Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9 v. 700 Milford Holdings LLC et al
Plaintiff: Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9
Defendant: 700 Milford Holdings LLC, David Werner, RP/HH Milford Plaza Ground Tenant, LP, RP/HH Milford Plaza Lessee, LP, State of New York Department of Taxation and Finance, New York City Department of Finance, New York City Criminal Court, New York City Environmental Control Board, New York City Water Board and John Does 1-100
Case Number: 1:2021cv06059
Filed: July 15, 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. § 1332 fc
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2021 Filing 43 AMENDED COMPLAINT amending #1 Complaint,,, against 700 Milford Holdings LLC, John Does 1-100, New York City Criminal Court, New York City Department of Finance, New York City Environmental Control Board, New York City Water Board, RP/HH Milford Plaza Ground Tenant, LP, RP/HH Milford Plaza Lessee, LP, David Werner.Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9. Related document: #1 Complaint,,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T).(Mac Avoy, Janice)
August 23, 2021 Opinion or Order Filing 42 MEMO ENDORSEMENT on re: #41 Letter, filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9. ENDORSEMENT: The Plaintiff's request for leave to amend the complaint is granted. The parties shall file the amended complaint and responsive pleadings in accordance with Plaintiff's proposed briefing schedule. The Clerk of Court is respectfully directed to close the motion pending at docket number 39. SO ORDERED. (Amended Pleadings due by 8/31/2021., Motions due by 9/30/2021., Responses due by 10/29/2021, Replies due by 11/19/2021.), Motions terminated: #39 LETTER MOTION for Conference addressed to Judge John P. Cronan from Thomas M. Wood, IV dated August 16, 2021. filed by David Werner. (Signed by Judge John P. Cronan on 8/23/2021) (jca)
August 19, 2021 Filing 41 LETTER addressed to Judge John P. Cronan from Janice Mac Avoy dated August 19, 2021 re: Response to the pre-motion letter submitted by David Werner on August 16, 2021. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
August 19, 2021 Filing 40 LETTER addressed to Judge John P. Cronan from Janice Mac Avoy dated August 19, 2021 re: Response to the pre-motion letter submitted by defendant 700 Milford Holdings LLC on August 16, 2021. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
August 16, 2021 Filing 39 LETTER MOTION for Conference addressed to Judge John P. Cronan from Thomas M. Wood, IV dated August 16, 2021. Document filed by David Werner..(Wood, Thomas)
August 16, 2021 Filing 38 NOTICE OF APPEARANCE by Thomas Moss Wood, IV on behalf of David Werner..(Wood, Thomas)
August 16, 2021 Filing 37 LETTER addressed to Judge John P. Cronan from Jed M. Schwartz dated Aug. 16, 2021 re: pre-motion letter pursuant to Individual Rule 6.A. Document filed by 700 Milford Holdings LLC..(Schwartz, Jed)
August 16, 2021 Filing 36 NOTICE OF APPEARANCE by Michael Ehson Mirdamadi on behalf of 700 Milford Holdings LLC..(Mirdamadi, Michael)
August 16, 2021 Filing 35 NOTICE OF APPEARANCE by Jed Mastren Schwartz on behalf of 700 Milford Holdings LLC..(Schwartz, Jed)
August 13, 2021 Opinion or Order Filing 34 ORDER granting #33 Motion for Thomas Moss Wood, IV to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
August 12, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Thomas Moss Wood, IV to Appear Pro Hac Vice for Defendant, David Werner. Filing fee $ 200.00, receipt number ANYSDC-24919407. Motion and supporting papers to be reviewed by Clerk's Office staff.>/FONT. The document has been reviewed and there are no deficiencies. (bcu)
August 11, 2021 Filing 33 MOTION for Thomas Moss Wood, IV to Appear Pro Hac Vice for Defendant, David Werner. Filing fee $ 200.00, receipt number ANYSDC-24919407. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Werner. (Attachments: #1 Declaration, #2 Exhibit A Good Standing Certificate, #3 Proposed Order).(Wood, Thomas)
July 30, 2021 Filing 32 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. David Werner served on 7/26/2021, answer due 8/16/2021. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 29, 2021 Filing 31 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. New York City Department of Finance served on 7/22/2021, answer due 8/12/2021. Service was accepted by D. Spence, Clerk. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 29, 2021 Filing 30 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. New York City Environmental Control Board served on 7/22/2021, answer due 8/12/2021. Service was accepted by Betty Mazyck, Clerk. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 29, 2021 Filing 29 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. New York City Criminal Court served on 7/22/2021, answer due 8/12/2021. Service was accepted by Nona Riley, Court Assistant. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 26, 2021 Filing 28 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. RP/HH Milford Plaza Lessee, LP served on 7/21/2021, answer due 8/11/2021. Service was accepted by Aaron Matthews, Compliance Manager. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 26, 2021 Filing 27 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. RP/HH Milford Plaza Ground Tenant, LP served on 7/21/2021, answer due 8/11/2021. Service was accepted by Aaron Matthews, Compliance Manager. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 26, 2021 Filing 26 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. New York City Water Board served on 7/21/2021, answer due 8/11/2021. Service was accepted by Kevin Harmon, Legal Assistant. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 26, 2021 Filing 25 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. State of New York Department of Taxation and Finance served on 7/21/2021, answer due 8/11/2021. Service was accepted by Kate Murray, authorized person. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 26, 2021 Filing 24 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. 700 Milford Holdings LLC served on 7/21/2021, answer due 8/11/2021. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 26, 2021 Opinion or Order Filing 23 NOTICE OF ASSIGNMENT: Initial Conference set for 10/4/2021 at 12:00 PM before Judge John P. Cronan. Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. ( As further set forth in this Order.) SO ORDERED. (Signed by Judge John P. Cronan on 7/26/2021) (vfr)
July 16, 2021 Filing 22 ELECTRONIC SUMMONS ISSUED as to RP/HH Milford Plaza Lessee, LP..(gp)
July 16, 2021 Filing 21 ELECTRONIC SUMMONS ISSUED as to 700 Milford Holdings LLC..(gp)
July 16, 2021 Filing 20 ELECTRONIC SUMMONS ISSUED as to David Werner..(gp)
July 16, 2021 Filing 19 ELECTRONIC SUMMONS ISSUED as to State of New York Department of Taxation and Finance..(gp)
July 16, 2021 Filing 18 ELECTRONIC SUMMONS ISSUED as to New York City Criminal Court..(gp)
July 16, 2021 Filing 17 ELECTRONIC SUMMONS ISSUED as to New York City Department of Finance..(gp)
July 16, 2021 Filing 16 ELECTRONIC SUMMONS ISSUED as to New York City Environmental Control Board..(gp)
July 16, 2021 Filing 15 ELECTRONIC SUMMONS ISSUED as to New York City Water Board..(gp)
July 16, 2021 Filing 14 ELECTRONIC SUMMONS ISSUED as to RP/HH Milford Plaza Ground Tenant, LP..(gp)
July 16, 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. (gp)
July 16, 2021 Case Designated ECF. (gp)
July 16, 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..(gp)
July 15, 2021 Filing 13 NOTICE OF LIS PENDENS. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 15, 2021 Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to RP/HH Milford Plaza Lessee, LP, re: #1 Complaint,,,. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 15, 2021 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to RP/HH Milford Plaza Ground Tenant, LP, re: #1 Complaint,,,. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 15, 2021 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Water Board, re: #1 Complaint,,,. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 15, 2021 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Environmental Control Board, re: #1 Complaint,,,. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 15, 2021 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Finance, re: #1 Complaint,,,. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 15, 2021 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Criminal Court, re: #1 Complaint,,,. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 15, 2021 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to State of New York Department of Taxation and Finance, re: #1 Complaint,,,. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 15, 2021 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to David Werner, re: #1 Complaint,,,. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 15, 2021 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to 700 Milford Holdings LLC, re: #1 Complaint,,,. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 15, 2021 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9. Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9..(Mac Avoy, Janice)
July 15, 2021 Filing 2 CIVIL COVER SHEET filed..(Mac Avoy, Janice)
July 15, 2021 Filing 1 COMPLAINT against 700 Milford Holdings LLC, John Does 1-100, New York City Criminal Court, New York City Department of Finance, New York City Environmental Control Board, New York City Water Board, RP/HH Milford Plaza Ground Tenant, LP, RP/HH Milford Plaza Lessee, LP, State of New York Department of Taxation and Finance, David Werner. (Filing Fee $ 402.00, Receipt Number ANYSDC-24796397)Document filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T).(Mac Avoy, Janice)

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Search for this case: Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9 v. 700 Milford Holdings LLC et al
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Plaintiff: Wells Fargo Bank, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates, Series 2013-C9
Represented By: Janice Mac Avoy
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Defendant: 700 Milford Holdings LLC
Represented By: Jed Mastren Schwartz
Represented By: Michael Ehson Mirdamadi
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Defendant: David Werner
Represented By: Thomas Moss Wood, IV
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Defendant: RP/HH Milford Plaza Ground Tenant, LP
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Defendant: RP/HH Milford Plaza Lessee, LP
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Defendant: State of New York Department of Taxation and Finance
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Defendant: New York City Department of Finance
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Defendant: New York City Criminal Court
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Defendant: New York City Environmental Control Board
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Defendant: New York City Water Board
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Defendant: John Does 1-100
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