RSS WFCM2018-C44 - NY LOD, LLC v. 1442 Lexington Operating DE LLC et al
| RSS WFCM2018-C44 - NY LOD, LLC |
| 1442 Lexington Operating DE LLC, Daniel Rahmani, Afshin Hedvat and John Doe 1 through 100 |
| 1:2021cv04424 |
| May 17, 2021 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 fc |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 2, 2021. A more recent docket listing may be available from PACER.
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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)
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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)
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Filing 28
NOTICE OF LIS PENDENS. Document filed by RSS WFCM2018-C44 - NY LOD, LLC..(Brandofino, Keith)
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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)
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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)
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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)
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Filing 24
NOTICE OF APPEARANCE by Steven Cohn on behalf of Daniel Rahmani..(Cohn, Steven)
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Filing 23
NOTICE OF APPEARANCE by Steven Cohn on behalf of Afshin Hedvat..(Cohn, Steven)
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Filing 22
NOTICE OF APPEARANCE by Steven Cohn on behalf of 1442 Lexington Operating DE LLC..(Cohn, Steven)
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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)
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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)
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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)
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Filing 18
AFFIDAVIT OF SERVICE of Motion for Appointment of a Receiver. Document filed by RSS WFCM2018-C44 - NY LOD, LLC..(Brandofino, Keith)
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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)
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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)
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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)
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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)
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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)
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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).
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Daniel Rahmani. (vf)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Afshin Hedvat. (vf)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to 1442 Lexington Operating DE LLC. (vf)
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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)
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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)
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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)
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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)
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Filing 4
NOTICE OF APPEARANCE by David Vincent Mignardi on behalf of RSS WFCM2018-C44 - NY LOD, LLC..(Mignardi, David)
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***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)
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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)
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***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)
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Case Designated ECF. (sj)
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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)
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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)
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Filing 2
CIVIL COVER SHEET filed..(Brandofino, Keith)
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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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