.m. in Courtroom 11D. ( Oral Argument set for 1/13/2022 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 11/30/2021) (ate)
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Filing 58
MEMO ENDORSEMENT on JOINT PRETRIAL ORDER: re: #56 Proposed Pre-Trial Order filed by SPT Chatsworth Holdings, L.L.C. ENDORSEMENT: It is SO ORDERED. (Signed by Judge P. Kevin Castel on 11/30/2021) (ama)
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Filing 57
TRIAL BRIEF Declaration of Jay Cowart. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 56
PROPOSED PRE-TRIAL ORDER. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 55
REPLY MEMORANDUM OF LAW in Support re: #40 MOTION for Summary Judgment . . Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 54
ORDER granting #50 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/11/2021) (ate)
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Filing 53
ORDER granting #51 Letter Motion for Extension of Time. Application granted. SO ORDERED. OK. (Signed by Judge P. Kevin Castel on 8/11/2021) (rro) Modified on 8/23/2021 (rro).
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Set/Reset Deadlines: Replies due by 8/18/2021. (rro)
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Filing 52
PROPOSED PRE-TRIAL ORDER. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 51
LETTER MOTION for Extension of Time for Plaintiff to File a Reply in Support of its Pending Summary Judgment Motion [Dkt. No. 40] from August 13, 2021 until August 18, 2021 addressed to Judge P. Kevin Castel from Gregory A. Cross dated August 10, 2021. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 50
LETTER MOTION for Extension of Time on consent of the Final Pretrial Submission Date in the Action addressed to Judge P. Kevin Castel from Jay R. Speyer dated August 9, 2021. Document filed by Chatsworth Realty Corporation, Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC..(Speyer, Jay)
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Filing 49
COUNTER STATEMENT TO #42 Rule 56.1 Statement. Document filed by Helene Feldman, Ziel Feldman, H F Z Capital Group LLC..(Milito, Christopher)
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Filing 48
DECLARATION of Ziel Feldman in Opposition re: #40 MOTION for Summary Judgment .. Document filed by Helene Feldman, Ziel Feldman, H F Z Capital Group LLC. (Attachments: #1 Exhibit A - Mandatory Purchase Guaranty, #2 Exhibit B - Third Omnibus Amendment, #3 Exhibit C - Acceleration Notice to Borrower, #4 Exhibit D - Mandatory Purchase Demand, #5 Exhibit E - Exercise of Pledge, #6 Exhibit F - Borrower Org Chart, #7 Exhibit G - Omnibus Amendment).(Milito, Christopher)
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Filing 47
MEMORANDUM OF LAW in Opposition re: #40 MOTION for Summary Judgment . . Document filed by Helene Feldman, Ziel Feldman, H F Z Capital Group LLC..(Milito, Christopher)
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Filing 46
ORDER granting #44 Letter Motion for Extension of Time. Time to file opposition to summary judgment motion is extended to August 6. Time to file Final Pretrial Submissions extended from July 26 to August 9. Mr. Speyer, for the benefit of the next Judge you write to for an adjournment, please provide the adjourned dates so that he or she doesn't have to look them up. Thank you. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/22/2021) (va)
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Filing 45
LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from Gregory A. Cross dated July 22, 2021 re: #44 LETTER MOTION for Extension of Time to submit opposition to the Motion for Summary Judgment and Final Pretrial Order addressed to Judge P. Kevin Castel from Jay R. Speyer dated July 22, 2021. . Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 44
LETTER MOTION for Extension of Time to submit opposition to the Motion for Summary Judgment and Final Pretrial Order addressed to Judge P. Kevin Castel from Jay R. Speyer dated July 22, 2021. Document filed by Chatsworth Realty Corporation, Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC..(Speyer, Jay)
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Set/Reset Deadlines: Responses due by 8/6/2021. (va)
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Filing 43
DECLARATION of Jay Cowart in Support re: #40 MOTION for Summary Judgment .. Document filed by SPT Chatsworth Holdings, L.L.C.. (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7-1, #9 Exhibit 7-2, #10 Exhibit 7-3, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10-1, #14 Exhibit 10-2, #15 Exhibit 10-3, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit 18-1, #24 Exhibit 18-2, #25 Exhibit 18-3, #26 Exhibit 18-4, #27 Exhibit 18-5, #28 Exhibit 19, #29 Exhibit 20, #30 Exhibit 21, #31 Exhibit 22).(Cross, Gregory)
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Filing 42
RULE 56.1 STATEMENT. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 41
MEMORANDUM OF LAW in Support re: #40 MOTION for Summary Judgment . . Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 40
MOTION for Summary Judgment . Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 5/25/2021. Discovery in this case closed on May 10, 2021. Plaintiff may file its summary judgment motion on or before June 25, 2021. Defendants to respond by July 23, 2021. Any reply by August 4, 2021. (Nacanther, Florence)
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Filing 39
ORDER granting in part and denying in part #37 Letter Motion to Adjourn Conference. The conference will proceed telephonically on May 25, 2021at 2:00 p.m. Dial-In No.: 1-888-363-4749, Access Code: 3667981. SO ORDERED. Telephone Conference set for 5/25/2021 at 02:00 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/24/2021) (kv)
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Filing 38
LETTER addressed to Judge P. Kevin Castel from Gregory A. Cross dated May 24, 2021 re: Pre Motion Summary Judgment Letter. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 37
LETTER MOTION to Adjourn Conference scheduled for May 25, 2021 addressed to Judge P. Kevin Castel from Jay R. Speyer dated May 24, 2021. Document filed by Chatsworth Realty Corporation, Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC..(Speyer, Jay)
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Filing 36
MEMO ENDORSEMENT on re: #35 Letter filed by SPT Chatsworth Holdings, L.L.C. ENDORSEMENT: Application GRANTED. Call-In No.: 888 363 4749. Access Code: 3667981. (Signed by Judge P. Kevin Castel on 5/19/2021) (rro)
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Filing 35
LETTER addressed to Judge P. Kevin Castel from Gregory A. Cross dated May 19, 2021 re: Request to Appear at May 25th Case Management Conference by Telephone. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 34
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. This case is not to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within thirty (30) days from the date of this Order. Fact Discovery due by 5/10/2021. Deposition due by 5/10/2021. Expert Discovery due by 6/25/2021. Counsel for the parties have conferred and their present best estimate of the length of trial is: 2 days. Case Management Conference set for 5/25/2021 at 02:00 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 1/11/2021) (jwh)
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Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 1/11/2021. The next case management conference is scheduled for May 25, 2021 at 2:00 p.m. in Courtroom 11D. (Nacanther, Florence)
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Filing 33
JOINT LETTER addressed to Judge P. Kevin Castel from Gregory A. Cross dated January 4, 2021 re: Preliminary Conference. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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NOTICE: The TIME of the initial pretrial conference scheduled on January 11, 2021 is moved to 10:30 a.m. Call in: 888-363-4749; Access code: 3667981. (Nacanther, Florence)
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Filing 32
ANSWER to #23 Amended Complaint,,. Document filed by Chatsworth Realty Corporation, Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC..(Scharf, Yehuda)
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Filing 31
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HFZ 344 West 72nd Street Sole Memeber LLC for HFZ 344 West 72nd Street Two LLC; Corporate Parent HFZ 344 West 72nd Street Holdco LLC for HFZ 344 West 72nd Street Mezz LLC; Corporate Parent HFZ 344 West 72nd Street Investments LLC for HFZ 344 West 72nd Street Holdco LLC; Corporate Parent HFZ 344 West 72nd Street Mezz LLC for HFZ 344 West 72nd Street LLC. Document filed by Chatsworth Realty Corporation, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC..(Scharf, Yehuda)
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Filing 30
NOTICE OF APPEARANCE by Adam Gordon Possidente on behalf of SPT Chatsworth Holdings, L.L.C...(Possidente, Adam)
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Filing 29
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, as follows: 1. Service of the Amended Complaint upon each of the Defendants shall be effective by virtue of such document being sent to Defendants' undersigned counsel by electronic or overnight mail. Defendants' agreement to accept service through counsel is without prejudice to or waiver of any positions, claims, defenses, objections, or arguments of Defendants in this matter, except as to the sufficiency of service of process in this action and any challenge to personal jurisdiction in this action based on service or improper service. 2. Notwithstanding the acknowledgements in paragraph 1 above, Defendants waive any defense with respect to lack of diversity jurisdiction based on the citizenship of Plaintiff and any of Defendants in this action. 3. Defendants shall have until on or before December 18, 2020 to answer, move or otherwise respond to the Amended Complaint. Conference is adjourned from December 21, 2020 to January 11, 2021 at 2:00 p.m. It will be conducted telephonically. Call in: 888-363-4749. Access code: 3667981. (Chatsworth Realty Corporation answer due 12/18/2020; Helene Feldman answer due 12/18/2020; Ziel Feldman answer due 12/18/2020; H F Z Capital Group LLC answer due 12/18/2020; HFZ 344 West 72nd Street Holdco LLC answer due 12/18/2020; HFZ 344 West 72nd Street LLC answer due 12/18/2020; HFZ 344 West 72nd Street Mezz LLC answer due 12/18/2020; HFZ 344 West 72nd Street Two LLC answer due 12/18/2020. Initial Conference set for 1/11/2021 at 02:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 11/18/2020) (jwh)
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Filing 28
PROPOSED STIPULATION AND ORDER. Document filed by Chatsworth Realty Corporation, Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC..(Speyer, Jay)
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Filing 27
LETTER MOTION for Extension of Time to respond to the Amended Complaint addressed to Judge P. Kevin Castel from Jay R. Speyer dated November 17, 2020. Document filed by Chatsworth Realty Corporation, Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC..(Speyer, Jay)
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Filing 26
NOTICE OF APPEARANCE by Modupeolu Adegoke on behalf of Chatsworth Realty Corporation, Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC..(Adegoke, Modupeolu)
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Filing 25
NOTICE OF APPEARANCE by Jay R. Speyer on behalf of Chatsworth Realty Corporation, Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC..(Speyer, Jay)
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Filing 24
NOTICE OF APPEARANCE by Yehuda David Scharf on behalf of Chatsworth Realty Corporation, Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC..(Scharf, Yehuda)
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Filing 23
AMENDED COMPLAINT amending #1 Complaint,, against Chatsworth Realty Corporation, Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC.Document filed by SPT Chatsworth Holdings, L.L.C.. Related document: #1 Complaint,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15).(Cross, Gregory)
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Filing 22
NOTICE of Stipulation Regarding Citizenship of Defendants. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 21
ORDER: Within seven days of this Order, plaintiffs may serve upon the LLC defendants an interrogatory limited to the citizenship of all natural persons who are their members, and, if any corporation is a member, the jurisdiction under whose laws it is incorporated and the principal place of business. Plaintiffs may separately serve interrogatories on Ziel and Helene Feldman as to their states of citizenship. Defendants shall have seven days to respond to the interrogatory. Within thirty days of this Order, the plaintiff shall amend its complaint to allege the citizenship of each defendant, or the action will be dismissed for lack of subject matter jurisdiction. (Signed by Judge P. Kevin Castel on 10/19/2020) (jwh)
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Filing 20
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/21/2020 at 11:00 AM before Judge P. Kevin Castel, as further set forth in this order. Due to the COVID-19 pandemic, conferences with the Court in civil cases will be held by teleconferencing until further notice. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981 (Signed by Judge P. Kevin Castel on 10/19/2020) (jwh)
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Filing 19
ELECTRONIC SUMMONS ISSUED as to Chatsworth Realty Corporation..(gp)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to HFZ 344 West 72nd Street LLC..(gp)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to HFZ 344 West 72nd Street Mezz LLC..(gp)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to HFZ 344 West 72nd Street Holdco LLC..(gp)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to HFZ 344 West 72nd Street Two LLC..(gp)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to H F Z Capital Group LLC..(gp)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to Ziel Feldman..(gp)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Helene Feldman..(gp)
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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. (gp)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(gp)
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Case Designated ECF. (gp)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Helene Feldman, re: #1 Complaint,,. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to Ziel Feldman, re: #1 Complaint,,. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to H F Z Capital Group LLC, re: #1 Complaint,,. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to HFZ 344 West 72nd Street Two LLC, re: #1 Complaint,,. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to HFZ 344 West 72nd Street Holdco LLC, re: #1 Complaint,,. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to HFZ 344 West 72nd Street Mezz LLC, re: #1 Complaint,,. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to HFZ 344 West 72nd Street LLC, re: #1 Complaint,,. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Chatsworth Realty Corporation, re: #1 Complaint,,. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Starwood Property Trust, Inc. for SPT Chatsworth Holdings, L.L.C.. Document filed by SPT Chatsworth Holdings, L.L.C...(Cross, Gregory)
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Filing 2
CIVIL COVER SHEET filed..(Cross, Gregory)
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Filing 1
COMPLAINT against Chatsworth Realty Corporation, Helene Feldman, Ziel Feldman, H F Z Capital Group LLC, HFZ 344 West 72nd Street Holdco LLC, HFZ 344 West 72nd Street LLC, HFZ 344 West 72nd Street Mezz LLC, HFZ 344 West 72nd Street Two LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-22114314)Document filed by SPT Chatsworth Holdings, L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15).(Cross, Gregory)
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