U.S. Bank National Association v. 767 8th Ave LLC et al
Plaintiff: U.S. Bank National Association
Defendant: New York City Department of Finance, Sherman Management LLC, John Does, Joginder Y Sharma, 767 8th Ave LLC and New York City Environmental Control Board
Case Number: 1:2021cv04913
Filed: June 3, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Paul G Gardephe
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 January 20, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2021 Opinion or Order Filing 34 STIPULATION OF ADJOURNMENT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for plaintiff, U.S. Bank National Association ("Plaintiff"), and for defendants 767 8th Avenue LLC, Sherman Management LLC and Joginder Y. Sharma ("Defendants") that: 1.The time for Defendants to answer, move or otherwise respond to the Complaint in this action is hereby extended through and including August 9, 2021. SO ORDERED. 767 8th Ave LLC answer due 8/9/2021; Joginder Y Sharma answer due 8/9/2021; Sherman Management LLC answer due 8/9/2021. (Signed by Judge Paul G. Gardephe on 7/30/2021) (jca)
July 28, 2021 Filing 33 PROPOSED STIPULATION AND ORDER. Document filed by 767 8th Ave LLC, Joginder Y Sharma, Sherman Management LLC..(Lara, Stacey)
July 28, 2021 Opinion or Order Filing 32 ORDER: Post-hearing briefing will proceed on the following schedule: Plaintiff's submission is due by August 13, 2021; Defendants' response is due September 3, 2021; Plaintiff's reply is due September 10, 2021. SO ORDERED. (Motions due by 8/13/2021., Responses due by 9/3/2021, Replies due by 9/10/2021.) (Signed by Judge Paul G. Gardephe on 7/28/2021) (jca)
July 28, 2021 Minute Entry for proceedings held before Judge Paul G. Gardephe: Evidentiary Hearing held on 7/28/2021. (Court Reporter Carol Ganley) (mr)
July 20, 2021 Minute Entry for proceedings held before Judge Paul G. Gardephe: Evidentiary Hearing held on 7/20/2021, ( Evidentiary Hearing set for 7/28/2021 at 09:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.). (Court Reporter Carol Ganley) (mr)
July 19, 2021 Set/Reset Hearings: Evidentiary Hearing set for 7/20/2021 at 03:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (ama)
July 19, 2021 Opinion or Order Filing 31 ORDER: Plaintiff U.S. Bank National Association has moved to appoint a receiver in this action to foreclose on a mortgage for a loan secured by real property in Manhattan. (Dkt. No. 5) In support of Plaintiff's motion, Nicholas Powell, a vice president at Rialto Capital Advisors, LLC, submitted two declarations in support of Plaintiff's application. (Dkt.Nos. 8, 24) Defendant Joginder Sharma submitted a declaration in opposition to the motion. (Dkt.No. 19) Because several key facts are in dispute, the Court will conduct an evidentiary hearing with respect to Plaintiff's motion. That hearing previously scheduled for July 16, 2021- will take place on July 20, 2021, at 3:00 p.m., in Courtroom 705 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York. And as set forth herein. SO ORDERED., ( Evidentiary Hearing set for 7/20/2021 at 03:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 7/19/2021) (ama) Modified on 7/20/2021 (ama).
July 13, 2021 Opinion or Order Filing 30 ORDER GRANTING ADMISSION PRO HAC VICE granting #27 Motion for Christopher A. Riley to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 7/13/2021) (nb)
July 8, 2021 Filing 29 JOINT LETTER addressed to Judge Paul G. Gardephe from John P. Doherty and Stacey A. Lara dated July 8, 2021 re: Hearing Scheduled for July 16, 2021. Document filed by U.S. Bank National Association..(Doherty, John)
July 1, 2021 Opinion or Order Filing 28 ORDER: The hearing in this matter currently scheduled for July 9, 2021 is adjourned to July 16, 2021 at 10:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York., (Telephone Conference set for 7/16/2021 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 7/1/2021) (nb)
July 1, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Christopher A. Riley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24740832. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
June 30, 2021 Filing 27 MOTION for Christopher A. Riley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24740832. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit A - Affidavit of Christopher A. Riley, #2 Exhibit B - Certificates of Good Standing, #3 Text of Proposed Order).(Riley, Christopher)
June 30, 2021 Filing 26 LETTER MOTION to Seal Exhibit AA to the Declaration of Nicholas Powell addressed to Judge Paul G. Gardephe from John P. Doherty dated June 30, 2021. Document filed by U.S. Bank National Association. (Attachments: #1 Redacted Version of Exhibit AA to the Declaration of Nicholas Powell).(Doherty, John)
June 24, 2021 Filing 25 DECLARATION of Gerard C. Keegan, Jr. in Support re: #12 Order to Show Cause,,, Set Hearings,,. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Doherty, John)
June 24, 2021 Filing 24 DECLARATION of Nicholas Powell in Support re: #12 Order to Show Cause,,, Set Hearings,,. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit AA, #2 Exhibit BB, #3 Exhibit CC, #4 Exhibit DD, #5 Exhibit EE, #6 Exhibit FF).(Doherty, John)
June 24, 2021 Filing 23 REPLY MEMORANDUM OF LAW in Support re: #12 Order to Show Cause,,, Set Hearings,, . Document filed by U.S. Bank National Association..(Doherty, John)
June 22, 2021 Filing 22 SUMMONS RETURNED EXECUTED Summons and Complaint,,,,,, served. 767 8th Ave LLC served on 6/8/2021, answer due 7/29/2021; Joginder Y Sharma served on 6/8/2021, answer due 7/29/2021; Sherman Management LLC served on 6/8/2021, answer due 7/29/2021. Service was made by Email. Document filed by U.S. Bank National Association..(Doherty, John)
June 21, 2021 Filing 21 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 767 8th Ave LLC, Joginder Y Sharma, Sherman Management LLC..(Lara, Stacey)
June 21, 2021 Filing 20 FIRST MEMORANDUM OF LAW in Opposition to Plaintiff's Order to Show Cause Seeking the Appointment of a Receiver. Document filed by 767 8th Ave LLC, Joginder Y Sharma, Sherman Management LLC..(Lara, Stacey)
June 21, 2021 Filing 19 DECLARATION of Joginder Y. Sharma in Opposition re: #5 Proposed Order to Show Cause Without Emergency Relief, #7 Declaration in Support, #8 Declaration in Support,,,, #6 Memorandum of Law in Support, #9 Declaration in Support, #10 Proposed Order. Document filed by 767 8th Ave LLC, Joginder Y Sharma, Sherman Management LLC. (Attachments: #1 Exhibit Exhibit A 2020 Year End Statement, #2 Exhibit Exhibit B Star Report, #3 Exhibit Exhibit C Econolodge Times Square Appraisal Report, #4 Exhibit Exhibit D Payment status with Choice Advantage, #5 Exhibit Exhibit E Insurance Certificate, #6 Exhibit Exhibit F Econolodge Times Square (Water Damage), #7 Exhibit Exhibit G Insurance Carrier Correspondence, #8 Exhibit Exhibit H Econolodge Times Square (Water Damage Repairs Update), #9 Exhibit Exhibit I Future Reservations).(Lara, Stacey)
June 17, 2021 Filing 18 STIPULATION OF ADJOURNMENT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for plaintiff, U.S. Bank National Association (Plaintiff), and for defendants 767 8th Avenue LLC and Sherman Management LLC (collectively, Borrowers) and Joginder Y. Sharma (Sharma and together with the Borrowers, Defendants) that the below dates shall be extended as follows: 1. Defendants' opposition papers to the Receiver Application currently due on June 18, 2021, shall be filed on June 20, 2021. 2. Plaintiff's reply papers to the Receiver Application currently due on June 22, 2021, shall be filed on June 24, 2021. 3. The time for Defendants to answer, move or otherwise respond to the Complaint in this action is hereby extended through and including July 29, 2021. 4. This Stipulation may be executed in counterparts and exchanged via facsimile and/or electronic means. Facsimile or electronic signatures shall be deemed as originals for the purpose of this Stipulation. The hearing in this matter, currently scheduled for June 25, 2021, is adjourned to July 9, 2021 at 10:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York., 767 8th Ave LLC answer due 7/29/2021; John Does answer due 7/29/2021; New York City Department of Finance answer due 7/29/2021; New York City Environmental Control Board answer due 7/29/2021; Joginder Y Sharma answer due 7/29/2021; Sherman Management LLC answer due 7/29/2021.( Responses due by 6/20/2021, Replies due by 6/24/2021., Telephone Conference set for 7/9/2021 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 6/17/2021) (nb)
June 16, 2021 Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by 767 8th Ave LLC..(Lara, Stacey)
June 16, 2021 Filing 16 NOTICE OF APPEARANCE by Stacey A Lara on behalf of Joginder Y Sharma, Sherman Management LLC..(Lara, Stacey)
June 16, 2021 Filing 15 NOTICE OF APPEARANCE by Stacey A Lara on behalf of 767 8th Ave LLC..(Lara, Stacey)
June 10, 2021 Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint,,,,,, served. New York City Environmental Control Board served on 6/8/2021, answer due 6/29/2021. Service was accepted by Betty Mazyck, Window Service Clerk. Document filed by U.S. Bank National Association..(Doherty, John)
June 10, 2021 Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint,,,,,, served. New York City Department of Finance served on 6/8/2021, answer due 6/29/2021. Service was accepted by Betty Mazyck, Window Service Clerk. Document filed by U.S. Bank National Association..(Doherty, John)
June 7, 2021 Opinion or Order Filing 12 ORDER TO SHOW CAUSE SEEKING THE APPOINTMENT OF A RECEIVER: ORDERED that Defendant Borrowers, either in person or by their attorneys, show cause before this Court by telephone on the 25 day of June, 2021 at 11:30 a.m. or as soon thereafter as counsel can be heard why an Order appointing Jeffrey Kolessar as receiver to take immediate possession and control of the Borrowers' assets (as described in the motion papers submitted in support of Plaintiff's application), pursuant to Rule 66 of the Federal Rules of Civil Procedure, should not be issued. (As further set forth in this Order.) ( Telephone Conference set for 6/25/2021 at 11:30 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 6/7/2021) (cf)
June 4, 2021 Filing 11 ELECTRONIC SUMMONS ISSUED as to 767 8th Ave LLC, New York City Department of Finance, New York City Environmental Control Board, Joginder Y Sharma, Sherman Management LLC..(pc)
June 4, 2021 Case Designated ECF. (pc)
June 4, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(pc)
June 4, 2021 Magistrate Judge Stewart D. Aaron 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. (pc)
June 4, 2021 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #10 Proposed Order was reviewed and approved as to form. (dt)
June 4, 2021 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (dt)
June 3, 2021 Filing 10 PROPOSED ORDER. Document filed by U.S. Bank National Association. Related Document Number: #5 ..(Doherty, John) Proposed Order to be reviewed by Clerk's Office staff.
June 3, 2021 Filing 9 DECLARATION of Jeffrey Kolessar in Support re: #5 Proposed Order to Show Cause Without Emergency Relief,. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit 1 - Resume).(Doherty, John)
June 3, 2021 Filing 8 DECLARATION of Nicholas Powell in Support re: #5 Proposed Order to Show Cause Without Emergency Relief,. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit A Consolidated, Amended and Restated Promissory Note, #2 Exhibit B Consolidated, Amended and Restated Mortgage, #3 Exhibit C Assignment of Leases and Rents, #4 Exhibit D Cash Management Agreement, #5 Exhibit E Restricted Account Agreement, #6 Exhibit F Payment Guaranty, #7 Exhibit G Allonge, #8 Exhibit H Omnibus Assignment, #9 Exhibit I Assignment of Mortgage, #10 Exhibit J Assignment of Assignment of Leases and Rents, #11 Exhibit K Consent and Loan Modification Agreement, #12 Exhibit L Modification of Consolidated Mortgage, #13 Exhibit M - Payment Default Letter, #14 Exhibit N Acceleration Notice, #15 Exhibit O Notice on Hotel Door, #16 Exhibit P Evidence of Commercial Property Insurance, #17 Exhibit Q Notice of Additional Defaults).(Doherty, John)
June 3, 2021 Filing 7 DECLARATION of John P. Doherty in Support re: #5 Proposed Order to Show Cause Without Emergency Relief,. Document filed by U.S. Bank National Association..(Doherty, John)
June 3, 2021 Filing 6 MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause Without Emergency Relief, . Document filed by U.S. Bank National Association..(Doherty, John)
June 3, 2021 Filing 5 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by U.S. Bank National Association. Related Document Number: #1 ..(Doherty, John) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
June 3, 2021 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to 767 8th Ave LLC, Sherman Management LLC, Joginder Y. Sharma, New York City Department of Finance and New York City Environmental Control Board, re: #1 Complaint,,,,,,. Document filed by U.S. Bank National Association..(Doherty, John)
June 3, 2021 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association. Document filed by U.S. Bank National Association..(Doherty, John)
June 3, 2021 Filing 2 CIVIL COVER SHEET filed..(Doherty, John)
June 3, 2021 Filing 1 COMPLAINT against 767 8th Ave LLC, John Does, New York City Department of Finance, New York City Environmental Control Board, Joginder Y Sharma, Sherman Management LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24625986)Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit 1 PSA Section 9.3, #2 Exhibit 2 Amended and Restated Commercial Ground Lease, #3 Exhibit 3 Amended and Restated Memorandum of Lease, #4 Exhibit 4 ECB Violations, #5 Exhibit 5 Promissory Note, #6 Exhibit 6 Mortgage and Security Agreement, #7 Exhibit 7 UCC-1 Financing Statement, #8 Exhibit 8 Assignment of Lease and Rents, #9 Exhibit 9 Cash Management Agreement, #10 Exhibit 10 Restricted Account Agreement, #11 Exhibit 11 Reserve and Security Agreement, #12 Exhibit 12 Payment Guaranty, #13 Exhibit 13 Omnibus Assignment, #14 Exhibit 14 Allonge, #15 Exhibit 15 Assignment of Mortgage, #16 Exhibit 16 Assignment of Assignment of Leases and Rents, #17 Exhibit 17 UCC-3 Assignment, #18 Exhibit 18 Consent and Loan Modification Agreement, #19 Exhibit 19 Modification of Consolidated Mortgage, #20 Exhibit 20 UCC-3 Continuation, #21 Exhibit 21 Payment Default Letter, #22 Exhibit 22 Acceleration Notice, #23 Exhibit 23 Notice on Hotel Door, #24 Exhibit 24 Evidence of Commercial Property Insurance, #25 Exhibit 25 U.S. Foods UCC Filings, #26 Exhibit 26 Notice of Additional Defaults).(Doherty, John)

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Plaintiff: U.S. Bank National Association
Represented By: John Patrick Doherty
Represented By: Christopher A. Riley
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Defendant: New York City Department of Finance
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Defendant: Sherman Management LLC
Represented By: Stacey A Lara
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Defendant: John Does
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Defendant: Joginder Y Sharma
Represented By: Stacey A Lara
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Defendant: 767 8th Ave LLC
Represented By: Stacey A Lara
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Defendant: New York City Environmental Control Board
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