RSS WFCM2018-C44 - NY LOD, LLC v. 1442 Lexington Operating DE LLC et al
Plaintiff: RSS WFCM2018-C44 - NY LOD, LLC
Defendant: 1442 Lexington Operating DE LLC, Daniel Rahmani, Afshin Hedvat and John Doe 1 through 100
Case Number: 1:2021cv04424
Filed: May 17, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Vernon S Broderick
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332 fc
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2021 Opinion or Order Filing 30 ORDER granting #29 Letter Motion for Conference re: #29 LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from Steven Cohn, Esq. dated July 09, 2021. APPLICATION GRANTED. The parties are directed to appear for a telephonic conference on July 21, 2021 at 2 PM. The call-in number is 888-363-4749 and the access code is 2682448. Telephone Conference set for 7/21/2021 at 02:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 7/12/2021) (vfr)
July 9, 2021 Opinion or Order Filing 29 LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from Steven Cohn, Esq. dated July 09, 2021. Document filed by 1442 Lexington Operating DE LLC, Afshin Hedvat, Daniel Rahmani..(Cohn, Steven)
July 8, 2021 Opinion or Order Filing 28 NOTICE OF LIS PENDENS. Document filed by RSS WFCM2018-C44 - NY LOD, LLC..(Brandofino, Keith)
June 29, 2021 Opinion or Order Filing 27 ORDER granting #25 Letter Motion for Extension of Time to Answer re #25 LETTER MOTION for Extension of Time to File Answer re: #5 Complaint, addressed to Judge Vernon S. Broderick from Steven Cohn, Esq. dated June 28, 2021., #5 Complaint. APPLICATION GRANTED. Plaintiff is no longer directed to seek default judgment, as previously ordered at Documents 19 and 26. SO ORDERED. 1442 Lexington Operating DE LLC answer due 7/25/2021; Afshin Hedvat answer due 7/25/2021; Daniel Rahmani answer due 7/25/2021. (Signed by Judge Vernon S. Broderick on 6/29/2021) (kv)
June 28, 2021 Opinion or Order Filing 26 ORDER re: #21 Affidavit of Service Complaints filed by RSS WFCM2018-C44 - NY LOD, LLC. Accordingly, if Plaintiff intends to seek a default judgment against Lexington and Hedvat, it is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than July 22, 2021. If Plaintiff fails to do so or otherwise demonstrate that it intends to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/28/2021) (kv)
June 28, 2021 Opinion or Order Filing 25 LETTER MOTION for Extension of Time to File Answer re: #5 Complaint, addressed to Judge Vernon S. Broderick from Steven Cohn, Esq. dated June 28, 2021. Document filed by 1442 Lexington Operating DE LLC, Afshin Hedvat, Daniel Rahmani. (Attachments: #1 Stipulation).(Cohn, Steven)
June 28, 2021 Opinion or Order Filing 24 NOTICE OF APPEARANCE by Steven Cohn on behalf of Daniel Rahmani..(Cohn, Steven)
June 28, 2021 Opinion or Order Filing 23 NOTICE OF APPEARANCE by Steven Cohn on behalf of Afshin Hedvat..(Cohn, Steven)
June 28, 2021 Opinion or Order Filing 22 NOTICE OF APPEARANCE by Steven Cohn on behalf of 1442 Lexington Operating DE LLC..(Cohn, Steven)
June 22, 2021 Opinion or Order Filing 21 AFFIDAVIT OF SERVICE. Afshin Hedvat served on 6/4/2021, answer due 6/25/2021. Service was accepted by Donna Hedvat, Wife. Document filed by RSS WFCM2018-C44 - NY LOD, LLC..(Mignardi, David)
June 22, 2021 Opinion or Order Filing 20 AFFIDAVIT OF SERVICE. 1442 Lexington Operating DE LLC served on 5/25/2021, answer due 6/15/2021. Service was accepted by New York Secretary of State. Document filed by RSS WFCM2018-C44 - NY LOD, LLC..(Mignardi, David)
June 22, 2021 Opinion or Order Filing 19 ORDER re: #17 Affidavit of Service Complaints filed by RSS WFCM2018-C44 - NY LOD, LLC. Plaintiff filed this action on May 18, 2021, (Doc. 5), and filed an affidavit service for Defendant Daniel Rahmani ("Rahmani") on June 9, 2021, (Doc. 17.) The deadline for Rahmani to respond to Plaintiff's complaint was June 16, 2021. (See id.) To date, Rahmani has not appeared or responded to the complaint. Plaintiff, however, has taken no action to prosecute this case. Accordingly, if Plaintiff intends to seek a default judgment against Rahmani, it is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than July 22, 2021. If Plaintiff fails to do so or otherwise demonstrate that it intends to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). I note that Plaintiff has not filed an affidavit of service for Defendants 1442 Lexington Operating DE LLC or Afshin Hedvat, such that Plaintiff cannot move for a default judgment against those Defendants at this time. Failure to comply with Federal Rule of Civil Procedure 4(m) risks dismissal of this action against those Defendants. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/22/2021) (kv)
June 9, 2021 Opinion or Order Filing 18 AFFIDAVIT OF SERVICE of Motion for Appointment of a Receiver. Document filed by RSS WFCM2018-C44 - NY LOD, LLC..(Brandofino, Keith)
June 9, 2021 Opinion or Order Filing 17 AFFIDAVIT OF SERVICE. Daniel Rahmani served on 5/26/2021, answer due 6/16/2021. Service was accepted by Mr. Rahmani, Father. Document filed by RSS WFCM2018-C44 - NY LOD, LLC..(Brandofino, Keith)
June 2, 2021 Opinion or Order Filing 16 MEMORANDUM OF LAW in Support re: #13 MOTION to Appoint Temporary Receiver . . Document filed by RSS WFCM2018-C44 - NY LOD, LLC..(Brandofino, Keith)
June 2, 2021 Opinion or Order Filing 15 DECLARATION of Nicholas Powell in Support re: #13 MOTION to Appoint Temporary Receiver .. Document filed by RSS WFCM2018-C44 - NY LOD, LLC. (Attachments: #1 Exhibit Loan Agreement, #2 Exhibit Note with Allonges, #3 Exhibit Mortgage, #4 Exhibit Assignment of Leases and Rents, #5 Exhibit Guaranty, #6 Exhibit Assignment of Mortgage, #7 Exhibit Assignment of Assignment of Leases and Rents, #8 Exhibit Assignment of Mortgage, #9 Exhibit Assignment of Assignment of Leases and Rents, #10 Exhibit General Assignment, #11 Exhibit June 15, 2020 Notice of Default, #12 Exhibit March 11, 2021 Notice of Default, #13 Exhibit September 9, 2020 Acceleration Letter).(Brandofino, Keith)
June 2, 2021 Opinion or Order Filing 14 DECLARATION of Keith M. Brandofino in Support re: #13 MOTION to Appoint Temporary Receiver .. Document filed by RSS WFCM2018-C44 - NY LOD, LLC. (Attachments: #1 Exhibit Complaint, #2 Exhibit Receiver Marketing Materials, #3 Exhibit Proposed Receivership Order).(Brandofino, Keith)
June 2, 2021 Opinion or Order Filing 13 MOTION to Appoint Temporary Receiver . Document filed by RSS WFCM2018-C44 - NY LOD, LLC. Return Date set for 6/30/2021 at 09:30 AM..(Brandofino, Keith)
June 2, 2021 Opinion or Order Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #13) - MOTION to Appoint Temporary Receiver . Document filed by RSS WFCM2018-C44 - NY LOD, LLC..(Brandofino, Keith) Modified on 6/2/2021 (ldi).
May 20, 2021 Opinion or Order Filing 11 ELECTRONIC SUMMONS ISSUED as to Daniel Rahmani. (vf)
May 20, 2021 Opinion or Order Filing 10 ELECTRONIC SUMMONS ISSUED as to Afshin Hedvat. (vf)
May 20, 2021 Opinion or Order Filing 9 ELECTRONIC SUMMONS ISSUED as to 1442 Lexington Operating DE LLC. (vf)
May 19, 2021 Opinion or Order Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Rahmani, re: #5 Complaint,. Document filed by RSS WFCM2018-C44 - NY LOD, LLC..(Brandofino, Keith)
May 19, 2021 Opinion or Order Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Afshin Hedvat, re: #5 Complaint,. Document filed by RSS WFCM2018-C44 - NY LOD, LLC..(Brandofino, Keith)
May 19, 2021 Opinion or Order Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to 1442 Lexington Operating DE LLC, re: #5 Complaint,. Document filed by RSS WFCM2018-C44 - NY LOD, LLC..(Brandofino, Keith)
May 18, 2021 Opinion or Order Filing 5 COMPLAINT against 1442 Lexington Operating DE LLC, Afshin Hedvat, Daniel Rahmani, John Doe 1 through 100. Document filed by RSS WFCM2018-C44 - NY LOD, LLC. (Attachments: #1 Exhibit Legal Description of Property, #2 Exhibit Collateral).(Brandofino, Keith)
May 18, 2021 Opinion or Order Filing 4 NOTICE OF APPEARANCE by David Vincent Mignardi on behalf of RSS WFCM2018-C44 - NY LOD, LLC..(Mignardi, David)
May 18, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Keith Michael Brandofino to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
May 18, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(sj)
May 18, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Keith Michael Brandofino. The following case opening statistical information was erroneously selected/entered: Dollar Demand (none); County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State. (sj)
May 18, 2021 Opinion or Order Case Designated ECF. (sj)
May 18, 2021 Opinion or Order Magistrate Judge Debra C. Freeman 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. (sj)
May 17, 2021 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent M&T Bank Corporation, Corporate Parent Wilmington Trust, National Association for RSS WFCM2018-C44 - NY LOD, LLC. Document filed by RSS WFCM2018-C44 - NY LOD, LLC..(Brandofino, Keith)
May 17, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Brandofino, Keith)
May 17, 2021 Opinion or Order Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against 1442 Lexington Operating DE LLC, Afshin Hedvat, Daniel Rahmani. (Filing Fee $ 402.00, Receipt Number ANYSDC-24550223)Document filed by RSS WFCM2018-C44 - NY LOD, LLC. (Attachments: #1 Exhibit Legal Description of Property, #2 Exhibit Collateral).(Brandofino, Keith) Modified on 5/18/2021 (sj).

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Defendant: 1442 Lexington Operating DE LLC
Represented By: Steven Cohn
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Defendant: Daniel Rahmani
Represented By: Steven Cohn
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Defendant: Afshin Hedvat
Represented By: Steven Cohn
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Defendant: John Doe 1 through 100
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Plaintiff: RSS WFCM2018-C44 - NY LOD, LLC
Represented By: Keith Michael Brandofino
Represented By: David Vincent Mignardi
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