Patrick Capital Markets, LLC v. Ascend Real Estate Partners, L.P. et al
Plaintiff: Patrick Capital Markets, LLC
Defendant: Ascend Real Estate Partners, L.P., Rabina Properties, LLC, Maidad (Mickey) Rabina, Joshua Rabina and Jardan 520, LLC
Case Number: 1:2021cv06004
Filed: July 13, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 17, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2021 Opinion or Order Filing 36 REPLY MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Amended Complaint #25 . . Document filed by Ascend Real Estate Partners, L.P., Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC..(Fried, William)
November 19, 2021 Opinion or Order Filing 35 MEMORANDUM OF LAW in Opposition re: #28 MOTION to Dismiss Amended Complaint #25 . . Document filed by Patrick Capital Markets, LLC..(Mason, Matthew)
November 12, 2021 Opinion or Order Filing 34 ORDER granting #33 Letter Motion for Extension of Time. The request is granted. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/12/2021) (ks)
November 12, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 11/19/2021 Replies due by 12/3/2021. (ks)
November 10, 2021 Opinion or Order Filing 33 LETTER MOTION for Extension of Time re answer to motion to dismiss addressed to Judge Alvin K. Hellerstein from Matthew C Mason dated 11/10/2021. Document filed by Patrick Capital Markets, LLC..(Mason, Matthew)
November 3, 2021 Opinion or Order Filing 32 MEMO ENDORSEMENT on re: #31 Letter request for adjournment of the initial case management conference currently scheduled for November 5, 2021, filed by Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC, Ascend Real Estate Partners, L.P. ENDORSEMENT : The request is granted. The conference scheduled for November 5, 2021 is adjourned with a date to be set upon resolution of the pending motion to dismiss. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/3/21) (yv)
November 2, 2021 Opinion or Order Filing 31 LETTER addressed to Judge Alvin K. Hellerstein re: request for adjournment of the initial case management conference currently scheduled for November 5, 2021. Document filed by Ascend Real Estate Partners, L.P., Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC..(Fried, William)
October 29, 2021 Opinion or Order Filing 30 AFFIDAVIT of Maidad Rabina in Support re: #28 MOTION to Dismiss Amended Complaint #25 .. Document filed by Ascend Real Estate Partners, L.P., Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC. (Attachments: #1 Exhibit 1 - complaint, #2 Exhibit 2 - amended complaint, #3 Exhibit 3 - letter agreement, #4 Exhibit 4 - email string 2019).(Fried, William)
October 29, 2021 Opinion or Order Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Amended Complaint #25 . . Document filed by Ascend Real Estate Partners, L.P., Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC..(Fried, William)
October 29, 2021 Opinion or Order Filing 28 MOTION to Dismiss Amended Complaint #25 . Document filed by Ascend Real Estate Partners, L.P., Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC. Responses due by 11/12/2021.(Fried, William)
October 21, 2021 Opinion or Order Filing 27 EXHIBIT TO PLEADING re: #25 Amended Complaint,,. Document filed by Patrick Capital Markets, LLC..(Mason, Matthew)
October 20, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew C. Mason re: Document No. #25 Amended Complaint. The filing is deficient for the following reason(s): the pleading was filed correctly after the due date, therefore new Court's leave must be granted.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)
October 19, 2021 Opinion or Order Filing 26 SCHEDULING ORDER: The status conference which was scheduled to be held on October 29, 2021 is adjourned to November 5, 2021 at 10:00 a.m., and will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. Finally, no later than November 3, 2021, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Initial Conference set for 11/5/2021 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/19/21) (yv)
October 19, 2021 Opinion or Order Filing 25 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - FIRST AMENDED COMPLAINT amending #24 Amended Complaint, against Ascend Real Estate Partners, L.P., Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC.Document filed by Patrick Capital Markets, LLC. Related document: #24 Amended Complaint,. (Attachments: #1 Exhibit EX-A, #2 Exhibit EX-B, #3 Errata EX-C, #4 Exhibit EX-D).(Mason, Matthew) Modified on 10/20/2021 (jgo).
October 18, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew C. Mason to RE-FILE Document No. #24 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended 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. (pc)
October 15, 2021 Opinion or Order Filing 24 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #1 Complaint against Patrick Capital Markets, LLC.Document filed by Patrick Capital Markets, LLC. Related document: #1 Complaint. (Attachments: #1 Exhibit EX-A, #2 Exhibit EX-B, #3 Exhibit EX-C, #4 Exhibit EX-D).(Mason, Matthew) Modified on 10/18/2021 (pc).
September 24, 2021 Opinion or Order Filing 23 AFFIDAVIT of Maidad Rabina in Support re: #21 MOTION to Dismiss .. Document filed by Ascend Real Estate Partners, L.P., Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Fried, William)
September 24, 2021 Opinion or Order Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss . . Document filed by Ascend Real Estate Partners, L.P., Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC..(Fried, William)
September 24, 2021 Opinion or Order Filing 21 MOTION to Dismiss . Document filed by Ascend Real Estate Partners, L.P., Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC..(Fried, William)
August 19, 2021 Opinion or Order Filing 20 MEMO ENDORSEMENT on re: #13 Letter filed by Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC, Ascend Real Estate Partners, L.P. ENDORSEMENT: The adjournment is granted. The IPTC is adjourned until October 29, 2021 at 10am. So ordered, (Signed by Judge Alvin K. Hellerstein on 8/19/2021) (js)
August 19, 2021 Opinion or Order Set/Reset Hearings: Initial Conference set for 10/29/2021 at 10:00 AM before Judge Alvin K. Hellerstein. (js)
August 9, 2021 Opinion or Order Filing 19 AFFIDAVIT OF SERVICE. Jardan 520, LLC served on 7/23/2021, answer due 9/24/2021. Service was accepted by A legal representative of CSC, empowered to receive service. Document filed by Patrick Capital Markets, LLC..(Mason, Matthew)
August 9, 2021 Opinion or Order Filing 18 AFFIDAVIT OF SERVICE. Joshua Rabina served on 7/29/2021, answer due 9/24/2021. Service was accepted by Joshua Rabina. Document filed by Patrick Capital Markets, LLC..(Mason, Matthew)
August 9, 2021 Opinion or Order Filing 17 AFFIDAVIT OF SERVICE. Maidad (Mickey) Rabina served on 7/29/2021, answer due 9/24/2021. Service was accepted by Maidad Rabina. Document filed by Patrick Capital Markets, LLC..(Mason, Matthew)
August 9, 2021 Opinion or Order Filing 16 AFFIDAVIT OF SERVICE. Rabina Properties, LLC served on 7/23/2021, answer due 9/24/2021. Service was accepted by A legal Representative of CSC empowered to receive such service. Document filed by Patrick Capital Markets, LLC..(Mason, Matthew)
August 9, 2021 Opinion or Order Filing 15 AFFIDAVIT OF SERVICE. Ascend Real Estate Partners, L.P. served on 7/22/2021, answer due 9/24/2021. Service was accepted by Lynanne Gares, Litigation Management Services leader for CSC. Document filed by Patrick Capital Markets, LLC..(Mason, Matthew)
August 3, 2021 Opinion or Order Filing 14 MEMO ENDORSEMENT on re: #13 Letter adjournment filed by Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC, Ascend Real Estate Partners, L.P. ENDORSEMENT : So Ordered., (Ascend Real Estate Partners, L.P. answer due 9/24/2021; Jardan 520, LLC answer due 9/24/2021; Joshua Rabina answer due 9/24/2021; Maidad (Mickey) Rabina answer due 9/24/2021; Rabina Properties, LLC answer due 9/24/2021.) (Signed by Judge Alvin K. Hellerstein on 8/3/21) (yv)
August 2, 2021 Opinion or Order Filing 13 LETTER addressed to Judge Alvin K. Hellerstein re: adjournment. Document filed by Ascend Real Estate Partners, L.P., Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC..(Fried, William)
August 2, 2021 Opinion or Order Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rabina Properties, LLC..(Fried, William)
August 2, 2021 Opinion or Order Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jardan 520, LLC..(Fried, William)
August 2, 2021 Opinion or Order Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ascend Real Estate Partners, L.P...(Fried, William)
August 2, 2021 Opinion or Order Filing 9 NOTICE OF APPEARANCE by William R. Fried on behalf of Ascend Real Estate Partners, L.P., Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC..(Fried, William)
July 19, 2021 Opinion or Order Filing 8 SCHEDULING ORDER: The parties are hereby ordered to appear for initial conference on September 10, 2021 at 10:30 a.m., which will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. Finally, no later than September 8, 2021, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Initial Conference set for 9/10/2021 at 10:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 7/19/21) (yv)
July 14, 2021 Opinion or Order Filing 7 ELECTRONIC SUMMONS ISSUED as to Ascend Real Estate Partners, L.P., Jardan 520, LLC, Joshua Rabina, Maidad (Mickey) Rabina, Rabina Properties, LLC..(jgo)
July 14, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew C. Mason. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to XX Out of State;. (jgo)
July 14, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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)
July 14, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew C. Mason. The party information for the following party/parties has been modified: Maidad Rabina. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo)
July 14, 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. (jgo)
July 14, 2021 Opinion or Order Case Designated ECF. (jgo)
July 13, 2021 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Matthew C. Mason on behalf of Patrick Capital Markets, LLC..(Mason, Matthew)
July 13, 2021 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Ascend Real Estate Partners, LP, Rabina Properties, LLC, Maidad Rabina, Joshua Rabina, Jardan 520, LLC, re: #1 Complaint. Document filed by Patrick Capital Markets, LLC..(Mason, Matthew)
July 13, 2021 Opinion or Order Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #6) - NOTICE OF APPEARANCE by Matthew C. Mason on behalf of Patrick Capital Markets, LLC..(Mason, Matthew) Modified on 7/14/2021 (ldi).
July 13, 2021 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Patrick Capital Markets, LLC..(Mason, Matthew)
July 13, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Mason, Matthew)
July 13, 2021 Opinion or Order Filing 1 COMPLAINT against Ascend Real Estate Partners, L.P., Jardan 520, LLC, Joshua Rabina, Maidad Rabina, Rabina Properties, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24787792)Document filed by Patrick Capital Markets, LLC..(Mason, Matthew)

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Plaintiff: Patrick Capital Markets, LLC
Represented By: Matthew C. Mason
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Defendant: Ascend Real Estate Partners, L.P.
Represented By: William R. Fried
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Defendant: Rabina Properties, LLC
Represented By: William R. Fried
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Defendant: Maidad (Mickey) Rabina
Represented By: William R. Fried
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Defendant: Joshua Rabina
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Defendant: Jardan 520, LLC
Represented By: William R. Fried
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