RSS CD2016-CD1 - NY R5S, LLC v. R&F 55th Street Commercial Owner LLC et al
Plaintiff: RSS CD2016-CD1 - NY R5S, LLC
Defendant: New York City Department of Finance, R&F 55th Street Commercial Owner LLC, Aby Rosen and Michael Fuchs
Alternative Dispute Resolution (Adr) Provider: John Doe No.1 to John Doe No. 100
Case Number: 1:2021cv04877
Filed: June 2, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Barbara C Moses
Referring Judge: Gregory H Woods
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 23, 2021 Filing 32 MEMORANDUM OF LAW in Opposition re: #21 MOTION to Appoint Ian V. Lagowitz of Trigild IVL Group, LLC as Receiver. . Document filed by Michael Fuchs, R&F 55th Street Commercial Owner LLC, Aby Rosen..(Abrams, Robert)
July 23, 2021 Filing 31 AFFIDAVIT of Tom Lavin in Opposition re: #21 MOTION to Appoint Ian V. Lagowitz of Trigild IVL Group, LLC as Receiver.. Document filed by Michael Fuchs, R&F 55th Street Commercial Owner LLC, Aby Rosen. (Attachments: #1 Exhibit 1 - Thompson & Knight Article, #2 Exhibit 2 - Cash Management Agreement, #3 Exhibit 3 - Tenant Direction Letter - Sweetgreen, #4 Exhibit 4 - Tenant Direction Letter - Core Club, #5 Exhibit 5 - Letter to Lender dated March 30, 2021, #6 Exhibit 6 - Notice of Rent Demand - Core Club, #7 Exhibit 7 Hardship Declaration - Core Club).(Abrams, Robert)
July 8, 2021 Filing 30 NOTICE OF LIS PENDENS. Document filed by RSS CD2016-CD1 - NY R5S, LLC..(Brandofino, Keith)
July 2, 2021 Opinion or Order Filing 29 STIPULATION AND ORDER: Irrespective of the date when the Defendant Mortgagor and the Defendant Guarantors must file an answer or otherwise respond to the Summons and Complaint, the Defendant Mortgagor and the Defendant Guarantors shall answer or otherwise respond to the Summons and Complaint on or before August 6, 2021. The Receiver Motion shall be adjourned from July 29, 2021 to August 13, 2021 or such other date and time as the court deems appropriate. Irrespective of the date when the Defendant Mortgagor and the Defendant Guarantors must file and serve, via ECF, an opposition to the Receiver Motion, the Defendant Mortgagor and the Defendant Guarantors shall file and serve, via ECF, papers in opposition to the Receiver Motion, if any, on or before July 23, 2021. Plaintiff shall file and serve, via ECF, reply papers in further support of the Receiver Motion, if any, on or before August 10, 2021. (As further set forth in this Order.) Motions terminated: #26 LETTER MOTION for Extension of Time to answer or otherwise respond to the Summons and Complaint, and for an adjournment of Plaintiff's motion for the appointment of a Receiver (ECF Nos. 21-25), as all agreed to by Plaintiff, addressed to filed by Aby Rosen, R&F 55th Street Commercial Owner LLC, Michael Fuchs., Michael Fuchs answer due 8/6/2021; R&F 55th Street Commercial Owner LLC answer due 8/6/2021; Aby Rosen answer due 8/6/2021.( Motions due by 8/13/2021., Responses due by 7/23/2021, Replies due by 8/10/2021.) (Signed by Magistrate Judge Barbara C. Moses on 7/2/2021) (cf)
July 1, 2021 Filing 28 NOTICE OF APPEARANCE by Timothy James Holland on behalf of Michael Fuchs, R&F 55th Street Commercial Owner LLC, Aby Rosen..(Holland, Timothy)
July 1, 2021 Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by R&F 55th Street Commercial Owner LLC..(Abrams, Robert)
July 1, 2021 Filing 26 LETTER MOTION for Extension of Time to answer or otherwise respond to the Summons and Complaint, and for an adjournment of Plaintiff's motion for the appointment of a Receiver (ECF Nos. 21-25), as all agreed to by Plaintiff, addressed to Magistrate Judge Barbara C. Moses from Robert A. Abrams dated July 1, 2021. Document filed by Michael Fuchs, R&F 55th Street Commercial Owner LLC, Aby Rosen. (Attachments: #1 Stipulation and Briefing Schedule (with request to So Order)).(Abrams, Robert)
June 29, 2021 Filing 25 PROPOSED ORDER. Document filed by RSS CD2016-CD1 - NY R5S, LLC. Related Document Number: #21 ..(Brandofino, Keith) Proposed Order to be reviewed by Clerk's Office staff.
June 29, 2021 Filing 24 MEMORANDUM OF LAW in Support re: #21 MOTION to Appoint Ian V. Lagowitz of Trigild IVL Group, LLC as Receiver. . Document filed by RSS CD2016-CD1 - NY R5S, LLC..(Brandofino, Keith)
June 29, 2021 Filing 23 DECLARATION of Michael Mashioff in Support re: #21 MOTION to Appoint Ian V. Lagowitz of Trigild IVL Group, LLC as Receiver.. Document filed by RSS CD2016-CD1 - NY R5S, LLC. (Attachments: #1 Exhibit 1. Legal Description, #2 Exhibit 2. Loan Agreement, #3 Exhibit 3. Note with Allonges, #4 Exhibit 4. Consolidated Mortgage, #5 Exhibit 5. Assignment of Leases and Rents, #6 Exhibit 6. UCC Financing Statement, #7 Exhibit 7. UCC Financing Statement filed with Secretary of State, #8 Exhibit 8. Guaranty, #9 Exhibit 9. Assignment of Mortgage into Wells Fargo, #10 Exhibit 10. Assignment of ALR into Wells Fargo, #11 Exhibit 11. UCC Assignment into Wells Fargo, #12 Exhibit 12. UCC Assignment into Wells Fargo with the State, #13 Exhibit 13. Assignment of Mortgage into RSS CD2016, #14 Exhibit 14.Assignment of ALR into RSS CD2016, #15 Exhibit 15. UCC Assignment into RSS CD2016, #16 Exhibit 16. UCC Assignment into RSS CD2016 with the State, #17 Exhibit 17. General Assignment, #18 Exhibit 18. Notice of Default, #19 Exhibit 19.Demand, #20 Exhibit 20. Monthly Management Report - May 2021).(Brandofino, Keith)
June 29, 2021 Filing 22 DECLARATION of Keith M. Brandofino in Support re: #21 MOTION to Appoint Ian V. Lagowitz of Trigild IVL Group, LLC as Receiver.. Document filed by RSS CD2016-CD1 - NY R5S, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Letter to Borrower, #3 Exhibit C - Hardship Declaration, #4 Exhibit D - Organizational Chart, #5 Exhibit E- Screenshots, #6 Exhibit F- Receiver Marketing Materials, #7 Exhibit G - Proposed Order).(Brandofino, Keith)
June 29, 2021 Filing 21 MOTION to Appoint Ian V. Lagowitz of Trigild IVL Group, LLC as Receiver. Document filed by RSS CD2016-CD1 - NY R5S, LLC..(Brandofino, Keith)
June 29, 2021 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (dt)
June 25, 2021 Filing 20 AFFIDAVIT OF SERVICE. Michael Fuchs served on 6/16/2021, answer due 7/7/2021. Service was made by Mail. Document filed by RSS CD2016-CD1 - NY R5S, LLC..(Brandofino, Keith)
June 25, 2021 Filing 19 AFFIDAVIT OF SERVICE. Aby Rosen served on 6/16/2021, answer due 7/7/2021. Service was made by Mail. Document filed by RSS CD2016-CD1 - NY R5S, LLC..(Brandofino, Keith)
June 25, 2021 Filing 18 AFFIDAVIT OF SERVICE. New York City Department of Finance served on 6/15/2021, answer due 7/6/2021. Service was accepted by Betty Mazyck. Document filed by RSS CD2016-CD1 - NY R5S, LLC..(Brandofino, Keith)
June 25, 2021 Filing 17 AFFIDAVIT OF SERVICE. R&F 55th Street Commercial Owner LLC served on 6/15/2021, answer due 7/7/2021. Service was accepted by Katherine Carpenter. Document filed by RSS CD2016-CD1 - NY R5S, LLC..(Brandofino, Keith)
June 25, 2021 Filing 16 AFFIDAVIT OF SERVICE. R&F 55th Street Commercial Owner LLC served on 6/16/2021, answer due 7/7/2021. Service was made by Mail. Document filed by RSS CD2016-CD1 - NY R5S, LLC..(Brandofino, Keith)
June 7, 2021 Opinion or Order Filing 15 ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, and for report and recommendation on dispositive motions, if any, pursuant to 28 U.S.C. 636(b)(1)(A) and (B). (As further set forth in this Order.) If you are aware of any party or attorney who should receive notice in this action, other than those currently listed on the docket sheet, please notify Courtroom Deputy Kevin Snell at (212) 805-0228 immediately. (Signed by Magistrate Judge Barbara C. Moses on 6/7/2021) (cf)
June 4, 2021 Filing 14 ELECTRONIC SUMMONS ISSUED as to R&F 55th Street Commercial Owner LLC. (sj)
June 4, 2021 Filing 13 ELECTRONIC SUMMONS ISSUED as to New York City Department of Finance. (sj)
June 4, 2021 Filing 12 ELECTRONIC SUMMONS ISSUED as to Michael Fuchs. (sj)
June 4, 2021 Filing 11 ELECTRONIC SUMMONS ISSUED as to Aby Rosen. (sj)
June 4, 2021 Filing 9 NOTICE OF APPEARANCE by David Vincent Mignardi on behalf of RSS CD2016-CD1 - NY R5S, LLC..(Mignardi, David)
June 3, 2021 Opinion or Order Filing 10 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and and Dispositive motion (i.e., motion requiring Report and Recommendation) and all such motions. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Gregory H. Woods on 6/3/2021) (rro)
June 3, 2021 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to R&F 55th Street Commercial Owner LLC, re: #1 Complaint,. Document filed by RSS CD2016-CD1 - NY R5S, LLC..(Brandofino, Keith)
June 3, 2021 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Finance, re: #1 Complaint,. Document filed by RSS CD2016-CD1 - NY R5S, LLC..(Brandofino, Keith)
June 3, 2021 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Fuchs, re: #1 Complaint,. Document filed by RSS CD2016-CD1 - NY R5S, LLC..(Brandofino, Keith)
June 3, 2021 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Aby Rosen, re: #1 Complaint,. Document filed by RSS CD2016-CD1 - NY R5S, LLC..(Brandofino, Keith)
June 3, 2021 Filing 4 CIVIL COVER SHEET filed..(Brandofino, Keith)
June 3, 2021 ***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;. (jgo)
June 3, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Keith Michael Brandofino to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple Citizenship Defendant codes were selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
June 3, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Keith Michael Brandofino. The party information for the following party/parties has been modified: John Doe No.1 to John Doe No. 100. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (jgo)
June 3, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(jgo)
June 3, 2021 Magistrate Judge Barbara C. Moses 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. (jgo)
June 3, 2021 Case Designated ECF. (jgo)
June 2, 2021 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company, Corporate Parent Wells Fargo Bank, National Association for RSS CD2016-CD1 - NY R5S, LLC. Document filed by RSS CD2016-CD1 - NY R5S, LLC..(Brandofino, Keith)
June 2, 2021 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Brandofino, Keith) Modified on 6/3/2021 (jgo).
June 2, 2021 Filing 1 COMPLAINT against Michael Fuchs, John Doe No.1 to John Doe No. 100, New York City Department of Finance, R&F 55th Street Commercial Owner LLC, Aby Rosen. (Filing Fee $ 402.00, Receipt Number ANYSDC-24620210)Document filed by RSS CD2016-CD1 - NY R5S, LLC. (Attachments: #1 Exhibit Legal Description of Property, #2 Exhibit Collateral).(Brandofino, Keith)

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Alternative dispute resolution (adr) provider: John Doe No.1 to John Doe No. 100
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Defendant: New York City Department of Finance
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Defendant: R&F 55th Street Commercial Owner LLC
Represented By: Robert Alan Abrams
Represented By: Timothy James Holland
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Defendant: Aby Rosen
Represented By: Robert Alan Abrams
Represented By: Timothy James Holland
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Defendant: Michael Fuchs
Represented By: Robert Alan Abrams
Represented By: Timothy James Holland
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Plaintiff: RSS CD2016-CD1 - NY R5S, LLC
Represented By: Keith Michael Brandofino
Represented By: David Vincent Mignardi
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