U.S. Bank National Association v. 380 Lafayette Retail Owner LLC et al
Plaintiff: U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates, acting by and through its special servicer and U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates
Defendant: 380 Lafayette Retail Owner LLC, Michael Fuchs, John Doe 1 through John Doe 12, New York City Environmental Control Board and Aby Rosen
Case Number: 1:2021cv05031
Filed: June 7, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: John P Cronan
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 August 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2021 Opinion or Order Filing 24 STIPULATION AND ORDER VACATING DEFAULT AND EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for plaintiff U.S. Bank National Association, as Trustee, For the Benefit of the Holders of Comm 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates, acting by and through its special servicer CWCapital Asset Management LLC ("Plaintiff"), and the undersigned counsel for defendants 380 Lafayette Retail Owner LLC, Aby Rosen, and Michael Fuchs (collectively, "Defendants"), as follows: 1. On June 7, 2021, Plaintiff filed a Complaint against, among others, Defendants to foreclose certain commercial real property located at 380 Lafayette Street, New York, New York (ECF No. 1). 2. On July 16, 2021, pursuant to Rule 55 of the Federal Rules of Civil Procedure and Local Civil Rule 55.1, Plaintiff applied for a Clerk's Certificate of Default reflecting the Clerk's entry of Defendants' default in this action (ECF No. 21). 3. On July 16, 2021, the Clerk entered a Clerk's Certificate of Default as to the Defendants (the "Certificate of Default") (ECF No. 22). 4. Plaintiff has not sought entry of a default judgment against Defendants. 5. Defendants have requested that Plaintiff consent to the vacatur of the Certificate of Default and an extension of time to respond to the Complaint, and Plaintiff has consented to the foregoing. 6. On consent, the Certificate of Default is hereby vacated as to Defendants. 7. Defendants time to answer or otherwise respond to the Complaint is hereby extended to August 23, 2021. 8. Defendants hereby waive any objections to service of process and any defenses based on lack of personal jurisdiction. SO ORDERED. 380 Lafayette Retail Owner LLC answer due 8/23/2021; Michael Fuchs answer due 8/23/2021; John Doe 1 through John Doe 12 answer due 8/23/2021; New York City Environmental Control Board answer due 8/23/2021; Aby Rosen answer due 8/23/2021., Motions terminated: #23 LETTER MOTION for Extension of Time and to vacate Clerk's Certificate of Default addressed to Judge John P. Cronan from Robert A. Abrams dated July 22, 2021. filed by 380 Lafayette Retail Owner LLC, Aby Rosen, Michael Fuchs. (Signed by Judge John P. Cronan on 8/3/2021) (jca)
July 22, 2021 Filing 23 LETTER MOTION for Extension of Time and to vacate Clerk's Certificate of Default addressed to Judge John P. Cronan from Robert A. Abrams dated July 22, 2021. Document filed by 380 Lafayette Retail Owner LLC, Michael Fuchs, Aby Rosen. (Attachments: #1 Stipulation and [Proposed] Order).(Abrams, Robert)
July 16, 2021 Filing 22 Vacated as per Judge's Order dated 8/3/2021, Doc. #24
July 16, 2021 Filing 21 DECLARATION of Alissa K. Piccione re: #20 Proposed Clerk's Certificate of Default, . Document filed by U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates. (Attachments: #1 Request for Clerk's Certificate of Default).(Piccione, Alissa)
July 16, 2021 Filing 20 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates..(Piccione, Alissa) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/16/2021 (dt).
July 2, 2021 Filing 19 NOTICE OF ASSIGNMENT: Initial Conference set for 8/23/2021 at 10:30 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 7/2/2021) (nb)
June 21, 2021 Filing 18 SUMMONS RETURNED EXECUTED Summons and Complaint, served. 380 Lafayette Retail Owner LLC served on 6/17/2021, answer due 7/8/2021. Document filed by U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates..(Curcio, Louis)
June 21, 2021 Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint, served. New York City Environmental Control Board served on 6/17/2021, answer due 7/8/2021. Document filed by U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates..(Curcio, Louis)
June 21, 2021 Filing 16 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Michael Fuchs served on 6/16/2021, answer due 7/7/2021. Document filed by U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates..(Curcio, Louis)
June 21, 2021 Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Aby Rosen served on 6/16/2021, answer due 7/7/2021. Document filed by U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates..(Curcio, Louis)
June 16, 2021 Filing 14 NOTICE OF APPEARANCE by Joseph Michael DeFazio on behalf of U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates..(DeFazio, Joseph)
June 16, 2021 Filing 13 NOTICE OF APPEARANCE by Alissa Piccione on behalf of U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates..(Piccione, Alissa)
June 8, 2021 Filing 12 ELECTRONIC SUMMONS ISSUED as to 380 Lafayette Retail Owner LLC..(pc)
June 8, 2021 Filing 11 ELECTRONIC SUMMONS ISSUED as to New York City Environmental Control Board..(pc)
June 8, 2021 Filing 10 ELECTRONIC SUMMONS ISSUED as to Michael Fuchs..(pc)
June 8, 2021 Filing 9 ELECTRONIC SUMMONS ISSUED as to Aby Rosen..(pc)
June 8, 2021 Filing 8 COMPLAINT against 380 Lafayette Retail Owner LLC, Michael Fuchs, John Doe 1 through John Doe 12, New York City Environmental Control Board, Aby Rosen. Document filed by U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates, acting by and through its special servicer..(Curcio, Louis)
June 8, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Louis Anthony Curcio. The party information for the following party/parties has been modified: 380 Lafayette Retail Owner LLC, John Doe 1 through John Doe 12, New York City Environmental Control Board, Aby Rosen, Michael Fuchs, U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates, acting by and through its special servicer. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc)
June 8, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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 8, 2021 Magistrate Judge Sarah Netburn 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 8, 2021 Case Designated ECF. (pc)
June 7, 2021 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates, acting by and through its special servicer. Document filed by U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates, acting by and through its special servicer..(Curcio, Louis)
June 7, 2021 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Aby Rosen, re: #1 Complaint,,. Document filed by U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates, acting by and through its special servicer..(Curcio, Louis)
June 7, 2021 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Fuchs, re: #1 Complaint,,. Document filed by U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates, acting by and through its special servicer..(Curcio, Louis)
June 7, 2021 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Environmental Control Board, re: #1 Complaint,,. Document filed by U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates, acting by and through its special servicer..(Curcio, Louis)
June 7, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to 380 Lafayette Retail Owner LLC, re: #1 Complaint,,. Document filed by U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates, acting by and through its special servicer..(Curcio, Louis)
June 7, 2021 Filing 2 CIVIL COVER SHEET filed..(Curcio, Louis)
June 7, 2021 Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against 380 Lafayette Retail Owner LLC, John Doe 1 through John Doe 12, New York City Environmental Control Board, Aby Rosen, Michael Fuchs. (Filing Fee $ 402.00, Receipt Number ANYSDC-24641209)Document filed by U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates, acting by and through its special servicer. (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).(Curcio, Louis) Modified on 6/8/2021 (pc).

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Defendant: 380 Lafayette Retail Owner LLC
Represented By: Robert Alan Abrams
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Defendant: Michael Fuchs
Represented By: Robert Alan Abrams
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Defendant: John Doe 1 through John Doe 12
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Defendant: New York City Environmental Control Board
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Defendant: Aby Rosen
Represented By: Robert Alan Abrams
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Plaintiff: U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates, acting by and through its special servicer
Represented By: Louis Anthony Curcio
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Plaintiff: U.S. Bank National Association, as Trustee, for the Benefit of the Holders of COMM 2013-CCRE11 Mortgage Trust Commercial Mortgage Pass-Through Certificates
Represented By: Louis Anthony Curcio
Represented By: Alissa Piccione
Represented By: Joseph Michael DeFazio
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